Good afternoon. I'd like to call this meeting of the Charlotte County Planning Advisory Board, Planning and Zoning Advisory Board to order. If the secretary would please call the roll. Michael Gravenson. Here. Doug Iso. Here. Stephen Vieira. Here. Don McCormick. Absent. Clint Baker. Here. Okay. We have four out of the five here, which constitutes a quorum. The minutes for the July 8th meeting were circulated. Any corrections, additions, or comments? Not hearing any, except those as having been circulated. Any announcements from the staff? No, sir, not today. Thank you. OK. We have several petitions today. Some of them are quasi-judicial and some are legislative. Those that are quasi-judicial need to have anyone participating to rise and take an oath. And we'll do that now for all of those petitions. Do you solemnly swear the testimony you're about to give? Is the truth the whole truth and nothing but the truth? If so, please say I do. Thank you. Thank you. Okay, thank you. So we'll begin with the first petition, please. Mr. Chairman, we have an election for the vice chairs. Is that later on? Can we do that? it's not the end of the agenda okay thank you but thank you Okay. For the record, Jenny Schell, Community Development Department, I have been sworn in. My professional qualifications are attached to the staff report as Exhibit One. The applicant, Lanar Holmes, LLC, is requesting a preliminary plot application p-24-01 and the Board of County Commissioners adoption hearing is scheduled for September 24th, 2024. The requested preliminary plat is for a subdivision to be named Tucker's Cve Phase II, being a replat of a portion of Trakt F1 of Tucker's Cove, as recorded in Plot Book 27 pages 7A through 7Z48 of the public records of Charlotte County, Florida. The proposed subdivision consists of 505 residential lots and seven tracks. This site contains 116.15 acres and is generally located south of Bermont Road, north of Babcock Trail, west of the county line with Glades County and east of state road 31. In the boundary of the Babcock Ranch Community Development of Regional Impact Increment 2 within the East County area and in Commission District 1. Here is the location map. Here is the aerial location map at full range. Here is the aerial location map. This is the Google Earth image. The future land use map designation is Babcock mixed use. The zoning designation is Babcock overlay zoning district. The notification of the public hearings has been sent to all property owners within a thousand feet of the site boundary. Here you can see the 505 residential lots and seven tracks. And here are those lots and tracks overlaid onto the aerial. If approved, the applicant would move forward to be able to final site plan review and then obtain final plot approval from the Board of County Commissioners to begin construction and move forward with this project. All pertinent departments have reviewed the petition with two minor comments from the County Surveyor in Environmental Specialists which will be addressed during the final plot application. Therefore it also a staff's professional opinion that this preliminary application P-24-01 is consistent with the Babcock Ranch community DRI development orders the Babcock mixed future lane use map designation the Babcock overlay zoning district the county's comprehensive plan the county's comprehensive plan, the county's codes of laws and ordinances and other applicable guidelines. Thank you, I welcome and I'm open to any questions. Okay, thank you. Any questions for staff? We'll open it up to the applicant representative? Good afternoon, Rob Bernsen, big W law firm. I have been sworn in. Nothing really to add. This is continuation of the development at Babcock Ranch. And this is coming to the end of an year of preliminary plots that you'll be seeing. So enjoy. Thank you. Any questions for the applicant? Representative. Okay. We'll open up public comment. Anyone wishing to speak about this petition? Please come forward. Our motion we close public comment. Second. I have a motion. Second, close public comment. Second. I have a motion. Second close public comment. All in favor of the motion say aye. I public comment time is closed. Any comments from the board? Just a question. If approved here today, when does that go before the BCC? September 24th, 2024. Okay, thank you. Any other questions or any discussion on this? Then I'll entertain a motion. I make a motion of forward application, PP24-1 on the Board of County Commissioners with a recommendation of approval based on findings and analysis in the staff memo dated July 23rd, 2024 Charlotte County's conference of plan and evidence and testimony presented at the public hearing before the second and a discussion on the motion. All in favor of the motion say aye. Aye. Any opposed say nay. That goes forward to the BCC with the recommendation for approval. Next item please. For the record, Jenny Shao, Community Development Department, I have been sworn in. My professional qualifications are attached to the SAF report as Exhibit 1. The applicant, Lunar Holmes LLC, is requesting a preliminary plot application, pp-24-02, and the Board of County Commissioners adoption hearing is scheduled for September 24, 2024. The requested preliminary plat is for a subdivision to be named Web's Reserve Phase 2 being a replat of a portion of Tract F3 of Web's Reserve. As recorded in platbook 27 pages 8A through 8Z53 of the public records of Charlotte County Florida. The proposed subdivision consists of 142 residential lots and 10 tracks. The site contains 58.85 acres more or less and is generally located south of Burmott Road, north of Babcock Trail, west of the county line with Glades County and east of state road 31. In the boundary of the Babcock Ranch Community Development of Regional Impact Inc. 2 and within the east county area it is located in Commission District 1. This is the location map. This is the aerial location map at full range. This is the aerial location map at full range. This is the aerial location map at mid range. Here is the aerial location map. This is the Google Earth image. The future land use map designation is Babcock mixed use. The zoning designation is Babcock Overlay Zoning District. The notification of the public hearings has been sent to all property owners within a thousand feet of the site boundary. And here you can see the 142 residential lots and 10 tracks. Here are those lots and tracks overlaid onto the aerial. If approved, the applicant would move forward to be able to apply for the final site plan review and then obtain final plat approval from the Board of County Commissioners to begin construction and move forward with this project. All pertinent departments have reviewed the petition with two minor comments from the County Survey and Environmental environmental specialist, which will be addressed during the final plot application. Therefore, it is also staff's professional opinion that this preliminary plot application, pp-24-02 is consistent with the Babcock Ranch Community DRI development orders, the Babcock mixed use fl flume, future lane use map designation, and the Babcock overlay zoning district. The county's comprehensive plan, the county's code of laws and ordinances and other applicable guidelines. Thank you. I welcome and I'm open to any questions. Okay. Thank you. Any questions for staff? No. Okay. Well, listen to the applicant's representative presentation. Again, Rob Bernson, big W law, have been sworn. We accept Miss Shaw as an expert. We have really nothing to add. This is just more development out in Babcock Ranch. Thank you. Any questions for Mr. Bernson? We'll open up public comment anyone wishing to speak about this petition. Please come forward I make motion we close public comment I have a motion second close public comment all in have a motion second to close public comment. All in favor say aye. Public comment time is closed. Any comments on this petition or questions for the staff? Okay. I'll entertain a motion then. Mr. Chairman, I'll make a motion to forward application pp-24-02 to the Board of County Commission is with the recommendation of approval based on the findings and analysis of the staff memo dated July 24th 2024. Charlotte County's comprehensive plan and the evidence and testimony presented at the public hearing before the planning and zoning board. That's second. I have a motion to the second and a discussion on the motion. All in favor of the motion say aye. Aye. Aye. Any opposed say nay, that that goes forward to the BCC with a recommendation for approval. Okay. Next item, please. For the record, Jenny Shao Community Development Department. community development department. The applicant ARR Holdings LLC is requesting a plaque vacation PV-24-01 and the Board of County Commissioners adoption hearing is scheduled for September 24th, 2024. The requested plaque vacation is to vacate a portion of rotunda heights consisting of lots 1944 through 1953, lots 1955 through 1959, and lots 1973 through 1981, as recorded in Platt Book 8 pages 26A through 26Z of the public records of Charlotte County Florida. The properties consist of 9.307 acres more or less and are generally located north and west of Rotunda Boulevard west, south of Flower Road, east of Placita Road in the Rotunda West and West County area. It is located in the Rotunda West and West County area. It is located in Commission District 3. This is the location map. This is the aerial location map at full range. This is the aerial location map at mid-range. This is the aerial location map. This is the Google Earth image. The future land use map designation is high density residential. The zoning designation is residential multi-family 15. The notification of the public hearings has been sent to all property owners within a thousand feet of the site foundry. Here is the proposed changes and if approved the petition would allow for more developable space on the property. No residents will be denied reasonable access to the property as a result of this petition. All pertinent departments have reviewed the petition and the comments from the county environmental specialists will be addressed during a site plan review application for future development of the subject property. The proposed platification would be for three new parcels as depicted in the graphic shown. Here is the property ownership map. And here are those three parcels overlaid onto the aerial. It is also staff's professional opinion that this Platt vacation application, PV-24-01, is consistent with the county's comprehensive plan, the county's code of laws and ordinances, and other applicable guidelines. Thank you, I welcome and I'm open to any questions. Thank you. Any questions for staff? Then we'll hear from the applicants representative. Rob Bernsen, big W law yet again. We accept Miss Shaw as an expert. My client is seeking to vacate these parcels basically to provide for unified tracks that they'll develop in the future. I just for the record, Jenny actually read consisting of lots, 1944 through 1953, it's actually 1952, just so the record is clear. With that, I'm happy to answer any questions. Any questions for Mr. Bernson? So the 53 and 54, those would remain. Those are owned by us, another another individual so that road will stay there So this will let it go back to the RMF 15 to be a little higher density It'll basically be the same density, but you don't have to worry with the platy deesments that run through the property and things of that nature Okay Any other questions Thank you. We'll open up public comment. Anyone who wishes to speak about this petition, please come forward. A motion we close public comment. Second. I have a motion second. Close public comment. All in favor say aye. Aye. Public comment time times closed. Any discussion on this petition? Then I'll entertain a motion. I'll make a motion a forward application PV-24-01 to the Board of County Commissioners with a recommendation of approval based on the findings and analysis and the staff memo dated July 25th 2024 Charlotte County's comprehensive plan and the evidence and testimony Senate at the public hearing for the planning and zoning board I second it I have a motion and a second any discussion discussion on the motion? All in favor, the motion say aye. Aye. Any opposed say nay. So that goes forward to the BCC with a recommendation for approval. Next item, please. Good afternoon for the record, Jay Schell, Community Development Department, and my planning expert qualification attached to staff report as Exhibit One. Zomoland partners, LLC, is requesting PD rezoning application PD-24-04. And these petitioning are scheduled to be presented to the Board of County commissioners for its adoption hearing on September 24, 2024. The request to rezoning is from residential state RE1 for about 34.1 acres and planned development PD for approximately 315 acres to PD in order to develop up to 1000 units. There's no change because there is original approved PD and also add a land use euclidancy matrix for mixture of residential and commercial development to establish the maximum given rights of 1,000 residential units with no commercial square footage, all a maximum of 100,000 square feet of commercial uses with 466 units. And also to require transfer of density units for residential development above the base density of 221 units. And also the applicants requesting to adopt the proposed general PD concept plan. And subject property located in commission district 2 Then notification of public hearings for this application was sent to the property owner and adjacent property owners within 1,000 feet Which you see on the screen and this is general location of subject property which is located in the South County area. And this is more closely looking for the subject property and subject property located to the South, East, Burman Road and North Zimmer Road. So I want to be aware, the applicant is also requesting a PD rezoning application which will locate directed to the south across the road to the south, which is shown on the screen. So while talking about the petition for the property is highlighted in yellow and there will be a next one, which is highlighted in red. So this is the subject property. And subject property contains four parcels. And the site contains approximately 349.1 acres. So on the screen, this is 2050 framework map. The entire site is designated as part of emerging neighborhood. And this is a as part of emerging neighborhood. And this is a 2030 future land use map. The subject property is designated as Bernstow Village residential. And this is a current zoning. The property, about 315 acres is zoned PD, planned department for 1000 units. And also there's other parcels, three parcels, Zoned RE1. And this is the proposed PD rezoning for the entire site. So I would like to provide a summary on February 22, 2022, the Board of Accounting Commissioners approved a large-scale plan amendment for actually about 315 acres of the subject property from Bernstow Village residential and Bernstow Limited Development to Bernstow Village residential. And with a notation to the county's future land use map to limiting the maximum development rights to 1,000 units. And also there was a companion PD rezoning to rezone 315 acres of the land from RE1 to PD. So, and also increase the density from the base is 31 units to 1000 units. So, since then, the African has bought two parcels, which is here, the two parcels located on Bernstler Road, and also one parcel is under the contract to purchase the false parcel. There have been one minor modification to the approved PD concept plan. So in order to amend the internal layout and traffic circulation, in order to accommodate the final wet end lines determined by the state agencies. So on March 28, 2023, the board approved an establishment of the Eagle Creek Community Devarm District. So, you all know the CDD. That means there were found construction and mentions of amenities, stormwater management system, on site, roads, landscaping and irrigation within the proposed development. So for this portion of the property, which is on the PD, it also has the CDD for this portion of the property. So August 1, 2023, the board also approved a TD application to transfer 187 units the portion of property, which is on the PD. And also January 23, 2024, the board approved the the portion of property which is zoned PD. And also on January 23rd, 2024, the board approved the Plymouth Plata application for residential subdivision to be named the file-light. File-light Phase 1 consists of 219 single-family loss and 23 tracks, which all that happened is to the southern portion of the subject property. So the applicant has submitted a final detailed site plan for the resident development to include 2020 units, which is the southern portion of the property. So that final detailed site plan is current still under review and a proposed general PD concept plan. on the review and the proposed General PD concept plan as part of these PD rezoning will keep this portion of the residential development unchanged. So, what they're doing this and they still have the track to do the final detailed site plan for the development. So that, like I mentioned, now the applicant, Zemel Land Partners, LSE has requesting this rezoning one change from PD and R&U1 to the PD. So, inSE, has requesting this reason only one change from PD and RUN1 to the PD. So in order to have, basically, they can have purely residential development so up to 1000 units. So basically they add additional 34 acres but the maximum difference rights, 1000 units, remain unchanged. All they add, they're also requesting to add land use e-currency matrix to, they can convert the residential to some commercial uses. So the proposed development will have an opportunity to provide single-family homes, town homes, and multi-family units in this area. And also potentially will have some commercial uses up to 100,000 square feet. So in addition the location of the proposed development is we need the boundary of the Bernstur area plan and is in an area targeted for increased development. So I just want more folks talking about they have portion of their proposal. They want to give the opportunity for some commercial development in the future. So the site is designated as Bernstow Village Residential. So Bernstow Village Residential Future and Enduse Map category allows that 10% of the subject property may be developed as commercial uses, but those are the PD-resonant process. So that's part of the request of today. So the applicant, like I mentioned, is proposing to add a new land use Echurinsium matrix to allow for increase or decrease the land use of retail and residential, so which will not increase the number of external peak hour trips. So the proposed land use e-crimacy matrix provides not only flexibility for development on the subject property, but also potentially some commercial uses to serve the proposed residential development and surrounding existing and future residents. So also I want to show you on the screen. I'll mention this is if this particular proof, so entire site will be on the PD. And this is the map to show the PD what's the existing, the different rights in this area. You can see these 315 acres of subject property they have approved ordinance for 1000 units and the cross street. They have the PD approved for 355 and also have other PD for residential and also have other residential for 999 units to the northeast of subject property and also there's Heritage Laney located across street to the west side. So you can see on this screen, so the proposed you can see the Bernstur area plant shows that existing greenways and wildlife corridor runs through the subject property. So this is the greenway and this is the wildlife corridor. So according to the proposed general PD concept plan and submit the emergency report, the applicant is proposing 17.94 acres for the wildlife corridor area, which is here. Sorry, I just put turns north to the west side. So actually this is the Bernstowe road and this is the Zimmer road. So this is the wildlife corridor. Oh, sorry. And also 2.03 acres for the Greenway corridor area. So therefore this staff professional opinion that the proposed development is consistent with specific Bernstowe- store flume policy 6.2.10 natural resource connections. This specific have a requirement for the proposed greenways and wildlife corridor. So due to the proposed configuration of lots and layout of the development, so the proposed development will also impact 1.54 acres of isolated wetland, which is less than 0.5 acres in size. However, the entire project is proposed to preserve approximately 43.04 acres of wetland and 8.78 acres of wetland buffer, which on 93% of the existing onsite wetland will be preserved. So therefore it is staffed professional opinion that the proposed changes a consistent with the county's comprehensive plan, various natural resource policies such as protection of species, preserve of habitat and also wetland protection and preservation. So the proposed maximum residential development will have approximately 2.86 units per acre. If they achieve the maximum 1,000 units, so which contain less density, then established residential neighborhood at five units per acre located to the west of side. They have existing residential neighborhood and the property located to the west of side. They have existing residential neighborhood and the property located to the east and north east, which will approve the for approximate 3.77 units per acre, which I mentioned this project here. And also the other approved residential development at 2.64 units per acre. So which proposed development is compatible with surrounding existing, actually have less density than 3.5 units per acre and 5 units per acre. So and also the proposed transportation condition I and M, are proposed by staff to address the traffic concurrency and safety concerns on Bernstor Road and Zemmow Road. So therefore, it is staff's professional opinion that proposed PD rezoning ways, condition A through X, a general consistent ways, all requirements and various goals objective and policy as establishing the county's comprehensive plan, the intent and the vision of the Bernstowe area plan, and the county code, county's code of laws and oneness and other applicable guidelines. So I'd be more than happy to answer any question and I believe the applicant agreed with all post PD conditions. Thank you. Thank you. Any questions for staff? Then we'll hear from the applicant representative. Robertson, big W law once again. I have been sworn. We accept Miss Shaw as an expert for this hearing. Basically what we've done is taken the original approval of a thousand units and added 34 acres, but not added any additional density to the site. So it's actually reducing the density overall. And then we have potential for a commercial area along Bernstor Road. We don't know whether we will or not, but the matrix allows us to go to the maximum thousand units of residential with no commercial. Go to the maximum commercial square footage with a reduced residential or some mix in between. So it allows for flexibility as the product develops and the market develops. As Michelle indicated, Mark Lyon is also pursuing the property immediately to the South, which is the next petition that you will hear today. What's nice about that, it's allowed for unified development between the two, although they're two separate PDs, they can be designed so that there's common intersection down on Zemel Road for better traffic management. We have our team engineer, our team traffic consultants as well if you have any specific questions, but we do accept all of the conditions is outlined in the PD and we thank Ms. Shaw. It's been a while to negotiate the entire development out, but we think this is a result. I'm happy to answer any questions. Thank you. Any questions for Mr. Berenson? We'll open up. This petition, please come forward. Good day. My name is Kathleen Sova and I live in Bernstor village, both of Zemel. And I have a couple of questions. Obviously there's a lot of wetlands back there. And as a current resident in Burns River Village, we have significant flooding still as we are building more homes in our development. So when the rains come, so do all of the frogs and tadpoles, etc. One of my questions is, are these single family homes or are they larger units? Anybody? The applicant's attorney can answer the questions after your finish. Okay, so that's one of my questions. Obviously you know at the end of Zemel in 41 there is the Charlotte County I redump okay and I also understand that on ZEML a couple of years ago, the Miranda Holmes received a permission to build another thousand homes. I think we really need to discuss and look at do we want to become another Cape Coral? And I think we need to look at the amount of traffic aside from the buildings that you're proposing on Zemmle. There is a lot of building down Bernstor Road that's already occurring with probably, I don't know how many homes, but a significant amount. So where does the wildlife go? When I first moved into Bernstore Village, we used to have the Stork, I don't remember the whole name, but then we have all of those beautiful sandpiper. We no longer have them. They're all gone. So, you know, maybe we're not too excited about having to take care of the wildlife, but I totally disagree that until we can figure out how the new developments on Bernstorre are going to affect us, how is the sewage going to be affected, all of those different things. And we're talking about thousands of homes. And then I don't want to be in a place where there's thousands of homes, first of all, and second of all, is it multi-family? I think that you really need to look at the flooding, the water. There's definitely a lot of water underground that nobody knows about. I had a pool put in and underneath my pool, the water came. There's all sorts of underwater water there. So I think that consideration on top of that there's tons of wetlands back there. I think that you can be professional, but I'm telling you as a non-professional and as a person that lives here. I don't think expanding again more development until all the empty ones are filled because they're not filled. They're all empty even in birch for a village. So that's my input. Next. Okay, this is the first time for me. So bear with me. I'm also from Birch store village. I live on a rural circle. I have a couple of pictures. I don't know if I can admit them to you guys or not. Your name please. Oh Richard Lincoln, I'm sorry. Do I have pictures that I can give to you guys? Give them to us. This is from three years ago. This is my front yard. I have a creek and there's a pipe that goes from this road to the ditch that is in the back of my house with a butt against a new development that we proposed. This is the creek here just before it crested in my yard this year. I have a pool, I spent $100,000 on. I had water come that close to interdating. This land behind me sets lower than my property. So if we raise it another three, four feet, which we normally do down here, how much more water is that gonna be in my yard? And if it goes across my yard, it floods the next four or five streets, no place to go. Thanks sir. And as the lady mentioned before me, Zemmler is a two-lane highway. It has to preserve across the street. Burtstur Road has to preserve. We put signs up. The animals did not read them sign jail. We have lost thousands of wildlife there. I got pictures at home. I couldn't get them pulled up ten foot alligator going across Semmel Road. I have family come down here. They say where do you want to go? What are you going to see? I want to see some alligators. Well we ain't going to see them on the Semmel Road not a two-lane highway because like I say with the new development they're going to be gone. To say it had grains as the lady said you just have hundreds of them. I get three in my yard a day now three. I mean I understand that we have to you know move on we have to build but we need to protect. We can't just keep putting you know signs outside and don't cross the road. It ain't gonna work. We got a two-lane highway. What happened when we get the next hurricane? I was without power for seven days. You know, how many people I see and come down my road? To see if we were okay? No. How many people live in my neighborhood? We've gained three to four hundred. But we haven't been upgraded nothing. We got ditches going down Zemmoo. I got a girl from networks that Charlotte correctional. Guess what? It takes her during the storm. It takes a long time to get there because of the traffic. So I think we need to put a stop to some of it or slow it down. And when I moved into my house four years ago, I moved from Cape Coral. You know why I moved from Cape Coral? Too much traffic. Too much crime. I moved to Pada Gorda. It's a small town. I used to live here back in the 70s. We didn't flood downtown Pada Gorda. I lived off of Marion Street. We flood now. You get a rain. I don't need to call anybody. Because I can't go downtown. I know I can't go downtown. I know I can't go downtown. We need to address some of the issues we have first. I ain't saying we gotta stop all the progress. Look at burnt story. They'll take it from a fork. It used to be a two-lane when I moved here. We're out of four-lane. 2050, there are two talking ads. It's gonna be a six lane. You going to Cape Carl, it's a two lane. It's an evacuation route also. They closed bridge at 40 miles an hour. So I can't go if I want them to. So I think like I said, you know, we sent it to a thousand people, saying okay, what do you think? The people in my neighborhood probably 60 of them are originally from here. Nobody knows what that neighborhood does. Why would you complain, hey, go and build behind me? I want wild life. Thank you. anyone else wish to speak and make a motion we close public comment. I have a motion second close public comment all in favor say I public comment. All in favor, say aye. I public comment, time is closed. Mr. Bernson. Just to address a couple of comments that were made. First of all, as I said at the beginning, we are adding 34 acres, but we are not adding any density to the site. So it's already approved for the thousand units on this site. We're actually reducing the overall density per acre based on adding additional acreage. There will be single family attached, detached, and town homes within the development. Jay, is it possible to go back where you had a further out aerial just for a second? second. Oh, they're not really aerials. Yeah, that kind of works. Yeah, that works. So, if you look up in the upper center where you have the Turn Bay development, you can see the amount of lakes within the development. That's what today's development standards are that provide place for storm water, and you go through the storm water permitting. You can see Bernstur Village to the south, which is just to the west of the second petition that we'll hear in the red. You can see how many lakes are in there in comparison. The drainage in an older community like that is going to be very different. So the new communities that will come in, our proposal is preserving 93% of the wetlands on site and we will have additional lakes for stormwater management. Again, we're not increasing the density over what's already been approved. And I think that really addresses the comments that were made. I'm happy to answer any questions you may have or bring up our experts if you need them. I do have a question. At what point do you make the determination as to whether you are going to have a commercial component or reduce your... As the development is occurring. As the development is long. It's not defined until the end, so to speak. In the middle kind of, you don't want to get to the end and then you didn't do one or the other. But yeah, as it develops. When we talk about the 100,000 square foot of commercial, what kind of acreage does that translate into? I know we go one for one, but in the square footage. But the site plan has what is the commercial area? So the commercial area is limited to where it says where it said are there. That's the commercial area there. Ish. Ish. 12.448. 12.448 or ish. So you have 12 acres where you put your 100,000 square foot. Correct. OK. It's not that it would just go anywhere on the plan. It would be limited to that area. OK. Any other questions from the board? Also, if I may. Yes. On this, they're also saying single-family detached, single-family attached villas and town homes are what the residential components are. As well, they're showing on here. And also the maximum height is 38, which is same as RSF 3.5. And also, like Rob mentioned, the maximum, the units will be 2.86 units per acre. It's less than already established the residential neighborhood there. It's 3.5 or 5 units per acre. Okay. Thank you. Any other questions from the board? Any other comments from the board? Any other comments from the board? Okay. I'll entertain a motion. I'll make a motion to forward application pd-24-04 to the Board of County Commissioners with a recommendation of approval with conditions A through X based on the findings and analysis and the staff report dated August 5, 2024, Charlotte County's comprehensive plan and the evidence and testimony presented at the public hearing before the planning and zoning board. I have a motion to the second in a comment on the motion. All in favor of the motion say aye. Any opposed say nay. So that goes forward to the BCC with a recommendation for approval. Excited please. Good afternoon again for the record, J. Schell, Community Development Department and my planning Expo qualification attached to staff report as Exhibit One. Zemolane Partners, LIC, is requesting petition PD-24-05. And this petition is scheduled to be presented to the Board of County Commissioner for its adoption hearing on September 24, 2024. So the requested rezoning is from residential state, RE1, for approximately 47.85 acres, and planned development PD for approximately 96.99 acres to PD. In order to have a residential development up to 273 units, a reduction of 86 resident units, and also to require transfer of density units for residential development above the base density of 14 units. And the applicant is also requesting to adopt a general PD concept plan and subject property located in commission district 2. And the notification of public hearings for this application was sent to the property owner and adjacent property owners within 1,000 feet of the subject property. You can see on the screen. And this is general location of the subject site, which is in the South County area. And you can see, like I mentioned, this is the African second petition, the rezoning petition, and the subject property, including multiple parcels, a generally located south of Demo Road and East of Bernstowe Road in the boundary of the Bernstowe area, and in the Pantagoda area. So the site contains approximately 144.84 acres. So this is 2050 for a more map. The entire site is designated as part of emerging neighborhood and this is 2030 future Nandes map. The subject property is designated as a versatile residential. And this is the existing zoning map, about 96 acres, the property is designated as PD, and the remaining is R&E. So, like I mentioned, this is all the surrounding you can see the PDs into the north and to the east, have established residential neighborhood to the west. So I also would like to give a history of this subject property as well. So actually in August 2010, the Board of County commissioners approved the rezoning for approximately 96.99 acres of the subject property from agriculture states to plan development in order to allow for residential development up to 355 units, including 180 multi-fam units and 175 single-fam units, and increased density and that time is from 9 units to 355 units. So since the board approved the PD in 2010, no density has been transferred to the subject property and no final details site plan has been submitted. So the PD concept plan original one expired August 18, 2011. So now the African Zemo Land Partners LLC who bought the portion of the sub-depropty with the PD and also the property to immediate to the East. They bought this property in 2023 and has requested only two PD in order to allow for resident development up to 273 units. Originally I can mention they have 355 approved PD and also the portion for RE, they have one unit per 10 acres. So they have the units, but now this proposal is reduced 86 units. The maximum density will be 273 units. So the base density as of today is 14 units because the whole site is 144 acres and having transferred density in the Bernster area. The base density is 1 unit per 10 acres. So they have 14 base density. So the transfer of 259 density units on the subject site is required in order to achieve the proposed maximum residence development up to 273 units. So, I also mentioned the subject property located on Zemel Road, which is one of the county's major roadways in South County area. So the proposed development will have a hammer opportunity to provide single-family homes and tongue-homes units in that area. So in addition, it's the same same location that proposed development is an area, historically increased the development, because it's part of Bernstoy area plan. So also, according to the proposed Jerem PD concept plan, which is shown on on the screen and also the submit in the emergency report. The subject probably contains approximately 54.96 acres of category one wet end. And a total of approximately 1.03 acres of unsighted wet end are proposed to be impact because they need to build a road go through that. So approximately 98 of the unsighted weapons will be protected and preserved in perpetuity. So go through a weapon management plan. So therefore it is steps professional pinning that this impact to the wetland and our country to the EMV policy, which is natural resource policy, 3.1.9 rows. So there is, you are allowed to potentially impact the roadway if you need the roadway cross for the development purposes. So the proposed maximum residential development will have approximately 1.88 units per acre acre which contains less density than the established residential neighborhood at 3.5 units per acre located to the west of the subject site and the property located to the north which will be 2.86 units per acre if the request is approved by the board and the property located to the east which was approved for resident development at 2.65 units per acre. So also there is a transportation PD condition K and L are proposed by staff to address the traffic concurrency and safety concerns for this proposed development. And I just wanted you to be aware, the proposed PD condition G sets a maximum building height for this development is 38 feet, same like a resident single family home for the maximum building height. So therefore it is staffed professional opinion that proposed PD rezoning with condition A through you is general consistent with all the requirement and goes object and policy as established in the county's comprehensive plan and the intent and vision of the Bernstur area plan and the county's code of laws and Onions and any other applicable guidelines so I believe the applicant agrees with all proposed PD conditions So I'd be more than happy to answer any questions you may have. Thank you Thank you any questions you may have. Thank you. Thank you. Any questions for staff? We'll listen to the applicant's representative, Mr. Benson. Promise this is my last time. Rob Benson, big W law. I have been sworn in, we accept Ms. Shaw as an expert. And again, this is a property that we are adding additional lands to, but in this case, we're actually reducing density by 86 units. What was approved previously allowed for 180 multifamily units and 175 single-family units. What we are proposing are single family attached, detached, and town homes that will be within the 38-foot height limit, which is the same as single family. So your project before would have had multi-family buildings that would likely have exceeded that height. Again, as I stated in the previous petition, we've designed this in recognition of what's occurring across the street so that you'll see the entrance to the east, we'll line up directly with the entrance to the east Shaw indicated out of the 54.96 acres of wetlands. We are only impacting 1.03 and that's because it's the only way to connect the road through that area. We hope to actually impact less than that, but that would be the worst case scenario, preserving 98% of the onsite wetlands. As you can see, there's a large preserve area that runs down through the middle of the project, and also on the southeast portion of the property. I'm happy to answer any questions. Rob, so you said they have to move most of the density units are going to have to move to this property. They will have to transfer density onto the property, yes. Any other questions from Mr. Bernstein? Thank you. We'll open up public comment. Anyone wish to speak about this petition please come forward. to Tolo and I live on Juarez Circle which is within this red circle. I'm here less than two years down here in Florida and I've been attending a lot of these meetings to see the development of this area. Some of it's very disturbing. Some of it we all understand. Okay so I don't want to cause problems, but I have to tell you, this area is directly behind our street. You want to put in tall buildings. I was under the impression that they even wanted to possibly put in four or five story apartments. I don't know how true that is. I wasn't sure what they were talking about. This land is very wet. It is wetlands. Yes, they're going to have to bring in an awful lot of dirt to fill in these wetlands. And I want you all to be prepared. You should walk around the area to see how wet it really is. This should not be developed this area. It's true, we have lost a lot of environmental animals. I am less sandhill cranes. They live in this area, the deer that passed through my house live in this area. You are going to displace everybody and I have not seen a bald eagle in over a year because of all the land that has been cleared down Bernstur road. I see it every day. I don't know if you folks travel that way. You gotta see what's happening and I have to assume you guys all approved it at one point or another. So I am, we're all very upset that this land is being built on. I understand you're bringing in 10,000 homes. I was told that a year ago. Okay, you have to bring in these homes. Certain areas should not be developed. And as for bringing in commercial down Zemel Road, just because this, the land filled down at the end of the road is no reason to bring in commercial in a residential area, which is what you're doing to Zemel Road. Bring in the homes. Don't bring in commercial products. I've been traveling, being new here, I've been traveling down Cape Coral. Cape Coral has apartment buildings right next to homes. They have condos right next to homes. They are, it's a huge city. Please do not do that to Punta Gorda. Punta Gorda is the top 10th city to retire in and you are ruining it. If you continue to bring in commercial products and you destroy all the land. Bring in the commercial products along 41. There's plenty of room along 41. Bring it down where there are no homes. People between Cape Coral and Pentegrin down by Bernstur Road, where it meets up with Lee County. Plenty of land, people would appreciate a little store, gas station, whatever you want to bring in there. We would appreciate it if you would listen to us, your constituents. We're the ones that put you into office, please work for us. Thank you. Annemation, we close public comment. Second. I have a motion in second. Close public comment. All in favor say a motion in second. Close public comment. All in favor say aye. Aye. Public comment time is close. Jay, could I ask you, would you put up the site plan that was produced by Kim Lee Horn? It's in color. I think it's page 50 in the package. It shows all the wetlands that are being set aside for the project. And that's what I think. I think it illustrates. It shows all the wetlands that are being set aside for the project and that sort of thing. I think it illustrates. It's not part of PowerPoint that I needed to see the package. I can show you the package because we've posted. Let me just think. I think it just illustrates the issue a lot better than our parking light. Well she's bringing that up just briefly. Again, on this particular site we are not proposing any commercial. What was previously approved was for multi-family that would have exceeded most likely the 38-foot height limit. In this project, we are proposing only single-family attached and detached in town homes. And the maximum height can be 38 feet, which is the same as a single family residential development. We're reducing the overall density by 86 units. We're preserving 98% of the wetlands on site and it's already been approved at a higher density. So I think that addresses all of the comments that were made. We respectfully request your approval, recommendation of approval. Did you have a specific question on here? I just wanted to bring that up on screen for the purpose of the audience so they can see what wetlands are being set aside in the development and that it's not being filled over to bring all of these units into the project. But there's a lot of wetlands set aside as long as well as retention ponds and that's what I think. So I just thought that that illustrated it a lot better than just a black and white survey that was up on the street. I appreciate it. Thank you. Thank you. The questions or comments from the board? I'll entertain a motion. Mr. Chairman, I'll make a motion. Please. I'll make a motion to forward application PD-24-05 to the Board of County Commissioners with a recommendation of approval with conditions A through U based on the findings and analysis in the staff report dated July 28, 2024. Charlotte County's comprehensive plan and the evidence and testimony presented at the public hearing by the Planning and Zoning Board. Second. I have a motion to do the second. Any discussion on the motion? by the planning and zoning board. Second. I have a motion in a second. Any discussion on the motion? All the favor of the motion say aye. Aye. Aye, any opposed say nay. So that goes forward to the BCC with a recommendation of approval. Next item, please. Good afternoon again for the record, J. Shell Community Development Department. And my planning expert qualification has hatched to staff report as exhibit one. CC Bernstow LLC is requesting petition PD-24-07 and the BCC adoption hearing for this item is scheduled for September 24, 2024. The request is only from PD, Plan Development to PD. This is a major modification of the existing PD, on its number 2021-031 and 2007-037 by amending the adopted PD concept plan and it's associated PD conditions. To allow residential and commercial development, consistent up to 999 units, no change and 200,000 square feet of commercial users, no change. change and allow a transfer of 268 units for a maximum of 999 units and it's hard time to memorialize the prior phase and other minor modification to the PD and also the applicant is requesting to adopt a revised general PD concept plan and the subject property is located in commission district two. And the notification of public hearings for these application was sent to the property owner and the adjacent property owners within 1,000 feet of the subject property. And this is general location of subject property which is located in South County area. And you can see this is the more closer looking of the area of the subject property, subject property includes three parcels which is located to the east side of Bernstowe Road in the Pantagoda area and within the boundary of the Bernstowe area plan and the site contains a total of 306.51 acres. And this is a 2050 framework map, entire site designated as part of emerging neighborhood. And this is a 2030 feature-nating map and the subject probably designated as Bernstow-Vellage residential. And this is zoning, decided to clean the zone PD. So I would like to provide there is a little more history of this subject property. So started on May 15, 2007, the Board of County Commissioners approved the PD rezoning for the subject property from agriculture state to PD for approximate that time 330 acres, which allows for combination Samsung residential commercial, including a maximum of 999 units and a maximum intensity of 200,000 square feet of commercial. And since the original approval in 2007, no dance there was transferred down to a subject property and no final detail plan was submitted since 2007. But so under the old section 3-9, actually called 49, the PD code, the PD concept plan would expire from one year, from the day the board adoption. So therefore, the original PD concept plan for the subject property expired in May, 2008. So after that, the subject property was reduced in size from approximately 330 acres to 306.151 acres as result of taking associated with the Bernstow Road widening project. So on July 27, 2021, the board adopted ordinance to extend the PD concept plan for 10 years and also approve, authorize the only official to approve the minor modification to PD concept plan because caused by the taking of the portion of subject property for the Bernstur road winding project, because they need to adjust their project entrance. So there have been three approved minor modifications to the PD concept plan, such as relocation of the recreational area and shifting the proposed internal roadways. So on October 25th, 2022, the board approved an ordinance in terms of the public health and residential subdivision to be named colleagues consisting of 496 single-family loss, both attached, detached, and 27 tracks. That's all happening to the north, north portion of the subject property. So on December 2012, 23 last year, the board approved a final detailed site plan for colleagues. Phase one consists of 496 single family homes, amenity area and associated infrastructure. Actually, that happened to the northern portion of the property. So July 23, just last month, the Board approved final plans for these colleagues. Phase one,A subdivision. So now the African CC Bernstoy LC has requested this rezoning from PD to PD in order to achieve to make sure allow the same maximum residential demomorize of 999 units and also 20,000 square feet of commercial. And also try to document the, there have been three minor modifications to the site. So now I want to talk about on screen. This is the proposed PD concept plan, lay with the area. And there is also the proposed blue way, a flow way, sorry, a couple with flow, it goes through the subject property. So then on the screen, this is a proposed general PD concept plan. So you can see this area for the commercial users and also this area for the mix of commercial residential users and the rest portion for residential. And actually there is phase one final plan to prove for the front portion. Sorry. Now I would talk about a little bit about the base density. So on July 21, 2021, the board approved resolution to transfer three units to the site. Like I mentioned before, original approved PD contained 330 acres, which the base density one unit per ten acres have 33 units. And then because of Bernstone Whitening Project, the acreage was reduced, have only 306 acres. So the density, base density, will be 30. But they have the PD Odin and said the base density is 33. So that's why they transfer three units to achieve that Odin said 33 base density. Also on July 27, 2022, the board approved the two resolutions to transfer total of 690 units on the site. So as of today, a maximum of 731 units can be built on subject property. So a transfer of 268 additional density units required to achieve the maximum residential density of 999 units. So the proposed development same way I have the opportunity to provide single-family homes, more than family units in the area, and also commercial uses up to 200,000 square feet. So the requests were not increased. The previous approved the residential and commercial development rights. So the applicant is also proposing to preserve the majority of the proposed wetland on the site. So the majority of the onsite wetland will be preserved and protected by submitted native Habitat Management Plan. So the new PD conditions listed all permitted the residential and commercial uses to make sure there is only commercial general uses will be permitted for this area and also commercial neighborhood uses. Specific uses can be built on this specific site to serve the future residents in that neighborhood. And also the PD condition is established, the Habit and Management Plan to be implemented to make sure that on site of what and identify as preserved area, can see all preserved area, shall be restored and preserved. So also there is a transmission condition. It's also proposed to address traffic concurrency and safety concerns on Bernstel Road and also PD condition F regarding the archeological site is amended to make sure that three potential sites shall be preserved. Actually, the sites are located in the preserved area. So it is staffed professional pinning the proposed PD rezoning, which is a major modification to existing PD with conditioning A through P, a general consistent with the county's comprehensive plan and the vision and intent of the Bernsturter area plan with the county's comprehensive plan and the vision and intent of the Bernstoy area plan and the county's code of loss and ordinance and any other applicable guidelines so I'd be more than happy to answer any questions you may have thank you Thank you any questions for staff So we'll have presentation by the applicants representative, Mr. Mooney. Oh, nothing major. Derek Rooney, Gray Rob, and sit on behalf of the applicant, C.C. Bernstor, LLC. I know that's a lot. There's a very big packet. I mean, so shorthand is, we accept J. Shao as an expert, agreeing the recommendation. One PD, expired, renewed, three minor mods, one major mod. First phase is, got received final plat. The second phase is really the part that we're dealing with today. Based on that plat layout, if I can find even fine 268 TDUs at this point, it looks like we'll probably come in a development at 844 units. So even though we're retaining the existing commercial uses and the maximum 999 density, as you see from the layout in front of you, there should be another plot of phase development plan within your packet shows that it's probably going to be a little bit less than that. And I have, if you have any questions, the man who drew all the pretty pictures is in the back there. Okay. Any questions from Mr. Rudy? We'll open up public comment. Anyone wish to speak about this petition? Please come forward. Make a motion we close public comment second have motion second close public comment all in favor say aye I I public comment times close Any comments or questions from the board. So I'll entertain a motion. I'll make a motion to board application PD24-07 to the Board of County Commissioners with a recommendation of approval with conditions A through P based on the findings and analysis in the staff report dated August 1, 2024. Charlotte County's comprehensive plan and the evidence and testimony presented at the public hearing before the planning and zoning board. I have a motion in a second. Any discussion on the motion? All the favor of the motion say aye. Aye. Any opposed? Say nay. That goes forward to the BCC with a recommendation for approval. Next item please. Last one would be an easy one. So good afternoon again for the record. Jay Shao, committee department and my planning expert qualification is attached to staff report as the exact one. The applicant, the property owner, palm breeze of Pantagoda LLC, is requesting partition PD-24-06 and the BCC adoption hearing for this item is scheduled for September 24, 2024. The request to rezoning is from PD planned development to PD. This is a major modification of the existing PD, onens number 22-057 by amending adopted PD condition V and adopted general PD concept plan in order to remove internal sidewalks along or internal roadways except for the main quarter as dispecked in the revised general PD concept plan. And the Africans are also requesting to adopt the revised general PD concept plan and subject properties located in commission district one. So the notification of public hearings was sent to the property owners and Jason property owners within 1,000 feet of the subject property and this is general location of the subject property which is located in the east county area So you can see this is subject property actually under construction and the site is located on the northwest side of Duncan Road in the Pantacola area and with East County area, the subject property contains approximately 90.82 acres. And this is a 2050 framework map. The site is designated as part of emerging neighborhood. And this is a 2030 feature and use map. The site is designated as Low-density residential. Of course, the site is on the PD. So because they actually have a long history for this subject property, but I only want to give you a very brief one. applicants are proposing to construct a sidewalk with minimum ways of five feet along at least one side of The major of the main quarter between the project entering and it goes to You can see the sidewalk and it goes to the Amending area so such a sidewalk will be connected to the existing sidewalk system on Duncan Road. So that's why they tried to revise the PD condition because you can see on the screen, this is adopt PD condition. I use strikes online. So originally they are required to build a sidewalk without the subject site with a minimum of five feet along at least one side of internal roadways. So they are asking to remove that. The only one built the sidewalk at five feet along one side on the one side of the main corridor. So we should connect it to the entryways and go to the amenity area. So, and also according to the application, the applicant is proposing to limit the speed, limit from 25 miles per hour to 30 miles per hour and install speed, limit signs at appropriate locations throughout the internal roadway network to limit any impact on residents' safety. So we reviewed this project and the proposed RV resort was still provided the walkability within this development because for the main corridor they still provide sidewalk on the main corridor. So it is staff's professional opinion that the proposed change in our country to the county's comprehensive plan specifically regarding the encouraging of the creation of walkable neighborhood because they're still doing that for the main road. Just the internal roadways still will remove the sidewalk requirement. So I'd be more than happy to answer any question you may have. Thank you. Thank you. Any questions for staff? Mr. Rudy for the applicant. Derek Rudy, great round of sentence. And again, for the applicant, Palm Breeze. Is it OK if I stay for the election? I want to see what the results are. You know, this is election season. So I really want to, sorry, could help myself. This one is pretty straightforward. This project was originally planned out when the original planned development moved forward as a single family residences and in a single family residence the sidewalk requirement makes absolute sense. You're going to have kids, you have people walking their dogs by themselves. But as the project morphed into RVs and moved towards market, it was determined that the nature of kind of the RV communities, especially if you've seen a lot of them in the area, is a little more social, more socializing, a lot of golf carts. And so what we determined was that we'd like to see just the sidewalk requirement on the main corridors where it's more of a safety concern and then the rest of the community we expect sort of the image of the five people, neighbors all walking abreast talking their dogs that just isn't going to fit on a five-foot sidewalk. So it seems like a lot to go through a major mod for but you know it was one of those carrier conditions that came over all the way through the PD. So, we're open for your support and recommendation to remove that. Thank you. Thank you. Any questions from Mr. Rooney? We'll open up public comment. Anyone wish to speak about this petition? Please come forward. Considering everybody's gone, I would make a motion that we close public comment. Second. I have a motion to second to close public comment. All in favor say aye. Aye. Public comment is closed. Any questions or discussions? That amongst the board. Mr. Chairman, I'd like to make a motion. Please. I'm motion of forward application PD-24-06 to the Board of County Commissioners with the recommendation of approval based on findings and analysis in the staff report dated July 28th, 2024. Shall the county's comprehensive plan and the evidence and testimony presented at the public hearing before the planning and zoning board? Seconded. I have a motion to the second. Any discussion on the motion? All in favor of the motion say aye. Aye. Any opposed say nay. Motion carries forward to the BCC. That concludes the petition portions. One last item is the election for our vice chair. So I'll look for a nomination, thank you. Mr. Chairman. Yes. I'd like to make a motion to nominate Mr. Baker to assume the position that's available. To the vice chair position, I'll second the motion. Any other to put forward? Will you accept? I will. Okay. All in favor of Mr. Baker being Vice Chair, say aye. Aye. Any opposed? Say nay. Welcome as the Vice Chair. Thank you. Okay. Any announcements from staff for our attorneys? Nothing from us today. Thank you. Just want to say we appreciate the fact that you come and serve the community this way. It's important. Thank you. We can play with our agenda. We are done. We are dismissed. Thank you. you Thank you.