Agenda 12/13/2011 Item #16A21Proposed Agenda Changes
Board of County Commissioners Meeting
December 13, 2011
MOVE ITEM #16A21 TO ITEM #10N: RECOMMENDATION TO
APPROVE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE
APPROVAL OF A PLANNED UNIT DEVELOPMENT REZONE AND
SITE DEVELOPMENT PLAN AMENDMENT, FOR A TWENTY FIVE
THOUSAND SQUARE -FOOT CLASSROOM AND OFFICE ADDITION
TO THE EXISTING COMMUNITY SCHOOL OF NAPLES, NOT TO
EXCEED THE SAME EXISTING UPPER SCHOOL BUILDING HEIGHT
OF THIRTY TWO FEET. (COMMISSIONER HILLER'S REQUEST)
Continue Item 9K to the jaqua p. 2012 BC Meeting This item continued from the November 8,
2011 BCC Meeting. Recommendation to approve a Resolution acknowledging the Board of County
Commissioners support of Senate Bill 192 pertaining to amending the procedures for merger and
dissolution of two or more independent special districts. (Commissioner Henning's request)
Move Item 1 A4 to Item 10P: This item requires that ex paste disclosure be provided by
Commission members. Should a hearing be held on this item, all participants are required to be sworn
in. Recommendation to approve for recording the final plat of Arthrex Commerce Park, approval of
the standard form Construction and Maintenance Agreement and approval of the amount of the
performance security. (Commissioner Hiller's request)
Move Item 16A16 to Item 100: Recommendation to approve the release of lien in the Code
Enforcement Action entitled Board of County Commissioners vs. Jack and Emma Mae Barrs, Code
Enforcement Board Case No. 2002 -008, relating to property located at 2990 Sunset Boulevard, Collier
County, Florida. (Commissioner Hiller's request)
Move Item 16A19 to Item 10,E This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all participants are required to be sworn
in. Recommendation for the Board of County Commissioners (Board) to accept a process to review
past Staff Clarifications and Official Interpretations of the Land Development and Building Codes and
to accept specific Staff Clarifications and Official Interpretations attached to this Executive Summary.
(Official Interpretations are quasi- Judicial.) (Commissioner Henning's request) -
Move Item 16A24 to Item 10M: Recommendation to direct the County Manager, or his designee, to
suspend the collection of Affordable Housing Contributions, pending the Board's decision on a Land
Development Code (LDC) Amendment to remove Affordable Housing Contribution commitments.
(Commissioner Hiller's request)
Continue Item 16A26 to ftejanuary 24 2012 BCC Meeting: Recommendation to approve the third
amendment to the cooperative agreement with the South Florida Water Management District,
Agreement No. C- 11759, regarding operation and maintenance of designated primary watercourses in
Collier County, modifying the agreement terms and extending the term until September 30, 2024.
(Sta)qs request to address concerns with property owners along affected canals that are subjects of the
agreementy
Mov@ Item 16132 to Item 13133: Recommendation to approve a Resolution certifying the statutory
dedication and acceptance of portions of South First Street through South Ninth Street, South Sixth
Court, Boston, Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also
being a part of Section 4, Township 47 South, Range 29 East, of the Public Records of Collier County,
Florida, by virtue of the County's continuous and uninterrupted maintenance of the roadway in excess
of seven years and authorize the filing of a Right -of -Way map being more specifically shown in Exhibit
"A" (Fiscal Impact: $53.50). (Commissioner Hiller's request)
Delete Itexr► 16C13: Recommendation to approve an Agreement with Adam J. Piskadlo and Barbara K.
Piskadlo for the purchase of property for the relocation of sub - master pumping station 300.06 at a
cost not to exceed $78,000, Project Number 70046. (Sta)9s request due to reconsideration of sale by
property owner)
Continue Indefinitely Item 16D12: Recommendation to approve and authorize the Chairman to sign
the "Certification for Implementation of Regulatory Reform Activities Required by S.H.I.P" and reports
for fiscal years 2006/07,2007/08, and 2008/09 and authorize submission to Florida Housing Finance
Corporation to ensure compliance with program requirements. (Staffs request. Allow additional time
to collaborate with the Florida Housing Coalition (FHC), the County's SHIP technical advisor, on report
contents.)
Move Item 16G2 to Item 13A3: Recommendation to approve and ratify Staffs authorization
unauthorized approval of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA
(Work Order #4500116917 ) and make a finding of quantum meruit in order to process invoices for
Phase 2 permitting work at the Immokalee Regional Airport. (Commissioner Hiller's request to move
item /language revised at County Attorney's request)
Move Item 16G3 to Item 13A4: Recommendation to approve and ratify Staffs authorization
unauthorized approval of Change Order #2 to Passarella and Associates, Inc. (Work Order
#4500116918) for a time extension and make a finding of quantum meruit in order to process
invoices for Phase II environmental permitting work at the Immokalee Regional Airport.
(Commissioner Hiller's request to move item /language revised at County Attorney's request)
Move Item 17A to Item 8C: Recommendation to approve a resolution allowing the Collier County
Water -Sewer District to expand the water and wastewater service district boundaries to include
portions of the development known as Hacienda Lakes, and surrounding areas, that are currently
outside the existing boundaries. (Commissioner Hiller's request)
Note:
Items 13A3 and 13A4: Requested to be heard prior to Item 13A1. (Commissioner Hiller's request)
Item 16A6 requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. (County Attorney's request)
Time Certain Items:
Item 9M to be heard at 5:00 p.m.
Item 9L to be heard at 5:15 p.m.
Item 10B to be heard at 10:45 a.m.
Item 10H to be heard at 1:00 p.m., followed by Items 10L, 10I and 8A
Item 11A to be heard at 4:30 p.m.
Item 12A to be heard at 4:00 p.m.
12/13/2011 Item 16.A.21.
EXECUTIVE SUMMARY
Recommendation to approve the issuance of a building permit prior to the approval of a
Planned Unit Development Rezone and Site Development Plan Amendment, for a twenty
five thousand square -foot classroom and office addition to the existing Community
School of Naples, not to exceed the same existing upper school building height of thirty
two feet
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval to issue building
permit prior to the approval of a Planned Unit Development Rezone and Site Development Plan
Amendment, for a twenty five thousand square foot classroom and office addition to the existing
Community School of Naples, not to exceed the same existing upper school building height of
thirty two feet.
CONSIDERATIONS: The Community School of Naples property is currently zoned Community
Facilities (CF), with recent buildings constructed under the CF Zoning District requirement.
Prior to its current CF designation, this property was zoned Agricultural with a conditional use
allowing for older school buildings to be constructed.
Per the State of Florida Building Code 503.1, the height and area for buildings of different
construction types shall be governed by the intended use of the building and shall not exceed
the limits provided in Table 503 (attached). Per Table 503, the maximum allowable height is
forty feet.
The applicant has submitted a rezone petition for the subject property to rezone from CF to a
Community Facility Planned Unit Development (CFPUD) under application PL- 20110002115 -
which is currently under review to establish uniform heights throughout the;property.
The Community School of Naples has requested to move forward with the construction of the
proposed classroom and office building at their risk, in anticipation of order to allow the school to
open the new facility in time for the 2012 Fall Semester (letter attached).
The Community School recognizes that:
1. The PUD rezone (PUDZ) may not be approved in time for the building to receive a
Certificate of Occupancy (CO) for the beginning of the 2012 Fall Semester, or it may be
denied, which would require a reduction to the permissible maximum building height of
thirty feet.
2. No final construction of the roof for the proposed structure shall commence until the
PUDZ is heard by the Board.
3. In _addition to all other code requirements, in order to obtain a CO, the building must
adhere to all local land use and Florida Building code requirements.
The proposed Board hearing for this PUDZ application is tentatively scheduled for January 24,
2012.
FISCAL IMPACT: There is no fiscal impact related to this request as the County will collect the
fees associated with this project.
GROWTH MANAGEMENT IMPACT: This action has no growth management impact.
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12/13/2011 Item 16.A.21.
LEGAL CONSIDERATIONS: This Executive Summary has been reviewed by the County
Attorney's Office and is legally sufficient for Board action. A majority vote is required for Board
approval of this item, while the underlying rezone will, upon its separate presentation to the
Board; require four affirmative votes of the Board for approval. STW
RECOMMENDATION: That the Board of County Commissioners approve the issuance of the
building permit prior to the approval of the Planned Unit Development Rezone and Site
Development Plan Amendment, for a twenty five thousand square foot classroom and office
addition to the existing Community School of Naples, not to exceed the same existing upper
school building height of thirty two feet, and acknowledges that the Community School of
Naples is proceeding at their own risk with this construction.
PREPARED BY: James C. French, Operations and Regulatory Management Director, Growth
Management Division
Attachments: 1) Table 503 from the Florida Building Code
2) Staff Analysis
3) Letter from Rich Yovanovich
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21.
12/13/2011 Item 16.A.21.
Item Summary: Recommendation to approve the issuance of a building permit prior to
the approval of a Planned Unit Development Rezone and Site Development Plan Amendment,
for a twenty five thousand square -foot classroom and office addition to the existing Community
School of Naples, not to exceed the same existing upper school building height of thirty two
feet.
Meeting Date: 12/13/2011
Prepared By
Name: PuigJudy
Title: Operations Analyst, CDES
11/21/2011 11:44:35 AM
Submitted by
Title: Planner, Principal,Transportation Planning
Name: AuclairClaudine
11/21/2011 11:44:37 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 11/21/2.0115:01:22 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 11/22/2011 10:45:06 AM
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 11/22/2011 1:47:55 PM
Name: WilliamsSteven
Title: Assistant County Attomey,County Attorney
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n
Date: 11/28/20119:18:59 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/28/2011 1:21:17 PM
12/13/2011 Item 16.A.21.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/29/2011 10:14:38 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 11/29/20112:45:08 PM
Packet Page -1746-
12/13/2011 Item 16.A.21.
Chapter 5: General Building Heights And Areas
Chapter 5
GENERAL BUILDING HEIGHTS AND AREAS
Florida Building Code, Building
SECTION 501 503A General.
GENERAL
The height and area for buildings of different construction
501.1 Scope. types shall be governed by the intended use of the building
and shall not exceed the limits in Table 503 except as
The provisions of this chapter control the height and area modified hereafter Each part of a building included within
of structures hereafter erected and additions to existing the exteriorwalls or the exterior walls and fire walls where
structures provided shall be permitted to be a separate building.
SECTION 503
GENERAL HEIGHT AND AREA LIMITATIONS
TABLE 503
ALLOWABLE HEIGHT AND BUILDING AREAS
Height limitations shown as stories and feet above grade plane_
Area limitations as determined by definition of "Area, building," per floor.
UL = Unlimited, NP - Not permitted
a See the following sections for general exceptions to Table 503:
1 Section 504 2, Allowable height increase clue to automatic sprinkler
system installation
2 Section 5062. Allowable area increase due to street frontage
3 Section 506 3, Allowable area increase due to automatic sprinkler
system installation
4 Section 507, Unlimited area buildings.
b For open parking structures. see Section 405 3
Area separations require a fire wall constructed as defined
in Section 702. 1, Florida Building Code.
When the square footage of an addition to an existing
building increases the overall square footage in excess
of the area Limits allowed for the construction type, as set
forth in Table 503, a fire wall shall divide the building into
allowable areas.
503.1.2 Buildings on same lot.
Two or more buildings on the same lot shall be regulated
as separate buildings or shall be considered as portions �\
of one building if the height of each building and the
aggregate area of buildings are within the limitations of
'table 503 as modified by Sections 504 and 506- The
provisions of this code applicable to the aggregate building
shall be applicable to each building.
503.1.5 Group A and E basements.
Group A and E basements used as classrooms or
assembly rooms shall be counted as a story,
When the square footage of an addition to an existing
building increases the overall square footage in excess
of the area limits allowed for the construction type, as set
forth in Table 503, a fire wall shall divide the building into
allowable areas.
SECTION 504
HEIGHT
504.2 Automatic sprinkler system increase.
Where a building is equipped throughout with an approved
automatic sprinkler system in accordance with Section
90131.1, the value specified in Table 503 for maximum
Florida Building Code Handbook 53
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Kiii 111110-1
TYPE OF CONSTRUCTION
TYPE
TYPE I
TYPE 11
IV
HEIGHT
A
6
A
B
HT
(feet)
UL
160
65
55
65
GROUP
HGT (S)
S
UL
5
3
2
3
A -1
A
UL
UL
15,500
8.500
15,000
S
UL
11
3
2
3
A2
A
UL
UL
15,500
9,500
15,000
S
UL
11
3
2
3
A -3
A
UL
UL
15,500
9,500
15,000
S
UL
11
3
2
3
A -4
A
UL
UL
15,500
9.500
15,000
5
UL
UL
UL
UL
UL
A -5
A
UL
UL
UL
UL
UL
5
UL
11
5
4
5
B
A
UL
UL
37.500
23,000
35,000
S
UL
3
2
3
E I D
A
UL
UL
26,500
14,500
25,500
S
UL
11
4
4
4
M
A
UL
UL
21,500
12,5D0
20,500
S
UL
-11
4
3
4
S -1
A
UL
i 45,000
26,000
17,500
1 25,500
UL = Unlimited, NP - Not permitted
a See the following sections for general exceptions to Table 503:
1 Section 504 2, Allowable height increase clue to automatic sprinkler
system installation
2 Section 5062. Allowable area increase due to street frontage
3 Section 506 3, Allowable area increase due to automatic sprinkler
system installation
4 Section 507, Unlimited area buildings.
b For open parking structures. see Section 405 3
Area separations require a fire wall constructed as defined
in Section 702. 1, Florida Building Code.
When the square footage of an addition to an existing
building increases the overall square footage in excess
of the area Limits allowed for the construction type, as set
forth in Table 503, a fire wall shall divide the building into
allowable areas.
503.1.2 Buildings on same lot.
Two or more buildings on the same lot shall be regulated
as separate buildings or shall be considered as portions �\
of one building if the height of each building and the
aggregate area of buildings are within the limitations of
'table 503 as modified by Sections 504 and 506- The
provisions of this code applicable to the aggregate building
shall be applicable to each building.
503.1.5 Group A and E basements.
Group A and E basements used as classrooms or
assembly rooms shall be counted as a story,
When the square footage of an addition to an existing
building increases the overall square footage in excess
of the area limits allowed for the construction type, as set
forth in Table 503, a fire wall shall divide the building into
allowable areas.
SECTION 504
HEIGHT
504.2 Automatic sprinkler system increase.
Where a building is equipped throughout with an approved
automatic sprinkler system in accordance with Section
90131.1, the value specified in Table 503 for maximum
Florida Building Code Handbook 53
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Kiii 111110-1
Chapter 5 : General Building Heights And Areas
height is increased by 20 feet (6096 mm) and the
maximum number of stories is increased by one. These
increases are permitted in addition to the area increase in
accordance with Sections 506.2 and 506.3.
Exceptions:
1, NA
2 Fire areas with an occupancy in Group H -1, H -2,
H -3 or H -5.
3 Fire- resistance rating substitution in accordance
with Table 601. note h
SECTION 506
AREA MODIFICATIONS
506.1 General.
The areas limited by Table 503 shall be permitted to be
increased due to frontage (l) and automatic sprinkler
system protection (I.) in accordance with the following:
A0= fAa + [Al ,xlJ +rArX[J)
(Equation 5 -1)
where.
.Allowable area per floor (square feet)
Tabular area per floor in accordance with
Table 503.(squarp. fpet).
l , = Area increase factor due to frontage as
calculated it) accordance .with Section
506.2.
1 = Area increase fectoi True to sprinkler
protection as calccrlated in accordance
with Section 506.3,
506.1.1 Basements.
A simile basement that is not a story above grade plane
need not be included in the total allowable area, provided
such basement does not exceed the area permitted for a
building with no more than on e story above grade plane.
506.2 Frontage increase.
Every building shall adjoin or have access to a public way
to receive an area increase for frontage. Where a building
has more than 25 percent of its perimeter on a public
way or open space, having a minimum width of 20 feet
(6096 mm), the frontage increase shall be determined in
accordance with the following.
54 Florida Department of Education
12/13/2011 Item 16.A.21.
/f= [F /P- 0.25]1N/30
(Equation 5 -2)
where:
! , =
Area increase due to frontage.
F =
Building perimeter which fronts on a
public vvay or open space having 20 feet
('6096 man) opera minimum width (feet).
P =
Perimeter of entire Ludding (fee!)_
W =
Width of public way or open, space (feet)
in accordance with Section 506.2 1
506.2.1
Width limits.
"VV" must be at least 20 feet (6096 mm). Where the
value of W varies along the perimeter of the building, the
calculation performed in accordance with Equation 5 -2
shall be based on the weighted average of each portion
of exterior wall and open space where the value of W
is greater than or equal to 20 feet (6096 mm). Where
W exceeds 30 feet (9144 mm), a value of 30 feet (9144
mrn) shall be used in calculating the weighted average,
regardless of the actual width of the open space.
Exception: The quantity of W divided by 30 shall
be permitted to be a maximum of 2 when the building
meets all requirements of Section 507 except for
compliance with the 60 -foot (18288 mm) public way
or yard requirement, as applicable.
506.2.2 Open space limits.
Such open space shall be either on the same lot or
dedicated for public use and shall be accessed from a
street or approved fire lane.
506.3 Automatic sprinkler system increase.
Where a building is equipped throughout with an approved
automatic sprinkler system in accordance with Section
903.31.1, the area limitation in Table 503 is permitted
to be increased by an addition a1 200 percent (1, =?) for
buildings with more than one story above grace plane
and an additional 300 percent (1, =3) for buildings with no
more than one story above grade piane. These increases
are permitted in addition to the height and story increases
in accordance with Section 504.2.
Exceptions: The are2 limitation increase shall not be
permitted for the following conditions-
The automatic sprinkler system increase shall
not apply to buildings with an occupancy in Use
Group H -1.
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12/13/2011 Item 16.A.21.
Community school of Naples FBC staff analysis:
Per Florida Building Code 503.1 the height and area for buildings of different construction types shall be
governed by the intended use of the building and shall not exceed the limits in Table 503. Per table 503, the
lowest maximum allowable height is 40 feet, therefore the request for 32 feet high building is in compliance
with the Florida Building Code.
Please see height limitations
Table 503
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TYPE OF CONSTRUCTION
TYPE I
TYPE II
TYPE III
TYPE IV
TYPE V
A
B
A
B
A
B
HT
A
B
GROUP
HGT(feet)
UL
160
1 65
55
65
55
1 65
50
40
HGT(S)
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12/13/2011 Item 16.A.21.
COLEMAN, YOVANOVICH & KOESTER, P.A.
ATTORNEYS AT LAW
Kevin G. Coleman
Richard D. Yovanovich
Edmond E. Koester
William M. Burke
Gregory L. Urbancic
Matthew L. Grabinski
Writer's Email:
ryovanovich@cyklawfirm.com
Nick Casalanguida
Collier County Transportation
2800 Horseshoe Drive
Naples, Florida 34104
NORTHERN TRUST BANK BUILDING
4001 TAMIAMI TRAIL NORTH
SUITE 300
NAPLES, FLORIDA 34103
239 -435 -3535
239 -435 -1218 FACSIMILE
www.cvklawfirm.com
RE: Community School of Naples
Dear Mr. Casalanguida,
October 24, 2011
Linda C. Brinkman
Craig D. Grider
Matthew M. Jackson
Jeffrey J. Beihoff
Harold J. Webre
Caroline M. Magliolo
Charles A. B. Thomson
David Kerem
O Counsel:
Kenneth R. Johnson
Via Email: nickcasalanguida @colliergov.net
As we discussed at the meeting on October 7, 2011, the Community School of Naples property is
currently zoned CF - Community Facilities. More recent buildings have been constructed under
the CF Zoning district requirement. The property was formerly zoned Agricultural and had a
conditional use allowing some of the older school buildings to be constructed. The property has
been developed under both the Agricultural and Community Facility zoning categories.
Therefore, there is confusion regarding the building heights allowed on the property. In addition
it appears that the upper school was approved and constructed at a zoned building height of 32
feet while the Community Facilities Zoning District only allows a zoning height of 30 feet. To
address the confusion regarding the buildings constructed under the old Agricultural zoning and
the current Community Facilities zoning, Community School of Naples will be processing a
PUD Re -zone Petition to establish uniform heights throughout the property.
In the meantime, the Community School of Naples is proposing to go forward with the
completion with the upper school building. In order to proceed with the addition of the new
wing to be added to the existing upper school building at the current 32 feet zoned building
height, the Community School of Naples is requesting that Collier County issued to it a building
permit to allow it to go forward at the 32 foot height. The Community School recognizes it is at
risk that the PUD zoning will be not be improved in time for the building to receive a Certificate
of Occupancy or it may be denied and therefore the building must be constructed at the height of
30 feet zoned. We are requesting that the County issue the building permit with the 32 foot
zoned height while we process the PUD Zoning Application.
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12/13/2011 Item 16.A.21.
October 24, 2011
2
If you have any questions regarding this matter, please feel free to contact me.
Sincerely,
Richard Yovanovich
Cc: John E. Zeller Jr., Head of School (via mail: 13275 Livingston Road, Naples, FL 34109)
RDY /dq
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