CCPC Backup Documents 08/15/2013 Rccpc
MEETING
BACKUP
DOCUMENTS
AUGUST 15, 2013
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, AUGUST 15, 2013, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM.
INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP
ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF
SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR
GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT
SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC
HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY
THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A
MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED
IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE
RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF
COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES — July 18, 2013
6. BCC REPORT- RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
9. ADVERTISED PUBLIC HEARINGS
A. PUDZ- PL20110000762: Living Word Family Church MPUD, Recommendation to consider an Ordinance of
the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as
amended, the Collier County Land Development Code, which established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by
changing the zoning classification of the herein described real property from an Agricultural Zoning District
with a Mobile Home Overlay (A -MHO) to a Mixed Use Planned Unit Development (MPUD) Zoning District for
the project to be known as the Living Word Family Church MPUD; to allow construction of religious
facilities with a maximum of 2,400 seats, a 500 seat amphitheater, a grade school for kindergarten through 12th
grade with a maximum of 250 students, a child care center with up to 200 students, assisted living facilities and
continuing care retirement community uses for seniors at a .45 floor area ratio and independent living facilities
for seniors at a maximum of 200 units and accessory, retail and social service uses for property located in
Section 30, Township 48 South, Range 27 East, Collier County, Florida, consisting of 35.0 + /- acres; repealing
the existing Conditional Use on the property granted by Resolution Number 06 -03, as amended by Resolution
Number 09 -213; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal
Planner]
Page 1 of 2
10. OLD BUSINESS
11. NEW BUSINESS
A. Administrative Code and Corresponding LDC Amendments - Request for Recommendations [Coordinator:
Caroline Cilek, Sr. Planner]
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. PLANNING COMMISSIONER COMMENTS
15. ADJOURN
CCPC Agenda/Ray Bellows /jmp
Page 2 of 2
PUUA- PL20110000762 August 15, 2013
July 16, 2013 Living Word Church
Collier County Planning Commission Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Friday, July 26, 2013, and furnish proof of
publication to the attention of Nancy Gundlach, Principal Planner in the Land Development Services
Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The
advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a
type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper
where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
Zoning Review Section
FUND & COST CENTER: 131 - 138326- 649100 -00000
PURCHASE ORDER NUMBER: 4500140024
Account Number: 068779
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
(CCPC) at 9:00 A.M., Thursday, August 15, 2013 in the Board of County Commissioners meeting room,
third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider:
An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance
Number 2004 -41, as amended, the Collier County Land Development Code, which established the
comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the
appropriate zoning atlas map or maps by changing the zoning classification of the herein described real
property from an Agricultural Zoning District with a Mobile Home Overlay (A -MHO) to a Mixed Use
Planned Unit Development (MPUD) Zoning District for the project to be known as the Living Word Family
Church MPUD; to allow construction of religious facilities with a maximum of 2,400 seats, a 500 seat
amphitheater, a grade school for kindergarten through 12`h grade with a maximum of 250 students, a child
care center with up to 200 students, assisted living facilities and continuing care retirement community
uses for seniors at a .45 floor area ratio and independent living facilities for seniors at a maximum of 200
units and accessory, retail and social service uses for property located in Section 30, Township 48 South,
Range 27 East, Collier County, Florida, consisting of 35.0 + /- acres; repealing the existing Conditional Use
on the property granted by Resolution Number 06 -03, as amended by Resolution Number 09 -213; and by
providing an effective date. (PUDZ- PL20110000762)
(insert map)
All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes
on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized
to represent a group or organization should limit their presentation to ten minutes. Persons wishing to
have written or graphic materials included in the CCPC agenda packets must submit said material a
minimum of 10 days prior to the respective public hearing. Written comments must be filed with the
Department of Zoning and Land Development Review prior to Thursday, August 15, 2013, in order to be
considered at the public hearing. All materials used in presentation before the CCPC will become a
permanent part of the record and will be available for presentation to the Board of County
Commissioners, if applicable.
If a person decides to appeal any decision made by the Collier County Planning Commission with
respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,
and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
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WILSON BOULEVARD
July 16, 2013
Collier County Planning Commission Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on Friday, July 26, 2013, and furnish proof of
publication to the attention of the Boards Minutes and Records Department, 3299 Tamiami Trail East,
Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the
headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not
be placed in that portion of the newspaper where legal notices and classified advertisements appear.
Please reference the following on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
Zoning Review Section
FUND & COST CENTER: 131 - 138326- 649100 -00000
PURCHASE ORDER NUMBER: 4500140024
Account Number: 068779
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission
(CCPC) at 9:00 A.M., Thursday, August 15, 2013 in the Board of County Commissioners meeting room,
third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL ZONING DISTRICT WITH A
MOBILE HOME OVERLAY (A -MHO) TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS
THE LIVING WORD FAMILY CHURCH MPUD; TO ALLOW CONSTRUCTION OF
RELIGIOUS FACILITIES WITH A MAXIMUM OF 2,400 SEATS, A 500 SEAT
AMPHITHEATER, A GRADE SCHOOL FOR KINDERGARTEN THROUGH 12TH GRADE
WITH A MAXIMUM OF 250 STUDENTS, A CHILD CARE CENTER WITH UP TO 200
STUDENTS, ASSISTED LIVING FACILITIES AND CONTINUING CARE
RETIREMENT COMMUNITY USES FOR SENIORS AT A .45 FLOOR AREA RATIO AND
INDEPENDENT LIVING FACILITIES FOR SENIORS AT A MAXIMUM OF 200 UNITS AND
ACCESSORY, RETAIL AND SOCIAL SERVICE USES FOR PROPERTY LOCATED IN
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 35.0 + /- ACRES; REPEALING THE EXISTING CONDITIONAL USE ON
THE PROPERTY GRANTED BY RESOLUTION NUMBER 06 -03, AS AMENDED BY
RESOLUTION NUMBER 09 -213; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-
PL20110000762)
(insert map)
All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes
on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized
to represent a group or organization should limit their presentation to ten minutes. Persons wishing to
have written or graphic materials included in the CCPC agenda packets must submit said material a
minimum of 10 days prior to the respective public hearing. Written comments must be filed with the
Department of Zoning and Land Development Review prior to Thursday, August 15, 2013, in order to be
considered at the public hearing. All materials used in presentation before the CCPC will become a
permanent part of the record and will be available for presentation to the Board of County
Commissioners, if applicable.
If a person decides to appeal any decision made by the Collier County Planning Commission with
respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,
and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
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WILSON BOULEVARD
Acct #068779
July 16, 2013
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: PUDZ- PL20110000762 (Display Ad w /Map)
Living Word Church
Dear Legals:
Please advertise the above referenced notice (w /map) on Friday, July 26, 2013
and send the Affidavit of Publication, in Triplicate, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500140024
FU-BLIU NU11C h VUbL1U.NU11(-h rUbillu 1NU1ll,r.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning
Commission (CCPC) at 9:00 A.M., Thursday, August 15, 2013 in the Board of County
Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,
Naples FL., to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL ZONING DISTRICT
WITH A MOBILE HOME OVERLAY (A -MHO) TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN
AS THE LIVING WORD FAMILY CHURCH MPUD; TO ALLOW CONSTRUCTION
OF RELIGIOUS FACILITIES WITH A MAXIMUM OF 2,400 SEATS, A 500 SEAT
AMPHITHEATER, A GRADE SCHOOL FOR KINDERGARTEN THROUGH 12TH
GRADE WITH A MAXIMUM OF 250 STUDENTS, A CHILD CARE CENTER WITH
UP TO 200 STUDENTS, ASSISTED LIVING FACILITIES AND CONTINUING CARE
RETIREMENT COMMUNITY USES FOR SENIORS AT A_,J§_ FLOOR AREA RATIO
AND INDEPENDENT LIVING FACILITIES FOR SENIORS AT A MAXIMUM OF 200
UNITS AND ACCESSORY, RETAIL AND SOCIAL SERVICE USES FOR PROPERTY
LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 35.0 + /- ACRES; REPEALING THE EXISTING
CONDITIONAL USE ON THE PROPERTY GRANTED BY RESOLUTION NUMBER
06 -03, AS AMENDED BY RESOLUTION NUMBER 09 -213; AND BY PROVIDING AN
EFFECTIVE DATE. (PUDZ- PL20110000762)
All interested parties are invited to appear and be heard. Individual speakers will be limited to
5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who
have been authorized to represent a group or organization should limit their presentation to ten
minutes. Persons wishing to have written or graphic materials included in the CCPC agenda
packets must submit said material a minimum of 10 days prior to the respective public hearing.
Written comments must be filed with the Department of Zoning and Land Development Review
prior to Thursday, August 15, 2013, in order to be considered at the public hearing. All materials
used in presentation before the CCPC will become a permanent part of the record and will be
available for presentation to the Board of County Commissioners, if applicable.
If a person decides to appeal any decision made by the Collier County Planning Commission
with respect to any matter considered at such meeting or hearing, he will need a record of
that proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact the Collier County Facilities Management Department, located at 3335 Tamiami
Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the
meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
No. 231226762 July 26. 2013
20
-EN CAIE ESTNIES
UNI 2, 21
2
NEPIi�GE BAV
0fi)
24
19
NAPEE6.IMMONALEE ROAD
(�.R,M6�
PROJECT
LOCATION
25
30
29
2B
UNIT ESTATES
27
m
3
36
31
32
33
GOIDEN C.. EST-
34
All interested parties are invited to appear and be heard. Individual speakers will be limited to
5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who
have been authorized to represent a group or organization should limit their presentation to ten
minutes. Persons wishing to have written or graphic materials included in the CCPC agenda
packets must submit said material a minimum of 10 days prior to the respective public hearing.
Written comments must be filed with the Department of Zoning and Land Development Review
prior to Thursday, August 15, 2013, in order to be considered at the public hearing. All materials
used in presentation before the CCPC will become a permanent part of the record and will be
available for presentation to the Board of County Commissioners, if applicable.
If a person decides to appeal any decision made by the Collier County Planning Commission
with respect to any matter considered at such meeting or hearing, he will need a record of
that proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact the Collier County Facilities Management Department, located at 3335 Tamiami
Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the
meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
No. 231226762 July 26. 2013
Martha S. Vergara
From: RodriguezWanda <WandaRodriguez @colliergov.net>
Sent: Monday, July 22, 2013 9:26 AM
To: Gundlach, Nancy
Cc: Ashton, Heidi; Martha S. Vergara
Subject: RE: PUDZ-PL20110000762 Living Word Church Ad Proof
Importance: High
Nancy,
If it is a .45 floor area ratio, then why in her last email to you did Heidi change the ratio to .60? Please
discuss with Heidi and make sure everyone is on the same page. We need to make sure the
ordinance is correct, and the advertising.
Wanda 'Rodriguez, _4(.2'
.%ldvance.d Certified Paralegal
Office of ihie C:oLrnty Attorney
ney
(23c)) 252.8.4 00
From: GundlachNancy
Sent: Monday, July 22, 2013 8:56 AM
To: RodriguezWanda; Martha S. Vergara
Cc: AshtonHeidi
Subject: RE: PUDZ-PL20110000762 Living Word Church Ad Proof
Hi Wanda,
It is a .45 floor area ratio. I think we are still o.k. if.60 was/is advertised, as the .60 is a larger number and the .45 floor
area ratio is within the .60 number.
Regards,
Nancy
Nancy Gundlach, AICP, RLA# 1244
Principal Planner, Planning &Zoning
Growth Managment Division
2800 North Horseshoe Drive
Naples, FL 34104
(239)252-2484
FAX: (239)252-6361
nancygundlach @colliergov.net
From: RodriguezWanda
Sent: Friday, July 19, 2013 1:37 PM
To: GundlachNancy; Martha S. Vergara
1
Martha S. Vergara
From:
RodriguezWanda <WandaRodriguez @colIiergov.net>
Sent:
Monday, July 22, 2013 10:47 AM
To:
Martha S. Vergara
Cc:
Gundlach, Nancy; Ashton, Heidi
Subject:
RE: PUDZ- PL20110000762 Living Word Church Ad Proof
Martha,
Heidi and Nancy have confirmed that the ".45 floor area ratio" is the correct number, so the ad is OK
to run as in the proof. Thanks,
AVan(fca Rodriquez, _ACP
_ ,Advanced- Certif ied Para.Cegal
Off ice of' the County - Attorney
(2, )) 252- 8400
From: RodriguezWanda
Sent: Friday, July 19, 2013 1:37 PM
To: GundlachNancy; Martha S. Vergara
Subject: FW: PUDZ- PL20110000762 Living Word Church Ad Proof
Importance: High
Nancy,
I must have missed this when I reviewed the ad request, but there is a discrepancy. The last email I
have from Heidi on the title language says...f.°
This proof says ".45 floor area ratio." Unless there is something I'm unaware of, I think this
needs to be changed. Please review and confirm.
Wanda 7Lodriguez, .ACP
:ldi�artc:ed Cent %ie Pra,rafetja.(
Office of the County ,Attorney
(z;g) 252- 8400
From: Martha S. Vergara [ mai Ito: Martha.Vergara @colIierclerk.corn]
Sent: Friday, July 19, 2013 11:44 AM
To: RodriguezWanda; AshtonHeidi; NeetVirginia; GundlachNancy
Subject: PUDZ- PL20110000762 Living Word Church Ad Proof
Morning All,
Attached is the ad proof for the CCPC Meeting 8/15/2013 for Living Word Church.
Please review and let me know of any changes needed.
Thanks,
1
PUbj,IL; NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning
Commission (CCPC) at 9:00 A.M., Thursday, August 15, 2013 in the Board of County
Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,
Naples FL., to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL ZONING DISTRICT
WITH A MOBILE HOME OVERLAY (A -MHO) TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN
AS THE LIVING WORD FAMILY CHURCH MPUD; TO ALLOW CONSTRUCTION
OF RELIGIOUS FACILITIES WITH A MAXIMUM OF 2,400 SEATS, A 500 SEAT
AMPHITHEATER, A GRADE SCHOOL FOR KINDERGARTEN THROUGH 12TH
GRADE WITH A MAXIMUM OF 250 STUDENTS, A CHILD CARE CENTER WITH
UP TO 200 STUDENTS, ASSISTED LIVING FACILITIES AND CONTINUING CARE
RETIREMENT COMMUNITY USES FOR SENIORS AT A .45 FLOOR AREA RATIO
AND INDEPENDENT LIVING FACILITIES FOR SENIORS AT A MAXIMUM OF 200
UNITS AND ACCESSORY, RETAIL AND SOCIAL SERVICE USES FOR PROPERTY
LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 35.0 + /- ACRES; REPEALING THE EXISTING
CONDITIONAL USE ON THE PROPERTY GRANTED BY RESOLUTION NUMBER
06 -03, AS AMENDED BY RESOLUTION NUMBER 09 -213; AND BY PROVIDING AN
EFFECTIVE DATE. (PUDZ- PL20110000762)
All interested parties are invited to appear and be heard. Individual speakers will be limited to
5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who
have been authorized to represent a group or organization should limit their presentation to ten
minutes. Persons wishing to have written or graphic materials included in the CCPC agenda
packets must submit said material a minimum of 10 days prior to the respective public hearing.
Written comments must be filed with the Department of Zoning and Land Development Review
prior to Thursday, August 15, 2013, in order to be considered at the public hearing. All materials
used in presentation before the CCPC will become a permanent part of the record and will be
available for presentation to the Board of County Commissioners, if applicable.
If a person decides to appeal any decision made by the Collier County Planning Commission
with respect to any matter considered at such meeting or hearing, he will need a record of
that proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact the Collier County Facilities Management Department, located at 3335 Tamiami
Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the
meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
No. 231226762
- -- July 26 2013
ASE 9A.
(qy) CIXl1EN GAZE ESTATES
2� T 2T
19 20 21. 22
PROJECT
NArEESaMNpNAEeE "°"° (cN, �)
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LOIDEN 41E ESTATES
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NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publica
State of Florida
Counties of Collier and Lee
Before the undersigned they serve a:
appeared Robin Calabrese, who on
Advertising Director of the Naples D
newspaper published at Naples, in
distributed in Collier and Lee counti
attached copy of the advertising, bei
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on July 26, 2013.
Affiant further says that the said
published at Naples, in said Collier I
newspaper has heretofore been cont:
County, Florida; distributed in Colli
each day and has been entered as se
office in Naples, in said Collier Con
year next preceding the first public
advertisement; and afflant further sa
promised any person, firm or coipor!
commission or refund for the purpos
publicatioji,in th�said newspaper.
(Signalt Gre of affant)
Sworn to and subsc 1b before me
T.0, day of,� gust 2013.
(Signature of notary public)
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Planning
Commission (CCPC) at 9:00 A.M., Thursday, August 15, 2013 in the Board of County
Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,
Naples FL., to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL ZONING DISTRICT
WITH A MOBILE HOME OVERLAY (A -MHO) TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN
AS THE LIVING WORD FAMILY CHURCH MPUD; TO ALLOW CONSTRUCTION
OF RELIGIOUS FACILITIES WITH A MAXIMUM OF 2,400 SEATS, A 500 SEAT
AMPHITHEATER, A GRADE SCHOOL FOR KINDERGARTEN THROUGH 12TH
GRADE WITH A MAXIMUM OF 250 STUDENTS, A CHILD CARE CENTER WITH
UP TO 200 STUDENTS, ASSISTED LIVING FACILITIES AND CONTINUING CARE
RETIREMENT COMMUNITY USES FOR SENIORS AT A .45 FLOOR AREA RATIO
AND INDEPENDENT LIVING FACILITIES FOR SENIORS AT A MAXIMUM OF 200
UNITS AND ACCESSORY, RETAIL AND SOCIAL SERVICE USES FOR PROPERTY
LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 35.0 + /- ACRES; REPEALING THE EXISTING
CONDITIONAL USE ON THE PROPERTY GRANTED BY RESOLUTION NUMBER
06 -03, AS AMENDED BY RESOLUTION NUMBER 09 -213; AND BY PROVIDING AN
EFFECTIVE DATE. (PUDZ- PL20110000762)
All interested parties are invited to appear and be heard. Individual speakers will be limited to
5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who
have been authorized to represent a group or organization should limit their presentation to ten
minutes. Persons wishing to have written or graphic materials included in the CCPC agenda
packets must submit said material a minimum of 10 days prior to the respective public hearing.
Written comments must be filed with the Department of Zoning and Land Development Review
prior to Thursday, August 15, 2013, in order to be considered at the public hearing. All materials
used in presentation before the CCPC will become a permanent part of the record and will be
available for presentation to the Board of County Commissioners, if applicable.
If a person decides to appeal any decision made by the Collier County Planning Commission
with respect to any matter considered at such meeting or hearing, he will need a record of
that proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact the Collier County Facilities Management Department, located at 3335 Tamiami
Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the
meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
No. 231226762 _ July 26 2013
:r.•
=_ th1Y COUMISSION r EE 851758
EXPIRES: November 28, 2014
Bonded Thru Plchard Insuranc
e Agency
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All interested parties are invited to appear and be heard. Individual speakers will be limited to
5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who
have been authorized to represent a group or organization should limit their presentation to ten
minutes. Persons wishing to have written or graphic materials included in the CCPC agenda
packets must submit said material a minimum of 10 days prior to the respective public hearing.
Written comments must be filed with the Department of Zoning and Land Development Review
prior to Thursday, August 15, 2013, in order to be considered at the public hearing. All materials
used in presentation before the CCPC will become a permanent part of the record and will be
available for presentation to the Board of County Commissioners, if applicable.
If a person decides to appeal any decision made by the Collier County Planning Commission
with respect to any matter considered at such meeting or hearing, he will need a record of
that proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact the Collier County Facilities Management Department, located at 3335 Tamiami
Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the
meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
No. 231226762 _ July 26 2013
:r.•
=_ th1Y COUMISSION r EE 851758
EXPIRES: November 28, 2014
Bonded Thru Plchard Insuranc
e Agency
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Living Word MPUD — Errata Sheet
August 15, 2013
1. Page 1 of 14, Item A.3. to read:
(Group 8641) Limited to organizations including Youth Associations (except
hotel units), Fraternal Associations and Lodges, Veterans Organizations.
2. Page 1 of 14, Item A.S. to read:
Assisted Living Facilities (ALF), Continuing Care Retirement Communities
(CCRC), Independent Living Units and nursing and personal care services
(Groups 8051, 8052, Except Mental Retardation Hospitals) for ages 55 plus.
The total number of units/beds shall be limited to 200. All uses shall be
consistent with operational characteristics stated on page 3 of this
document.
3. Page 2 of 14, Item B.4. to read:
Church operated Thrift Store, not to exceed 5,000 square feet (Group 5932,
second hand retail only), not-for- profit only, limited to 8 a.m. to 6 p.m.
daily, with a maximum of 20 operational hours per week.
4. Page 2 of 14, Item B.6. to read:
6
Group 6553, limited to Columbarium, at grade level or above ground
interment only
5. Page 3 of 14, Item B.14 to read:
Play Areas, Playgrounds and Recreational Facilities in association with
Church/School Uses. Playgrounds and play areas in daily use for the school
or day care cannot be located within 100 feet of a property developed with
residential uses at the time of this rezone.
6. Page 4 of 14, Item D.3. (Amphitheater) to read:
Use of the facility not related specifically to religious holidays (Christmas or
Easter) shall be subject to temporary use permit conditions as required by
the Land Development Code.
7. Page 6 of 14, Table Ito read:
TABLE I: DEVELOPMENT STANDARDS
Requirements Principal Use Accessory Use
Minimum Lot Area 10,000 square feet N/A
Minimum Lot Width 75 feet N/A
Maximum Height
• Zoned: 35 feet and 2 stories 35' and 2 stories
• Actual: 42 feet' and 2 stories 42' and 2 stories
Minimum Floor Area 1,000 square feet
7
Maximum Floor Area Ratio 0.453
Minimum Building Setbacks
50 feet4 30 feet4
• Immokalee Road
30 feet4/ 50 feet' 25 feet4
• Moulder Drive
30 feet4 25 feet4
• All other adjacent property lines
• Minimum Distance Between 15 feet 10 feet
Structures
15 feet from the edge of
10 feet
• Internal Drives pavement
20 feet 20 feet
• Lake2
25 feet 10 feet
• Preserve
SBH = Sum of Building Heights
1—Actual height for a permitted church steeple or bell tower only shall be 47 feet.
8. Page 6 of 14, Footnote 4 to read:
Measured from the property line for structures in accordance with the adopted wildfire
management requirements contained in this document.
(The purpose here is to distinguish from setbacks for structures and not for non-structural
accessory uses such as play fields)
8
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PARCEL NO. 00216800007
3 (OR 1044, PG 1541)
20'
----QUIT CLAIM DEED
THE SOUTH 20 FEET OF THE WEST 1/2 OF THE SOUTHWEST
1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK
4874, PAGES 1750-1753 OF THE PUBLIC RECORDS OF COWER
COUNTY, FLORIDA
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FULL SIZE MAPS FOR THE
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ARE ON FILE AND MAY BE VIEWED IN
THE BOARD'S MINUTES AND RECORDS
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41a REVISIONS ; .
—• m o } - .m - .... LIVING WORD FAMILY CHURCH .aci$ ,#a
Q nZ £: LYING IN THE NORTHEAST QUARTER(NE-1l4) ''''''P';3 3
1.1 § CI SECTION 36 TOWNSHIP A8 SOUTH,RANGE 27 EAST [w sy i
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N , mo t R_3 REVISIONS
_ LIVING WORD FAMILY CHURCH
O .3 a LYING IN THE NORTHEAST QUARTER(NE-I,4)m I rvl - SECTION 30.TOWNSHIP 48 SOUTH,RANGE 27 EAST
'
N .+ COLLIER COUNTY,FLORIDA Y
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..........
LDC Amendments
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
X Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
8 -15 -13
Originating Dept/ Div: Operations and Regulatory Management Person: Caroline Cilek, Senior Planner Date: Friday, July 19, 2013
Petition No. (If none, give brief description): N/A
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above
Hearing before BCC BZA Other: CCPC
Requested Hearing date: August 15, 2013
Notice to run: Friday, July, 26, 2013
Notice to run not later than: Tuesday, July 30, 2013
Newspaper(s) to be used: (Complete only if important):
X Naples Daily News
❑ Other
X Legally Required
Proposed Text: (Include Title of the Ordinance /Resolution (or just write in see attached document), legal description, common
location & size): Please see attached legal ad.
Please publish the following public notice, for a Display ad, '/, page, in your edition of Friday, July 26, 2013. The
advertisement must be '/4 page, and the headline in the advertisement must be in a type no smaller than 18 point. The
advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements
appear. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division,
Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104,
Attention: Caroline Cilek
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs:
Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131- 138909 - 634999; Purchase Order
Number: 4500140284; Account Number: 068779
P.O.# 4500140284
Reviewed by:
1-4, AP S'—,,
Division A ministrator or Designee Date
List Attachments: Legal Ad. Proposed Ordinance to be furnished closer to the hearing date.
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY:
Date Received: fl r 14R • 13 Date of Public hearing: Date Advertised:
Ann P. Jennejohn
From: CilekCaroline <CarolineCilek @colliergov.net>
Sent: Friday, July 19, 2013 1:25 PM
To: Minutes and Records
Cc: Ashton, Heidi; Rodriguez, Wanda; Neet, Virginia; Wells, Laura
Subject: Legal Ad request for CCPC 081513 w/ run date 072613
Attachments: Legal Ad Request for CCPC 081513 (071913).pdf, CCPC Legal Ad for 081513
(071813)- 2.docx
Hi Minutes and Records,
Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for
approval prior to processing.
Thanks!
Caroline
Caroline Cilek, M.S.
Senior Planner
Collier County
Growth Management Division
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239 - 252 -2485
Under Florida Law, e -maill addressesare oub c records. if you do not wan. yoa€ e mail address rele ased in response to a public iecords request, do not send
:: e iron c mail to this entity, Instead contact this office by telephone or in writing,
July 19, 2013
Naples Daily News
1100 Immokalee Road
Naples, FL 34110
ATTENTION: LEGAL ADVERTISING
Please publish the following public notice, for a Display ad, 1/4 page, in your edition of Friday, July 26,
2013. The advertisement must be' /4 page, and the headline in the advertisement must be in a type no
smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where
legal notices and classified advertisements appear. Please furnish proof of publication of each
advertisement to the Collier County Growth Management Division, Department of Zoning and Land
Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline
Cilek.
August 15, 2013
COLLIER COUNTY PLANNING COMMISSION
NOTICE OF LAND DEVELOPMENT CODE CHANGE
ADMINISTRATIVE CODE
Notice is hereby given that on August 15, 2013, in the Board of County Commissioners Meeting Room,
3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida
34112, the Collier County Planning Commission will consider amendments to the Collier County Land
Development Code. The meeting will commence at 9:00 A.M. The titles of the proposed ordinances are
as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: CHAPTER 1 — GENERAL
PROVISIONS, INCLUDING SECTION 1.06.01 RESPONSIBILITY FOR
INTERPRETATIONS, SECTION 1.07.00 LAWS ADOPTED BY
REFERENCE; CHAPTER TWO — ZONING DISTRICTS AND USES,
INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS,
SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS;
CHAPTER THREE — RESOURCE PROTECTION, INCLUDING
SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION
3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION
PROTECTION AND PRESERVATION, SECTION 3.05.03
PROCEDURES, SECTION 3.05.07 PRESERVATION STANDARDS,
ADDING SECTION 3.08.00 ENVIRONMENTAL DATA
REQUIREMENTS; CHAPTER FOUR — SITE DESIGN AND
DEVELOPMENT STANDARDS, INCLUDING SECTION 4.03.01
GENERALLY, SECTION 4.03.03 EXEMPTIONS, SECTION 4.03.04 LOT
LINE ADJUSTMENTS, SECTION 4.05.04 PARKING SPACE
REQUIREMENTS, SECTION 4.07.02 DESIGN REQUIREMENTS;
CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING
SECTION 5.03.06 DOCK FACILITIES, SECTION 5.04.01 TEMPORARY
USE PERMITS, SECTION 5.04.05 TEMPORARY EVENTS, ADDING
SECTION 5.04.08 FILM PERMIT, SECTION 5.05.01 BUSINESSES
SERVING ALCOHOLIC BEVERAGES, SECTION 5.05.05
AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08
ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION
5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN
RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT
STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,
SECTION 5.06.11 PERMIT APPLICATION AND REVIEW PROCESS;
CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND
ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SECTION 6.01.02 EASEMENTS, ADDING SECTION 6.01.05 SOIL
EROSION AND SEDIMENT CONTROL PLAN, SECTION 6.02.01
GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF
SERVICE REQUIREMENTS, SECTION 6.04.03 FIRE HYDRANTS,
SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM
REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM
REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND
PATHWAY REQUIREMENTS; CHAPTER 9 - VARIATIONS FROM
CODE REQUIREMENTS, INCLUDING SECTION 9.02.06 REQUIRED
NOTICES FOR VESTED RIGHTS DETERMINATION PROCESS,
INCLUDING PUBLIC HEARINGS, SECTION 9.03.07
NONCONFORMITIES CREATED OR INCREASED BY PUBLIC
ACQUISITION, DELETING SECTION 9.04.07 SPECIFIC
REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE STATION
DISTANCE REQUIREMENTS; CHAPTER TEN - APPLICATION,
REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING
SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION
10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS,
SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE
DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL
REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL
REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06
SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07
SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC
FACILITY ADEQUACY, SECTION 10.02.08 SUBMITTAL
REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING
AND LDC, SECTION 10.02.09 SUBMITTAL REQUIREMENTS FOR
TEXT AMENDMENTS TO THE LDC, SECTION 10.02.13 PLANNED
UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15
MIXED USE PROJECT PROCEDURES WITHIN THE BAYSHORE
GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 10.03.05
NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE
BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING
APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD,
ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED
HEARINGS FOR LAND USE PETITIONS, SECTION 10.08.00
CONDITIONAL USES PROCEDURES; SECTION FOUR, CONFLICT
AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING CHAPTER EIGHT — DECISION -
MAKING AND ADMINISTRATIVE BODIES, BY ADDING SECTION
8.10.00 HEARING EXAMINER; SECTION TWO, CONFLICT AND
SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR,
EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available
for public inspection in the Zoning and Land Development Review Section, Growth Management Division,
2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday
through Friday.
Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth
Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled
hearing.
If a person decides to appeal any decision made by the Collier County Planning Commission with
respect to any matter considered at such meeting or hearing, he will need a record of the proceedings,
and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL
34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioner's Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
Acct #068779
July 22, 2013
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: Amendments to the Land Development Code (Display Ad)
Dear Legals:
Please advertise the above referenced Display Notice on Friday, July 26, 2013
and send the Affidavits of Publication, in Triplicate, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500140284
July 22, 2013
Naples Daily News
1100 Immokalee Road
Naples, FL 34110
Collier County Planning Commission
Public Hearing Advertising Requirements
ATTENTION: LEGAL ADVERTISING
Please publish the following public notice, for a Display ad, 1/4 page, in your
edition of Friday, July 26, 2013. The advertisement must be 1/4 page, and
the headline in the advertisement must be in a type no smaller than 18 point.
The advertisement must not be placed in that portion of the newspaper where legal
notices and classified advertisements appear.
Please furnish proof(s) of publication to the attention of the Minutes and Records
Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida, 34112.
August 15, 2013
COLLIER COUNTY PLANNING COMMISSION
NOTICE OF LAND DEVELOPMENT CODE CHANGE
ADMINISTRATIVE CODE
Notice is hereby given that on August 15, 2013, in the Board of County
Commissioners Meeting Room, 3rd Floor, Building "F," Collier County
Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier
County Planning Commission will consider amendments to the Collier County
Land Development Code. The meeting will commence at 9:00 A.M.
The titles of the proposed ordinances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: CHAPTER 1 - GENERAL
PROVISIONS, INCLUDING SECTION 1.06.01 RESPONSIBILITY
FOR INTERPRETATIONS, SECTION 1.07.00 LAWS ADOPTED
BY REFERENCE; CHAPTER TWO - ZONING DISTRICTS AND
USES, INCLUDING SECTION 2.03.01 AGRICULTURAL ZONING
DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT
DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION,
INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION
PLATS, SECTION 3.05.02 EXEMPTIONS FROM
REQUIREMENTS FOR VEGETATION PROTECTION AND
PRESERVATION, SECTION 3.05.03 PROCEDURES, SECTION
3.05.07 PRESERVATION STANDARDS, ADDING SECTION
3.08.00 ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER
FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS,
INCLUDING SECTION 4.03.01 GENERALLY, SECTION 4.03.03
EXEMPTIONS, SECTION 4.03.04 LOT LINE ADJUSTMENTS,
SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION
4.07.02 DESIGN REQUIREMENTS; CHAPTER FIVE -
SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.06
DOCK FACILITIES, SECTION 5.04.01 TEMPORARY USE
PERMITS, SECTION 5.04.05 TEMPORARY EVENTS, ADDING
SECTION 5.04.08 FILM PERMIT, SECTION 5.05.01
BUSINESSES SERVING ALCOHOLIC BEVERAGES, SECTION
5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08
ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION
5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN
RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT
STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,
SECTION 5.06.11 PERMIT APPLICATION AND REVIEW
PROCESS; CHAPTER SIX - INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES
REQUIREMENTS, INCLUDING SECTION 6.01.02 EASEMENTS,
ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT
CONTROL PLAN, SECTION 6.02.01 GENERALLY, SECTION
6.02.03 TRANSPORTATION LEVEL OF SERVICE
REQUIREMENTS, SECTION 6.04.03 FIRE HYDRANTS,
SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM
REQUIREMENTS, SECTION 6.06.01 STREET SYSTEM
REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE
AND PATHWAY REQUIREMENTS; CHAPTER 9 - VARIATIONS
FROM CODE REQUIREMENTS, INCLUDING SECTION 9.02.06
REQUIRED NOTICES FOR VESTED RIGHTS DETERMINATION
PROCESS, INCLUDING PUBLIC HEARINGS, SECTION 9.03.07
NONCONFORMITIES CREATED OR INCREASED BY PUBLIC
ACQUISITION, DELETING SECTION 9.04.07 SPECIFIC
REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE
STATION DISTANCE REQUIREMENTS; CHAPTER TEN -
APPLICATION, REVIEW, AND DECISION - MAKING
PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT
ORDERS REQUIRED, SECTION 10.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03
SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT
PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR
PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR
IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL
REQUIREMENTS FOR PERMITS, SECTION 10.02.07
SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF
PUBLIC FACILITY ADEQUACY, SECTION 10.02.08
SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE
OFFICIAL ZONING AND LDC, SECTION 10.02.09 SUBMITTAL
REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC,
SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD)
PROCEDURES, SECTION 10.02.15 MIXED USE PROJECT
PROCEDURES WITHIN THE BAYSHORE GATEWAY
TRIANGLE REDEVELOPMENT AREA, SECTION 10.03.05
NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE
THE BCC, THE PLANNING COMMISSION, THE BOARD OF
ZONING APPEALS, THE EAC, AND THE HISTORIC
PRESERVATION BOARD, ADDING SECTION 10.03.06 PUBLIC
NOTICE AND REQUIRED HEARINGS FOR LAND USE
PETITIONS, SECTION 10.08.00 CONDITIONAL USES
PROCEDURES; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE.
".0-11
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION
OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING CHAPTER EIGHT —
DECISION- MAKING AND ADMINISTRATIVE BODIES, BY
ADDING SECTION 8.10.00 HEARING EXAMINER; SECTION
TWO, CONFLICT AND SEVERABILITY; SECTION THREE,
INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE
DATE.
All interested parties are invited to appear and be heard. Copies of the proposed ordinances are
available for public inspection in the Zoning and Land Development Review Section, Growth
Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00
A.M. and 5:00 P.M., Monday through Friday.
Furthermore, materials will be made available for inspection at the Collier County Clerk's
Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week
prior to the scheduled hearing.
If a person decides to appeal any decision made by the Collier County Planning Commission
with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite
101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the Board of County Commissioner's
Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
Ann P. Jennejohn
To: legals @naplesnews.com
Subject: LDC Amendments Display Notice
Attachments: LDC Amendments.doc; LDC Amendments.doc
Good Afternoon,
Please publish the attached Display Notice on Friday, July 26, 2013.
Thank you!
Ann Jenne john, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
Ann P. Jennejohn
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Thursday, July 25, 2013 9:45 AM
To: Ann P. Jennejohn
Subject: RE: Ad Proof - 231226768
Attachments: NDN231226768.BCC Zoning Proof.072613.pdf
OOOOOHHHHH....Oops! that's the kind of day I'm having today ... LOL ... Is it Friday yet?
Here you go!
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn@colliercierk.com]
Sent: Thursday, July 25, 2013 9:31 AM
To: Polidora, Carol
Subject: RE: Ad Proof - 231226768
I could be losing my mind.......... but was there a proof attached?
Ann
From: Polidora, Carol [mai Ito: cpolidora@ naplesnews.com]
Sent: Thursday, July 25, 2013 9:03 AM
To: Ann P. Jennejohn
Subject: Ad Proof - 231226768
Importance: High
Good Morning Ann!
I apologize that I'm sending this so late. I just got it back from Creative.
Please provide approval ASAP for publication on 07.26.13. Deadline is today at 1:00pm.
MANY thanks!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at (239) 213 -6000
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be
used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take
any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
U N U-1 1Uh Y U -BL1U N U'l lUE V U BLlU N
August 15, 2013
COLLIER COUNTY PLANNING COMMISSION
NOTICE OF LAND DEVELOPMENT CODE
CHANGE - ADMINISTRATIVE CODE
Notice is hereby given that on August 15, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F,"
Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County Planning Commission
will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M.
The titles of the proposed ordinances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION
1.06.01 RESPONSIBILITY FOR INTERPRETATIONS, SECTION 1.07.00 LAWS ADOPTED BY REFERENCE;
CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL
ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS; CHAPTER THREE -
RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION
3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION,
SECTION 3.05.03 PROCEDURES, SECTION 3.05.07 PRESERVATION STANDARDS, ADDING SECTION
3.08.00 ENVIRONMENTAL DATA REQUIREMENTS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.03.01 GENERALLY, SECTION 4.03.03 EXEMPTIONS, SECTION 4.03.04
LOT LINE ADJUSTMENTS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.07.02 DESIGN
REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.06 DOCK
FACILITIES, SECTION 5.04.01 TEMPORARY USE PERMITS, SECTION 5.04.05 TEMPORARY EVENTS, ADDING
SECTION 5.04.08 FILM PERMIT, SECTION 5.05.01 BUSINESSES SERVING ALCOHOLIC BEVERAGES,
SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL
DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,
SECTION 5.06.11 PERMIT APPLICATION AND REVIEW PROCESS; CHAPTER SIX - INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02
EASEMENTS, ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN, SECTION 6.02.01
GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.04.03
FIRE HYDRANTS, SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM REQUIREMENTS, SECTION
6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY
REQUIREMENTS; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.02.06
REQUIRED NOTICES FOR VESTED RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC HEARINGS,
SECTION 9.03.07 NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION, DELETING
SECTION 9.04.07 SPECIFIC REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE STATION DISTANCE
REQUIREMENTS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES,
INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE
DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05
SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS
FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY
ADEQUACY, SECTION 10.02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL
ZONING AND LDC, SECTION 10.02.09 SUBMITTAL REQUIREMENTS FOR TEXT AMENDMENTS TO THE
LDC, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15 MIXED
USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA,
SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING
COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD,
ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS,
SECTION 10.08.00 CONDITIONAL USES PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER EIGHT - DECISION -
MAKING AND ADMINISTRATIVE BODIES, BY ADDING SECTION 8.10.00 HEARING EXAMINER; SECTION
TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for public inspection
in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida,
between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier
County Government Center, East, Naples, one week prior to the scheduled hearing.
If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter con-
sidered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department,
at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the Board of County Commissioner's Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
Ann P. Jennejohn
From: CilekCaroline <CarolineCilek @colliergov.net>
Sent: Thursday, July 25, 2013 10:22 AM
To: Rodriguez, Wanda; Ann P. Jennejohn
Cc: Neet, Virginia; Ashton, Heidi
Subject: RE: Ad Proof - 231226768 (CCPC LDC change notice)
Yes, I just reviewed it too. Looks good.
Thanks!
Caroline Cilek, M.S.
Senior Planner
Collier County
Growth Management Division
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: 239 -252 -2485
From: RodriguezWanda
Sent: Thursday, July 25, 2013 10:13 AM
To: Ann P. Jennejohn
Cc: CilekCaroline; NeetVirginia; AshtonHeidi
Subject: RE: Ad Proof - 231226768 (CCPC LDC change notice)
Looks good here, OK to proceed.
Iilanda Rodriguez, .MCP
- dva7iced cert fled ParalegaC
Off ice of the County attorney
(239) 2$2 -8400
From: Ann P. Jennejohn [mailto: Ann .Jennejohn @collierclerk.co_m_]
Sent: Thursday, July 25, 2013 9:52 AM
To: CilekCaroline; RodriguezWanda; NeetVirginia; AshtonHeidi
Subject: FW: Ad Proof - 231226768 (CCPC LDC change notice)
Good Morning,
Please review the attached Planning Commission legal notice that is scheduled for
publication tomorrow and send me your "o.k." or "not o.k." as soon as possible.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publicatic
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as tL-
appeared Robin Calabrese, who on oatl
Advertising Director of the Naples Dail:
newspaper published at Naples, in Co
distributed in Collier and Lee counties
attached copy of the advertising, being
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper time
on July 26, 2013.
Affiant further says that the said N
published at Naples, in said Collier (
newspaper has heretofore been conti.
County, Florida; distributed in Colli(
each day and has been entered as sec
office in Naples, in said Collier Coui
year next preceding the first publica
advertisement; and affiant further sa,
promised any person, firm or corpor,
commission or refund for the purpos
publicatiorp in tbnaid newspaper.
of affiant)
August 15, 2013
COLLIER COUNTY PLANNING COMMISSION
NOTICE OF LAND DEVELOPMENT CODE
CHANGE - ADMINISTRATIVE CODE
Notice is hereby given that on August 15, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F"
Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, 34112, the Collier County Planning Commission
will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M.
The titles of the proposed ordinances are as follows:
AN ORDINANCE OFTHE BOARD OF COUNTY COMNISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY PROVIDING FOR: CHAPIER 1 - GENERAL PROVISIONS, INCLUDING SECTION
1.06.01 RESPONSIBILITY FOR INTERPRETATIONS, SECTION 1.07.00 LAWS ADOPTED BY REFERENCE;
CHAPTER TWO - ZONING DISTRICTS AND LSES, INCLUDING SECTION 2.03.01 AGRICULTURAL
ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS; CHAPTER THREE -
RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION
3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION,
SECTION 3.05.03 PROCEDURES, SECTION 3.6.07 PRESERVATION STANDARDS, ADDING SECTION
3.08.00 ENVIRONMENTAL DATA REQUIREMENT;; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.03.01 GENERALLY, SECTION 4.03.03 EXEMPTIONS, SECTION 4.03.04
LOT LINE ADJUSTMENTS, SECTION 4.05.04 PAWING SPACE REQUIREMENTS, SECTION 4.07.02 DESIGN
REQUIREMENTS; CHAPTER FIVE - SUPPLEME14TAL STANDARDS, INCLUDING SECTION 5.03.06 DOCK
FACILITIES, SECTION 5.04.01 TEMPORARY USE PERMITS, SECTION 5.04.05 TEMPORARY EVENTS, ADDING
SECTION 5.04.08 FILM PERMIT, SECTION 5.05.01 BUSINESSES SERVING ALCOHOLIC BEVERAGES,
SECTION 5.05.05 AUTOMOBILE SERVICE ST4TIONS, SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL
DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,
SECTION 5.06.11 PERMIT APPLICATION ANC REVIEW PROCESS; CHAPTER SIX - INFRASTRUCTURE
IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.02
EASEMENTS, ADDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN, SECTION 6.02.01
GENERALLY, SECTION 6.02.03 TRANSPORTATION LEVEL OF SERVICE REQUIREMENTS, SECTION 6.04.03
FIRE HYDRANTS, SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM REQUIREMENTS, SECTION
6.06.01 STREET SYSTEM REQUIREMENTS, SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY
REQUIREMENTS; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.02.06
REQUIRED NOTICES FOR VESTED RIGHTS DETERMINATION PROCESS, INCLUDING PUBLIC HEARINGS,
SECTION 9.03.07 NONCONFORMITIES CREATED OR INCREASED BY PUBLIC ACQUISITION, DELETING
SECTION 9.04.07 SPECIFIC REQUIREMENTS FOR WAIVER OF AUTOMOBILE SERVICE STATION DISTANCE
REQUIREMENTS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION- MAKING PROCEDURES,
INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.02 SUBMITTAL
REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE
DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05
SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS
FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY
ADEQUACY, SECTION 10.02.08 SUBMITTAL REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL
ZONING AND LDC, SECTION 10.02.09 SUBMITTAL REQUIREMENTS FOR TEXT AMENDMENTS TO THE
LDC, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.02.15 MIXED
USE PROJECT PROCEDURES WITHIN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA,
SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING
COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD,
ADDING SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS,
SECTION 10.08.00 CONDITIONAL USES PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS
TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER EIGHT - DECISION -
MAKING AND ADMINISTRATIVE BODIES, BY ADDING SECTION 8.10.00 HEARING EXAMINER; SECTION
TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed ordinances are available for public inspection
in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida,
between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.
Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier
County Government Center, East, Naples, one week prior to the scheduled hearing.
If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter con-
sidered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based..
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department,
at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the Board of County Commissioner's Office.
SWAM to and subse 'bed before me Collier County Planning Commission
T 2nd da of A s 013. Collier County, Florida
Y Mark Strain, Chairman
223112267 8 , — July 26 2013
t
(Signature of notary public)
tpnr F ac fs` ,c�a `CAROL f QLiL 0
h9y CoP 11dISSION # EE 851758
r a`° EXPIRES: November.:81 2014
Bonded Thru Plc
hs�rd Insurance Agency
LDC Amendment Request
ORIGIN: Board Directed
AUTHOR:Growth Management Staff
DEPARTMENT:Growth Management
AMENDMENT CYCLE:2012 Cycle 1
Contents
Contents 3
Chapter 1.General Provisions 9
1.06.01• 9
1.06.01 Responsibility for Interpretations 9
1.07.00 Laws Adopted By Reference 11
Chapter 2.Zoning Districts and Uses 13
2.03.01 Agricultural Districts 13
2.03.06 Planned Unit Development Districts 14
Chapter 3.Resource Protection 15
3.02.10 Standards for Subdivision Plats 15
3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 15
3.05.03 Procedures for a Vegetation Removal Permit 16
3.05.07 Preservation Standards 17
3.08.00 Environmental Data Requirements 17
Chapter 4.Site Design and Development Standards 23
4.03.01 Generally 23
4.03.03 Subdivision Exemptions 24
4.03.04 Lot Line Adjustments and Lot Split 28
4.05.04 Parking Space Requirements 30
4.07.02 Design Requirements 30
Chapter 5.Supplemental Standards 31
5.03.06 Dock Facilities 31
5.04.01 Temporary Use Permits 31
5.04.05 Temporary Events 33
5.04.08{Rc owed}Film Permit 33
5.05.01 Businesses Serving Alcoholic Beverages 34
5.05.05 Automobile Service Stations 35
5.05.08 Architectural and Site Design Standards 38
5.06.02 Development Standards for Signs within Residential Districts 39
5.06.04 Development Standards for Signs in Nonresidential Districts 40
5.06.11 Permit Application and Review Process for Signs 41
Chapter 6. Infrastructure Improvements and Adequate Public Facilities Requirements45
6.01.02 Easements 45
6.01.05 Soil Erosion and Sediment Control Plan 46
6.02.01 Generally 47
6.02.03 Transportation Level of Service Requirements 48
6.04.03 Fire Hydrants 49
6.05.01 Water Management Requirements 50
6.06.01 Street System Requirements 53
6.06.02 Sidewalks,Bike Lane and Pathway Requirements 54
Chapter 9.Variations from Code Requirements 57
9.02.06-Required Notices for Vested Rights Determination Process,Including Public Hearings 57
9.03.07 Nonconformities Created or Increased by Public Acquisition 58
9.09.07 Specific Requirements for Waiver of Automobile Service Station Distance Requirements 61
Chapter 10.Application,Review,and Decision-Making Procedures 63
10.01.02 Development Orders Required 63
10.02.02 Infrastructure Standards and County Inspections - - • •--•
65
10.02.03 Submittal Requirements for Site Development,Site Improvement Plans and Amendments
thereof 80
10.02.04 dal Requirements for Preliminary and Final Subdivision Plats 99
10.02.05 Construction,approval,and acceptance of required improvements Submittal Requirements
for Improvement Plans 125
10.02.06 Submittal Requirements for Permits 151
10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy 168
10.02.08 Submittal Requirements for Amendments to the Official Zoning Atlas and LDC 186
10.02.09 Submittal Requirements for Text Amendments to the LDC 192
10.02.13 Planned Unit Development(PUD)Procedures 193
4
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is(isr�
Administrative Code and corresponding LDC Amendments
Public Comments
Many helpful comments were provided by the public and various community members throughout
the process. Many of these comments were included in the Administrative Code and the LDC
amendment.Those that were incorporated into the current draft are not identified below.
Notes by staff are in italics.
Dom Amico,July, 10,2013
ABB
LDC Section 10.02.04 Requirements for Preliminary and Final Subdivision Plats
1. 10.02.04 A.4.—'If PSP is optional why does changing it require a process?'
a. If a PSP is submitted it must be the same as the final subdivision plat. This also allows for
any additional conditions to be granted without resubmitting a new PSP
2. 10.02.04 B.2.d. -The final subdivision plat shall conform... Suggests that this say: "be in general
conformance with..."
a. Added to the list of future LDC amendments.
3. 10.02.04 B.3.c. -...final subdivision plat review will be considered... Suggests that'will' be
changed to 'may'
a. "Will"provides more teeth.
4. 10.02.04 B.3.d.—Regarding digital submission, 'Why is CAD needed now? I am a bit nervous
about submitting CAD for plan at this stage-cant we wait till the_built stage to submit CAD?'
a. This is a standard policy for many years. CAD files are used to create the zoning maps
and are used for Addressing Dept.for addresses.
5. 10.02.04 F.1.—Regarding Recordation of the Final Subdivision Plat, 'Can this be written to allow
Building Permits but no C.O. until recording?'
a. Discuss with Staff. Concern is focused on plats for shopping centers.
LDC Section 10.02.05 Construction, approval,and acceptance of required improvements
1. 10.02.05 B.2.a.—Regarding the requirement that the applicant's professional engineer of record
shall document that the required improvements have been installed in compliance with the
approved construction plans, 'Substantial'
a. Added to the list of future LDC amendments.
2. 10.02.05 B.2.b.—Regarding Applicant's inspection report, 'Overboard'
a. Current procedure.
3. 10.02.05 B.2.e.—Regarding Construction Plans and record drawings, 'Out of date standard,we
do not use mylar anymore. PDF to be more useful.'
b. Section also states that a PDF can be submitted.Added to the list of future LDC
amendments to remove the mylar section.
4. 10.02.05 D.—Regarding the 150%of the estimated costs, 'why more?- 110%'
a. Current amount identified in the LDC.
5. 10.02.05 D. - Regarding the limit of 2 additional 1-year extensions, 'why limit to 2? Collier's
reserve went until all units were built at the request of the '
a. We have 6-7 conditional final acceptances approved and some are for longer than
anticipated or intended.
6. 10.02.05 E.3.—Regarding failure to complete unrecorded subdivision, 'How do we assure
safety?'
1
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Administrative Code and corresponding LDC Amendments
Public Comments
a. Need to look into what other communities provide for in this type of situation.
* * * * * * * * * * * * *
Nichole Johnson,August 5,2013
Conservancy of Southwest Florida
Director of Governmental Relations
LDC Amendment:
Section 8.10.00
B. allows the HEX to establish their own rules and procedures,which could result in rules being
drastically changes when a new HEX comes on board.Also, if the County would end of having more than
one HEX,would each get to design their own rules and procedures,so that depending on which HEX you
went before,the rules/procedures could differ? How much latitude does this allow? For example, how
would this impact public participation?Could a HEX come in and treat this as a very limited "hearing"
process similar to Lee County?Everyone had said that was not what we wanted in Collier County, but
there are no assurances built in with no rules and procedures created for a baseline.
For example—the ability of ex parte communication with any party is allowed under the rules and
procedures section,which means another HEX could come along and modify that in the future.Some of
the underlying principles need to be defined and not up for consideration by each HEX as to his or her
preference.
Lines 17 and 18 provide the HEX with the sole authority to determine if a CU is minor,or major, as
defined as "a case of great public interest or concern". Is it appropriate for a non-elected official to be
making the determination of public interest issues?Shouldn't the BCC also have the ability,as the
elected body and the people answerable to their constitutes,to determine if a CU is not a minor CU?
Administrative Code:
In the proposed Admin Code under"Public Hearing—Matters to be considered by the HEX",we would
suggest adding another bullet along the lines of, "12. Relevant technical and factual information as
provided by members of the public."
Also, under the Record of the Hearing,the record should also consist of all written communications
provided by the public.
* * * * * * * * * * * * *
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DSAC-LDR Subcommittee—Administrative Code Review
Recommendations for
Administrative Code and corresponding LDC Amendments
Wednesday,July 31, 2013
Meeting 1-1/24/13
1. Consider proposing to remove the BCC Mailed Notice for a Comprehensive Plan Amendment.
Meeting 2-2/28/2013
1. Include the vote requirements of the Board in instances where the Board is the decision making
body in the next LDC amendment cycle.
a. County Attorney Office recommendation-This may not be appropriate as the vote
requirements are subject to change and are identified in the F.S.
Meeting 3-7/08/2013
1. Add Archeological Plan process to the Administrative Code.
Meeting 4-7/23/2013
1. Look into whether a 48 hour Memo, as done in Lee County(AC-2-6,Section 2.2 D),should be
incorporated into the Collier County Office of the Hearing Examiner Process. Important
because ex parte is allowed.
Meeting 5 7/23/21013
Chapter 9 of the Administrative Code—Hearing Examiner Procedure recommendations:
1. Identify the length of time in which a continuance of a meeting can be held. (pg. 222)
Current Language:
Public Hearing— Continuance(s)of the public hearing shall be permitted for good cause as
Continuance(s) determined by the Hearing Examiner. If the continuance of the public hearing is to
a specific date and time,then re-advertisement of the hearing shall not be
required.
Recommendation:
There is a 6-month timeframe within which an applicant or petitioner must respond to staff comments
during the application process. Failure to timely respond results in the application being vacated.That 6-
month rule may exist in Lee or Collier County,or both. It seems to that a 6-month hearing continuance
should be the max, unless good cause can be shown for a longer continuance.
2. Issue of cross examination.
1
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Current Language:
Public Hearing— 1. Hearings will be conducted in an informal but courteous and professional
Order of manner.To the extent possible and at the Hearing Examiner's discretion,the
Proceedings order of proceedings will be as follows:
• Hearing Examiner's explanation of rights and responsibilities of all
interested persons as well as an explanation of future proceedings
that may occur in relation to the matter to be heard.
• The announcement of the matter to be heard and if applicable,
Hearing Examiner discloses all ex parte communications.
• Presentation of request or appeal by applicant,appellant,or
representative.
• Presentation of County's position.
• Public participation and comment.
• Rebuttal and closing statement by applicant,appellant or
representative. Rebuttal testimony may not be used to provide new
information.
2.Questioning shall be confined as closely as possible to the scope of direct
testimony.The Hearing Examiner may call and question witnesses as he or she
deems necessary and appropriate.The Hearing Examiner shall decide all questions
of procedure and will raise questions and provide comments at anytime during the
hearing.
Recommendation to replace#2:
The Hearing Examiner may call and question witnesses as he or she deems necessary and appropriate.
Otherwise,only parties are permitted to question witnesses and public participants. For purposes of
cross-examination, questioning shall be confined as closely as possible to the scope of direct testimony.
The Hearing Examiner shall decide all questions of procedure and may raise questions or provide
comments at any time during the hearing."
Site Plan with Deviation Recommendations
• 10.02.03 F.1.-Purpose.Add numerical to the deviations. "A site plan with deviations shall
provide a means for a redevelopment project to seek dimensional and numerical deviations..."
This has been somewhat addressed by the following addition to the Purpose section: "project to
seek... deviations from site features,such as but not limited to, landscaping,parking and
buffers... "-Staff
• 10.02.03 F.4.a- Identify that public health,safely,welfare,shall not be impacted.To be added at
the end. This will be addressed in the Exec.Summary-Staff
• 10.02.03 F.8.a.-Standards for approval.Add language to identify principal and accessory uses.
"Land uses and densities within the development shall be consistent with the permitted
principal and accessory uses and approved conditional uses in the zoning district."
• 10.02.03 F.8.-Standards for approval. "The petition shall be reviewed for consistency with the
following standards, as applicable."
2
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• 10.02.03 F.8.i changed to "Where a deviation is requested, reasonable enhancements shall be
provided if appropriate and possible to offset the deviation." This section was amended to relay
that enhancements have been provided, but are not necessarily specific to a deviation request. -
Staff
• 10.02.03 F.10-Amendments. Reword line 36: "do not further reduce the dimensional and
numerical standards by more than 10%" This provision was removed from the section.-Staff
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3
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W
Text underlined is new text to be added.
TeA ,.h .. h„ a..i„t..a F..,.., I nr
Bold text indicates a defined term
3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation
F. The following exceptions shall apply when there are no bald eagle nestsi
1 EXGGpt fnr In+S an .,d,,yeleped :Gast-.l baFFieF Isla ds a A vegetation removal
permit for clearing 1 acre or less of land is shall not be required for the removal of
protected vegetation, other than a specimen tree, on lots subdivided for only
single- family use on a parcel of land zoned residential, -RSF, VR, A or E, or
other nonagricultural, non - sending lands, non -NRPA, noncommercial zoning
districts pursuant to LDC section 3.05.02 F. 1.a-c. iR `"'hirh Rgle famRy lets have
been subdivided fGF iRgle family my, wheFe the fe!'E) i n E)Rdit'n S have use
beeR met: This exemption shall not apply to lots on undeveloped 6astal barrier
islands or to the Rural Fringe Mixed Use District when a higher native
vegetation protection requirement may not allow for 1 full acre of clearing
4a. A building permit has been issued for the permitted principal structure
(the building permit serves as the clearing permit); or
2b. The permitted principal structure has been constructed, and the
property owner or authorized agent is conducting the removal, and the
total area that will be cleared on site does not exceed one acre - : an
3c. All needed environmental permits or management plans have been
obtained from the appropriate local, state and federal agencies. �heso
permits may include but are not limited to permits for wetlands impacts or
for listed species protection.
R. where greater vegetatieR preteGtieFl +sfeqwiFed iR the RYFal FORge Mi
Use DistriGt -, higher Rata„ vegetation .,F„ +. GtiGn on+ m RE)
allnui fnr the f) ll epe . GFe of GleaFinn
Rd for thA h�;AIA
AfOlants
G. A vegetation removal permit is not required for the following situations:
1. Removal of protected vegetation other than a specimen tree, when a site plan
and vegetation protection plans have been reviewed and approved by the County
Manager or designee as part of the final Localjdevelopment order.
16
[:1Admin Code 2012 \Current Work\Admin Code LDC Amendment 081513.docx
Comment [C12]: Relocated from LDC section
10.02.06 Vegetation Permit Requirements due
to conflict with two sections that were similar but
not identical.
Comment [C13] Corrected spelling error
073013 — — - -- - - --
LComment [C14]: New
Comment [C15]: Fixed typo — existing
sentence was omitted 073013
Comment [C16]: Moved above to F.1
Comment [C18]: Relocated from 10.02.06
Vegetation Removal Requirements to 3.05.02
F.2, - F.6
Comment [C19]: New language
fComment [C20]: New language "surveying
{Comment [C21]: New language
17
1:\Admin Code 2012 \Current Work\Admin Code LDC Amendment 081513.docx
Text underlined is new text to be added
Text OF kpthrawgh is G61FFent ie)(t t9 [)a deleted fFaFR 6[)G
Bold text indicates a defined term
1
2. Removal of protected vegetation from the property of a Florida licensed tree
2
farm /nursery, where such vegetation is intended for sale in the ordinary course of
3
the licensee's business and was planted for the described purpose.
4
3. Removal of protected vegetation, other than a specimen tree, by a Florida
5
licensed ,professional land surveyor and mapper jin the performance of his /her
— -- -- — --
Comment [C22]: Updated title 080613
6
surveving jduties, provided such removal is for individual trees within a swath that
comment [C2s]: New language
7
is less than three (3) feet in width.
-- —�
8
4. Removal of protected vegetation prior to building permit issuance if the
9
conditions set forth in section 4.06.04 A.
10
5. Hand removal of prohibited exotic vegetation. Mechanical clearing of
11
prohibited exotic vegetation shall require a vegetation removal permit.
12
Mechanical clearing is defined as clearing that would impact or disturb the soil or
13
sub -soil layers or disturb the root systems of plants below the ground.
14
6. After a right -of -way for an electrical transmission line or public utility distribution
15
line has been established and constructed, a local government may not require
16
any clearing permits for vegetation removal, maintenance, tree pruning or
17
trimming within the established and constructed right -of -way. Trimming and
18
pruning shall be in accordance with subsection 4.06.05 j K.1 of the LDCGede. All
comment [C24]: a.os.o5 t refers to slopes.
19
needed environmental permits must be obtained from the appropriate agencies
4 06.05 K refers to trimming.
20
and management plans must comply with agency regulations and guidelines.
21
These may include but are not limited to permits for wetland impacts and
22
management plans for listed species protection.
23
7. After a publicly owned road right -of -way has been legally secured, a local
24
government may not require any clearing permits for vegetation removal,
25
maintenance, tree pruning or trimming within the established road right -of -way.
26
Trimming and pruning shall be in accordance with subsection 4.06.05 4K. 1_ of the
_ - Comment [C25]: see above
27
,
LDCGede. All needed environmental permits or management plans have been
28
obtained from the appropriate local, state and federal agencies. These permits
29
may include but are not limited to permits for wetland impacts or for listed
30
species protection.
31
# # # # # # # # # # # # #
32
33
05.03 Procedures) fora Vegetation Removal Permit
_ - comment [C26]: Language relocated from
34
10.02.06 C.
35
36
A. The Administrative Code shall establish the process and application submittal
37
requirements to obtain a vegetation removal permit
38
B. Issuance of permit An approved vegetation removal permit is valid for a period not to
39
exceed 180 days.
40
41
1. Approval. The County Manager or designee may approve approve with
conditions, deny the
comment [C27]: corrected typo,
or vegetation removal permit Any conditions applied to the
t "approved- 080613 J
42
permit shall relate to the methods of designating and protecting vegetation not
43
proposed for removal. A violation of these conditions shall constitute cause to
44
void the vegetation removal permit
45
2. Extension of permit An extension requested prior to expiration of the original
46
permit may be granted for good cause shown upon written application to the
47
Countv Mana er or designee.
48
3. permit fees All vegetation removal permit applications shall be charged a review _
- comment [C28]: Deleted the following:
49
_
fee as established by resolution of the Board of County Commissioners
"...applications requiring
50
# # # # # # # # # # # # #
shall be charged..:' -
17
1:\Admin Code 2012 \Current Work\Admin Code LDC Amendment 081513.docx
Text underlined is new text to be added.
and intent Faleeated te the Adrn n'stFafive Code or revised
Bold text indicates a defined term
1 4.03.01 Generally
2 IA The H —anion of the e d i nts; W .-,II .+..h.d:..:..inns. And .d..... loor,.i nts
in no
4
5
And arp Apt
6 respensibiloty for the teghpooAl
8 t
9 �Q i rl r .data eh tion . h ll be { w FF d R—long ynih as
1 O ..F n ...d .. .. «., .d.. .4k. - - - - - -
12
13
14
15
16
17 aF not a i�
18 GA. The purpose of this section is to establish procedures and standards for the
19 development and subdivision of real estate within the unincorporated areas of Collier
20 County, Florida. Furthermore, the purpose of this section is to carry out the goals,
21 policies and objectives of the Collier County GMP. These procedures and standards are
22 provided in an effort to, among other things:
23 A. 1. Ensure proper legal description, identification, documentation and recording of
24 real estate boundaries;
25 B 2. Aid in the coordination of land development in Collier County in accordance with
26 orderly physical patterns to encourage state of the art and innovative design;
27 C3. Discourage haphazard, premature, uneconomic or scattered land development,
28 E1. n. Ensure an economically stable and healthy community;
29 F=. 5. Ensure adequate public facilities and utilities;
30 F. 6. Maintain the community's quality of life by properly preserving and conserving
31 natural resource features;
32
33
34
35
36
37
38
39
40
41
42
43
44
45
7. Prevent periodic and seasonal flooding by providing protective flood control and
drainage facilities;
H. 8. Provide open spaces for recreation; ensure land development with installation of
adequate and necessary public facilities and physical improvements;
9. Ensure that the citizens and taxpayers of Collier County will not have to bear the
costs resulting from haphazard subdivision of land;
j 10. Provide the county with the authority to require installation by the developer of
adequate and necessary physical improvements so that the taxpayers and citizens of
Collier County will not have to bear the costs for the same;
K. 11. Ensure to the purchasers of subdivided land that necessary improvements of
lasting quality have been installed; comply with Chapter 177, F.S. as amended.
46 section are intended only as minimum guidelines for the design engineer and are not
47 intended to deprive the engineer of their responsibility for the technical adequacy of their
48 design or freedom to use their engineering judgment and discretion in the practice of
49 their profession.
50 C1.I Design data, such as calculations or analyses, shall be submitted alone with the
51 subdivision and development improvement plans covering important features affecting
25
I:\Admin Code 2012 \Current Work\Admin Code LDC Amendment 081513.docx
Comment [els42]: Relocated from Code of
Laws and Ordinances (COL) Ch 2, article 1,
division 2 (old Admin Code), design
requirements.
Comment [C43]: "Shall" replacing "may 1
throughout section
Comment [C44]: "their" replacing "his" l
Comment [els45]: Relocated from COL Ch 2,
article 1, division 2 (old Admin Code), design
requirements.
Comment [C46]: Switched the paragraph
order, keeping the existing LDC text at the
beginning of the section and located the Code
of Laws sections below. 080613
Comment [els47]: Relocated from Code of
Laws and Ordinances (COL) Ch 2, article 1,
division 2 (old Admin Code), design
Comment [C48]: No change from COL
reference to section 10.02.03
Comment [C49]: "Shall" replacing "may"
throughout section
Comment [C50]: "their" replacing "his"
Comment [els51]: Relocated from COL Ch 2,
article 1, division 2 (old Admin Code), design
requirements.
Text underlined is new text to be added.
a s.e... i
Bold text indicates a defined term
1 design or construction prior to the issuance of any reauired county development
2 orders, permits or approvals. Such calculations and analyses shall include, but not be
3 limited to: low and high water elevations, utility hydraulic and drainage calculations,
4 subsurface soil data, alternate pavement and sub -grade types and centerline elevations
5 when the minimum standards of Florida Department of Transportation or the American
6 Association of State Highway and Transportation Officials are inadequate, inappropriate
7 or not applicable.
8 # # # # # # # # # # # # #
26
I:\Admin Code 2012 \Current Work\Admin Code LDC Amendment 081513.docx
Text underlined is new text to be added.
,nated to the AdmOROM-Fafive Code OF revised
Bold text indicates a defined term
1
2 4.03.03 Subdivision Exemptions
3
4 . Before any property or development proposed to be exempted from
5 the terms of this section may be considered for exemption, a written request for exemption shall
6 be submitted to the County Manager or designee. After a determination of completeness, the
7 County Manager or designee shall approve, approve with conditions, or deny the request for
8 exemption based on the terms of the applicable exemptions. ;Procedures for application, review,
9 and decision regarding exemptions from these subdivision requirements are set forth in the
10 Administrative Code G4apter-44 To the extent approved, the following may be exempted from
11 these subdivision requirements.
12 A. Active agricultural uses. Agriculturally related development as identified in the permitted
13 and accessory uses allowed in the rural agricultural district A and located within any
14 area designated as agricultural on the future land use map of the Collier County GMP
15 and the Collier County official zoning atlas, except single - family dwellings and farm
16 labor housing subject to LDC section 5.05.03 and 2.03.00 shall be exempt from the
17 requirements and procedures for preliminary subdivision plats and' ,eaerRers
18 construction plans-, provided, however, nothing contained herein shall exempt such
19 active agricultural uses from the requirements and procedures for final subdivision
20 plats, and where required subdivision improvements are contemplated, the posting of
21 subdivision performance security.
23 8. _ ki
s
24 G=== Resewad
25 B€. Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the
26 requirements and procedures for preliminary subdivision plats and improvement plans-,
27 provided, however, nothing contained herein shall exempt such division of land into
28 cemetery lots or parcels from the requirements and procedures for final subdivision
29 plats and, where required subdivision improvements are contemplated, the posting of
30 subdivision performance security-, and provided, further, that such division of land into
31 cemetery lots or parcels shall be subject to and comply with the requirements and
32 procedures for site development plans as set forth in the Administrative Code and
33 URdeF Chapter 10, and shall obtain site development plan approval for the entire
34 property proposed for such division of land into cemetery lots or parcels.
35 C. Eminent domain or operation of law. The division of land which could be created by any
36 court in this state pursuant to the law of eminent domain, or by operation of law, or by
37 order of any court, shall be exempt from this section-, if and only if the County Manager
38 or designee and the County Attorney are given timely written notice of any such pending
39 action and given the opportunity to signify that the county be joined as a party in interest
40 in such proceeding for the purpose of raising the issue of whether or not such action
41 would circumvent or otherwise avoid the purposes or provisions of this section, i.e., the
42 subdivision regulations, prior to the entry of any court order-, and, if and only if an
43 appropriate pleading is not filed on behalf of the County within 20 days after receipt of
44 such notice. However, if a pleading is filed on behalf of the county within 20 days after
45 receipt of such notice, such division of land created by the court shall not be exempt
46 from this section.
47 D6. Oil, gas, and mineral rights. The division of land which creates an interest or interests in
48 oil, gas, or minerals which are now or hereafter severed from the surface ownership of
49 real property shall be exempt from this section.
50 E#. Prior subdivision. All division of land occurring prior to the effective date of this LDC
51 and conforming to the purposes of this section, shall be exempt from this section-,
26
I:Wdmin Code 2012 \Current Work\Admin Code LDC Amendment 081513.docx
Comment [C48] Replaced disapprove with
"deny"
Comment [C49] Language added from
10 02.02 B. Language is from similar umbrella
paragraph
Comment [CSO] 10.02.02. B also identifies
2.03 00 which is the Ag zoning district
information 080613
comment (C51]: Removing B, C, and D and J
renumbering the remaining sections 080613
1
2
3
4
5
6
7
8
9
10
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12
13
14
15
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19
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Text underlined is new text to be added.
e r..a„ .
Bold text indicates a defined term
5.05.08 Architectural and Site Design Standards
C. Building Design Standards.
5. Project Standards.
a. An applicant must submit architectural drawings and a site development
plan or site improvement plan according to LDC Ssection 10.02.03 S#e
Development Plans of this and the Administrative Code to comply with
this LDC Ssection 5.05.08. Architectural drawings must be signed and
sealed by a licensed Architect who is responsible for preparing the
drawings, and who is registered in the state of Florida as set forth in F.S.
Chapter 481.
..t6lFal .dFa ��: n c ant be Red and c algid by the I' d
b. llrei+ite.,.......... ,,,y.,^�.... .,�g..�„�,„
cto o.d on the state of Clr.r'.dn set felth in GhapteF 481 of the CI '.da
Statuites.
6D. Building design treatments. Each building facade must have at least
four of the following building design treatments:
dc. Site design elements. All projects must have at a minimum of two of the
following:
40
l:\Admin Code 2012 \Current Work\Admin Code LDC Amendment 081513.docx
Comment [C78]: Relocated from 5-0-5 J08-
C5b
Comment [C79]: Moved to Admin Code
Comment [C80]: Relocated above In 5.05.08
C5a J
Com ment [C81]. Added existing language,
little c and d and updated subsection numbering
073013
1
2 B.
3
4
5
6
7
8
9
10
^ 11
12
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Text underlined is new text to be added.
Bold text indicates a defined term
ref sSite design requirements,
separation requirements set forth herein if it is demonstrated by the
applicant and determined by the BZA that the site proposed for
development of an automobile service station is separated from
another automobile service station by natural or man -made boundaries,
structures, or other features which offset or limit the necessity for such
minimum distance reauirements. The BZA's decision to waive part or all
of the distance requirements shall be based upon the following factors:
i. Whether the nature and type of natural or manmade boundary,
structure, or other feature lying between the proposed
establishment and an existing automobile service station is
determined by the BZA to lessen the impact of the proposed
service station. Such boundary, structure, or other feature may
include, but is not limited to, lakes, marshes, nondevelopable
wetlands, designated preserve areas, canals, and a minimum of
a 4 lane arterial or collector right -of -way.
ii. Whether the automobile service station is only engaged in the
servicing of automobiles during regular, daytime business hours,
or, if in addition to or in lieu of servicing, the station sells food,
gasoline, and other convenience items during daytime, nighttime,
or on a 24 hour basis.
iii. Whether the service station is located within a shopping center
primarily accessed by a driveway, or if it fronts on and is
accessed directly from a platted road right -of -way,
iv. Whether the granting of the distance waiver will have an adverse
impact on adjacent land uses, especially residential land uses.
b. The Administrative Code shall establish the submittal requirements for an
automobile service station waiver request. The request for an automobile
service station waiver shall be based on the submittal of the required
application, a site plan, and a written market study analysis which justifies
a need for the additional automobile service station in the desired
location.
41
I:\Ndmin Code 2012 \Current Work\Admin Code LDC Amendment 081513.docx
Comment [C80]: Revised title of section,
Added a title provision for the table and
relocated table up to B.1.
Relocated wavier section to B.2.
Renumbered remaining sections 073013
Comment [C81]: Existing table
Comment [C82]: Relocating Wavier section 1
from 9.04.07. Minimal changes. B.1- B.3 J
Site Standards_
Minimum lot area (sq. ft.)
30,000
Minimum lot width (ft.)
150
Minimum lot depth (ft.)
180
Separation from adjacent
500
automobile service stations
(ft.) (based on distance
between nearest points)
Minimum setbacks, all
50
structures:
40
Front yard
40
Side yard
Rear yard
separation requirements set forth herein if it is demonstrated by the
applicant and determined by the BZA that the site proposed for
development of an automobile service station is separated from
another automobile service station by natural or man -made boundaries,
structures, or other features which offset or limit the necessity for such
minimum distance reauirements. The BZA's decision to waive part or all
of the distance requirements shall be based upon the following factors:
i. Whether the nature and type of natural or manmade boundary,
structure, or other feature lying between the proposed
establishment and an existing automobile service station is
determined by the BZA to lessen the impact of the proposed
service station. Such boundary, structure, or other feature may
include, but is not limited to, lakes, marshes, nondevelopable
wetlands, designated preserve areas, canals, and a minimum of
a 4 lane arterial or collector right -of -way.
ii. Whether the automobile service station is only engaged in the
servicing of automobiles during regular, daytime business hours,
or, if in addition to or in lieu of servicing, the station sells food,
gasoline, and other convenience items during daytime, nighttime,
or on a 24 hour basis.
iii. Whether the service station is located within a shopping center
primarily accessed by a driveway, or if it fronts on and is
accessed directly from a platted road right -of -way,
iv. Whether the granting of the distance waiver will have an adverse
impact on adjacent land uses, especially residential land uses.
b. The Administrative Code shall establish the submittal requirements for an
automobile service station waiver request. The request for an automobile
service station waiver shall be based on the submittal of the required
application, a site plan, and a written market study analysis which justifies
a need for the additional automobile service station in the desired
location.
41
I:\Ndmin Code 2012 \Current Work\Admin Code LDC Amendment 081513.docx
Comment [C80]: Revised title of section,
Added a title provision for the table and
relocated table up to B.1.
Relocated wavier section to B.2.
Renumbered remaining sections 073013
Comment [C81]: Existing table
Comment [C82]: Relocating Wavier section 1
from 9.04.07. Minimal changes. B.1- B.3 J
1
2
3
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Text underlined is new text to be added.
° CQ.a.P ^ ....d
e e ... BoldVtext indicates a defined term
G. Additional conditions. The BZA shall have the right to add additional
conditions or requirements to its approval of a distance waiver request in
order to insure compatibility of the automobile service station with the
surrounding area and the goals and objectives of the GMP
E. Automobile service station sites shall be separated from adjacent residentially zoned
or residentially developed properties by an architecturally designed 6b46) foot high
masonry wall or fence utilizing materials similar in color, module, and texture to those
utilized for the building. Landscaping shall be planted on the residential side of the
fence or wall.
!1 The BZmay, by rese!61t'GR, gFaRt a waiver ef paFt of all of the m
autemeWle seFV'Ge station is Ye
station by Raataral a mar, made h ede + + etheF f + h' h
E)#S e+ er I'm'+ the + . f h MiRiMum d + + The BZ
felle,..lr g fen +erc.
eF other fentu e lyiRg hnh. eeR the d tabl' h + e d aR
ether feet r,el ede but is + limited + lakes, h
er iR lie, of the static ell feed, I' ed ethef
hGuF basis.
platted Fead right Gf way.
OR adja_re, ^,t l.aR _ uses, te,.. , l.l.y r ..i.d . ..t.ia. l land
...e...e.
8. PFOGeduFal r eRtS set f r+h GhapteF 1 n
RO. Exceptions:
# # # # # # # # # # # # #
Administrative Code/ LDC Amendment Overview
Admin Code
Ch. 4 A. Architectural Plans
Section and Title:
LDC Notice Section:
N/A
LDC Notes:
5.05.08:
• Reorganized 5.05.08 C. to accommodate Admin. Code
provisions.
• Added language to reference Admin. Code and submittal
requirements.
Revision:
6/6/13 CC
42
I:\4dmin Code 2012 \Current Work\Admin Code LDC Amendment 081513.docx
Comment [C83]: Conflict corrected. 5.05.05
E.1 contained similar language to existing I
section 9.04.07 - variances.
Moved existing language in 9.04.07 to B.1
because it is a waiver, not a variance. 9.04.07 is
more complete than 5.05.05 E.1
Text underlined is new text to be added.
Bold text indicates a defined term
Administrative Code/LDC Amendment Overview
Admin Code N/A
Section and Title:
LDC Notice Section: N/A
LDC Changes: 6.05.01
• Relocating language from Code of Laws Section 2,
Administrative Code to 6.05.01.
• Code of Laws Section 2,Administrative Code will be repealed
and replace with the 2013 Administrative Code.
• Due to dated language, updates and modifications to the
provisions were made as noted below.
Revision: 6/5/13 CC
1
2 6.05.01 Water Management Requirements
3
4 A complete stormwater management system shall be provided for all areas within the
5 subdivision or development, including lots,streets, and alleys.
6 A. The system design shall meet the applicable provisions of the current County codes and
7 ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida
8 Administrative Code, and any other affected state and federal agencies'rules and
9 regulations in effect at the time of preliminary subdivision plat submission.)Water
10 management areas will be required to be maintained in perpetuity according to the
11 approved plans.Water management areas not maintained will be corrected according to
12 approved plans within 30 days. -- Comment[C111]:From Code of Laws 16.a.ii
13 B. Where stormwater runoff from outside the subdivision or development historically ,Water management areas.No changes.
14 passes on, over, or through areas of the subdivision or development, such runoff shall r
15 be included in the stormwater system design. The system shall be designed for long life, [Comment[C112]:From COL Ian.Street
16 low cost maintenance by normal methods and provide for optimal on-site detention of l grades.No changes.
17 stormwater runoff and groundwater recharge in accordance with applicable County and Comment[C113]:From COL 16.b.Rainfall
18 SFWMD regulations. and runoff criteria.No changes.
19 Comment[C114]:From COL 16.b.ii Runoff
20 H. Street grades. Street grades must be determined in relation to the drainage facilities coefficients.No changes
21 for the subdivision and must not exceed four percent nor be less than 0.3 percent, Comment[C115]:From COL 16.b.i.Lakes.
22 unless otherwise approved by the County Manager or designee pursuant to section Changes:
.Lakes.Artificial lakes and retention basins
23 10.02.04 of the LDC. Street grades must be shown on the development plans by , proposed as part of a stormwater retention
24 direction and percent of fall on the road profiles. system for on-site water management must be
25 11. Rainfall and runoff criteria.The system must be de_signed for"design floods"resulting designed and,
other ordinances or
26 from rain storms and antecedent conditions for all system components in accordance regulations of Collier County,state or region-
•
27 with current Collier County and South Florida Water Management District criteria.
28 1. Runoff coefficients. Existing land usage will be considered for the selection of te-2.14a-sekkaty,,Au lakes will be set back from
29 proper runoff coefficients within the drainage basins involved,whether within the abutting roadways or intersections pursuant to
30 subdivision or development or not. the design standards established in sections 22-
106 through 22-119 of the Code of Laws and
31 12. Lakes.Artificial lakes and retention basins proposed as part of a stormwater Ordinances.
32 retention system for on-site water management must be designed land shall be comment[C116]:Added language to make
33 consistent with other ordinances or regulations of Collier County,the state or the the sentence complete.
34 region.All lakes will be set back from abutting roadways or intersections Artificial lakes and retention basins proposed as
35 pursuant to the design standards established in sections 22-106 through 22-119 part r a management retention system for shall
p water management must be designed and shall
36 of the Code of Laws and Ordinances. be consistent with other ordinances or
regulations of Collier County,the state or the
region.
080613
52
I:\Admin Code 2012\Current Work\Admin Code LDC Amendment 081513.docx
Text underlined is new text to be added.
Bold text indicates a defined term
1 Chapter 9. Variations from Code Requirements
2
Administrative Code/LDC Amendment Overview
Admin Code N/A
Section and Title:
LDC Notice Section: N/A
LDC Changes: 9.02.06:
• Updating the cross reference to 10.03.05 and creating a self
containing provision, similar to the other vested rights sections.
Revision: 6/6/13 CC
3
4 9.02.06-Required Notices for Vested Rights Determination Process, Including Public
5 Hearings
6 A. Within fifteen(15)days of the date of receipt by the county of a completed application for
7 a vested rights determination,the landowner must provide notice of the submission of
8 the application by:a3
9 X11. pProminently posting on the property for which the vested rights determination is {Comment[C142]:Renumbered section
10 sought a sign advising of the substance of the claim of vested rights.The sign - l 080613
11 shall be posted at least 15 days prior to the date of the public hearing by the Comment[C1431:This section previously
12 planning commission. The sign to be posted shall contain substantially the referenced an invalid/out of date public notice
cross reference.For constancy with the other
13 following format. vested rights sections,all of the notice
14 a. Public Hearing for Vested Rights Determination: procedures intended to be included by cross
15 To Permit: (sufficiently clear to describe the project) reference have been included
16 Date:
17 Time:
18 To be held in the Commissioners Meeting Room,Administration Building,
19 County Government Center,3299 Tamiami Trail East, Naples, Florida
20 2. The area of the signs shall be as follows:
21 a. For properties less than one acre in size,the sign shall measure at least
22 on and one half square feet in area.
23 b. For properties 1 acre or more in size, the sign shall measure at least 32
24 square feet in area.
25 3. In the case of signs located on properties less than one acre in size,the sign
26 shall be erected by the County Manager or designee in full view of the public on
27 each street side of the subject property.Where the property for which approval is
28 sought is landlocked or for some other reason the signs cannot be posted
29 directly on the subject property, then the sign or signs shall be erected along the
30 nearest street right-of-way,with an attached notation indicating generally the
31 distance and direction to the subject property.
32 4. In the case of signs located on properties one acre or more in size,the
33 applicant shall be responsible for erecting the required sign(s).A sign shall be
34 erected in full view of the public on each street upon which the subject property
35 has frontage.Where the subject property is landlocked, or for some other reason
36 the signs cannot be posted directly on the subject property,then the sign or
37 signs shall be erected along the nearest street right-of-way,with an attached
38 notation indicating generally the distance and direction to the subject property.
39 There shall be at least one sign on each external boundary which fronts upon a
40 street, however, in the case of external boundaries along a street with greater
41 frontages than 1,320 linear feet, signs shall be placed equidistant from one
42 another with a maximum spacing of 1,000 linear feet, except that in no case shall
59
I.\Admin Code 2012\Current Work\Admin Code LDC Amendment 081513.docx
Text underlined is new text to be added.
Bold text indicates a defined term
1
Administrative Code/LDC Amendment Overview
Admin Code Ch 5 C PSP, PPL, CNSTR, FP, Plat Recording,Vacation of Subdivision
Section and Title: Plats
LDC Notice N/A
Section:
LDC Changes: 10.02.04:
• 10.02.04 was completely rewritten.
• The requirements, review process, exceptions, approval process
were all integrated and the language was not clear.
• Provisions were reorganized within the section and it was organized
to follow the procedural order of work and approval.
• Provisions were added because they are common procedures,
including Minor Final Plats, Construction Plans, and various types of
changes to plats and plans.
Revision: 6/6/13 CC
2
3 10.02.04 Submittal Requirements for Preliminary and Final Subdivision Plats
4
5 This section shall be read in coniunction with subdivision design standards, in particular, LDC
6 Chapters 3,4, and 6.
7
8 A. Requirements for Preliminary Subdivision Plats(PSP).A preliminary subdivision plat
9 provides an overall scheme of development for a subdivision. It may be used when
10 only one phase of a multi-phased development is to be constructed.Except for an Comment[C258]:New language
11 integrated phased development, a preliminary subdivision plat is optional while a Comment[C259]:From prior 10 02.04 A.4.c
12 final subdivision plat is mandatory. Comment[C260]:Modified.From prior
13 1. Generally. 10.02.04 A.4.c Removed reference to PUD
applications.080613
14 a. Approved zoning. No preliminary subdivision plat shall be approved old language:
15 prior to final approval of the zoning or planned unit development for the however,the zoning or planned unit
16 proposed subdivision.However,the zoning application and the _ application and the preliminary
subdivision plat may be processed concurrently
17 preliminary subdivision plat may be processed concurrently by th at the written request of the applicant to the
18 County Manager or designee at the request of the applicant. county Manager or his designee.
19 b. No development shall be allowed prior to approval of the construction Comment[C261]:Modified.From prior
20 plans and final subdivision plat, except for the early work authorization 10.02.04 A.4.d
21 (EWA)permit and early construction authorization(ECA)permit pursuant Comment[C262]:10.02.04 A.5:A preliminary
22 to pursuant to LDC section 10.02.00. subdivision plat application shall be submitted
in accordance with this section for any
23 c.l Integrated phased developments.A preliminary subdivision plat integrated phased development, -ic the
24 application shall be submitted in accordance with this section for any
25 integrated phased development.
26 2. Application for preliminary subdivision plats. -
27 a. The Administrative Code shall establish the process and submittal Feseided,
28 requirements for a preliminary subdivision plat. comment[C263]:From prior A.2
29 p. A preliminary subdivision plat shall include the entire property to be �A preliminary subdivision plat shall include the
entire property to be subdivided.Added and
30 subdivided and recorded, recorded"
31 c. The preliminary subdivision plat_shall be prepared by the app licant's Comment[C264]: Relocated from A.2
32 professional engineer and professional surveyor and mapper. The preliminary subdivision plat shall be
33 d. The boundary survey for the preliminary subdivision plat shall be signed prepared by the applicant's engineer and
surveyor.Land planners,landscape architects,
34 and sealed by a professional surveyor and mapper registered in the State architects,and other technical and professional
35 of Florida. persons may assist in the preparation of the
preliminary subdivision plat.
101
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Administrative Code/LDC Amendment Overview
Admin Code Ch 5 C PSP, PPL, CNSTR, FP, Plat Recording,
Section and Title:
LDC Notice N/A
Section:
LDC Changes: 10.02.05:
• 10.02.05 was completely rewritten.
• The requirements, review process, exceptions, approval process
were all integrated and the language was not clear.
• Provisions were reorganized within the section and it was organized
to follow the procedural order of work and approval.
Revision: 6/6/13 CC
1
2 10.02.05 Construction,approval,and acceptance of required improvements Submittal
4
5 A. Construction of Required Subdivision Improvements.
6 1. Pre-Construction Meeting. Prior to the commencement of construction of the f Comment[C361]:From 10.02.05 B.4 j
7 required improvements, a Pre-Construction meeting shall be held.`fhe;applicant f Comment[C362]:Retained this provision.
8 shall request the Pre-Construction meeting and provide at least 48 hours for the 080613
9 Pre-Construction meeting to be scheduled by the Engineering Services
10 Department.The Pre-Construction meeting shall be attended by representatives
11 of the county, utility companies,the applicant's professional engineer of record,
12 the contractor, and the developer.At the Pre-Construction meeting, a schedule of
13 construction, and all approved County plans shall be provided by the applicant.
14 Copies of all state and federal permits shall be provided by the applicant to the
15 County Manager or designee prior to commencement of construction.
16 p. Should any construction commence on a project prior to the Pre- comment[c363]:From 10.02.0513.4_
17 Construction meeting, the County Manager or designee, in addition to
18 other available remedies, shall have the right to require partial or full
19 exposure of all completed work for observation, inspection, and
20 verification that it was installed in accordance with the approved
21 construction plans.
22 2. Commencement of construction. Following the Pre-Construction meeting the
23 applicant may begin construction of the required improvements.The applicant
24 shall notify the County Manager or designee in writing at least 48 hours in
25 advance of the date of commencement of construction.
26 ki. !Observation of construction by the applicant's engineer.The applicant shall (Comment[C364]:From 10.02.05 B.3
27 have the applicant's professional engineer or engineer's representative make
28 periodic site visits at intervals appropriate to the various stages of the required
29 construction to observe the contractor's compliance with the approved
30 construction plans and specifications.
31 j4. Oonstruction inspections by the County Engineer or designee.A list of standard {Comment[C365]:From 10.02.05 8.5 j
32 inspections which require the presence of the County Engineer or designee shall
33 be provided in the construction plans approval letter provided by the County
34 Manager or designee and discussed at the Pre-Construction meeting.The
35 following procedure shall apply:
36 IThe applicant shall be responsible for the notification to the County [comment[C366]:From 10.02.05 B.5-6
37 Engineer or designee prior to the required inspections, including prior to
38 any paving or concrete work associated with roads or sidewalks. At least
127
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1
2 2. PUD application.The applicant shall submit data supporting and describing the
3 petition for rezoning to PUD'• •- _ •• _ _ -_e _:_ —_ a- that includes a
4 development standards table, developer commitments and a list of deviations
5 from the LDC.(Dimensional(standards shall be based upon an established zoning -- Comment[C551]:Retaining language.
6 district that most closely resembles the development strategy, particularly the Relocated from.2.i below.080613
7 type, density and intensity, of each proposed land use. e-development
8 - -- - - - -- -.- •._- - - - '-
9
10 established by the County Manager or his designee.The submittals shall
11 12 _ _ - - __ -• - - -__ ••-- !' -e•_ .The PUD application shall
13 contain the following include the information identified in the Administrative Code
14 unless determined by the Planning and Zoning Ddirector to be unnecessary to
15 describe the development strategy_
16 Name of project; - - Comment[eIs552]:a.-u.relocated to the
17 b. List of exhibits which are proposed to be included in the ordinance of Admin Code
18 adoption;
19 c. Statement of compliance with all elements of the growth management
20 plan;
21 d. Ceneral location map drawn to scale, illustrating north point and
22 relationship of the site to such external facilities as highways, shopping
23 areas,cultural complexes and the like;
24 c. Property ownership and general description of site(including statement of
25 +ed-ownership);
26 f. Description or narrative of project development;
27 28 h. Proposed and permitted land uses within each tract or increment which•29 •- -a -a - a • - - •- - a ---- .e.;
30 i. A dimensional standards table for each type of land use proposed within
31 -- _■. ■ - - -
32 zoning district that most closely resembles the development strategy,
33 __ __ - •- _ , -- • --a • -• a -- • a ___ -_ _•_ _ - ` Comment[C553]:Relocated above to
34 : ::: -: _ 'a- : .•• .•:_ : : •_ . - 10.02.13 Application 080
10 3 A.3 080613
35 - - - - -
36 code will be permitted, except as otherwise allowed by that code. This•37 -- - - a -a - a '" a - - --a
38 j. The proposed timing for location of,and sequence of phasing or
39 -••-- - _ •-- - - •- _■
40 k. The proposed location of all roads and pedestrian systems, with typical
41 cross sections,which will be constructed to serve the PUD which shall be
42 -
43 1. Habitats and their boundaries identified on an aerial photograph of the
44
45
46 - - - - - - - - -- - -
47
48
49 obtained by ground truthing surveys shall have precedence over
50 -
51
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8/5/3
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and intent relocated to the Administrative Code or reviccd
Bold text indicates a defined term
Administrative Code/LDC Amendment Overview
Admin Code Section Throughout Admin Code and Chapter 8
and Title:
LDC Notice Section: N/A
LDC Changes: 10.03.06
• New section that identifies the specific requirements for
public notice for each land use petition type.
• Relocated 10.03.05 public notice details to new 10.03.06.
Revised: 6/6/13 CC
1
2 110.03.06-Public Notice and Required Hearings for Land Use Petitions jnew section] -- Comment[C578]:This section has been
3 This section shall establish the requirements for public hearings and public notices. This section completely rewritten and reorganized from the
4 shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative prior 10.03.05
5 Code,which further establishes the public notice procedures for land use petitions.
6
7 A. Ordinance or resolution that(1) is initiated by County which does not change the zoning
8 atlas or actual list of uses in a zoning category but does affect the use of land, including,
9 but not limited to, land development code regulations as defined in F.S. $163.3202,
10 regardless of the percentage of the land affected or(2) is initiated by a private entity
11 which may change the zoning atlas or actual list of uses in a zoning category and does
12 affect the use of land, including but not limited to land development code regulations as
13 defined in F.S. § 163.3202, regardless of the percentage of the land affected .This is
14 commonly referred to as a LDC amendment.
15 1. The following advertised public hearings are required:
16 a. One Planning Commission hearing.
17 b. One BCC hearing.
18 2. The following notice procedures are required:
19 a. Newspaper Advertisement prior to each advertised public hearing in
20 b� accordance with F.S.§125.66.
21 1'F Ordina_nce or resolution for a rezonincLa PUD amendment, o_r a conditional use For {Comment[C579]:Relocated project location l
l
22 minor conditional use notice requirements see 10.03.06 C, below and for County map requirement to the Admin.Code. 080613
23 initiated rezonings, see 10.03.06 K.:
24 1. The following advertised public hearings are required for:
25 a. One Planning Commission hearing.
26 b. One BCC hearing.
27 2. The following notice procedures are required:
28 a. A NIM. See LDC section 10.03.05 A.
29 b. Mailed Notice prior to the first advertised public hearing.
30 c. Newspaper Advertisement prior to each advertised public hearing.
31 d. Posting of a sign prior to the first advertised public hearing.
32 e. For a rezoning or a PUD amendment the County shall notify by mail each
33 owner within the area covered by the ordinance or resolution of the time,
34 lace, and location of the public hearing before the BCC. -(Comment[C580] From 10.03.05 B.14
p g
35 C. Ordinance or resolution for a minor conditional use.
36 1. The following advertised public hearings are required for:
37 a. One Hearing Examiner hearing. If not heard by the Hearing Examiner,
38 then pursuant to 10.03.06 B.
39 2. The following notice procedures are required:
40 a. A NIM. See LDC section 10.03.05 A.
41 b. Mailed Notice prior to the advertised public hearing.
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1 Vic. Newspaper Advertisement prior to the advertised public hearing. _ -- Comment[C581.]:Relocated project
2 e. Posting of a sign prior to the advertised public hearing. location map requirement to the Admin.
3 D. Ordinance or resolution for a PUD extension, conditional use extension,or conditional code.
4 use re-review:
5 1. The following advertised public hearings are required:
6 a. One BZA or Hearing Examiner hearing.
7 2. The following notice procedures are required:
8 a. Mailed Notice prior to the advertised public hearing.
9 b. Newspaper Advertisement prior to the advertised public hearing.
10 c. Posting of a sign prior to the advertised public hearing. Signage is not
11 required for a conditional use re-review.
12 E. Ordinance or resolution for comprehensive plan amendments:
13 1. The following advertised public hearings are required:
14 a. One or more Planning Commission hearings pursuant to F.S. Chapter
15 163.
16 b. One or more BCC hearings pursuant to F.S. Chapter 163.
17 2. The following notice procedures are required:
18 a. Small scale amendments:
19 i. A NIM,which shall be held after the first set of staff review
20 comments have been issued and prior to the Planning
21 Commission hearing.
22 ii. Mailed Notice prior to the advertised Planning Commission
23 hearing.
24 iii. Newspaper Advertisement prior to each advertised public hearing.
25 iv. Posting of a sign prior to the advertised Planning Commission
26 hearing.
27 v. Mailed Notice shall be sent to e ach realproperty owner within the --_-- Comment[C582]:Removed"if required," 1
28 area covered by the proposed plan amendment prior to the 080613
29 advertised BCC public hearing _ - - Comment[C583]:Note:This was previously
30 b. Regular scale amendments: a F.S.requirement,however it is no longer
required by
31 i. A NIM, which shall be held after the first set of staff review F.S.
32 comments have been issued and prior to the Planning
33 Commission adoption hearing for a site specific amendment.
34 ii. Mailed Notice prior to the advertised Planning Commission
35 hearing for a site specific amendment.
36 iii. Newspaper Advertisement prior to each advertised public hearing.
37 iv. Posting of a sign prior to the advertised Planning Commission
38 hearing for a site specific amendment.
39 k Mailed Notice shall be sent to each realproperty owner within the - Comment[C584]:Removed If required
40 area covered
by the proposed plan amendment prior to the 080613
41 advertised BCC public hearing.j Comment[C585]:Note:This was previously
42 F. Ordinance or resolution for a variance or a sign variance: a F.S.requirement,however it is no longer
43 1. The following advertised public hearings are required: required by F.S.
44 a. One Planning Commission or Hearing Examiner hearing.
45 b. If heard by the Planning Commission, one BZA hearing.
46 2. The following notice procedures are required:
47 a. Mailed Notice shall be sent to property owners within 150 feet of the area
48 covered by the ordinance or resolution prior to the first advertised public
49 hearing.
50 b. Newspaper Advertisement prior to each advertised public hearing.
51 c. Posting of a sign prior to the first advertised public hearing.
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and intent relocated to the Administrative Code or revised
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1 G. Ordinance or resolution for a parking exemption. pursuant to LDC section 4.05.02:
2 1. The following advertised public hearing is required:
3 a. One BZA or Hearing Examiner hearing.
4 2. The following notice procedures are required:
5 a. A NIM. See LDC section 10.03.05 A.
6 b. Mailed Notice shall be sent to property owners within 150 feet of the
7 subject site prior to the advertised public hearing.
8 c. Newspaper Advertisement prior to the advertised public hearing.
9 H. Ordinance or resolution for a PUD Insubstantial Change(PDI)or Boat Dock Facility
10 Extension:
11 1. The following advertised public hearings are required:
12 a. One Planning Commission or Hearing Examiner hearing.
13 2. The following notice procedures are required:
14 a. Mailed Notice prior to the advertised public hearing.
15 b. Newspaper Advertisement prior to the advertised public hearing.
16 c. Posting of a sign prior to the advertised public hearing.
17 I. Ordinance or resolution for the establishment, amendment to or abandonment of a
18 Development of Regional Impact(DRI):
19 1. The following advertised public hearings are required:
20 a. One Planning Commission hearing.
21 b. One BCC hearing.
22 2. The following notice procedures are required:
23 a. In accordance with F.S. 380.06 and the Florida Administrative Code.
24 J. Ordinance or resolution that is initiated by the BCC and will change the zoning map
25 designation of less than 10 contiguous acres of land.This is commonly referred to as a
26 LDC amendment:
27 1. The following advertised public hearings are required:
28 a. One Planning Commission hearing.
29 b. One BCC hearing.
30 2. The following notice procedures are required:
31 a. Mailed Notice prior to the first advertised public hearing.
32 b. Newspaper Advertisement prior to each advertised public hearing.the - - Comment[C586]:New language added
33 advertisement for the Planning Commission hearing shall include a because it is net identified in the Admin.Code
34 project location map. 080613
35 c. Posting of a sign prior to the first advertised public hearing.
36 d. The County shall notify by mail each owner within the area covered by the
37 ordinance or resolution of the time, place, and location of the public
38 hearings before the BCC.
39 K. Ordinance or resolution that is initiated by the BCC and will change the zoning map
40 designation of more than 10 contiguous acres of land or more or an ordinance or
41 resolution that will change the actual list of permitted, conditional, or prohibited uses of
42 land within a zoning category.This is commonly referred to as a LDC amendment:
43 1. The following advertised public hearings are required:
44 a. At least one Planning Commission hearing. The Planning Commission
45 may elect by a majority decision to hear such ordinance or resolution at
46 two public hearings. If there is only one Planning Commission hearing.
47 the hearing shall be held after 5:00 p.m. on a weekday. and if there are
48 two Planning Commission hearings,then at least one of the hearings
49 shall be held after 5:00 p.m. on a weekday.
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1 b. At least two BCC hearings.At least one hearing shall be held after 5:00
2 p.m. on a weekday, unless the BCC by a majority vote plus one vote
3 elects to conduct that hearing at another time of day.
4 2. The following notice procedures are required:
5 a. Newspaper Advertisement prior to Planning Commission hearing
6 including a project location map. -- - Comment[C587]:New language added
7 i _ The first Planning Commission hearing shall be held because it is not identified in the Admin.code
080613
8 approximately seven days after the day that the first
9 advertisement is published.The second hearing will be held
10 approximately two weeks after the first hearing and shall be
11 advertised approximately five days prior to the public hearing. The
12 day,time, and place of a second public hearing shall be
13 announced at the first public hearing.
14
15 b. Newspaper Advertisement prior to the BCC hearings in accordance with
16 F.S§ 125.66(4)'including la project location map. _- Comment[C588]:Removed reference to l
17 I. In lieu of the newspaper advertisement,the BCC may mail a -LDC section 10.02.05 C,because it was JI
redundant and refers to F.S.125.66 080613
18 written notice to property owners within the area covered by the - -- --
19 ordinance or resolution. The notice shall include the time, place
20 and location of both the public hearings before the BCC.
21 ii. The first BCC hearing shall be held at least seven days after the
22 first advertisement is published. The second hearing shall be held
23 at least ten days after the first hearing and shall be advertised at
24 least five days prior to the public hearing.
25 U Ordinance or resolution fora Stewardship Sending Area CSSAland SSA amendments; - - _--(Comment[C589]:New language �\
26 1. The following advertised public hearings are required:
27 a. One BCC hearing.
28 2. The following notice procedures are required:
29
Newspaper Advertisement prior to the advertised public hearing pursuant -- Comment[C590]:Removed reference to a
30 to LDC section 4.08.06 E.1. project location map because 4.08.06 E.1
describes what the ad must contain.
31 Ordinance or resolution for a-Stewardship Receiving Area(SRA)and SRA amendments: —
32 1. The following advertised public hearings are required, except for minor ---{Comment[C591]:New language
33 amendments per LDC section 4.08.07:
34 a. One EAC hearing, if required, pursuant to LDC section 4.08.07 F.
35 b. One Planning Commission hearing pursuant to LDC section 4.08.07.
36 c. One BCC hearing pursuant to LDC section 4.08.07.
37 2. The following notice procedures are required:
38 An optional NIM. See LDC section 10.03.05 A.I .-1 Comment[C592]:New language.GLOBAL
39 ewspaper Advertisement prior to each advert ised public hearing CHANGE
40 pursuant to LDC section 4.08.06 F. - Comment[C593]:Removed reference to a
41 N. Ordinance or resolution for a mixed use protect(MUP)located in the mixed use district project location map because 4.08.06 F
references 4.08.06 E.1,which identifies what
42 overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding the ad must contain.
43 administrative approval, pursuant to LDC section 10.02.15: --_
44 1. The following advertised public hearings are required:
45 a. One Planning Commission hearing.
46 b. One BCC hearing.
47 2. The following notice procedures are required.
48 a. A NIM. See LDC section 10.03.05 A.
49 b. Mailed Notice prior to the first advertised public hearing.
50 CL -- Newspaper Advertisement prior to each advertised public hearing. -I Comment[C594]:Relocated project location
51 e. Posting of a sign prior to the first advertised public hearing. ,map requirement to the Admin.Code.
235
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1 0. kAffir mat ion or approval of a Zoning_Verification Letter that allows anew use that is - {Comment[C595]:New language
2 comparable, compatible, and consistent within a PUD.
3 1. The following advertised public hearings are required:
4 a. One BCC or Hearing Examiner hearing.
5 2. The following notice procedures are required:
6 a. Newspaper Advertisement prior to the advertised public hearing in
7 accordance with F.S. §125.166l._ _ - Comment[C596]:Removed reference to
8 P. Official Interpretations, pursuant to LDC section 1.06.00. "LDC section 10.02.05 C,because it was
9 1. The following notice procedures are required for the interpretation of county wide redundant and refers to F.S.125.66 080613
10 application of the[Growth Management Plan, Land Development Code Viand the - {Comment[C597]:Spelled out 080613
11 building code:
12 a. Newspaper Advertisement.
13 2. The following notice procedures are required for the interpretation affecting a
14 specific parcel of land.
15 a. Notification of affected property owner.Where a site specific official
16 interpretation has been requested by party other than the property - (Comment[C598]:Removed"affected"Did '
17 owner, the County shall notify the property owner that an official not need language. 080613
18 interpretation has been requested.
19 b. For site specific official interpretations, Mailed Notice shall be sent to
20 property owners within 300 feet of the property lines of the land for which
21 the interpretation is requested.
22 c. Newspaper Advertisement.
23 OI. [Appeal of anjOfficial_Interpretatio t pursuant to LDC section 1.06.00. _ -- - Comment[C599]:New language,derived
24 1. The following advertised public hearings are required: ,. from Official Interpretation section
' ' 25 a. One BZA or Hearing Examiner hearing. ' Comment[C600]:Changed this to be
26 2. The following notice procedures are required: specifically for Official Interpretations.080613
Newspaper Advertisement prior to the advertised public hearing in Comment[C601]:Revised to address only '
28 accordance with F.S. § 125.66. Appeals of an Official Interpretation.Removed
29 RI, Site Plan with Deviations for Redevelopment, pursuant to the following provision:LDC section 10.02.03 F. b.- Mailed Notice shall be sent to property
30 1. The following advertised public hearings are required: owners within 300 feet of the property lines of
31 a. One Planning Commission or Hearing Examiner hearing. the land for which the appeal is requested prior
to the advertised public hearing.No Mailed
32 b. If heard by the Planning Commission, one BZA hearing. Notice is required for an Administrative Appeal.
33 2. The following notice procedures are required: 080613
34 a. Newspaper Advertisement prior to the advertised public hearing in `-Comment[C602]:New section added to LDC 1
35 accordance with F.S. § 125.66. and Admin Code 080613 J
36 b. Mailed Notice prior to the advertised public hearing.
37 0.1 Post Take Plan, pursuant to LDC section 9.03._07_D. Comment[C603]:Reorganized section.
38 1. The following notice procedures are required: 080_613
39 a. Mailed Notice.Additional Mailed Notice details are established in LDC
40 9.03.07 D.3.b.
41 2. The following advertised public hearings may be required:
42 a. If a written objection is received, one Planning Commission or Hearing
43 Examiner hearing.
44 jf.I- Minor Change to a PUD to remove affordable housing contributions,_pursuant to LDC _ Comment[C604]:Reorganized section. 1
45 section 10.02.13 E.3.c 080613
46 1. The following notice procedures are required:
47 a. Mailed Notice.
48 2. The following advertised public hearings may be required:
49 a. If a written objection is received. one BCC or Hearing Examiner hearing.
50 U. Automobile Service Station Waiver pursuant to 5.05.05 and Alcohol Beverage Distance
51 Waiver pursuant to 5.05.01.
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1 1. The following advertised public hearings are required:
2 a. One BZA or Hearing Examiner hearing.
3 2. The following notice procedures are required:
4 a. Newspaper Advertisement prior to the advertised public hearing.
5 # # # # # # # # # # # # #
6
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C
f/lS /3
Chapter 9. Office of the Hearing Examiner-Procedures
Reference LDC section 8.10.00,Code of Laws and Ordinances section 2-83 through 2-90,and
Ordinance No.2013-25.
Applicability The Hearing Examiner hears and makes final Idecisionslpursuant to the Code of - Comment[C15]:Relocated lust of Hearing
Laws and Ordinances section 2-83 through 2-90 and Ordinance No.2013-25. Examiner decisions below,to Assignment section.
081313
A minor conditional use is one which does not require environmental review
under Section 2-1191 et seq.of the Code of Laws and Ordinances and which is not
a case of great public interest or concern as determined in the discretion of the
Hearing Examiner.
If the Hearing Examiner recuses,disqualifies himself or herself,or does not
otherwise hear a particular case where the Hearing Examiner makes the final
decision,these cases shall be heard by the Planning Commission in an advisory
capacity and then forwarded to the Board of County Commissioners for the final
decision.
Assignment Once the application is submitted to the County and deemed complete pursuant
to Chapters 1 through 7 of the Administrative Code,as applicable,the following
petitions shall be assigned to the Hearing Examiner:
1. Administrative Type III Appeals.
2. Alcohol Distance Waiver.
3. Appeal of an Official Interpretation of the LDC.
4. Automobile Service Station Waiver.
5. Boat Dock Facility Extension.
6. Boat Lift Canopy Deviations.
7. Minor Conditional Uses,including Minor Conditional Use Re-Review,and
Minor Conditional Use Extensions.
8. Non-Conforming Use Change.
9. Parking Exemption with a Public Hearing.
10. Post Take Plan,if applicable.
11. PUD Extension.
12. PUD Insubstantial Change.
13. PUD Minor Change to Remove an Affordable Housing Contribution.
14. Sign Variance.
15. Site Plan with Deviations for Redevelopment Projects.
16. Variance.
17. Zoning Verification Letter—Comparable Use Determination.
Hearing Examiner Upon completion of the staff report by the assigned planner pursuant to Chapters
223 I Page
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 9 1Offce of the Hearing Examiner
Review 1 through 7 of the Administrative Code,as applicable,five opieskof the staff - Comment(C16]:"five copies"replacing"one
report and application materials shall be forwarded to the Hearing Examiner for all copy"080613
matters assigned to the Hearing Examiner.
Pre-Hearing The Hearing Examiner may have ex parte communications with any party or
Conference person.
Motions for Unless good cause is shown,all motions for disqualification of the Hearing
Disqualification Examiner shall be filed no later than ten(10)working days prior to the scheduled
public hearing before the Hearing Examiner.The motion shall be accompanied by
an affidavit stating particular grounds,which shall be limited to those for which a
judge may be disqualified.The affidavit must state facts sufficient to show that the
movant has a well-founded fear that the movant will not receive a fair and
impartial hearing.Unless denied as untimely,the motion shall be ruled on by the
Hearing Examiner before whom the case is pending.If the motion and affidavit are
found legally sufficient,the Hearing Examiner shall disqualify himself or herself,
after which the matter will be set for hearing as provided for in the Land
Development Code for such particular action.The Hearing Examiner may also
recuse or disqualify himself or herself at any time in accordance with Ord.2013-
25.
'Notice' Public notice is required for all Hearing Examiner hearings. - __-- Comment[C171:Removed specific notice
requirements as each petition has specific
q See the specific Administrative Code section for the public notice requirements requirements.081313
necessary for the petition.
' See Chapter 8 of the Administrative Code for additional notice information.
Public Hearing- The participants before the Hearing Examiner shall be the applicant,County staff,
Participants County agencies,proponents and opponents,inclusive of the public,and
witnesses with relevant testimony.The proponent shall be defined as a participant
in favor of the application,exclusive of the applicant;whereas,the opponent shall
be defined as a participant against the application.Both definitions are inclusive of
the public and any other parties of record.All participants will testify under oath.
Public Hearing- 1. Due Process.For hearings,basic due process requires that the parties have
Rules of Procedure notice of the hearing and an opportunity to be heard.Parties must be able to
present evidence and be informed of all the facts upon which the County acts.
The term"parties"to any proceeding are the Applicant and the County(or
their representatives)and does not include public participants or their
representatives.
2. Evidence.Irrelevant,immaterial,or unduly repetitious evidence shall be
excluded.Any part of the evidence may be received in written form,and all
testimony shall be under oath.Hearsay evidence may be used for the purpose
of supplementing or explaining other evidence but it shall not be sufficient,in
itself,to support a finding by the Hearing Examiner unless it would be
admissible over objections in a civil action.
3. Application of rules.The Hearing Examiner is responsible for ensuring these
rules are applied equally and consistently to all evidence and testimony
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Collier County Land Development Code (Administrative Procedures Manual
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presented by the parties and public participants.
4. Burden of Proof.The applicant has the burden of proof to show by competent
and substantial evidence that the proposed request conforms to the LDC and
the GMP.
5. Expert Witness.A witness may be qualified by the Hearing Examiner as an
expert through specialized knowledge,training,experience or education,
which is not limited to academic,scientific or technical knowledge.
Public Hearing— 1. Hearings will be conducted in an informal but courteous and professional
Order of manner.To the extent possible and at the Hearing Examiner's discretion,the
Proceedings order of proceedings will be as follows:
• Hearing Examiner's explanation of rights and responsibilities of all
interested persons as well as an explanation of future proceedings
that may occur in relation to the matter to be heard.
• The announcement of the matter to be heard and if applicable,
Hearing Examiner discloses all ex parte communications.
• Presentation of request or appeal by applicant,appellant,or
representative.
• Presentation of County's position.
• Public participation and comment.
• Rebuttal and closing statement by applicant,appellant or
representative. Rebuttal testimony may not be used to provide new
information.
2. Questioning shall be confined as closely as possible to the scope of direct
testimony.The Hearing Examiner may call and question witnesses as he or
she deems necessary and appropriate.The Hearing Examiner shall decide all
questions of procedure and will raise questions and provide comments at
anytime during the hearing.
Public Hearing— The Hearing Examiner shall not be limited to the evidence presented by Applicant
Matters to be or County at the hearing.He may consider any additional relevant evidence
considered by the including,but not limited to,any of the following:
Hearing Examiner
1. The history of the subject parcel.
2. Applicable regulations and development standards promulgated.
3. Applicable goals,objectives,and policies contained in the Comprehensive
Plan.
4. Reports and recommendations filed by reviewing agencies.
5. Physical characteristics of the subject parcel and surrounding lands.
6. Impact on the surrounding transportation network.
7. Availability and capacity of public services.
8. Nature of and impacts on surrounding land use.
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9. Environmental impact of the proposed development activity.
10.Application of criteria in LDC relating to the requested petition.
11.Site visit.
All such additional relevant evidence shall be made part of the record at the
hearing.
Public Hearing— 1. The decision of the Hearing Examiner shall be in writing and include:
Findings and
Decision of the • Summary of proposed development activity and the evidence
Hearing Examiner presented.
• Findings of fact and conclusions of law,including compliance or
noncompliance of the proposed development activity with applicable
provisions of the Growth Management Plan(GMP)and the Land
Development Code(LDC).
• A decision to grant,grant with conditions or deny the application
with reasons therefore specified,including any recommended
conditions.
2. Persons wishing to receive a copy of the decision by mail may supply County
staff with their name,address and a stamped,self-addressed envelope for
that purpose.
Public Hearing— 1. A verbatim transcript of all public hearings before the Hearing Examiner shall
Record of hearing be transcribed he Clerk of the Board and also transcribed b an official
Y�- Y - - Comment[C18]:"transcribed"to replac
before the Hearing court reporter. Any person may request and obtain a transcript of the record "recorded"081313
Examiner from the court reporter at their own expense.
2. The record of the hearing before the Hearing Examiner shall consist of:
• The application and accompanying documents.
• Staff reports and recommendations.
• All exhibits and documentary evidence.
• The decision of the Hearing Examiner.
• Verbatim transcript of the proceedings.
public hearing— Decisions shall be filed with the Clerk to the Board of County Commissioners. _ - -- Comment[C19]:New language per County
Decisions to be Attorney's Office 081313
Filed
Public Hearing— A copy of the decision of the Hearing Examiner is required to be filed with the
Decision of the Clerk of the Board within 30 working days after the conclusion of the public
Hearing Examiner hearing before the Hearing Examiner.The Hearing Examiner will deliver all
decisions by electronic mail or regular mail.
public hearing— Decisions of the Hearing Examiner shall be noted for information purposes on the Comment[C20]:New language per County l
Decisions to zoning map. Attorney's Office 081313
Notated on Zoning
Map
Public Hearing— 1. On motion by la upon and u n such terms as are just,the Hearing Examiner Comment[C21]:New language per County
-- ----I?------ -- ---- -- - ----- l;- -------- - - Attorney's Office 081313
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Reconsideration of may grant a rehearing on an application for the following reasons:
matter by the
Hearing Examiner • Mistake,inadvertence or excusable neglect;
• Newly discovered evidence which by due diligence could not have
been discovered in time for the original hearing;or
• Fraud,misrepresentation or other misconduct of an adverse party.
2. The motion for reconsideration lbyb party shall be madeprior to the deadline __-- Comment(C22]:New language per County
for filing an appeal. The filing of such a motion tolls the time for filing an Attorney's Office 081313
appeal.The time for filing an appeal shall begin anew in full upon the Hearing
Examiner's denial of such a motion.
Public Hearing— Continuance(s)of the public hearing shall be permitted for good cause as
Continuance(s) determined by the Hearing Examiner. If the continuance of the public hearing is to
a specific date and time,then re-advertisement of the hearing shall not be
required.
Public Hearing— 1. Within 30 days after the hearing officer's written determination has been
Appeal of the rendered,either the County or the landowner may appeal the determination
Decision by the to the Board of County Commissioners.Any additional fee for a landowner-
Hearing Examiner initiated appeal must accompany the appeal. At the public hearing,the Board _
of County Commissioners Iwillireview the record created by the Hearing __-- Comment[C23]:New language Per county
Examiner's proceedings,but the Board may by majority vote accept evidence Attorney's Office 081313
not presented to the Hearing Examiner.
I'""\ 2. The Board of County Commissioners may:
• Affirm the hearing officer's determination,with or without
modifications or conditions;or
• Reject the hearing officer's determination,except that the Board may
not modify the determination or impose conditions,or reject the
hearing officer's determination unless the Board expressly finds that
one or more of the hearing officer's findings of fact or conclusions of
law is not supported by competent substantial evidence in the
official record,or that the hearing officer's determination otherwise
specifically failed to properly apply one or more of the criterion in
the LDC or GMP.
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10.02.15 Requirements for Mixed Use Projects Procedures within the Bayshore Gateway Triangle
Redevelopment Area 209
10.03.05 Required Methods of Providing Public Notice • - •- • • •- - • - •-
213
10.03.06—Public Notice and Required Hearings for Land Use Petitions[new section] 230
10.08.00 Conditional Uses Procedures 236
Amend the LDC as follows:
CHANGE:It is proposed the Land Development Code(LDC)be amended to remove many of
the submittal requirements related to the use and development of land and move it to a new
Administrative Code.The information to be relocated to the Administrative Code is more
administrative in nature.The LDC amendment ordinance will also contain an"inadvertently
omitted"clause to ensure that if any provisions are accidently omitted during this process they
will remain in force.
The goal of the 2013 Administrative Code adoption is to create a"core"Administrative Code,
with future additions and amendments proposed as necessary.It is important to note that
procedures specific to the Rural Fringe Mixed Use District,the Stewardship Sending Areas and
Stewardship Receiving Areas,among others,are not included within the"core"Administrative
Code.There are other applications related to land use such as those contained in the Code of
Laws and Ordinances,which are also not addressed in the initial version of Administrative Code.
Changes to the Land Development Code
During the process of creating the Administrative Code,conflicts,inconsistencies,and other
issues arose.This led to the relocation and consolidation of provisions.Other changes are
recommended by County Staff to provide a more consistent approach to the numerous processes
within the County.The following list provides an overview of the LDC amendment types:
1. LDC amendments,proposed to improve consistency.Several LDC amendments were
included within the document to provide procedural consistency.For example,the
amendment establishes a"15 day prior"provision for all public notice requirements.This
means that newspaper advertisements,mailed notices,signage,and neighborhood
information meetings(and their corresponding mailed notices)shall be sent,advertised,
or posted 15 days prior to the required public hearing.This streamlines the process and
eliminates a wide variety of time frames currently in the LDC,such as"at least 7 days
prior to,but not later than 5 days before,"which is the current requirement for a legal
advertisement for a neighborhood information meeting.
2. The relocation of LDC sections.LDC sections were relocated to address several issues.
First,as submittal requirements were relocated to the Administrative Code,particularly
those in Chapter 10,many sections were left with little content or substance.These
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provisions were relocated to the primary LDC section,where the criteria are established,
for ease of use and consolidation of related provisions.Second,conflicts were identified
between some sections in which language was similar,but not identical.The most
restrictive provisions were retained and language was merged.Third,a few sections were
relocated because they were incorrectly placed,such as the rezoning provisions under
LDC section 10.03.05,the Notice Requirements section.Often,provisions were moved to
sections where they had previously resided.
3. General updates to terms.Updates to common terms and phrases were made throughout
the amendment,for example,the phrase"County Manager or his designee"was replaced
with"County Manager or designee"and the term"LDC"replaces the term"Code."The
later is to prevent confusion with the new Administrative Code and other adopted county
codes.
4. Rewritten LDC sections.Several LDC sections were rewritten due a lack of continuity
and because they were out of date.Often the review,approval,and order of work were no
longer current.Importantly,the revised sections retain the intent of the LDC and reflect
current procedures and requirements.The following sections were rewritten:
• 10.02.04 Requirements for Preliminary Final Subdivision Plats(revised title);
• 10.02.05 Construction,approval,and acceptance of required improvements(revised
title);
• 10.02.07 C Requirements for Certificates of Public Facility Adequacy;and
• 10.03.05 Required Methods of Providing Public Notice,which now includes 10.03.06
Public Notice and Required Hearings for Land Use Petitions(new section)
5. Proposed additions and other language changes.The following are proposed additions or
deletions from the LDC amendment.
• A new section for conditional use re-review,LDC section 10.08.00 G.This is an existing
process that is not codified.The proposed language will allow for an applicant to request
a re-review if stipulations were included in the approval of the conditional use.
• New sections for a Minor Final Plan and Construction Plans,both current applications
that are not codified.
• Including a"good faith clause"for public notice,LDC section 10.03.05 B.This identifies
that given a good faith effort,a mailed written notice is a courtesy and the failure to mail
or to timely mail the notice or failure of an affected property owner to receive the mailed
notice does not constitute a defect in the petition and the public hearing may proceed.
This provision is included in other jurisdictions,such as Lee County.
• Removed language requiring base flood elevations to be identified on final subdivision
plats,LDC sections 3.02.10 E.4 and 10.02.04 B.5.xiii.It is proposed these provisions are
deleted because identifying base flood elevations is not a state requirement and because
base flood elevations are subject to change.Including this information on final
subdivision plats creates confusion and possible conflicts.
• Included language that identifies time frames for the completion,for example:lot line
adjustments,site development plan amendments,and site improvement plans.These
additions provide clarity and removes potential conflicts.
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• A new section for Zoning Verification Letters,LDC section 10.02.06 J.This section
proposes to expand a current process for zoning verification to include Zoning
Verification Letters for Non-Residential Farm Building Exemptions and Comparable Use
Determination for Planned Unit Developments.
• Included the Office of the Hearing Examiner provisions.
Public Vetting
The proposed LDC amendment was vetted by the Development Services Advisory Committee-
Land Development Review(DSAC-LDR)subcommittee.Four meetings were held to discuss
and review the Administrative Code and related LDC amendments.The DSAC-LDR meetings
began in January 2013 and extended into July 2013.The meetings were attended by members of
the development community,including members of the Collier Building Industry Association,
local land use planning consultants,and the Conservancy of Southwest Florida.
The DSAC-LDR is scheduled to provide recommendations to the full DSAC in late July.
Recommendations will be provided at the next Planning Commission meeting.
REASON:The LDC amendment provides for the creation of the Administrative Code.The
Administrative Code combines the procedures for developing property that are contained
throughout the LDC into a single document.It is designed to be user friendly and to assist
applicants,design professionals,and County Staff in understanding many of the complex
permitting processes in Collier County.The Administrative Code will describe the application
contents;staff review process,public notice procedures,and reviewing agencies for land use
petitions and the approval process for administrative applications.
FISCAL&OPERATIONAL IMPACTS:The proposed amendment will not result in any
fiscal impacts to the County.The amendment,coupled with the adoption of the Administrative
Code,will not have any anticipated operation impacts on the County,expect for updates as
required.
Fiscal and operational benefits are foreseeable for property owners,applicants,design
professionals,and County Staff as petitions will be easily identifiable and the Administrative
Code will assist parties understand the complex development process.Additionally,future
changes to land development procedures can be made in a simpler manner,without the need for
a text amendment to the LDC.
RELATED CODES OR REGULATIONS:Collier County Administrative Code.
GROWTH MANAGEMENT PLAN IMPACT:None.
OTHER NOTESNERSION DATE:Prepared by Caroline Cilek,Senior Planner,Growth
Management Division,Operations and Regulatory Management.Prepared July 17,2013.
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 6/ Waivers,Exemptions,and Reductions
Site Plan with Deviations for Redevelopment Projects
Reference LDC section 10.02.03 F and LDC Public Notice subsection 10.03.06 R.
Applicability A site plan with deviations for redevelopment shall provide a means for a redevelopment
project to seek dimensional deviations,excluding height,architectural deviations,and
deviations from site features,such as but not limited to,landscaping,parking,and buffers,
from the standards established in the LDC when the passing of time has rendered certain
existing buildings,structures or site features nonconforming.
A site plan with deviations may be requested for the redevelopment of a site which meets the
criteria for a site development plan,site development plan amendment or a site improvement
plan as established in LDC section 10.02.03.Except for the requested deviations,the site plan
shall comply with LDC section 10.02.03.
In accordance with LDC section 10.02.03 F,"Redevelopment"shall mean the renovation,
restoration,or remodeling of a building or structure,or required infrastructure,in whole or in
part,where the existing buildings,structures or infrastructure were legally built and installed.
Initiation The applicant files a"Site Plan with Deviations for Redevelopment Application"with the
Planning&Zoning Department.
Pre-Application A pre-application meeting is required.
Application A site plan with deviations application must include the following,in addition to the
Contents Application Contents and Requirements for a site development plan,site development plan
amendment or a site improvement plan.a See Chapter 41.2—1.4 of the Administrative Code.
Submittal Credentials:Pursuant to LDC section 10.02.03,the engineering plans shall be signed
and sealed by the applicant's professional engineer licensed to practice in the state
of Florida.For projects subject to LDC section 5.05.08,architectural drawings,shall
be signed and sealed by a licensed architect,registered in the state of Florida.
Landscape plans shall be signed and sealed by licensed landscape architect,
registered in state of Florida.
Sheet size:The site improvement plan and the coversheet shall be prepared on a maximum
size sheet measuring 24 inches by 36 inches,drawn to scale showing the areas
affected by the amendment.The sheet must clearly show the change"clouded"and
clearly delineate the area and scope of the work to be done.
The application must include the following:
1. A narrative of the redevelopment project and how it is consistent with the standards for
approval,LDC section 10.02.03 F.8.
2. Description of each requested deviation and justification for each request.Requested
deviations shall be clearly delineated in the petition.The LDC section for which the
deviation seeks relief from shall be identified.
3. Project enhancements to offset or minimize the deviations shall be clearly identified.
Completeness The Planning&Zoning Department will review the application for completeness. After
and Processing of submission of the completed application packet accompanied with the required fee,the
Application applicant will receive a mailed or electronic response notifying the applicant that the petition
is being processed.Accompanying that response will be a receipt for the payment and the
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Chapter 6 I Waivers,Exemptions,and Reductions
tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number
should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows.a See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice:Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Hearing Examiner hearing.
2. Newspaper Advertisement:At least 15 days before the advertised Hearing Examiner
hearing in a newspaper of general circulation.The legal advertisement shall include:
• Date,time,and location of the hearing;
• Application number and project name;
• 2 in.x 3 in.map of project location;
• Requested deviations and proposed project enhancements;and
• Description of location.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter9 of
the Administrative Code for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning&Zoning Department will review the application and identify whether additional
materials are needed.Staff will prepare Staff Report,utilizing the criteria established in LDC
section 10.02.03 F,to present to the Office of the Hearing Examiner for a decision.
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LDC Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Caroline Cilek, Senior Planner, Operations and Regulatory Management
DEPARTMENT: Growth Management Division
AMENDMENT CYCLE: N/A
LDC SECTION(S): 10.02.03 F
CHANGE: To include a new process to allow for deviations for a site development plan, site
improvement plan, or a site development plan amendment. The deviations shall be approved by
the Hearing Examiner through a quasi-judicial process.
REASON: The Growth Management Division has identified the need for a new land use petition
type to address conflicts and constraints associated with redevelopment projects. The term
redevelopment refers to renovation, restoration, or remodeling of a building or structure, or
required infrastructure, in whole or in part, where the existing buildings, structures or
infrastructure were legally built and installed.
Currently, the LDC allows for several forms of relief from the standards, with justification,
including: architectural deviations, exemptions from parking requirements, and landscaping
alternatives. However, these forms of relief are not applied holistically, but rather with multiple
applications. As Collier County continues to redevelop, especially in the urbanized area, a land
use petition that addresses all development standards at once will provide for an efficient and
economically viable redevelopment review and approval process.
Following a review of land development codes in Florida, County Staff proposes adapting the
City of Naples' Site Plan with Deviations application and process to accommodate
redevelopment in the County. The City of Naples' Site Plan with Deviations is a land use
petition which allows an applicant to request specific deviations from the City' Code of Laws
and Ordinances. The Site Plan with Deviations grants dimensional deviations and can be
employed for projects that comply with all zoning requirements, including density, permitted and
conditional uses,and which are consistent with the City of Naples' comprehensive plan.
The Site Plan with Deviations was implemented by the City of Naples in 2008 and since that
time numerous projects have been reviewed and approved. A snapshot of a recent site plan with
deviations project is provided below.
1. Recently Completed Project: Naples Plaza, 1901 —2175 9th Street North,Naples,FL
The Naples Plaza was originally built in the early 1960's and is a nonconforming site. In
2011, the City of Naples approved the redevelopment project which included
demolishing the existing Publix and former Walgreens buildings, rebuilding the Publix,
and providing facade improvements for the entire plaza. In addition, other site
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enhancements were provided. The applicant requested several deviations, including:
decreased rear building and sign setbacks, increased the lot coverage, a reduced number
of parking spaces and sign and wall dimensional variations.
In the Staff Report provided to the Planning Advisory Board, Staff recommended
approval of this project because it improved the site conditions and the deviations granted
were to assist with the existing nonconformities that were site specific. This project was
approved by the City Council in the fall of 2011 and is recently finished construction.
Several recent projects in Collier County may have benefited from similar process. An example
is provided below:
1. Proposed Project: Dunkin Donuts,3091 Tamiami Trial E,Naples Florida
In 2009, the applicant sought a site development
plan amendment to redevelop an existing fast food
restaurant property and open a Dunkin Donuts
along U.S. 41, between Airport Rd. and
Shadowlawn Dr. The building had been vacant for
over a year and the existing features were
0- r nonconforming. Some of the nonconforming
7 features included reduced sidewalk widths, an
inadequate number parking spaces, transportation
circulation and ingress/egress complications, and
reduced landscaping and architectural standards.
Photo Caption:Proposed Dunkin
Donuts location, source: Google Earth.
The proposed Site Plan with Deviations petition provides an opportunity for the applicant
to request relief from several of the existing nonconforming site features. For example, a
reduction in parking spaces, reduced sidewalk widths, and architectural standards can be
addressed through a Site Plan with Deviations petition. In many instances, the LDC does
not provide relief, apart from a variance, for certain standards, such as nonconforming
sidewalk widths. The Site Plan with Deviations provides this opportunity through a
formal and public review process. However, it is important to note that some site
constraints will continue to prevail.
In this instance, the Florida Department of Transportation and County transportation
policies identified that direct access to U.S. 41 was unavailable to the proposed Dunkin
Donuts. This access was deemed a necessity for the entity and the project was not
pursued. The site remains vacant today. However, combination of deviation approvals,
such as relocating buffers, a reduction in parking requirements, allowing additional
directional signage, and an interconnection with the neighboring property provides an
opportunity for this parcel to be redeveloped.
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FISCAL & OPERATIONAL IMPACTS: The development of a Site Plan with Deviations
petition would allow for current administrative waivers or exemptions to be consolidated into
one form, process, and fee. To accommodate the review of a petition which includes one or more
exemptions, waivers, or deviations, Staff proposes an in-house independent study be done and
the fee schedule updated. The study would include identifying the number of exemptions,
waivers, or deviations currently reviewed by Staff.
The proposed petition and process would expand and streamline the existing procedure for
redevelopment projects. Therefore, it is foreseeable that it would be an advantageous petition for
developers who wish to revitalize an existing improved site within Collier County.
RELATED CODES OR REGULATIONS: LDC section 10.02.03 and the Administrative
Code.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE:
Prepared by Caroline Cilek, Senior Planner on August 14, 2013
Amend the LDC as follows:
1
2 F. Site plan with deviations for redevelopment projects.
3 1. Purpose. A site plan with deviations shall provide a means for a redevelopment
4 project to seek dimensional deviations, excluding height, architectural deviations,
5 and deviations from site features, such as but not limited to, landscaping,
6 parking, and buffers, from the standards established in the LDC when the
7 passing of time has rendered certain existing buildings, structures or site
8 features nonconforming.
9 2. Applicability. A site plan with deviations may be requested for the redevelopment
10 of a site which meets the criteria for a site development plan, site development
11 plan amendment or a site improvement plan as established in LDC section
12 10.02.03. Except for the requested deviations, the site development plan or site
13 improvement plan shall comply with LDC section 10.02.03. For purposes of this
14 section, "Redevelopment" shall mean the renovation, restoration, or remodeling
15 of a building or structure, or required infrastructure, in whole or in part, where
16 the existing buildings, structures or infrastructure were legally built and
17 installed.
18 3. Application. The Administrative Code shall establish the process and submittal
19 requirements for a site plan with deviations for redevelopment projects
20 application.
21 a. Requested deviations shall be clearly delineated and justified in the
22 petition. Project enhancements to offset or minimize the deviations shall
23 also be clearly stated.
24 b. Projects subject to the provisions of LDC section 5.05.08 shall submit
25 architectural drawings that are signed and sealed by a licensed architect
26 registered in the State of Florida.
27 c. The site construction plans shall be signed and sealed by the applicant's
28 professional engineer, licensed to practice in the State of Florida.
29 d. The landscaping plans shall be signed and sealed by the applicant's
^ 30 landscape architect, registered in the State of Florida.
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1 e. The survey shall be signed and sealed by the applicant's professional
2 surveyor and mapper, registered in the State of Florida.
3 4. Staff review and recommendation. Based upon evaluation of the factors set forth
4 in LDC section 10.02.03.F.8, County Staff shall prepared a report containing their
5 review findings and a recommendation of approval, approval with conditions, or
6 denial.
7 5. Public notice. Public notice of the hearing shall be as required by the LDC
8 section 10.03.06 Q and Chapter 6 of the Administrative Code.
9 6. Public hearing. The Hearing Examiner shall hold at least one public quasi-
10 judicial hearing to review the proposed site plan with deviations.
11 a. Review. The Hearing Examiner shall hear the petition following receipt of
12 the staff report and application by the Office of the Hearing Examiner. At
13 the public hearing, the Hearing Examiner shall consider the applicant's
14 justification for the requested deviations, the staff report, the standards of
15 approval and any other relevant testimony and evidence.
16 b. Decision. The Hearing Examiner shall render a decision to approve,
17 approve with conditions, or deny the requested deviations within 30 days
18 of the public hearing. If approved, or approved with conditions, the
19 decision shall specifically note the deviations and the basis for their
20 approval. A decision by the Hearing Examiner shall be rendered prior to
21 the issuance of the approval letter by the County Manager or designee for
22 the site plan.
23 7. Standards for approval. The petition shall be reviewed for consistency with the
24 following standards:
25 a. Land uses and densities within the development shall be consistent with
26 the permitted and approved conditional uses in the zoning district.
27 b. The proposed development is consistent with the Growth Management
28 Plan.
29 c. The development shall have a beneficial effect both upon the area in
30 which it is proposed to be established and upon the unincorporated area
31 as a whole.
32 d. The total land area within the development and the area devoted to each
33 functional portion of the development shall be adequate to serve its
34 intended purpose.
35 e. Streets, utilities, drainage facilities, recreation areas, sizes and yards,
36 architectural features, vehicular parking and loading facilities, sight
37 distances, landscaping and buffers shall be appropriate for the particular
38 use involved.
39 f. Visual character of the project shall be equal or better in quality than that
40 required by the development standards for the zoning district. The visual
41 character of the project shall be better in quality than the existing project
42 before redevelopment and after it was first permitted.
43 q. Areas proposed for common ownership shall be subject to a reliable and
44 continuing maintenance guarantee.
45 h. Deviations shall be clearly delineated in the petition and shall be the
46 minimum required to achieve the goals of the project and comply with
47 these standards.
48 i. The petitioner has provided enhancements to the development.
49 i. Approval of the deviation will not have an adverse effect on adjacent
50 properties.
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1 8. Timeframe. Time limits for site plans will be pursuant to the LDC section 10.02.03
2 H.
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I:Wdmin Code 2012\CCPC Meetings\CCPC hearing 081513\10.02.03 F Site Plan with Deviations for Redevelopment 081413.docx
8/14/2013 2:14:03 PM