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CCPC Minutes 07/16/2003 SJuly 16, 2003 TRANSCR2PT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Land Development Code - Cycle 2 Naplesf Florida, 3uly :[6f2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 5:08 PM in SPECIAL SESSION in Building "F" of the Government Complex~ East Naples, Florida, with the following members present: CHAIRMAN: Lindy Adelstein Kenneth Abernathy Lora Jean Young Dwight Richardson David 3. Woifley Mark Strain Brad Schiffer Page 1 July 16, 2003 Pledge of Allegiance was recited Roll Call Chairman Mr. Ken Abernathy called the meeting to order at 5:08 PM and noted there is a quorum. Dispense with oaths Mr. White - added in affidavit to Minutes and Records Mr, Strain - questioned the new record's adequacy and after discussion it was accepted, Mr, White - noted there were two public hearings Mr, Abernathy - forwarded the second hearing Mr, Dwight Richardson - suggested that any items that they are unable to address today would be added to the agenda for the next meeting and additional information will be available. Ttems will be declared as addressed. Mr, Strain - suggested that putting two studies together would be detrimental and Mr. Richardson concurred. Discussion continued regarding scheduling until it was determined that each item would have to be divided out. Mr, Abernathy - stated that there were no other preliminary issues and move forward with the process. ABC will be set aside to be addressed at a later time, There was NO VOTE Sec 1.6 - Mr. Wedd's interpretation parameters need to be set Sec 1.8.10,2.1 - page 3 - Mr. Richardson noted the boat house is not in this consideration but will be in October. Mr. Schiffer - Another item was missing; Ms Susan Murray mentioned it will be in Cycle 3, 2.2.16.2.1 - Permitted uses the changes Mr. Schiffer- noted 749 group code numbers were researched and are on-line for the public 2.2.33.22.13 - page 8 this is only Bayshore area Mr. Stan Crisnowsky - addressed subdivision change and it is the same change on site development. A question in working was given over the 16 foot garage door and if a garage door can be 16 feet or bigger, research would be done. Mr. Crisnowsky continued with the presentation and included no minimum driveway length, no parking on sidewalks. Pictures were shown of cars parked over sidewalks. By the design of the driveways this will happen and this is permitted when necessary and most garages are filled with other items than vehicles. Code Enforcement is instructed to ticket everyone. Drivers need to have a 25 ft set back ( Lincoln Town Car is 221" long and Toyota Tundra is 217 1/2" long). 3 It should be a comfortable amount to be from the garage door when pulling up, though this seems close when inside the vehicle. The garage door should be required to be 23 It form the sidewalk in order not to have to park over the sidewalk. It was suggested that the measurement should be from the road instead of the sidewalk due to varying sidewalk distances from the roads. Although, the sidewalk can be inside the property. Mr. Strain - commented that this could save a child's life. Tt is not a good practice to require sidewalks and not have them be useable. This would not impact already built drives. A driveway can not be over 40% of the front lawn. [t is not legal to park on a sidewalk. Mr. Richardson - one is approved the other is not, if it is in site development then it does not need to be in subdivision, in favor. Page 2 July 16, 2003 SPEAKER Mr. Bob Mulhere - DSAC reviewed and recommended with exceptions; side loaded garage without interference, 12 or more will be impacted. Vesting in a PUD or must have approval and accommodate. 2.2.34.5.1 - Commercial vehicles parking SPEAKER Mr. Mike Barbush - resides at 690 Palm Ave W, Goodland and addressed a particular situation of parking a construction vehicle, a tow truck. The existing signs are a part of the town and they would like for them to exist for the next 5 years. He explained that Goodland is a "blue collar" town and added storage sheds should be allowed to remain as fair and equitable structures allowing clam farming to exist again. A question to postpone clams 2.2.34.6.2 Sheds Building permits need to be obtained, this should be added in. 2.2.34.7 Signs Mr. Mike Barbush - suggested that he doesn't have a problem with signs in the town, preserve the natural look of the town. He would like to have permanent exemption but any changes made will have to comply with code. Mr. Schiffer - mentioned his support on this matter Ms. Susan Murray - suggested an effective date be added. The pictures were taken in 2000 and all signs existing from the effective date. The cost was $1,200 for them to bring this in. Another way was tried, and settled for 5 years, to go another avenue. Commissioners have been flexible. Mr. Mark Strain - questioned if the vote would be given tonight to resolve this matter. Mr. Ken Abernathy - 3 on the agenda to vote on. Clam nursery will have a water flow through system, it is only permitted on agricultural land not on state, and the state guidelines would be followed. It will be located behind homes by the canals the state regulates this, shade cloth goes over top. There should be no environmental issues. It needs to be native clams, it was passed on tonight 2.4.3.1 Margaret Wuerstle - Planning Service Director - The land development code will work with this, apply for deviations where our requirements conflict with state rules. Requiring landscaping in parking lots but these are used for multiple purposes planning admin. Tt will have to be approved. Amy Taylor - Long Range Planner CCPS- Collier County Public Schools, school board as a non- voting member, l'n 96 agreements, few areas were reviewed. Developing better agreement. Multi purpose uses, line of sight, issues particular to school landscaping, there are 2 aspects to the amendment a deviation possibility along with safety concerns and questions. Dwight Richardson - School site can be anywhere public wants? Perhaps a compatibility requirement. No other questions or comments 2.4.3. Page 3 July 16, 2003 Nancy Simion- this is a BCC Direct Amendment, not supported by DSAC Ken Abernath¥ - questioned about the black fences Susan Murray- mentioned this is just for water run off Joe Schmitt - Community Development - The parameter buffer goes in first to protect adjacent property owner, most of complaints come from commercial not residential. You can't clear buffer until ready to go. Brad Schiffer - this will have a large fiscal impact. There is a wall requirement within PUD any way. The plants would not be mature enough. Bob Mulhere -It is sequencing and taking it out of order it should be a case by case scenario Susan Murray - mentioned there is a wall code now that the wall must go in first 2.4.35 This is to relocate language, it should apply to all standards. An illustration was shown. There will be more tree for height. Will they need to certify plant is there and alive? Bob Mulhere - At the DSAC meeting is was a lot of give and take. Just a minor change of loft 12.5 ft 2.4.4.:18.:1 Pulled from cycle 2.4.54 Relocating of larger trees. No subtractions or changes. Additions given. 2.4,6.6 Taller Landscaping to accommodate large plant material. Pages 25 and 26. ]ncreasing the 25 ft to 35 ft 2.4.7.2 BCC Directed item Changing the time difference from 90 to 60 days. With compliance to be set prior to issue of license. [nformation provided by old occupant trying to be fair 2.4.7.3 Page 28. This is a relocation, of water management systems. Bob Mulhere - The widths are not approved functioning as water. The retention looks like an amenity. Bob's proposed change. 2.4.7.3.:1 Have the word dry removed for all developments, staff is in agreement. There needs to be a clarification on wording. The language should be gone back over. 2.4,7.4 Restore original language, the trees can not fit in the reduces space. 15ft buffer was agreed to. 2.4.7.5 Clean up the second paragraph Lindy Adelstein - would like to give approval not the have them again 10 min recess 7:24 Lindy Adelstein left at this point 7:35 Called back by Ken Abernath¥ Page 4 July 16, 2003 2,2.5.2,9 Russ - Minor changes, not traditional size no more the 54" in height t4r. White - 4-6" diameter. Attached to exterior of wall Ken Abernathy - Limited to on pole that rotates it actually needs to limit the sign to one. Mark Strain - questioned where the language changes will be Susan t4urra¥ - said they get forwarded Brad Schiffer - previous discrepancies need to be tracked l~r. White - address this with alternative language. Work with staff about this. 2.6.9.1 and 2.6.9.2 This would bring Fire Stations out of conditional use they should be added as conditional use. 3oe Brennan - It will save tax payer's money to wave the fees, but the real reason it to expedite, but this might get the little guy. 2.6.11 Renumbering Sections 2.7.2.3.5 Clarifying advertising, with no comments or questions 2.7.3.6 This is an infliction on the engineers ~4r. White - affidavit sworn as alternative self sworn declaration under penalty or perjury it had started out with engineer approval, with the owner or developer. Dwi~Jht Richardson - what an authorized agreement really is Hr. White - Leave the direct link with keeping the criminal hammer, this is just one other tool, there is a lack of information. 2.7,7 Affordable housing density bonus. It is a house cleaning manner for elimination. 3,2.4,11 Clams (previously reviewed) 3.2.8.4.16.21 Passing tonight 3.3.7.1.9 Passing tonight 6.1.3 and 6.1.4 Brad Schiffer - One is calendar and one is business day. If the county has to do something its days are business, but public has to do it in calendar days. This is to be put-over. 6.3 Add Definitions. Unanimously approved. 3.2.4,11 Clams were approved 6.3 The definition of lying near, Inter local agreement is where this working definition is found along with contiguous or touching. The definitions were read. Tt is limited to inter local agreement. Page 5 July 16, 2003 Appendix B House keeping Recommend Approval Motions approval of following and consideration 1.6 2.2.16.2.1 2.2.33.22.13 2.2.31.6.2 2.2.34.7 with affective date 2.4.3.1 and Clam nursery section b 2.4.3.5 - not for commercial use 2.4.5.4 2.4.6.6 correction 2.4.7.2 2.4.7.4 2.4.7.5 2.5.5 recommended language change 2.6.9.1 2.6.9.2 denial with change 2.6.11 2.7.2.3.5 2.7.3.6 2.7.7 3.2.8,4.1.16 3.3.7.1.9 3.2.4.11 6.3 6.3 6.3 appendix b Motions- Mark Strain- first motion Brad Schiffer- second motion Called to Question No discussion Vote 7/0 all in favor Discussion - Land Development code being on internet Page 6 July 16, 2003 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:34pm. Collier County Planning Commission Kenneth Abernathy, Chairman Page 7