DSAC Subcommittee Minutes 12/21/2011 December 21,2011
MINUTES OF THE MEETING OF THE
LAND DEVELOPMENT REGULATIONS SUBCOMMITTEE
OF THE
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida
December 21, 2011
LET IT BE REMEMBERED that the Land Development Regulations Subcommittee
of the Collier County Development Services Advisory Committee, having conducted
business herein, met on this date at 1:00 PM in REGULAR SESSION, in Conference
Room #610, at the Growth Management Division/Planning & Regulation Office,
2800 North Horseshoe Drive, Naples, Florida, with the following Members present:
Chairman: Reed Jarvi
Vice Chair: Clay C. Brooker
James Boughton (Absent)
David Dunnavant
Marco Espinar (Excused)
George Hermanson
Robert Mulhere
STAFF PRESENT:
Jamie French, Director— Operations & Regulatory Management
Caroline Cilek, M.C.R.P., Senior Planner—LDC Coordinator
Chris Scott, Senior Planner—Land Development Services
Amanda Townsend, Director—Domestic Animal Services
Ray Smith, Director - Pollution Control
Tony Ruberto, Parks and Recreation
John Podczerwinsky, Project Manager
December 21,2011
CALL TO ORDER:
Chairman Jarvi called the meeting to order at 1:02 PM.
A quorum was established; four members were present.
II. APPROVAL OF AGENDA:
David Dunnavant moved to approve Agenda as presented. Second by Robert Mulhere.
Carried unanimously, 4—0.
III. APPROVAL OF MINUTES:
Approval of Minutes was tabled until the next Subcommittee meeting.
(Note: Subcommittee members may request a copy of the minutes from Caroline Cilek.)
IV. PUBLIC SPEAKERS:
(None)
V. OLD BUSINESS: LAND DEVELOPMENT CODE AMENDMENTS 2012—CYCLE 1
1. Section 1.08.02—Definitions ("Hazardous Product or Waste"):
Ray Smith, Director-Pollution Control Department, outlined the purpose of the
Amendment.
Robert Mulhere moved that the Subcommittee accept the Amendment as discussed,
and recommend to DSAC to approve the Amendment. Second by Clay Brooker.
Carried unanimously, 4—0.
VI. NEW BUSINESS:
1. Section 4.05.04—Parking Space Requirements:
Tony Ruberto, Parks and Recreation, stated the Land Development Code limits
grass parking to only 15 percent; the purpose of the Amendment is to modify the
limitation.
Clay Brooker asked if the term, "public parking," was defined in the LDC.
Suggested Changes:
• Page 1, Line 9—Add", in accordance with South Florida Water Management
District regulations,"following the word"included"
• Page 2, Line 3 —Add", and other similar Community uses," following the
word"Parks"
• Page 2, Line 3 —Add"up to a maximum of 50% of the required spaces."
following the word"parking"
• Page 2—Add Line: "3. For Church parking, refer to LDC Section "
Robert Mulhere moved that the Subcommittee accept the revised Amendment as
discussed, and recommend to DSAC to approve the Amendment. Second by Clay
Brooker. Carried unanimously, 4—0.
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December 21,2011
(George Hermanson arrived@ 1:30 PM)
V. OLD BUSINESS: LAND DEVELOPMENT CODE AMENDMENTS 2012—CYCLE 1
2. Section 1.08.02—Definitions (Kennel):
Caroline Cilek outlined the changes made to the Amendment, specifically that the
proposed Amendment removes the language pertaining to the number and age of a
dog and the housing location.
Amanda Townsend, Director—Domestic Animal Services, stated DAS Subcommittee
for Ordinance Revisions has met and approved some changes to the Animal Control
Ordinance but did not make any specific changes concerning definitions. The goal is to
regulate any residence or business establishment that permanently houses multiple
unsterilized cats and dogs by developing a permitting process. She further stated one of
the Subcommittee's proposals was to require that all pets receive identification
microchips. All changes will be presented to the Board of County Commissioners on
January 24, 2012.
She noted boarding facilities are already regulated.
George Hermanson suggested removing the word"licensed" from the definition.
Suggested Change:
• Kennel: An establishment required to be licensed which operates as a facility
housing dogs, cats, or other household pets.
Robert Mulhere moved that the Subcommittee accept the revised Amendment as
discussed, and recommend to DSAC to approve the Amendment. Second by George
Hermanson. Carried unanimously, 5—0.
3. Section 6.02.01 (D) (12)—Adequate Public Facilities (Generally)
John Podczerwinsky, Project Manager, outlined the substantive changes and
explained interpretation.
It was noted Staff did not agree with a number of CBIA's recommendations because
the proposed changes were inconsistent with the Traffic Impact Study ("TIS")
Guidelines and Procedures. Several of the proposed changes would create a
discrepancy between the LDC and the GMP concerning the methodology applied to
traffic study reviews. It was suggested that CBIA approach the GMP Committee.
Suggested Changes:
Under 6.02.01 (D) (12)
• Page 2, under(1.)—the word"grant"was changed to "vest"
• Page 3, Line 12—The beginning of the sentence was changed as follows:
"Application of this system is limited to the following Final Local
Development Orders: ..."
• Page 3, Line 14— "Subdivision"was added following the word"and"
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December 21,2011
Under 6.02.02
• Page 4, Lines 9 through 19—Remove (1.)under"M"
Under 6.02.03 (A)
• Page 4, Lines 24 and 25 —Remove last sentence ("This evaluation ...)
• Page 4, Line 24—Add the following sentence: "Evaluation under this
Section is limited to the following Final Local Development Orders: Site
Developments Plans, Insubstantial Changes to Site Development Plan, Site
Development Plan Amendments, Site Improvement Plans, and Subdivision
Plat/Plan projects."
Under 6.02.03 (D)
• Page 4, Lines 34 through 36—Remove the words "or second or third year"
and add"3 years" following the word"first" (where applicable)
George Hermanson moved that the Subcommittee accept the Amendment as
discussed and revised, recommend to DSAC to approve the revised Amendment,
and recommend that CBIA propose a revision to the TIS Guidelines for consistency
with this Amendment. Second by Clay Brooker.
Motion carried, 4- "Yes"/1 — "No." David Dunnavant was opposed.
4. Section 6.06.01 —Street System Requirements
It was noted Staff does not agree with CBIA's proposed changes and requested
justification for same.
Suggested Changes:
Under"S."
• Page 5, Line 4—Manual of Uniform Traffic Control Devices (M.U.T.C.D.)
"Traffic control devices shall be provided by the developer when
an engineering study indicates traffic control is justified at the
project street entrances."
"Traffic signals at project street entrances shall be required in
accordance with an engineering study and shall be paid by the
developer in a `fair share' proportion."
After discussion of the above-referenced suggested language, it was the consensus of
the Subcommittee that no action will be taken regarding this Section.
(Robert Mulhere left at 3:05 PM)
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December 21,2011
Under 6.06.02 (F)
• Page 6, Lines 34 through 40—Remove the last sentence ("Expansion joints
.")
• Page 6, Line 33 —Add"Sidewalks, including those across residential
driveways, located along private roads may be constructed of a minimum of
4-inches of concrete over a compacted subgrade."
• Page 7, Line 2—add"and sand cushion."Following the word"base"
BREAK: 3:20 PM
RECONVENED: 3:30 PM
It was noted the Amendment was too confusing in its current format.
Consensus: Refer to full DSAC for further discussion of the Amendment and
Section 6.02.01 (D) (12) entitled Adequate Public Facilities (Generally).
Staff and CBIA will revise the header section to provide clear justification and
reasoning and will present the revised document at the next DSAC meeting.
7. Section 5.03.06—Dock Facilities
Suggested Changes:
• Page 4, Line 34—Delete the phrase "and Section 10.03.05 B.11"
• Page 4, Line 36—Insert the word"include" following the word"shall"
• Page 4, Line 37—Delete the word"justification"
• Page 4, Lines 40 through 49—Delete subparagraph(a.) entirely
• Page 5, Line 1 —Insert the phrase "or property owners who received notice in
accordance with Section 5.02.06 (H) (5)" following the word"Applicants"
Clay Brooker moved that the Subcommittee accept the revised Amendment as
discussed, and recommend to DSAC to approve the Amendment. Second by David
Dunnavant. Carried unanimously, 4—0.
8. Section 4.06.03—Landscaping Requirements for Vehicular Use Areas
David Dunnavant moved that the Subcommittee accept the revised Amendment as
discussed, and recommend to DSAC to approve the Amendment. Second by Clay
Brooker. Carried unanimously, 4—0.
NOTE: The following Amendments were not reviewed by the Subcommittee:
• Section 10.02.03 —Submittal Requirements for Site Development Plans
• Section 9.05.00—Administrative Adjustment
• Section 10.02.13 —Planned Unit Development("PUD") Procedure
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December 21,2011
There being no further business for the good of the County,the meeting was adjourned
by order of the Chairman at 4:05 PM.
DEVELOPMENT SERVICES ADVISORY COMMITTEE
LAND DEVELOPMENT REGULATIONS SUBCOMMITTEE
■
Reed Ja i,Cha' man _.,
The Minutes were approved by the Board/Committee on I I 91J2- ,
"as presented" [Al OR "as amended" [ ].
DEVELOPMENT SERVICES ADVISORY COMMITTEE
LAND DEVELOPMENT REGULATIONS SUBCOMMITTEE
Clay Brooker/,Vice Chairman
The Minutes were approved by the Board/Committee on / ft Z- ,
"as presented" [�] OR "as amended" [ ].
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