MINUTES REPORT LOCAL PLANNING AGENCY January 26, 2009 MEMBERS PRESENT: Noel Andress Cindy Butler Carie Call Jim Green STAFF PRESENT: Peter Blackwell, Planning Rick Burris, Planning John Fredyma, Asst. Cty. Atty. Brandy Gonzalez, Planning Mitch Hutchcraft Ron Inge (Vice Chair) Carla Johnston Dave Loveland, DOT Janet Miller, Recording Secretary Matt Noble, Planning Paul O Connor, Planning Director Agenda Item 1 Call to Order, Certificate of Affidavit of Publication Mr. Andress called the meeting to order at 8:30 a.m. in the Board Chambers of the Old Lee County Courthouse, 2120 Main Street, Fort Myers, FL. Mr. Fredyma, Assistant County Attorney, certified that the affidavit of publication was legally sufficient as to form and content and entered it into the record. Agenda Item 2 Pledge of Allegiance Agenda Item 7 Small Scale Amendment A. CPA2007-04 Mango/Rowshan Mr. Andress announced that CPA2007-04 Mango Rowshan would be continued to a future Local Planning Agency meeting, per the request of the applicant s representative. Mr. Inge made a motion to continue CPA2007-04 Mango Rowshan to February 23, 2009 at 8:30 a.m. in the Board Chambers, seconded by Mr. Green. There being no further discussion, the motion passed 7-0. Agenda Item 3 Election of Officers Mr. Andress welcomed the new members. Since there were five new members, Mr. Inge reviewed the Local Planning Agency s tasks. Mr. Fredyma reviewed some of the Sunshine Law provisions to the new members. He also reviewed forms they have to file and procedures for voting conflicts. Mr. Inge nominated Mr. Andress to be Chair of the LPA, seconded by Mr. Hutchcraft. There being no further discussion, the motion passed 7-0. Mr. Andress nominated Mr. Inge to be Vice Chair of the LPA, seconded by Mr. Hutchcraft. There being no further discussion, the motion passed 7-0. Local Planning Agency January 26, 2009 Page 1 of 5
Agenda Item 4 Public Forum None Agenda Item 5 Approval of Minutes: October 9, 2008 and November 24, 2008 A. October 9, 2008 Ms. Johnston made a motion to approve the October 9, 2008 meeting minutes, seconded by Mr. Green. There being no further discussion, the motion passed 7-0. B. November 24, 2008 Ms. Johnston made a motion to approve the November 24, 2008 meeting minutes, seconded by Mr. Inge. There being no further discussion, the motion passed 7-0. Agenda Item 6 2008/2009 Regular Lee Plan Amendment Cycle A. CPA2006-12 North River Village Mr. Noble reviewed his staff report and recommendations. Lengthy discussion ensued between staff, the LPA, and the applicant s representatives (Mr. Dan Delisi, Mr. Hans Wilson, and Mr. Dave Depew) regarding: 1) population accommodations; 2) the developer agreement on road transportation improvements/issues; 3) surrounding properties (i.e. Argo Ranch and Babcock Ranch); 4) how this project affects the County s CIP; 5) public access; 6) whether it would be a gated community; 7) the timeline should this project be approved; 8) what would take place if the density increase were approved and the property was subsequently sold; 9) density transfers (i.e. lower the density in the Verandah and how it would affect this project); 10) impacts on Manatees; 11) why a new land use category is being used; and, 12) where they are in relation to the Williams Island request. Per the Board s request, Mr. Daltry, Smart Growth Director, discussed why he did not consider this project proposal to be Smart Growth. Mr. Dan DeLisi gave a PowerPoint presentation. Ms. Kitty Green, President and CEO, of Bonita Bay discussed the positive aspects of the project and why it would be a great addition to the area. Mr. Andress opened the meeting for public comment. Public Comment Portion Mr. Steven Brown, representing the Conservancy of SW Florida, stated he was a practicing planner for 20 years. He advises the Conservancy of SW FL on planning issues and assists their members in Charlotte, Hendry, Glades, and Lee Counties. He noted they believed the proposed North River Village large scale amendment should not transmitted to the Board of County Commissioners because it is inconsistent with the Lee Plan and Florida administrative rules which require future land use designations that discourage urban sprawl. He gave a Power Point presentation explaining why they felt it was inconsistent with the Lee Plan and the impacts this new project would create. Local Planning Agency January 26, 2009 Page 2 of 5
NAME VOTE NOTES Steven Brown Bill Gross Debra Van Roekel Andy Tilton Cheri Mulling Tom Mulling Nick Armeda Family A letter was read into the record on their behalf by Mr. Tom Mulling. Ron Weaver Denise Wheeler Arthur Wong (Save the Manatee Club) A letter was read into the record on their behalf by Denise Wheeler. BJ Gerald Ruby Daniels Leslie Alderman Michael Stottlemyer William Redfern Linda Redfern Glen Cary James English Christina Carter Carl Veaux Bruce Hepp Carl Barraco Dr. Jennifer Languell Tom Hoolihan Pam Mackie Pete Quasius Eric Ducrou Dennis Pearlman Mike Greenwell John Globetti Mary Povia R.J. Choinski Joe Sterlacci Robert Quiller Ken Passarella Wynn Everham A letter was read into the record on their behalf by Ken Passarella. Jim Mathisen Janet Trippe Ed Kimball James Giedeman Tad Miller Steven Brodkin Local Planning Agency January 26, 2009 Page 3 of 5
NAME VOTE NOTES Patrick Hosey Karen Kamener John English Ellen Erickson Theresa Fields Dennis Cantwell Larry Nisbet Jacque Rippe Ken Stead Frank Musco Frank Mann The public portion was closed. The applicant responded to some of the comments made by the public as well as comments made by Mr. Wayne Daltry, Smart Growth Director. General questions and answers ensued regarding: 1) clarification on the Olga and Alva boundaries; 2) transportation issues (i.e. Hwy 80, 78, and 31); 3) what might happen to the land if this project was denied; and, 4) specifics on what someone could do on this land with the existing density regulations. Mr. O Connor noted that additional language revisions were received by the applicant on Friday as well as Sunday evening, which staff had not had sufficient time to review. Since the LPA heard staff s presentation, the applicant s presentation, and public comment, he recommended the public portion be closed and that this item be continued to next month s meeting. This will provide staff time to review the new language revisions and make recommendations. Mr. Andress closed the public portion segment and asked for a motion to continue this item to next month s meeting. Ms. Butler made a motion to continue this item to February 23, 2009, at 8:30 a.m. in the Board Chambers, seconded by Mr. Green for discussion. Discussion ensued on whether they should take a vote now. Mr. Andress asked for the applicant s preference. Mr. DeLisi stated the only items changed in the text was whatever staff wanted them to change. He preferred that a vote be taken today. Ms. Butler felt the LPA should be reviewing everything before them. Even if the project is denied, she would prefer to see the proposed changes. If the project is approved, the LPA should provide their suggestions/recommendations on the new language before it is presented to the Board of County Commissioners. The motion was called to question to continue the item to next month, the motion passed 7-0. Local Planning Agency January 26, 2009 Page 4 of 5
Mr. Inge stated there was confusion with the way this language and proposed changes were presented. He asked that it be made more clear as to what staff is recommending be transmitted or not transmitted at next month s meeting. Staff stated they would transmit the final language to the LPA with a memo clearly outlining the proposal and staff s recommendation. B. CPA2008-23 Public Facilities Update Mr. Blackwell reviewed his staff report and recommendations. The LPA had no questions of staff. Mr. Andress asked if anyone from the public wished to comment. No public comment was received. Mr. Inge made a motion to recommend transmittal of CPA2008-23, seconded by Ms. Butler. There being no further discussion, the motion passed 7-0. Agenda Item 8 Other Business Mr. John Fredyma discussed financial disclosure forms and exparte communications. He noted a presentation could be provided to the LPA if they wanted more detail than what he provided at today s meeting. The Board discussed the North River Village project further and expressed concerns over having another meeting with lengthy public input. Mr. Fredyma stated that if there are differences in the language and information is discussed that was not available at today s meeting, the LPA would need to allow public comment. However, the LPA has the right to limit the public comment to those new issues. The LPA also has the right to ask the public to be brief and concise as they did today or to entertain greater comment if they so choose. Mr. Inge thanked staff for getting the meeting information to them a week in advance. Although he knew staff was still working with the applicant, he asked that it be conveyed to the applicant that whatever is mailed to the LPA is what will actually be discussed, not the revised version that comes after the fact at the last minute. Staff agreed and they also reiterated that they would get the information to the LPA as concisely as possible. Agenda Item 9 Adjournment Mr. Inge made a motion to adjourn, seconded by Ms. Johnston. There being no further discussion, the motion passed 7-0. The next meeting will be held on Monday, February 23, 2009, at 8:30 a.m. in the Board Chambers. Local Planning Agency January 26, 2009 Page 5 of 5