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Agenda 01/13/2009 Item #16B 3Page 1 of 1 Agenda Item No. 16B3 January 13, 2009 Page 1 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1683 Item Summary: Request that the Board direct staff to bring back an amendment to Ordinance No. 2003 -37, as amended, clarifying the purposesection of that ordinance to state that the Collier County Land Development Code, as amended., does not apply to County Transportation Road projects within road right of way, to separate the Construction Standards Handbook into two separate handbooks consisting of the 2008 version of the Construction Standards Handbook for Work within the Public Right -of -Way, Collier County. Florida and a new 2008 Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right -of -Way Handbook, and to authorize future revisions to each Handbook to be made separately and by resolution approved by the Board of County Commissioners. Meeting Date: 1113/2009 9.00:00 AM Prepared By Mitch Riley Principal Project Manager Date Transportation Services Stormwater Management 12/2312008 10:04:14 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1212312006 10:50 AM Approved By ^ Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 12/23/2008 12:08 PM Approved By Robert W. Tipton, P.E. Traffic Operations Director Date Transportation Services Traffic Operations 12!23/2008 1:24 PM Approved By Joseph K. Schmitt Community Development & Date Environmental Services Adminstrator Community Development & Community Development & 12/2312008 4:49 PM Environmental Services Environmental Services Admin. Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 12/2312008 4:50 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1212912008 10:23 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1212912008 3:23 PM Commissioners file: / /C: \AgendaTest \Export\ 121- January %2013 %202009\ 16. %2000NSENT %20AGENDA \... 1/7/2009 Agenda Item No. 16133 January 13, 2009 Page 2 of 6 EXECUTIVE SUMMARY Request that the Board direct staff to bring back an amendment to Ordinance No. 2003 -37, as amended, clarifying the "purpose" section of that ordinance to state that the Collier County Land Development Code, as amended, does not apply to County Transportation Road projects within road right of way, to separate the Construction Standards Handbook into two separate handbooks consisting of the 2008 version of the "Construction Standards Handbook for Work within the Public Right -of -Way, Collier County, Florida" and a new 2008 "Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right -of -Way Handbook," and to authorize future revisions to each Handbook to be made separately and by resolution approved by the Board of County Commissioners. OBJECTIVE: That the Board of County Commissioners direct staff to bring back an amendment to Ordinance No. 2003 -37, as amended, to clarify the purpose section of that ordinance, to state that the Collier County Land Development Code, as amended, does not apply to County Transportation Road projects within road right of way with the exception of the matters identified on attached Exhibit "A" agreed upon by Community Development and Environmental Services ( "CDES "), to separate the Construction Standards Handbook into two separate handbooks consisting of the 2008 version of the "Construction Standards Handbook for Work within the Public Right -of -Way, Collier County, Florida," (the "Construction Handbook ") and a new 2008 "Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right -of -Way Handbook" (the "Landscaping Handbook "), as well as authorizing future revisions to each Handbook to be made separately and by resolution approved by the Board of County Commissioners. CONSIDERATION: At the December 2, 2008, Board of County Commissioners' meeting, the Board moved to continue this proposal identified then as Agenda item IOJ and directed staff to bring back a modified proposal that clarified the recommended course of action regarding the application of the Collier County Land Development Code, as amended, to County Transportation Road projects within road right of way. Since that meeting, the Transportation staff has coordinated its efforts with the CDES to comply with the Board's direction. The standards for work within the County rights -of -way has been revised several times since 1977 when it was first enacted. The essence of these standards was to provide for consistency and quality of workmanship for all materials and construction activities within County rights -of- way. A procedure for issuing permits for any such work was established along with standard requirements for site plans and inspections. In 2008, the need to revise, enhance and upgrade the Construction Handbook to provide for updated methods and materials became apparent. It was also realized that the growth of the landscaping program required more frequent revisions and changes to that portion of the Construction Handbook. Staff recommends amending Ordinance No. 2003 -37, as amended, in order to separate the two Handbooks for more flexibility in necessary future revisions. As each Agenda Item No. 16B3 January 13, 2009 Page 3 of 6 Handbook may be revised separately by resolution of the Board, revisions will be accomplished in a timely and efficient manner. Finally, staff wishes to clarify the "Purpose" section of the Ordinance to state that the Collier County Land Development Code, as amended, does not apply to Collier County Transportation projects and related amenities located within the road right of way and required as components of public roadways, except as identified on Exhibit "A," attached. CDES will seek a future modification to the Land Development Code to reflect those exceptions identified in Exhibit "A FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi - judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action. —SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board approve this item directing staff to amend Ordinance 2003 -37, as amended, to clarify the "Purpose" section to state that County Transportation Road projects, including amenities related to improving the public roadways are exempt from the Collier County Land Development Code, as amended, within road right of way, except as identified in Exhibit "A," to separate the Construction Standards Handbook into two separate handbooks consisting of the 2008 version of the "Construction Standards Handbook for Work within the Public Right -of -Way, Collier County, Florida" and a new 2008 "Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right -of -Way Handbook," and to authorize future revisions to each Handbook to be made separately and by resolution approved by the Board of County Commissioners. Prepared By: Nick Casalanguida, Planning Director, Mitch Riley, Right -of -Way Permitting Manager, and Pam Lulich, Landscape Operations Manager Attachments: Exhibit "A" (list of exceptions); December 9, 2008, Memorandum from County Attorney regarding whether county road projects require permitting through ODES. Agenda Item No. 16133 January 13, 2009 Page 4 of 6 The Transportation Division and Community Development and Environmental Services ( "CDES ") Divisions acknowledge that although the Collier County Land Development Code generally does not apply to County Transportation road projects located within the road right of way, including related amenities required as components of public roadways, the following three (3) situations require distinct treatment: Collier Area Transit Bus Shelters As in the past, the Transportation Division will continue to obtain all necessary permits related to the construction and installation of Collier Area Transit Bus Shelters located within the road right of way. In this regard, the Transportation Division will continue to coordinate and work with CDES staff as required for all permits related to the location and construction of such bus shelters. Road Noise Walls The installation of Road Noise Walls is not referenced or otherwise defined in the Land Development Code. The county policy followed by the Transportation Division as to the construction of Noise Walls is as follows: (1) if required as part of a Transportation road project, a Noise Wall located within the county road right of way is not subject to the Land Development Code, (2) if a Noise Wall is not located in the county right of way and is not a required component of a county road project but rather is desired by private citizens for placement outside _. of the road right of way, then the persons seeking the construction of such a wall shall be directed to go through CDES and obtain the permits required for the installation of a decorative wall as defined in the Land Development Code. Sim All signs installed by the Transportation Division within the county road right of way required by the United States Department of Transportation's Federal Highway Administration as set forth in the Manual on Uniform Traffic Control Devices (MUTCD) are not subject to the requirements of the Land Development Code. All non -MUTCD signs such as commercial signs, signs identifying neighborhoods, and similar non - roadway signs, determined as permittable by the Transportation Division within the road right -of -way, are subject to the Land Development Code and shall meet all such requirements. Exhibit "A" Agenda Item No. 16133 January 13, 2009 Page 5 of 6 OFFICE OF THE COUNTYATTORNEY INTEROFFICE MEMORANDUM TO: Nick Casalanquida, Director, Transportation Planning Robert C. Wiley, P.E., Principal Project Manager, Engineering and Environmental Services Department, CDES CC: Jeffrey A. Klatzkow, County Attorney Joseph Schmitt, Administrator, CDES Norman Feder, Administrator, Transportation FROM: Heidi Ashton - Cicko, Assistant County Attom tf DATE: December 9, 2008 RE: Whether Road Projects are subject to CDES review including Floodplain Management Review RLS #08TR000150 and 08EIS01661 Issue: The issue presented is whether Collier County road projects require permitting through the County's Community Development and Engineering Services Division (CDES) under the Land Development Code for Floodplain Management or the Floodplain Management Ordinance. Answer: No. ANALYSIS: Staff has advised me that the Transportation Department has never permitted any roadway capital infrastructure projects through CDES including floodplain management review. Road projects are reviewed and permitted through the US Army Corps of Engineers, US Fish & Wildlife, South Florida Water Management District, Big Cypress Basin and Florida Department of Transportation, as applicable, following the design standards in the Manual on Uniform Traffic Control Devices, Florida Department of Transportation standards and American Association of State Highway and Transportation Officials standards. Section 1.04.01 of the LDC provides that "the provisions of this LDC shall apply to all land, property and development in the unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC." Agenda Item No. 16133 January 13, 2009 Page 6 of 6 ' The term development is defined in Section 1.8.02 of the LDC as follows: "Development: The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into 3 or more parcels. The following activities or uses shall be taken for the purposes of this Code to involve "development": a. A reconstruction, alteration of the size, or material change in the external appearance of a structure on land. b. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land. C. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction " as defined in Sec. 161.021, F.S. d. Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. e. Demolition of a structure. f. Clearing of land as an adjunct of construction. g. Deposit of refuse, solid or liquid waste, or fill on a parcel of land." This same definition of development is also in Section 380.04(1), F.S., located under Chapter 380 entitled "Land and Water Management" of the Florida Statutes. Section 380.04(3) contains exceptions to the definition of development. Subsection 380.04(3)(a) expressly excludes "Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of right of way." Although "work by a road agency within right of way" language is not expressly included in the current LDC as an exception to the definition of development, my opinion is that it is intended to be an exception. I note that road projects are infrastructure that serve development. My opinion is supported by the fact that CDES has never reviewed a Collier County road project for permitting. My opinion is further supported by the fact that the definition of "development' in the former LDC, Ordinance No. 91 -102 is "Development has the meaning given to it in Section 380.04 F.S." When the text of Section 380.04(1), F.S. containing the definition of "development', rather than the reference to Section 380.04, F.S., was added in the LDC as part of the re- codification in Ord. 2004 -41, the "work by a road agency within right of way" exemption language was left out of the LDC. It appears that this was inadvertent and not intended to be a modification of the definition. Please let me know if you have any additional questions.