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DSAC Minutes 11/04/2009 R November 4, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, November 4, 2009 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 PM 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 (Absent) James Boughton Clay Brooker Laura Spurgeon Dejohn (Excused) Dalas Disney (Excused) David Dunnavant Marco Espinar (Excused) 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 Jeff Wright, Assistant County Attorney Nick Casalanguida, Director, TransportationIPlanning Gary Mullee, CDES Operations Support Manager Amy Patterson, Impact Fee Manager Michele Mosca, AICP, Principal Planner DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA November 4, 2009 ~!~II,!!i~lt~ 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 October 7, 2009 Meeting IV. Public Speakers (other than those related to lOC Amendments) V. LOC A. LDC Amendment 2009 Cycle 1 VI. 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 VII. Old Business A. Brief update on the Zoning/Engineering & Environmental Fee study - Gary Muilee VIII. New Business A. Discuss DSAC Vacancies - the foilowing terms expiring: 1. James Boughton - December 14'h 2. Clay Brooker - December 14'h 3. Reid Schermer - December 14'h 4. Reed Jarvi - December 14'h The following need to be filled: 1. Chariey Abbott 2. Thomas Masters IX. Committee Member Comments X. Adjourn Next Meetina Dates December 2, 2009 January 6, 2010 February 3, 2010 March 3, 2010 April 7, 2010 CDES Conference Room 610 - 3:00 pm CDES Conference Room 610 - 3:00 pm CDES Conference Room 610 - 3:00 pm CDES Conference Room 610 - 3:00 pm CDES Conference Room 610 - 3:00 pm November 4, 2009 I. Call to Order The meeting was called to order at 1:09 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 Reed Jarvi moved to approve the Agenda as submitted. Second by Clay Brooker. Carried unanimously, 8-0. III. Approval of Minntes - October 7, 2009 Meeting Correction: . Page 3, (mid-page) reference to "Burt-Harris" was changed to "Bert Harris." Robert Mulhere moved to approve the Minutes o/the October 7, 2009 Meeting as amended. Second by Blair Foley. Carried unanimously, 8-0. Copies of the Minutes of the LDR Subcommittee meeting of October 21,2009 were distributed to the Committee for their reference. IV. Public Speakers: (to be heard following Item presentation) V. LDC A. LDC Amendment 2009 Cycle 1 Section 3.05.07 - Preservation Standards ("Native Vegetation") Stephen Lenberger noted the definition of "native vegetation" was clarified for retention of native vegetation and corrected a typo in the second sentence to remove the word "which" from the sentence. Under "Change" (5th paragraph), he added the following language for clarification: "Exceptions also have been included for landscaping and initial re-growth of native vegetation in the fallow agricultural areas." It was noted the Subcommittee had recommended approval of the Amendment pending inclusion of suggested revisions. Mr. Lenberger verified all changes suggested by the Subcommittee had been incorporated into the revised version of the Amendment. Robert Mulhere moved to approve the Amendment as presented. Second by Reed Jarvi. Carried unanimously, 8-0. (George Hermanson arrived at 1: 16 PM.) Section 10.02.07 - Submittal Requirements for Certificates of Pnblic Facility Adequacy ("School Board Concnrrency") Michele Mosca, Comprehensive Planning - Principal Planner, stated the concurrency 2 November 4, 2009 program had been adopted by the Board of County Commissioners in October, 2008. She further stated the revisions suggested by the Subcommittee were incorporated into the revised Amendment. She noted the grammatical changes suggested to Section 10.02.07 were made, but the language in "B. Exemptions" under #6 was clarified concerning the exemptions and the same changes were made in Section 10.04.09 - C. The Subcommittee had requested clarification of Section 6.02.09 - Public School Facilities Level of Service ("LOS") Requirements. Amy Taylor, Planner - Collier County School District, stated the State calculates the capacity for each public school which is referred to as FISH ("Florida Inventory of School Houses"). She explained the 95% figure used in the Amendment for elementary and middle schools referred to 95% of the State-derived capacity. Discussion ensued concerning whether or not portable classrooms were included in the inventory, availability ("space") for students from a proposed new development, when schools can increase capacity, review parameters, adjacent service area, the size of the Concurrency Service Area ("CSA"), "spot" zoning, and mitigation measures. Michele Mosca requested changing the term, "Public Schools Facilities Concurrency Agreement" to "Public Schools Concurrency." (See 10.02.07 - Page 5) It was suggested to change the language to Item #6 on Page 6 to read as follows: "The following shall be exempt from the requirements set forth herein as related to Public Schools Concurrency. " A typographical error was noted on Page 7, under Item #7, and it was suggested to change the word "obtains" to "obtain" and to remove the comma following the word. Michele Mosca noted fees, to be established by the School District, will be assessed for each review. Robert Mulhere moved to approve the Amendment as suggested with the revisions noted on Pages 5, 6, and 7. Second by Clay Brooker. Carried unanimously, 9-0. Section 2.03.07 - Overlay Zoning Districts ("Early Entry TDR Bonus Extension") Robert Mulhere moved to approve the Amendment as presented. Second by Clay Brooker. Carried unanimously, 9-0. Section 5.04.04 - Model Homes and Model Sales Centers Robert Mulhere moved to approve the Amendment as presented. Second by George Hermanson. Carried unanimously, 9-0. Section 5.04.05 - Temporary Events Robert Mulhere moved to approve the Amendment as presented. Second by Blair Foley. Carried unanimously, 9-0. 3 November 4, 2009 Section 5.05.05 - Automobile Service Stations Discussion ensued concerning the necessity of set backs for an automobile service station attached to a commercial development as outlined on the Table Inset on Page 2, "Minimum setbacks, all structures." Robert Mulhere moved to approve the Amendment as presented and request Staff include a recommendation that the CCPC and the BCC review the side and rear yard applications where those yards are adjacent to an existing commercial development. Second by George Hermanson. Discussion ensued concerning Staffs position whether the purpose of the Amendment was to introduce a substantive change or merely to "clean-up" the existing Amendment. It was suggested to amend the Motion in the next cycle to include reviewing the setback issue. The Committee was referred to the October 21 5t Minutes ofthe LDR Subcommittee Meeting to review Clay Brooker's motion: "Clay Brooker moved to recommend approval of the Amendment as presented and to forward it to DSA C with the suggestion that Staff address reducing setbacks for all structures which are part of or adjacent to commercial development(s) or, in the alternative, to inform the Collier County Planning Commission and the Board of County Commissioners of DSA C's suggestion on the issue. Second by Robert Mulhere. Carried unanimously, 4-0. " In summary, Staff will present the Amendment to the Board of County Commissioners with DSAC's suggestion that the BCC direct Staff in the next Amendment Cycle to review the issue of modifying setbacks for service stations which are adjacent to commercial developments. Motion carried, 6 - "Yes''l' 3 - "No." Blair Foley, David Dunnavant and Mario Valle were opposed. Section 2.03.01 - Agricultural Zoning Districts ("4-H Hogs") Section 5.04.05 - Temporary Events (BCC directed) Robert Mulhere moved to approve the Amendment as presented. Second by George Hermanson. Carried unanimously, 9-0, Section 2.04.00 - Permissible, Conditional and Accessory Uses in Zoning Districts (to correct Scrivener's Error) It was suggested to change the category for 2.03.10 from "Districts under Moratorium" to "Reserved." George Hermanson moved to approve the Amendment as revised. Second by Robert Mulhere. Carried unanimously, 9-0. 4 November 4, 2009 Section 4.02.01- Dimensional Standards for Principal Uses in Base Zoning Districts ("Pool Pumps") Clay Brooker moved to approve the Amendment as presented. Second by Blair Foley. Carried unanimously, 9-0. Section 4.03.04 - Lot Line Adjustments The Subcommittee's recommendation was to add language to Item A- 5 to read as follows: "No net additional building area amongst the affected lots shall be created. .. It was noted that Staff would not recommend the change. Discussion ensued. The consensus was to table the Amendment and no action was taken. Section 10.03.05 - Notification Requirements for Public Hearings ("Extensions for Conditional Use") The LDR Subcommittee questioned whether it was necessary to hold a public hearing concerning a request for a Conditional Use extension since the Code allows a one- year extension, and a public hearing had been held previously in order to obtain the "Conditional Use." DSAC concurred that a second public hearing was not necessary. David Dunnavant moved to deny approval of the Amendment as presented. Second by Reed Jarvi. Carried unanimously, 9-0. Section 4.02.01 - Dimensional Standards for Principal Uses in Base Zoning Districts Section 1.08.02 - Definitions Discussion ensued concerning the changes made to the Table 2.2 regarding elimination of "porches," "decks," and "elevated AlC units." The consensus was the Amendment needed more work. Robert Mulhere moved to deny approval of the Amendment as presented. Second by David Dunnavant. Carried unanimously, 9-0. Catherine Fabacher mentioned the LDR Subcommittee needed at least one more member due to Thomas Masters' resignation. David Dunnavant and George Hermanson volunteered to serve. Robert Mulhere moved to appoint David Dunnavant and George Hermanson to the LDR Subcommittee. Second by Clay Brooker. Carried unanimously, 7-"Yes''l'2- Abstentions. Mr. Hermanson and Mr. Dunnavant abstained. 5 November 4, 2009 David Dunnavant requested clarification from the County Attorney's office of Sunshine Law regulations. County Attorney Jeff Wright stated if a subject was "likely" to be presented to DSAC, it should not be discussed by two or more DSAC members. Catherine Fabacher asked to schedule an additional LDR Subcommittee meeting for November 18, 2009 and asked to change the time ofDSAC's December 2nd meeting from 3:00 PM to 1 :00 PM. There were no objections to the schedule changes. BREAK: 2:55 PM RECONVENED: 3:10 PM Chairman Varian stated the "Advisory Committee Outstanding Member Nomination" application to recognize Charley Abbott's service has been completed and will be submitted to the BCC by Human Resources. VI. Staff Announcements/Updates A. Public Utilities Division Update - Nathan Beals for Phil Gramatges . The Public Utilities AUIR ("Annual Update and Inventory Report") has been accepted by the BCC. In answer to a previously-asked question, Mr. Beals confirmed that water pressure has not been lowered during the off season in the past five years. Water pressure is maintained at 90 psi at all times. A question was asked about a Vanderbilt Beach Road pump station and exposed PVC pipe running along the road. Mr. Beals stated he would research the problem and return with an update. B. Fire Review Update - Ed Riley . No report D. CDES Update - Joe Schmitt . The final Building Permit Fee package has been prepared and will be presented to the BCC. . The 131 Fee package will be completed by January, 2010. It has been difficult to compile the data set required to validate the fees. A question was asked about a recent newspaper article concerning local parks. Mr. Schmitt stated the land for an ATV park, which has not been developed, has been counted as 625 acres in the AUIR. Ioitially, it was to be built near Lake Trafford. There is a proposed joint site at the Jet Park between the County and Miami Dade. The issue is tied to the Level of Service and the problem is collection of the Impact Fees used to pay off the debt. Discussion ensued concerning reducing the Level of Service, debt service to the Water Park, and recreational facilities that are not being counted. 6 November 4, 2009 Joe Schmitt pointed out if the Level of Service ("LOS") is lowered from the adopted levels, Impact Fees will also be lowered, and the burden to pay off the debt will be carried by the General Fund. He stated the decision to build the Water Park was made in 2000. He further stated the Board's direction was to purchase beach and boat access property which was expensive. Launching facilities are being expanded on Goodland and Marco Island, at the ramp at 951, and on the Isles of Capri. It was noted that Collier County received a grant, part of which was earmarked for "green building code" inspection training. Mr. Schmitt confirmed the funds will be used to train and certify building inspectors on the installation of solar products (plumbing and electric) at the Florida Solar Center in Cocoa Beach. Another question was asked regarding Impact Fees and excess of capacity Class A services: why have the fees remained the same as when the capacity was at a deficit? Amy Patterson, Impact Fee Manager, stated the "excess capacity" mentioned in the newspaper article referred to Regional Parks and the acreage for the proposed A TV Park which mayor may not be deeded to the County in the future. The actual excess capacity is for libraries. Two were built and Impact Fees are being used to pay the debt. She explained there was a significant difference between the adopted LOS and the achieved LOS and, in order to reduce Impact Fees, a substantial cut would need to be made in the Regional Park LOS. C. Transportation Division Update - Nick Casa1anguida . The DOT's official projected date for completion ofthe Vanderbilt Beach Bridge is December 19,2009 VII. Old Business A. Brief update on the Zoning/Engineering & Environmental Fee study - Gary Mullee . Current Zoning projects are smaller projects . For large land use projects, an hourly hybrid billing system is under consideration which would track hours . Costs could be reconciled and a rebate may be possible or additional fees due as appropriate . Approximately 25% of current projects are under-billed because the County has based operation fees on a time study conducted in 2003 . General Fund support - 40% is for non-fee related operation . A detailed request for General Fund support (subsidy) will be presented to the BCC Joe Schmitt stated the Zoning function is not self-sufficient. There may be a 25% reduction in staff in February because he will not be able to meet payroll in March, 2010. 7 November 4, 2009 Discussion ensued. The expectation for the Zoning Department to be self-sufficient was deemed to be "unrealistic" because Building Permit fees and Ad Valorem fees subsidized Zoning. It was suggested that hourly tracking should be reported periodically, rather than at the end of the project as done with DRls. Gary Mullee stated he may request a meeting of the Zoning Fee Subcommittee later in the month. (Robert Mulhere left at 4: 1 0 PM) VIII. New Business A. Discuss DSAC Vacancies The following terms will be expiring: 1. James Boughton - December 14'h . Mr. Boughton stated he will submit his application for re-appointment by the next DSAC meeting 2. Clay Brooker - December 14th . Mr. Brooker's application was distributed to the Committee 3. Reid Schermer - December 14'h . Mr. Schermer has not responded to emails regarding his status 4. Reed Jarvi - December 14th . Mr. Jarvi's application was distributed to the Committee The following vacancies are to be filled: 1. Charles Abbott 2. Thomas Masters Blair Foley moved to approve re-appointing Clay Brooker to DSAC and submit the nomination to the BCC for approval. Second by David Dunnavant. Carried unanimously, 7-uYes"/1-Abstention. Mr. Brooker abstained. Blair Foley moved to approve re-appointing Reed Jarvi to DSAC and submit the nomination to the BCC for approvaL Second by George Hermanson. Carried unanimously. 7-uYes"/1-Absention. Mr. Jarvi abstained. Chairman Varian stated public notice was published for four vacancies, i.e., Charles Abbott, Thomas Masters, Reid Schermer and James Boughton. IX. Committee Member Comments (None) Next Meetines: LDR Subcommittee - November 18, 2009 at 2:00 PM Full DSAC Committee - December 2, 2009 at 1:00 PM (Note: time change) 8 November 4, 2009 There being no further business for the good of the Connty, the meeting was adjourned by order of the Chairman at 4:12 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman The Minutes were approved by the Board/Committee on as presented , or as amended 9