DSAC Minutes 03/07/2012March 7, 2012
MINUTES OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COM 'Tft g d
MEETING 0
OR 11 3 1011
March 7, 2012
BY........................
LET IT BE REMEMBERED that the Collier County Development Services
Advisory Committee, having conducted business herein, met on this date at 3:00 PM
in REGULAR SESSION in Conference Room #610, Collier County Growth
Management Division, Planning & Regulation Office, 2800 North Horseshoe Drive,
Naples, Florida, with the following Members present:
Fiala
Chairman: William Varian
Vice Chair: David Dunnavant
James Boughton
Laura Spurgeon De John
Dalas Disney
Marco Espinar
Blair Foley
George Hermanson
David Hurst
Robert Mulhere
Mario Valle
Ronald Waldrop
(Vacancy)
Excused: Clay Brooker
Absent: Ray Allain
ALSO PRESENT: Jamie French, Director — Operations & Regulatory Management
Judy Puig, Operations Analyst — Staff Liaison
Reed Jarvi, Manager — Transportation Planning
Ed Riley, Fire Code Official — Fire Code Office
Aaron Comer, Principal Project VbmQgw:— Public Utilities
Caroline Cilek, M.C.R.P., Senior Plan�� �zC Coordinator
Chris Scott, Senior Planner
item #t: 1 U7X:
Copies to:
March 7, 2012
I. CALL TO ORDER:
Chairman Varian called the meeting to order at 3:03 PM and read the procedures to be
observed during the meeting.
A quorum was established. Eleven members were present.
II. APPROVAL OF AGENDA:
Robert Mulhere moved to approve the Agenda as submitted. Second by George
Hermanson. Carried unanimously, 11— 0.
III. APPROVAL OF MINUTES — FEBRUARY 19 2012:
James Boughton moved to approve the Minutes of the February 1, 2011 Meeting as
submitted. Second by Robert Mulhere. Carried unanimously, 8 — 0.
(Note: David Dunnavant, Blair Foley, and George Hermanson could not vote because
they did not attend the February meeting.)
IV. DSAC POSITION VACANCY: REVIEW AND VOTE
Chairman Varian stated the vacant position (formerly held by Reed Jarvi) had been
advertised. Only one individual applied, to wit: Christopher R. Mitchell of Mitchell
Engineering Group, LLC, who is a land development consulting Civil Engineer.
Robert Mulhere moved to approve the application of Christopher R. Mitchell and
recommend to the Board of County Commissioners to appoint Mr. Mitchell to the
Development Services Advisory Committee. Second by David Hurst.
Discussion:
It was noted five DSAC members are
Engineers.
A suggestion was made to target future
advertising to the areas of expertise needed to complete the Committee.
Judy Puig, Staff Liaison, will contact Ian
Mitchell, BCC Office, to request advertising which lists specific categories.
Chairman Varian called for a vote. Motion carried unanimously, 11— 0.
V. PUBLIC SPEAKERS:
(None)
(Dalas Disney arrived at 3:10 PM.)
VI. STAFF ANNOUNCEMENTS/UPDATES:
A. Public Utilities: Aaron Kromer
e ... Update: Gravity. Sewers —Maximum Depth
o Evaluation continues — cost has not been determined
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March 7, 2012
B. Fire Review: Ed Riley, Fire Code Official — Fire Code Office
Monthly Activity Report was submitted for January 2012
• Plan Reviews conducted — 686 (December 2011 — 73 1)
• Review turn- around times have been meeting objectives
• Expedited Reviews: 5 were conducted
■ Overtime hours (11) are reimbursed by the contractor(s) who
requested an expedited review
C. Transportation Engineering: Reed Jarvi, Manager — Transportation Planning
• Public Information Meeting will be held on March 8th in Golden Gate
• Topic: White Blvd. (replacement) Bridge and 23rd Street (temporary)
Bridge
• Due to downturn in economy and slow population growth, it was decided
a full replacement will not be needed as quickly as originally thought
• A temporary bridge will be constructed while the White Blvd. bridge
is replaced
• DOT determined the White Blvd. Bridge is functionally deficient and
will be completely replaced (including sidewalks and bike lanes)
• A temporary traffic light will be installed at Golden Gate
• I -75 /Everglades Blvd. IJR ( "Interchange Justification Report") is moving
forward
o The CEEE ( "Cumulative Environmental Effects Evaluation ") Dispute
Resolution Team held a meeting approximately two weeks ago
• Determination: locating an interchange at 1 -75 and Everglades
Blvd. will result in minimal environmental changes
• The IJR should be completed during the summer
Q. Davis /Collier Blvd. Project
There were two left turning lanes from Collier Blvd. onto Davis Blvd. (north to
west) which have been reduced to a single turning lane due to construction and
the signal time has been shortened. During "season," it is an impossible situation.
Mr. Jarvi will forward the information to the proper party.
Mr. Jarvi noted the final Technical Memorandum from the Dispute Resolution Team
is due on February 15th. A Public Hearing had been held on March Isc
D. Planning & Regulation: Jamie French, Director — Operations & Regulatory
Mgmt.
• Florida Building Code will become effective on March 15th
o In 2009, the Board of County Commissioners approved exempting
certain permitting requirements for single - family homes under
Ordinance 42009 -59. The State has declared the Ordinance will be
null and void as of March 15th.
March 7, 2012
• A new Ordinance will be presented to the BCC which will be identical
to #2009 -59 except for changes in the language to reference the 2010
Building Code.
• After the Board has adopted the new Ordinance, it will be recorded
with the State and become effective 60 days thereafter.
• Activity Report
o Most permits are for single - family homes
o Very little commercial or multi - family
o Land Development — remains steady at 1 to 2 SDPs
( "Site Development Plan") per month
o Insubstantial Changes Amendments have been
submitted for pre- approved building lots (many of which have been pre -sold)
or for developments
• Fee Revenue
o Has been steady — right at Budget levels
0 14 "job bankers" are in training — 3 are
Inspection positions for individual trades — anticipating a "rush" to
obtain permits and C /Os due to new Florida Building Code
• Commercial Zoning Certificate and Temporary Use Permits
0 Showing strong trends — the current
inventory is being utilized
o Most for build -outs ... very little activity for
new buildings
Q. Will the office close early on March 15th when the new Florida Building Code is
issued?
A. Will accept permits up to 4:00 PM — Staff
may be staggered — many are being cross - trained to issue permits. A possibility
may be to shut off at 3:00 PM but accept applications up to 5:00 PM.
Dalas Disney again asked about the possibility of issuing Reviewers' Letters in
"Word" format rather than as a PDF document;
Mr. French stated he would bring the issue to the "CityView" representatives.
A suggestion was offered regarding "Web Portal" to establish a "sounding board" to
obtain issues to present to "CityView" at one time rather than piece -meal and
analyze what changes are the most cost effective to make.
Jamie French asked the members to send their issues /questions /suggestions to Judy
Puig who will forward to him — will be reviewed /discussed at the next DSAC
meeting.
Fee Schedule — Reporting Items
Jamie French noted:
o The language stated that the County would
provide DSAC with activity levels on an annual basis
March 7, 2012
o The Fee Schedule identified the amount of
"cash on hand" — i.e., funds not committed to a specific purpose
o The Board of County Commissioners
adopted the cash on hand figure as "reserves" — if the amount
exceeded the total budget by 50% or more, a review of the Fee
Schedule was triggered
He asked if the Committee wished to see the figures on a quarterly or annual
basis.
Consensus: An annual presentation of the Budget preparation will be sufficient.
VII. OLD BUSINESS:
A. Update — LDC Amendments: Caroline Cilek, Senior Planner — LDC
Coordinator
LAND DEVELOPMENT CODE AMENDMENTS 2012 — CYCLE 1
1. Section 9.04.08 — Administrative Aduustments
Caroline Cilek stated:
• The County Attorney's Office made a few minor changes.
• The adjustments that can be made are still under review— "work in
progress."
• Setback reductions were limited to 25 percent, but no greater than five feet.
• Nick Casalanguida, author, proposed changes to buffers between "like
uses" such as a shopping center (i.e., buffers between two C -2 retail
businesses) to either: share, reduce, or eliminate the buffer if parking
facilities are shared. The issue will be addressed in a separate (new) LDC
Amendment.
• The EAC ( "Environmental Advisory Council ") has reviewed the
Amendment.
• The Amendment will be presented to the Planning Commission for review
in April.
Approved Revisions:
Page 3:
• B (1) (a) and (b): "diminution" was changed to "reduction"
• C (3): "mitigation" was changed to "adequate mitigation"
• D (1): "registered professional engineer" was changed to "appropriate
design professional" (to be consistent with procedures for SDP and SIP)
Page 4:
• D (5): the word "his" was deleted, i.e., "County Manager or designee ..."
(as referenced throughout the document)
George Hermanson moved to accept and approve the Amendment with the
discussed revisions. Second by Robert Where.
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March 7, 2012
Motion carried, 9 — "Yes "13 — "No." Blair Foley, David Dunnavant, and Dalas
Disney were opposed.
Caroline Cilek encouraged DSAC members to attend the Planning Commission
meeting to defend the changes.
2. Update: Administrative Code — Chris Scott
Moving forward — procedural aspects are being removed from the LDC
into a separate (stand - alone) document:
o Will enable future changes to procedures
(such as application contents, which Staff member is to
review /approve insubstantial changes, designation of time lines,
etc.) to be more easily amended
o The procedure will be simplified — less
lengthy
• Drafts of the Administrative Code and of a Text Amendment to remove
the procedures from the LDC and create criteria to authorize the County
Manager to create the Administrative Code have been written
• Anticipating presentation to the Board of County Commissioners within
one month after the LDC Amendment Cycle has concluded
• The drafts are not yet available online for review — still in progress
Caroline Cilek noted:
• The Collier County Planning Commission ( "CCPC ") will review the
Amendments during a special session to be held on April 13tH
• Review of the Administrative Code is anticipated to be scheduled for
review by the CCPC during May.
• Next step — the documents will be presented to the Board of County
Commissioners, beginning in June and ending in September.
• DSAC members were again encouraged to attend the Planning Commission
meeting
3. LDR Subcommittee
• Will meet on March 19th to review new Amendments
4. Section 4.02.01 D — Exemptions and Exclusions from Desien Standards
Purpose: To allow air conditioning (A/C) units that must be elevated in order to
meet flood elevation requirements to encroach into any yard provided that
minimum building separations are maintained, consistent with Staff Clarification
SC 07 -01.
"The LDC also allows setback/yard encroachments for window or wall - mounted
A/C units for up to two feet (D.6.). In the special flood hazard areas, primarily
the coastal VE zones, the A/C units are required to be elevated to the same level
as the first habitable floor (above the Base Flood Elevation), and cannot be
constructed as slab on grade. "
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March 7, 2012
Jamie French provided background information:
• A complaint was made concerning many of the homes built within the
flood plains ( "VE" zone — North Naples) regarding the requirement to
raise A/C units (pad) up to the base flood elevation.
• A Staff interpretation, made in 2007, stated encroachment into the side
yard was allowed on pad - mounted A/C units which were elevated only to
meet FEMA requirements (cantilevered). The elevated units were treated
the same as pad- mounted units.
• The LDC does not contain language to support the interpretation — it only
states "pad mounted."
• The basis for the objection was the type of encroachment — suggestion was
to reduce the size of the home or recess the A/C units.
• Nick Casalanguida requested that the Amendment is reviewed during the
LDC Cycle.
Chris Scott:
• The LDC currently permits some encroachment for pad - mounted A/C
units — it was not codified.
"D. Exemptions and exclusions from design standards.
9. Fences, walls and hedges, subject to section 5.03.02, ground
(slab on grade) mounted air conditioners, unenclosed pool
equipment and well pumps, are permitted in required yards,
subject to the provisions of section 4.06.00. For the purpose of
this section, ground mounted air conditioners include units that
are required to be elevated to meet flood elevation, including
their supporting structures, provided the minimum separation of
structures is maintained."
(Note: Inserted language was underlined.)
• There is an exception for generators.
• Cannot cantilever over the property line.
• The Amendment will codify the language to clarify that it pertains to A/C
units and their support structures which are required to be elevated to meet
flood zone requirements
• Applies to single - family homes
Suggestion: Camouflage the unit by using a louvered screen which could provide
some sound dampening and be aesthetically pleasing while not hindering air flow
or servicing of the unit.
Dalas Disney pointed out some A/C manufacturers (such as "Trane ") offer an
acoustical "shroud" or blanket for newer units which is mounted inside and
around the compressor motor to provide some noise abatement.
March 7, 2012
George Hermanson suggested revising the inserted language:
• First sentence: Remove "ground (slab on grade) mounted"
• Second sentence: Remove "For the purpose of this section"
• Second sentence: "This includes air conditioners that are ground mounted
units or units that are required to be elevated ..."
5. "Florida Specialties" Amendment
Caroline Cilek noted a new LDC Amendment will allow creation of a permit which
will authorize early construction.
Jamie French provided background information:
• A company may want to expand its operations but the deadlines do not
necessarily coincide with the County's deadlines.
o Business would like to simultaneously
submit permit applications at the beginning versus going through
the Land Use and/or Zoning aspect of the approval process.
o A building permit would be submitted with
the initial SDP.
o The Board of County Commissioners
approved the "Florida Specialties" but directed the County to
develop a process for review by the BCC.
• A draft of the document will be reviewed by the Building Department,
Land Use Planning, and Fire Code Office prior to presentation to DSAC.
Robert Where pointed out projects will be limited because the first threshold
will be to determine whether a jurisdictional permitting process is required. If it
is, the project will not qualify.
Jamie French stated it is recognized to be an "at risk" situation, i.e., to run
vertical construction before a final approval is obtained. He further stated the
Florida Building Code does allow early work authorization. The goal is to modify
the LDC to allow the County to take a more pro- business approach.
Caroline Cilek noted Amendments previously initiated and authored by the
CBIA will go forward as "Staff sponsored" and "Staff sponsored" — some of the
changes have been removed. The CBIA was advised of the changes made by
Staff. The Amendments will be reviewed by DSAC.
Jamie French stated the sponsorship change was made to prevent the CBIA from
incurring a cost to submit the Amendments.
VIII. NEW BUSINESS:
• Chairman Varian stated copies of emails between Ed Riley and Nick Casalanguida
were provided to DSAC members. He further stated DSAC is available to assist both
Mr. Riley and Mr. Casalanguida in any way possible.
March 7, 2012
IX. COMMITTEE MEMBER COMMENTS:
• David Hurst announced his resignation
from DSAC due to a conflict of interest. He has accepted a position with the SW
Florida Water Management District, effective April 2012, and will be the
Supervisor of water use permitting.
• Judy Puig will contact Ian Mitchell at the
BCC's office to advertise the vacancy.
NEXT MEETING DATES:
(Meetings will commence at 3:00 PM unless otherwise notified)
• April 4, 2012
• May 2, 2012
• June 6, 2012
• July 11, 2012
There being no further business for the good of the County, the meeting was adjourned by
order of the Chair at 4:26 PM.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
William Varian, Chairman
The Minutes were ap oved by the Board /Committee Chair on G , 2012
"as submitted" OR "as the
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