DSAC Minutes 09/06/2006 R
September 6, 2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, September 6, 2006
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 1 :00 PM in Conference Room 610 in the
Collier County Development Services Center, Naples, Florida, with the
following members present:
CHAIRMAN: Clay Brooker
Charles Abbott
James Boughton
David Bryant
Dalas Disney
David Dunnavant (excused)
Marco Espinar
Blair Foley
George Hermanson (excused)
Reed Jarvi
Brian Jones (absent)
Thomas Masters
Robert Mulhere
Fred Reischl
STAFF PRESENT: Joe Schmitt, Administrator, CDES
Don Scott, Phil Tindall, Trinity Scott, Transportation
Catherine Fabacher, LDC Coordinator
Mike Sawyer, Senior Planner, Zoning
Barbara Burgeson, Environmental Services
Marlene Stewart, CDES Administration
September 6, 2006
I. CALL TO ORDER:
The meeting was called to order by Chairman Clay Brooker at 1:15 PM after
a quorum was established.
II. APPROV AL OF AGENDA:
On a motion by Tom Masters, seconded by Marco Espinar and unanimously
carried (8-0), the agenda was approved.
III. APPROVAL OF MINUTES - August 2, 2006
Changes: Spelling change on page 3 -- Lisa Koehler-not Keeler.
On a motion by Fred Reischl, seconded by James Boughton and unanimously
carried (8-0), the minutes of August 2, 2006 meeting were approved with
amended spelling change.
IV. STAFF ANNOUNCEMENTS
(Robert Mulhere arrived at 1 :20)
A. Community Development Services Update
Joe Schmitt reported on three upcoming workshops of interest to Board
Members. These are to be held at 9AM in BCC chambers:
· September 19 - Panther Mitigation Rezoning and Affordable Housing, Rock
Edge and Median Village - Consistency vs Concurrence
· September 27 - EDC Affordable Housing - Rural Lands Rules to restrictions
· October 2 - Rural Lands, Permitting and Permitting activities build zone
utilities environment land use
· First public hearing for budget is tomorrow.
B. Transportation Division Update
Don Scott reported on the Proportionate Share topic and the discussion of
Ordinance change for" pay as you go" going to the BCC at the beginning of
November. He will provide a layout of details for the DSAC members at the next
DSAC meeting on October 4, 2006.
Members requested an update on the Golden Gate Overpass and Davis Blvd
Don Scott stated that:
. Overpass was scheduled for completion by February of2007. However, there
have been problems with obtaining steel for the project and delay is expected.
. Davis Blvd - they are dealing with FDOT and developers with contributing
agreements and Right of Way donations to minimize impact on public.
C. Public Utilities Division Update -Roy Anderson - Not present - No report
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September 6, 2006
D. Fire Review Update - Ed Riley - Not present - No Report
V. OLD BUSINESS
A. LDC Amendments 2006 Cycle I presentation, discussion and vote
(Handouts- LDC Amendment Request / LDC Amendments Summary Sheet)
Catherine Fabacher led the presentation and discussion of the following LDC
proposed amendments, with corrections made thus far, as shown on the Summary
Sheet
4.02.23 Development in the Activity Center #9 Zoning District
· Change isfor addingfreestanding clock towers as an architectural design
feature in Activity Center#9 Zoning District as part of a settlement agreement
between the County and City Gate Development, LLe.
(David Bryant arrived at 1 :25)
Discussion revolved around questions of adding text to include attached clock
towers as well as freestanding, if not in conflict with the settlement agreement.
Ms Fabacher indicated that the language could be re-worded to include attached
clock towers with no conflict.
On a motion by Robert Mulhere, seconded by Jim Boughton and carried
unanimously 10-0, members voted to recommend for approval ofthe
amendment, with the inclusion of text changes showing allowance of attached
as well as freestanding clock towers.
4.06.05 B4 and B5 and Cl-9 General Landscaping Requirements
· Change is for amending regulations to simplify building foundation planting
standards for all buildings
Mike Sawyer, Senior Planner Zoning Land Development Review, explained the
various points and revisions of the amendment changes. He made note ofthe
renumbering of items 1 through 10 to 1 through 9 in paragraph C and the table
and illustration -4.06.05 C
(Charles Abbott arrived at 1 :50)
Lengthy discussion revolved around changing various components of Building
Foundation Planting Requirements, including:
· Re-wording of various paragraphs, adding an additional paragraph, re-
numbering of items 5 through 10.
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September 6, 2006
· clarification of the definition of primary fac;ade and where applied according
to code
· clarification of mini storage facility as commercial or industrial
· need for more protection of aesthetic accoutrements in commercial vs
industrial zones
On a motion by James Boughton, seconded by Blair Foley and unanimously
carried 11-0, members voted to recommend approval with the following
revised changes to Item C:
· Second sentence to read "All commercial buildings, residential buildings
with 3 or more units and retail and office areas located within industrial
zoning districts or industrial components of PUD's shall provide..."
· Paragraph 3- change "item 10 below" to "item 9 below"
· Paragraph 4 -change "criteria 7 below" to "criteria 6 below"
· Paragraph 8- delete the word "access"
· Re-number paragraphs 1 through nine to 1 through 10
· Add an additional paragraph number 10 laying out provisions for mini or
personal self storage facilities warehoused within commercial zoning
districts or commercial components of PUDs; and, that foundation
planting requirements apply only to the primary fa~ade as long as
architectural design standards are met.
· Provide footnotes to all three items in Table C. showing different
calculations for mini storage/personal self storage type facilities to only
apply to primary fa~ade
· Add an additional section, where appropriate, stating - "Foundation
plantings shall not require building setbacks in excess of the minimum
zoned requirements."
Clay Brooker suggested to Mike Sawyer that whoever drafts the new
paragraph 10 refer to the Standard Industrial Classification Code.
4.06.5 N General Landscaping Requirement
.
Change is for relocation of landscape requirements for natural and artificial
water bodies, including stormwater facilities, from section
4.06.02 D.5. to section 4.06.05 N. to avoid applicability confusion.
On a motion by Robert Mulhere seconded by Tom Masters and carried
unanimously 11-0, members voted to recommend approval ofthis item.
5.03.02 Fences and Walls
.
Change is to add a requirement for walls or fences to be placed between
nonresidential uses located contiguous to or opposite residential uses.
Discussion revolved around where and when this occasion would apply; no
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September 6, 2006
provision had been made for interconnects; and problems that might arise as more
and more re-development projects are planned. Various members made requests
for a language change in Paragraph lOa, in order to avoid conflicts.
On a motion by Fred Reischl, seconded by David Bryant and unanimously
carried 11-0, members voted to recommend approval as amended with the
change to paragraph 10 to read as follows:
"Whenever a nonresidential use lies adjacent to a residential use, said non-
residential use shall provide a masonry wall or prefabricated concrete fence
along the shared boundary, except in those locations where an interconnect
or roadway exists; or as otherwise required elsewhere in the code."
5.05.08 Exterior Building Color
· Change is to adopt the Collier County Architectural Color charts establishing
visual standards for classification of permitted colors in all zoning districts
and overlays.
Discussion revolved around the need for DSAC to be able to review the final
product before giving any recommendation. There was no issue with the color
samples shown. However, the acceptable color range variations have not been put
forth and the Board preferred to wait until the actual completed charts are
provided. They cannot judge, select or choose or set an effective date without
seeing the actual charts. These could be ready within six months.
On a motion by Fred Reischl, seconded by Dalas Disney and carried
unanimously, 11-0, the recommendation for approval will be given predicated
on the DSAC receiving and reviewing and approving the final product. The
effective date is to be upon approval by BCC.
5.06.03 Dock Facilities
· Change is to add boat canopies as an accessory use, under the same terms as
boathouses, as a permitted use in all zoning districts.
Joe Schmitt gave some background information for the amendment change.
(Reed Jarvi left at 2:42 PM)
Tom Masters moved to recommend approval, seconded by Robert Mulhere.
Discussion ensued on items Ga., c. - dimension questions; item e. wording not
definitive enough and item f. adding within color ranges as defined in 5.05.08 and
only monochrome or solid colors.
On an amended motion by Tom Masters and an amended second by Robert
Mulhere and carried unanimously 10-0, recommendation for approval was
given conditioned on the following changes:
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September 6, 2006
Item G. c. -add ...to the peak ofthe canopy.
Item G. e. -to read: "Boat lift canopies shall meet the design and construction
requirements of Awnings and Canopies as outlined in the Florida Building
Code."
Item G. f. -to read: "Canopy color material shall be limited to colors that will
blend in with the surrounding habitat and only monochromatic or solid colors
that will be within the acceptable color ranges as defined in LDC, Section
5.05.08.
At this time, the Chairman elected to take up item IV New business item B.
VI. NEW BUSINESS
B. DSAC vacant position candidate application review - DSAC selection for
presentation to BCC
Following a discussion of the five candidates and their letters of application,
Charles Abbott moved to nominate Mr. Varian, seconded by Robert
Mulhere.
Marco Espinar moved to nominate Mr. Berringer, seconded by James
Boughton.
Discussion followed on recommending a primary candidate and a secondary
candidate to the BCC according to the candidate with the most votes.
On an amended motion by Charles Abbott and an amended second by
Robert Mulhere to nominate William Varian, the motion carried 7 -3. Mr.
Masters, Mr. Boughton and Mr. Espinar opposed.
On an amended motion by Marco Espinar and an amended second by James
Boughton to nominate Len Berringer, the motion carried 6-4. Mr. Abbott,
Mr. Bryant, Mr. Disney and Mr. Foley opposed.
On a motion by David Bryant, seconded by Dalas Disney and carried 10-0,
the DSAC voted to recommend to the BCC, William Varian as the primary
nominee and Len Berringer as the secondary nominee for appointment to
Development Services Advisory Committee.
It was decided at this time to consider the Utilities Standard Manual Update
and for the sake of time constraints, members could look over the material
handed out, during the break.
BREAK-3:01 PM
(Reed Jarvi returned at 3: 14 PM)
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September 6, 2006
The meeting re-convened at 3: 17 PM.
VI. New Business
A. Utilities Standard Manual Update (USM)- presentation, discussion and
vote. (Handout)
Clifford Pepper, of Hole Montes, Inc. was available to explain the changes and
updated items as shown in the handout titled Summary of Significant Changes
from July 2005 USM as approved by the DSAC subcommittee.
Brief discussion followed with the members agreeing to go along with the
subcommittee recommendations with the exception of the portion of the lift
station detail regarding telemetry.
On a motion by Tom Masters, seconded by Blair Foley, and carried
unanimously 11-0, the committee recommended approval, as recommended
by the DSAC subcommittee, with the exception of adding a statement
confirming that in private lift station systems, telemetry is not required.
As requested by members, Mr. Pepper will provide copies of the manual upon
final approval by the BCC at their meeting during the second week of October.
Printing should be done approximately two weeks after that.
V. Old Business - Returning to LDC Amendments 2006 Cycle I
3.05.07 H Preserve Standards
· Change is to amend the minimum requirement to identify 75% of the preserves
on the PUD master plan; to require 95%
Barbara Burgeson, Environmental Specialist presented the reasons for the
change.
Lengthy discussion followed on:
· the differing of interpretations of amendment
· the fact that the Planning Commission has recommended denial.
· Challenges by affected property owners
· Changes not necessary- owners responsible for identifying preserve on plat
· Holding up SDP until plan approval by all impacted
· Already in-place safeguards for 100% of native vegetation
· Problems with preserve percentages in PUD extensions
(Blair Foley left at 3:32 PM)
On a motion by Robert Mulhere, seconded by David Bryant and carried
unanimously 10-0, the members voted to deny recommendation of approval.
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September 6, 2006
5.03.06 I Protection of Seagrass Beds
· Change is to make the requirement for a site visit for boat dock permitting
optional based on opinion of staff.
Brief comments and discussion regarding an addition to item 1.
On an amended motion by Robert Mulhere, seconded by Marco Espinar and
carried 10-0, approval was recommended, with the following sentence added
to item #1.
"At the sole discretion of the County Manager or designee, a site visit may
not be necessary to verify the location of seagrass beds."
8.06.03
8.06.04
Powers and Duties
Membership
· Change is to add two alternate members to the Environmental Advisory
Council (EAC), to clarify when EAC review of stormwater in preserves is
allowed and to correct a reformatting error.
Barbara Burgeson answered questions of qualifications, technical expertise and
participation of alternates as well as questions on the appeal process.
Concerns were for alternates not being fully apprised of issues, number of re-
codification errors missed on review and code for administrative appeal direct to
BCC (250-58).
Chairman Brooker pointed out a spelling error in 4th sentence of 8.06.10
Appeals (than, not then) and requested assurance that 250-58 would be adhered to
Jeff Klatzkow, of the County Attorney's office arrived at 3:55 to give a statement
on conditions of "no avenue of appeal" and assured members that amendment
change does not impinge on any existing rights.
On a motion made by Marco Espinar, seconded by Robert Mulhere and
carried 6-3, approval was recommended. David Bryant, Dalas Disney and
Reed Jarvi opposed.
(Dalas Disney left at 4:05 PM)
10.02.02 Submittal Requirements for All Applications
· Change is to eliminate the requirement for an Environmental Impact
Statement (EIS) for changes in zoning not requiring approval of a site
development plan
Comments and discussion of item 4. vi. (Information required for application) and
item 7. h. (Exemptions).
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September 6, 2006
On 4. vi. -it was explained by Barbara Burgeson that the wording was right from
Planning Council and engineers verified.
On 7.h. - clearer wordingfor "Conventional zoning" was suggested
On a motion by Marco Espinar, seconded by Tom Masters and carried 8-1,
recommendation for approval was voted, with the amended wording of the first
sentence in item 7.h. to read: "A rezone other than a PUD with no site plan or
proposed development plan. "
3.05.07 H Preservation Standards
. Change is to add criteria to allow storage of treated stormwater in wetland or
hydric preserves when this will benefit the preserve and native vegetation and
have no negative impact on preserve, uplands, native vegetation or listed
species within or adjacent to preserve.
Barbara Burgeson fielded several questions on item 1. Paragraph i. a), ii. a), ii.b),
ii. d) and an added ii. e) recommended by the EAC. A lengthy discussion
followed with some language changes inserted.
On a motion by Marco Espinar, seconded by Tom Masters and carried
unanimously 9-0, recommendation for approval with the following changes
and additions:
1. Design Standards
ii. Treated stormwater subiect to the following criteria
a) Strike the word "solely" and add (after hydric soils) "or hydrophilic
vegetation in association with that community".
b) Add (after a combination thereof); including upland buffers in
accordance with SFWM standards. (Recommended by EAC)
Replace the word "with" with the words "utilized by" in lines two and
four. (Recommended by EAC)
Replace the words "those listed species" with the words" Gopher
Tortoises, Scrub Jay's, Indigo Snakes and Burrowing Owls."
(This re-wording was on an amended motion by Marco Espinar and an
amended second by Tom Masters, carried unanimously 9-0)
ADD ii.j) A deviation procedure for Staffwill allow for review of
alternative plans to insure plan will benefit wetlands and will be of no
adverse impact to uplands. Deviation process will follow appeals process.
(Recommended by EAC)
(Marco Espinar left at 4:45pm)
10.02.13 PUD Procedures
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September 6, 2006
. Change is to remove the PUD document and replace with a PUD rezone
application with a development standards table.
After a brief discussion and on a motion by Robert Mulhere, seconded by
Reed Jarvi and carried unanimously 8-0, approval was recommended.
9.04.04 Specific Requirements for After-the-Fact Encroachments
. Change is to modify text to clarify that allowable encroachments apply to
both principal and accessory structures and to add language omitted during
re- codification which allows administrative process for minor improvements
to legally nonconforming residential structures.
Grammatical corrections noted by the Chairman, will be corrected by Staff are:
Paragraph A. item 1. Last sentence, after the word granted there should be a
colon and the word "or"
Paragraph B. add an "ly" to the word administrative.
Paragraph B. items 1 and 2 - Need to be complete sentences.
On a motion by Robert Mulhere, seconded by Reed Jarvi and carried
unanimously 8-0 recommendation is for approval, with the above corrections
to be included in amendment.
VII. SUBCOMMITTEE REPORTS
A. The Land Development Regulation - No Report
B. Utility Code - No Report
VIII. COMMITTEE MEMBER COMMENTS - None
IX. NEXT MEETING DATE - October 4, 2006 at 3:30 PM.
***********
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 5:35 p.m.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
Clay Brooker, Chairman
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