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BOOK – 2011CP - B.O.C.C.------------------------------------
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SEPTEMBER 28, 2011
A
Meeting
of the
was held on this date to conduct a Public
Hearing to consider Adoption of the 2010/2011 Regular Lee County Comprehensive Land Use Plan (Lee Plan)
Amendments with the following Commissioners present:
ON FILE IN THE MINUTES OFFICE: COVER
MEMORANDUM
DEVELOPMENT PLANNING DIRECTOR PAUL O’CONNOR, AICP, DATED SEPTEMBER 16, 2011.
1
.
Call to Order; Certification of Affidavit of Publication
Collins approved, as to legal form and sufficiency, the
Affidavit of Publication
regarding this item.
2. Public Comment on Consent Agenda:
The Chairman called for public input; however, no one came forward.
3. Consent Items Pulled for Discussion by the Board.
There were no Consent Agenda items pulled for discussion by individual Commissioners.
4. Consideration of Items Pulled for Discussion.
Following brief procedural guidance from Attorney Collins, a motion was made to adopt each of the Consent Agenda
Ordinances, as specified.
5. Adopt Consent Agenda Ordinances.
1.
CPA2010-04:
Service Areas Map, to provide sanitary sewer service to an approved multi-family residential development and two
commercial properties.
Commissioner Hall moved to approve the Consent Agenda Ordinances, seconded by Commissioner Manning, called
and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO.
89-02, AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00004
APPROVED DURING A PUBLIC HEARING DURING THE COUNTY’S 2010/2011
REGULAR COMPREHENSIVE PLAN AMENDMENT CYCLE; PROVIDING FOR
PURPOSE, INTENT, AND SHORT TITLE; AMENDMENTS TO ADOPTED MAP;
SEVERABILITY, CODIFICATION, SCRIVENER’S ERRORS, AND AN EFFECTIVE
DATE.
2.
CPA2010-07:
Amend the Future Land Use Map Series, Map 1, to
change approximately 15.56 acres of land designated Suburban to Industrial Development and Conservation Lands
Uplands and Conservation Lands Wetlands.
Commissioner Hall moved to approve the Consent Agenda Ordinances, seconded by Commissioner Manning, called
and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
BOOK – 2011CP - B.O.C.C.------------------------------------
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89-02, AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00007
APPROVED DURING A PUBLIC HEARING DURING THE COUNTY’S 2010/2011
REGULAR COMPREHENSIVE PLAN AMENDMENT CYCLE; PROVIDING FOR
PURPOSE, INTENT, AND SHORT TITLE; AMENDMENTS TO ADOPTED MAP;
SEVERABILITY, CODIFICATION, SCRIVENER’S ERRORS, AND AN EFFECTIVE
DATE.
3.
CPA2010-08:
Southwest Florida International Airport Non-Aviation Development Update.
Amend
Lee Plan provisions specific to the development of the Southwest Florida International Airport and Table 5(a)
Southwest Florida International Airport Development Schedule to modify the development parameters allowed within
the future non-aviation areas at the Southwest Florida International Airport.
Commissioner Hall moved to approve the Consent Agenda Ordinances, seconded by Commissioner Manning, called
and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO. 89-
02, AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00008
(PERTAINING TO THE SOUTHWEST FLORIDA INTERNATIONAL AIRPORT
NON-AVIATION DEVELOPMENT UPDATE) APPROVED DURING A PUBLIC
HEARING DURING THE COUNTY’S 2010/2011 REGULAR COMPREHENSIVE
PLAN AMENDMENT CYCLE; PROVIDING FOR PURPOSE, INTENT, AND SHORT
TITLE; AMENDMENTS TO ADOPTED TEXT AND TABLES; LEGAL EFFECT OF
CODIFICATION, SCRIVENER’S ERRORS, AND AN EFFECTIVE DATE.
4.
CPA2010-12:
Conservation Lands Update.
Amend the Future Land Use Map series, Map 1, by updating
the Conservation land use categories.
Commissioner Hall moved to approve the Consent Agenda Ordinances, seconded by Commissioner Manning, called
and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO. 89-
02, AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00012 (UPDATING
THE MAPPED CONSERVATION AREAS ON THE FUTURE LAND USE MAP)
APPROVED DURING THE COUNTY’S 2010/2011 REGULAR COMPREHENSIVE
PLAN AMENDMENT CYCLE; PROVIDING FOR PURPOSE, INTENT AND SHORT
TITLE; AMENDMENTS TO THE FUTURE LAND USE MAP; LEGAL EFFECT OF
CODIFICATION, SCRIVENER’S ERRORS, AND AN EFFECTIVE DATE.
5.
CPA2010-14:
Mixed Use Overlay Update.
Development Code Chapter 32: Compact Communities; Adopt Lee Plan Policy 4.2.7 and revise Objective 6.1 to
exempt commercial development within the Mixed Use Overlay from the site location standards of Lee Plan Policy
6.1.2 when implementing the provisions of Chapter 32; Amend Lee Plan Map 1, Page 6 the Mixed Use Overlay to
match the Lehigh Acres Downtown Specialized Mixed-Use Node.
Commissioner Hall moved to approve the Consent Agenda Ordinances, seconded by Commissioner Manning, called
and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO. 89-
02, AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00014
(PERTAINING TO THE COMMERCIAL SITE LOCATION STANDARD
EXCEPTIONS IN THE MIXED-USE OVERLAY) APPROVED DURING A PUBLIC
HEARING DURING THE COUNTY’S 2010/2011 REGULAR COMPREHENSIVE
PLAN AMENDMENT CYCLE; PROVIDING FOR PURPOSE, INTENT, AND SHORT
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BOOK – 2011CP - B.O.C.C.------------------------------------
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PLAN”; GEOGRAPHICAL APPLICABILITY; SEVERABILITY, CODIFICATION,
SCRIVENER’S ERRORS, AND AN EFFECTIVE DATE.
6.
CPA2010-16:
Remove Duplicate Boca Grande Goal.
Remove the duplicate Boca Grande goal from the
Commissioner Hall moved to approve the Consent Agenda Ordinances, seconded by Commissioner Manning, called
and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO. 89-
02, AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00016 (REMOVING
A DUPLICATE BOCA GRANDE GOAL) APPROVED DURING A PUBLIC HEARING
DURING THE COUNTY’S 2010/2011 REGULAR COMPREHENSIVE PLAN
AMENDMENT CYCLE; PROVIDING FOR PURPOSE, INTENT, AND SHORT TITLE;
GEOGRAPHICAL APPLICABILITY; SEVERABILITY, CODIFICATION,
SCRIVENER’S ERRORS, AND AN EFFECTIVE DATE.
7.
CPA2010-19:
Recreation Facilities Standards Update.
Amend Objective 79.1, Objective 82.2, Objective
83.2, Policy 83.2.1, and Policy 95.1.3 concerning the Non-Regulatory Level of Service Standards for boat ramps,
water access, and community recreation standards.
Commissioner Hall moved to approve the Consent Agenda Ordinances, seconded by Commissioner Manning, called
and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO. 89-
02, AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00019
(PERTAINING TO THE RECREATION FACILITIES STANDARDS UPDATE)
APPROVED DURING A PUBLIC HEARING DURING THE COUNTY’S 2010/2011
REGULAR COMPREHENSIVE PLAN AMENDMENT CYCLE; PROVIDING FOR
PURPOSE, INTENT, AND SHORT TITLE; AMENDMENTS TO ADOPTED TEXT;
SEVERABILITY, CODIFICATION, SCRIVENER’S ERRORS, AND AN EFFECTIVE
DATE.
8.
CPA2010-21:
Amend Policy 113.3.1 to clarify that beach
re-nourishment sand sources should be identified and protected.
Commissioner Hall moved to approve the Consent Agenda Ordinances, seconded by Commissioner Manning, called
and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO. 89-
02, AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00021
(PERTAINING TO THE BEACH RENOURISHMENT AMENDMENT) APPROVED
DURING A PUBLIC HEARING DURING THE COUNTY’S 2010/2011 REGULAR
COMPREHENSIVE PLAN AMENDMENT CYCLE; PROVIDING FOR PURPOSE,
INTENT, AND SHORT TITLE; AMENDMENTS TO ADOPTED TEXT; LEGAL
SEVERABILITY, CODIFICATION, SCRIVENER’S ERRORS, AND AN EFFECTIVE
DATE.
9.
CPA2010-22:
Amend Map 1, Special Treatment
Areas, Page 2 of 8, Community Planning Areas, to modify the boundary between the Caloosahatchee Shores and Olga
Communities. Clarify the appropriate areas for commercial and mixed uses. Clarify the public participation language
in Policy 21.6.3.
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BOOK – 2011CP - B.O.C.C.------------------------------------
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Commissioner Hall moved to approve the Consent Agenda Ordinances, seconded by Commissioner Manning, called
and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO. 89-
02, AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00022
APPROVED DURING A PUBLIC HEARING DURING THE COUNTY’S 2010/2011
REGULAR COMPREHENSIVE PLAN AMENDMENT CYCLE; PROVIDING FOR
PURPOSE, INTENT, AND SHORT TITLE; AMENDMENTS TO ADOPTED MAP AND
SEVERABILITY, CODIFICATION, SCRIVENER’S ERRORS, AND AN EFFECTIVE
DATE.
3. Administrative Agenda:
1.
CPA2010-15:
Amend Policy 13.1.2
to clarify the building and structure height regulations on Captiva Island.
Community Development Principal Planner Matt Noble reviewed the amendment request, workshop results and
staff’s recommendation to adopt the proposed amendment as depicted in the Staff Report. Captiva Community Panel
Planning Consultant
Panel Chair
Regional Manager of South Seas Resort and Panel
member
Rick Hayduk;
and Panel member
Rene Miville,
adoption. Attorney
Matt Uhle,
Chairman called for public comment and the following persons came forward:
In opposition:
Bill Fenniman
In support:
Business owner
Mr. Noble commented on the process over the last two years, and Community Development Building Officer Bob
Stewart responded to Board questions and concerns, and referenced a projected overview. Commissioner Manning
briefly left the Chambers during set-up of the projector. Commissioner Manning moved to adopt the staff
recommendation, seconded by Commissioner Hall. Following brief Board commentary, the motion was called and
carried with Commissioner Bigelow voting nay. Mr. Noble advised that second-story architectural concerns may be
addressed further during the Land Development Code process. The Ordinance adopted by the Board and filed was
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO. 89-02,
AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00015 (PERTAINING TO
EVALUATION) APPROVED DURING A PUBLIC HEARING DURING THE
COUNTY’S 2010/2011 REGULAR COMPREHENSIVE PLAN AMENDMENT CYCLE;
PROVIDING FOR PURPOSE, INTENT, AND SHORT TITLE; AMENDMENTS TO
APPLICABILITY; SEVERABILITY, CODIFICATION, SCRIVENER’S ERRORS, AND
AN EFFECTIVE DATE.
2.
CPA2010-06:
Amend Policy 14.1.5 to permit clearing of wetlands in accordance with an
approved Environmental Resource Permit for commercial planned development twenty-five acres or larger.
Community Development Planner Brandon Dunn reviewed the amendment request and direction given by the Board
at the last transmittal hearing. Mr. Dunn narrated a PowerPoint presentation with Alternative Language suggested by
the applicant; however, staff believes the current language to be clear and enforceable. Environmental Sciences
Planner Doug Griffith and Natural Resources Director Roland Ottolini addressed environmental impact issues and
responded to questions. Chairman Mann, as a point of information, advised that the Board had previously transmitted
this proposal, by unanimous vote and against recommendation of staff and the Land Planning Agency, to the State for
review. Attorney
Matt Uhle,
on behalf of the applicant, reviewed the history and their compromise proposal.
Tom
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BOOK – 2011CP - B.O.C.C.------------------------------------
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Lehnert
of Banks Engineering, also on behalf of the applicant, addressed the site plan. The Chairman called for public
comment and the following persons came forward:
spoke in support
of the amendment;
spoke in opposition to
the amendment;
spoke in opposition to the
amendment.
Commissioner Manning recommended approving a solution that moves this to the next round of amendments with
agreed to language for consideration on October 19, 2011. Commissioner Hall suggested deferring this matter to craft
language; however, keeping it in the current round. Following further discussion and response to questions by
Community Development Planning Director Paul O'Connor and Principal Planner Matt Noble, Commissioner
Manning moved to defer this matter to October 19
th
to afford staff an opportunity to meet with the applicant and any
of today’s speakers, to craft agreed upon language and a mitigation program, seconded by Commissioner Hall. Chief
Assistant County Attorney Donna Marie Collins advised that an amendment would need to be adopted within 180
days of comment by the reviewing agency. The motion was called and carried with Commissioner Bigelow voting
nay.
The Chairman recessed the public hearing at 11:26 a.m. The Chairman reconvened the hearing at 12:04 p.m., with all
Commissioners present, with the exception of Commissioner Bigelow who arrived at 12:10 p.m., and Commissioner
Hall who arrived at 12:15 p.m.
3.
CPA2010-05:
Community Plan and the Northeast Lee County Planning Community Goal and subsequent provisions in response to
community planning efforts.
Community Development Planner Brandon Dunn reviewed the amendment request and staff’s recommendation for
adoption. Principal Planner Matt Noble provided material omitted from the Staff Report and addressed the
incorporated language changes and the
errata sheet.
Noble responded to Board questions on clarification of certain terms. Alexis Crespo of Waldrup Engineering spoke
on behalf of the Planning Panel providing background and planning goals which she indicated were consistent with
In Support of the Amendment
Nick Armeda
Mary Povia
Tom
Mulling II
Kathy Kreinbrink
on behalf of husband Dan Kreinbrink
Manny Flint
Adrian Povia
Duke Highway resident
Cheri Mulling
Olga resident
Duke Highway resident
Tom Mulling Sr.
Richard
Pringle
BOOK – 2011CP - B.O.C.C.------------------------------------
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Richard Maling
Concerned Citizens of Bayshore representative
Debbie Jackow
It was pointed out several times, during public comment, that the majority of the opposition was to the adopted By-
Ms. Crespo provided brief rebuttal, while Mr. Noble clarified certain aspects of the staff recommendation and
transparency requirements. Attorney Collins opined that the By-Laws did not have a bearing on the Board’s decision
today. She also advised that anyone may apply to propose future plan amendments which would be subject to the
public hearing process, and responded to Board questions. Following further Board discussion and clarification on the
process by Attorney Collins, Commissioner Manning moved to adopt CPA2010-05 with the revised language in
Policy 33.1.4 and Policy 33.3 and re-insert the words “sustainable” and “restore” into their respective policies, once
defined by staff, and subject to Board approval upon final definition. Under discussion, the Board indicated
understanding of Attorney Collins’ advisement that definitions of the words “sustainable” and “restore” would not be
available until a future amendment round, and her clarification that the motion adopts the policies with the Errata
Sheet language and direction to insert the phrase “as may be defined.” The motion maker agreed and reiterated his
intent, and Commissioner Hall seconded the motion. Commissioner Judah, while noting concerns, expressed support
of the by-laws as part of a community plan and land use representation. Commissioner Mann provided his concern
with the weak foundation and by-laws while advising on the procedure available to establish a Municipal Services
Taxing Unit (MSTU). The motion was called and carried with Commissioners Mann and Bigelow voting nay. The
Ordinance adopted by the Board and filed was
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO. 89-
02, AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00005 (PERTAINING
APPROVED DURING A PUBLIC HEARING DURING THE COUNTY’S 2010/2011
REGULAR COMPREHENSIVE PLAN AMENDMENT CYCLE; PROVIDING FOR
PURPOSE, INTENT, AND SHORT TITLE; AMENDMENTS TO ADOPTED TEXT
APPLICABILITY; SEVERABILITY, CODIFICATION, SCRIVENER’S ERRORS, AND
AN EFFECTIVE DATE.
4.
CPA2010-17:
response to community planning efforts.
Community Development Planner Brandon Dunn reviewed the amendment request and staff’s recommendation to
adopt. Department of Community Development Principal Planner Matt Noble referenced a requested revision by the
applicant to Policy 34.2.2 requiring a unanimous versus a three member vote of the Board to change density or land
use. He noted that staff is not recommending approval of the request. Chief Assistant County Attorney Donna Marie
Collins responded to a question by Commissioner Hall on use of the word “prohibited” in Policy 34.1.5.
Representing the applicant
indicated agreement with staff’s recommendation; however,
requested staff work with them on the Alva comments as part of the to-be-defined terms “sustainable” and “restore” as
discussed previously in the North Olga amendment. He next addressed the requested change to a unanimous vote of
the Board in Policy 34.2.2, and Attorney Collins spoke in opposition to the change. Further discussion ensued on
tying this issue in with the Transfer of Development Rights (TDR’s), and staff indicated this issue would be discussed
during a high level overview at the upcoming Management & Planning meeting. The Chairman called for public
comment and the following interested citizens came forward in support of the plan:
Additional input on the super-majority request by Alva, Inc., was provided by Attorney Collins. Commissioner Judah
moved to adopt staff recommendation as amended with the addition of the super-majority stipulation, seconded by
Commissioner Manning. The Board acknowledged Attorney Collins’ statement that the super-majority inclusion in
Policy 34.2.2 would apply solely to Alva. Under discussion, Commissioner Hall addressed the citizen participants on
the by-laws and community planning efforts in general, and appreciative comments were extended to the planning
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BOOK – 2011CP - B.O.C.C.------------------------------------
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staff. The motion was called and carried. The Ordinance adopted by the Board and filed was
ORDINANCE NO. 11-21, ENTITLED:
COMMONLY KNOWN AS THE “LEE PLAN,” ADOPTED BY ORDINANCE NO. 89-02,
AS AMENDED, SO AS TO ADOPT AMENDMENT CPA2010-00017 (PERTAINING TO
DURING THE COUNTY’S 2010/2011 REGULAR COMPREHENSIVE PLAN
AMENDMENT CYCLE; PROVIDING FOR PURPOSE, INTENT, AND SHORT TITLE;
GEOGRAPHICAL APPLICABILITY; SEVERABILITY, CODIFICATION,
SCRIVENER’S ERRORS, AND AN EFFECTIVE DATE.
4. Adjourn
The Chairman adjourned the meeting at 2:15 p.m.
__________________________
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