DSAC Subcommittee Minutes 03/19/2012r
March 19, 2012
MINUTES OF THE MEETING OF THE
LAND DEVELOPMENT REGULATIONS SUBCOMMITTEE
OF THE
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida
March 19, 2012
MORRV31
APR ? n ?012
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 "C," at the Growth Management Division/Planning & Regulation Office,
2800 North Horseshoe Drive, Naples, Florida, with the following Members present:
Fiala
Hiller��
Henning
Coyle
✓ --
Coletta
—
STAFF PRESENT:
CHAIRMAN: Clay C. Brooker
David Dunnavant
Marco Espinar
George Hermanson
Robert Mulhere
Misc. Corres:
Date: S 1-22— 11 z item $- t -A M7 2 19-7
Copies to:
Jamie French, Director — Operations & Regulatory Management
Caroline Cilek, M.S., Senior Planner — LDC Coordinator
Chris Scott, Senior Planner — Land Development Services
Stephen Lenberger, Senior Environmental Specialist
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I. CALL TO ORDER:
Chairman Clay Brooker called the meeting to order at 1:07 PM.
A quorum was established; three members were present.
II. APPROVAL OF AGENDA:
(Not discussed.)
III. NEW BUSINESS: REVIEW OF LAND DEVELOPMENT CODE AMENDMENTS
a. Section 4.02.14 — Desi2n Standards for Development in the ST & ACSC -ST
Districts and Section 9.04.02 — Types of Variances Authorized
Stephen Lenberger provided background information:
• The Special Treatment section of the Code is the procedures section
• The State has imposed strict development criteria on the Big Cypress
area which the County has adopted and referenced in the GMP and LDC;
• Special Treatment overlays in the urban area are usually lifted in the
PUD reviews — were inserted during the 1970s;
• Other SP overlays — located along the undeveloped coastal barrier
islands
• A recent variance was applied for a lot on Plantation Island
o Plantation Island has an agreement with the Board of County
Commissioners and the Florida Department of Community Affairs dated
April 26, 2004
o The agreement allows owners of single - family lots in the unrecorded
subdivision on Plantation Island to alter mangroves and any other type
of vegetation by the minimum amount permitted
o The variance application was to be reviewed and approved by Staff at
the time the building permits were reviewed
o Residents of Plantation Island and Copeland were not required to go
through the standard process, i.e., file a petition for site alteration permit
or site development plan approval
o The language was not specific — met with Mark Strain of the Planning
- Commission who suggested clarifying the language
• The agreement itself is the variance
• County Staff questioned why another variance application was required when
the intent of the BCC was to make the process easier for the residents
• The County Attorney's Office was consulted and determined review and
approval could be accomplished by an administrative review
• The submittal requirements were outdated — Paragraph "G" was revised
(subparagraphs 1, 2 and 3) to limit submittals to applicable information only
Robert Mulhere moved to approve the Amendment as submitted. Second by Marco
Espinar.
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Suggested Revisions:
• Page 7, Line 201 — was re- worded to clarify that Public Hearings are still
required to be held, but are not required to be advertised
• Page 12, Line 417 — The first sentence will end at the word "approved." The
remainder will be deleted.
Robert Where amended his motion to approve the Amendment and the revisions
as discussed. Second by Marco Espinar. Carried unanimously, 3 — 0.
(George Hermanson arrived at 1:21 PM.)
b. Section 4.02.091 D — A/C Encroachment
Chris Scott provided background information:
• The purpose of the Amendment is to codify a Staff Clarification (SC 07 -01)
dated June 18, 2007
• There are setback requirements for structures and provisions that allow certain
exemptions
• The Amendment was revised and the term "pad mounted" was replaced with
"ground (slab -on- grade) mounted"
During the March 7th DSAC meeting, the Amendment was reviewed. The following
excerpt is from the Minutes:
"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 ..."
Suggested Revisions:
• Page 2, Line 8, First Sentence — remove the phrase "ground (slab on grade)
mounted"
• Page 2, Line 11, Second Sentence — shall read as follows:
"This includes air conditioners that are ground mounted and those
required to be elevated to meet flood elevation, including their
supporting structures, provided the minimum separation of
structures is maintained."
(David Dunnavant arrived at 1:31 PM.)
Robert Where moved to approve recommending forwarding the Amendment to
DSAC for review. Second by George Hermanson. Carried unanimously, S — 0.
c. Section 4.06.02 — Buffer Requirements
Suggested Revisions:
• Page 5, Line 141
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• Insert a comma following the word "center"
• Delete the word "or"
• Insert a comma following the word "Park"
• Insert the phrase "or similar commercial development," following the
word "Park,"
• Page 5, Line 142 —Change dimensions from 15 feet to 10 feet
• Page 5, Line 143 — Change dimensions from 7.5 fee to 5 feet
Discussion ensued concerning the history of the requirements and potential options,
i.e., to completely eliminate the buffer.
Issues: cost and visibility — shopping center /strip malls obscured by trees
Robert Mulhere moved to approve the Amendment and the revisions as discussed.
Second by George Hermanson. Carried unanimously 5 — 0.
d. Section 5.05.04 D — Group Housing FAR ( "Floor Area Ratio ") Change
Caroline Cilek provided background information:
• A "FAR" establishes the relationship (i.e., "ratio ") between a property and the
amount of development permitted for that property.
• Due to the number of requests for greater FAR for Assisted Living Facilities,
Staff recommended an increase in the ratio from 0.45 to 0.60.
Bob Mulhere suggested a language change to one -acre parcel and defining the
buildable area on a 2 -story and 3 -story building.
George Hermanson noted Assisted Living Facilities (especially upscale facilities)
are providing more onsite services, i.e., medical, social, personal services, pharmacy,
recreational and entertainment.
There was a discussion of why "0.60" was chosen. It was noted 0.60 has been the
greatest FAR requested in a PUD (Planned Unit Development) and appears to work
well.
Robert Mulhere moved to approve the Amendment and the revisions as discussed.
Second by George Hermanson. Carried unanimously 5 — 0.
e. Section 10.01.02 — Development Orders Required — Early Construction Permit
Jamie French provided background information:
• Florida Specialties requested to build a building to accommodate equipment
and refrigeration necessary for a client's needs,
• A Land Use application was needed,
• An Early Construction Authorization Permit ( "EAC ") allows vertical
construction to begin prior to the issuance of an SDP and must meet the
criteria similar to the former Fast -Track Program,
• The BCC approved issuing an EAC Permit to Florida Specialties, Inc. with
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the stipulation that the County return and present an alternative approach for
commercial building expansion projects.
• Suggestion: Add language which states the builder /developer accepts
responsibility for errors /fatal flaws — if the building is wrong, it must be torn
down — the builder /developer acknowledges the risk
Bob Mulhere stated:
• Applications are reviewed on a case -by -case basis,
• If there are any jurisdictional issues, the property will not qualify for an EAC,
• A Letter MOD ( "Letter of Modification ") must be obtained from South
Florida Water Management District ( "SFWMD "), and
• Staff should have the ability to require a performance bond or any surety
accepted by the County.
Marco Espinar stated HB 503 has been approved; i.e., a County or municipality
cannot condition permit review upon first obtaining State approval or Federal permits
first.
Suggested Revisions:
• Page 4, Line 61 — the sentence will read as follows: "Proposed vegetation
removal must comply with the requirements of Section 3.05.05 (0)."
• Fine tuning was suggested
o Add applicable portions of Section 3.05.05.
• Add: Language to the effect if a developer abandons the project, the land
must be restored to its original condition
• Add: Temporary Use Permits may be issued for larger projects
• Add: Pursuant to the Temporary Use Permit, the duration may be extended
based on need during the construction process
• Jamie French will present the suggested revisions to the County Attorney's
Office for review
Consensus: Return to DSAC for review and approval.
E Administrative Code Draft
Chris Scott stated a draft of the Administrative Code has been sent to the County
Attorney's Office for review.
He gave a brief outline:
• Three types of Amendments — removal of procedures /applications and
contents from obscure places in the LDC to the Administrative Code —
incorporation of Section 10 from the LDC
• Two amendments authorize creation of the Administrative Code
• Permits the County Manager to prepare the Administrative Code
• Allows the LDC to incorporate the Administrative Code by reference
(recommended by the consultant)
• The Administrative Code will be broken out by chapters
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The draft has been posted on the County's website.
IV. ADDED AMENDMENTS:
a. Section 2.01.03 — Essential Services
Caroline Cilek explained it was primarily a bookkeeping Amendment.
• Paragraph "C' on Page 3 was added.
• All parties to the Agreement have been identified.
George Hermanson moved to approve the Amendment as submitted. Second by
Marco Espinar. Carried unanimously S — 0.
b. Section 1.08.02 — Definitions — "Usable Open Space"
Caroline Cilek stated she met with Mark Strain, Collier County Planning
Commission, who noted the BCC direction from 2007 to amend the definition of
Usable Open Space ( "Rural Fringe District "). The proposed change will be applied
to the entire County.
Suggested Revision:
• Page 2, Line 17 — Add the phrase "(whether public or privately owned)"
following the word "areas"
George Hermanson moved to approve the Amendment and revision as discussed.
Second by Robert Mulhere. Carried unanimously 5 — 0.
There being no further business for the good of the County, the meeting was adjourned
by order of the Chairman at 2:41 PM.
DSAC — LAND DEVELOPMENT
REGULATIONS SUBCOMMITTEE
, � �, ?",� ,. /
Clay Broo r, Chairman
The Minutes were approved by the Board /Committee on , 2012
"as presented" [_] OR "as amended" ".
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