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Agenda 07/12/2016 Item #16A14 7/12/2016 16.A.14. EXECUTIVE SUMMARY Recommendation to approve the list of proposed 2016 Land Development Code Amendments for the 2016 Cycle of Amendments. OBJECTIVE: To obtain Board of County Commissioners(Board)approval of the list of proposed Land Development Code(LDC)Amendments for the 2016 Cycle of Amendments. CONSIDERATIONS: The following LDC Amendments are proposed for the 2016 LDC Amendment Cycle. This list is comprised of amendments that are Board directed, and those that the Planning Commission noted require additional research and vetting following the 2015 Cycle 2 LDC amendment process. Additional amendments are requested by the Growth Management Department. 2016 Land Development Code Amendment Cycle Board Directed 1 New LDC Golf Course Redevelopment(Start the process with a consultant) Section Requested by the Planning Commission 2 LDC section Address affordable group housing, i.e. Medicaid beds and/or low 5.05.04 income within a nursing home and/or assisted living facility requesting a floor area ratio greater than 0.45 3 LDC Section Examine the professional credentials to submit streetlight plans. 6.06.03 and 10.02.11 4 LDC section Revisit the off-site native vegetation retention requirements to 3.05.07 encourage on-site preserve retention. Requested by the Growth Management Department 5 LDC Section Clarify lot line adjustments and lot splits are applicable in all zoning 4.03.04 districts. 6 LDC Section Amend the Temporary Use section to require an amplified sound 5.04.05 permit when amplified sound occurs for special events and when there is outdoor seating. 7 LDC Section Review storinwater retention/detention design standards for single- 6.05.01 family dwelling units,two-family dwelling units, and duplexes. 8 Multiple LDC Correct cross references, conflicts, and scrivener's errors. Sections 9 LDC Section Amend the sidewalk payment-in-lieu option to apply only to 6.06.02 sidewalks identified in the 5-year Capital Improvement Element. 10 Administrative Update application requirements and process to support Electronic Code for Land Plan Review, address errors, and add application types. Development FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. Packet Page-299- 7/12/2016 16.A.14. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote is needed for Board approval. -HFAC RECOMMENDATION: To approve the list of proposed 2016 LDC Amendments and direct staff as to any changes. Prepared By: Caroline Cilek, AICP, CFM, LDC Manager, Development Review Division, Growth Management Department Packet Page-300- 7/12/2016 16.A.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.14. Item Summary: Recommendation to approve the list of proposed 2016 Land Development Code Amendments for the 2016 Cycle of Amendments. Meeting Date: 7/12/2016 Prepared By Name: CilekCaroline Title: Manager-LDC,Development Review 6/8/2016 10:30:57 AM Submitted by Title: Manager-LDC, Development Review Name: CilekCaroline 6/8/2016 10:30:58 AM Approved By Name: McLeanMatthew Title: Project Manager,Principal, Development Review Date: 6/13/2016 4:24:38 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 6/14/2016 1:47:08 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 6/14/2016 1:47:54 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 6/14/2016 4:58:16 PM Name: FrenchJames Packet Page -301- 7/12/2016 16.A.14. Title: Deputy Department Head-GMD, Growth Management Department Date: 6/16/2016 5:05:20 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Administration Date: 6/17/2016 1:23:06 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/21/2016 4:44:00 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 6/30/2016 5:08:30 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 7/5/2016 4:37:31 PM Packet Page-302- Attached : Are the hyperlink documents from the Executive Summary 2015 Land Development Code Amendments Cycle 2 Board of County Commissioners Meeting Tuesday, July 12, 2016 1 Table of Contents Amendments and pages are hyperlinked LDC Section LDC Amendment Description Page Summary Sheet 2 Board Directed Amendment LDC sections 2.03.01, 2.0302, 2.03.03, & 5.05.14 (New LDC section) Address compatibility of charter schools, in particular transportation impacts This LDCA does not apply to the Collier County Public School District 9 Privately Initiated Amendment LDC section 2.03.07 Amend conditional and prohibited uses within the Immokalee Main Street Overlay Subdistrict 17 Amendments Providing Flexibility LDC sections 3.05.04 & 3.05.07 Amend preserve signage requirements 28 LDC section 10.02.03 Amend SDPI process to allow for architectural and site design improvements 34 LDC sections 2.03.07, 4.02.33, & 10.02.05 Provide new application and approval process for nonconforming mobile homes sites in Immokalee to be considered a permitted use 37 Clarification and Scrivener’s Error Amendments LDC sections 1.08.02, 2.03.03, 2.03.06, 2.03.08, 3.05.10, 4.06.02, 4.06.05, & 5.06.00 Amend various LDC Sections to correct scrivener errors 53 LDC sections 3.02.10 & 5.03.06 Update the NAVD/NGVD requirements 64 LDC section 3.05.07 Clarify when preserves are identified on site plans 67 LDC sections 6.02.06 & 6.02.07 Amend level of service provisions to cross reference relevant GMP-CIE and LDC sections 69 LDC section 9.04.04 Address conflicts between criteria in the administrative minor after-the-fact encroachment provisions 72 Miscellaneous Amendments LDC section 4.05.10 Introduce parking requirements for residential central mail delivery locations 76 LDC section 5.04.05 Amend the Temporary Use section to address community markets on private property 82 2016 LDC Amendments –Cycle 2 Summary Sheet with Advisory Board and Board Recommendations 2 LDC Section(s)Proposed Amendment Overview DSAC-LDR Subcommittee Recommendation February 1 February 29 April 13 DSAC Recommendation April 6 May 4 CCPC Recommendation April 21, May 5, May 25 Board Directed Amendment Origin:Board of County Commissioners Author: Mike Bosi, Zoning Division Section: 2.03.01 Agriculture Zoning Districts, 2.03.02 Residential Zoning Districts, 2.03.03 Commercial Zoning Districts, 5.05.14 Educational Plants The amendment proposes that charter schools, a form of public school, are required to pursue an agreement with the County or a conditional use where allowed in order to identify and address impacts, in particular transportation impacts Approved unanimously on 4/13. Approved unanimously on 5/4. Reviewed on 5/5,with the following changes: amend reference to State Statues; amend Estates district to reflect use only as an essential service; limit staff requests for additional info to those related to traffic impacts. Approved unanimously on 5/25 with no changes. Privately Initiated Amendment Origin:Collier County Redevelopment Agency- Immokalee Author: Immokalee CRA Local Advisory Board Section: 2.03.07 Overlay Zoning Districts This amendment proposes to amend the conditional and prohibitive uses within the Immokalee Main Street Overlay Subdistrict. Approved unanimously on 4/13 with the following change: strike through the redundant statement “……. Within or in the Main Street Overlay Subdistrict” where it is not necessary since the section in its entirety pertains to the Main Street Overlay Subdistrict.This change has been incorporated in the current draft. Approved unanimously on 5/4. Reviewed on 4/21 and unanimously approved on 5/25 with no changes. 2016 LDC Amendments –Cycle 2 Summary Sheet with Advisory Board and Board Recommendations 3 LDC Section(s)Proposed Amendment Overview DSAC-LDR Subcommittee Recommendation February 1 February 29 April 13 DSAC Recommendation April 6 May 4 CCPC Recommendation April 21, May 5, May 25 Amendments Providing Flexibility Origin:Environmental and Natural Resources Division Author: Stephen Lenberger Section: 3.05.04 Veg. Removal and Protection Standards and 3.05.07 Preservation Standards The amendment proposes to amend the timing of when protective barriers for preserves are installed and to clarify where permanent preserve signs are required. No changes, approved unanimously on 2/29. No changes, approved unanimously on 4/6. Reviewed on 4/21 and approved unanimously on 5/25 with no changes. Origin:Growth Management Department Author: GMD Staff Section: 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof The amendment proposes to expand the Site Development Plan – Insubstantial Change (SDPI) process to include architectural modifications to existing buildings. Approved unanimously 2/1 with the following recommendation: The Subcommittee recommended that comprehensive changes to the SDPI section should be considered. No changes, approved unanimously on 4/6. Reviewed on 4/21 and approved unanimously on 5/25 with no changes. 2016 LDC Amendments –Cycle 2 Summary Sheet with Advisory Board and Board Recommendations 4 LDC Section(s)Proposed Amendment Overview DSAC-LDR Subcommittee Recommendation February 1 February 29 April 13 DSAC Recommendation April 6 May 4 CCPC Recommendation April 21, May 5, May 25 Origin:Growth Management Department Author: GMD Staff Section: 2.03.07 Overlay Zoning Districts, 4.02.03 Specific Design Standards for the Immokalee— Mobile Home Park Overlay Subdistrict, 10.02.05 Construction, Approval, and Acceptance of Required Improvements. This amendment proposes a new application and process for nonconforming mobile homes sites in Immokalee to be considered a permitted use. It establishes “an existing conditions site improvement plan” application to allow property owners to be eligible to replace mobile home units through the new approval process. Reviewed on 4/13. Suggested changes including formatting and content of the applicability section. Inquired as to the inspections process. Subcommittee would like to re-review LDCA prior to DSAC approval. The updated LDCA was provided to the subcommittee prior to DSA review and approval. Approved unanimously on 5/4. Reviewed on 5/5 and unanimously approved on 5/25 with no changes. Clarification and Scrivener’s Error Amendments Origin:Planning and Zoning Author: GMD Staff Section: 1.08.02, 2.03.03 and other sections, including correcting cross- references, conflicts, and scrivener’s errors The amendment corrects various scrivener errors, incorrect or missing cross references, removes a duplicate permitted use in C-5 Zoning District and addresses overlapping definitions. No changes, approved unanimously on 2/1. No changes, approved unanimously on 4/6. Reviewed on 4/21 approved unanimously with no changes on 5/25. 2016 LDC Amendments –Cycle 2 Summary Sheet with Advisory Board and Board Recommendations 5 LDC Section(s)Proposed Amendment Overview DSAC-LDR Subcommittee Recommendation February 1 February 29 April 13 DSAC Recommendation April 6 May 4 CCPC Recommendation April 21, May 5, May 25 Origin:Growth Management Department Author: GMD Staff Section: 3.02.10 Standards for Subdivision Plats and 5.03.06 Dock Facilities The amendment proposes to replace outdated references to the National Geodetic Vertical Datum of 1929 (NGVD) with references to the North American Vertical Datum of 1988 (NAVD). No changes, approved unanimously on 2/1. No changes, approved unanimously on 4/6. Reviewed on 4/21 and unanimously approved on 5/25 with no changes. Origin:Environmental and Natural Resources Division Author: Stephen Lenberger Section: 3.05.07 Preservation Standards The amendment proposes to clarify that preserves are to be identified at the time of first development order that requires the approval of a site plan or conceptual site plan. Approved unanimously on 2/29, 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. No changes, approved unanimously on 4/6. Reviewed on 4/21 and approved unanimously on 5/25 with no changes. 2016 LDC Amendments –Cycle 2 Summary Sheet with Advisory Board and Board Recommendations 6 LDC Section(s)Proposed Amendment Overview DSAC-LDR Subcommittee Recommendation February 1 February 29 April 13 DSAC Recommendation April 6 May 4 CCPC Recommendation April 21, May 5, May 25 Origin:Growth Management Department Author: GMD Staff Section: 6.02.06 Potable Water Facility Level of Service Requirements and 6.02.07 Sanitary Sewer Facility Level of Service Requirements This amendment proposes to remove outdated standards for potable water and sanitary sewer facilities level of service requirements and provide a cross reference to level of service standards in the GMP Capital Improvement Element. No changes, approved unanimously on 4/13. Approved unanimously on 5/4. Reviewed on 4/21 and approved unanimously on 5/25 with no changes. Origin:Growth Management Department Author: GMD Staff Section: 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment This amendment proposes to address conflicts with the criteria in the administrative minor-after-the fact encroachment provisions. No changes, approved unanimously on 2/1. No changes, approved unanimously on 4/6. Reviewed on 4/21 and approved unanimously on 5/25 with no changes. 2016 LDC Amendments –Cycle 2 Summary Sheet with Advisory Board and Board Recommendations 7 LDC Section(s)Proposed Amendment Overview DSAC-LDR Subcommittee Recommendation February 1 February 29 April 13 DSAC Recommendation April 6 May 4 CCPC Recommendation April 21, May 5, May 25 Miscellaneous Amendments Origin:United States Postal Service Author: Development Review Division Section 4.05.10 (New Section) Parking for Residential Central Mail Delivery Locations (CMDL) The amendment proposes to establish minimum design standards for the placement of centralized neighborhood mail kiosks and cluster box units. Design standards include location and dimensions of parking, lighting, and access to CMDL, with exceptions for when CMDLs are located in small neighborhoods or in community facilities. Approved unanimously 2/29 with the following recommendation: Consider adding flexibility to provide no parking spaces based on location and the number of households. Recommendation was incorporated and flexibility is provided for kiosks serving a small neighborhood. No changes, approved unanimously on 4/6. Reviewed on 4/21 and approved unanimously on 5/25 with no changes. 2016 LDC Amendments –Cycle 2 Summary Sheet with Advisory Board and Board Recommendations 8 LDC Section(s)Proposed Amendment Overview DSAC-LDR Subcommittee Recommendation February 1 February 29 April 13 DSAC Recommendation April 6 May 4 CCPC Recommendation April 21, May 5, May 25 Origin:Board of County Commissioners Author: GMD Staff Section: 5.04.05 Temporary Events The amendment proposes a new provision for temporary market events, such as farmers markets, art fairs, and craft fairs, to the special events section. Approved unanimously 2/29 with the following changes: 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 2 temporary signs for Temporary Market Events. 4) Clarify the licensing requirements for vendors. These changes have all been incorporated in the current draft. No changes, approved unanimously on 4/6. Reviewed on 4/21, with the following changes: clarify process for the “termination of convenience for private property” and who is responsible to display licenses for each vendor. Staff will bring back additional corrections. The termination of convenience language was removed and license information clarified. Approved unanimously on 5/25 with a change to ensure any off-site parking is equivalent to the permitted vehicle use area for the event. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 9 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) 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 Statutes 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 LDC section 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. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 10 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 analyz e 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 o ccupy locations at Radio Road and Airport Pulling Road in Collier County and South Horseshoe Drive 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 analyz ed 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 elementary and middle schools, compatibility of schools with present and Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 11 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 addressed 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 RECOMMENDATIONS: Unanimously approved with no changes on May 4, 2016. PLANNING COMMISSION RECOMMENDATIONS:On May 5, 2016,the Planning Commission recommended the Estates Zoning District be amended to note that Educational plants and public schools are an essential service pursuant to LDC section 2.03.01 D. The change has been incorporated and the amendment was unanimously approved by 6-0 vote on May 25, 2016. 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 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: 2.03.01 Agricultural Districts1 *************2 B. Estate District (E).3 *************4 1.The following subsections identify the uses that are permissible by right and 5 the uses that are allowable as accessory or conditional uses in the estates 6 district (E).7 a.Permitted uses.8 *************9 4.Schools, public, including "Educational plants,."as an 10 essential service.11 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 12 *************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 *************7 11.Public schools without an agreement with Collier County,as 8 described in LDC section 5.05.14. Additional standards in LDC 9 section 5.05.14 shall also apply. 10 #############11 12 2.03.02 Residential Zoning District13 14 A.Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6).15 *************16 1.The following subsections identify the uses that are permissible by right and 17 the uses that are allowable as accessory or conditional uses in the 18 residential single-family districts (RSF).19 a.Permitted uses.20 *************21 3.Schools, public.This includes “Educational plants;”and public 22 schools with an agreement with Collier County,as described in 23 LDC section 5.05.14;however, any high school located in this 24 district is subject to a compatibility review as described in25 LDC section 10.02.03.26 *************27 c.Conditional uses. The following uses are permissible as conditional 28 uses in the residential single-family districts (RSF), subject to the 29 standards and procedures established in LDC section 10.08.00. 30 *************31 11.Public schools without an agreement with Collier County,as 32 described in LDC section 5.05.14.Additional standards in LDC 33 section 5.05.14 shall also apply; however, any high school 34 located in this district is subject to a compatibility review as 35 described in LDC section 10.02.03.36 *************37 B.Residential Multi-Family-6 District (RMF-6).38 *************39 1.The following subsections identify the uses that are permissible by right and 40 the uses that are allowable as accessory or conditional uses in the RMF-6 41 district.42 a.Permitted uses.43 *************44 5.Educational plants and public schools with an agreement with 45 Collier County,as described in LDC section 5.05.14; however, 46 any high school located in this district is subject to a 47 compatibility review as described in LDC section 10.02.03.48 *************49 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 13 c.Conditional uses.The following uses are permissible as conditional 1 uses in the RMF-6 district, subject to the standards and procedures 2 established in LDC section 10.08.00. 3 *************4 10.Public schools without an agreement with Collier County,as 5 described in LDC section 5.05.14. Additional standards in LDC 6 section 5.05.14 shall also apply; however, any high school 7 located in this district is subject to a compatibility review as 8 described in LDC section 10.02.03.9 10 *************11 C.Residential Multi-Family-12 District (RMF-12).12 *************13 1.The following subsections identify the uses that are permissible by right and14 the uses that are allowable as accessory or conditional uses in the 15 residential multi-family-12 district (RMF-12).16 a.Permitted uses.17 *************18 6.Educational plants and public schools with an agreement with 19 Collier County,as described in LDC section 5.05.14;however,20 any high school located in this district is subject to a 21 compatibility review as described in LDC section 10.02.03.22 *************23 c.Conditional uses.The following uses are permissible as conditional 24 uses in the residential multiple-family-12 district (RMF-12), subject to the 25 standards and procedures established in LDC section 10.08.00. 26 *************27 8.Public schools without an agreement with Collier County,as 28 described in LDC section 5.05.14. Additional standards in LDC 29 section 5.05.14 shall also apply; however,any high school located 30 in this district is subject to a compatibility review as described in 31 LDC 10.02.03.32 *************33 D.Residential Multi-Family-16 District (RMF-16).34 *************35 1.The following subsections identify the uses that are permissible by right and the 36 uses that are allowable as accessory or conditional uses in the residential 37 multi-family-16 district (RMF-16).38 a.Permitted uses.39 *************40 4.Educational plants and public schools with an agreement with 41 Collier County,as described in LDC section 5.05.14; however,42 any high school located in this district is subject to a 43 compatibility review as described in LDC section 10.02.03.44 *************45 c.Conditional uses.The following uses are permissible as conditional 46 uses in the residential multiple-family-16 district (RMF-16), subject to 47 the standards and procedures established in LDC section 10.08.00. 48 *************49 8.Public schools without an agreement with Collier County,as 50 described in LDC section 5.05.14.Additional standards in LDC 51 section 5.05.14 shall also apply; however, any high school located 52 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 14 in this district is subject to a compatibility review as described in 1 LDC section 10.02.03.2 *************3 F.Village Residential District (VR).4 *************5 1.The following subsections identify the uses that are permissible by right and the 6 uses that are allowable as accessory or conditional uses in the village 7 residential district (VR).8 a.Permitted uses.9 *************10 6.Educational plants and public schools with an agreement with 11 Collier County,as described in LDC section 5.05.14; however,12 any high school located in this district is subject to a 13 compatibility review as described in LDC section 10.02.03.14 *************15 c.Conditional uses.The following uses are permissible as conditional 16 uses in the village residential district (VR), subject to the standards and 17 procedures established in LDC section 10.08.00.18 *************19 11.Public schools without an agreement with Collier County,as 20 described in LDC section 5.05.14. Additional standards in LDC 21 section 5.05.14 shall also apply; however, any high school located 22 in this district is subject to a compatibility review as described in 23 LDC section 10.02.03.24 *************25 G.Mobile Home District (MH).26 1.The following subsections identify the uses that are permissible by right and 27 the uses that are allowable as accessory or conditional uses in the mobile28 home district (MH).29 a.Permitted uses.30 *************31 5.Educational plants and public schools with an agreement with 32 Collier County,as described in LDC section 5.05.14; however,33 any high school located in this district is subject to a 34 compatibility review as described in LDC section 10.02.03.35 *************36 c.Conditional uses.The following uses are permissible as conditional 37 uses in the mobile home district (MH), subject to the standards and 38 procedures established in LDC section 10.08.00. 39 *************40 7.Educational plants and public schools without an agreement 41 with Collier County,as described in LDC section 5.05.14. 42 Additional standards in LDC section 5.05.14 shall also apply; 43 however,any high school located in this district is subject to a 44 compatibility review as described in LDC section 10.02.03.45 #############46 47 2.03.03 Commercial Zoning Districts48 49 A.Commercial Professional and General Office District (C-1).50 *************51 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 15 1.The following uses, as identified with a number from the Standard Industrial 1 Classification Manual (1987), or as otherwise provided for within this section 2 are permissible by right, or as accessory or conditional uses within the C-1 3 commercial professional and general office district.4 a.Permitted uses.5 *************6 17.Educational plants.and public schools subject to LDC section 7 5.05.14.8 *************9 B.Commercial Convenience District (C-2).10 *************11 1.The following uses, as identified with a number from the Standard Industrial 12 Classification Manual (1987), or as otherwise provided for within this section 13 are permissible by right, or as accessory or conditional uses within the C-2 14 commercial convenience district.15 a.Permitted uses.16 *************17 25.Educational plants.and public schools subject to LDC section 18 5.05.14.19 *************20 C.Commercial Intermediate District (C-3).21 *************22 1.The following uses, as identified with a number from the Standard Industrial 23 Classification Manual (1987), or as otherwise provided for within this section 24 are permissible by right, or as accessory or conditional uses within the 25 commercial intermediate district (C-3).26 a.Permitted uses.27 *************28 31.Educational plants.and public schools subject to LDC section 29 5.05.14.30 *************31 D.General Commercial District (C-4).32 *************33 1.The following uses, as defined with a number from the Standard Industrial 34 Classification Manual (1987), or as otherwise provided for within this section 35 are permissible by right, or as accessory or conditional uses within the 36 general commercial district (C-4).37 a.Permitted uses.38 *************39 49. Educational plants.and public schools subject to LDC section 40 5.05.14.41 *************42 E.Heavy Commercial District (C-5).43 *************44 1.The following uses, as identified with a number from the Standard Industrial 45 Classification Manual (1987), or as otherwise provided for within this section 46 are permissible by right, or as accessory or conditional uses within the 47 heavy commercial district (C-5).48 a.Permitted uses.49 *************50 57.Educational plants.and public schools subject to LDC section 51 5.05.14.52 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 16 #############1 2 5.05.14 Public Schools3 4 A.Purpose and intent. This section is intended to provide for compatibility of public 5 schools in Estates, residential, and commercial zoning districts. In particular, this section 6 seeks to ensure that impacts to traffic circulation, vehicle stacking, and vehicular and 7 pedestrian access to the site are reviewed by the County and impacts are mitigated. All 8 applications for public schools submitted as of [effective date of Ord.] shall be 9 considered in the manner described by this section. 10 B.All public schools shall meet the standards in LDC sections 5.05.14 C, D, and E below,11 unless an agreement is established between the operator of the public school and the 12 Board of Collier County Commissioners that addresses, at a minimum, the issues 13 established in F.S. §§ 163.31777 and 1013.33.14 C. Requirements where no agreement is established between the operator of the public 15 school and the Board of County Commissioners: 16 1.Public schools located within the Estates or residential zoning districts shall be17 subject to conditional use approval and this section.18 2.Public schools located within a commercial zoning district that construct a new 19 building(s)or occupy an existing building(s), or there is an expansion to the 20 school which results in greater than a 5 percent increase in student capacity shall21 comply with this section.22 D.Traffic circulation standards for all application types:23 1.Vehicles trips dedicated to the public school shall not queue or have an impact 24 on existing through-lanes on the adjacent roadways and shall be addressed in 25 accordance with TIS guidelines and procedures.26 2.Pedestrian access shall be provided from the public school to external 27 pathways. 28 E.Application requirements. 29 1.A SDP, SDPA, SDPI,or a SIP shall be submitted pursuant to LDC section 30 10.02.03 and shall demonstrate the following:31 a.The location of all drop-off and pick-up and sites, such as those for 32 vehicles and buses.33 b.The location of on-site stacking lanes that serve drop-off and pick-up 34 sites. 35 c.The location of new or existing turn lanes.36 d.The location of all internal pedestrian connections and the location of 37 pedestrian access points to exterior pathways. 38 e.Any additional information requested by the County Manager or designee39 regarding traffic impacts.40 2.A TIS, in accordance with the TIS guidelines and procedures, shall demonstrate 41 the following:42 a.The trip distribution percentages and number of trips, and trip 43 assignments of where vehicles and buses will enter and exit the site.44 b.Any additional information requested by the County Manager or designee45 regarding traffic impacts.46 F.Educational facilities, as defined in LDC section 1.08.02,shall be exempt from this 47 section. 48 49 #############50 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 17 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 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 2.03.07 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. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 18 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, the ILRAB reconsidered their initial LDC amendment application and unanimously voted on November 18, 2015, to instead seek relief from the prohibited 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 Properties Fronting Streets Current Permitted Current Prohibited Current Conditional Main Street in between First Street and Ninth Street (Dotted Area) No Change North First Street (Shaded Area) No Change To Become Conditional Uses No ChangeSouth First Street (Shaded Area) North Ninth Street (Shaded Area) Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 19 Underlying Zoning Districts per 2.03.07 G. No Change Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 20 Figure 1 Not To Be Codified South First Street North First StreetNorth Ninth Street Main Street First to Ninth Street Key: No Change to Uses Prohibited Uses to Conditional Uses Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 21 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 7903S (see illustrations below). 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). Old Boundary Hatched Properties Current Boundary Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 22 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 Main Street Overlay Subdistrict” where it is not necessary since the section in its entirety pertains to the Main Street Overlay Subdistrict.This change has been incorporated in the current draft. DSAC RECOMMENDATIONS:Approved unanimously with no changes on May 4, 2016. PLANNING COMMISSION RECOMMENDATIONS:The amendment was reviewed on April 21, 2016, and May 25, 2016. During the May 25, 2016, public hearing, an existing gas station owner requested that prohibited gas stations be a permitted use on Main Street. The Planning Commission directed the owner to meet with Planning and Zoning staff to determine if the proposed expansion to the convenience store without any increase to fuel pumps can be processed as a SDPI. The amendment was approved unanimously with no changes on May 25, 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 5/26/16 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts1 *************2 G.Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District 3 with distinct subdistricts for the purpose of establishing development criteria suitable 4 for the unique land use needs of the Immokalee Community. The boundaries of the 5 Immokalee Urban Overlay District are delineated on the maps below. 6 *************7 5.Main Street; Overlay Subdistrict.Special conditions for the properties 8 identified in the Immokalee Area Master Plan; referenced on Map 7; and 9 further identified by the designation "MSOSD" on the applicable official Collier 10 County Zoning Atlas Maps. The purpose of this designation is to encourage 11 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 23 development and redevelopment by enhancing and beautifying the downtown 1 Main Street area through flexible design and development standards. 2 a.Permitted uses. For all properties within the Main Street Overlay 3 Subdistrict, except for properties hatched as indicated on Map 7, the 4 Main Street Overlay Subdistrict, all permitted uses within the uses 5 within the underlying zoning districts contained within this Subdistrict, 6 and the following uses may be permitted as of right in this Subdistrict: 7 1.Hotel and motels (7011)8 2.Communication towers, as defined in section 5.05.09, subject to 9 the following: 10 i.Such tower is an essential service use as defined by 11 subsection 2.01.03 A.4; and 12 ii.Such tower may not exceed a height of 75 feet above 13 grade including any antennas attached thereto. 14 b.Permitted uses. For hatched properties within the Main Street Overlay 15 Subdistrict, all permitted uses within the underlying zoning districts 16 contained within this Subdistrict, and the following uses are permitted 17 as of right in this Subdistrict: 18 1.All uses allowed in the Commercial Professional District (C-1), 19 of this Code, except for group 7521. 20 2.Communication towers, as defined in section 5.05.09 subject to 21 the following: 22 i.Such tower is an essential service use as defined by 23 subsection 2.01.03 A.4; and 24 ii.Such tower may not exceed a height of 75 feet above 25 grade including any antennas attached thereto. 26 c.Prohibited uses. All uses prohibited within the underlying residential 27 and commercial zoning districts contained within this Subdistrict, and 28 the following uses, shall be prohibited on properties with frontage on 29 Main Street in between First Street and Ninth Street in the Main 30 Street Overlay Subdistrict:31 1.Automobile parking (7521) on all properties having frontage on 32 Main Street, North First Street, South First Street and North 9th33 Street within the Main Street Overlay Subdistrict. 34 2.Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 35 5571, 5599) on all properties having frontage on Main Street, 36 North First Street, South First Street and North 9th Street within 37 the Main Street Overlay Subdistrict. 38 3.Facility with fuel pumps.Gasoline service stations (5541) on 39 all properties having frontage on Main Street and gasoline 40 service stations (5541 with services and repairs as described in 41 section-5.05.05) are on all properties having frontage on North 42 First Street and South First Street within the Main Street 43 Overlay Subdistrict.44 4.Primary uses such as convenience stores and grocery stores 45 are prohibited from servicing and repairing vehicles in 46 conjunction with the sale of gasoline.,on all properties having 47 frontage on Main Street, North First Street, South First Street 48 and North 9th Street within the Main Street Overlay Subdistrict.49 5.Automotive repair, services, parking (7514, 7515, 7521) and 50 carwashes (7542) on all properties having frontage on Main 51 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 24 Street, North First Street, South First Street and North 9th Street 1 within the Main Street Overlay Subdistrict. 2 6.Radio and television repair shops (7622 automotive) is 3 prohibited on all properties having frontage on Main Street, 4 North First Street, South First Street and North 9th Street within 5 the Main Street Overlay Subdistrict. 6 7.Outdoor storage yards and outdoor storage are prohibited 7 within any front, side or rear yard on all properties within the 8 Main Street Overlay Subdistrict. 9 8.Drive-through areas shall be prohibited on all properties having 10 frontage on Main Street, North First Street, South First Street 11 and North 9th Street within the Main Street Overlay Subdistrict. 12 9.Warehousing (4225).13 10.Communication towers, as defined in section 5.05.09 of this 14 Code, except as otherwise permitted in this Subdistrict. 15 11.Any other heavy commercial use which is comparable in nature 16 with the forgoing uses and is deemed inconsistent with the 17 intent of this Subdistrict shall be prohibited. 18 d.Accessory uses.19 1.Uses and structures that are accessory and incidental to the 20 permitted uses as of right in the underlying zoning districts 21 contained within this subdistrict and are not otherwise prohibited 22 by this subdistrict. 23 2.Communication towers, as defined in section 5.05.09 subject to 24 the following: 25 i.Such tower is an essential service use as defined by 26 subsection 2.01.03 A.4.; and 27 ii.Such tower may not exceed a height of 75 feet above 28 grade including any antennas afttached thereto. 29 e.Conditional uses.30 1.Conditional uses of the underlying zoning districts contained 31 within the subdistrict, subject to the standards and procedures 32 established in section 10.08.00 and as set forth below: 33 i.Local and suburban passenger transportation (4131, 34 4173) located upon commercially zoned properties 35 within the Main Street Overlay Subdistrict. 36 ii.Communication towers, as defined in section 5.05.09 of 37 this Code for essential service uses as defined by 38 subsection 2.01.03 A.4 that exceed a height of 75 feet 39 above grade including any antennas attached thereto.40 iii.The following conditional uses may be permitted only 41 on properties with frontage on North First Street, South 42 First Street, and North Ninth Street within the Main 43 Street Overlay Subdistrict:44 a.Automobile parking (7521).45 b.Automotive dealers (5511, 5521, 5531 46 installation, 5551, 5561, 5571, 5599). 47 c.Facility with fuel pumps.48 d.Automotive repair, services, parking (7514, 7515, 49 7521) and carwashes (7542).50 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 25 e.Radio and television repair shops (7622 1 automotive).2 f.Outdoor storage yards and outdoor storage.3 g.Drive-through areas.4 h.Warehousing (4225).5 i.Communication towers, as defined in LDC 6 section 5.05.09, except as otherwise permitted in 7 this Subdistrict. 8 j.Any other heavy commercial use which is 9 comparable in nature with the forgoing uses and 10 is deem consistent with the intent of this 11 Subdistrict.12 f.Special requirements for outdoor display and sale of merchandise.13 i.Outdoor display and sale of merchandise, within the front and 14 side yards on improved properties, are permitted subject to the 15 following provisions: 16 a)The outdoor display/sale of merchandise is limited to the 17 sale of comparable merchandise sold on the premises 18 and is indicated on the proprietors' occupational license. 19 b)The outdoor display/sale of merchandise is permitted on 20 improved commercially zoned properties and is subject 21 to the submission of a site development plan that 22 demonstrates that provisions will be made to adequately 23 address the following: 24 i)Vehicular and pedestrian traffic safety measures.25 ii)Location of sale/display of merchandise in 26 relation to parking areas.27 iii)Fire protection measures.28 iv)Limited hours of operation from dawn until dusk.29 ii.Outdoor display and sale of merchandise within the sidewalk30 area only shall be permitted in conjunction with "Main Street" 31 approved vendor carts, provided the applicant submits a site 32 development plan which demonstrates that provisions will be 33 made to adequately address the following: 34 a)Location of sale/display of merchandise in relation to 35 road rights-of-way; 36 b)Vendor carts are located on sidewalks that afford the 37 applicant a five (5) foot clearance for non-obstructed 38 pedestrian traffic; and 39 c)Limited hours of operation from dawn until dusk.40 41 #############42 43 44 45 46 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 26 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 27 Map 7 -Main Street Overlay Subdistrict ############ **Revised image** Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 28 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 u se 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 vegetation protection and soil erosion control plan. Pursuant to LDC section 3.05.04 A, Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 29 “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, right-of-ways 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: North Collier Regional Park Falcon Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 30 North Collier Regional Park Falcon Ridge -Heritage Way Text underlined is new text to be added. Text strikethrough is current text to be deleted. text indicates a defined term Horse Creek Estates DSAC-LDR RECOMMENDATIONS: with no changes on February 29, 2016. DSAC RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016. PLANNING COMMISSION RECOMMENDATIONS: unanimously approved by 6 -0 vote on May 25, 2016, with no changes. FISCAL & OPERATIONAL IMPACTS: 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: OTHER NOTES/VERSION DATE: Amend the LDC as follows: 3.05.04 -Vegetation Removal and Protection Standards1 ******2 G.Protective barriers shall be installed and maintained for the period of time beginning 3 with the commencement of any phase of land clearing or 4 ending with the completion of that phase of the construction work on the site, unless 5 otherwise approved to be removed by the County Manger or designee. All protective 6 barriers shall be installed pursuant to 7 Protection Manual for Builders and Developers, Division of Forestry, State of Florida8 or other methods approved by the County Manager or designee. 9 shall be installed pursuant to the Tree Protection Manual for Builders and Developers, 10 Division of Forestry, State of Florida or other methods approved by the County 11 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 31 Horse Creek Estates LDR RECOMMENDATIONS:The Subcommittee approved the proposed amendment with no changes on February 29, 2016. Unanimously approved with no changes on April 6, 2016. PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016, and 0 vote on May 25, 2016, with no changes. FISCAL & OPERATIONAL IMPACTS: None. Preserve signs are already required by the RELATED CODES OR REGULATIONS: 6.05 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 Vegetation Removal and Protection Standards ******* Protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations, and ending with the completion of that phase of the construction work on the site, unless erwise approved to be removed by the County Manger or designee. All protective barriers shall be installed pursuant to LDC sections 3.05.04 and 4.06.05 E.the Tree Protection Manual for Builders and Developers, Division of Forestry, State of Florida er methods approved by the County Manager or designee. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, Division of Forestry, State of Florida or other methods approved by the County Text underlined is new text to be added. Text strikethrough is current text to be deleted. text indicates a defined term The Subcommittee approved the proposed amendment Unanimously approved with no changes on April 6, 2016. Reviewed on April 21, 2016, and . Preserve signs are already required by the * Protective barriers shall be installed and maintained for the period of time beginning operations, and ending with the completion of that phase of the construction work on the site, unless erwise approved to be removed by the County Manger or designee. All protective the Tree Protection Manual for Builders and Developers, Division of Forestry, State of Florida All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 32 Manager or designee. Signage shall be placed around the preserve areas to identify 1 and protect the preserve during construction. The boundary of the Preserve shall be 2 posted with appropriate signage denoting the area as a Preserve.Sign(s) should note 3 that the posted area is a protected area. The signs shall be no closer than ten feet 4 from residential property lines; be limited to a maximum height of four feet and a 5 maximum size of two square feet; and otherwise comply with section 5.06.00. 6 Maximum sign spacing shall be 300 feet.7 H.Signage shall be placed around the preserve to identify and protect the preserve in 8 accordance with the following standards: 9 a.Signs identifying preserves shall be posted prior to preliminary acceptance for 10 each phase of Final Subdivision Plat (PPL)pursuant to LDC section 10.02.04,11 or first certificate of occupancy for Site Development Plans,Site Improvement12 Plans and amendments thereof pursuant to LDC section 10.02.03,whichever13 is applicable.14 b.Signs identifying preserves shall be placed at the boundary of the preserve, 15 except where a preserve abuts another preserve.16 c.There shall be at least one preserve sign posted every 300 feet, with a 17 minimum of two signs per preserve. However, where a preserve abuts a lake 18 maintenance easement, there shall be at least one preserve sign posted 19 every 1,000 feet, with a minimum of one sign per lake. 20 d. Signs identifying preserves shall be a maximum height of four feet and a 21 maximum size of two square feet and otherwise comply with LDC section 22 5.06.00. Lettering for signs shall be a minimum of two inches in height and the 23 sign copy shall be clearly legible from the edge of preserve as determined by 24 the County Manager or designee. 25 HI.The applicant for a vegetation removal permit shall, at the time of application, 26 designate representative(s), who shall be responsible for the installation and the 27 maintenance of all tree protection barriers, and for supervising the removal of all 28 existing vegetation permitted to be removed or altered. 29 #############30 31 3.05.07 -Preservation Standards32 *************33 H.Preserve standards.34 *************35 1.Design standards.36 *************37 g.Preserve management plans. Criteria i, ii, vii and viii below are 38 required for all preserves whether a management plan for the preserve 39 is required or not. Preserve Management Plans shall be required for all 40 properties with 5 acres or more of preserve or where listed species are 41 utilizing the preserve or where the preserve contains habitat which 42 requires management for fire (such as Pine Flatwoods, Palmetto 43 Prairie or Scrub). The Preserve Management Plan shall identify 44 actions that must be taken to ensure that the preserved areas will 45 maintain natural diversity and function as proposed. A Preserve 46 Management Plan shall include the following elements: 47 *************48 vii.Protection During Construction and Signage After Construction. 49 The Preserve Management Plan shall address protective 50 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 33 measures during construction and signage during and after 1 construction that are consistent with LDC section 3.05.04. 2 #############3 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 34 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 is no additional environmental data needed, ·There are no new accessory structures that generate additional traffic, ·The change does not trigger the architectural and site design standards in LDC section 5.05.08, 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 a SDPA process. However, since that time numerous applications which only impact the architectural design have been reviewed, such as façade 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. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 35 When a 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. 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. PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016 and unanimously approved by 6-0 vote on May 25, 2016 with no changes. 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: 10.02.03 Requirements for Site Development, Site Improvement Plans and Am endments 1 thereof2 ************3 G.Amendments and insubstantial changes.Any proposed change or amendment to a 4 previously approved site development plan shall be subject to review and approval by 5 the County Manager or designee. Upon submittal of a plan clearly illustrating the 6 proposed change, the County Manager or designee shall determine whether or not it 7 constitutes a substantial change. In the event the County Manager or designee 8 determines the change is substantial, the applicant shall be required to follow the 9 review procedures set forth for a new site development plan. 10 1.Site development plan amendments (SDPA). A substantial change, requiring a 11 site development plan amendment, shall be defined as any change which 12 substantially affects existing transportation circulation, parking or building13 arrangements, drainage, landscaping, buffering, identified 14 preservation/conservation areas and other site development plan15 considerations. 16 2.Site development plan insubstantial changes (SDPI). The County Manager or 17 designee shall evaluate the proposed change in relation to the following criteria; 18 for purposes of this section, the insubstantial change procedure shall be 19 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 36 acceptable where the following conditions exist with respect to the proposed 1 change: 2 a.There is no South Florida W ater Management District permit, or letter of 3 modification, needed for the work and there is no major impact on water 4 management as determined by the Engineering Services Director. 5 b.There is no new access proposed from any public street, however 6 minimal right-of-way work may be permitted as determined by the 7 Transportation Planning Director. 8 c.There is no addition to existing buildings (air-conditioned space) 9 proposed, however a maximum area of 300 square feet of non-air-10 conditioned space used for storage, or to house equipment, will be 11 permitted. 12 d.There is no proposed change in building footprint or relocation of any 13 building on site beyond that needed to accommodate storage areas as 14 described in LDC section 10.02.03 G.2.c, above. 15 e.The change does not result in an impact on, or reconfiguration of, 16 preserve areas as determined by the Natural Resource Director. 17 f.The change does not result in a need for additional environmental data 18 regarding protected species as determined by the Natural Resources 19 Director. 20 g.The change does not include the addition of any accessory structure21 that generates additional traffic as determined by the Transportation 22 Planning Director, impacts water management as determined by the 23 Engineering Services Director, or contains air-conditioned space. 24 h.The change does not trigger the requirements of LDC section 5.05.08 as 25 determined by the County Manager or designee.26 ih.There are no revisions to the existing landscape plan that alter or impact 27 the site development plan (as opposed to only the landscape plan) as 28 determined by the landscape architect. 29 #############30 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 37 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 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. This process will apply to properties where mobile homes were previously allowed or are currently allowed by t he LDC. The new application, described as an “existing conditions site improvement plan” will provide property o wners 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. Figure 1 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 38 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 which 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 the site by 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 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 39 (4) Water supplies for fire protection personnel (5) Fire alarms (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 o wners 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 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 (new title). 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 Collier County Growth Management Department Development Services Fee Schedule for the existing conditions site improvement plan application. 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). Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 40 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 existing LDC standards and procedures established by LDC section 2.03.07, 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 o wners 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 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 41 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 property owners from increasing rental fees 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 on May 4, 2016 with no changes. PLANNING COMMISSION RECOMMENDATIONS: The amendment was reviewed on May 5, and May 25, 2016 during a special nighttime hearing. During the May 25, 2016 public hearing the following is a summary of comments that were relayed to the Planning Commission. Please see the full minutes for a complete record of the discussion. Ms. Carrie Williams –Mobile Home Park Owner ·Staff read into the record the summary of Ms. Carrie Williams’ comments which were provided over the phone prior to the meeting. ·Ms. Williams supports the ability to replace mobile home units, however, does not support this amendment applying to more than the mobile home parks. Ms. Williams supports a timeframe for completing the process. See Attachment 2 for the full summary of Ms. Williams’ comments. Mr. Max Griffin –Mobile Home Park Owner ·Mr. Griffin supports the amendment as it enables mobile home park owners to replace units according to updated standards. ·He also stated that anything that increases the supply of mobile home units will decrease the price of units. Less supply the higher the prices will be. Immokalee Community Redevelopment Agency (CRA) Ms. Christie Betancourt –CRA Staff liaison Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 42 ·Presented the LDC Amendment to the Immokalee CRA advisory boards for informational purposes and advised them to come to the CCPC meeting if they had concerns. ·Ms. Betancourt stated that the CRA and Immokalee community support the creation of a program to upgrade mobile homes and the 1993 amendment process. ·Some of the park owners don’t own the mobile home units, and some of the units are very dilapidated and are not used or livable. This is a concern for the community. ·Supports a program to replace mobile home units to enable mobile home park owners to improve their properties; however, supports a process to upgrade the dilapidated units as well. ·This amendment will not help residents if the owner refuses to make upgrades and the amendment should address the need for an initiative to remove deteriorated units. ·She also stated that she attends a monthly community task force which has found that there are many mobile homes that are not in mobile home parks but which have serious issues that need to be resolved as well. Ms. Andrea Hallman –Immokalee resident, CRA board member, and MSTU member ·The CRA and MSTU want to improve the appearance of the community but have had difficulty because they are unable to require any improvements. She noted trailers are closer than before and the proposed program is a voluntary program. ·Ms. Hallman is concerned about density provisions since some mobile homes are very close together. ·She is concerned the community did not receive enough time to review the amendment and wanted non mobile home park citizens the opportunity to participate as well. ·She stated the amendment is an improvement over existing conditions. Ms. Michelle Arnold –Public Transit and Neighborhood Enhancement Division Director, Collier County ·The amendment should retain those standards needed to improve the community. ·Intent of the CRA within Immokalee and the MSTU is to improve the Immokalee area. Wants to make sure that modifications to LDC amendment are doing that. Allowing owners to replace with like or better is a good thing, but needed clarification on how they get there. Are they required to get a site improvement plan or another method? ·Wants to relax some of the standards but doesn’t want to get rid of the standards because some of those components are needed to improve the area in the long- term. We may need to come back to those things in the future. ·This process won’t help in the case where the owner can’t afford to make improvements. Mr. Robert Davenport –Mobile Home Park Owner ·Mr. Davenport noted park owners cannot inspect inside units. While some units do not look good, they are inspected regularly for functional issues such as water leaks. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 43 ·If mobile home park owners want to replace units, the existing requirements would put mobile home parks out of business and displace families and individual residents. ·After working with staff for more than 7 years, he supports the amendment as written as it could result in a big change by allowing owners to replace units over time. Mr. Steven Kirk –President of Rural Neighborhoods ·Mr. Kirk stated a 1-for-1 replacement of units is positive but the rest of the amendment does not go far enough for an affordable housing strategy at rent levels from $600 to $1,000 per month or for modest improvements to the park. ·Stated concern over density provisions and allowing for greater density than a new mobile home park approved under the current LDC. ·He noted the amendment is an improvement over what is currently in place, however it does not go far enough to improve the aesthetics and community appearance. Park owners will be the chief beneficiaries as they will be able to sell their park as a conforming use when previously it was a non-conforming use. ·He stated that by filing only a fire separation plan, the operator can then become conforming without ever improving any units. ·He would like to see a modest investment in the community by requiring dumpsters and dust free streets for a park to become a conforming use and that they should not be granted additional density without making some additional improvements to benefit the community. He stated he could support the amendment if this change were made. Staff responded to public comments by noting that the amendment does not add density to a site, rather it allows for the density that has existed in the past that can meet the proposed setbacks or a site can be built to the maximum allowable density by the zoning district. Following public comments, the Planning Commission noted that various stakeholders have been working on this issue for a number of years and while the amendment does not solve all problems, it is a good start and it can be improved overtime if it does not accomplish all of the community’s goals. On May 25, 2016, the amendment was unanimously approved by 6-0 vote without any changes. FISCAL & OPERATIONAL IMPACTS:There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS:None. GROWTH MANAGEMENT PLAN IMPACT:None. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 2.03.07 Overlay Zoning District 1 *************2 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 44 G.Immokalee Urban Overlay District. 1 *************2 6.Nonconforming Mobile Home Site Park Overlay Subdistrict.Establishment of 3 special conditions for these properties which by virtue of actions preceding the 4 adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be 5 nonconforming as a result of inconsistencies with the Land Development Code, 6 and are located within the Immokalee Urban Boundary as depicted on the 7 Immokalee Area Master Plan. 8 a.Purpose and intent. The purpose of these provisions is to recognize that 9 there are nonconforming mobile homes on properties parks in the 10 Immokalee Urban Area and to establish a process to provide property 11 owners an official record acknowledging the permitted use of the property 12 and render existing mobile homes, and other structures, as lawful. to 13 provide incentives to upgrade these parks while requiring the elimination 14 of substandard units, and to allow park owners to take advantage of 15 alternative development standards in order to cause some upgrading of 16 conditions that would normally be required of conforming mobile home 17 parks. Travel trailers, regardless of the square footage, are not permitted 18 as a permanent habitable structure.Travel trailers, regardless of the 19 square footage, are not permitted as a permanent habitable structure 20 and may not seek relief under this section. Properties that cannot meet 21 the requirements may pursue an agreement with the Board of County 22 Commissioners to establish compliance with this LDC section 2.03.07 23 G.6.24 b.Application requirements. Property owners shall file an application as 25 provided for in the Administrative Code, Chapter 4, Section I.3.a –26 Immokalee Nonconforming Mobile Home Sites -Existing Conditions Site 27 Improvement Plan and shall only be subject to the criteria, requirements, 28 and process expressly stated in the Administrative Code and this LDC 29 section. 30 c.Criteria for review. The following criteria shall apply to the existing 31 conditions site improvement plan approval process and shall be reviewed 32 by the County Manager or designee.33 i.Minimum separation requirements shall be consistent with State 34 Fire Marshal Rule 69A-42.0041 Fire Separation Requirements.35 ii.The District Fire Official shall provide written confirmation that 36 either an existing fire hydrant or a supplemental apparatus, 37 provided by the Fire District, is adequate for fire protection.38 iii.National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1 39 through 6.1.2). 40 d.Density. Once the existing conditions site improvement plan is approved, 41 owners may replace mobile home units with an approved building permit 42 at sites shown on the site plan. Replacement units may be larger than the 43 removed unit, so long as the minimum separation standards established 44 in LDC section 2.03.06 G.6.c.i are met. 45 i.Where properties currently exceed the density allowed for by the 46 zoning district, the approved existing conditions site improvement 47 plan shall establish the maximum density on the property which 48 shall not exceed the density of the property as depicted on the 49 Property Appraiser aerial maps dated before February 2016. All 50 lots and units shall be consistent with the approved existing 51 conditions site improvement plan. 52 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 45 ii.Where the zoning district allows for additional density, new mobile 1 home units may be added and shall be identified on the site plan. 2 New mobile homes shall be subject to the dimensional standards 3 established in LDC section 4.02.33. 4 b.Required site improvement plan application. The property owners of all 5 nonconforming mobile home developments/parks that were in existence 6 before November 13, 1991, i.e., that predate Ordinance No. 91-102, the 7 land development code, shall be required to submit a site improvement 8 plan (SIP) meeting the standards set forth below by January 9, 2003 or 9 thereafter within the time frame set forth in an order of the Code 10 Enforcement Board finding a violation of this section, or by the date set 11 forth in a Compliance or Settlement Agreement entered into between 12 Collier County and a property owner acknowledging such a violation and 13 also establishing the date by which such violation will be cured through 14 the SIP submittal process set forth below.15 c.The site improvement plan (SIP) master plan shall illustrate the way 16 existing buildings are laid out and the infrastructure (i.e. utilities, streets, 17 drainage, landscaping, parking and the like) to serve those buildings. The 18 number and location of buildings shall be reviewed for consistency with 19 Code requirements (i.e. setbacks, space between buildings, density, and 20 the like). Similarly, the SIP shall serve to provide a basis for obtaining 21 approval of required infrastructure improvements such as those 22 referenced herein. The approved SIP showing all of the above shall 23 become the official record acknowledging the legal use of the property. 24 Failure to initiate this process within the time frames set forth above, will 25 result in a Code violation in which the property owner will be required to 26 immediately remove all mobile homes which have not received a building 27 permit and all mobile homes deemed to be unsafe and unfit for human 28 habitation, and otherwise contrary to the county's housing code unless 29 otherwise prohibited by state law.30 d.For the specific requirements concerning the SIP submission referenced 31 in b. and c. above, see Section 10.02.05 F. of this Code.32 33 #############34 35 4.02.33 -Specific Design Standards for New Mobile Home Lots in the Immokalee Urban 36 Overlay —Mobile Home Park Overlay Subdistrict37 38 The purpose of this section is to provide relief from the dimensional standards established in 39 LDC section 4.02.01 for new mobile home lots approved through an existing conditions site 40 improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay 41 Subdistrict, as established in LDC section 2.03.07 G.6. This section shall not apply to the 42 replacement of mobile home units identified on lots established by an existing conditions site 43 improvement plan.44 45 A.Dimensional standards.46 47 Table 15. Dimensional standards for the Nonconforming Mobile Home Site Park Overlay 48 Subdistrict 49 50 Design Standard Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 46 Minimum lot requirements Single-wide units Double-wide units 2,400 square feet 3,500 square feet Minimum lot width Single-wide units Double wide units 35 feet 45 feet Minimum setback requirements Interior roads Front yard Side yard Rear yard Public road frontages 10 feet 5 feet 8 feet 20 feet Minimum space separation between structures for cluster development or zero lot line development 10 feet Minimum floor area for replacement units 320 square feet 1 B.Where a public water line is available, a hydrant will be required to serve the park. 2 Should water line pressure be inadequate, arrangements shall be made to seek 3 approval of the Immokalee Fire Department to confirm that supplemental fire apparatus 4 is adequate for fire protection. 5 CB.A dumpster or enclosure for individual containers is required in accordance with section 6 5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15) feet from any 7 public street. 8 DC.Private roads leading to and serving the mobile home park or mobile home lots must 9 be improved and maintained, and shall consist of a dust free surface with a minimum 10 width of twenty (20) feet. The dust free surface may consist of aggregate material 11 treated with oil-based material that will bind the aggregate material into a form of 12 macadam road finish. A drainage ditch capable of storing the first one inch of rainfall 13 shall be incorporated into the right-of-way design-cross section, exclusive of the 14 required twenty (20) feet. Drainage shall be directed to a public road via the private road 15 and/or easement conveyance, unless it can be proved that the on-site percolation rates 16 exceed the on-site retention requirement. 17 #############18 19 10.02.05 -Construction, Approval, and Acceptance of Required Improvements 20 *************21 F.SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict. 22 1.Pre-application meeting requirements. Prior to making an application to submit 23 an SIP, the property owner and/or agent is required to have a pre-application 24 meeting with Collier County planning staff. Coordinating this process will be the 25 responsibility of the assigned planner who will establish a date for the meeting 26 and will advise other review staff to attend the meeting. The owner of the 27 property or agent representing the owner shall bring to the meeting a survey plot 28 plan showing the location of all buildings and structures, and preferably a draft 29 plan showing the proposed layout of buildings and infrastructure improvements. 30 The applicant shall consult with the Immokalee Fire Department and the 31 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 47 Immokalee Sewer and Water District prior to the pre-application meeting. Within 1 90 days after the pre-application meeting, the owner/agent shall submit the SIP 2 application and supporting documents. Failure to submit a formal SIP shall cause 3 a citation to be issued to the property which may culminate in the requirement to 4 remove all buildings and structures as provided above unless otherwise 5 prohibited by state law. 6 2.SIP submission requirements, preparation standards and notes.7 a.An application for an SIP on a form prepared by Collier County shall be 8 signed by the owner or agent of the property owner in the form of an 9 affidavit as indicated on the application form. 10 b.A survey plan showing all buildings and structures, their uses and the 11 actual size of the structures. 12 c.A site improvement plan showing the proposed location of all buildings, 13 and all required infrastructure, drawn to scale on a 24" x 36" sheet(s) 14 illustrating the following information: 15 i.Park name, address and phone number of agent preparing the 16 plan and address and phone number of the property owner. 17 ii.Folio number(s) of property and total site area.18 iii.Zoning designation and land use on subject and adjacent 19 property. 20 iv.North arrow, scale and date.21 v.Landscaping, proposed and existing.22 vi.Parking spaces.23 vii.Setbacks and space between building measurements. 24 viii.Location and arrangement of ingress/egress points.25 ix.Type of surface of all access roadways leading to the park and 26 within the park. 27 x.Location of all structures in the park (units, office, accessory 28 building, etc.) 29 xi.Location of dumpster or trash container enclosure.30 xii.Location and height of walls and/or fences.31 xiii.Where applicable, dimensions of lots, width of internal streets and 32 design cross-section of streets and drainage improvements. 33 d.Plans do not have to be signed and sealed by a professional engineer, 34 however, plans must be prepared by a person having knowledge of 35 drafting skills and basic engineering construction standards which may 36 include a paraprofessional associated with a professional engineering, 37 architectural, landscape architectural firm or licensed contractor. 38 e.Prior to approval of the SIP the county building inspector will identify all 39 mobile homes not meeting minimum housing code standards and 40 minimum floor area requirements for mobile homes as defined in this 41 Code. Those mobile home units that cannot be rehabilitated shall be 42 removed within 12 months of the approval of the SIP unless prohibited by 43 law and shall be so indicated on the SIP. 44 f.Mobile home units meeting the housing code and as defined in this Code 45 may replace the units removed, provided the replacement units do not 46 exceed the maximum number of units allowed on the original SIP. 47 g.The number of units approved on the SIP will be allowed to remain, 48 except for those identified substandard units which must be removed in 49 accordance with the timeframes referred to in section 10.02.05 F.2.e. 50 above, so long as the requirements of the approved SIP are implemented 51 and a building permit has been obtained for each unit. 52 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 48 h.A right-of-way permit shall be required, subject to subsection 10.02.03 1 B.1.j. 2 3.Landscaping: Landscape improvements shall be shown on the SIP, either 3 separately or collectively on the same sheet as the site plan. Existing trees may 4 be credited pursuant to section 4.06.04 D. of this Code. 5 a.The plan shall be prepared by a landscape architect, landscape designer 6 or landscape contractor or paraprofessional associated with such a firm 7 and having knowledge of Florida plant material and planting 8 requirements. Landscape plans do not need to be signed and sealed 9 when prepared by a licensed landscape architect. 10 b.Landscaping requirements are as follows: 11 i.A ten-foot wide landscape buffer, with 1 single hedgerow and 12 trees spaced 30 feet on center along property lines abutting a 13 right-of-way. 14 ii.Trees spaced 50 feet on center along internal boundary lines.15 iii.Permitted trees include live oak, sycamore, red maple, and sweet 16 gum. Under electrical transmission lines, simpson stopper, 17 magnolia, east Palatka holly, and dahoon holly trees are 18 permitted. 19 iv.Fixed irrigation systems which shall include 2 irrigation bubblers 20 per tree.21 4.Implementation time frame: The site improvement plan shall be implemented and 22 park improvements shall be made in accordance with the following timeline 23 commencing from the date of SIP approval. 24 Number of units/project Length of time 10 or less 18 months 11 to 25 30 months 26 to 50 42 months more than 50 54 months 25 a.Projects approved with an implementation timeline in excess of 18 26 months must be completed as a phased development as identified below. 27 Project Implementation Timeline # of Phases Phase Timelines 18 months 1 18 months 30 months 2 18 months—First Phase 30 months—Second Phase 42 months 3 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months 4 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months—Fourth Phase 28 b.Building permits must be obtained for each unit when relocated and 29 replaced within an approved park, otherwise the code enforcement action 30 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 49 will proceed except as otherwise provided pursuant to section 10.02.05 1 F.2.e. 2 #############3 Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures 50 I.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 Contents and Site Plan Requirements Submittal Credentials:The existing conditions site plan is not required to be signed and sealed by a professional engineer or prepared by a professional surveyor or 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. Attachment 1 Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures 51 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 Processing The Planning &Zoning Department will review the application for completeness. After 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 Requirements After the existing conditions site improvement plan has been approved by the County 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 Attachment 1 52 Public Comments Regarding LDC Amendment 2.03.07 Nonconforming Mobile Home parks, 4.02.33 Specific Design Standards for Immokalee – Mobile Home Park Overlay Subdistrict, and 10.02.05 Construction, Approval, and Acceptance of Required Improvements Name: Carrie Williams Affiliation: Mobile Home Park Owner The following is a summary of Ms. William’s comments provided by phone on May 24, 2016: ·Supports mobile homes as an affordable housing option. ·Supports the ability for mobile home owners to be able to replace units. ·Wants to make it clear that this will impact all nonconforming mobile homes in Immokalee, including those outside of parks. Does not support the relief provided to the nonconforming mobile homes outside of the parks and that this will have a major impact on the community. This issue needs more time in order to vet it with the community. ·Does not agree that relief should be provided to park owners who recently purchased a nonconforming mobile home park. ·Supports timeframe for completing the process. ·Supports the 1993 plan process/concept to remove older mobile home units. ·Has concerns that park owners don’t have a process to help mobile home owners replace their units. Notes there are some health, safety, welfare issues with the older mobile homes that are owned by non-park owners. Attachment 2 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 53 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.1.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. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 54 ·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 1.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. PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016, and unanimously approved by 6-0 on May 25, 2016 without changes. 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, 5/26/16 Amend the LDC as follows: 1.08.02 Definitions1 *************2 Construction sign:A sign erected at a building site that displays the name of the project 3 and identifies the owner, architect, engineer, general contractor, financial institutions or other 4 firms involved with the design or construction of the project.5 *************6 Ground sign:A sign, 8 ft. in height or lower which is independent of support from any 7 building, that is mounted on freestanding poles or other supports, and shall include a pole cover 8 that is between 50 percent and 100 percent of the overall sign width.9 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 55 *************1 Pennant:A piece of fabric or material which tapers to a point or swallow tail, which is 2 attached to a string or wire, either singularly or in series.3 *************4 Pole sign:A sign, 8 or more ft. in height which is independent of support from any 5 building, that is mounted on freestanding poles or other supports, and shall include a pole cover 6 that is between 50 percent and 100 percent of the overall sign width.7 *************8 Project identification sign:A directional sign which provides identification or recognition 9 of a development only, individual tenants or outparcels are not permitted to use this type of 10 signage.11 #############12 13 2.03.03 -Commercial Zoning Districts 14 *************15 E.Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning 16 district, the heavy commercial district (C-5) allows a range of more intensive 17 commercial uses and services which are generally those uses that tend to utilize 18 outdoor space in the conduct of the business. The C-5 district permits heavy 19 commercial services such as full-service automotive repair, and establishments 20 primarily engaged in construction and specialized trade activities such as contractor 21 offices, plumbing, heating and air conditioning services, and similar uses that typically 22 have a need to store construction associated equipment and supplies within an 23 enclosed structure or have showrooms displaying the building material for which 24 they specialize. Outdoor storage yards are permitted with the requirement that such 25 yards are completely enclosed or opaquely screened. The C-5 district is permitted in 26 accordance with the locational criteria for uses and the goals, objectives, and 27 policies as identified in the future land use element of the Collier County GMP. 28 1.The following uses, as identified 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 heavy commercial district (C-5). 32 a.Permitted uses33 *************34 154.Reupholstery and furniture repair (7641).35 155.Roofing, siding and sheet metal work contractors (1761).36 156.Secretarial and court reporting services (7338).37 157.Security and commodity brokers, dealer, exchanges and 38 services (6211—6289).39 158.Security systems services (7382).40 159.Shoe repair shops and shoeshine parlors (7251).41 160.Social services, individual and family (8322—8399, except 42 homeless shelters and soup kitchens). 43 161.Special trade contractors, not elsewhere classified (1799).44 162.Structural steel erection contractors (1791).45 163.Surveying services (8713).46 164.Tax return preparation services (7291).47 165.Taxicabs (4121).48 166.Telegraph and other message communications (4822) including 49 communications towers up to specified height, subject to LDC50 section 5.05.09.51 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 56 167.Telephone communications (4812 and 4813) including 1 communications towers up to specified height, subject to LDC 2 section 5.05.09.3 168.Theatrical producers and miscellaneous theatrical services, 4 indoor (7922—7929, including bands, orchestras and 5 entertainers; except motion picture). 6 169.Tour operators (4725).7 170.Travel agencies (4724).8 171.Truck rental and leasing, without drivers (7513).9 172.United State Postal Service (4311, except major distribution 10 center).11 173.Reupholstery and furniture repair (7641).12 174173.Utility trailer and recreational vehicle rental (7519).13 175174.Veterinary services (0741 & 0742, excluding outside 14 kenneling). 15 176175.Videotape rental (7841).16 177176. Vocational schools (8243—8299).17 178177.Wallpaper stores (5231).18 179178. Watch, clock and jewelry repair (7631).19 180179. Water well drilling (1781).20 181180. Welding repair (7692).21 182181. Any use which was permissible under the prior General Retail 22 Commercial (GRC) zoning district, as identified by Zoning 23 Ordinance adopted October 8, 1974, and which was lawfully 24 existing prior to the adoption of this Code. 25 183182. Any other commercial use or professional services which is 26 comparable in nature with the foregoing uses including those 27 that exclusively serve the administrative as opposed to the 28 operational functions of a business and are purely associated 29 with activities conducted in an office. 30 184183. Any other commercial or professional use which is comparable 31 in nature with the (C-1) list of permitted uses and consistent 32 with the purpose and intent statement of the district as 33 determined by the board of zoning appeals pursuant to LDC 34 section 10.08.00.35 #############36 37 2.03.06 -Planned Unit Development District38 *************39 B.The PUD process is intended to accomplish the following:40 *************41 3.Encourage patterns of lad land use that support economical provisions of 42 infrastructure, resulting in smaller networks of utilities and streets with 43 consequent lower construction and future maintenance costs.44 *************45 G.Residential Mixed Use Neighborhood Center PUD Design Criteria.46 *************47 6.Building Foundation Plantings.48 a.Building foundation plantings shall be required per LDC section 49 4.06.05 B.4.C, of the Code except as follows: The building regardless 50 of its size, shall provide the equivalent of 10 percent of its ground level 51 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 57 floor area, in building foundation planting area. A continuous building1 foundation planting width is not required per LDC section 4.06.052 B.5.aC. of the Code. However, the foundation plantings shall be 3 located within 21 feet of the building edge in the form of landscaped 4 courtyards and seating area landscaping. 5 #############6 7 2.03.08 –Rural Fringe Zoning Districts8 *************9 A.Rural Fringe Mixed-Use District (RFMU District). 10 ************11 4.RFMU sending lands.RFMU sending lands are those lands that have the 12 highest degree of environmental value and sensitivity and generally include 13 significant wetlands, uplands, and habitat for listed species.RFMU sending 14 lands are the principal target for preservation and conservation. Density may 15 be transferred from RFMU sending lands as provided in LDC section 2.03.0716 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. 17 With the exception of specific provisions applicable only to NBMO neutral 18 lands, the following standards shall apply within all RFMU sending lands:19 a.Allowable uses where TDR credits have not been severed.20 ******* ******21 (2)Accessory uses. Accessory uses and structures that are 22 accessory and incidental to uses permitted as of right in LDC 23 section 2.03.08 (A)(2)(a)(1)A.4.a.1 above.24 *************25 26 C.North Belle Meade Overlay District (NBMO).27 *************28 2.General location. The NBMO District is surrounded by Golden Gate Estates to 29 the north, east, and west and I-75 to the south. This NBMO comprises some 24 30 sections of land (approximately 15,550 acres) located entirely within the RFMU 31 District (LDC section 2.03.08 A.). The boundaries of the NBMO District are 32 outlined in Illustration 2.03.08 D.2.A C.2.a below and on the North Belle Meade 33 Overlay Map in the Future Land Use Element of the GMP. 34 1 Illustration 2.03.08 D.2.A.C.2.a2 3 3.Applicability:4 a.NBMO receiving lands. Permitted, conditional, and 5 within NBMO Receiving Lands shall be as set forth in 6 2.03.08 (A)(2)A.27 (D)(5)C.5.a. All other provisions of this Code that implement the Future 8 Land Use Element, Conservation and Coastal Management Element, or 9 Public Facilities Element, including but not limited to Chapters 3, 4 and 10 10, shall only be applicable to 11 to the extent specifically stated in this section. However, all 12 within NBMO Receiving Lands shall comply with all non13 review procedures for site 14 this Code. 15 b.NBMO neutral lands16 section 2.03.08 17 development within 18 section 2.03.08 A.3. 19 c.NBMO sending lands. Except as otherwise specifically provided in 20 section 2.03.08 21 shall be consistent with 22 ######23 24 25 26 27 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 58 C.2.a receiving lands. Permitted, conditional, and accessory uses Receiving Lands shall be as set forth in LDC section A.2, except as provided in LDC section 2.03.08 All other provisions of this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or ublic Facilities Element, including but not limited to Chapters 3, 4 and 10, shall only be applicable to development in NBMO Receiving Lands to the extent specifically stated in this section. However, all development Receiving Lands shall comply with all non-environmental review procedures for site development plans and platting as set forth in neutral lands. Except as otherwise specifically provided in section 2.03.08 D.4 C.4. and section 2.03.08 D5.b C.5.b, all within NBMO neutral lands shall be consistent with section 2.03.08 A.3. sending lands. Except as otherwise specifically provided in section 2.03.08 D.4 C.4., all development with NBMO Sending Lands consistent with LDC section 2.03.08 A.4. ####### Text underlined is new text to be added. hrough is current text to be deleted. text indicates a defined term accessory uses section All other provisions of this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or ublic Facilities Element, including but not limited to Chapters 3, 4 and Receiving Lands development environmental plans and platting as set forth in . Except as otherwise specifically provided in LDC shall be consistent with LDC sending lands. Except as otherwise specifically provided in LDC Sending Lands # Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 59 3.05.10 -Littoral Shelf Planting Area (LSPA)1 *************2 C.Application to existing lakes.All previously approved projects requiring littoral plantings 3 shall meet the operational requirements set out in LDC section 3.05.10 B. above. 4 *************5 2.For amendments to approved excavations where the proposed amendments will 6 modify the previously approved lake shoreline or increase the previously 7 approved lake area, signage of the planted littoral areas shall be required subject 8 to LDC section 3.05.10 A.6. 9 a.For amendments that modify less than 20 percent of the previously 10 approved shoreline but increase the previously approved lake area, only 11 the additional portion of the lake shall be used to calculate the additional 12 LSPA area using the percentage requirements of LDC section 3.05.10 13 A.1. (See f Figure 1 3.05.10 below).This additional LSPA shall conform to 14 the design requirements of LDC section 3.05.10 A. 15 b.For amendments that modify 20 percent or more of the previously 16 approved shoreline, the total lake area shall be used to calculate the 17 LSPA area using the percentage requirements of LDC section 3.05.10 18 A.1. (See f Figure 1 3.05.10 below). The LSPA shall conform to the 19 design requirements of LDC section 3.05.10 A. 20 1 **Image to be revised** Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 60 Text underlined is new text to be added. hrough is current text to be deleted. text indicates a defined term Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 61 1 Figure 3.05.10 –Modified Littoral Shelf Planting Area2 #############3 4 5 6 7 **Revised image** Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 62 4.06.02 -Buffer Requirements1 *************2 C.Types of buffers. 3 ****** *******4 4.Type D Buffer:A landscape buffer shall be required adjacent to any road right-5 of-way external to the development project and adjacent to any primary access 6 roads internal to a commercial development.Said landscape buffer shall be 7 consistent with the provisions of the Collier County Streetscape Master Plan, 8 which is incorporated by reference herein. The minimum width of the perimeter 9 landscape buffer shall vary according to the ultimate width of the abutting 10 right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the 11 corresponding landscape buffer shall measure at least ten feet in width. Where 12 the ultimate width of the right-of-way is 100 or more feet, the corresponding 13 landscape buffer shall measure at least 15 feet in width. Developments of 15 14 acres or more and developments within an activity center shall provide a 15 perimeter landscape buffer of at least 20 feet in width regardless of the width of 16 the right-of-way.Activity center right-of-way buffer width requirements shall 17 not be applicable to roadways internal to the development. 18 *************19 b.A continuous 3 gallon double row hedge spaced 3 feet on center of at 20 least 24 inches in height at the time of planting and attaining a 21 minimum of 30 inches in height in one year shall be required in the 22 landscape buffer where vehicular areas are adjacent to the road 23 right-of-way,pursuant to LDC section 4.06.05 C.4 D.4.24 #############25 26 4.06.05 -General Landscaping Requirements 27 *************28 I.Location requirements for signage adjacent to landscape buffer.29 1.Signage located within/adjacent to landscape buffer area. All trees and shrubs 30 located within landscape buffer shall be located so as not to block the view of 31 signage as shown in Figure 4.06.05 H. below, Signage adjacent to landscape 32 buffer. Sign locations shall be shown on the landscape plan and 100 square feet 33 of landscaping shall be provided as required by LDC section 5.06.01 5.06.04 F.34 *************35 N.Water management areas.36 1.Natural and manmade bodies of water including retention areas for all 37 developments subject to LDC sections 5.05.08, 4.06.02 D,and 3.05.10. 38 a.Configuration of water management areas. The shape of a manmade 39 body of water, including retention and detention areas, must be designed 40 to appear natural with curvilinear edges.See "Body of W ater Shapes" 41 Figure Y in subsection 4.06.02 D.An alternative design may be approved 42 as a part of the design of the building,if the design of the water 43 management area is related to the architectural design of the building.44 #############45 46 5.06.00 -SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION47 A.Definitions. The definitions of the following terms shall apply to the requirements of the 48 Land Development Code, in particular this section 5.06.00, to be known as the "Collier 49 County Sign Code." 50 *************51 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 63 Ground sign: A sign that is supported by one or more columns, upright 1 poles, or braces extended from the ground or from an object on the ground, or 2 that is erected on the ground, where no part of the sign is attached to any part of 3 a building.4 Ground sign: A sign, 8 ft. in height or lower which is independent of 5 support from any building, that is mounted on freestanding poles or other 6 supports, and shall include a pole cover that is between 50 percent and 100 7 percent of the overall sign width.8 *************9 Project identification sign: A directional sign which provides identification 10 or recognition of a development only, individual tenants or outparcels are not 11 permitted to use this type of signage.12 #############13 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 64 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 replaces the reference to NGVD with NAVD and converts the 3.5 NGVD height requirement to 2.2 NAVD based on the County’s general conversion factor. 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 facilit y within 10 feet of seagrass beds. Based on the conversion from NGVD to NAVD for Collier County, the minimum Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 65 height is now represented as 2.2 feet NAVD. It is important to note that this conversion is not 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. PLANNNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016 and unanimously approved by 6-0 vote on May 25, 2016, with no changes. 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: 3.02.10 Standards for Subdivision Plats1 2 A.All subdivision plats shall be consistent with the need to minimize flood damage. 3 B.All subdivision plats shall have public utilities and facilities, such as sewer, gas, 4 electrical, and water systems, located and constructed to minimize flood damage. 5 C.All subdivision plats shall have adequate drainage provided to reduce exposure to 6 flood hazards. 7 D.Base flood elevation data shall be shown on the Master Subdivision Plan. 8 E.All final plats presented for approval shall clearly indicate the finished elevation of the 9 roads and the average finished elevation of the lots or homesite. All grades must be 10 shown in both NAVD.and NGVD. The information may be shown referenced to one 11 datum with a note on the cover sheet listing a site-specific equation for determining 12 the grades in the other datum. 13 #############14 15 5.03.06 Dock Facilities16 *************17 J.Protection of seagrass beds.Seagrass or seagrass beds within 200 feet of any 18 proposed docks, dock facilities,or boathouses shall be protected through the 19 following standards: 20 *************21 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 66 3.Where a continuous bed of seagrasses exists off the shore of the property and 1 adjacent to the property, the applicant shall be allowed to build a dock2 across the seagrass beds, or a docking facility within 10 feet of seagrass 3 beds. Such docking facilities shall comply with the following conditions: 4 a.The dock shall be at a height of at least 3.5 2.2 feet NGVD NAVD. 5 b.The terminal platform area of the dock shall not exceed 160 square 6 feet. 7 c.The access dock shall not exceed a width of 4 feet. 8 d.The access dock and terminal platform shall be sited to impact the 9 smallest area of seagrass beds possible. 10 #############11 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 67 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 Identification of Preservation Standards 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.1.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. PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016 unanimously approved by 6-0 vote on May 25, 2016 with no changes. 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. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 68 OTHER NOTES/VERSION DATE: 4/12/16 Amend the LDC as follows: 3.05.07 -Preservation Standards 1 All development not specifically exempted by this ordinance shall incorporate, at a 2 minimum, the preservation standards contained within this section. 3 *************4 H.Preserve standards.5 1.Design standards.6 a.Identification. Native vegetation that is required to be preserved or 7 mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a 8 Preserve and shall be identified in the following manner: 9 i.The Preserve shall be labeled as "Preserve" on all site plans.10 ii.If the development is a PUD, the Preserve shall be identified 11 on the PUD Master Plan, if possible. If this is not possible, a 12 minimum of 75% of the preserves shall be set-aside on the 13 PUD Master Plan with the remaining 25% identified at the time 14 of the next development order submittal. 15 iii.The Preserve shall be identified at the time of the first submittal 16 for a development order submittal that requires the approval of 17 a site plan or conceptual site plan.18 #############19 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 69 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 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 Water-Wastewater Master Plan updates and adjusts the level of service 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, 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. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 70 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. DSAC RECOMMENDATIONS:Unanimously approved on May 4, 2016 with no changes. PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016 and unanimously approved by 6-0 vote on May 25, 2016, with no changes. 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 Am end the LDC as follows:20 21 6.02.06 -Potable Water Facility Level of Service Requirements22 23 A.See Policy 1.5 D, the Capital Improvement Element of the Growth Management Plan or 24 successor section, for the level of service standards for potable water facilities.The 25 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 71 LOS for capital potable water facilities varies between public water systems and private 26 water systems.27 1.For the Collier County Water and Sewer District, the LOS is 185 gallons per 28 capita per day (GPCD). 29 2.For the Goodland W ater District, the LOS is 163 GPCD.30 3.For the City of Naples unincorporated service area, the LOS is 163 GPCD.31 4.For the Everglades City unincorporated service area, the LOS is 163 GPCD.32 5.For independent districts and private potable water systems, the LOS is the 33 potable water flow design standards as identified in Policy 1.3.1 3.1 of the 34 Potable Water Sub-Element of the GMP, except that approved private wells are 35 exempt from these LOS requirements. 36 B.The Ddetermination of public facility adequacy for potable water facilities shall be based 37 on the following:LDC section 10.02.07 F.1.38 1.The required public facilities are in place at the time a final site development 39 plan, final subdivision plat, or building permit is issued. 40 2.The required public necessary facilities and services are under construction at 41 the time a final site development plan, final subdivision plat, or building permit 42 is issued.43 3.The required public necessary facilities are guaranteed in an enforceable 44 development agreement that includes the provisions of subsections 6.02.06 45 B.1. and 6.02.06 B 2. of the LDC.46 #############47 48 6.02.07 -Sanitary Sew er-Wastewater Treatment Facility Level of Service Requirements 49 50 A.See Policy 1.5 E, the Capital Improvement Element of the Growth Management Plan or 51 successor section, for the level of service standards for sanitary sewer –wastewater52 treatment facilities.The LOS for capital sanitary sewer facilities varies between public 53 sanitary sewer systems and private sanitary sewer systems. The LOS for the North 54 Sewer Area The LOS for capital sanitary sewer facilities varies between is 145 GPCD. 55 The LOS for the South Sewer Area is 100 GPCD. The LOS for the Southeast Sewer 56 Service Area is 120 GPCD. The LOS for the Northeast Sewer Service Area is 120 57 GPCD. The LOS for the City of Naples unincorporated sewer service area is 121 GPCD. 58 B. The LOS for independent districts and private sanitary sewer systems is the sewage flow 59 design standards identified in Policy 2.1 of the Sanitary Sewer Sub-Element the GMP, 60 as required by the State of Florida. Approved private septic systems are exempt from 61 these LOS requirements.62 C.The determination of public facility adequacy for sanitary sewer-wastewater treatment 63 facilities shall be based on the following:LDC section 10.02.07 F.2.64 1.The required public facilities are in place at the time a final site development 65 plan, final subdivision plat, or building permit is issued. 66 2.The required public facilities are under construction at the time a final site 67 development plan, final subdivision plat, or building permit is issued.68 3.The required public facilities are guaranteed in an enforceable development 69 agreement that includes the provisions of subsections 6.02.07 C.1. and 6.02.07 70 C2. 71 ############# 72 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 72 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 section 9.04.04 provides varying degrees of relief for several types of after-the- fact encroachments 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 create conflicts 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 as of the date the building permit was issued in each section. For information purposes: a Certificate of Occupancy 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 Certificate of Occupancy 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 Section County Action Example Situations Relief Provided 9.04.04 A Building Permit is issued but no Certification of Occupancy is issued Slab is poured incorrectly. Encroachment is found during construction. This is typically after the purchase of the home. Up to 5% 9.04.04 B Building Permit is issued and a Certificate of Occupancy is issued Encroachment is found following use of structure. Typically due to improved techniques for surveying and identified at a real estate closing. Up to 10% Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 73 9.04.04 C Building Permit is issued or no building permit record can be found 1) Encroachment is due to improved techniques for surveying or county error. 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. Up to 25% 9.04.04 D (new section) Certificate of Occupancy is issued. 3) “Grandfathering” conditions apply and prior setbacks in the LDC are permitted. Equal to or less than prior 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. PLANNING COMMISSION RECOMMENDATIONS: Reviewed on May 5, 2016 and unanimously approved by 6-0 vote on May 25, 2016 with no changes. 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: 9.04.04 -Specific Requirements for Minor After-the-Fact Encroachment1 2 Minor after-the-fact yard encroachments for structures, including principal and accessory 3 structures, may be approved administratively by the County Manager or designee. Exceptions 4 to required yards as provided for within LDC section 4.02.01.D shall not be used in the 5 calculations of existing yard encroachments. 6 7 A.For both residential and non-residential structures the County Manager or 8 designee may administratively approve minor after-the-fact yard9 encroachments of up to five (5) percent of the required yard, not to exceed a 10 maximum of six (6) inches when:11 1.A a building permit has been issued and is under review , but for 12 which a certificate of occupancy has not been granted. The 13 encroachment applies to the yard requirement in effect as of the date 14 the building permit was issued.15 2.A building permit and certificate of occupancy or a final development 16 order has been granted.17 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 74 B.For both residential and non-residential structures, the County Manager or 1 designee may administratively approve minor after-the-fact yard2 encroachments of up to ten (10) percent of the required yard with a maximum 3 of two (2) feet when4 1.A a building permit and certificate of occupancy or a final 5 development order has been granted. The encroachment applies to 6 the yard requirement in effect as of the date the building permit was 7 issued. 8 2.The encroachment applies to the yard requirement which was in effect 9 as of the date on which the certificate or occupancy or final 10 development order was issued.11 C.For property supporting a single-family home, two-family home, duplex, 12 mobile home or modular home, the County Manager or designee may 13 administratively approve encroachments of up to twenty-five (25) percent of 14 the required yard in effect as of the date of the final development order15 building permit when one of the following conditions exists:.16 1.In the presence of mitigating circumstances, where the encroachment 17 does not result from error or action on the part of the property owner 18 and a building permit has been issued. 19 2.Structures for which a final development order has been issued. 20 32.When Where no building permit record can be produced and the 21 following criteria must be are met: 22 a.An after-the-fact building permit for the structure, or portion of 23 the structure, is issued prior to the application approval of for24 the administrative variance.prior to the application for the 25 administrative variance.The administrative variance will only be 26 approved once all inspections have been completed.and the 27 certificate of occupancy will be issued only in cases where an 28 administrative variance has been approved. The certificate of 29 occupancy shall be placed on hold until the administrative 30 variance is approved. 31 b.The encroaching structure, or portion of the structure, was 32 constructed prior to the purchase of the subject property by the 33 current owner. 34 c.Evidence is presented showing that the encroaching structure, 35 or portion of the structure, was constructed at least two (2) 36 years prior to the date of application for the administrative 37 variance. This evidence may be in the form of a survey, 38 property card, or dated aerial photograph clearly showing the 39 encroachment. 40 d.The encroaching structure is either an addition of living area to 41 a principal structure, or an accessory structure of at least 42 two hundred (200) square feet in area. 43 e.The encroachment presents no safety hazard and has no 44 adverse effect on the public welfare. 45 4 D.Where a structure was lawfully permitted within a residential zoning district 46 under a previous code, and where said structure is considered 47 nonconforming under the current Land Development Code, due to changes 48 in the required yards, the County Manager or designee may administratively 49 approve a variance for an amount equal to or less than the existing yard50 encroachment. 51 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 75 D E.Under no circumstances shall any administrative variance be approved which 1 would allow a reduction of the separation between structures to less than ten 2 (10) feet. 3 E F.Administrative variances approved pursuant to the above do not run with the 4 land in perpetuity and remain subject to the provisions of this section regarding 5 nonconforming structures.6 #############7 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 76 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 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 to be 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 entry gates 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 FIDG 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. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 77 ·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. However, for both exceptions, the locations of the CMDL shall be identified 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 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. 2011 Camden Lakes-Architectural Designed Kiosk-Neighborhood Delivery Center 2015 Raffia Preserve-At Community Recreation Center on Raffia Palm Circle 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 proposed design standards. Esplanade-Bellano Ct. –MF Arrow points to Kiosk 6 CBUs between bicycle rack and recreation center. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 78 At Community Recreation Center on Raffia Palm Circle –Mixed SF and MF. 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 which meet many of the MF Arrow points to Kiosk 6- CBUs between bicycle rack and recreation center. Esplanade-Cavano –SF 5-CBUs located across street from Sales Center. Sidewalk behind landscaping. Text underlined is new text to be added. text to be deleted. text indicates a defined term Mixed SF and MF. Butler Lake Dr. CMDLs and Parking Spaces (one designated s which meet many of the CBUs located across street from Sales Center. Sidewalk behind landscaping. DSAC-LDR RECOMMENDATIONS: amendment on February 29, 2016, with the following recommendation: consider adding flexibility to provide no parking spaces based on location and the number of households. This recommendation has been incorporated into the current draft. Canopy, a 108 SF residential community on Canopy Circle. (See site development plan below) Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 79 LDR RECOMMENDATIONS:The Subcommittee unanimously approved the amendment on February 29, 2016, with the following recommendation: consider adding flexibility to provide no parking spaces based on location and the number of households. This recommendation has been incorporated into the current draft. Canopy, a 108 SF residential community on Canopy Circle. (See site development plan below) Text underlined is new text to be added. text to be deleted. text indicates a defined term The Subcommittee unanimously approved the amendment on February 29, 2016, with the following recommendation: consider adding flexibility to provide no parking spaces based on location and the number of households. This Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 80 DSAC RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016. PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016 and unanimously approved by 6-0 vote on May 25, 2016 with no changes. 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 Locations2 3 A.Central mail delivery locations, such as neighborhood mail kiosks and cluster box units, 4 in 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 7 subdivision 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 13 encroach into sidewalks, pedestrian pathways,or impede street and 14 pedestrian traffic.15 2.Parking space design standards. A minimum of two parking spaces shall be 16 provided for the central mail delivery locations.17 a.Each parking space shall be a minimum dimension of nine (9) feet wide 18 by twenty-three (23) feet in depth.19 b.Grade level access to the central mail delivery location shall be provided 20 by one or more of the following: an access aisle, curb cut, curb ramp, or 21 by a similar design.22 3.Parking requirements in B.1 and B.2 above are not required when:23 a.A central mail delivery location is sited at recreational facilities and 24 parking is provided as established in LDC section 4.05.04 and pedestrian 25 access is provided from the parking lot area to the central mail delivery 26 location. 27 b.A central mail delivery location is servicing a neighborhood of 16 or fewer 28 postal addresses and grade level access in B.2.b. is provided.29 C. Lighting. Central mail delivery locations shall be sufficiently lighted by the neighborhood 30 streetlight system at an average illuminated intensity of 0.5 foot-candle. Lighting 31 provided for central mail delivery locations shall be shielded to prevent excessive light 32 and glare. 33 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 81 1 #############2 3 4 Reference Only:5 6 USPS Publication 32-Glossary of Postal Terms:7 Cluster box unit (CBU)-A centralized grouping of individually locked and keyed compartments 8 or mailboxes, such as a wall-mounted unit in an apartment building or a free-standing 9 neighborhood delivery and collection box unit. The carrier can generally access the individual 10 compartments at one time by using a special key to unlock a facing or rear flat panel (front-or 11 back-loading) or, for vertical boxes, (top-loading) an entire row of boxes that swing away from 12 the wall to expose the tops of each box.13 14 Neighborhood delivery and collection box unit -A centralized unit of more than eight 15 individually locked compartments sized to accommodate the delivery of magazines, merchandise 16 samples, and several days’ accumulation of mail. In addition, collection mail may be deposited 17 in a designated compartment.18 19 USPS -Manual20 631.442 Central Delivery Addresses21 22 Central delivery mail receptacles (including USPS STD 4C equipment and CBUs, delivery 23 centers, and postal centers) must be identified by the same addresses as the dwellings for which 24 they serve as mail receptacles. The respective, conforming addresses should be displayed inside 25 the boxes and visible only to the carrier and customer when accessing that receptacle. USPS does26 not assign addresses; however, the sequential ordering of any centralized delivery equipment is 27 subject to USPS approval for operational efficiency and to accommodate special circumstances 28 or requests for hardship delivery. For security or privacy, mailer associations or customer groups 29 may use another alphanumeric identification system on the outside of receptacles that is not part 30 of, or used in, the mailing address.31 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 82 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 the use of up to 25 percent of vehicular use areas. Vehicular use areas are defined in LDC section 1.08.02 as: Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 83 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. Alternatively, equivalent off-site parking may be provided if more than 25 percent of the vehicular use area is used. 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 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 –S ports, 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 Consumer Services (FDACS) when they make less than $15,000 annually on the Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 84 manufacturing of certain food products such as breads, cakes, cookies, candies, jams, jellies, and fruit pies. However, these products must be labeled 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 d eveloped 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. DSAC-LDR RECOMMENDATIONS:The Subcommittee unanimously approved the proposed amendment on February 29, 2016, and recommended the following: Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 85 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 on April 6, 2016. PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016, and approved by 6-0 vote on May 25, 2016, with the recommendation to add the word “equivalent” to section 5.04.05 A.1.c to ensure that any off-site parking provided is equivalent to the vehicular use area used by the event. 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 26, 2016. Amend the LDC as follows: 5.04.05 Temporary Events1 2 A.Special Events.This section establishes the location and development standards for3 special events,including temporary market events,sales and promotional events,and4 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 of7 consent by business management shall be provided if permanent8 business restrooms are to be used.9 b.Safe ingress and egress shall be provided to the site,including10 emergency access measures.11 c.A maximum of 25 percent of the vehicular use area may be occupied or12 otherwise rendered unusable by the placement of temporary structures,13 equipment,and merchandise associated with the special event,unless14 equivalent off-site parking is provided.15 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 86 d.The minimum required number of handicapped parking spaces for the 1 site pursuant to LDC section 4.05.07 shall not be used for the special 2 event. 3 e.In support of the special event,temporary structures,equipment,4 merchandise,and signage may be placed on the site subject to the5 approval of a site diagram depicting the locations of principal structures,6 parking,temporary structures,and signage.7 i.Temporary signage shall be subject to the restrictions set forth in8 LDC section 5.04.06.9 ii.All temporary structures,equipment,merchandise,or placement10 and parking of vehicles in conjunction with the special event shall11 be located in a parking lot or open space at least 10 feet from the12 property line and shall be removed at the conclusion of each13 event.14 iii.A building permit may be required for the erection of temporary15 tents or structures.16 f.See Collier County Code of Laws Sections 118-102 and 118-131 to 118-17 155,or successor sections,for additional standards related to solid18 waste and recycling collection.19 g.No sales,advertising,or other activity related to the special event shall be20 permitted in the public right-of-way in accordance with Collier County21 Code of Laws Section 26-1,or successor sections.22 h.Application.The Administrative Code shall establish the procedural23 requirements for special events.24 2.Temporary Market Events.A temporary use permit is required for temporary25 market events to allow for the temporary sale of retail products which may not26 normally be available in non-residential zoning districts.Temporary market27 events shall be defined as a single-or multi-vendor event where vendors sell28 goods or personal services directly to the public,such as,but not limited to:29 farmers markets,art fairs,and craft fairs.30 a.Location.Temporary market events are allowed on improved or31 unimproved non-residential properties. For temporary events on Collier32 County Property,see LDC section 5.04.05 C.33 b.The applicant shall provide a letter from the property owner or property34 manager granting permission to utilize the subject property for the35 temporary market event during the requested time period.36 c.Market operators shall verify that vendors obtain all applicable federal,37 state and local licenses,insurance,and/or permits,including but not38 limited to the Collier County business tax receipt and any permanent or39 temporary license or certification required when selling food.40 13.Sales and Promotional Events.41 a.A temporary use permit is required for temporary sales and/or42 promotional events on non-residential property,such as grand openings,43 going out of business sales,special promotional sales,sidewalk sales,44 overstock sales,tent sales,or other similar uses for sales and45 promotional events related to the principal activities in operation at the46 subject property,unless otherwise provided for in this section.47 b.The Administrative Code shall establish the procedural requirements for a48 temporary use permit for sales or promotional events.49 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 87 c.In support of the proposed temporary sale or event,temporary signs,1 merchandise,structures,and equipment may be placed subject to2 approval of a site plan depicting same.3 i.Temporary signage shall be subject to the restrictions set forth in4 section 5.04.065 ii.All temporary structures and equipment,merchandise,or6 placement and parking of vehicles in conjunction with the7 temporary sale,shall conform to the minimum yard requirements8 of the zoning district in which it is located.9 iii.A building permit may be required for the erection of temporary10 structures.11 db.Temporary use permits for sales may be issued to the owner(s)of a12 commercial establishment,or to the tenant(s)operating within a13 commercial establishment with the approval of the property owner or14 property manager,provided said tenant provides documentation of a15 current annual lease with the property owner.Uses permitted by an16 approved temporary sales permit shall be operated by the property owner17 or tenant(s),except as provided for in LDC sections 5.04.05 A.1.g.3.e.18 and 5.04.05 A.1.h.3.f.below.19 ec.Temporary use permits for sales shall be restricted to those zoning20 districts in which the sale of the items would normally be permitted.21 Further,the sales activity permitted by the temporary use permit shall be22 related to the principal commercial activities in operation on the subject23 property,except as provided for in LDC subsections 5.04.05 A.1.g.3.e24 and 5.04.05 A.1.h.3.f below.25 fd.Special event temporary use permits for Sales and Promotional Events26 shall not be issued for undeveloped unimproved properties,with27 exception to pre-construction ground breaking events with a valid28 development order.29 ge.The County Manager or designee may issue temporary use permits for30 satellite locations subject to the applicable restrictions set forth in this31 section,provided the applicant currently operates a business from a32 permanent,approved commercial location within the County.Additionally,33 the purpose of the temporary sale shall be the same as the principal34 purpose of the existing commercial business of the applicant.35 hf.The County Manager or designee may,in determining a specific benefit36 to the public,grant a temporary use permit to facilitate the sale of an item37 or items not generally available within a specific planning community,38 subject to the applicable restrictions set forth in this section.39 24.Sports,religious,and community events.40 a.A temporary use permit is required for sports,religious,community,or41 other similar events sponsored by profit,nonprofit,charitable,civil,or42 membership organizations,on lands not specifically developed and43 approved for such activities on a regular basis.The County Manager or44 designee may grant a nonrenewable temporary use permit of up to 1445 days duration for such events.46 b.Temporary use permits of this type may,in support of the use being47 permitted,include the placement of temporary signs,merchandise,48 structures and equipment,and a mobile home as an office,but not for49 residency.50 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 88 i.Temporary signage shall be subject to the restrictions set forth in1 section 5.04.062 ii.A building permit may be required for the placement and/or3 erection of temporary structures.4 c.Temporary use permits in this category shall be restricted to those zoning5 districts in which the use would normally be permitted be compatible,6 unless otherwise approved by the Board of County Commissioners via a7 public petition request.8 d.The County Manager or designee shall accept,without fee,temporary9 use permit applications for sports,religious,community,or other similar10 events,upon presentation of documentation that the sponsor of the event11 is a bona fide nonprofit organization and the event is intended to benefit12 the community at large or a specific group of individuals.Two such events13 per calendar year per organization are eligible for this permit.14 3.Special Event time limits.15 a.The County Manager or designee may grant nonrenewable temporary16 use permits of up to 14 days duration,such that during any calendar year17 the sum total duration of all permits for such events for that location does18 not exceed 28 days.19 b.For multiple occupancy parcels with 10 or more tenants the total duration20 of all such permits shall not exceed 42 days per calendar year.21 c.Temporary use permits for special events may be extended up to an22 additional 4 weeks when approved by the Board of County23 Commissioners.Such approval may be subject to stipulations and24 additional constraints which shall be noted as conditions of the permit and25 the permittee will be required to sign a notarized agreement to abide by26 such conditions.27 B.Temporary seasonal sales.A nonrenewable 5 week temporary use permit may be28 issued for seasonal and holiday related temporary sales subject to the following29 restrictions.30 1.Temporary use permits for seasonal sales may be issued only for the following31 seasonal/holiday related items:32 a.Christmas trees.33 b.Fireworks,as allowed by F.S.Chapter 791 and subject to the issuance of34 an approved permit by the jurisdictional fire district.35 c.Pumpkins.36 2.Temporary use permits for seasonal sales may be issued on improved or37 unimproved properties.38 3.The applicant shall provide a notarized letter from the property owner or39 property manager granting permission to utilize the subject property for the40 temporary seasonal sales.41 4.Temporary use permits for seasonal and/or holiday sales may,in support of the42 use being permitted,include the placement of signs,merchandise,temporary43 structures,and equipment.44 a.Temporary signage is subject to the restrictions set forth in subsection45 5.04.06 A &B.46 b.A building permit may be required for the erection of temporary47 structures.48 C.Garage sales.A permit is required for garage sales,:In the case of garage sales,lawn49 sales,and other similar temporary sales to be held at private homes,churches and50 other places of worship,community centers,or other nonprofit residentially zoned51 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term. 89 institutions,the County Manager or designee may issue one 2-day permit for such1 events during each 6 month period.2 D.Temporary events on Collier County property.3 1.A Board approved agreement shall be required for temporary events on all4 Collier County parks,facilities,and other property.A temporary use permit shall5 not be required.6 2.Signage for temporary events on Collier County property shall comply with LDC7 section 5.04.06 Temporary Signs.8 3.The applicant shall coordinate with emergency medical services,fire districts,9 and Collier County Sheriff’s offices to determine the appropriate level of coverage10 required for the event.11 E.Temporary Uses,not elsewhere classified.At the direction of the BCC,the County may,12 from time to time,be called upon to allow certain uses for specific periods of time.After13 public hearing,the County Manager or designee may issue a Temporary Use Permit14 upon receipt of satisfactory evidence that all stipulations and/or requirements have been15 satisfied.16 F.Temporary event time limits.17 1.Table 5.04.05 F.1.–Temporary Event Time Limits18 Temporary event type Maximum number of event days allowed for each permit Maximum number of event days allowed per 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 property As approved in accordance with LDC 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. ############19 Attachment 1 90 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. Attachment 1 91 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. Attachment 2 92 Attachment 2 93