DSAC Minutes 08/05/2009 R
August 5, 2009
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, August 5, 2009
LET IT BE REMEMBERED that the Collier County Development Services
Advisory Committee, in and for the County of Collier, having conducted business
therein, met on this date at 1 :30 P.M. in REGULAR SESSION in Conference
Room #610, Collier County Community Development and Environmental Services
Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following Members
present:
CHAIRMAN:
Vice Chair:
William Varian
Thomas Masters (Excused)
Charles Abbott
J ames Boughton (Excused)
Clay Brooker
Laura Spurgeon Dejohn
Dalas Disney
David Dunnavant
Marco Espinar
Blair Foley
George Hermanson
Reed Jarvi
Robert Mulhere
Reid Schermer (Absent)
Mario Valle
ALSO PRESENT: Joe Schmitt, Administrator, CDES
Judy Puig, Operations Analyst, CDES - Staff Liaison
Bob Dunn, Director, Building Review and Permitting
Gary Mullee, CDES Operations Support Manager
Catherine Fabacher, LDC Manager, Zoning & Land Develop.
Stan Chrzanowski, Senior Engineer
Jeff Wright, Assistant County Attorney
DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
Conference Room 610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts
the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and
hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the
Chairman, and speak into a microphone. State your name and affiliation before commenting. During
discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room
to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules
of Order, and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the
Hearing Reporter can record all statements being made.
I. Call to Order - Chairman
II. Approval of Agenda
III. Approval of Minutes from July 1,2009 Meeting
IV. Public Speakers
V. Staff Announcements/Updates
A. Public Utilities Division Update - Phil Gramatges
B. Fire Review Update - Ed Riley
C. Transportation Division Update - Nick Casalanguida
D. CDES Update - Joe Schmitt
VI. LDC
A. LDC Amendment 2009 Cycle 1
VII. Old Business
A. None
VIII. New Business
A. Discuss copy charges for DSAC packets - Gary Mullee
IX. Committee Member Comments
X. Adjourn
Next Meetina Dates
II..............
August 19, 2009 CDES Conference Room 610 - 2:00-5:00 pm
September 16, 2009 CDES Conference Room 610 - 2:00-5:00 pm
November 4,2009 CDES Conference Room 610 - 3:00 pm
December 2,2009 CDES Conference Room 610 - 3:00 pm
August 5, 2009
I. Call to Order
The meeting was called to order at 1: 3 0 PM by Chairman William Varian and a
quorum was established.
Chairman Varian read the procedures to be followed during the Meeting.
II. Approval of Agenda
Chairman Varian revised the Agenda: Item VI, "LDC," will follow Item II.
Marco Espinar moved to approve the Agenda as amended. Second by Reed Jarvi.
Carried unanimously, 8-0.
VI. LDC
A. LDC Amendments 2009, Cycle 1
(Mario Valle arrived - 2: 10 PM)
LDC Section Proposed Amendment Discussion Recommendation
Section 2.03.07 L Applicant seeks to Patrick White, Esq., Robert Mulhere
establish procedure presented Private moved for the
requiring all development Petition LDCA-2009- Amendment to be
and re-development AR-14280. revised to eliminate
Vanderbilt Beach within the VBR TO to the notification
Residential- provide SDP/SIP Discussion items: requirement and to
Tourist Zoning notification to all property . notice issue- clarify the separation
District owners within 500 feet of proper disclosure between structures,
(VBRTO) the subject property. . fiscal impact or to not recommend
Also proposes the . separation between the Amendment.
removal of permitted structures Second by George
encroachment into . possible Hermanson.
required yards for exemptions
VBRTO. . vesting language Robert Mulhere
amended the motion
to include that Staff
review pages 37- 40
for possible deletion.
Second by George
Hermanson.
Motion carried, "7-
Yes''l''' 2 - No."
David Dunnavant
and Marco Espinar
(Page 31) (Vanderbilt Beach opposed stating the
Resident's Association) Amendment should
be rejected in its
entiretv.
2
August 5, 2009
(Dalas Disney arrived - 2:30 PM)
LDC Section Proposed Amendment Discussion Recommendation
Section Applicant has proposed the Richard Y ovanovich, Robert Mulhere
2.03.03 E.l addition of a manufacturing Esq., presented moved to approve
use, surgical and medical Private Petition the Amendment as
instruments and apparatus PL2009-491. presented. Second
Heavy (SIC 3841) to the list ofC-5 by Reed Jarvi.
Commercial Permitted Uses. Said use is Carried
District (C-5) presently permitted within unanimously,
areas zoned Industrial (I) 10-0.
and Business Park (BP)
(Page 9)
Section 2.05.01 Applicant seeks to apply the Robert L. Duane Robert Mulhere
26 du/ac density standard presented Private moved to approve
for Hotels and Motels Petition PL2009- the Amendment as
within the Residential 467 presented. Second
Definitions / Tourist (RT) zoning district by Mario Valle.
Density Standards to timeshare properties, Motion carried,
and Housing which are currently Changes: "9 - Yes"/ "1 -
Types restricted to a density of 12 Page "H" - restricted Abstention. "
du/ac density is 16, not 12.
George
Hermanson
abstained due to
(Page 41) conflict of interest.
(Blair Foley arrived at 2:55 PM)
Section 2.03.07 G Proposed interim Robert Mulhere Reed Jarvi moved
administrative deviation presented Private to approve the
ImmokaIee process. These provisions Petition LDCA- Amendment as
Deviation Process are designed to be 2009-AR-14280. presented. Second
/ Interim temporary until the by David
Standards Immokalee Area Master Changes: Dunnavant.
Plan amendment is adopted. Page 26, (a.)- Motion carried,
change "is" to "if' in "10-Yes''l' "1-
the last sentence Abstention. "
Page 26, (top) under
3.05.07.B.1. - add Robert Mulhere
"Preservation" to abstained due to
(Page 21) (Immokalee CRA) "Table" con.flict of interest.
BREAK: 2:58 PM
RECONVENED: 3:04 PM
3
August 5, 2009
(George Hermanson left - 3:10 PM)
LDC Section Proposed Amendment Discussion Recommendation
Section 1.08.02 Certain restrictions no Catherine Fabacher David Dunnavant
longer appear within the presented the moved to approve
definition, they were Amendment on the Amendment as
Definitions omitted during the re- behalf of Zoning & amended during
codification process; restore Land Development discussion.
"Dwelling, same. Review. Second by Robert
multiple-family" Mulhere. Motion
(Omission) carried, "9- Yes ''l''' 1-
Changes: Abstention"
. "conventional"
will be removed Clay Brooker
from the definition abstained from
. The definition voting since he had
will end at the not been present for
word "both." discussion.
(Page 1)
(Clay Brooker arrived - 3: 12 PM)
Section 1.08.02 Robert Mulhere
moved to approve
Definitions Delete definition - no the Amendment as
longer referred to by presented. Second
"Subdivision, Section 10.02.02 by David
Minor" Dunnavant.
Carried
unanimously, 11-0.
Note: George
Hermanson was
not present for the
(Page 3) vote.
(George Herman returned - 3:20 PM)
Section 2.01.00, Regulations for the parking, Catherine Fabacher Robert Mulhere
Generally use, and storage of presented the moved to approve
Amendment on behalf the Amendment
(Parking use and recreational vehicles were of Zoning & Land as presented.
moved to the Code of Laws.
storage of See Ordinance 08-64. Development Review. Second by George
recreational Section 2.01.00 is being Hermanson.
vehicles) Changes: Carried
removed from the LDC per
direction of the County Page 5 - change "of unanimously,
all" to "all of." 12-0.
(Page 5) Attorney's Office.
4
August 5, 2009
LDC Section Proposed Amendment Discussion Recommendation
Section 2.03.07 Amend the Permissable Robert Mulhere
1.6. Land Uses Table, moved to approve
Performing Arts Theater - the Amendment
Bayshore Mixed footnote 8, to increase as presented.
Use Overlay seating capacity from a limit Second by Clay
District Brooker. Carried
(BMUD) of200 to 500 people. unanimously,
This request was overlooked 12-0.
in 2006 LDC Cycle 1
(Page 29) (Omission)
Section 4.02.35 During GTMUD revision Robert Mulhere
(LDCA 2006 - Cycle 1) moved to approve
Design Standards changes were made to the the Amendment
for Development text of the standards; staff as presented.
for the GTMUD overlooked changes to the Second by Blair
Mixed Use graphic illustrations of those Foley. Carried
Subdistrict provisions. The graphics unanimously,
will be corrected to remove 12-0.
conflicts.
(Page 47) (Omission)
Section 4.05.02 M David Dunnavant
moved to approve
Typical Off-Street Changes: the Amendment
Parking Design- Page 55 under "M"_ provided a better
Exhibit A Replace current change "foe" to "for" copy is presented
graphic/exhibit which has to the Sub-
become illegible, over time. committee at the
next meeting.
Second by George
Hermanson.
Carried
unanimously,
(Page 55) 12-0.
Section 4.05.04 Ordinance 91-102, as Robert Mulhere
amended, section 2.3.13 moved to approve
Parking Space (Off-Street Parking: not to the Amendment
Requirements be reduced or changed) was as presented.
lost during re-codification; Second by Blair
return language verbatim. Foley. Carried
unanimously,
(Page 59) (Omission) 12-0.
5
August 5, 2009
LDC Section Proposed Amendment Discussion Recommendation
Section 5.05.05 Stipulate that the minimum By consensus: the
yard requirements Amendment will
(setbacks), as provided be revised and
Automobile within the table of site brought back to
Service Stations design requirements, applies the Subcommittee
to all structures -- principal for review.
and accessory.
(Page 63) (Omission)
Sections Clay Brooker
8.03.00,8.03.01, moved to approve
8.03.02, 8.03.03, Bee directed the Amendment
8.03.04, 8.03.05, as presented.
8.03.06,8.03.07, The Board of County Second by Dalas
8.03.08, 8.04.00, Commissioners passed Disney. Carried
8.04.01, 8.04.02, Ordinance Nos. 09-29,09-30, unanimously,
8.04.03, 8.04.04, 09-31,09-32,09-33, which
8.04.05, 8.04.06, relocated the Planning 12-0.
8.05.00, 8.05.01, Commission, the Board of
8.05.02, 8.05.03, Zoning Appeals, the Building
8.05.04, 8.05.05, Board of Adjustments and
8.06.00,8.06.01, Appeals, the Environmental
8.06.02, 8.06.03, Advisory Council and the
8.06.04, 8.06.05, Historic/ Archaeologic
8.06.06,8.06.07, Preservation Board to the
8.06.08, 8.06.09, Code of Laws and Ordinances.
8.06.10,8.07.00, This LDC Amendment
8.07.01,8.07.02, removes those boards from the
8.07.03,8.07.04, LOC.
8.07.05.
(Page 65)
Discussion ensued concerning the time for the August 19th LDR Subcommittee meeting. The
meeting will begin at 1 :30 PM, instead of2:00 PM.
III. Approval of Minutes - July 1,2009 Meeting
Reed Jarvi moved to approve the Minutes of the July 1,2009 Meeting as submitted.
Second by Dalas Disney. Carried unanimously, 12-0.
IV. Public Speakers
(None)
V. Staff Announcements/Updates
A. Public Utilities Division Update - Nathan Beals for Phil Gramatges
6
August 5, 2009
. AUIR Update has been completed and will be submitted to Comprehensive
Planning for review.
. Awarded two Big Cypress Basin Alternative Water Supply Grants of$200,000
each.
B. Fire Review Update - Ed Riley, Fire Code Official
(Not present. Fire Plan Review - Time Frame and Activity Report was distributed to
Committee.)
C. Transportation Division Update - Nick CasaIanguida
(No Report.)
D. CDES Update - Joe Schmitt, Administrator
. Four-day work week will conclude beginning October 1, 2009.
. Lagging review times are due to reductions in staff.
. $1.4M was borrowed from Parks & Rec Capital Fund to handle overhead and
must be repaid.
. Fee Schedules - the Consultants have not forwarded any reports to date
. It is anticipated that Building Permits will increase by 30 - 40% and Zoning
Petitions will increase by approximately 90 - 100%.
. The increased fees, including Contractor Licensing fees, will allow additional
staff to be hired.
. Board of County Commissioners had considered the privatization of the Building
Department, but fees will triple.
. City View - the Planning Department module (Phase II) is operational but in the
process of being "tweaked"
. The Building Department module is expected to be online by November.
VII. Old Business
(None)
VIII. New Business
A. Discussion of Copy Charges for DSAC Packets - Gary MulIee
. C/Ds of material will be available.
. Agendas and informational materials will be electronically distributed unless
specific requests are made for hard copies.
. Electronic projection equipment will be provided for use at each meeting.
Stan Chrzanowski stated when a Plat or SDP is submitted, Engineering Inspection and
Review Fees are collected. It has been proposed to change the time when the fees are
collected to the Pre-Construction Meeting, rather than at application. Objective is to
collect the fee later in the process when the service is provided. A suggestion was made
to impose a "penalty" if fees are not paid prior to beginning construction, i.e., no fee will
be charged for Pre-Construction meetings while fees will be charged for Post-
Construction meetings. It was also suggested to combine the Pre-construction Meetings
for Planning and Utility into one meeting.
7
August 5, 2009
B. Fire Permit Form (Building Rehabilitation) - Dave Raub, Fire Marshall, North
Naples Fire District
. Florida Fire Prevention Code went into effect in January, 2009.
. Chapter 43 was added to the Code and addresses rehabilitation areas within
existing commercial structures.
. A form has been created which the building is to submit to the District Fire
Marshall prior to submission of permit application to the Fire Code Office.
(Robert Mulhere and Blair Foley left - 4:30 PM.)
. Determination will be made whether renovation/rehabilitation complies with
existing standards or is to be brought up to the new Code.
. Time frame for the inspection is usually within two to three days.
Discussion ensued regarding liability of risk and who is to sign the form. It was
suggested the form should be submitted to the Fire Code Official at the same time as
a permit application as part of the review process. The form will be reviewed and
revised as appropriate. Goal is "consistency of enforcement."
(George Hermanson left - 4:35 PM.)
Chairman Varian suggested adding discussion of the Fire Permit Form with Ed
Riley as an Agenda topic for the next DSAC Meeting.
IX. Committee Member Comments
(None)
Next Meetin2::
LDR Subcommittee Meeting Dates: August 19, 2009 at 1:30 PM (Note: time change)
September 16, 2009 at 2:00 PM
DSAC Meeting Dates: September 2,2009 -1:00 PM
October 7, 2009 -1:00 PM
November 4,2009 - 3:00 PM
December 2, 2009 - 3:00 PM
There being no further business for the good of the County, the meeting was adjourned by
order of the Chairman at 4:45 PM.
8
August 5, 2009
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
William Varian, Chairman
The Minutes were approved by the Board/Committee on
as presented , or as amended
9