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Agenda 04/24/2018 Item #17B04/24/2018 EXECUTIVE SUMMARY Recommendation to approve 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, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One - General Provisions, including Section 1.08.02 Definitions; Chapter Two - Zoning Districts and Uses, including Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.07 Overlay Zoning Districts, Section 2.03.08 Rural Fringe Zoning Districts; Chapter Three - Resource Protection, including Section 3.05.07 Preservation Standards; Chapter Four - Site Design and Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.03 Specific Standards for Location of Acc essory Buildings and Structures, Section 4.02.04 Standards for Cluster Residential Design, Section 4.02.06 Standards for Development in Airport Zones, Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts, Section 4.03.04 Lot Line Adjustment and Lot Split; Chapter Six - Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.01.05 Soil Erosion and Sediment Control Plan; Chapter Nine - Variations from Code Requirements, including Section 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment; Chapter Ten - Application, Review, and Decision-Making Procedures, including Section 10.01.02 Development Orders Required, Section 10.02.09 Requirements for Text Amendments to the LDC; Section Four, Adoption of Amendments to the Collier County Official Zoning Atlas, more specifically amending the following: Zoning Map Numbers 522930, 2033N, 2033S, 2034N, 2034S to remove the ACSC designation for consistency with the Growth Management Plan; Section Five, Conflict and Severability; Section Six, Inclusion in the Collier County Land Development Code; and Section Seven, Effective Date. _____________________________________________________________________________________ OBJECTIVE: To obtain Board approval of the proposed 2017/18 Land Development Code (LDC) Amendment Cycle. CONSIDERATIONS: The 2017/18 LDC Amendment Cycle contains several types of amendments, including: Clarification Amendments, Growth Management Plan (GMP) Consistency and Zoning Atlas Amendments, and New Standards. The proposed LDC amendments have been prepared and vetted over the past year, and reviewed by several advisory boards. Each of the LDC amendments are summarized below: Clarification Amendments These amendments propose the following corrections, clarifications, or recodifications of existing LDC provisions to address issues identified by County Staff or the Board: Re-codify the definition for “nonconforming lot of record.” Clarify that martial arts, gymnastics, and recreation involving physical fitness are permitted uses in C-3 and Industrial Zoning Districts. Clarify dimensional standards for accessory buildings and structures. Clarify procedures for lot line adjustments and lot splits. Clarify the criteria for Early Work Authorizations. GMP Consistency and Zoning Atlas Amendments These amendments address LDC provisions related to GMP policies and overlays which have changed over time. The following LDC changes are proposed: Modify the Rural Fringe Mixed Use (RFMU) District and Rural Fringe Areas map and clarify 17.B Packet Pg. 1396 04/24/2018 that the RFMU District replaces the underlying zoning Agricultural (A) Zoning District. Modify provisions related to the North Belle Meade Overlay specific to Section 24, Township 49 South, and Range 26 East. Modify the list of exotic species applicable to the Big Cypress Area of Critical State Concern (ACSC). o This amendment also removes the ACSC designation from Zoning Atlas Maps 522930, 2033N, 2033S, 2034N & 2034S within Township 52, South, Range 30 East. New Standards These amendments introduce the following new development standards or modifications to existing processes: Require soil erosion and sediment control Best Management Practices for developments that are not currently required to submit a Soil Erosion and Sediment Control Plan. Establish an exception from an Administrative Variance for Minor After-the-Fact Encroachments. Remove limits on the maximum number of LDC amendments per year, and update relevant Administrative Code chapters. LDC Amendment Formatting At the Board’s June 22, 2004, meeting, staff indicated in an Executive Summary (Agenda Item 8A) that defined terms would be printed in “bold ALLCAPS, such that the defined term “Development” would appear…as DEVELOPMENT.” Since that time, the use of ALLCAPS has been discontinued and bold terms have resulted in confusion over the meaning of words when multiple definitions are possible. The use of bold terms is not required; therefore, the proposed amendments do not include bold terms and staff will discontinue the practice in future amendment cycles. 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 the Board elects to conduct the hearing at another time of day. On February 13, 2018, the Board waived the night hearing requirement (Agenda Item 16.A.10). This is the second and final Board hearing for approval of the amendments subject to LDC section 10.03.06 K. The first Board hearing for approval took place on April 10, 2018. DSAC RECOMMENDATION: The Development Services Advisory Committee-Land Development Review Subcommittee (DSAC-LDR) recommended approval of the amendments on November 13, 2017, with several changes which were incorporated into the respective amendments. The Development Services Advisory Committee (DSAC) recommended approval of each of the amendments on December 6, 2017, with no changes. CCPC RECOMMENDATION: The CCPC recommended approval of the amendments on January 18, 2018, and at a special night hearing on February 7, 2018, with several changes which were incorporated into the respective amendments. FISCAL IMPACT: There are no fiscal impacts associated with this action. GROWTH MANAGEMENT IMPACT: As noted for each individual amendment. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires an 17.B Packet Pg. 1397 04/24/2018 affirmative vote of four for Board approval - SAS RECOMMENDATION: To approve the proposed ordinance for the 2017/18 LDC Amendments Cycle and direct staff as to any changes. Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division ATTACHMENT(S) 1. [Linked] LDC Amendments (PDF) 2. 2018 Draft ordinance 3.19.18 (PDF) 3. Legal Ad - Agenda ID 5027 (PDF) 17.B Packet Pg. 1398 04/24/2018 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 5027 Item Summary: Recommendation to approve 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, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One – General Provisions; Chapter Two – Zoning Districts and Uses; Chapter Three – Resource Protection; Chapter Four – Site Design and Development Standards; Chapter Six – Infrastructure Improvements and Adequate Public Facilities Requirements; Chapter Nine – Variations from Code Requirements; Chapter Ten – Application, Review, and Decision-Making Procedures; Section Four, Adoption of Amendments to the Collier County Official Zoning Atlas, more specifically amending the following: Zoning Map Numbers 522930, 2033N, 2033S, 2034N, 2034S to remove the ACSC designation for consistency with the Growth Management Plan; Section Five, Conflict and Severability; Section Six, Inclusion in the Collier County Land Development Code; and Section Seven, Effective Date. Meeting Date: 04/24/2018 Prepared by: Title: Planner, Senior – Zoning Name: Jeremy Frantz 03/22/2018 11:57 AM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 03/22/2018 11:57 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 03/22/2018 3:01 PM Zoning Michael Bosi Additional Reviewer Completed 03/26/2018 3:13 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/26/2018 4:54 PM Growth Management Department James French Deputy Department Head Review Completed 03/27/2018 11:38 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/03/2018 8:39 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/03/2018 9:35 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/05/2018 3:29 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/06/2018 2:53 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/15/2018 8:41 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM 17.B Packet Pg. 1399 Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\1.08.02 Definitions 2-27-18.docx Land Development Code Amendment Request ORIGIN: Growth Management Department, Zoning Division AUTHOR: Zoning Division Staff LDC SECTION: 1.08.02 Definitions SUMMARY: This amendment reinstates the definition for a “nonconforming lot of record” as previously codified by Ordinance 82-002 and amended by Ordinances 91-102 and 99-46. DESCRIPTION: During recodification of the LDC in 2004, the definition of a “nonconforming lot of record” as defined by Ordinance 82-002 and later by Ordinances 91-102 and 99-46, was replaced with regulatory actions that are duplicated in LDC section 9.03.03 A.4. This amendment recodifies the correct definition of “nonconforming lot of record.” DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended making specific reference to October 14, 1974, and retaining language identifying that the Code may allow an additional split or subdividing a parcel. These recommendations were incorporated in the amendment and the Subcommittee recommended approval on November 13, 2017. DSAC COMMITTEE RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. CCPC RECOMMENDATION: The CCPC recommended approval on January 18, 2018 with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 1.08.02 Definitions 1 * * * * * * * * * * * * * 2 Nonconforming lot of record: When two or more adjacent legal nonconforming lots of record are 3 either combined under a single folio or parcel number for taxing purposes by the property 4 appraiser's office or combined as a single parcel by recording the previously separate non-5 conforming lots into one legal description, neither or both of these actions will prohibit the owner 6 or future owners from subsequently splitting the parcel into two or more folio or parcel numbers 7 for tax purposes, or severing the parcels into their former legal descriptions as legal non-8 conforming lots of record according to the original legal description(s) at the time the property 9 was recognized as legal nonconforming. Prior to any two or more adjacent, legal non-10 conforming lots being combined for development a legally binding document must be recorded 11 Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\1.08.02 Definitions 2-27-18.docx to reflect a single parcel with a unified legal description. Once such a document has been 1 recorded to amend the legal description and a development permit has been approved by the 2 County for development as that unified parcel, the property cannot be split or subdivided except 3 as may then be allowed by this Code. Any lawful lot or parcel which was recorded, or for which 4 an agreement for deed was executed prior to October 14, 1974, and which lot or parcel does 5 not meet the minimum width or lot area requirements as a result of the passage of this Code 6 shall be considered as a legal nonconforming lot and shall be eligible for the issuance of a 7 building permit provided all the other requirements of this Code and the Florida Statues are met. 8 This definition also includes any lot or parcel made nonconforming by a rezoning initiated by 9 Collier County to implement the Zoning Reevaluation Ordinance Number 90-23 (1990). 10 # # # # # # # # # # # # # 11 Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\2.03.03 Martial Arts-Dance Instructions 2-27-18.docx Land Development Code Amendment Request ORIGIN: Growth Management Department, Zoning Division AUTHOR: Zoning Division Staff LDC SECTION: 2.03.03 Commercial Zoning Districts 2.03.04 Industrial Zoning Districts SUMMARY: This amendment clarifies “martial arts” and “dance, gymnastics, judo, and karate instructions,” are permitted uses in the Commercial Intermediate (C-3) and Industrial Zoning Districts where physical fitness facilities are also permitted uses. It also clarifies that outdoor amusement and recreation services are conditional uses in the C-3 Zoning District and reinstates an omitted Standard Industrial Classification (SIC) Code in the General Commercial (C-4) Zoning District. DESCRIPTION: Since 2006, staff has relied on an administrative memorandum that was issued to allow certain forms of physical fitness uses, including martial arts, dance, gymnastics, judo, and karate instruction in the C-3 and Industrial zoning districts (Exhibit A). However, they have not been officially codified as permitted uses in the LDC. The administrative memoranda are not well known to the public, which results in frequent questions to staff regarding the availability of these uses in these zoning districts. The amendment proposes to codify the staff policy of considering these physical fitness uses as permitted uses in the C-3 zoning district and to clarify the limitation on physical fitness facilities in the Industrial zoning district. Additionally, this amendment clarifies, in LDC section 2.03.03 C.1.c., that the conditional use “Amusement and Recreation Services,” in the C-3 zoning district is for outdoor uses only. Also, the amendment reinstates SIC Code number 7999 in the C-4 zoning district, which was inadvertently omitted when Ordinance 08-11 was adopted. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended approval on November 13, 2017, with no changes. DSAC RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. The dissenting Commissioner CCPC RECOMMENDATION: The CCPC recommended approval (3-1) on February 7, 2018 with no changes. The dissenting Commissioner indicated there is an ambiguity or contradiction related to the intent clause of the zoning district. It states: “This district is not intended to permit wholesaling type of uses or land uses who have associated with them the need for outdoor storage of equipment and merchandise.” Including the word “outdoor” could create an ambiguity with the zoning district’s intent. The other commissioners determined the conditional use approval process would reduce any ambiguity. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\2.03.03 Martial Arts-Dance Instructions 2-27-18.docx GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 2.03.03 - Commercial Zoning Districts 1 * * * * * * * * * * * * * 2 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 3 intermediate district (C-3) is to provide for a wider variety of goods and services intended 4 for areas expected to receive a higher degree of automobile traffic. The type and variety 5 of goods and services are those that provide an opportunity for comparison shopping, 6 have a trade area consisting of several neighborhoods, and are preferably located at the 7 intersection of two-arterial level streets. Most activity centers meet this standard. This 8 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning 9 districts typically aggregated in planned shopping centers. This district is not intended to 10 permit wholesaling type of uses, or land uses that have associated with them the need 11 for outdoor storage of equipment and merchandise. A mixed-use project containing a 12 residential component is permitted in this district subject to the criteria e stablished 13 herein. The C-3 district is permitted in accordance with the locational criteria for 14 commercial and the goals, objectives, and policies as identified in the future land use 15 element of the Collier County GMP. The maximum density permissible in the C-3 district 16 and the urban mixed use land use designation shall be guided, in part, by the density 17 rating system contained in the future land use element of the Collier County GMP. The 18 maximum density permissible or permitted in the C-3 district shall not exceed the density 19 permissible under the density rating system. 20 1. The following uses, as identified with a number from the Standard Industrial 21 Classification Manual (1987), or as otherwise provided for within this section are 22 permissible by right, or as accessory or conditional uses within the commercial 23 intermediate district (C-3). 24 a. Permitted uses. 25 1. Accounting (8721). 26 2. Adjustment and collection services (7322). 27 3. Advertising agencies (7311). 28 4. Amusement and recreation services, indoor (7999- martial arts, 29 yoga and gymnastics instruction, gymnastic schools, and 30 recreation involving physical fitness exercise only). 31 4. 5. Animal specialty services, except veterinary (0752, excluding 32 outside kenneling). 33 5. 6. Apparel and accessory stores (5611—5699) with 5,000 square 34 feet or less of gross floor area in the principal structure. 35 Note: ALL REMAINING SUBSECTIONS TO BE RENUMBERED ACCORDINGLY 36 * * * * * * * * * * * * * 37 c. Conditional uses. The following uses are permissible as conditional uses 38 in the commercial intermediate district (C-3), subject to the standards and 39 procedures established in sections 4.02.02 and 10.08.00. 40 1. Amusements and recreation services, outdoor (7999 - boat rental, 41 miniature golf course, bicycle, and moped rental, rental of beach 42 chairs and accessories only). 43 * * * * * * * * * * * * * 44 Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\2.03.03 Martial Arts-Dance Instructions 2-27-18.docx D. General Commercial District (C-4). The general commercial district (C-4) is intended to 45 provide for those types of land uses that attract large segments of the population at the 46 same time by virtue of scale, coupled with the type of activity. The purpose and intent of 47 the C-4 district is to provide the opportunity for the most diverse types of commercial 48 activities delivering goods and services, including entertainment and recreational 49 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 50 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The 51 outside storage of merchandise and equipment is prohibited, except to the extent that it 52 is associated with the commercial activity conducted on-site such as, but not limited to, 53 automobile sales, marine vessels, and the renting and leasing of equipment. Activity 54 centers are suitable locations for the uses permitted by the C-4 district because most 55 activity centers are located at the intersection of arterial roads. Therefore the uses in the 56 C-4 district can most be sustained by the transportation network of major roads. The C-4 57 district is permitted in accordance with the locational criteria for uses and the goals, 58 objectives, and policies as identified in the future land use element of the Collier County 59 GMP. The maximum density permissible or permitted in a district shall not exceed the 60 density permissible under the density rating system. 61 1. The following uses, as defined with a number from the Standard Industrial 62 Classification Manual (1987), or as otherwise provided for within this section are 63 permissible by right, or as accessory or conditional uses within the general 64 commercial district (C-4). 65 a. Permitted uses. 66 1. Accounting (8721). 67 2. Adjustment and collection services (7322). 68 3. Advertising agencies (7311). 69 4. Advertising — miscellaneous (7319). 70 5. Agricultural services (0783). 71 6. Amusement and recreation services, indoor (7999). 72 # # # # # # # # # # # # # 73 74 2.03.04 – Industrial Zoning Districts 75 A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands 76 for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 77 Service and commercial activities that are related to manufacturing, processing, storage 78 and warehousing, wholesaling, and distribution activities, as well as commercial uses 79 relating to automotive repair and heavy equipment sales and repair are also permissible 80 in the I district. The I district corresponds to and implements the industrial land use 81 designation on the future land use map of the Collier County GMP. 82 1. The following uses, as identified within the Standard Industrial Classification 83 Manual (1987), or as otherwise provided for within this section, are permitted as 84 a right, or as accessory or conditional uses within the industrial district (I). 85 a. Permitted uses. 86 * * * * * * * * * * * * * 87 39. Physical fitness facilities, (7911 except Discotheques, 7991, 7999 88 - limited to baseball instruction, basketball instruction, gymnastics 89 instruction, judo instruction, karate instruction, and martial arts 90 instruction, yoga instruction, gymnastic schools, and recreation 91 involving physical fitness exercise only). 92 # # # # # # # # # # # # # 93 Text underlined is new text to be added Strikethrough text is current text to be deleted 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx Land Development Code Amendment Request ORIGIN: Board of Zoning Appeals and Growth Management Department AUTHOR: Growth Management Department, Zoning Division Staff LDC SECTIONS: 2.03.07 Overlay Zoning Districts 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 4.02.03 Specific Standards for Location of Accessory Buildings and Structures 4.02.04 Standards for Cluster Residential Design 4.02.06 Standards for Development in Airport Zones SUMMARY: This amendment reorganizes the dimensional standards tables for accessory structures to clarify and correct several provisions and highlight swimming pool and screen enclosure setbacks. DESCRIPTION: Changes to LDC section 2.03.07 This amendment removes references to tables that are removed by this amendment’s changes to LDC section 4.02.04. Changes to LDC section 4.02.01 This amendment clarifies that the allowance for setback encroachments for permanent emergency generators for single-family residences also applies to multi-family residential and non-residential buildings. This change represents staff’s current application of setbacks to permanent emergency generators for multi-family residential and non-residential buildings. This amendment also clarifies that the encroachment allowed for permanent emergency generators only applies to the side yard. Changes to LDC section 4.02.04 Currently, setbacks for accessory buildings and structures are located within two tables that are difficult to use and contain inconsistencies and missing information. This amendment merges the tables into one for clarity and usability and includes the following changes: 1. Carports: Currently the tables identify the same setbacks for carports and parking garages. However, LDC section 4.02.01 D.12 allows setback encroachments for carports that are open on all sides in commercial, industrial, and multi-family residential developments. This amendment separates carports from parking garages in the table, includes a cross- reference to LDC section 4.02.01 D in the notes, and identifies the same standards apply to two-family dwelling units for clarity. Additionally, the rear setback for commercial, industrial, and multi-family residential carports is changed from “35 feet” to “SPS” (Same as Principal Structure) for consistency with the rear setback for one-story and multi-story parking structures, as described in the next section. Text underlined is new text to be added Strikethrough text is current text to be deleted 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx 2. One-story and multi-story parking structures: The following two changes to the required setbacks for one-story and multi-story parking structures are included: a) One-story and multi-story parking structures are currently listed separately, but have the same required setbacks, except for the structure to structure setbacks which are as follows: • One-story parking structures: 10 feet • Multi-story parking structures: 1 foot of accessory height = 1 foot of building separation (1/1) Since one-story parking structures are typically 10 feet in height or less, these two standards are effectively the same. Additionally, any one-story parking structure that is more than 10 feet in height should have the same structure-to-structure setback as any other parking structure that is more than 10 feet in height. Therefore, this amendment combines these two items in the table and modifies the structure to structure setback to “1/1 with a minimum of 10 feet.” b) Currently, the rear setback for one- or multi-story parking structures on non- waterfront and non-golf course lots is 35 feet. However, the rear setback on waterfront or golf course lots are the same as the principal structure (SPS). Additionally, a 35-foot rear setback is greater than the rear setback for the principal structure in several zoning districts. Therefore, the rear setbacks for one- and multi- family parking structures on non-waterfront and non-golf course lots are changed from “35 feet” to “SPS.” 3. Parking garage (one- and two-family): Currently, only setbacks for detached parking garages for single-family dwelling units are identified, while two-family dwelling units that include detached parking garages are not listed. This amendment codifies the same setback for detached parking garages whether the principal structure is a one-family or two-family use, consistent with staff’s current application of this section. 4. Permanent emergency generators: Currently, the side setback for permanent emergency generators includes a cross-reference to LDC section 4.02.01 D.13, which allows encroachments of up to 36 inches into the side setback. However, the setback itself is not identified. This amendment clarifies that the side setback for permanent emergency generators is the same as the principal structure (SPS) and includes a cross-reference to LDC section 4.02.01 D in the notes. 5. Tennis courts (private) (one- and two-family): The “(private)” designation is removed from tennis courts for one- and two-family. Public tennis courts are not an accessory use to one- and two-family structures so the distinction is unnecessary. 6. Trellises, arbors, and similar structures: Trellises, arbors, and similar structures are not currently listed in the tables. Instead, staff uses a 2007 administrative memorandum when applying setbacks to these structures (See Exhibit A). Consistent with the 2007 memo, this amendment adds two setback requirements for trellises, arbors, and similar structures Text underlined is new text to be added Strikethrough text is current text to be deleted 3 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx which vary depending on whether the structure exceeds the maximum fence height for the respective zoning district. 7. Attached screen porches, swimming pools and screen enclosures: Currently, setbacks for attached screen porches and swimming pools and screen enclosures on waterfront lots and golf course lots include a lengthy and confusing note. Additionally, setbacks for swimming pools and screen enclosures were the subject of a variance request heard by the Board of Zoning Appeals (BZA) on February 28, 2017 (See Agenda Item 8.A). At the hearing, it was noted that the pool and screen enclosure standards are currently contained in multiple tables and notes in the LDC, making them easy to overlook. In response, the BZA directed staff to proceed with an LDC amendment to clarify these tables. This amendment relocates the notes for attached screen porches and pools and screen enclosures into the new table for clarity. The setbacks are also modified to remove a reference to Marco Island. Setbacks for swimming pools and screen enclosures were modified by Ordinance No. 97-2. Marco Island had not yet incorporated at the time the ordinance was adopted, so the provision in Table 4 - Note 3 included standards applicable to Marco Island. When Marco Island incorporated later in 1997, the standards no longer applied to the City of Marco Island, therefore, the reference to Marco Island is removed. Additionally, the word “screen” is removed from attached screen porch because attached porches should have the same setback whether they have a screen or not. 8. Chickee, barbecue areas: Currently the structure-to-structure setback for “chickee, barbecue areas” is “10 feet” on non-waterfront and non-golf course lots and “None” for waterfront and golf course lots. The structure-to-structure setback for waterfront and golf course lots is changed to “10 feet” to be consistent with the same structures on non- waterfront and non-golf course lots and for fire safety. 9. Davits, hoists, and lifts: On waterfront lots and golf course lots, the structure-to-structure setback is changed from “SPS” to “None.” Davits, hoists, and lifts are often situated in close proximity to, or work in conjunction with, other boathouses, docks, or other shorefront facilities, therefore, it is not appropriate to apply a structure-to-structure setback to these accessory structures. 10. Dock facilities and boathouses: Currently, side setback requirements for dock facilities and boathouses are listed as “7.5 feet or 15” feet. However, setback requirements for dock facilities and boathouses are established in LDC sections 5.03.06 E and F. This amendment replaces setbacks of “7.5 feet or 15” feet with a cross-reference to LDC sections 5.03.06 E and F to clarify where the setbacks are established. 11. Notes: a. Removed abbreviations: The abbreviations “N” and “NP” have been written out within the table to reduce the number of notes. Text underlined is new text to be added Strikethrough text is current text to be deleted 4 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx b. Accessory structures in Rural Agricultural (A) and Estates (E) zoning districts: Currently, both tables include a note regarding accessory structures in A and E zoning districts. This note has been relocated to the new LDC section 4.02.03 C and a new cross-reference has been added to LDC section 4.02.07 for standards for accessory structures related to keeping animals and livestock. This makes the standard easier to recognize and eliminates duplicative notes. c. “SPS” designation: Currently, the abbreviation “SPS” is defined as “Same as principal structure.” This note has been modified to clarify that the setback relates to the standards for the zoning district. d. “NP” designation: Currently, the front setback for permanent emergency generators and satellite dish antennas in both tables are listed as “NP.” The notes for each table indicate that “NP” means “Structure allowed in rear of building only.” However, these structures are also allowed on the sides of buildings. This amendment clarifies the structure or use is “not permitted in front of building” within the table, rather than as a note. e. All asterisks are changed to numbers: Currently, several footnotes are indicated using asterisks. This amendment replaces all asterisks with numbers for clarity. Changes to LDC sections 4.02.04 and 4.02.06 Since this amendment removes Tables 2 and 3 from LDC Chapter 4, the remaining tables in LDC sections 4.02.04 and 4.02.06 must be renumbered. No other changes are made to these sections. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee made recommendations for additional clarification to the notes and cross-references, which were incorporated into the amendment. The Subcommittee recommended approval on November 13, 2017. DSAC RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. CCPC RECOMMENDATION: The CCPC reviewed the amendment on January 18, 2018 and recommended a clarification of the language in LDC section 4.02.01 D.13. to clarify the exemptions and exclusions for permanent emergency generators. This change was incorporated into the amendment and the CCPC recommended approval on February 7, 2017. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 1 2 Text underlined is new text to be added Strikethrough text is current text to be deleted 5 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx 2.03.07 Overlay Zoning Districts 1 * * * * * * * * * * * * * 2 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 3 distinct subdistricts for the purpose of establishing development criteria suitable for the 4 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 5 Urban Overlay District are delineated on the maps below. 6 * * * * * * * * * * * * * 7 7. Interim Deviations: Property owners within the Immokalee Urban Overlay District 8 may request deviations from specific dimensional requirements as described in 9 this section. A deviation request may be reviewed administratively or by the 10 Planning Commission depending upon its scope. This section addresses the 11 permissible deviations, limitations thereon, and the review process. 12 * * * * * * * * * * * * * 13 e. Applicability - List of Development Standards Eligible for Deviation 14 Requests. Property owners shall be eligible to seek a deviation from the 15 dimensional requirements of the following Code provisions, unless 16 otherwise noted. 17 * * * * * * * * * * * * * 18 vii. 4.02.03 A Specific Standards for Location of Accessory Buildings 19 and Structures, Dimensional Standards (Tables 3 and 4), except 20 that in the case of new development on commercial parcels, no 21 deviation shall be granted from the required 50-foot building 22 setback when abutting residentially zoned properties, or from the 23 minimum 10-foot wide landscaped strip between the abutting road 24 right-of-way and the off-street parking area. Deviations from these 25 requirements may be considered in the case of redevelopment 26 where existing structures and/or encroachments are proposed to 27 remain. 28 # # # # # # # # # # # # # 29 30 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 31 * * * * * * * * * * * * * 32 D. Exemptions and exclusions from design standards. 33 * * * * * * * * * * * * * 34 13. Permanent emergency generators may be placed within the rear yard of any 35 property supporting a permitted single-family residence, subject to with a 10-foot 36 rear yard setback,. Permanent emergency generators may encroach into side 37 yards up to 36 inches. and within side yards subject to a maximum 38 encroachment into the setback of 36 inches. Generators are not permitted to 39 encroach into required front yards. Above-ground fuel tanks for the generators 40 are subject to the same setbacks; however, underground tanks are not subject to 41 setback requirements. In order to reduce noise during required routine exercising 42 of the generators, this exercising is restricted to operating the generator for no 43 more than 30 minutes weekly during the hours of 9:00 a.m. to 5:00 p.m. and shall 44 not exceed sound level limits for Manufacturing and Industrial uses as set forth in 45 Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency 46 generators must be equipped with sound attenuating housing to reduce noise. 47 # # # # # # # # # # # # # 48 49 50 51 Text underlined is new text to be added Strikethrough text is current text to be deleted 6 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx 4.02.03 Specific Standards for Location of Accessory Buildings and Structures 1 A. For the purposes of this section, in order to determine yard requirements, the term 2 "accessory structure" shall include detached and attached accessory use structures or 3 buildings notwithstanding the attachment of such structure or building containing the 4 accessory use to the principal use structure or building. Accessory buildings and 5 structures must be constructed simultaneously with or following the construction of the 6 principal structure and shall conform with the following setbacks and building 7 separations. 8 Table 3. Dimensional Standards for Accessory Buildings and Structures on Non-9 Waterfront Lots And Non-Golf Course Lots in Zoning Districts other than Rural 10 Agricultural (A) and Estates (E)**. 11 Front Rear Side Structure to Structure (If Detached) 1. Parking garage or carport, single-family SPS 10 feet SPS 10 feet 2. One-story parking structures and/or carports SPS 35 feet SPS 10 feet 3. Multistory parking structures SPS 35 feet 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 20 feet 15 feet 20 feet 8. Utility buildings SPS 10 feet SPS 10 feet 9. Chickee, barbecue areas SPS 10 feet SPS 10 feet 10. Attached screen porch SPS 10 feet SPS N/A 11. Unlisted accessory SPS SPS SPS 10 feet 12. Satellite dish antenna NP 15 feet SPS 10 feet 13. Permanent emergency generators NP 10 feet See Sec. 4.02.01 D.13 N/A 12 N = None. 13 N/A = Not applicable. 14 NP = Structure allowed in rear of building only. 15 SPS = Calculated same as principal structure. 16 * = 1 foot of accessory height = 1 foot building separation. 17 ** = All accessory structures in Rural Agricultural and Estates zoning districts must meet 18 principal structure setbacks. 19 20 Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots 21 and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and Estates (E)** 2 22 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 1 Text underlined is new text to be added Strikethrough text is current text to be deleted 7 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx 4. Swimming pool and/or screen enclosure (one- and two-family) SPS 10 feet 3 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 5.03.06F. 9. Utility buildings SPS SPS 10 feet 10 feet 10. Chickee, barbecue areas SPS 10 feet SPS N 11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 feet SPS 12. Attached screen porch SPS 10 feet 4 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 ramps (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 5 50 feet 50 feet 50 feet N/A 1 N = None. 2 N/A = Not applicable. 3 NP = Structure allowed in rear of building only. 4 SPS = Calculated same as principal structure. 5 ** = All accessory structures in Rural Agricultural and Estates zoning districts must meet 6 principal structure setbacks. 7 1 1 foot of accessory height = 1 foot of building separation. 8 2 In those cases where the coastal construction control line is involved, the coastal 9 construction control line will apply. 10 3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of 11 bank, except Marco Island and Isles of Cap ri which may construct to a maximum of seven feet 12 above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of 13 ten feet. 14 4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of 15 bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet 16 above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of 17 ten feet. 18 5 The setback shall apply to external boundaries of the golf cour se district, and shall be 19 inclusive of separately platted buffer tracts. 20 21 B. Accessory buildings shall not occupy an area greater than five (5) percent of the total 22 lot area in all residential zoning districts, or occupy an area greater than forty (40) 23 percent of any building envelope (i.e., area of lot remaining for building purposes after 24 accounting for required setbacks), whichever is the lesser, provided the total ma ximum 25 coverage provision of this ordinance for all principal and accessory buildings is not 26 Text underlined is new text to be added Strikethrough text is current text to be deleted 8 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx exceeded. Nothing herein contained shall serve to prevent the construction of an 1 accessory building containing an area of less than 500 square feet provided all yard 2 and building spacing requirements can be met. 3 C. All accessory structures in Rural Agricultural (A) and Estates (E) zoning districts must 4 meet principal structure setbacks. For accessory structures related to the keeping of 5 animals and livestock in these districts, see LDC section 4.02.07. 6 D. Table of dimensional standards for accessory buildings and structures in zoning districts 7 other than Rural Agricultural (A) and Estates (E): 8 9 Location Accessory Building/Structure Setbacks Front Rear Side Structure to Structure (If Detached) Non- Waterfront Lots and Non-Golf Course Lots Attached porch SPS 10 feet SPS N/A Carports (commercial, industrial, and multi-family)1 SPS SPS SPS 10 feet Carports (one- and two-family) SPS 10 feet SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS 10 feet One-story and multi-story parking structures SPS SPS SPS 1/12 with a minimum of 10 feet Parking garage (one- and two- family) SPS 10 feet SPS 10 feet Permanent emergency generators1 Not permitted in front of building 10 feet SPS N/A Satellite dish antennas Not permitted in front of building 15 feet SPS 10 feet Swimming pool and/or screen enclosure (one- and two- family) SPS 10 feet SPS None Swimming pool (multi-family and commercial) SPS 20 feet 15 feet None Tennis courts (one- and two- family) SPS 15 feet SPS 10 feet Tennis courts (multi-family, and commercial) SPS 20 feet 15 feet 20 feet Trellises, arbors, and similar structures that do not exceed the maximum fence height in LDC section 5.03.02 None None None None Text underlined is new text to be added Strikethrough text is current text to be deleted 9 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02 SPS 10 feet SPS None Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS 10 feet SPS 10 feet Waterfront Lots and Golf Course Lots3 Attached porch where floor or deck of porch are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank SPS 10 feet SPS SPS Attached porch where floor or deck of porch are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank SPS 20 feet SPS SPS Boat slips and ramps (private) N/A N/A 7.5 feet N/A Boathouses and boat shelters (private) SPS N/A See LDC sections 5.03.06 E and F 10 feet Carports (commercial, industrial, and multi-family)1 SPS SPS SPS 10 feet Carports (one- and two- family) SPS SPS SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS 10 feet Davits, hoists, and lifts N/A N/A See LDC sections 5.03.06 E and F None Docks, decks, and mooring pilings N/A N/A See LDC sections 5.03.06 E and F N/A Text underlined is new text to be added Strikethrough text is current text to be deleted 10 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx Golf clubhouse and maintenance buildings4 50 feet 50 feet 50 feet N/A One-story and multi-story parking structures SPS SPS SPS 1/12 with a minimum of 10 feet Parking garage (one- and two- family) SPS SPS SPS 10 feet Permanent emergency generators1 Not permitted in front of building 10 feet SPS N/A Satellite dish antennas Not permitted in front of building 15 feet SPS 10 feet Swimming pool and/or screen enclosure (one- and two- family) where swimming pool decks are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank SPS 10 feet SPS None Swimming pool and/or screen enclosure (one- and two- family) where swimming pool decks are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank SPS 20 feet SPS None Swimming pool (multi-family and commercial) SPS 20 feet 15 feet None Tennis courts (private) (one- and two-family) SPS 15 feet SPS 10 feet Tennis courts (multi-family and commercial) SPS 35 feet SPS 20 feet Text underlined is new text to be added Strikethrough text is current text to be deleted 11 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx Trellises, arbors, and similar structures that do not exceed the maximum fence height in LDC section 5.03.02 None None None None Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02 SPS 10 feet SPS None Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS SPS 10 feet 10 feet 1 Notes: 2 SPS = Calculated same as principal structure for the zoning district. 3 1 See LDC section 4.02.01 D for exemptions and exclusions from required yards. 4 2 1 foot of accessory height = 1 foot of building separation. 5 3 In those cases where the coastal construction control line is involved, the coastal 6 construction control line will apply. 7 4 The setback shall apply to external boundaries of the golf course district, and shall be 8 inclusive of separately platted buffer tracts. 9 # # # # # # # # # # # # # 10 11 4.02.04 Standards for Cluster Residential Design 12 * * * * * * * * * * * * * 13 C. Conditional uses approved for cluster development may reduce the lot area, lot width, 14 and yard requirements within a zoning district, subject to the criteria enumerated in this 15 section. The lot area, lot width, coverage, and yard regulations of the residential zoning 16 district in which the cluster development is located shall be used as the basis for all 17 computations of allowed reductions. The following reductions in lot area, lot width, 18 coverage and yard regulations of the underlying zoning district shall be permissible 19 pursuant to the grant of a conditional use for cluster development. 20 * * * * * * * * * * * * * 21 2. The following site design and dimensional standards shall apply to cluster 22 development: 23 Table 53. Table of Design Standards for Cluster Development. 24 # # # # # # # # # # # # # 25 26 4.02.06 Standards for Development in Airport Zones 27 * * * * * * * * * * * * * 28 D. The width of each primary surface is as follows: 29 Table 64. Primary Surface Width 30 * * * * * * * * * * * * * 31 E. Horizontal zone. A horizontal plane 150 feet above the established airport elevation, 32 the perimeter of which is constructed by swinging arcs for specified radii from the 33 center of each end of the primary surface of each runway of each airport and 34 connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 35 as follows: 36 Table 75. Horizontal Zone Radius 37 * * * * * * * * * * * * * 38 Text underlined is new text to be added Strikethrough text is current text to be deleted 12 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\Standards for Accessory Building and Structures LDCA 3- 1-18.docx H. Approach zone. The approach zone is an area longitudinally centered on the exten ded 1 runway centerline and extending outward and upward from each end of the primary 2 surface. An approach zone is designated for the end of each runway based upon the 3 type of approach available or planned for that runway end. 4 1. Approach zone width. The inner edge of the approach zone is the same width 5 as the primary surface. The outer width of the approach zone is prescribed for 6 the most precise approach existing or planned for that runway end expanding 7 uniformly to the following widths: 8 Table 86. Approach Zone Width (feet) 9 * * * * * * * * * * * * * 10 2. Approach zone lengths. The approach zone extends for the applicable 11 horizontal distance as follows: 12 Table 97. Approach Zone Length (feet). 13 * * * * * * * * * * * * * 14 3. Approach zone height. Permitted height limitation within the approach zone 15 shall not exceed the runway end height at the inner edge and increases 16 uniformly with horizontal distance outward from the inner edge as follows: 17 Table 108. Approach Zone Height. 18 # # # # # # # # # # # # # 19 MEMORANDUM To: Zoning Staff, Building Dept. Staff. From: Ross Gochenaur, Planning Manager Date: 9 April 2007 Subject: Trellises, arbors and similar structures, setbacks The LDC does not define "trellis," but this word is increasingly used to describe certain structures in some subdivisions. Webster defines a trellis as "a frame of latticework used as a screen or as a support for climbing plants." An arbor is defined as a shelter ofvines or branches or of latticework covered with climbing shrubs or vines. A pergola is "an arbor or passageway with a roof of trelliswork on which climbing plants are trained to grow." The structures we're seeing described as trellises do not seem to meet any of these definitions precisely. They typically consist of uprights supponing crossbeams. open on top and without latticeu'ork, and not noticeably supporting plants. This item would be identified as an "unlisted accessory" structure in the Code. If the Code were strictly applied, these structures would have to meet the same setbacks as the principal structures. Since this is a grey area, it would seem more reasonable to treat the structure as either a fence or a pool screen enclosure for the purposes of setbacks. The applicant will have two options - 1. If treated as a fence, the structure would have to comply with fence height restrictions but could encroach into any a required yard. 2. lf treated as a screen enclosure, it would have to meet the same setback as a pool screen enclosure but could exceed the maximum fence height. Under the last scenario, a "trellis" could not be placed in the required front yard. Community Development & Environmental Services Division Department of Zoning & Land Development Review Unless specific mention is made of a "trellis" in a PUD document as a permitted structure or, as in one case, on a subdivision plat (where it doesn't belong), a trellis will be treated as described above with regard to setbacks. CC: Susan Istenes, AICP, Zoning Director Bill Hammond, Building Director Alamar Finnegan, Permitting Supervisor Text underlined is new text to be added. Text strikethrough is current text to be deleted. 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\4 03 04 Lot Line Adjustment and Lot Split 2-27-18.docx Land Development Code Amendment Request ORIGIN: Growth Management Department, Zoning Division AUTHOR: Zoning Division Staff LDC SECTION: 4.03.04 Lot Line Adjustment and Lot Split SUMMARY: This amendment clarifies the procedure for the review and timely recording of both lot line adjustments and lot splits, and it clarifies that lot splits are applicable to all zoning districts. DESCRIPTION: LDC section 4.03.04 sets forth the application process and conditions to obtain a lot line adjustment and lot split. This amendment resolves a problem related to the timely filing of a lot split change with the proper offices of the County. After staff has given an approval for a lot split change, some applicants have subsequently sold property without filing the approved lot split with the Property Appraiser’s Office, or Clerk of Courts, and then notifying the County that it had been recorded in the Official Records. The failure to file and record in the Official Records within a timely manner has caused incorrect property identification, addressing, and taxation notices. Moreover, owners who apply for a building permit on a newly-split lot have been rejected if they did not follow these procedures. For both line adjustments and lot splits, this amendment requires the recording of the approval in the Official Records within 12 months of approval. It also requires the submittal of the recorded documents to the Growth Management Department and clarifies the effective date of the approval as the date it is recorded in the Official Public Records. These changes will ensure the correct process is followed, and that the Growth Management Department and Property Appraiser can assign a new property address and/or parcel identification number for a lot split. LDC section 4.03.04 also currently limits the use of access easements to satisfy the frontage requirements to Rural Agricultural (A) and Estates (E) zoning districts. This limitation was originally established because it was assumed that the situation would only occur within A and E zoning districts, not because it was inappropriate to allow access easements in other districts. As a result, staff has allowed access easements to satisfy frontage requirements in any zoning district. This amendment is intended to codify how this section has historically been applied. On occasion, this provision has also been incorrectly construed to suggest that lot splits are prohibited outside the A and E zoning districts. By removing the reference to A and E zoning districts, this amendment may also help to reduce confusion regarding the applicability of lot splits in other zoning districts. This amendment also includes a cross-reference to LDC section 4.03.06 access easement standards for Golden Gate Estates lot divisions. Lastly, the amendment relocates procedures that were deemed to be duplicative to new LDC sections 4.03.04 A and D. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee made recommendations for revisions to the narrative and to the LDC text for clarity, which were Text underlined is new text to be added. Text strikethrough is current text to be deleted. 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\4 03 04 Lot Line Adjustment and Lot Split 2-27-18.docx incorporated into the amendment. The Subcommittee recommended approval on November 13, 2017. DSAC RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. CCPC RECOMMENDATION: The CCPC recommended approval on January 18, 2018 with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 4.03.04 Lot Line Adjustment and Lot Split 1 A. Generally. Only lot line adjustments or lot split requests meeting the applicable land 2 development regulations, including the minimum lot area and lot dimensions for the 3 existing zoning district, may be approved. The approval does not become effective until 4 the lot line adjustment or lot split is recorded with the Clerk of Courts in the Official 5 Records of Collier County, Florida. 6 A B. Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels 7 which may be platted or unplatted and which are under separate ownership or the same 8 ownership shall be exempt from this section if all of the following conditions are met. The 9 Administrative Code shall establish the procedures and submittal requirements for 10 obtaining a lot line adjustment. The lot line adjustment shall be recorded with the Clerk of 11 Courts within 12 months of approval by the County Manager or designee , and a copy of 12 the recorded document shall be provided to the Growth Management Department. 13 1. It is demonstrated that the request is to correct an engineering or surveying error 14 in a recorded plat or is to permit an insubstantial boundary change between 15 adjacent parcels; and 16 2. Both landowners whose lot lines are being adjusted provide written consent to 17 the lot line adjustment; and 18 3. Instrument(s) evidencing the lot line adjustment shall be filed in the official 19 records of Collier County, Florida, upon approval, and shall indicate that the 20 result of the lot line adjustment will meet the standards of, and conforms to, the 21 requirements of this LDC, including the dimensional requirements of the zoning 22 district and the subdivision in which the lots are located. However, in cases of an 23 existing nonconforming lot of record, the adjustment shall not increase the 24 nonconformity of the lot; and 25 4. It is demonstrated that the lot line adjustment will not affect the development 26 rights or permitted density or intensity of use of the affected lots by providing the 27 opportunity to create a new lot(s) for resale or development. 28 B C. Lot Split. All lots must have frontage on a public or private right-of-way, with the 29 exception of 1 one division of a single platted lot or otherwise established lot of record in 30 the Rural Agricultural or Estates zoning district into 2 two lots. Any such lot split may 31 utilize an access easement to satisfy access, and frontage requirements for the lot which 32 would not otherwise have street frontage. 33 Text underlined is new text to be added. Text strikethrough is current text to be deleted. 3 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\4 03 04 Lot Line Adjustment and Lot Split 2-27-18.docx 1. The width of such access easement may not be less than 12 feet and may be 1 required to be wider at the discretion of Collier County staff, to accommodate 2 safe access and turning movements, stormwater drainage pipes and the like. 3 Access easement standards for Golden Gate Estates lot divisions shall be per 4 LDC section 4.03.06. 5 2. The number of access points to a public right-of-way shall not be increased as a 6 result of the lot split if, in the opinion of the county staff, safe and sufficient 7 access may be accomplished with fewer access points than existed prior to the 8 proposed lot split. 9 3. The access easement will create a front yard for setback purposes for all lots 10 abutting the access easement. In cases where access is presently provided by 11 an access easement to existing lots of record in any zoning district which are not 12 part of a recorded or unrecorded subdivision, this easement will serve to satisfy 13 access and frontage requirements for those lots, and yards abutting the 14 easement will be considered front yards for setback purposes. 15 4. Application. The further split or division of a lot, parcel, or any lot of record into 2 16 two proposed parcels must be reviewed and approved by the County prior to any 17 subsequent development orders or development permits issued or approved. 18 Evidence of the County approved lot split shall be provided to the Property 19 Appraiser or Clerk of Courts for their consideration and record-keeping. The lot 20 split shall be recorded with the Clerk of Courts within 12 months of approval by 21 the County Manager or designee, and a copy of the recorded document shall be 22 provided to the Growth Management Department. 23 a. The Administrative Code shall establish the procedures and submittal 24 requirements for obtaining a lot split. 25 b. Appropriate access to the resulting parcels from the public road network 26 shall be demonstrated, and where necessary, may require appropriate 27 easements for joint or cross access to be recorded before an approved lot 28 split becomes effective. 29 c. Only lot split requests meeting the applicable land development 30 regulations, specifically including the minimum lot area and lot 31 dimensions for the existing zoning district, may be approved, but do not 32 become effective until evidence of the County approved lot split is also 33 provided to the Property Appraiser or Clerk of Courts for their 34 consideration and record-keeping, as may be applicable. 35 D. The Administrative Code shall establish the application process and submittal 36 requirements to obtain a lot line adjustment or lot split. 37 # # # # # # # # # # # # # 38 Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\10.01.02 Development Orders Required- EWA Legal Sufficiency 2-27-18.docx 3/1/2018 Land Development Code Amendment Request ORIGIN: Growth Management Department, Development Review Division AUTHOR: Zoning Division Staff LDC SECTION: 10.01.02 Development Orders Required SUMMARY: This amendment proposes to remove the requirement for a determination of legal sufficiency for an Early Work Authorization (EWA) permit agreement. DESCRIPTION: Prior to 2005, in order to commence development prior to the final approval of a development order, a preliminary work authorization in the form established by the County Attorney as a binding agreement was executed by the Board. Ordinance 2005-12 created an EWA permit that was required to be deemed legally sufficient by the County Attorney’s Office and approved administratively by the County Manager or designee. Since 2005, EWA permits have been routinely administered by the County Manager or his designee without requiring the Board to execute an agreement. Because Board approval is no longer required, legal review of the permit is not necessary. Instead, as set forth in the Administrative Code, Chapter 4.D, an applicant submits an application to obtain a EWA permit. If the petition is deemed complete and meets the criteria identified in LDC section 10.01.02 B, the County Manager or designee (Development Review Division) issues a letter of approval and holds a pre-construction meeting prior to commencement of work. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended approval on November 13, 2017 with no changes. DSAC COMMITTEE RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. CCPC RECOMMENDATION: The CCPC recommended approval on January 18, 2018 with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\10.01.02 Development Orders Required- EWA Legal Sufficiency 2-27-18.docx 3/1/2018 10.01.02 - Development Orders Required * * * * * * * * * * * * * 1 2 B. Early Work Authorization (EWA). An EWA permit allows for limited development 3 activities before a development order is issued provided all underlying zoning approvals 4 are in place. The Administrative Code shall establish the submittal requirements to 5 obtain an EWA permit. 6 * * * * * * * * * * * * 7 2. The County may issue an EWA permit for the allowed activities, subject to 8 demonstrated compliance with the following criteria, as applicable: 9 a. The proposed vegetation removal complies with LDC section 3.05.05 O; 10 b. County right-of-way permit has been approved; 11 c. A determination of native vegetation to be retained for landscaping which 12 would comply with LDC section 4.06.00; 13 d. An excavation permit has been approved; 14 e. A Soil Erosion and Sediment Control Plan demonstrating compliance with 15 the provisions of LDC section 6.01.05; 16 f. Copies of all approved Agency permits being submitted, including, but not 17 limited to: SFWMD, ACOE, USFWS, and FFWCC; 18 g. Determination of legal sufficiency of the EWA permit by the County 19 Attorney's Office; 20 h g. A vegetation bond in the form of a performance bond, letter of credit, or 21 cash bond and in the amount of $2,000.00 per acre is posted for 22 stabilization with vegetation in accordance with LDC section 4.06.04 A.3; 23 i h. Assurance that all underlying zoning approvals are in place (e.g. PUD, 24 C.U., etc.); 25 j i. The EWA permit is valid for 60 days with the possibility of two 60-day 26 extensions dependent on the reason for the inability to gain proper 27 approvals. After that time, cleared areas must be graded off and hydro-28 seeded. Where more time is needed, a new EWA may be requested; 29 k j. All preliminary construction activities are at the risk of the developer. 30 # # # # # # # # # # # # # 31 Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\2.03.08 Rural Fringe Zoning Districts 2-27-18.docx Land Development Code Amendment Request ORIGIN: Growth Management Department, Zoning Division AUTHOR: David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section LDC SECTION(S): 2.03.08 Rural Fringe Zoning Districts SUMMARY: This amendment modifies provisions related to the Rural Fringe Mixed Use District and the Rural Fringe Areas map for clarity and to ensure consistency with the Growth Management Plan (GMP). DESCRIPTION: This amendment makes the following four changes to LDC section 2.03.08 A.1.a: (1) The complete acronym is provided for the Rural Fringe Mixed Use District in the Future Land Use Element (FLUE) of the Collier County GMP, and notes that it is the designation in the FLUE. This change provides a distinction between the RFMUD acronym used in the FLUE and the RFMU District acronym used in the LDC; without such a distinction, the reader may not know which regulation (FLUE or LDC) is being referenced. (2) A statement is added that the RFMU District replaces the underlying Rural Agricultural “A” zoning district – which reflects how the County has applied the RFMU District since its adoption in 2004 - except where development standards are omitted in the RFMU District (e.g. setbacks for accessory structures). Due to the exemption language in this overlay, this overlay only applies to properties zoned “A.” This amendment is a clarification of how this overlay is applied, which differs from the typical overlay that is applied in conjunction with the underlying zoning. (3) An outdated building name is updated with the Growth Management Department in LDC section 2.03.08 A.1.a. (4) The Rural Fringe Areas map is modified in LDC section 2.03.08 A.1.a to remove the site of the Corkscrew Island Neighborhood Center Subdistrict (indicated by the arrow in the image below) which is the same as the Corkscrew Commercial Center PUD. This change makes the Rural Fringe Areas map consistent with a past amendment to the FLUE and Future Land Use Map (Ord. No. 07-78). Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\2.03.08 Rural Fringe Zoning Districts 2-27-18.docx Excerpt from proposed Rural Fringe Areas map with location of change indicated: This amendment makes the following change to LDC section 2.03.08 A.1.b: LDC section 2.03.08 A.1.b. is modified to clearly state that the RFMU District is not applicable to lands not zoned A, Rural Agricultural, and that “expansions” of existing uses refers to on -site expansions of the use not property expansion to reflect and be consistent with Ordinance 2013-14, which amended the same language in the FLUE. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee unanimously recommended approval on November 13, 2017, with no changes. DSAC RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. CCPC RECOMMENDATION: The CCPC recommended approval on January 18, 2018, with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: This amendment will make the LDC section consistent with the FLUE. RELATED CODES OR REGULATIONS: Collier County Growth Management Plan, Future Land Use Element, II. Agricultural/Rural Designation, B. Rural Fringe Mixed Use District, 4. Exemptions from the Rural Fringe Mixed Use District Development Standards; and, the countywide Future Land Use Map in the GMP. Amend the LDC as follows: 2.03.08 - Rural Fringe Zoning Districts 1 A. Rural Fringe Mixed-Use District (RFMU District). 2 1. Purpose and scope. The purpose and intent of the RFMU Ddistrict is to provide 3 a transition between the Urban and Estates Designated lands and between the 4 Urban and Agricultural/Rural and Conservation designated lands farther to the 5 east. The RFMU Ddistrict employs a balanced approach, including both 6 Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\2.03.08 Rural Fringe Zoning Districts 2-27-18.docx regulations and incentives, to protect natural resources and private property 1 rights, providing for large areas of open space, and allowing, in designated 2 areas, appropriate types, density and intensity of development. The RFMU 3 Ddistrict allows for a mixture of urban and rural levels of service, including limited 4 extension of central water and sewer, schools, recreational facilities, commercial 5 uses, and essential services deemed necessary to serve the residents of the 6 RFMU Ddistrict. The innovative planning and development techniques which are 7 required and/or encouraged within the RFMU Ddistrict were developed to 8 preserve existing natural resources, including habitat for listed species, to retain 9 a rural, pastoral, or park-like appearance from the major public rights-of-way, and 10 to protect private property rights. 11 a. Establishment of RFMU Zoning Overlay District. In order to implement the 12 Rural Fringe Mixed Use District (RFMUD) designation in the Future Land 13 Use Element (FLUE) of the GMP, the RFMU District shall be designated 14 as "RFMUO" on the Official Zoning Atlas and is hereby established. The 15 RFMU District replaces the underlying zoning district where that 16 underlying zoning district is A, Rural Agricultural, except where 17 development standards are omitted in the RFMU District. The County-18 wide Future Land Use Map is located in the Future Land Use Element of 19 the GMP or can be obtained at the Community Development Building 20 from the Growth Management Department, located at 2800 N. Horseshoe 21 Drive, Naples, FL 34104. The lands included in the RFMU District and to 22 which this LDC section 2.03.08 apply are depicted by the following map: 23 24 Text underlined is new text to be added Text strikethrough is current text to be deleted 4 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\2.03.08 Rural Fringe Zoning Districts 2-27-18.docx Map to be replaced: 1 2 3 Text underlined is new text to be added Text strikethrough is current text to be deleted 5 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\2.03.08 Rural Fringe Zoning Districts 2-27-18.docx Map to be added: 1 2 3 4 Text underlined is new text to be added Text strikethrough is current text to be deleted 6 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\2.03.08 Rural Fringe Zoning Districts 2-27-18.docx b. Exemptions. The requirements, limitations and allowances of this section 1 shall not apply to, affect or limit the continuation of existing uses. Existing 2 uses shall include: those uses for which all required permits were issued 3 prior to June 19, 2002; , and or, projects for which a Conditional use or 4 Rezone petition has been approved by the County prior to June 19, 2002; 5 , or, projects for which a Rezone petition has been approved by the 6 County prior to June 19, 2002 – inclusive of all lands not zoned A, Rural 7 Agricultural; or, land use petitions for which a completed application has 8 been submitted prior to June 19, 2002. The continuation of existing uses 9 shall include on-site expansions of those uses if such expansions are 10 consistent with or clearly ancillary to the existing uses. Hereafter, such 11 previously approved developments shall be deemed to be consistent with 12 the Plan's Goals, Objectives and Policies and for the RFMUD district, and 13 they may be built out in accordance with their previously approved plans. 14 Changes to these previous approvals shall also be deemed consistent 15 with the Plan's Goals, Policies and Objectives for the RFMUD district as 16 long as they do not result in an increase in development density or 17 intensity. 18 # # # # # # # # # # # # # 19 Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\LDCA 2.03.08C 3.05.07C NBMO Sec. 24 2-27-18.docx Land Development Code Amendment Request ORIGIN: Growth Management Department, Zoning Division AUTHOR: David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section LDC SECTIONS: 2.03.08 Rural Fringe Zoning Districts 3.05.07 Preservation Standards SUMMARY: This amendment modifies provisions related to the North Belle Meade Overlay specific only to Section 24, Township 49 South, Range 26 East, to ensure consistency with the Collier County Growth Management Plan (GMP). DESCRIPTION: This amendment makes the following two changes to LDC section 2.03.08 C.: (1) Adds reference to a Future Land Use Element (FLUE) provision that resulted from a partial stipulated settlement agreement in 2010; recognizes that FLUE provision, which is specific to one Section within the North Belle Meade Overlay, as the controlling regulation for that Section; and, provides that the native vegetation preservation requirement for that Section is as contained in the FLUE, based upon the settlement agreement. (2) Corrects numbering and lettering format in LDC section citations. This amendment makes the following change to LDC section 3.05.07 C.2.: (1) Corrects a cross-reference to LDC section 2.03.08. All of these changes make the LDC consistent with a prior amendment to the FLUE and Future Land Use Map (FLUM) series (Ord. No. 10-49). DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended approval on November 13, 2017, with no changes. DSAC RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. CCPC RECOMMENDATION: The CCPC recommended approval on January 18, 2018, with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: This amendment will make the LDC sections consistent with the FLUE and FLUM series. Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\LDCA 2.03.08C 3.05.07C NBMO Sec. 24 2-27-18.docx RELATED CODES OR REGULATIONS: Collier County GMP, FLUE, V. Overlays and Special Features, B. North Belle Meade Overlay; North Belle Meade Overlay Section 24 Map, part of the FLUM series; and, Conservation and Coastal Management Element, Policy 6.1.2. Amend the LDC as follows: 2.03.08 - Rural Fringe Zoning Districts 1 * * * * * * * * * * * * * 2 C. North Belle Meade Overlay District (NBMO). 3 * * * * * * * * * * * * * 4 5. Additional specific area provisions. 5 a. Receiving lands. 6 * * * * * * * * * * * * * 7 (4) NBMO rural village. A NBMO rural village shall adhere to the 8 provisions for rural village set forth in LDC section 2.03.08 A.2.b. 9 (A)(2)(b), except as follows: 10 (a) Density. An NBMO rural village shall have a minimum 11 gross density of 1.5 dwelling units per acre and a 12 maximum gross density of three (3) dwelling units per acre. 13 i. The minimum required density shall be achieved 14 through TDR credits, TDR Bonus Credits, and 15 Rural Village Bonus credits, as provided in LDC 16 section 2.03.08 A.2.b.(3)(c) (C). 17 * * * * * * * * * * * * * 18 b. Neutral lands. Neutral lands shall be governed by the standards set forth 19 in LDC section 2.03.08 A.3. (A)(3), with the exception that, in those In 20 addition to standards in LDC section 2.03.08 A.3., neutral lands located in 21 Section 24, Township 49 South, Range 26 East, shall be governed by the 22 North Belle Meade Overlay in the Future Land Use Element of the GMP. 23 Where there is a conflict between provisions, the GMP overlay provisions 24 shall apply. a minimum of 70% of the native vegetation present shall be 25 preserved. 26 # # # # # # # # # # # # # 27 28 3.05.07 Preservation Standards 29 * * * * * * * * * * * * * 30 C. Specific standards for the RFMU district. For Lands within the RFMU district, native 31 vegetation shall be preserved through the application of the following preservation and 32 vegetation retention standards and criteria, in addition to the generally app licable 33 standards and criteria set forth in LDC section 3.05.07 A (above). Further, for the 34 portion of the Lake Trafford/Camp Keais Strand System located within the Immokalee 35 Urban Designated Area, native vegetation shall be preserved on site through the 36 application of the Neutral Lands standards established in LDC section 3.05.07 C.2 37 (below). 38 * * * * * * * * * * * * * 39 2. Neutral lands. 40 a. In neutral lands, a minimum of 60% of the native vegetation present, not 41 to exceed 45% of the total site area shall be preserved. 42 b. Exceptions. 43 Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\LDCA 2.03.08C 3.05.07C NBMO Sec. 24 2-27-18.docx i. In those neutral lands located in Section 24, Township 49 South, 1 Range 26 East, in the NBMO, native vegetation shall be 2 preserved as set forth in LDC section 2.03.08 D C.5.b. 3 # # # # # # # # # # # # # 4 Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\LDCA 4.02.14 Design Standards ACSC-ST 2-27-18.docx Land Development Code Amendment Request ORIGIN: Growth Management Department, Zoning Division AUTHOR: David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section LDC SECTION: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts ZONING MAPS: 522930, 2033N, 2033S, 2034N, 2034S SUMMARY: This amendment modifies provisions related to the Big Cypress Area of Critical State Concern (ACSC) and five zoning maps within Township 52 South, Range 30 East, in order to ensure consistency with the Growth Management Plan (GMP). DESCRIPTION: This amendment makes the following change to LDC section 4.02.14 A.: (1) Adds an acknowledgement that an agreement may be entered regarding the ACSC regulations, pursuant to State law . This amendment makes the following two changes to LDC section 4.02.14 C.: (1) Adds a list of exotic plant species prohibited specifically within the ACSC that are not listed in LDC section 3.05.08. (2) Adds a list of wetland plant species that cannot be destroyed and removes the reference to all wetland plants as listed by the Florida Department of Environmental Protection. This amendment makes the following change to zoning atlas maps 522930, 2033N, 2033S, 2034N, 2034S: (1) Removes the ACSC overlay acronym (“ACSC/”) for all of Sections 27, 28, 33 and 34, Township 52 South, Range 30 East (See Exhibit A). These four Sections are specifically exempted (in Rule Chapter 28-25.001 Boundary) from the State’s ACSC regulations, and the ACSC Overlay in the Future Land Use Element (FLUE) of the GMP also exempts these Sections. All of these changes make the LDC text and zoning maps consistent with a recent amendment to the FLUE and Future Land Use Map (Ord. No. 17-22). DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended approval on November 13, 2017, with no changes. DSAC RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\LDCA 4.02.14 Design Standards ACSC-ST 2-27-18.docx CCPC RECOMMENDATION: The CCPC recommended approval on February 7, 2018, with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: This amendment will make the LDC section and zoning maps consistent with the FLUE. RELATED CODES OR REGULATIONS: Collier County GMP, FLUE, V. Overlays and Special Features, A. Area of Critical State Concern Overlay; and, the countywide FLUM in the GMP. Amend the LDC as follows: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 1 A. All development orders issued within the Big Cypress Area of Critical State Concern 2 Special Treatment Overlay (ACSC -ST) shall comply with the Florida Administrative 3 Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical 4 State Concern, except as provided by Agreement pursuant to Chapter 380.032(3), F.S . 5 * * * * * * * * * * * * * 6 C. Site alteration within the ACSC-ST. 7 * * * * * * * * * * * * * 8 3. Soils exposed during site alteration shall be stabilized and retention ponds or 9 performance equivalent structures or system maintained in order to retain 10 runoff and siltation on the construction site. Restoration of vegetation to site 11 alteration areas shall be substantially completed within 180 days following 12 completion of a development. Revegetation shall be accomplished with 13 preexisting species except that undesirable exotic species shall not be 14 replanted or propagated. Undesirable Eexotic species included are those 15 enumerated in LDC section 3.05.08 of this code and the following:. 16 a) Bishopwood (Bischofia javanica); 17 b) Castor bean (Ricinus communis); 18 c) Common papaya (Carica papaya) 19 d) Common snakeplant (Sanseviera trifasciata); 20 e) Day jessamine (Cestrum diurnum); 21 f) Hunters robe (Raphidophora aurea); 22 g) Queensland umbrella tree (Schefflera actinophylla); 23 h) Trailing wedelia (Wedelia trilobata). 24 4. No mangrove trees or salt marsh grasses shall be destroyed or otherwise 25 altered. Plants specifically protected by this regulation include: all wetland 26 plants listed by the Florida DEP in the Florida Administrative Code. 27 a) Red mangrove (Rhizophora mangle); 28 b) Black mangrove (Avicennia nitida); 29 c) White mangrove (Laguncularia racemosa); 30 d) Needlerush (Juncus roemerianus); 31 e) Salt cordgrasses (Spartina alterniflora, S. patens, S. cynosuroides, S. 32 spartinae); 33 f) Seashore saltgrass (Distichlis spicata). 34 # # # # # # # # # # # # # 35 SR 29BIG CYPRESS NATIONAL PRESERVET52S T53SR30E36R29E25 31 30 24 19 18 12 7 20 CR837 17 8 US 41 28 27 26CR84121 22 16 9 15 10 23 14 11 R30ER31E25 T53ST52S CR83924 13 12R30E1R29E654CR837321 R30ET52ST51S R31EFAKAHATCHEE STRAND987 U.S. ROUTE 41 (TAMIAMI TRAIL) 18 21 20 17 16 6 5 4 1110 26 15 22 14 23 3 2 T52S T51S R28ER29ECON-ACSC/ST 2 2913S 2033N 2912S 2913N 2033S 2034N 2034S 2032 2029 2022S 2026S 203536 Pu"b"1 A-ACSC/ST CON-ACSC/ST NUC 4 CU"23"3,5 CU"22"6 CON-ACSC/STFAKAHATCHEE STATE PARKBIG CYPRESS NATIONAL PRESERVESV 7 V 8 9ST/W-2 9ST/W-1 ST/W-3 9 ST/W-4 9 CU10 SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 52S RNG 29E & 30E MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$522930 5329305228 523132512930 NO. NAME P.B. Pg. 12345678910 ZONING NOTES1 10-23-90 PU-90-19 90-5162 LDC-913 3-24-98 CU-92-16(1) 98-864 4-13-93 NUC-93-1 93-1615 3-23-93 CU-92-16 93-1296 3-8-94 CU-93-18 94-1597 1-24-95 SV-94-4 95-748 12-12-00 V-00-29 00-4609 9-25-12 LDC ORD. 12-3810 1-10-06 CU-03-AR-4647 06-10THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. NO. NAME P.B. Pg. 11121314151617181920 INDICATES SPECIAL TREATMENT OVERLAY INDICATES PARK BOUNDARY R 29 E R 30 E T 52 S0 4,800 SCALE 8-14-17 SR 29BIG CYPRESS NATIONAL PRESERVET52S T53SR30E36R29E25 31 30 24 19 18 12 7 20 CR837 17 8 US 41 28 27 26CR84121 22 16 9 15 10 23 14 11 R30ER31E25 T53ST52S CR83924 13 12R30E1R29E654CR837321 R30ET52ST51S R31EFAKAHATCHEE STRAND987 U.S. ROUTE 41 (TAMIAMI TRAIL) 18 21 20 17 16 6 5 4 1110 26 15 22 14 23 3 2 T52S T51S R28ER29ECON-ACSC/ST 2 2913S 2033N 2912S 2913N 2033S 2034N 2034S 2032 2029 2022S 2026S 203536 Pu"b"1 A-ACSC/ST CON-ACSC/ST NUC 4 CU"23"3,5 CU"22"6 CON-ACSC/STFAKAHATCHEE STATE PARKBIG CYPRESS NATIONAL PRESERVESV 7 V 8 9ST/W-2 9ST/W-1 ST/W-3 9 ST/W-4 9 CU10 CON - ST SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 52S RNG 29E & 30E MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$522930 5329305228 523132512930 NO. NAME P.B. Pg. 12345678910 ZONING NOTES1 10-23-90 PU-90-19 90-5162 LDC-913 3-24-98 CU-92-16(1) 98-864 4-13-93 NUC-93-1 93-1615 3-23-93 CU-92-16 93-1296 3-8-94 CU-93-18 94-1597 1-24-95 SV-94-4 95-748 12-12-00 V-00-29 00-4609 9-25-12 LDC ORD. 12-3810 1-10-06 CU-03-AR-4647 06-10THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. NO. NAME P.B. Pg. 11121314151617181920 INDICATES SPECIAL TREATMENT OVERLAY INDICATES PARK BOUNDARY R 29 E R 30 E T 52 S0 4,800 SCALE 10-3-17 LDCA EXHIBIT "A"DRAFT 3 4 5 6 7 8 1 2 DONA DRIVEEGRET CANALM-29 M-30 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11C-12C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-26C-27C-28C-29C-25M-31M-32M-33M-34M-35M -3 6 M -3 7 M -3 8 M -3 9 M -4 0 M -4 1 M -4 2 M 0 4 3 68 M-69 M-70 M-71 M-72 73 98 99 100 101 102 103 104 105 106MAHOGANY DR.CANALSNOOKMAGNOLIA LN.ROYAL PALMTAMIAMI TRAIL (U.S. 41)CANALSATINWOODDRIVE33 33 DRIVE11 1 1 2 2 S.R. 837CON-ST C4-ST RSF-4-ST 2 CON-ST CON-ST 2 2 2 2 2 2 LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 52S RNG 30E SEC(S) 33 NO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$2033N 2033S2032 2034N522930 NO. NAME P.B. Pg. 1 EVERGLADE SHORES UNIT 1 6 12 KENTUCKYANA ESTATES UNIT 1 9 98345678910 ZONING NOTES1 2 LDC-913 4 5 6 7 8 9 10 SCALE 0 400 THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. NO. NAME P.B. Pg. 11121314151617181920 LDCA EXHIBIT "A"DRAFT 2 2 2 1 1 1 1 RSF-4-ST V CON-ST 33 33 1 DONA DRIVEEGRET CANALCANALARROW HEADMAHOGANY DRIVESATINWOOK DRIVECANALCANALLANEPINE CANALTARPONSEA GRAPE DRIVESNOOKTORCHWOOD DRIVECANALROYAL PALM DRIVEBUTTONWOOD DRIVECANALC-3 C-2 C-1 192191 190 189 188 187 186 185 184 183 182 181 180179178 177 176 175 174 173 172 171 170 169 168 167166 165 164 163 162 161 160 159 158 157 156 155154153 152 151 150 149 148 147 146 145 144 143 142141 140 139 138 137 136 135 134 133 132 131 130 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 110 109 108 107 97 96 95 94 93 92 91 90 89 88 87 8685 84 83 82 81 80 79 78 77 76 75 7467 66 65 64 63 62 61 60 59 58 57 5655 54 53 52 51 50 49 48 47 46 45 44 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 12 11 10 9 2 LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 52S RNG 30E SEC(S) 33 SO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$2033S 5329302032 2034S2033N NO. NAME P.B. Pg. 1 EVERGLADE SHORES UNIT 1 6 12 KENTUCKYANA ESTATES UNIT 1 9 98345678910 ZONING NOTES1 8-6-85 V-84-28C 85-167 (MIN LOT REQ.)2 LDC-913 4 5 6 7 8 9 10 SCALE 0 400 THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. NO. NAME P.B. Pg. 11121314151617181920 LDCA EXHIBIT "A"DRAFT POST OFFICEOCHOPEE HD 2 1 1 1 1 1 1 TAMIAMI TRAIL (U.S. 41) 34 34 CON-STS.R. 83726 25 24 23 22 21 20 19 18 17 1610 9 8 7 6 5 4 3 2 1 32313029282726252423 22 21 20 19 18 17 16 15 14 13 12 1110987654321 ALLEY OSPREY CANALDONA DRIVE1 2 3 9 8 7 6 5 4 LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 52S RNG 30E SEC(S) 34 NO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$2034N 2034S2033N 203536522930 NO. NAME P.B. Pg. 1 KENTUCKYANA ESTATES UNIT 1 9 982345678910 ZONING NOTES1 LDC-912 9-27-94 HD-94-1 94-7063 4 5 6 7 8 9 10 SCALE 0 400 THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. NO. NAME P.B. Pg. 11121314151617181920 LDCA EXHIBIT "A"DRAFT 1 11 3434 CON-ST 15 14 1312 11 OSPREY CANALDONA DRIVE18 17 16 15 14 13 12 11 10 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 11 LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 52S RNG 30E SEC(S) 34 SO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$2034S 5329302033S 3035362034N NO. NAME P.B. Pg. 1 KENTUCKYANA ESTATES UNIT 1 9 982345678910 ZONING NOTES1 LDC-912 3 4 5 6 7 8 9 10 SCALE 0 400 THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. NO. NAME P.B. Pg. 11121314151617181920 LDCA EXHIBIT "A"DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\6.01.05 Soil Erosion and Sediment Control Plan 2-27- 18.docx Land Development Code Amendment Request ORIGIN: Growth Management Department-Capital Project Planning, Impact Fees, and Program Management Division-Pollution Control and Prevention Section AUTHOR: Zoning Division Staff LDC SECTION: 6.01.05 Soil Erosion and Sediment Control Plan SUMMARY: This amendment proposes to require Best Management Practices (BMPs) for soil erosion and sediment control for developments such as single-family, two-family, townhouse structures, as well as underground construction activities. DESCRIPTION: Both the State of Florida and County have established performance standards for soil erosion and sediment control during grading and land alternations to retain sediment on- site. Florida’s stormwater regulatory program requires the use of BMPs during and after construction to minimize soil erosion, sedimentation, and manage runoff. The Florida Stormwater, Erosion and Sedimentation Control Inspector’s Manual (July 2008) cites the following; “The goals of Florida’s stormwater regulatory program and the Florida Department of Environmental Protection (FDEP) are to protect water quality and to minimize erosion and sedimentation by requiring the use of effective Best Management Practices (BMPs) during and after grading.” At the county level, Objective 5.4 in the Conservation and Coastal Management Element (CCME) of the GMP requires the County to “maintain…regulations identifying criteria to control and reduce soil erosion and sediment transport from construction and other nonagricultural land disturbing activities.” Additionally, Collier County’s National Pollutant Discharge Elimination System, Phase 2 Stormwater Permit requires the County to control pollution from construction sites, and it includes procedures for site inspection and enforcement. Currently, these requirements are met through the submittal of a Soil Erosion and Sediment Control Plan, as required in LDC section 6.05.01, for developments to obtain construction approval by an Early Work Authorization (EWA) permit, Site Development Plan (SDP), or Site Improvement Plan (SIP). However, LDC section 10.02.03 A.3 inadvertently exempts a number of construction activities from using BMPs because they are not required to obtain an EWA permit, SDP, or SIP approval. As a result, staff frequently receives complaints regarding soil erosion and sedimentation issues at construction sites for single family homes, duplexes, or townhomes such as the example shown in Figures 1 and 2. These issues not only disturb surrounding properties, stormwater systems, and other waterways, but also cause construction delays, fines, and additional expenses to reverse the damage caused by missing or inadequate soil erosion and sedimentation control measures. This amendment requires those projects not required to submit a Soil Erosion and Sediment Control Plan to implement BMPs for sediment and erosion control. Typically, BMPs are described in Chapter 4 of the FDEP’s “Florida Stormwater, Erosion and Sedimentation Control Inspector’s Manual.” These standards include: 1) perimeter controls such as silt-fence, floating turbidity Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\6.01.05 Soil Erosion and Sediment Control Plan 2-27- 18.docx barriers when adjacent to waterways, or straw bale to stabilize soil and 2) storm drain inlet protection such as a fabric drop, sod drop, or gravel and wire mesh inlet sediment filter. However, the specific control measures required will depend on the characteristics of each construction site and adjoining property. Per LDC section 10.02.06 B.1.e., it is further noted that any of the following property improvements, lot clearing, grading, stockpiling of soil, demolition, building construction or reconstruction, building alteration or addition cannot commence without a building permit or vegetation removal permit. Therefore, the Building Division shall, at the time of the first building inspection, determine if the appropriate BMP for erosion and soil control is effective. Figure 1. Absence of silt fence and soil stabilization adjacent to waterway. Figure 2. Off-site sedimentation. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended removing the word “discarded” from the reference to building materials in subsection B.3. This change was incorporated into the amendment and the DSAC-LDR Subcommittee recommended approval on November 13, 2017. DSAC COMMITTEE RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. CCPC RECOMMENDATION: The CCPC recommended approval on January 18, 2018 with no changes. FISCAL & OPERATIONAL IMPACTS: No operational impacts are anticipated as the building department will observe compliance at the time of the first building inspection. Depending on the site characteristics and BMP, additional costs can be incurred once development commences. GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\6.01.05 Soil Erosion and Sediment Control Plan 2-27- 18.docx 6.01.05 - Soil Erosion and Sediment Control Plan 1 A. Soil Erosion and Sediment Control Plan. For new and existing development and 2 construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04 3 and 10.02.05, a soil erosion and sediment control plan shall be prepared and submitted 4 for approval with the required construction documents for each proposed project as 5 prescribed by objective 5.4 and policy 5.4.1 of the Conservation and Coastal 6 Management Element of the Collier County Growth Management Plan. 7 1. Application. The Administrative Code shall establish the procedure and submittal 8 requirements for a Soil Erosion and Sediment Control Plan. 9 B. Developments not requiring a Soil Erosion and Sediment Control Plan shall implement 10 and maintain best management practices in accordance with the Florida Stormwater 11 Erosion and Sedimentation Control Manual for sediment and soil erosion control, to 12 prevent the transport of sediment and pollutants off site. 13 1. All sediment and soil erosion control devices shall be installed prior to the 14 commencement of construction for demolition, renovation, alteration, 15 construction, stockpiling of fill, lot clearing or grading. 16 2. During construction activities, the applicant shall remove any pollutant, silt, 17 debris, or dirt resulting from the construction activities that accumulates off site or 18 within any stormwater management system, including but not limited to swales, 19 lakes, ponds, canals, and waterways. 20 3. Debris generated on site, including but not limited to building materials, concrete 21 truck wash-out, litter, and sanitary waste shall be stored, secured, or otherwise 22 controlled on site. 23 # # # # # # # # # # # # # 24 Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\LDC Section 9.04.04 - 2-27-18 .docx Land Development Code Amendment Request ORIGIN: Growth Management Department, Operations and Regulatory Management Division & Zoning Division AUTHOR: Zoning Division Staff LDC SECTION: 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment SUMMARY: This amendment creates an exception from the requirement to pursue an Administrative Variance (AVA) for residential structures with setback encroachments of three inches or less that result from the application of exterior wall treatments. DESCRIPTION: For many years, the Growth Management Department has received daily requests seeking to determine if a residential structure complies with zoning regulations. These inquiries often occur during the due-diligence stage of the sale of a property and include an as- built survey of the structure. If the as-built survey shows a structural encroachment into the required setbacks, the owner would need a variance to clear the encumbrance from the property title, placing an unexpected financial burden on those seeking to purchase or sell a property. Although the as-built survey may show the structure with a setback encroachment, further research into the property often shows the building permit for the structure was approved and issued with the required setbacks in effect at that time, a Certificate of Occupancy (CO) was granted, and the structure satisfied the structure-to-structure separation requirements. During the building permit process, a spot survey is required after the slab inspection but will only demonstrate the location of the slab. Therefore, these encroachments may occur when the exterior frame walls are constructed flush with the outer most edge of the slab, and the added exterior wall treatments extend into the required yard. Examples of the exterior wall treatments may include stucco, siding, or stone finishes. Currently, LDC section 9.04.04 B establishes that requests where building permits and COs were granted qualify for administrative variance approval if the encroachment does not exceed ten percent of the required yard with a maximum of two feet. Since 2014, approximately 37 percent of AVAs approved in accordance with LDC Section 9.04.04 B were for encroachments of less than three inches. The County would not require the homeowner to pursue a variance for these types of encroachments, as the amendment proposes to deem the residential structures compliant with the applicable development standards within the LDC, when the following has occurred: • A building permit has been granted; • The building permit was approved utilizing the required setbacks in effect at that time; • A CO has been granted; • The encroachment does not exceed three inches into the required yard; • The only portion of the structure encroaching into the required yard is the exterior wall treatment; and • The required structure to structure separation, as identified in LDC section 4.02.02, is satisfied. Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\4-10-18\LDC Section 9.04.04 - 2-27-18 .docx However, the exception is not applicable to the foundation or other architectural design features that encroach into required yards. DSAC-LDR S UBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended approval on November 13, 2017, with no changes. DSAC RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. CCPC RECOMMENDATION: The CCPC recommended approval on January 18, 2018, with no changes. FISCAL & OPERATIONAL IMPACTS: This amendment will result in fewer Administrative Variances. However, if homeowners still require verification the property meets setbacks, this may increase the number of requests for Zoning Verification Letters. This could decrease fees collected by the Growth Management Department. However, by eliminating the need for AVAs, homeowners with encroachments of three inches or less may save the cost of the application fee and any other consultant fees associated with obtaining the administrative variance. GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 9.04.04 – Specific Requirements for Minor After-the-Fact Encroachment 1 Minor after-the-fact yard encroachments for structures, including principal and accessory 2 structures, may be approved administratively by the County Manager or designee. Exceptions 3 to required yards as provided for within LDC section 4.02.01. D shall not be used in the 4 calculations of existing yard encroachments. 5 * * * * * * * * * * * * * 6 B. For both residential and non-residential structures, the County Manager or designee 7 may administratively approve minor after-the-fact yard encroachments of up to ten (10) 8 percent of the required yard with a maximum of two (2) feet when a building permit and 9 certificate of occupancy has been granted. The encroachment applies to the yard 10 requirement in effect as of the date the building permit was issued. 11 1. Exception. Residential structures shall be deemed compliant with the applicable 12 development standards and no variance shall be required when the following 13 additional conditions apply: 14 a. The building permit and certificate of occupancy were approved in 15 compliance with the required setbacks in effect at that time; 16 b. The encroachment does not exceed three inches into the required yard; 17 c. The only portion of the structure encroaching into the required yard is the 18 exterior wall treatment; and 19 d. The required structure to structure separation, as identified in LDC 20 section 4.02.02, is satisfied. 21 * * * * * * * * * * * * * 22 # # # # # # # # # # # # # 23 Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Current Work\Jeremy\LDCA Limits-Process\10.02.09 Removing LDCA Limits 2-27-18.docx Land Development Code Amendment Request ORIGIN: Growth Management Department, Planning and Zoning Staff AUTHOR: Growth Management Department, Planning and Zoning Staff LDC SECTION: 10.02.09 Requirements for Text Amendments to the LDC SUMMARY: This amendment proposes to modify the number of times amendments to the Land Development Code (LDC) may be made. DESCRIPTION: Currently, LDC section 10.02.09 states that amendments to the LDC may be made no more than twice a year, unless the Board of County Commissioners (Board) directs additional amendments by super-majority vote. LDC amendments are initiated in several ways: • The Board directs amendments; • The Collier County Planning Commission (CCPC) directs amendments; • State legislation mandates changes to local government regulations; • Private entities request amendments; • Growth Management Plan (GMP) amendments require LDC amendments; or • Collier County staff propose LDC amendments. Each of the above sources of LDC amendments may include different timeframes for completion of LDC amendments, for example: • Local moratoria sometimes require LDC amendments at a faster pace than, or out of cycle with, other planned amendments; • State legislation may become effective at various times of the year; • Privately initiated amendments may be requested at any time; or • GMP changes may require concurrent LDC amendments. Due to the variety of sources and timeframes of LDC amendments, the current maximum of two LDC amendments per year places an unnecessary limitation on staff time and resources. Given the limitation is not statutorily required, this amendment proposes to remove the limitation in order to better reflect the origination, frequency, and time constraints historically associated with LDC amendments. The procedures for privately initiated LDC amendments are also addressed through a companion Administrative Code amendment (See Exhibit A). The Administrative Code amendment clarifies the application requirements, review process, and adds a requirement for a pre-application meeting for privately-initiated LDC amendments. Regardless of the source or timing, LDC amendments are reviewed at several public meetings, including, at a minimum: • Development Services Advisory Committee - Land Development Review Subcommittee (DSAC-LDR) (1 meeting) • DSAC (1 meeting) • Environmental Advisory Council (EAC) (1 advertised hearing, if necessary) • CCPC (1 or 2 advertised hearings) • Board of County Commissioners (1 or 2 advertised hearings) Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Current Work\Jeremy\LDCA Limits-Process\10.02.09 Removing LDCA Limits 2-27-18.docx DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee recommended approval on November 14, 2017, with no changes. DSAC RECOMMENDATION: The DSAC recommended approval on December 6, 2017, with no changes. CCPC RECOMMENDATION: The CCPC recommended approval on January 18, 2018, with no changes. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 10.02.09 Requirements for Text Amendments to the LDC 1 A. Text Amendments to the LDC. 2 1. Amendments to the LDC may be made no more than twice during the calendar 3 year as scheduled by the County Manager, except if the Collier County Board of 4 County Commissioners, by at least a super-majority vote, directs that additional 5 amendments be made for specific purposes. 6 21. The LDC may only be amended in such a way as to preserve the consistency of 7 the LDC with the Growth Management Plan. 8 32. The Administrative Code shall establish the submittal requirements for LDC 9 amendments. 10 # # # # # # # # # # # # # 11 Text underlined is new text to be added Text strikethrough is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 1 Exhibit A B. Privately Initiated Land Development Code Amendments – Privately Initiated Text Amendments Reference LDC section 10.02.09, LDC Public Notice subsection 10.03.06 A and K, F.S. § 163.3202, and F.S. § 125.66.  See LDC section 10.03.06 for County Initiated Text LDC Amendments. Applicability Privately initiated Aamendments that supplement, change, or repeal the text of the LDC. Pre-Application A pre-application meeting is not required. Initiation The applicant files an “Application for Amendment to the Land Development Code.” with the Planning & Zoning Division. Application Contents The application must include the following information: 1. Applicant Contact Information. 2. Completed LDC Amendment Request form. 3. Pre-application meeting notes. 4. LDC amendment request document, including the following. • The applicant’s name; • The name of the author of the LDC text amendment; • All LDC sections to be modified by the amendment; • A written statement briefly describing the change requested; • A written statement describing the justification for the amendment and any other relevant information about the change requested; • A written statement describing any potential fiscal or operational impacts associated with the amendment; • A written statement addressing the amendment’s consistency with the Growth Management Plan; • Changes to the LDC shall be identified in a strikethrough/underline format. Strikethrough language represents removal and underlined language represents new language.; and • All cross references to the section in the LDC shall be checked and amended if necessary. 5. Electronic copies of all documents. Completeness and Processing of Application The Growth Management Division 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., XXX201200000) assigned to the Text underlined is new text to be added Text strikethrough is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 2 Exhibit A petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Requirements for Amendments which affect 10 acres or less of land and do not change the list of permitted, conditional or prohibited uses within a zoning category Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • The title of the proposed ordinance or resolution; • Date, time, and location of the hearing; and • Places(s) within the county where the proposed ordinance may be inspected by the public.; and • LDC amendments that change the zoning map designation of 10 acres or more of land or change the permitted, conditional, or prohibited uses within a zoning category shall include a 2 in. x 3 in. map of the project location. Notice for Amendments which affect 10 acres or more of land and do change the list of permitted, conditional or prohibited uses within a zoning category Notification requirements are as above, with the addition of: • 2 in. x 3 in. map of the project location of which amends the Zoning Atlas and/or changes the permitted, conditional, and prohibited uses within a zoning category in the County. Public Hearings for Amendments which affect 10 acres or less of land and do not change the list of permitted, conditional or prohibited uses within a zoning category For LDC amendments that change the zoning map designation of less than 10 acres of land or do not change the list of permitted, conditional, or prohibited uses within a zoning district: 1. The EAC shall hold at least 1 one advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 one advertised public hearing. 3. The BZA BCC shall hold at least 1 one advertised public hearing. For LDC amendments that change the zoning map designation of 10 acres or more of land, or change the list of permitted, conditional, or prohibited uses within a zoning district: 1. The EAC shall hold at least one advertised public hearing, if required. 2. The Planning Commission shall hold at least one advertised public hearing. • The Planning Commission may elect by a majority decision to hear the ordinance or resolution at two advertised public hearings. If there is only one advertised public hearing, the hearing shall be held after 5:00 p.m. on a Text underlined is new text to be added Text strikethrough is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 3 Exhibit A weekday, and if there are two advertised hearings, then at least one of the advertised public hearings shall be held after 5:00 p.m. on a weekday. 3. The BCC shall hold at least two advertised public hearings. • At least one advertised public hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day. Notice for Amendments which affect 10 acres or more of land and do change the list of permitted, conditional or prohibited uses within a zoning category 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall have at least 1 advertised public hearing. The Planning Commission may elect by a majority decision to hear such ordinance or resolution at 2 advertised public hearings. If there is only 1 advertised public hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are 2 advertised hearings, then at least 1 of the advertised public hearings shall be held after 5:00 p.m. on a weekday. 3. The BBC shall have at least 2 advertised public hearings. At least 1 advertised public hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus 1 vote elects to conduct that hearing at another time of day. Decision maker The BCC, following the recommendations from both the EAC, if required, and the Planning Commission. Review Process Staff reviews the amendment application and provides a recommendation. The Planning & Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report and provide a recommendation to the following advisory boards and the BCC: • The DSAC reviews the amendment application in a public meeting and makes a recommendation to the BCC. • The EAC reviews the amendment application if the proposed change includes an environmental component in accordance with Collier County Code of Laws section 2-1193. The EAC makes a recommendation to the BCC. • The Planning Commission reviews the application for consistency with the GMP and makes a recommendation to the BCC. The BCC shall review the application and the recommendations by the advisory boards. The BCC may approve, approve with revisions, or deny the proposed ordinance or resolution. Effective Date Per F.S. § 125.66, the ordinance must be filed with the Florida Department of State, Tallahassee, FL within 10 days of signing by the Chairman of the Board. The effective date is the date it is filed with the State, unless a date is specified in the ordinance. Updated [Resolution 2018-XX] DRAFT 3/19/18 Page 1 of 31 Words struck through are deleted, words underlined are added ORDINANCE NO. 18 - ____ 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, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS; CHAPTER THREE – RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03 SPECIFIC STAND ARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES, SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS, SECTION 4.03.04 LOT LINE ADJUSTMENT AND LOT SPLIT; CHAPTER SIX – INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN; CHAPTER NINE – VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.04.04 SPECIFIC REQUIREMENTS FOR MINOR AFTER-THE-FACT ENCROACHMENT; CHAPTER TEN – APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED, SECTION 10.02.09 REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC; SECTION FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY OFFICIAL ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP NUMBERS 522930, 2033N, 2033S, 2034N, 2034S TO REMOVE THE ACSC DESIGNATION FOR CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. 17.B.2 Packet Pg. 1400 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 2 of 31 Words struck through are deleted, words underlined are added Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2018; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on April 10, 2018 and April 24, 2018, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: 17.B.2 Packet Pg. 1401 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 3 of 31 Words struck through are deleted, words underlined are added SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 17.B.2 Packet Pg. 1402 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 4 of 31 Words struck through are deleted, words underlined are added 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities , capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE 17.B.2 Packet Pg. 1403 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 5 of 31 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * * Nonconforming lot of record: When two or more adjacent legal nonconforming lots of record are either 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 non- conforming 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 cannot be split or subdivided except as may then be allowed by this Code. Any lawful lot or parcel which was recorded, or for which an agreement for deed was executed prior to October 14, 1974, and which lot or parcel does not meet the minimum width or lot area requirements as a result of the passage of this Code shall be considered as a legal nonconforming lot and shall be eligible for the issuance of a building permit provided all the other requirements of this Code and the Florida Statues are met. This definition also includes any lot or parcel made nonconforming by a rezoning initiated by Collier County to implement the Zoning Reevaluation Ordinance Number 90-23 (1990). * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 17.B.2 Packet Pg. 1404 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 6 of 31 Words struck through are deleted, words underlined are added 2.03.03 Commercial Zoning Districts * * * * * * * * * * * * * C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 4. 5. Animal specialty services, except veterinary (0752, excluding outside kenneling). 17.B.2 Packet Pg. 1405 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 7 of 31 Words struck through are deleted, words underlined are added 5. 6. Apparel and accessory stores (5611—5699) with 5,000 square feet or less of gross floor area in the principal structure. Note: ALL REMAINING SUBSECTIONS TO BE RENUMBERED ACCORDINGLY * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in sections 4.02.02 and 10.08.00. 1. Amusements and recreation services, outdoor (7999 boat rental, miniature golf course, bicycle, and moped rental, rental of beach chairs and accessories only). * * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 17.B.2 Packet Pg. 1406 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 8 of 31 Words struck through are deleted, words underlined are added 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising — miscellaneous (7319). 5. Agricultural services (0783). 6. Amusement and recreation services, indoor (7999). * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04 – Industrial Zoning Districts A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (I). a. Permitted uses. * * * * * * * * * * * * * 39. Physical fitness facilities, (7911 except Discotheques, 7991, 7999 - limited to baseball instruction, basketball instruction, gymnastics instruction, judo instruction, karate instruction, and martial arts instruction, yoga instruction, gymnastic schools, and recreation involving physical fitness exercise only). 17.B.2 Packet Pg. 1407 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 9 of 31 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. * * * * * * * * * * * * * 7. Interim Deviations: Property owners within the Immokalee Urban Overlay District may request deviations from specific dimensional requirements as described in this section. A deviation request may be reviewed administratively or by the Planning Commission depending upon its scope. This section addresses the permissible deviations, limitations thereon, and the review process. * * * * * * * * * * * * * e. Applicability - List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional requirements of the following Code provisions, unless otherwise noted. * * * * * * * * * * * * * vii. 4.02.03 A Specific Standards for Location of Accessory Buildings and Structures, Dimensional Standards (Tables 3 and 4), except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment 17.B.2 Packet Pg. 1408 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 10 of 31 Words struck through are deleted, words underlined are added where existing structures and/or encroachments are proposed to remain. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District). 1. Purpose and scope. The purpose and intent of the RFMU Ddistrict is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU Ddistrict employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU Ddistrict allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses, and essential services deemed necessary to serve the residents of the RFMU Ddistrict. The innovative planning and development techniques which are required and/or encouraged within the RFMU Ddistrict were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a. Establishment of RFMU Zoning Overlay District. In order to implement the Rural Fringe Mixed Use District (RFMUD) designation in the Future Land Use Element (FLUE) of the GMP, the RFMU District shall be designated as "RFMUO" on the Official Zoning Atlas and is hereby established. The RFMU District replaces the underlying zoning district where that underlying zoning district is A, Rural Agricultural, except where development standards are omitted in the RFMU District. The County- wide Future Land Use Map is located in the Future Land Use Element of 17.B.2 Packet Pg. 1409 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 11 of 31 Words struck through are deleted, words underlined are added the GMP or can be obtained at the Community Development Building from the Growth Management Department, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The lands included in the RFMU District and to which this LDC section 2.03.08 apply are depicted by the following map: 17.B.2 Packet Pg. 1410 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 12 of 31 Words struck through are deleted, words underlined are added 17.B.2 Packet Pg. 1411 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 13 of 31 Words struck through are deleted, words underlined are added b. Exemptions. The requirements, limitations and allowances of this section shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; , and or, projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; , or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 – inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the RFMUD district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the RFMUD district as long as they do not result in an increase in development density or intensity. * * * * * * * * * * * * * C. North Belle Meade Overlay District (NBMO). * * * * * * * * * * * * * 5. Additional specific area provisions. a. Receiving lands. * * * * * * * * * * * * * (4) NBMO rural village. A NBMO rural village shall adhere to the provisions for rural village set forth in LDC section 2.03.08 A.2.b. (A)(2)(b), except as follows: (a) Density. An NBMO rural village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. i. The minimum required density shall be achieved through TDR credits, TDR Bonus Credits, and Rural Village Bonus credits, as provided in LDC section 2.03.08 A.2.b.(3)(c) (C). * * * * * * * * * * * * * b. Neutral lands. Neutral lands shall be governed by the standards set forth in LDC section 2.03.08 A.3. (A)(3), with the exception that, in those In addition to standards in LDC section 2.03.08 A.3., neutral lands located in Section 24, Township 49 South, Range 26 East, shall be governed by the North Belle Meade Overlay in the Future Land Use Element of the GMP. 17.B.2 Packet Pg. 1412 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 14 of 31 Words struck through are deleted, words underlined are added Where there is a conflict between provisions, the GMP overlay provisions shall apply. a minimum of 70% of the native vegetation present shall be preserved. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.05.07 Preservation Standards * * * * * * * * * * * * * C. Specific standards for the RFMU district. For Lands within the RFMU district, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in LDC section 3.05.07 A (above). Further, for the portion of the Lake Trafford/Camp Keais Strand System located within the Immokalee Urban Designated Area, native vegetation shall be preserved on site through the application of the Neutral Lands standards established in LDC section 3.05.07 C.2 (below). * * * * * * * * * * * * * 2. Neutral lands. a. In neutral lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. b. Exceptions. i. In those neutral lands located in Section 24, Township 49 South, Range 26 East, in the NBMO, native vegetation shall be preserved as set forth in LDC section 2.03.08 D C.5.b. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS 17.B.2 Packet Pg. 1413 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 15 of 31 Words struck through are deleted, words underlined are added Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * * D. Exemptions and exclusions from design standards. * * * * * * * * * * * * * 13. Permanent emergency generators may be placed within the rear yard of any property supporting a permitted single-family residence, subject to with a 10-foot rear yard setback,. Permanent emergency generators may encroach into side yards up to 36 inches. and within side yards subject to a maximum encroachment into the setback of 36 inches. Generators are not permitted to encroach into required front yards. Above-ground fuel tanks for the generators are subject to the same setbacks; however, underground tanks are not subject to setback requirements. In order to reduce noise during required routine exercising of the generators, this exercising is restricted to operating the generator for no more than 30 minutes weekly during the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level limits for Manufacturing and Industrial uses as set forth in Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency generators must be equipped with sound attenuating housing to reduce noise. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 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 17.B.2 Packet Pg. 1414 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 16 of 31 Words struck through are deleted, words underlined are added accessory use to the principal use structure or building. Accessory buildings and structures must be constructed simultaneously with or following the constr uction of the principal structure and shall conform with the following setbacks and building separations. Table 3. Dimensional Standards for Accessory Buildings and Structures on Non -Waterfront Lots And Non-Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and Estates (E)**. Front Rear Side Structure to Structure (If Detached) 1. Parking garage or carport, single-family SPS 10 feet SPS 10 feet 2. One-story parking structures and/or carports SPS 35 feet SPS 10 feet 3. Multistory parking structures SPS 35 feet 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 20 feet 15 feet 20 feet 8. Utility buildings SPS 10 feet SPS 10 feet 9. Chickee, barbecue areas SPS 10 feet SPS 10 feet 10. Attached screen porch SPS 10 feet SPS N/A 11. Unlisted accessory SPS SPS SPS 10 feet 12. Satellite dish antenna NP 15 feet SPS 10 feet 13. Permanent emergency generators NP 10 feet See Sec. 4.02.01 D.13 N/A N = None. N/A = Not applicable. NP = Structure allowed in rear of building only. SPS = Calculated same as principal structure . * = 1 foot of accessory height = 1 foot building separation. ** = All accessory structures in Rural Agricultural and Estates zoning districts must meet principal structure setbacks . 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 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 1 4. Swimming pool and/or screen enclosure (one- and two-family) SPS 10 feet 3 SPS N 5. Swimming pool (multi-family and SPS 20 feet 15 feet N 17.B.2 Packet Pg. 1415 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 17 of 31 Words struck through are deleted, words underlined are added commercial) 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 5.03.06F. 9. Utility buildings SPS SPS 10 feet 10 feet 10. Chickee, barbecue areas SPS 10 feet SPS N 11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 feet SPS 12. Attached screen porch SPS 10 feet 4 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 ramps (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 5 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. 1 1 foot of accessory height = 1 foot of building separation. 2 In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Ca pri 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. 4 20 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. 5 The setback shall apply to external boundaries of the golf c ourse district, and shall be inclusive of separately platted buffer tracts. B. Accessory buildings shall not occupy an area greater than five (5) percent of the total lot area in all residential zoning districts, or occupy an area greater than forty (40) percent of any building envelope (i.e., area of lot remaining for building purposes after 17.B.2 Packet Pg. 1416 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 18 of 31 Words struck through are deleted, words underlined are added accounting for required setbacks), whichever is the lesser, provided the total ma ximum coverage provision of this ordinance for all principal and accessory buildings is not exceeded. Nothing herein contained shall serve to prevent the construction of an accessory building containing an area of less than 500 square feet provided all yard and building spacing requirements can be met. C. All accessory structures in Rural Agricultural (A) and Estates (E) zoning districts must meet principal structure setbacks. For accessory structures related to the keeping of animals and livestock in these districts, see LDC section 4.02.07. D. Table of dimensional standards for accessory buildings and structures in zoning districts other than Rural Agricultural (A) and Estates (E): Location Accessory Building/Structure Setbacks Front Rear Side Structure to Structure (If Detached) Non- Waterfront Lots and Non-Golf Course Lots Attached porch SPS 10 feet SPS N/A Carports (commercial, industrial, and multi-family)1 SPS SPS SPS 10 feet Carports (one- and two-family) SPS 10 feet SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS 10 feet One-story and multi-story parking structures SPS SPS SPS 1/12 with a minimum of 10 feet Parking garage (one- and two- family) SPS 10 feet SPS 10 feet Permanent emergency generators1 Not permitted in front of building 10 feet SPS N/A Satellite dish antennas Not permitted in front of building 15 feet SPS 10 feet Swimming pool and/or screen enclosure (one- and two- family) SPS 10 feet SPS None Swimming pool (multi-family and commercial) SPS 20 feet 15 feet None Tennis courts (one- and two- family) SPS 15 feet SPS 10 feet Tennis courts (multi-family, and commercial) SPS 20 feet 15 feet 20 feet 17.B.2 Packet Pg. 1417 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 19 of 31 Words struck through are deleted, words underlined are added Trellises, arbors, and similar structures that do not exceed the maximum fence height in LDC section 5.03.02 None None None None Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02 SPS 10 feet SPS None Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS 10 feet SPS 10 feet Waterfront Lots and Golf Course Lots3 Attached porch where floor or deck of porch are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank SPS 10 feet SPS SPS Attached porch where floor or deck of porch are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank SPS 20 feet SPS SPS Boat slips and ramps (private) N/A N/A 7.5 feet N/A Boathouses and boat shelters (private) SPS N/A See LDC sections 5.03.06 E and F 10 feet Carports (commercial, industrial, and multi-family)1 SPS SPS SPS 10 feet Carports (one- and two- family) SPS SPS SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS 10 feet Davits, hoists, and lifts N/A N/A See LDC sections 5.03.06 E and F None Docks, decks, and mooring pilings N/A N/A See LDC sections N/A 17.B.2 Packet Pg. 1418 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 20 of 31 Words struck through are deleted, words underlined are added 5.03.06 E and F Golf clubhouse and maintenance buildings4 50 feet 50 feet 50 feet N/A One-story and multi-story parking structures SPS SPS SPS 1/12 with a minimum of 10 feet Parking garage (one- and two- family) SPS SPS SPS 10 feet Permanent emergency generators1 Not permitted in front of building 10 feet SPS N/A Satellite dish antennas Not permitted in front of building 15 feet SPS 10 feet Swimming pool and/or screen enclosure (one- and two- family) where swimming pool decks are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank SPS 10 feet SPS None Swimming pool and/or screen enclosure (one- and two- family) where swimming pool decks are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank SPS 20 feet SPS None Swimming pool (multi-family and commercial) SPS 20 feet 15 feet None Tennis courts (private) (one- and two-family) SPS 15 feet SPS 10 feet 17.B.2 Packet Pg. 1419 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 21 of 31 Words struck through are deleted, words underlined are added Tennis courts (multi-family and commercial) SPS 35 feet SPS 20 feet Trellises, arbors, and similar structures that do not exceed the maximum fence height in LDC section 5.03.02 None None None None Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02 SPS 10 feet SPS None Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS SPS 10 feet 10 feet Notes: SPS = Calculated same as principal structure for the zoning district. 1 See LDC section 4.02.01 D for exemptions and exclusions from required yards. 2 1 foot of accessory height = 1 foot of building separation. 3 In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 4 The setback shall apply to external boundaries of the golf course district, and shall be inclusive of separately platted buffer tracts. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN Section 4.02.04 Standards for Cluster Residential Design, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.04 Standards for Cluster Residential Design * * * * * * * * * * * * * C. Conditional uses approved for cluster development may reduce the lot area, lot width, and yard requirements within a zoning district, subject to the criteria enumerated in this section. The lot area, lot width, coverage, and yard regulations of the residential zoning district in which the cluster development is located shall be used as the basis for all computations of allowed reductions. The following reductions in lot area, lot width, coverage and yard regulations of the underlying zoning district shall be permissible pursuant to the grant of a conditional use for cluster development. * * * * * * * * * * * * * 17.B.2 Packet Pg. 1420 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 22 of 31 Words struck through are deleted, words underlined are added 2. The following site design and dimensional standards shall apply to cluster development: Table 5 3. Table of Design Standards for Cluster Development. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES Section 4.02.06 Standards for Development in Airport Zones, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.06 Standards for Development in Airport Zones * * * * * * * * * * * * * D. The width of each primary surface is as follows: Table 6 4. Primary Surface Width * * * * * * * * * * * * * E. Horizontal zone. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs for specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is as follows: Table 7 5. Horizontal Zone Radius * * * * * * * * * * * * * H. Approach zone. The approach zone is an area longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach zone is designated for the end of each runway based upon the type of approach available or planned for that runway end. 1. Approach zone width. The inner edge of the approach zone is the same width as the primary surface. The outer width of the approach zone is prescribed for the most precise approach existing or planned for that runway end expanding uniformly to the following widths: Table 8 6. Approach Zone Width (feet) * * * * * * * * * * * * * 2. Approach zone lengths. The approach zone extends for the applicable horizontal distance as follows: 17.B.2 Packet Pg. 1421 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 23 of 31 Words struck through are deleted, words underlined are added Table 9 7. Approach Zone Length (feet). * * * * * * * * * * * * * 3. Approach zone height. Permitted height limitation within the approach zone shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: Table 10 8. Approach Zone Height. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ST AND ACSC-ST DISTRICTS Section 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts A. All development orders issued within the Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC-ST) shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern, except as provided by Agreement pursuant to Chapter 380.032(3), F.S . * * * * * * * * * * * * * C. Site alteration within the ACSC-ST. * * * * * * * * * * * * * 3. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or system maintained in order to retain runoff and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Revegetation shall be accomplished with preexisting species except that undesirable exotic species shall not be replanted or propagated. Undesirable Eexotic species included are those enumerated in LDC section 3.05.08 of this code and the following:. a. Bishopwood (Bischofia javanica); b. Castor bean (Ricinus communis); c. Common papaya (Carica papaya); 17.B.2 Packet Pg. 1422 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 24 of 31 Words struck through are deleted, words underlined are added d. Common snakeplant (Sanseviera trifasciata); e. Day jessamine (Cestrum diurnum); f. Hunters robe (Raphidophora aurea); g. Queensland umbrella tree (Schefflera actinophylla); h. Trailing wedelia (Wedelia trilobata). 4. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: all wetland plants listed by the Florida DEP in the Florida Administrative Code. a. Red mangrove (Rhizophora mangle); b. Black mangrove (Avicennia nitida); c. White mangrove (Laguncularia racemosa); d. Needlerush (Juncus roemerianus); e. Salt cordgrasses (Spartina alterniflora, S. patens, S. cynosuroides, S. spartinae); f. Seashore saltgrass (Distichlis spicata). * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 4.03.04 LOT LINE ADJUSTMENT AND LOT SPLIT Section 4.03.04 Lot Line Adjustment and Lot Split, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.03.04 Lot Line Adjustment and Lot Split A. Generally. Only lot line adjustments or lot split requests meeting the applicable land development regulations, including the minimum lot area and lot dimensions for the existing zoning district, may be approved. The approval does not become effective until the lot line adjustment or lot split is recorded with the Clerk of Courts in the Official Records of Collier County, Florida. A B. Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels which may be platted or unplatted and which are under separate ownership or the same ownership shall be exempt from this section if all of the following conditions are met. The Administrative Code shall establish the procedures and submittal requirements for obtaining a lot line adjustment. The lot line adjustment shall be recorded with the Clerk of 17.B.2 Packet Pg. 1423 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 25 of 31 Words struck through are deleted, words underlined are added Courts within 12 months of approval by the County Manager or designee, and a copy of the recorded document shall be provided to the Growth Management Department. 1. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and 2. Both landowners whose lot lines are being adjusted provide written consent to the lot line adjustment; and 3. Instrument(s) evidencing the lot line adjustment shall be filed in the official records of Collier County, Florida, upon approval, and shall indicate that the result of the lot line adjustment will meet the standards of, and conforms to, the requirements of this LDC, including the dimensional requirements of the zoning district and the subdivision in which the lots are located. However, in cases of an existing nonconforming lot of record, the adjustment shall not increase the nonconformity of the lot; and 4. It is demonstrated that the lot line adjustment will not affect the development rights or permitted density or intensity of use of the affected lots by providing the opportunity to create a new lot(s) for resale or development. B C. Lot Split. All lots must have frontage on a public or private right-of-way, with the exception of 1 one division of a single platted lot or otherwise established lot of record in the Rural Agricultural or Estates zoning district into 2 two lots. Any such lot split may utilize an access easement to satisfy access, and frontage requirements for the lot which would not otherwise have street frontage. 1. The width of such access easement may not be less than 12 feet and may be required to be wider at the discretion of Collier County staff, to accommodate safe access and turning movements, stormwater drainage pipes and the like. Access easement standards for Golden Gate Estates lot divisions shall be per LDC section 4.03.06. 2. The number of access points to a public right-of-way shall not be increased as a result of the lot split if, in the opinion of the county staff, safe and sufficient access may be accomplished with fewer access points than existed prior to the proposed lot split. 3. The access easement will create a front yard for setback purposes for all lots abutting the access easement. In cases where access is presently provided by an access easement to existing lots of record in any zoning district which are not part of a recorded or unrecorded subdivision, this easement will serve to satisfy 17.B.2 Packet Pg. 1424 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 26 of 31 Words struck through are deleted, words underlined are added access and frontage requirements for those lots, and yards abutting the easement will be considered front yards for setback purposes. 4. Application. The further split or division of a lot, parcel, or any lot of record into 2 two proposed parcels must be reviewed and approved by the County prior to any subsequent development orders or development permits issued or approved. Evidence of the County approved lot split shall be provided to the Property Appraiser or Clerk of Courts for their consideration and record-keeping. The lot split shall be recorded with the Clerk of Courts within 12 months of approval by the County Manager or designee, and a copy of the recorded document shall be provided to the Growth Management Department. a. The Administrative Code shall establish the procedures and submittal requirements for obtaining a lot split. b. Appropriate access to the resulting parcels from the public road network shall be demonstrated, and where necessary, may require appropriate easements for joint or cross access to be recorded before an approved lot split becomes effective. c. Only lot split requests meeting the applicable land development regulations, specifically including the minimum lot area and lot dimensions for the existing zoning district, may be approved, but do not become effective until evidence of the County approved lot split is also provided to the Property Appraiser or Clerk of Courts for their consideration and record-keeping, as may be applicable. D. The Administrative Code shall establish the application process and submittal requirements to obtain a lot line adjustment or lot split. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 6.01.05 SOIL EROSION AND SEDIMENT CONTROL PLAN Section 6.01.05 Soil Erosion and Sediment Control Plan, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.01.05 Soil Erosion and Sediment Control Plan A. Soil Erosion and Sediment Control Plan. For new and existing development and construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04 17.B.2 Packet Pg. 1425 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 27 of 31 Words struck through are deleted, words underlined are added and 10.02.05, a soil erosion and sediment control plan shall be prepared and submitted for approval with the required construction documents for each proposed project as prescribed by objective 5.4 and policy 5.4.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. 1. Application. The Administrative Code shall establish the procedure and submittal requirements for a Soil Erosion and Sediment Control Plan. B. Developments not requiring a Soil Erosion and Sediment Control Plan shall implement and maintain best management practices in accordance with the Florida Stormwater Erosion and Sedimentation Control Manual for sediment and soil erosion control, to prevent the transport of sediment and pollutants off site. 1. All sediment and soil erosion control devices shall be installed prior to the commencement of construction for demolition, renovation, alteration, construction, stockpiling of fill, lot clearing or grading. 2. During construction activities, the applicant shall remove any pollutant, silt, debris, or dirt resulting from the construction activities that accumulates off site or within any stormwater management system, including but not limited to swales, lakes, ponds, canals, and waterways. 3. Debris generated on site, including but not limited to building materials, concrete truck wash-out, litter, and sanitary waste shall be stored, secured, or otherwise controlled on site. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 9.04.04 SPECIFIC REQUIREMENTS FOR MINOR AFTER-THE-FACT ENCROACHMENT Section 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment Minor after-the-fact yard encroachments for structures, including principal and accessory structures, may be approved administratively by the County Manager or designee. Exceptions to required yards as provided for within LDC section 4.02.01. D shall not be used in the calculations of existing yard encroachments. * * * * * * * * * * * * * 17.B.2 Packet Pg. 1426 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 28 of 31 Words struck through are deleted, words underlined are added B. For both residential and non-residential structures, the County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to ten (10) percent of the required yard with a maximum of two (2) feet when a building permit and certificate of occupancy has been granted. The encroachment applies to the yard requirement in effect as of the date the building permit was issued. 1. Exception. Residential structures shall be deemed compliant with the applicable development standards and no variance shall be required when the following additional conditions apply: a. The building permit and certificate of occupancy were approved in compliance with the required setbacks in effect at that time; b. The encroachment does not exceed three inches into the required yard; c. The only portion of the structure encroaching into the required yard is the exterior wall treatment; and d. The required structure to structure separation, as identified in LDC section 4.02.02, is satisfied. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 10.01.02 DEVELOPMENT ORDERS REQUIRED Section 10.01.02 Development Orders Required, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.01.02 Development Orders Required * * * * * * * * * * * * * B. Early Work Authorization (EWA). An EWA permit allows for limited development activities before a development order is issued provided all underlying zoning approvals are in place. The Administrative Code shall establish the submittal requirements to obtain an EWA permit. * * * * * * * * * * * * 2. The County may issue an EWA permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: a. The proposed vegetation removal complies with LDC section 3.05.05 O; b. County right-of-way permit has been approved; 17.B.2 Packet Pg. 1427 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 29 of 31 Words struck through are deleted, words underlined are added c. A determination of native vegetation to be retained for landscaping which would comply with LDC section 4.06.00; d. An excavation permit has been approved; e. A Soil Erosion and Sediment Control Plan demonstrating compliance with the provisions of LDC section 6.01.05; f. Copies of all approved Agency permits being submitted, including, but not limited to: SFWMD, ACOE, USFWS, and FFWCC; g. Determination of legal sufficiency of the EWA permit by the County Attorney's Office; h g. A vegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $2,000.00 per acre is posted for stabilization with vegetation in accordance with LDC section 4.06.04 A.3; i h. Assurance that all underlying zoning approvals are in place (e.g. PUD, C.U., etc.); j i. The EWA permit is valid for 60 days with the possibility of two 60-day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro - seeded. Where more time is needed, a new EWA may be requested; k j. All preliminary construction activities are at the risk of the developer. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 10.02.09 REQUIREMENTS FOR TEXT AMENDMENTS TO THE LDC Section 10.02.09 Requirements for Text Amendments to the LDC, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.09 Requirements for Text Amendments to the LDC A. Text Amendments to the LDC. 1. Amendments to the LDC may be made no more than twice during the calendar year as scheduled by the County Manager, except if the Collier County Board of County Commissioners, by at least a super-majority vote, directs that additional amendments be made for specific purposes. 17.B.2 Packet Pg. 1428 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 30 of 31 Words struck through are deleted, words underlined are added 2 1. The LDC may only be amended in such a way as to preserve the consistency of the LDC with the Growth Management Plan. 3 2. The Administrative Code shall establish the submittal requirements for LDC amendments. * * * * * * * * * * * * * SECTION FOUR: ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS The amended Zoning Map Numbers 522930, 2033N, 2033S, 2034N, 2034S attached as Exhibit A are hereby adopted. SECTION FIVE: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. 17.B.2 Packet Pg. 1429 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) DRAFT 3/19/18 Page 31 of 31 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ______day of _______, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:_____________________________ , Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: __________________________ Scott A. Stone Assistant County Attorney 04-CMD-01077/____ (3/19/18) 17.B.2 Packet Pg. 1430 Attachment: 2018 Draft ordinance 3.19.18 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing)) 17.B.3 Packet Pg. 1431 Attachment: Legal Ad - Agenda ID 5027 (5027 : 2017/18 LDC Amendment Cycle (2nd Hearing))