of the
Smart Growth Task
 Force
 

Review and Discussion

County Links

   

     SMART GROWTH COMMITTEE

      February 18, 2009 Minutes

Smart Growth

Time and Place: Wednesday, February 18, 2009 from 6-8 p.m., 1st Floor, Lee County Administration Building, 2115 Second Street, Fort Myers, Florida.

1.      Call to Order, Introductions, Review of Agenda

Chairman Hammond called the meeting of the Lee County Smart Growth (SG) Advisory Committee to order at 6:04 p.m. 

 

The following committee members in attendance:

Ms. Jill Tyrer

Ms. Ellen Lindblad

Ms. Carie Call

Mr. Lee Ford

Mr. Ron Hamel

Dr. Bill Hammond

Dr. Margaret Banyan

Ms. Whitney Gray

Mr. Walter Fluegel

Mr. Robert Chilmonik

Ms. Liz Paul

Mr. Neal Noethlich

Mr. Jack Luft

The following committee members excused absence:

Mr. Damon Romanello

Ms. Margaret Fineberg

The following staff in attendance:

Wayne Daltry, Director of Smart Growth                             

John Fredyma, County Attorney

Lucy Crook, Recording Secretary

 

2.  Administrative Matters

A. Minutes of January 21, 2009.

Action Needed: Accept and approve the minutes as amended by discussion of the members.

Chairman Hammond entertained a motion to accept the January 21, 2009 Draft Minutes. Ms. Tyrer seconded for discussion. She asked to change word “user” on page two, under Combining issues under an umbrella, last sentence, to “producer”. Mr. Fluegel accepted the motion with the correction. There were no objections. Motion passed.

3.      Discussion

      A. Outcomes of Code Review (Handout- Smart Growth & Code Reform)

Mr. Daltry reviewed the attachment to check that all major points have not been missed. It is important to make sure the County Code does not prevent “Smart” Codes. He asked for additions or deletions.

In answer to Dr. Banyan, “How this compares to SG vision?” Mr. Daltry explained SG started with the 10 policy principles; we graded ourselves; pursued the missing pieces in the reforms; stayed within those ten principles and have remained consistent. He noted that mixable uses by themselves are not listed.

Chairman Hammond talked about some of the following: a) LEED for Home Programs, http://www.floridaleedhomes.org/  a voluntary rating system that promotes the design and construction of high-performance green homes and; b) Green Globes System, http://www.thegbi.org/green-globes-tools/a revolutionary building environmental design and management tool to bring in all mixed uses and all environmental and social considerations; c)Vernacular Architecture, http://en.wikipedia.org/wiki/Vernacular_architecture a term used to categorize methods of construction which use locally available resources and traditions to address your locality. The structure by which we may have a form based code to layer into the Lee Code, an Umbrella for Sustainable Community.

Problem AnalysesMr. Daltry talked about an 18 month timeline to bring reforms to the BoCC to give him clear direction.

Discussion: Ms. Gray said to: 1) add development pattern to fit the neighborhood. Dr. Banyan noted, 2) under Walkable Communities to add more quality requirements on sidewalks and; 3) to add Energy Efficiency under Development Pattern - infill saves energy, etc. (Mr. Luft arrived at 6:28 p.m.).

Mr. Daltry’s direction after more discussion: 1) he will send to the Committee a memo with member comments to review all the principles discussed; 2) focus on housing opportunities, mixed uses and energy leads; 3) have work session(s) with Power Point and speaker; 4) check that Walkable Community’s include Complete Streets principle; 5) pursue Transparency to make sure decisions are predictable and ensure community stakeholder collaboration; and 6) Code System will be reviewed to provide opportunity where appropriate.

 

More Additions: Ms. Call said incorporate placement, not just building into Walkable Community’s using the Lead Principle. Joe Beck, Landscape Architect described the Transect Principle from Congress for New Urbanism. It recognizes walkable, human-scaled neighborhoods as the basis of sustainable communities. The principle of Transect creates sustainability from urban to rural and deals with the community as a whole. It is a real neighborhood structure that requires walkable streets, mixed use, transportation options, and housing diversity.  LEED deals with building environment.

  1. Lead Committee Member for Each Interview Group - Mr. Daltry referred to February 12, 2009 memo sent with agenda. He asked members to let him know what members are conducting an interview with what groups to add to the list. Commissioner Hall offered to be the liaison with the Horizon Council. (This will be delayed due to her personal leave.) There were questions on the interviewing process. It is important to create three or four leading questions. Mr. Ford said the process is an issue more than Code. He invited individuals tonight to make comment on their perspective with what is wrong with the code and the process.

Chairman Hammond asked the public “How would you update the County’s Code as they move forward to make that transition?

Performance Standards - David Jones, Landscape architect, planner, arborist, naturalist sustainability and quality of life, said the Code is the implementation of engineering - design is not a code element. Some of what he talked about follows: There are no performance standards or goals to meet; it is market driven but influenced by code, i.e. utilization of resources and forced by urban sprawl because of density thoughts; gave examples of projects that were not allowed;  need a set of measures that not only lead us but accrue rights by virtue of compliance to make it happen; the three key elements - supportable, compatible and consistent would make the planning approach positive, but it is driven by a process that says engineering is foremost; currently, code is backwards and locks you into things which takes design away; sidewalks need a sense of going somewhere (New Urbanism) - interacting with neighbors; no time is spent on real quality of life. Performance Standards need placement in the Code not only for punitive reason, but for reward.

Michael Reitmann, Lee Building Association. Some of his comments follow: The Fort Myers downtown redesign is poor plan with palm tree placement inhibiting parking; the comprehensive subject is impossible to tackle; Land Development Codes become difficult because many go back to the 1920’s; important to focus on how to attract business and diversify economy in Lee County to make a better design and quality life; figure how to tie Economic Development and diversity to survive and how to bring new development without going through a three year code process that is unpredictable and politicized;  codes can be complied and yet denied when it comes to BoCC;  the Water Management District codes lack integration with all codes leaving the developer with no practical approach; it is a critical time to make it more fluid and get the political process out of the City and County; and if you do not have economy to implement sustainability then you are working in a vacuum.

Nichole DeVaughn, Planning Manager, City of Fort Myers agrees there is a need for more countywide cooperation where all code books are the same; the City’s current issue is sustainability, but how to standardize goals/concepts cooperatively; agrees with a need to improve mass transit; use Form Based Codes and Transect because it is more easily understood by the public; show the intention of the Code; and look at broader issues - not micromanage. Mr. Daltry referred to the Code Review issue and answered that  current pursuit of Interlocal Agreement is underway with all municipalities. David Jones added that locally the science base currently done is weak, i.e.; categorize trees under horticulture basis instead of engineering basis and the short-sidedness with Water Management design when engineers do not understand that trees hold water; filter marshes are another issue. Need to test those things against real science that supports it and revise the landscape codes.

Keith Kibbey, Public, a chemist by education and water manager by trade talked about water quality and questioned if it has improved in the past 5 – 10 years. For 27 years he documents declining water quality and said he does not know what the answer is, but letting Water Management District continue to do the wrong thing means we have to do something different on managing our water. An example, is it known that water management for a new development today will fit the criteria ten years from now? He agrees with Performance Standards. We cannot keep managing our water wrong, at the least do something different.

Is current code achieving what it was set up for way back then? Mr. Daltry noted to add this to the list. Chairman Hammond said to figure how to keep Code effective, but simple to the needs of the County. Create criteria for low impact design into the Code. Dan Moser, BPAC, Public said transportation and planners are stuck with outdated Water Management District codes with regards to curb, turn lane designs, trees instead of ditches, with no ability to use innovative techniques. These are the same issues that would help pedestrians/bicyclist but the Water Management District principles are antiquated. Joe Beck said the Code issue is that it is written by engineers based on efficiency and use check lists without flexibility disallowing builders to create design.

 SG’s Roll - Mr. Daltry explained that a) we are not overhauling the code to SG only, but are pursing reforms where code prevents carrying out SG; b) the next step is the County Managers approval to finance and then to the Board of County Commissioners (BoCC); c) the Committee will audit through transparency in the Review Process; d) during the review, determine if there is enough obstructions in the Code to keep the design from being applied with the SG principles. While each community plans and pursues enhancement for their own, SG will look at the Code Check List to make sure each task is getting done according to SG principles; e) using Form Based Code with select pieces of property, it will be known where continuity is prevented and any to be needed; f) the redevelopment planning and community plans, as they are passed by BoCC, will make a community whole.

Additional Groups to add to Mr. Daltry’s Interview list: Dr. Banyan suggested Fire and Emergency Operations, Collier County Health Department and other decision makers in surrounding counties, landscapers, landscape architects, and bicycle clubs. Ms. Call added schools. Mr. Noethlich with regards to community planning said to ensure all entities has a chance to present to the community, but the School Board has a separate jurisdiction and standards. Need to apply a cross organizational plan. Mr. Chilmonik answered Mr. Hamel that there are a few walkable schools but quality of sidewalks may be at risk. He suggests clustering schools in neighborhoods to offer a seamless process and eliminate transportation issues.

Stacy Renay, Health Department and Chair of the Smart Growth Coalition Collier County noted these discussions are starting in Collier County. Her task is to coordinate all entities and to increase communication. In Tallahassee Smart Growth is a big issue especially with the Health Department. Obese children and adults are playing a huge factor with sprawl development and Federal and State are promoting grants for Healthy People and Healthy Communities. She offered to assist with grants for other organizations.

  1. Incentives for Infill and Redevelopment (from last month, at this website http://www.smartgrowthlee.com/MISC%20DOCUMENTS/2009%20meeting%20attachments/Incentives%20for%20SG%201-09.pdf):  Mr. Daltry said the task is to reaffirm the outcomes wanted from the Codes which guide the review. Not knowing if the cost will prohibit the incentives recommended that change the Core Level of Service, we still have to change the way things are being done.

 Action Item: Prepare a paper and workshop it by bringing agenda item back in March, receive more public comment and in April or May confirm decision and forward recommendation to BoCC to restructure the Core Level of Service, otherwise we are wasting our time.

Additions to the Interview List – Chairman Hammond said to interview the business community for input from their perspective. Mr. Daltry said under the Managerial side to take Mr. Jones’ comments. Mr. Ford added lawyers that deal with building code process. Mr. Luft said master developers and property leasing agents.

D. The Interface of Infill and Redevelopment with Complete Streets: Code Review will provide the SG outcome which is, “Can a 12 year old child go anywhere from house and back without being run over? If the finances did not have to be considered in changing the Core Level of Service, what is the right structure to pursue with combined bikeways/motor vehicles, etc? Mr. Moser, Public said to at least put enough emphasis on shared use lanes to alert that bikes are allowed. Still having resistance from County traffic engineer placing Share the Road signs and adding proper striping design. It would help the County with their liability. He requested adding into the recommendation decisions defining which road areas are the first to mark.

 

4.  Task Progress

A.  Member Issues:  See above.

B. Updates: Interlocal AgreementsMr. Daltry summarized that cities are reviewing the process of agreement for infrastructure. Financing agreements will be made first. Commissioner Hall is sponsoring the Caloosahatchee River Watershed Plan Implementation Committee, Management Planning Surface and Groundwater model for Lee County is reaching closure. Mining is legislatively being looked at and BoCC is adopting 2007-08 Comprehensive Plan Amendments.

5.       Public Comment: See above.

6.      Set next meeting (March 18th); identify agenda items, and Adjourn.

 Chairman Hammond entertained a motion to adjourn at 8:10 p.m.; seconded by Mr. Fluegel. Called and  carried.

       Respectfully submitted by:

 Lucy Crook, Recording Secretary

 Lee County Administration

  1. Minutes
  2. Conclusions from Complete Street Review

 Lee