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Agenda 11/18/2014 Item # 16A3111/18/2014 16.A.31. EXECUTIVE SUMMARY Recommendation to approve a proposed list of tentative Land Development Code Amendments for two 2015 Land Development Code Amendment Cycles. OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of a tentative list of Land Development Code Amendments (LDC) for the 2015 calendar year in order to best serve the interest of the public. CONSIDERATIONS: The proposed list of tentative Land Development Code Amendment (LDC), Attachment 1, is comprised of LDC Amendments that have been identified by the Board, Planning Commission, County Staff and community members over the past year. The list encompasses a broad range of issues including comprehensive revisions to existing LDC sections and general clean up amendments. Those that are bolded signify that a greater amount of staff time and resources will be allocated to the topic. The list is broken into two cycles, the first expected to be completed prior to the Board's summer recess and the second cycle expected to be completed prior to the end of the 2015 calendar year. In addition, privately initiated LDC text amendments would be included within the cycles, as applicable. FISCAL IMPACT: The fiscal impact to the County will be comprised of staffs time and legal advertising costs preparing the amendments. Each individual amendment also notes the fiscal impact as it relates to the amendment. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. LDC Sec. 10.02.09 authorizes two annual LDC amendment cycles as scheduled by the County Manager, with amendments required to be consistent with both the LDC and the Growth Management Plan. The LDC requires no Board action on this. By this Executive Summary staff is requesting Board review and concurrence of the proposed amendments and amendment schedule, which approval requires majority vote. —JAK GROWTH MANAGEMENT IMPACT: The decision of the Board will not have an effect on the County's Growth Management Plan. Each individual amendment will also provide considerations with regards to the Growth Management Plan. RECOMMENDATION: That the Board approves the proposed list of tentative 2015 Land Development Code Amendments and schedule. Prepared By: Caroline Cilek, Land Development Code Manager, Growth Management Division Attachments: Proposed list of tentative 2015 Land Development Code Amendments. Packet Page -1366- 11/18/2014 16.A.31. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.31. Item Summary: Recommendation to approve a proposed list of tentative Land Development Code Amendments for two 2015 Land Development Code Amendment Cycles. Meeting Date: 11/18/2014 Prepared By Name: CilekCaroline Title: Manager - LDC, Environmental Services 10/23/2014 2:59:42 PM Submitted by Title: Manager - LDC, Environmental Services Name: CilekCaroline 10/23/2014 2:59:43 PM Approved By Name: McLeanMatthew Title: Project Manager, Principal, Operations and Regulatory Management Date: 10/28/2014 4:02:42 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 10/29/2014 11:49:53 AM Name: BosiMichael Title: Director - Planning and Zoning, Comprehensive Planning Date: 10/29/2014 3:57:34 PM Name: FrenchJarnes Title: Director - Operations Support, Operations & Regulatory Management Date: 10/30/2014 6:58:47 PM Name: StoneScott Packet Page -1367- 11/18/2014 16.A.31. Title: Assistant County Attorney, CAO Land Use /Transportation Date: 11/5/2014 8:29:18 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 11 /5/2014 3:43:20 PM Name: KlatzkowJeff Title: County Attorney, Date: 11 /6/2014 9:23:50 AM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 11/6/2014 11:27:24 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 11/7/2014 3:26:21 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/10/2014 10:55:39 AM Packet Page -1368- 11/18/2014 16.A.31. Board and Planning Commission Directed 1. LDC Section 3.05.08 Provide criteria when prohibited exotic vegetation may remain on property when developed. 2. LDC Section 5.04.00 Revise and update the Temporary Uses and Structures section. and address farmer's markets. 3. LDC Section 5.06.00 Amend the sign code to address commercial signage, including commercial sign holders and LED signs. 4. LDC Section 10.03.06 Identify that a NIM is required for a SRA Amendment (Planning Commission). Planning and Zoning Amendments 5. LDC Section 2.03.00 Address use sections to encourage corporate campuses. 6. LDC Section 2.03.00 Amend the oil well and gas exploration provisions to address proximity to residential property. 7. LDC Section 4.02.00 Re- codify the maximum height for accessory structures in the Residential Single Family (RSF) districts. 8. LDC Section 4.02.01 Re- codify Table 2.1 to reflect Golf Course setback requirements. 9. LDC Section 4.02.04 Address cluster housing and zero lot line developments. 10. LDC Section 4.02.08, 6.06.03 Address lighting, streetlight, and dark sky standards. 15. Appendixes Codify an existing policy regarding re -plats for different 11. LDC Section 4.03.00 dwelling types to provide a buffer strip. Correct an error in the Collier County RLSA Overlay SRA 12. LDC Section 4.08.07 Characteristics Chart. The table refers to underlined uses, however there are no underlined uses listed. 18. LDC Section 4.06.05 Clarify the deviation from wall requirements in LDC section 5.03.02 B.2.b, re- codify the Administrative fence waiver. and 13. LDC Section 5.03.02 add a cross reference in the landscaping provisions regarding the 19. LDC Section 6.01.02 commercial /residential wall requirement. Amend and /or extend the Site Improvement Plan 14. LDC Section 10.02.05 requirements for Immokalee Nonconforming Mobile Home Parks. Engineering Amendments 15. Appendixes Add Perfonnance Bond Templates to the Appendixes. 16. LDC Section 4.03.04 Clarify lot frontage requirements in the lot split section and remove conflicting provisions. 17. LDC Section 4.06.05 Amend slope treatment requirements to clarify they do not apply to single family lots. 18. LDC Section 4.06.05 Amend the 200 sq. ft. rip -rap maximum contained in the Slope Treatment Table. Amend the section to relay there shall be no encroachment of 19. LDC Section 6.01.02 permanent above ground structures in the easement unless they are consistent with the established easement provisions. Packet Page -1369- 11/18/2014 16.A.31. 20. LDC Section 10.02.04 Correct an inadvertent error in the Minor Final Plat section Environmental Amendments 21. LDC Sections 2.03.07 Restructure the Special Treatment (ST) Overlay district. 22. LDC Section 3.05.07 Delete inconsistent language in LDC concerning setbacks from LDC Section 5.06.00 preserves. 23. LDC Section 10.02.06 Revise the agricultural clearing permit provisions to be Remove specific LOS language from the LDC and reference the Capital Improvement Element. consistent with the GMP and provide clarity on process. LDC Section 9.04.04 Revise Coastal Construction Setback Line (CCSL) permit 24. LDC Section 10.02.06 section to exempt environmental restoration and BCC Examine a process and /or standards to address infill development. approved beach and inlet restoration projects. Transportation Amendments 3 ` r 25. LDC Section 6.06.00 Remove references to Area of Significant Influence (ASI) in " Update the applicable sections of the LDC to identify the transportation planning provisions. 26. LDC Section 6.06.06 Update the sidewalk design guideline images with FDOT Miscellaneous Amendments 27. LDC Section 3.03.07 Extend the Interim Deviations for the Immokalee Urban Area. 33. Revise several Certificate of Public Facility Adequacy (COA) Eliminate reference to DRI reference in the RLSA provisions. provisions, including: LDC Section 5.06.00 a. Remove the timeframes for COA for temporary 28. LDC Section 10.02.07 structures;` Remove specific LOS language from the LDC and reference the Capital Improvement Element. b. Permit developers to transfer remaining funds to LDC Section 9.04.04 same /adjacent districts; 37. c. Amend the final payment date for roads and non -road Examine a process and /or standards to address infill development. impact fees'. Second, Cycle. 3 ` r Board and Planning Commission Directed 29. All applicable LDC sections " Update the applicable sections of the LDC to identify the 39. Hearing Examiner as a final decision maker. Planning and Zoning Amendments 40. 30. LDC Section 2.03.00 Amend the ACSC provisions to be consistent with State of Florida statutes (GMPA must be accomplished first). Marco Island Reservoirs Plan. Coordinate with the City of Marco Island to ensure they are provided the opportunity to 31. LDC Section 3.06.06 comment when County applications adjacent to them may affect them. Suggested overlay for their reservoir areas similar to other municipalities. 32. LDC Section 4.06.00 Consider incentivizing Florida - Friendly landscape, as outlined in Florida Statutes. 33. LDC Section 4.08.07, 4.08.07 Eliminate reference to DRI reference in the RLSA provisions. 34. LDC Section 5.06.00 Evaluate trellis logo signage. 35 LDC Section 6.02.03, 6.02.09 Remove specific LOS language from the LDC and reference the Capital Improvement Element. 36. LDC Section 9.04.04 Address glitches within the After the Fact Variance criteria. 37. LDC Section 10.02.03 Examine a process and /or standards to address infill development. 38. LDC section 10.03.05, 10.03.06 Streamline public notice, including signage procedures. Engineering Amendments 39. All applicable LDC sections Update the NAVD/NGVD requirements. 40. LDC Section 3.02.10 Revise section to reflect the final subdivision construction plans 2 Packet Page -1370- 11/18/2014 16.A.31. 47 LDC Section 10.02.05 are to be consistent with the need to minimize flood damage, rather than "subdivision plat ". 41. LDC Section 3.07.02 Update section 3.07.02 C regarding the DFIRM. 42. LDC Section 4.03.05 Amend house pad height requirements. 43. LDC Section 4.06.04 Clarify that all stockpiles, regardless of origin (excavation or 49. LDC Section 3.05.07 clearing) require management. LDC Section 6.05.01 Review stormwater retention /detention design standards for 44. single- family dwelling units, two- family dwelling units, and duplexes. LDC Section 6.05.01 Address the water management system sections. 45. Consolidate, coordinate, and identify what requirements are 52. Appendixes required for residential vs. non - residential development. 46. LDC Section 6.05.02 Revise and update the seawall provisions and include method of Miscellaneous Amendments construction. 47 LDC Section 10.02.05 Clarify the requirements for record drawings for site plans and final subdivision plats. 48 Code of Laws Section 22 -106 Relocate Excavation provisions to the LDC. through 22 -120 Environmental Amendments 49. LDC Section 3.05.07 Revise preserve signage'requirements. Transportation Amendments 50. LDC Section 6.06.00 Re- implementation of de- minimis terminology (may now be deferred to the update of Ord. 06 -299, TIS Guidelines). 51. LDC Section 6.06.06 Revise the trip generator caps based on zoning. Remove Appendix B and reference Florida Department of 52. Appendixes Transportation (FDOT) standards and revise Appendix C for grammatical errors. Miscellaneous Amendments Allow for on- street parking in a Central Business Districts 53. LDC Section 2.03.00 (CBD) via a Right -of -Way permit (Immokalee CBD, revise Bayshore Gateway Triangle, etc.). 54. LDC Section 2.03.00 Review the Immokalee Urban District Overlay permitted, accessory, and conditional uses. 55. LDC Section 2.06.00 Address criteria established in the Affordable Housing Density Bonus section. Packet Page -1371-