DSAC Minutes 10/10/2007 R
October 10, 2007
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, October 10,2007
LET IT BE REMEMBERED, that the Collier County Development Services
Advisory Committee in and for the County of Collier, having conducted
business herein, met on this date at 3:30 P.M. in REGULAR SESSION in
Conference Room #610 in the Collier County Community Development and
Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida,
with the following members present:
William Varian
Charles Abbott
David Bryant
Clay Brooker
Dalas Disney
David Dunnavant
Marco Espinar
Blair Foley
George Hermanson
Reed Jarvi
Thomas Masters
Robert Mulhere
Fred Reischl
James Boughton
Brian Jones
CHAIRMAN:
Excused:
Absent:
ALSO PRESENT:
Joe Schmitt, CDES Administrator
Catherine Fabacher, Principal Planner, LDC
Phil Gramatges, Public Utilities
Melissa Zone, Principal Planner
John KeJly, Planner
Stan Chrzanowski, Engineering Review Mgr
Susan. (stenes, Director, Zoning & Land
Development Review
M. Arnold, Director, Code Enforcement
Carolina Valera, Principal Planer
John Podczerwinsky, Transportation Dept.
,.___,..__" _"_~~"M>'____'~'
Marlene Stewart, Staff Liaison
Nick Casalanguida, Transportation Services
James French, Manager, Operations Support
Lisa Koehler, Public Information Coordinator
Robert Wiley, Principal Project Manager
S. Lenberger, Sr. Environmental Specialist
Ray Bellows, Manager, Zoning & Land
Development Review
Jennifer Belpedio, Assistant County Attorney
Mike DeRuntz, Principal Plarmer
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Revised 10-4-07 - AGENDA
October 10, 2007
1 :00 p.m.
Conference Room 610
I. Call to order
II. Approval of Agenda
III. Approval of Minutes from September 5,2007 meeting
IV. Staff Announcements/Updates
A. CDES Update - Joe Schmitt
B. Transportation Division Update - Nick Casalanguida
C. Public Utilities Division Update - Roy Anderson
D. Fire Review Update - Ed Riley
V. New Business
A. Catherine Fabacher - 2007-Cycle 2 LDC Amendment Requests - Time Certain: 2pm (or
earlier if Updates are complete before 2pm)
B. Mike DeRuntz-Flood Management Plan 2008 Draft for review and discussion
VI. Member Comments - DSAC Term Dates
VII. Adjournment
Next Meetinq Dates
November 7,2007 - CDES Conference Room 610 - 3:30 pm
December 5,2007 - CDES Conference Room 610 - 3:30 pm
October 10, 2007
I. Call to Order
The meeting was caJled to order by Chairman William Varian at 1:05 PM.
A quorum was established.
Chairman Varian asked Marlene Stewart, CDES Staff Liaison, if the Fee Schedule
Report submitted by Mr. Schmitt was to be added to the Agenda or ifit needed approval
before it could be heard.
Mr. Schmitt stated he preferred the Report to be considered as an action item, but he
would defer to the Committee's decision.
Chairman Varian stated due to the size of the Report, he was concemed that a vote
might be required to approve the Fee Schedule. He suggested it should be a separate
Agenda item.
Mr. Mulhere moved to add the Fee Schedule Report to the Agenda as a discussion
item only under Category V, "New Business," as Item C. Second by Mr. Reischl.
Carried unanimously, 12-0.
II. ADDroval of Al!enda
Mr. Foley moved to approve the Agenda as amended. Second by Mr. Masters.
Carried unanimously, 12-0.
III. ADProval of Minutes
Mr. Brooker moved to approve the Minutes of the September 5, 2007 meeting as
submitted. Second by Mr. Masters. Carried unanimously, 12-0.
Announcement
Chairman Varian stated for the record that he and Dalas Disney are also members of
The Fire Review Task Force. He had previously been advised by the County Attorney's
Office that it was not a violation of the Sunshine Law for both Mr. Disney and himself
to serve on both committees.
IV. Staff Announcements/Updates
A. CDES Update - Joe Schmitt
Chairman Varian inquired concerning the status of A. Roland Holt, Director of
the Building Review & Permitting Department.
Mr. Schmitt replied Mr. Holt was currently on paid administrative leave pending
the results of an investigation which was being conducted. He stated a final report
concerning this situation would be presented at a later time.
Mr. Reischl inquired about the topic "illegal lots" which had been presented at
the Board of County Commissioners hearing. He stated the Board said these lots
were subject to Transfer Density Rights (TDR).
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October 10, 2007
Mr. Schmitt stated the illegal lots were split after 1974, and prior to 1999, and did
not have any development rights attached to them. The BCC requested that he
prepare a proposal to allow TDR credits to be transferred from these lots. He
suggested there may be changes to the Comprehensive Plan and to the Land
Development Code in order to accomplish the Board's goal.
(Reed Jarvi arrived at 1: 15 PM)
A. Transportation Division - Nick Casalanguida
. The AUIR has been completed and will be submitted on October 15 - 16
. Construction of a majority of the road projects is running ahead of schedule.
. Construction on Collier Blvd. between Golden Gate Boulevard and Pine Ridge
may be ready in about a year
. The bonding company for the utility contract has come on board to assist with
the completion of the contractor's portion of the work on the Vanderbilt Beach
Road project
C. Public Utilities Update - Phil Gramatges for Roy Anderson
Mr. Gramatges stated the AUIR had been submitted to CDES. He also stated the
new Meter Sizing Form was now in use.
D. Fire Review Update - Ed Riley
There were no questions for Mr. Riley.
V. New Business
C. Fee Schedule Report - Joe Schmitt
Mr. Schmitt stated the proposed fee for an initial rental registration (Change # I) will
be $30.00 per property (not "per unit"), and the annual renewal fee will be $20.00 per
property. The proposed late fee will be $10.00 per day with a cap of$80.00. He
further stated an additional line will be added concerning those properties having
certification from the State"... residential units with valid Department of Business
and Professional Regulations - DBPR - Certification for multiple rental units are
only required to pay one registration fee for all units covered under such
certification. "
Mr. Schmitt stated Change #7 is an LDC Amendment. The proposed fee is $3,000
for private filings, plus a $75.00 per hour charge for additional meetings with staff.
There are very few private submittals.
Mr. Mulbere asked if staff tracks its time when handling private filings. He
suggested the $3,000 fee should cover "x" amount of time and after it has been
exhausted, then the $75.00 per hour fee would be charged.
Mr. Brooker stated that each case should be viewed individually because not all
privately submitted proposals will be complicated.
Mr. Schmitt suggested the $3,000 fee would cover the first 40 hours of staff time,
and there would be a cap of $4,000 for the additional $75.00 hourly fees.
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October 10, 2007
A 25% surcharge for fast-tracking Affordable Housing/Essential Services
applications was proposed. (Change #10) A question was asked if the fee was in
addition to the other fees charged so that a fast-track applicant would pay 125%.
Mr. Foley stated he would not oppose charging the surcharge to private applicants
who want to fast-track their applications.
Mr. Schmitt concluded there was no support for this surcharge.
(David Bryant arrived at 2:00 PM)
There was a discussion concerning the amount of the fee to be charged for repeated
reviews of applications. (Change #12)
After additional discussion, Mr. Schmitt suggested a 20% fee would be charged
starting with the 5th review.
Mr. Schmitt stated the proposed fee for the Bayshore Gateway Mixed Use Project
is $2,500.00. (Change #15)
Change #18 required submission ofa zoning verification letter.
There was a discussion concerning Change #19 - Miscellaneous increases - and
whether a 'change of use' triggers the need for a Site Development Plan. The
proposed increase is from $25.00 to $75.00.
Chairman Varian asked ifthere were more changes to be reviewed since there was a
"time certain" to begin the LDC Cycle 2 Amendments review.
Changes to #20 and #24 will be brought back to DSAC at its next hearing.
Change #23 was to clarify the definition of existing fees.
Change #28 was approved.
Change # 33 was approved by the Board ofCoUllty Commissioners.
Change #35 is a flat fee of $1 ,000 for the l5t and 2nd submittals with $500 each for the
3,d and subsequent submittals.
Mr. Schmitt stated County licensing fees had not been increased since 1992.
It was determined Mr. Schmitt would return to the Committee at its next scheduled
meeting with revisions to the Fee Schedule.
Break: 2:55 PM
Reconvened: 3:05 PM
A. 2007 LDC Amendment Requests (Cycle 2) - Catherine Fabacher
Mr. Masters moved to recommend blanket approval of all recommendations that
had been unanimously approved by the DSAC Subcommittee. Second by Mr.
Hermanson.
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October 10, 2007
Mr. Brooker stated even though there was unanimous approval on a specific
Amendment pending revisions which need further discussion. He asked if all of the
revisions were adopted.
Mr. Mulhere stated he may have additional questions concerning the Amendment
pertaining to moving signs.
Mr. Masters moved to revise his Motion. He moved to collectively approve all
Amendments that had been unanimously approved by the DSAC Subcommittee
provided the Amendment did not have a pending revisions attached to it.
Second by Mr. Hermanson. Carried unanimously, 12-0
The Committee can review the Subcommittee's recommendations, with specific
reference to individual items.
LDC DSAC Subcommittee DSAC
Section Proposed Amendment Recommendation Recommendation
1.08.02 Amend definition to include Unanimous to recommend Tom Masters
"Stewardship Receiving approval. moved to approve.
Area" (SRA) Second by George
Hermanson.
Carried
unanimously,
12-0
2.03.08 "RFMU - Receiving Lands" Withdrawn per D. weeks. None
2.06.03 Add definition for "Essential Unanimous to recommend Tom Masters
Service Personnel and approval. moved to approve.
amend "Housing, affordable Second by George
workforce" to allow for Hermanson.
employer-owned units Carried
unanimously,
12-0
3.05.05 EAC/CCPC Directed. . Recommended changes: Add Robert Mulhere
Provide definition for possible fiscal impacts to moved to deny
"vegetation, protected: and developers; approval; carried
allow for removal of same . "of a federal or state 7-4 with Clay
with permit protected species;" Brooker, Fred
. "Removal.... without the Reischl, Thomas
required permit ...." Masters, and
. Include LDC text for Marco Espinar
exclusions voting no.
. Research: criteria for
$35,000 fine for removing tree
with bald eagle nest
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October 10, 2007
3.07.00 EAR-based Amendment, . Under fiscal impacts, add To be presented at
6.05.01 Requirement of GMP developers may incur the November 1h
10.02.02 significant impacts; meeting
10.02.03 . Remove Collier County,
10.02.04 Florida where it appears;
. Remove 'existing'
developments;
. Combine A&B
. Add section about County
discharge rates to Applicability;
. Change final development
order to 'SDP or plat.'
4.08.07 Add requirement for DSAC members concerned that This Amendment
developer of an SRA to (1) the RLSA program was not was pulled by the
submit a status monitoring to be amended until the end Author
report to ensure and verify of 2007 after evaluation of
approved densities or the program;
intensities are not exceeded (2) This should not apply to
DRIs as they have a
monitoring program under
the State - why not exempt
SRAs from County
monitoring
Section Prohibited Signs Deferred to full DSAC; George
5.06.06 . ask Assistant County Hermanson moved
Attorney to explain lawsuit to approve.
Second by Robert
There was no lawsuit; the Mulhere. Carried
reason on the cover was 9 - 2 with David
incorrect Bryant and
Charles Abbott
votine no
6.06.01 CCPC Directed. . Delete "all required off-site To be revised and
10.02.13 Add standard transportation transportation improvements returned to DSAC
requirements to streamline shall be in place prior to to review at the
comments within PUD commencement of on-site November 7th
documents construction." meeting
. Remove C-l ;
. In 1 0.02.13C.3, change
'subdivision master plan' to
'plat';
. Add language to 60-day
deadline to allow for a
'mutually agreed upon
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October 10, 2007
extension' of deadline
. Remove 15 vehicles per hour
(VPH) restriction
10.02.04 Requires setback Concern regarding unintended To be revised and
information to be shown on consequences. Would plats returned to DSAC
Final Plat have to be amended every time to review at the
the dimensional requirements November 1h
change? Meeting
. Amend k. to state "whether
inside plat or 'immediately'
abutting project site."
10.02.07 Add requirements for After discussion, the This Amendment
developers of SRAs to Subcommittee decided to defer was pulled by the
provide traffic counts to this matter to the full DSAC Author
monitor traffic impacts
1.08.02 "Nonconforming Lot of Did not hear Clay Brooker
Record" moved to approve.
Correct typographical error: Second by Bob
change 'neither' to 'either' Mulhere. Carried
unanimously,
9-0
1.08.02 Add subsection number Did not hear Bob Mulhere
'D.4' to definition of"TDR moved to approve.
Credit" for clarity Second by Clay
Brooker. Carried
unanimously,
9-0.
1.08.02 Adds definition for Unanimous to recommend Tom Masters
2.03.07 'redemption' ; approval. moved to approve.
D.4.C Provides administrative Second by George
process for TDR severance Hermanson.
or transfer; Carried
Corrects several scrivener's unanimously,
errors in Special Treatment 12-0
'ST' Overlay
2.03.07 Removes reference to Did not hear Will be heard at
N development standards from November 1h
Mixed Use Activity Center meeting
Subdistrict
2.03.08 Delete duplicate verbatim Did not hear Bob Mulhere
A.3.a entry/use in RFMU-Neutral moved to approve.
Lands section Second bv Georfle
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October 10, 2007
Hermanson.
Carried
unanimouslv, 9-0
3.03.03 Floodplain protection: Unanimous to recommend Tom Masters
3.02.05 amend effective date of approval moved to approve.
Flood Insurance Rate Maps Second by George
Hermanson.
Carried
unanimously,
12-0
3.05.07 EAR-based Amendment: Unanimous to recommend Clay Brooker
A.3 Change priority for approval with clarifications moved to approve
preserved native vegetation as amended.
III preserves Second by Marco
Espinar. Carried
unanimouslv 10-0
4.02.15 EAR-based amendment to Unanimous to recommend Tom Masters
A.2 change residential cessation approval moved to approve.
from 10 years to 7 years to Second by George
match the Growth Hermanson.
Management Plan Carried
unanimously,
12-0
5.05.02 BCC Directed. Concerns about removing all George
G To exclude shoreline within development rights Hermanson moved
conservation easements to deny. Second by
when calculating the Unanimous to recommend Charles Abbott.
maximum number of boat denial Carried 8-2
slips in accordance with the Clay Brooker and
MPP Marco Espinar
voted no
5.06.04 BCC Directed. Add "pursuant to ~99-6l F.S." Tom Masters
C.12 Refine definitions of 'Sign,' and delete reference to 67 days moved to approve
'bulk permit' and 'Sign, as amended to
political' Unanimous to recommend exclude hand-held
Updates regulations to be approval with amended text signs over 12
consistent with case law, to square feet in size
remove redundancy and Second by George
inconsistencies Hermanson.
Carried 11-0
10.02.08 Remove reference to access Unanimous to recommend Tom Masters
C management plan maps, said approval moved to aoorove.
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October 10, 2007
maps were previously Second by George
removed from the LDC Hermanson.
Carried
unanimously,
12-0
10.02.13 Add "future land use Unanimous to recommend Tom Masters
B designations, districts and approval moved to approve.
subdistricts" to the GMP for Second by George
conformity Hermanson.
Carried
unanimously,
12-0
10.02.13 Change initial PUD timeline Unanimous to recommend To be revised and
D to 5 years from 3 years, and approval returned to DSAC
Remove confusing for review at the
subsection, time limits for November 1h
approved PUDs for each of meeting
interpretation
2.03.07 Add text to the Historical Unanimous to recommend Tom Masters
E and Archaeological Site "H" approval as amended moved to approve.
subsection that was omitted Second by George
during re-codification Hermanson.
Carried
unanimously,
12-0
2.03.07 Expand text description of Unanimous to recommend Tom Masters
H area related to the SBCO to approval moved to approve.
match map Second by George
Hermanson.
Carried
unanimously,
12-0
2.03.07 Remove reference to Unanimous to recommend Tom Masters
N development standards from approval moved to approve.
Gateway Triangle Mixed Second by George
Use District, Mixed Use Hermanson.
Activity Center Subdistrict Carried
unanimously,
12-0
5.03.02 Adds requirement for a Unanimous to recommend Tom Masters
A.1O building permit for fences; approval moved to approve.
previously omitted during Second by George
re-codification Hermanson.
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October 10, 2007
Carried
unanimously,
12-0
6.02.01 Returns definition of Recommend removal of capital Tom Masters
6.02.04 'Capital drainage facilities' access definition, if it is moved to approve.
omitted during re- referenced nowhere else. Second by George
codification; Hermanson.
Changes 'capital access' to Unanimous to recommend Carried
same in subsection 6.02.04 approval unanimously,
12-0
(Blair Foley left at 4:05 PM)
(Thomas Masters and David Bryant left at 5:00)
Chairman Varian noted that due to the late hour, the Committee would not be able to hear
the presentation by Mike DeRuntz on the Flood Management Plan - 2008 Draft. He asked
that it be re-scheduled for another meeting. Catherine Fabacher would advise the date.
Catherine Fabacher asked if Mike DeRuntz could give his presentation at the next LDR
Subcommittee meeting on October 24th. Dalas Disney suggested inviting the entire DSAC
due to areas of expertise within the membership of the LDR subcommittee. It was decided to
open the meeting to any member who wished to attend.
The next DSAC Meeting will be held on November 7, 2007
There being no further business for the good ofthe County, the meeting was adjourned
hy order of the Chair at 5:25 PM.
DEVELOPMENT SERVICES ADVISORY COMMITTEE
William Varian, Chairman
These Minutes were approved by the Board/Committee on
as presented , or as amended
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