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DSAC LDR Subcommittee Minutes 03/19/2013 2013 DSAC Land Development Review Subcommittee Minutes March 19 , 2013 March 19,2013 MINUTES OF THE MEETING OF THE LAND DEVELOPMENT REGULATIONS SUBCOMMITTEE OF THE DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida D March 19, 2013 M APR ] p 2U 13 BY: LET IT BE REMEMBERED, that the Land Development Regulations Subcommittee of the Collier County Development Services Advisory Committee, having conducted business herein, met on this date at 8:30 AM in SUBCOMMITTEE SESSION, in Conference Room "C," Growth Management Division, Planning & Regulation Office, at 2800 North Horseshoe Drive, Naples, Florida, with the following Members present: CHAIRMAN: Stan Chrzanowski District 1 Clay Brooker District 2 Dalas Disney District 3 ___ David Dunnavant District 4 Blair Foley District 5 Robert Mulhere Excused: Chris Mitchell Misc.Corres: Date: STAFF PRESENT: item#: Jack McKenna— Collier County Engineer Allison Bradford—Assistant County Engineer Copies to Caroline Cilek, M.S., Senior Planner—LDC Coordinator March 19,2013 CALL TO ORDER: Chairman Stan Chzranowski called the meeting to order at 8:35 AM. A quorum was established; six members were present. II. UPDATE: MEETING WITH COMMISSIONER HILLER Chairman Stan Chzranowski: • County Engineer Jack McKenna, Christian Andrea and Chairman Chzranowski met with Commissioner Georgia Hiller • History: Commissioner Hiller was the driving force behind the initial Ordinance which was meant to regulate the construction of"mega-houses." It morphed into a drainage ordinance meant to stop drainage of run-off onto adjacent properties due to excessive impervious area. • Opinion: The Ordinance is unfair to the owners of larger lots • Purpose: To gauge her support, if any, for the proposed revised Ordinance • There was more resistance than anticipated o The Commissioner expressed valid points but did not consider the issue of personal property rights in addition to drainage issues • Commissioner Hiller stated she would like to meet with the full Subcommittee Chairman Chzranowski noted while Commissioner Hiller's District(#2) is affected, it is not to the degree that impacts Commissioner Tim Nance's District(#5). The Sub- committee had not yet contacted Commissioner Nance. Jack McKenna: • The original purpose of the Ordinance was to monitor building sizes within Collier County. • Commissioner Hiller expressed concern regarding properties that bordered sea walls. o Mr. McKenna's proposed change: if a home bordered a water body,there was little likelihood that any run off/drainage would affect adjoining properties • The Commissioner also expressed concern regarding water quality, i.e., run-off from patios draining into the bay. o South Florida Water Management District regulations as well as the DEP consider run-off from roofs and patios as "clean" and not needing treatment. • Mr. McKenna noted, in the Pine Ridge area, there is a relationship between the infrastructure in place and"capacity" of one of the lakes. There is also an infrastructure concern for Golden Gate Estates. • The canal systems in the Estates will flood if a big storm event occurs. • He concurred with Mr. Chzranowski that to penalize future development due to past development issues and limited infrastructure is not fair. • He stated it would be a challenge to find a compromise that would satisfy all concerns. • There is a need to continue to allow development within Collier County. 2 March 19,2013 During the last DSAC meeting, it was determined that the Subcommittee should to meet first and then invite the Commissioner to attend a subsequent Subcommittee meeting. Caroline Cilek noted preparation was necessary, i.e., to decide in advance the subjects to be discussed and to present different levels ("back up"plans). Clay Brooker noted the proposal presented during the DSAC meeting would impact the Pine Ridge Estate-sized lots little more than the current regulations. Chairman Chzranowski confirmed the proposed changes would "loosen"the standards for lots greater than one acre. Jack McKenna cited an example of an individual who tried to build a large house in Pine Ridge on a lake. It was suggested that if a house was built next to a body of water, the body of water would receive run-off and should not be held to the same standards since neighboring properties would not be flooded. A retention/detention area could be built to ensure that water was held back. In the Estates, the parcels average 2.5 acres and no one is subject to run-off flooding. Clay Brooker asked if the Commissioner was concerned that if the standards were relaxed, larger houses could be built in the Pine Ridge area which would result in more flooding. Mr. McKenna confirmed the Commissioner stated the only area where she might consider changing the Code would be in Golden Gate Estates. She did not see any reason to change the Codes for the western portion of the County. In her opinion, stilt houses were the preferred method of construction in the Golden Gate area. Chairman Chrzanowski pointed out there are approximately 30,000 lots (300 lots per square mile) in Golden Gate and it is approximately 50%built-out. A substantial portion of the County's population will be affected by the Ordinance and new construction will be penalized. He noted larger homes could be built provided retention was also built to prevent damaging the system. He suggested extending invitations to both Commissioner Hiller and Commissioner Nance to attend a DSAC meeting. Dalas Disney noted the suggestion made during the last DSAC meeting was to schedule a Workshop with the entire Board of County Commissioners. Mr. Disney stated he built 14,000 square feet of water retention into his lot in the Estates to avoid problems with the current Ordinance or any changes in the future, and noted the cost was "substantial." It was noted the "retention"was not limited to building a pond—the most typical were dry retention areas. 3 March 19, 2013 Blair Foley noted the lack of follow-up regarding single family homes to determine if the designed retention area were really effective, i.e., were the designs providing protection. Robert Mulhere suggested creating a PowerPoint presentation to cover the basic elements such as what were the suggested revisions,the reasons for the revisions, and to address objections. He explained the basis for the revisions was not to cause harm to Collier County but to create a fair playing field. There were unintended consequences due to the current Ordinance, i.e., the larger lots were mor severely affected than the smaller lots. The larger lots, with a greater surface area, should have a greater ability to handle larger impervious areas. Chairman Chzranowski noted larger lots develop only a smaller overall percentage of the lot than smaller lots. Applying the same percentage to all lots would be fair. Clay Brooker noted there could be challenges under the "Bert Harris Private Property Protection Act" claiming the difference in market value was more of a burden to the owner of a larger lot. He agreed the current Ordinance treats people unfairly. Dalas Disney was concerned that the Commissioner supported construction of stilt houses in the Estates. He stated the construction costs would be more expensive, less safe in a hurricane environment, and inappropriate. Chairman Chzranowski explained less fill was required. David Dunnavant pointed out people buy larger lots not necessarily to build a mega- home but for the increased impervious area, i.e., for driveways,pools,tennis courts, barns, equipment shed, etc. The revisions do not promote building mega-homes but related to the use of the lot in a fair and equitable manner. The current Ordinance reduces the percentage of the use of the lot to minimal value. Jack McKenna provided an overview of the changes to FEMA regulations regarding flood plain elevation. He proposed to evaluate the amount of fill allowed per acre for 0.1 foot of impact, etc., to determine the amount of cubic yards per acre. Codes will be revised to establish the amount of fill and mandate the BFE ("Base Flood Elevation") for new construction in the future. Clay Brooker suggested the PowerPoint presentation include charts to compare current regulations versus proposed revisions and demonstrate the different inequities for a small, medium, and larger lot by keeping percentages. Jack McKenna suggested including lots that border tidal water bodies. Caroline Cilek asked if there were any figures were available concerning the extra burden of providing retention to include in the presentation. Chairman Chzranowski stated basic percentages were available but a dollar amount had not been determined. Bob Mulhere suggested subtracting the percentage of the lot that could no longer be used from the appraised value of the land. 4 March 19,2013 Caroline Cilek pointed out land owners in the County may be affected and it would be prudent to develop a complete methodology and the reasons why the changes have been suggested. She reiterated since the Amendment was not a staff-sponsored Amendment, the Subcommittee must provide the answers. It was suggested to illustrate the differences for 1, 2, 5, and 10-acre parcels. Ms. Cilek volunteered to assist Stan with the presentation. She asked if the priority was the larger lots and, if so, did it include the R-1 lots in Pine Ridge—or Estates lots only. She suggested adjusting the larger acreage lots, referenced revised Table 6.05.01 F., and noted the impervious area of small lots had been changed to accommodate swimming pools. Drafts of the presentation will be distributed to the members following the next DSAC meeting. Chairman Chzranowski volunteered to assist with the preparation of the presentation. Consensus: Chairman Chzranowski will contact Commissioners Nance to update him. Invitations to attend the next Subcommittee meeting will be issued to all Commissioners. There being no further business for the good of the County,the meeting was adjourned by order of the Chairman at 9:45 AM. DSAC—LAND DEVELOPMENT REGU ION. :COMMITT .E Stan "zranows/Chairman The Minutes were approved by the Board/Committee on , 2013 "as presented" [ ] OR "as amended" [_]. 5