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CCPC Agenda 10/16/2014 LDC COLLIER COUNTY PLANNING COMMISSION SPECIAL LDC MEETING AGENDA OCTOBER 16, 2014 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 5:05 P.M., THURSDAY, OCTOBER 16, 2014, 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—September 18,2014 6. BCC REPORT-RECAPS— 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. 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, Recitals; Section Two,Findings of Fact; Section Three,Adoption of Amendments to the Land Development Code,more specifically amending the following: Chapter 1 — General Provisions, including Section 1.08.02 Definitions; Chapter Two—Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts; Chapter Four—Site /•• Design and Development Standards, including Section 4.02.07 Standards for Keeping Animals; Chapter Five— Supplemental Standards, including Section 5.04.05 Temporary Events, Section 5.05.05 Automobile Service Stations; Section Four, Repealer; Section Five, Conflict and Severability; Section Six, inclusion in the Collier County Land Development Code; and Section Seven,Effective Date. [Coordinator: Caroline Cilek,AICP,Land Development Code Manager] 1 10. OLD BUSINESS 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 Clerk o ke-r County Growth Management Division 2014 Out of Cycle Land Development Code Amendments Collier County Planning Commission Thursday, October 16, 2014- 5:05 P.M. Caroline Cilek, AICP- Land Development Code Manager c o ..-1 0 ca N a d d � U E . E 0 O U U C:a, 0 in a-. C in — Y U w Y O c _V r Y C C p b0- b vi N ti _O o a n c v 3 s c° °' O t v = = v v s _CU ++ O u a) -O 4- L C a) N a) O_..O N al 0 L m Y @ O O ++ C - CO te 0 a) vi a) L L O — a+ L @ 7 In ] •a 4-I N `�- C 00 y tY0 Y OD �" C 0 C ra V C ai L = = -- Y Y "6 m L L — v1 m T L L O S 4- ..O S Y .Y/I L .0 m O v co) v1 m a o0 C E �O o0 C >' = O O O@ a) O N N N > m Y O `� m N AC E E 0 o- E c o ° m -a .. v co y E o ±' -p a) c n -o aa) m '^ do v S u m o 0 W O �'' u a) .. 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Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendment LDC SECTION(S): 1.08.02 Definitions 5.05.05 Automobile Service Stations CHANGE: The proposed amendment to LDC section 5.05.05 Automobile Service Stations establishes that automobile service stations shall be limited to eight fuel pumps when located within 300 feet of residential property; however, a greater number of fuel pumps may be sought through the conditional use process or as part of a Planned Unit Development. In addition to the Findings established in LDC section 10.08.00, the proposed amendment establishes several considerations to be examined when evaluating compatibility and adverse impacts of the conditional use request. To address changes and functions of automobile service stations, the proposed language also amends LDC section 1.08.02 Definitions. The existing term "Automobile Service Station" is modified to align with common applications of the use and the term "fuel pump" is introduced because it is included within the proposed provisions in LDC section 5.05.05. REASON: The Board of County Commissioners voted on Tuesday, July 8, 2014 to direct staff to develop and bring forward a LDC amendment pertaining to the regulation of automobile service stations,including gas stations, adjacent to residential property that have more than eight fuel pumps or provide for fueling of more than eight cars at any point in time. At the July 8th meeting the Board discussed the compatibility of large gas stations located near residential neighborhoods. One of the Board's motions regarding the Item was to "direct staff to expeditiously amend the Land Development Code to ... properly consider ... automobile service stations..." Please see Attachment 1, pages 66 -73 of the Board's meeting minutes and Add On Item 10B, Attachment 2. The proposed amendment is designed to address the intensity, compatibility, and impact of large gas stations near residential property by regulating the location, process, and number of fuel pumps. As relayed in the Executive Summary to the Board on July 8th, this is relevant because over time the conventional automobile service station has transformed both in intensity and in use. Traditionally, automobile service stations were comprised of a small service department with limited fueling stations, generally providing for four to eight cars to obtain gas at any one time. Today, common applications for service stations consist of a large convenience store and a far greater number of fueling stations. Recent applications for automobile service stations in �-. Collier County have identified approximately 16 —20 fuel pumps. The impact of this change in intensity and use of the traditional service station can be magnified when located near residential property. 1 1:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/8/2014 5:31:36 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Automobile service stations, including gas stations, of all sizes are recognized as having the potential to impact vehicular and pedestrian circulation, truck traffic, noise pollution, and often have intense lighting schemes and extended operating hours. These site characteristics can impact the health, safety, and quality of life of nearby residents and other land uses. For these reasons, many communities require site design standards, such as landscaping, buffering, and architectural standards, to address these effects. LDC section 5.05.05 Automobile Service Stations requires site design standards, but it does not currently address the number of fuel pumps at a site or require additional design standards when a greater number of fuel pumps are proposed. In addition, some communities have adopted additional distance and location standards. For example, Lee County, Florida requires that all gas stations over eight pumps go through a special exemption process, a public process similar to a conditional use, in all zoning districts. St. Augustine, Florida instituted a new standard in early 2014 that limits gas stations to eight fuel pumps on entry corridors to the city to maintain historical development patterns. The Town of Davie, Florida requires that there be a minimum distance of 250 feet between fuel pump islands and/or service station purposes and that churches,playgrounds, playfields, hospitals, elementary and middle schools, and land zoned or designated residential, regardless of the number of fuel pumps. Please see Attachment 3 which contains a list of communities which have established higher standards for large gas stations. Several studies identify the unique nature of gas stations. In 2011, the U.S. Environmental Protection Agency published "School Siting Guidelines" that recommended that schools mitigate, evaluate, and locate new schools 1,000 feet from large gas stations based on air pollution and vapor intrusion into structures, among other potential hazards. Please see Attachment 4, page 59. In 2005, the California Environmental Protection Agency and California Air Resources Board prepared the Air Quality and Land Use Handbook: A Community Health Perspective study that recommended locating "sensitive land uses" 300 feet from a large gas station based on benzene emissions, a well known carcinogen and an air pollutant. Please see Attachment 5, an excerpt from the referenced Land Use Handbook for additional information. The amendment proposes that automobile service stations within 300 feet of residential property and exceeding eight fuel pumps obtain a conditional use. The proposed 300 foot requirement is based on establishing compatibility of the neighboring residential use, studies providing recommendations based on air quality concerns, and similar standards adopted by other jurisdictions. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal and operational impacts to Collier County. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are not anticipated impacts to the GMP. 2 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/8/2014 5:31:36 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term DSAC-LDR SUBCOMMITTEE RECOMMENDATIONS: Subcommittee recommends that the proposal as drafted not be adopted, but that the comments and issues that have been raised are worthy of consideration and if the amendment were to be drafted not to include zoning districts C-4, C-5, and Industrial,then the amendment would be more worthy of consideration. Comments and issues raised during subcommittee review: 1. To address site design provisions within LDC section 5.05.05 be included in this amendment cycle, and if not, direct staff to include them in the next amendment cycle, including the following: a. lighting, address lighting comprehensively as it relates to commercial use adjacent to residential b. landscaping c. branding and banding/color schemes for canopies/canopy, d. increase the signage percentage 10% of the size of the canopy façade e. bathrooms to be located inside the automobile service station building. 2. Recommend that staff work with Sheriffs office to look at CPTED in the LDC. DSAC RECOMMENDATIONS: DSAC reviewed the proposed amendment on Wednesday, October 1st and adopted the DSAC-LDR subcommittee's recommendations. In addition, DSAC identifies the following as the basis for objection. If the proposed amendment is considered for adoption, the following shall be discussed: 1. Concern that property rights will be taken as a conditional use is not by right. 2. Automobile Service Station — issue with definition and that it would apply to non-retail establishments. 3. Measure the 300 distance from the pump to the face or the edge of the residential building. 4. Evaluate the eight fuel pumps vs. the output of the gas stations. 5. Consider that the fewer fueling positions may result in a greater number of small stations 6. The conditional use process discourages business and can be arbitrary and occasionally capricious. 7. Consider whether the amendment benefits a few to the detriment to the public at large. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, AICP LDC Manager: 8/26/14, 9/5/14, 9/19/14, 10/1/14 Amend the LDC as follows: 1 2 1.08.02 Definitions 3 4 Automobile service station: means any establishment that sells, distributes, or pumps fuels for 5 motor vehicles whether or not such facility provides automotive repair services. See fuel pump 6 definition. __••••- - -- •- . _ . •- - • -- - - - - -- - -- -- - -- -e. 7 A .. . -- - - - a.. a •- - - --a - — "" --- --a - 8 - - - a --- - - - - --a_ - - a a -- a .-- - ••9 customers/members as an incidental service, the structures and site related to the fuel facility 10 -- -- -- -- - - - - -- - - -- - 11 3 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/8/2014 5:31:36 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 Fuel pump means a vehicle fuel dispensing device, other than a portable fuel container or fuel 2 dispensing vehicle, which can be self-service or full-service. A single fuel pump is a fuel pump 3 that can serve only one vehicle at-a-time. Vehicle fuel dispensing devices that can service more 4 than one vehicle at-a-time consist of multiple fuel pumps. The number of pumps is determined 5 by the maximum number of vehicles that can be serviced at the same time. For example, a fuel 6 dispensing device that can fuel two vehicles at once is considered two fuel pumps, and a fuel 7 dispensing device that can fuel three vehicles at once is considered three fuel pumps, and so 8 on. 9 # # # # # # # # # # # # # 10 5.05.05 Automobile Service Stations 11 A. The purpose of this section is to ensure that automobile service stations do not 12 adversely impact adjacent land uses, especially residential land uses. The high levels of 13 traffic, glare, and intensity of use associated with service stations, particularly those 14 open 24 hours, may be incompatible with surrounding uses, especially residential uses. 15 Therefore, in the interest of protecting the health, safety, and general welfare of the 16 public, the following regulations shall apply to the location, layout, drainage, operation, 17 landscaping, parking, and permitted sales and service activities of automobile service 18 stations. 19 * * -* * 20 C. Location and number of fuel pumps. 21 1. Automobile service stations shall be limited to 8 fuel pumps when located 22 within 300 feet of residential property. For the purposes of subsection 5.05.05 C, 23 residential property shall be any lot,which is developed or intended for residential 24 use The measurement shall be the shortest distance between the nearest fuel 25 pump to the residential property. A greater number of fuel pumps may be 26 approved as part of.a PUD or conditional use subject to 5.05.05 C.2. Existing 27 fuel pumps as of(effective date) may be modernized, replaced, or relocated on 28 the same premise, but additional fuel pumps shall be subject to 5.05.05 C.2. 29 2. Automobile service station conditional use request. Automobile service 30 stations seeking more than 8 fuel pumps within 300 feet of residential property 31 may be approved through a conditional use request. In addition to the findings 32 established in LDC section 10.08.00, the following shall be considered when 33 evaluating compatibility and adverse impacts of the request. 34 a. Number of fuel pumps. 35 b. Proximity and mitigation of impact to residential property. 36 c. Hours of operation. 37 d. Architectural design, lighting, landscape buffers, and other site features 38 as described in LDC section 5.05.05 B.2.a.i. 39 e. Location of fuel pumps, parking, loading, and refueling areas. 40 f. Existing buildings or features, as described in LDC section 5.05.05 41 B.2.a.i., that are located between residential property and the proposed 42 automobile service station. 43 q. Additional uses and accessory uses of the automobile service station. 44 GD. Building architecture and signage requirements. 45 1. Building architecture shall meet the requirements of section 5.05.08 46 2. Signage for automobile service stations. The following are the only signs allowed 47 in automobile service stations and convenience stores with gas pumps. 48 a. Window, Wall, and other signs: As allowed in Section 5.06.00 of this 49 Code. 4 l:\2014 LDC Amendment Cycle 21Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/8/2014 5:31:36 PM Text underlined is new text to be added. Bold text indicates a defined term 1 b. All canopies may have an illuminated corporate logo with a maximum 2 area of 12 square feet shall be allowed on a canopy face which is 3 adjacent to a dedicated street or highway. Otherwise, accent lighting, 4 back lighting and accent striping are prohibited on canopy structures. 5 c. One ground sign shall be permitted for each site and shall be placed 6 within a 200 square foot landscaped area. Height is limited so that the top 7 edge of the sign face is less than eight feet above grade. Maximum 8 permitted area 60 square feet. 9 d. Signage is prohibited above gas pumps. 10 E. The following landscape requirements are in addition to the requirements of section 11 4.06.00 Landscaping and Buffering. 12 1. Right-of-way buffer landscaping: 13 a. Landscaping adjacent to rights-of-way external to the development 14 project shall be located within a landscape buffer easement which is a 15 minimum of twenty-five (25) feet in width. Water management swales 16 shall not be located within these buffer areas; however, water 17 management facilities such as underground piping shall be permitted. 18 b. An undulating berm with a maximum slope of 3:1 shall be constructed 19 along the entire length of the landscape buffer. The berm shall be 20 constructed and maintained at a minimum average height of three (3) 21 feet. The berm shall be planted with ground cover (other than grass), 22 shrubs, hedges, trees, and palms. 23 c. The required trees and palms shall be clustered in double rows with a 24 minimum of three (3)trees per cluster. Canopy trees shall be planted a .-. 25 maximum of twenty(20) feet on center within a cluster. The use of palms 26 within the right-of-waybuffer shall be limited to landscaped areas 27 adjacent to vehicular access points. Palms shall be planted in staggered 28 heights, a minimum of three (3) palms per cluster, spaced at a maximum 29 of eight (8) feet on center,with a minimum of a four (4) foot difference in 30 height between each tree. Exceptions will be made for Roystonea spp. 31 and Phoenix spp. (not including roebelenii) which may be planted one (1) 32 palm per cluster. A maximum distance of twenty-five (25) feet between all 33 types of tree clusters shall be maintained (See Illustration 1 below). 34 d. All of the trees shall be a minimum of fourteen (14) feet in height at the 35 time of installation.Trees shall have a minimum of a three and one-half 36 (3%2) inch caliper at twelve (12) inches above the ground and a six (6) foot 37 spread. At installation, shrubs shall be a minimum of ten (10) gallon, five 38 (5) feet in height, with a three (3) foot spread, planted four (4) feet on 39 center. 40 2. Landscaping adjacent to all other property lines: 41 a. Side property boundaries (other than those adjacent to rights-of-way) 42 shall be planted with single row hedges consistent with the minimum 43 requirements of section 4.06.00, Landscaping and Buffering. 44 b. Rear property boundaries (other than those adjacent to road rights-of- 45 way) shall be planted with a single row hedge. The hedge shall be a 46 minimum height of four (4) feet at planting, planted at three (3) feet on 47 center, and shall be maintained at a height of five (5) feet. 48 c. Curbing shall be installed and constructed, consistent with minimum code .-. 49 requirements, between all paved areas and landscape areas. 5 1:\2014 LDC Amendment Cycle 2Wmendments15.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/8/2014 5:31:36 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term P■USTRATIO4J IMtCp . y '$ F-1,1. -pi f — Po. ''.i: e I .l. „ ., mss„,.—avr :P.-;r r :� Ors _ A 9I — I I 1 Lrm..m J1 I ster.nozra. :311 tr:-_sa .zira-i- -.Id - AUTOMOBILE SERVICE STATION ROW.I MOBCAPS REOUREMFNTS 1 �.=. -- -- 2 Illustration 1. Auto Service Station R.O.W. Landscape Requirements 3 €F. Automobile service station sites shall be separated from adjacent residentially zoned 4 or residentially developed properties by an architecturally designed 6 foot high masonry 5 wall or fence utilizing materials similar in color,module, and texture to those utilized for 6 the building. Landscaping shall be planted on the residential side of the fence or wall. 7 G. Lighting. 8 1. All lighting facilities shall be directed away from adjoining properties. 9 2. On-site luminaries shall be of low level, indirect diffuse type, and shall not exceed 10 a height of greater than twenty (20) feet above finished grade. 11 3. Lighting located underneath a canopy shall be of low level, indirect diffuse type 12 designed to provide light only to the pump island areas located underneath said 13 canopy. 14 GH. All restrooms shall be located inside or to the side or rear of the building. 15 #I. As required by section 5.03.04, a six(6) foot high enclosed trash area to be integrated 16 with the design of the service station shall be provided. 17 4J. Storage tanks shall be located below grade. 18 JK. There shall be no outside displays of products, stacking of tires, or other merchandise. 19 14L. No automobile service station shall have an entrance or exit for vehicles within 200 20 feet along the same side of a street as a school, public playground, child care center, 21 church, hospital, public library, or any institution for dependents or for children, except 22 where such property is in another block. 23 l_M. Color accent banding on gasoline canopy structures and all other structures is 24 prohibited. Canopies shall be of one (1) color, consistent with the predominant color of 25 the principal structure, if applicable. The color of all structures on-site shall be of soft 26 earth tones or pastels. 27 MN. Each automobile service station shall provide the necessary infrastructure and pre- 28 wiring in order to provide the capabilities for generator service in case of emergencies. 29 NO. In addition to the retail dispensing of automobile fuels and oil, only the following services 30 may be rendered and sales made, except as indicated: 31 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 32 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not 33 recapping of tires. 6 1:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/8/2014 5:31:36 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term .-. 1 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, 2 floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, 3 mirrors, exhaust systems, and the like. 4 4. Provision of water, antifreeze, flushing of the cooling system, air conditioning 5 recharge, and the like. 6 5. Providing and repairing fuel pumps and lines. 7 6. Minor motor adjustments not involving removal of the head or crankcase. 8 7. Greasing and lubrication. 9 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service 10 station customers, but strictly and only as accessory and incidental to the 11 principal business operation. 12 9. Provision of road maps and other information. 13 10. No mechanical work shall be allowed outside of the enclosed areas. 14 11. Oil drainage pits or appliances for such purpose or repair purposes shall be 15 located within a wholly enclosed building. 16 12. Uses permissible at an automobile service station do not include major 17 mechanical and body work, straightening of frames or body parts, steam 18 cleaning, painting, welding, storage of automobiles (except as expressly 19 permitted in subsection 13. below), commercial garage as an accessory use, or 20 other work involving undue noise, glare, fumes,smoke, or other characteristics to 21 an extent greater than normally found in such stations. An automobile service 22 station is not a facility for the sale of automobile vehicles, a repair garage, a 23 body shop, or a truck stop. 24 13. The temporary storage of vehicles shall be permitted if the vehicles are to be 25 serviced at the service station or if the vehicles have been towed by the service .-. 26 station and are being held for servicing, for an insurance company, or for 27 salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be 28 stored within an area surrounded by an opaque fence not less than six (6) feet 29 high. Said vehicles shall not be stored longer than sixty (60) days. 30 14. Washing and polishing of automobiles and sale of automobile washing and 31 polishing materials, but this only allows auto detailing as an accessory use. This 32 provision does not allow carwashes except in those zoning districts where a 33 carwash is a permitted use, and where such carwashes shall be subject to 34 criteria specified in the zoning district. 35 SP. Exceptions: 36 1. The site design standards set forth in 5.05.05 B.1. (table) shall not apply to, nor 37 render non-conforming, any existing automobile service station or any 38 automobile service station within a PUD in which a specific architectural 39 rendering and site plan was approved as part of a rezoning action prior to July 5, 40 1998. 41 2. The site design standards set forth in 5.05.05 F.—M. or any other applicable 42 development standard shall apply to existing automobile service stations 43 pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable 44 sections of the Land Development Code. 45 (Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.JJ; Ord. No. 13-56, § 3.S) 46 # # # # # # # # # # # # r 7 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/8/2014 5:31:36 PM Attachment 1 BCC REGULAR MEETING MINUTES July 8, 2014 July 8, 2014 Item #10B RESOLUTION 2014-155: A RESOLUTION TO STAY THE RECEIPT OF NEW APPLICATIONS FOR DEVELOPME ORDERS REGARDING AUTOMOBILE SERVICE STAT 15 -3 , INCLUDING GAS STATIONS, ADJACENT TO RESID 1, .. PROPERTY WHILE THE PROPOSED LAND USE r V ION IS PREPARED AND VETTED; AND FOR STAF ,"" '!: ELOP AND BRING FORWARD A LAND DEVELOP W T •DE AMENDMENT REGARDING THE REGU �`= 'OF AUTOMOBILE SERVICE STATIONS,1 re-�f� 1 G GAS STATIONS, ADJACENT TO RESIDEN " `. '�' OP RTY WHICH HAVE MORE THAN EIGHT (8) F P 1' SO R PROVIDE FOR FUELING OF MORE T A P., ' T (8) CARS AT ANY POINT IN TIME - MOTIO v" ) % illi 1 i. STAFF TO DEVELOP AND BRING BACK AN L P . 4 F D 4 ENT REGARDING AUTO SERVICE STAT r , WiULATION INCLUDING STATIONS ADJ A CEP IL '�� ' SIDENTIAL PROPERTY WHICH HAVE MORE T `a (8) FUEL PUMPS OR THAT PROVIDE F , L OF THAN EIGHT (8) CARS AT ANY POIlT x i IMP AND ADOPTING THE COUNTY ATTORNEIVRARED RESOLUTION — ADOPTED ,,Y�{� SOY:F fi Sw % t ' r 'S: Commissioners, that takes us to Item 10.B on your ane . -*Ibis was an add-on item by Commissioner Fiala. It's a reco p„ ndation to direct staff to develop or bring forward a Land Development Code amendment regarding the regulation of automobile service stations, including gas stations adjacent to residential property which have more than eight fuel pumps or provide for fueling of more than eight cars at any point in time. And also to adopt the resolution to ,-. Page 66 July 8, 2014 stay the receipt of new applications for development orders regarding automobile service stations including gas stations adjacent to residential property while the proposed land use regulation is prepared and vetted. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I think at the same ti possibly, and Nick, you would have to guide me on this on At think this is -- our C-4 zoning right now is pretty outda ' o know when we came together with that, at least 20, Ittv ago. And at that time colossal gas stations were never even o Things have changed for all of our C-4s ; -- especially when they abut residential neighborhoods s hoping at the same time maybe we could look through a tiJ. there are any others that we need to modify or improve up*F' at t L- same time. MR. CASALANGUIDA: Fo v, ord, Nick Casalanguida, Growth Management Divisi+' A • 6, . I think there are two u q F� `�� a'a `, on your writeup. MR. OCHS: Get cl• •,6 , a r mic. MR. CASAL N : ;A . •ne is to look at the zoning as you've suggested. Obvio` �.�,t . .0 estion comes up commercial use adjacent to residential. ,4, The b g sue hink is the stay on processing the applications. I think thos- e separate items. So as far as the zoning is concerne• ` ,9 a happy to do that That's come up several times witt • rR . But as far as the stay is concerned, I think that's a seara dcussion. N9MMISSIONER FIALA: You mean the moratorium that we talked of last time? MR. CASALANGUIDA: Yes, ma'am. So I think those probably need to be addressed separately. We can certainly work on the zoning question. But, you know, how the Page 67 July 8, 2014 Board feels about putting a stop to any development right now with that -- COMMISSIONER FIALA: Well, you can't stop what's already been purchased and approved. You know, that's done, that would take away property rights. And I know we can't do that. As harm as maybe some might look or appear right now, still that's done. But I think that any future purchases of C-4 zoning be ,rN address this issue could be stopped so that it doesn't has,_ , '`; ' a body 4 else's community. MR. CASALANGUIDA: Certainly could, ' II. 1+, wi the majority of the Board. ` ; CHAIRMAN HENNING: Okay, I e .. s l':a n. Essentially it is a moratorium on anybody petitioning th 4i.-::,. ` : •ecause on C-4 on this particular use there has to be -- it' - con',! 'tiona use, is that correct, Nick? ; MR. CASALANGUID i _ , - . the gas stations that we're talking about are by right in talk a t,± 1; kno , for instance, I know a couple of parcels in Nort °' l - at could put in a RaceTrac just by coming in with an DP , 00 o`- - of the RaceTrac applications or mega gas station applic o T a -it's a distance waiver requirement that will have to c e in-' ont of the Board, which is one of the issues we've been 4 is ing .I. well too. So that': . e i e at hand. And sometimes they are by right. And whe are next to residential the Land Development Code cal f �a . �E tial wall, and it says may be a wall and then a buffer. RMAN HENNING: And Jeff, with that moratorium is a regu:-.t , , taking of property rights? M. KLATZKOW: No, I crafted it so it's lawful. It's zoning in progress. If the Board decides that this is something that you want to consider doing, what you do is okay, stop anything new until we have a chance to look at this and make a determination. And part of the Page 68 July 8, 2014 problem we're dealing with is the Board's about to go on a summer recess and so by the time we get back to you we may have the horse out of the barn. That's the purpose of the moratorium. CHAIRMAN HENNING: Do we have public speakers on this item? MR MILLER: Yes, sir, we have one registered public " zer. Mr. Richard Yovanovich. r { COMMISSIONER HILLER: Isn't there an author . r! s our same last name? MR. YOVANOVICH: I wish she was my a.,- ut s e's not. COMMISSIONER HILLER: You're not ,' MR. YOVANOVICH: Not related. 1111 Good morning. For the record, Rich ' • .:• sF *ch. I think, Commissioner Henning, ,. u ki-_• of hi the nail on the head. This is a de facto moratori - ! �, • ently existing property rights. You have C-4 zoned o l e \, ' • :Va ve the right to build a gas station on it today, unless yo , 50 feet of another gas station, then you have the right to [rte : �� nd ask for a distance, e waiver. Where, as I us •er - 6 h proposed regulation today, and something came )F • J 11—, ► discussion regarding the purchase of property. I re, esen ace rat and they have a couple different scenarios , h-- .. e in`'"a an three different properties with Site Developme V Fyn'lanpplications. They do not currently own those properties ,t :-,:y have the right to buy those properties and they've sub. i -t site development plans and they would like to continue t-. a ug Site Development Plan process and ultimately obtain bui .ermits. I elieve the way the resolution has been written is that they would be allowed to do that, even though they don't currently yet own the property. I just need to make sure that that's clarified on the record, that they would be allowed to continue through the Site Development Page 69 July 8, 2014 Plan process on the C-4 zoned properties that they have identified as -- two of them are by right, one of them you've already heard some testimony regarding the waiver application that has already been applied for. We just want to make sure we can continue on with those processes, because you are effectively adopting a moratoriums r all siF future applications. And I don't believe you're doing the righ � b ess to adopt a moratorium while you look at this issue. d � But it may not matter if the applications that we c rl ,.ya, ' ve in the process continue on. �� f s.,a CHAIRMAN HENNING: Commissioner F';3 it' it your intent to stop these SDPs through this item that you -` * F.- agenda? COMMISSIONER FIALA: As I sta,. a `1 I . ing away what they've already gotten. I didn't realiz- ‘, ii' 't own them. I didn't -- that was not my intention at , M ` tention was to protect you guys in your districts. There's :.• '� , I can do about ours. And I would offer that ; / ` Q9 t`it RaceTrac would consider when it's abutting n-,;/-- ! , the 5 and older community, they would put in a Race . . y=4 ould seem more conducive to a neighborhood rath- th, - , ■ ,u s ow, the monster place. But I have -- they can build it o-, 1 I a e no say in it, nor does our staff. They can just do it. :e just i n t want to have this happen to anybody else. CHAR- ° HENNING: Does that answer your question? MR. Y 4;\ A WVICH: I guess the answer is yes, we can continue on and r • ` 4«_ i' lding permits on those properties that we've already stall ed ' 1.'3_ process. 't ' . ATZKOW: Yes. „k LP'. YOVANOVICH: That's all I'm trying to confirm. . KLATZKOW: Any pending application this would not affect. MR. YOVANOVICH: That's the concern we have. CHAIRMAN HENNING: Right. Page 70 July 8, 2014 COMMISSIONER FIALA: And you can tell them we would hope that they would be considerate of their neighbors. MR. YOVANOVICH: And I don't want to -- I mean, I can't -- and we are, and we're making sure we're doing appropriate buffering and appropriate walls and all the like. I can't help that some p le may not want to live next to a gas station, but we are taking o neighbors into consideration. CHAIRMAN HENNING: I believe there's a moti P ' ove by Commissioner Hiller; is that correct'? And a seco Commissioner Fiala'? Or am I wrong'? COMMISSIONER HILLER: A motion t• , 6 t t -- no, I think it needs to be bifurcated in two parts, and ` - s° r-ve two motions. The first is to direct staff to expeditiously a , Land Development Code to you know, pro e- ly c sider these -- to develop regulation -- you know, to pro erly • automobile service stations, including gas statio a _ e . .. idential property with more than eight fuel pumps. COMMISSIONER Mte 'ght. Second. CHAIRMAN I ►,'1 s e' Y Okay, that's a motion. COMMISS 414 ER: And/or providing fueling for more than eight car at an p■oin in time So that's the first one COM I -2) :INE FIALA: And you've got a second. MR. 0 S: . Chairman'? C V HENNING: Yes. . . I'm sorry, Commissioner Coyle I believe wants to b e ea op this as well. r £` IRMAN HENNING: Are you sorry about that'? . OCHS: No, I'm sorry for the interruption. COMMISSIONER HILLER: You are so sarcastic today. MR. DURHAM: Sir, Commissioner Coyle is in favor of the -- motion. Page 71 July 8, 2014 CHAIRMAN HENNING: Okay, the motion just stated by Commissioner Hiller and seconded by Commissioner Fiala. MR. DURHAM: Correct. CHAIRMAN HENNING: Discussion on that motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, s' by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. tt(.CZ COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: , i - rries 5-0. COMMISSIONER HILN a,.* _ the next motion is to �' :_ r adopt a resolution to stay the **rub ne applications for development orders regar s,G • ,e- obile service stations, including gas 1 property while the proposed land as stations ad ace_ � to�� use regulation is • •' - • ,J -d and vetted. And that that resolution be „it done in such . way • to not result in any takings of private property rights that :=e .4 ed. CHAI A NNING: Well, that's mouthful. I mean, what a a , are we re.; a g here? They already have the right to do it ✓2 IR v I:t�SIONER HILLER: No, he -- Jeff? V' = ATZKOW: The resolution I prepared is a lawful resci1.t' c.`' as it's written. OMMISSIONER HILLER: So it satisfies the direction. CHAIRMAN HENNING: No, you're saying -- MR. KLATZKOW: It's a different direction. COMMISSIONER HILLER: I'm sorry? How would you like the -- Page 72 July 8, 2014 motion made? MR. KLATZKOW: Motion to approve the resolution. CHAIRMAN HENNING: That's right. COMMISSIONER HILLER: Oh, just to approve the resolution? MR. KLATZKOW: That's the simplest. COMMISSIONER HILLER: Okay. So motion to appr.-,..e e resolution. y COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commis er, second by Commissioner Fiala. a c 6 �-t, � Discussion'? MR. DURHAM: Commissioner Co - - a %p s the motion. CHAIRMAN HENNING: All in fay. 4 ,,' otion, signify by saying aye. fi COMMISSIONER FIALA ti CHAIRMAN HENN COMMISSIONER HIL �� ' . ,• e. COMMISSIONER r, Aye. COMMISSI• E Aye. CHAIRMA ¶ jJ : Opposed? (No resp. se ) CHAP III G: Motion carries 5-0. We ha eve-. minutes until lunch break. spS Abe lieu M l RE ., TION 2014-156: ESTABLISHING PROPOSED MILL A GE RATES AS MAXIMUM PROPERTY TAX RATES TO BE LEVIED IN FY14/15 AND REAFFIRMING ADVERTISED PUBLIC HEARING DATES IN SEPTEMBER 2014 FOR THE BUDGET APPROVAL PROCESS — ADOPTED Page 73 Attachment 2 Add On Item 10B July 8, 2014 BCC Meeting EXECUTIVE SUMMARY Recommendation to 1) Direct staff to develop and bring forward a Land Development Code Amendment regarding the regulation of automobile service stations, including gas stations, adjacent to residential property which have more than eight (8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time; and 2) Adopt a resolution to stay the receipt of new applications for development orders regarding automobile service stations, including gas stations, adjacent to residential property while the proposed land use regulation is prepared and vetted. OBJECTIVE: To develop a Land Development Code (LDC) Amendment which would examine the limitation of automobile service stations, including gas stations, which have more than eight (8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time to be located adjacent to residential property. Further, to stay the receipt by the Growth Management Division of new applications for development orders regarding automobile service stations adjacent to residential property, while the proposed amendment is prepared and publicly vetted with the public and through the County's advisory boards. CONSIDERATIONS: The proposed amendment will examine the intensity, compatibility, and land use effects of automobile service stations next to residential property and the proposed land use regulations which will address these impacts. This analysis is relevant because over time, the conventional automobile service station has transformed both in intensity and in use. Traditionally, automobile service stations were comprised of a small service department with limited fueling stations, generally providing for four cars to obtain gas at any one time. Today, common applications for service stations consist of a large convenience store and a far greater number of fueling stations. The change in intensity and use of the traditional service station can be magnified when located next to residential property. FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed land development code amendments. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: Florida's common law recognizes a process known as "Zoning in Progress" where the local government may stay new applications for development orders as defined in the LDC while a Board directed regulatory change is underway. Zoning in Progress is a defense that local governments may assert against a legal claim of vested rights when a landowner sues to avoid having to comply with a zoning regulation. Such cases arise when someone applies for zoning approval under the existing set of regulations, but after a change to those regulations is already formally "in progress". In Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA 1980), rev. den. 403 So.2d 407, the court stated that an applicant is entitled to a permit under existing regulations only if the proposed regulation that would preclude the intended use is not "pending" when application is made. A proposed government action is deemed "pending" if there are active and documented efforts by those authorized to develop and prepare the proposed regulatory change, and the local governing board or planning board is aware of these efforts. Smith, supra, at 685. In other words, upon approval of this item and the proposed resolution, staff will no longer accept applications for new development orders seeking approval of Automobile Service Stations adjacent to residential property until the Land Page 1 of 2 Add On Item 10B July 8, 2014 BCC Meeting Development Code amendment is heard by the Board. This item is approved as to form and legality. A majority vote is needed for approval of staff direction and the Resolution, however, an affirmative vote of four is needed for the future land development code amendment. --JAK RECOMMENDATION: To 1) Direct staff to develop and bring forward a Land Development Amendment regarding the regulation of automobile service stations, including gas stations, adjacent to residential property which have more than eight (8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time; and 2) Adopt a resolution to stay the receipt of new applications for development orders regarding automobile service stations, including gas stations adjacent to residential property, while the proposed land use regulation is prepared and vetted. Prepared By: Commissioner Donna Fiala Page 2 of 2 RESOLUTION NO. 14- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS DIRECTING COUNTY STAFF TO DEVELOP PROPOSED LAND USE REGULATIONS RELATING TO THE PROHIBITION OF AUTOMOBILE SERVICE STATIONS WITH MORE THAN 8 FUEL PUMPS, OR WHICH PROVIDE FOR FUELING OF MORE THAN EIGHT (8) CARS AT ONE TIME, ADJACENT TO RESIDENTIAL PROPERTY AND THAT SUCH PROPOSED ORDINANCE IS BENG DRAFTED AND WILL BE PROMPTLY SUBMITTED TO THE BOARD'S LOCAL PLANNING AGENCY (LPA) FOR ITS CONSIDERATION AND RECOMMENDATION; DIRECTING THAT THE LPA PROVIDE RECOMMENDATIONS, AFTER ITS DUE CONSIDERATION WITH REGARD TO SUCH PROPOSED LAND USE AND DEVELOPMENT REGULATIONS; DECLARING THAT THE DEVELOPMENT OF SUCH REGULATIONS AND THE ZONING PROCESS RELATED THERETO CONSTITUTES "ZONING IN PROGRESS;" DIRECTING THAT DEVELOPMENT ORDERS FOR AUTOMOBILE SERVICE STATIONS ADJACENT TO RESIDENTIAL PROPERTY NOT BE ISSUED UNTIL THE "ZONING IN PROGRESS" HAS BEEN COMPLETED BY FINAL CONSIDERATION OF SUCH PROPOSED LAND USE AND DEVELOPMENT REGULATIONS BY THE COUNTY. WHEREAS, the Board of County Commissioners of Collier County ("Board") has directed County staff to develop proposed land use regulations addressing the regulation of automobile service stations in certain areas; and WHEREAS, County staff is in the process of preparing a proposed ordinance addressing automobile service stations adjacent to residential property; and WHEREAS,the proposed ordinance will be considered by the County's LPA as required by the County's Land Development Code;and WHEREAS, no final consideration or decision can be made by the Board except through the legally required and publicly advertised Land Development Code amendment process; and WHEREAS, the County finds that the issuance of any development orders for the construction of automobile service stations adjacent to residential property during this "zoning in progress"is detrimental to the best interests of the citizens of the Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board hereby determines that it is appropriate and in the best interest of the citizens of Collier County to study, consider and develop land use regulations to address and/or regulate the construction of automobile service stations adjacent to residential property within 1 of 2 the county. Until such time as the Board has an opportunity to consider the proposed land use regulations and the recommendations of staff and the LPA, the issuance of development orders, .-. such as site development plans, for the construction of automobile service stations adjacent to residential property shall be prohibited, unless an application for said development order is pending prior to the adoption of this resolution. 2. The Board hereby declares that the process currently in effect with regard to the development and consideration of land use regulations relating to automobile service stations constituted"zoning in progress". 3. In the event that any person or entity is denied a development order, including a site development plan or building permit or other approval as a direct result of the prohibition set forth above, such person or entity may appeal such denial to the Board of Zoning Appeals. The fee for such appeal is hereby waived. For any appeal that is filed,the Board shall consider same in a properly noticed meeting and after due consideration, may authorize the approval of a development order for an automobile service station upon a finding that such approval is not contrary to the long term goals of this Resolution and is not disadvantageous to the health, safety and welfare of the general public. THIS RESOLUTION ADOPTED after motion, second and majority vote this day of ,2014. 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CD c - t ra y OL N — L -0 U N c0 ° >` ° .� a) C 4- -p a) t+ N C a — o O 0 L U °ca t 7' 4- fa c a) -Q c a) L H O — O L ..0 •' C O Q +' a) •� [o ++ 0 +, N L N Ca L O U E U �; +_ ° n a) -2 ° m f0 , °. i a) c Q L 0 — .0 t 6- a) '5 a) a) cO a) C O a) C -C N ° CO O +' ++ OA +, O ++ a) > + O o .Q "" c ai 72 GIs- 0 3 t g N CM cn E o u - o 0. o - � aL1 E 0. m Cl O ° ++ i 4-' i t -° O = O 'c - __ a) cO a) ,- a) Q O L C vs N O L CD s co _c fa c LE DC a) Q > O L bb U L c H H a) y N N c6 I- p tom. 4- cu C a) co 0 ,} CD C am,, Cu, va-i _ca) '> v ° U +� O O - o t 2 = >- >- .0 'O � v ,� • Q +i 0 .Q 2 .Q Cl) ° N 4-� - Cl) O O. N . N N Cl) L Z �� a) 4- U +' N O C CD O co 0 U U imiAttachment 4 - Page 59 ,,,,!gl\ of r ...,- j...., .Arit 1 :xi 1, 4 \ ., 4 A: . , 1 f,* 41/4 \ , . i i "• iN�F j.i. " A ♦ toi r. ( .' s h l Siting Guidelines i�' vEPA United States Environmental Protection Agency 6S 1 suogeaapisuoD etaa pa 3ugis 1eluatuuoavnug VI �...�..� .. x..., ,. ._ . \ (3.) 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' C O N a3 O t ' 0 • + O O oc 'r Q O Q o C co O 0 Q co,--/ L Q ro a c-•I Cl co U 73 F 'D 2 v, Q N co O 73 V 2 V' Q n3 O ■ ■ ■ ■ U CO 0 C O O C C C O = C O N Z 0 co U 0 C c+o y0 ? c .c - > • C .c P2 +.. O O C C T O OU C C -0 Cu Q 0 C O i >a Q = O c O O Q V)) (.7 Ou > v 2 < V)) l7 u0 > Vi m L C O a) O O a) U Y O C C .. O X 'C.; a' 0) vC, LO O N 0 cl) ca v' c o ' u a) a) O - L �o E. JN —C -0 C >> U Q.v, U ■ ■ a) co v, i 0 a) _'• 0 a) C �• N 4 C co v co c .Q U U l7 O -O4`o— 0 Attachment 5 AIR QUALITY AND LAND USE HANDBOOK: A COMMUNITY HEALTH PERSPECTIVE 140 're F e e '° r . e" � - e .e• '� - �I rte, •eR-_ April 2005 California Environmental Protection Agency California Air Resources Board Recommendation • Avoid siting new sensitive land uses within 300 feet of any dry cleaning operation. For operations with two or more machines provide 500 feet. For operations with 3 or more machines, consult with the local air district. • Do not site new sensitive land uses in the same building with perc dry cleaning operations. References • Proposed Amended Rule 1421 — Control of Perchloroethylene Emissions from Dry Cleaning Systems, Final Staff Report. South Coast AQMD. (October 2002) • Air Toxic Control Measure for Emissions of Perchloroethylene from Dry Cleaning Operations. ARB (1994) (http://www.arb.ca.gov/toxics/atcm/percatcm.htm) • "An Assessment of Tetrachloroethylene in Human Breast Milk", Judith Schreiber, New York State Department of Health — Bureau of Toxic Substance Assessment, Journal of Exposure Analysis and Environmental Epidemiology, Vol.2, Suppl.2, pp. 15-26, 1992. • Draft Air Toxics "Hot Spots"Program Perchloroethylene Dry Cleaner Industry- wide Risk Assessment Guidelines. (CAPCOA (November 2002) • Final Environmental Assessment for Proposed Amended Rule 1421 — Control of Perchloroethylene Emissions from Dry Cleaning Systems. South Coast AQMD. (October 18, 2002) Gasoline Dispensing Facilities Refueling at gasoline dispensing facilities\releases benzene into the air. Benzene is a potent carcinogen and is one of the highest risk air pollutants regulated by ARB. Motor vehicles and motor vehicle-related activity account for over 90 percent of benzene emissions in California. While gasoline-dispensing facilities account for a small part of total benzene emissions, near source exposures for large facilities can be significant. Since 1990, benzene in the air has been reduced by over 75 percent statewide, primarily due to the implementation of emissions controls on motor vehicle vapor recovery equipment at gas stations, and a reduction in benzene levels in gasoline. However, benzene levels are still significant. In urban areas, average benzene exposure is equivalent to about 50 in one million. Gasoline dispensing facilities tend to be located in areas close to residential and shopping areas. Benzene emissions from the largest gas stations may result in near source health risk beyond the regional background and district health risk thresholds. The emergence of very high gasoline throughput at large retail or Page 30 wholesale outlets makes this a concern as these types of outlets are projected to account for an increasing market share in the next few years. Key Health Findings Benzene is a human carcinogen identified by ARB as a toxic air contaminant. Benzene also can cause non-cancer health effects above a certain level of exposure. Brief inhalation exposure to high concentrations can cause central nervous system depression. Acute effects include central nervous system symptoms of nausea, tremors, drowsiness, dizziness, headache, intoxication, and unconsciousness. It is unlikely that the public would be exposed to levels of benzene from gasoline dispensing facilities high enough to cause these non- cancer health effects. Distance Related Findings A well-maintained vapor recovery system can decrease emissions of benzene by more than 90% compared with an uncontrolled facility. Almost all facilities have emission control systems. Air quality modeling of the health risks from gasoline dispensing facilities indicate that the impact from the facilities decreases rapidly as the distance from the facility increases. Statistics reported in the ARB's staff reports on Enhanced Vapor Recovery released in 2000 and 2002, indicated that almost 96 percent of the gasoline dispensing facilities had a throughput less than 2.4 million gallons per year. The remaining four percent, or approximately 450 facilities, had throughputs exceeding 2.4 million gallons per year. For these stations, the average gasoline throughput was 3.6 million gallons per year. Figure 1-6 Gasoline Dispensing Facility Health Risk for 3,600,000 gal/yr throughput c 15.0 0 10.0 ? 5.0 ie 0.0 0 100 200 300 400 500 Distance From Fenceline(feet) As shown in Figure 1-6, the risk levels for a gasoline dispensing facility with a throughput of 3.6 million gallons per year is about 10 in one million at a distance of 50 feet from the fenceline. However, as the throughput increases, the potential risk increases. Page 31 As mentioned above, air pollution levels in the immediate vicinity of large gasoline dispensing facilities may be higher than the surrounding area (although tailpipe emissions from motor vehicles dominates the health impacts). Very large gasoline dispensing facilities located at large wholesale and discount centers may dispense nine million gallons of gasoline per year or more. At nine million gallons, the potential risk could be around 25 in one million at 50 feet, dropping to about five in one million at 300 feet. Some facilities have throughputs as high as 19 million gallons. Recommendation • Avoid siting new sensitive land uses within 300 feet of a large gasoline dispensing facility (defined as a facility with a throughput of 3.6 million gallons per year or greater). A 50 foot separation is recommended for typical gas dispensing facilities. References • Gasoline Service Station Industry-wide Risk Assessment Guidelines. California Air Pollution Control Officers Association (December 1997 and revised November 1, 2001) • Staff Report on Enhanced Vapor Recovery. ARB (February 4, 2000) • The California Almanac of Emissions and Air Quality. ARB (2004) • Staff Report on Enhanced Vapor Recovery Technology Review. ARB (October 2002) Other Facility Types that Emit Air Pollutants of Concern In addition to source specific recommendations, Table 1-3 includes a list of other industrial sources that could pose a significant health risk to nearby sensitive individuals depending on a number of factors. These factors include the amount of pollutant emitted and its toxicity, the distance to nearby individuals, and the type of emission controls in place. Since these types of facilities are subject to air permits from local air districts, facility specific information should be obtained where there are questions about siting a sensitive land use close to an industrial facility. Potential Sources of Odor and Dust Complaints Odors and dust from commercial activities are the most common sources of air pollution complaints and concerns from the public. Land use planning and permitting processes should consider the potential impacts of odor and dust on surrounding land uses, and provide for adequate separation between odor and dust sources. As with other types of air pollution, a number of factors need to be considered when determining an adequate distance or mitigation to avoid odor or Page 32 Public comments for: LDC amendment 5.05.05 Automobile Service Stations /'.\ a. >1 a) tsc4 C s-D $, as a)) '' a) O 0 a)�O a) O ++" 0 E ) ad 4-4 4-4 U cl O O a) • b.0 0 0 O O O v y O ,, O 0 vi . a) U ) U .r O U o U + N O -o ) O 50 , •0 U ci)V O O N -9 4- , .,: . a) 4a te '• a) ' O ` O U^'-, " 4-C2 S + a `* m p �, A El .O � y � a> E. o '� N O O O E 2 • O O 'O cP F -0 ` 'U O a) p P ' -g y ��U� al cOC O 4, O „� E a Q -- O P O g 0 .� T3 at v] a) a) j to E " h a) o vi > ., O O .O 4, pM ad o U = p o QO'„ 0 — O bq O c6 5 f�, ¢, ^ .O O rn N •+'", vn + .0 c bA 801 = 9 & 4-i O 8 .b0 s. i T.') p ,1,3 tl) -a, .5 ao',73 p r4 0 +0 U O -o ro O 8 ° O O ° O•E ' - d]O v, N `n W W cd c''° O ) r O m • -c) O•- ' o 0 o 02 :p "4 0 o 6. 0 o o +0 � i cd 4 o • 7,1 o4 <+ es 0) a 0 I a`)) opa gC° aa)i _ -0 'to ° U .) - U c) O a ° a) O N ,cin 0 bn.d O a) O a) �o 0 -1 -O •O U to 04 t, v, cd 0 O (/) rn FnA a) rnri) g 0 g $ � p g o c) „4 V] U V] W • • „ • • • ,� 04 l) Li, a) r/) •cat fl r/1 p, vi �✓ a) ~ U O a) E D Q t7 ) , O O I.y U O , 71 E w 0 b • a O V a) cn U 0 o w E 44 0 C11 rn .0... 0 o �° U y I cr, , d- .. 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Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division, Public Services Division, and the University of Florida/IFAS Extension Office DEPARTMENT: Growth Management Division, Public Services Division, and the University of Florida/IFAS Extension Office AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendments LDC SECTION(S): 2.03.01 Agricultural Zoning Districts, 4.02.07 Standards for Keeping Animals 5.04.05 Temporary Events CHANGE: The proposed amendment seeks to amend and clarify the process for raising hogs in the Estates and Agricultural zoning districts in relation to the County's 4-H youth development programs. Currently, the LDC outlines that a temporary use permit must be granted by the Board of County Commissioners (BCC) in order to raise hogs in association with the 4-H Youth Development program. However, due to the number of families that participate in the program and the existing extensive approval process, it is proposed that the procedure is placed within the administrative functions of the 4-H Youth Development program. This will allow the program to maintain a yearly log of participants that have completed the 4-H educational courses and are raising hogs to show at the Collier County Fair or Immokalee Livestock show. The 4-H program will be responsible for coordinating with the Collier County Code Enforcement Department should a possible violation be identified. As a temporary permit will no longer be granted by the BCC, it is recommended that the provisions are located within the permitted Agricultural zoning district uses section for properties less than 20 acres and in the accessory uses section of the Estates zoning district. Previously, the LDC was silent as to the raising of hogs for 4-H programs on agriculturally zoned properties less than 20 acres; however, this is likely an oversight. It is noteworthy that there are no restrictions on the raising of hogs on agricultural zoned properties greater than 20 acres. The existing standards for the accessory use, such as number of acres required, setbacks, and distance from residential structures are provided within the respective use sections. In addition, it is proposed there is a limit of 1 hog per enrolled child in the 4-H program, as well as a limit of no more than 2 hogs per acre to address compatibility within the Estates District. In addition, LDC section 4.02.07 Standards for Keeping Animals has been modified to be consistent with the proposed amendments. REASON: The proposed amendment follows the Board's direction for a stay of enforcement regarding the raising of hogs in the Estates district in association with the 4-H program. There is 1 l:\2014 LDC Amendment Cycle 21Amendments\2.03.01 A.Ag Dists,4.02.07 Standards,5.04.05 Temporary Events hogs for CCPC 101614.docx 10/8/2014 5:37:26 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term no recent record of the Temporary Use permit being utilized by youth to participate in the 4-H program. The amendment seeks to streamline the process and assigns the 4-H program the responsibility to maintain the log of enrolled and approved participants. The proposed process is designed to be accessible and transparent for the community. Please see Attachment 1 for information about the 4-H Youth Development program. PUBLIC INFORMATION/COMMUNITY MEETINGS: A public information meeting (PIM) was held on Thursday, August 14, 2014 at the University of Florida IFAS Extension Collier County facility to seek public input. A short presentation was provided by staff regarding two of the LDC amendments. Following the presentation, two stations were set up, one for each LDC amendment and the public was able to ask staff questions one-on-one. The public was encouraged to provide written comments. Comments ranged from allowing hogs to be raised by all Estates residents to only allowing them only for 4-H youth. Others noted water quality concerns and setbacks for the premises. On Wednesday, September, 17, 2014 staff attended the Golden Gate Estate Area Civic Association's evening meeting and provided a short presentation on the amendment. Staff answered questions and solicited public input. On Thursday, October 9, 2014 at 5:30 pm staff held a PIM at the Growth Management Division to allow for public comments. Staff answered questions on an individual basis and solicited public input. Please see the Public Comments for the 2014 Out of Cycle LDC Amendments for all public comments. Due to the proximity of the PIM on October 9th to the Planning Commission submission` deadline, any additional public comments will be provided at the Planning Commission meeting on October 16th. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal and operational impacts to the County. RELATED CODES OR REGULATIONS: Administrative Code for Land Development. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The subcommittee recommended approval of the proposed text and identified that the following should be noted for consideration by reviewing entities prior to adoption: 1. There are lots in the Estate District that are below 1.25 acres, such as those that are 1.14 acres (75 feet wide, 660 feet depth). The proposed language would not allow for hogs to be raised on these lots in coordination with the 4H program. 2 l:\2014 LDC Amendment Cycle 2\Amendments\2.03.01 A.Ag Dists,4.02.07 Standards,5.04.05 Temporary Events hogs for CCPC 101614.docx 10/8/2014 5:37:26 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 2. Consideration should be given to recommending or requiring a 75 foot setback in the Estates District from a potable water well (including a neighboring well) in order to prevent the potential contamination of a well head. There is no minimum acreage requirement for raising hogs on agriculturally zoned properties, although the Estate District requires a minimum of 1.25 acres to raise hogs with the 4H program. Further, there are a handful of smaller agriculturally zoned properties that are west of 1-75 which could potentially be used for the raising of hogs in coordination with the 4H program. Please see Attachment 2 for a map of the Estate and Agricultural Zoning Districts. DSAC RECOMMENDATION: The Development Services Advisory Committee supports DSAC-LDR Subcommittee' recommendation. If applicable, include Future Farmers of America as having the ability to raise hogs for the Collier County Fair and Immokalee Livestock show as well OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, July 31, 2014, August 14, 2014, September 17, 2014, September 19, 2014, October 1, 2014. Amend the LDC as follows: 1 2.03.01 Agricultural Zoning Districts .- . 2 3 A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) 4 is to provide lands for agricultural, pastoral, and rural land uses by accommodating 5 traditional agricultural, agricultural related activities and facilities, support facilities related 6 to agricultural needs, and conservation uses. Uses that are generally considered 7 compatible to agricultural uses that would not endanger or damage the agricultural, 8 environmental, potable water, or wildlife resources of the County, are permissible as 9 conditional uses in the A district. The A district corresponds to and implements the 10 Agricultural/Rural land use designation on the future land use map of the Collier County 11 GMP, and in some instances, may occur in the designated urban area The maximum 12 density permissible in the rural agricultural district within the urban mixed use district 13 shall be guided, in part, by the density rating system contained in the future land use 14 element of the GMP. The maximum density permissible or permitted in A district shall 15 not exceed the density permissible under the density rating system. The maximum 16 density permissible in the A district within the agricultural/rural district of the future land 17 use element of the Collier County GMP shall be consistent with and not exceed the 18 density permissible or permitted under the agricultural/rural district of the future land use 19 element. 20 1. The following subsections identify the uses that are permissible by right and the 21 uses that are allowable as accessory or conditional uses in the rural 22 agricultural district (A). 23 a. Permitted uses. 24 1. Single-family dwelling. 25 2. Agricultural activities, including, but not limited to: Crop raising; 26 horticulture; fruit and nut production; forestry; groves; nurseries; 27 ranching; beekeeping; poultry and egg production; milk 28 production; livestock raising, and aquaculture for native species 3 1:\2014 LDC Amendment Cycle 2\Amendments\2.03.01 A.Ag Dists,4.02.07 Standards,5.04.05 Temporary Events hogs for CCPC 101614.docx 10/8/2014 5:37:26 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 subject to Florida Fish and Wildlife Conservation Commission 2 permits. 3 i. The following permitted uses shall only be allowed on 4 parcels 20 acres in size or greater: 5 a) dairying; 6 b) ranching; 7 c) poultry and egg production; 8 d) milk production; 9 e) livestock raising; and 10 f) animal breeding, raising, training, stabling or 11 kenneling. 12 ii. On parcels less than 20 acres in size, individual property 13 owners are not precluded from the keeping of the following 14 for personal use and not in association with a commercial 15 agricultural activity provided there are no open feed lots: 16 a) Fowl or poultry, not to exceed 25 in total number; 17 and 18 b) Horses and livestock (except for hogs) not to 19 exceed two such animals for each acre. 20 i. Notwithstanding the above, hog(s) may be 21 kept for 16 week period in preparation for 22 showing and sale at the annual Collier 23 County Fair and/or the Immokalee Livestock 24 show. The following standards shall apply: 25 a) One hog per child enrolled in a 4-H 26 Youth Development Program is 27 permitted. In no case shall there be 28 more than 2 hogs per acre. 29 b) Premises shall be fenced and 30 maintained in a clean, healthful, and 31 sanitary condition. 32 c) Premises or roofed structure used 33 for the sheltering, feeding, or 34 confinement of such animals shall 35 be setback a minimum of 30 feet 36 from lot lines and a minimum of 100 37 feet from any dwelling unit on an 38 adjacent parcel of land. 39 d) Hog(s) shall not be returned to the 40 property once removed for showing 41 and/or sale. 42 3. Wholesale reptile breeding and raising (non-venomous), subject to 43 the following standards: 44 i. Minimum 20 acre parcel size; 45 ii. Any roofed structure used for the shelter and/or feeding of 46 such reptiles shall be located a minimum of 100 feet from 47 any lot line. 48 4. Wildlife management; plant and wildlife conservancies, wildlife 49 refuges and sanctuaries. 50 5. Conservation uses. 51 6. Oil and gas exploration subject to state drilling permits and 52 Collier County site development plan review procedures. 4 1:\2014 LDC Amendment Cycle 2\Amendments\2.03.01 A.Ag Dists,4.02.07 Standards,5.04.05 Temporary Events hogs for CCPC 101614.docx 10/8/2014 5:37:26 PM Text underlined is new text to be added. Bold text indicates a defined term ---' 1 7. Family care facilities, subject to section 5.05.04 2 8. Communications towers up to specified height, subject to section 3 5.05.09 4 9. Essential services, as set forth in section 2.01.03 5 10. Schools, public, including "Educational plants." 6 * * * * * * * * * * * * * 7 B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands 8 for low density residential development in a semi-rural to rural environment, with 9 limited agricultural activities. In addition to low density residential development with 10 limited agricultural activities, the E district is also designed to accommodate as 11 conditional uses, development that provides services for and is compatible with the 12 low density residential, semi-rural and rural character of the E district. The E district 13 corresponds to and implements the estates land use designation on the future land use 14 map of the Collier County GMP, although, in limited instances, it may occur outside of 15 the estates land use designation. The maximum density permissible in the E district 16 shall be consistent with and not exceed the density permissible or permitted under the 17 estates district of the future land use element of the Collier County GMP as provided 18 under the Golden Gate Master Plan. 19 1. The following subsections identify the uses that are permissible by right and the 20 uses that are allowable as accessory or conditional uses in the estates district 21 (E). 22 a. Permitted uses. 23 1. Single-family dwelling. 24 2. Family care facilities, subject to section 5.05.04 25 3. Essential services, as set forth in section 2.01.03 26 4. Schools, public, including "Educational plants." 27 b. Accessory Uses. 28 1. Uses and structures that are accessory and incidental to uses 29 permitted as of right in the (E) district. 30 2. Field crops raised for the consumption by persons residing on the 31 premises. 32 3. Keeping of fowl or poultry, not to exceed 25 in total number, 33 provided such fowl or poultry are kept in an enclosure located a 34 minimum of 30 feet from any lot line, and a minimum of 100 feet 35 from any residence on an adjacent parcel of land. 36 4. Keeping of horses and livestock (except for hogs), not to exceed 37 two such animals for each acre, and with no open feedlots. Any 38 roofed structure for the shelter and feeding of such animals shall 39 be a minimum of 30 feet from any lot line and a minimum of 100 40 feet from any residence on an adjacent parcel of land. 41 i. Notwithstanding the above, hog(s) may be kept for a 16 42 week period in preparation for showing and sale at the 43 annual Collier County Fair and/or the Immokalee Livestock 44 show. The following standards shall apply: 45 a) One hog per child enrolled in a 4-H Youth 46 Development Program is permitted on lots/parcels 47 on 1.25 acres and greater. In no case shall there be 48 more than 2 hogs per acre. — 49 b) Premises shall be fenced and maintained in a 50 clean, healthful, and sanitary condition. 5 1:\2014 LDC Amendment Cycle 2\Amendments\2.03.01 A.Ag Dists,4.02.07 Standards, 5.04.05 Temporary Events hogs for CCPC 101614.docx 10/8/2014 5:37:26 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 c) Premises or roofed structure used for the -- 2 sheltering, feeding, or confinement of such animals 3 shall be setback a minimum of 30 feet from lot 4 lines and a minimum of 100 feet from any dwelling 5 unit on an adjacent parcel of land. 6 d) Hoq(s) shall not be returned to the property once 7 removed for showing and/or sale. 8 !- - - - - e . -- - -•e e -- - -- _• .9A.,"... 9 D.1. provides for the issuance of a 16 week temporary use 10 permit (TUP) to keep a maximum of 2 hogs while engaged 11 - - -- - - e.. : -- •-- - -- - # # # # # # # # # # # # # 12 13 4.02.07 Standards for Keeping Animals 14 Zoning District Maximum Number of Animals A Agricultural Poultry or fowl—Total of 25 Individual property owner) On parcels less Horses and livestock-2 per acre than 20 acres Hogs—None? Estates Poultry or fowl—Total of 25' Horses and livestock-2 per acre' Hogs—Non& 15 Enclosures shall be a minimum of thirty (30) feet from any lot line, and a minimum of 100 feet 16 from any residence on an adjacent parcel_. _ 17 2 See LDC section 2.03.01 A.1.a.2.ii.b.i 18 3 See LDC section 2.03.01 B.1.b.4.i. # # # # # # # # # # # # # 19 20 5.04.05 Temporary Events 21 * * * * * * * * * * * * * 22 D. Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may, 23 from time to time, be called upon to allow certain uses for specific periods of time. After 24 public hearing, the County Manager or designee may issue a Temporary Use Permit 25 upon receipt of satisfactory evidence that all stipulations and/or requirements have been 26 satisfied. 2 7 _:• e- • - e- - •- . - __ •-• ' e e - • . • •-• ---. - - - .1 . -- _- --• 28 - - - - --- - - -- - -- , - _ '29 - ---• - - - - - ' , • - '-- - - - - e - - • ' - 30 annual Collier County Fair. 31 a. Pastures shall be fenced and maintained. Any roofed structure used for 32 -- - - -- - _ - - • - - - - 33 a minimum of 30 feet from lot lines and a minimum of 100 feet from any 34 residence on an adjacent parcel of land. 35 e. _ - , - - - -- - - • - • - • - '-•, • - , 36 and sanitary condition. 37 -• a-_ -• - •- e -•e - --38 to the proper„ _ 39 d. This permit may be revoked with cause. # # # # # # # # # # # # # 6 l:\2014 LDC Amendment Cycle 2\Amendments\2.03.01 A.Ag Dists,4.02.07 Standards,5.04.05 Temporary Events hogs for CCPC 101614.docx 10/8/2014 5:37:26 PM Attachment 1 For information on the 4-H program, please visit the Land Development Code website: www.colliergove.net/Idcamendments Click on the "2014 Out of Cycle Land Development Code Amendments" link. Attachment 3 under the respective amendment contains the"4-H Market Swine Project Reference Guide" used by Collier County's program. 1 S 917 1 I S 2171 I S 2171 ' S 6.171 I 5 091 I S 641 ' S ZS± ' S£91 Attachment 2 Z 1�1 iiao.lumnleN rmrrmrnmilrnmlrtsmurouulmr[rirnminminminl trn7nrwumrnml1riiimrnmrumalrn - W 0 i W co N M co It CC - cc W ^O vl C N m ,Em - ,3 W co c0 Z w w E K , co CC a A m w 0 1 N W Q W U 2 i J r4 r:4 W — I , W NI eC z ; f 2 I I W to = cc I M r. f I W - O • U7 O W III I CA M as IX : er r It_.... _ 6;:MS , W W I L , 41 e . • a.. W• • rz ' .Se915 1'� "• N 6:LS O N fx "'. . �4 I .V. Lz• ' a""taaIIIIIIIPIIIIIIEMIA I I • .-.) ,,,,t •c 00 I F 3 N nA18 010530 S 0A18 010S3a 11''j lJ r N CC z 3 0 �v+!t. W. *if 'x,ieT.'S1; 2?'� N aA18 S30-10113/0 S 0.518 S30Yl0712 3 '4'�" W ' Ii I l — I b W 1 t �¶ NO BNOSUM 1 N LLL...JJJ e6fa W IIIII 51111 IC4 II. - NIL' Ii'h7aX 11103 j ^I�f�r S^% W •< LOGt BL1'DN �R�I '•'S;Ty_n.l']l of C `7n° N _o_-- ', R ® ®® �l �n 0.0 - ®_� 5C0L�lE IL rn v'� o v �� =/ �' W co co N =,-5,..1 - u'i cf ... U i Q CC , ,,,,,.,,„N• In o U t�`' T Q S CJ Z r VICe N .a. - (pts o Y��u ,�a r S941 1 SLbl 1 S8ti1 i S 617 1 5051 1 S 691 1 S391 1 S£91 1 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendments LDC SECTION(S): 2.03.01 Agricultural Districts CHANGE: Currently, the LDC allows for the raising of field crops for the consumption of persons residing on the premises in the Estates zoning district as an accessory use. The proposed amendment seeks to amend the Estates zoning district accessory use section to allow for the residents to grow fruits, vegetables and nursery plants for both personal consumption and off-site retail sale, such as at farmer's markets. The proposed amendment establishes that commercial farm enterprises are subject to site design standards and a Home Occupational license as established in LDC section 5.02.00. The LDC states that the purpose and intent of the Estates District (E) is to provide land for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to the existing accessory use permitting the raising of crops for personal consumption, other agricultural accessory uses in the Estates district include the following. • Keeping of fowl or poultry, not to exceed 25 in total number,provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. • Keeping of horses and livestock(except hogs),not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. o On lots/parcels of 1.25 acres and greater, LDC section 5.04.05 D.1. provides for the issuance of a 16-week temporary use permit to keep a maximum of 2 hogs while engaged in a bona fide 4-H youth development program. • Excavation and related processing and production subject to the following criteria: o These activities are incidental to the permitted uses on site o The total amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining,pursuant to the procedures and conditions set forth in section 10.08.00. I:\2014 LDC Amendment Cycle 2Wmendments\2.03.01B.1 b Estates Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Several communities in Florida have zoning districts that allow for residential and agricultural uses. For example, Hardee County has established a Farm-Residential zoning district in LDC section 2.29.02.04 with the primary purpose to ... `provide areas in Hardee County for very low density residential development in combination with limited agriculture,public and community services, infra-structure, and recreation and open space land uses. In accordance with the Hardee County Comprehensive Plan, residential development may be single-family attached or detached dwellings, and farmworker housing development at a permitted density of not more than one dwelling unit per gross acre. " The minimum lot size is 1 acre and allows for citrus grove/orchard, forestry, truck farming/row cropping, sod farm, tree farm/plant nursery(wholesale/retail), and ranching/pasturing. (Hardee Land Development Code Tables 2.29.02 (A) and 2.29.02(C)) This district also allow for produce sales: Excess produce and other products agricultural in nature and harvested from orchards, vineyards, nurseries, ornamental horticultural areas, groves, noncommercial greenhouses, etc. as well as excess produce, etc. harvested from any commercial farm, may be sold on the premises to the general public by means of a roadside stand or similar structure. All setbacks must be a minimum of 50 feet from the front property line. Other setbacks will be observed as is required for an accessory structure. Palm Beach County has established an Agricultural Residential zoning district. Pursuant to Article 3 - Overlays and Zoning Districts- Chapter C Standard Districts - Section 1.0 of the Unified Development Code the purpose of the Agricultural Residential district is "... to protect and enhance the rural lifestyle and the quality of life of the residents in areas designated rural residential, to protect watersheds and water supplies, wilderness and scenic areas, conservation and wildlife areas, and to permit a variety of uses that require non-urban locations but do not operate to the detriment of adjoining land devoted to rural and residential purposes. Bona fide agricultural uses, community gardens, and agricultural storage are permitted in this zoning district A.special permit is required to operate a produce stand. " This amendment replaces the term "field crops" with "fruits and vegetables" in order to better describe the type of plants that can be grown in Southwest Florida. Further, during the development process of the amendment, one of the Collier County Commissioners suggested adding the term "nursery plants." The term "nursery plants" is intended to include food plants, ornamental trees, shrubs, flowers, etc. For the commercial agricultural accessory use, several dimensional criteria are proposed to address compatibility with the residential use in the Estates zoning district. This includes 1) establishing that farm operations shall not occupy more than 50 percent of the lot and 2) that farm operations shall be 30 feet from any property line. In addition, the existing LDC section for clearing vegetation in the Estates district has been included. The proposed standards are designed to address increases in vegetation clearing, fertilizer and pesticide use, and compatibility within the zoning district which were brought up during the August 14th Public Information Meeting at the University of Florida IFAS Extension Collier County facility. Please see Attachment 1 for graphics that illustrate the Estate lot dimensions and sizes. l:\2014 LDC Amendment Cycle 2\Amendments\2.03.01B.1.b Esta�es Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Bold text indicates a defined term The proposed amendment subjects farm operations to a Home Occupational license. LDC section 5.02.00—Home Occupations establishes the following standards: 5.02.01 Applicability Home occupations shall be allowed in any zoning district which permits residential dwellings as a permitted use. 5.02.02 Allowable Home Occupation Uses There shall be no retail sale of materials, goods, or products from the premises. 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on-site or off-site advertising signs. C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated there from who are not residing at the subject address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in,the County Code. F. The on-site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. G. The on-site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on-site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. I. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50)percent of the total square footage of the lot may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. The proposed use supports r and advances sustainability measures in several ways. First, it supports the continuation of at home sustainable practices, such as growing food for persons residing on site. It also supports the "Buy Fresh, Buy Local" practices and opens up opportunities for small business and home occupations. In the future, commercial farm operations which seek an Agricultural Classification from the Collier County Tax Appraiser may qualify for the Right to Farm Act as established by the Florida Statutes. l:\2014 LDC Amendment Cycle 2\Amendments\2.03.01B.1.b Estafes Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term REASON: The proposed amendment follows the Board's direction to allow for expanded agricultural uses in the Estates zoning district and to allow for sale of local produce at farmer's markets. PUBLIC INFORMATION/COMMUNITY MEETINGS: A public information meeting (PIM) was held on Thursday, August 14, 2014 at the University of Florida IFAS Extension Collier County facility to seek public input. A short presentation was provided by staff regarding two of the LDC amendments. Following the presentation, two stations were set up, one for each LDC amendment, and the public was able to ask staff questions one-on-one. The public was encouraged to provide written comments at the meeting. Two main issues arose from the public: 1) Setbacks were not identified for nonconforming lots and 2) The use of fertilizer and pesticides for commercial production of plants could impact water quality and potentially neighboring wells in the Estates district. The setback section of the proposed language was amended following the PIM on August 14, 2014. The revised language identifies that setbacks shall follow the minimum setback requirements for all conforming and nonconforming lots as established in LDC section 2.03.01 and LDC section 4.02.01 Table 2.1. However, the setbacks for the proposed accessory use shall be no greater than 30 feet. This caveat will ensure the 30 foot requirement is applied rather than the 75 foot minimum front and rear setback requirement for conforming lots in the Estates district. The issue of fertilizer and pesticide application is mitigated, in part, by the setback requirements. On Wednesday, September, 17, 2014 staff attended the Golden Gate Estate Area Civic Association's evening meeting and provided a short presentation on the amendment. Staff answered questions on an individual basis and solicited public input. On Thursday, October 9,2014 staff held a PIM at the Growth Management Division to allow for public comments. Staff answered questions on an individual basis. Please see the Public Comments for the 2014 Out of Cycle LDC Amendments for all public comments. Due to the proximity of the PIM on October 9th to the Planning Commission submission deadline, any additional public comments will be provided at the Planning Commission meeting on October 16tH FISCAL & OPERATIONAL IMPACTS: Following one year from the effective date of the amending ordinance, farm operations which seek an Agricultural Classification from the Collier County Tax Appraiser may qualify for the Right to Farm Act as established by the Florida Statutes and may become eligible for protections afforded under the Act. However, the intent of the amendment is to propose a limited commercial agricultural accessory use. Further, property owners will have the ability to qualify land in production as a bona fide commercial farm with the Collier County Property Appraiser and this may have some impact on the county's tax base. RELATED CODES OR REGULATIONS: LDC section 5.02.00 Home Occupations. l:\2014 LDC Amendment Cycle 2Wmendments\2.03.01B.1.b Estates Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The subcommittee reviewed the proposed language on Wednesday, September 24, 2014 and recommended approval of the proposed amendment as written. DSAC RECOMMENDATION: DSAC reviewed the proposed language on Wednesday, October 1st and recommended approval of the proposed amendment as written. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, LDC Coordinator July 29, 2014, Revised August 13, 2014, September 19, 2014, and September 24, 2014. Amend the LDC as follows: 2.03.01 Agricultural Districts. * * * * * 1 B. Estate District (E). The purpose and intent of the estates district(E) is to provide lands 2 for low density residential development in a semi-rural to rural environment, with 3 limited agricultural activities. In addition to low density residential development with 4 limited agricultural activities, the E district is also designed to accommodate as 5 conditional uses, development that provides services for and is compatible with the 6 low density residential, semi-rural and rural character of the E district. The E district 7 corresponds to and implements the estates land use designation on the future land use 8 map of the Collier County GMP, although, in limited instances, it may occur outside of 9 the estates land use designation. The maximum density permissible in the E district 10 shall be consistent with and not exceed the density permissible or permitted under the 11 estates district of the future land use element of the Collier County GMP as provided 12 under the Golden Gate Master Plan. 13 1. The following subsections identify the uses that are permissible by right and the 14 uses that are allowable as accessory or conditional uses in the estates district 15 (E). 16 a. Permitted uses. 17 1. Single-family dwelling. 18 2. Family care facilities, subject to section 5.05.04 19 3. Essential services, as set forth in section 2.01.03 20 4. Schools, public, including "Educational plants." 21 b. Accessory Uses. 22 1. Uses and structures that are accessory and incidental to uses 23 permitted as of right in the (E) district. 24 2. Field crops raised for the consumption by persons residing on the 25 premises, 26 2. Fruits, vegetables, and nursery plants grown for both personal 27 consumption and off-site retail sale, such as farmer's markets. 28 Farm operations that grow fruits, vegetables, and nursery plants 29 for off-site retail sale shall be subject to LDC section 5.02.00 30 Home Occupations, as amended, and the following standards: 31 i. Farm operations shall not occupy more than 50 percent of 32 the lot. I:\2014 LDC Amendment Cycle 2\Amendments\2.03.01B.1.b Estafes Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 33 ii. Farm operations shall conform to minimum setbacks 34 established in LDC sections 2.03.01 B.2 and 35 4.02.01 A. Table 2.1, however, no side, rear or front 36 setbacks are required greater than 30 feet. 37 iii. Vegetation removal for farm operations shall be subject to 38 LDC section 3.05.05 F, as amended. 39 3. Keeping of fowl or poultry, not to exceed 25 in total number, 40 provided such fowl or poultry are kept in an enclosure located a 41 minimum of 30 feet from any lot line, and a minimum of 100 feet 42 from any residence on an adjacent parcel of land. 43 4. Keeping of horses and livestock (except for hogs), not to exceed 44 two such animals for each acre, and with no open feedlots. Any 45 roofed structure for the shelter and feeding of such animals shall 46 be a minimum of 30 feet from any lot line and a minimum of 100 47 feet from any residence on an adjacent parcel of land. 48 i. On lots/parcels of 1.25 acres and greater, section 5.04.05 49 D.1. provides for the issuance of a 16-week temporary use 50 permit (TUP)to keep a maximum of 2 hogs while engaged 51 in a bona fide 4-H youth development program. 52 5. One guesthouse, subject to section 5.03.03 53 6. Recreational facilities that serve as an integral part of a residential 54 development and have been designated, reviewed and approved 55 on a site development plan or preliminary subdivision plat for 56 that development. Recreational facilities may include but are not 57 limited to golf course, clubhouse, community center building and 58 tennis facilities, parks, playgrounds and playfields. 59 7. Excavation and related processing and production subject to the 60 following criteria: 61 i. These activities are incidental to the permitted used onsite. 62 ii. The amount of excavated material to be removed from the 63 site cannot exceed 4,000 cubic yards total. Amounts in 64 excess of 4,000 cubic yards shall require conditional use 65 approval for earth mining, pursuant to the procedures and 66 conditions set forth in section 10.08.00 67 c. Conditional uses. For Estates zoning within the Golden Gate Estates 68 subdivision, the Golden Gate Area Master Plan in the GMP restricts the 69 location of conditional uses. The following uses are permissible as 70 conditional uses in the estates district (E), subject to the standards and 71 procedures established in section 10.08.00 72 1. Churches. 73 2. Social and fraternal organizations. 74 3. Child care centers and adult day care centers. 75 4. Schools, private. 76 5. Group care facilities (category I); care units, subject to the 77 provisions of subsection 2.03.01 B.3.f; nursing homes; assisted 78 living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; 79 and continuing care retirement communities pursuant to § 651 80 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 81 6. Group care facilities (category II) care units subject to section 82 5.05.04 only when tenancy of the person or persons under care 83 would not: l.\2014 LDC Amendment Cycle 2\Amendments\2.03.01 B.1.b Esta6es Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term --- 84 i. Constitute a direct threat to the health or safety of other 85 individuals; 86 ii. Result in substantial physical damage to the property of 87 others; or 88 iii. Result in the housing of individuals who are engaged in the 89 current, illegal use of or addiction to a controlled 90 substance, as defined in section 802 of title 21, U.S. Code. 91 7. Extraction or earthmining, and related processing and production 92 not incidental to the development of the property subject to the 93 following criterion and subsection 4.02.02 C. 94 i. The site area shall not exceed 20 acres 95 8. Essential services, as set forth in subsection 2.01.03 G. 96 9. Model homes and model sales centers, subject to compliance with 97 all other LDC requirements, to include but not limited to section 98 5.04.04 99 10. Ancillary plants. 100 d. Prohibited uses. 101 1. Owning, maintaining or operating any facility or part thereof for the 102 following purposes is prohibited: 103 i. Fighting or baiting any animal by the owner of such facility 104 or any other person or entity. 105 ii. Raising any animal or animals intended to be ultimately 106 used or used for fighting or baiting purposes. 107 iii. For purposes of this subsection, the term baiting is defined 108 as set forth in F.S. § 828.122(2)(a), as it may be amended 109 from time to time. # # # # # # # # 1:\2014 LDC Amendment Cycle 2\Amendments\2.03.01 B.1.b Estates Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendments LDC SECTION(S): 2.03.01 Agricultural Districts CHANGE: Currently, the LDC allows for the raising of field crops for the consumption of persons residing on the premises in the Estates zoning district as an accessory use. The proposed amendment seeks to amend the Estates zoning district accessory use section to allow for the residents to grow fruits, vegetables and nursery plants for both personal consumption and off-site retail sale, such as at farmer's markets. The proposed amendment establishes that commercial farm enterprises are subject to site design standards and a Home Occupational license as established in LDC section 5.02.00. The LDC states that the purpose and intent of the Estates District (E) is to provide land for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to the existing accessory use permitting the raising of crops for personal consumption, other agricultural accessory uses in the Estates district include the following. • Keeping of fowl or poultry,not to exceed 25 in total number,provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. • Keeping of horses and livestock(except hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. o On lots/parcels of 1.25 acres and greater, LDC section 5.04.05 D.1. provides for the issuance of a 16-week temporary use permit to keep a maximum of 2 hogs while engaged in a bona fide 4-H youth development program. • Excavation and related processing and production subject to the following criteria: o These activities are incidental to the permitted uses on site o The total amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining,pursuant to the procedures and conditions set forth in section 10.08.00. 1:\2014 LDC Amendment Cycle 21Amendments\2.03.01 B.1.b Estates Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Bold text indicates a defined term Several communities in Florida have zoning districts that allow for residential and agricultural uses. For example, Hardee County has established a Farm-Residential zoning district in LDC section 2.29.02.04 with the primary purpose to ... `provide areas in Hardee County for very low density residential development in combination with limited agriculture,public and community services, infra-structure, and recreation and open space land uses. In accordance with the Hardee County Comprehensive Plan, residential development may be single-family attached or detached dwellings, and farm-worker housing development at a permitted density of not more than one dwelling unit per gross acre. " The minimum lot size is 1 acre and allows for citrus grove/orchard, forestry, truck farming/row cropping, sod farm, tree farm/plant nursery(wholesale/retail), and ranching/pasturing. (Hardee Land Development Code Tables 2.29.02 (A) and 2.29.02(C)) This district also allow for produce sales: Excess produce and other products agricultural in nature and harvested from orchards, vineyards, nurseries, ornamental horticultural areas, groves, noncommercial greenhouses, etc. as well as excess produce, etc. harvested from any commercial farm, may be sold on the premises to the general public by means of a roadside stand or similar structure. All setbacks must be a minimum of 50 feet from the front property line. Other setbacks will be observed as is required for an accessory structure. Palm Beach County has established an Agricultural Residential zoning district. Pursuant to Article 3 - Overlays and Zoning Districts- Chapter C Standard Districts - Section 1.0 of the Unified Development Code the purpose of the Agricultural Residential district is "... to protect and enhance the rural lifestyle and the quality of life of the residents in areas designated rural residential, to protect watersheds and water supplies, wilderness and scenic areas, conservation and wildlife areas, and to permit a variety of uses that require non-urban locations but do not operate to the detriment of adjoining land devoted to rural and residential purposes. Bona fide agricultural uses, community gardens, and agricultural storage are permitted in this zoning district. A special permit is required to operate a produce stand " This amendment replaces the term "field crops" with "fruits and vegetables" in order to better describe the type of plants that can be grown in Southwest Florida. Further, during the development process of the amendment, one of the Collier County Commissioners suggested adding the term "nursery plants." The term "nursery plants" is intended to include food plants, ornamental trees, shrubs, flowers, etc. For the commercial agricultural accessory use, several dimensional criteria are proposed to address compatibility with the residential use in the Estates zoning district. This includes 1) establishing that farm operations shall not occupy more than 50 percent of the lot and 2) that farm operations shall be 30 feet from any property line. In addition, the existing LDC section for clearing vegetation in the Estates district has been included. The proposed standards are designed to address increases in vegetation clearing, fertilizer and pesticide use, and compatibility within the zoning district which were brought up during the August 14th Public Information Meeting at the University of Florida IFAS Extension Collier County facility. Please see Attachment 1 for graphics that illustrate the Estate lot dimensions and sizes. I:\2014 LDC Amendment Cycle 21Amendments12.03.01 B.1.b Estafes Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term The proposed amendment subjects farm operations to a Home Occupational license. LDC section 5.02.00—Home Occupations establishes the following standards: 5.02.01 Applicability Home occupations shall be allowed in any zoning district which permits residential dwellings as a permitted use. 5.02.02 Allowable Home Occupation Uses There shall be no retail sale of materials, goods, or products from the premises. 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on-site or off-site advertising signs. C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated there from who are not residing at the subject address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on-site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. G. The on-site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on-site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. I. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty(50)percent of the total square footage of the lot may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. The proposed use supports!and advances sustainability measures in several ways. First, it supports the continuation of at home sustainable practices, such as growing food for persons residing on site. It also supports the "Buy Fresh, Buy Local" practices and opens up opportunities for small business and home occupations. In the future, commercial farm operations which seek an Agricultural Classification from the Collier County Tax Appraiser may qualify for the Right to Farm Act as established by the Florida Statutes. 1:\2014 LDC Amendment Cycle 2\Amendments\2.03.01B.1 b Estafes Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term REASON: The proposed amendment follows the Board's direction to allow for expanded agricultural uses in the Estates zoning district and to allow for sale of local produce at farmer's markets. PUBLIC INFORMATION/COMMUNITY MEETINGS: A public information meeting (PIM) was held on Thursday, August 14, 2014 at the University of Florida IFAS Extension Collier County facility to seek public input. A short presentation was provided by staff regarding two of the LDC amendments. Following the presentation, two stations were set up, one for each LDC amendment, and the public was able to ask staff questions one-on-one. The public was encouraged to provide written comments at the meeting. Two main issues arose from the public: 1) Setbacks were not identified for nonconforming lots and 2) The use of fertilizer and pesticides for commercial production of plants could impact water quality and potentially neighboring wells in the Estates district. The setback section of the proposed language was amended following the PIM on August 14, 2014. The revised language identifies that setbacks shall follow the minimum setback requirements for all conforming and nonconforming lots as established in LDC section 2.03.01 and LDC section 4.02.01 Table 2.1. However, the setbacks for the proposed accessory use shall be no greater than 30 feet. This caveat will ensure the 30 foot requirement is applied rather than the 75 foot minimum front and rear setback requirement for conforming lots in the Estates district. The issue of fertilizer and pesticide application is mitigated, in part, by the setback requirements. On Wednesday, September, 17, 2014 staff attended the Golden Gate Estate Area Civic Association's evening meeting and provided a short presentation on the amendment. Staff answered questions on an individual basis and solicited public input. On Thursday, October 9,2014 staff held a PIM at the Growth Management Division to allow for public comments. Staff answered questions on an individual basis. Please see the Public Comments for the 2014 Out of Cycle LDC Amendments for all public comments. Due to the proximity of the PIM on October 9th to the Planning Commission submission deadline, any additional public comments will be provided at the Planning Commission meeting on October 16t. FISCAL & OPERATIONAL IMPACTS: Following one year from the effective date of the amending ordinance, farm operations which seek an Agricultural Classification from the Collier County Tax Appraiser may qualify for the Right to Farm Act as established by the Florida Statutes and may become eligible for protections afforded under the Act. However, the intent of the amendment is to propose a limited commercial agricultural accessory use. Further, property owners will have the ability to qualify land in production as a bona fide commercial farm with the Collier County Property Appraiser and this may have some impact on the county's tax base. RELATED CODES OR REGULATIONS: LDC section 5.02.00 Home Occupations. l:\2014 LDC Amendment Cycle 21Amendments\2.03.01 B.1.b Estates Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The subcommittee reviewed the proposed language on Wednesday, September 24, 2014 and recommended approval of the proposed amendment as written. DSAC RECOMMENDATION: DSAC reviewed the proposed language on Wednesday, October 1St and recommended approval of the proposed amendment as written. OTHER NOTES/VERSION DATE: Prepared by CarolineCilek, LDC Coordinator July 29, 2014, Revised August 13, 2014, September 19, 2014, and September 24, 2014. Amend the LDC as follows: 2.03.01 Agricultural Districts. * * * * ` * 1 B. Estate District(E). The purpose and intent of the estates district(E) is to provide lands 2 for low density residential development in a semi-rural to rural environment, with 3 limited agricultural activities. In addition to low density residential development with 4 limited agricultural activities, the E district is also designed to accommodate as 5 conditional uses, development that provides services for and is compatible with the 6 low density residential, semi-rural and rural character of the E district. The E district 7 corresponds to and implements the estates land use designation on the future land use 8 map of the Collier County GMP, although, in limited instances, it may occur outside of 9 the estates land use designation. The maximum density permissible in the E district 10 shall be consistent with and not exceed the density permissible or permitted under the 11 estates district of the future land use element of the Collier County GMP as provided 12 under the Golden Gate Master Plan. 13 1. The following subsections identify the uses that are permissible by right and the 14 uses that are allowable as accessory or conditional uses in the estates district 15 (E). 16 a. Permitted uses 17 1. Single-family dwelling. 18 2. Family care facilities, subject to section 5.05.04 19 3. Essential services, as set forth in section 2.01.03 20 4. Schools, public, including "Educational plants." 21 b. Accessory Uses. 22 1. Uses and structures that are accessory and incidental to uses 23 permitted as of right in the (E) district. 24 - - - - - - -- - - - - - - - - -- 25 premises 26 2. Fruits, vegetables, and nursery plants grown for both personal 27 consumption and off-site retail sale, such as farmer's markets. 28 Farm operations that grow fruits, vegetables, and nursery plants 29 for off-site retail sale shall be subiect to LDC section 5.02.00 30 Home Occupations, as amended, and the following standards: ^ 31 i. Farm operations shall not occupy more than 50 percent of 32 the lot. 1:\2014 LDC Amendment Cycle 21Amendments12.03.01B.1.b Estafes Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 33 ii. Farm operations shall conform to minimum setbacks 34 established in LDC sections 2.03.01 B.2 and 35 4.02.01 A. Table 2.1, however, no side, rear or front 36 setbacks are required greater than 30 feet. 37 iii. Vegetation removal for farm operations shall be subject to 38 LDC section 3.05.05 F, as amended. 39 3. Keeping of fowl or poultry, not to exceed 25 in total number, 40 provided such fowl or poultry are kept in an enclosure located a 41 minimum of 30 feet from any lot line, and a minimum of 100 feet 42 from any residence on an adjacent parcel of land. 43 4. Keeping of horses and livestock (except for hogs), not to exceed 44 two such animals for each acre, and with no open feedlots. Any 45 roofed structure for the shelter and feeding of such animals shall 46 be a minimum of 30 feet from any lot line and a minimum of 100 47 feet from any residence on an adjacent parcel of land. 48 i. On lots/parcels of 1.25 acres and greater, section 5.04.05 49 D.1. provides for the issuance of a 16-week temporary use 50 permit (TUP)to keep a maximum of 2 hogs while engaged 51 in a bona fide 4-H youth development program. 52 5. One guesthouse, subject to section 5.03.03 53 6. Recreational facilities that serve as an integral part of a residential 54 development and have been designated, reviewed and approved 55 on a site development plan or preliminary subdivision plat for 56 that development. Recreational facilities may include but are not 57 limited to golf course, clubhouse, community center building and 58 tennis facilities, parks, playgrounds and playfields. 59 7. Excavation and related processing and production subject to the 60 following criteria: 61 i. These activities are incidental to the permitted used onsite. 62 ii. The amount of excavated material to be removed from the 63 site cannot exceed 4,000 cubic yards total. Amounts in 64 excess of 4,000 cubic yards shall require conditional use 65 approval for earth mining, pursuant to the procedures and 66 conditions set forth in section 10.08.00 67 c. Conditional uses. For Estates zoning within the Golden Gate Estates 68 subdivision, the Golden Gate Area Master Plan in the GMP restricts the 69 location of conditional uses. The following uses are permissible as 70 conditional uses in the estates district (E), subject to the standards and 71 procedures established in section 10.08.00 72 1. Churches. 73 2. Social and fraternal organizations. 74 3. Child care centers and adult day care centers. 75 4. Schools, private. 76 5. Group care facilities (category I); care units, subject to the 77 provisions of subsection 2.03.01 B.3.f; nursing homes; assisted 78 living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; 79 and continuing care retirement communities pursuant to § 651 80 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 81 6. Group care facilities (category II) care units subject to section 82 5.05.04 only when tenancy of the person or persons under care 83 would not: l:\2014 LDC Amendment Cycle 21Amendments12.03.01 B.1.b Estafes Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Text underlined is new text to be added. Bold text indicates a defined term 84 i. Constitute a direct threat to the health or safety of other 85 individuals; 86 ii. Result in substantial physical damage to the property of 87 others; or 88 iii. Result in the housing of individuals who are engaged in the 89 current, illegal use of or addiction to a controlled 90 substance, as defined in section 802 of title 21, U.S. Code. 91 7. Extraction or earthmining, and related processing and production 92 not incidental to the development of the property subject to the 93 following criterion and subsection 4.02.02 C. 94 i. The site area shall not exceed 20 acres 95 8. Essential services, as set forth in subsection 2.01.03 G. 96 9. Model homes and model sales'centers, subject to compliance with 97 all other LDC requirements, to include but not limited to section 98 5.04.04 99 10. Ancillary plants. 100 d. Prohibited uses. 101 1. Owning, maintaining or operating any facility or part thereof for the 102 following purposes is prohibited: 103 i. Fighting or baiting any animal by the owner of such facility 104 or any other person or entity. 105 ii. Raising any animal or animals intended to be ultimately 106 used or used for fighting or baiting purposes. 107 iii. For purposes of this subsection, the term baiting is defined 108 as set forth in F.S. § 828.122(2)(a), as it may be amended 109 from time to time. # # # # # # # # I:\2014 LDC Amendment Cycle 2 Amendments\2.03.01 B.1.b EstaTes Dist.Adding commercial accessory use for CCPC 101614.docx 10/8/2014 5:38:45 PM Attachment 1 • 0 0 0 .4 J a- O m O O N C.)• C O 0 Q E I- w C co • V X • p in o J f� .a C • -p m O N 0 N O. in O fn to ~ N 0 f6 w W • V 0 c+) Cn ti • 1 0 V O r U O : d N a c O O Co • - N N • 4- o U y Q E O -0 4- C oQ Xf` S U CD N CD U C C 03 N d O N _ Q. (n O En N • O M 1 O • Mb 0 U O _0 J • N m• � r O O M U) O• y N d w U � d • E O 'a w � --- an C) Y E O M O R Q P') (h U M O U X Q Cr) a 0 Lc) � co (V) N -a C (v) R V d d y N O _ V) O L as J y • (9 d f6 w y W a o Cy) • • c7 c� Public comments for: LDC amendment 2.03.01B.1.b Estates Dist. —Adding Accessory Use in Est. 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O • 0 °A A 201 O •�" v� y -0 o rte-+ ,s -0 d 2 .d L) ci U 1 r 0i 0 a) 0 • v 1 wHE-a 4 HW d o � 4 0 3 A 0 0 ct > 0 d' N rd -I i C O E ri Q1 W Public Comment-Jeremy Frantz,Conservancy of Southwest Florida Prree wn/�Ov1k L Text underlined is new text to be added. �N �� I(L,t�( 11�� t ..•1LL-+++ Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division Staff DEPARTMENT: Planning and Zoning AMENDMENT CYCLE: 2014 LDC Amendment Cycle 2 LDC SECTION(S): 2.03.01 Agricultural Districts CHANGE: Currently, the LDC allows for the raising of field crops for the consumption of persons residing on the premises in the Estates zoning district as an accessory use. The proposed amendment seeks to amend the Estates zoning district accessory use section to allow for the residents to grow fruits, vegetables and nursery plants for both personal consumption and off-site retail sale, such as at farmer's markets, pursuant to LDC section 5.02.00 Home Occupations. The LDC states that the purpose and intent of the Estates District (E) is to provide land for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to the existing language regarding the raising of crops, agricultural accessory uses in the Estates district include: • Keeping of fowl or poultry,not to exceed 25 in total number,provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. • Keeping of horses and livestock(except hogs),not to exceed two such animals for each acre, and with no open feedlots.Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. • o On lots/parcels of 1.25 acres and greater section 5.04.05 D.1.provides for the issuance of a 16-week temporary use permit to keep a maximum of 2 hogs while engaged in a bona fide 4-H youth development program. • Excavation and related processing and production subject to the following criteria: o These activities are incidental to the permitted uses on site o The total amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards.Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining,pursuant to the procedures and conditions set forth in section 10.08.00. 1 l:\2014 LDC Amendment Cycle 21Amendments\2.03.01B.1.b Estates Dist.Adding commercial accessory use 081414-PIM.docx 8/14/2014 10:27:15 AM Text underlined is new text to be added. Bold text indicates a defined term Several communities in Florida have zoning districts that allow for residential and agricultural uses. In Hardee County,there is a Farm Residential zoning district. The minimum lot size is 1 acre and allows for citrus grove/orchard, forestry,truck farming/row cropping, sod farm,tree farm/plant nursery(wholesale/retail), and ranching/pasturing. The primary purpose of this zoning district is to provide areas in Hardee County for very low density residential development in combination with limited agricultural,public and community services, infra-structure, and recreation and open space land uses. In accordance with the Hardee County Comprehensive Plan,residential development may be single-family attached or detached dwellings, and farm worker housing development at a permitted density of not more than one dwelling unit per gross acre. This district also allow for produce sales.Excess produce and other products agricultural in nature and harvested from orchards,vineyards, nurseries, ornamental horticultural areas, groves, noncommercial greenhouses,etc. as well as excess produce, etc. harvested from any commercial farm,may be sold on the premises to the general public by means of a roadside stand or similar structure.All setbacks must be a minimum of 50 feet from the front property line. Other setbacks will be observed as is required for an accessory structure. In Palm Beach County there is an Agricultural Residential zoning district.According to the purpose and intent of the Agricultural Residential district,the district is intended to protect and enhance the rural lifestyle and the quality of life of the residents in areas designated rural residential, to protect watersheds and water supplies,wilderness and scenic areas, conservation and wildlife areas,and to permit a variety of uses that require non-urban locations but do not operate to the detriment of adjoining land devoted to rural and residential purposes. Bona fide agricultural uses, community gardens, and agricultural storage are permitted in this zoning district. A special permit is required to operate a produce stand. This amendment replaces the term "field crops" with "fruits and vegetables" in order to better describe the type of plants that can be grown in Southwest Florida. Further, during the development process of the amendment a Collier County Commissioner suggested adding the term "nursery plants." The term "nursery plants" is intended to include food plants, ornamental trees, shrubs, flowers, etc. The proposed amendment to allow for commercial activity in the Estates district is subject to a Home Occupational license. LDC section 5.02.00 — Home Occupations provides the following standards: 5.02.01 Applicability Home occupations shall be allowed in any zoning district which permits residential dwellings as a permitted use. 5.02.02 Allowable Home Occupation Uses There shall be no retail sale of materials, goods, or products from the premises. 2 I:\2014 LDC Amendment Cycle 2\Amendments\2.03.01 B.1.b Estates Dist.Adding commercial accessory use 081414-PIM.docx 8/14/2014 10:27:15 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on-site or off-site advertising signs. C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end,traveling to and from as well as meeting or parking at the residence by either employees of the business operated there from who are not residing at the subject address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on-site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust,or smoke. G. The on-site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on-site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. I. There shall be no outside storage of goods or products, except plants. Where plants are stored,no more than fifty(50)percent of the total square footage of the lot may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. The proposed use supports and advances sustainability measures in several ways. First, it supports the continuation of at home sustainable practices, such as growing food for persons residing on site. It also supports the "Buy Fresh, Buy Local" practices and opens up opportunities for small business and home occupations. For the commercial agricultural accessory use, several dimensional criteria are proposed to address compatibility with the residential use in the Estates zoning district. This includes 1) establishing that farm operations shall not occupy more than 50 percent of the lot and 2) that farm operations shall be 30 feet from any property line. In addition,the existing LDC section for clearing vegetation in the Estates district has been included. The proposed standards are designed to address increases in vegetation clearing, fertilizer and pesticide use, and compatibility within the zoning district. In the future, commercial farm operations which seek an Agricultural Classification from the Collier County Tax Appraiser may qualify for the Right to Farm Act as established by the Florida Statutes. REASON: The proposed amendment follows the Board's direction to allow for expanded agricultural uses in the Estates zoning district and to allow for sale of local produce at farmer's markets. 3 l:\2014 LDC Amendment Cycle 2\Amendments\2.03.01B.1.b Estates Dist.Adding commercial accessory use 081414-PIM.docx 8/14/2014 10:27:15 AM Text underlined is new text to be added. Text strikethrough is currcnt text to be deleted. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: TBD RELATED CODES OR REGULATIONS: TBD GROWTH MANAGEMENT PLAIN IMPACT: TBD OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, LDC Coordinator July 29, 2014, Revised August 13, 2014. Amend the LDC as follows: 2.03.01 Agricultural Districts. * * * * * * * * * * * * * 1 B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands 2 for low density residential development in a semi-rural to rural environment, with 3 limited agricultural activities. In addition to low density residential development with 4 limited agricultural activities, the E district is also designed to accommodate as 5 conditional uses, development that provides services for and is compatible with the 6 low density residential, semi-rural and rural character of the E district. The E district 7 corresponds to and implements the estates land use designation on the future land use 8 map of the Collier County GMP, although, in limited instances, it may occur outside of 9 the estates land use designation. The maximum density permissible in the E district 10 shall be consistent with and not exceed the density permissible or permitted under the 11 estates district of the future land use element of the Collier County GMP as provided 12 under the Golden Gate Master Plan. -` 13 1. The following subsections identify the uses that are permissible by right and the 14 uses that are allowable as accessory or conditional uses in the estates district 15 (E). 16 a. Permitted uses. 17 1. Single-family dwelling. 18 2. Family care facilities, subject to section 5.05.04 19 3. Essential services, as set forth in section 2.01.03 20 4. Schools, public, including "Educational plants." 21 b. Accessory Uses. 22 1. Uses and structures that are accessory and incidental to uses 23 permitted as of right in the (E) district. 24 - - - -- - - -- - - - - - - - - - 25 premises. 26 2. Fruits, vegetables and nursery plants grown for both personal 27 consumption and off-site retail sale, such as farmer's markets. 28 Commercial farm operations shall be subject to LDC section 29 8.02.00 Home Occupations, as amended, and thdIollowinq 30 1tandards: 31 i. Commercial farm operations shall not occupy more than 50 32 percent ofite lot. 33 ii. Commercial farm operations shall be located a minimum of 34 ©O feet from anyEht line. 35 iii. Vegetation removal for commercial farm operations shall 36 beLlubject to LDC section 3.05.05 F, as amended. 37 3. Keeping of fowl or poultry, not to exceed 25 in total number, 38 provided such fowl or poultry are kept in an enclosure located a 4 l:\2014 LDC Amendment Cycle 21Amendments\2.03.01B.1.b Estates Dist.Adding commercial accessory use 081414-PIM.docx 8/14/2014 10:27:15 AM Summary of Comments on ORIGIN: Page: 4 Number.1 Author.Jeremyf Subject:Comment on Text Date:8/20/2014 11:42:32 AM The amendment indicates commercial farms will be subject to LDC Section 5.02.00 Home Occupations,yet it seems that some of these restrictions,particularly those regarding nuisance,could be superseded by Florida's Right to Farm Act,allowing impacts that would otherwise be considered a nuisance under 5.02.00.to persist. ®Number.2 Author:Jeremyf Subject:Comment on Text Date:8/20/2014 12:50:58 PM Might these other standards also apply?: -3.06.00 Groundwater Protection -4.06.02 Buffer Requirements (see following notes) Number.3 Author:Jeremyf Subject:Comment on Text Date:8/20/2014 12:54:12 PM F.S.§§163.3162 allows local governments to regulate farm operations and activities within wellfield protection zones. LDC section 3.06.00 enforces a buffer zone from wellfield protection areas for hazardous products or wastes. It is unclear whether any hazardous products or waste as defined in 1.08.02 might regularly be used as a part of a small commercial farm in the estates,however,the location of commercial farms may be additionally subject to section 3.06.00 if commercial farms use hazardous products or waste. Perhaps a simple note regarding the prohibition on the use of hazardous products or wastes in these commercial farms operations would be helpful? Number:4 Author Jeremyf Subject:Comment on Text Date:8/20/2014 12:54:38 PM Could multiple contiguous parcels under common ownership be used in combination and result in the use of greater than 50%of a given lot? Number.5 Author.Jeremyf Subject:Comment on Text Date:8/20/2014 12:55:13 PM Existing required front and rear yards for principle and accessory structures in the Estates is 75 ft. Will this amendment allow commercial agricultural operations within the front and rear yard setbacks? Number.6 Author.Jeremyf Subject:Comment on Text Date:8/20/2014 12:57:14 PM Would 4.06.02 Buffer Requirements apply?Or is an exemption from this section required for commercial ag in the estates for clarity? 4.06.02- Table 2.4 suggests that a type B buffer would ordinarily be required between A and E zoning or property use and although the zoning is not changing,the property use is. [Number.7 Author.Jeremyf Subject:Comment on Text Date:8/20/2014 12:43:49 PM LDC Section 3.05.02.C.provides an exemption from sections 3.05.03 through 3.05.09 for operations protected by the Right to Farm Act. Therefore,any commercial farming operation in the Estates protected by the Right to Farm Act,would be exempt from 3.05.05 F,in addition to some portions of 5.02.00 already noted. N Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 39 minimum of 30 feet from any lot line, and a minimum of 100 feet 40 from any residence on an adjacent parcel of land. 41 4. Keeping of horses and livestock (except for hogs), not to exceed 42 two such animals for each acre, and with no open feedlots. Any 43 roofed structure for the shelter and feeding of such animals shall 44 be a minimum of 30 feet from any lot line and a minimum of 100 45 feet from any residence on an adjacent parcel of land. 46 i. On lots/parcels of 1.25 acres and greater, section 5.04.05 47 D.1. provides for the issuance of a 16-week temporary use 48 permit (TUP) to keep a maximum of 2 hogs while engaged 49 in a bona fide 4-H youth development program. 50 5. One guesthouse, subject to section 5.03.03 51 6. Recreational facilities that serve as an integral part of a residential 52 development and have been designated, reviewed and approved 53 on a site development plan or preliminary subdivision plat for 54 that development. Recreational facilities may include but are not 55 limited to golf course, clubhouse, community center building and 56 tennis facilities, parks, playgrounds and playfields. 57 7. Excavation and related processing and production subject to the 58 following criteria: 59 i. These activities are incidental to the permitted used onsite. 60 ii. The amount of excavated material to be removed from the 61 site cannot exceed 4,000 cubic yards total. Amounts in 62 excess of 4,000 cubic yards shall require conditional use 63 approval for earth mining, pursuant to the procedures and 64 conditions set forth in section 10.08.00 65 c. Conditional uses. For Estates zoning within the Golden Gate Estates 66 subdivision, the Golden Gate Area Master Plan in the GMP restricts the 67 location of conditional uses. The following uses are permissible as 68 conditional uses in the estates district (E), subject to the standards and 69 procedures established in section 10.08.00 70 1. Churches. 71 2. Social and fraternal organizations. 72 3. Child care centers and adult day care centers. 73 4. Schools, private. 74 5. Group care facilities (category I); care units, subject to the 75 provisions of subsection 2.03.01 B.3.f; nursing homes; assisted 76 living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; 77 and continuing care retirement communities pursuant to § 651 78 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 79 6. Group care facilities (category II) care units subject to section 80 5.05.04 only when tenancy of the person or persons under care 81 would not: 82 i. Constitute a direct threat to the health or safety of other 83 individuals; 84 ii. Result in substantial physical damage to the property of 85 others; or 86 iii. Result in the housing of individuals who are engaged in the 87 current, illegal use of or addiction to a controlled 88 substance, as defined in section 802 of title 21, U.S. Code. 5 l:\2014 LDC Amendment Cycle 2\Amendments\2.03.01B.1.b Estates Dist.Adding commercial accessory use 081414-PIM.docx 8/14/2014 10:27:15 AM Text underlined is new text to be added. --. Bold text indicates a defined term 89 7. Extraction or earthmining, and related processing and production 90 not incidental to the development of the property subject to the 91 following criterion and subsection 4.02.02 C. 92 i. The site area shall not exceed 20 acres 93 8. Essential services, as set forth in subsection 2.01.03 G. 94 9. Model homes and model sales centers, subject to compliance with 95 all other LDC requirements, to include but not limited to section 96 5.04.04 97 10. Ancillary plants. 98 d. Prohibited uses. 99 1. Owning, maintaining or operating any facility or part thereof for the 100 following purposes is prohibited: 101 i. Fighting or baiting any animal by the owner of such facility 102 or any other person or entity. 103 ii. Raising any animal or animals intended to be ultimately 104 used or used for fighting or baiting purposes. 105 iii. For purposes of this subsection, the term baiting is defined 106 as set forth in F.S. § 828.122(2)(a), as it may be amended 107 from time to time. # # # # # # # # 6 I:\2014 LDC Amendment Cycle 2\Amendments\2.03.01B.1.b Estates Dist.Adding commercial accessory use 081414-PIM.docx 8/14/2014 10:27:15 AM Corn Hhw3 OPosii AND iv September 8, 2014 m ♦ Z O s Z N h mI.,q ION coo Caroline Cilek Senior Planner Florida Fish Collier County Growth Management Division and Wildlife 2800 North Horseshoe Drive Conservation Naples,FL 34104 Commission carolinecilek @colliergov.net Commissioners Re: Land Development Code Amendment to the Estates and Agricultural Districts Richard A.Corbett Regarding Raising Hogs/4-H Youth Program, Collier County Chairman Tampa Brian Yablonski Dear Ms. Cilek: Vice Chairman Tallahassee Ronald M.Bergeron The Collier County Growth Management Division held a public meeting on August 14, Fort Lauderdale 2014, for two proposed Land Development Code Amendments to the Estates and Richard Hanas Agricultural Districts within Collier County. Florida Fish and Wildlife Conservation Oviedo Commission(FWC)staff has reviewed the above-referenced proposed amendment and Aliese P."Liesa"Priddy provides this letter as technical assistance to assist in developing the amendment Immokalee P g Bo Rivard language. Panama City Charles W.Roberts in The proposed amendment streamlines the process for raising hogs in conjunction with Tallahassee Collier County's 4-H Animal Husbandry Program. The proposed provisions include allowing the raising of hogs through the 4-H program in the"accessory uses"section of Executive Staff the Estates and Agricultural (20 acres or less)zoning districts. The existing standards for Nick Wiley the"accessory use,"such as number of acres required,setbacks, and distance from Executive Director residential structures are provided within the respective"accessory use"sections within Eric Sutton Assistant Executive Director the Land Development Code. Additionally,participants through the 4-H program would Jennifer Fitzwater register with the University of Florida/Institute of Food and Agricultural Services Chief of Staff (UF/IFAS)Youth Development Program and take training classes. The restrictions include one hog per child enrolled in the 4-H program on lots 1.25 acres (or greater) and Office of the no more than two hogs per acre. The draft proposed amendment states that livestock Executive Director "premises shall be fenced and maintained in a clean,healthful, and sanitary condition" Executive Wiley and"premises or roofed structure used for the sheltering, feeding, or confinement of such Executive Director P g g animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet (850)487-3796 from any dwelling unit on an adjacent parcel of land." (850)921-5786 FAX Y g � p Managing fish and wildlife Golden Gate Estates still retains quality wildlife habitat, including habitat for native resources for their long-term q Y g well-being and the benefit predators; therefore,the FWC recommends Collier County residents take the necessary of people. precautions to properly shelter animals such as goats, sheep, calves,miniature horses, pigs,donkeys,hogs, and chickens. Florida panther,bear,bobcat and coyote depredations 620 South Meridian Street have occurred in the Estates. In order to protect small livestock from being taken by Tallahassee,Florida panthers or other predators,FWC staff recommends keeping livestock in a secure, fenced 32399-1600 enclosure with a roof, Voice:(850)488-4676 enc , especially at night. While the proposed amendment language above indicates that the livestock areas shall be fenced and may include a roofed (800)Hearing/speech-impaired: structure, FWC staff would like to suggest additional language be added to this (800)955-8771(T) gg (800)955-8770(V) amendment including: "where practical,place chickens, goats,hogs or other livestock in MyFWC.com enclosed structures at night." Please note that fencing alone will not stop panthers or other predators from taking livestock. Collier County residents can learn more about 5 ' Caroline Cilek Page 2 September 8,2014 living in panther country from"A guide to living with Florida Panthers" (accessible at the webpage: http://www.floridapanthernet.org/images/uj,loads/LivingWithPanthers.pdf). Attached,please find a copy of a brochure entitled "Protecting Your Property From Wildlife Damage"that provides additional information on how to construct livestock enclosures. We encourage Collier County staff to contact FWC staff for panther or other wildlife-related questions. For panther specific questions,please contact Darrell Land either by email at Darrell.Land@MyFWC.com or by phone at(239) 417-6352. FWC staff is available to assist with planning for the above recommendations and we look forward to working with the County. If you need any further assistance,please do not hesitate to contact Jane Chabre either by phone at(850)410-5367 or by email at FWCConservationPlanningServices @MyFWC.com. If you have specific technical questions regarding the content of this letter, please contact Marissa Krueger by phone at (561) 882-5711 or by email at Marissa.Krueger @MyFWC.com. Sincerely, IC),G1/4,4•JQW1315---' Jennifer D. Goff Land Use Planning Program Administrator Office of Conservation Planning Services jdg/mk ENV I Golden Gate Estates Collier County Land Development Code_19665_090814 Enclosure cc: Darrell Land, FWC National Park Service f �6% l , U.S.Fish and Wildlife Service _ '`4 Florida Fish and Wildlife Conservation Commission ' v Protecting Your Property From Wildlife Damage The beauty of Florida draws many to live within the heart, or along the edge of natural areas. Many have seasonal camps or year-round residences in or near these rural sites. Those that live in these areas know that the possibility of attracting the"wild"onto their personal property does not only mean the bird at the bird feeder,but it may also include skunks, raccoons, opossum, bobcat, bear and even Florida panthers. These animals have the ability to damage property, and may even injure or kill domesticated animals such as pets and livestock. Unlike wild animals, most domesticated animals do not have the skills to protect themselves. Thousands of years of breeding have made domestic animals dependent on people for protection. There are simple and cost effective ways to avoid the loss of pets and livestock to natural predators. These methods will also keep your family and neighbors safe. Keep Your Pets Safe Do Not Feed Wildlife Build Livestock Enclosures Cats and dogs are easy prey for larger Feeding wildlife such as deer, The best protection measure is to predators. Keep your pets indoors or opossums,or raccoons only attracts secure livestock in fully enclosed secure them in a covered run. predators to your home and creates a barns, pens and sheds from dusk to safety risk. dawn,the typical time when predators If you allow your pets to roam on your are seeking prey. Openings, such as property, keep in mind that you are Make sure that food set out for pets, windows, doors, or large gaps, are risking their lives-just as city dwellers livestock, or birds is accessible only to attractants and might provide access take a risk in letting their pets roam the animals that you are trying to feed. for highly curious animals. near a busy street. Fence in vegetable and fruit gardens Be sure to place all livestock It is illegal to allow your pet to run, that might attract wildlife. enclosures away from any trees or unattended and off leash within Collier brush that predators might climb or County and on Big Cypress National Landscape your yard with plants that hide within. Preserve lands. deer do not like to eat. Protect Vulnerable Animals Many wild animals are attracted to the t smell of blood. Keep injured animals, T. ,, or livestock nearing and following ' ,s!' 'r' birth, in fully enclosed structures. ' -4', 4 k . Immediately remove and destroy afterbirth, carcasses, and other animal '` ,4 by-products from areas near livestock I. ,- enclosures or homes. • { -7. �+ 1 , 11 Install Frightening Devices • ti x,a i ,.� ,. 't ,. ." Many predators depend on surprise to 'E 9} 't II 1 } capture prey. ` 0 .. 4l �4:� j 1.r tom/ � � l :,' �; r'[ �# c+t ; '4 , ' � ,;s° x' k< , &� Installing either motion ortimer- ' ` ; + activated outdoor lighting around your home and animal enclosures may !, keep predators away. a frfif f,, /t'`.,,. �t lb:: 't You might also try loud noises,• a t-•„_... ; � �c., 3,0,0,%l "i''' .,~ sprinklers, or other frightening devices, toy 4 a 9` , ,' . ,, such as those used to keep birds out of agricultural fields. Secure livestock and pets in night time enclosures. Small Load Livestock Enclosure Assembly 2)Assemble the roof frame of the 12) Using the sledgehammer, pound _ Smaller night time enclosure for stock multi-purpose canopy kit according to the six 4-foot t-posts into the ground such as chickens, goats or sheep. the manufacturer's instructions. right next to the frame legs and use Houses fewer animals. the hose clamps to strap them tightly 3) Measure half of the length of the together. Tools List gable ends of the roof frame and drill 1. Bolt Cutters 1/4"holes for the eyebolts. 13) Drill 1/4"holes at the bottom 2. Sledge Hammer of each leg and install the eyebolt/ 3. Pliers 4) Insert eyebolts, with a washer on turnbuckle units and tension wire. On 4. Wire Cutters each side of the pole, making sure the the two rear-most legs you will have to 5. Drill with 1/4"bit "eye" of the eyebolt is on the inside of drill two holes and install two eyebolt/ the frame, and secure it with a bolt. turnbuckle units, one connected to the Materials List side tension wire, another for the rear 1)One 10'x 20'Moto-Shade MI Multi- 5)Attach the turnbuckle to the eyebolt tension wire about an inch above the Purpose Canopy kit or equivalent by twisting the eye open with a pliers, first. slipping the turnbuckle on, and twisting 2) One 6'by 10'prefabricated chain the eye closed. 14) Make sure the eyebolt/turnbuckle link panel with a door. Be sure there is units and tension wires are attached a heavy latch 6)Attached the tension wire to the and tightened at the bottom of both turnbuckle using the u-clamp. sides and at the top and bottom of the 3)Three rolls of 50'x 6' 11 1/2 gauge rear. chain link fencing 7)Once the eyebolt/turnbuckle is in place at each end and connected 15) Begin attaching the chain link to 4)One 100' roll of 9 gauge galvanized to the tension wire tighten the the multi-purpose canopy kit frame, tension wire turnbuckles until the wire is taut. keeping the top of the chain link even with the roof frame. Start at the front 5)Six 4't-posts 8) Lay the chain link across the length corner and work toward the back, then of the roof on each side and attach it around the back and toward the front 6)Twelve 2 1/2" hose clamps to the frame and tension wires with the again. Use the bolt cutters to trim _.._ rebar tie wire. the bottom of the chain link to fit the 7) One 5 lbs. spool of rebar wire terrain and bend around the corners. 9) Loosely attach a 10'length of chain Note that each roll end with an"open" 8)Six 1 3/8"x 1 3/8" panel clamps link across the front and rear gable link. This can be removed by twisting ends and use the bolt cutters to cut it and pulling it out the top, then place 9)Ten eyebolt/turnbuckle units, it to size, leaving enough wire to the beginning of the new roll so it each unit consisting of: one 1/4"x bend down and close any open links. overlaps the end of the old roll and 4"eyebolt; one 1/4"turnbuckle; two Remove the excess. reinsert the"open"link to splice the 1/4" nuts; two 1/4"washers; one 1/8" two rolls together. u-clamp 10)Attach the plastic sun-shade or tarp. 16)Finally attach the 10'by 6' Instructions prefabricated chain link panel and gate 1)Select a level area 10 feet by 20 11) Lift the roof and insert the legs. to the front using the panel clamps. feet for assembly and placement of This works best with six people, one at Look over the entire structure and enclosure. each leg. make sure the chain link is securely attached in all places and use more rebar tie wire where necessary. 17) If the ground is not level where you - have placed the enclosure, or if you intend to move it frequently, you may " " " — secure the chain link across the floor A.3 1 3 of the enclosure. Attach it to the sides of the enclosure to prevent domestic ianimals from escaping and to prevent Y:= , :` '1,- • digging animals from entering. Small Load Livestock Enclosure Check with county permitting offices for permit requirements 239-403-2400 W E F- m g m a rc CO c w s U -, ' ' " s*s ; . ..1 > �, f. AC, a ; =� � li �..v } c, A Y 9 ,,' ', •- ,,,,„‘,3,4A,. ii..7.:4R,No %.t-, ::UigU,u;Y:i_5 i<k `. VI. :,{I�'S4..„. f„}. 2 m U E a '' @ > 0 t- C, t ts c 2S n i..., co m u.. e m w o F m '3 ' . ��-nz//' '` v) .ws m }v (9 ',.:':(dffilliMer,..:.':. :-:.i.:-.:.:,,,6.,,,.,t.s.iski‘sz...et....,,f;i,:ii.ro. -Ri w p...,„;.,,:::Imso.1:44., x:::::,,w,„. p{ H E. ;r'�`yb4jiia'�•t�Ry..�.'�Cc”� .::*4:04 s; ,; '•.:61* l rn, :A is • y- �^:2?.`.CS ) '..0: r�5>2: Ski,3°.,,.:. CO ��.•''��G? he '� ;yy�/"` fS°" o >�� r 3'' dr'�% vrt' ` `` V.a ' -.. Special thanks to the Mountain Lion Foundation ..-,.,<.,'`.' GL ''P•, .. w`" for permission to include their plans and design of �Jr,?�r 3 f f, j Lu Lu livestock enclosures in this publication,and for text s-&,a :?, "; �,., , - on how to"wildlife proof"your property. O m - „ Mountain Lion Foundation o E P.0.Box 1896 E ' Sacramento,CA 95812 2 5 916-442-2666•U Large Load Livestock Enclosure Assembly 8-26"x 10'Galvanized Roofing Staples _ A night enclosure for stock such as Panels goats, sheep, etc. Larger capacity Gate hinges for more animal. Estimated cost of 6-6' PT closure straps materials is approximately$1000.00. Gate latch 1 -62"x 50' 11.5 gauge chain link Materials List fence Typical Notes 5-4 x 4 x 8 Pressure Treated (PT) 1)Lower 6' portion of enclosure 1 -36"x 72" prefab welkin gate wrapped in 11.5 gauge chain link 4-4x4x12PT 2-5 lbs. box of 16 d galvanized nails 2) Upper portion wrapped in T 1-11 37-2 x 4 x 8 PT siding 6-1 lbs special roofing nails 12-2 x 6 x 10 PT 3)All wood pressure treated 12 -Simpson post base 16-5/4 x 3 x 8 PT 4)All wood below 4'wrapped in metal, 12-Simpson post cap unless chain link installed inside, 1 -2 x 6 x 16 PT to prevent domestic animals from 4-36" Simpson Straps chewing on wood. 3-4 x 8 sheet of T 1-11 Panel 2-8'drip cap$2.00 5)All 4 x 4s to have Simpson SP2 and 6- 1 x 4 resawn trim SP5 stud plate ties. 3-2"x 25'alum. roll 12-Piers Large Load Livestock Enclosure 12-Bags of 90 lbs. premix concrete Check with county permitting offices for permit requirements 239-403-2400 " ; ,,l j _• ower 4'feet j 6, , •'°- 1, . ' rapped in net 14....• �r ' h{ 0 ga roofing panels 10.4.1#' ;` 1;'} 2x6 blk'g typ r.2x4 dbl top i`.',.5'`P ';;•, . L f owe•4'feet s ,tf i j ►�i►��►Z1►i i�►°_�►S�►sue►_�►_� fia I , ' i J J I I ra••ed in metal -= - - - - - ,y� � � i /�/i`�� I��; -., - M x.• g typ liNo •recast cone • .iers typ �3'-01 � 1 12x4 @24°cc 2 x 6 rafters @ ,�, r�k b"cc • �® 2 x 3 @ purlins 16"cc __ -_ ___ _ _-- •x 4 header •. ��►;�►S1t:1r_y►z�►z.►z1_►S��.1R_� �- x• • 9typ _ower g • wrappe.m - _ _ ..' , 11-5 ga chainlink ��'�`-w n A • ip son impson A34 clip I 1111111 1114 •c 1p I ..._...-_— �- --- ' x•poststyp -----. —ra— x•posts typ aim 41N 13'_0'1 . -0'� • l`` Front Side VD Square Foot Secure Goat Enclosure