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DSAC Minutes 12/02/2009 R December 2, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, December 2, 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 I :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: William Varian James Boughton Clay Brooker (Excused) Laura Spurgeon Dejohn (Excused) Dalas Disney David Dunnavant Marco Espinar (Excused) Blair Foley George Hermanson (Excused) Reed Jarvi Robert Mulhere Mario Valle ALSO PRESENT: Joe Schmitt, Administrator, CDES Judy Puig, Operations Analyst, CDES - Staff Liaison Heidi Ashton, Assistant County Attorney Susan Istenes, Director, Zoning & Land Development Catherine Fabacher, LDC Manager Gary MUllee, CDES Operations Support Manager Phil Gramatges, Interim Director, Public Utilities Ed Riley, Fire Code Official Stan Crzanowski, Sf. Engineer Stephen Lenberger, Sf. Environmental Specialist DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA December 2, 2009 1:Q~p;ttl. 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 November 4, 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 C. Transportation Division Update - Nick Casalanguida D. CDES Update - Joe Schmitt VII. Old Business - None VIII. New Business A. DSAC to review & evaluate the performance levels of CDES staff to report to the BCC monthly (Staff to submit monthly reports) B. Review applications received for Applicants to serve on the DSAC Board - (currently have 4 vacancies) IX. Committee Member Comments X. Adjourn Next MeetinQ Dates 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 December 2, 2009 I. Call to Order The meeting was called to order at 1:06 PM by Chairman William Varian who read the procedures to be followed during the Meeting. Chairman Varian noted a quorum had not been attained since only seven members were present and stated the Committee will hear matters not requiring a vote until the eighth member arrives and a quorum is achieved. Catherine Fabacher suggested the members review the Amendment authored by Mark White, Esq., concerning "Nonconformities." Suggested changes: (1) On Page 2, under the definition of Destruction, remove the words "intentional" and "of the owner or agent" from the second sentence. (2) It was suggested to remove the 50% figure and substitute ''pursuant to the Florida Building Code for Existing Buildings at Level 3 in effect at the time the damage occurred" Catherine Fabacher stated she will research the issue and return with an answer. She stated there will be a reference to the "Build-Back Policy" and the Code of Laws, possibly as "Exceptions." (3) On Page 19, under "D. Destruction," remove the words "not" and "except" from the first sentence. (4) On Page 3, under "Nonconforming site improvement," remove "Chapter Four" and "of' from the sentence. (5) On Page 4, under "Redevelopment," replace the word "replacement" with the word "expansion." (Rohert Mulhere arrived at 1:56 PM) (6) On Page 4, under "9.01.01 - Previously Issued Building Permits," revise the language to reflect that the "effective date" is the date when the application for the permit has been accepted. Catherine Fabacher suggested the following language: "When a sufficient application for a Building Permit has been accepted by the County. " (7) On Page 5, under #3, remove the phrase "without interruption" from the sentence and add the phrase "or the permit is extended" to the end of the sentence. A conflict was noted in 5.05.08 and it was suggested the figure should be 50%. By consensus, further discussion concerning the Amendment was tabled until the January 2010 meeting when a revised Amendment will be presented to the Committee. 2 "-~'-'---'-------~--'-'----'----'-~"-"-"'._-<~.<._..-'~-"'--"^"""'~-"'---- _'""--'_-~'_-"~~--,_._",-"-"._~--------"." December 2, 2009 Chairman Varian stated a quorum had been achieved. II. Approval of Agenda Blair Foley moved to approve the Agenda as submitted. Second by Mario Valle. Carried unanimously, 8-0. III. Approval of Minutes - November 4,2009 Meeting Robert Mulhere moved to approve the Minutes of the November 4,2009 Meeting as submitted. Second by James Boughton. Carried unanimously, 8-0. Chairman Varian noted the Board of County Commissioner approved the re-appointment of Clay Brooker and Reed Jarvi to the Development Services Advisory Committee. IV. Public Speakers (None) V. LDC A. LDC Amendment 2009 Cycle 1 (A copy of the Minutes of the LDR Subcommittee meeting of November 18, 2009 was included in the information packet distributed to the Committee.) Section 10.02.02 - Submittal Requirements for All Applications Changes: (1) On Page 11, under Item "a. Wetlands - ii," remove both the comma before the word "biochemical" and the phrase "biochemical oxygen demand, total suspended solids, lead, zinc and copper" from the last sentence which will read as follows: "The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrient loadings in the post development scenario. " It was noted language should be added that all changes will conform to the Growth Management Plan ("GMP"). Stephen Lenberger reviewed the Exceptions section which began on Page 14. There was a discussion concerning water quality analysis and the Harbor method. Reed Jarvi moved to recommend approving the revised Amendment as noted above (and to forward it to the Board of County Commissioners). Second by Robert Mulhere. Carried unanimously, 8-0. Section 1.08.02 - Definitions (specifically: "corner," "through," "interior lots," and "comer lot measurements") Changes: (1) On Page 2, the definition of "Lot, corner" will read as follows (inserted language is in italics): J December 2, 2009 "Any lot situated at the junction of and abutting on two or more intersecting streets. Ifthe angle of intersection of the Right of Way centerline of two streetsforming a corner is greater than 135 degrees, then the lot fronting on the intersection is not a comer lot." (2) On Page 3 (below illustrations), change Centerline of "Street" to "Right of Way" Robert Mulhere moved to recommend approving the revised Amendment as noted above (and to forward it to the Board of County Commissioners). Second by Blair Foley. Carried unanimously, 8-0. Section 1.08.02 - Definitions (specifically: "chord method" and "arc method") Changes: (1) Label the dimensions as "minimum" (2) Remove numbered dimensions (3) An island is not necessary at a cul-de-sac Reed Jarvi moved to recommend approving the revised Amendment as noted above (and to forward it to the Board of County Commissioners). Second by Blair Foley. Carried unanimously, 8-0. Section 4.02.01 - Dimensional Standards for Principal Uses in Base Zoning Districts Section 4.02.03 - Specific Standards for Location of Accessory Buildings and Structures Section 1.08.02 - Definitions Susan Istenes stated the Definitions Section of the Amendment was withdrawn as it was confusing and unnecessary. Reed Jarvi moved to recommend approving the revised Amendment as noted above (and to forward it to the Board of County Commissioners). Second by Dalas Disney. Carried unanimously, 8-0. Section 4.03.03 - Exemptions Section 4.03.04 - Lot Line Adjustments Section 10.02.02 - Submittal Reqnirements for All Applications Robert Mulhere moved to recommend approving the revised Amendment as noted above (and toforward it to the Board of County Commissioners). Second by David Dunnavant. Carried unanimously, 8-0. 4 . '-"~---"--'--'/'-"""-""'''''''~~''''''''''''''''''--'''''''-'---'___''~''_'~~_"'_'__~~'_',.^"~"__....~....~..~.'n__".,__._,._. December 2, 2009 Section 5.03.03 - Fences and Walls Changes: (1) On Page II, under "1. Sound Walls," change: . ""government" to "governmental" · order: from "interstate, collector or arterial" to "interstate, arterial or collector" . roadways to roadway Reed Jarvi moved to recommend approving the revised Amendment as noted above (and to forward it to the Board of County Commissioners for approval). Second by Mario Valle. Carried unanimously, 8-0. Section 10.03.05 - Notice Requirements for Public Hearings before the Board of County Commissioners, the Planning Commission, the Board of Zoning Appeals, the Environmental Advisory Committee, and the Historic Preservation Board There was discussion concerning the requirement to advertise "Notice to Obtain an Extension ofa Conditional Use." The objection was to require additional notification for a second public hearing when, in order to obtain a Conditional Use initially, a public hearing was required and had been held. Robert Mulhere moved to deny approval and not forward the Amendment to the Board of County Commissioners based on the fact that the extension is issued on a one-time basis for a matter that was previously vetted. Second by Dalas Disney. Discussion continued and it was suggested that posting a sign announcing a public hearing should be sufficient notice without requiring mailing notification to surrounding homes. Staff supported the additional notification and will present the Amendment to the Board of County Commissioners, but will note DSAC's objection. Carried unanimously, 8-0. Section 2.03.08 - Rural Fringe Zoning Districts (limits aquaculture in Sending Lands to above-ground facilities only). Reed Jarvi moved to deny approval and not forward the Amendment to the Board of County Commissioners because the Fiscal and Operational Impacts have not been identified. Second by James Boughton. Motion carried, 5-"Yes"/3-"No," with Robert Mulhere, Blair Foley and Marco Valle opposed. Catherine Fabacher stated a final LDR Subcommittee meeting may be necessary in January 2010, and two additional Amendments will be presented by Stephen Lenberger at DSAC's January meeting. 5 December 2, 2009 BREAK: 3:35 PM RECONVENED: 3:45 PM VI. Staff AnnouncementslUpdates A. Public Utilities Division Update - Phil Gramatges, Interim Director · The ClE List has been completed for presentation to the Planning Commission · The next phase of the lower West Coast Water Supply Plan is being devised in conjunction with the South Florida Water Management District B. Fire Review Update - Ed Riley . Monthly report was submitted · Have obtained approval to start building a 9,300 square-foot facility on property located near the Credit Union C. Transportation Division Update - Claudine AuClaire for Nick Casalanguida . No report · It was mentioned the DOT's official projected date for completion of the Vanderbilt Beach Bridge remains as December 19, 2009 · The date for submission of the Oil Well Road bids to the Board of County Commissioners will be forwarded to Judy Puig for distribution to the Committee There was a discussion concerning the location of the "red light" cameras. D. CDES Update - Joe Schmitt . No report VII. Old Business (None) VIII. New Business B. Review of Applications received for vacancies Chairman Varian stated the application from Ray Allain could not be considered due to a discrepancy with his voting registration address and his home address. He noted James Boughton had submitted his application and suggested filling three spots during the meeting but holding one open for a General Contractor. Dalas Disney moved to approve re-appointing James Boughton to DSAC and submit the nomination to the BCC for approval. Second by Blair Foley. Carried unanimously, 7-"Yes''/I-Abstention. Mr. Boughton abstained. David Dunnavant moved to approve appointing David Hurst to DSAC and submit the nomination to the BCC for approval. Second by Dalas Disney. Carried unanimously, 8-0. 6 "'.,,-_...._~.-.-....'.__._-~. ~,.__._'_..-""."'..._'---._'".."-----~,---,---'"" ".--,----~.~",-,.._.,,' December 2, 2009 Robert Mulhere moved to approve appointing Henry Reagan to DSAC and submit the nomination to the BCC for approval. Second by Blair Foley. Carried unanimously, 8-0. A. DSAC to Review and Evaluate the Performance Levels of CDES Staff and submit a monthly Report to the Board of County Commissioners (Incorporated into Item "C") The BCC directed DSAC to become involved in performance reviews ofCDES. C. Building Department Fee Proposal- Continuing Work Items - Gary Mullee (Added Topic) A copy of a Status Report entitled "Building Department Fee Proposal Continuing Work Items" was distributed to the members. Gary Mullee outlined the "work in progress" for each item with corresponding deadlines. He stated a commitment was made to the BCC to submit ajoint monthly performance report with DSAC beginning in February 2010. Also discussed were document storage, retrieval, and electronic submittal as well as the scope of the report and the type of analysis to be made to the Board. Public Speaker: Thomas Lykos, President, CBIA ("Collier Building Industry Association"), stated a missing component from the list of work items was the establishment of benchmarks to achieve the self-imposed deadlines created by CDES and an estimate of how long will it take to obtain compliance with the standard (5 days for residential permits and 15 days for commercial permits). He suggested the following: · Re: information gathering - the type/quantity of permits and days in review will be critical in developing a system to expedite permit review process . Track the most common reasons for rejection of permits · Create numbering systems to identify the different permit applications to streamline the process - for example, a kitchen renovation for a condo will not require a FEMA or an Impact Fee review . Compile a list ofBCC requirements that slow down the plan review process · Institute the ability to pay fees over the phone or via Intemet to enable the County to mail out documents, such as a Certificate of Completion Gary MuUee stated the tracking process will be significantly easier when CityView goes online on February 23, 2010. Joe Schmitt stated it was confirmed that Ray Allain is a registered voter and the conflict regarding his address was resolved. Robert Mulhere moved to approve appointing Ray Allain to DSAC and submit the nomination to the BCC for approval. Second by Reed Jarvi. Carried unanimously, 8-0. IX. Committee Member Comments 7 <~__"'__""_"'_.'_"~'_"<'____","._",_,",,'d..y."~._,~ ~,,_._~._~_._,___"'" December 2, 2009 David Dunnavant proposed continuing the LDR Subcommittee to review Amendments that impact the Building Industry. Chairman Varian stated the topic will be added to the January 2010 Agenda. Next Meetinl! Dates: Jannary 6, 2010 @ 3:00 PM February 3, 2010 @ 3:00 PM March 3, 2010 @ 3:00 PM April 7, 2010 @3:00 PM There being no further business for the good ofthe County, the meeting was adjourned by order of the Chairman at 4:36 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman The Minutes were approved by the Board/Committee on as presented , or as amended 8 """_-_'__'''_'--~''~_''----_..__.~~~-,-""".~~".-~-_"'-'-"'~'-'--'-~~'"""----'----'