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DSAC Agenda 12/05/2018December 5, 2018 3:00 PM 2800 N. Horseshoe Drive Growth Management Department DSAC Meeting Page 1 of 1 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA December 5, 2018 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a “Speaker Request Form,” list the topic they wish to address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order – Chairman II. Approval of Agenda III. Approval of Minutes from November 7, 2018 IV. Public Speakers V. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] B. Public Utilities Department update – [Eric Fey or designee] C. Growth Management Department Transportation Engineering Division & Planning Division updates – [Jay Ahmad or designee] D. Collier County Fire Review update – [Shar Beddow or Shawn Hanson] E. North Collier Fire Review update – [Todd Riggall or Dale Fey] F. Operations & Regulatory Mgmt. Division update – [Ken Kovensky] G. Development Review Division update – [Matt McLean] VI. New Business A. Transportation policy for private bridges [Marlene Messam] B. Plantation Island Overlay LDC Amendment [Jeremy Frantz] VII. Old Business VIII. Committee Member Comments – Discuss the January 2nd meeting IX. Adjourn Next Meeting Dates: January 2, 2019 GMD conference Room 610 – 3:00 pm February 6, 2019 GMD conference Room 610 – 3:00 pm March 6, 2019 GMD conference Room 610 – 3:00 pm November 7, 2018 1 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, November 7, 2018 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker (Excused) Chris Mitchell Robert Mulhere Mario Valle Norman Gentry Marco Espinar Laura Spurgeon DeJohn Jeremy Sterk Jeff Curl (Excused) (Vacancy) (Vacancy) ALSO PRESENT: Judy Puig, Operations Analyst, Staff Liaison Erin Page, Budget Analyst Eric Fey, Sr. Project Manager, Public Utilities Jeremy Frantz, LDC Manager Mike Ossorio, Director, Code Enforcement Division Matt McLean, Director, Development Review Rich Long, Director, Plans Review and Inspections Ken Kovensky, Director, Operations and Regulatory Management Lorraine Lantz, Transportation Planning November 7, 2018 2 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:00 p.m. II. Approval of Agenda Chairman Varian moved to approve the Agenda subject to adding Item VII.A – LDC Update.. Second by Mr. Foley. Carried unanimously 9 - 0. III. Approval of Minutes from October 3, 2018 Meeting Mr. Mulhere moved to approve the minutes of the October 3, 2018 meeting as presented. Second by Mr. Foley. Carried unanimously 9 - 0. IV. DSAC Position Vacancy Review & Vote A. Mark McLean Category: Architect Mr. Mulhere moved to recommend that the Board of County Commissioners appoint Mark McLean to the Development Services Advisory Committee. Second by Mr. Foley. Motion carried 7 “yes” – 2 “no.” Mr. Boughton and Ms. DeJohn voted “no.” B. Brad Schiffer Category: Architect No action C. Renee Zepeda Category: Architect No action D. Ryan White Category: Civil Engineer No action E. John English Category: Civil Engineer Mr. Mulhere moved to recommend that the Board of County Commissioners appoint John English to the Development Services Advisory Committee. Second by Mr. Foley. Motion carried 7 “yes” – 2 “no.” Mr. Boughton and Mr. Espinar voted “no.” Mr. Gentry arrived at 3:05 p.m. V. Public Speakers None VI. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] Mr. Ossorio provided the report “Code Enforcement Division Monthly Report September 22, – October 21, 2018 Highlights” for informational purposes. He noted: • That the County is reviewing the requirements for short term rentals in residential zones to determine if any changes are required in enforcement activities. • Initiatives are underway to improve credit card security at gas pumps. November 7, 2018 3 • Anonymous complaints on alleged violations are only investigated if they are deemed a Health, Safety and Welfare issue or via direction from the County Manager’s Office. • Staff is working with homeowners in Plantation on code compliance issues. • The Bright Futures initiative continues and review the definition of a recurring violation is underway. B. Public Utilities Division update – [Tom Chmelik or designee] Mr. Fey submitted the monthly report on response time for “Letters of Availability, Utility Deviations and FDEP Permits” for information purposes. He noted: • That the Division response times are within acceptable standards. • An additional project manager (Mike Stevens) has been hired by the Division • It’s anticipated that the consultants will have new wastewater model completed by January 19, 2019. • The 2018 AUIR is scheduled for next Tuesday and will provide new references for zoning permits. • The new 36 inch water main on Immokalee Road is available for service for the former Orange Tree Utility Company clients. Mr. Valle arrived at 3:22 p.m. C. Growth Management Department/Transportation Engineering and/or Planning – [Jay Ahmad or designee] Ms. Lantz reported on the Whippoorwill Lane to Livingston Road connection noting: • That the meetings with area homeowner associations yielded input on design concepts. • The concept will be presented to the area HOA’s in January/February and the BCC in the Spring of 2019, and includes a series of round-about to calm traffic in the area. • County Fire, Police, EMS and the School District will provide input on the final design. D. County Fire Review update – [Shar Beddow and/or Shawn Hanson] None E. North Naples Fire Review update – [Todd Riggall or Dale Fey] None F. Operations & Regulatory Mgmt. Division update [Ken Kovensky] Mr. Kovensky and Mr. Long submitted the “Collier County October 2018 Monthly Statistics” which outlined the building plan and land development review activities. The following was noted during his report: • That the Permit applications in October yielded a 10 percent increase month after month. • Approximately 26,000 inspections were completed in October, an increase of 5,000 month after month. Staff conducted an analysis to determine any patterns in activity and any adjustments that need to be made to maintain acceptable levels of service. The study revealed that 35,000 inspections were attributed to Hurricane Irma repairs. • The Division has initiated a call center to improve customer phone service. • Two additional Planning Technicians have been added to help serve the satellite offices in Everglade City and Immokalee. November 7, 2018 4 • Staff is working to integrate the credit card payment system into the City View portal to alleviate the need to manually enter payments. G. Development Review Division update [Matt McLean] Mr. McLean reported: • That the pre-application meeting fees are due in advance or the meeting will be cancelled. There is the ability to pay by credit card on the website. Plans should be provided before the meeting is convened to facilitate the review. • The County should be notified if an application is not submitted within 270 days of the meeting so any extensions may be granted to prevent cancellation of the application. • Staff is developing guidelines for applicants addressing Bonneted bat issues. • If a different Informal Wetland Determination was issued on a parcel after its transfered to another party (then the one issued to the previous owner), the information may be forwarded to FDEP for a formal confirmation on the permits required. • Staff will be posting the Board of County Commissioner applications review schedule on the web portal for informational purposes. • Specific soil tests are required on lands subject to a Site Development Plan that were formerly used for agriculture, or if it’s adjacent to existing or previous agricultural uses. Staff will be reviewing the requirements to determine if any changes are necessary. VII. New Business A. LDC Update Mr. Frantz reported: • That the BCC directed Staff to amend the LDC to allow single family residences on mobile home lots in Plantation due to the damage to existing structures from Hurricane Irma. • A Neighborhood Information Meeting will be convened to obtain input on the proposed requirements. • The amendment is brief in nature and anticipated to be one page. • Due to timing issues, Staff proposes to bring the item forth to the full DSAC at the December meeting in absence of a LDR Subcommittee review. The Committee requested Staff to submit the proposed amendment to the members as soon as it is ready so individuals may review it and provide questions or comments through the Staff liaison to help expedite the process. VIII. Old Business None IX. Committee Member Comments The Committee will determine if the January 2019 meeting will be held during discussions at the December meeting. X. Adjourn Next Meeting Dates December 5, 2018 GMD conference Room 610 – 3:00 pm January 2, 2019 GMD conference Room 610 – 3:00 pm November 7, 2018 5 February 6, 2019 GMD conference Room 610 – 3:00 pm March 6, 2019 GMD conference Room 610 – 3:00 pm There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:08PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE ______________________________________________ Chairman, William Varian These Minutes were approved by the Board/Chairman on ______________________________________, as presented ____________, or as amended _____________. This report reflects monthly data from: October 22 thru November 21, 2018 Code Enforcement Division Monthly Report October 22, 2018 – November 21, 2018 Highlights • Cases opened: 806 • Cases closed due to voluntary compliance: 533 • Property inspections: 2999 • Lien searches requested: 958 Trends 0 100 200 300 400 500 600 700 800 900 610 418 803 743 625 650 559 510 619 772 668 806 Cases Opened Per Month 0 500 1000 1500 2000 2500 3000 Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 2509 1488 2790 2519 2452 2569 2425 2417 2760 2849 2630 2999Code Inspections per Month This report reflects monthly data from: October 22 thru November 21, 2018 0 1000 2000 3000 4000 5000 6000 2017 2018 3012 2204 4647 5040 Origin of Case Code Div. Initiated Cases Complaint Initiated Cases 0 50 100 150 200 250 Bayshore Immokalee 47 74 114 249 CRA Case Opened Monthly This report reflects monthly data from: October 22 thru November 21, 2018 October 22, 2018 – November 21, 2018 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 1%Accessory Use 0%Land Use 10% Noise 2% Nuisance Abatement 33% Occupational Licensing 1% Parking Enforcement 4% Property Maintenance 12% Right of Way 6% Signs 4% Site Development 8% Temporary Land Use 1% Vehicles 14% Vegetation Requirements 4% This report reflects monthly data from: October 22 thru November 21, 2018 September 22, 2018 – October 21, 2018 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 1%Accessory Use 1%Land Use 10% Noise 2% Nuisance Abatement 33% Occupational Licensing 1% Parking Enforcement 1% Property Maintenance 14% Right of Way 6% Signs 4% Site Development 8% Vehicles 16% Vegetation Requirements 4% This report reflects monthly data from: October 22 thru November 21, 2018 August 22, 2018 – September 21, 2018 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 1%Accessory Use 1%Land Use 8% Noise 2% Nuisance Abatement 42% Occupational Licensing 1% Parking Enforcement 1% Property Maintenance 9% Right of Way 5% Signs 3% Site Development 8% Vehicles 14% Vegetation Requirements 4% Public Utilities DepartmentEngineering and Project Management Division126 64646123220 07777603261713410491411424126 646402468101214020406080100120140160May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18RequestsDaysResponse Time - Letters of AvailabilityRequests CompletedMinimumAverageMaximumRequests Received Public Utilities DepartmentEngineering and Project Management Division2 22222510145653713151612140510152025303540024681012141618May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18RequestsDaysResponse Time - Utility DeviationsRequests CompletedSufficiency Review TimeSubstantive Review TimeRequests Received Public Utilities DepartmentEngineering and Project Management Division5365464242343442818212459107051015202530051015202530May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18RequestsDaysResponse Time - FDEP PermitsRequests CompletedInitial Review TimeRevision Review TimeDirector Approval TimeRequests Received A POLICY ON PRIVATELY-OWNED BRIDGES BCC Collier County Page 1 of 3 10/31/2018 1. Purpose The Policy objective is to establish a means to ensure the safety of existing bridges on county- owned and maintained roadways, to set forth a process for county acceptance of private bridges that connect county-owned and maintained roadways on each side and to set standards to be used to construct, inspect and maintain future private bridges. 2. Bridge Definition  The Policy only addresses bridges defined by “23 CFR Part 650, Subpart C, of the National Bridge Inspection Standards, as a structure including supports erected over a depression or an obstruction, such as water, highway or railway, and having a track or passageway for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 feet between the undercopings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; which may include multiple pipes, where the clear distance between openings is less than half the smaller contiguous opening.” 3. Scope Bridges that connect two county-maintained roadways would be targeted for County maintenance and preservation. A. County Policy Implementation i. Creating an inventory of existing privately-owned bridges that connect two County maintained roadways. The inventory will include the following data:  Ownership  Location and type (pile supported or culvert).  The structural condition of major elements (deck, walls, abutment, superstructure, substructure).  The load rating, sufficiency rating, and health index (as defined by Federal Highway Administration).  Non-structural attributes (special paint color, landscaping, lighting, decorative railings, et al.) ii. Existing Bridges:  Staff will contact the ownership entity and request a voluntary letter of transfer of maintenance/ownership. If the owner is unwilling to make the transfer, an agreement holding the county harmless will be required, and will also include requirements for the owner to conduct regular inspection and maintenance of the bridge.  If the ownership entity agrees to the transfer, staff will request all existing plans, permits, as-built drawings, design calculations, and load rating. If these data are not available, the owner will schedule and pay for the cost of the initial inspection, which will be drafted into a Memorandum of Understanding. A POLICY ON PRIVATELY-OWNED BRIDGES BCC Collier County Page 2 of 3 10/31/2018  Staff will review the available information and may perform an inspection to verify the health condition of the bridge.  Staff will draft a Maintenance and Operation agreement between the county and the ownership entity.  Staff will determine the current estimated value of the structure based on the replacement cost and the remaining design life (assume 50 years for the design life).  Staff will include the cost of correcting any deficiencies to the bridge. This may include a recommendation to share costs with the bridge owner.  Staff will include the cost of annual maintenance in the recommendation to the Board of County Commissioners (Board).  Staff will make a recommendation to the Board for acceptance and perpetual maintenance of the bridge.  Upon Board acceptance, staff will use the findings in the initial inspection reports to apply for the bridge’s acceptance into the Florida Department of Transportation (FDOT) biennial inspection program.  Draft Memorandum of Understanding between the county and the owner to address and document any structural deficiencies uncovered during the initial inspection. B. Bridge Owner’s Responsibilities for Compliance i. Owner will be responsible for the perpetual inspection and maintenance of all non-structural elements on the structure such as signs, landscaping, lighting, and special paint color. ii. Owner will fund improvements, should operational improvements become necessary such as turn lanes or sidewalks. iii. Owner will fund all repairs or replacements when structural deficiencies are uncovered during the initial bridge inspection before the transfer of ownership and maintenance to the County. 4. Other Policy Considerations a. Existing bridges connecting to county-owned and maintained roadways on one side only and those that are internal to developments with private roads are not recommended to become part of the county’s asset/maintenance program. b. However, Private Bridge owners shall provide Bridge Inspections at a minimum frequency of five to seven years. The inspections shall be performed by a qualified and certified professional meeting the standards of the Florida Department of Transportation, and the Report shall be signed and sealed by a Florida licensed structural engineer. The signed and sealed Report must be submitted to the County upon request. c. If an owner requests of the County to accept a bridge that falls in this category, Policy implementation procedures( 3A) will govern. A POLICY ON PRIVATELY-OWNED BRIDGES BCC Collier County Page 3 of 3 10/31/2018 d. New bridges constructed by private owners in the future will be required to meet the requirements of FDOT for the design and maintenance of bridges. A review and revisions to the Land Development Code will be required to address: i. Design standards consistent with FDOT. ii. Qualifications of structural bridge engineers/designers iii. Qualifications of certified bridge inspectors e. A review and revisions to the Right of Way Permitting Manual will be required to address: i. Separate/special permit requirements for bridge construction, engineering, and inspection. f. Planned Unit Developments (PUD) public transportation commitments should include provisions for the future design, permitting, construction, inspection, maintenance, and monitoring of bridges constructed by the PUD. 1 of 6 BRIDGE INSPECTION & MAINTENANCE AGREEMENT This Bridge Inspection and Maintenance Agreement is entered into this _ day of __________ , 2018, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the “County”), and ______________, whose mailing address is ____________________(hereinafter referred to as the “Association”). RECITALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as ______________________(hereinafter referred to as “Road”); and WHEREAS the Association desires to retain the ownership of the Structure (hereinafter referred to as “Roadname Bridge”) and has declined the County’s request to take ownership and maintenance responsibilities, and WHEREAS, the County has adopted the specifications detailed in the Florida Department of Transportation “Bridge Maintenance & Repair Handbook,” which is available at http://www.fdot.gov/maintenance/STR/IN/ and is being made a part of the Collier County Right- of-Way Permitting requirements, and WHEREAS, the “Bridge Maintenance & Repair Handbook” is intended to provide the information by which private entities may understand the minimum requirements of Collier County relative to maintaining Bridges within the County rights of ways, and further stipulates that many of the maintenance and repair methods described in this handbook may require review and approval by a registered engineer proficient in bridge engineering practices. The variations in site conditions, structure types, and material performance dictates that standard maintenance and repair methods always be adjusted to suit project specific constraints. Neither the Florida Department of Transportation nor Collier County, therefore, accepts responsibility for any adverse effect which may result from the improper use of methods described in this handbook. Records of all specification requirements shall be kept and made available to the County’s representative upon request, and WHEREAS, in keeping with the above, the Association shall at a minimum perform biennial inspections of the “Roadname Bridge” in accordance with the Florida Department of Transportation Topic No. 850-010-030 “Bridge and Other Structures Inspection and Reporting,” which is available at http://www.fdot.gov/maintenance/Inspection.shtm and, WHEREAS, the inspections uncover deficiencies that require structural repairs, rehabilitation or replacement of the “Roadname Bridge,” the Association shall submit plans and documentation consistent with the requirements for a public right-of-way permit before making any repairs, rehabilitation or replacement. This submission shall be in accordance 2 of 6 with the “Construction Standards Handbook for Work within the Public Right-of-Way, Collier County, Florida” (the “Construction Handbook”). A Construction Permit Within the Public Rights-of-Way must be submitted including Bridge construction documents prepared by a Florida licensed Structural Engineer for County review. A copy of this Permit and the plans are attached hereto as Schedule “A.” NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. Subject to the issuance of all necessary Permits, County hereby grants to the Association the right to use those portions of the Road depicted in Schedule “A,” for the sole purpose set forth in Schedule “A.” The Permits address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures during the time that work is to be performed. 2. The Association agrees to construct and maintain the improvements set forth in Schedule “A” (hereinafter referred to as “Improvements”) at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. 3. Should the Association fail to construct, inspect or maintain the Improvements in accordance with Schedule “A” or law, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within 60 working days following receipt of such notice, the Association at its sole cost shall cause the appropriate repairs or cure to be affected. In the event damage to, or failure to maintain the Improvements results in a situation where public safety is at risk, (1) the Association shall effect repairs within twenty-four hours of receipt of the County’s written notice, or (2) the County may, at its option, effect repairs to the Improvements, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in effecting the repairs. The Association shall reimburse the County for such costs within thirty days of receipt of the County’s bill. 4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees of the County, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys’ fees and costs of litigation, against the County arising out of the Association’s use of the Road for the purposes set forth in this Agreement, including the construction and removal of the Improvements. The Indemnitee shall not undertake to settle any lawsuit or threatened a lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Road for the purposes stated within this Agreement and the Road has been 3 of 6 restored as set forth below, at which time, following receipt of the Association’s written request, the County will execute a release from indemnification in favor of the Association. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty days of the date that County is aware of such claim. 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest. The Agreement may be freely terminated as of right by either party, with or without cause, upon written notice to the other. If the Association exercises this right, or if the County exercises this right based upon the Association’s substantial breach of this Agreement, then upon written demand by County, the Association, at its sole cost and expense, shall remove the Improvements and will restore the Road to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right, or if the Association exercises this right based upon the County’s substantial breach of this Agreement, then the County will be responsible for any removal of the Improvements or restoration of the Road. Except for the above, neither party will be liable to the other for any damages or claims resulting from the termination of this Agreement. 8. In the event, either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will be provided to the Association. 10. This Agreement is the entire agreement between the parties and supersedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. 11. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY 4 of 6 5 of 6 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: __________________________________ _______________________________________ Krystal Kunzel, Clerk Andy Solis, Esq. Chairman WITNESSES: __________________________ (“Association”) ________________________ By: _________________________ Printed Name: Printed Name: Title: ________________________ Printed Name: STATE OF FLORIDA COUNTY OF COLLIER Signed and acknowledged on this ____day of _________________, 2018, before me, the undersigned notary public, by___________________________________________, President of ________________________________________, a Florida corporation not-for-profit, on behalf of the corporation. He [] is personally known to me or [ ] produced __________________ ______________________________ as identification. _______________________________ Notary Public Printed Name: My Commission Expires: ________________ Approved as to form and legality: _____________________ 6 of 6 Scott A. Stone, Assistant County Attorney 1 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20180003429 SUMMARY OF AMENDMENT This amendment adds single-family homes as permitted uses in the geographic area known as Plantation Island through the creation of a new overlay zoning district. LDC SECTION TO BE AMENDED 2.03.07 Overlay Zoning Districts ZONING ATLAS MAPS TO BE AMENDED 3924N 391314 ORIGIN Board of County Commissioners HEARING DATES BCC TBD CCPC TBD DSAC 12/05/2018 DSAC-LDR N/A ADVISORY BOARD RECOMMENDATIONS DSAC-LDR N/A DSAC TBD CCPC TBD BACKGROUND On June 26, 2018, the Board of County Commissioners (Board) directed staff to draft an ordinance to allow single family homes in the Mobile Home (MH) Zoning District within the area known as Plantation Island (Item 11.A), in part to provide new options for rebuilding after storm damage with more resilient structures in an area vulnerable to storm hazards. During the vetting process, staff was also asked to solicit community input on the option of adding recreational vehicles (RVs) as an allowed use. This amendment creates a new overlay district, called the Plantation Island Overlay (PIO), which covers all of the properties within Plantation Island that are currently zoned MH -ACSC/ST and two adjacent parcels that are currently zoned RSF-1-ACSC/ST and MH(4)-ACSC/ST. With the creation of the PIO, these properties will be designated MH-ACSC/ST-PIO, RSF-1-ACSC/ST-PIO, and MH(4)-ACSC/ST-PIO, respectively. See changes to the Zoning Atlas in Exhibit A. Within the PIO, the development standards of the underlying zoning district will apply (e.g. minimum yards, maximum building heights, minimum floor area of buildings, etc.). Additionally, none of the properties within the PIO will be exempt from any local, State, or Federal requirements that are currently applicable to development within the area, including development restrictions placed upon the Area of Critical State Concern-ST (ACSC- ST) overlay. A Neighborhood Information Meeting was attended by 67 members of the public at the Museum of the Everglades, in Everglades City, on November 15, 2018. The question of including RVs as an allowed use was discussed extensively. While some individuals favored allowing RVs, the community consensus was to maintain the underlying MH zoning and limit the overlay to single family home construction as the only allowable alternative. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY To be provided by Comprehensive Planning Staff. EXHIBITS: A) Amended Zoning Atlas Maps B) Current Code References to Plantation Island DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx Amend the LDC as follows: 1 2.03.07 – Overlay Zoning Districts 2 3 * * * * * * * * * * * * * 4 5 Q. Plantation Island Overlay (PIO). 6 7 1. Purpose. The purpose of the Plantation Island Overlay (PIO) is to provide for 8 additional permitted uses within the geographic area known as Plantation Island. 9 The PIO allows traditional single-family detached dwellings as permitted uses in 10 addition to the uses allowed by the underlying MH-ACSC/ST zoning. 11 12 2. Applicability. The PIO boundary is delineated on the map below. Unless specified 13 otherwise in this section of the code, the development standards shall be per the 14 underlying zoning district and applicable code standards. In the event of conflict 15 between the underlying zoning district requirements and those contained in the 16 PIO, the requirements of the PIO shall supersede the underlying zoning 17 requirements. 18 19 20 21 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx 3. Permitted Uses. 1 2 a. All principal and accessory uses permitted by right in the underlying zoning 3 district as identified in LDC section 2.03.02. 4 5 b. Single family dwellings. 6 7 4. Area of Critical State Concern (ACSC). Nothing herein shall exempt any land use 8 from complying with the applicable design standards and requirements of the Area 9 of Critical State Concern-Special Treatment (ACSC-ST) overlay per LDC section 10 4.02.14. 11 12 5. Floodplain Protection. Nothing herein shall exempt any land use from complying 13 with the applicable Floodplain Protection standards under LDC section 3.02.00. 14 15 # # # # # # # # # # # # # 16 Exhibit A – Amended Zoning Atlas Maps 4 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx MAP TO BE REMOVED Exhibit A – Amended Zoning Atlas Maps 5 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx MAP TO BE ADDED Exhibit A – Amended Zoning Atlas Maps 6 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx MAP TO BE REMOVED Exhibit A – Amended Zoning Atlas Maps 7 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx MAP TO BE ADDED Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 8 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx Table of Contents Page Definitions 9 (LDC Section 1.08.02) Temporary Recreational Vehicle storage and use provisions 9 (Code of Ordinances Sec. 130-96) Mobile Home Zoning District 10 (LDC Section 2.03.02.G) Dimensional Standards for Principal Uses in MH District 12 (LDC Section 4.02.01) Design Standards for Development in the ST and ACSC-ST Districts 13 (LDC Section 4.02.14) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 9 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx Definitions (LDC Section 1.08.02) Dwelling, single-family or one-family: A building that contains only 1 dwelling unit. Dwelling (also called dwelling unit): Any building, or part thereof, constituting a separate, independent housekeeping establishment for no more than 1 family, and physically separated from any other rooms or housekeeping establishments which may be in the same structure. A dwelling unit contains sleeping facilities, sanitary facilities, and a kitchen. Mobile home: A structure, transportable in one or more sections, which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Principal building, structure, or use: The main or primary use on a lot or parcel, or the building in which the main or primary use is housed or carried out. Recreational vehicle: A vehicular-type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailer, truck campers, camping trailers, and self-propelled motor homes. Temporary Recreational Vehicle storage and use provisions (Code of Ordinances Sec. 130-96) Code of Ordinances Sec. 130-96. - Limitation on the parking, storage or use of recreational vehicles. (a) No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot in a Residential District, or any location not approved for such use. In Residential Districts permitting single-family homes or mobile homes, a Recreational Vehicle may be parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or on davits or cradles adjacent to waterways on residentially zoned property; provided, however, that such Recreational Vehicle may be parked anywhere on residential premises, other than on county rights-of-way or right-of-way easements for a period not to exceed six hours within a time period of seven days for loading and unloading, and/or cleaning prior to or after a trip. For the purpose of this section, the rear yard for a corner lot shall be considered to be that portion of the lot opposite the street with the least frontage. For through lots, the rear yard shall be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the street. (b) The following exceptions may be granted by the County Manager or his designee: (1) Recreational Vehicles may be parked only on a driveway located within the front yard and/or on a driveway located within the side yard of a single-family or mobile home residence other Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 10 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx than on County rights-of-way or right-of-way easements for a period not to exceed 48 hours within any given 7-day time period so long as a permit is obtained from the Collier County Code Enforcement Department. Said permit must be affixed to the Recreational Vehicle in such a way that the permit is visible from the street. Such permits shall be available on-line at the Collier County Code Enforcement Department website. (2) Recreational Vehicles may be parked upon the premises of the resident for a period not exceeding seven days for the purpose of repairing and/or cleaning prior to or after a trip. A temporary use permit must be obtained from the Collier County Code Enforcement Department to authorize this activity. Said permit must be affixed to the Recreational Vehicle in such a way that the permit is visible from the street. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. (3) Nonresident: Such car, trailer, bus or motorhome, when used for transportation of visitors to this county to visit friends or members of the visitor's family residing in this county may be parked upon the premises of the visited family for a period not exceeding seven days. A temporary use permit must be obtained from the Collier County Code Enforcement Department to authorize this activity. Said permit must be affixed to the Recreational Vehicle in such a way that the permit is visible from the street. This does not allow for living, sleeping, or housekeeping purposes. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. (Ord. No. 10-26, § 6) Mobile Home Zoning District (LDC Section 2.03.02.G) G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide land for mobile homes and modular built homes, as defined in this Land Development Code, that are consistent and compatible with surrounding land uses. The MH District corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County GMP. The maximum density permissible in the MH 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 MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the mobile home district (MH). a. Permitted uses. 1. Mobile homes. 2. Modular built homes. 3. Family care facilities, subject to section 5.05.04. 4. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for RV spaces. The development standards Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 11 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. 5. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. b. Accessory Uses. 1. Uses and structures customarily associated with mobile home development such as administration buildings, service buildings, utilities, and additions which complement a mobile home. 2. Private docks and boathouses, subject to section 5.03.06. 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 4. One single-family dwelling in conjunction with the operation of the mobile home park. c. Conditional uses. The following uses are permissible as conditional uses in the mobile home district (MH), subject to the standards and procedures established in LDC section 10.08.00. 1. Child care centers and adult day care centers. 2. Churches. 3. Civic and cultural facilities. 4. Schools, private. 5. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/ lots/parcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 6. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04. 7. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. (Ord. No. 08-11, § 3.E; Ord. No. 16-27, § 3.C) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 12 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx Dimensional Standards for Principal Uses in Base Zoning Districts (MH) (LDC Section 4.02.01) A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. Zoning District Minimum Lot Area (square feet) Minimum Lot Width (linear feet) Maximum Building Coverage (%) MH 6,000 60 None Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. Zoning District Maximum Building Height (feet) Minimum Distance Between Buildings Minimum Floor Area of Buildings (square feet) Floor Area Ratio (%) MH 30 None None None Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line. Zoning district Minimum Front Yard (feet) Minimum Side Yard (feet) Minimum Rear Yard (feet) Public School Requirements MH 1 25 Waterfront 10 Non-waterfront 7.5 10 x 1 MH District - additional yard requirements: side yard setback from a public road that is external to the boundary of the park = 50 ft.; the minimum setback on any side from the exterior boundary of the park = 15 ft. Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 13 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx Design Standards for Development in the ST and ACSC-ST Districts (LDC Section 4.02.14) 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. B. All development orders issued for projects within the ACSC-ST shall be transmitted to the State of Florida, Department of Economic Opportunity, for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code, development order Requirements for Areas of Critical State Concern. C. Site alteration within the ACSC-ST. 1. Site alteration shall be limited to ten (10) percent of the total site size, and installation of nonpermeable surfaces shall not exceed fifty (50) percent of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. 2. Any nonpermeable surface greater than 20,000 square feet shall provide for release of surface runoff, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. 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 exotic 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); 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: 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). 5. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of stormwaters as sheet flow from the downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the fifty (50)-year storm. Fill areas and related ponds shall not substantially retain or divert the tidal flow in or to a slough or strand or significantly impede tidal action in any portion of the estuarine zone. 6. Manmade lakes, ponds, or other containment works shall be constructed with a maximum slope of thirty (30) degrees to a depth of six (6) feet of water. When mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery-grown aquatic vegetation, restoration or revegetation of the property, and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 14 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx out an activity defined in § 380.04, F.S. as amended, as development or applies for a development permit as defined in § 380.031, F.S. as amended, to develop any existing quarrying lake area, these regulations shall apply. 7. Finger canals shall not be constructed in the ACSC-ST area. 8. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 9. Drainage. a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with subsection 4.02.14 C.9.b. immediately following; however, modifications may be made to existing facilities that will raise the groundwater table or limit saltwater intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on-site or to a natural retention or filtration and flow area. New drainage facilities shall also maintain a groundwater level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or system. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters whether directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 10. Transportation. a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the reestablishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for the passage of stream, strand, or slough waters through the use of bridges, culverts, piling construction, or performance-equivalent structures or systems. b. Transportation facilities shall be constructed parallel to the local surface flow, and shall maintain a historic ground level sufficient to protect wetland vegetation through the use of weirs or performance- equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flows areas. c. Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing, or performance-equivalent structures or systems. 11. Structure installation. a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum low floor elevation permitted for structures shall be at or above the 100-year flood level, as established by the administrator of the federal flood Insurance Administration. The construction of any structure shall meet additional federal flood insurance land management and use criteria. c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 15 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx N/A to Plantation Island per 4.02.14.D Special conditions applicable to Plantation Island N/A to Plantation Island per 4.02.14.D D. Port of the Islands, Copeland, and Plantation Island. Port of the Islands, Copeland, and Plantation Island are developments located within the Urban Designated Area, but are also located within the Big Cypress Area of Critical State Concern. A portion of the Port of the Islands development was determined "vested" by the State of Florida, thus exempting it from the requirements of ch. 380, F.S. There is an existing development agreement between Port of the Islands, Inc., and the State of Florida, Department of Community Affairs, dated July 2, 1985, which regulates land uses at Port of the Islands. Development within Port of the Islands shall be regulated by the development agreement and the residential density and commercial intensities shall not exceed that permitted under zoning at time of adoption of the GMP. Development within the Urban Designated Areas of Copeland and Plantation Island shall be reviewed and approved administratively by the County Manager or designee for compliance with Area of Critical State Concern regulations. Development within the Urban Designated Areas of Copeland and Plantation Island shall not be required to go through the process of filing a petition for site alteration or site development plan approval, pursuant to 4.02.14 G, and not be required to follow the procedures for site alteration plan or site development plan approval pursuant to 4.02.14 E, 4.02.14 F.2 and 4.02.14 F.3. This does not exempt development orders required pursuant to Chapter 10 of the Code. There is also an agreement for Plantation Island, between the Board of County Commissioners and the Department of Community Affairs, to allow site alteration, including dredging and filling of up to 2,500 square feet, regardless of the predevelopment vegetation. This Agreement is recorded in the Official Records, Book 3788, Page 3788, in the public records of Collier County. E. Site alteration plan or site development plan approval required. Prior to the clearing, alteration, or development of any land designated ST or ACSC-ST, property owners or their legally designated agent shall apply for and receive approval of a site alteration plan or site development plan, as the case may be, by the BCC as provided in 4.02.14 F (below). F. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. 1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the County Manager or designee. The preapplication conference is for the purpose of guidance and information, and for ensuring insofar as is possible, that the petition is in conformity with these regulations. 2. Review and recommendation by the County Manager or designee, Planning Commission and Environmental Advisory Council. The site alteration plan or site development plan shall be submitted to the County Manager or designee who shall have it reviewed by the appropriate county staff. The County Manager or designee shall then forward the site alteration plan or site development plan and the county staff recommendations to the Planning Commission (CCPC) and the Environmental Advisory Council (EAC) for review and recommendation. Hearings before the CCPC and EAC are not required to be legally advertised and not required to provide notice to abutting property owners, but shall be held in a regular meeting. Recommendations from the CCPC, EAC and staff shall be forwarded to the BCC for final action. 3. Final action by Board of County Commissioners (BCC). Final action on the site alteration plan or site development plan lies with the BCC. The BCC shall review the proposed site alteration plan or site development plan in a regular meeting and shall act formally by resolution stipulating reasons for approval, or approval with modification, or denial of the site alteration plan or development plan. 4. Other permits required. The petitioner may at any time during the county review process apply for the appropriate local, state and federal permits for the alteration or development of the subject property. 5. Commencement of site alteration or site development. Upon obtaining all required local, state and federal permits in order to alter or develop the subject property, the petitioner may commence alteration or development in accordance with the conditions and requirements of said permits. G. Submission requirements for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. The following shall be submitted in a petition for site alteration or site development approval of ST or ACSC-ST land, where applicable: 1. Submission requirements pursuant to 10.02.00 and 10.08.00, as applicable. 2. Locations for beach access as required the Beach Access Ordinance No. 76-20 [Code ch. 146, art. III] or its successor in function. 3. Document that the project is consistent with 3.03.00 and the Objectives and Policies in Goal 10 of the Conservation and Coastal Management Element of the GMP. N/A to Plantation Island per 4.02.14.D Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 16 L:\LDC Amendments\Current Work\Plantation Island Overlay\2.03.07 Plantation Island Overlay 11-20-18.docx H. Exceptions from public hearing requirements. The County Manager or designee may administratively approve a site alteration plan or site development plan for land designated ST or ACSC-ST without the public hearing otherwise required by this section if: 1. The area of the proposed alteration or development is five (5) acres or less in gross area; there are no transfer of development rights involved, and the following conditions, where applicable, exist: a. The proposed site alteration or site development will occur on land that was lawfully cleared and no more than ten percent of the cleared lands have re-grown with native vegetation. b. Where the proposed alteration or development involves a single-family principal structure or the renovation or replacement of a single-family structure and the proposed site alteration or site development plan will not require any significant modification of topography, drainage, flora, or fauna on the site. "Significant modification" shall mean modification greater than 15 percent of the site. c. No pollutants will be discharged from the area that will further degrade the air, water or soil. d. Water management berms and structures proposed for the protection and/or enhancement of the ST areas will meet the minimum dimensions permitted by the South Florida Water Management District. 2. Temporary site alteration for oil and gas geophysical surveys and testing. "Temporary site" alteration shall mean only those alterations involving and cutting of vegetation for surveys and equipment entry, drill shot holes not exceeding six inches in diameter and rutting associated with vehicle access. Trimming of vegetation for access routes shall be kept to the minimum width necessary for surveying and testing. The site shall be restored as required by federal, state and county permits within 90 days of the start of the project. 3. A conditional use has been approved. 4. Site alteration or site development around existing communication towers to expand or construct accessory structures associated with an already existing tower, not to exceed five acres. 5. All other site alteration or site development plan approvals of any size shall be as required to comply with the provisions in 4.02.14 D, E and F, as applicable. I. Exemptions. The following activities shall be exempt from the requirements of 4.02.14 E and F. 1. Removal and control of exotic vegetation as defined in Chapter 3 of this Code. 2. Prescribed fires and associated firebreaks as approved by the Florida Department of Forestry. 3. Removal of non-native vegetation pursuant to Chapter 3 of this Code. (Ord. No. 06-07, § 3.G; Ord. No. 12-38, § 3.I; Ord. No. 18-18, § 3.K) A POLICYPRIVATELY-OWNED BRIDGES11/29/2018 CONTENTSPolicy PurposeExisting Private BridgesExisting Public to Public ConnectionsExisting Public to Private & Private to Private ConnectionsPolicy ImpactsRecommendations PURPOSESAFETYPRIVATE BRIDGES ACCEPTANCESTANDARDS FOR CONSTRUCTION & PERPETUAL MAINTENANCE EXISTING PRIVATE BRIDGES (KNOWN)…• Goodlette-Frank Road over Pelican Marsh Blvd.• Strand Blvd. over Cocohatchee Canal• Livingston Road over Pelican Marsh golf cart path• Bellaire Bay Drive over Cocohatchee Canal• Goodland Bay Drive over Cocohatchee Canalon county-maintained roads EXISTING PUBLIC TO PUBLIC CONNECTIONS...IMPLEMENTATION PROCESS1.Identify ownership, location, and structural integrity2.Request voluntary transfer of ownership3.Ensure that all deficiencies are addressed4.Draft MOU with owner to address any necessary repairs, and future non-structural improvements5.Make recommendation to BCC for acceptance6.Schedule FDOT Bridge number assignment and biennial inspection rotation EXISTING PUBLIC TO PRIVATE & PRIVATE TO PRIVATE CONNECTIONS….OWNER’S RESPONSIBILITIESA.Provide regular inspections on a 5 to 7-year frequency by qualified and licensed professionals as identified in the LDC.B.Provide regular maintenance by qualified and licensed professionals in conformance with FDOT standards at owner’s expenseC.Provide proof of inspection and maintenance when requested by the County. POLICY IMPACTS….Revisions to LDC required to address:• Consistency of design standards with those of FDOT for all new private bridges• Qualification of structural designers; and• Qualification of InspectorsRevisions to the Right of Way Permitting Manual required to address:• Permits required for construction/erection, engineering, and inspection of private bridgesPUD transportation commitments must provide for future ownership transfers. RECOMMENDATIONS…AuthorizeAuthorize staff to make amendments to the necessary LDC sections, affected ordinances, and the Right of Way Permitting Manual. ExcludeExclude from County’s asset and maintenance program bridges that provide only public to private, and private to private connections.AcceptAccept into the County’s asset and maintenance program bridges with public to public connections that have been voluntarily offered for County ownership.Accept the Maintenance and Operations Agreement (Exhibit “A”) as companion to this policy. QUESTIONS?…This Photo by Unknown Author is licensed under CC BY-SA