Loading...
DSAC Minutes 11/07/2007 R November 7, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, November 7,2007 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 I :00 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: CHAIRMAN: William Varian James Boughton Clay Brooker David Bryant Dalas Disney David Dunnavant Blair Foley George Hermanson Reed Jarvi Thomas Masters Robert Mulhere Fred Reischl Excused: Marco Espinar Absent: Charles Abbott Brian Jones ALSO PRESENT: Joe Schmitt, CDES Administrator Marlene Stewart, Staff Liaison Catherine Fabacher, Principal Planner, LDC JeffKlatzkow, Assistant County Attorney Phil Gramatges, Public Utilities Nick Casalanguida, Transportation Services Susan lstenes, Director, Zoning & Land Development Review Bob Dunn, Interim Director, Building Review & Permitting Dept. Gary Mullee, Business Management & Budget Manager Bob Salvaggio, Fire Review Robert Wiley, Principal Project Manager Stan Chrzanowski, Engineering Review Manager November 7, 2007 I. Call to Order The meeting was called to order by Chairman William Varian at I: I 0 PM. A quorum was established. II. Approval of Agenda Mr. Foley moved to approve the Agenda. Second by Mr. Reischl. Carried unanimously, 9-0. III. Approval of Minutes Mr. Brooker stated there was an error on page 8, LDC Amendment. DSAC had voted unanimously to deny the Amendment. (The Motion was made by Mr. Brooker and seconded by Mr. Espinar.) Mr. Reischl moved to approve the Minutes of the October 10,2007 meeting as amended. Second by Mr. Hermanson. Carried unanimously, 9-0. (l:15PM - Reed Jarvi arrives) IV. Staff Announcements/Updates A. CDES Update - Joe Schmitt . The Board approved the Annual Update and Inventory Report ("AUIR"). . A proposal was made by Mr. Hart, Naples Chamber of Commerce, to delay the implementation of Impact Fees for approximately six months. It will be discussed at the next BCC meeting. A question was raised conceming levels of service. Mr. Schmitt stated the levels of service were discussed in the AUIR. Mr. Hermanson stated his opposition to increasing any fees at this time. Chairman Varian asked for a clarification of the commercial review process. He had been asked questions about possibly submitting reviewed plans to Plumbing and Mechanical while waiting for Fire Review. Mr. Dunn, Interim Building Director, stated he met with Staff regarding splitting up of plans. He stated he met with Mr. French concerning the Bar Code System and it will be implemented as soon as possible. When the Bar Code System is operational, plans will be routed through the system. He stated the subject will be discussed at the next CBIA meeting and he will provide the dates of implementation. C. Public Utilities Update - Phil Gramatges for Roy Anderson Mr. Gramatges stated copies of the Utilities Manual were available. Chairman Varian suggested changing the Agenda to reflect that Mr. Gramatges will be presenting the Public Utilities Update in the future. D. Fire Review Update - Bob Salvaggio for Ed Riley No report. 2 November 7, 2007 V. Old Business A. CDES Fee Schedule Changes (2nd Review) - Joe Schmitt/Gary Mullee Mr. Schmitt stated copies of the drafts of the Executive Summaries were provided to the Committee members. He reviewed the changes to the Fee Schedule: . Changes #1 - #4 were Code Enforcement issues - the members did not have questions . Change #5 - Statement for Lien Searches - no questions or comments . Change #6 - Zoning Amendment to the Land Development Code - $3,000 fee plus $75 per hour beyond 40 hours up to a maximum of$5,000 (hours will be tracked and the private petitioner advised) Discussion ensued concerning how to approve the specific Amendments. It was determined that a blanket approval would be made at the conclusion ofMr. Schmitt's presentation for all Changes which were not changed. Those Changes requiring further explanation and/or discussion would be addressed as needed. Mr. Disney moved to keep the fee at $3,000 without revision. Second by Mr. Hermanson. Carried unanimously, 10-0. . Change #7 - provides clarification of an existing fee - no questions or comments . Change #8 - also provides clarification of an existing fee - no questions or comments . Change #9 - is a new fee resulting from an LDC amendment which the BCC approved - an application fee for boat lift canopy covers Mr. Jarvi asked if an applicant would be charged two fees ifthere was an application for a dock extension together with an application for a boat lift canopy submitted at the same time. Susan Istenes, Director, Zoning & Land Development Review, stated only one fee would be charged. . Change #10 - some clarifications and some additions- Mr. Jarvi suggested moving the second parenthesis in Paragraph 4 to the word "Petition." . Change #11 - changing costs for mailing notification - no questions or comments . Change #12 - an adjustment and clarification of an existing fee - no questions or comments . Change #13 - the MUP fee - no questions or comments . Change #14 - mayor may not happen - assumes approval of permit process- . Change $15 - similar to Zoning Verification letter for legal non-conforming lot (1:40 PM - James Boughton arrives) . Change #16 - Building Permit fee changes Chairman Varian clarified the fee applied to the zoning portion of the building permit review. Mr. Disney suggested adding the following language: "only related to zoning rejections." 3 November 7,2007 . Change # 17 - related to SRA changes - establishing a cap - no questions or comments . Change #18 - there was a typographical error - the new fee should be $5,000.00 Discussion ensued about what constitutes a PUD closeout. Mr. Schmitt suggested adding the language: "effective upon implementation of a Board-approved process." Concerns were expressed that the fee was premature since there was no process in place to be reviewed. Mr. Mulhere moved to accept the proposed fee addition subject to the effectiveness of the actual process concerning a PUD close-out. Second by Mr. Masters. Motion failed, 5-5. Opposed by Mr. Boughton, Mr. Brooker, Mr. Disney, Mr. Jarvi and Mr. Reischl. Mr. Brooker moved to deny adding the fee now with an understanding that when an actual process is adopted, an appropriate fee may be introduced. Second by Mr. Disney. Motion carried, 8-2. Opposed by Mr. Foley and Mr. Boughton. . Change # 19 - Vested Rights Determination - no questions or comments . Change # 20 - Vacating an Easement - no questions or comments . Change # 21 - adjustment and clarification of Site Development Plans - there was some confusion concerning the mixed use of residential and non-residential within a building - the Committee added language "(commercial, retail, office)" - no questions . Change # 22 - Utility Modeling Fee- Mr. Gramatages explained the fee was necessary to pay to TUn a model each time a Letter of Adequate Capacity was requested for any new PUD connecting to the sewer system. Mr. Hermanson moved to deny this fee request. Second by Mr. Foley. Motion carried, 10-0. Mr. Gramatages requested clarification of the Committee's decision. Chairman Varian stated the Committee was opposed to charging the fee. Mr. Gramatages stated that ifhe cannot charge a fee, then he cannot TUn a model, and a Letter of Adequate Capacity will not be issued. Mr. Mulhere suggested the cost for the modeling should occur at the SDP level and associated with the issuance of a Certificate of Adequate Public Facilities. He also recommended consulting the County Attorney's Office with regard to the issuance of the Certificate of Adequate Public Facilities to see if the County could provide a tie-in between this requested fee and the County's Certificate. . Change # 23 - Utility Conveyance Fee to process documents - this was not approved previously by the Committee. The Committee's position was this fee should be part of the inspection process and ifnot included at that point, the inspection fee should be increased. Mr. Jarvi moved to deny this fee request. Second by Mr. Hermanson. Motion carried, 7-3 Opposed by Mr. Mulhere, Mr. Reischl and Mr. Masters. . Change # 24 - Excavation Permits - increase from $150 to $200 - no questions or comments 4 November 7, 2007 . Change # 25 - Excavation Penalty - increase to $ .05 - accepted by consensus . Change # 26 - to make consistent with SDP process .- no questions or comments . Change # 27 -PUD Monitoring fee - Mr. Schmitt stated this fee is to help pay for two-person monitoring staff - Mr. Mulhere stated he would support only if there was a cap of$3,000. Mr. Schmitt agreed. . Change # 28 was withdrawn. . Change # 29 - ST Overlay - applied to permit - no questions or comments . Change # 30 - has been approved by the BCC - no questions or comments . Change # 31 - Conservation Easement - was revised by Committee - no questions or comments . Change # 32 - one time fee per Committee recommendation - no questions or comments . Changes # 33 - # 37 - approved by Contractor Licensing Board - fees are associated with licensing of contractors - no questions or comments . Change # 38 - Failure to Obtain a Permit - an after-the-fact fee- Discussion ensued about unpermitted work done on a home that was subsequently sold. The Committee suggested adding the following language: "If a subsequent owner is unaware of previously unpermitted work and voluntarily complies, no penalty fee will be assessed." . Change # 39 - part of the DRVSRA application process - no questions or comments . Change # 40 - conforming language to conform with Resolution 98-498 - no questions or comments Mr. Schmitt confirmed that the Committee approved all Changes with the following exceptions: # 6, 18,22,23, and 28. Chairman Varian stated Change # 10 was due to a grammatical error. Mr. Schmitt stated revisions were made to Changes #14, 16,27, and 38. Mr. Reischl moved to approve all of the Changes as discussed. Second by Mr. Foley. Carried unanimously, 10-0. BREAK: 3:00 PM RECONVENED: 3:10 PM IV. Staff Announcements/Updates B. Transportation Division - Nick Casalanguida . Interchange at 1-75 and Immokalee - diagrams were presented to the Committee- 8-lane diamond concept was added - he stated the previous loop was only an interim solution. State dollars will be transferred to this project - no additional County funds will be used to fund this project. . He stated this is now a State and Federal project, and may be completed within the next three to four years. . It is no longer a County-controlled project and the BCC will discuss the situation at its next meeting. . There are proposed revisions to Access Management Policy Resolution - the existing Resolution will be presented to the Board for amendment in approximately six months 5 November 7,2007 VI. New Business A. Proposal to Change Building Permit Fees - Gary Mullee/Bob Dunn Mr. Mullee stated the proposal is to change the Building Permit Fees from valuation to a per square foot fee. . To collect 50% of fee at application - upfront payment - does not change amount, only when the fee is collected . Proposed fee is $ .30 per square foot for both residential and commercial which amounts to a 4.83% increase . Removes any tiers in rate stTUcture . Goal is to achieve balance and consistency . Using the Valuation Tables often resulted in overcharging because minimums are not used . TTUe "revenue neutral" is 29 cents for residential and 14.5 cents for commercial (3:30 PM - David Dunnavant arrived) Mr. Disney stated that he was opposed to any increase in fees. Mr. Reischl moved to approve the proposal as long as revenue neutral status was maintained for both commercial at 14.5 cents and residential at 29 cents. Second by Mr. Hermanson. Carried unanimously, 11-0. (3:45 PM - David Bryant arrived) Dalas Disney stated he would support collecting 25% of the fee at application. Mr. Disney moved to revise the increase from a 50% initial payment to a 25% initial payment. Second by Mr. Jarvi. Carried unanimously, 12-0. VII. LDC A. 2007 - Cycle 2 Amendment Requests - Catherine Fabacher . Section 3.07.00 - Interim Watershed Management Regulations- Changes: Under 3.07.01 (A) - remove word "within" Under 3.07.02 (B) - add "water quality" following stormwater Additional map is still not available It was suggested that a waiver process should be defined and reviewed. By consensus, the Committee deferred this Amendment to December . Section 10.02.03 - Submittal Requirements for Site Development Plans- Assistant County Attorney Jeff Klatzkow stated the Amendment was not in final form. He was working with the Planning Commission concerning further revisions. Mr. Mulhere suggested adding language: "offending use should be buffered." By consensus, the Committee deferred this Amendment to December . Section 2.03.07N - Gateway Triangle Mixed Use District- Mr. Jarvi moved to approve the Amendment. Second by Mr. Reischl. Carried unanimously, 12-0 6 November 7, 2007 (4:50 PM - George Hermanson left) . Section 5.06.02 - Permitted Signs Mr. Bryant moved to approve. Second by Mr. Disney. Carried unanimously, 11-0. . Section 6.06.01 - Street System Requirements Mr. Reischl moved to approve. Second by Mr. Master, Carried unanimously, 11-0. . Section 10.02.13 - Planned Unit Development Procedures Mr. Mulhere moved to approve. Second by Mr. Bryant. Carried unanimously, 11-0. VIII. Member Comments - Term Dates Chairman Varian stated of the six members whose terms will be up in December, only one has completed the application. He reminded the members to complete and submit their paperwork. The next DSAC Meeting will be held on December 5, 2007 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:55 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman These Minutes were approved by the Board/Committee on presented , or as amended , as 7