DSAC Minutes 09/02/2009 R
September 2, 2009
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, September 2, 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 I :00 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
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: Gary Mullee, CDES Operations Support Manager
Catherine Fabacher, LDC Manager, Zoning & Land Dev.
Jeff Wright, Assistant County Attorney
Judy Puig, Operation Analyst, CDES - Staff Liaison
DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
September 2, 2009
p.m.
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 August 5, 2009 Meeting
IV. Public Speakers
V. LOC
A. LOC Amendment 2009 Cycle 1
VIII. Committee Member Comments
IX. Adjourn
Next Meetina Dates:
September 8. 2009
COES Conference room 610 3:00-4:30 pm
September 9. 2009
COES Conference room 610 3:00-4:30 pm
.....-..
September 16, 2009 COES Conference Room 610 - 2:00-5:00 pm
October 21 , 2009
COES Conference Room 610 - 2:00-5:00 pm
The followin times are at 1 :00 for LOC Amendments full OSAC Board:
Reaular OSAC meetinas:
December 2,2009 COES Conference Room 610 - 3:00 pm
September 2, 2009
I. Call to Order
The meeting was called to order at 1 :05 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
David Dunnavant moved to approve the Agenda as submitted. Second by Robert
Mulhere. Carried unanimously, 10-0.
III. Approval of Minutes - August 5, 2009 Meeting
Changes:
. On Page 4, George Herman was corrected to George Hermanson.
Robert Mulhere moved to approve the Minutes of the August 5,2009 Meeting as
amended. Second by David Dunnavant. Carried unanimously, 10-0.
IV. Public Speakers:
(Will be heard after the Amendment is presented.)
Staff Announcements
Gary Mullee, Financial Manager, asked to speak to the Committee concerning the Fee
Schedule revisions.
. Fee Schedule proposal- response from vendors have been slower than anticipated
. Will meet with Subcommittees on September 8th and 9th at 3:00 PM to present the
"work in progress"
. Revisions will be available for review in late September; final draft will be
presented for full DSAC review in October
. Fee Schedule will be presented to the Board of County Commissioners for review
and approval on October 27,2009
A discussion ensued concerning the amount of paper used by front desk staff. It is
anticipated that when City View is online, the amount of paper used will be greatly
reduced. City View will be added as a topic for DSAC's September 16, 2009 meeting.
(Reed Jarvi arrived at 1: 15 PM.)
V. LDC
A. LDC Amendments 2009, Cycle 1
LDC Section Proposed Amendment Discussion/Action Recommendation
Section 2.03.04 Request to add used Anthony Pires, Esq., Dalas Disney
A.1.a merchandise (5932), presented Private moved to
memorabilia, medallions Petition 2009-338 recommend
Industrial businesses (5094,) and approval.
District (I) associated retail activity to LDR Subcommittee Second by Blair
the list of permitted uses. had recommended Foley. Carried
(Page 7) approval. unanimous(v, 11-0.
2
LDC Section
Sections
3.04.01
3.04.02
3.04.03
3.04.04
Listed Species
Proposed Amendment
2004 EAR-based
Amendment
Include criteria for protection
of selected listed plants.
Revisions with regard to the
Listed Species
Section in general, gopher
tortoise and listed plants, per
direction from the CCPC
during the 2008 LDC
Amendment Cycle.
Discussion/Action
Stephen Lenberger
presented the
Amendment on
behalf of
Engineering and
Environmental
Services.
LDR Subcommittee
recommended
approval with the
following changes:
(1) Page 12, Item
c.t.: revise
language to clarify
intent concerning
exemptions for
single family lots
(2) Page 14, Item
D.I.g.: insert
"and/or" (twice)
. " . . .. from the
FFWCC and/or
recommendations
from the USFWS .."
. "assistance from
the FFWCC and/or
USFWS shall .."
(3) Page 14, Item
E.: revise language
to clarify intent
concernmg
exemptions for
single family lots
(4) Page 15, Item
A.I.: insert "native"
. "All native
habitats occupied by
gopher tortoises..."
(5) Page 15, Item
A.5.: insert "as
prepared by an
authorized Gopher
Tortoise Relocation
Agent"
3
September 2, 2009
Recommendation
Marco Espinar
moved to
recommend
approval of the
Amendment as
revised. Second by
Blair Foley.
Carried
unanimously,
11-0.
(Page 9)
. ". .. off-site
relocation plan as
prepared by an
authorized Gopher
Tortoise Relocation
Agent shall be ...
(6) Page 20, Item
S.d.: review
provisions of the
Disaster Recovery
Act ("Build Back"
Ordinance) adopted
by the BCC for
consistency
regarding applicable
time frames for
construction or repair
of permitted
structures damaged
by a named storm
(7) Page 21, Item
ii.: insert "maj or"
and remove "(greater
than that described
in i above)"
. "Prior to any
major repair work
or reconstruction. ..."
(8) Page 21, Item ii.
(c): change
"qualified
consultant" to "an
authorized Gopher
Tortoise Relocation
Agent"
. "A survey by an
authorized Gopher
Tortoise Relocation
Agent locating. . ."
(9) Page 25, under
3.04.04: change
"permitted
authorized agent" to
"an authorized
Gopher Tortoise
Relocation Agent"
. "... that is done by
an authorized
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September 2, 2009
September 2, 2009
Gopher Tortoise
Relocation Agent in
accordance with. . ."
(Charles Abbott arrived at 1:30 PM.)
LDC Section ProDosed Amendment Discussion/Action Recommendation
Section 3.05.07 2004 EAR-based Stephen Lenberger Marco Espinar
A-B Amendment presented the moved to return
Amendment on the Amendment to
Preservation Native vegetation definition behalf of the Subcommittee
Standards LDC Amendment (CCME Engineering and for further review.
Policy 6.1.1(1) - Also Environmental Second by Reed
clarified single- famil y Services. Jarvi. Carried
(Page 29) setbacks. unanimously, 12-0.
Catherine Fabacher suggested the LDR Subcommittee meet at 2:00 PM on September 16th
prior to the DSAC Meeting.
By consensus, the Committee members agreed.
Discussion ensued concerning the following Amendment which had not been heard by the LDR
Subcommitee:
. Section 3.05.07 H.l.b - Preservation Standards (Page 37)
. Section 3.05.07 H.I.e - Preservation Standards (Page 41)
(George Hermanson arrived at 1:35 PM.)
Marco Espinar moved to return the above-referenced Amendments to the Subcommittee for
further review. Second by Reed Jarvi. Carried unanimously, 13-0
By consensus, the LDR Subcommittee meeting will begin at 1:00 PM on September 16th.
LDC Section ProDosed Amendment Discussion/Action Recommendation
Section 5.05.02 To clarify how the County Stephen Lenberger Robert Mulhere
will treat the length of presented the moved to
shoreline within a Amendment on recommend
Marinas conservation easement when behalf of approval of the
calculating the number of Engineering and Amendment as
wet slips allowed. Environmental revised. Second by
Services. Dalas Disney.
Carried
LDR Subcommittee unanimously, 13-0.
recommended
approval with the
following changes:
(1) Page 40, Item
G.: insert "expressly
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September 2,2009
and specifically"
. " ... the
Conservation
Easement expressly
and specifically
(Page 97) excludes the use..."
IV. Public Speaker:
Kathleen R. Robbins, Vanderbilt Beach Residents Association, expressed concern
regarding revision to the Amendment and the potential affect other Conservation
easements that did not anticipate the necessity to exclude "in-water structures." She
suggested re-wording the Amendment from "expressly and specifically exclude..." to
"expressly and specifically anticipate. ..."
Discussion ensued.
LDC Section Proposed Amendment Discussion/Action Recommendation
Section 10.02.06 To change the requirement Stephen Lenberger Robert Mulhere
for the (annual) vehicle-on- presented the moved to
the- beach (VOB) permit to Amendment on recommend
Submittal a one-time permit (vehicle behalf of approval. Second
Requirements for registration). Engineering and by Reed Jarvi.
Permits Environmental Carried
Services. unanimously, 13-0.
LDR Subcommittee
recommended
(Page 101) approval of the
Amendment.
Section I.08.02 To define balconies in a LDR Subcommittee By consensus, the
manner that distinguishes had recommended Amendment was
"roofed" balconies from revising the Amend- referred to Staff
Definitions: "unroofed" balconies. ment to provide for clarification,
clarification of the and the revised
"Balcony/Porch reasoning behind the version will be
and Deck" definitions for brought before
"balcony" and DSA C for review.
"porch. "
DSAC recommended
changing "guard" to
"hand" rail in the
definition of "Porch"
and changing the
definition of "Porch"
as follows: Exterior
(Page 1) structure with a
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September 2, 2009
roof, containing a
door that provides
an entrance to the
porch and may also
have steps and a
handrail.
Also suggested was
modifying the
definition of "Deck"
to include: "... a
deck that is over 30
inches is subject to
set back. "
Section I.08.02 To restore certain LDR Subcommittee No action was
restrictions which no longer had recommended required.
appear within the definition approval of the
Definitions: and were omitted during the Amendment subject
"Dwelling, re-codification process. to changes to be
Multiple Family" made by Staff.
The revised
Amendment was
returned to DSAC
for review of the
(Page 3) (Omission) changes.
Section t.08.03 BZA Directed DSAC recommended By consensus, the
amending the Amendment was
Return chord method of definition of "Depth" referred to Staff
Definitions: measurement to be used to as follows: for clarification,
"Yard, front" determine location of " . .. provided the and the revised
setback on irregularly- depth, as measured version will be
shaped lots and those facing from the property brought before
cul-de-sacs. line, at any point, is DSA C for review.
never less than . . . "
(Page 5)
Section 2.03.07 Correct Bayshore "Drive" to LDR Subcommittee Reed Jarvi moved
read Bayshore "Way." had recommended to recommend
Overlay Zoning approval of the approval of the
Districts - Amendment. Amendment.
Goodland Storage Second by George
Sheds Hermanson.
Carried
(Page 9) (Scrivener's Error) unanimously, 13-0.
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September 2, 2009
LDc Section Proposed Amendment Discussion/Action Recommendation
Sections Revised in GMP FLUE This Amendment By consensus, the
3.06.06 will be returned to Amendment was
C, E, F, & H To replace the existing DSAC for review. referred to Staff
Illustration with the for clarification,
Regulated proposed update of the and the revised
Wellfields - appropriate Collier County version will be
Golden Gate, Utilities Wellfield brought before
FGUAGGC, Illustration. DSA C for review.
Orange Tree and
Ave Maria
(Pages 57, 59, 61,
63 and 65)
Section 4.05.02 M Replace current graphic/ DSAC recommended By consensus, the
Exhibit which has become approval subject to Amendment was
Typical Off-Street illegible over time. the County providing referred to Staff
Parking Design, a better quality for correction, and
Exhibit A graphic. the revised version
will be brought
Correction before DSAC for
Page 71: review.
. Change the
sidewalk dimension
from 5' to 7'.
(Page 69) (Clarification)
Section 4.02.01 Allows for encroachment of . During the 2008 By consensus, the
pool equipment and well LDC Cycle, Staff Amendment was
Dimensional pumps, if unenclosed, into proposed allowing referred to Staff
Standards for required yards. unenclosed pool for correction and
Principal Uses in equipment and well the revised version
Base Zoning pumps to be located will be brought
Districts in the side yard of a before DSA C for
property. DSAC review.
approved the revised
Amendment.
. The BCC stated
pool and all AlC
equipment should be
located in the rear of
the yard or indented
into the side yard.
DSAC was directed
to review proposed
changes and make
8
September 2, 2009
recommendations.
. DSAC is to
determine if changes
will impose an
additional financial
burden on
homeowners and
perform a basic cost
assessment.
Corrections
Page 67:
. Remove first
Bullet Point
. Second Bullet
Point - correct dollar
amount is $1,000
. Add language
to the last Bullet
Point clarifying the
energy efficiency of
the unit will be
negatively affected.
. Add Bullet Point -
concerns regarding
creation of non-
conformity and cost
of retrofitting design
vs. change to initial
(Page 67) house drawings
Sections Brings two inconsistencies LDR Subcommittee Robert Mulhere
4.06.01 - with changes to graphics recommended moved to
Generally and text - to eliminate approval of the recommend
conflicts in the Code. Safe Amendment. approval of the
6.06.07 - Clear Sight triangles are required Amendment.
Sight Distance to be 30 feet from the point Second by Reed
of intersection, not 25 feet. Jarvi. Carried
unanimously, 13-0.
(Page 73) (Clarification)
Section 4.06.05 Restore previously omitted LDR Subcommittee Robert Mulhere
subsection and update recommended moved to
General Section cross-reference. approval of the recommend
Landscaping Amendment. approval of the
Requirements Amendment.
Second by Reed
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September 2, 2009
Jarvi. Carried
(Page 77) (Omission) unanimously, 13-0.
Sections Re-write the Temporary Use Discussion ensued. By consensus, the
5.04.05 Permit Section to clarify and DSAC asked Staff Amendment was
5.0505 include uses previously for clarification of referred to Staff
5.04.06 contained within the Sign "Special Events," for clarification,
5.04.07 Code. "Temporary Use and the revised
5.04.08 Permits," and version will be
10.02.06 G and slgnage. brought before
Appendix G DSA C for review.
Temporary Use
Permits
(Page 79)
Discussion ensued regarding Section 5.05.05 - Automobile Service Stations. At the August 5,
2009 meeting, DSAC's recommendation was to revise the Amendment and bring it before the
LDR Subcommittee for review.
VI. Committee Member Comments
(None)
Next Meetinl!:
DSAC/ Building Dept. Fees Subcommittee - September 8, 2009 - 3 :00 PM
DSAC/ Zoning-Engineering-Environmental Fees Subcommittee - September 9, 2009 - 3:00 PM
LDR Subcommittee Meeting - September 16, 2009 -1:00 PM
Special (Full Board) DSAC Meeting - September 16,2009 - 3:00 PM
There being no further business for the good of the County, the meeting was adjourned by
order of the Chairman at 2:45 PM.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
William Varian, Chairman
The Minutes were approved by the Board/Committee on
as presented , or as amended
10