LDRSC Minutes 05/05/2014 Land Development
Review Subcommittee
of the
Development Services
Advisory Committee
Minutes
May 5 , 2014
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MIN WS OF THE MEETING OF THE
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C. OF THE
DcEV L ERVICES ADVISORY COMMITTEE
Naples, Florida
May 5, 2014
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 10:00 AM in SUBCOMMITTEE SESSION, in the Tourism Conference Room, Growth
Management Division, Planning &Regulation Office, at 2800 North Horseshoe Drive,Naples,
Florida, with the following Members present:
CHAIRMAN: Clay Brooker, Esq.
Vice Chair: Robert Mulhere, FAICP
Alexis Crespo, AICP
STAFF: Caroline Cilek, M.S., Senior Planner
Ellen Summers, Planning Technician
Heidi Ashton-Cicko, Esq., Assistant County Attorney
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May 5,2014
CALL To ORDER:
Chairman Clay Brooker called the meeting to order at 10:15 AM.
ATTENDEES:
• Kathy Curatolo—Collier Building Industry Association("CBIA")
• Jeremy Frantz—Conservancy of SWFL
2014 LAND DEVELOPMENT CODE AMENDMENT CYCLE—LEVEL ONE
1.SECTION 5.04.04—MODEL HOMES AND MODEL SALES CENTER
• Corrected formatting errors
• Corrected Section number for an SIP to 10.02.03
2. SECTION 5.04.05—TEMPORARY EVENTS,OPEN AIR MARKETS
• An open air market includes farmer's markets and flea markets.
• Chapter 5 (temporary use section) is not very explicit—only for temporary events.
o One of the goals for a temporary event to not"trump"the number of days an
established business can have in the same location for a"sidewalk" sale or
promotional events (tent sales).
• A "Special Event"Permit is required. The permit will allow for up to 14
event days per permit, not to exceed more than 7 consecutive days at one
location.
• Cannot exceed more than 28 event days per type of event in one location
in a calendar year.
Bob Mulhere recommended increasing the number of days from 28 to 30.
Caroline Cilek referenced"Application" on Page 2 at Line 16. She stated since the
requirements were outlined in the Administrative Code, it was not necessary to include
them again. She will bring the issue to DSAC. She noted the Administrative Code will not
be adopted until the fall.
3. SECTION 5.04.05—TEMPORARY EVENTS,FIREWORKS
• Temporary Permits are issued for the sale of fireworks. A waiver is signed indicating
the seller is a wholesaler or the use is for agricultural purposes, as allowed in Florida
Statutes, Chapter 791.
4. SECTION 5.06.00-SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION,
SECTION 5.06.02-DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS,
SECTION 5.06.04-DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,
SECTION 5.06.05-EXEMPTIONS FROM THESE REGULATIONS,SECTION 5.06.06-PROHIBITED
SIGNS,AND SECTION 5.06.09-NONCONFORMING SIGNS
• Purpose: To codify common deviation requests within PUD Ordinances
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May 5,2014
• Added definition for Light Pole Banners
• With regards to On-premise direction signs, the provisions will apply to all new and
existing residential developments
o May add to a permit rather than modifying a PUD
Robert Mulhere suggested the following language: "In the event of a conflict between this
provision and the PUD ordinance where the PUD is more restrictive, the more permissive
shall apply..."
Assistant County Attorney Heidi Ashton-Cicko noted a number of PUDs have directional
signs that are less than ten feet from the edge of the roadway and may be larger in size.
Caroline Cilek stated she will consult with Attorney Ashton-Cicko concerning changes to
the language.
• Discussed the limitation on the number of directional signs provided they are separated
by a minimum distance of 250 feet between each sign or a road right-of-way.
• Noted the signs are to be located within the subdivision or development.
• Community Amenities Signs are designed for a clubhouse
o Two signs are allowed—one is to be located at the main entrance; the other
may be a wall sign on the facility
o Height: 8 feet
o Sign area: 32 square feet
o Minimum set back: 10 feet from property line or right-of-way
• Light Pole Banners:
o Interior to the development
o Height: 8 feet at lowest point
o Sign area: 12 square feet
o Residential community is responsible for maintenance
o A permit is not necessary to install a banner but it is required to install a light
pole.
• Boundary markers:
o One boundary marker at each corner of a property.
o Height: To the maximum height of the wall if higher than 8 feet
o Sign area: 24 square feet
Bob Mulhere stated boundary markers were intended for large projects. He suggested the
following language: "A maximum of two boundary markers shall be allowed on any one
road frontage and no boundary marker shall be located closer than 250 feet from the other."
• Non-Residential Districts:
o Encroachment into signage area of one tenant by next-door neighbor is
allowed given appropriate approvals. (Reference: 5.06.04 F.4.b.ii)
• Non-Conforming Signage:
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May 5,2014
o While the structure of the sign cannot be changed, the sign copy can be
changed and a building permit will be needed.
There was a discussion concerning project entry signs. Attorney Ashton-Cicko stated
clarification would be required regarding who would maintain the property; a right-of-way
permit was necessary.
5.SECTION 6.06.02— SIDEWALKS,BIKE LANE AND PATHWAY REQUIREMENTS
• To replace existing illustrations within LDC subsection 6.06.02 A.7 with updated
AutoCAD drawings.
o Image #1: Correct the title and make the sidewalk components more visible.
6. SECTION 10.02.13 D.—PLANNED UNIT DEVELOPMENT(PUD)PROCEDURES
• Sunset—"effective date of this Ordinance."
• To repeal the PUD sun-setting provisions within LDC section 10.02.13 Planned
Unit Development (PUD) Procedures. The development rights conferred by an
approved PUD would remain so long as they are consistent with the Collier County
Growth Management Plan.
Bob Mulhere suggested inserting the following language in"subsection 10.02.13 D":
"If,prior to the effective date of this Ordinance, ...."
• The number of Local Economic Emergency Ordinance was changed from 8 to 1.
• It was suggested that subparagraph C was no longer necessary.
• It was noted clarification is necessary by Staff. "This section does not apply to ...."
7. SECTION 10.02.13 E.-PLANNED UNIT DEVELOPMENT(PUD)PROCEDURES
• On Page 1 at Line 2: The second sentence regarding "Language changes ...."was
deleted as it no longer reflects the process.
8. SECTION 10.03.05—REQUIRED METHODS OF PROVIDING PUBLIC NOTICE
Caroline Cilek noted the Notice Section will be revised in the near future to consolidate.
• The Agent Letter("A") takes the place of a Neighborhood Information Meeting
("NIM") for some of the petitions.
o Currently in use - Sent by the owner or the Agent for the owner to property
owners within 150 feet of the area covered by the Petition.
• Fixing several Mailed Notice sections because an incorrect number(150 ft) was
used as the mailing radius when the Administrative Code was adopted and the
correct number(500ft/1,000 ft) is proposed.
• Parking variances—fixing an error in the process.
o Process: Will be reviewed by a Hearing Examiner; or to the Planning
Commission if there is a conflict, before being heard by the Board of
County Commissioners
• Proposed new language re: PDI (Insubstantial change to a PUD)
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May 5,2014
o "Upon written request by the Applicant, a Hearing Examiner may waive the
NIM once the first set of Staff review comments have been issued, and prior
to the re-submittal of the Petition to the County."
Robert Mulhere suggested the following revisions to the propose language:
o "In the case of a PDI, a NIM is required pursuant to Section 10.03.05A."
o "However, upon written request by the Applicant, a Hearing Examiner has
discretion to waive the NIM after the first set of Staff review comments has
been issued."
9. LDC Section 10.02.08 I.- Requirements for Amendments to the official Zoning
Atlas.
• Typos.
10. GMUD-MXD Zoning Map Number 0502S—Bayshore Gateway CRA
• Rezoning through the LDC.
• It was a Growth management Plan change last year and is being implanted
through the LDC.
• Rezoning to get the mixed use designation on top of C-4 and C-5 zoning
districts.
11. SECTION 1.08.02 -DEFINITIONS; TRANSIENT PUBLIC LODGING ESTABLISHMENT
Attorney Ashton-Cicko stated the definition was under evaluation may be dropped
before the amendment is presented to the Collier County Planning Commission.
Chairman Brooker noted there is a bill in the Florida Senate that, if adopted, states a
local law, ordinance, or regulation may not prohibit vacation rentals, or regulate their
duration, or the frequency of vacation rentals. It is awaiting a decision by the
Governor.
Caroline Cilek confirmed the County was using the Florida Statutes'definition which
allows rental of a unit of housing (a dwelling) for a period of 30 days or one calendar
month, whichever was less.
• Some master plan communities have private deed restrictions regarding rental
regulations.
• A bed tax is charged for rentals that are six months or less.
• To prevent the illegal operation of a bed and breakfast—renting rooms in a
private house, i.e., a business that is operating in a single-family, residential
area. (Code Enforcement violation.)
12. SECTION 4.01.02—KITCHENS IN DWELLING UNITS AND SECTION 5.03.03—
GUESTHOUSES
Caroline Cilek stated the purpose was to codify a 10-year old Staff clarification in
"Building Blocks."
• When a guest house is identified as a guest house, either attached or detached,
Impact Fees are much higher.
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May 5,2014
Bob Mulhere asked if he had what he termed as a"mother-in-law suite" within his
principal structure, would he be subject to higher Impact Fees?
Caroline Cilek pointed out the definition included the phrase, "accessory dwelling." A
"dwelling" has a kitchen. If the "mother-in-law suite" did not have a kitchen, it would
not be considered to be a "guest house."
He noted the primary structure is allowed to have a secondary kitchen. He stated if the
guest house was detached, it could be considered as a separate dwelling and would be
subject to Impact Fees.
Ms. Cilek reviewed the original definition of"guest house," i.e. a dwelling with a
kitchen.
There was further discussion concerning duplex, dwelling, attached dwelling unit, and
two-family home. A duplex is not internally accessible.
Caroline Cilek referred to the definition of"kitchen"—a room in a principal dwelling
which is used, designed, and intended for the preparation and cooking of food and
where meals are also eaten. (Reference: LDC Section 4.01.02—Kitchen)
The definition of"wet bar" was revised as follows: An area designed for mixing drinks
that contains a sink with running water, and is not a kitchen.
Robert Mulhere stated there should be no limitations concerning countertops for a wet
bar (six feet or less) and recommended it should be eliminated.
Caroline Cilek will present the recommendation.
Caroline Cilek stated she would prepare a sheet of recommendations to present to
DSAC and the Planning Board.
Robert Mulhere moved to approve forwarding the above-referenced changes to the
Development Services Advisory Board with a recommendation for approval. Alexis
Crespo offered a Second in support of the Motion. Carried unanimously, 3—0.
There being no further business for the good of the County, the meeting was adjourned
by order of the Chairman at 12:30 PM.
DSAC—LAND DEVELOPMENT REVIEW
SUBCOMMITTEE
CLAY BROOK R,CHAIRMAN
The Minutes were rproved by the Board/Committee on ) `7/ , 2014
"as submitted" ] OR "as amended" I ].
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