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DSAC Minutes 07/09/2008 R & LDC July 9, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, July 9, 2008 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 & LDC SESSION in Conference Room #6 lOin the Collier County Community Development and Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: William Varian Charles Abbott (Absent) James Boughton Clay Brooker David Bryant (Absent) Laura Spurgeon Dejohn Dalas Disney (Excused) David Dunnavant (Excused) Marco Espinar Blair Foley (Excused) George Hermanson (Excused) Reed Jarvi Thomas Masters (Excused) Robert Mulhere Mario Valle ALSO PRESENT: Joe Schmitt, Administrator, CDES Judy Puig, Operations Analyst, CDES Susan Istenes, Director, Zoning & Land Development Catherine Fabacher, LDC Manager, Zoning & Land Development Nick Casalanguida, Transportation Planning Director Phil Gramatges, Public Utilities Interim Director Heidi Ashton-Cicko, Assistant County Attorney DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA July 9, 2008 1 :00 p.m. Conference Room 610 I. Call to order II. Approval of Agenda III. Approval of Minutes from June 11,2008 meeting IV. Staff Announcements/Updates A. CDES Update - Joe Schmitt B. Transportation Division Update - Nick Casalanguida C. Public Utilities Division Update - Phil Gramatges D. Fire Review Update - Ed Riley E. County Attorney - Heidi Ashton discussion of sunshine Law regarding email transmissions V. Old Business A. Discuss Impact Fee study (population and change in use) - Amy Patterson or Paula Fleishman B. COA Administrative Procedures - Nick Casalanguida C. Discuss Floodplain Management Committee outcome from BCC meeting of June 24th - Clay Brooker D. LDC Amendments - Catherine Fabacher (Time certain to start at 2:00) Introduce Mark White, LDC review consultant (who provided the non-conformities section) VI. New Business A. Stormwater/Flood Damage Prevention Ordinance - Robert Wiley B. Discuss to remove David Bryant as a member from DSAC C. Approvals/pre-construction meetings - Stan C./George Hermanson D. As-Built/Record Drawings - why are design plans needed in the set if that phase of the construction hasn't yet been completed? - Reed Jarvi VII. Staff Comments A. Distributed DSAC member contact list VIII. Adjournment Next Meetinq Dates August 6,2008 CDES Conference Room 610 - 3:30 pm September 3,2008 CDES Conference Room 610 - 3:30 pm October 1, 2008 CDES Conference Room 610 - 3:30 pm November 5, 2008 CDES Conference Room 610 - 3:30 pm December 3,2008 COES Conference Room 610 - 3:30 pm July 9, 2008 I. Call to Order The meeting was called to order at I :07 PM by Chairman William Varian. A quorum was established. II. Approval of Agenda Mr. Espinar moved to approve the Agenda as amended. Second by Mr. Valle. Carried unanimously, 8-0. III. Approval of Minutes Clay Brooker asked for clarification regarding Joe Schmitt's statement on Page 4 referring to "25 units." He stated the sentence should read "25 PUDs" since that was the subject of discussion. The Minutes will be amended to reflect the change. Mr. Mulhere moved to approve the Minutes of June 11, 2008 as amended. Second by Mr. Valle. Carried unanimously, 8-0. IV. Staff Announcements/Updates A. CDES Update - Joe Schmitt Mr. Schmitt stated he did not have a report. He stated he was going to present an Executive Summary to the BCC recommending an extension of time for some Site Development Plans that could expire under the current rules. He asked the Committee members to notify him if they know ofan SDP that would qualify for an extension. The Committee's letter limiting LDC Amendments was presented to the BCC but no formal action was taken. He will request clarification from the Board during its July meeting. He pointed out the Executive Summary also contained a request for a special cycle dedicated to Sign Ordinances because a recent Court case found that portions of the County's Sign Ordinance were unconstitutional. The BCC did approve the sale of several of the County's trucks and the proceeds will be returned to Fund #113. B. Transportation Division - Nick Casalanguida Nick Casalanguida stated bids will be mailed next month for the Santa Barbara Extension project. The following projects are nearing close out: . lmmokalee Road - all three . Collier Road North . Rattlesnake-Hammock Oil Well Road will be the next project. The plans for the Collier/Davis intersection project are at 90%. He also mentioned the BCC did not approve the landscaping budget for this year, so work on remaining landscaping projects has been postponed. There was a discussion of the proposed lease of Alligator Alley and whether or not 2 July 9, 2008 Collier County could reap any benefit from the excess tolls. It was pointed out the Florida Statutes directs the money to remain locally, but the Governor has expressed his intention to funnel any monies from the lease to support schools. C. Public Utilities/Engineering Division Update - Phil Gramatges Mr. Gramatges stated the BCC approved the 2008 Master Plan on June 24, 2008. He is in the process of preparing the 2008 AUIR. D. Fire Review Update - Ed Riley Ed Riley stated while activity levels are down, review times are excellent. His department lost the services of the individual who conducted the Fire- Sprinkler Reviews because he left to start his own company. V. Old Business A. Impact Fee Study - Amy Patterson, Impact Fee Manager The Committee noted there has been a reduction in the Impact Fees for Water/ Sewer based, in part, on the reduction in population and change of use. A question was asked if other Impact Fees that are population-driven be examined to determine if further reductions would be possible? Amy Patterson verified there are 12 Impact Fees. She stated the methodology for for Water/Sewer Impact Fees is different from the methodology for the remaining Fees. In 2009, there will be a major review and update of all Impact Fees based on population and Levels of Service discussed in the AUIR. She stated the BCC has discretion regarding whether or not to adopt an increase. In the past, the Board had always adopted the maximum legal limit allowed. They may reduce fees or choose to do nothing. Parks/libraries, transportation and the County jail are currently under study and will be reviewed first for possible reduction of fees. The applicable Levels of Service will be the main driver concerning whether or not Fees will change. Joe Schmitt stated Impact Fees are based on the demand for essential services. There was a discussion concerning "change of use " and the accepted fees associated with original permitted uses of a particular building. Amy Patterson will return at the next meeting for further discussion. B. COA Administrative Procedures - Nick Casalanguida Nick Casalanguida stated the policy is being developed and he would present a draft to the Committee at their next meeting. C. Discussion of Floodplain Management Committee/BCC Meeting - Clay Brooker Clay Brooker stated the reason why he asked for a report to be presented was due to a concern regarding an email which he received. Chairman Varian stated the Flood Plain Management Committee Chairman asked him to attend a meeting as a response to DSAC's letter to the BCC requesting the inclusion of practicing engineers on the FPMC. He stated the environment of the meeting was "hostile" and it was apparent the members did not want him at their meeting even though they extended the invitation to attend. 3 July 9, 2008 Reed Jarvi stated it was possible the Board did not understand the intent of the letter was to include professional engineers, not necessarily DSAC members, on the FPMC. The Flood Plain Management Committee members stated they did not need additional help, so the Board did not appoint anyone. An email sent by Robert Wiley stated "DSAC's past performance on discussing the FMP has been very poor and negative." He was asked by the Committee to provide examples of this "negativity." He referred to a previous meeting during which the Flood Plain Management topic was deferred to a later date. Chairman Varian remembered the agenda for that meeting was very full and the meeting had been running late. The FPMC's presentation was deferred in order to give it the amount of time needed to make a complete presentation. IV. Staff Announcements/Updates E. Discussion of Sunshine Law re: Email Correspondence - County Attorney Heidi Ashton-Cicko cautioned the Committee members to be careful with any communication among two or more members. An email transmission that is sent and is responded to by two individuals, or is sent through another individual- such as Staff who is used as an instrument of communication - will create a violation of the Sunshine Laws. She recommended that emails should not be sent between members of the Committee. She stated that, technically, a one-way transmission is acceptable. If there is information to be distributed to Committee members': the Staff liaison (Judy) can send the transmission. If the email is generated by Staff, as opposed to being forwarded to the members, it is acceptable. She clarified personal emails between the members that do not incorporate either County or land-use matters would not constitute a problem. D. LDC Amendment Discussion - Catherine Fabacher, LDC Manager Susan Istenes, Land Development and Zoning Director, introduced Mark White who was hired by the County as a consultant to review the LDC process. Mr. White gave a PowerPoint presentation regarding the approach used to make the Code easier to read, understand and use. The Non-conformities Section has been drafted and will be included as a part of an Administrative manual or handbook. He stated the substance of the Regulations is not being targeted. He stated the first step is to determine how to structure the Code after the language has been written. His goal is to make the existing rules more coherent. Catherine Fabacher asked if the Committee could agree on the definition of Redevelopment (page 4), also referred to as "Adaptive Re-use." Clay Brooker suggested omitting the phrase "knowledge or" (line 19) on Page 17. There was a discussion concerning the definition of "merged lots" contained in Subparagraph C on Page 17. 4 July 9, 2008 On page 27, line 40, it was noted the Ordinance was not specified. Which Ordinance was being referenced to - was it the amending Ordinance or the original Ordinance? It was suggested to specify the Ordinances and/or effective date as referenced. On Page 4, it was suggested changing 50% to 49% to be consistent with current FEMA standards. By consensus, the Non-conformities Section will be reviewed at the August meeting. BREAK: 2:55 PM RECONVENED: 3:09 PM Catherine Fabacher, LDC Manager, presented the results of the LDR Subcommittee meeting to the Committee members. LDC Section Proposed Amendment Discussion Recommendation 1.04.04 The existing LDC . 3(d): Add "Taking or" Not discussed. language does not provide before "acquisition" in the first Reduction of a clear understanding of sentence Will be revised Req uired what impacts are accept- . B, "Post Take Plan": Add and presented to Site Design able and can remain in subparagraph (e) for legal the LDR Requirements place in the after-Take description Subcommittee at condition. The language . 2(c): Add "Required" before its next meeting. does not identify a clear "native vegetation" in first process for reaching a sentence mutually agreeable settle- ment and identifying any allowances or deviations whether due to the actual Take, or to mitigate or remedy the impacts of the (Page 5) Take. 4.02.27 Allow for flexibility in Page 100: Approved by Specific requirements for . Remove the word "do," DSAC as revised acceleration! dece I erati on . add the words "or less" after Design turn lanes on segment of 440- feet; Standards for the SR 29A . add the word "directly" Immokalee following the word "not" at Commercial the end of the sentence. Overlay In D(2), remove the word Subdistrict "provided" - the sentence is to (Page 99) read: "shall be consistent with" LDC Section Prooosed Amendment Discussion Recommendation 4.03.08 Scrivener's error to be To remain consistent with the Aooroved 5 July 9, 2008 Corrected Ordinance listed in Right-of- Facility and Way Handbook Service Improvement Requirements (Page 101) 4.07.02 J Add language requiring Item 6: Approved all new roadways within . Remove "All" a PUD to be maintained . Add comma at end of Design by the developer, sentence and phrase to read: Requirements owners, HOA, ", unless otherwise approved successors and/or by the Board of County (Page 103) assigns Commissioners. " 6.02.02 and To be consistent with It was suggested that all Approved 6.02.03 Policy 5.1 of the Amendments concerning Transportation Element "Level of Service" could be Transportation of transferred into the LOS the GMP and Adopted Administrative Section of the Requirements Traffic Impact Study Code of Laws (future process) (TIS) Guidelines and (Page 105) Procedures 6.06.03 The use of the word Intent is to add flexibility to Approved by "subdivision" is achieve lighting requirements. DSAC, Street confusing. New 7-"Yes"/1- "No" Lights Language clarifies that Reed Jarvi questioned the Reed Jarvi additional lighting is number oflights required. opposed required for all developments, not just residential (Page 107) subdivisions. 10.02.02 A PUD Monitoring Page 112, under "G": Approved by Report is to be . 3(a) and 3(b) are removed DSAC, Submittal submitted at the time a and remaining subparagraphs 7-"Yes"/J-"No" Requiremeuts project is submitted for are re-Iettered Reed Jarvi review. . "registered engineer" is opposed changed to "applicant" . 2: Add comma after the word "compliant" and add phrase " or not applicable at this time, " (Page III) . "owner/developer" was changed to "owner/agent" . New 3(a): Add phrase 6 July 9, 2008 "except for applications for projects within DRIs" at the end of the sentence . Fiscal & Operations Impact: end second sentence at the word "stage. " 10.02.07 To clarify language Page 115: Approved by Submittal regarding when a . Under (b )(iii): Change the DSAC, Requirements Traffic Count Waiver word "entity" to "entities" 7-"Yes"/1-uNo" For may be requested Reed Jarvi Certificates opposed of Public Facility Adequacy (Page 113) Clay Brooker moved to approve the Transportation Amendments as referenced above, with the exception of LDC Amendment Number 1.04.04. Second by James Boughton. Motion carried, 7-"Yes''/I-''No.'' Reed Jarvi opposed as noted. LDC Section Proposed Amendment Discussion Recommendation 3.05.07 and To require applicators of Page 120: Robert Mulhere 3.05.08 pesticides/herbicides in . I.g.(ii): Insert "Any person questioned preserves, wetlands and who directly supervises up to whether or not Requirement littoral shelf planting 8 persons in the application of this Amendment for Removal areas (LSP A) to pesticides/herbicides in the was necessary as of Prohibited maintain certifications chemical... " it duplicates State Exotic from the Department of Statutes. Vegetation Agriculture and Consumer Services for It was suggested these categories: the to bring before Natural Areas Weed the August DSAC Managernent and the meeting when the Aquatic Plant author could be (Page 119) Management present to explain 10.02.03 To extend the SDP Page 129: Approved as approval time limit from . b.: Add the phrase "shall amended Submittal two years to three years be applied for and" after SDP Requirements when construction has in the third sentence for Site not begun, and to extend . b.(i): The first sentence will Development the time limit from 18 end at the word "granted." Plans months to 30 months . c: Remove "for good cause." when construction has Pae:e 129: begun. Addition of a . The phrase "upon written possible one-year 7 July 9, 2008 extension of original request" was removed. The approval may be granted sentence is to read: "A single, by County Manager or 12-month extension to (Page 127) designee. complete construction may be granted. " 12.02.04 B.l To clarify the Page 132: Approved requirement to show the . In the first sentence: add Submittal Preserve setback lines on [in parenthesis] "(or other Requirements the final plat. setback that might be approved for Plats through deviation by the BCC) " after the word "setback" . In the second sentence, remove "25-foot" and add (Page 131) "required" 12.02.04 To allow additional Approved B.3.b extensions for construction period. Submittal Requirements for Plats (Page 133) 12.02.05 To allow additional Approved extensions of Submittal construction period for Requirements required improvements. For Improvement Plans (Page 135) Robert Mulhere moved to approve the Engineering Amendments as referenced above, with the exception of LDC Amendment Number 3.05.07 and 3.05.08. Second by Reed Jarvi. Carried unanimously, 8-0. Catherine Fabacher stated the "passive recreation" Amendment 1.08.02 would be brought before the Committee in August. She is still collecting data and definitions. I LDC Section Proposed Amendment I 8 Discussion I Recommendation I July 9, 2008 3.04.01 - Include criteria for Pal!e 153: To be re- written 3.04.04 protection of selected listed In the second sentence, and brought back plants. the phrase "of the before the LDR Species Specific ground" is changed to Subcommittee at Requirements, Correct Scrivener's error in "Qjfthe ground" its next meeting Section 3.04.02 regarding Penalties for lettering/numbering. Pal!e 152: Violation The capitalization is not consistent throughout, (Page 139) i.e., "Bald Eagle" aud "Scrub Jay" Comment: Fiscal impacts are not clear. Pal!e 151: Comment: Section E is not appropriate for this portion of the LDC. Pal!e 154: Some of the listed plants occur so frequently they were to be eliminated, now they are listed as "Rare" and "Less Rare" Pal!e 144: "i": It was suggested the specific date (09/07) should be removed and state "most recently adopted by FFWCC" Comment: Remove references to "minor structures". (Previous) Comment: What is the threshold for ''feasible''? A criterion is needed. , i (Previous) Comment: Amendment is over- reaching; there is no scale. LDC Section Proposed Amendment Discussion Recommendation 1.08.02, Require a vegetation PaIJe 157: To be re-written 9 July 9, 2008 10.02.06, and removal permit and Under Vegetation, and brought back 3.05.05 provide determining protected: Remove before LDR criteria for removal of phrase "living or" Subcommittee at Criteria for vegetation containing nests preceding the word its next meeting Removal of or cavity tress of protected "dead" Protected or listed animal species. Vegetation Pal!e 160: . Under 2, remove word "principaf' (Previous note) Page 159: . In the last sentence, add "and structures" (Previous note) Page 160: . 2B: add "and/or" (Page 155) before U.S. Fish and Wildlife 3.05.07 A/B Pal!e 164: To be re-written Revise definition of "nati ve . "A" - add the word and brought back Preservation vegetation" in accordance "unincorporated" before the LDR Standards with new definition adopted following the word Subcommittee at by the EAR-based GMP "all" its next meeting amendments and clarify how the definition is interpreted. Pal!e 165: . Item 6: Re: "legally cleared" -needs to be defined. Comment: Item 7 does not encourage re- (Page 163) development as phrased. Comment: Remove words "flow ways" and "wildlife corridors" (Previous comments) . Native habitat means a vegetative community . Native habitat vs. native vegetation - a separate definition may be needed in terms of preservation requirements . "Major" flow-ways and "wildlife corridors" 10 July 9, 2008 have not been defined. . Page 169: remove "wildlife corridors" . "Essential Services" are defined as EMS, Fire and police -- Comment: Why special treatment? Bill Lorenz, Director of Engineering & Environmental Services, stated the GMP contains a definition of "flow ways" which was adopted for the Watershed Management Plan Interim Standards: "Contiguous lands having a continual preponderance of wetland or wet facilitated plant species in a ground elevation through the major portion of a natural wetland flow way or slue way at least one-foot lower than the ground at the edge of the natural wetland flow way or slue." Marco Espinar stated the "prior development order" contained in Item 7 on page 165 was still a problem. It was agreed, by consensus, the language should be reworded. It was decided by consensus that the Environmental Amendments would be brought before the LDR Subcommittee at its next meeting. VI. New Business A. Stormwater/Flood Damage Preveution Ordinauce - Robert Wiley Robert Wiley stated the County's existing ordinance was updated, as needed, to conform to current FEMA definitions. Organizational responsibilities were restructured. The County Manager will appoint a Floodplain Administrator. He reviewed the draft of the ordinance which was distributed to the Committee Members. By consensus, it was decided the Committee will review the draft and emai] their questions and comments directly to Robert Wiley. He will revise the draft for presentation to the Committee at the August meeting. B. Discussion re: removal of David Bryant from DSAC Chairman Varian stated David Bryant missed three meetings without offering any excuse or reason for his absence. He has not responded to previous attempts to contact him. Clay Brooker suggested a letter should be sent to both his home address and to his law firm via certified mail advising him that the Committee will ask the BCC to remove him as a member ofDSAC. Chairman Varian asked the Staff Liaison (Judy Puig) to draft a letter for his review. C. Approvals/Pre-Construction Meetings -- Stan Chrzanowski/George Hermanson There has been a problem with individuals not setting up pre-construction meetings. 11 July 9, 2008 The approved drawings are held by Rudy Moss until the pre-construction meeting. It was suggested to defer this topic to the August meeting. D. As-Built/Record Drawings - Reed Jarvi Reed Jarvi stated he has been instructed that all of the sheets of a permit set must be submitted together in order to be considered as part of the record drawings. It would be particularly difficult to accomplish this if the project was "phased." He asked Stan Chrzanowski to clarify. Stan Chrzanowski stated the complete set of sheets is important to make sure that all changes are incorporated. He stated the pages that are not part of the record drawings do not need to be signed and sealed. VII. Member Comments: A. Distribution of DSAC Member contact list Chairman Varian stated the dates of individual terms are listed. Clay Brooker stated he cannot attend the August 6, 2008 meeting. DSAC Meeting Dates: . August 6, 2008 at 1:00 PM (time changed from 3:30 PM) . September 3,2008 at 3:30 PM . October 8, 2008 at 3:30 PM (date changed from October 1st) ***** There being no further business for the good ofthe County, the meeting was adjourned by order of the Chairman at 5: 1 0 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairmau These Minutes were approved by the Board/Committee on as presented , or as amended 12