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DSAC Minutes 10/07/2009 R October 7, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, October 7, 2009 LET IT BE REMEMBERED that the Collier County Development Services Advisory Committee, having conducted business herein, met on this date at 1 :00 PM in REGULAR AND LDC 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) J ames Boughton (Excused) Clay Brooker Laura Spurgeon DeJohn Dalas Disney David Dunnavant Marco Espinar (Excused) Blair Foley George Hermanson Reed Jarvi Robert Mulhere Reid Schermer (Absent) Mario Valle (Excused) ALSO PRESENT: Joe Schmitt, Administrator, CDES Judy Puig, Operations Analyst, CDES - Staff Liaison Jeff Wright, Assistant County Attorney Nick Casalanguida, Director, TransportationIPlanning Gary Mullee, CDES Operations Support Manager Ed Riley, Fire Code Official, Fire Code Office Amy Patterson, Impact Fee Manager DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA October 7, 2009 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 September 16, 2009 Meeting IV. Public Speakers (other than those related to LDC Amendments) V. LDC A. LDC Amendment 2009 Cycle 1 VI. Staff Announcements/Updates A. Public Utilities Division Update - Phil Gramatges B. Fire Review Update - Ed Riley (Fire Alarm Rehabilitation work Memo) C. Transportation Division Update - Nick Casalanguida D. CDES Update - Joe Schmitt VII. Old Business A. Parks & Recreations Impact fee study "update" - Amy Patterson VIII. New Business A. CDES Fee Schedule - Gary Mullee IX. Committee Member Comments X. Adjourn Next Meetina Dates CDES Conference Room 610 - 2:00-5:00 pm October 21,2009 Reaular DSAC meetinas: November 4,2009 CDES Conference Room 610- December 2, 2009 CDES Conference Room 610 - 3:00 pm October 7, 2009 I. Call to Order The meeting was called to order at 1: 12 PM by Chairman William Varian and a quorum was established. Chairman Varian read the procedures to be followed during the meeting. Chairman Varian requested a moment of silence in memory of committee member Charles Abbott who passed away on October 2,2009. It was suggested to recommend a commendation, i.e., the "Advisory Committee Member Recognition," to honor Charley's service to the committee. Judy Puig, staff liaison, was asked to obtain additional information. II. Approval of Agenda Chairman Varian stated Item V, "LDC Amendments," will be heard until 3:00 PM. David Dunnavant moved to approve the Agenda as submitted. Second by Reed Jarvi. Carried unanimously, 8-0. III. Approval of Minutes - September 16, 2009 Meeting Correction: . Page 4, under "C," Willow Road was changed to Oil Well Road Clay Brooker moved to approve the Minutes o/the September 16,2009 Meeting as amended. Second by Reed Jarvi. Carried unanimously, 8-0. Catherine Fabacher noted the information packet distributed to the members contained the minutes of the LDR Subcommittee Meeting, also held on September 16, 2009. IV. Public Speakers: (to be heard following Item presentation) V. LDC A. LDC Amendment 2009 Cycle 1 Section 2.03.07 L - Vanderbilt Beach Residential Tourist Overlay District Private Petition presented by Patrick White, Esq., Porter, White et aI, on behalf of the Vanderbilt Beach Resident's Association Purpose: Applicant seeks to establish procedures requiring all development and re-development within the VBRTO to provide SPD/SIP notification to all property owners within 500 feet of the subject property. Also proposes the removal of permitted encroachment into required yards for VBRTO. Previous Action: The LDR Subcommittee approved the amendment subject to removal of the notification requirements and removal of the proposed setbacks for accessory structures. The amendment, as revised, was forwarded to DSAC for review and approval. EA C requested revisions: 2 October 7, 2009 . (Page 8) "5. d. - Site Improvement:" the EAC re-inserted text removed by DSAC as follows: (1) By mail to all property owners within 500 feet of the lands comprising the boundary of such application and... at line 5, following the word "provided" (2) To all required property owners ... at line 10, following the word "notice" . (Page 8) "6. - Dimensional Standards:" the EAC re-inserted text removed by DSAC: (Specifically including ramps for parkingfacilities) at line 2, following the word "accessory" . (Page 9) "6. f. - Distance between Structures:" the EAC re-inserted text removed by DSAC: (Specifically excluding accessory buildings used for essential services such as utilities) at lines 3 and 4, following the word "buildings" Discussion ensued regarding the EAC's intentions, "Burt-Harris" issues, unintended consequences, possible environmental issues with regard to set-backs, and height versus zoned height. (Dalas Disney arrived at 2:00 PM) Provosed Chanf!es: . (Page 8) "5. d. - Site Improvement" - remove the text re-inserted by the EAC (see above) . (Page 9) "6. f. - Distance between Structures" (Line 5): o (Line 5) insert the phrase,for accessory buildings, following the word "feet" o (Line 5) change the word "or" to "and" o (Line 5) change "actual" to "zoned" heights (for consistency) o (Line 6) remove the phrase, whichever is greater . (Page 10) "13. Vested Rights"- o Remove the language following the word "approval" (at line 3) through the word "thereafter" on line 10 (To clarify: "... or plat approval are subject to the.. .") George Hermanson moved to revise the Amendment as outlined above and return the revised document to DSAC at its next meeting. Second by Bob Mulhere. Public Speaker: Kathy Robbins, Secretary - Vanderbilt Beach Resident's Association, stated the Association preferred to receive advance notice of projects under development in the Vanderbilt Beach area and supported the suggested revisions to the amendment. Motion carried, 8 - "Yes"/1- "No." David Dunnavant was opposed. Section 3. 06.06 - Regulated Well Fields 3 October 7, 2009 Presented by Ray Smith, Director, Pollution Control Prevention Department Pumose: "C" - Replace existing Illustration "C" with proposed update of Collier County Utilities Golden Gate Well Field Illustration "E" - Replace existing Illustration "E" with proposed update of Florida Governmental Utility Authority Golden Gate City Well Field Illustration "F" - Replace existing Illustration "F" with proposed update of Orange Tree Well Field Illustration "H" - Add Ave Maria Utility Company Well Field "H" - Insert a new Ava Maria Utility Company Well Field Illustration which will be referred to as 3.06.06 H Previous Action: The Well Fields Protection Zones were adopted within the Growth Management Plan - Future Land Use Element ("Well Head Protection Areas") A definition of "W -I" was requested: travel time of a particle of water from its source to the well head. Proposed Changes: . Orange Tree Well Field illustration is to be labeled Clay Brooker moved to recommend approval of the Amendments as outlined above and forward the recommendation to the Board of County Commissioners for review. Second by Robert Mulhere. Carried unanimously, 9-0. Section 3.05.07 H.1.b - Preservation Standards (2004 EAR-based Amendments) Section 3.05.07 H.1.d - Preservation Standards (2004 EAR-based Amendments) Section 3.05.07 H.1.e - Preservation Standards (2004 EAR-based Amendments) Section 3.05.07 H.1.e: - Preservation Standards (2004 EAR-based Amendments) Presented by Stephen Lenberger, Senior Environmental Specialist Previous Action: . The LDR Subcommittee unanimously approved Amendments (b), (d) and (e) as presented. . Re: Amendment (g), the subcommittee recommended approval pending a change on page 47 in Subparagraph "viii." at line 7: insert "levels" following the word "water" and delete the phrase "monitoringfor hydrology" (Note: staff incorporated the change.) Proposed Changes: . To H.1.b (Page 25) "b. - Minimum dimensions" - (Line 8) change the word "is" to "are" Discussion ensued concerning the size of the "structural buffer" (see page 45) Robert Mulhere moved to recommend approval of the four EAR-based Amendments outlined above and forward recommendation to the Board of County Commissioners for review. Second by George Hermanson. Carried unanimously, 9-0. 4 October 7, 2009 Section 10.02.07 - Submittal Requirements for Certificates of Public Facility Adequacy Presented by Amy Patterson and Nick Casalanguida Purpose: Change the portion of transportation impact fees to be paid, upon approval of final local Development Order from 50% to 20%, and the balance due shall be paid in 20% increments per year thereafter. Reason: To comply with Ordinance Amendment 2009-09 adopted by the BCC on March 10,2009. Robert Mulhere moved to recommend approval of the Amendment and forward the recommendation to the Board of County Commissioners for review. Second by David Dunnavant. Carried unanimously, 9-0. Section 10.02.13 - Planned Unit Development ("PUD") Procedures Purpose: To clarify responsibility for submittal ofPUD Monitoring Reports and correct sun-setting text - extensions run from original sunset date vs. original approval date Reason: The County Attorney's Office has determined the responsibility for submittal of the Annual Monitoring Report is held by the owner of the undeveloped or developing lands. In the case of a fully-developed PUD, the responsibility is held by the owners (governing associations) of the common lands. Proposed Changes: . Page 94, third line (from the top) - capitalize Board of County Commissioners George Hermanson moved to recommend approval of the Amendment andforward the recommendation to the Board of County Commissioners for review. Second by Dalas Disney. Carried unanimously, 9-0. Section 10.03.05 - Notice Requirements for Public Hearings Purpose: To add public notice and advertising requirements for Conditional Use Extensions ("CUE") Discussion ensued. Consensus: additional information is required. The amendment will be returned to the LDR Subcommittee for further review. BREAK: 2:55 PM RECONVENED: 3:05 PM Chairman Varian stated Judy Puig obtained the "Advisory Committee Outstanding Member Nomination" form regarding recognizing Charley Abbott's service. Consensus: Chairman Varian will complete the form and submit it to the Board of County Commissioners for approval. 5 October 7, 2009 VI. Staff Announcements/Updates A. Public Utilities Division Update - Phil Gramatges . No report B. Fire Review Update - Ed Riley . 536 reviews were conducted (refer to submitted monthly report) . A copy of a memo, dated September 20, 2009, concerning (Chapter 43) entitled "Existing Building Rehabilitation Code Compliance Guidelines" was distributed to the members. C. Transportation Division Update - Nick Casalanguida . Mining Impact Fees Study will be presented to the BCC on October 27,2009 . Projected construction date for the Vanderbilt Drive bridge is November, 2009 D. CDES Update - Joe Schmitt . 5-day work week has returned . Fiscal Year 2009-2010 has begun VII. Old Business A. Parks & Recreation Impact Fee Study Update - Amy Patterson . Study will be presented to the BCC on October 27,2009 In response to questions asked during the September meeting regarding how preserve areas were considered in the Fee Impact Study, Amy Patterson stated preserve areas were removed from the inventory, i.e., if a preserve area was not accessible to the public, it was not valued. For example, only 25 of Freedom Park's 50 acres were counted in the study. Facilities Inventory: . Fun-N-Sun Lagoon has $54M of debt service and was not counted as part of the Impact Fee calculation Ms. Patterson stated the population figure was compiled in 2008 by the Comprehensive Planning Department. Discussion ensued concerning the disparity in land cost projections for regional parks versus community parks. All values were checked against data from the Property Appraiser's Office. The difference is because regional parks are passive while community parks are intensively used. In response to a question concerning why beaches were not included, Ms. Patterson stated any land that was either State or Federally owned could not be included. She further stated staffs position was to accept the study as prepared, but the Productivity Committee has recommended an additional decrease of 12% for community parks and 18% for regional parks. Robert Mulhere moved/or DSAC to: 6 October 7, 2009 . support the Productivity Committee's recommendation for further reductions for community and regional parks; . suggest to the Board of County Commissions to direct the Consultant(s) to further review the anomalies associated with the differential land costs and improvement costs for regional and community parks; . recommend to the Board of County Commissioners to consider reducing the Level of Service in recognition of the State and/or Federally owned recreational facilities which cannot be counted in the inventory; . recommend to the Board of County Commissioners to consider an adjustment related to the excessive costs for specific anomalies, i.e., Sun-N-Fun Lagoon and the parking garage. Second by George Hermanson. Carried unanimously, 9-0. VIII. New Business A. CDES Fee Schedule - Gary Mullee and Phil Gonot, PMG Associates . A copy of the Contractor Licensing Fee Schedule Study was distributed to the members o Fees were approximately 10% less than originally proposed o Fee Schedule was approved by the Contractor Licensing Board on on September 16, 2009 . A copy ofthe Building Permit Fee Analysis was distributed to the members o Fees were split into two components: Review fees and inspection fees . Performance standards and time-lines were discussed with the subcommittee (5 day turn-around time for new residential construction and 15 day turn- round time for new commercial construction) . Review fees (50%) will be refunded iftime-lines are not met by the County (Blair Foley left at 4:00 PM) . Additional documents were distributed to the members: a draft of the Executive Summary and a comparison of fee schedule (current vs. proposed) Discussion ensued concerning the fee comparison summary, suggested cap of reserves for Fund 113, possible hiring of additional inspectors, debt service, fleet vehicles, multiple inspection rates, and records storage fees. Joe Schmitt stated the Building Department must maintain all records related to the issuance of building permits pursuant to Florida Statutes. More information is being obtained, including an opinion from the County Attorney. A question was asked concerning the ratio of correction letters to permits. Gary Mullee stated he will research the issue and return with information after the new performance standards become effective. Concern was expressed by a member regarding the lack of advance notice to review the documents presented, and back-up data was requested. Robert Mulhere moved to recommend approval of the Contractor Licensing Fee Schedule, the Building Permit Fee Analysis, and subsequent staffrecommendations 7 October 7, 2009 for fee adjustments, subject to one additional Building Subcommiuee Meeting, and any mutually agreeable recommendations from said Subcommiuee Meeting. Second by Reed Jarvi. Carried unanimously, 8-0. IX. Committee Member Comments Chairman Varian noted Reid Schermer has been absent for more than two consecutive DSAC Meetings. Previously, the committee sent a registered letter to a member's home address explaining his/her position was in jeopardy and requesting a response concerning continued membership. Judy Puig was asked to send a notification letter to Mr. Schermer. Chairman Varian also noted the passing of Charley Abbott created a vacancy on the committee. The procedure is to send a letter informing the Board of County Commissioners of the vacancy and requesting initiation of the appointment process. Robert Mulhere moved to recommend that Chairman Varian send a leuer to the Board of County Commissioners informing the BCC of the vacancy and requesting implementation of the appointment process. Second by Dalas Disney. Carried unanimously, 8-0. Next Meetinl!s: LDR Subcommittee - October 21, 2009 at 2:00 PM Full DSAC Committee - November 4,2009 at 1:00 PM December 2, 2009 at 3:00 PM ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 5:15 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman The Minutes were approved by the Board/Committee on as presented or as amended 8