Agenda 09/13/2016 R Item # 9D 9.D
09/13/2016
EXECUTIVE SUMMARY
Recommendation to consider adopting an Ordinance amending Ordinance Number 04-41, as
amended, the Collier County Land Development Code, which includes the comprehensive land
regulations for the unincorporated area of Collier County, Florida, by amending Chapter One —
General Provisions; Chapter Two — Zoning Districts and Uses; Chapter Three — Resource
Protection; Chapter Four—Site Design and Development Standards; Chapter Five—Supplemental
Standards; Chapter Six — Infrastructure Improvements and Adequate Public Facilities
Requirements; Chapter Nine —Variations From Code Requirements; Chapter Ten — Application,
Review, and Decision-Making Procedures,and as further described in the attached amendments.
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the proposed 2015
Land Development Code(LDC)Amendments Cycle 2 in order to serve the best interest of the public.
CONSIDERATIONS: The Board approved a tentative prioritized list of LDC amendments for the 2015
LDC Amendments Cycle 2 on July 15, 2015. The LDC Amendments have been prepared and vetted for
adoption.The following categories briefly describe each amendment.
Board Directed Amendment:
• To address the compatibility of charter schools and in particular, to require review by the County
of the potential transportation impacts of the school.
Privately Initiated Amendment:
• 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. 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. This amendment was submitted by the Immokalee CRA and follows Board
direction on December 8,2015,Item 16B1.
Amendments Providing Flexibility:
• Modify when and where preserve signs are required to be installed, including providing
exceptions when abutting other preserves and a reduction in the number of signs when preserves
abut lake maintenance easements.
• Allow existing buildings that are subject to the architectural standards of the LDC the ability to
make architectural modifications through the Site Development Plan Insubstantial Change(SDPI)
approval process.
• Provide a new administrative process for Immokalee Nonconforming Mobile Home Parks and
Sites to become legally recognized uses. The process applies to properties where mobile homes
were previously allowed or are currently allowed by the LDC. The proposed Administrative Code
for Land Development section, entitled the "Immokalee Nonconforming Mobile Home Parks or
Mobile Home Sites - Existing Conditions Site Improvement Plan," requires applicants to
demonstrate the existing conditions of the site and meet fire safety criteria. Once approved,
mobile home owners will have the ability to replace mobile home units with a building permit
issued by Collier County.
0 Pursuant to Board direction on July 12,2016,the proposed Administrative Code for Land
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Development section was revised to require a specific purpose survey identifying the
property boundaries and the location and separations between mobile home units and
other structures. The specific purpose survey is required to be certified by a Professional
Surveyor and Mapper. Other improvements identified on the site plan, such as existing
roads, parking areas, utilities, etc. Do not require a Professional Surveyor and Mapper's
certification. These changes are reflected in the separate agenda item for the
Administrative Code for Land Development.
Clarification and Scrivener's Error Amendments:
• Correct various scrivener's errors, incorrect and missing cross-references, and remove a duplicate
permitted use in C-5 Zoning District.
• Replace outdated references to the National Geodetic Vertical Datum of 1929 with references to
the North American Vertical Datum of 1988.
• Clarify when preserves are to be identified on a site plan or conceptual site plan for approval.
• Replace outdated level of service standards for potable water and sanitary sewer-wastewater
treatment facilities with a cross-reference to the Growth Management Plan's Capital
Improvement Element level of service standards. These standards will be updated through the
Annual Update and Inventory Report (AUIR) and Water-Wastewater Master Plan approval
process.
• Correct conflicts between criteria established in the administrative minor after-the-fact
encroachments provisions.
Miscellaneous Amendments:
• Establish standards for temporary special events on private property, including a new provision
for temporary market events. The amendment also reorganizes the time frames for temporary
events for ease of use. Pursuant to Board direction on July 12, 2016, the provision requiring
market operators to verify vendors have applicable federal, state, and local licenses, insurance
and/or permits, etc.,has been removed.
Advisory Board Review and Approval
County staff has worked with community members and advisory boards to develop and publicly vet the
proposed amendments. Specific public comments are included within the respective LDC Amendments.
Beginning in the fall of 2015, LDC amendments were presented and reviewed by the Development
Services - Land Development Review Subcommittee, the Development Services Advisory Committee,
and the Planning Commission. Amendments that impact the Immokalee area were also shared with the
Immokalee Community Redevelopment Agency (CRA). The privately initiated amendment changing
permitted and conditional uses in the Main Street Overlay within Immokalee was presented and approved
on April 20, 2016, by the Immokalee CRA Advisory Board. The amendment amending the
nonconforming mobile home site standards was shared with the Immokalee CRA Advisory Board at their
May 18, 2016 meeting for informational purposes.
All amendments were approved by the Planning Commission on Wednesday, May 25, 2016, during a
special nighttime hearing.
Please see the Summary Sheet, contained in Attachment 1, for all advisory board recommendations and
approval dates.
Board Review
This amendment cycle proposes changes that amend the actual list of permitted, conditional, or prohibited
uses of land within several zoning categories. Pursuant to LDC section 10.03.06 K, these amendments
require two Board hearings, with at least one hearing held after 5:00 p.m., unless by supermajority vote
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the Board elects to conduct the hearing at another time of day. On May 10, 2016, the Board waived the
nighttime hearing requirement(Agenda Item 16A19).
This amendment was advertised for the June 28, 2016 Board meeting(Item 9B);however, at the meeting,
the Board directed staff to continue the item to the July 12, 2016 meeting (Item 9B). On July 12, 2016,
the Board provided direction to staff to amend the LDC Amendments as noted above. In addition, the
amendment establishing LDC section 4.05.10 Parking for Residential Central Mail Delivery Locations
was removed from the cycle. All changes have been incorporated into the amendments and the proposed
ordinance. This is the second and final required advertised hearing for the LDC amendments.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Planning
Commission reviewed the LDC Amendments on April 21, May 5, and May 25, 2016. The Planning
Commission unanimously approved the LDC Amendments during a special nighttime hearing on
Wednesday,May 25,2016.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires an
affirmative vote of four for approval. - SAS
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
LDC Amendment cycle.
RECOMMENDATION: To approve the proposed Ordinance for the 2015 Cycle 2 Land Development
Code Amendments and direct staff as to any changes.
Prepared By: Caroline Cilek, AICP, CFM, Land Development Code Manager, Development Review
Division, Growth Management Department
ATTACHMENT(S)
1. [Linked] Attachment 1 -Complete LDC Amendment packet 8-10-16 (PDF)
2. [Linked] Attachment 2 -Proposed Ordinance (PDF)
3.Legal Ad-Agenda ID 17220000 (PDF)
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9.D
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.D
Item Summary: Recommendation to consider adopting an Ordinance amending Ordinance
Number 04-41, as amended, the Collier County Land Development Code, which includes the
comprehensive land regulations for the unincorporated area of Collier County, Florida, by amending
Chapter One—General Provisions; Chapter Two —Zoning Districts and Uses; Chapter Three—Resource
Protection; Chapter Four — Site Design and Development Standards; Chapter Five — Supplemental
Standards; Chapter Six — Infrastructure Improvements and Adequate Public Facilities Requirements;
Chapter Nine—Variations From Code Requirements; Chapter Ten—Application, Review, and Decision-
Making Procedures, and as further described in the attached amendments.
Meeting Date: 09/13/2016
Prepared by:
Title: Manager-LDC—Growth Management Development Review
Name: Caroline Cilek
08/05/2016 3:10 PM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
08/05/2016 3:10 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/11/2016 12:09 PM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/12/2016 7:19 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/15/2016 10:03 AM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/15/2016 11:46 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/16/2016 5:28 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/17/2016 8:50 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/17/2016 9:38 AM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 11:14 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 11:40 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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