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DSAC LDR Subcommittee Minutes 07/31/2013 2013 DSAC Land Development Review Subcommittee Minutes July 31 , 2013 July 31, 2013 FILED #43 �111kay, FLORIDA MINUTES OF THE MEW*M1bf37FM 9; 42 LAND DEVELOPMENT REGULATIONS SUBCOMMITTEE OF THE CLERK OF COURTS DEVELOPMENT SERVICES ADVISORY COMMITTEE RY_ p r Naples, Florida July 31, 2013 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 3:00 PM in SUBCOMMITTEE SESSION, in Room 609/610," Growth Management Division, Planning & Regulation Office, at 2800 North Horseshoe Drive, Naples, Florida, with the following Members present: DSAC /LDR Members: Clay Brooker Alexis Crespo Robert Mulhere STAFF: Caroline Cilek, M.S., Senior Planner Ellen Summers, Planning Technician Heidi Ashton - Cicko, Esq., Assistant County Attorney July 31, 2013 CALL TO ORDER: Chairman Clay Brooker called Meeting #5 to order at 3:02 PM. ATTENDEES: • Bill Schreck — Collier Building Industry Association ( "CBIA ") • Don Amico — Agnoli, Barber & Brundage, Inc. PURPOSE: • Review of the Administrative Code and Corresponding LDC Amendments. AGENDA: 1. Review of 10.02.03 F — Site Plan with Deviations (new LDC Amendment) 2. Review of corresponding sections of the Administrative Code 3. Recommendations to be presented to DSAC on September 4, 2013 1. SECTION 10.02.03 F- SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT PROJECTS: Q. "Is the term, "Redevelopment," defined anywhere? Caroline Cilek referred to Lines 11 and 12: "For the purposes of this section, "Redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure or required infrastructure, in whole or in part, where the existing building, structure, or infrastructure were legally built and installed." Clay Brooker suggested: • Page 1, Line 5: Add "the passing of ' following the word, when. Mr. Brooker expressed concern that the definition may be subject to abuse. He cited an example of a structure that was legal when originally built but was torn down to the point where only a brick remained — you could then apply for a deviation. Robert Mulhere asked if someone would be allowed to request a deviation in a redevelopment scenario on a site that conforms to the minimum standards of the district and should be able to meet the requirements of the Code. He suggested retaining the definition as is to keep it as flexible as possible and "tweaking" it later if necessary. Caroline Cilek clarified that some part of the site must be non - conforming and not able to meet the minimum requirements in order to request a deviation. Robert Mulhere noted there were two issues: (1) Non - conformities which could reduce the likelihood of redevelopment; and (2) providing a positive environment for the redevelopment of existing structures. July 31, 2013 Robert Mulhere cautioned since the term of "Redevelopment" was loosely defined, there was a possibility that any type of redevelopment could apply for deviations. He stated the only "stop gap" was the criteria, i.e., is there a legitimate basis for requesting a deviation. Caroline Cilek stated the ultimate standard will be whether or not the proposed redevelopment was equal to or better than the existing structure. Assistant County Attorney Heidi Ashton -Cicko noted the deviations would apply to dimensional and also to architectural. It would not apply to Health/Safety /Welfare issues. Mr. Mulhere suggested: • Line 4: Add "or numerical" following the word, dimensional Ms. Cilek clarified the Amendment applies to SDPs, SDPAs, and SIPS. Attorney Ashton -Cicko confirmed a change in use was not contemplated. Mr. Mulhere suggested adding the phrase, "and redevelopment permitted within a CRA" to the end of the definition of "Redevelopment" (at Line 15). Clay Brooker noted that on Page 2 at Line 4, "accessory uses" was not included. He stated the County's zoning districts allow permitted accessory and conditional uses. Attorney Ashton -Cicko stated a clarification was not necessary. Additional suggestions from the subcommittee included: • Page 1, Line 46: Add "days" following the number, 30 • Page 2, Line 27: Add "reasonable" before the word, enhancements • Page 2, Line 28: Add "if appropriate and possible" at the end of the sentence • Page 2, Line 36: Delete "consist of a" following the word, not • Page 2, Line 36: Delete "reduction of following the word, further • Page 2, Line 36: Add "reduce" following the word, further, i.e., " ... do not further reduce the ...." Caroline Cilek stated the revised draft will be available on the Administrative Code website. She confirmed a presentation would be made to the CCPC on August 151n 2. ADMINISTRATIVE CODE SECTIONS: Caroline Cilek outlined the process: • Submit a SDP application to Staff, • Submit a separate application requesting deviations for redevelopment; • Staff will review the documents and prepare a recommendation staff report/memo; • The documents will be provided to the Hearing Examiner; • The Hearing Examiner will review the request for deviations at a scheduled date; • Following approval of the deviations request, the documents will be returned to Staff; July 31, 2013 • Staff will approve the SDP. Robert Where stated "legal non - conforming structures" is a narrowly defined term. There are many nonconformities that do not relate to structures, i.e., parking, landscaping, etc., and will probably be the primary source of deviations. Clay Brooker noted there are non - conforming lots, non - conforming uses, and non- conforming structures. Caroline Cilek stated how nonconformities fit into the dimensional /architectural standards in the purpose and standards section. 3. RECOMMENDATIONS TO BE PRESENTED TO DSAC: SEPTEMBER 4, 2013 Recommendation to replace #2: The Hearing Examiner may call and question witnesses as he or she deems necessary and appropriate. Otherwise only parties are permitted to question witnesses and public participants. For purposes of cross - examination questioning shall be confined as closely as possible to the scope of direct testimony. Hearing Examiner shall decide all questions of procedure and may raise questions or provide comments at any time during the hearing." Under Administrative Code: Page 203: • Application Contents: A Site Plan with Deviations application must include the following, in addition to the Application Contents and Requirements for either an SDP, SDP -A, or SIP as applicable. • Replace "File" size with sheet size Under the "Notice" section (Page 204): • Bob Where suggested adding the following: "The Notice shall include a description of the requested deviations as well as a drawing, if applicable." Site Plan with Deviations Recommendations: • 10.02.03 F.1: To add numeral to the deviations under purpose. "dimensional and numerical deviations..." • 10.02.03 F.1: "when the passing of the time has rendered certain..." • 10.02.03 F.1: "clearly delineated and justified in the petition." • 10.02.03 F.8.a: "consistent with the permitted principal and accessory uses and approved conditional uses..." • 10.02.03 F4.a: Identify that public health, safely, welfare, shall not be impacted. To be added at the end of the provision. • 10.02.03 F.7.b., Line 46:Typo, add days after 30, line 46 (Robert Mulhere left @ 4:11 PM.) • 10.02.03 F.8: "The petition shall be reviewed for consistency with the following standards, as applicable." 4 July 31, 2013 • 10.02.03 F.8.c: Look into the language County plans and planning policies. Be specific. • 10.02.03 F.1:Identify in the Purpose section that nonconformities that are site related, may seek deviations o Line 6 "site- related features" • 10.02.03 F.81: Change to "Reasonable enhancements shall be provided if appropriate and possible to offset the deviation" • 10.02.03 F.10: "... do not further reduce the dimensional and numerical standards by more than 10 %." Clay Brooker moved to approve the recommendations as outlined above. Second by Alexis Crespo. Carried unanimously, 2 — 0. There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 4:30 PM. DSAC - LAND DEVELOPMENT REGULATIONS SUBCOMMITTEE 4,4 e-'X� CLAY BROOKA, CHAIRMAN The Minutes were a roved by the Board /Committee on q14 , 2013 "as submitted' ] OR "as amended" ".