DSAC Minutes 10/01/2003 SOctober 1, 2003
TRANSCRIPT OF THE MEETING OF
THE DEVELOPMENT SERVICES ADVISORY SUB-COMMITTEE MEETING
"LAND DEVELOPMENT REGULATION
CODE AMENDMENTS"
NAPLES, FL
October 1, 2003
LET IT BE REMEMBERED, that the Development Services Advisory Committee, in and
for the County of Collier, having conducted business herein, met on this date at 2:05 PM in
special session in Conference Room "E", 2800 Horseshoe Drive, Naples FL, with the
following members present:
Members Present:
Robert Duane
Justin Martin
Thomas Peek
Peter VanArsdale
Tom Masters
Charles Abbott
Marco Espinar
Bob Mulhere (Excused)
Brian Milk (Excused)
Staff:
Russell Webb, Planning Services
Ray Bellows, Planning Services
Patrick White, Asst County Attorney
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October 1, 2003
THE DEVELOPMENT SERVICES
ADVISORY COMMITTEE
Conference Room "E"
2800 Horseshoe Drive
Naples, FL 34104
2:05 PM
Minutes
October 1, 2003
Meeting was called to order by Chairman Robert Duane at 2:05 PM.
Mr. Duane expressed he has been Chairman for the past 2-3 years and wants to hand it to
someone else.
Tom Peek moved to nominate Tom Masters as Chairman. Second by Robert
Duane. Carried unanimously 6-0.
The Land Development Regulation Sub-Committee is meeting at 2:00 with the
Regular DSAC meeting at 3:30 PM. (There had been some confusion)
Russell Webb handed out the Code Amendments for Cycle 3.
· Page 11 - Yard requirements - Russell mentioned language is sufficient.
· Tom Peek recommended the "sliding scale" for setbacks, reducing 37' to 15'
(nonconforming lots)
Building Heights - Division 6.3 Definitions - Russ mentioned building code
hasn't had a problem with it. Retention areas were discussed.
The Board of County Commissioners felt there should be Truth in Advertising in
building heights - building over parking was discussed.
Peter mentioned feet above FEMA is the benchmark - now to change it again
makes no sense.
Russ stated FEMA modifies on a yearly basis and they are going to have
difficulties.
Ray Bellows said the Board wants to make the definitions more understandable to
the lay person. Discussion followed on the public understanding and perception
of the code and getting public support for it. Its not that it is not working, just
need to make the public understand it more clearly.
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October 1, 2003
Heights from the crown of the road were discussed, but when computing the
height, it should be from FEMA and eliminate the parking.
Tom Masters summarized it; not recommend approval as they want to use the
FEMA as the standard and not a conditional use.
Page 81 -Vanderbilt Overlay - Section 2.2.38.5.2 - language to be used. Sub-
Committee was satisfied with language.
Tony Pires spoke representing a group of Homeowners and individuals from the
Vanderbilt area. He stated some of the language being deleted from the above
section and the Homeowners wanting it to be retained. Materials had been sent to
the Committee members concerning the overlay study. (A copy was not obtained
for the record). He discussed a survey taken, drawings and right-of-way being
50' wide. Survey provided showed RT zone average height is 5 stories. Older
buildings have 8 foot ceilings - 48' would be kept with the character of the
community. They suggest they be measured from the crown of the road and go
back to that process as proposed by staff. For the density increase, they believe
the overlay would not be consistent with the Comprehensive Plan. Density was
discussed further. The conditional use for Hotels and Motels was also discussed
and suggested allowing greater public input for the process. They had a difficulty
with the fiscal impact analysis because it is more of a generalization. He asked
the committee consider their proposals.
Staff did not have anything further to add.
· After more discussion concerning continuous acreage, and non-conforming lots
the Sub-committee decided to stand by their previous discussion.
· Page 98 - Section 2.3 - Russell mentioned the Architectural Standards will be
revised at the subsequent LDC Cycle and taking under advisement.
· Page 123- Landscaping & buffering - looked at the construction standards and
okay.
· Page 143 - 3.2.3.6.2 - minor changes - changing language.
· Page 151 - 3.2.8.2.3 - minor typo changes.
Page 163 - Div. 3.3 - changes were adding the School Board Review Process to
the site development review process of the LDC- recommended approval after
formulating the same fees.
Page 179 - Gopher Tortoise - Barbara Burgeson - relocate tortoises that are
affected to unpopulated areas - amending language - can't permit changes now
but on a case by case basis. An EAC meeting was held earlier and after
discussion the sub-committee recommended denial of the Amendment.
· Page 184- 3.12.5.1.2 - added language.
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October 1, 2003
Page 186 - Div. 3.13 - changes were to simplify and clarify. Section 3.13.5.5 -
typos and changes are highlighted - some language was deleted and being struck.
Robert Duane mentioned he can not support the strike out language. The sub-
committee decided to stick with the original language and keep in "prohibition".
Herb Savage and Marco Espinar arrived at 3:15 PM.
· Page 79 - Section 2.2.20.7 - Height was left out - standard maximum height
should be put back in and staff agreed.
The Sub-committee meeting adjourned at 3:25 PM. The regular meeting will
meet at 3:30 PM.
COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY SUB-COMMITTEE
CHAIRMAN ROBERT DUANE
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FORM 8B
MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRST NAME--MIDDLE NAME
COUN]'Y
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMII I I::E. ON
WHICH I SERVE IS A UNIT OF:
El CITY ~/--~UNTY El OTHER
LOCAL
AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS: "~f PPOINTIVE
El ELECTIVE
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 equally 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 the reverse side 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
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate 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 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
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
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 min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate 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 other side)
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CE FORM 8B - REV. 1/98
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The form mfist 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 mea~sure 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
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
. inured to the special gain or loss of my relative,
;
inured to the special gain or loss of
whom I am retained; or by
inured to the special gain or lose of
· , which
is the parent 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:
Date Filed
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 8B - REV. 1/98
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