Agenda 06/23/2015 Item # 9B6/23/2015 9. B.
EXECUTIVE SUMMARY
Recommendation to consider 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 providing for: Section One, Recitals; Section
Two, Adoption of Amendments to the Land Development Code, more specifically amending
Chapter 2 — Zoning Districts And Uses, including Section 2.03.09 Open Space Zoning Districts, to
add golf maintenance buildings as a new accessory use within the golf course zoning district;
Chapter 4 — Site Design and Development Standards, including Section 4.02.03 Specific Standards
for Location of Accessory Buildings and Structures, to establish setback requirements for golf
clubhouse and maintenance buildings on waterfront lots and golf course lots in zoning districts
other than Rural Agricultural and Estates; Section Three, Conflict and Severability; Section Four,
Inclusion in the Collier County Land Development Code; and Section Five, Effective Date.
OBJECTIVE: To amend the provisions of the Collier County Land Development Code (LDC)
to serve the best interest of the public.
CONSIDERATIONS: This amendment proposes to add golf maintenance buildings as an
accessory use for the Golf Course zoning district in LDC section 2.03.09 Open Space Zoning
Districts and establishes a 50 foot setback for golf clubhouses and maintenance buildings as
measured from the external boundaries of a golf course districts. This amendment only applies to
conventional zoning districts and will not apply to existing PUDs with specific golf course
zoning standards. Please see Attachment 1 for the proposed LDC Amendment.
As this amendment seeks to change the list of permitted, conditional, and prohibited uses of land,
the amendment is subject to LDC section 10.03.06 K. This section requires that the amendment
is considered at two Board hearing dates, with one night time hearing scheduled after 5:00 p.m.,
unless waived. The Board will hear this LDC amendment on Tuesday, June 23, 2015 at a
regularly scheduled hearing and voted on June 9, 2015 to hold the night time hearing on July 7,
2015 at 5:05 pm.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The LDC
Ainendment regarding golf maintenance buildings as an accessory use and setbacks for golf club
houses and maintenance buildings was reviewed by the Planning Commission at one regularly
scheduled hearing on Thursday, May 21, 2015 and at a special night time hearing on Monday,
June 8, 2015. The amendment was unanimously approved at the second hearing.
FISCAL IMPACT: As noted for each individual amendment.
GROWTH MANAGEMENT IMPACT: As noted for each individual amendment.
LEGAL CONSIDERATIONS: This item has been approved as to fonn and legality, and
requires an affirmative vote of four for Board approval. - -SAS
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6/23/2015 9. B.
RECOMMENDATION: That the Board of County Commissioners approves the proposed
ordinance amending the LDC and provide direction to Staff as to any modifications to the
proposed text.
Prepared By: Caroline Cilek, AICP, CFM, Land Development Code Manager, Development
Review Division, Growth Management Department
Attachments:
1) LDC Amendment Request for 2.03.09 Open Space Zoning Districts
2) Summary Sheet
3) Legal Ad
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.13.
6/23/2015 9.B.
Item Summary: Recommendation to consider 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
providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land
Development Code, more specifically amending Chapter 2 - Zoning Districts And Uses, including
Section 2.03.09 Open Space Zoning Districts, to add golf maintenance buildings as a new
accessory use within the golf course zoning district; Chapter 4 - Site Design and Development
Standards, including Section 4.02.03 Specific Standards for Location of Accessory Buildings and
Structures, to establish setback requirements for golf clubhouse and maintenance buildings on
waterfront lots and golf course lots in zoning districts other than Rural Agricultural and Estates;
Section Three, Conflict and Severability; Section Four, Inclusion in the Collier County Land
Development Code; and Section Five, Effective Date.
Meeting Date: 6/23/2015
Prepared By
Name: CilekCaroline
Title: Manager - LDC, Growth Management Department
6/12/2015 4:41:56 PM
Submitted by
Title: Manager - LDC, Growth Management Department
Name: CilekCaroline
6/12/2015 4:41:57 PM
Approved By
Name: Casa] anguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/14/2015 1:25:02 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
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Date: 6/15/2015 10:15:11 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/15/2015 10:31:05 AM
6/23/2015 9.B.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/15/2015 3:37:12 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/16/2015 9:36:41 AM
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6/23/2015 93.
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Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Growth Management Department Staff
DIVISION: Planning and Zoning
AMENDMENT CYCLE: 2015 LDC Amendment Cycle l
LDC SECTION(S): 2.03.09 Open Space Zoning Districts
4.02.03 Specific Standards for Location of Accessory Buildings and
Structures
CHANGE: To introduce a 50 -foot setback requirement for Golf clubhouse and maintenance
buildings. Previously, the 50 -foot setback was required for clubhouses and maintenance
buildings when located adjacent to residential zoning districts. The amendment proposes to add
the same setback requirement for all zoning districts. Additionally, the amendment corrects a
minor scrivener error.
REASON: Currently, the LDC does not identify an accessory use setback requirement between
golf course maintenance buildings and any residential or non - residential property. Further, a
recent Planning Commission meeting highlighted the lack of setback requirements for golf
courses maintenance buildings.
Prior to the re- codification of the LDC in 2004, Section 2.2.1.4.3 of the Golf Course zoning-
district contained a 50 -foot setback for those permitted accessory uses adjacent to any residential
district. The provision read as follows:
"Minimum Yard Requirement. A fifty foot (50') yard setback requirement together with
landscaping and buffering pursuant to Section 2.4.7.4, buffer type "b" shall be provided
adjacent to any residential district which is contiguous to the area of the golf course upon
which is located the clubhouse and all related activities to the clubhouse, and adjacent to
all maintenance buildings. The length of the buffer shall be of a sufficient distance to
block the view of recreational activities, parking and any activities relative to any other
buildings, structures or outside activities from contiguous residences."
The same provision was previously adopted by Ordinance 92 -73.
When Ordinance 2004 -41 was adopted, the Open Space Zoning District was created to include
the Golf Course zoning district but limited the provision of uses to a golf course and nonnal
accessory uses including certain uses of a commercial nature. Most recently Ordinance 2008 -11
identified all the pennitted, accessory, and conditional uses in this zoning district, but the setback
requirement for structures were not acknowledged.
Additionally, a scrivener's error in LDC section 2.03.09 A. I., "RMF -6" district is corrected to
read "GC" district.
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GLIFrent
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Staff reviewed seventeen approved site development plans for golf course maintenance building
setbacks with abutting residential and non - residential zoned properties. The review found a 50-
foot setback would not create any new non - conforming structures.
In looking into neighboring counties, Lee County's golf course district sets forth a minimum golf
clubhouse rear, front, and side yard setback of 50 feet plus one -half ('/2) the height of the building
or structure from abutting residential neighborhoods.
DSAC -LDR RECOMMENDATIONS: The subcommittee approved unanimously with
reformatting footnotes.
DSAC RECOMMENDATIONS: The Development Services Advisory Committee
unanimously approved DSAC -LDR Subcommittee's recommendation.
PLANNING COMMISSION RECOMMENDATIONS: On May 21, 2015, the Planning
Commission unanimously approved the proposed amendment.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: Ordinance 92 -73, Ordinance 2004 -41 and 2008-
1 l . Lee County LDC Section l 11/4 -372 Golf Course District.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE:
Prepared by: Richard Henderlong, Principal Planner, 4/17/15, 5/22/15
Amend the LDC as follows:
2.03.09 Open Space Zoning Districts
A. Golf Course District "GC ". The purpose and intent of "GC" district is to provide lands for
golf courses and normal accessory uses to golf courses, including certain uses of a
commercial nature. The GC district shall be in accordance with the urban mixed use
district and the agricultural rural district of the future land use element of the Collier
County GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the RMF= 6 GC
district.
a. Permitted uses.
1. Golf courses.
b. Accessory Uses,
1. Uses and structures that are accessory and incidental to uses
permitted as of right in the GC district.
2. Recreational facilities that serve as an integral part of the
permitted use, including but not limited to clubhouse, community
center building, practice driving range, shuffleboard courts,
swimming pools and tennis facilities, snack shops and restrooms.
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4.02.03 Specific Standards for Location of Accessory Buildings and Structures
A. For the purposes of this section, in order to determine yard requirements, the term
"accessory structure" shall include detached and attached accessory use structures
or buildings notwithstanding the attachment of such structure or building containing
the accessory use to the principal use structure or building. Accessory buildings
and structures must be constructed simultaneously with or following the construction of
the principal structure and shall conform with the following setbacks and building
separations.
* * * * * * * * * * * * *
Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront
Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and
Estates (E) ** 2
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t L. Fe nh
' deleted
TG)"
Setbacks
v th is GYFFent teA W be
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3.
Pro shops with equipment sales, no greater than 1,000 square
Front
feet.
4.
Restaurants with a seating capacity of 150 seats or less provided
1.
that the hours of operation are no later than 10:00 p.m.
5.
A maximum of two residential dwellings units for use by golf
SPS
course employees in conjunction with the operation of the golf
2.
course.
6.
Golf maintenance buildings.
C. Conditional uses. The following uses are permissible as conditional
uses in the GC district, subject to the standards and provisions
established in LDC section 10.08.00.
1.
Commercial establishments oriented to the permitted uses of the
SPS
district including gift shops; pro shops with equipment sales in
1/1,
excess of 1,000 square feet; restaurants with seating capacity of
Swimming pool and /or screen enclosure
one- and two-family)
greater than 150 seats; cocktail lounges, and similar uses,
10
feet'
primarily intended to serve patrons of the golf course.
# # # #
# # # # # # # # #
4.02.03 Specific Standards for Location of Accessory Buildings and Structures
A. For the purposes of this section, in order to determine yard requirements, the term
"accessory structure" shall include detached and attached accessory use structures
or buildings notwithstanding the attachment of such structure or building containing
the accessory use to the principal use structure or building. Accessory buildings
and structures must be constructed simultaneously with or following the construction of
the principal structure and shall conform with the following setbacks and building
separations.
* * * * * * * * * * * * *
Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront
Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and
Estates (E) ** 2
3
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Setbacks
Front
Rear
Side
Structure to
structure
If Detached)
1.
Parking garage or carport, single-family
SPS
SPS
SPS
10 feet
2.
One-story parking structures
SPS
SPS
SPS
10 feet
3.
Multistory parking structures
SPS
SPS
SPS
1/1,
4.
Swimming pool and /or screen enclosure
one- and two-family)
SPS
10
feet'
SPS
N
5.
Swimming pool (multi - family and
commercial )
SPS
20
feet
15 feet
N
6.
Tennis courts (private) (one- and two - family)
SPS
15
feet
SPS
10 feet
7.
Tennis courts (multi - family and commercial)
SPS
35
feet
SPS
20 feet
8.
Boathouses and boat shelters (private)
SPS
N/A
7.5 feet or
15 feet
10 feet
See subsection 5.03.06 F.
9.
Utility buildings
SPS
SPS
10 feet
=0 feet
10.
Chickee, barbecue areas
SPS
10
SPS
I N
3
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N = None.
N/A = Not applicable.
NP = Structure allowed in rear of building only.
SPS = Calculated same as principal structure.
"* = All accessory structures in Rural Agricultural and Estates zoning districts must meet
principal structure setbacks.
11 foot of accessory height = 1 foot of building separation.
!In those cases where the coastal construction control line is involved, the coastal
construction control line will apply.
320 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of
bank, except Marco Island and Isles of Capri which may construct to a maximum of
seven feet above the seawall with a maximum of four feet of stem wall exposure, with
the rear setback of ten feet.
420 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of
bank, except Marco Island and Isles of Capri which may construct to a maximum of
seven feet above the seawall with a maximum of four feet of stem wall exposure, with
the rear setback of ten feet.
s The setback shall apply to external boundaries of the golf course district and shall be
inclusive of separately platted buffer tracts.
# # # # # # # # # # # # #
4
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feet
11.
Davits, hoists and lifts
N/A
N/A
7.5 feet or
15 feet
SPS
12.
Attached screen porch
SPS
10
feet4
SPS
SPS
13.
Unlisted accessory
SPS
SPS
SPS
10 feet
14.
Docks, decks and mooring pilings
N/A
N/A
7.5 feet or
15 feet
N/A
15.
Boat slips and rams (private)
N/A
N/A
7.5 feet
N/A
16.
Satellite dish antennas
NP
15
feet
SPS
10 feet
17.
Permanent emergency generators
NP
10
feet
See Sec.
4.02.01
D.13
N/A
18.
Golf clubhouse and maintenance buildings
50
feet
50
feet
50
feet
N/A
N = None.
N/A = Not applicable.
NP = Structure allowed in rear of building only.
SPS = Calculated same as principal structure.
"* = All accessory structures in Rural Agricultural and Estates zoning districts must meet
principal structure setbacks.
11 foot of accessory height = 1 foot of building separation.
!In those cases where the coastal construction control line is involved, the coastal
construction control line will apply.
320 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of
bank, except Marco Island and Isles of Capri which may construct to a maximum of
seven feet above the seawall with a maximum of four feet of stem wall exposure, with
the rear setback of ten feet.
420 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of
bank, except Marco Island and Isles of Capri which may construct to a maximum of
seven feet above the seawall with a maximum of four feet of stem wall exposure, with
the rear setback of ten feet.
s The setback shall apply to external boundaries of the golf course district and shall be
inclusive of separately platted buffer tracts.
# # # # # # # # # # # # #
4
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PUBLIC NOTICE PUBLIC NOTICE PUBLIC
NOTICE OF INTENT TO CONSIDER ORDINANCES
NOTICE OF LAND DEVELOPMENT CODE CHANGE
Notice is hereby given that on Tuesday, June 23, 2015, in the Board of County Commissioners Meeting
Room, 3rd Floor, wilding "F." Collier County Government Center. 3299 Tamiami Trail East, Naples, Florida
34112, the Collier County Board of County Commissioners will consider amendments to the Collier
County Land Development Code. The meeting will commence at 8:00 A.M. The titles of the proposed
ordinances are as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY:
FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER 2— ZONING DISTRICTS
AND USES, INCLUDING SECTION 2.03.08 OPEN SPACE ZONING DISTRICTS, TO ADD GOLF
MAINTENANCE BUILDINGS AS A NEW ACCESSORY USE WITHIN THE GOLF COURSE ZONING
DISTRICT; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING
SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS
AND STRUCTURES, TO ESTABLISH SETBACK REQUIREMENTS FOR GOLF CLUBHOUSE
AND MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND GOLF COURSE LOTS IN
ZONING DISTRICTS OTHER THAN RURAL AGRICULTURAL AND ESTATES; SECTION THREE,
CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE.
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER,
ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE
— SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE
STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES
WITH FUEL PUMPS AND TO ALLOW FACILITIES WITH FUEL PUMPS WITH B OR MORE FUEL
PUMPS AND WITHIN 250 FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL THROUGH
A CONDITIONAL USE HEARING; SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN
STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS;
SECTION THREE, CONFLICT AND SEVERABILITY SECTION FOUR, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE.
Al: interested parties are invited to ap-
pear and be :heard. CopiE s of the pro -
poseo amendments are available for
I ublic inspection in the Zoning and Land
Develooment Review Seciion, Growth
Management Department, 2600, N. Home -
snoe Dnve, Naples, Florida, between the
hours of 8:00 A,M, and 5:00 P.M., Monday
through Friday.
Furthermore, materials will be made avail-
able for inspection at the Collier County
Clerk's Office, Building F, Fourth Floor,
Suite 401, Collier County Government
Center, East Naples, one week prior to the
scheduled hearing.
If a person decides to appeal any decision I
made by the Collier County Board of County Commissioners with respect to any matter considered at
such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi-
dence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this proceed-
ing, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier
County Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356,
(239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired
are available in the Board of County Commissioner's Office.
Collier County Board of County Commissioners
Collier County, Florida
Tim Nance, Chairman
Dwight E. Brock, Clerk
By: Martha Vergara, Deputy Clerk
(SEAL)
No. 231200660 ____ June 10, 2015
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