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DSAC Minutes 10/01/2014 Development Services Advisory Committee Minutes October 1 , 2014 October 1, 2014 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, October 1, 2014 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Division Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian (Excused) Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker Dalas Disney Chris Mitchell Robert Mulhere Mario Valle (Absent) Stan Chrzanowski Eleanor Taft Norman Gentry Marco Espinar Ron Waldrop Laura Spurgeon DeJohn (Excused) ALSO PRESENT: Jamie French, Deputy Administrator, Operations & Regulatory Man. Judy Puig, Operations Analyst, Staff Liaison Reed Jarvi, Manager, Transportation Planning Tom Chmelik, Public Utilities Caroline Cilek, M.S., Senior Planner, LDC Coordinator Jeff Wright, Director, Code Enforcement Rich Long, Plans Review and Inspection Manager Claudine Auclair, Business Center Manager 1 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA October 1, 2014 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During discussion,Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order,and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order-Chairman II, Approval of Agenda III. Approval of Minutes from September 3, 2014 IV. Public Speakers V. Staff Announcements/Updates A. Code Enforcement Department update—[Jeff Wright] B. Public Utilities Division update—[Nathan Beals or Tom Chmelik] C. Growth Management Division/Transportation Engineering and/or Planning—[Reed Jarvi and/or Jay Ahmed] D. County Fire Review update—[Sher Hingson and/or Shawn Hanson] E. North Naples Fire Review update—[Eloy Ricardo] F. Growth Management Division/Planning &Regulation update—[Jamie French] VI. New Business A. Building Permit application, new revision form, and Subcontractor Affidavit[Claudine Auclair] B. Review of three Out of Cycle LDC Amendments [Caroline Cilek] VII. Old Business VIII. Committee Member Comments IX. Adjourn Next Meeting Dates November 5,2014 GMD Conference Room 610—3:00 pm December 3, 2014 GMD Conference Room 610—3:00 pm 2015: January 7,2015 GMD Conference Room 610--3:00 pm February 4, 2015 GMD Conference Room 610—3:00 pm October 1, 2014 I. Call to Order- Chairman Vice Chairman Foley called the meeting to order at 3:02pm II. Approval of Agenda Mr. Espinar moved to approve the Agenda subject to adding Item VILA —Floodplain Management Update. Second by Mr. Disney. Carried unanimously 9-0. III. Approval of Minutes from September 3,2014 Meeting Mr. Disney moved to approve the minutes of the September 3, 2014 meeting as presented. Second by Ms. Taft. Carried unanimously 9- 0. IV. Public Speakers None V. Staff Announcements/Updates A. Code Enforcement Department update-- [Jeff Wright] Mr. Wright provided the report"Collier County Code Enforcement Department Blight Prevention Program - Cumulative Code Enforcement statistics- 11/2008—9/21/14" for information purposes. He noted the report incorporates additional statistics and year to year comparisons of the data. The greatest increase in activity for the Department over the past year is cases related to "Snipe Signs." Mr. Gentry arrived at 3:11pm B. Public Utilities Division update— [Nathan Beals or Tom Chmelik] Mr. Chmelik delivered a read ahead for proposed revisions to the Collier County Utility Standards Manual. The information included the document"Table of Revisions" and a copy of the proposed revisions to the Standards Manual. The item will be discussed at the next meeting. Mr. Mitchell arrived at 3:20pm C. Growth Management Division/Transportation Engineering and/or Planning— [Jay Ahmad and/or Reed Jarvi] Mr. Jarvi reported: • Golden Gate Stormwater improvements—designs underway. • US41/Collier Blvd. Intersection—work ongoing, on budget and schedule. • Pine Ridge Road/US 41 intersection—proposed intersection improvement westbound/eastbound—60%plan submitted to County for review. • Bid Openings-20th Court SW; 46th Terrace SW;46 St. SW; 8th and 9th St SW. • Davis Blvd./Airport Pulling Intersection -turn lane study—northbound/southbound. • White Blvd. Intersection/23rd Ave. improvements— improvements to drainage underway. • Collier Blvd. - Green Blvd.to Golden Gate Blvd. —bids received, 10%lower than anticipated. • Collier Blvd.—Tower to Manatee Road - Selecting consultant 10/2/14. • Current Prioritized Sidewalk Projects Proposed—Thomasson Drive,Pine Ridge/Airport, 11th Ave SW, Cypress Way East. 2 October 1,2014 • Future Sidewalk Projects Proposed- County Barn Road, Vanderbilt Drive, South 1st St., Immokalee. • TRIP (Transportation Regional Incentive Program)-possible funding opportunities for Logan Blvd. extension to Bonita Beach Road,FY15-16 project. • Woodcrest Drive —remaining unfinished roadway area to be paved. • Developer Sponsored Roads—Staff continues to develop the"turnover"process. • TIGER Grants (Transportation Investment Generating Economic Recovery) failed to qualify,but it was noted this was the County's first attempt and it generally requires several attempts before ultimately qualifying for the first time. • Immokalee Road/Collier Blvd. Intersection—improvements upcoming,investigating future construction of an East/West"fly over." • Board of County Commissioners Workshop -bike safety on 10/7/14. D. County Fire Review update— [Shar Hingson and/orShawn Hanson] Shar Hingson addressed the Committee reporting the Department is operating efficiently and requested any feed back from the Committee. Members expressed no concerns with the Department. E. North Naples Fire Review update— [Eloy Ricordo] Mr.Ricardo reported: • The Department is now responsible for Big Corkscrew Fire Control and Rescue District's fire reviews. • Review of application criteria is ongoing to determine if the number plans required for submittal may be reduced. • Work is underway to incorporate reviews into the County's CityView system. F. Growth Management Division/Planning&Regulation update— [Jamie French] Jamie French submitted the"Collier County September 2014 Monthly Statistics"which outlined building plan review activities. The following was noted during his report: • Work is underway to incorporate Fire Plan Review data into the report. • From FY13 to FY14 there was a 41 percent increase in applications for single family/two family dwelling units. • The Division now has a standard for a 15 business day turn around time for application reviews with the time line beginning at submittal and ending when the customer is notified on the status of the application. VI. New Business A. Building Permit application,new revision form, and Subcontractor Affidavit [Claudine Auclair] Ms. Auclair and Mr. Long provided the forms"Collier County Building Permit Application, " "Collier County Building Revision" and"Subcontractor Affirmation"for information purposes. The changes are intended to improve efficiency in the process by assisting Staff in identifying the type of application and any related information required with submittals. 3 October 1,2014 The Committee noted consideration should be given to allowing more than one revision being processed by Staff at a time for trades (currently, multiple revisions may not be submitted simultaneously). She requested Members review the forms and provide additional comments to her. Mr. Mulhere arrived at 4:15pm B. Review of three Out of Cycle LDC Amendments [Caroline Cilek] Ms. Cilek presented the following three proposed LDC Amendments for consideration: LDC SECTION(S): 1.08.02 Definitions- 5.05.05 Automobile Service Stations CHANGE: The proposed amendment to LDC section 5.05.05 Automobile Service Stations establishes that automobile service stations shall be limited to eight fuel pumps when located within 300 feet of residential property; however, a greater number of fuel pumps may be sought through the conditional use process or as part of a Planned Unit Development. In addition to the Findings established in LDC section 10.08.00, the proposed amendment establishes several considerations to be examined when evaluating compatibility and adverse impacts of the conditional use request. Ms. Taft reported she had a conflict of interest with the item and has filed Memorandum of Voting Conflict Form 8B with the necessary parties. The conflict arose after her participation in Subcommittee meetings where this item was reviewed. Ms. Cilek reported • The proposed amendment was prepared based on a July 8, 2014 directive to Staff from the Board of County Commissioners (BCC). • The changes outlined in Section 5.05.05.0 which would require establishments proposing more than 8 fueling pump stations being subject to conditional use standards. • The language for the proposed amendment was based on the BCC Executive Summary related to the item. The following concerns were identified by the Committee: • The distance requirement from fuel pump to residential uses is defined as the property line and this may not be practical given many of the properties in the County are multi unit residential tracts with outlying preserve areas or lot lines a vast distance from residential uses. • The proposed amendment includes regulating establishments that have non retail facilities which are not available to the public and questioned if this is one of the intended goals of the directive given the low intensity of the use. • The proposed amendment was spurned by one particular landowner who acquired the properties with constructive notice they abut a C-4 zoning district which at the time of purchase, permitted theses uses. 4 October 1,2014 • The proposed amendment would negatively affect existing property owners who made previous business decisions based on zoning requirements by limiting"permitted uses" in the zoning districts. Mr. Brooker,Ms. Taft and Mr. Mulhere,Members of the Subcommittee reported the Subcommittee recommended the following: The proposal as drafted not be adopted, but that the comments and issues that have been raised are worthy of consideration and if the amendment were to be drafted not to include zoning districts C-4, C-5, and Industrial, then the amendment would be more worthy of consideration (see below). Comments and issues raised by the Subcommittee: 1, To address site design provisions within LDC section 5.05.05 be included in this amendment cycle, and if not, direct staff to include them in the next amendment cycle, including the following.' a. Lighting, address lighting comprehensively as it relates to commercial use adjacent to residential b. Landscaping c. Branding and banding/color schemes for canopies/canopy, d. Increase the signage percentage 10% of the size of the canopy façade e. Bathrooms to be located inside the automobile service station building. 2. Recommend that staff to work with Sheriff's office to look at CPTED in the LDC. Additionally the following concerns were identified by the Subcommittee: • The threshold for additional regulation is the number of fuel pumps and it may be more prudent to develop a threshold based on consumer demand,i.e. total annual fuel output volumes, etc. • The C-4, C-5 and Industrial zones are established by regulation as zones where numerous high intensity uses are allowed such as supermarkets, automobile dealerships,pharmacies, etc. and County regulations should address impacts (exterior lighting,traffic,noise, emissions, etc.)of these uses holistically as opposed to a singling out a particular use. • This issue of Benzine emissions from fuel distribution sites arose and concern the studies used as a basis were outdated(2005) and the industry has developed standards to address these issues since this time. Speaker Dan Oberski,Trinity Commercial Group (Wawa,Inc.) addressed the Committee and recommended any proposed language be specific in nature so it is clear to affected parties how any standards will be regulated before and after purchase of a property. The large scale stations are beneficial in providing competition to the market and are highly efficient and clean operations regulated by corporate standards. Mr. Brooker moved to recommend the Board of County Commissioners not adopt the proposed amendment as drafted, but that the comments and issues raised by the Subcommittee as listed above are worthy of consideration and if the amendment were to be drafted to not include zoning districts C-4, C-5, and Industrial, the amendment would be more worthy of consideration. The basis for the action is as follows: 5 October 1, 2014 1. Concern that property rights will be taken as a conditional use is not by right. 2. Automobile Service Station —issue with definition and that it would apply to non retail establishments. 3. Measure the 300 distance from the pump to the face or the edge of the residential building. 4. Evaluate the 8 fuel pumps vs. the output of the gas stations. 5. Consider that the fewer fueling positions may result in a greater number of small stations. 6. The conditional use process discourages business and can be arbitrary and occasionally capricious. 7. Consider whether the amendment benefits a few to the detriment to the public at large. Second by Mr. Chrzanowski. Carried unanimously 11—0. Ms. Taft abstained. LDC Section(s): 2.03.01 —Agricultural Zoning Districts; 4.02.07 Standards for Keeping Animals and 5.04.05 - Temporary Events. Change: The proposed amendment seeks to clarify the process for raising hogs in the Estates and Agricultural zoning districts in relation to the County's 4-H youth development program. Ms. Cilek reported • The amendment is proposed as the result of a directive from the Board of County Commissioners following a Code Enforcement case. • The proposed amendment will make the activity an accessory use eliminating the current requirement of obtaining a special use permit. • It proposes standards for allowing youths to raise hogs as a temporary activity(a 16 week period),no more than 1 hog per child and no more than 2 hogs per acre. • Minimum requirements for structures associated with the activity(setback requirements, etc.) are proposed. • The program will be administered by the 4-H Youth Development Program. The Land Development Regulation Subcommittee recommended approval of the proposed text and identified that the following should be noted for consideration by reviewing entities prior to adoption: 1. There are lots in the Estate district that are below 1.25 acres, such as those that are 1.14 acres (75 feet wide, 660 feet depth). The proposed language would not allow for hogs to be raised on these lots in coordination with the 4H program. 2. Consideration should be given to recommending or requiring a 75 foot setback in the Estates district from a potable water well(including a neighboring well) in order to prevent the potential contamination of a well head. Further, there are a handful of smaller agricultural properties that are west of 1-75 which could potentially be used for the raising of hogs in coordination with the 4H program. Discussion occurred on if the Future Farmers of America has a similar program that should be included in the amendment. 6 October 1, 2014 Staff reported any Program under consideration for inclusion in the proposed amendment would have to be administered to the same standards as the 4-H program. Mr. Disney moved to recommend the Board of County Commissioners approve the proposed amendment as written and identified the following issues for consideration by the reviewing entities prior to adoption: 1. There are lots in the Estate district that are below 1.25 acres,such as those that are 1.14 acres (75 feet wide, 660 feet depth). The proposed language would not allow for hogs to be raised on these lots in coordination with the 4H program;2. Consideration should be given to recommending or requiring a 75 foot setback in the Estates district from a potable water well(including a neighboring well) in order to prevent the potential contamination of a well head). Second by Mr. Gentry. Mr. Disney moved to amend the motion to include the original motion and that the Future Farmers of America be incorporated into the proposed amendment should it be determined they have a program similar in nature to the 4-H Youth Development Program. Second by Mr. Gentry. Carried unanimously 12—0. LDC Section(s): 2.03.01 Agricultural Districts Change: The proposed amendment allows residents to grow fruits,vegetables and nursery plants for both personal consumption and off-site retail sale, such as at farmer's markets, pursuant to LDC Section 5.02.00,Home Occupations. Ms. Cilek provided an amendment proposed for LDC Section(s): 2.03.01 Agricultural Districts The proposed amendment allows residents to grow fruits,vegetables and nursery plants for both personal consumption and off-site retail sale, such as at farmer's markets,pursuant to LDC Section 5.02.00,Home Occupations. She noted: • The proposed amendment allows the growing of fruits,vegetables and nursery plants in the Agricultural Districts for off site sale of the products. • The Land Development Regulation Subcommittee recommended the proposed amendment be approved as written. Mr.Dunnavant moved to recommend the Board of County Commissioners adopt the proposed amendment as written. Second by Mr. Gentry. Carried unanimously 12—0. VII. Old Business A. Floodplain Management Update Ms. Cilek reported: • The County has not yet filled the position of"Floodplain Coordinator." • There are currently no changes proposed in the Floodplain Management Ordinance. • The Floodplain Management Committee is currently working on updating the Floodplain Management Plan. • The Resolution governing the Committee seeks to limit those with land development interests from serving on the Committee. VIII. Committee Member Comments None 7 October 1, 2014 IX. Adjourn Next Meeting Dates November 5,2014 -GMD Conference Room 610—3:00 pm December 3,2014- GMD Conference Room 610—3:00 pm January 7,2015 -GMD Conference Room 610—3:00 pm February 4,2015 - GMD Conference Room 610—3:00 pm There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 5:20PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman, William Varian These Minut were approved by the Board/Chairman on / 511 , as presented , or as amended 8 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAMa—FIRST NAME-MIOQLE NAME NAME OF BOARD,COUNCIL COMMISSION,AUTHORITY,OR COMMITTEE '( 1, 1 _ 3.: - 1.., " 4,14'r x .r MAILING AeDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 1,{ .''' ' - ' WHICH I SERVE IS ADMIT OF' 4:V^, '' `� ,'�` ❑CITY gi coueTY ❑OTHER LOCAL AGENCY TM a - NAME OFPOUTICAL9DMSION: DATE ONICH VOTE OCCURRED MY POSmON is . ' 1+,..f Q ELECTIVE VI APPOINTIVE I' WHO MUST FiLE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority,or committee.It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure In which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would Inure to his or her special private gain or loss.Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal(other than a government agency)by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F,S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity, For purposes of this law, a"relative" includes only the officer's father, mother,son,daughter, husband,wife, brother,sister, father-in-law, mother-in-law,son-in-law, and daughter-in-law.A'business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property, or corporate shareholder(where the shares of the corporation 1 are not listed on any national or regional stock exchange). i . . . . . . . . . . . . . . . . ELECTED OFFICERS: in addition to abstaining from voting in the situations described above,you must disclose the conflict: i PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. . . . . . . . . . . . . . . . . APPOINTED OFFICERS: f Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However,you must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF 1112013 PAGE1 Adopted by reference in Rule 547.010(1)((),F.A.O. APPOINTED OFFICERS(continued) • A copy of the form must be provided Immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form Is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict In the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must Incorporate the form in the minutes.A copy of the form must be provided Immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form Is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST IW r u4r tt 't ,hereby disclose that on �, -t4 Y ,20 : (a)A measure owe or will come before my agency which(check one or more) Inured to my special private gain or loss; Inured to the special gain or loss of my business assodate, • inured to the special gain or loss of my relative, inured to the special gain or loss of t + it c A• Al I+ ia_bkisk1 by whom I am retained;or 1 inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: t 1,4 r Cam- ,,oh,i r� C.�tt"h nu( (tiro ,l -..r� rt l(\n 0,1, 04 lf, (..L'a L r ,(t tt r�1 0 (i�,('�, r t j�''(A � L1 �ice'4f iti y..�~ ? (.r5 )� � �+ '4h-� P Y,Y∎i tl 1 F�1 v t,,c 7)11.46 4Y i Ci A .. 4 ('_ (.X.- it,Xa tl {)i/.j ,SA t1y.t`r-y�_t.vy� ., If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys,a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the Interest In such a way as to provide the pubtic with notice of the conflict ;1;/ u 'f / � ' Date Filed Signe p4 / , ' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317,A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 08-EFF.11/2013 PAGE 2 Adopted by reterrnce in Rule 34.7.010(1)(1),F.A.C.