DSAC Minutes 08/06/2008 R
August 6, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, August 6, 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 1:00 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
Charles Abbott
James Boughton (Excused)
Clay Brooker (Excused)
David Bryant (Absent)
Laura Spurgeon DeJohn
Dalas Disney (Absent)
David Dunnavant
Marco Espinar
Blair Foley
George Hermanson
Reed Jarvi
Thomas Masters (Absent)
Robert Mulhere
Mario Valle
ALSO PRESENT:
Joe Schmitt, CDES Administrator
Judy Puig, CDES Operations Analyst
Catherine Fabacher, LDC Manager, Zoning & Land Development
Phil Gramatges, Public Utilities Director
Bob Dunn, Director, Bldg. Review & Permitting
Lisa Koehler, Transportation Principal Planner
Bill Lorenz, Engineering & Environmental Services Director
DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
August 6, 2008
1 :00 p.m.
Conference Room 610
I. Call to order
II. Approval of Agenda
III. Approval of Minutes from July 9,2008 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
V. Old Business
A. To discuss Impact Fee study (population and change in use) - Amy Patterson or Paula
Fleishman
B. Approvals/pre-construction meetings - Stan C./George Hermanson
C. LDC Amendments - Catherine Fabacher (Time certain to start at 2:00)
D. Stormwater/Flood Damage Prevention Ordinance - Robert Wiley
VI. New Business - None
VII. Staff Comments - None
VIII. Adjournment
Next Meetinq Dates
September 3,2008 CDES Conference Room 610 - 3:30 pm
October 8, 2008 CDES Conference Room 610 - 3:30 pm
November 5, 2008 CDES Conference Room 610 - 3:30 pm
December 3, 2008 CDES Conference Room 610 - 3:30 pm
August 6, 2008
I. Call to Order
The meeting was called to order at 1: 1 0 PM by Chairman William Varian.
A quorum was established.
II. Approval of Agenda
Chairman Varian added a topic under "Old Business" as Item E to discuss the letter
sent to David Bryant regarding his membership on the Committee.
Mr. Espinar moved to approve the Agenda as amended. Second by Mr. Foley.
Carried unanimously, 8-0.
Ill. Approval of Minutes
Mr. Mulhere moved to approve the Minutes of July 9, 2008 as presented. 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.
A question was asked about a new line item on the intake checklist concerning
monitoring of the commitments in the PUD.
Joe Schmitt stated PUD commitments were being tracked, and there was an LDC
Amendment that identified the requirements an applicant was asked to submit. He
stated the Amendment has not yet been approved by the BCC.
Another question was asked concerning two open positions for principal planners;
one is in Comprehensive Planning and the other is in Zoning.
Joe Schmitt stated if an existing position becomes available, he is allowed to fill the
slot provided funds are available in the budget.
B. Transportation Division - Nick Casalanguida
Lisa Koehler gave the following updates:
. The bridge report which is part of the East of 951 Study is going back to the
Horizon Study Committee and will be submitted to the BCC for final approval
in September
. COA Administrative Procedures - a summary is being prepared and will be
presented to DSAC in September
. Thoroughfare Corridor Management Project is in the data-collection phase.
Two public hearings are scheduled for late September and early October.
This project is the follow-up to the GMP Amendment which became effective
in February, 2008, to prevent building in areas designated for future right-of-
way in expanding corridors through either greater set-backs or land use
contro 1.
. The Santa Barbara project is open for bid
. Route 951, from 41 to Davis, is 30% completed with final completion
anticipated for September, 2009
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August 6, 2008
. Route 951, from Golden Gate to Immokalee Road, is 84% complete with final
completion anticipated for MarchlMay, 2009
. Immokalee Road has been completed and is open
. Rattlesnake-Hammock is expected to be completed in September, 2008
. Santa Barbara, from Davis to Copperleaf, and Radio Road, from Santa
Barbara to Davis - the project is 65% complete with final completion
anticipated for August, 2009
. Vanderbilt Beach Road, from Airport-Pulling to 951, is anticipated to be
completed by December, 2008
The LDC Amendment regarding street level lighting was revised. If an engineering
study states the illumination requirement can be achieved through existing lighting,
additional lights may not be needed at the entrance to a subdivision or commercial
development. The revised Amendment will be presented to the Planning Commission
later this month.
There was a question about the Alternative Roadway Impact Fee Ordinance.
Lisa Koehler stated there were amendments to the administrative guidelines for
conducting an Alternative Roadway Impact Fee Study. The fee to begin the process
remains at $2,500.00, but a consultant must be hired either privately or from the
County's GPC list.
Joe Schmitt stated it was presented to the BCC as a Resolution. He stated since
DSAC is not a reviewing entity, there is no statutory requirement to present all
resolutions to DSAC first.
C. Public Utilities/Engineering Division Update - Phil Gramatges
Mr. Gramatges stated he is in the process of preparing a draft of the 2008 AUIR
which he will present to DSAC for review.
D. Fire Review Update - Ed Riley
Ed Riley stated while activity levels are down, review times are excellent. His
department preformed 850 reviews last month. The turn-around time for first
submittals has averaged five days.
Chairman Varian asked ifhe had any information concerning the International Code
Council ("ICC") vote concerning changing the national standards for residential
sprinkler systems.
Ed Riley stated any changes to the Florida Building Code would need to be approved
by the Legislature and would probably take 3 years to implement. He stated his
department reviews permitted drawings for sprinkler systems.
V. Old Business
A. Impact Fee Study - Amy Patterson, Impact Fee Manager
Amy Patterson stated the methodology for calculating Water/Sewer Impact Fees is
different from the methodology used for the remaining Fees. She stated all of the fees
are population driven and the required Levels of Service will be discussed to determine
whether or not an Impact Fee will be increased or decreased. In 2009, the AUIR will
review approximately 6 to 7 Impact Fees.
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August 6, 2008
(David Dunnavant arrived at 1:45 PM)
She stated when the list of Impact Fees to be updated has been completed, she will bring
it to DSAC for review before presentation to the BCC. She also stated she could present
DSAC's concerns to the BCe.
There was a discussion concerning change of use and whether or not it was legal to
charge an Impact Fee for the change of use ofa building that pre-dated implementation
of the Fees. Impact Fees cannot be used to address existing deficiencies. There would
not be "new" construction but the reuse of an existing structure
She will consult the County Attorney's office to obtain an answer and the County's
outside Counsel, if necessary.
There was a discussion concerning creating a Commodity (Credit) Certificate for
buildings that went to a less-intense use. All questions will be emai1ed to Amy who will
consult with the County Attorney's office. She will forward the responses to Judy for
distribution to the Committee Members.
B. Approvals/Pre-Construction Meetings - Stan Chrzanowski, Engineering Review
The Code requires a Pre-Construction Conference before any constroction may begin.
The purpose is to review the list of items that must be completed prior to the start of
construction, and plans will not be issued unless a meeting is held.
Stan Chrzanowski stated on the cover sheet of the Approval Letter there is now a
warning stating if construction has begun before a Pre-Construction Conference is held,
the project will be shut down until such time as the requirement is fulfilled.
There was a discussion concerning the BCC's direction to Staff to obtain a letter from a
Homeowners' Association attesting to the completion of work in a development so the
BCC could authorize release of the Developer's Bond. Each request for release of bond
will be reviewed on a case-by-case basis.
E. David Bryant Issue - Chairman Varian
Chairman Varian stated certi fied letters had been sent to Mr. Bryant at his home and
office addresses via Certified Mail. Mr. Bryant did not respond. Since he has missed
more than three consecutive meetings, according to the By-Laws, he may be removed
from the Committee.
George Hermanson moved to send a letter to the BCC requesting removal of David
Bryant as a member of the Developmental Services Advisory Committee. Second by
David Dunnavant. Carried unanimously, 9-0.
C. LDC Amendment Discussion - Catherine Fabacher, LDC Manager
Catherine Fabacher presented the results of the LDR Subcommittee meeting as
follows:
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August 6, 2008
LDC Section ProDosed Amendment Discussion Recommendation
3.05.07 and To require applicators of Page 120: Marco Espinar
3.05.08 pesticideslherbicides in . l.g.(ii): Insert "Any person moved to approve.
preserves, wetlands and who directly supervises up to Second by Robert
Requirement littoral shelf planting 8 persons in the application of Mulhere. Carried
for Removal areas (LSPA) to maintain pesticides/herbicides in the 8-Yes/l-No.
of Prohibited certifications from the chemical ... " Reed Jarvi voted
Exotic Department of No.
Vegetation Agriculture and
Consumer Services for
these categories: the
Natural Areas Weed
11anagernent and the
Aquatic Plant
(Page 119) 11anagement
3.04.01 - 2004 EAR-based Pae:e 153: Marco Espinar
3.04.04 Amendment In the second sentence, the moved to deny
phrase "of the ground" is approval. Second
Species Listed Plants LDRs changed to "Q[[the ground" by George
Specific CCME Policy 7.1.6; Hermanson.
~equirements Include criteria for Pae:e 152: Carried
protection of selected The capitalization is not unanimously, 9-0.
Penalties for listed plants. consistent throughout, i.e.,
Violation "Bald Eagle" and "Scrub
Corrects lettering and Jay"
numbering.
Comment:
Fiscal impacts are not clear.
Pae:e 151:
Comment: Section E is not
appropriate for this portion
of the LDC.
Pae:e 154:
Some of the listed plants
occur so frequently they
were to be eliminated, now
they are listed as "Rare" and
"Less Rare"
Pae:e 144:
"i": It was suggested the
specific date (09/07) should
be removed and state "most
(Page 139) recentlv adoDted hv FFWCC"
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August 6, 2008
3.04.01 - Comment:
3.04.04 Remove references to "minor
structures"
Species
Specific (Previous) Comment: What is
Requirements the threshold for "feasible "7 A
criterion is needed.
Penalties for
Violation (Previous) Comment:
(Cont'd.) Amendment is over-reaching;
there is no scale.
(Page 139)
1.08.02, EAC/CCPC Directed P.161: Marco Espinar
10.02.06, Change "principal" to moved to approve
and Require a vegetation "permanent" structure as amended.
3.05.05 removal permit and Second by Blair
provide determining P.163: Foley.
Criteria for criteria for removal of In last sentence of (a), add Carried 7-Yes!
Removal of vegetation containing the phrase "up to" before 2-No.
Protected nests or cavity tress of $5,000.00 (two references) David Dunnavant
Vegetation protected or listed animal and Mario Valle
species. voted No.
(Page 157)
3.05.07 A/B P.166: To be re-written
Revise definition of 7(a) to read as follows: and brought back
Preservation "native vegetation" in "The preserve requirement before the LDR
Standards accordance with new shall be based on the site Subcommittee at
definition adopted by the acreage and native its next meeting
EAR-based GMP vegetation existing at the
amendments and clarify time of application for re-
how the definition is development or expansion."
interpreted.
Delete remainder of (a) as
well as (b) and (c).
(Page 163)
8(a)(b)(c) will become a
subsection of 6.
6( c) is to be revised
Robert Mulhere moved to schedule another LDR Subcommittee meeting to review and revise
3.05.07 A/B, and Marco Espinar and Robert Mulhere will email their suggestions individually
to Steve Lenberger. Second by Marco Espinar. Carried unanimously, 9-0.
BREAK: 3:20 PM
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August 6, 2008
RECONVENED: 3:32 PM
LDC Section ProDosed Amendment Discussion Recommendation
3.05.07 F 2004 EAR-based LDR Subcommittee Robert Mulhere
Amendment previously approved as moved to approve.
Preservation amended. Second by Marco
Standards Lake Trafford Wetland Espinar. Carried
requirement unanimously,
9-0.
(Page 171) CCME Policv 6.2.4(4)
(Charles Abbot arrived at 3:40 PM)
3.05.07 2004 EAR-based LDR Subcommittee Marco Espinar
H.1.b Amendment previously denied approval moved to deny
approval. Second
Preservation LCD criteria for by Blair Foley.
Standards determining dimensional Carried
criteria for preserves unanimously,
10-0.
(Page 179) CCME Policy 6.1.1 (2)
3.05.07 2004 EAR-based LDR Subcommittee Robert Mulhere
H.1.d Amendment previously approved moved to approve.
Second by Blair
Preservation Conservation mechanisms Foley. Carried
Standards unanimously,
CCME Policy 6.1.1(3) 10-0
(Page 183)
3.05.07 H.1.e 2004 EAR-based P.I86: Reed Jarvi moved
Amendment 1. (e)(i)(a) - change 5 acres to to approve as
Preservation 10 acres for consistency with amended.
Standards Criteria for determining Environmental Impact Second by George
conditions for recreating Statement (EIS) Hermanson.
native vegetation on site Carried
unanimously,
CCME Policy 6.1.1(12) 10-0
Include criteria when
creation or restoration of
native vegetation is
(Page 185) allowed
3.05.07 H.1.g 2004 EAR-based P.194: Reed Jarvi moved
Amendment (vii) - Second sentence shall to approve as
Preservation read: "The monitoring amended. Second
Standards Preserve Management nrOl!ram must include bv GeorJ(e
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August 6, 2008
Plan revisions in LDC appropriate protocols to Hermanson.
conduct annual vegetation Carried
CCME Policy 6.1.1 (6) surveys. " unanimously,
(Page 191) 10-0.
3.05.07 2004 EAR-based Pal!e 196: Reed Jarvi moved
H.1.h.i Amendment h. Last sentence will read: to approve as
"These uses would allow amended.
Preservation Recreational Uses criteria limited access to the preserve Second by George
Standards in Preserves in a manner that will Hermanson.
CCME Policy 6. 1.1 (5)(a) minimize negative impacts Carried
" unanimously,
....
Adds criteria to define 10-0.
allowable passive uses (a)(i) - remove "in number
only"
(a)(iii) shall read: "A
minimum width of 20 feet
must be maintained on either
side of pathways for
preserves."
.
Pal!e 197:
(a)(vi) - Remove second
sentence completely
(Page 195) (iv) remove paragraph
completely
3.05.07 2004 EAR-based Pal!e 200: Marco Espinar
H.1.h.ii Amendment moved to approve
(c)(i) - The sentence shall as amended.
Preservation Stormwater Uses criteria read: "No nesting or den- Second by Mario
Standards in Preserves occupying non-wetland Valle. Carried
dependent species are unanimously,
CCME Policy 6. 1.1 (5)(b) present;" 10-0.
Adds criteria to allow for
treated stormwater within
wetland or hydric
preserve areas when the
additional stormwater will
either benefit the preserve
or will have no negative
impact on the native
vegetation or listed
species in the preserve or
to the uplands or listed
(Page 199) species within or adj acent
to the preserve.
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August 6, 2008
LDC Section ProDosed Amendment Discussion Recommendation
3.06.04 Groundwater Special LDR Subcommittee Reed Jarvi moved
Treatment Overlays previously approved as to approve.
Ground amended Second by Blair
Water Clarifies distinction in Foley. Carried
Protection treatment amount special unanimously,
treatment overlay for 10-0.
well field protection
(ST/Wl. W2 and W3)
Special treatment
overlays for natural
aquifer recharge
(STINAR) and special
treatment overlays for
areas containing unique
ecological, historical or
aesthetic resources
(Page 203)
4.08.07 Corrects inaccurate LDR Subcommittee Reed Jarvi moved
citation in two instances, previously approved to approve.
SRA specifically changing Second by Marco
Designation section 4.08.04 AA.b. to Espinar. Carried
subsection 4.08.06 AA.b unanimously,
(Page 207) 10-0.
8.06.03 and Pal!:e 212: Robert Mulhere
8.06.04 1 (a) - end after word "on moved to approve
site." as amended.
(EAC] Second by David
Powers and New (b) shall read: "No Dunnavant.
Duties; wetland impacts greater than Carried
Membership y, acre are proposed on site." unanimously,
10-0.
"old" (b), (c), and (d) are re-
lettered to (c), (d), and (e)
New (e) shall read: "Re-
Development of built-out
sites with no further impacts
to preserves."
New (t) shall read:
"Enhanced landscape areas
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August 6, 2008
used to fulfill the preserve
(Page 209) reouirement"
LDC Section Proposed Amendment Discussion Recommendation
10.02.02 A 2004 EAR-based After extended discussion, By consensus,
Amendment the Committee this Amendment
Submittal recommended referring this will be reviewed
Requirements EIS thresholds Amendment to the County by the County
for All Attorney's office for review Attorney's Office
Applications CCME Policy 6.1.8
(Page 217)
(Charles Abbott left at 5:05 PM)
10.02.6 LDR Subcommittee Reed Jarvi moved
Vehicle-on-Beach previously approved as to approve.
Submittal (VOB) permit process amended Second by Blair
Requirements and exemptions Foley. Carried
for Permits unanimously,
9-0.
(Page 235)
1.08.02 BCC Directed Suggested language: "Passive
"Activities deemed to have recreation"
Definitions Add definition of minimal negative impact on should not be
"passive recreation" natural resources or which are tied to natural
consistent with preservation resources.
enhancement, restoration, and Definition may
maintenance goals for the
need to be
purpose of habitat limited for the
conservation. "
purpose of a
Suggestion: include walking particular
and non-motorized vessels section.
such as kayaks Further
Also suggested: clarification is
needed from
"Recreational activities that BCC.
generally do not require a
developed site and include Consensus: "On
such activities as hiking, H1l11l "
horseback riding, picnicking.
Recreation involves existing
natural resources, and has a
(Page 13 7) minimal impact. "
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August 6, 2008
LDC Section ProDosed Amendment Discussion Recommendation
4.02.01 BCC Directed LDR Subcommittee Blair Foley
previously approved moved to approve.
Dimensional This amendment was Second by Mario
Standards for pulled from the 2007 Valle. Carried
Principal Cycle 1 at the direction unanimously,
Uses in Base of the BCC. Staff has 9-0.
Zoning met with the Colden
Districts Gates Estates Area Civic
Assn. to obtain citizen
(Page 243) input
5.06.04 LDR Subcommittee Blair Foley
Clarify the location previously approved moved to approve.
Sign requirements for off- Second by Mario
Standards for premises directional Valle. Carried
Specific signs unanimously,
Situations 9-0.
(Page 245)
2.06.00 LDR Subcommittee Robert Mulhere
Amend the Affordable previously approved as moved to
Affordable Housing Density Bonus amended approval subject
Housing (AHDB) provisions as to additional
Density required by GMP review by Staff.
Bonus amendment Second by Blair
Foley. Carried
(Page 247) (Ordinance #07-20) unanimously,
9-0.
10.02.07 2004 EAR-based LDR Subcommittee Marco Espinar
Amendment previously approved moved to approve.
Submittal Second by George
Requirements Amend the LCD to Hermanson.
for strike all references to Carried
Certificates of "Category A" unanimously,
Public classification of public 9-0.
Facility facilities
Adequacy
(Page 251)
(George Hermanson left at 5:/0 PM)
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August 6, 2008
Catherine Fabacher stated the next LDR Subcommittee meeting is tentatively scheduled for
August 21, 2008. She would confirm the date and send an email to the members.
D. StormwaterfF100d Damage Prevention Ordinance - Robert Wiley
Robert Wiley stated he received three comments.
(Reed Jarvi left at 5: 15 PM)
Chairman Varian announced that quorum was lost and the meeting was concluded.
DSAC Meeting Dates:
. September 3, 2008 at 3:30 PM
. October 8, 2008 at 3:30 PM
. November 5, 2008 at 3:30 PM
. December 3, 2008 at 3:30 PM
There being no further bnsiness for the good of the County, the meeting was adjourned by
order of the Chairman at 5:16 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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