LDR Subcommittee Minutes 04/13/2016 April 13, 2016
MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW
SUBCOMMITTEE
Naples, Florida, April 13, 2016
LET IT BE REMEMBERED, the Collier County Development Services Advisory
Committee —Land Development Review Subcommittee in and for the County of Collier,
having conducted business herein, met on this date at 3:00 PM in a REGULAR
SESSION at the Growth Management Division Building, Room 609/610 2800 N.
Horseshoe Drive, Naples, FL with the following persons present:
Chairman: Clay Brooker
Blair Foley (Excused)
Robert Mulhere
ALSO PRESENT: Caroline Cilek, LDC Manager
Jeremy Frantz, Senior Planner
Richard Henderlong, Principal Planner
Alexandra Sulecki, Conservation Collier Coordinator
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Any persons in need of the verbatim record of the meeting may request a copy of the audio recording
from the Collier County Growth Management Division—Planning and Regulation building—Contact
Mr. Evy Ybaceta at 239-252-2400.
1. Call to order
Mr. Brooker called the meeting to order at 3:06pm and a quorum was established.
Mr. Foley was not present but provided an email dated April 12, 2016 and the Committee reviewed
the comments under the applicable sections.
2. Approve agenda
Mr. Mulhere moved to approve the Agenda. Second by Mr. Brooker. Carried unanimously 2—0.
3. Review Amendments
a. LDC Sections 2.03.00 and 5.05.04—Group Housing/Assisted Living Facilities
The amendment proposes to grant relief to conventional zoning districts by allowing floor area
ratios (FAR) between 0.45 and 0.60 to be approved as a Conditional Use for Group Housing
Units, such as care units, assisted living units, continuing care facilities, nursing homes, and
dwelling units that are part of an aging-in-place or a continuing care retirement community
environment.
Staff explained that this amendments acknowledges that the FAR for group housing in
commercial zoning districts is limited to .45 and allows an FAR of up to 0.60 as a conditional
use. The amendment will also apply to residential and agricultural zoning districts that currently
list group housing as a conditional use. This change is based on PUD deviations that have
occurred over the years.
The Committee reviewed the proposed amendment and recommended Staff:
1. Ensure the narrative section outlines that the conditional use application involves a public
hearing process.
2. The language in Section 5.05.04 D.1 be clarified to ensure the proposed requirement for a
conditional use application is for those with floor area ratios greater than 0.45 and including
0.60.
Mr. Mulhere moved for the Development Services Advisory Committee to recommend the
Board of County Commissioners adopt the proposed Land Development Code amendment
subject to Staff revising the language in Section 5.05.04 D.1 to read "A floor area ratio
exceeding 0.45 requires a conditional use approval"(or similar language). Second by Mr.
Brooker. Carried unanimously 2—0.
b. LDC Sections 2.03.01,2.03.03, 5.05.14—School Compatibility
Ms. Cilek noted the proposed amendment is under review by the County Attorney's Office and
she will forward the final draft to the Subcommittee Members when it becomes available.
The amendment proposes to amend how"Educational plants," a permitted use within the
residential and commercial zoning districts are approved within the County. "Educational plants"
are defined in LDC Section 1.08.02 as: "The educational facilities, site and site improvements
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necessary to accommodate students, faculty, administrators, staff, and the activities of the
educational program of each plant." The amendment includes an effective date and will apply to
all future educational plants. The Estates and residential zoning districts are amended to include
an educational plant as a conditional use when applicable. The Estates, residential, and
commercial zoning districts are all amended to reference the proposed requirements in Section
5.05.14.
Staff explained that the amendment will require a conditional use or an interlocal agreement in
residential and Estates zoning districts. The amendment also requires an SDP and TIS for
educational plants in commercial zoning districts. Standards for educational plants are
established in a new LDC section: 5.05.14—Educational Plants. Staff also explained that Florida
Statutes require charter schools and public schools to be treated the same.
The Committee discussed the proposed standards and suggested that staff examine the Florida
Statutes to ensure there aren't any regulations that supersede local regulations.
Mr. Brooker moved for the Development Services Advisory Committee to recommend the
Board of County Commissioners adopt the proposed Land Development Code amendment.
Second by Mr. Mulhere. Carried unanimously 2—0.
c. LDC Sections 2.03.07 G Overlay Zoning District—Immokalee Nonconforming Mobile
Home Parks & Admin Code Chapter 4.I.3.a—Immokalee Nonconforming Mobile Home
Sites—Existing Conditions Site Improvement Plan
Staff reported the amendment proposes to provide a new application and approval process where
nonconforming mobile homes sites in Immokalee may obtain approval to replace mobile home
units. Staff reported that the amendment is still evolving but requested feedback on the current
draft. The new application, described as an"existing conditions site improvement plan"will
allow property owners the ability to replace mobile home units under certain conditions. Zoning
districts in the Immokalee Urban Overlay that establish mobile homes as a permitted use are
eligible for this process. This includes mobile homes located in both the Mobile Home (MH)and
Village Residential (VR) districts.
The Subcommittee reviewed the proposed amendment and noted the following:
1. Staff should consider listing the"Application requirements" Section(2.03.07 G.6.d) before
the "Criteria for Review" Section(2.03.07 G.6.c).
2. Consider removing Section 2.03.07 G.6.b.iii as the standards do not apply to travel trailers—
Staff noted Section 2.03.07 G.6.b is being rewritten to clarify which zoning district are
applicable to the Section.
3. Clarify the wording in Section 2.03.07 G.6.c.i.a to ensure it reflects the intent of maintaining
10 foot separation between mobile homes or when the requirement may be altered(i.e. Fire
Marshall allowance of a reduced separation distance, etc.).
4. Amend Section 2.03.07 G.6.f, line 2 to read".... mobile home units shall be inspected for the
requirements set forth below:
5. Amend Section 2.03.07 G.6.g.i, line 5 to read "...aerial maps dated as of February 2016."
6. Ensure the zoning district cited is correct in Section 4.02.33 A Table 15.
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7. Clarify the table area for"Minimum Setback Requirements" applies to the"perimeter
property lines" in Section 4.02.33 A Table 15.
8. Cite the Land Development Code section(s)that correlates to the standards in Section
4.02.33 A Table 15 if necessary.
The Subcommittee reviewed the corresponding Sections of Chapter 4.I.3.a of the Administrative
Code for Land Development("Immokalee Nonconforming Mobile Home Sites—Existing
Conditions Site Improvement Plan")and recommended the following:
1. Initiation- Clarify the title of the application is correct.
2. Application Content and Site Plan Requirements
a. Consider adding a disclaimer the County is relying on the data provided by the
applicant for identification of the"property boundaries" and not liable for any errors
given a boundary survey is not required for the submittal.
b. Revise number 4 to end after the word "sites."
3. Digital Submittal Requirements
a. Revise Line 1 to read "After the existing condition site improvement plan has been
approved..."
b. Revise number 1 to read "Digital copy of the site plan documents."
Staff noted the proposed amendment will be revised based on Subcommittee comments and
further Staff review.
Mr. Mulhere moved to conceptually approve the proposed Land Development Code
amendment and endorse the future changes proposed by Staff subject to a final
recommendation at a subsequent Subcommittee meeting or at the Development Services
Advisory Committee meeting. Second by Mr. Brooker. Carried unanimously 2—0.
Staff noted that they would send the amendment to the Subcommittee members for their
review prior to the DSAC meeting.
d. LDC Sections 2.03.07 Immokalee Main Street Overlay
Staff reported the amendment is in response to several businesses that would like to develop in
the Immokalee Main Street Overlay Subdistrict(MSOSD) but which are currently prohibited.
The amendment addresses this by proposing to amend the conditional and prohibited uses within
the MSOSD. This means that for properties with frontage on North First Street, South First
Street, and North Ninth Street,prohibited uses would become conditional uses. A map of the
areas was provided.
The Subcommittee reviewed the proposed amendment and recommended that staff remove the
words from last line in Section 2.03.07 G.5.c "in the Main Street Overlay District" as the entire
Section(2.03.07 G.5) refers to this designation and the wording is repetitive.
Mr. Brooker moved for the Development Services Advisory Committee to recommend the
Board of County Commissioners adopt the proposed Land Development Code amendment
subject to the above recommendation. Second by Mr. Mulhere. Carried unanimously 2—0.
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e. LDC Sections 3.05.07 Conservation Collier—off site preservation
Staff reported the amendment proposes to modify the long-term land management endowment
payment amounts as established in Section 3.05.07 H.l.f.iii a-b. The monetary payment amount
shall be adopted by resolution of the Board of County Commissioners in the Collier County Fee
Schedule with the amount being reevaluated by Conservation Collier every three years and
approved by the Board of County Commissioners.
The Subcommittee reviewed the proposed amendment noting the process required for the 3 year
reevaluation of the endowment should be clarified (whether Conservation Collier Staff
responsible,Parks and Recreation Department,the Conservation Collier Land Acquisition
Advisory Committee, etc. is responsible).
Staff recommended Section 3.05.07 H.1.f.iii.c., lines 10— 12 read "The reevaluation shall be
conducted by the Conservation Collier Program and approved by the Board of County
Commissioners..."
The Subcommittee recommended that the amendment narrative should include more information
regarding how the recommended endowments were calculated.
Mr. Brooker moved for the Development Advisory Service Committee to recommend the Board
of County Commissioners adopt the proposed Land Development Code amendment subject to
Staff recommendation for the language in Section 3.05.07. H.l.f iii.c Second by Mr.
Mulhere. Carried unanimously 2—0.
Staff reported the narrative section will be clarified including the monetary values identified
and how fees will be collected and a copy will be forwarded to the Subcommittee for their
records.
f. LDC Sections 6.02.06 and 6.02.07 Removal of LOS standards and reference to CIE
Staff reported the amendment proposes to remove standards in LDC Sections 6.02.06 and
6.02.07 regarding potable water and sanitary sewer-wastewater treatment facility level of service
standards (LOSS). The standards listed in the LDC are inconsistent with the current potable
water and sanitary sewer-wastewater treatment provisions established in the Growth
Management Plan (GMP) - Capital Improvement Element(CIE). Staff reported that LOSS are
updated through the AUIR process and private systems are required to report their LOSS
annually. This amendment simplifies the process by referring to the policy in the GMP rather
than including the specific requirements in the LDC which may change overtime.
Mr. Mulhere moved for the Development Services Advisory Committee to recommend the
Board of County Commissioners adopt the proposed amendment as presented by Staff.
Second by Mr. Brooker. Carried unanimously 2—0.
4. Next Meeting Date
Staff reported that there are no additional LDC amendments and the Subcommittee will review
changes to the amendments at the full DSAC meeting.
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5. Public comments
None
There being no further business for the good of the County, the meeting was adjourned by the order
of the Chair at 4:24PM.
COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE -LAND DEVELOPMENT
REVIEW SUBCOMMITTEE
These Minutes were approved by the Committee on tit'II--r 6 , as presented X , or as
amended
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