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CCPC Agenda 05/25/2016 LDC
COLLIER COUNTY PLANNING COMMISSION SPECIAL LDC MEETING AGENDA MAY 25, 2016 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 5:05 P.M., WEDNESDAY, MAY 25, 2016, 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 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA 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 One—General Provisions, including Section 1.08.02 Definitions; Chapter Two—Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts, Section 2.03.02 Residential Zoning Districts, Section 2.03.03 Commercial Zoning Districts, Section 2.03.06 Planned Unit Development Districts, 1 Section 2.03.07 Overlay Zoning Districts, Section 2.03.08 Rural Fringe Zoning Districts; Chapter Three — Resource Protection, including Section 3.02.10 Standards for Subdivision Plats, Section 3.05.04 Vegetation Removal and Protection Standards, Section 3.05.07 Preservation Standards, Section 3.05.10 Littoral Shelf Planting Area (LSPA); Chapter Four— Site Design and Development Standards, including Section 4.02.33 Specific Design Standards for the Immokalee—Mobile Home Park Overlay Subdistrict, adding Section 4.05.10 Required Parking for Residential Central Mail Delivery Locations, Section 4.06.02 Buffer Requirements, Section 4.06.05 General Landscaping Requirements; Chapter Five — Supplemental Standards, including Section 5.03.06 Dock Facilities, Section 5.04.05 Temporary Events, Section 5.04.06 Temporary Signs, Section 5.05.04 Group Housing; adding Section 5.05.14 Educational Plants, Section 5.06.00 Sign Regulations and Standards by Land Use Classification; Chapter Six — Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.02.06 Potable Water Facility Level of Service Requirements, Section 6.02.07 Sanitary Sewer Facility Level of Service Requirements, Section 6.06.03 Streetlights; Chapter Nine —Variations From Code Requirements, including Section 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment; Chapter Ten—Application, Review, and Decision-Making Procedures, including Section 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments Thereof, Section 10.02.05 Construction, Approval, and Acceptance of Required Improvements, Section 10.02.11 Submittal of Streetlight Plans; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Caroline Cilek, AICP, CFM, Land Development Code Manager] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT 13. ADJOURN 2 L9untY Growth Management Division 2015 Land Development Code Amendments Cycle 2 CCPC Meeting 5-25-2016 Page Intentionally Blank Co te-r County Growth Management Department Development Review Division May 17, 2016 Dear Planning Commissioners, In order to facilitate an organized review of LDC Amendments,staff is modifying how LDC amendment packets are prepared for the Planning Commission. • The amendments have been combined into one word document and therefore the page numbers will be,for example, numbered 1-100.This way,whether the packet is printed or viewed as a PDF,the page numbers will be the same. • No binder tabs will be provided. However,the packets will have a Table of Contents identifying the page number on which each amendment starts as well as"bookmarked" as a PDF document. • In an effort to assist with reviewing amendment a second time, all new language is highlighted in yellow. Please let us know if you have any questions regarding the organization of the LDC Amendment packets. Following the Planning Commission's discussion of LDC Amendment 5.04.05 Group Housing, staff is requesting to continue the LDC Amendment to the 2016 LDC Amendment Cycle in order to conduct additional research.To implement the Planning Commission's direction, staff would like to research the following: 1. Determine whether to use Medicaid or another income level threshold when granting additional FAR for assisted living facilities. 2. Determine use and dimensional standards applicable to low income senior housing for Medicaid and/or low income occupants. 3. Establish the current occupancy rate and availability of skilled nursing beds and assisted living units for Medicaid patients and/or low income in the County. 4. Review State licensure requirements for accepting Medicaid and/or low income occupants. 5. Assess legal considerations when establishing a requirement for Medicaid and/or low income recipients. 6. Assess the experiences of other Florida communities that have implemented affordable housing initiatives and incentives. Please let me know if you have any questions. Sincerely, Caroline Cilek CarolineCilek@colliergov.net (239)252-2485 eLir Development Review Division•2800 Nath Horseshoe Drive•Naples,Florida 34104.239-252-2400 •www.coliergovnet Contents Order of LDCA Review on Wednesday, May 25,2016 at 5:05 PM 5 3.02.10 Standards for Subdivision Plats 7 4.05.10 Parking for Residential Central Mail Delivery Locations(A new LDC section) 11 6.02.06 Potable Water Facility Level of Service Requirements 17 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof 21 1.08.02 Definitions 25 2.03.07 Overlay Zoning Districts—Immokalee Urban Overlay 37 I.3.a. Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites - Existing Conditions Site Improvement Plan 47 2.03.07 Overlay Zoning Districts—Immokalee Main Street Overlay 49 3.05.04 Vegetation Removal and Protection Standards 59 3.05.07 Preservation Standards—Signage Identification 65 3.05.07 Preservation Standards—Conservation Collier 69 Current Maintenance Costs 77 DSAC Recommendation: 78 CCLAAC Recommendation: 80 6.06.03 Streetlights 83 5.04.05 Temporary Events 85 Public Comments Regarding LDC Amendment to section 5.04.05—Temporary Market Events 93 Guidance Regarding State Requirements for Temporary Food Service Events-Attachment 2 95 2.03.01 Agricultural Zoning Districts 97 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment 105 4 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx 2015 LDC Amendments — Cycle 2 Order of LDCA Review on Wednesday, May 25, 2016 at 5:05 PM # LDC Section LDC Amendment Description CCPC Review Dates/Notes LDC Amendments ready for approval—No changes were made 1 LDC sections 3.02.10 Update the NAVD/NGVD requirements • Ready for approval &5.03.06 2 LDC section 4.05.10 Required Parking For Residential Central Mail • Ready for approval Delivery Locations 3 LDC sections 6.02.06 Replace Level of Service language with cross • Ready for approval &6.02.07 references to GMP-CIE and LDC section 10.02.07 4 LDC section 10.02.03 Architectural Improvements through SDPI • Ready for approval 5 LDC sections 1.08.02, Amend various LDC Sections to correct • Review required on May 25, 2.03.03,2.03.06, scrivener errors 2016 at 5:05 PM 2.03.08,3.05.10, 4.06.02, 4.06.05,&5.06.00 6 LDC sections 2.03.07, Provide new application and approval process • Review required on May 25, 4.02.33,&10.02.05 for nonconforming mobile homes sites in 2016 at 5:05 PM Immokalee to be considered a permitted use 7 LDC section 2.03.07 Amend conditional and prohibited uses • Review required on May 25, within the Immokalee Main Street Overlay 2016 at 5:05 PM Subdistrict EAC review required—No changes were made 8 LDC sections 3.05.04 Preserve Signage Requirements • EAC review required on May &3.05.07 25,2016 9 LDC section 3.05.07 Identification of Preserves • EAC review required on May 25,2016 EAC review required—Review of memo required 10 LDC Section 3.05.07 Amend the payment amounts for a monetary • EAC review required on May payment or land donation with a 25,2016 management endowment to meet off-site native vegetation preservation requirements Discussion and Review Needed 11 LDC sections 6.06.03 Streetlights and Submittal of Streetlight plans • Discuss plan requirements &10.02.11 12 LDC section 5.04.05 Amend the Temporary Use section to address • Review changes community markets on private property. 13 LDC sections 2.03.01, To address compatibility of public schools,in • Review changes 2.0302,2.03.03,& particular transportation issues. • Review required on May 25, 5.05.14 (New LDC This LDCA does not apply to the Collier County 2016 at 5:05 PM section) Public School District 14 LDC section 9.04.04 To rectify conflict between criteria • First time review established in the administrative minor after- • Review on May 25,2016 at the-fact encroachment provisions. 5:05 PM 5 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Page Intentionally Blank 6 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 3.02.10 Standards for Subdivision Plats 5.03.06 Dock Facilities CHANGE: To replace outdated references to the National Geodetic Vertical Datum of 1929 (NGVD)with references to the North American Vertical Datum of 1988(NAVD)in the following sections: 1. LDC section 3.02.10 Standards for Subdivision Plats requires that all final plats indicate the finished elevation of roads, lots, and homesites using both NAVD and NGVD. This amendment eliminates the requirement that final plats indicate measurements using NGVD so that only NAVD is required. 2. LDC section 5.03.06 Dock Facilities references a dock height of at least 3.5 feet NGVD. This amendment proposes to replace the reference to NGVD with NAVD and adjust the height requirement based on the differences in measurement between NGVD and NAVD. REASON: 1. Collier County obtains the finished floor elevation of all new and substantially improved buildings to comply with the National Flood Insurance Program (NFIP) and Collier County's Flood Damage Prevention Ordinance(Ord. No. 2011-07). In the past, elevation information was established using NGVD, but that datum has been updated and federal agencies now only use NAVD for elevation information. As a result, Collier County's Digital Flood Insurance Rate Map (DFIRM) now uses NAVD and the current Flood Damage Prevention Ordinance requires floor elevations to be provided using NAVD. However, LDC section 3.02.10 requires finished elevations on final plats to demonstrate both NAVD and NGVD. Requiring the use of NGVD on final plats in LDC section 3.02.10 is unnecessary and could create confusion and/or inconsistencies when finished floor elevations are submitted.Therefore,this amendment proposes to eliminate the requirement to provide both NAVD and NGVD and to require finished elevations using NAVD only. 2. LDC section 5.03.06 J.3.a. establishes a minimum dock height of 3.5 feet NGVD when building a dock across seagrass beds, or a docking facility within 10 feet of seagrass beds. Based on the conversion from NGVD to NAVD for Collier County, the minimum height is now represented as 2.2 feet NAVD. It is important to note that this conversion is not 7 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. intended to result in an actual change to the minimum dock height requirement,but simply represents differences in how NGVD and NAVD are measured. DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed amendment with no changes on February 1, 2016. DSAC-RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS:An amendment to the Administrative Code for Land Development to correct processes related to these sections and to remove several remaining references to NGVD will be completed at a later date. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: Prepared by Jeremy Frantz, Senior Planner, 11/13/15 Amend the LDC as follows: 1 3.02.10 Standards for Subdivision Plats 2 3 A. All subdivision plats shall be consistent with the need to minimize flood damage. 4 B. All subdivision plats shall have public utilities and facilities, such as sewer, gas, 5 electrical, and water systems, located and constructed to minimize flood damage. 6 C. All subdivision plats shall have adequate drainage provided to reduce exposure to 7 flood hazards. 8 D. Base flood elevation data shall be shown on the Master Subdivision Plan. 9 E. All final plats presented for approval shall clearly indicate the finished elevation of the 10 roads and the average finished elevation of the lots or homesite. All grades must be 11 shown in both NAVD_. e - I. = • - - - - . - - - • - - - --- - - - 12 -- • - - - - •- -- - •-- - - - -- - - - - .. . 13 the grades in the other.Datum 14 # # # # # # # # # # # # # 15 16 5.03.06 Dock Facilities 17 18 J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any 19 proposed docks, dock facilities, or boathouses shall be protected through the 20 following standards: 21 w 22 3. Where a continuous bed of seagrasses exists off the shore of the property and 23 adjacent to the property, the applicant shall be allowed to build a dock 24 across the seagrass beds, or a docking facility within 10 feet of seagrass 25 beds. Such docking facilities shall comply with the following conditions: 26 a. The dock shall be at a height of at least 3,5-2.2 feet-NGVD NAVD. 8 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. 1 b. The terminal platform area of the dock shall not exceed 160 square 2 feet. 3 c. The access dock shall not exceed a width of 4 feet. 4 d. The access dock and terminal platform shall be sited to impact the 5 smallest area of seagrass beds possible. 6 # # # # # # # # # # # # # • 9 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Page Intentionally Blank 10 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. Land Development Code Amendment Request ORIGIN: United States Postal Service AUTHOR: Development Review Division Staff DEPARTMENT: Growth Management-Development Review Division AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 4.05.10 Parking for Residential Central Mail Delivery Locations (A new LDC section) CHANGE: To introduce a new LDC section 4.05.10 that establishes minimum parking standards for centralized mail delivery locations (CMDL), such as mail kiosk or cluster box unit, in residential neighborhoods. The proposed standards provide for safe access to the CMDL,establish parking space requirements, and outline lighting requirements. The standards are designed to provide a safe environment to deliver and pick-up mail. REASON: The proposed standards respond to a letter from the United States Postal Service (USPS)Postmaster in September 2013 stating the USPS no longer offers door or curbside delivery for new residential developments. According to USPS Postal Operation Manual (POM), "Postal Service representatives are required to meet with builders and developers early in the process to ensure best choices are made and to assess if the mode of delivery directed to be put in place conforms to the policies of the Postal Service." The County's Addressing Division has been providing the notice and guidelines to developers when they request a street address for a CMDL. The Development Review Division also provides a"heads up" to a residential developers during subdivision pre-application meetings that they will need to identify where CMDLs will be located. The amendment proposes to include the following standards: • Requires CMDLs are identified on site development plans or construction plans for the final subdivision plats. This will serve to better coordinate locational approval with the USPS and the County. • Identifies a setback from intersections, crosswalks, and an entry gate for the parking. The Florida Department of Transportation's 2015 Florida Intersection Design Guidelines (FIDG) recommends parking clearances (setbacks) for an unsignalized intersection, at speeds from 0 to 30 mph, are 85 feet upstream and 60 feet for 2 lane downstream. In addition,the FDIG states,"Florida Statues prohibits parking within 20 feet of a crosswalk at an intersection ..."Based on the FIDG recommendations,staff recommends utilizing an 85-foot setback from an unsignalized intersection and a 20-foot setback from a designated crosswalk, whichever is more restrictive. To avoid traffic congestion and provide safe access through a gated community, staff is recommending a minimum 60-foot parking clearance be established from an entry gate. 11 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. • Establishes a minimum requirement of two parking spaces for a mail kiosk or cluster box units (CBU) servicing a neighborhood of more than 16 postal addresses. This will accommodate a mail delivery truck and a parked vehicle. • Establishes parking space design standards and requires the parking spaces to be accessible, such as providing an access aisle, curb cuts, or by gradient level design. • The amendment provides two exceptions from the parking requirements. The CMDL shall remain subject to identifying the location(s) on the site plan or construction plans, providing lighting and pedestrian access is provided. o The first parking exception is for CMDLs sited at recreational facilities, such as, sports facility, a clubhouse, or a private club,provided the minimum parking space requirements for the recreational facilities are met and there is pedestrian access from the parking lot to the CMDL. o The second parking exception is for CMDLs servicing 16 or fewer households. The exception is based upon the concept these CMDLs are located within a practical walking distance;there is less time spent dropping off the mail; and fewer residents driving would drive to the CMDL. • Establishes the CMDL to be lighted by the neighborhood streetlight system at an average illuminated intensity of 0.5 foot candle. This supports the USPS Postal Operation Manual policy 632.622.a. which states: "The area must be adequately lighted to afford the best protection to the mail and to let carriers read addresses on mail and names on boxes without difficulty." The subsequent photos represent existing CMDLs that have been accepted by USPS. The photos illustrate an adequate location in the development, nearby sidewalks,parking spaces, lighting, designs that limit impediments to street traffic, and provides for general accessibility to the CMDLs. trIE 2011 Camden Lakes-Architectural Designed Kiosk-Neighborhood Delivery Center 12 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. -q,Y 1-2 4 , :, ‘,. _ _ , ... , _.. ..: _•,.. -- -- , ., ..... , '; 1.01.111.11111111111"gilliggilla 2015 Raffia Preserve-At Community Recreation Center on Raffia Palm Circle—Mixed SF and MF. y y. 2015-Livingston Lakes- Butler Lake Dr. CMDLs and Parking Spaces (one designated handicap space) at gradient level without curb or gutter. The photos and site development plan below illustrate existing CMDL's locations which meet many of the proposed design standards. lit - --,.:,:i. '' '.• , .- , - . .. xn v t —_a Esplanade-Bellano Ct. —MF Arrow points to Kiosk 6- Esplanade -Cavano— SF 5-CBUs located across street CBUs between bicycle rack and recreation center. 13 from Sales Center. Sidewalk behind landscaping. I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. + T FOS • �1l.AI^4444 AIL Canopy, a 108 SF residential community on Canopy Circle. (See site development plan below) 3410 ,sy, CANOPY CiRCLe ti ® T X Pi.. #9 1A 8'PVC SAN.Tf • MAILBOX PULL-OFF AREA \ MAILBOX KIOSK rVP 10 y ® 8-PVC SAM ARY SEWER(TYP.) PRC P U.E. • DECORATIVE COLUMN(TYP.) ® PRC R BBON CURB(TYP.) ©![1 (TY! DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the amendment on February 29, 2016, with the following recommendation: consider adding 14 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. flexibility to provide no parking spaces based on location and the number of households. This recommendation has been incorporated into the current draft. DSAC-RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016. FISCAL & OPERATIONAL IMPACTS: None. Developer pays for mail kiosk/CBUs, lighting and parking. RELATED CODES OR REGULATIONS: USPS Postal Operation Manual-Modes of Delivery and Delivery Equipment. Chapters 316.1945 and 316.2045 Florida Statues. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Richard Henderlong, Principal Planner 4/07/16 Amend the LDC as follows: 1 4.05.10 Parking for Residential Central Mail Delivery Locations 2 3 A. Central mail delivery locations, such as neighborhood mail kiosks and cluster box units, in 4 residential neighborhoods, shall provide parking and lighting in order to provide a safe 5 environment to deliver and collect mail. All central mail delivery location(s) shall be 6 identified on the site development plan or the construction plan for the final subdivision 7 plat. 8 B. Central mail delivery locations shall adhere to the following standards: 9 1. Location. Parking spaces shall be located a minimum 85 feet from the centerline 10 of a street intersection, 50 feet from end of curb radius and 20 feet from 11 crosswalks, whichever is greater. The minimum distance from a gated entry to 12 parking spaces shall be 60 feet or greater. The parking spaces shall not encroach 13 into sidewalks, pedestrian pathways, or impede street and pedestrian traffic. 14 2. Parking space design standards. A minimum of two parking spaces shall be 15 provided for the central mail delivery locations. 16 a. Each parking space shall be a minimum dimension of nine (9)feet wide by 17 twenty-three feet in depth. 18 b. Grade level access to the central mail delivery location shall be provided 19 by one or more of the following: an access aisle, curb cut, curb ramp, or 20 by a similar design. 21 3. Parking requirements in B.1 and B.2 above are not required when: 22 a. A central mail delivery location is sited at recreational facilities and parking 23 is provided as established in LDC section 4.05.04 and pedestrian access 24 is provided from the parking lot area to the central mail delivery location. 25 b. A central mail delivery location is servicing a neighborhood of 16 or fewer 26 postal addresses and grade level access in B.2.b. is provided. 27 C. Lighting. Central mail delivery locations shall be sufficiently lighted by the neighborhood 28 streetlight system at an average illuminated intensity of 0.5 foot-candle. Lighting provided 29 for central mail delivery locations shall be shielded to prevent excessive light and glare. 30 # # # # # # # # # # # # # 15 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. Reference Only: USPS Publication 32- Glossary of Postal Terms: Cluster box unit(CB U) -A centralized grouping of individually locked and keyed compartments or mailboxes, such as a wall-mounted unit in an apartment building or a free-standing neighborhood delivery and collection box unit. The carrier can generally access the individual compartments at one time by using a special key to unlock a facing or rear flat panel (front-or back-loading)or, for vertical boxes, (top-loading) an entire row of boxes that swing away from the wall to expose the tops of each box. Neighborhood delivery and collection box unit-A centralized unit of more than eight individually locked compartments sized to accommodate the delivery of magazines,merchandise samples, and several days' accumulation of mail. In addition, collection mail may be deposited in a designated compartment. USPS - Manual 631.442 Central Delivery Addresses Central delivery mail receptacles (including USPS STD 4C equipment and CBUs, delivery centers, and postal centers)must be identified by the same addresses as the dwellings for which they serve as mail receptacles. The respective, conforming addresses should be displayed inside the boxes and visible only to the carrier and customer when accessing that receptacle. USPS does not assign addresses; however, the sequential ordering of any centralized delivery equipment is subject to USPS approval for operational efficiency and to accommodate special circumstances or requests for hardship delivery. For security or privacy,mailer associations or customer groups may use another alphanumeric identification system on the outside of receptacles that is not part of, or used in, the mailing address. 16 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 6.02.06 Potable Water Facility Level of Service Requirements 6.02.07 Sanitary Sewer Facility Level of Service Requirements CHANGE: To remove outdated standards in LDC sections 6.02.06 and 6.02.07 regarding potable water and sanitary sewer-wastewater treatment facility level of service requirements. The standards are inconsistent with the current potable water and sanitary sewer-wastewater treatment provisions established in the Growth Management Plan (GMP) - Capital Improvement Element (CIE). It is proposed a cross reference to the level of service standards in the Growth Management Plan GMP - CIE is provided in LDC sections 6.02.06 and 6.02.07. REASON: Following the 2011 Evaluation and Appraisal Report (EAR) of the GMP-CIE, ordinance 2013-03,the level of service standards for municipal and private water systems level of service standards were removed. However, the level of service standards for the county were retained in Policy 1.5 D and E, respectively. In 2013, the Potable Water and Sanitary Sewer Sub- Elements of the Public Facilities Element, ordinances 2013-05 and 2013-06, were also amended and the level of service standards were removed and replaced with a cross reference to Policy 1.5 D and E in the GMP-CIE. Throughout these changes, the level of service standards in the LDC section were not updated. The level of service standards in the GMP-CIE will continue to be evaluated and updated several ways. The County's Water-Sewer District evaluates the potable water and sanitary sewer demand through the Water-Wastewater Master Plan updates and adjusts the LOS standards established in CIE Policy 1.5 D. and E, as needed. The figures are also updated through the Annual Update and Inventory Report (AUIR) process. Therefore, there is no longer a need for the standards to be duplicated in the LDC. In addition, LDC sections 6.02.06 and 6.02.07 provide criteria for determining public facility adequacy. This language is similar to Policy 5.1 in the GMP-CIE. It is recommended that the LDC language is modified to reflect the GMP-CIE provision in Policy 5.1 noted below: "The concurrency requirement for the Potable Water,Wastewater Treatment,Drainage Stormwater Management and Solid Waste Disposal Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued;or 17 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. B. The necessary facilities and services are under construction at the time a final site development plan,final plat or building permit is issued;or C. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may include,but is not limited to,development agreements pursuant to Sections 163. 3220 - 163. 3243, Florida Statutes,or an agreement or development order issued pursuant to Chapter 380,Florida Statutes. The agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur,pursuant to Section 163.3180. F.S." Furthermore, the amendment removes the specific standards and provides cross references in LDC subsections 6.02.06 B. and 6.02.07 B to LDC section 10.02.07.F -Requirements for Certificates of Public Facility Adequacy, as they are alike. LDC section 10.02.07.F - Requirements for Certificates of Public Facility Adequacy: "F. Standards for review of application. The following standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy if the State of Florida adopts legislation to ban the collection of impact fees. Before issuance of a certificate of public facility adequacy,the application shall fulfill the standards for the following public facility components: 1. Potable water facilities. a. The potable water component shall be granted if any of the following conditions are met: i. The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. ii. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. iii. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of the LDC section 10.02.07,above. 2. Sanitary sewer facilities and solid waste facilities. a. The sanitary sewer component shall be granted if any of the following conditions are met: i. The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. ii. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. iii. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of sections i.and ii." DSAC-LDR RECOMMENDATIONS: The Subcommittee approved the amendment unanimously with no changes on April 13, 2016. 18 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. DSAC RECOMMENDATIONS: Unanimously approved with no changes on May 4, 2016. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Ordinances 08-63, 13-03, 13-05, and 13-06; GMP- Capital Improvement Element Policy 1.5.D. and E; GMP-Wastewater Treatment Sub-Element Policy 1.3 and Potable Water Sub-Element Policy 2.3. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by: Richard Henderlong, Principal Planner, 04/08/16 Amend the LDC as follows: 1 6.02.06 -Potable Water Facility Level of Service Requirements 2 A: See Policy 1.5 D, the Capital Improvement Element of the Growth Management Plan or 3 successor section, for the level of service standards for potable water facilities. The LOS 4 - --- - -- -- - - - -- -- - -- - - :..e - - - - - - - - - - - • - 5 ;:ystoms. 6 1. For the Collier County Water and Sewer District, the LOS is 185 gallons per capita 7 per day(GPCD). 8 • - •- -eee -•e - - 0.- - , •- 0- - -- -•. 9 e - - , .e " - -- -- - - -• "-- . •- °_ _`-•. 10 - - -- - - -- ee - -e -• .-- - , •- !- -- -•. 11 - . . - 12 :e _ • - - -• - -- - - - - • '- - •- - - - - 13 - - .. : - •- - - - - - -- e - - - - - - -• 14 from these LOS requirements. 15 B. The Odetermination of public facility adequacy for potable water facilities shall be based 16 on the-fallowing; LDC section 10.02.07 F.1. 17 1. The required public facilities are in place at the time a final site development plan, 18 •- . ee - • e .. e •• --e. 19 2. The required public necessary facilities and services arc under construction at the 20 ••- - - - - - e .„ - e . - _• •- 21 issued. 22 3. The required public necessary facilities arc guaranteed in an cnforc able 23 24 and 6.02.06 B_2. of the LDC. 25 26 # # # # # # # # # # # # # 27 28 6.02.07 -Sanitary Sewer-Wastewater Treatment Facility Level of Service Requirements 29 A. See Policy 1.5 E, the Capital Improvement Element of the Growth Management Plan or 30 successor section, for the level of service standards for sanitary sewer — wastewater 31 treatment facilities. The LOS for capital sanitary sewer facilities varies between public 32 33 '- 34 e - --- • - • - ' __ .l - •• - '- - - --- • - - - -- -- ' - 19 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. 2 •- - e ' - - - - •••_e -- - - - - -- - - - -•. 3 B. The LOS for independent districts and private sanitary sewer systems is the sewage flow 4 - - -- -- - - - - .- -- - - -- - - 5 - - - - - - - . ' -- e -- - - - .-e - - - --- - - - - e-- •- 6 LOS requirements. 7 G The determination of public facility adequacy for sanitary sewer-wastewater treatment 8 facilities shall be based on the fol` lro^Tng: LDC section 10.02.07 F.2. 9 1. The required public facilities are in place at the time a final site development plan, 10 - • - - - - .. . . 11 _ . . -- --- - - -- - - - •-- -- - -- - - •- - - •- 12 - - - - • - - - - - - - - - - • e e- •• .:e.3. The required public facilities are guaranteed in an enforceable development 14 . e _ - -- •- - - . - - - - -. .e- -. .' . - - -.' .' 15 C2. 16 # # # # # # # # # # # # # 20 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof CHANGE: To expand the Site Development Plan—Insubstantial Change(SDPI)process to allow existing buildings,which are subject to the architectural standards of the LDC, to have the ability to make architectural modifications through the SDPI process. REASON: Currently, LDC section 10.02.03 G.2 establishes criteria that must be met in order for a modification to a site development plan to qualify as an SDPI. The following is a synopsis of the criteria for a SDPI. • No South Florida Water Management District permit, or letter of modification is required, • No new accesses to a public street are proposed, • There are no additions to existing buildings, • There are no changes to the building footprint, • There are no changes to, or reconfiguration of,preserve areas, • There are no new accessory structures that generate additional traffic, and • There are no revisions to landscape plans that would impact the site development plan. The current SDPI criteria do not allow for architectural alterations to an existing building. Rather, modifications which are subject to LDC section 5.05.08 Architectural and Site Design Standards require a Site Development Plan Amendment (SDPA)process. When the criteria for SDPIs were established by Ord. No. 03-27, they were designed to identify when the scope of work would require an extensive or multidisciplinary review process. At that time, changes that trigger the requirements of the Architectural and Site Design Standards were identified as one of the conditions that would require an SDPA process. However, since that time numerous applications which only impact the architectural design have been reviewed, such as facade enhancements and interior renovations and are limited to the existing building. These applications do not trigger the other SDPI criteria and therefore the review is not extensive and does not require a multidisciplinary review process. When an SDPA is required, the entire project must be brought to the current LDC standards. This amendment may support façade improvements by limiting the review to only architectural and other changes that fall under the SDPI criteria. 21 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed amendment with no changes on February 1,2016. However,the Subcommittee recommended that comprehensive changes to the SDPI section should be considered in a future cycle. DSAC RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016. FISCAL & OPERATIONAL IMPACTS: Providing for architectural review through an SDPI will reduce the staff time required to complete reviews for some insubstantial changes to architectural plans since they will no longer be required to submit a full SDPA, and will reduce associated time and costs to applicants. RELATED CODES OR REGULATIONS: LDC section 5.05.08-Architectural and Site Design Standards. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: Prepared by Jeremy Frantz, Senior Planner, 12/15/15. Amend the LDC as follows: 1 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments 2 thereof 3 4 G. Amendments and insubstantial changes. Any proposed change or amendment to a 5 previously approved site development plan shall be subject to review and approval by 6 the County Manager or designee. Upon submittal of a plan clearly illustrating the 7 proposed change, the County Manager or designee shall determine whether or not it 8 constitutes a substantial change. In the event the County Manager or designee 9 determines the change is substantial, the applicant shall be required to follow the 10 review procedures set forth for a new site development plan. 11 1. Site development plan amendments (SDPA). A substantial change, requiring a 12 site development plan amendment, shall be defined as any change which 13 substantially affects existing transportation circulation, parking or building 14 arrangements, drainage, landscaping, buffering, identified 15 preservation/conservation areas and other site development plan 16 considerations. 17 2. Site development plan insubstantial changes (SDPI). The County Manager or 18 designee shall evaluate the proposed change in relation to the following criteria; 19 for purposes of this section, the insubstantial change procedure shall be 20 acceptable where the following conditions exist with respect to the proposed 21 change: 22 a. There is no South Florida Water Management District permit, or letter of 23 modification, needed for the work and there is no major impact on water 24 management as determined by the Engineering Services Director. 25 b. There is no new access proposed from any public street, however 26 minimal right-of-way work may be permitted as determined by the 27 Transportation Planning Director. 22 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 c. There is no addition to existing buildings (air-conditioned space) 2 proposed, however a maximum area of 300 square feet of non-air- 3 conditioned space used for storage, or to house equipment, will be 4 permitted. 5 d. There is no proposed change in building footprint or relocation of any 6 building on site beyond that needed to accommodate storage areas as 7 described in LDC section 10.02.03 G.2.c, above. 8 e. The change does not result in an impact on, or reconfiguration of, 9 preserve areas as determined by the Natural Resource Director. 10 f. The change does not result in a need for additional environmental data 11 regarding protected species as determined by the Natural Resources 12 Director. 13 g. The change does not include the addition of any accessory structure 14 that generates additional traffic as determined by the Transportation 15 Planning Director, impacts water management as determined by the 16 Engineering Services Director, or contains air-conditioned space. 17 h. The change does not trigger the requirements of LDC section 5.05.08 as 18 19 +h. There are no revisions to the existing landscape plan that alter or impact 20 the site development plan (as opposed to only the landscape plan) as 21 determined by the landscape architect. 22 # # # # # # # # # # # # # 23 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Page Intentionally Blank 24 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Planning and Zoning Division AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 1.08.02 Definitions 2.03.03 Commercial Zoning Districts 2.03.06 Planned Unit Development Districts 2.03.08 Rural Fringe Zoning Districts 3.05.10 Littoral Shelf Planting Area(LSPA) 4.06.02 Buffer Requirements 4.06.05 General Landscape Requirements 5.06.00 Sign Standards and Regulations By Land Use Classification CHANGE: This amendment proposes to correct scrivener errors, incorrect cross references, remove a duplicate permitted use in C-5 Zoning District, and address a missing cross reference. REASON: The following LDC amendments are not substantive in nature. • When Ordinance 09-43 was adopted, definitions related to signs in LDC section 1.08.02 were removed and replaced with modifications in LDC section 5.06.00. This amendment removes duplicate definitions that were inadvertently retained in LDC section 1.08.02. At the same time, an incorrect definition of"ground sign"was added to LDC section 5.06.00,and"Sign,project identification"was removed from the LDC, but "Project identification sign" was neither removed from LDC section 1.08.02 nor replaced in LDC section 5.06.00. This amendment corrects these definitions in LDC section 5.06.00. • LDC section 2.03.03 E.l.a. C-5 Zoning District identifies"Reupholstery and furniture repair" twice. The amendment removes the duplication and renumbers the remaining uses. • LDC section 2.03.06 B.3 has a typographic error. "Lad" is corrected to"land". • LDC section 2.03.06 G.6 incorrectly identifies the location of building foundation planting standards as LDC section 4.06.05 B.4. This reference is updated to 4.06.05 C. • Ordinance 05-27 amended LDC section 2.03.08 to correct subparagraph lettering and several cross references in the section were not updated.All cross references have been updated. 25 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term • LDC section 3.05.10 C.2 refers to a Figure 1, however, the figure is labeled "Figure 3.5.11.3.2." The amendment corrects the figure title to"Figure 3.5.10."Additionally, within the figure there is another incorrect reference which has been updated. • LDC section 4.06.02 C.4.b. has an incorrect cross reference which has been updated. • LDC section 4.06.05 I.1. has an incorrect cross reference and it has been updated. • LDC section 4.06.05 N l.a contains provisions for water management areas. The amendment proposes to remove a reference to "Body of Water Shapes, Figure Y" which no longer exists. After reviewing several configurations of water management areas on construction plans, staff has determined reintroducing a "Body of Water Shapes" figure would be too confusing and too restrictive for smaller water body shapes, especially those with a 100' minimum width. The effect of the provision is maintained; water body shapes must be designed to appear natural with curvilinear edges. DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed amendment with no changes on February 1, 2016. DSAC-RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: Prepared by Richard Henderlong, Principal Planner,4/1/16 Amend the LDC as follows: 1 1.08.02 Definitions 2 3 _e-. - - - . .•e- - -- -• - - - - - -- - - - - •- - - • 5 • ••- - -- • • •- e:_•e• _e•_ --•-• - •- - e•:_ , 7 Ground sign:A sign, 8 ft. in height or lower which is independent of support from any 9 •- - -- -• -I e: -- - - == -- -- - " s - - - 10 11 - - - - - - - - - -- - - - se - - - - 12 attachcd to a string or wire, either singularly or in series. 13 26 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 - _ • --4- . - - - - ---- • 2 -- - - * -- - -• -- - - - -- - - - - --- - - - - - -- - ee - -- - 3 - -- • --• -! -- - • -•e !! -- --• e •- - - - - • - . 4 * * * * * * * * * * 5 ' e*:. -- • . .-- -• .4•: A - :_ - - ...e• • • - - - --- --• * *-- - - :_ee• • - 6 - - - -- - • e• , - - -- - - -- e. .- - - •- - -- . - - - - -. - - 7 signage. 8 # # # # # # # # # # # # # 9 10 2.03.03 -Commercial Zoning Districts 11 * * * * * * * * * * * * 12 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning 13 district, the heavy commercial district (C-5) allows a range of more intensive 14 commercial uses and services which are generally those uses that tend to utilize 15 outdoor space in the conduct of the business. The C-5 district permits heavy 16 commercial services such as full-service automotive repair, and establishments 17 primarily engaged in construction and specialized trade activities such as contractor 18 offices, plumbing, heating and air conditioning services, and similar uses that typically 19 have a need to store construction associated equipment and supplies within an 20 enclosed structure or have showrooms displaying the building material for which 21 they specialize. Outdoor storage yards are permitted with the requirement that such 22 yards are completely enclosed or opaquely screened. The C-5 district is permitted in 23 accordance with the locational criteria for uses and the goals, objectives, and 24 policies as identified in the future land use element of the Collier County GMP. 25 1. The following uses, as identified with a number from the Standard Industrial 26 Classification Manual (1987), or as otherwise provided for within this section 27 are permissible by right, or as accessory or conditional uses within the 28 heavy commercial district (C-5). 29 a. Permitted uses 30 * * * * * * * * * * * * * 31 154. Reupholstery and furniture repair(7641). 32 155. Roofing, siding and sheet metal work contractors (1761). 33 156. Secretarial and court reporting services (7338). 34 157. Security and commodity brokers, dealer, exchanges and 35 services (6211-6289). 36 158. Security systems services (7382). 37 159. Shoe repair shops and shoeshine parlors (7251). 38 160. Social services, individual and family (8322-8399, except 39 homeless shelters and soup kitchens). 40 161. Special trade contractors, not elsewhere classified (1799). 41 162. Structural steel erection contractors (1791). 42 163. Surveying services (8713). 43 164. Tax return preparation services (7291). 44 165. Taxicabs (4121). 45 166. Telegraph and other message communications (4822) including 46 communications towers up to specified height, subject to LDC 47 section 5.05.09. 48 167. Telephone communications (4812 and 4813) including 49 communications towers up to specified height, subject to LDC 50 section 5.05.09. 27 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 168. Theatrical producers and miscellaneous theatrical services, 2 indoor(7922-7929, including bands, orchestras and 3 entertainers; except motion picture). 4 169. Tour operators (4725). 5 170. Travel agencies (4724). 6 171. Truck rental and leasing, without drivers (7513). 7 172. United State Postal Service (4311, except major distribution 8 center). 9 173. Reupholstery and furniture repair(7611). 10 179173. Utility trailer and recreational vehicle rental (7519). 11 175174. Veterinary services (0741 & 0742, excluding outside 12 kenneling). 13 176175. Videotape rental (7841). 14 177176. Vocational schools (8243-8299). 15 4-78177. Wallpaper stores (5231). 16 179178. Watch, clock and jewelry repair(7631). 17 180179. Water well drilling (1781). 18 181180. Welding repair(7692). 19 4-82181. Any use which was permissible under the prior General Retail 20 Commercial (GRC) zoning district, as identified by Zoning 21 Ordinance adopted October 8, 1974, and which was lawfully 22 existing prior to the adoption of this Code. 23 183182. Any other commercial use or professional services which is 24 comparable in nature with the foregoing uses including those 25 that exclusively serve the administrative as opposed to the 26 operational functions of a business and are purely associated 27 with activities conducted in an office. 28 4-84183. Any other commercial or professional use which is comparable 29 in nature with the (C-1) list of permitted uses and consistent 30 with the purpose and intent statement of the district as 31 determined by the board of zoning appeals pursuant to LDC 32 section 10.08.00_. 33 # # # # # # # # # # # # # 34 35 2.03.06 - Planned Unit Development District 36 * * * * * * * * * * * * 37 B. The PUD process is intended to accomplish the following: 38 * * * * * * * * * * * * * 39 3. Encourage patterns of lad land use that support economical provisions of 40 infrastructure, resulting in smaller networks of utilities and streets with 41 consequent lower construction and future maintenance costs. 42 * * * * * * * * * * * * * 43 G. Residential Mixed Use Neighborhood Center PUD Design Criteria. 44 * * * * * * * * * * * * * 45 6. Building Foundation Plantings. 46 a. Building foundation plantings shall be required per LDC section 47 4.06.05 8,4,C, of the Code except as follows: The building regardless 48 of its size, shall provide the equivalent of 10 percent of its ground level 49 floor area, in building foundation planting area. A continuous building 50 foundation planting width is not required per LDC section 4.06.05 B.5.a. 51 of the Code. However, the foundation plantings shall be located within 28 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikcthrough is curront text to be deleted. Bold text indicates a defined term 1 21 feet of the building edge in the form of landscaped courtyards and 2 seating area landscaping. 3 # # # # # # # # # # # # # 4 5 2.03.08— Rural Fringe Zoning Districts 6 * * * * * * * * * * * 7 A. Rural Fringe Mixed-Use District (RFMU District). 8 * * * * * * * * * * * * 9 4. RFMU sending lands. RFMU sending lands are those lands that have the 10 highest degree of environmental value and sensitivity and generally include 11 significant wetlands, uplands, and habitat for listed species. RFMU sending 12 lands are the principal target for preservation and conservation. Density may 13 be transferred from RFMU sending lands as provided in LDC section 2.03.07 14 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. With 15 the exception of specific provisions applicable only to NBMO neutral lands, the 16 following standards shall apply within all RFMU sending lands: 17 a. Allowable uses where TDR credits have not been severed. 18 * * * * * * * * * * * * 19 (2) Accessory uses. Accessory uses and structures that are 20 accessory and incidental to uses permitted as of right in LDC 21 section 2.03.08(A)(2)(a)(1)A.4.a.1 above. 22 * * * * * * * * * * * * * 23 24 C. North Belle Meade Overlay District (NBMO). 25 * * * * * * * * * * * * * 26 2. General location. The NBMO District is surrounded by Golden Gate Estates to 27 the north, east, and west and 1-75 to the south. This NBMO comprises some 24 28 sections of land (approximately 15,550 acres) located entirely within the RFMU 29 District(LDC section 2.03.08 A.). The boundaries of the NBMO District are 30 outlined in Illustration 2.03.08 D.2.A C.2.a below and on the North Belle Meade 31 Overlay Map in the Future Land Use Element of the GMP. 29 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GATE BOULEVARD 5 CC to w c 0 bklifr,q4 w • ALLIGATOR ALLEY (S R 84) INTERSTATE-75 1 , 2 Illustration 2.03.08 D.2.A.C.2.a 3 4 3. Applicability: 5 a. NBMO receiving lands. Permitted, conditional, and accessory uses 6 within NBMO Receiving Lands shall be as set forth in LDC section 7 2.03.08 (42-)A.2, except as provided in LDC section 2.03.08 8 ( )C.5.a. All other provisions of this Code that implement the Future 9 Land Use Element, Conservation and Coastal Management Element, or 10 Public Facilities Element, including but not limited to Chapters 3, 4 and 11 10, shall only be applicable to development in NBMO Receiving Lands 12 to the extent specifically stated in this section. However, all development 13 within NBMO Receiving Lands shall comply with all non-environmental 14 review procedures for site development plans and platting as set forth in 15 this Code. 16 b. NBMO neutral lands. Except as otherwise specifically provided in LDC 17 section 2.03.08 D4C_4. and section 2.03.08 D.5 bC.5.b, all development 18 within NBMO neutral lands shall be consistent with LDC section 2.03.08 19 A.3. 20 c. NBMO sending lands. Except as otherwise specifically provided in LDC 21 section 2.03.08 D.4 C.4., all development with NBMO Sending Lands 22 shall be consistent with LDC section 2.03.08 A.4. 23 # # # # # # # # # # # # # 24 25 26 27 30 l:12015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 3.05.10 - Littoral Shelf Planting Area (LSPA) 2 3 C. Application to existing lakes. All previously approved projects requiring littoral plantings 4 shall meet the operational requirements set out in LDC section 3.05.10 B. above. 5 6 2. For amendments to approved excavations where the proposed amendments will 7 modify the previously approved lake shoreline or increase the previously 8 approved lake area, signage of the planted littoral areas shall be required subject 9 to LDC section 3.05.10 A.6. 10 a. For amendments that modify less than 20 percent of the previously 11 approved shoreline but increase the previously approved lake area, only 12 the additional portion of the lake shall be used to calculate the additional 13 LSPA area using the percentage requirements of LDC section 3.05.10 A.1. 14 (See f-Figure 4 3.05.10 below)_This additional LSPA shall conform to the 15 design requirements of LDC section 3.05.10 A. 16 b. For amendments that modify 20 percent or more of the previously approved 17 shoreline, the total lake area shall be used to calculate the LSPA area 18 using the percentage requirements of LDC section 3.05.10 A.1. (See f 19 Figure 4 3.05.10 below). The LSPA shall conform to the design 20 requirements of LDC section 3.05.10 A. 31 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term -I "Image to be igure 3.5.11.3.2 isting lake — — — — Ia' - addition For amendments th. modify the existing la area by adding an addition, o the new portion • the lake shall be used to calculate e LSPA area ng the percentage requirements o .5.11.1.1. 1y Aidd‘. existing shoreline — — — modified lake shoreline • .r amendments that modify the existing shoreline greater than 20 percent, the total lake area shall be used to calculate the LSPA area using the percentage requirements of 3.5.11.1.1. P -ARED BY.OFFICE OF ORAPUICS AND TECHNICAL SUPPORT .MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ATE 5/2004 FILE LDC-20O44.DV* 1 32 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term **Revised image** existing lake — --- — lake addition For amendments that modify the existing lake area by adding an addition, only the new portion of the lake shall be used to calculate the LSPA area using the percentage requirements of LDC Section 3.05,10.A.1 -- —� J I I I 1 it existing shoreline — — — — modified lake shoreline For amendments that modify the existing shoreline by greater than 20 percent,the total lake area shall be used to calculate the LSPA area using the percentage requirements of LDC Section 3.05.10.A.1 613fPArin AV G_VCA MAP>T6 SECT T0,- 641101'h ..G4O,TF!/,ANAy.EMEIT TME\T )ATf.12/SOL5 --?:LX.-?;AY-40 DWG 1 2 Figure 3.05.10—Modified Littoral Shelf Planting Area 3 # # # # # # # # # # # # # 4 5 6 7 33 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 4.06.02 - Buffer Requirements 2 * * * * * * * * * * * 3 C. Table of buffers. 4 * * * * * * * * * * * * * 5 4. Type D Buffer: A landscape buffer shall be required adjacent to any road right- 6 of-way external to the development project and adjacent to any primary access 7 roads internal to a commercial development. Said landscape buffer shall be 8 consistent with the provisions of the Collier County Streetscape Master Plan,which 9 is incorporated by reference herein. The minimum width of the perimeter 10 landscape buffer shall vary according to the ultimate width of the abutting right- 11 of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the 12 corresponding landscape buffer shall measure at least ten feet in width. Where 13 the ultimate width of the right-of-way is 100 or more feet, the corresponding 14 landscape buffer shall measure at least 15 feet in width. Developments of 15 15 acres or more and developments within an activity center shall provide a 16 perimeter landscape buffer of at least 20 feet in width regardless of the width of 17 the right-of-way. Activity center right-of-way buffer width requirements shall not 18 be applicable to roadways internal to the development. 19 * * * * * * * * * * * * * 20 b. A continuous 3 gallon double row hedge spaced 3 feet on center of at 21 least 24 inches in height at the time of planting and attaining a 22 minimum of 30 inches in height in one year shall be required in the 23 landscape buffer where vehicular areas are adjacent to the road 24 right-of-way, pursuant to LDC section 4.06.05 C4-D.4. 25 # # # # # # # # # # # # # 26 27 4.06.05 -General Landscaping Requirements 28 * * * * * * * * * * * * * 29 I. Location requirements for signage adjacent to landscape buffer. 30 1. Signage located within/adjacent to landscape buffer area. All trees and shrubs 31 located within landscape buffer shall be located so as not to block the view of 32 signage as shown in Figure 4.06.05 H. below, Signage adjacent to landscape 33 buffer. Sign locations shall be shown on the landscape plan and 100 square feet 34 of landscaping shall be provided as required by LDC section 5.06.01 5.06.04 F. 35 * * * * * * * * * * * * * 36 N. Water management areas. 37 1. Natural and manmade bodies of water including retention areas for all 38 developments subject to LDC sections 5.05.08, 4.06.02 D, and 3.05.10. 39 a. Configuration of water management areas. The shape of a manmade body 40 of water, including retention and detention areas, must be designed to 41 appear natural with curvilinear edges. See "Body of Water Shapos" Figuro 42 Y in subsection /1.06.02 D. An alternative design may be approved as a 43 part of the design of the building, if the design of the water management 44 area is related to the architectural design of the building. 45 # # # # # # # # # # # # # 46 47 5.06.00 -SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 48 A. Definitions. The definitions of the following terms shall apply to the requirements of the 49 Land Development Code, in particular this section 5.06.00, to be known as the "Collier 50 County Sign Code." 51 * * * * * * * * * * * * * 34 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikcthrough is current text to be deleted. Bold text indicates a defined term 1 Ground sign:A sign that is supported by one or more columns, upright 2 -- ' - - -- - - - -•• - -- - - -•• -• -- - - - e..e, - 3 •- ' ' - - - - - -- - - •- e.• - •- ..e• .. . ..•:e - - - 4 a building. 5 Ground sign: A sign, 8 ft. in height or lower which is independent of 6 support from any building, that is mounted on freestanding poles or other 7 supports, and shall include a pole cover that is between 50 percent and 100 8 percent of the overall sign width. 10 Project identification sign:A directional sign which provides identification 11 or recognition of a development only, individual tenants or outparcels are not 12 permitted to use this type of signage. 13 # # # # # # # # # # # # # 35 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Page Intentionally Blank 36 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 2.03.07 Overlay Zoning Districts—Immokalee Urban Overlay 4.02.33 Specific Design Standards for the Immokalee --Mobile Home Park Overlay Subdistrict 10.02.05 Construction, Approval, and Acceptance of Required Improvements CHANGE: To provide a new application and approval process for nonconforming mobile homes sites in Immokalee to be considered a permitted use and lawful. The new application,described as an"existing conditions site improvement plan"will provide property owners of the mobile homes the ability to replace mobile home units with an approved building permit. The new unit will be required to meet current Florida Building Code requirements and all other local building construction standards. This amendment is designed to assist several groups. First, it will allow mobile home owners who rent their mobile home units to upgrade their parks with new mobile home units. Second, it will allow individuals and families that own their mobile home and rent the lot, to replace their units as well. Additionally, the proposed process seeks to encourage maintaining housing options that are more affordable for low income populations in Immokalee. The current LDC section establishes an overlay district which covers the Immokalee Urban Boundary. This means that only a nonconforming mobile home park or site located in the Immokalee Urban Boundary can apply for this process. Figure 1 below identifies the Immokalee Urban Boundary. Irt• LOQR1YDh ji IR gpnK Rig wus wm "tt i i 37 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. The existing conditions site improvement plan application and process include the following: 1. Establish language in LDC section 2.03.07 G.6 that provides a new process for an existing conditions site improvement plan to be reviewed by the Growth Management Department. The application requirements are proposed in a new Administrative Code for Land Development section I.3.a. See Attachment 1 for additional details. In addition, a new application fee is associated with the process.Only the requirements and process identified in the Administrative Code section would be required. 2. Review criteria for the application includes a minimum separation requirement consistent with the State Fire Marshal Rule 69A-42.0041 Fire Separation Requirements,which reads as noted below. 69A-42.0041 Fire Separation Requirements. No portion of a mobile home,excluding the tongue,shall be located closer than 10 ft. (3m)side to side, 8 ft.(2.4m)end to side,or 6 ft.(1.8m)end to end horizontally from any other mobile home or community building unless the exposed composite walls and roof of either structure are without opening and constructed of materials that will provide a one-hour fire resistance rating or the structures are separated by a one-hour fire-rated barrier. Rulemaking Authority 633.104(1), 633.206(1)(b) FS. Law Implemented 633.104(4), 633.206 FS.History New 10-19-09. The section includes a requirement that the District Fire Official provide written confirmation that either an existing fire hydrant or a supplemental apparatus provided by the Fire District is adequate for fire protection. The last criteria is established in the National Fire Codes, 501A-11, Chapter 6, 6.1.1 through 6.1.2. Section 6.1.1.2 will be met by obtaining approval of the existing conditions site improvement plan. The site plan requirements established in 6.1.1.3 have been integrated in a new Administrative Code for Land Development section for ease of use. The standards are as follows: 6.1.1 Site Plan. 6.1.1.1 Arrangement of manufactured homes and accessory buildings or structures on the site shall not restrict reasonable access to site the emergency personnel. 6.1.1.2 Each community operator shall maintain a community site plan for review by agencies responsible for emergency services. 6.1.1.3 The site plan shall include,but shall not be limited to,the following information: (1) Street names. (2) Site separation lines (3) Site numbers (4) Water supplies for fire protection personnel (5) Fire alarms 38 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. (6) Utility disconnects 6.1.2 Each street name in the manufactured home community shall be clearly marked with signs, and each manufactured home site shall be marked for identification in a uniform manner that is clearly visible from the street serving the site. 3. The proposed amendment also addresses density of the site. Once the existing conditions site improvement plan is approved,property owners would be able to replace mobile home units with an approved building permit at sites shown on the site plan. The replacement mobile home would meet the current Florida Building Code and all other local building construction requirements (such as elevation requirements). 4. Additional provisions address situations where properties are in excess of underlying permitted density and where properties that may have additional density available,but have not utilized it due to a lack of an approved site plan. a. Where properties currently exceed the density allowed for by the zoning district, the approved existing conditions site improvement plan would establish the "existing" density and would be defined as the density on the property as of the aerial flight data collected from the Collier County Property Appraiser before February 2016. b. Where the underlying zoning district(i.e.MH or VR or MHO)allows for additional density, new mobile homes may be added and shall be identified on the site plan. New mobile homes would be subject to the dimensional standards established in LDC section 4.02.33 -Specific Design Standards for new Mobile Home lots in the Immokalee Urban Overlay —Mobile Home Park Overlay Subdistrict. This section provides relief from the standard minimum lot with and setback requirements for mobile homes in the three districts where mobile homes are allowed. This section is not intended to be used for a brand new mobile home park in Immokalee. LDC section 4.02.33 is amended to identify dimensional requirements for the placement of a new mobile home unit and other available improvements. An explanation of the purpose and intent of the section is included. 5. The Administrative Code for Land Development will be updated to include the application requirements. In addition, a specific application will be prepared for this process. 6. A new fee of $750 will be added to the fee schedule for the Existing Conditions Site Improvement Plan. 7. LDC section 4.02.33 is amended to provide dimensional relief for new mobile homes lots that are approved on a nonconforming mobile home park or site through the existing conditions site improvement plan process (or subsequent amendment). 8. LDC section 10.02.05 F is proposed to be removed as it is no longer relevant to the proposed process. REASON: Currently,there are Immokalee Nonconforming Mobile Home Parks and other mobile home sites that have sought or are currently seeking the ability to replace mobile home units. The 39 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. existing LDC standards and procedures established LDC section 2.037,4.02.33,and 10.02.05 have not been effective in providing legal status to the mobile home sites and therefore these sections no longer fit the needs of the property owners in Immokalee. All of the sites that qualify for the proposed process are nonconforming,which means that they do not meet the site design requirements established in the LDC for mobile home parks or other sites where mobile homes are located. In this case, many of these mobile home sites have been in existence for decades and in some cases, likely existed before the LDC site design standards for mobile home parks or sites were established. Past LDC requirements have required property owners to hire engineers, landscape architects, lawyers, and other professionals to try and address their nonconforming status. Property owners have relayed that, in some cases, their ability to lease out units or sell property has been delayed or even stopped until their nonconforming status has been deliberated and resolved. When a mobile home park or other site is considered nonconforming, it creates a number of problems for the owner of the park. As long as the nonconforming status remains, owners are limited in what they can improve, expand,replace or otherwise modify in their parks. In addition, selling such properties with the determination of unresolved nonconformities becomes very difficult. In sum, there are multiple benefits to establishing the existing conditions site improvement plan process: 1) Property owners will be able to replace units with newer units with an approved building permit. Currently, mobile home owners are unable to replace mobile home units. With an approved site plan they will be able to replace units with new or newer units. In doing so, they will be required to meet all current Florida Building Code requirements and other local construction standards for mobile homes (i.e. FEMA elevation criteria). Separation requirements will be as identified in the approved existing conditions site improvement plan. Replacing mobile home units has the potential to improve conditions for occupants, both for those that own their own mobile home and those that are renters. 2) Maintains existing affordable housing in Immokalee. Based on input from park owners, they provide housing for several groups of people, including families that rent lots on a permanent basis. Others rent to farmworkers and seasonal migrant laborers. According to the 2010-2014 American Community Survey 5-Year Estimates the median income in Immokalee is $25,725 ("American Fact Finder" US Census Bureau. Accessed April 19, 2016. www.factfinder.census.gov). This income level puts a family of four just above the Extra Low Income category and mobile homes may be one of the more affordable places for families and individuals to live. If additional density is available, or when units are added consistent with density standards,more affordable units may be created through this process. Additionally, allowing for the existing conditions to be retained, instead of requiring current LDC site design standards,may prevent rental fees from increasing which 40 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. may have been needed funding by property owners in order to pay for any site improvements. 3) Park owners and other property owners will be able to sell their property with legal status. Market viability has the potential to provide stability for property owners looking into the future and the potential for additional investment into the properties. 4) Numerous Collier County Code Enforcement issues will be resolved. Currently,there are many code enforcement cases that have not been addressed for a number of the mobile home parks and other mobile home sites. An approved existing conditions site improvement plan would alleviate these prior enforcement issues. DSAC-LDR RECOMMENDATIONS: The Subcommittee reviewed the amendment on April 13, 2016 and suggested changes including formatting and content of the applicability section. The Subcommittee also asked for clarifications regarding the inspections process. An updated amendment was shared with the Subcommittee prior to DSAC approval. DSAC RECOMMENDATIONS: Approved unanimously with no changes on May 4, 2016. FISCAL& OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are potentially mobile home parks that are inconsistent with the GMP future land use element. This amendment requests that any mobile home parks or sites be deemed consistent with the GMP by policy. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 1 2.03.07 Overlay Zoning District 2 3 G. Immokalee Urban Overlay 4 5 6. Nonconforming Mobile Home Site Park Overlay Subdistrict. 6 Establishment of special conditions for these properties which by virtue of 7 actions preceding the adoption of Ordinance No. 91-102, on October 30, 8 1991, were deemed to be nonconforming as a result of inconsistencies 9 with the Land Development Code, and are located within the Immokalee 10 Urban Boundary as depicted on the Immokalee Area Master Plan. 11 a. Purpose and intent.The purpose of these provisions is to recognize that 12 there are nonconforming mobile homes on properties parks in the 13 Immokalee Urban Area and to establish a process to provide property 14 owners an official record acknowledging the permitted use of the property 15 and render existing mobile homes, and other structures, as lawful. to 41 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public'Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikethrough is current text to be delotod. Bold text indicates a defined term. 1 provide incentives to upgrade these parks while requiring the elimination 23 alternative developmont standards in order to cause some upgrading of 4 conditions that would normally be required of conforming mobile homo 5 parks. Travel trailers, regardless of the square footage, are not permitted 6 as a permanent habitable structure. Travel trailers, regardless of the 7 square footage, are not permitted as a permanent habitable structure 8 and may not seek relief under this section. Properties that cannot meet 9 the requirements may pursue an agreement with the Board of County 10 Commissioners to establish compliance with this LDC section 2.03.07 11 G.6. 12 b. Application requirements. Property owners shall file an application as 13 provided for in the Administrative Code, Chapter 4, Section l.3.a — 14 Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site 15 Improvement Plan and shall only be subject to the criteria, requirements, 16 and process expressly stated in the Administrative Code and this LDC 17 section. 18 c. Criteria for review. The following criteria shall apply to the existing 19 conditions site improvement plan approval process and shall be reviewed 20 by the County Manager or designee. 21 i. Minimum separation requirements shall be consistent with State 22 Fire Marshal Rule 69A-42.0041 Fire Separation Requirements. 23 ii. The District Fire Official shall provide written confirmation that 24 either an existing fire hydrant or a supplemental apparatus, 25 provided by the Fire District, is adequate for fire protection. 26 iii. National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1 27 through 6.1.2). 28 q. Density. Once the existing conditions site improvement plan is approved, 29 owners may replace mobile home units with an approved building permit 30 at sites shown on the site plan. Replacement units may be larger than the 31 removed unit, so long as the minimum separation standards established 32 in LDC section 2.03.06. G.6.c.i are met. 33 i. Where properties currently exceed the density allowed for by the 34 zoning district, the approved existing conditions site plan shall 35 establish the maximum density on the property which shall not 36 exceed the density of the property as depicted on the Property 37 Appraiser aerial maps dated before February 2016. All lots and 38 units shall be consistent with the approved existing conditions site 39 improvement plan. 40 ii. Where the zoning district allows for additional density, new mobile 41 home may be added and shall be identified on the site plan. New 42 mobile homes shall be subject to the dimensional standards 43 established in LDC section 4.02.33. 44 b. Required site improvement plan application. The property owners of all- 45 nonconforming mobile home developments/parks that were in existence 46 before November 13, 1991, i.e., that predate Ordinance No. 91 102, the 47 land development code, shall be required to submit a site improvement 48 plan (SIP)meeting the standards set forth below by January 9, 2003 or 49 thereafter within the time frame set forth in an order of the Code 50 ' - .:••z• _e- - .•e•-e - - - - e • - - - - •: e- - 51 _ . - -- - - -- - -- • k - - • :• - -- • - - - • 52 -- - --- - - - - --- - - -- - -- - - - - - -42 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. 1 also establishing the date by which such violation will be cured through 2 the SIP submittal process set forth below. 3 c. The site improvement plan (SIP) master plan shall illustrate the way 4 - -- - -- - - - - -- - - - -- - - _ -- -, 5 e - ---, _•e -- - -- e - - •- = e ,• •--- -- - •- = 6 number and location of buildings shall be reviewed for consistency with 7 Code requirements(i.e. setbacks, space between buildings, density, and 8 the like). Similarly, the SIP shall serve to provide a basis for obtaining 9 approval of required infrastructure improvements such as-those 10 referenced herein. The approved SIP showing all of the above shall 11 become the official record acknowledging the legal use of the property. 12 Failure to initiate this process within the time frames set forth above, will 13 --- •' - ---- - - - . - - - --- e - • -- -- -- - 14 ... -- - - -- - - - - --- - - -- - - 15 permit and all mobile homes deemed to be unsafe and unfit for human 16 •-- - - e e .e• -• - •- -e. -- e ---- - 17 otherwise prohibited by state law. 18 d. For the specific requirements concerning the SIP submission referenced 19 in b. and c. above, see Section 10.02.05 F. of this Code. 20 21 # # # # # # # # # # # # # 22 23 4.02.33 -Specific Design Standards for new Mobile Home lots in the Immokalee Urban 24 Overlay Mobile Home 25 26 The purpose of this section is to provide relief from the dimensional standards established in 27 LDC section 4.02.01 for new mobile home lots approved through an existing conditions site 28 improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay 29 Subdistrict, as established in LDC section 2.03.07 G.6. This section shall not apply to the 30 replacement of mobile home units identified on lots established by an existing conditions site 31 improvement plan. 32 33 A. Dimensional standards. 34 35 Table 15. Dimensional standards for the Nonconforming Mobile Home Site Park Overlay 36 Subdistrict Design Standard Minimum lot requirements ,2,400 square Single-wide units ifeet Double-wide units '3,500 square feet Minimum lot width Single-wide units 35 feet Double wide units j45 feet Minimum setback requirements Interior roads Front yard 10 feet Side yard 15 feet 43 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. Rear yard 8 feet Public road frontages 120 feet Minimum wase separation between structures for cluster development or 1 • 10 feet zero lot line development Minimum floor area for replacement units 320 square feet 1 - 2 B. Where a public water line is available, a hydrant will be required to serve the park. 3 Should water line pressure be inadequate, arrangements shall be made to sock 5 is adequate for fire protection. 6 GB. A dumpster or enclosure for individual containers is required in accordance with section 7 5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15)feet from any 8 public street. 9 C. Private roads leading to and serving the mobile home park or mobile home lots must 10 be improved and maintained, and shall consist of a dust free surface with a minimum 11 width of twenty (20)feet. The dust free surface may consist of aggregate material 12 treated with oil-based material that will bind the aggregate material into a form of 13 macadam road finish. A drainage ditch capable of storing the first one inch of rainfall 14 shall be incorporated into the right-of-way design-cross section, exclusive of the 15 required twenty (20)feet. Drainage shall be directed to a public road via the private road 16 and/or easement conveyance, unless it can be proved that the on-site percolation rates 17 exceed the on-site retention requirement. 18 # # # # # # # # # # # # # 19 20 10.02.05 - Construction, Approval, and Acceptance of Required Improvements 21 22 _ .-- -••-• e •_ - _e e •' e %,ee - —e -- e - --ee 23 1. Pre application meeting requirements. Prior to making an application to submit 24 an SIP, the property owner and/or agent is required to have a pre application 25 •• - e -- - --- - - - - - • --- - - - - -- - 26 responsibility of the assigned planner who will establish a date for the meeting 27 and will advise othor review staff to attend the mooting. Tho owner of the 28 property or agent representing the owner shall bring to the meeting a survey plot 29 plan showing the location of all buildings and structures, and preferably a draft 30 plan showing the proposed layout of buildings and infrastructure improvements. 31 The applicant shall consult with the Immokalee Fire Department and the 32 Immokalee Sewer and Water District prior to the pre application meeting. Within 33 90 days after the pre application meeting, the owner/agent shall submit the SIP 34 --- -- e - - - --- e e--- ' - - - - - - - - - - - - ' - --- 35 a citation to be issued to the property which may culminate in the requirement to 36 remove all buildings and structures as provided above unless otherwise 37 prohibited by state law. 38 2. SIP submission requirements, preparation standards and notes. 39 a. An application for an SIP on a form prepared by Collier County shall be 40 signed by the owner or agent of the property owner in the form of an 41 affidavit as indicated on the application form. 42 b. A survey plan showing all buildings and structuros, their ucos and the 43 actual size of tho structures. 44 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. 1 c. A site improvement plan showing the proposed location of all buildings, 2 and all required infrastructure, drawn to scale on a 2/1" x 36" sheet(s) 3 - - - •- - - - • - ' - -•• 4 i. Park name, address and phone number of agent preparing tho 5 plan and address and phone number of the property owner. 6 ii. Folio number(s) of property and total site area. 7 iii. Zoning designation and land use on subject and adjacent 8 property. 9 iv. North arrow, scale and date. 10 v. Landscaping, proposed and existing. 11 vi. Parking spaces. 12 vii. Setbacks and space between building measurements. 13 viii. Location and arrangement of ingress/egress points. 14 ix. Type of surface of all access roadways leading to the park and 15 within-the-park, 16 --- - - - -- - - - -- - - --, --- --- 17 building, etc.) 18 xi. Location of dumpster or trash container enclosure. 19 xii. Location and height of walls and/or fences. 20 xiii. Where applicable, dimensions of lots, width of internal streets and 21 design cross section of streets and drainage improvements. 22 d. Plans do not have to be signed and sealed by a professional engineer, 23 however, plans must be prepared by a person having knowledge of 24 - - - - - - --- - - - - - -- -- - - - -- -- • -25 include a paraprofessional associated with a professional engineering, 26 architectural, landscape architectural firm or licensed contractor. 27 c. Prior to approval of the SIP the county building inspector will identify all 28 29 minimum floor area requirements for mobile homes as defined in this 30 Code. Those mobile home units that cannot be rehabilitated shall be 31 removed within 12 months of the approval of the SIP unless prohibited by 32 law and shall be so indicated on the SIP. 33 f. Mobile home units meeting the housing code and as defined in this Coda 34 may replace the units removed, provided the replacement units do not 35 exceed the maximum number of units allowed on the original SIP. 36 g. The number of units approved on the SIP will be allowed to remain, 37 except for those identified substandard units which must be removed in 38 accordance with the timeframes referred to in section 10.02.05 F.2.e. 39 --- - -•- - " _- _.._. - --- - - - ' - _ - - 40 and a building permit has been obtained for each unit. 41 h. A right of way permit shall be required, subject to subsection 10.02.03 42 13.1.j. 43 3. Landscaping: Landscape improvements shall be shown on the SIP, either 44 separately or collectively on the same sheet as the site plan. Existing trees may 45 - - - -. .. e - - 4.91.14 .. e -et • 46 a. The plan shall be prepared by a landscape architect, landscape designer 47 or landscape contractor or paraprofessional associated with such a firm 48 - - - - - -- - - -- - - - - - - - - -49 requirements. Landscape plans do not need to be signed and sealed 50 when prepared by a licensed landscape architect. 51 b. Landscaping requiroments aro as follows: 45 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text etrikethrough is current text to be deleted. Bold text indicates a defined term. 1 i. A ten foot wide landscape buffer, with 1 single hedgerow and 2 trees spaced 30 feet on center along property lines abutting a 3 may. 4 ii. Trees spaced 50 feet on center along internal boundary lines. 5 iii. Permitted trees include live oak, sycamore, red maple, and sweet 6 gum. Under electrical transmi'sion lines, Simpson stopper, 7 magnolia, est Palatka holly, and dahoon holly trees arc 8 permitted. 9 iv. Fixed irrigation systems which shall include 2 irrigation bubblers 10 per tree. 11 . _.._. _ _ _ - _ _ .. - - - - - --•-- . - - 12 park improvements shall be made in accordance with the following timeline 13 - •••- - - -- - e - ' - -- e l`e�e j10 or logic _ 48 montes 111 to 25 30-months 26 to 50 12 months more than 50 54 months 14 - 15 -•-- - - -- - e e • • • - = Collier County Land Development Code I Administrative Procedures Manual Attachment 1 Chapter 4 I Administrative Procedures 1.3.a. Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites - Existing Conditions Site Improvement Plan Reference LDC subsection 2.03.07 G.6. Applicability This procedure applies to mobile home parks or mobile home sites pursuing an existing conditions site improvement plan and which meet the criteria established in LDC section 2.03.07 G.6. Pre-application A pre-application meeting is required unless waived by the County Manager or designee at the request of the applicant, pursuant to LDC subsection 10.02.03 E. Initiation The applicant files an "Existing Conditions Site Improvement Plan Application"with the Planning&Zoning Department. Application Submittal Credentials:The existing conditions site plan is not required to be signed and Contents and Site sealed by a professional engineer or prepared by a professional surveyor or Plan Requirements mapper. However,the name and contact information of the site plan preparer shall be included on the application. Sheet size:The site improvement plan and the coversheet shall be prepared on a size sheet measuring 24 inches by 36 inches drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Property information,including: Project title; Property identification number; Scale,north arrow,and date. 4. Zoning designation of the subject and adjacent sites. 5. Location within the Immokalee Urban Overlay. 6. Cover letter briefly explaining the project. 7. A copy of the last recorded deed,contract for sale or agreement for sale,or a notarized statement demonstrating ownership and/or control of the mobile home park or mobile home site or parcel of land. 8. Property boundaries. 9. Location,configuration,dimensions,and separation between all structures, buildings,mobile homes units,and other lot improvements,including vacant mobile home lots. 10. Location and configuration of streets,street names,site addresses. 11. Fire hydrants and fire alarms,if any. 12. Parking spaces and loading areas,and the directional movement of internal vehicle traffic. 13. Location and dimension of access point(s)to the site. 47 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Collier County Land Development Code I Administrative Procedures Manual Attachment 1 Chapter 4 I Administrative Procedures 14. Location,dimension and configuration of existing infrastructure,such as utilities, drainage,and utility connections for mobile homes. 15. Any additional relevant information as may be required by the Planning&Zoning Department. Completeness and The Planning&Zoning Department will review the application for completeness.After Processing submission of the completed application packet accompanied with the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed and approve,approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Digital Submittal After the existing conditions site improvement plan has been approved by the County Requirements Manager or designee for compliance with the LDC as provided in section 10.02.03,the applicant shall submit: 1. Digital copy of the site plan document. Updated 48 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. Land Development Code Amendment Request ORIGIN: Collier County Community Redevelopment Agency(CRA) - Immokalee AUTHOR: Immokalee CRA Local Advisory Board Directed DEPARTMENT: Immokalee CRA AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 2.03.07 Overlay Zoning Districts—Immokalee Main Street Overlay CHANGE: This amendment proposes to amend the conditional and prohibited uses within the Immokalee Main Street Overlay(MSOSD). First,to apply the current prohibited commercial uses identified in the MSOSD to only properties with frontage on Main Street in between First Street and Ninth Street(Light Blue -Dotted area on Figure 1). Secondly,to allow the current prohibited uses identified in the MSOSD to become conditional uses for properties with frontage on North First Street, South First Street, and North Ninth Street(Yellow-Highlighted areas on Figure 1). Apart from the street segments noted above,there are no changes to the underlying zoning districts. Many of the prohibited uses which will apply to Main Street in between First Street and Ninth Street are permitted in the underlying commercial zoning districts. It is important to note that the LDC defines frontage as: "Frontage: The side of a lot or parcel abutting a street. Where a lot abuts 2 or more streets, frontage is defined as the side of a lot where the main building entrance is located." In addition, the amendment proposes to revise "Map 7 -Main Street Overlay Subdistrict" in LDC section 2.03.07 G.The revised map will: 1)update the overlay boundaries as established by zoning atlas map number 7903S; 2) identify "hatched properties" which describe permitted uses established in LDC section 2.03.7 G.5.b.; and 3) update the legend to include a reference to the "hatched properties." REASONS: The Immokalee MSOSD was originally codified through the adoption of Ordinance No. 2000-08. The purpose and intent of the overlay designation was to "encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards"(Ordinance No. 2000-08, Section 2.2.28.1). Currently, the MSOSD prohibits a number of automotive support uses including convenience stores, gasoline stations, oil/lube facilities,drive-thru operations, car wash businesses, automotive dealerships, and tire repair facilities on portions of Main Street, North First Street, South First Street, and North Ninth Street. Since August of 2015, various buyers have sought to purchase properties for uses, such as a car dealership, gas station/convenience store, and a motel in areas where these uses are prohibited. Therefore, they did not enter into purchase agreements due to land use limitations. 49 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. To address the concern, CRA staff identified options to stimulate commercial development and presented them to the Immokalee Local Redevelopment Advisory Board(ILRAB). By unanimous vote on August 19, 2015, the ILRAB approved the submittal of an LDC amendment application to alter the existing overlay boundary of the Immokalee MSOSD and thereby seek relief from prohibited uses identified in LDC section 2.03.07 G.5 in order to incentivize commercial development. However,the ILRAB maintained the original intent to retain the prohibited uses for properties with frontage on Main Street located in between First Street and Ninth Street. See Figure 1 below for a map of the properties that fall under the exception. Since that time, ILRAB reconsidered their initial LDC amendment application and unanimously voted on November 18, 2015, to instead seek relief from the prohibitive uses through the conditional use process rather than alter the existing MSOSD boundary. Relief through a conditional use would be provided for properties with frontage on North First Street, South First Street,and North Ninth Street(Shaded Yellow areas on Figure 1). The conditional uses would not apply to properties with frontage on Main Street located in between First Street and Ninth Street. The principle reason for this exception is to preserve these streets as a pedestrian oriented district and to support public safety. The ILRAB supported providing a conditional use process because each application for a conditional use would be reviewed,vetted on a case-by-case basis, and assessed for compatibility with the surrounding area. In addition, the ILRAB would be able to provide public comments on conceptual site plans and development standards, such as lighting, noise, landscape buffers, parking, etc., during a public hearing process. Furthermore, an applicant would be required to hold a neighborhood information meeting, which is a publically noticed forum for neighboring property owners, to learn about the proposed development. The ILRAB relayed that the LDC amendment request will broaden the list of uses available in the MSOSD and has the potential to bolster economic development and foster job creation by increased commercial occupancy rates. The land uses identified as conditional uses have been reviewed and were amended to remove redundancy. Further, in an effort to update the land use terms, the amendment proposes to replace the use"Gasoline services stations(5541)"with"facilities with fuel pumps"which is a defined term in the LDC. Proposed Changes for Uses in MSOSD llYropeirtiel t Cent. Fro Sti eet k4 4 Prohibited -0, 4 Main Street in between First Street and Ninth Street(Dotted No Change Area) North First Street(Shaded Area) To Become South First Street(Shaded Area) No Change Conditional Uses I No Change North Ninth Street (Shaded Area) Underlying Zoning Districts per 2.03.07 G. No Change 50 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx C13 . a _o . c o "a .. Z d m N I f / ' w IIii VIII LII c3 --- .4-. -- is Ls 111,91N I o es 33Vbtl34 Sx33w_LS.act It c•' vl cn 'Li !Li 3S IS HLY' I S a) 0 0 IL i 36 AS Hlf J J W D m w --'i I ,s.b 3S 15•H L'. 13S IS FLU = • 3C[ _- p . „.„sy '')• by 111 I < � List AICI'MOS, .1 u g Haw�I 1� " _ _ w iiwoU01` m � vr z =o `' Lti In Li u ,sYs'6.0 L_ 1.N CII i-3 J — —I 1— a BF L5 01f a W 0 L cu -"I I NSNOOi m 'MAW ON F,y }a l N is..OS Q' r_� _ m ,+r 5 H_11J ON 1 I1 o r— IL _I 1� �� Q1 O C/, J _zs oN I I Is Hle V as ndbn ` N Z 131[ � L__ w F �li s W ` NIS Ni N1A,S ON I- L5� w F 1g a in O A-_- LS H_4 OSi �•. I [' � 133ALL5 ILA OS I 1S HLNIN OSS 3 g w L MCD g W 1 25CI- a i s N ✓n4 ON 1�M}''I I ' vo O p m I YM 3L60. ` N g U < Ld y p a 22 ''+ p p O y 0 Lc) Gi 15 nai ON g T ry O E 9 (..) al c a ON 10 HL61 gli E a •I l O �'I ON LO HIOZ I o ® i C ti [-y i Q O o J ZLn N Text underlined is new text to be added. Bold text indicates a defined term. In addition, the amendment proposes to revise "Map 7 -Main Street Overlay Subdistrict" in LDC section 2.03.07 G.The revised map will: 1)update the overlay boundaries as established by zoning atlas map number 7903S; 2) identify "hatched properties" which describe permitted uses established in LDC section 2.03.7 G.5.b.; and 3) update the legend to include a reference to the "hatched properties." The amendment updates the overlay subdistrict boundaries in the informational "Map 7 -Main Street Overlay Subdistrict"in LDC section 2.03.07 G. to be consistent with the zoning atlas map number 79035 (see illustrations below). _- - .,.L.- ..- _ --_ — — mmil —Ii r mil J-4i 4*-: jtlll �` $S T a MMI I w � III _ ■ E "";-1r 1 - C-4. Old c-4 A1i1 II — €i' Ir � - 3 � ! j� Boundary � 3 , !? jJ, iiimmI , .... . .. „, , :rim,. -4. t . 1 p ra ciai. III _ z; 111 ' 1'11 ��H ; II I L --11M r = - it --r - n - f� Current - - _ aR `—" �r /1 Boundary � � - .rte: , 1��1ru .' = �!��� ` ( lit l0i FA i PAH= .r. ,,,,e ow iii r-e 0 III _ u l ii . M EllitETON' emmo Mk Iv .. 13 To provide clarity, it is proposed the "hatched properties,"which allow for additional permitted uses in the subdistrict, are added to the overlay and noted in the map's legend. The "hatched properties" allow all uses established in the underlying zoning district(C-1) and communication towers subject to conditions. The "hatched properties" do not allow for automobile parking lots (SIC 7521). 7I.--12 Hatched 'R° p 'hi erties om Fii 12 f , 'SSI ,,, 7pi 1111111 i no �.11111 NJ i . Mill actum mc inri or .... Iim in Iwi ii�4 52 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD RECOMMENDATIONS: No changes, approved unanimously on 3/16/16. In addition, the Advisory Board requested staff relay that consideration should be given to release or reduce impact fees and application filing fees to incentivize commercial business development in Immokalee. DSAC-LDR RECOMMENDATIONS: Approved unanimously on April 13, 2016, with the following change: strike through the redundant statement " Within or in the Mainstreet Overlay Subdistrict" where it is not necessary since the section in its entirety pertains to the Mainstreet Overlay Subdistrict. This change has been incorporated in the current draft. DSAC RECOMMENDATIONS: Approved unanimously with no changes on May 4, 2016. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts at this time. RELATED CODES OR REGULATIONS: Ordinance No. 2000-08 regarding the adopting of the Immokalee MSOSD and Ordinance No. 2002-33 (Applicant: Empowerment Alliance of SW Florida). GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP at this time. OTHER NOTES/VERSION DATE: Richard Henderlong,Principal Planner 3/16/16 Amend the LDC as follows: 1 2.03.07 Overlay Zoning Districts 2 3 G. Immokalee Urban Overlay District.To create the Immokalee Urban Overlay District 4 with distinct subdistricts for the purpose of establishing development criteria suitable 5 for the unique land use needs of the Immokalee Community. The boundaries of the 6 Immokalee Urban Overlay District are delineated on the maps below. 7 8 5. Main Street; Overlay Subdistrict. Special conditions for the properties 9 identified in the Immokalee Area Master Plan; referenced on Map 7; and 10 further identified by the designation "MSOSD" on the applicable official Collier 11 County Zoning Atlas Maps. The purpose of this designation is to encourage 12 development and redevelopment by enhancing and beautifying the downtown 13 Main Street area through flexible design and development standards. 14 a. Permitted uses. For all properties within the Main Street Overlay 15 Subdistrict, except for properties hatched as indicated on Map 7, the 16 Main Street Overlay Subdistrict, all permitted uses within the uses 17 within the underlying zoning districts contained within this Subdistrict, 18 and the following uses may be permitted as of right in this Subdistrict: 19 1. Hotel and motels (7011) 53 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. 1 2. Communication towers, as defined in section 5.05.09, subject to 2 the following: 3 i. Such tower is an essential service use as defined by 4 subsection 2.01.03 A.4; and 5 ii. Such tower may not exceed a height of 75 feet above 6 grade including any antennas attached thereto. 7 b. Permitted uses. For hatched properties within the Main Street Overlay 8 Subdistrict, all permitted uses within the underlying zoning districts 9 contained within this Subdistrict, and the following uses are permitted 10 as of right in this Subdistrict: 11 1. All uses allowed in the Commercial Professional District (C-1), 12 of this Code, except for group 7521. 13 2. Communication towers, as defined in section 5.05.09 subject to 14 the following: 15 i. Such tower is an essential service use as defined by 16 subsection 2.01.03 A.4; and 17 ii. Such tower may not exceed a height of 75 feet above 18 grade including any antennas attached thereto. 19 c. Prohibited uses. All uses prohibited within the underlying residential 20 and commercial zoning districts contained within this Subdistrict, and 21 the following uses, shall be prohibited on properties with frontage on 22 Main Street in between First Street and Ninth Street in the Main 23 Street Overlay Subdistrict: 24 1. Automobile parking (7521) e• _ e ___ _ •_ _ _• __ _• 25 Main Street, North First Street, South First Street and North 9th 26 Street within the Main Street Overlay Subdistrict. 27 2. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 28 5571, 5599) e• . e ee- -_ '-e e- _e- e- _ -- 29 North First Strect, South First Strcct and North 94'Street within 30 the Main Street Overlay Subdistrict. 31 3. Facility with fuel pumps. Gasoline service stations (5511) on 32 - e --- - •- - -• --- - • - -- - - ----33 -- -- - - - --' • - - - - - -- ----34 section 5.05.05) are on all properties having frontage on North 35 First Street and South First Street within the Main Street 36 district. 37 4. Primary uses such as convenience stores and grocery stores 38 are prohibited from servicing and repairing vehicles in 39 conjunction with the sale of gasoline_,on all properties having 40 41 and North 9th Street within the Main Street Overlay Subdistrict. 42 5. Automotive repair, services, parking (7514, 7515, 7521) and 43 carwashes (7542) _• - _ __ ••- •_ • _ _• ___ _ 44 Street, North First Strcct, South First Strcct and North 9th Street 45 46 6. Radio and television repair shops (7622 automotive)4s 47 prohibited on all properties having frontage on Main Street, 48 North First Street, South First Street and North 9Y'Street within 49 • - -= ' - - __e- _ 54 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. 1 7. Outdoor storage yards and outdoor storage are prohibited 2 • • - - - -- - - - - - - - • • - • 3 • - -- e - - - e._ 4 8. Drive-through areas . - ._ _ _•.e.-_ _ _ _ _._ _ - _ 5 -• .e: -• • - -- ' -• • - - 22 , --- • - - • • 6 and-Ne41:1911' - -- -- e - _. -.•_ 7 9. Warehousing (4225). 8 10. Communication towers, as defined in section 5.05.09 of this 9 Code, except as otherwise permitted in this Subdistrict. 10 11. Any other heavy commercial use which is comparable in nature 11 with the forgoing uses and is deemed inconsistent with the 12 intent of this Subdistrict shall be prohibited. 13 d. Accessory uses. 14 1. Uses and structures that are accessory and incidental to the 15 permitted uses as of right in the underlying zoning districts 16 contained within this subdistrict and are not otherwise prohibited 17 by this subdistrict. 18 2. Communication towers, as defined in section 5.05.09 subject to 19 the following: 20 i. Such tower is an essential service use as defined by 21 subsection 2.01.03 A.4.; and 22 ii. Such tower may not exceed a height of 75 feet above 23 grade including any antennas attached thereto. 24 e. Conditional uses. 25 1. Conditional uses of the underlying zoning districts contained 26 within the subdistrict, subject to the standards and procedures 27 established in section 10.08.00 and as set forth below: 28 i. Local and suburban passenger transportation (4131, 29 4173) located upon commercially zoned properties 30 within the Main Street Overlay Subdistrict. 31 ii. Communication towers, as defined in section 5.05.09 of 32 this Code for essential service uses as defined by 33 subsection 2.01.03 A.4 that exceed a height of 75 feet 34 above grade including any antennas attached thereto. 35 iii. The following conditional uses may be permitted only 36 on properties with frontage on North First Street, South 37 First Street, and North Ninth Street within the Main 38 Street Overlay Subdistrict: 39 a. Automobile parking (7521). 40 b. Automotive dealers (5511, 5521, 5531 41 installation, 5551, 5561, 5571, 5599). 42 c. Facility with fuel pumps. 43 d. Automotive repair, services, parking (7514, 7515, 44 7521) and carwashes (7542). 45 e. Radio and television repair shops (7622 46 automotive). 47 f. Outdoor storage yards and outdoor storage. 48 g. Drive-through areas. 49 h. Warehousing (4225). 55 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term. 1 i. Communication towers, as defined in LDC 2 section 5.05.09, except as otherwise permitted in 3 this Subdistrict. 4 j. Any other heavy commercial use which is 5 comparable in nature with the forgoing uses and 6 is deem consistent with the intent of this 7 Subdistrict. 8 f. Special requirements for outdoor display and sale of merchandise. 9 i. Outdoor display and sale of merchandise, within the front and 10 side yards on improved properties, are permitted subject to the 11 following provisions: 12 a) The outdoor display/sale of merchandise is limited to the 13 sale of comparable merchandise sold on the premises 14 and is indicated on the proprietors'occupational license. 15 b) The outdoor display/sale of merchandise is permitted on 16 improved commercially zoned properties and is subject 17 to the submission of a site development plan that 18 demonstrates that provisions will be made to adequately 19 address the following: 20 i) Vehicular and pedestrian traffic safety measures. 21 ii) Location of sale/display of merchandise in 22 relation to parking areas. 23 iii) Fire protection measures. 24 iv) Limited hours of operation from dawn until dusk. 25 ii. Outdoor display and sale of merchandise within the sidewalk 26 area only shall be permitted in conjunction with "Main Street" 27 approved vendor carts, provided the applicant submits a site 28 development plan which demonstrates that provisions will be 29 made to adequately address the following: 30 a) Location of sale/display of merchandise in relation to 31 road rights-of-way; 32 b) Vendor carts are located on sidewalks that afford the 33 applicant a five (5)foot clearance for non-obstructed 34 pedestrian traffic; and 35 c) Limited hours of operation from dawn until dusk. 36 56 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx tv Fri' 11 '_____ y n ,( i --r- 1 3 co ALIum ON (,�,_> , air _..± n F..... :aipriliP-- ! 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X TO3. 1 J v .1ST _I _ _ LT,1_,....„„ MIT 80 „ C o ljbq n 1 ___ t ' 1111 8 ` 1 nm ST 12M sr SN jfTLii "a I$ Ing g / -1 CD -� a St 8 T . » > 1511 STK LESS/MT= ` ! W T C ISIS Sr S[ 1.---- ``\\ o 0 Q 7 N II II Il it II III x 2,_ a n ' N i N N N N X a 0 CD C 7 0- CD ' 0- . N 4 3 d Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Growth Management-Engineering and Natural Resources Division AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 3.05.04 Vegetation Removal and Protection Standards 3.05.07 Preservation Standards CHANGE: 1. To delete a reference to an obsolete publication by Florida Forest Service related to protective barriers and add a cross reference for protective barriers to be installed pursuant to LDC sections 3.05.04 and 4.06.05.E. 2. To clarify when permanent installation of preserve signs are required. 3. To remove the requirement for preserve signs to state they are"protected areas." In addition,to change the setback requirement from a 10 foot setback to a requirement that the signs are located at the boundary of the preserve. 4. To not require preserve signs where preserves abut another preserve. In addition, to limit the number of preserve signs required where preserves abut lake maintenance easements. In all cases where signage is required, a minimum of one sign shall posted. 5. The proposed amendment retains the maximum size of the sign,however, it requires the lettering for preserve signs to be at least 2 inches in height and legible from edge of the preserve. REASON: 1. This amendment revision is in response to questions received by staff from stakeholders since the LDC provisions regarding preserve signs were adopted.Whenever possible, staff avoids making reference in the LDC to manuals, handbooks, or publications that are frequently updated or modified. It is proposed that a cross reference to an obsolete publication by Florida Forest Service is removed and by inserting a cross reference to LDC sections 3.05.04 and 4.06.05, awareness is offered instead and leads the reader to evaluate additional preserve standards. 2. Goal 6 in the GMP Conservation and Coastal Management Element is to identify,protect, conserve and appropriately use the County's native vegetative communities and wildlife habitat. Signage is one way to inform the general public that native vegetative communities are identified and protected from trespass or altering their use. Staff is providing relief from the premature posting of permanent preserve signs as there is sufficient protection during the construction period established in the requirements for a 59 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term vegetation protection and soil erosion control plan. Pursuant to LDC section 3.05.04.A, "During construction,all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, including the installation of protective barriers." The LDC guides applicants to construct a two (2) to four (4) feet height range, double row, staked silt fence barrier prior to the commencement of any land clearing or building operations. Therefore, the installation of permanent preserve signs are not necessary during construction since the protective barriers are required at the time of land clearing per LDC Section 3.05.04 E.and to be maintained through the construction and final soil stabilization process. Installing permanent preserve signs is more appropriate at the time of preliminary acceptance of each phase of final subdivision plat(PPL)or the first certificate of occupancy for site development plans(SDP),when construction or phase of construction is complete. 3. Currently, LDC section 3.05.04 states "Sign(s) should note that the posted area is a protected area." This has been understood by applicants as requiring the signs to specifically read"protected area."As the signs will state, in one way or another, the area is a preserve, there is no need to duplicate the message. The change in the setback requirement is designed to address changes over time. Depending on the type of native vegetation on the site and with the passage of time, a 10 foot setback from residential property can block or obscure signage. By placing the required signage at the edge of the preserve rather than the current required setback, the signs will be more visible and adjacent homeowners will not be as likely to encroach into the preserve due to poorly defined boundaries. 4. Based on the review of construction plans and field inspections, staff believes signs should be posted where preserves abut other land uses, ROWs and easements. It has been determined that requiring signs where preserves abut other preserves is excessive and unnecessary. Further, a limited number of preserve signs are proposed where preserves abut lake maintenance easements. In all cases where signage is required, a minimum of one sign shall be posted. 5. The proposed amendment retains the maximum size of the sign, however, it requires the lettering for preserve signs to be at least 2 inches in height and legible from the edge of the preserve. This height reflects the height required for address numbers on the top of mailboxes(Code of Laws and Ordinances section 22-352(e)). Other than the maximum size and height,the shape, style, and copy area of signs are designed at the individual developer or homeowner association's discretion. The signs illustrated below represent the desired location at the edge of preserves: 60 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term `t i r 1 ,� le' . ,-1,o6....... f -°'` m.0 a41 ‘{ sob ' t w _- '1.7,;.,li ♦,',J(� rti � Protected Area , 1st!-., s, R p ` ,�3 }{i. `41ri T;! Irj1 Preserve Boundary ems,, till p t e"^s.,W , p• ' I No Filling ` 0.1 °q. ,,,„,,,,t 4 No Digging No Vegetation - '1: a1 :::Removal 4 L 0 North Collier Regional Park ..� ` 1,, , !A, \ 1 Y j ai .. '4 f�' '.. _ '4` '' _ r ly LA e l , ,,.., k tw = MQe s. �`l . s �( ..,r4 .,. ,. y � `# : 'kvA' l 1 � is K . ! x _ ._ II!ITS .' . „. , . __ --1--------------1 . . ,.. { -. ryc ► ` }.. t Vii \ „ l Iro� R } � }�. fir.` _ ,3't �r � F f NI- ''' « ,1 ',&� :Ir / 1 , ' i,. F. *It k Falcon Ridge-Heritage Way 61 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term j11 ' •,N; 1_je, 1 , f 11 it/*veil, -/ LQNSERYA'tON � AND PR BON AREA a i a • — "- _ ..s .a... t..-A,,Mar,..c„4 Ar.,"Nl�a-a - s- / N.,a Horse Creek Estates DSAC-LDR RECOMMENDATIONS: The Subcommittee approved the proposed amendment with no changes on February 29, 2016. DSAC-RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016. FISCAL & OPERATIONAL IMPACTS: None. Preserve signs are already required by the LDC. RELATED CODES OR REGULATIONS: 4.06.05 General Landscape Requirements 5.06.00 Sign Regulations and Standards by Land Use Classification GMP Conservation and Coastal Management Element Policy 6.1.1 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: December 29, 2015 Amend the LDC as follows: 1 3.05.04 -Vegetation Removal and Protection Standards 2 * * * * * * * * * * * * * 3 G. Protective barriers shall be installed and maintained for the period of time beginning 4 with the commencement of any phase of land clearing or building operations, and 5 ending with the completion of that phase of the construction work on the site, unless 6 otherwise approved to be removed by the County Manger or designee. All protective 7 barriers shall be installed pursuant to LDC sections 3.05.04 and 4.06.05.E. the Tree 8 ' - -_ .e• -- e _ - --e `- - -- -• - - - - - - - - -- 9 or other methods approved by the County Manager or designee. All protective barricrc 10 - - • - - -- --• - •- -- ' - - - -- - Z.. :- --e IP- . -- , 11 Division of Forestry, State of Florida or other methods approved by the County 12 -- - e:...:•:-. ase of-•. - - ---- - - - - --- - - -- - - - . 13 -•- - - -- -- - --- -- - -- - - - - • •- -- -- • - - ' - - _•- e- 62 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikothrough is current text to be deleted. Bold text indicates a defined term 1 posted with appropriate signage dcnoting the ar a as a Preserve. Sign(s)should note 2 that the posted area is a protected area. The signs shall be no closer than ten feet 3 from residential property lines; be limited to a maximum height of four feet and a 4 maximum size of two square feet; and otherwise comply with section 5.06.00. 5 Maximum sign spacing shall be 300 feet. 6 H. Signaqe shall be placed around the preserve to identify and protect the preserve in 7 accordance with the following standards: 8 a. Signs identifying preserves shall be posted prior to preliminary acceptance for 9 each phase of Final Subdivision Plat (PPL) pursuant to LDC section 10.02.04, 10 or first certificate of occupancy for Site Development Plans, Site Improvement 11 Plans and amendments thereof pursuant to LDC section 10.02.03, whichever 12 is applicable. 13 b. Signs identifying preserves shall be placed at the boundary of the preserve, 14 except where a preserve abuts another preserve. 15 c. There shall be at least one preserve sign posted every 300 feet, with a 16 minimum of two signs per preserve. However, where a preserve abuts a lake 17 maintenance easement, there shall be at least one preserve sign posted 18 every 1,000 feet, with a minimum of one sign per lake. 19 d. Signs identifying preserves shall be a maximum height of four feet and a 20 maximum size of two square feet and otherwise comply with LDC section 21 5.06.00. Lettering for signs shall be a minimum of two inches in height and 22 the sign copy shall be clearly legible from the edge of preserve as determined 23 by the County Manager or designee. 24 HI. The applicant for a vegetation removal permit shall, at the time of application, 25 designate representative(s), who shall be responsible for the installation and the 26 maintenance of all tree protection barriers, and for supervising the removal of all 27 existing vegetation permitted to be removed or altered. 28 # # # # # # # # # # # # # 29 30 3.05.07 - Preservation Standards 31 * * * * * * * * * * * 32 H. Preserve standards. 33 * * * * * * * * * * * * * 34 1. Design standards. 35 * * * * * * * * * * * * * 36 g. Preserve management plans. Criteria i, ii, vii and viii below are 37 required for all preserves whether a management plan for the preserve 38 is required or not. Preserve Management Plans shall be required for all 39 properties with 5 acres or more of preserve or where listed species are 40 utilizing the preserve or where the preserve contains habitat which 41 requires management for fire (such as Pine Flatwoods, Palmetto 42 Prairie or Scrub). The Preserve Management Plan shall identify 43 actions that must be taken to ensure that the preserved areas will 44 maintain natural diversity and function as proposed. A Preserve 45 Management Plan shall include the following elements: 46 * * * * * * * * * * * * * 47 vii. Protection During Construction and Signage After Construction. 48 The Preserve Management Plan shall address protective 49 measures during construction and signage ding-and after 50 construction that are consistent with LDC section 3.05.04. 51 # # # # # # # # # # # # # 63 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Page Intentionally Blank 64 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Department AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Growth Management-Engineering and Natural Resources Division AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 3.05.07 Preservation Standards—Signage Identification CHANGE: To clarify that preserves are to be identified at the time of the first submittal for a development order that requires the approval of a site plan or a conceptual site plan. REASON: Currently, LDC section 3.05.07 H.1.a.iii requires preserves to be identified at the time of the first development order submittal. The requirement to identify the location of preserves "at the time of first development order"is intended to apply to the first development order that requires approval of a site plan(including a conceptual site plan), such as,but not limited to: planned unit development, conditional use, site development plan and final subdivision plat applications. The provision is not designed to include land use petition submittals such as comprehensive plan amendments and straight rezones (RZ), because a site plan is generally not required. There is an exception when a straight rezone is requested for a specific use(s), which is noted in the Administrative Code for Land Development. It is important to note that the requirement for conservation easement is a separate process from the identification of preserves and only occurs during review of the final development order(site development plan and final subdivision plat). Requirements for conservation easements are established in LDC section 3.05.07 H.l.d. DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed amendment on February 29, 2016,with the following change: "The Preserve shall be identified at the time of the first submittal for a development order ..." This change has been incorporated in the current draft. DSAC-RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016. FISCAL & OPERATIONAL IMPACTS: It is advantageous for the applicant to delay identification of preserves until such time in which site plans are required due to the costs associated with the design of site plans. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: The proposed LDC amendment will have no impact on the GMP. OTHER NOTES/VERSION DATE: 4/12/16 65 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Amend the LDC as follows: 1 3.05.07 -Preservation Standards 2 All development not specifically exempted by this ordinance shall incorporate, at a 3 minimum, the preservation standards contained within this section. 4 * * * * * * * * * * * * 5 H. Preserve standards. 6 1. Design standards. 7 a. Identification. Native vegetation that is required to be preserved or 8 mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a 9 Preserve and shall be identified in the following manner: 10 i. The Preserve shall be labeled as "Preserve" on all site plans. 11 ii. If the development is a PUD, the Preserve shall be identified 12 on the PUD Master Plan, if possible. If this is not possible, a 13 minimum of 75% of the preserves shall be set-aside on the 14 PUD Master Plan with the remaining 25% identified at the time 15 of the next development order submittal. 16 iii. The Preserve shall be identified at the time of the first submittal 17 for a development order Vital that requires the approval of 18 a site plan or conceptual site plan. 19 # # # # # # # # # # # # # 66 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Requested Planning Commission Recommendations for LDC Amendment 3.05.07 Preservation Requirements 1. Recommendation for a per acre monetary payment amount for land management as outlined in 3.05.07 H.1.f.iii.b). 2. Following the Planning Commission's review of the proposed changes LDC section 3.05.07 H.1.f.iii, there was discussion of generating a separate per acre monetary payment amount to disincentivize or discourage off-site preservation in favor of on-site preservation of native vegetation, particularly in the urban area. Staff is providing a summary of the discussion points from the May 5, 2016 meeting below,specifically related to the per acre payment amount established in LDC section 3.05.07 H.1.f.iii a)—the monetary payment which covers land purchase and land management costs, in order to assist with a recommendation. Considerations for determining a land donation per acre payment amount: • A per acre monetary payment amount should be based on the location of land to be impacted. • The multiplier program could be developed,with higher multipliers given to lands in the urban designated area. • A common basis for determining the property's development value should be utilized,such as current market value for the proposed use,the Collier County property tax assessed value,or the developer's contract price. • Similar to an Annual Inventory and Update Report(AUIR)conducted for public facilities levels of service standards,there should be an annual evaluation for the land payment amounts rather than the proposed three years reevaluation of land management endowment costs. Considerations for retaining on-site urban preserves: • The loss of green and open space in urbanized areas diminishes the high quality of life, public welfare,and community sense of character for the County which has been a longstanding tradition in the County. Any impact to these areas should be considered under a higher standard and reflected accordingly in the off-site preservation per acre payment amount. • The higher the land value,the greater the disincentive will be to develop the land.This leads to a greater amount of on-site native vegetation preservation. • A reduction of preservation areas in the urban designation reduces the possibility of interconnections and wildlife corridors between existing preserves. 67 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Page Intentionally Blank 68 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 3.05.07 Preservation Standards—Conservation Collier CHANGE: This amendment proposes to change the long-term land and land management payment amounts from a percentage of average land purchase in the County to a fixed payment amount. It is proposed the payment amounts are adopted by the Board by resolution in the Collier County Growth Management Department Fee Schedule. The provision provides direction to the Conservation Collier program to conduct a reevaluation of the payment amounts every three years and to have the reevaluation and approved by the Board.Considerations in determining the amount include the current and prospective costs of land management and county staffing to conduct the land management. REASON: Currently, to meet off-site native vegetation requirements pursuant to LDC section 4.05.07 H.1.f.iii.a, an applicant has the option to make a monetary payment to Collier County for the purposes of purchasing land and providing a land management endowment. The current monetary payment formula, adopted by Ordinance 10-23, is based on the location of the land to be impacted and equal to 125%of the average cost of land purchases in Urban Designation Areas or 125% of the average cost for all other Designation Areas as defined by the GMP-Future Land Use Element. The land is to be purchased by the County through Conservation Collier program. For land donations, the land management endowment payment formula is also based on the location of the land to be impacted and equal to 25% of the average cost of land purchases in the Urban Designation Areas or 25%of the average cost for all other Designation Areas as defined by the GMP. On March 22, 2016, the Board directed staff to prepare and publicly vet an LDC amendment to modify the current methods for calculating monetary payment amounts and land donations in conjunction with off-site native vegetation endowments established in LDC section 3.05.07 H.1.f.iii.a-b, for the purpose of increasing the management endowment and potentially changing the monetary donation amount. In addition, the Board provided direction to coordinate and leverage off-site mitigation and land management responsibilities with representatives from other state and federal agencies. Past Board Direction In June 2015, at the request of the Board, staff presented information regarding off-site native vegetation retention alternatives related to LDC section 3.05.07 H.1.f.iii.The presentation focused on the donation of land option and whether the endowment for land management, as currently 69 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term calculated pursuant to the LDC, is sufficient to manage donated properties in the future. At that time, six land donations had been accepted, each providing endowments calculated to last approximately seven years at$500 per acre per year. Since that time,the Board has accepted two additional land donations with management endowments. On July 7, 2015 the Board directed staff to work with the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) and Development Services Advisory Committee (DSAC) to provide recommendations to increase the land management endowment, beyond seven years, for off-site native vegetation retention preservation and to review the optional monetary donation amount as well. Further,the Board instructed staff to 1)maximize and leverage opportunities with other agencies, 2)coordinate and share off-site mitigation requirements with representatives from state and federal agencies, and 3) research land management costs experienced by other state agencies. The following information outlines Staff's initiatives in these three areas: Maximize and leverage opportunities with other Agencies The Conservation Collier program has had the opportunity to work with other agencies to maximize field work and funding at three locations which were in close proximity to other agency lands, as described below. • Pepper Ranch Preserve o When South Florida Water Management District(SFWMD)was treating the Corkscrew Regional Ecosystem Watershed(CREW) marsh for willow(an exotic species) in 2014, SFWMD also treated a portion of Conservation Collier lands because the effort would help keep regrowth from the area they were treating. o Leveraged an University of Florida/Institute of Food and Agricultural Sciences (UF/IFAs) study on the watershed boundaries for Lake Trafford and data collected from wells that OF/IFAS installed at Pepper Ranch Preserve in order to develop a hydrologic modeling design for grant funded hydrologic restoration. o Working to establish a U.S. Fish and Wildlife Service(USFWS)Conservation Bank for Panther Habitat Units mitigation credits to leverage Conservation Collier lands to reduce mitigation costs for County projects. • Caracara Prairie Preserve o Leverage parking and trailhead access with CREW/SFWMD. o Leverage FWC assistance by having Caracara Prairie Preserve within the CREW Wildlife Management Area(WEA). This allows hunts under the Florida Wildlife Commission(FWC)rules and enforcement of hunt quotas by FWC. o Leverage U.S. Department of Agricultural Equip grant funds for hydrologic improvements through our cattle lease. • Shell Island Preserve o The 83-acre parcel is embedded within Rookery Bay National Estuarine Research Reserve lands and management is coordinated with Rookery Bay. Conservation Collier's Management Plan for this parcel is an exhibit to the Rookery Bay Land Management Plan. This allows for prescribed burns on Conservation Collier lands to be done by Rookery Bay as they do their own burns and management actions to be coordinated. 70 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Coordinate and Share Off-Site Mitigation Requirements with other Agencies Pursuant to Board direction,the amendment was shared with representatives from state and federal agencies on March 29, 2016 in order to coordinate off-site mitigation and land management requirements with other agencies. These agencies include the South Florida Water Management District's Mitigation Program, the U.S. Fish and Wildlife Service (FWS), and the Florida Department of Environmental Protection (DEP). As previously mentioned above, SFWMD's formula was modified, updated to include 2016 costs, and accepted by the committees. Any additional feedback received by these agencies will be included with the materials presented to the Board. Researching Land Management Costs by Other Agencies Following the Board's direction, CCLAAC, DASC, and their respective subcommittees, met multiple times between July 2015 and December 2015 to discuss and review recommendations regarding the monetary donation and land management endowment calculations to Collier County or another governmental agency. Staff researched how state agencies conduct land management and proceeded using the South Florida Water Management District formula. Staff adjusted the formula to match: 1) cost estimates for more recent exotic removal and maintenance costs in the County and 2)county staff time to conduct land management.A 10%contingency for maintenance reserves was also included. The total current costs are based upon managing individual parcels within Conservation Collier's multi-parcel projects at an average of$558 per acre per year for 20 to 50 years (see Attachment 1). Overview of Monetary Donation for Land and Land Management Endowment Pursuant to LDC section 4.05.07 H.l.fiii.a, an applicant has the option to make a monetary donation payment which include a land endowment payment for land management. Table 1 outlines the payment information for a 50-year program. Table 1 Conservation Collier Land Acquisition Ads isory Committee and Development Services Advisory Committee Endowment Recommendation Proposed monetary donation paYnrent amount for LDC'section 3.05.07 H.Lf a , Land Land Annual Principal Principal Inttial Tatal Costs Management Maintenance Balance PAU 0.4,' � , � n p'EndowmentCosts Year 20 Year iii� �k t6 it DSAC $32,800 $13,200 $558/ac --$13,150 —$11,790 $4,000 —$50,000/acre for years 1-5 $141/ac thereafter** CCLAAC t t _ $36,500':" S58fac/year . $32,435 $1,016 '/ "i3 i $ g..., 4' r ''e * Includes real estate closing costs,etc. **Also assumes that no new unexpected exotic species emerge once the parcel is clean,that 70%of the project area is acquired. + Assumes a 2.25%annual interest rate and 3.0%inflation rate which were deemed not unreasonable by Collier County Office of Management and Budget. 71 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term DSAC recommends a land monetary donation payment amount of$32,800 per acre. DSAC's land cost number is based on an average cost per acre,regardless of land location,multiplied by a factor of 125%of what donors are currently paying for land within multi-parcel targeted areas. Based on 2016 costs, the amount of$13,200 per acre was allocated for 20 years of land management costs and $4,000 per acre for initial exotic vegetation cost removal. The total payment amount equals $50,000 per acre. DSAC's recommendation assumes a 2.25%annual compounded interest rate and 3.0%annual cost of inflation for land management. DSAC suggests lowering maintenance costs after 5 years from $558 to $141 per acre. The change in the maintenance costs is based on the assumption that after 5 years the properties can be maintained with fewer management resources, such as:no new exotic infestations occur, at least 70% of the multi-parcel targeted projects have been acquired, and efficiencies of scale would be realized as larger contiguous areas are more cost-effective for County staff to manage(see Attachment 2). Presently, Collier County owns approximately 50% of Winchester Head and 66% of Red Maple Swamp. Long term maintenance costs at Red Maple Swamp were developed at DSAC's request and were estimated at $558 per acre per year for years 1-5 and then $141 per acre per year thereafter. With reduced management costs and a lower payment amount of$13,200 per acre, DSAC's proposal maintains the principal balance at a nearly constant rate over a 50-year program and utilizes the interest earned to fund land management costs. It is expected the remaining $11,790 principal balance would be exhausted after 70 years. CCLAAC recommends a land monetary donation payment amount of $86,500 per acre. The payment amount includes $50,000 per acre for land cost established by DSAC and $36,500 per acre for long term land management cost. The $50,000 per acre land cost mirror DSAC's established costs, however, CCLAAC recommends including other costs such as closing costs, real estate commissions,clear title searches,etc. Similar to DSAC, $4,000 per acre is allocated for exotic vegetation removal. CCLAAC's recommendation assumes a fixed 2.25% annual compounded interest rate and 3.0%annual cost of inflation for conducting land management over a 50-year term. CCLAAC's formula differs from DSAC in that costs are fixed at $558 per acre per year,and are not assumed to drop after 5 years. After 20 years,the remaining principal balance would be used over the next 30 years cover the land management. At the higher annual rate, it is assumed the principal balance would be exhausted after 50 years (see Attachment 3). Overview of Monetary Payment for Land Management Endowment Pursuant to LDC section 4.05.07 H.l.f.iii.b, in lieu of a monetary payment an applicant has the option to donate land and include a land endowment payment for land management. Table 2 outlines the payment information for a 50-year program. 72 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Table 2 Conservation Collier Land Acquisition Advisory Committee and Development Services Advisory Committee Endowment-Recommendations Proposed monetary payment amount far land management for LDC section 3.05.07 H.l f iii.b ,3iVi PrindpWl Annual Maintenance : Principal Principal Total monetary e Balanc ' Costs ' : Balance Balance?, - payme f I Year 1 , ' " Year 2(l Year 50* DSAC $13,200 $558/ac $13,150 $11,790 $17,200 j for years 1-5 $141/ac thereafter** 1 ,,,,-,, . AA $32,500- ,, $55$/ac/year ' $32x435 .. $1,01 = '77 ,4;•-,-; W,,, `','',. ,,-1,,r • '; 4.12 * Assumes a 2.25%interest rate and 3.0%inflation rate which were deemed not unreasonable by Collier County Office of Management and Budget. **Assumes that no new unexpected exotic species emerge once the parcel is clean,that 70%of the project area is acquired. To address a land management endowment payment, DSAC recommends $17,200 per acre which includes $13,200 for annual maintenance and $4,000 for initial exotic vegetation removal. The recommendation,as noted above,is based on the assumption after 5 years the multi-parcel projects are at approximately 70% completion and therefore maintenance costs are less through land management efficiencies and no new exotic infestations. The lower principal endowment amount of $13,200 per acre would remain nearly a constant balance over the 20-year term due to the reduction in maintenance costs after year 5. The lower cost assumption means that interest is expected to keep pace with expenses after year 5 and that the principle will be reduced gradually. The remaining principal balance at the end of 50 years in DSAC's recommendation is estimated at approximately$11,790. As noted above, CCLAAC recommends a land management payment in the amount of$36,500 per acre which includes $4,000 for initial exotic vegetation removal and $32,500 for long term maintenance. The land management endowment principal amount of $32,500 per acre would remain nearly constant for a 20-year period and be drawn on for the remaining years. The annual maintenance costs of$558 per acre would remain constant,however inflated at 3%per year,until the principal payment amount is fully exhausted at the end of the 50 years. In this scenario the principal is expended more quickly and does not keep pace with interest,but provides more funds annually to manage donated parcels. Three Year Reevaluation of Monetary Payment Amounts Both advisory committees recommended the land donation and management endowment payment amounts be reevaluated every three years in order for them to be consistent with actual costs. The reevaluation can address any changes in economy, changes in the assumptions, and address changes relating to land management. The proposed amendment includes a provision requiring a reevaluation of the costs to manage the lands and staffing costs to conduct the land management. The reevaluation would be conducted by the Conservation Collier program and approved by the Board through a resolution to the Fee Schedule. The monetary payment amounts are to be included in the Growth Management Department Development Review Fee Schedule. 73 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term The following language is recommended to be included in the Fee Schedule by Board resolution: "Off-site native vegetation preservation alternative. These alternatives shall be consistent with LDC section 3.05.07 H.1.f. A payment shall be required prior to the pre-construction meeting for a site development plan or final plat and constructions plans. 1) For purchase of off-site conservation land and land management $ xxxxxx per acre. 2) For land management of donated off-site conservation land $ xxxxxx per acre." The proposed change provides guidance for three years on the payment amounts for land donation and land management. This affords developers and land owners information when buying, selling, or trading for other properties during a due diligence period. The proposed payment in lieu of formula is expected to establish an incentive to use the payment in lieu of option versus buying a parcel. FISCAL & OPERATIONAL IMPACTS: Additional staff time will be dedicated to the reevaluation every three years. Requires amending Resolution 2016-48 to establish a revised Growth Management Department, Development Review Division Fee Schedule. RELATED CODES OR REGULATIONS: Growth Management Plan - Conservation and Coastal Management Element Policy 6.1.1.10 GROWTH MANAGEMENT PLAN IMPACT: By Policy 6.1.1 (10) of the Conservation and Coastal Management Element of the Growth Management Plan(GMP), " The County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriated method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off-site."The amendment is consistent with Policy 6.1.1 (10). DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed amendment on April 13, 2016. DSAC RECOMMENDATIONS: Unanimously approved with no changes on May 4, 2016. OTHER NOTES/VERSION DATE: Prepared by Richard Henderlong, Principal Planner,4/25/16 Amend the LDC as follows: 1 3.05.07 Preservation Standards 2 74 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 H. Preserve standards. 2 1. Design standards. 3 4 f. Off-site vegetation retention. 5 6 iii. Off-site Alternatives. Off-site native vegetation retention 7 requirements may be met by monetary payment or by land 8 donation. 9 a) Applicants shall make monetary payment to Collier 10 County prior to the preconstruction meeting for the SDP or 11 final plat and construction plans. Such funds will shall be 12 used by the County for the purchase and management of 13 off-site conservation lands within the county. The monetary 14 payment amount shall be per acre established by 15 resolution in the Collier County Growth Management 16 Department Development Services Fee Schedule. based 17 - --- - - - - - --- -- - - - --- 18 125 percent of the average cost of land in the Urban 19 - - -• - - - - - - -- . - -- - . _ -- 20 - - - , - --- • -- -, • - - - - , 21 -- - - - - -- - --- --- -- - 22 Collier program. This monetary payment shall bo mad° 23 - - - = - -- - -- - =- ••- - -! - 24 plat construction plans. 25 b) In lieu of monetary payment, applicants may choose to 26 donate land for conservation purposes to Collier County or 27 to another government agency. In the event of donation to 28 Collier County, the applicant may acquire and 29 subsequently donate land within the project boundaries of 30 Winchester Head, North Golden Gate Estates Unit 53, by 31 another multi-parcel project or any other land designated 32 Conservation Collier donation acceptance procedures. 33 Applicants who choose to donate land shall be required to 34 demonstrate that the land to be donated contains native 35 vegetation communities equal to or of higher priority (as 36 described in LDC subsection 3.05.07 A.) than the land 37 required to be preserved onsite. In no case shall the 38 acreage of land donated be less than the acreage of land 39 required to be preserved onsite. Land donated to satisfy 40 the off-site vegetation retention requirement must be 41 located entirely within Collier County. Donations of land for 42 preservation shall be made to a federal, state or local 43 government agency established or authorized to accept 44 lands for the conservation and management of land in 45 perpetuity, subject to the policies and procedures of the 46 receiving entity. Lands donated to Collier County must 47 include a cash monetary payment for management of the 48 land. The monetary payment amount shall be per acre 49 established by resolution in the Collier County Growth 50 Management Department Development Services Fee 51 Schedule. _ _-• _ e- - - _ _ _ -_ _ _ 75 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 percent of the average cost of land in the Urban 2 Designation or 25 percent of the average cost in all other 3 Designations, as applicable, as defined by the FLUE, 4 purchased by Collier County, through the Conservation 5 Collier--program.Applicants shall provide evidence that 6 donations of land for preservation and endowments for 7 management have been accepted by and donated to the 8 entity stated above, at the time of the preconstruction 9 meeting for the SDP or final plat and construction plans. 10 Exotics shall be removed in accordance with the time 11 frames provided in LDC section 3.05.07 H.2. State and 12 Federal agency requirements for mitigation, remediation 13 and monitoring for the donated land shall be the 14 responsibility of the applicant. 15 iv. PUD zoning. Where the off-site native vegetation retention 16 alternative is used for portions of preserves not identified on a 17 PUD master plan, a PUD amendment is not required. Preserves 18 or portions of preserves identified on a PUD master plan shall 19 require an amendment to the PUD master plan to use the native 20 vegetation retention alternative, subject to 10.02.13 E, unless the 21 option to use the off-site native vegetation retention alternative is 22 included in the PUD. 23 # # # # # # # # # # # # # 76 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx C O m od io ti to la co co c T 0, to �� w .L -. 3 m d N O a-al >,-. 0 L _ c L u C a)Y C C O - :,. ca 1E as U o c m o CC) cLi 3 v o > V L)0 c c Cco � o °C° C _T 5U)• E E Eo as go c E = N y � O -,•pII 9 er v 0 0 so to -- •a c .@ o tYi) c Y 0 N Co to Y N a to Co co a) U) Ca C p Q- to C) 73 O.C) p X' N •O o ' T O C a) X C. O U a) C1 c > p o O E a) Oa C C O , -o to O O)(..)._ O ` a) i ca 2 a) E to E o N N G C m 7 0.0 p C O.C 10 N cm j CO so > ,O N i ra v ate+ .� 0 N N to-C L COE >' N fo C` O O E (0 (o Z c as _c En a) W O C) to >. 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O U m U to • 3 -Ea) fljflJ . L C4 O a) a) • j X m .• ' C .. . . 0 C C O al ', N . co N o v L d c to Q � C co 0C N U cO +. O t6 O a) .' a) u. . A E O _ C. Ua13111 ac C E o' o .� N .' a)al O z s p E (S O -O a' E N M v tD 1,- CO O O N In 0 O O U i- o 1- Attachment 2 1 DSAC Recommendation : 2 Original 20 year spreadsheet with assumption of reduced maintenance level costs* after year 5. Model 3 results in approximately the same balance after 20 years as initial endowment. 20 Year Model and 50 Year Snapshot Beginning 2.25% Annual Ending Year Principal return on Management Principal Balance Principal Cost Balance Balance 3.0%CPI 1 $13,200.00 $297.00 $558.27 $12,938.73 2 $12,938.73 $291.12 $575.02 $12,654.83 3 $12,654.83 $284.73 $592.27 $12,347.30 4 $12,347.30 $277.81 $610.04 $12,015.08 5 $12,015.08 $270.34 $628.34 $11,657.08 6 $11,657.08 $262.28 $141.11 $11,778.25 7 $11,778.25 $265.01 $145.34 $11,897.92 8 $11,897.92 $267.70 $149.70 $12,015.92 9 $12,015.92 $270.36 $154.19 $12,132.08 10 $12,132.08 $272.97 $158.82 $12,246.23 11 $12,246.23 $275.54 $163.59 $12,358.19 12 $12,358.19 $278.06 $168.49 $12,467.75 13 $12,467.75 $280.52 $173.55 $12,574.73 14 $12,574.73 $282.93 $178.75 $12,678.91 15 $12,678.91 $285.28 $184.12 $12,780.07 16 $12,780.07 $287.55 $189.64 $12,877.98 17 $12,877.98 $289.75 $195.33 $12,972.41 18 $12,972.41 $291.88 $201.19 $13,063.10 19 $13,063.10 $293.92 $207.22 $13,149.79 20 $13,149.79 $295.87 $213.44 $13,232.22 21 $13,232.22 $297.72 $219.84 $13,310.10 22 $13,310.10 $299.48 $226.44 $13,383.14 23 $13,383.14 $301.12 $233.23 $13,451.02 24 $13,451.02 $302.65 $240.23 $13,513.44 25 $13,513.44 $304.05 $247.44 $13,570.06 26 $13,570.06 $305.33 $254.86 $13,620.52 27 $13,620.52 $306.46 $262.51 $13,664.48 28 $13,664.48 $307.45 $270.38 $13,701.55 29 $13,701.55 $308.28 $278.49 $13,731.34 30 $13,731.34 $308.96 $286.85 $13,753.45 31 $13,753.45 $309.45 $295.45 $13,767.45 78 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Attachment 2 32 $13,767.45 $309.77 $304.32 $13,772.90 33 $13,772.90 $309.89 $313.45 $13,769.34 34 $13,769.34 $309.81 $322.85 $13,756.30 35 $13,756.30 $309.52 $332.53 $13,733.28 36 $13,733.28 $309.00 $342.51 $13,699.77 37 $13,699.77 $308.24 $352.79 $13,655.23 38 $13,655.23 $307.24 $363.37 $13,599.10 39 $13,599.10 $305.98 $374.27 $13,530.81 40 $13,530.81 $304.44 $385.50 $13,449.76 41 $13,449.76 $302.62 $397.06 $13,355.31 42 $13,355.31 $300.49 $408.98 $13,246.83 43 $13,246.83 $298.05 $421.25 $13,123.64 44 $13,123.64 $295.28 $433.88 $12,985.04 45 $12,985.04 $292.16 $446.90 $12,830.30 46 $12,830.30 $288.68 $460.31 $12,658.68 47 $12,658.68 $284.82 $474.12 $12,469.38 48 $12,469.38 $280.56 $488.34 $12,261.60 49 $12,261.60 $275.89 $502.99 $12,034.50 50 $12,034.50 $270.78 $518.08 $11,787.20 Total Program Responsibility Years 21-50 $0 1 2 3 * Maintenance level costs are derived under assumptions: 1.that more parcels are acquired and there 4 will be efficiencies of scale,and 2.that the properties will remain at maintenance levels with no new 5 infestations. 79 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16Wgenda packet.docx Attachment 3 CCLAAC Recommendation : Original 20 year spreadsheet with corrected maintenance costs.Model demonstrates approximately the same balance after 20 years as initial endowment. 20 Year Model and 50 Year Snapshot Year Beginning 2.25% Annual Ending Principal Principal return Management Cost Balance Balance on 3.0%CPI Principal Balance 1 $32,500.00 $731.25 $558.27 $32,672.98 2 $32,672.98 $735.14 $575.02 $32,833.10 3 $32,833.10 $738.74 $592.27 $32,979.58 4 $32,979.58 $742.04 $610.04 $33,111.58 5 $33,111.58 $745.01 $628.34 $33,228.26 6 $33,228.26 $747.64 $647.19 $33,328.70 7 $33,328.70 $749.90 $666.60 $33,412.00 8 $33,412.00 $751.77 $686.60 $33,477.17 9 $33,477.17 $753.24 $707.20 $33,523.20 10 $33,523.20 $754.27 $728.42 $33,549.06 11 $33,549.06 $754.85 $750.27 $33,553.64 12 $33,553.64 $754.96 $772.78 $33,535.82 13 $33,535.82 $754.56 $795.96 $33,494.42 14 $33,494.42 $753.62 $819.84 $33,428.21 15 $33,428.21 $752.13 $844.43 $33,335.91 16 $33,335.91 $750.06 $869.77 $33,216.20 17 $33,216.20 $747.36 $895.86 $33,067.70 18 $33,067.70 $744.02 $922.74 $32,888.99 19 $32,888.99 $740.00 $950.42 $32,678.58 20 $32,678.58 $735.27 $978.93 $32,434.92 21 $32,434.92 $729.79 $1,008.30 $32,156.40 22 $32,156.40 $723.52 $1,038.55 $31,841.38 23 $31,841.38 $716.43 $1,069.70 $31,488.10 24 $31,488.10 $708.48 $1,101.79 $31,094.79 25 $31,094.79 $699.63 $1,134.85 $30,659.58 26 $30,659.58 $689.84 $1,168.89 $30,180.52 27 $30,180.52 $679.06 $1,203.96 $29,655.63 28 $29,655.63 $667.25 $1,240.08 $29,082.80 80 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Attachment 3 29 $29,082.80 $654.36 $1,277.28 $28,459.88 30 $28,459.88 $640.35 $1,315.60 $27,784.63 31 $27,784.63 $625.15 $1,355.07 $27,054.71 32 $27,054.71 $608.73 $1,395.72 $26,267.73 33 $26,267.73 $591.02 $1,437.59 $25,421.16 34 $25,421.16 $571.98 $1,480.72 $24,512.41 35 $24,512.41 $551.53 $1,525.14 $23,538.80 36 $23,538.80 $529.62 $1,570.89 $22,497.53 37 $22,497.53 $506.19 $1,618.02 $21,385.70 38 $21,385.70 $481.18 $1,666.56 $20,200.32 39 $20,200.32 $454.51 $1,716.56 $18,938.27 40 $18,938.27 $426.11 $1,768.06 $17,596.32 41 $17,596.32 $395.92 $1,821.10 $16,171.14 42 $16,171.14 $363.85 $1,875.73 $14,659.26 43 $14,659.26 $329.83 $1,932.00 $13,057.09 44 $13,057.09 $293.78 $1,989.96 $11,360.91 45 $11,360.91 $255.62 $2,049.66 $9,566.87 46 $9,566.87 $215.25 $2,111.15 $7,670.98 47 $7,670.98 $172.60 $2,174.49 $5,669.09 48 $5,669.09 $127.55 $2,239.72 $3,556.92 49 $3,556.92 $80.03 $2,306.91 $1,330.04 50 $1,330.04 $29.93 $2,376.12 $1,016.15 81 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Attachment 3 Page Intentionally Blank 82 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Engineering and Natural Resources Division AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 6.06.03 Streetlights 10.02.11 Submittal of Streetlight Plans CHANGE: To amend the professional requirements for submitting streetlight plans from an "electrical engineer"to an"engineer"and delete the provision requiring an electrical engineer to install streetlights. REASON: The change to LDC section 6.06.03 Streetlights is to provide consistency with LDC section 10.02.04 B.2.e.iv which establishes that an applicant's engineer may design streetlight plans on private streets at the time of construction plan and final subdivision plat application submittal. LDC section 6.06.03 D.1 Streetlights provides for the following: "Where streetlights are to be installed on private streets, the developer, through an electrical engineer registered in Florida, shall design and install the street lighting system subject to the approval of the County Manager or designee. " LDC section 10.02.11 Submittal of Streetlight Plans stipulates: "All street lighting plans shall be prepared by an electrical engineer." However, LDC section 10.02.04 B.2.e.iv, which establishes required improvements for construction plans and final subdivision plats, does not include the term"electrical". It states: "Street lighting. Plans for streetlights shall bear the approval of the utility authorities involved. If the street lighting system is to be privately owned and maintained by a property owners'association or similar entity, it shall be designed by the applicant's engineer;" To date, there have been no concerns or issues raised with non-electrical engineers submitting street lighting plans. Staff and the development industry do not object to allowing an engineer to submit streetlight plan designs. Moreover, the professional license for engineers in Florida includes electrical, chemical, mechanical, and other engineering practices, as established in the Florida Administrative Code Chapter 61G15-30.002 and Florida Statues 471.005. It should be noted that the prime professional engineer is the engineer of record who typically submits the street lighting plans. 83 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Lastly, the amendment proposes to remove LDC section 10.02.11 in its entirety since it no longer serves a purpose and these standards are contained in LDC section 10.02.04 B 2.e.iv. DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed amendment with no changes on February 1, 2016. DSAC RECOMMENDATIONS: Unanimously approved with no changes on May 4, 2016. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Section 10.02.04, F.S. 471 and F.A.C. 61G- 15. An amendment to the Administrative Code-Chapter 5 E.1, Requirements for Construction Plans-Submittal Credentials will be completed at a later date. F.S. 471 and F.A.C. 61G-15 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Richard Henderlong, Principal Planner,4-27-16 Amend the LDC as follows: 6.06.03 -Streetlights 1 D. Wherever, in the opinion of the County Manager or designee, based on an engineer's 2 determination, a dangerous condition is created by sharp curves, irregularities in street 3 alignment, or other similar circumstances, additional lights may be required. Streetlights 4 and mounting poles shall be wired for underground service. All conduits and casing to be 5 placed under the roadway required for the lights must be installed during each 6 construction phase prior to roadway subbase completion. Streetlights shall be designed 7 and installed in either of two L21 ways: 8 1. Where streetlights are to be installed on private streets, , 9 an-electrical an engineer registered in the State of Florida;shall design aRcl 10 install the street lighting system subject to the approval of the County Manager 11 or designee. Upon completion of the streetlights, they shall be owned, operated, 12 and maintained by the property owners' association, a condominium 13 association, cooperative association, or other similar entity, or the public utility 14 furnishing the electric service. 15 2. Where the streetlights are to be installed on public streets, the developer may 16 elect to initiate a municipal services benefit or taxing unit in coordination with the 17 County Manager or designee in order to provide street lighting. If the municipal 18 services benefit or taxing unit is approved by the BCC, the County Manager or 19 designee shall authorize the public utility to design, install, and maintain the 20 street lighting system at no cost to the County's general fund. If no municipal 21 services benefit or taxing unit is created for public streets, the provision of this 22 section shall govern the design, construction, and maintenance of streetlights. 23 # # # # # # # # # # # # # 24 10.02.11 - [Reserved' 25 - -- - - - - - - - -- - --- -- e - - -- - -- 26 # # # # # # # # # # # # # 84 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 5.04.05 Temporary Events CHANGE: 1. To establish development and use standards for temporary special events, which includes temporary market events, sales and promotional events, and sports, religious, and community events. 2. To add a new provision for temporary market events such as farmers markets, art fairs,and craft fairs, to the special events section. Please see Attachment 1 which describes public comments regarding the proposed temporary market event standards. 3. To correct an inconsistency in the standards for sports, religious, and community events. 4. To reorganize the time frames for temporary events for ease of use. REASON: This amendment proposes standards for temporary markets, such as farmers markets, art fairs, and craft fairs which take place on private property. For reference,the BCC approved an amendment(Ordinance No. 15-28)on April 15th,2015 which identified standards and an approval process for temporary events on Collier County property. 1. Development and use standards for special events (temporary market events, sales and promotional events, and sports, religious, and community events) are proposed. The standards include: providing for sanitary facilities; safe entry and exit to the event; use of vehicular use areas; use of temporary structures, merchandise and signage; obtaining permission from property management companies to host the event; compliance with other Collier County codes; and obtaining and displaying licensure or certification from other agencies. These standards are designed to address a range of event outcomes, including temporary market events which can take place on unimproved lands and sports, religious and community events which can take place at locations generally designed for another land use. Currently, special events may occupy, or render unusable, up to 10 percent of the parking required by LDC section 4.05.04. This amendment modifies this standard by allowing for 85 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term the use of up to 25 percent of vehicular use areas. Vehicular use areas are defined in LDC section 1.08.02 as: An area used for circulation,parking, and/or display of motorized vehicles, except junk or automobile salvage yards This will provide a simpler method of calculating the area of the special event allowed within the parking lot. Additionally, the increase from 10 to 25 percent will provide more flexibility for market operators, especially when events are held at locations with smaller parking lots.This means that applicants will be required to submit the area of the event that is taking place within the vehicular use area. 2. Currently, temporary market events on private property are typically reviewed by staff under LDC section 5.04.05 A.1. —Sales and Promotional Events. However, this section is designed for events that are related to the principal activities on the subject property. Additionally,temporary market event vendors do not always maintain physical storefronts and vendors at temporary market events and sell a broad array of food and retail goods which may or may not be available for sale within the principal activities at the subject property. Certain applicants may also apply for a temporary market event pursuant to LDC section 5.04.05 A.2.—Sports,religious, and community events. In this instance,temporary market events are considered religious and/or community events and are restricted to zoning districts in which the temporary use is not specifically approved,unless otherwise approved by the Board. To address these discrepancies,the proposed amendment creates a new category of special event in order to allow for single-or multi-vendor events,such as farmers markets,art fairs, and craft fairs to take place on property where the goods sold at the market may be distinct from those sold at the established businesses located on the premise. Furthermore,the new category allows for religious and non-profit organizations to apply for temporary use permits under LDC section 5.04.05 A.2.—sports,religious,and community events without conflict. This amendment permits temporary market events on improved or unimproved non- residential properties. In addition to the standards applicable for all special events, temporary market events will be required to obtain permission from the property owner to ensure coordination between event organizers and property owners. The amendment also establishes that market operators are required to ensure that vendors obtain all federal,state, and local licenses, insurance, and permits, as applicable. This includes a Collier County business tax receipt and any permanent or temporary license or certification required when selling food, as applicable. Verification of required permitting, etc. could be done through an application process by the market operator. It is important to note that the Cottage Food Law, Florida Statutes § 500.80, exempts individuals from obtaining a license from the Florida Department of Agriculture and 86 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Consumer Services (FDACS) when they make less than $15,000 annually on the manufacturing of certain food products such as breads, cakes, cookies, candies, jams, jellies,and fruit pies.However,these products must be labelled in such a way that identifies the product was made in a cottage food operation that is not subject to Florida's food safety regulations. Further, Collier County Code of Laws section 126-143 requires a business tax receipt or Home Occupation license for each operator of a business, operator, or profession. This means that unless specifically exempted, each vendor at a farmers market is required to obtain a business tax receipt. However, businesses from other counties are not required to obtain a business tax receipt when selling goods at a temporary market in Collier County as it is assumed they already obtain a business tax receipt from their home county. Temporary signs associated with temporary market events will be subject to the existing temporary sign standards for special events in LDC section 5.04.06. This allows one sign per event with a maximum duration of 15 calendar days prior to the event and 7 days after the event has taken place. Additionally, two signs are permitted for properties with two street frontages,with one sign displayed on each street frontage. 3. Currently, LDC section 5.04.05 A.2.a indicates that sports, religious, and community events are permitted"on lands not specifically developed and approved for such activities on a regular basis." However, LDC section 5.04.05 A.2.c. states that "temporary use permits in this category shall be restricted to those zoning districts in which the use would normally be permitted." As these provisions are in conflict, and because these events frequently take place at schools, churches and other locations that are not specifically developed for temporary events, it is proposed new language is established to indicate sports, religious, and community events are limited to zoning districts in which the use would be compatible. 4. Currently, temporary use permits for sales and promotional events limit temporary market events to 28 event days per year. As a new type of special event,this amendment proposes to allow a maximum of 52 event days per year. It is important to note that temporary market event days do not impact the maximum number of event days permitted for other events. For instance, this means that if a farmers market is held at the same location as a sales and promotional event, the number of event days of the sales and promotional event do not reduce the maximum number of temporary market event days. It should be noted that PUDs may include temporary market events as a permitted activity or land use within the PUD and if so may not be required to obtain a temporary use permit for each event. As a result,the applicability of these proposed standards to temporary market events in PUDs will depend upon whether a particular PUD has included specific provisions related to temporary market events. 87 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed amendment and recommended the following: 1) Remove the word"certain" from Section 5.04.05 A.2. 2) Clarify how maximum event days are calculated. 3) Allow a maximum of two temporary signs for temporary market events. 4) Clarify the licensing requirements for vendors. These changes have all been incorporated in the current draft,except for the maximum number of temporary signs. No new sign standards are proposed by this amendment. As a result, temporary sign standards for temporary market events are the same as other types of special events. This means that temporary market events are permitted one temporary sign, but two temporary signs are permitted for properties with two street frontages. DSAC RECOMMENDATIONS: Unanimously approved with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS: • Ordinance Number 2015-28. • This amendment will require a change to the Administrative Code for Land Development. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: May 17, 2016 Amend the LDC as follows: 1 5.04.05 Temporary Events 2 A. Special Events. This section establishes the location and development standards for 3 special events, including temporary market events, sales and promotional events, and 4 sports, religious, and community events. 5 1. Standards applicable to all special events. 6 a. Sanitary facilities shall be provided for the duration of the event. Proof of 7 consent by business management shall be provided if permanent 8 business restrooms are to be used. 9 b. Safe ingress and egress shall be provided to the site, including 10 emergency access measures. 11 c. A maximum of 25 percent of the vehicular use area may be occupied or 12 otherwise rendered unusable by the placement of temporary structures, 13 equipment, and merchandise associated with the special event, unless 14 additional off-site parking is provided. 15 d. The minimum required number of handicapped parking spaces for the 16 site pursuant to LDC section 4.05.07 for the site shall not be used for the 17 special event. 18 e. In support of the special event, temporary structures, equipment, 19 merchandise, and signage may be placed on the site subject to the 88 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 approval of a site diagram depicting the locations of principal structures, 2 parking, temporary structures, and signage. 3 i. Temporary signage shall be subject to the restrictions set forth in 4 LDC section 5.04.06. 5 ii. All temporary structures, equipment, merchandise, or placement 6 and parking of vehicles in conjunction with the special event shall 7 be located in a parking lot or open space at least 10 feet from the 8 property line and shall be removed at the conclusion of each 9 event. 10 iii. A building permit may be required for the erection of temporary 11 tents or structures. 12 f. See Collier County Code of Laws Sections 118-102 and 118-131 to 118- 13 155, or successor sections, for additional standards related to solid 14 waste and recycling collection. 15 q. No sales, advertising, or other activity related to the special event shall be 16 permitted in the public right-of-wav in accordance with Collier County 17 Code of Laws Section 26-1, or successor sections. 18 h. Application. The Administrative Code shall establish the procedural 19 requirements for special events. 20 2. Temporary Market Events. A temporary use permit is required for temporary 21 market events to allow for the temporary sale of retail products which may not 22 normally be available in non-residential zoning districts. Temporary market 23 events shall be defined as a single- or multi-vendor event where vendors sell 24 goods or personal services directly to the public, such as, but not limited to: 25 farmers markets, art fairs, and craft fairs. 26 a. Location. Temporary market events are allowed on improved or 27 unimproved non-residential properties. For temporary events on Collier 28 County Property, see LDC section 5.04.05 C. 29 b. The applicant shall provide a letter from the property owner or property 30 manager granting permission to utilize the subject property for the 31 temporary market event during the requested time period. 32 c. Market operators shall verify that venders obtain all applicable federal, 33 state and local licenses, insurance, and/or permits, including but not 34 limited to the Collier County business tax receipt and any permanent or 35 temporary license or certification required when selling food. 36 43. Sales and Promotional Events. 37 a. A temporary use permit is required for temporary sales and/or 38 promotional events on non-residential property, such as grand openings, 39 going out of business sales, special promotional sales, sidewalk sales, 40 overstock sales, tent sales, or other similar uses for sales and 41 promotional events related to the principal activities in operation at the 42 subject property, unless otherwise provided for in this section. 43 b. The Administrative Code shall establish the procedural requirements for a 44 temporary use permit for sales or promotional events. 45 c. In support of the proposed temporary sale or event, temporary signs, 46 merchandise, structures, and equipment may be placed subject to 47 approval of a site plan depicting same. 48 i. Temporary signage shall be subject to the restrictions set forth in 49 section 5.0'1.06 50 ii. All temporary structures and equipment, merchandise, or 51 placement and parking of vohiclos in conjunction with the 89 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 temporary sale, shall conform to the minimum yard requirement& 2 of the zoning district in which it is located. 3 iii. A building permit may be required for the erection of temporary 4 stns 5 db. Temporary use permits for sales may be issued to the owner(s) of a 6 commercial establishment, or to the tenant(s) operating within a 7 commercial establishment with the approval of the property owner or 8 property manager, provided said tenant provides documentation of a 9 current annual lease with the property owner. Uses permitted by an 10 approved temporary sales permit shall be operated by the property owner 11 or tenant(s), except as provided for in LDC sections 5.04.05 A.1.g.3_e. 12 and 5.04.05 A.4-#3_f. below. 13 ec. Temporary use permits for sales shall be restricted to those zoning 14 districts in which the sale of the items would normally be permitted. 15 Further, the sales activity permitted by the temporary use permit shall be 16 related to the principal commercial activities in operation on the subject 17 property, except as provided for in LDC subsections 5.04.05 A.4: 3_e 18 and 5.04.05 A.4-#3.f below. 19 fd. Special event temporary use permits for Sales and Promotional Events 20 shall not be issued for developed unimproved properties, with 21 exception to pre-construction ground breaking events with a valid 22 development order. 23 ge. The County Manager or designee may issue temporary use permits for 24 satellite locations subject to the applicable restrictions set forth in this 25 section, provided the applicant currently operates a business from a 26 permanent, approved commercial location within the County. Additionally, 27 the purpose of the temporary sale shall be the same as the principal 28 purpose of the existing commercial business of the applicant. 29 hf. The County Manager or designee may, in determining a specific benefit 30 to the public, grant a temporary use permit to facilitate the sale of an item 31 or items not generally available within a specific planning community, 32 subject to the applicable restrictions set forth in this section. 33 24. Sports, religious, and community events. 34 a. A temporary use permit is required for sports, religious, community, or 35 other similar events sponsored by profit, nonprofit, charitable, civil, or 36 membership organizations, on lands not specifically developed and 37 approved for such activities on a regular basis. The County Manager or 38 designee may grant a nonrenewable temporary use permit of up to 1/1 39 days duration for such events. 40 b. Temporary use permits of this type may, in support of the use being 41 permitted, include the placement of temporary signs, merchandise, 42 - - - - --e 2e-.e-2• , -•e a mobile home as an office, but not for 43 residency. 44 i. Temporary signage shall be subject to the restrictions set forth in 45 section 5.04.06 46 ii. A building permit may be required for the placement and/or 47 erection of temporary structures. 48 c. Temporary use permits in this category shall be restricted to those zoning 49 districts in which the use would normally be permitted be compatible, 50 unless otherwise approved by the Board of County Commissioners via a 51 public petition request. 90 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Tcxt ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 d. The County Manager or designee shall accept, without fee, temporary 2 use permit applications for sports, religious, community, or other similar 3 events, upon presentation of documentation that the sponsor of the event 4 is a bona fide nonprofit organization and the event is intended to benefit 5 the community at large or a specific group of individuals. Two such events 6 per calendar year per organization are eligible for this permit. 7 3. Special Event time limits. 8 a. The County Manager or designee may grant nonrenewable temporary 9 use permits of up to 14 days duration, such that during any calendar year 10 the sum total duration of all permits for such events for that location does 11 not exceed 28 days. 12 b. For multiple occupancy parcels with 10 or more tenants the total duration 13 of all such permits shall not exceed 12 days per calendar year. 14 c. Temporary use permits for special events may be extended up to an 15 additional 11 weeks when approved by the Board of County 16 Commissioners. Such approval may be subject to stipulations and 17 additional senstraints which shall be noted as conditions of the permit and 18 the permittee will be required to sign a notarized agreement to abide by 19 such conditions. 20 B. Temporary seasonal sales. A nonrenewable 5 week temporary use permit may be 21 issued for seasonal and holiday related temporary sales subject to the following 22 restrictions. 23 1. Temporary use permits for seasonal sales may be issued only for the following 24 seasonal/holiday related items: 25 a. Christmas trees. 26 b. Fireworks, as allowed by F.S. Chapter 791 and subject to the issuance of 27 an approved permit by the jurisdictional fire district. 28 c. Pumpkins. 29 2. Temporary use permits for seasonal sales may be issued on improved or 30 unimproved properties. 31 3. The applicant shall provide a notarized letter from the property owner or 32 property manager granting permission to utilize the subject property for the 33 temporary seasonal sales. 34 :••t- ..• -- -- ••. .. e - --- - ..•e - •- -- -- -- ••- .... e •- 35 use being permitted, include the placement of signs, merchandise, temporary 36 structures, and equipment. 37 a. Temporary signage is subject to the restrictions set forth in subsection 38 5.04.06 A& B. 39 b. A building permit may be required for the erection of temporary 40 structures. 41 C. Garage sales. A permit is required for garage sales,: In the case of garage sales, lawn 42 sales, and other similar temporary sales to be held at private homes, churches and 43 other places of worship, community centers, or other nonprofit residentially zoned 44 institutions, the County Manager or designee may issue one 2 day permit for such 45 events during ach 6 month period. 46 D. Temporary events on Collier County Property. 47 1. A Board approved agreement shall be required for temporary events on all 48 Collier County parks, facilities, and other property. A temporary use permit shall 49 not be required. 50 2. Signage for temporary events on Collier County property shall comply with LDC 51 section 5.04.06 Temporary Signs. 91 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 3. The applicant shall coordinate with emergency medical services, fire districts, 2 and Collier County Sheriffs offices to determine the appropriate level of coverage 3 required for the event. 4 E. Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may, 5 from time to time, be called upon to allow certain uses for specific periods of time. After 6 public hearing, the County Manager or designee may issue a Temporary Use Permit 7 upon receipt of satisfactory evidence that all stipulations and/or requirements have been 8 satisfied. 9 F. Temporary event time limits. 10 1. Table 5.04.05 F.1.—Temporary Event Time Limits Maximum number Maximum number of of event days Temporary event type event days allowed for allowed per each permit calendar year per location Temporary market events 13 521 Sales and promotional events 14 282.3 Sports, religious, and community events 14 282.3 Temporary seasonal sales 35 105 Garage sales 2 4 Temporary events on Collier County As approved in accordance with LDC property section 5.04.05 D. Temporary uses not elsewhere classified As approved in accordance with LDC section 5.04.05 E. 1 Maximum consecutive event days shall not exceed two event days at any one location. 2 Extension. Temporary use permits for sales and promotional events and sports, religious, and community events may be extended up to an additional four weeks when approved by the Board of County Commissioners at a regularly scheduled public meeting. Such approval may be subject to stipulations and additional constraints which shall be noted as conditions of the permit and the permittee will be required to sign a notarized agreement to abide by such conditions. 3 For multiple occupancy parcels with ten or more tenants the total duration of all such events shall not exceed 42 event days per calendar year. 11 # # # # # # # # # # # # # 92 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Attachment 1 Public Comments Regarding LDC Amendment to section 5.04.05 — Temporary Market Events Name:Joey and Neomi Rakow Contact Information: FarmerMarket2@aol.com Affiliation: Farmers Market Operator—Golden Gate Center Market Comments provided by email on February 26,2016: Thank you for including us, my one concern is the maximum signs for markets should be 2 instead of one. Our Golden Gate Center Market has two entrances. It would be good if we were able to put a sign on each entrance.The 52 days extension for markets would be excellent for us because our vendors are locals who need to work all year long.The other request we have if possible be allowed one feather banner on the day of the event only. Thank you, Joey and Neomi Rakow Staff Notes: Following the recommendation of the County Attorney's Office, Staff is recommending no changes to the signage section.Temporary market events will utilize the same signage standards as all special events. Name: Laura Sloat Contact Information: (239)273-2350 Affiliation: Farmers Market Operator—Shoppes at Vanderbilt Farmers Market Comments provided at DSAC-LDR Subcommittee meeting on February 29,2016: • Farmers Markets are very popular and provide jobs for many people in Collier County. • 52 days for temporary markets is a positive change and will allow vendors to operate and support their business all year long. • Event days from one event should not reduce the maximum number of events days for other events(i.e. event days for promotional events should not impact the event days for market events) • Licensing for vendors is important and fall under three different categories for food related companies: 1)Caterers—licensed through division of professional business management, 2) Food establishment licensed through the Department of Agriculture and Consumer Services, and 3) Cottage food operations are not required to obtain a license but must comply with labelling requirements on foods. • Small businesses operating only out of farmers markets are being told that they do not need a business tax receipt because it falls under the temporary use permit. She requested clarification regarding when business tax receipts are required. • Feather flags are attractive and would only be on display for the day of the market event and should be allowed. • Generally, market organizers provide a map to the zoning department that indicates where the market is located. She requested clarification on how the standard that limits special events to 25 percent of vehicular use areas would be measured. Staff notes: The amendment request narrative has been updated to clarify how event days are calculated,when licensing is required,when business tax receipts are required, and additional explanation on how parking area is calculated. 93 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Attachment 1 Name:Jeff Page Contact Information:(239)537-3145 Affiliation:St.Paul's Episcopal Church Comments provided in person on April 19,2016: • The Farmer's Market at St. Paul's is both an important source of revenue for the church and also an important outreach event for parishioners. • Many vendors at St. Paul's farmer's market are very small vendors,some are Spanish-speaking vendors, and some are out-of-state vendors. • Standards should be available in Spanish. • Asked whether the farmer's market manager is responsible for enforcement of the standards and for ensuring required business licenses or certifications are obtained? • Asked whether Collier County Code Enforcement will monitor state licenses? • Consider exempting churches from the temporary market standards. • Proposed LDC sections 5.04.05 B.2.c-d should be removed or revised to make it clear that it is the vendor's responsibility to meet these requirements. Staff notes: In an effort to be consistent with the contracts utilized for market events on County property and Florida Department of Business and Professional Regulation rules, staff has clarified and consolidated the permitting, licensing, etc. language. Please see Attachment 2 regarding exemptions for churches. Additional exemptions are noted in the LDC amendment narrative. 94 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx c+7 L y L -, CD w0 Q. 41 i.., a N 11% 0 '� H . /" ►s C \� ;rte 0 Nism, L ea j O v' +�,� a� CD 0 M/ C `..0 0 1 — a� 2 a) '� CLU) 0) ° o ,� I ,'- y oc Q '�:-, E V Lt �, arici ftt LIQ -- j '> c -'se s C -4 I— o x un tt V -°' i Lm0._ CA rr CD w X U o vm o ` a -o yd ,a Q, C E c al �`-,,, a V VC a Q) a ',I. O! 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R N O U fny3 !V ri • Z dY6p Cc1- n co L • Q -6. CD N Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Mike Bosi, Director, Zoning Division DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 2.03.01 Agricultural Zoning Districts 2.03.02 Residential Zoning Districts 2.03.03 Commercial Zoning Districts 5.05.14 Public Schools (a new LDC section) Changes from the May 5, 2016 meeting are highlighted in yellow CHANGE: This amendment proposes that charter schools, a form of public school, are reviewed by the County prior to opening for certain compatibility considerations, such as locating within residential zoning districts and potential transportation impacts. Each of the zoning districts that list public schools as a permitted use are amended to reference the new section that contains the processes and additional compatibility standards. Note: Educational facilities, as defined in the LDC, are exempt from the proposed changes and LDC section 5.05.14. The amendment provides options for public schools to be approved by the County as follows: 1. To allow all forms of public schools, including charter schools, the opportunity to pursue an agreement with Collier County pursuant to Florida Statues to include, but not limited to,the criteria established in F.S. §163.31777 Public schools interlocal agreement and F.S. § 1013.33 Coordination of planning with local governing bodies. These statutes provide direction on addressing land use considerations and coordination with the County. It is important to note that in the Estates district, educational plants are a permitted use only as essential services. Furthermore, essential services are, in part, defined by LDC section 1.08.02 as a governmental facility.Therefore,only a public school which is a governmental facility is a permitted use in the Estates. However, a charter school could pursue a conditional use to locate in the Estates. 2. Where no agreement with the County is sought, the following applies: a. In the Estates district, educational plants that are not essential services are a conditional use. b. For public schools located in residential districts,the public school will be required to apply for a conditional use and submit the application materials and meet the site design standards identified in 5.05.14. c. For public schools located in a commercial district, a site plan application and site design standards, such as addressing traffic circulation and providing connections from the site to external pathways, will also be required. 97 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term REASON:Florida Statute 1002.33—Charter Schools,dictates that,"All Charter schools in Florida are public schools." And further states, "a local governing authority must treat charter schools equitably in comparison to similar requirements, restrictions, and processes imposed upon public schools that are not charter schools." However, individual charter schools are not subject to the 2008 interlocal agreement between the County and the District School Board.At this time there is no method to conduct a land use review or analyze the proposed use for compatibility with the surrounding area. Further, the current administrative process for charter schools to open and operate provides no opportunity for local residential neighborhoods or infrastructure providers to examine or influence the proposed facility's impacts. The LDC amendment amending residential zoning districts proposes to provide a standard level of compatibility analysis for all public schools, regardless of ownership or administration. In addition, changes are proposed to the commercial zoning districts, where education plants are also a permitted use. The change stems from past experiences with charter schools utilizing existing buildings in an office complex or business park and recognizing their impact upon the local transportation system. Charter schools currently occupy locations at Radio Road and Airport Pulling Road in Collier County and South Horseshoe and Airport Pulling Road, in Naples. The later site,although in Naples,provides an example of an educational plant located inside a business park. The structures occupied by the charter schools were designed and were previously occupied by traditional office end-users. Therefore, the drop-off/pick-up aspects of a school were not incorporated into the original building's site plan or analyzed for localized impacts to the surrounding local roadways or nearby arterial roadways. The lack of analysis has created congestion in the business park during the drop-off/pick-up time periods. It is proposed that a school utilizing an existing structure submit a traffic impact study that will enable the County's transportation planning division to review and incorporate design solutions and potential vehicle trip caps to account for the impacts to the local transportation system. The changes will provide consistency with current practices. For example, the County and the Collier County School Board have an interlocal agreement which establishes standards for land use review at multiple stages. The agreement contains sixteen review criteria that are to be considered by the County when evaluating potential educational facility sites, expansions, construction that changes the primary use of a facility, stadium construction, or construction that results in greater than 5 percent increase in student capacity (pg. 11). These standards would be included in any agreement between a public school and Collier County. Further, some of these standards are incorporated into the proposed language. The Growth Management Plan, Future Land Use Element Policy 5.14, also provides guidance on the acquisition of future sites for educational plants. Policy 5.14 d outlines the mailed notice requirements and requires that any public commentary received as a result of the mailed notice is provided to the Collier County School Board. The GMP also notes LDC section 10.02.03 A.5.b.ii which outlines the School Board Review Exemptions. This section is no longer binding, but provides guidance for compatibility analysis as well. The provisions established in the interlocal agreement, GMP, and LDC recognize that a school can have land use impacts that are beneficial to a community and other impacts that can be alleviated through design considerations. Some of the considerations noted in the interlocal agreement include: location and walkability to new 98 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term elementary and middle schools, compatibility of schools with present and future adjacent properties, safe access to the site by pedestrians and vehicles, public facility adequacy, environmental constraints, soil characteristics, stormwater management, etc. All of these considerations would be address either through a conditional use or through an administrative process. The Planning Commission recommended clarifying that educational plants and public schools, are permitted uses in the Estate District only as an essential service.As noted earlier, essential services are, in part, defined by LDC section 1.08.02 as a governmental facility. The clarification is based on LDC section 2.01.03 D which states that within the estate zoning district "governmental services and facilities shall be considered permitted essential services [including] nonresidential education facilities...". DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed amendment with no changes on April 13, 2016. DSAC: Unanimously approved with no changes on May 4, 2016. PLANNING COMMISSION: The Planning Commission recommended the Estate Zoning District be amended to note that Educational plants and public schools are an essential service pursuant to LDC section 2.03.01 D. FISCAL & OPERATIONAL IMPACTS: There are no identified fiscal impacts to the proposed changes. The changes are anticipated to improve the operational impacts of new facilities on surrounding infrastructure. RELATED CODES OR REGULATIONS: Florida Statutes 1002.23 GROWTH MANAGEMENT PLAN IMPACT: The proposed change will align with the policy 5.14 of the Future Land Use Element (FLUE) of the GMP, which provides for the compatibility process for new public schools. OTHER NOTES/VERSION DATE: Prepared by Mike Bosi, March 15, 2016 Amend the LDC as follows: 1 2.03.01 Agricultural Districts 2 3 B. Estate District (E). 4 5 1. The following subsections identify the uses that are permissible by right and 6 the uses that are allowable as accessory or conditional uses in the estates 7 district (E). 8 a. Permitted uses. 9 10 4. , i "Educational plants1"as an 11 essential service. 12 99 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 c. Conditional uses. For Estates zoning within the Golden Gate Estates 2 subdivision, the Golden Gate Area Master Plan in the GMP restricts the 3 location of conditional uses. The following uses are permissible as 4 conditional uses in the estates district(E), subject to the standards 5 and procedures established in LDC section 10.08.00: 6 11. Public schools without an agreement with Collier County, as 7 described in LDC section 5.05.14. Additional standards in LDC 8 section 5.05.14 shall also apply. 9 # # # # # # # # # # # # # 10 11 2.03.02 Residential Zoning District 12 13 A. Residential Single-Family Districts(RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). 14 * * * * * * * * * * * 15 1. The following subsections identify the uses that are permissible by right and 16 the uses that are allowable as accessory or conditional uses in the 17 residential single-family districts (RSF). 18 a. Permitted uses. 19 * * * * * * * * * * * * * 20 3. Schools, public. This includes "Educational plants;"and public 21 schools with an agreement with Collier County, as described in 22 LDC section 5.05.14; however, any high school located in this 23 district is subject to a compatibility review as described in 24 LDC section 10.02.03. 25 * * * * * * * * * * * * * 26 c. Conditional uses.The following uses are permissible as conditional 27 uses in the residential single-family districts (RSF), subject to the 28 standards and procedures established in LDC section 10.08.00. 29 * * * * * * * * * * * * * 30 11. Public schools without an agreement with Collier County, as 31 described in LDC section 5.05.14. Additional standards in LDC 32 section 5.05.14 shall also apply; however, any high school 33 located in this district is subject to a compatibility review as 34 described in LDC section 10.02.03. 35 * * * * * * * * * * * * * 36 B. Residential Multi-Family-6 District(RMF-6). 37 * * * * * * * * * * * * * 38 1. The following subsections identify the uses that are permissible by right and 39 the uses that are allowable as accessory or conditional uses in the RMF-6 40 district. 41 a. Permitted uses. 42 * * * * * * * * * * * * * 43 5. Educational plants and public schools with an agreement with 44 Collier County, as described in LDC section 5.05.14; however, 45 any high school located in this district is subject to a 46 compatibility review as described in LDC section 10.02.03. 47 * * * * * * * * * * * * * 48 c. Conditional uses. The following uses are permissible as conditional 49 uses in the RMF-6 district, subject to the standards and procedures 50 established in LDC section 10.08.00. 51 * * * * * * * * * * * * * 100 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 10. Public schools without an agreement with Collier County, as 2 described in LDC section 5.05.14. Additional standards in LDC 3 section 5.05.14 shall also apply; however, any high school 4 located in this district is subject to a compatibility review as 5 described in LDC section 10.02.03. 6 7 * * * * * * * * * * * * 8 C. Residential Multi-Family-12 District(RMF-12). 9 * * * * * * * * * * * * * 10 1. The following subsections identify the uses that are permissible by right and 11 the uses that are allowable as accessory or conditional uses in the 12 residential multi-family-12 district (RMF-12). 13 a. Permitted uses. 14 * * * * * * * * * * * * * 15 6. Educational plants and public schools with an agreement with 16 Collier County, as described in LDC section 5.05.14; however, 17 any high school located in this district is subject to a 18 compatibility review as described in LDC section 10.02.03. 19 * * * * * * * * * * * * * 20 c. Conditional uses. The following uses are permissible as conditional 21 uses in the residential multiple-family-12 district (RMF-12), subject to the 22 standards and procedures established in LDC section 10.08.00. 23 * * * * * * * * * * * * * 24 8. Public schools without an agreement with Collier County, as 25 described in LDC section 5.05.14. Additional standards in LDC 26 section 5.05.14 shall also apply; however, any high school located 27 in this district is subject to a compatibility review as described in 28 LDC 10.02.03. 29 * * * * * * * * * * * * * 30 D. Residential Multi-Family-16 District(RMF-16). 31 * * * * * * * * * * * * * 32 1. The following subsections identify the uses that are permissible by right and the 33 uses that are allowable as accessory or conditional uses in the residential 34 multi-family-16 district(RMF-16). 35 a. Permitted uses. 36 * * * * * * * * * * * * * 37 4. Educational plants and public schools with an agreement with I 38 Collier County, as described in LDC section 5.0514; however, 39 any high school located in this district is subject to a 40 compatibility review as described in section 10.02.03. 41 * * * * * * * * * * * * * 42 c. Conditional uses. The following uses are permissible as conditional 43 uses in the residential multiple-family-16 district(RMF-16), subject to 44 the standards and procedures established in LDC section 10.08.00. 45 * * * * * * * * * * * * * 46 8. Public schools without an agreement with Collier County, as 47 described in LDC section 5.05.14. Additional standards in LDC 48 section 5.05.14 shall also apply; however, any high school located 49 in this district is subject to a compatibility review as described in 50 LDC section 10.02.03. 51 * * * * * * * * * * * * * 52 F. Village Residential District(VR). 101 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2Wdvisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 * * * * * * * * * * * * 2 1. The following subsections identify the uses that are permissible by right and the 3 uses that are allowable as accessory or conditional uses in the village 4 residential district(VR). 5 a. Permitted uses. 6 * * * * * * * * * * * * * 7 6. Educational plants and public schools with an agreement with 8 Collier County, as described in LDC section 5.0514; however, 9 any high school located in this district is subject to a 10 compatibility review as described in LDC section 10.02.03. 11 * * * * * * * * * * * * * 12 c. Conditional uses. The following uses are permissible as conditional 13 uses in the village residential district(VR), subject to the standards and 14 procedures established in LDC section 10.08.00. 15 * * * * * * * * * * * * * 16 11. Public schools without an agreement with Collier County, as 17 described in LDC section 5.05.14. Additional standards in LDC 18 section 5.05.14 shall also apply; however, any high school located 19 in this district is subject to a compatibility review as described in 20 LDC section 10.02.03. 21 * * * * * * * * * * * * * 22 G. Mobile Home District(MH). 23 1. The following subsections identify the uses that are permissible by right and 24 the uses that are allowable as accessory or conditional uses in the mobile 25 home district(MH). 26 a. Permitted uses. 27 * * * * * * * * * * * * * 28 5. Educational plants and public schools with an agreement with 29 Collier County, as described in LDC section 5.05.14; however, 30 any high school located in this district is subject to a 31 compatibility review as described in LDC section 10.02.03. 32 * * * * * * * * * * * * * 33 c. Conditional uses. The following uses are permissible as conditional 34 uses in the mobile home district (MH), subject to the standards and 35 procedures established in LDC section 10.08.00. 36 7. Educational plants and public schools without an agreement 37 with Collier County, as described in LDC section 5.05.14. 38 Additional standards in LDC section 5.05.14 shall also apply; 39 however, any high school located in this district is subject to a 40 compatibility review as described in LDC section 10.02.03. 41 # # # # # # # # # # # # # 42 43 2.03.03 Commercial Zoning Districts 44 45 A. Commercial Professional and General Office District (C-1). 46 * * * * * * * * * * * * * 47 1. The following uses, as identified with a number from the Standard Industrial 48 Classification Manual (1987), or as otherwise provided for within this section 49 are permissible by right, or as accessory or conditional uses within the C-1 50 commercial professional and general office district. 51 a. Permitted uses. 52 * * * * * * * * * * * * * 102 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 17. Educational plants,-and public schools subject to LDC section 2 5.05.14. 3 * * * * * * * * * * * * 4 B. Commercial Convenience District(C-2). 5 * * * * * * * * * * * * * 6 1. The following uses, as identified with a number from the Standard Industrial 7 Classification Manual (1987), or as otherwise provided for within this section 8 are permissible by right, or as accessory or conditional uses within the C-2 9 commercial convenience district. 10 a. Permitted uses. 11 * * * * * * * * * * * * * 12 25. Educational plants,-and public schools subject to LDC section 13 5.05.14. 14 * * * * * * * * * * * * * 15 C. Commercial Intermediate District(C-3). 16 * * * * * * * * * * * * * 17 1. The following uses, as identified with a number from the Standard Industrial 18 Classification Manual (1987), or as otherwise provided for within this section 19 are permissible by right, or as accessory or conditional uses within the 20 commercial intermediate district (C-3). 21 a. Permitted uses. 22 * * * * * * * * * * * * * 23 31. Educational plants,-and public schools subject to LDC section 24 5.05.14. 25 * * * * * * * * * * * * * 26 D. General Commercial District(C-4). 27 * * * * * * * * * * * * * 28 1. The following uses, as defined with a number from the Standard Industrial 29 Classification Manual (1987), or as otherwise provided for within this section 30 are permissible by right, or as accessory or conditional uses within the 31 general commercial district(C-4). 32 a. Permitted uses. 33 * * * * * * * * * * * * * 34 49. Educational plants:and public schools subject to LDC section 35 5.05.14. 36 * * * * * * * * * * * * * 37 E. Heavy Commercial District (C-5). 38 * * * * * * * * * * * * * 39 1. The following uses, as identified with a number from the Standard Industrial 40 Classification Manual (1987), or as otherwise provided for within this section 41 are permissible by right, or as accessory or conditional uses within the 42 heavy commercial district(C-5). 43 a. Permitted uses. 44 * * * * * * * * * * * * * 45 57. Educational plants,-and public schools subject to LDC section 46 5.05.14. 47 # # # # # # # # # # # # # 48 49 5.05.14 Public Schools 50 51 A. Purpose and intent. This section is intended to provide for compatibility of public 52 schools in Estates, residential, and commercial zoning districts. In particular, this section 103 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 seeks to ensure that impacts to traffic circulation, vehicle stacking, and vehicular and 2 pedestrian access to the site are reviewed by the County and impacts are mitigated. All 3 applications for public schools submitted as of[effective date of Ord.] shall be 4 considered in the manner described by this section. 5 B. All public schools shall meet the standards in LDC section 5.05.14 C, D, and E below, 6 unless an agreement is established between the operator of the public school and Board 7 of Collier County Commissioners that addresses, at a minimum, the issues established 8 in F.S. §§ 163.31777 and 1013.33. 9 C. Requirements where no agreement is established between the operator of the public 10 school and the Board: 11 1. Public schools located within the Estates or residential zoning districts shall be 12 subject to conditional use approval and this section. 13 2. Public schools located within a commercial zoning district that construct a new 14 building(s) or occupy existing buildings, or there is an expansion to the school 15 which results in greater than a 5 percent increase in student capacity shall 16 comply with this section. 17 D. Traffic circulation standards for all application types: 18 1. Vehicles trips dedicated to the public school shall not queue or have an impact 19 on existing through-lanes on the adjacent roadways and shall be addressed in 20 accordance with TIS guidelines and procedures. 21 2. Pedestrian access shall be provided from the public school to external 22 pathways. 23 E. Application requirements. 24 1. A SDP, SDPA, SDPI, or a SIP shall be submitted pursuant to LDC section 25 10.02.03 and shall demonstrate the following: 26 a. The location of all drop-off and pick-up and sites, such as those for 27 vehicles and buses. 28 b. The location of on-site stacking lanes that serve drop-off and pick-up 29 sites. 30 c. The location of new or existing turn lanes. 31 d. The location of all internal pedestrian connections and the location of 32 pedestrian access points to exterior pathways. 33 e. Any additional information requested by the County Manager or designee 34 regarding traffic impacts. 35 2. A TIS, in accordance with the TIS guidelines and procedures, shall demonstrate 36 the following: 37 a. The trip distribution percentages and number of trips, and trip 38 assignments of where vehicles and buses will enter and exit the site. 39 b. Any additional information requested by the County Manager or designee 40 regarding traffic impacts. 41 F. Educational facilities, as defined in the LDC section 1.08.02, shall be exempt from this 42 section. 43 44 # # # # # # # # # # # # # 104 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Planning and Zoning Division AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment CHANGE: LDC sections 9.04.04 provides varying degrees of relief for several types of after-the- fact situations for structures. Currently, there are several inconsistencies and conflicts within the criteria for the administrative minor after-the-fact encroachment provision. This amendment rectifies the inconsistencies and conflicts. REASON: Ordinance 2006-63 amended LDC section 9.04.04 and established several additional provisions to allow for after-the-fact administrative variances to be approved. However, at that time inconsistencies were introduced. Several of the criteria conflict or are located in the incorrect subsections, creating confusion and internal conflicts. The proposed amendment clarifies which criteria are to be met for each scenario and establishes that the encroachment applies to the yard requirement in effect the date the building permit was issued in each section. For information purposes: a Certificate of Occupancy(CO) is established in the Florida Building Code 5th Ed. (2014)under Section 111 —Certificate of Occupancy and allows for a building or structure to be used or occupied. A CO establishes that a building complies substantially with the plans and specifications that have been submitted to, and approved by,the local authority and allows occupancy. LDC subsection 9.04.04 C.4 has been modified to be a standalone section. This revision clarifies that the grandfathering provision is not subject to the 25%relief,but rather the setbacks established at the time of construction. The following table provides several examples as to how the sections are used. LDC County Action Example Situations Relief Section Provided 9.04.04 A Building Permit is issued but no Slab is poured incorrectly. Up to 5% Certification of Occupancy is Encroachment is found during issued construction.This is typically after the purchase of the home. 9.04.04 B Building Permit is issued and a Encroachment is found following use of Up to 10% Certificate of Occupancy is structure.Typically due to improved issued techniques for surveying and identified at a real estate closing. 105 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 9.04.04 C Building Permit is issued or no 1) Encroachment is due to improved Up to 25% building permit record can be techniques for surveying or county error. found Error is not the result of the property owner. 2) No building permit can be found on record and is not the result of the current property owner. 9.04.04 D Certificate of Occupancy is 3)"Grandfathering"conditions apply and Equal to or less (new issued. prior setbacks in the LDC are permitted. than prior section) setback DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed amendment with no changes on February 1, 2016. DSAC-RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Collier County Ordinance 2006-63. An amendment to the Administrative Code for Land Development will be completed at a later date. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Richard Henderlong,Principal Planner, 5/12/16 CC Amend the LDC as follows: 1 9.04.04 -Specific Requirements for Minor After-the-Fact Encroachment 2 3 Minor after-the-fact yard encroachments for structures, including principal and accessory 4 structures, may be approved administratively by the County Manager or designee. Exceptions 5 to required yards as provided for within section 4.02.01.D shall not be used in the calculations 6 of existing yard encroachments. 7 8 A. For both residential and non-residential structures the County Manager or 9 designee may administratively approve minor after-the-fact yard 10 encroachments of up to five (5) percent of the required yard, not to exceed a 11 maximum of six(6) inches when; 12 1. A a building permit has been issued and 13 which a certificate of occupancy has not been granted. The 14 encroachment applies to the yard requirement in effect as of the date 15 the building permit was issued. 16 -- •• - - - -- - - - - _ 17 18 B. For both residential and non-residential structures, the County Manager or 19 designee may administratively approve minor after-the-fact yard 20 encroachments of up to ten (10) percent of the required yard with a maximum 21 of two (2)feet when 106 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Toxt strikethrough is current text to be deleted. Bold text indicates a defined term 1 1. A a building permit and certificate of occupancy or a final 2 development order has been granted. The encroachment applies to 3 the yard requirement in effect as of the date the building permit was 4 issued. 5 2. The encroachment applies to the yard requirement which was in effect 6 -- - - -- - - -- - - . 7 - - - 8 C. For property supporting a single-family home, two-family home, duplex, 9 mobile home or modular home, the County Manager or designee may 10 administratively_approve encroachments of up to twenty-five (25) percent of 11 the required yard in effect as of the date of the 12 building permit when one of the following conditions exists:.- 13 1. In the presence of mitigating circumstances, where the encroachment 14 does not result from error or action on the part of the property owner 15 and a building permit has been issued. 16 • - • - - - --- --- 17 32. When Where no building permit record can be produced and the 18 following criteria must be are met: 19 a. An after-the-fact building permit for the structure, or portion of 20 the structure, is issued prior to the application approval of for 21 the administrative variance,prior to the application for the 22 administrative variance. The administrative variance will only be 23 approved once all inspections have been completed_and the 24 - -- - - - -- - - - -25 administrative variance has been approved-The certificate of 26 occupancy shall be placed on hold until the administrative 27 variance is approved. 28 b. The encroaching structure, or portion of the structure, was 29 constructed prior to the purchase of the subject property by the 30 current owner. 31 c. Evidence is presented showing that the encroaching structure, 32 or portion of the structure, was constructed at least two (2) 33 years prior to the date of application for the administrative 34 variance. This evidence may be in the form of a survey, 35 property card, or dated aerial photograph clearly showing the 36 encroachment. 37 d. The encroaching structure is either an addition of living area to 38 a principal structure, or an accessory structure of at least 39 two hundred (200) square feet in area. 40 e. The encroachment presents no safety hazard and has no 41 adverse effect on the public welfare. 42 4-D. Where a structure was lawfully permitted within a residential zoning district 43 under a previous code, and where said structure is considered 44 nonconforming under the current Land Development Code, due to changes 45 in the required yards, the County Manager or designee may administratively 46 approve a variance for an amount equal to or less than the existing yard 47 encroachment. 48 D-E. Under no circumstances shall any administrative variance be approved which 49 would allow a reduction of the separation between structures to less than ten 50 (10)feet. 107 I:\2015 LDC Amendment Cycle\2015 LDCA Cycle 2\Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx Text underlined is new text to be added. Bold text indicates a defined term 1 F. Administrative variances approved pursuant to the above do not run with the 2 land in perpetuity and remain subject to the provisions of this section regarding 3 nonconforming structures. 4 # # # # # # # # # # # # # 5 108 l:\2015 LDC Amendment Cycle\2015 LDCA Cycle 21Advisory Boards and Public Hearings\CCPC\5-25-16\Agenda packet.docx