Agenda 03/26/2013 Item #16D23/26/2013 16.D.2.
EXECUTIVE SUMMARY
Recommendation to authorize a waiver to the Land Development Code (LDC) Section 9.03.02 G for
the County owned properties located at 5318 -5340 Gilchrist Street to allow for needed
rehabilitation and repair in order to eventually dispose of the properties from County ownership.
OBJECTIVE: To allow for faster rehabilitation of 5318 -5340 Gilchrist Street in order to dispose of the
properties through a Developer Agreement.
CONSIDERATIONS: Collier County has used Neighborhood Stabilization Program (NSPI) funds to
acquire and rehabilitate foreclosed and abandoned properties. The properties located at 5318, 5322, 5326,
5330, 5334, and 5340 Gilchrist Street, Naples, FL, were purchased through the NSPlprogram to provide
affordable rental housing to residents in Collier County.
An integral requirement of the NSP program is to use 25% of NSP funds to provide affordable housing to
individuals whose household income is no greater than 50% of area median income. The Department of
Housing and Urban Development (HUD) has encouraged its grantees to work towards this goal by
providing affordable rental housing. As per the NSP Exit Strategy, it is the goal of the County to convey
the affordable rental units to a developer to rehabilitate and continue engaging in affordable rental
activities.
The properties located at Gilchrist Street are currently zoned as RSF-4 and are located within the Urban
designation (Urban Mixed Use District, Urban Residential Subdistrict) of the Future Land Use Element of
�1 the Growth Management Plan. RSF-4 zoning district allows single family housing; however the
properties were constructed prior to the 1975 Zoning Ordinance. As a result the properties are consistent
with the MF -2 zoning that permitted two- family /duplex and multi - family dwellings at the time the
dwellings were constructed. The properties at 5318 -5340 Gilchrist St. have been deemed to be legal non-
conforming structures.
As the properties have been deemed to be legal non - conforming structures they are subject to the
provisions contained in Section 9.03.02 G of the LDC:
"G. Repairs and maintenance. On any nonconforming structure or portion of a structure and on any
structure containing a nonconforming use, work may be done in any period of twelve (12)
consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls,
fixtures, wiring, or plumbing to an extent not exceeding twenty (20) percent of the current
assessed valuation of the structure (or of the nonconforming portion of the structure if a
nonconforming portion of a structure is involved), provided that the cubic content of the structure
existing at the date it becomes nonconforming shall not be increased except subject further to the
exception provided at section 9.03.03 B., herein. "
This provision restricts the amount of work that may be done not to exceed 12 consecutive months on
ordinary repairs to an extent not exceeding 20% percent of the current assessed valuation of the structure.
It is necessary to conduct extensive rehabilitation on the properties in order to bring them up to HUD's
Housing Quality Standards (HQS) as required by the NSPI program.
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Staff has worked with the Purchasing Department to competitively bid out a developer agreement with
the purpose of conveying the properties for rehabilitation. Purchasing however did not receive back
responsible bids for the project with this issue listed as the major concern on the part of prospective
developers. It is staffs belief that this waiver alone will make this more attractive to a potential developer.
Therefore staff requests a waiver to Section 9.03.02 G of the LDC for a period of two (2) years effective
the day of this board meeting to allow for necessary rehabilitation, leading to disposition through a
developer agreement. Should a waiver be granted it will not amend the LDC, byt will grant a one -time
waiver to the LDC for the purpose of rehabilitating the property and to bring the units up to Code and
HQS standards. This waiver will not modify the current rehabilitation funding lignit of $50,000 per unit
without prior Board approval as set forth by the Board approved NSP Administrative Plan.
FISCAL IMPACT: There is no charge to the Housing Grant Fund (121) Project x;3050.
LEGAL CONSIDERATIONS: This matter has been reviewed by the County Attorney, is legally
sufficient and requires majority vote for approval. Staff has advised me that these repairs are urgent and
necessary and are based on public health, safety and welfare issues. Accordingly, it is my opinion that the
Board is free to waive the 12 month/20% limitation requirement of Section 9.03.02 G of the LDC (if
required at all, as the section appears to be limited to ordinary repairs and maintenance) and allow all of
this required work to be completed in a timely manner. -JAK
GROWTH MANAGEMENT IMPACT: The Neighborhood Stabilization Pwgram implements the
goals, objectives and policies set forth in the Housing Element of the Growth Management Plan.
RECOMMENDATION: To authorize a one time, two (2) year waiver to Section 9.03.02 G of the Land
Development Code for the properties located at 5318 -5340 Gilchrist St. Naples, FL.
Prepared By: Geoffrey Magon, Grants Coordinator, Housing, Human & Veteran Services
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3/26/2013 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to authorize a waiver to the Land Development Code
(LDC) Section 9.03.02 G for the County owned properties located at 5318 -5340 Gilchrist Street
to allow for needed rehabilitation and repair in order to eventually dispose of the properties
from County ownership.
Meeting Date: 3/26/2013
Prepared By
Name: MagonGeoffrey
Title: Grants Coordinator
2/28/2013 10:02:47 AM
Approved By
Name: LarsenKathleen
Date: 3/5/2013 12:30:55 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 3/6/2013 8:49:49 PM
Name: SonntagKristi
Date: 3/7/2013 11:14:06 AM
Name: MoscaMichele
Title: Planner, Principal,Comprehensive Planning
Date: 3/7/2013 1:33:11 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 3/7/2013 1:49:53 PM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 3/7/2013 2:13:42 PM
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Name: CarnellSteve n
Title: Director - Purchasing/General Services,Purchasing
Date: 3/11/2013 8:56:41 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 3/14/2013 3:56:24 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/15/2013 10:27:44 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/15/2013 10:59:24 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/18/2013 9:50:51 AM
Name: OchsLeo
Title: County Manager
Date: 3/18/2013 11:45:35 AM
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Collier County, Florida, Land Development Code >> - CHAPTER -9 VARIATIONS FROM CODE
REQUIREMENTS >> 9.03.00 - NONCONFORMITIES >>
9.03.00 - NONCONFORMITIES
9.03.01 Generally
A. Intent. Within the zoning districts established by the LDC or amendments that may later be
adopted, there may exist lots, structures, uses of land, water and structures, and
characteristics of use which were lawful before the LDC was adopted or amended, but which
would be prohibited, regulated, or restricted under the terms of LDC or future amendments. It
is the intent of this section to permit these nonconformiiies to continue until they are
voluntarily renovated or removed as required by the LDC, but not to encourage their survival.
It is further the intent of the LDC that the nonconformities shall not be enlarged upon,
expanded, intensified, or extended, nor be used as grounds for adding other structures or
uses prohibited elsewhere in the same district..
B. Declaration. Nonconforming uses are declared by this section to be incompatible with
permitted uses in the districts involved_ A nonconforming use of a structure, a
nonconforming use of land or water, or a nonconforming use of structure, land or water
in combination shall not be extended or enlarged after the effective date of the LDC or
relevant amendment thereto by attachment on a structure or premises of additional signs
intended to be seen from off the premises, or by the addition of other uses of a nature which
would be prohibited generally in the district involved, except as provided for within section
9.03.03 B:4.
C. Vested projects. To avoid undue hardship, nothing in the LDC,shall be deemed to require a
change in the plans, construction, or designated use of a building or property on which a
building permit had been applied for prior to the effective date of adoption of relevant
amendment of the LDC. In addition, nothing in the LDC shall be deemed to require a change
in the plans, construction, or designated use of any property for which a development plan
was lawfully required and approved prior to the effective date of adoption of relevant
amendment of the LDC, provided that such plan shall expire two (2) years from the date of
said approval, or one (t) year from the date of adoption of the LDC, whichever shall first
occur, if no actual construction has been commenced; and thereafter, all development shall
be in accordance with the zoning regulations then in effect. Any such approved plat or plan
may be amended by approval of the BCC, provided the degree of nonconformity with the
LDC shall not be increased.
D. Casual, ternporaT or illegal use.. The casual, temporary, or illegal use of land or structures,
or land and structures in combination, shall not be sufficient to establish the existence of a
nonconforming use or to create rights in the continuance of such use.
E. Uses under conditional use provisions not nonconforming uses. All uses lawfully existing
on the effective date of the LDC or any subsequent amendment to this Code, which are
permitted as a conditional use in a district under the terms of the LDC or any subsequent
amendment to this Code, shall not be deemed a nonconforming use in such district, but
shall without further action be deemed to have a conditional use permit.
F. Change to conforming use requires future conformity with district regulations. Where a
structure, or structure and premises in combination, in or on which a nonconforming use
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is replaced by a permitted use shall thereafter conform to the regulations for the district in
which the structure is located, and [sic] the nonconforming use shall not thereafter be
resumed nor shall any other nonconforming use be permitted.
G. Nonconformities not involving the use of a principal structure. Nonconformities not
involving the use of a principal structure, including, but not limited to, open storage,
building supplies, vehicles, mobile homes, trailers, equipment and machinery storage,
junkyard, commercial animal yards and the like, shall be discontinued within one (1) year of
the effective date of the LDC or relevant amendment of the LDC.
H. Safety of nonconformities.
If a nonconforming structure or portion of a structure, or any structure containing
a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or
maintenance, and is declared by the duly authorized official of Collier County to be
unsafe or unlawful by reason of physical condition, it shall not thereafter be restored,
repaired, or rebuilt except in conformity with the regulations of the district in which it is
located.
2. If a nonconforming structure or portion of a structure, or any structure containing
a nonconforming use, becomes physically unsafe or unlawful for reasons other this
lack of repairs or maintenance, nothing contained herein shall be deemed to prevent
the strengthening or restoring to a safe condition of such building or part thereof
declared to be unsafe by the authorized official of Collier County charged with the
public safety; provided, however, that where such unsafeness or unlawfulness is the
result of damage from destruction, the percentage of damage limitations set out in
section 9.03.02 F.3., as the case may be, shall apply.
(Ord. No. 04 -72, § 3. Y)
9.03.02 - Requirements for Continuation of Nonconformities
Where, at the effective date of adoption or relevant amendment of the LDC, lawful use of
lands or waters exists which would not be permitted under the LDC, the use may be continued, so
long as it remains otherwise lawful, provided:
A. Enlargement, increase, intensification, alteration. No such nonconforming use shall be
enlarged, intensified, increased, or extended to occupy a greater area of land, structure, or
water than was occupied at the effective date of adoption or relevant amendment of the LDC,
except a single - family, duplex, or mobile home use as provided for within section 9.03.03
B.4.
B. Extension of use in building manifestly designed for such use. Any nonconforming use
may be extended throughout any parts of a building which were manifestly arranged or
designed for such use at the effective date of adoption or relevant amendment of the LDC.
Any nonconforming use which occupied a portion of a building not originally designed or
intended for such use shall not be extended to any other part of the building. No
nonconforming use shall be extended to occupy any land outside the building, nor any
additional building on the same lot or parcel, not used for such nonconforming use at the
effective date of adoption or relevant amendment of the LDC.
C. Change in tenancy or ownership. There may be a change in tenancy, ownership, or
management of a nonconforming use provided there is no change in the nature or
character of such nonconforming use.
D. Change in use. If no structural alterations are made, any nonconforming use of a
structure, or of a structure and premises in combination may be changed to another
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nonconforming use of the same character, or to a more restricted nonconforming use,
�. provided the board of zoning appeals, upon application to the County Manager or designee,
shall find after public notice and hearing that the proposed use is equally or more appropriate
to the district than the existing nonconforming use and that the relation of the structure to
surrounding properties is such that adverse effect on occupants and neighboring properties
will not be greater than if the existing nonconforming use is continued. In permitting such
change, the board of zoning appeals may require appropriate conditions and safeguards in
accordance with the intent and purpose of the LDC.
E. Movement No such nonconforming use shall be moved in whole or in part to any portion of
the lot or parcel other than that occupied by such use at the effective date of adoption or
relevant amendment of the LDC.
F. Discontinuance or destruction.
1 • If any such nonconforming use ceases for any reason (except where governmental
action impedes access to the premises) for a period of more than 1 year, any
subsequent use of land shall conform to the regulations specified by the LDC for the
district in which such land is located.
2. Notwithstanding the above definitions of discontinuance relative to a nonconforming
use of land or water or structure, where the use of land, water or a structure has
ceased for a period of more than 1 year, and where such property or use is deficient
in the required amount of paved, striped parking, including parking and access to the
structure for the disabled; water management facilities; landscaping; and other site
improvements as required in Chapter Four of the LDC, prior to the recommencement
of any use of land, water or structure, said deficiencies as may apply shall be
n
remedied, to the greatest extent possible given the physical constraints on the
property, via the appropriate administrative processes found in Chapter Ten, or as
otherwise required by the LDC.
3. When nonconforming use status applies to a major structure or structures, or to a
major structure or structures and premises in combination, removal or destruction of
the structure or structure shall eliminate the nonconforming status of the land.
"Destruction" of the structure for purposes of this subsection is hereby defined as
damage to the extent of more than fifty (50) percent of the replacement cost at the
time of the destruction. Upon removal or destruction as set out in this section, the use
of land and structures shall therefore conform to the regulations for the district in
which such land is located.
G. Repairs and maintenance. On any nonconforming structure or portion of a structure and
on any structure containing a nonconforming use, work may be done in any period of
twelve (12) consecutive months on ordinary repairs, or on repair or replacement of
nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding twenty (20) percent
of the current assessed valuation of the structure (or of the nonconforming portion of the
structure if a nonconforming portion of a structure is involved), provided that the cubic
content of the structure existing at the date it becomes nonconforming shall not be
increased except subject further to the exception provided at section 9.03.03 B., herein.
H. Subdivision or structural additions. No land in nonconforming use shall be subdivided, nor
shall any structures be added on such land except for the purposes and in a manner
conforming to the regulations for the district in which such land is located; provided, however,
that subdivision may be made which does not increase the degree of nonconformity of the
use.
(Ord. No. 12 -38, § 3.BB)
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9.03.03 - Types of Nonconformities
A. Nonconforming lots of record. In any district, any permitted or permissible structure may be
erected, expanded, or altered on any tot of record at the effective date of adoption or
relevant amendment to the LDC.
1 • The minimum yard requirements in any residential district except RMF -6 and E
estates) shall be as for the most similar district to which such lot of record most
closely conforms in area, width and permitted use, except that when possible the
greater of any yard requirement in either district shall apply, and except when
specifically provided for in the district regulations.
2. The minimum side yard requirement in any commercial or industrial district shall be
equal to the height of the proposed principal structure, or the minimum side yard
requirement in the district, whichever is lesser.
3. Nonconforming through lots, i.e., double frontage lots, legal nonconforming lots
of record with double road frontage, which are nonconforming due to inadequate
lot depth, in which case, the front yard along the local road portion shall be
computed at the rate of fifteen (15) percent of the depth of the lot, as measured from
edge of the right -of -way.
4. The nonconforming through lot utilizing the reduced frontage shall establish the lot
frontage along the local road only. Frontage along a collector or arterial roadway to
serve such lots is prohibited. front yards along the local road shall be developed with
structures having an average front yard of not more than six (6) feet; no building
thereafter erected shall project beyond the average line so established.
5. When two or more adjacent legal nonconforming lots of record are either
n
combined under a single folio or parcel number for taxing purposes by the property
appraiser's office, or combined as a single parcel by recording the previously separate
non - conforming lots into one legal description, neither or both of these actions will
prohibit the owner or future owners from subsequently splitting the parcel into two or
more folio or parcel numbers for tax purposes, or severing the parcels into their
former legal descriptions as legal nonconforming lots of record according to the
original legal description(s) at the time the property was recognized as legal
nonconforming. Prior to any two or more adjacent legal non - conforming lots being
combined for development, a legally binding document must be recorded to reflect a
single parcel with a unified legal description. Once such a document has been
recorded to amend the legal description and a development permit has been
approved by the County for development as that unified parcel, the property can not
be split or subdivided except as may then be allowed by this Code.
B. Nonconforming structures. Where a structure lawfully exists at the effective date of the
adoption of this ordinance or relevant amendment that could not be built under the LDC by
reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or
requirements other than use concerning the structure, such structure may be continued so
long as it remains otherwise lawful, subject to the following provisions:
No such nonconforming structure may be enlarged or altered in a way which
increases its nonconformity, but any structure or portion thereof may be altered to
decrease its nonconformity; provided, however, that the alteration, expansion, or
replacement of nonconforming single - family dwellings, duplexes or mobile
homes shall be permitted in accordance with section 9.03.03 B.4. �
2. Should such nonconforming structure or nonconforming portion of a structure be
destroyed by any means to an extent of more than fifty (50) percent of its actual
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replacement cost at time of destruction, as determined by a cost estimate submitted to
�-� the site development review director, it shall not be reconstructed except in
conformity with provisions of the LDC.
a• Docks and boathouses are not subject to the provisions of Section (B)(2)
above. docks and boathouses must be reconstructed to conform to the Code
only if the reconstruction of the dock or boathouse will expand or alter the
original nonconforming facility with regard to deck area, protrusion, setbacks,
or the addition of any covered structure, regardless of the percentage of
destruction or repairs performed. The determination of legal nonconforming
status will be established by presentation of a signed, sealed surrey, a copy of
the Property Appraiser's record, or other dated photography or documentation
showing that the facility existed in its present location and configuration prior to
1990. Any expansion of the facility, no matter how insignificant will void legal
nonconforming status and require strict compliance to the Code.
3. Should such structure be moved for any reason for any distance whatever, other
than as a result of governmental action, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
4. Nonconforming residential structures, which for the purpose of this section shall
mean detached single-family dwellings, duplexes or mobile homes in existence at
the effective date of this zoning Code or its relevant amendment and in continuous
residential use thereafter, may be altered, expanded, or replaced upon
recommendation of the Collier County Planning Commission and approval of the
Board of Zoning Appeals by resolution.
5. Notwithstanding the foregoing restrictions as to reconstruction, any residential
structure or structures in any residential zone district may be rebuilt after destruction
to the prior extent, height and density of units per acre regardless of the percentage
of destruction, subject to compliance with the applicable building code requirements
in effect at the time of redevelopment. In the event of such rebuilding, all setbacks
and other applicable district requirements shall be met unless a variance therefore is
obtained from the Board of Zoning Appeals. For the purpose of this section, a hotel,
motel, or boatel shall be considered to be a residential structure. Since the size and
nature of the alteration, expansion or replacement of such nonconforming
structures may vary widely, a site plan, and if applicable, preliminary building plans
indicating the proposed alteration, expansion or replacement shall be presented with
each petition. Prior to granting such alteration, expansion or replacement of a
nonconforming single - family dwelling, duplex or mobile home, the Planning
Commission and the BCC shall consider and base its approval on the following
standards and criteria:
a• The alteration, expansion, or replacement will not increase the density of the
parcel or lot on which the nonconforming single - family dwelling, duplex, or
mobile home is located;
b. The alteration, expansion, or replacement will not exceed the building height
requirements of the district most closely associated with the subject
nonconforming use;
C. The alteration, expansion, or replacement will not further encroach upon any
nonconforming setback;
''~ d• The alteration, expansion, or replacement will not decrease or further decrease
the existing parking areas for the structure;
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e. The alteration, expansion, or replacement will not damage the character or
quality of the neighborhood in which it is located or hinder the proper future i'`
development of the surrounding properties; and
f• Such alteration, expansion, or replacement will not present a threat to the
health, safety, or welfare of the community or its residents.
C. Requirements for improvements or additions to nonconforming mobile homes.
Improvements or additions to nonconforming mobile homes containing conforming
uses, in the A agriculture district only, shall be permitted if the addition or
improvement complies fully with the setback and other applicable regulations.
2. Issuance and reissuance of building permits when multiple mobile homes are
located on a single parcel of land: Where specific zoning districts permit mobile
home development and said lands have been substantially developed prior to the
effective date of the LDC with multiple mobile homes under singular ownership
without an approved site development plan, as required by Chapter Ten of the LDC,
no further building permits for the placement or replacement of mobile homes may
be obtained except as defined below.
3. Prior to issuance of any building permit for replacement of a mobile home, the
property owner or authorized agent shall provide the County Manager or designee,
or his designee, with three copies of a scaled drawing of the subject parcel which
indicates:
a• Proof of building permit issuance for structure being replaced.
b• The location of the structure to be replaced and its relationship to adjacent
mobile homes and parcel boundaries.
4. Prior to issuance of a building permit for any additional mobile home(s), the n
applicant or authorized agent shall obtain a site development plan, consistent with
Chapter 10 of the LDC. As part of the SDP application, building permit numbers of all
existing mobile homes shall be submitted.
5• In no case shall the issuance or reissuance of building permits cause the density of
the subject parcel to exceed that provided in the density rating system of the GMP or
the Immokalee future land use map, except as may be provided in section 9.03.03
B.4. of the LDC.
D. Nonconforming signs. See LDC section 5.06.09 for Nonconforming Sign Requirements.
(Ord. No. 09-43, § 3.B)
9.03.07 - Nonconformities Created or Increased by Public Acquisition
A. Applicability.
1 For purposes of this section, "acquisition" means any method of acquiring private
property for public use, including dedication, condemnation, or purchase.
2. This section applies to the acquisition for present or planned public use by the
following party or parties: (i) Collier County; (ii) another governmental entity; (iii) public
or private utility companies providing public service; and /or (iv) a private party or
parties under agreement with Collier County or other government entity.
B. Lot Area
1 Unimproved Lots: If an unimproved lot has sufficient area for the subdivision of three
(3) or fewer conforming lots, and part of the lot is acquired for public purpose, then it
may be subdivided after the acquisition to the same number of lots that could have
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been achieved prior to the acquisition. Each newly created lot must contain at least
eighty (80) percent of the required minimum lot area.
2. Improved or Unimproved Lots. No conforming lot otherwise qualifying for a lot split or
lot line adjustment pursuant to the provisions of this Code may be denied approval
solely on the grounds that the resulting lot or lots would be less than the required
minimum area for such lot(s) in the applicable zoning district as a result of acquisition,
from Feb. 14, 2006, if the newly created lots contain at least eighty (80) percent of the
required minimum lot area.
C • Other Nonconformities:
1 Required yards on improved lots, lot coverage on improved lots, and lot dimensions
rendered nonconforming or more legally nonconforming as a result of a portion being
acquired for public use, may be reduced by the same dimension, area, or amount
involved in the dedication, condemnation, purchase, or similar method of acquisition;
and
2. Any structure that is not located within the acquisition area, but is made
nonconforming in terms of a required yard or setback as a result of the acquisition,
need not be relocated, except as follows:
a• The County Manager or designee determines that leaving the structure or a
site related condition in its pre - acquisition location may create an unsafe
condition, in which case the structure shall be relocated the minimum distance
necessary to address the public safety concern or the site related condition
shall be modified to a safe condition; and
b• A front yard of at least ten (10) feet in depth shall be maintained for all building
n structures.
C. The resulting degree of nonconformity of the area and dimensions of a lot and
the required yards with this Code's then current requirements are considered
lawful unless or until the remaining lot or lots in combination are: (i) recreated
or replatted, combining the subject lot or lots with an adjacent lot or lots
resulting in a unified plan of development; or (ii) improved such that the value
of the proposed improvements are equal to or greater than 50 percent of the
total replacement value of the structures and site improvements on the lots or
lot combinations existing at the time of improvement. The replacement value
shall be calculated by a Florida licensed property appraiser. In the occurrence
of either condition (i) or (ii) above, the lot or lots must comply with the
requirements then established by this Code or as may be set forth within a
PUD if applicable. Otherwise, any legal and conforming site modification or
change of use shall not trigger a requirement to bring the nonconformity
created by the acquisition into conformance with the then required provisions.
3. Any other site related nonconformity or site related condition resulting from the
acquisition, including those rendered more nonconforming, shall be considered legally
nonconforming, including stormwater management facilities, landscaping, open
space, native vegetation, conservation areas, buffers and preserves, on- or off -site
parking, vehicle stacking, throat lengths, or non - structural architectural design
standards. All such nonconformities are allowed to remain legally nonconforming and
in their existing location(s) and /or configuration(s), provided they continue to function
adequately to meet their intended purpose, except where it is determined by the
111—N, County Manager or designee that such newly created or increased nonconformity or
site related condition constitutes an unsafe condition. In those cases where it is
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determined that the newly created or increased nonconformity or related condition
constitutes an unsafe condition, the nonconformity or site related condition shall be
relocated or modified in accordance with paragraph 2.a. above, as applicable. In any
case, such nonconformities are subject to the limitations set forth in paragraph 2.c.,
above.
D. Post Take Plan. This section addresses the development, review and approval of post -take
cure plans for remainder properties to mitigate and /or eliminate the negative and potentially
costly impacts resulting from the taking of a property for public purposes. In such cases, it
may be determined to be in the public interest to allow some deviations from applicable LDC
or PUD provisions, or Conditional Use requirements, in order to accommodate site
modifications and /or enhancements, designed to cure, remedy, mitigate, minimize or resolve
otherwise negative site impacts resultant from public acquisition.
1 A Post Take Plan may be submitted for staff review and approval and shall
provide /depict the following:
a• A scaled drawing or drawings 24 by 36 inches in size, with one 8.5 by 11 inch
drawing providing and /or depicting:
►• The public project name (purpose of the acquisition);
H. The name, address and phone number of the consulting firm(s)
preparing the plans;
iii. Zoning designation of the subject property;
iv. Legal Description, along with the total site acreage in both pre- and post -
acquisition condition;
V. All existing improvements, clearly depicting those affected by the
acquisition;
vi. All proposed mitigating improvements and remedies;
vii. The exact nature and dimension of any requested deviations:
viii. The pre- and post - acquisition configuration of the lot or lots;
ix. The dimensions from the pre- and post- acquisition property line to all
affected improvements;
b• A narrative description of the pre- and post - acquisition site conditions, noting
impacts and all nonconformities created or exacerbated as a result of the
acquisition, and any proposed mitigation and remedies;
C. A signed and sealed boundary or special purpose survey prepared by a
surveyor licensed to practice in the State of Florida as may be deemed
sufficient, to ascertain or verify existing conditions; and,
d• The most recent available aerial of the site.
e• The appropriate fee as established by the Board of County Commissioners,
2• The property owner or the County may request the following deviations from the LDC,
PUD or Conditional Use requirements, as may be applicable:
a• Landscape Buffers may be reduced from the required width or depth; but shall
not result in a buffer of less than five (5) feet in width or depth. Landscape
buffers which have been completely eliminated by the acquisition may be
replaced beyond the acquisition area; but shall not result in a buffer of less than
five (5) feet in width or depth. All required plant materials and irrigation
requirements shall remain within the reduced buffer area or shall be relocated
or installed as a condition of the Post Take Plan approval.
b.
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Water management facilities, including retention, detention and conveyance
may occupy up to seventy -five (75) percent of a landscape buffer width, if there
is a minimum remaining planting area of at least five (5) feet.
C, Required native vegetation, preserve, or open space requirements may be
reduced by an amount not to exceed ten (10) percent.
3. Deviations other than those set forth in paragraphs a. through c. above, or exceeding
the minimums or maximums established therein, may also be approved, subject to the
following procedures:
a• In addition to the requirements for submittal established in paragraph D.1.,
above, within 60 days of the date of submittal of the Post Take Plan to Collier
County the applicant shall also notify property owners in accordance with
notice procedures established in Section 10.03.05.B.10 and Section
10.03.05.B.11, as may be applicable.
b• The notice shall: (1) list the requested deviations other than those set forth in
paragraph 2, above, or exceeding the minimums and maximums established in
that subsection; (2) provide a brief narrative justification for such deviation(s);
and (3) provide a copy of the Post Take Plan (in 11 by 17 inch or 8.5 by 11
inch format). If no written objection is received within 30 days of the date of
mailing of the notice, the Post Take Plan is deemed approved.
C. If an abutting property owner who receives a notice submits a written objection
to Collier County within 30 days of the date of mailing of notice, the matter shall
be scheduled for public hearing before the Collier County Planning
Commission (CCPC). In such cases, the Board of County Commissioners
n delegates the authority to review the Post Take Plan to the CCPC and
includes this review as part of the CCPC powers and duties under Section
8.03.01 of the LDC. Public notice for the hearing shall comply with Section
10.03.05.13, as may be applicable, and shall specifically note the location of the
property and the requested deviations. The CCPC, in considering whether to
approve, approve with conditions, or deny the proposed Post Take Plan, shall
consider the following:
i. Whether the deviation is the minimum amount necessary to mitigate for
the impacts of the acquisition, while still protecting the public health,
safety, and welfare; and
IL Whether the County or property owner has or will mitigate for impacts
from the requested deviation(s) on neighboring properties by
maintaining or enhancing compatibility through various measures,
including but not limited to the installation of additional landscape
plantings or the installation of fences or walls; and
iii. Whether the requested deviations are consistent with and further
applicable policies of the GMP and the requirements of the LDC, PUD,
or Conditional Use, as may be applicable.
4• Within 30 days of approval, approval with conditions, or denial of a Post Take Plan by
the CCPC, the applicant, affected property owner, or abutting property owner may
appeal the decision to the Board of Zoning Appeals. For the purposes of this section,
an aggrieved or adversely affected party is defined as any person or group of persons
which will suffer an adverse effect to any interest protected or furthered by the Collier
County Growth Management Plan, Land Development Code, or building code(s). If an
appeal is filed by an abutting property owner, and said appeal is successful, Collier
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County shall reimburse said appellant for the appeal application fee and any
associated advertising costs. A00-1-1
E. This section (9.03.07) applies to acquisitions which occurred prior to the adoption of this
ordinance if the purchase or dedication of the property has not closed, or the condemnation
proceeding relating to the property acquired has exhausted all available appeals.
(Ord. No. 08 -63, § 3GG)
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