DSAC Minutes 04/18/2018 LDRApril 18,2018
MINUTES OF THE COLLIER COLTNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW
SUBCOMMITTEE
Naples, Florida, April 18,2018
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 Department Building, Room 609/610 2800 N.
Horseshoe Drive, Naples, FL with the following persons present:
Chairman: Clay Brooker
Blair Foley
Robert Mulhere (Excused)
Brad Schiffer (Excused)
ALSO PRESENT: Dan Summers, Director, Bureau of Emergency Services Division
Jeremy Frantz, LDC Manager
Rich Henderlong, Principal Planner
Eric Johnson, Principal Planner
Ellen Summers, Senior Planner
Mark Templeton, Principal Planner
Michael Bosi, Zoning Division Director
Michael Shaw, Emergency Management Coordinator
Lauren Bonica, Human Services Program Manager
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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 Gro*th Management Division - Planning and Regulation building.
1. Call to order
Mr. Brooker called the meeting to order at 3:l0pm. He noted he was the only one present and a
quorum could not be established. The meeting will be held for informational purposes with the
comments being reviewed by Staff and the proposed Amendments being brought forth to the
Development Services Advisory Committee for a recommendation.
2. Changes to Agenda
None
3, Old Business
None
4, Review of Amendments to LDC Sections:
a. LDC SECTION: 5.05.04 Group Housing
SUMMARY:The Amendment creates new requirements for assisted living facilities and
nursing homes, as defined by $$ a00 ard 429 F.S. requiring Emergency
Environmental Control Plans (EECP), and installation of permanent
emergency generators.
DESCRIPTION: The new State rules require nursing homes and assisted living facilities to
acquire altemative power sources, such as a generator, that ensure
sufficient cooling temperatures are maintained at 81 degrees Fahrenheit or
cooler, during extended power outages for at least 96 hours, to all of the
facility's residents.
The following points were discussed:
o Mr. Brooker wanted to know why staff chose to adopt some of the State standards and not
alt. He expressed concem the State already has requirements and the County may be
duplicating the efforts or preempting State requirements.
o Mr. Brooker noted that the anticipated fiscal impacts are "not insignificant," and he was
pleased the industry was willing to absorb the additional costs of complying the additional
requirements.
o Mr. Brooker felt the new regulations will help the industry against potential litigation.
o Mr. Brooker was concemed about code enforcement action being taken too quickly against
non-compliant facilities.
o Mr. Curl inquired about whose responsibility it will be to enforce the regulations. He also
asked about follow-up maintenance inspections.
o Mr. Brooker asked if the fuel tanks for the generators are generally above-ground or below-
ground.
o Mr. Brooker asked staff to clarifu if the proposed LDC regulations were more stringent than
the Comprehensive Plan with regards 72 hours of generator run-time compared to 96 hours.
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Staff reported:
a
a
The proposed State standards that were chosen will reinforce the rcquirements that
staff determined to be issues after the most recent hurricane. Some of the State
standards have little to no enforcement at the State level, and adopting the proposed
standards will allow the County to enforce said standards. With respect to
preemption, staff hasn't received any comments from the County Attomey's Office,
but staff will request an official statement from them.
Staff had a training session with the Florida Department of Elder Affairs and the
Agency for Health Care Administration. The Govemor signed a bill on March 28,
and there are April suspense dates that every nursing home and licensed facility needs
to report with respect to their Emergency Power Plan (EPP). Staff assisted the
licensed facilities in creating a EPP template to help facilities meet this requirement.
Fines are approximately $1,000 per day for non-compliance. Staff determined there
are a few missing pieces in the State legislation that would help build a
Comprehensive Emergency Management Plan (CEMP), which will be a plan for the
facility - "How to shelter?" and "How to evacuate?" - and now this new Appendix,
which is their EPP. Staff showed the EPP to the industry (i.e., Florida Assisted
Living Association and a webinar) and received no push-back. The CEMP legislation
had been drafted in the 1990s and it had not been updated. In comparison, the EPP is
"current technology," including information such as square footage, generator loads
and run-times, and fuel consumption. ln the CEMP, staff was encouraged by the
State to have some local rule to meet our needs. Jurisdictions can ask for finished
floor elevations and the elevation for the generator to assist staff in determining
whether a facility can shelter-in-place or needs to evacuate. Staff wants the local
activity to piggyback the State legislation, particularly in the event of any future court
challenges.
Facilities are required to submit an EPP to the local emergency management agency
by April 25,2018 for implementation to occur by June 1, 2018. A six-month
extension may be granted until January 1,2019. Facilities may submit an ad hoc
power plan for this season while they're working on something permanent. They can
bring in a towable generator and spot coolers to demonstrate compliance, or they can
document that they have either rental equipment under contract or rental equipment
on-site.
The State legislation did not reference NFPA 99, which addresses generator standards
for a Class I (facitity) - the equivalent to hospitalJevel readiness and preparedness.
NFPA 99 addresses preventative maintenance, load-testing, and documentation of
load-testing. In the proposed amendment, the County will ask the question, for
example, "Has your fuel been properly sampled?" The County Emergency
Management staff will require attestation from a 3'd party, such as from an authorized
manufacturer's representative, local service dealer, or electrical contractor, who has
done an evaluation ofthat generator for PM fuel retiability and load-transfer.
The fuel tanks for generators are typically installed above-ground.
Staffnoted the Comprehensive Plan requires 72 hours of climate control, whereas the
LDC amendment proposes 96 hours.
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Staff to conlact the County Attorney's Office to determine any issues with County adopting the
regulations which may preempl the State Statate.
b. LDC SECTION: 5.05.05 Facilities with Fuel Pumps
SUMMARY:The Amendment clarifies the requirements to install a generator transfer
switch at gas station facilities and introduces the requirement to install a
permanent an emergency generator.
DESCRIPTION: At the Board of County Commissioners Work Session on November 7,
2017, Staff presented several regulatory responses to the After-Action
Findings regarding the County's Hurricane lrma Response. Regulatory
Action #3 suggested strengthening the emergency generator requirements
for commercial gas stations located near the interstate highway and multi-
pump stations located further inland.
The following points were discussed:
o Mr. Brooker asked staff to clarify if the County may be duplicating or preempting State
requirements that are already in place.
o Mr. Brooker commented that he saw no Fiscal or Operational Impacts, which he thought was
inaccurate.
. The requirement for installation of generators/transfer switches (GTS) applies to newly
constructed service stations, those within % mlle of I75 or existing facilities with a
renovation of 50 percent or greater assessed value of a structure. What part of structure
qualifies for the assessed value (main building, pump areas, both, etc.)?
o Mr. Curl asked about the screening of accessory structures from public rights-of-way. He
also talked about landscape maintenance, a topic of discussion that is pertinent to other
amendments as well. He made a general comment about noise abatement for generators and
later mentioned that hedges have very little noise abatement qualities.
Staffreported:
r Anticipated fiscal or operational impacts were yet to be determined. Staff intends to
identi$ the impacts to the County as well as to facilities with fuel pumps.
The problem with the existing State regulations is that there is no enforcement capability
or penalty for non-compliance.
After Hurricane lrma, the gas stations complained that fuel shortages were primarily
caused by the following: 1) facilities having the GTS were depending upon the arrival of
temporary equipment that never came in or not installed; and 2) the lack of
communications and intemet connectivity to assist with POS. Establishments, such as
Costco and Sam's Club, transmit via satellite for their POS; however, smaller retailers
rely on Comcast Cable Business or other type of communication.
. With respect to the assessed value of a facility, it was not staffs intention to draft
regulations that are stricter than the State statutes.
o No new screening or noise abatement requirements are being proposed.
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StuIf b check on any conJlicts or preempting of State regulations and clarify the paramelers
for the assessed value requirements.
LDC SECTION: 5.05.17 Residential Developments with Community Clubhouses or
Recreational Facilities (New Section)
SUMMARY:The amendment establishes new standards for community clubhouses or
recreational facilities in residential developments, aiding the County's
response and recovery after an emergency event.
DESCRIPTION: At the Board's Work Session on November 7, 2017, Staff presented
several regulatory responses to the After-Action Findings regarding the
County's Hurricane lrma Response. Regulatory Action #2 suggested
creating a local ordinance to help address evacuation shelter deficits.
The following points were discussed:
o Mr. Brooker was concemed about the increased cost to individual homeowners.
. Mr. Curl was concemed about gated communities and requiring them to have access
easements.
o Mr. Curl commented that many lift stations failed and suggested that the provisions
should be directed towards downstream lift stations.
o Mr. Brooker and Mr. Cur[ were not supportive of this amendment, and Mr. Brooker felt it
was overreach.o Mr. Brooker has concerns requiring the installation of generators for clubhouses 10,000
square feet or greater in area when some owner's have already incurred the expense (of
having their own personal generator) and would in effect be palng twice for the
convenience. Mr. Brooker and Mr. Curl were supportive of an "opt-in" incentive for
home owners (and condominium) associations (HOAs) in exchange for some benefit for
which they would be willing to participate in financially.o Mr. Brooker asked ifa generator is required for the County to engage in discussions with
HOAs for the use oftheir clubhouse lacking a permanent generator.
o Mr. Curl suggested creating a strategic location map wherein it be beneficial to identiff
areas in the County in need of facilities and target certain neighborhoods given the efforts
may be duplicated ifother similar services are available nearby (shelters, etc.).
Staffreported:
o The intent ofthe amendment is to provide options to public sheltering, particularly in
newer communities and those in less vulnerable areas. Staff wants to promote
sheltering-in-place (at home when safe) and utilizing the clubhouse as a post-
emergency distribution point. If a community elects to take refuge in their clubhouse,
they now have a local option, but they are responsible for managing their refuge. If it
is a govemment-sponsored evacuation location, then it will be considered a shelter.
Staff wants to give a local option to communities to use their clubhouse to access
communications, shower and hygiene areas, and obtain emergency supplies.
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added expense may create a disincentive to redevelop existing shopping centers,
especially in times of an economic downtum.o Mr. Curl informed staff of the potential for lawsuits to existing sites having conflicts
between exterior lighting parking lot landscaping. He mentioned that root barriers do not
work 100 percent of the time. With respect to proposed language pertaining to landscape
buffers and the requirement that trees be 30-foot on center, Mr. Curl cited the Southem
Live Oak as a species that will grow so dense in 20 years that it will conflict with the
other trees.o Mr. Brooker asked ifany landscape architects were consulted.
o Mr. Curl questioned whether visibility (to the buildings within a shopping center) was
such as issue anyrnore now that people have smart phones and can use the latest
technology.
r Mr. Foley asked if this issue was brought before the BCC by one or several
circumstances. Mr. Curl noted this issue was brought to the BCC in at least two
circumstances: Riverchase Commons and Pelican Bay Marketplace.
o Mr. Brooker asked staff to send out the emails again to the private-sector landscape
architects. Mr. Curl suggested reaching out professionals who usually submit on behalf
of the landscape architects (to eventually get the feedback from the landscape architects).
Discussion tumed again to reaching out to property managers.
Staff reported:
i.
Staff did not analyze whether an existing parking lot island could accommodate the
size of a root ball for an 8-inch caliper tree.
The intent of the provisions is to plant fewer trees in the buffer to allow for larger
spacing between trees. This spacing will provide the visibility that is sought by the
property owners.
Staffreceived feedback from several of the County's landscape architects.
Input was sought from private-sector landscape architects without much response and
agreed that it may be beneficial to re-contact the professionals and gamer input from
other sources such as aftomeys, commercial property managers, etc.
Staff felt this tree removal landscaping issue has been brought up to the Board several
times.
f. LDC SECTION(S): 1.08.02 Definitions 2.03.03 Commercial Znning Districts 2.03.04
Industrial Zoning Districts 2.03.06 Planned Unit Development Districts 2.03.07 Overlay
Zoning Districts 5.05.16 Medical Marijuana Dispensaries (New Section)
SUMMARY:This amendment allows medical marijuana dispensaries to become a new
permitted land use in the same zoning districts as a pharmacy or a drug
store.
On December 12, 2017 , the Board of County Commissioners extended a
temporary moratorium on Cannabis dispensing businesses to June 30,
2018. The extended date was authorized to grant staff enough time to
analyze and evaluate any changes to F.S. 381.986 relative to the medical
use of marijuana that was under consideration by the 2018 Florida
DESCRIPTION:
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legislature. Because the legislative session ended without an amendment,
the Board directed staff on March 13, 2018, to publicly vet a land
development code amendment to permit medical marijuana dispensing
facilities in the same zoning districts as pharmacies and not located within
500 feet of a public or private elementary, middle, or secondary school. A
brief review of the current regulatory framework to medical marijuana
dispensing facilities, as distinguished from the cultivation and processing
and the delivery of medical marijuana is provided below to clarifu some of
the administrative provisions of F.S. 381.986. Afterwards, the specific
changes to the land development code are described.
The following points were discussed:
o Mr. Brooker wanted to ensure the proposed amendment is consistent with State Statutes.
With respect to the maximum number of facilities, the narrative should identiff the number
of dispensing facilities allowed in the various Counties in the Southwest Florida region. Mr.
Brooker asked about signage and the proposed language indicating, "avoid marketing toward
children or which promote recreational use."
r Mr. Curl suggested including a cross-reference to the sign code in the proposed provisions.
With respect to exterior lighting within off-street parking areas, he desired more specificity in
the ordnance by referencing the Illuminating Engineering Society (lES).
o Mr. Brooker questioned the proposed provisions as they relate to the delivery vehicles.
Concem the requirements are above those required for conventional pharmacies and the
proposal may face legal challenges.
Staff reported:
. The amendment proposes to regulate medical marijuana dispensaries similar to
pharmacies.
o The proposed amendment is similar to those previously brought forth but
incorporates additional security and signage measures consistent with State
Statute.
r The changes are proposed to address concems raised by the Board of County
Commissioners. When deciding to include or exclude the provisions of the State
Statute into the proposed ordinance, Staff chose to focus on retaining "land use"
types of issues.
r The Florida Statutes references "adequate lighting."
o Section 5.05.16 D.l.d requires transport vehicles be housed indoors to deter
criminal activity and promote safety.
5. Public comments
None
There being no further business for the good ofthe County, the meeting was adjourned by the
order of the Chair at 5:00PM.
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Packet Pg. 288 Attachment: DSAC-LDR 4-18-2018 Minutes signed (6304 : Development Services Advisory Committee - August 1, 2018)
These Minutes were approved by the Committee on
amended
April 18,2018
COLLI ER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE - LAND DEVELOPMENT
REVIEW SUBCOMMITTEE
/
as presented y' , or as
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Packet Pg. 289 Attachment: DSAC-LDR 4-18-2018 Minutes signed (6304 : Development Services Advisory Committee - August 1, 2018)