LDR Subcommittee Agenda 12/18/2018 Land Development Code
Goiter County Amendments
Growth Management Department
- Public Meeting -
Development Services Advisory Committee
Land Development Review Subcommittee
Tuesday, December 18, 2018
2:00 p.m.—4:00 p.m.
2800 N. Horseshoe Dr., Naples, FL 34104—GMD Building
Conference Room 609/610
Meeting Purpose: Agenda:
1) To preview 1. Call to order
upcoming changes to 2. Changes to agenda
public notice signs and 3. Approval of Minutes from August 21, 2018
potential LDC
amendments related 4. Approval of Minutes from October 16, 2018
to commonly approved 5. Informational Items:
deviations, a. Public Hearing Notice Signs
b. Codifying Regularly Approved Deviations
2) To obtain a c. Golden Gate Area Master Plan LDC Amendments
recommendation from 6. Previously Reviewed Amendments:
the DSAC-LDR
Subcommittee a. Residential Lighting
regarding several LDC b. Revised Commercial Landscaping Amendment
amendments, and c. Airport Zoning
7. New LDC/Admin Code Amendments:
3) To begin review of a a. Emergency Generators
comprehensive update b. Separation Requirements for Storage Facilities on U.S. 41
to the Administrative c. Comprehensive Administrative Code Update
Code.
d. Communication Towers in the RFMUD Sending Lands
e. Gas Station Signs
8. Public comments
9. Adjourn
News Release Posted TBD
For more information please contact Jeremy Frantz at(239) 252-2305 or Jeremy.Frantz@colliercountyfl.gov
August 21, 2018
MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW
SUBCOMMITTEE
Naples, Florida, August 21, 2018
LET IT BE REMEMBERED, the Collier County Development Services Advisory
Committee—Land Development Review Subcommittee in and for theof Collier,
having conducted business herein, met on this date at 3:00 PM i LAR
SESSION at the Growth Management Department Buildin: -p O 609/610 2800 N.
Horseshoe Drive, Naples, FL with the following perso4;k
r::-nt:
Chairman: • : •s er
oley
Ilk 4 .ert Mulhere
eff Curl
Marco Espinar
&4?*IvAS)
<6 SSI.11 l' S'''' r
ALSO PRESENT: Jeremy Frantz, LDC Manager
Ellen Summers, Senior Planner
Richard Henderlong, Principal Planner
Caroline Cilek, Manager of Inspections and Plans Review
Eric Johnson, Principal Planner
Cormac Giblin, Manager, Housing and Grant Development
1
August 21, 2018
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 Division—Planning and Regulation Building..
1. Call to order
Mr. Brooker called the meeting to order at 3:00 p.m.
2. Changes to Agenda
Mr. Curl moved to approve the Agenda. Second by Mr. Foley. Carried unanimously 5—0.
3. Old Business
None '\'
4. Review of Amendments to LDC Sections (Affordable Housing) 'Al °*
Sections to be Amended: 1.08.02 Definitions;
2.06.00—Affordable Housing Density Bon10
Mr. Johnson and Mr. Giblin presented the proposed amendm- - '• . it is intended to revise the
definition of Affordable Housing and increase the maximu 4114 m. of allowable units per acre
from 8 to 12.
They noted the version has been revised from the cop ha as provided in the meeting packet:
With permission from DSAC-LDR, staff presented the foll: g changes on the visualizer:
1. Narrative — Deletion of the word "Area" and et ' in_ `MI" for Collier County on page 1. On
page 2, staff proposed two new sentences t a tive.
2. Section 1.08.02 Definitions — Affordab 'ng — Reviewed the language and made several
suggestions to clarify the costs utilize. ' alculation.
3. Section 2.06.01 D.2.d.—Showed t - i ted text on page 6.
4. Section 2.06.02— Showed the hi_ '714, text on page 8.
5. Section 2.06.03 A — Show-. t - - , table with the amended maximum densities, increasing
them from eight to 12. : -. - note, which was earmarked for deletion: Total Allowable
Density—Base Density Iti,fo',able Workforce Gap Housing Density Bonus. In no event shall
the maximum gross sity . owed exceed 16 units per acre. "
6. Section 2.06.03 "gross density allowed under the growth Management Plan"language
shall be incorpor int other areas of the proposed amendment as necessary.
7. Section 2.06.1 howed the highlighted text on page 11.
8. Section ,; .0' •:. —Staff showed the highlighted text on page 14 and 15.
9. Secti.. ... :.—the language be revised to allow for the most recent year's filed tax return to
be utili t - verification and review, and reworded to eliminate any duplication of text in the
Section.
Mr. Foley moved for the Development Services Advisory Committee to recommend the Board of
County Commissioners adopt the proposed Land Development Code amendment subject to the
revisions outlined above. Second by Mr. Curl. Carried unanimously 5—0.
5. Review of Code of Laws and Ordinances (Flood Damage Prevention) and Administrative Code
(Flood Damage Prevention)
Ms. Cilek presented the Draft Flood Damage Prevention Ordinance for consideration. The
Subcommittee reviewed the proposal with Staff on a page by page basis with minor grammatical
2
August 21, 2018
type changes being made in real item. The following more substantial issues were raised by the
Subcommittee as outlined below:
Section 62-71 -Variances and appeals; in general -Staff to review the language and ensure the
process is clear for those involved in appeals and variances including clarifying the appropriate
governing body for the procedures.
Section 62-93 —substitute the term"Coastal High Hazard Area"with "VE zone."- Staff to review
the document to determine if this change applies to any other section.
Section 62-102-Hardship—revise language from or the"disapproval"of one's neighbors to
"objection of one's neighbors..."
Section 62-112 - Enclosures below the lowest floor. The following concerns were raised regarding
the Section:
• The prohibition on finishing the area may be over restrictive and the de 'tio the term
should be clarified. As it exists, it may limit simple improvements t he'.A 'e such as
hanging a cabinet,painting surfaces, etc. for those intending to us a e for personal tool
storage,hobby activities, etc.
• The prohibition on temperature controlling the interior port.- , h enclosed area should
be reconsidered. It prevents an individual from using m.• -. conditioning in the garage
or other area to cool the space or remove humidity if' *'`m.; used as a workshop area for
hobbies, etc. or something is stored in the area that Ati re reatment of the air.
• Requiring flood damage resistant materials (pres tr.• ed, backerboard, etc.)being used in
the space is not necessary as an individual m. wa t use basic sheetrock or other
inexpensive materials in the area. The spa 'e i: '•ro ibited to be used as habitable living area
and the cost for replacing materials due • •.._e would be minimal.
• The requirement for the doors shou ' wed to ensure the requirements meet the
intended use of the space.
• The Florida Building Code do-s 4140 f rence the requirements and the Section may be over
reaching—Staff noted the p •• ,' to address issues in the County with individuals illegally
converting the space to •410.t•: e uses. The concern is if the County does not adequately
regulate the activity, • chance of being deemed ineligible for the National Flood
Insurance Progra , a tua'on that has occurred in at least one other County in Florida.
Mr. Curl left the meetin,44 5: m.
Section 62-115— `a,'-- e language from"When not part of substantial improvement or repair of
substantial •IA;_e, eplacement of permanently mounted air-conditioners, generators, and exterior
,,, )mechani •. ent shall be elevated to or above the BFE or the lowest floor elevation of the
building to "When not part of substantial improvement or repair of substantial damage,
replacemen of permanently mounted air-conditioners, generators, and exterior mechanical
equipment shall be elevated to or above the BFE or the lowest floor elevation, which ever is lower."
Section 62-118 (2) d—revise the language "...for the entire discharge...,"to "...for the entire
basin..."
Staff reported they would revise the Ordinance based on the Subcommittee's input.
The Subcommittee noted there are still outstanding issues with Section 62-112. They expressed no
recommendation has been formulated on this Section—Staff reported they would review the
concerns with the Building Division and revise the language as necessary and submit it to the
Subcommittee for review and comment prior to the DSAC meeting.
3
August 21, 2018
Mr.Mulhere moved for the Development Services Advisory Committee(DSAC)to recommend the Board of
County Commissioners adopt the proposed Flood Damage Prevention Ordinance subject to the changes
discussed above other than those to Section 62-112(Enclosures below lowest floor). Staff to provide the
Subcommittee Members any proposed changes to this Section for their consideration and comment prior
to, and/or at the regularly scheduled DSAC meeting. Second by Mr. Foley. Carried unanimously 4—0.
6. Meeting Schedule (this Item was heard at 4:50pm, before Mr. Curl left the meeting and the
Subcommittee completing review of Item 5).
Mr. Frantz reported Staff will be scheduling meetings on a more regular basis given the
amendments being proposed in the future. It is anticipated a meeting will be held ery other month,
if necessary.
7. Public comments
coiN4441'\\)*
None
ii,V.Z../
There being no further business for the good of the County et ng was adjourned by the
order of the Chair at 5:12 P.M.
\+C151471v
4itLIER COUNTY DEVELOPMENT SERVICES
VISORY COMMITTEE -LAND DEVELOPMENT
REVIEW SUBCOMMITTEE
'cl4C411"'Sea(1S1S
These Minutes were approved by the Committee on , as presented , or as
amended .
4
October 16, 2018
MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW
SUBCOMMITTEE
Naples, Florida, October 16, 2018
LET IT BE REMEMBERED, the Collier County Development Servicesdvisory
Committee —Land Development Review Subcommittee in and for t - W. of Collier,
having conducted business herein, met on this date at 2:00 PM 'iliii ULAR
SESSION at the Growth Management Department Build *fin
609/610 2800 N.
Horseshoe Drive, Naples, FL with the following peon resent:
an: Clay Brooker (Excused)
6
4a
Blair Foley (Excused)
149 Robert Mulhere
Jeff Curl
&'S'41'14)
ALSO PRESENT: Jeremy Frantz, LDC Manager
Ellen Summers, Senior Planner
Eric Johnson, Principal Planner
Richard Henderlong, Principal Planner
Mike Bosi, Planning Director
Kerry Keith, Sr. Director of Airport Development & Facilities
1
October 16, 2018
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 Division —Planning and Regulation building at 239-
252-2400.
1. Call to order
The meeting was called to order at 2:00pm. A quorum could not be established.
Staff noted that no actions could be taken by the Subcommittee,however, comments will be
welcomed on the proposed amendments.
2. Changes to Agenda
None
\*)
3. Approve Minutes from August 21, 2018
ciiS ' ''
Continued
4. Old Business
a. Affordable Housing Amendment Update
LDC Sections: 1.08.02 Definitions 2.06.00 Affordable ensity Bonus (multiple
sections)
Mr. Johnson reported:
• The Subcommittee and Development S i es visory Committee (DSAC)reviewed
the proposed amendment previously ev changes were incorporated after the
recommended approvals.
• The substantive changes are ou . the latest version in yellow highlighting and
included input from the Co t ey's Office.
• The item is scheduled to b -7711.y' the Collier County Planning Commission(CCPC)
on November 1, 2018
Under Subcommittee di io ' was noted the density bonus provision only applies to the
urban area and it ma e a tageous to investigate the feasibility of providing incentives in the
Rural Fringe Mix District for Transfer of Development Right credits to help improve the
programs feasi
Staff not-- he eV •ming Growth Management Plan Restudy for the Rural Fringe, Staff
antici t-10. - -•sing eliminating the requirement for TDRs for qualified affordable housing.
,,, ),
Mr. ere suggested that it may be beneficial to consider adding a bonus unit to the program
as an additional incentive or to consider increasing the maximum density for affordable housing.
Staff noted that the Golden Gate area Master Plan includes an increase in the maximum density
in the Activity Center and through the current housing initiative, the Board directed staff to
consider changes to activity centers which may include increases in the maximum density.
b. Revised Commercial Landscaping Amendment
LDC Sections: 4.06.02 Buffer Requirements 4.06.05 General Landscaping Requirements
Mr. Frantz reported:
2
October 16, 2018
• The CCPC reviewed the item following a recommendation by the DSAC and requested
Staff conduct further research on the issue.
• One concern is the size of the trees required in the replanting may not be readily available
in the marketplace.
• The proposed changes include a phased approach where only 50 percent of the trees may
be replaced followed by a 15-year waiting period.
Under Subcommittee discussion it was noted:
• The market availability of larger trees is being influenced by the Hurricane Irma recovery
and may pass over time.
• Creating a new standard that only applies to shopping centers with T e ffers is
unnecessary.
• The prohibition on slash pine and bald cypress is problematic, ro ctions for
existing trees would be preferable.
• The requirement of allowing 50 percent removal and waiting period does not
address the property owners concern of addressing s. - .- •'lity issues and visibility of
signage due to the increasing size of the landscapi s4_,
• One avenue to address the issue is altering the r- .e is for signage whereby the
signs would be allowed at a lower level undet canopy.
Staff noted the proposed amendment will be u da .• 7h the Subcommittee's comments and
returned to the Subcommittee for further re 's Pi ecember.
4\'
5. New LDC Amendments
a. Airport Protection Overlay
LDC Sections: 2.03.07 Overl. •,i istricts 4.02.06 Standards for Development in Airport
Zones Appi P -irport Zoning
Ms. Summers reported:
• The Florida Statu as evised(Chapter 333) and the County is required to adhere to the
new standar
• The cha 4 ardirect result of the Statutory updates and include revised definitions
and to i .4o.y as well as new requirements for airspace obstructions.
• Other •) • s included updating the Official Zoning Atlas and revising Tables 4 - 8.
• '''t.ro a sed amendments were developed with assistance from the Naples Airport
16 silty.
Under ',committee discussion it was noted:
• The goal of the review process will be to engage applicants earlier in the process, (i.e. at
the pre-application meeting stage)with input from the impacted airport authority, etc.
• Staff will rely on the Airport Authorities to complete these reviews.
• Staff should review the exemption standards to determine if items such as elevator shafts,
cupolas, etc. located on the top of buildings should be included.
• Mr. Mulhere suggested adding a cross-reference within LDC sections that provide
exemptions from maximum zoning heights.
3
October 16, 2018
• Mr. Curl asked how landscaping would be addressed through the proposed process. Staff
responded that the amendment is intended only to add statutorily required language.
Staff noted the proposed amendment will be returned to the Subcommittee for review at a later
date.
b. Residential Lighting
LDC Sections: 4.02.08 Outside Lighting Requirements
Mr. Frantz reported:
• The proposed amendment was initiated due to public complaints on in sive lighting
onto adjacent properties.
• It was developed with the assistance of the Code Enforcement of ce ill enforce the
standards.
• Owners will need to ensure installed lights are directed do shielded to prevent
direct lighting from shining on an adjacent property.
Under Subcommittee discussion it was noted:
411
• The requirements are not envisioned to prohibi ' • edight trespass onto adjacent
properties, rather ensure the lamp is not direcvi '•.e.
• Staff should investigate the height requiremen lighting in a residential zone and
determine if changes to the amendmenar ec sary.
6. Approve 2018/2019 Meeting Schedule
a. December 18,2018
b. March 19,2019
c. June 18, 2019
d. September 17, 2019
e. December 17, 2019
Staff provided the p ose eeting schedule for the next year. A meeting will be held unless
there is no busin o e Subcommittee.
7. Public Commen
None
There bei :IA ther business for the good of the County, the meeting was adjourned by the
order of the it at 2:45PM.
COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE -LAND DEVELOPMENT
REVIEW SUBCOMMITTEE
T hese Minutes were approved by the Committee on , as presented , or as
amended .
4
Colter County
Growth Management Department
Memorandum
To: Development Services Advisory Committee—Land Development Review Subcommittee
(DSAC-LDR)
From: Jeremy Frantz, AICP, LDC Manager
Date: December 11, 2018
Re: Proposed Changes to Public Notice Signs
LDC Section 10.03.06 provides public notice requirements for a variety of petition types. Numerous
petitions require the posting of a sign and a template for each sign is provided in the Administrative Code.
Over time, these templates have resulted in public notice signs that are difficult to read, particularly to
motorists traveling at higher speeds. Staff proposes to modify the public notice sign templates to enhance
legibility, as shown below.No changes are proposed to the required sign sizes.
Prior to implementing this change through Administrative Code amendments, Staff will also present these
changes to DSAC at a future meeting for input regarding the proposed sign formats.
Current PUD Rezone Template Proposed PUD Rezone Template
PUBLIC HEARING REQUESTING PLANNED UNIT
DEVELOPMENT(PUD)APPROVAL PUBLIC HEARING NOTICE
PETITION NUMBER: [Project Name]
TO ALLOW: _ Planned Unit Development Rezone
(Request-Sulficientlyclear to describe the project)
LOCATION: Petition No.2018000XXXX
DATE: TIME: CCPC: [Date]-9:00 a.m.
CONTACT: _. --- BCC: [Date]-9:00 a.m.
THE ABOVE TO BE HELD IN THE BOARD OF COUNTY Collier Government Center
COMMI55IONERS CHAMBERS.THIRD FLOOR.COLLIER 3299 East Tamiami Trail, Naples, FL 34112
COUNTY GOVERNMENT CENTER,3299 TAMIAMI TRAIL [Planner Name]:239-252-XXXX
EAST,NAPLES,FLORIDA,34112.
-.0.-- -"a-
•PUIUC 14,1ARING RIMMING PLANNED U$1T PUBLIC HEARING NOTICE
DEVELOPMENT(POD)APPROVAL
PITITNENI iVWZ L2SOos4o0ioiun aM.AaTtTA..MtlYkaoss low
W Mattamy Homes RPUD
OMIT ZSIIPIMIPPIN.1 x° Planned Unit Development Rezone
.41..,....... ... «.NV....0.4.
I Petition No. 20180000183
,.« •» « . CCPC: May 4,2017-9:00 a.m.
-., MOW......" 1141. """"" BCC:June 13,2017-9:00 a.m.
MK rti W,RSO *M v 00111140 r«J101.1117li 1140•«K t RANO Collier Government Center
it%OM rwe urt wa-VP)r M-12t rites 91040.040 OLvt11GCtN'
w 7Ri12T91M1014VCi/*1CNIO1N4R NMI'AaRRA%CM*Mi. 3299 East Tamiami Trail, Naples, FL 34112
.ate tort rm>rr mg,or wSn
Eric Johnson: 2394524931
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\12-18-2018\Item 5.a(Public Notice Signs)\Memo to DSAC-LDR 12-18-
18.docx
Co -ter County
Growth Management Department
Memorandum
To: Development Services Advisory Committee—Land Development Review Subcommittee
(DSAC-LDR)
From: Eric Johnson, Principal Planner
Date: November 30, 2018
Re: Item 5.b. Codifying Regularly Approved Deviations
The Board of County Commissioners(Board)may exempt petitions from meeting certain required
elements of PUD master plans when the petitions contain conditions demonstrating that the
elements may be waived and that there will no detrimental effect on the health, safety and welfare
of the community. The waiving of these PUD master plan elements, known as deviations, is
provided for pursuant to Section 10.02.13 A.3.of the Land Development Code (LDC).
Between January 1, 2003 and July 10, 2018, the Board and/or the Hearing Examiner reviewed
over 100 petitions that contained new deviations or amendments to existing deviations. Staff
further examined these petitions and discovered that the petitioners were frequently requesting
deviations from at least three (3) sections of the LDC. The sections are identified as follows:
• Section 5.03.02–Fences and Walls, Excluding Sound Walls
• Section 5.06.02–Development Standards for Signs within Residential Districts
• Section 6.06.01 –Street System Requirements
When petitioners make frequent deviation requests to certain sections of the LDC, and those
requests are being approved, it begs the question as to whether staff ought to assess those sections
and update the LDC to reflect current standards. Staff will present these findings to the Collier
County Planning Commission (CCPC) and seek their direction to determine if a future update is
necessary.
Please contact me if you have any questions or comments.
Sincerely,
Eric Johnson, AICP, CFM
Eric.Johnson@colliercountyfl.gov
(239)252-2931
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\12-18-2018\Item 5.b(Deviations)\Memo.docx
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Clter County
Growth Management Department
Memorandum
To: Development Services Advisory Committee—Land Development Review Subcommittee
(DSAC-LDR)
From: Eric Johnson, Principal Planner
Date: November 29, 2018
Re: Item 5.c. Golden Gate Area Master Plan (GGAMP)Amendment and Land Development
Code (LDC)Amendment
On February 10, 2015, the Board of County Commissioners (Board) directed staff to initiate
Growth Management Plan(GMP)restudies in four areas of eastern Collier County, including the
GGAMP. In response to the Board's direction,staff developed a White Paper,which was reviewed
by the Board on January 23, 2018. The Board directed staff to initiate the GGAMP amendment
process. The proposed language for the GGAMP was presented to the Collier County Planning
Commission(CCPC)on July 19,2018,who voted(5-0)to recommend approval(with changes)to
the Board. The GGAMP amendment will be reviewed by the Board at their meeting on December
11, 2018. This will be considered a transmittal hearing.
Amending the GGAMP will necessitate updating the LDC. A new policy to the GGAMP—Policy
2.2.3—states the following:
Within two years of adoption, Collier County shall initiate the involvement of Golden Gate
City residents and business owners to consider amendments to the Land Development Code
to support and implement residential and commercial redevelopment and renewal
initiatives.Amendments shall include incentives for remodeling and renovation by creating
criteria and standards for variances and/or deviations.
Staff began the LDC amendment process this past summer, to coincide with the anticipated
adoption of the GGAMP amendments. Both the GGAMP amendment and LDC amendment
processes are expected to enhance walkability and incentivize redevelopment efforts along Golden
Gate Parkway.
In the fall of 2018,Johnson Engineering,Inc. assisted staff with conducting stakeholder interviews
and one public outreach meeting,which was held on November 11,2018. The next public outreach
meeting will be held in the first quarter of 2019. In addition, staff created a separate website in
anticipation of the higher level of interest associated with the redevelopment efforts. The website
is as follows:
Co ler County
Growth Management Department
https://www.colliercountyfl.gov/your-government/divisions-a-e/development-
review/land-development-code-and-amendments/golden-gate-city-master-plan-ldc-
amendments
Staff wanted the DSAC-LDR to be aware of this future LDC amendment. Please contact me if
you have any questions or comments.
Sincerely,
Eric Johnson, AICP, CFM
Eric.Johnson@colliercountyfl.gov
(239)252-2931
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\12-18-2018\Item 5.c(GGAMP LDCA)\Memo.docx
Cotter County
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20180002632 This amendment establishes standards for new outdoor lighting associated
with single-family dwelling units, two-family dwelling units, and
ORIGIN duplexes. These standards are intended to prevent high-intensity outdoor
Growth Management lighting from negatively impacting neighboring residential properties.
Department(GMD)
HEARING DATES
BCC TBD LDC SECTION TO BE AMENDED
CCPC TBD 4.02.08 Outside Lighting Requirements
DSAC TBD
DSAC-LDR 12/18/2018
10/16/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
Currently, there are no limitations with respect to outdoor lighting on residential properties with single-
family dwellings, two-family dwellings, or duplexes. However, the variety and intensity of lighting
fixtures available to homeowners at retail outlets presents an opportunity for outdoor lighting to
negatively impact surrounding residential properties. As a result, the GMD has been unable to resolve
complaints received by the Code Enforcement Division regarding residential outdoor lighting shining
toward neighboring homes, which are typically received up to several times a year.
At the March 13, 2018, Board of County Commissioners (Board) meeting, a member of the public
requested an ordinance to address significant nuisance lighting on single-family properties (See Item 7).
At the June 21,2018,Budget Workshop,one Commissioner noted an awareness of lighting problems on
residential properties, suggesting a need for County Staff to address the issue. As a remedy, this
amendment requires single-family dwelling, two-family dwelling, or duplex homeowners who install
lights or fixtures having an aggregate of 60 watts or 800 lumens or more to shield or aim those lights
away from abutting residential properties. The amendment does not apply to lighting on multi-family
residential development (three or more units).
The brightness and energy usage measurements correspond with the types of floodlights or other outdoor
lights which have the potential to impact neighbors (See Figures 1 and 2) and can be applied to both
traditional incandescent lights and LEDs. Outdoor lighting standards for single-family residences vary
throughout the state (See Exhibit A). These proposed standards are designed so that compliance and
enforcement are simple and do not require any special knowledge or tools.
A building permit is not required to install most lighting fixtures. Therefore, this standard will primarily
be implemented through the code enforcement process when a complaint is issued. If a code violation is
1
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\12-18-2018\Item 6.a(Residential Lighting)\4.02.08 Outside Lighting Requirements
10-17-18.docx
Cotter County
Growth Management Department
reported,homeowners could remedy a potential violation by repositioning the lights, using shielding, or
installing new lighting fixtures that comply with the proposed standard.
Figure 1. Lumen levels for typical outdoor lights
LED Outdoor Light Recommended LED Lumens
700-1300
150-300
120-180
120
100
Source: https://gamasonic.com/how-many-lumens-do-you-need-for-outdoor-lighting/
Figure 2. Department of Energy comparison of lumens and traditional incandescent watts.
LUMENS:THE NEW WAY TO SHOP FOR LIGHT
Choose Your Next Light Buli
the Brightness You Want.
Lumens rih
Lighting Facts v�f spm -450 -800 -1100 -1600
5rlgMnass 500 lumens
w�.0r«rg.
¢ art .rgrc�f1.VV 40 60 75 100
Libr Tradition
gran alIncand
` escenttgessl W
Lgtffppea
arts
Energy Used 13 nuts CH '.Bana
6.
a
For the greatest SdVlf1()5 - , . r PAPTMf'tt!f
,.,t. ENERGY
Source: https://www.energy.gov/sites/prod/files/lumens placard-black.pdf
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
This amendment could result in additional In the limited areas where the Growth Management Plan
unexpected costs for homeowners to replace (GMP) does address outdoor lighting, there is no
light bulbs with lower lumens or to replace specificity provided. Only the Conservation and Coastal
fixtures. There are no anticipated fiscal Management Element (CCME) policies pertaining to
impacts to the County associated with this wildlife protection, e.g. Policies 7.3.1 and 7.3.2
amendment. The amendment will allow code regarding sea turtles, may have applicability to the
enforcement to resolve some complaints dwelling unit types addressed in this LDC amendment
regarding outdoor lighting. but,again,there is no specificity provided. Further,such
lighting would have to comply with both this new LDC
provision and the CCME policies.
EXHIBITS: A) Lighting Standards in Other Communities
2
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DRAFTText underlined is new text to be added
Amend the LDC as follows:
1 4.02.08 -Outside Lighting Requirements
2
3 A. Lights on golf courses shall be located and designed so that no light is aimed directly
4 toward property designated residential, which is located within 200 feet of the source of
5 the light.
6
7 B. Specific height requirements in zoning districts.
8 1. GC—Twenty-five (25)feet
9 2. C-1—Twenty-five (25)feet
10 3. CF—Twenty-five (25)feet
11
12 C. Lights on lots with single-family dwellings, two-family dwellings, or duplexes. Lights or
13 fixtures having an aggregate of 60 watts or 800 lumens or more shall be shielded or aimed
14 away from abutting residential properties.
15 # # # # # # # # # # # # #
3
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Exhibit A — Lighting Standards in Other Communities
Community Standard Citation
Lee County(Upper "All outdoor lighting,including lighting on docks and Art.XI
Captiva Planning bulkheads,must be designed,installed,located,and Division 4 Sec.
Area) maintained to be hooded,shielded,and/or aimed downward." 33-1736
City of Sanibel "All exterior lighting shall be designed and installed to prevent Art.XIV
glare and light trespass.Light shall not be allowed to cause Div.4
glare affecting motorists,bicyclists,or other users of roads, Sec. 12-997(c)
driveways and bicycle paths.Light shall not trespass over
property lines."
(More detailed standards follow this section)
City of Naples "(a)Permitted exterior lighting.Exterior lighting or light Chapter 56 Art.
fixtures may be utilized at grade and at the 1st habitable floor III
of multifamily structures,provided that: Sec. 56-89
(1)The lighting is confined to a front yard facing a public
street,or to that portion of the facade facing a public
street; and
(2)The light source is directed only at the facade of the
building.
Lighting may also be utilized at grade to enhance
landscape features.Exterior lighting shall be designed,
arranged or shielded in such manner that all adjacent
properties and the public roadways are protected from
direct glare.
(b)Prohibited lighting.The use of exterior lighting or light
fixtures on any portion of the facade or roof of a multifamily
structure above the 1st habitable floor shall not be permitted.
(c)Exemptions.Warning lights,as required by state or federal
agencies,and exterior lights used exclusively for and
associated with outdoor walkways,stairs,hallways,pool
areas,and living spaces such as balconies,terraces,screened
porches,and similar spaces shall be exempt from the
requirement as listed in subsection(b)of this section.
Nonpermanent lighting,used exclusively during the holiday
period from November 15 to January 15,is also excluded from
this prohibition.
(d)Nonconforming lighting.Nonconforming multifamily
structures shall be brought into conformance with this section
by April 30, 1998."
City of Bonita "All light fixtures shall have bulbs that are fully recessed Chapter 10 Art.
Springs within the fixture and may not emit light above horizontal plan III.
(sic)" Div. 3
Sec. 10-102
(d)(1)(a)
4
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Exhibit A — Lighting Standards in Other Communities
Marco Island "(a)Regulation of the intensity and glare of outdoor lighting Chapter 6
shall be as follows: Art.V
(1)No lighting source shall cause more than 1.0 footcandle of Sec. 6-145
illumination to fall on adjoining residential single-family
(RSF)zoned property."
(Additional shielding standards follow this section)
Volusia County No person may install,construct, erect,maintain,or control Sec. 50-480
any outdoor lighting or outdoor lighting fixture on a
residential structure, or on its surrounding premises,which
directly illuminates beyond the adjacent residential structure's
property line,between sunset and sunrise. For the purposes of
this section,adjacent property shall include all property within
360 degrees of the subject property,notwithstanding an
intervening right-of-way.For the purposes of this section,
property line shall be an invisible plane extending vertically at
a 90-degree angle from ground level to a point above the
height of the highest structure on either the subject property or
the adjacent property.
5
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Colter County
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY
PL20180002769 This Board directed amendment places new restrictions on the replacement
and removal of required landscaping trees at commercial shopping centers.
ORIGIN The amendment seeks to maintain mature canopy trees at shopping centers
Board of County and their value to the surrounding neighborhood.
Commissioners
HEARING DATES LDC SECTIONS TO BE AMENDED
BCC TBD 4.06.02 Buffer Requirements
CCPC TBD 4.06.05 General Landscaping Requirements
DSAC TBD
DSAC-LDR 12/18/2018
10/16/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
On January 23,2018,the Board directed staff to draft LDC standards that maintain the ability to change
existing landscaping plans while also ensuring those changes would retain mature canopy trees and
maintain an aesthetically pleasing community appearance.
This amendment makes four modifications to the landscaping requirements for shopping centers to
minimize the impact of mature landscaping being replaced with minimum sized trees:
1. Allows additional spacing in Type D buffers for improved visibility into shopping centers.
2. Prohibits slash pine and bald cypress in new landscaping plans or existing landscaping plans
that are removing trees from the Vehicle Use Area(VUA) or Type D buffer.
3. Limits the large-scale removal or replacement of required trees in the VUA and Type D Buffer
to 50 percent of the required trees within a period of 15 years.
4. Provides an exemption for trees removed through a cultivated tree removal permit,or to replace
diseased or dead trees.
See Exhibit A for additional background,justification, and other considerations.
DSAC-LDR Subcommittee Recommendation:
The DSAC-LDR Subcommittee reviewed the amendment on October 16, 2018, and made the following
comments:
1. The current requirements for shopping centers already require plantings to be larger than typical
development. Creating a new standard that only applies to shopping centers is unnecessary.
2. The provisions related to visibility should be removed as it will not improve visibility for cars
passing by at high speeds. Additionally, cell phones are commonly used for navigation so
creating a different buffer standard only for Type D buffers won't necessarily improve visibility.
1
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Commercial Landscaping 10-24-18.docx
Cotter County
Growth Management Department
Consider focusing on signage instead of limits on plantings. Changing sign standards so they
don't interfere with landscaping would be more beneficial.
3. The slash pine and bald cypress prohibition should clearly state that they can't be used for
proposed landscaping but that it doesn't affect existing trees. Protections for existing slash pine
and bald cypress in parking lots would be preferable.
4. One of the shopping centers that gained attention for its landscaping changes was trying to
address tree roots damaging the parking lot and lighting that was too close to trees. Not allowing
the removal of landscaping forces property owners to be liable for trip and fall hazards when
roots are damaging pavement or prevents them from updating developments that were built to
out-dated standards.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
The amendment will increase costs for shopping Based upon the attached analysis, the proposed
center owners when proposing to replace or LDC amendment may be deemed consistent with
remove more than 50 percent of the required trees the GMP (See Exhibit B).
and may result in unexpected costs when
proposals trigger the limitation. There are no
anticipated fiscal or operational impacts to Collier
County.
EXHIBITS: A)Additional Background and Justification B) GMP Consistency Review
2
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DRAFT Text underlined is new text to be added
Amend the LDC as follows:
1
2 4.06.02 Buffer Requirements
3
4 * * * * * * * * * *
5 C. Types of buffers.Within a required buffer strip, the following types of buffers shall be used
6 based on the matrix in table 2.4. (See Figure 4.06.02.0-1)
7
8 * * * * * * * * * * * * *
9 4. Type D Buffer:A landscape buffer shall be required adjacent to any road right-of-
10 way external to the development project and adjacent to any primary access roads
11 internal to a commercial development. Said landscape buffer shall be consistent
12 with the provisions of the Collier County Streetscape Master Plan, which is
13 incorporated by reference herein. The minimum width of the perimeter landscape
14 buffer shall vary according to the ultimate width of the abutting right-of-way. Where
15 the ultimate width of the right-of-way is zero to 99 feet, the corresponding
16 landscape buffer shall measure at least ten feet in width. Where the ultimate width
17 of the right-of-way is 100 or more feet, the corresponding landscape buffer shall
18 measure at least 15 feet in width. Developments of 15 acres or more and
19 developments within an activity center shall provide a perimeter landscape buffer
20 of at least 20 feet in width regardless of the width of the right-of-way.Activity center
21 right-of-way buffer width requirements shall not be applicable to roadways internal
22 to the development.
23
24 a. Trees shall be spaced no more than 30 feet on center in the landscape
25 buffer abutting a right-of-way or primary access road internal to a
26 commercial development. As an alternative for shopping centers, the
27 following tree spacing may be allowed through a landscaping plan change
28 to provide additional visibility into shopping centers:
29
30 i. Trees may be spaced no more than 60 feet on center, and
31
32 ii. There shall be at least three consecutive trees on both sides of the
33 60-foot spacing. Said trees shall be spaced no more than 30 feet
34 on center with at least a 30-foot crown spread per tree at the time
35 of the alternative spacing approval.
36
37 # # # # # # # # # # # # #
38
39 4.06.05—General Landscaping Requirements
40
41 * * * * * * * * * * * * *
42 D. Plant Material Standards
43 * * * * * * * * * * * * *
44 2. Trees and palms. All required new individual trees, shall be species having an
45 average mature spread or crown of greater than 20 feet in the Collier County area
46 and having trunk(s)which can be maintained in a clean condition over five feet of
47 clear wood. Trees adjacent to walkways, bike paths and rights-of-way shall be
48 maintained in a clean condition over eight feet of clear wood. Trees having an
49 average mature spread or crown less than 20 feet may be substituted by grouping
3
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DRAFT Text underlined is new text to be added
1 the same so as to create the equivalent of 20-foot crown spread. For code-required
2 trees, the trees at the time of installation shall be a minimum of 25 gallon, ten feet
3 in height, have a 13/-inch caliper (at 12 inches above the ground) and a four-foot
4 spread.
5
6 a. A grouping of three palm trees will be the equivalent of one canopy tree.
7 Exceptions will be made for Roystonea spp. and Phoenix spp. (not
8 including roebelenii)which shall count one palm for one canopy tree. Palms
9 may be substituted for up to 30 percent of required canopy trees with the
10 following exceptions. No more than 30%percent of canopy trees may be
11 substituted by palms (or palm equivalent) within the interior of a vehicular
12 use area and within each individual Type D road right-of-way landscape
13 buffer. Palms must have a minimum of 10 feet of clear trunk at planting.
14
15 b. All new trees, including palms, shall be of a species having an average
16 mature height of 15 feet or greater.
17
18 c. As of {Effective date of this Ordinance}, new landscaping plans shall not
19 include slash pine (Pinus elliottii) or bald cypress (Taxodium distichum)
20 within the vehicular use areas or Type D buffers.
21
22 * * * * * * * * * * *
23 O. Tree replacement or removal in shopping centers.
24
25 1. Purpose and intent.This section is intended to apply to the removal or replacement
26 of existing, mature, canopy trees within Type D buffers and vehicular use areas at
27 shopping centers. Extensive changes to mature landscaping have the potential to
28 impact aesthetic appearance, native plant preservation, buffering, and shade.This
29 section is not intended to prohibit other activities related to the development,
30 redevelopment, or maintenance of shopping centers.
31
32 2. Standards for tree replacement or removal within Type D buffers and vehicular use
33 areas at shopping centers.
34
35 a. A maximum of 50 percent of the required trees per 15-year period may be
36 replaced or removed through a landscaping plan change.
37
38 b. Replacement trees within Type D buffers and vehicular use areas at
39 shopping centers shall not include slash pine(Pinus elliottii)or bald cypress
40 (Taxodium distichum).
41
42 c. Replaced or removed trees shall not be located entirely within one
43 contiguous area and shall be evenly dispersed throughout the Type D
44 buffers and vehicular use areas.
45
46 3. Exemption. These standards shall not apply to removal of trees through a
47 cultivated tree removal permit or to replace diseased or dead trees.
48
49 4. Applicants may request a PUD deviation or variance, as applicable,to the limitation
50 on replacement or removal of required trees.
51 # # # # # # # # # # # # #
4
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Exhibit A — Additional Background and Justification
Amendment History
Over several years, residents have petitioned the Board regarding perceived aesthetic impacts on
surrounding residential neighborhoods when mature canopy trees are removed from shopping
centers and replaced with the LDC's minimum tree planting requirements.
On January 23, 2018, Zoning Division staff presented background information to the Board
regarding landscaping changes in shopping centers,and potential LDC changes that could mitigate
the perceived impacts on the surrounding community from the loss of mature canopy trees. The
Board directed staff to draft LDC standards that maintain the ability to change existing landscaping
plans while also ensuring any changes would retain mature canopy trees and maintain an
aesthetically pleasing community appearance.
A previous version of this amendment which proposed a requirement for larger replacement trees
was reviewed by the Development Services Advisory Committee(DSAC) and the Collier County
Planning Commission (CCPC). On June 21, 2018, staff presented price and availability data for
trees with a five to six-inch caliper to the CCPC. In response to the increased costs and limited
availability, the CCPC unanimously recommended not to adopt the proposed amendment, and to
direct staff to review a new LDC amendment to be further refined with the following elements:
1. A limitation on the percentage of trees that may be removed or replaced within a given
period of time.
a. The trees removed should not be clustered in one area but should be spread
throughout the project.
b. The period of time established should be based on the expected life and canopy
growth rates of removed and replaced tree species.
2. A limitation on the use of Slash pine and Bald Cypress trees within the Type D buffer for:
a. New landscaping plans, and
b. Existing landscaping plans when replacing or removing required trees from the
Type D buffer or VUA.
3. An allowance for additional spacing between buffer trees in certain instances to allow for
improved visibility into shopping centers.
Existing Standards
For many types of development, when trees are replaced in the VUAs or Type D buffers, the
replacement trees are required to meet the same minimum standards for landscaping material
required for new developments. The minimum tree height, caliper, and canopy spread required at
the time of installation are:
• Height: 10 feet,
• Caliper: 1 3/4 inches, and
• Canopy spread: four feet.
However, when trees are replaced in the VUAs or Type D buffers at shopping centers, the
replacement trees are required to meet the minimum standards in LDC section 4.06.03 B.9:
• Height: 14 to 16 feet,
5
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Exhibit A — Additional Background and Justification
• Caliper: three to four inches,
• Canopy spread: six to eight feet, and
• Clear trunk height: six feet high.
These larger trees are only required at shopping centers,which are defined in LDC Section 1.08.02:
"A group of unified commercial establishments built on a site which is planned,
developed, owned or managed as an operating unit and related in its location, size,
and type of shops to the trade area that the unit serves. It consists of eight or more
retail business or service establishments containing a minimum total of 20,000
square feet offloor area. No more than 20 percent of a shopping center's floor area
can be composed of restaurants without providing additional parking for the area
over 20 percent. A marina, hotel, or motel with accessory retail shops is not
considered a shopping center. "
Additionally,trees within Type D buffers are required to be spaced no more than 30 feet on center.
This amendment does not propose any changes to the minimum height, caliper, canopy spread, or
clear trunk height of trees planted at shopping centers.
Proposed Standards
The proposed standards are intended to balance the value of mature canopy trees to the surrounding
neighborhoods and property owners with the need to redesign and update the appearance of
shopping centers.The standards are intended to allow for regular updates to shopping centers while
maintaining existing mature trees.
Proposed Changes to LDC Section 4.06.05 C.4.a.is
Changes to this section establish new tree spacing standards within Type D buffers to provide
better visibility to shopping center buildings and wall signage. This new standard would allow
increased tree spacing from 30 feet on-center to 60 feet on-center when at least three trees on both
sides of the 60 feet on-center spacing have a minimum of a 30-foot crown spread per tree. This
arrangement is depicted in Figure 1.
Figure 1: Illustration of proposed visibility spacing within Type D buffers.
Visibility spacing areas planted 60 feet on center
000 000 000 000
Both sides of each visibility spacing area must include three trees with
30-foot canopy spread at time of approval of the alternative spacing
6
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Exhibit A — Additional Background and Justification
Proposed Changes to LDC Section 4.06.02 D.2.c:
Changes to this section prohibit slash pine and bald cypress trees within the VUA and Type D
buffer area in new landscape plans because they do not provide adequate canopy or flourish in
irrigated areas of a site. The inadequate canopy and visual buffer are shown in Figures 2 and 3.
Figure 2: Bald cypress trees do not provide adequate canopy when leaves fall.
t ;
'
.....44
i (
a
-- y
.d .
Figure 3: Slash pine trees do not provide an adequate visual buffer.
f '
,4;:i*:. , 4:4—Cg''"'.4:it-,':A::'c-- ,.jt-'.-'; ,.., ..,_:.":?,.:17-.L---... b 44":-_-7.-- .0:
1
. _ ..,-p, �..
7
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4.06.05 Commercial Landscaping 10-24-18.docx
Exhibit A — Additional Background and Justification
Proposed New LDC Section 4.06.05 O.:
This new section limits the large-scale removal or replacement of mature canopy trees through a
restriction on removing or replacing more than 50 percent of required trees within the VUA or
Type D buffer within each 15-year period. For example, Figure 1 demonstrates one potential
distribution of replaced or removed trees throughout the site. The limitation is based on public
input during the amendment vetting process and a review of tree growth rates described in the Tree
Growth Analysis section below.
Figure 1. Example Distribution of Replaced or Removed Trees Throughout the Site
•MnrYs ir i I.q`, 'i►�r--_'-)rutaur" -.w ,- ....orn S--- - _<cYr,' ,r..
�►. wiirri! ��;ri -5REL0GTEn
iV 0TrNr la
) 1 V- �(g I ( �1r WASLICITON PALM
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u.
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, __� — :� g .....
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1
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r ` �
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1 �7 5912' . :4 rY - -._ k..L 4 i,„:-A_ Y L-..P; , -L , ."i ---'-�
1
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1
:
z 4840 ,. • . . L1 � 1
II,i- j 1< 1r I I BUILDING G J J. 4 v
11
til __ill—I I' 9I,J5. PI' (o 1 1E'""gR. 'Sa'' y - }1
This section also prohibits the use of slash pine or bald cypress trees as replacement trees within
VUAs or Type D buffers and requires removal and replacement of trees to be evenly dispersed
throughout the VUA and Type D buffers.
Additionally, an exemption is provided for the trees removed through a cultivated tree removal
permit, or to replace diseased or dead trees.
Since the applicability of the proposed standards is limited to VUAs and Type D buffers, this
section would not apply to building foundation plantings or any other required landscaping.
Implementation
The proposed changes will be implemented through the existing Landscaping Plan review process.
Landscaping plans for commercial shopping centers are approved through a Site Development
Plan(SDP) and changes to an SDP (SDPA or SDPI).
8
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Exhibit A — Additional Background and Justification
SDPs are administratively approved by the Growth Management Department and do not require
public notice or a public hearing.
Proposals to replace or remove trees within the Vehicle Use Area(VUA) or Type D buffer would
require the landscaping plan to include a calculation of the percentage of required trees proposed
to be removed or replaced.
The determination whether trees may be removed or replaced through a landscaping plan change
will function similar to the cultivated tree removal permit review. When a landscape plan change
is submitted, landscape plan review staff will review the percentage of trees removed or replaced
within the past 15 years. The landscaping plan change would only be approved if all landscaping
plan changes within the past 15 years do not exceed 50 percent of required trees.
Shopping centers may request relief from the 50 percent limitation through the PUD Deviation or
Variance processes, as applicable. Both processes provide for public notice and public hearings.
Tree Growth Analysis
On June 21,2018,the CCPC recommended that the limitations in the proposed amendment should
be based on growth rates of canopy trees. To satisfy this request, staff consulted the Native Trees
for South Florida' published by the University of Florida's Institute of Food and Agricultural
Sciences(IFAS),which includes growth rate information for a variety of tree species. Growth rates
are reproduced in the following table for those species that currently qualify as canopy trees in
Collier County.
Table 1. Tree Growth Rates from UF IFAS Extension
Common Name Natural Growth Growth per
Height(ft) Rate year(ft)
Red maple 35-50 Fast >2
Gumbo limbo,tourist tree 40- 60 Medium 1 to 2
Fiddlewood 25 -30 Slow <1
Sea grape 15 - 30 Medium 1 to 2
Willow-leaved bustic 30 - 50 Medium 1 to 2
Wild tamarind 40 - 50 Fast >2
Sweetbay 40 - 60 Medium 1 to 2
False mastic 45 -70 Slow <1
South Florida slash 80 - 100 Fast >2
Jamaican dogwood, fish-poison tree 35 - 50 Fast >2
Sycamore 70 - 110 Fast >2
West Indian cherry 15 -40 Medium 1 to 2
Laurel oak 60 - 100 Fast >2
Live oak 50 - 80 Medium 1 to 2
Royal palm 60 - 125 Medium 1 to 2
1 Meerow,A.W., Broschat,T.K,and Donselman, H.M. (2017). Native Trees for South Florida. University of Florida
IFAS Extension. Document EES-57.
9
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Exhibit A — Additional Background and Justification
Soapberry 35 -45 Medium 1 to 2
Paradise tree 35 - 50 Slow <1
Mahogany 35 - 60 Fast >2
Bald cypress 60 - 100 Medium 1 to 2
Wild lime 20 -30 Medium 1 to 2
It is important to note that growth rates may be influenced by a variety of factors such as soil,
drainage, water, fertility, light, exposure. These conditions may vary from site to site and year to
year.
The IFAS growth rates were used to determine the potential time required for newly planted trees
to grow from the code minimum canopy spread of 6 to 8 feet,to the code "mature"canopy spread
of 20 feet. For the purposes of this amendment, growth rates of tree height were assumed to be the
same as growth rates of canopy spread. Using this methodology, the canopy trees listed above
require a minimum of 6 and a maximum of 14 years to reach a "mature" canopy spread. Given
that trees in parking lots may not represent ideal growing conditions, this amendment establishes
a limitation of 15 years before additional trees can be removed or replaced to ensure adequate time
for canopy growth.
10
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Exhibit B —GMP Consistency Analysis
C • mer County
Growth Management Department
Zoning Division
Memorandum
To: Jeremy Frantz,AICP, Manager, Land Development Code Section
From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section
Date: September 14, 2018
Subject: Growth Management Plan(GMP) Consistency Review
PETITION NUMBER: LDCA-PL20180002769 REV:1
PETITION NAME: LDC Sec. 4.06.02 &4.06.05, Commercial Landscaping
REQUEST: Amend LDC Sections 4.06.02 &4.06.05, Commercial Landscaping, by making three
modifications to the landscaping requirements for shopping centers to minimize the impact of mature
landscaping being replaced with minimum sized trees:
1. Allows additional spacing in Type D buffers for improved visibility into shopping centers.
2. Prohibits slash pine and bald cypress in new landscaping plans or existing landscaping plans that are
removing trees from the Vehicle Use Area(VUA) or Type D buffer.
3. Limits the large-scale removal or replacement of required trees in the VUA and Type D Buffer to 50
percent of the required trees within a period of 15 years.
4. Provides an exemption for trees removed through a cultivated tree removal permit, or to replace
diseased or dead trees.
COMPREHENSIVE PLANNING COMMENTS: In the limited areas where the Growth Management
Plan's (GMP) land use elements (Future Land Use Element, Golden Gate Area Master Plan, Immokalee
Area Master Plan) address landscaping, there is no specificity provided that would conflict with the
proposed Land Development Code (LDC) amendment. In the Conservation and Coastal Management
Element(CCME), Policy 6.1.7 states, in relevant part: "The County shall require native vegetation to be
incorporated into landscape designs in order to promote the preservation of native plant communities and
to encourage water conservation. This shall be accomplished by: (1) Providing incentives for
retaining existing native vegetation in landscaped areas; (2)Establishing minimum native vegetation
requirements for new landscaping." The proposed changes in this LDC amendment are not in conflict
with this policy.
CONCLUSION:
Based upon the above analysis, the proposed LDC amendment may be deemed consistent with the
GMP.
IN CITYVIEW
cc: Michael Bosi,AICP,Zoning Director
LDCA-PL20180002769 Sec.4.06.02&4.06.05 Coml Landscaping R1 G:ICDES Planning Services\Consistency Reviews\20181LDCA dw/9-14-18
11
Cotter County
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20180003486 This amendment introduces a new section to address the placement and
ORIGIN location of residential permanent emergency generators for single-family
Board of County and two-family dwelling units. The amendment establishes locational
Commissioners criteria to property lines, another generator, ancillary fuel tanks, window
openings to a dwelling, and when necessary the installation of carbon
HEARING DATES monoxide detectors.
BCC -TBD
CCPC - TBD LDC SECTIONS TO BE AMENDED
DSAC - TBD 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
DSAC-LDR- 12/18/18 5.03.07 Permanent Emergency Generators (New Section)
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
After Hurricane Irma, all of the County's 270,000 customers served by Florida Power and Light had
power outages. There has been a significant increase of County residents installing various residential
permanent emergency generators as a means of resiliency against power outage events. Many building
permit applications have been rejected due to setback requirements, missing a letter from an entity to
allow placement within a maintenance easement, lacking a detailed location plan, or insufficient
information. The majority of permits issued have been for 20 and 22 kilowatt generators which represent
77.2% of the total permits and 89.5% are 30 kilowatts or less. (See Exhibit A).
On June 26, 2018, the Board directed staff to proceed with an amendment to increase flexibility for the
placement of emergency generators on residential parcels or lots. Staff reviewed common
manufacturers'recommended minimum surrounding clearances from walls,fences and landscaping(See
Exhibit B), standards in other communities(See Exhibit C),and other guidelines. Staff also worked with
industry professionals to better understand common constraints and potential safety issues.
The amendment provides additional flexibility for generator placement by establishing minimum
setbacks from property lines that vary depending on the required yard sizes. These setbacks are based
on the majority of generators being placed within three to four feet from the exterior house's wall,
provided the wall is one-hour fire rated resistant. Four out of five common manufacturer's installation
guidelines would be able to meet placement within four feet of the house wall (see Exhibit B- yellow
highlight).
The amendment also addresses potential health, safety and welfare associated with adding permanent
generators in clost proximity to homes by requiring minimum distances between generators and
mechancial air intake equipment, compliance with manufacturer's specifications, concurrent review of
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Cotter County
Growth Management Department
applicable building permits and providing design standards consistent with the Florida's building,
mechanical, electrical, plumbing, fuel and gas codes.
A scaled illustration of the proposed 10 feet separation standard between generators is shown in Exhibit
D along with photos of installed generators taken from West Coast Generators's website. Additionally,
the Exhibit dentifies two generator permits that have been rejected,one in a side yard setback of 6.0' and
the other 7.5'. To meet manufacturer's locational specifications and current LDC code requirement,
these generators exceeded the current standard by 11 inches and 8 inches.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
TBD To be provided by comprehensive planning staff
EXHIBITS: A) Permanent Generator Permits Issued or Rejected ; B) Manufacturer's Surrounding
Clearances; C) Other Florida Communities Research
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DRAFT Text underlined is new text to be added
Amend the LDC as follows:
1 4.02.01 -Dimensional Standards for Principal Uses in Base Zoning Districts
2
3
4
5 D. Exemptions and exclusions from design standards.
6
7
8
9 13. Permanent emergency generators may be placed within the rear yard with a 10-
10 foot rear yard setback. Permanent emergency generators may encroach into side
11 yards up to 36 inches. Generators are not permitted to encroach into required front
12 yards. For single-family and two-family dwelling units, see LDC section 5.03.07 for
13 exceptions and requirements. Above-ground fuel tanks for the generators are
14 subject to the same setbacks; however, underground tanks are not subject to
15 setback requirements. In order to reduce noise during required routine exercising
16 of the generators, this exercising is restricted to operating the generator for no
17 more than 30 minutes weekly during the hours of 9:00 a.m. to 5:00 p.m. and shall
18 not exceed sound level limits for Manufacturing and Industrial uses as set forth in
19 Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency
20 generators must be equipped with sound attenuating housing to reduce noise.
21
22 # # # # # # # # # # # # #
23
24 5.03.07— Permanent Emergency Generators
25
26 A. Purpose and Intent. It is the purpose of this section to protect the public health and safety
27 of homeowners from the risks associated with combustible engines and the entry of
28 carbon monoxide gas to a dwelling unit. It is the intent to improve the resiliency of
29 homeowners who seek shelter at home during periods of electrical power outages.
30
31 B. Applicability. Permanent emergency generators for single family and two-family dwellings
32 shall be permitted as an accessory use and located in accordance with LDC section
33 5.03.07 Table 1.
34
35 C. Standards and Requirements.
36
37 1. Permanent emergency generators shall adhere to all generator manufacturer's
38 locational specifications and applicable federal, state, and local code
39 requirements. The manufacturer's locational specifications shall be concurrently
40 reviewed with the applicable electrical, structural, mechanical, gas piping, and
41 storage tank permits.
42
43 2. Submittals. At a minimum, the applicant's site plan shall indicate the location and
44 dimension of the proposed generator, generator exhaust direction and permanent
45 fuel tank(s) in proximity to the dwelling unit and lot line. The site plan shall be
46 provided with the building permit application.
47
48 3. Location and Distances. Permanent emergency generators for single- and two-
49 family dwelling units may be located in the required front, side and rear yard
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DRAFT Text underlined is new text to be added
1 setback in accordance with the following Table 1. All distance setback and
2 separation requirements shall be measured from the most restrictive of the
3 generator's enclosure or exhaust outlet and adhere to the following:
4
5 a. When located underneath the dwelling unit, the exhaust outlet shall be
6 vented outside of the dwelling unit above the roof line.
7
8 b. Diesel or gasoline powered generators shall be setback a minimum of 15
9 feet from any lot line.
10
11 c. Generators may be allowed in the front yard, at a distance no greater than
12 six feet from the dwelling unit in zoning districts with 35 feet front yard
13 setback or greater.
14
15 d. Generators elevated 30 inches above the general ground level of the
16 graded lot, including the supporting structure, shall be calculated the same
17 as the principal structure for the zoning district.
18
19 TABLE 1 Distance Setback and Se•aration Standards
Side Yard Setbacks(feet)Are Lots
With 5' Greater Greater With
or less than 5' than 7.5' 20' or
and up to and less greater
7.5' than 20'
Distance to Side Yard Lot Line 1 2 4 10
Distance Waterfront or None
to Rear Yard Preserve
Lot Line Non-Waterfront 5 10
Setback to Road Right-Of-Way 2
Separation Between Mechanical Air
Intake Equipment or Other 10
Generators
Distance from Windows, Soffit Vent,
Eaves, Other Mechanical Air Intake 5
To the Dwelling Shrubs and Trees
Distance from Gas and Electrical 3
Meters
20
21 4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the
22 generator's exhaust outlet,at least one carbon monoxide detector shall be installed
23 inside the structure near the exterior wall openings and on each floor level.
24
25 # # # # # # # # # # # # #
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Exhibit A — Permanent Generator Permits Issued or Rejected
Generator 2017 Yr. 2018 Total 2017 Total 2018 Total Total %of all
thru July 5
KW Size Ending Permits thru KW 30 thru KW 30 Combined permits
7.5 1 0 1
8 1 0 1
11 1 0 1
12 1 3 4
14 0 1 1
15 1 0 1
16 3 5 8
19.5 1 0 1
20 62 119 181 34.6
22 88 135 223 42.6
23 0 0 0
24 4 5 9
25 1 4 5
27 7 5 12
30 8 12 20 179 289 468 89.5
32 3 5 8
36 1 2 3
38 5 9 14
40 0 4 4
45 2 0 2
48 9 8 17
60 2 3 5
80 1 0 1
100 0 1 1
Totals 202 321 523
Missing size information, rejected
or lacking other information 78
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Exhibit B — Manufacturers' Surrounding Clearances
Briggs/Stratton Champion Kohler Kohler Generac Generac Generac Cummins
Generator Manufacturer 17/20-25 14 Res14/20 RCL24 16/20/22 22/25/30 22/27 RS22
14 to 30 KW Air-Liquid Air Air Liquid Air Liquid Spark Air
Cooled Cooled Cooled Cooled Cooled Cooled Ignited Cooled
Dimension Width 34"-30" 30.1" 26.2" 32.9" 25.5" 30.6" 29" 34"
Exhaust 5' 5' 4' 8' 5'
Outlet
Overhead 5' 5' 5'
Clearances Shrubs 5' 4'
SWRI-Rated 18"
1 Hour-Fire 18" 17.7" 3' 18"
Rated
Non-Rated 5'
Total Clearance and Width(Inches)
SWRI-Rated 52-48 44.2 50.9 43.5 48.6 47 52 I
Encroachment Fire Rated 52-48 47.8 62.2 68.9 61.5 66.6 65 70
Non-Rated 94-90 90.1 86.2 92.9 85.5 90.6 89 94
Exhibit Based on Generac's Site Selection Installation Guidelines
House Wall
1z IT
18"Clearance 1
5'Clearance to Window or opening 5'Clearance to Door opening
"c-
a,
E
r
'a
C
0
',
c
"a
tc
ai
v
0
tn
K:
v
aaetConcrete Pad Thickness: 4"minimum
•
'11°
/ I
6
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Exhibit C — Other Florida Communities Research
Setbacks
Community Zoning Districts Side Rear Distance to Property Line(PL)
County
Brevardl All Residential 4'into required side and rear yard.
Residential Urban 3' 5'
Miami-Dade2 Residential Estates 5' 5'
Not Addressed(N/A)
Orange3 All Residential 10' 5'or rear%of lot or parcel
Palm Beach' Single-Family 3' 5'
Zero lot line 5'
All districts except Exempt from setback requirements when
Sarasota Siesta Key Overlay located at above ground level or elevated No closer than 3'
District(SKOD) due to FEMA elevation requirements.
SKOD Same as side yard setback.
City
Boca Raton Anywhere within side or rear yard.
All Residential 3'plus 1 foot for every 1 foot above height
Boynton Beach.' Districts of 6 feet but not greater than the N/A
minimum principal structure setback.
Key Biscayne6 Single-Family and 5'
Two-Family
Lighthouse Point' 5' Not allowed. 5'
Naples Same as principal structure(SPS).
North Miami8 5' 5'or 15'from rear street N/A
PL.
Ocean Ridge SPS 5'
Marco Island 4'into required side or rear yard. N/A
Miami Springs All Residential Anywhere within side or rear yard.
Town of Palm Districts 5' 5' 5'
Beach
Palmetto Bay9 5' 5' N/A
Plantation10 2.5'from side or rear property line and 7.5'from sidewalk,bikeway,or street
right-of-way lines.
Redington Beach Anywhere within side or rear yard. N/A
Sanibel Anywhere within side or rear yard. 10'
South Miami 12.5' 12.5' 12.5'
Footnotes and Additional Criteria:
1-Encroachment is not subject to separation distances between structures.
2-10'setback from street property line.
3-15'setback from side street.
4-Encroachment is limited to 10%of setback requirement and generators less than 4'in height.
5-Not allowed in front yard or corner side yard unless approved by administrative adjustment and no other on-site
location is feasible or there is a finding the location and use or design of the abutting property would not have
negative impact.
6-None in a yard facing any street.Propane gas tanks—5 feet to side property line,limited to 500 gallons above ground and
1,000 gallons underground.
7-If not 5 feet from property line,then generator must be placed lengthwise and 1 foot from building.
8-15'from rear street property line.
9-10'from rear street.
10-Generators above 5.5'height must comply with same setback as principal structure.
7
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Exhibit D — Illustrations
GENERAC 22 AND 27KW
SEPARATION BETWEEN GENERATORS
NO ZERO LOT LINE-5 FEET SIDEYARD SETBACKS
BUILDING 2 EXTERIOR WALL(1HR FIRE RATED)
i
18"MIN.
62"TYP.
5'-0"TYP. 29"TY, GENERATOR 2
L i
1'-0"MAX.
— — — — — — — — — COMMON R— — — — — —
1-0"MAX.
t
5-0"TYP.
GENERATOR 1 10'-0"MIN. y
i
18"MIN.
a a - .t. .. •. . . • a
BUILDING 1 EXTERIOR WALL(1HR FIRE RATED)
0 1' 2
lolnialat
Scala:1/41"1-0'
L
i . 1101
d 0
i'
s
. ' #. A • 1
401115
Kohler 38 RCL
I Photos: Courtesy of Westcoast
Kohler 24 RCL
Generators Website
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Kohler 20 RESA
GE 45kw
L:\
Emergency Generators 12-10-18.docx
Exhibit D — Illustrations
PLAT OF SURVEY CERTIFIED CORRECT TO :
Motthew H. Nolton and Roeanr: Nolton
DESCRIPTION (FURNISHED BY CLIENT)
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as recorded in Condominium Book 14, Page 27, Public Records of Collier County, Florida.
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10
L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\12-18-2018\Item 7.a(Emergency Generators)\Residential Permanent
Emergency Generators 12-10-18.docx
Co ie-r County
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20180003473 This Land Development Code amendment (LDCA) represents the
implementation of the Board's direction to study the proliferation of self-
ORIGIN storage facilities on U.S. 41, between the intersection of Palm
Board of County Street/Commercial Drive and Price Street/Triangle Boulevard.
Commissioners (Board)
HEARING DATES LDC SECTIONS TO BE AMENDED
Board TBD 1.08.02 Definitions
CCPC TBD 2.03.03 Commercial Zoning Districts
DSAC TBD 5.05.16 Self-Storage Facilities (New Section)
DSAC-LDR TBD 10.03.06 Public Notice and Required Hearings for Land Use Petitions
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND: A segment of the U.S. 41 corridor, generally located between the intersection of
Airport-Pulling Road and Collier Boulevard, has been under much scrutiny in recent years. In April of
2010,the East Naples Foundation completed Vision for the East Trail("Vision"),which was a privately-
initiated planning effort that resulted in the completion of a strategic plan for an approximately 14-mile
stretch of the U.S. 41 corridor(see Exhibit A).
On December 13, 2016, the Board expressed a concern over certain uses (e.g., self-storage facilities)
from proliferating on U.S. 41 in this area of the U.S. 41 corridor(see Exhibit B). The Board considered
adopting a one-year moratorium for all new applications, including self-storage facilities, from
developing on the commercial properties along U.S. 41, from the Palm Street/Commercial Drive
intersection to the Price Street intersection. However, rather than adopting a moratorium, the Board
instead directed staff on February 14, 2017 to begin the process of developing a corridor study with the
goal of obtaining community input and creating incentives for the desired development types.
In April of 2018,Johnson Engineering,Inc. completed the U.S. 41 Corridor Study-Summary of Findings
and Recommendations to the Board("Corridor Study") on behalf of the County (see Exhibit C). The
length of U.S. 41 that was studied was 6.8 miles, which is shorter than the geographic area used in
Vision. With respect to this geographic area,the intersection of U.S.41 and Palm Street was the western
extent in the Corridor Study, whereas in Vision, it was longer—the intersection of U.S. 41 and Airport-
Pulling Road. The Corridor Study's eastern extent was the intersection of U.S. 41 and Price Street.
Vision extended farther (to County Road 92). The public input portion of the Corridor Study included
three stakeholder outreach meetings and four public input meetings. When reviewing image preference
surveys, 67 percent of the public outreach meetings attendees did not support self-storage facilities. As
such, one of the recommendations of the Corridor Study was aimed at further regulating this use (see
pages 23-24 of Exhibit C). The Corridor Study was presented to and accepted by the Board on April 24,
2018 (see Exhibit D). One recommendation suggested having a minimum distance separation between
new self-storage facilities. For this LDCA and in keeping with the Corridor Study, the proposed
language requires a separation of 1,320 feet between new and existing self-storage facilities. A distance
1
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\12-18-2018\Item 7.b(Self-Storage Separation Req)\12-11-2018.docx
Colter County
Growth Management Department
waiver may be approved if an adequate supply of neighborhood goods and services are available within
a quarter-mile radius of a new facility. A quarter-mile radius is equal to a half-mile diameter—the same
width of the study area in Vision, which was chosen, in part, to "evaluate walkability in the form of
pedestrian sheds." The waiver may also be approved for a self-storage facility if at least 25 percent of
its gross floor area is dedicated to a different principal use that is permitted in the C-1 or C-2 zoning
district. Staff utilized the International Council of Shopping Centers (ICSC)as a guide to determine the
appropriate types of principal uses and related intensities that most closely aligns with the desired
businesses. One ICSC category, neighborhood center, includes convenience shopping for day-to-day
needs with intensities that are less than 125,000 square feet, which generally translates to any permitted
use in the C-1 or C-2 zoning district. Both the Urban Land Institute (ULI) and ICSC are recognized
resources that staff uses when evaluating market studies in connection with GMP amendments (to
commercial). Petitioners submit a commercial needs analysis, and part of staff's evaluation is to
compare the market studies with the ULI and ICSC. Both these resources utilize 30,000 square feet as
the low threshold for what constitutes a neighborhood shopping center. Staff construes neighborhood
shopping centers as a logical place for C-1 through C-3 uses. The geographic area subject to this LDCA
does not include the properties located within the Bayshore Gateway Triangle Community
Redevelopment Area and this LDCA is only applicable where self-storage facilities are currently
allowed as a permitted use—the C-5 zoning district.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
Staff anticipates additional fiscal and operational To be provided by Comprehensive Planning Staff
impacts to petitioners requesting a waiver from the subsequent to first review.
minimum distance requirement.
EXHIBITS: A –Vision for the East Trail Corridor; B –Collier County Self Storage Facility Map (as
of June 11, 2018); C–U.S. 41 Corridor Study; and Exhibit D–Executive Summary and BCC Minutes
(04-24-2018)
2
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DRAFTText underlined is new text to be added
Amend the LDC as follows:
1
2 # # # # # # # # # # # # #
3
4 1.08.02 Definitions
5
6 * * * * * * * * * * * * *
7
8 Self-storage buildings (applicable to Section 5.05.08 and 5.05.16 only): Buildings where
9 customers lease space to store and retrieve their goods; see NAICS 531130.
10
11 # # # # # # # # # # # # #
12
13 2.03.03—Commercial Districts
14
15 * * * * * * * * * * * * *
16
17 E. Heavy Commercial District(C-5). In addition to the uses provided in the C-4 zoning district,
18 the heavy commercial district(C-5)allows a range of more intensive commercial uses and
19 services which are generally those uses that tend to utilize outdoor space in the conduct
20 of the business. The C-5 district permits heavy commercial services such as full-service
21 automotive repair, and establishments primarily engaged in construction and specialized
22 trade activities such as contractor offices, plumbing, heating and air conditioning services,
23 and similar uses that typically have a need to store construction associated equipment
24 and supplies within an enclosed structure or have showrooms displaying the building
25 material for which they specialize. Outdoor storage yards are permitted with the
26 requirement that such yards are completely enclosed or opaquely screened. The C-5
27 district is permitted in accordance with the locational criteria for uses and the goals,
28 objectives, and policies as identified in the future land use element of the Collier County
29 GMP.
30
31 1. The following uses, as identified with a number from the Standard Industrial
32 Classification Manual (1987), or as otherwise provided for within this
33 section are permissible by right, or as accessory or conditional uses within
34 the heavy commercial district (C-5).
35
36 a. Permitted uses.
37
38 * * * * * * * * * * * * *
39
40 111. Motor freight transportation and warehousing (4225, mini-
41 and self-storage warehousing only), subject to section
42 5.05.16 for minimum separation requirements between
43 buildings).
44
45 # # # # # # # # # # # # #
46
3
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1
2 5.05.16—Separation of Self-Storage Facilities
3
4 A. Purpose and Intent. The purpose of this section is to discourage the proliferation
5 of self-storage buildings along the segment of U.S. 41 defined in section B. The
6 intent is to encourage a broad mix of principal uses that will provide goods and
7 services at the neighborhood level to the residents living adjacent to the defined
8 area.
9
10 B. Applicability. This section shall apply to all new self-storage buildings proposed
11 on real property zoned C-5 and located adjacent to U.S. 41, between the east side
12 of the intersection of U.S. 41 and Airport-Pulling Road to the west side of the
13 intersection of U.S. 41 and Price Street/Triangle Boulevard. All outparcels within
14 shopping centers that are adjacent to U.S. 41 within this area shall be included. A
15 self-storage building is considered existing when it has been constructed or an
16 SDP has been approved.
17
18 C. Minimum Separation. A new self-storage building shall be located no closer than
19 a quarter-mile (1,320 feet) to an existing self-storage building, as measured from
20 property line to property line, unless a waiver to the separation requirement is
21 granted in conformance with subsection D. below.
22
23 D. Waiver of Separation Requirements.
24
25 1. The Office of the Hearing Examiner(or whomever is appointed by the BCC)
26 may grant a waiver of part or all of the minimum separation requirements
27 set forth herein if it can be demonstrated there is sufficient opportunity for
28 accessing other existing or future principal uses that are permitted in the
29 C-1 or C-2 zoning districts within a quarter-mile (1,320-foot) radius of the
30 proposed self-storage building, or if a minimum of 25 percent of the floor
31 area of the proposed self-storage building is dedicated to a different
32 principal use or uses that is/are permitted in the C-1 or C-2 zoning districts.
33 For purposes of this section, the term "future principal uses" shall mean
34 currently vacant or partially-developed land that can be developed with C-
35 1 or C-2 uses at a time in the future.
36
37 2. The Administrative Code shall establish the submittal requirements for a
38 self-storage building distance waiver request.
39
40 3. Additional conditions and considerations. The BCC or their appointee shall
41 have the right to impose additional conditions or requirements to its
42 approval of a distance waiver to ensure that the self-storage building will
43 be compatible with the surrounding areas and will not have a deleterious
44 effect on the current supply or future availability of neighborhood
45 commercial goods and services within the subject area.
46
47 # # # # # # # # # # # # #
4
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2 10.03.06— Public Notice and Required Hearings for Land Use Petitions
3
4 * * * * * * * * * * * *
5
6 R. Separation of Self-Storage Facilities, pursuant to LDC section 5.05.16 and Site
7 Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F.
8
9 1. The following advertised public hearings are required:
10
11 a. One Planning Commission or Hearing Examiner hearing.
12
13 b. If heard by the Planning Commission, one BZA hearing.
14
15 2. The following notice procedures are required:
16
17 a. Newspaper Advertisement prior to the advertised public hearing in
18 accordance with F.S. § 125.66.
19
20 b. Mailed Notice prior to the advertised public hearing.
21
22 # # # # # # # # # # # # #
5
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 6 I Waivers, Exemptions, and Reductions
L. Self-Storage Facility Separation Waiver
Reference LDC subsection 5.05.16, LDC section 8.10.00,and LDC Public Notice subsection
10.03.06 R.
Applicability This establishes a process to waive part or all of the minimum separation
requirements for self-storage facility sites from other self-storage facility sites located
within the area as prescribed by LDC subsection 5.05.16 B.
Pre-Application A pre-application meeting is required.
Initiation The applicant files a"Petition for Waiver from Separation Requirements for Self-
Storage
elfStorage Facilities"with the Planning&Zoning Department.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Property information,including:
• Legal description;
• Property identification number;
• Section,township and range;
• Subdivision,unit,lot and block,or metes and bounds description;and
• Address of subject site.
3. Zoning information,including:
• Current zoning of subject property;and
• Zoning and land use of all properties within the quarter-mile radius.
4. The extent of the waiver being requested (in linear feet) from the required
separation.
5. A narrative that describes how the application demonstrates that there is
sufficient opportunity for accessing other existing or future principal uses that are
permitted in the C-1 or C-2 zoning districts within a quarter-mile (1,320-foot)
radius of the proposed self-storage building,or if a minimum of 25 percent of the
floor area of the proposed self-storage building is dedicated to a different
principal use or uses that is/are permitted in the C-1 or C-2 zoning districts.
6. A site plan (measuring no larger than 24 in.x 36 in.)along with a conceptual site
plan measuring 8'/2 in.x 11 in.,that indicates the following:
• The dimensions of the subject property;
• All vehicular points of ingress and egress and their relationship to the
parking area and site circulation;
• Demonstration of compliance with all requirements of the LDC
including the location of the structures on site,landscaping,off-street
parking,site circulation,architectural design guidelines,and signage;
• The location of all proposed buffer areas and their dimensions;and
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 6 I Waivers, Exemptions, and Reductions
• The layout of road(s)on which the proposed station fronts or to which
access is provided, including the type of road(s), the number of lanes,
and the location of intersections and turn lanes, median locations and
median widths,for a 1,320-foot distance from the subject parcel.
7. Environmental Data Requirements. pSee LDC subsection 3.08.00 A.
8. An Aerial photographs(taken within the previous 12 months at a minimum scale
of 1 in.=200 ft.),showing FLUFCS Codes,legend,and project boundary.
9. Addressing checklist.
10. Pre-application meeting notes.
11. Warranty Deed.
12. Owner/agent affidavit as to the correctness of the application.
13. Electronic copy of all documents.
Completeness and The Planning & Zoning Department will review the application for completeness.
Processing of After submission of the completed application packet accompanied with the required
Application 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., XXX-PL20120000000) assigned to the
petition.This petition tracking number should be noted on all future correspondence
regarding the petition.
Notice Notification requirements are as follows. p 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 the advertised Hearing Examiner hearing in a newspaper of
general circulation.The advertisement shall include at a minimum:
• Date,time,and location of the hearing;and
• Description of the proposed land uses.
Public Hearing 1. The Hearing Examiner shall hold at least one advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning&Zoning Department will review the application and identify whether
additional materials are needed.Staff will prepare Staff Report,utilizing the criteria
established in LDC section 5.05.16,to present to the Office of the Hearing Examiner
for a decision.
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Item 6.c Petition # - PL20180003473
Separation Requirements for Storage Facilities on U.S. 41
Exhibit A—Vision for the East Trail Corridor
Exhibit B— Collier County Self Storage Facility Map (as of June 11, 2018)
Exhibit C— U.S. 41 Corridor Study
Exhibit D— Executive Summary and BCC Minutes (04-24-2018)
To access the above documents, please clink the below link:
http://cvportal.colliergov.net/CityViewWeb/Planning/Status?planningld=27652
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DIRECTIONS TO ACCESS PETITION DOCUMENTS
Separation Requirements for Self-Storage Facilities on U.S.41 (PL20180003473) as an example
1. Access CityView Portal here: http://cvportal.colliergov.net/cityviewweb
2. Under Planning Department,click on "Status and Fees"
GMD Public Portal
Sian In/Reaister Portal Home Property Search portal Help
The County's new web portal is now online. Through this portal you can submit applications/revisions, submit corrections, pay
fees, monitor statuses, and schedule meetings or inspections for Building and/or Planning applications- all from the comfort of
your home or office.
REMINDER:YOU MUST BE LOGGED IN USING YOUR COLLIER COUNTY PORTAL REGISTERED USER ACCOUNT TO VIEW BUIDING
PERMIT AND PLANNING REVIEW COMMENTS.
The CityView Portal is the first step in the County's plan to improve its service offerings for citizens. Watch for more updates, or
contact us with suggestions as we are always trying to improve!
Code Enforcement Building Department
jai; Submit a New Complaint a
,„ �,_, Submit a Building Application
Status and Fees j` 1f Request a Meeting
Status and Fees
Upload Submittals
Planning Department ` - Contractor Licensing
diiii -i
_._ Submit a Planning Application ' Status and Fees
Reauest a Meeting as i u Submit a Complaint
Status and Fees Check Status of Complaint
Upload Submittals aillialk
Input the Project#or Name (from Agenda)
GMD Public Portal
Sion In i Reaster Portal Home Property Search Portal Help
•Search for a Planning Application
Search: P120180003473 Go!
Enter all or part of a project name or number,address or Parcel number and then click the go
Dutton.
Click on Documents and Images
GMD Public Portal
Sian In/Resister Portal Homg Property Search Portal Help
Planning Application Status
Expand All/Collapse All
Note:You can collapse and expand individual sections by clicking the header of the section you wish to collapse/expand.
- ►Summary
- ►Application Types(Click to See Reviews)
— ►Fees
- ►Inspections
- I.Documents&Images
Submittals Portal Home
Click on any document to open for viewing
_ Documents&Images
Date File Type Document Name
Uploaded
11/20/2018 Applications Application Form fLDCA Application -Prepared.pdfl
11/20/2018 Document Submittal 1-LDC Amendment Request
11/20/2018 Submittal 1-Exhibit A-Vision for the East Trail Corridor
11/20/2018 Submittal 1-Exhibit B-Collier County Self Storage Map
11/20/2018 Submittal 1-Exhibit C-US 41 Corridor Study
11/20/2018 Letter Submittal 1-RLS
12/04/2018 Exhibit D-Executive Summary and BCC Minutes(04-24-
20181.pdf
Submittals 1 Portal Home
Powered by CityView
2018 -2019 Administrative Code Updates
Chapter 1
Administrative Code
Section Description
Entire Chapter Non-substantive changes have been made, such as minor grammar
updates, terminology updates, division name updates, and website
updates
Ch. 1 B.1 - Administrative
Code Amendment
Added a reference to the County website that contains amendments
to the Administrative Code.
Ch. 1 B.7 - Growth
Management Department
(GMD)
Updated to accurately reflect the reorganized divisions within the
GMD.
Ch. 1 D.2 - GMD Public
Portal (New Section)
Introduces the E-Permitting process and the GMD Public Portal.
This new section also provides a reference to the County website that
contains all pertinent E-Permitting information.
Ch. 1 D.3 Initiation of the
Application
Added the process of uploading applications electronically through
the GMD Public Portal.
Ch. 1 D.4 - Pre-application
Meeting – Initiation of the pre-
application meeting
Details the pre-application meeting request process through the GMD
Public Portal and describes how the meeting will be scheduled.
Ch. 1 D.4 - Pre-application
Meeting – Required
Documentation (Relocated)
Removed and relocated information to Ch. 1 D.3.- Initiation of Pre-
Application Meeting.
Ch. 1 D.5 - Completeness and
Processing
The Completeness and Processing Letter was previously mailed, this
has now changed to a processing notification sent via email.
Ch. 1 D.9 - Pre-Construction
Meeting
Reflects the current process and timing of submittal requirements.
Chapter 2
Entire Chapter Non-substantive changes have been made, such as minor grammar
updates, terminology updates, division name updates, and in the case
of where a bulleted list is present, the bullets have been replaced with
letters.
All public notice signs have been replaced with the new template.
Ch. 2 A. - Comprehensive
Plan Amendment
Regular GMP amendments are now referred to as ‘large-scale’
amendments. This change is for clarity in amendment type and will
also be updated where mentioned in the LDC with an upcoming LDC
amendment.
The Notice – Small-Scale Amendment section has been updated to
include the requirements of a NIM, Mailed Notice, and posting of a
Sign.
The Notice – Large-Scale Amendment section currently contains a
secondary Mailed Notice requirement which has been removed. This
process is not utilized and will be updated with an upcoming LDC
amendment.
Chapter 3
Entire Chapter Non-substantive changes have been made, such as minor grammar
updates, terminology updates, division name updates, and in the case
of where a bulleted list is present, the bullets have been replaced with
letters.
All public notice signs have been replaced with the new template.
Ch. 3 B. - Boat Dock –
Including Boathouse
Establishment, Dock Facility
Extension, and Boat Lift
Canopy
This section contained 4 different application types with different
quasi-judicial and administrative review procedures. Each
application type has been separated into individual sections for ease
of use. Additionally, the Administrative Boat Lift Canopy
application process has been relocated to Chapter 4 – Administrative
Procedures.
Ch. 3 C.2 - Conditional Use
Extension
Added 'Addressing Checklist' to Application Contents.
Ch. 3 C.3 - Conditional Use
Re-Review
The Notice section has been updated to include the Mailed Notice
requirement.
Ch. 3 D.3 - DRI Amendment Corrected the reference to LDC Public Notice section to LDC section
10.03.06 I.
Ch. 3 F. - Parking Exemption
with a Public Hearing
The Notice and Application Contents sections have been updated to
include the required Agent Letter information. Additionally, the
Notice section has been updated to include the Sign requirements.
Ch. 3 G.5 - PUD Insubstantial
Change
The Notice section has been updated to include the NIM requirement
and specify that upon written request by the applicant, the Hearing
Examiner has the discretion to waive the NIM after the first set of
staff review comments have been issued.
Ch. 3 G.5 - PUD Extension This section will be removed, as PUD sunsetting has been removed
from the LDC, per Ordinance 2014-33.
Ch. 3 G.6 - Zoning
Verification Letter - PUD
Comparable Use
Determination
Added 'Addressing Checklist' to Application Contents.
Ch. 3 H. - Rezoning-Standard
The Notice section was previously separated into two categories:
parcels less than 10 acres and parcels greater than 10 acres. The LDC
does not distinguish between parcel size. This has been updated to
require a NIM, Mailed Notice, Newspaper Advertisement, and
posting of a Sign for all rezones.
Ch. 3 I. - Sign Variance The Notice and Application Contents have been updated to include
the Agent Letter information.
Ch. 3 J. - Variance The Notice and Application Contents have been updated to include
the Agent Letter information.
Ch. 3 K. - Compatibility
Design Review
Added a reference to specific LDC public notice section 10.03.06 Y.
Text underlined is new text to be added
Text strikethrough is current text to be deleted
Chapter 1. Introduction
A. Purpose and Intent
Collier County’s Land Development Code (LDC) is the principal regulatory tool for implementing the County’s
Growth Management Plan (GMP). The LDC contains the standards and criteria that development must meet in the
County. To ensure that all growth meets these standards, there are specific approval procedures for the various
forms of development, ranging from simple, single-lot residences to large, multi-phased planned developments.
The Administrative Code consolidates and identifies the procedures for approval to develop under the LDC.
The Administrative Code for Land Development, hereafter referred to as the Administrative Code, is divided into
14 chapters. Each chapter comprises a genre of land use petitions or permits. Each cChapter is organized
alphabetically to provide for ease of use. Cross references are provided for related land use petitions or permits
where appropriate. The following list provides a breakdown of the Administrative Code by chapter:
• Chapter 1 contains the intent of the Administrative Code and how to it is to be amended. This chapter
also outlines Collier County’s Reviewing Agencies and the Common Procedural Steps and Information
necessary to submit and process a land use petition or permit.
• Chapter 2 contains the land use petitions which are processed through a legislative procedure.
• Chapter 3 contains the land use petitions and permits which are processed through a quasi -judicial
procedure.
• Chapter 4 contains the land use petitions and permits which are processed administratively by the Growth
Management Department.
• Chapter 5 contains the applications for the creation and completion of a subdivision.
• Chapter 6 contains applications for waivers, exemptions, and reductions to LDC standards.
• Chapter 7 contains supplementary submittal requirements for land use applications.
• Chapter 8 contains information relating to public notice requirements for land use petitions.
• Chapter 9 contains the procedures for the Office of the Hearing Examiner.
• Chapter 10 identifies where to find current information.
• Chapter 11 contains contact information.
• Chapter 12 contains commonly used acronyms in the Administrative Code and the LDC.
• Chapter 13 contains the glossary of terms, which are bolded throughout the Administrative Code.
• Chapter 14 contains Appendices.
The Administrative Code is available to download as an Adobe PDF file on the County’s website:
www.colliergov.net/admincodewww.colliercountyfl.gov/admincode. It is also available for purchase in print at the
Growth Management Department, located at 2800 N. Horseshoe Drive, Naples, FL 34104.
The Code has visual cues that improve its readability. These include:
This symbol identifies a cross-reference to another Administrative Code chapter or another regulatory
code.
This symbol identifies explanatory materials/information that may help to explain or expand upon a
provision of the Administrative Code.
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B. Amendments and Conflicts
1. Administrative Code Amendment
The Administrative Code was adopted by the Board of County Commissioners (BCC) as Ordinance 2013-57 and
amended by Resolution 2016-168, subsequent amendments can be found on the County’s website:
www.colliercountyfl.gov/admincode. Amending Collier County and State of Florida contact information and
website links may be done administratively by the County Manager or designee. Further, the County Manager or
designee shall have the authority to update and correct Growth Management Department’s organizational
structure and department titles.
All other amendments, additions, revisions, or modifications required to maintain the Administrative Code shall be
made by resolution by the BCC and adopted by majority vote at any regular or special meeting. The resolutions
may be placed as an item on the regular, consent, or summary meeting agenda, as deemed appropriate by the
County Manager or designee in consultation with the County Attorney.
2. Conflicts
Where the Administrative Code conflicts with the LDC or Growth Management Plan, the LDC or the Growth
Management Plan shall prevail.
C. Reviewing Agencies
This section describes the various agencies that are involved in processing zoning and land development
applications.
1. Architectural Arbitration Board
The Architectural Arbitration Board, identified in LDC subsection 5.05.08 F assists with the Architectural Deviations
and Alternative Compliance procedure. The Board consists of five voting members comprised of the following: two
representatives from the Collier County Zoning staff, two representatives appointed by the American Institute of
Architects (Southwest Florida Chapter) and one member appointed by the American Society of Landscape
Architects (Southwest Florida Chapter). The Architectural Arbitration Board may provide the following: 1)
Assistance to the County Manager in rendering a decision; and 2) An applicant may appeal the decision of the
County Manager or designee to the Architectural Arbitration Board.
2. Board of County Commissioners (BCC)
The BCC is the County’s governing agency. It sets the County’s land development policies by adopting and
amending the Growth Management Plan and the LDC. It is also involved in quasi-judicial procedures, such as a
rezoning, the establishment of PUDs, the creation of stewardship receiving/sending areas, and the establishment
of Development of Regional Impacts, and other petitions as specified in the LDC.
3. Board of Zoning Appeals (BZA)
The BCC acts as the Board of Zoning Appeals (BZA) for Collier County. The BZA processes and makes final decisions
on zoning variances, appeals, conditional uses, nonconforming use amendments, flood variances, parking
agreements, and other functions outlined in the Collier County Code of Laws and Ordinances section 2-1171, F.S. §
67-1246 and Laws of Florida, as amended.
4. Building Board of Adjustment and Appeals (BOAA)
The Building Board of Adjustment and Appeals (BOAA) is a decision-making body that makes final decisions on
appeals related to the decisions of the building official, such as the manner of construction proposed to be
followed, or materials to be used, and in the erection or alteration of a building or structure, pursuant to Code of
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Laws and Ordinances section 2-1181. The BOAA consists of five members, appointed by the BCC, who have the
necessary education and qualifications to review and render decisions related to the Florida Building Code and
Florida Fire Prevention Code.
5. Planning Commi ssion (CCPC )
The Collier County Planning Commission is designated as the local planning agency for the County, as identified in
the Code of Laws and Ordinances section 106-1 and 2-1156. The Planning Commission processes amendments to
the Growth Management Plan, text amendments to the LDC, and makes a final decision on actions as specified in
the Administrative Code and LDC. The Planning Commission also provides recommendations to the BCC on land
use petitions where the BCC renders a final decision.
6. Office of the Hearing Examiner
The Office of the Hearing Examiner is established in the Code of Laws and Ordinances section 2-83 through 2-90.
The Hearing Examiner hears and makes final decisions and provides recommendations to the BCC as specified in
oOrdinance 2013-25 and in the Administrative Code. The procedures for the Office of the Hearing Examiner are
established in Chapter 9 of the Administrative Code.
7. Growth Management Department (GMD)
Most land use petitions and permit applications begin the process with a review by the Growth Management
DepartmentGMD – Development Services section. The Growth Management DepartmentThis section of the GMD
provides information and services associated with building permits, inspections, development plans, land use
petitions, and investigations. The GMD provides guidance for the long-term use of land and public facilities to
assure quality growth and to enhance the community's quality of life, pursuant to local ordinances and Florida
State growth management laws.
The following are the primary departments within the Growth Management Department: the Business Center , the
Engineering Services Department, the Natural Resources Department, the Comprehensive Planning Department,
the Planning and Zoning Division, Operations and Regulatory Management, which includes the Plan Review and
Inspection Department, and the Code Enforcement Department . The Planning and Zoning Division is generally the
initial point of contact for land use petitions and permits. The Plan Review and Inspection Department handles
building permits.
The following are the primary divisions with the GMD- Development Services section:
• Operations and Regulatory Management Division;
• Development Review Division;
• Building Division;
• Zoning Division; and
• Code Enforcement Division.
8. Environmental Advisory Council (EAC)
The Environmental Advisory CouncilEAC acts in an advisory capacity to the BCC pursuant to Code of Laws and
Ordinances section 2-1191. The Collier County Planning Commission sitsacts as the Environmental Advisory
CouncilEAC. Pursuant to Ord. 2013-51, the EAC reviews matters dealing with regulation, control, management,
use, or exploitation of natural resources within the County. It also reviews specific zoning and development
petitions and their impact on the County’s natural resources.
9. Development Services Advisory Committee (DSAC)
The DSAC is a fifteen 15- member committee that was created in 1993 pursuant to Code of Laws and Ordinances
section 2-1031. This committee represents the various aspects of the development industry and may include
architects, general contractors, residential or building contractors, environmentalists, land use planners, land
developers, landscape architects, professional engineers, utility contractors, plumbing contractors, electrical
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contractors, structural engineers, and attorneys. The purpose of this committee is to provide reports and
recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability
within the Growth Management Department and to serve as a primary communication link between the Growth
Management Department, the development industry, and the citizens of Collier County. Terms are 4 years.
10. Historical Archaeological Preservation Board
The Historical Archaeological Preservation Board (Preservation Board) is an advisory board to the BCC p ursuant to
Code of Laws section 2-2000. The Preservation Board designates, regulates, and administers historical and
archaeological resources in the County under the direct jurisdiction and control of the BCC.
D. Common Procedural Steps and Information
This section describes common information that applies to most of the review procedures identified in the
Administrative Code.
1. Fees and Submittal Requirements
The County charges fees for applications filed under the LDC. The BCC establishes the fees by resolution. The fee
schedule is available for download on the County’s website: http://www.colliergov.net/Index.aspx?page=128
https://www.colliercountyfl.gov/your-government/divisions-s-z/zoning-division/zoning-services-section. The
County will not accept an application until all of the required fees are paid.
2. GMD Public Portal
The GMD accepts application packages electronically through the E-Permitting program for most Building and Land
Use Permit types. Applicants utilizing the E-Permitting program submit their documents through the GMD Public
Portal, where they are guided through the process of uploading their application package. Important information
regarding the use of the E-Permitting program and the GMD Public Portal can be found on the County’s website:
https://www.colliercountyfl.gov/your-government/divisions-a-e/building-review/e-permitting.
3. Initiation of the Application
Most applications are initiated by filing a County application form, along with all of the required information, with
the Business Center within the Growth Management Department. Each section of the Administrative Code lists the
corresponding application by name under “Initiation.”
Most applications can be initiated electronically by uploading the application, along with all the required
information, to the GMD Public Portal, or applications can be initiated in person with the Client Services section of
the Business Center. Each section of the Administrative Code lists the corresponding application by name un der
“Initiation”.
3 4 . Pre -a A pplication m M eeting
Applicability
Where specified within the Administrative Code, applicants must attend a pre-application meeting with the
assigned planner, and review staffPlanning & Zoning Division before filing an application.
The purpose of the meeting is to provide an opportunity for the applicant, and the assigned planner, and review
staffPlanning & Zoning Division to informally review a proposed development and determine the most efficient
method of review before substantial commitments of time and money are made in the preparation and
submission of the application.
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The name of the planner assigned to the project shall be identified on the application once it is filed. The project
planner is the main contact and their name should be referenced in any correspondence with the County
regarding the petition. The project planner can be reached by calling the Business Center Front Desk, at 239-252-
2400.
The pre-application meetings are held at Planning & Zoning Division offices are located within the Growth
Management Building at the following location:
Growth Management
Department
Planning & Zoning
Division
2800 N. Horseshoe Drive
Naples, FL 34104
Phone: (239) 252-2400
Initiation of the pre-application meeting
Applicants may request a pre-application meeting online by calling the Planning & Zoning Division, or in person at
the Business Center, which is located within the Growth Management Department Building. A pre -application fee
is required at the time of the meeting. Applicants must complete a Pre-Application Request Form, or fill out the
form on-line at http://apps2.colliergov.net/portal. The Planning & Zoning Division will contact the applicant within
2 working days to schedule a pre-application meeting. Pre-application meetings are held in the Growth
Management Building in order to allow all appropriate County review staff to attend. Applicants may bring an
agent(s) or another person they wish to have present at the meeting .
Applicants must request a pre-application meeting online through the GMD Public Portal. Applicants can access a
step-by-step guide for submitting a pre-application meeting request at: https://www.colliercountyfl.gov/your-
government/divisions-a-e/building-review/e-permitting. While requesting a pre-application meeting on the GMD
Public Portal, it is recommended that applicants upload supporting documents such as: An Addressing Checklist,
Conceptual Site Plans, Conceptual Master Plans, aerials, ordinances, etc. Once the pre-application meeting
request has been received, the Client Services section of the Business Center will contact the applicant within two
working days, via email, to coordinate the date and time of the pre-application meeting.
Applicants may bring an agent(s) or another person they wish to have present at the meeting. A pre-application
fee is required prior to, or at the time of the meeting. Unless further specified in the Administrative Code, or
uploaded on the GMD Public Portal, the applicant should bring a conceptual plan of the project, aerial
photographs of the property, and preliminary environmental data, depending on the type of application .
GMD
Offices
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At the pre-application meeting County Staff will review the proposed request, discuss the contents of the
application packet, indicate which submittal items are required, and the number of plans required for submittal.
The submittal requirements vary by application type, so applicants are encouraged to hold off on completingwait
to complete the application packet until after the pre-application meeting. At the pre-application meeting, County
Staff members will provide the applicant Pre-Application Meeting Notes, which outline the requirements discussed
at the meeting.
Issues to discuss
The Planning & Zoning Divisionassigned planner, review staff, and the applicant may discuss the following issues at
the pre-application meeting:
1. The general nature of the proposed development.
2. Changes to the proposed development which need to conform to the LDC, the Growth Management
Plan, or other County policies.
3. The review procedures that will apply, including the public hearing process, if applicable, the
approximate length of the development review, and the approval process.
4. Federal, State, and local agencies that may review, comment, or require permits for the proposed
development.
5. The type of information needed throughout the procedure, including surveys, plans, drawings,
reports, the application form, and other supporting documentation.
6. The number of copies of the application and supporting information that the applicant must provide.
At the pre-application meeting, the applicant and staff may discuss other issues as needed. At Following the pre-
application meeting, the Planning & Zoning Divisionassigned planner will provide the applicant a checklist of
submittal requirements discussed at the meeting. The applicant and the Planning & Zoning Division staff may
discuss other issues as needed.
Required Documentation
Unless further specified in the Administrative Code, the applicant should bring a conceptual plan of the project,
aerial photographs of the property, and preliminary environmental data, depending on the type of application.
4 5 . Completeness and Processing Letter
Prior to the submittalacceptence of the application, the Client Services section of the Business Center will
determine if the application is complete and that the materials identified on the Pre-Application Meeting
cChecklist and notes are included with the application. If the application is incomplete, the applicant must obtain
all of the requirements prior to the submittal of the application. The Client Services section of the Business Center
will not accept or process an incomplete package.
Once the application has been accepted by the County and the required fees have been paid, the application has
begun processing and the applicant will receive a Pprocessing Letternotification, by email. This letter notification
identifies the petition number, (i.e. PL201200000) and the assigned planner/project manager. The petition number
should be noted on all future correspondence regarding the application. The letter is generally received within 10
days of submittal.
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5 6 . Staff Review
Once the application has been processed, County Staff will review the application to determine whether the
application is sufficient or insufficient in one or more areas. This is considered the “first set of review comments”
by County Staff. The purpose of this review is to ensure that the application complies with the standards for
approval and/or the findings of fact pursuant to the LDC. This review is also designed to prevent the application
from unnecessary delays in the process. If the application is insufficient, or does not meet code requirements, the
Planning & Zoning Division applicable division will notify the applicant of the deficiencies through the review
comment process.
For administrative applications, County Staff, acting on the behalf of the County Manager may approve or deny the
application based on the criteria provided in the LDC. While the Planning & Zoning DivisionGrowth Management
Department is the agency that is primarily involved in administering and enforcing the Growth Management Plan
and the LDC, other State or regional agencies may be responsible for certain types of applications.
6 7 . Advisory Board or Agency Review
If the petition requires review by the EAC, Planning Commission, BCC, BZA, the Hearing Examiner, or other County
advisory County board or agency, County Staff prepares a specialized report for each Board. For example, a Staff
Report for the Planning Commission contains information identified in the application, whether the project is
consistent with the Growth Management Plan, an analysis of the request, legal considerations, recommendations
by the County, and any recommendations of another reviewing body.
If the application is to be reviewed by the BCC, Staff prepares an Executive Summary which is a condensed version
of the Staff Report and includes recommendations of the EAC, if applicable, and the Planning Commission.
7 8 . Open and Closed Applications
An application is considered "open" when the Pprocessing Letternotification has been provided to the applicant
and/or agent. The Planning & Zoning Division assigns an open application and petition processing number.
An application is considered "closed" when the petitioner withdraws the application through written notice or
ceases to supply necessary information to continue processing, or otherwise actively pursue the application for a
period of 6 months, unless the particular process assigns a different time period. A closed application will not
receive further processing and is considered withdrawn. The Planning & Zoning Divisionapplicable division will
notify the applicant of closure in writing. However, the failure of the Planning & Zoning Divisionapplicable division
to notify the applicant does not eliminate the "closed" status of an application.
The applicant can reopen a closed application by submitting a new application and repaying the application fees.
Further review of the request is subject to the then current LDC.
Please note: the GMD Public Portal displays various application statuses indicating the stage in which the
application is available for uploads, closed for uploads, submitted, etc.… Additional information can be found on
the County’s website: https://www.colliercountyfl.gov/your-government/divisions-a-e/building-review/e-
permitting.
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8 9 . Pre -Construction Conference Meeting
The Ppre-construction conferencemeeting applies to all development projects that include infrastructure
improvements, including but not limited to: site development plans (SDP), site development plan amendments
(SDPA), site improvement plans (SIP), plans and plats (PPL), plans and plat amendments (PPLA), and construction
plans (CNSTR).
Following approval of the plans, the applicant shall pay the inspection fees and the Engineer of Record shall
submit to the Business Center an affidavit that the plans and documents approved by Collier County are consistent
with those approved by all State and Federal agencies. The Engineering Services Department shall contact the
applicant to schedule a pre-construction conference. The applicant shall bring all approved County plans and
permits and copies of all State and Federal permits for the project to the meeting. At the meeting, the applicant
and the Engineering Services Department will coordinate construction activities and will discuss the timeline for
the inspection of the improvements. The applicant, the applicant’s contractors, and representatives from all
affected utilities are encouraged to attend the meeting.
Following approval of the plans, the Engineer of Record (EOR) shall submit the Affidavit of Compliance to Client
Services in the Business Center or through the GMD Public Portal. The Engineer’s Affidavit of Compliance shall
attest that the plans and documents approved by Collier County are consistent with those approved by all State
and Federal agencies, and all required permits have been issued. The EOR shall request to schedule a pre -
construction meeting with Development Review Division. Before the Pre-Construction submittal can be reviewed
and scheduled, the applicant shall upload copies of all required permits for the project to the GMD Public Portal,
and all inspection fees shall be paid prior to the meeting. The purpose of the meeting is for the applicant and the
Development Review Division staff to discuss the inspection of the improvements, project schedule, notification
requirements, and project completion and acceptance procedures. It is encouraged that the following parties
attend the meeting: the applicant; EOR and EOR’s field representative; owner and/or developer; general, site, and
utilities contractors; and representatives from affected utilities.
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Chapter 2. Legislative Procedures
The petitions identified in this Chapter require a public hearing by the Board of County Commissioners.
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A. Comprehensive Plan Amendment
Reference F.S. § 163.3177 – 163.3187, 125.66 and LDC Public Notice subsection 10.03.06 E and the
Collier County Growth Management Plan (GMP).
Note: The Florida Department of Economic Opportunity (DEO) website contains
procedures, forms, and technical assistance regarding State of Florida review and
requirements. For State related Comprehensive Plan Amendment information refer to:
http://www.floridajobs.org/community-planning-and-
development/programs/comprehensive-planning.
Applicability This procedure applies to a request to amend the GMP whether initiated by the County
or a private landowner.
A comprehensive plan amendment does not authorize development.
There are several categories of plan amendments, including but not limited to:
• a. Small-Scale Amendment: A plan amendment that involves 10 acres or
less and other criteria set out in F.S. § 163.3187(1).
o i. Generally, small-scale amendments are for maps and may
include text changes.
o ii. Small-scale amendments that involve 10 acres or less may be
site-specific amendments.
• b. Regular Large-Scale Amendment: A plan amendment that changes the
goals, objectives and policies; a map change; or any other material in the
plan, and falls within one of the categories described in F.S. § 163.3184(2)
and 163.3184(3).
o i. Regular Large-scale amendments may be site-specific
amendments.
• c. DRI Companion Amendment: A plan amendment that is directly related
to a DRI. This is processed concurrent with the DRI application. See
Chapter 3 D.3 of the Administrative Code for more information.
Pre-Application A pre-application meeting is required.
Initiation The applicant files an “Application for a Request to Amend the Collier County Growth
Management Plan” with the Comprehensive Planning Section of the Planning and Zoning
Division.
Application
Contents
The application shall include the draft amendment text and/or map amendment and all
data and supporting materials that justify the amendment.
Note: Refer to F.S. § 163.3163 et. seq. for State requirements.
Completeness and
Processing of
Application
The Comprehensive Planning DepartmentSection 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
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petition. This petition tracking number should be noted on all future correspondence
regarding the petition.
Notice –
Small-Scale
Amendment for
Map and/or Text
Changes
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall
be given to property owners in the notification area at least 15 days prior to the
NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Advertisement: The legal advertisements shall be published at least 15
days before the Planning Commission and BCC public hearings dates. The
advertisements shall include at a minimum:
• a. Clear explanation of the proposed ordinance or resolution as it affects
the subject property;
• b. Date, time, and location of one or more public hearings;
• c. 2 in. x 3 in. map of the project location; and
• d. The required advertisements must be at least 2 columns wide by 10
inches long, in a standard size or a tabloid size newspaper, and the headline
in the advertisements must be in a type no smaller than 18 point. The
advertisement shall not be placed in a portion of the newspaper where
legal notices and classified advertisements appear. The advertisements
shall be placed in a newspaper of general paid circulation.
4. Sign: (see format below) Posted at least 15 days prior to the advertised Planning
Commission hearing.
Notice –
Large-Scale
Amendment for
Site-Specific
Amendment
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the first advertised
Planning Commission hearing. The NIM shall be advertised and a mailed written
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notice shall be given to property owners in the notification area at least 15 days
prior to the NIM meeting. The NIM is only for site-specific amendments.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Advertisements: The legal advertisements shall be published at least 15
days before the Planning Commission and BCC transmittal and adoption public
hearings. The advertisement shall include at a minimum:
• a. Clear explanation of the proposed ordinance or resolution as it affects
the subject property;
• b. Date, time, and location of one or more public hearings;
• c. 2 in. x 3 in. map of the project location, if site-specific; and
• d. The required advertisements must be at least 2 columns wide by 10
inches long, in a standard size or a tabloid size newspaper, and the headline
in the advertisement must be in a type no smaller than 18 point. The
advertisement shall not be placed in a portion of the newspaper where
legal notices and classified advertisements appear. The advertisements
shall be placed in a newspaper of general paid circulation.
4. Mailed Notice: The County shall send written notice by mail to each real property
owner within the area covered by the proposed plan amendment at least 15 days
before the advertised BCC public hearing date.
5. Sign: (see format below) Posted at least 15 days prior to the advertised public
hearings. Two distinct signs shall be posted for the transmittal hearings and the
adoption hearings. The first sign shall be posted before the first Planning
Commission hearing on the GMP transmittal to DEO. A second sign shall be posted
before the Planning Commission hearing on the GMP adoption.
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Notice –
Regular Large-Scale
Amendment
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Newspaper Advertisements: The legal advertisements shall be published at least 15
days before the Planning Commission and BCC transmittal and adoption public
hearings. The advertisement shall include at a minimum:
• a. Clear explanation of the proposed ordinance or resolution as it affects
the subject property;
• b. Date, time, and location of one or more public hearings;
• c. 2 in. x 3 in. map of the project location, if site specific; and
• d. The required advertisements must be at least 2 columns wide by 10
inches long, in a standard size or a tabloid size newspaper, and the headline
in the advertisement must be in a type no smaller than 18 point. The
advertisement shall not be placed in a portion of the newspaper where
legal notices and classified advertisements appear. The advertisements shall
be placed in a newspaper of general paid circulation.
Public Hearings for
Small-Scale
Amendment
1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing.
Public Hearing for
Regular Large-Scale
Amendment
Regular Large-Scale Amendments require two sets of public hearings, transmittal
hearings and adoption hearings.
1. Transmittal Public Hearings:
• a. The EAC shall hold at least 1 advertised public hearing, if required.
• b. The Planning Commission shall hold at least 1 advertised public
hearing.
• c. The BCC shall hold at least 1 advertised transmittal public hearing.
2. Adoption Public Hearings:
• a. The EAC shall hold at least 1 advertised public hearing, if required.
• b. The Planning Commission shall hold at least 1 advertised public
hearing.
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• c. The BCC shall hold at least 1 advertised adoption public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process 1. Transmittal of Amendment to DEO:
• a. The Comprehensive Planning Section will review the application,
identify whether additional materials are needed, prepare a Staff Report,
and schedule a hearing date before the EAC, if required, and the Planning
Commission to present the petition for review.
• b. Following the recommendation by the Planning Commission, the
Comprehensive Planning Section will prepare an Executive Summary and
schedule a hearing date before the BCC to present the petition for review.
• c. Small-Scale Amendments are not subject to a review by DEO and may
be adopted by the BCC at the first advertised public hearing. A Regular
Large-scale Amendment is reviewed by the BCC at a transmittal hearing and
if approved, the amendment is sent to DEO and other review agencies for
review in accordance with F.S. § 163.3184(3) and (4).
2. Adoption of Amendment:
• a. Following review by DEO and other review agencies, the
Comprehensive Planning Section will prepare a Staff Report, and schedule a
hearing date before the EAC, if required, and the Planning Commission to
present the amendment and comments from DEO and other review
agencies for review. Following the recommendation by the EAC, if required,
and the Planning Commission, the Comprehensive Planning Section will
prepare an Executive Summary and schedule an adoption hearing before
the BCC. If the amendment is adopted, the amendment is sent to DEO and
the review agencies in accordance with F.S. § 163.3184(3) and (4).
Criteria The plan amendment must be consistent with the applicable portions of the Collier
County Growth Management Plan, F.S. § 163.3164, et seq., the State Comprehensive
Plan, and the Southwest Florida Strategic Regional Policy Plan published by the
Southwest Florida Regional Planning Council.
Effective Date See F.S. § 163.3184(3) and (4).
See F.S. § 163.3191 if the plan amendment is an update that results from an
evaluation and appraisal report.
Appeals Affected persons may file an administrative challenge as described in F.S. § 163.3184(5).
Small scale amendments may be administratively challenged pursuant to F.S. §
163.3187(5) (a).
Updated
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B. Privately Initiated Land Development Code 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 LDC Amendments.
Applicability Privately initiated amendments that supplement, change, or repeal the LDC.
Pre-Application A pre-application meeting is 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. Pre-application meeting notes.
3. LDC amendment request document, including the following.
• a. The applicant’s name;
• b. The name of the author of the LDC text amendment;
• c. All LDC sections to be modified by the amendment;
• d. A written statement briefly describing the change requested;
• e. A written statement describing the justification for the amendment
and any other relevant information about the change requested;
• f. A written statement describing any potential fiscal or operational
impacts associated with the amendment;
• g. A written statement addressing the amendment’s consistency with the
Growth Management Plan;
• h. Changes to the LDC shall be identified in a strikethrough/underline
format. Strikethrough language represents removal and underlined
language represents new language; and
• i. All cross references to the section in the LDC shall be checked and
amended if necessary.
4. Electronic copies of all documents.
Completeness and
Processing of
Application
The Growth Management 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 petition.
This petition tracking number should be noted on all future correspondence regarding
the petition.
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Notice
Requirements
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:
• a. The title of the proposed ordinance or resolution;
• b. Date, time, and location of the hearing;
• c. Places(s) within the county where the proposed ordinance may be
inspected by the public; and
• d. 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.
Public Hearings 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 one advertised public hearing, if required.
2. The Planning Commission shall hold at least one advertised public hearing.
3. The BCC shall hold at least 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
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.
1. 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.
Decision maker The BCC, following the recommendations from both the EAC, if required, and the
Planning Commission.
Review Process 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:
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• a. The DSAC reviews the amendment application in a public meeting and
makes a recommendation to the BCC.
• b. 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.
• c. 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 2018-072
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Chapter 3. Quasi-Judicial Procedures with a Public Hearing
Land use petitions require a public hearing where the applicant and affected property owners are allowed to
speak and provide testimony about the application. The County’s decision -making agency is similar to a judge
presiding over a trial, and its decision is based on the record. Quasi-judicial hearings are pursuant to law and
provide for the following:
1. The record may include the application materials, County Staff’s recommendation, and may also include
written reports, and the fact–based testimony of any witnesses (expert or otherwise) that speak at the public
hearing. The applicant or the agent has the burden of providing a written record.
2. The applicant has an opportunity to be heard in person and through counsel, to present evidence of its case,
and to rebut the case presented by opposing parties.
3. Cross–examination of adverse witnesses is allowed. The chairman or presiding officer of the decision -making
agency may reasonably control the amount of time and type of questions asked during cross -examination.
4. Exparte communications must be disclosed by members of the advisory boards or decision-making agency
pursuant to law.
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A. Appeal of an Official Interpretation of the Land Development Code
Reference LDC subsection 1.06.01 D, LDC section 8.10.00, LDC Public Notice subsection 10.03.06
Q, and Code of Laws and Ordinances section 250-58.
Applicability This process allows an applicant to appeal an Official Interpretation to the Hearing
Examiner.
Pre-Application A pre-application meeting is not required.
Initiation The applicant files an “Appeal Application for Official Interpretation” with the
Planning & Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Interpretation number.
3. A narrative describing the request, the legal basis for the appeal, the relief
sought, including any pertinent information, exhibits, and other backup
information in support of the appeal.
4. Electronic copies of all documents.
Completeness and
Processing of
Application
After submission of the completed application packet accompanied with the required
fee, the applicant will receive an 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., XX201200000) assigned to the appeal. The
tracking number should be noted on all future correspondence regarding the
petition.
Notice 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 the advertised Hearing Examinerpublic hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
• a. Date, time, and location of the hearing; and
• b. 2 in. x 3 in. map of the project location, if site specific.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Division will review the appeal and identify whether additional
materials are needed. Staff will prepare a Staff Report to present to the Office of the
Hearing Examiner for a decision.
Updated
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B. Boat Dock – Including Boathouse Establishment, Dock Facility
Extension, and Boat Lift Canopy
Reference LDC sections 5.03.06, 8.10.00, and LDC Public Notice subsection 10.03.06 H.
Applicability There are four types of permits for a boat dock facility and related structures:
1. Dock Facility Extension
2. Dock Facility with a Boathouse
3. Boat Lift Canopy
4. Boat Lift Canopy Deviations.
Pre-Application A pre-application meeting is required.
Initiation The applicant files one of the following applications with the Planning & Zoning Division:
1. “Dock Facility Extension or Boathouse Establishment Petition Application and
Submittal Instructions,” or
2. “Boat Lift Canopy Application” for a Boat Lift Canopy or a Boat Lift Canopy Deviation,
or
3. Non-residential dock facility requests must submit the “Dock Facility Extension or
Boathouse Establishment Petition Application and Submittal I nstructions” and
comply with LDC section 5.03.06, as part of the Site Development Plan application.
Application
Contents for Boat
Dock Establishment
and/or a Dock
Facility Extension
The application must include the following:
1. Applicant contact information.
2. Property information, including:
• Property identification number;
• Section, township, and range;
• Subdivision, unit, lot and block; and
• Address of subject site.
3. Zoning information, including:
• Current zoning and land use of subject property; and
• Adjacent zoning and land use.
4. Site information, including:
• Waterway width and where the measurement came from;
• Total property water frontage;
• Measurement of provided and required setbacks;
• Total protrusion of proposed facility into water;
• Number and length of vessels to use facility; and
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• Additional dock facilities in close proximity of subject property and the total
protrusion of each into the waterway.
5. Narrative description of the project.
6. Signed and sealed survey depicting mean high water (MHW) and mean low water
(MLW), and relevant water depths (no less than 5 foot increments).
7. Pursuant to LDC subsection 5.03.06 I, a submerged resources survey, as applicable.
8. A chart, drawn to scale, of the waterway at the site, depicting the waterway width,
the proximity of the proposed facility to any adjacent navigable channel, the
proximity of the proposed facility to docks, if any, on the adjacent lots, and the
unobstructed waterway between the proposed facility and the opposite bank or any
dock facility on the opposite bank.
9. Site Plan illustrating the following:
• Lot dimensions;
• Required setbacks for the dock facility;
• Cross section showing relation to MHW/MLW and shoreline (bank, seawall,
or rip-rap revetment);
• Configuration, location, and dimensions of existing and proposed facility;
• Water depth where proposed dock facility is to be located;
• Distance of the navigable channel;
• Illustration of the contour of the property; and
• Illustration of dock facility from both an aerial and side view.
10. Narrative response to listed criteria/questions.
11. Signed and notarized affidavit by property owner or agent.
12. Addressing checklist.
13. Electronic copy of all documents.
14. Copies for the Hearing Examiner as identified on the Submittal Checklist.
Application
Contents for a Boat
Lift Canopy or a
Boat Lift Canopy
Deviation
The Boat Lift Canopy and the Boat Lift Canopy Deviation application must include the
following:
1. Applicant contact information.
2. Property information, including:
• Property identification number;
• Section, township, and range;
• Subdivision, unit, lot and block; and
• Address of subject site.
3. Current zoning and land use of subject property.
4. Survey, signed and sealed showing any existing dock facility.
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5. Scale drawing of the proposed canopy showing all dimensions.
6. Sample of the fabric for color review.
7. Addressing checklist.
Completeness and
Processing of
Application
The Planning & Zoning Division 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 petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice for Boat
Dock Establishment
with a Boathouse,
Boat Dock
Extensions, and
Boat Lift Canopy
Deviations
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Hearing Examiner hearing. The County
will mail the letters at the applicant’s expense. The advertisement shall include at a
minimum:
• Date, time, and location of the Hearing Examiner hearing;
• Petition number;
• Extension and total protrusion of the facility; and
• Date by which written comments must be filed with the Planning & Zoning
Division.
2. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation for the following petitions: Boat Dock Establishment with a Boathouse,
Boat Dock Extension, or Boat Lift Canopy Deviation. The advertisement shall include
at a minimum:
• Date, time, and location of the hearing;
• Petition number;
• Address of the facility;
• Extension and total protrusion of the facility;
• 2 in. x 3 in. map of the project location; and
• Date by which written comments must be filed with the Planning & Zoning
Division.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
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Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing for the
following. See Chapter 9 of the Administrative Code for the Office of the Hearing
Examiner procedures.
• Dock Facility with a Boathouse;
• Dock Facility Extension; and
• Boat Lift Canopy Deviation.
2. No hearing is required for a Boat Lift Canopy application.
3. For non-residential dock facilities, compliance is determined as part of the site
development plan application. A public hearing is not required.
Decision Maker 1. The Hearing Examiner may approve:
• Dock Facility with a Boathouse
• Dock Facility Extensions
• Boat Lift Canopy Deviations
2. The County Manager or designee may approve:
• Boat Lift Canopies
• Non-residential Boat Dock Facilities
Review Process 1. The Planning & Zoning Division will review the application, identify whether
additional materials are needed and prepare a Staff Report to present to the Office
of the Hearing Examiner for a decision for the following petitions:
• Dock Facility with a Boathouse;
• Dock Facility Extensions; and
• Boat Lift Canopy Deviations.
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2. The Planning & Zoning will review the application, identify whether additional
materials are needed, and prepare a letter of determinations utilizing the criteria
identified in LDC section 5.03.06 for the following:
• Boat Lift Canopy; and
• Non-residential Dock Facility, as part of the site development plan
application.
Updated
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B. Boat Dock
B.1. Boathouse Establishment
Reference LDC sections 5.03.06, 5.03.06 F, 8.10.00, and LDC Public Notice section 10.03.06 H.
Applicability A boathouse establishment petition is required for proposed boathouses and includes
any roofed structure built on a dock.
Pre-Application A pre-application meeting is required.
Initiation The applicant files a “Dock Facility Extension or Boathouse Establishment Petition” with
the Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Property information, including:
a. Property identification number;
b. Section, township, and range;
c. Subdivision, unit, lot and block; and
d. Address of subject site.
3. Zoning information, including:
a. Current zoning and land use of subject property; and
b. Adjacent zoning and land use.
4. Site information, including:
a. Waterway width and where the measurement came from;
b. Total property water frontage;
c. Measurement of provided and required setbacks;
d. Total protrusion of proposed facility into water;
e. Number and length of vessels to use facility; and
d. Additional dock facilities in close proximity of subject property and the total
protrusion of each into the waterway.
5. Narrative description of the project.
6. Signed and sealed survey depicting mean high water (MHW) and mean low water
(MLW), and relevant water depths (no less than 5 foot increments).
7. Pursuant to LDC section 5.03.06 I, a submerged resources survey, as applicable.
8. A chart, drawn to scale, of the waterway at the site, depicting the waterway width,
the proximity of the proposed facility to any adjacent navigable channel, the
proximity of the proposed facility to docks, if any, on the adjacent lots, and the
unobstructed waterway between the proposed facility and the opposite bank or any
dock facility on the opposite bank.
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9. Site Plan illustrating the following:
a. Lot dimensions;
b. Required setbacks for the dock facility;
c. Cross section showing relation to MHW/MLW and shoreline (bank, seawall,
or rip-rap revetment);
d. Configuration, location, and dimensions of existing and proposed facility;
e. Water depth where proposed dock facility is to be located;
f. Distance of the navigable channel;
g. Illustration of the contour of the property; and
h. Illustration of dock facility from both an aerial and side view.
10. Narrative response to listed criteria/questions noted in LDC section 5.03.06 F.
11. Signed and notarized affidavit by property owner or agent.
12. Addressing checklist.
13. Electronic copy of all documents.
14. Copies for the Hearing Examiner as identified on the a pplication’s Submittal
Checklist.
Completeness and
Processing of
Application
The Zoning Division 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 petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Hearing Examiner hearing. The County
will mail the letters at the applicant’s expense. The advertisement shall include at a
minimum:
a. Date, time, and location of the Hearing Examiner hearing;
b. Petition number;
c. Extension and total protrusion of the facility; and
d. Date by which written comments must be filed with the Zoning Division.
2. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
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b. Petition number;
c. Address of the facility;
d. Extension and total protrusion of the facility;
e. 2 in. x 3 in. map of the project location; and
f. Date by which written comments must be filed with the Zoning Division.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
Public Hearing The Hearing Examiner shall hold at least 1 advertised public hearing for the following.
See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision Maker The Hearing Examiner.
Review Process The Zoning Division will review the application, identify whether additional materials are
needed and prepare a Staff Report to present to the Office of the Hearing Examiner for a
decision.
Updated
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B.2. Dock Facility Extension
Reference LDC sections 5.03.06, 5.03.06 H, 8.10.00, and LDC Public Notice section 10.03.06 H.
Applicability A dock facility extension petition is required for additional protrusion of a dock facility
into any waterway beyond the limits established in LDC section 5.03.06 E.
Pre-Application A pre-application meeting is required.
Initiation The applicant files a “Dock Facility Extension or Boathouse Establishment Petition” with
the Zoning Division.
Non-residential dock facility requests must submit the “Dock Facility Extension or
Boathouse Establishment Petition Application and Submittal Instructions” and comply
with LDC section 5.03.06, as part of the Site Development Plan application.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Property information, including:
a. Property identification number;
b. Section, township, and range;
c. Subdivision, unit, lot and block; and
d. Address of subject site.
3. Zoning information, including:
a. Current zoning and land use of subject property; and
b. Adjacent zoning and land use.
4. Site information, including:
a. Waterway width and where the measurement came from;
b. Total property water frontage;
c. Measurement of provided and required setbacks;
d. Total protrusion of proposed facility into water;
e. Number and length of vessels to use facility; and
d. Additional dock facilities in close proximity of subject property and the total
protrusion of each into the waterway.
5. Narrative description of the project.
6. Signed and sealed survey depicting mean high water (MHW) and mean low water
(MLW), and relevant water depths (no less than 5 foot increments).
7. Pursuant to LDC section 5.03.06 I, a submerged resources survey, as applicable.
8. A chart, drawn to scale, of the waterway at the site, depicting the waterway width,
the proximity of the proposed facility to any adjacent navigable channel, the
proximity of the proposed facility to docks, if any, on the adjacent lots, and the
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unobstructed waterway between the proposed facility and the opposite ba nk or any
dock facility on the opposite bank.
9. Site Plan illustrating the following:
a. Lot dimensions;
b. Required setbacks for the dock facility;
c. Cross section showing relation to MHW/MLW and shoreline (bank, seawall,
or rip-rap revetment);
d. Configuration, location, and dimensions of existing and proposed facility;
e. Water depth where proposed dock facility is to be located;
f. Distance of the navigable channel;
g. Illustration of the contour of the property; and
h. Illustration of dock facility from both an aerial and side view.
10. Narrative response to listed criteria/questions noted in LDC section 5.03.06 H.
11. Signed and notarized affidavit by property owner or agent.
12. Addressing checklist.
13. Electronic copy of all documents.
14. Copies for the Hearing Examiner as identified on the application’s Submittal
Checklist.
Completeness and
Processing of
Application
The Zoning Division 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 petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Hearing Examiner hearing. The County
will mail the letters at the applicant’s expense. The advertisement shall include at a
minimum:
a. Date, time, and location of the Hearing Examiner hearing;
b. Petition number;
c. Extension and total protrusion of the facility; and
d. Date by which written comments must be filed with the Zoning Division.
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2. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Petition number;
c. Address of the facility;
d. Extension and total protrusion of the facility;
e. 2 in. x 3 in. map of the project location; and
f. Date by which written comments must be filed with the Zoning Division.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing for the
following. See Chapter 9 of the Administrative Code for the Office of the Hearing
Examiner procedures.
Decision Maker The Hearing Examiner.
Review Process The Zoning Division will review the application, identify whether additional materials are
needed and prepare a Staff Report to present to the Office of the Hearing Examiner for a
decision.
Updated
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B.3. Boat Lift Canopy with Deviations
Reference LDC sections 5.03.06, 8.10.00, and LDC Public Notice section 10.03.06 H.
Applicability A boat lift canopy with deviations petition is required for a proposed boat lift canopy
that does not meet the standards of LDC section 5.03.06 G.
Pre-Application A pre-application meeting is required.
Initiation The applicant files a “Boat Lift Canopy Application” with the Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Property information, including:
a. Property identification number;
b. Section, township, and range;
c. Subdivision, unit, lot and block; and
d. Address of subject site.
3. Current zoning and land use of subject property.
4. Survey, signed and sealed showing any existing dock facility.
5. Scale drawing of the proposed canopy showing all dimensions.
6. Sample of the fabric for color review.
7. Addressing checklist.
Completeness and
Processing of
Application
The Zoning Division 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 petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Hearing Examiner hearing. The County
will mail the letters at the applicant’s expense. The advertisement shall include at a
minimum:
a. Date, time, and location of the Hearing Examiner hearing;
b. Petition number;
c. Extension and total protrusion of the facility; and
d. Date by which written comments must be filed with the Zoning Division.
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2. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Petition number;
c. Address of the facility;
d. Extension and total protrusion of the facility;
e. 2 in. x 3 in. map of the project location; and
f. Date by which written comments must be filed with the Zoning Division.
3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
Public Hearing The Hearing Examiner shall hold at least 1 advertised public hearing for the following.
See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision Maker The Hearing Examiner.
Review Process The Zoning Division will review the application, identify whether additional materials are
needed and prepare a Staff Report to present to the Office of the Hearing Examiner for a
decision.
Updated
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C. Conditional Uses (CU)
C.1. Conditional Use Permit
Reference LDC section 10.08.00, 8.10.00, LDC Public Notice subsection 10.03.06 B or C, and F.S. §
163.3202
Applicability A conditional use permit is required if the proposed use or development is eligible as a
conditional use or a minor conditional use in the applicable zoning district.
Pre-Application A pre-application meeting is required.
Initiation The applicant files an “Application Ffor Public Hearing Ffor: Conditional Use” with the
Zoning Division.
Application
Contents
The petition should include material necessary to demonstrate that the approval of the
conditional use will be in harmony with the general intent and purp ose of the LDC, will be
consistent with the Growth Management Plan, will not be injurious to the neighborhood or
to adjoining properties, or otherwise detrimental to the public welfare.
The application must include the following:
1. Applicant contact information.
2. Addressing Checklist.
3. A cover letter briefly explaining the proposed project.
4. Disclosure of ownership.
5. The date the subject property was acquired or leased (including the term of the lease).
If the applicant has an option to buy, indicate the date of the option, the date the
option terminates, and anticipated closing date.
6. The name and mailing address of all registered Home Owners Associations and civic
associations whose members are impacted by the application.
7. Pre-application meeting notes.
8. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized
statement of ownership clearly.
9. PUD Ordinance and Development Commitment information , if applicable.
10. A written petition that shows how the proposed use satisfies the findings outlined in
LDC section 10.08.00.
11. Property information, including:
• a. Legal description; or if the conditional use involves only part of a PUD,
only a legal description for the subject portion is required;
• b. Property identification number;
• c. Section, township and range;
• d. Subdivision, unit, lot and block, or metes and bounds description;
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• e. Address of subject site and general location; and
• f. Size of property in feet and acres.
12. If the property owner owns additional property contiguous to the subject property,
then the following information, regarding the contiguous property, must be included:
• a. Legal description;
• b. Property identification number;
• c. Section, township and range; and
• d. Subdivision, unit, lot and block, or metes and bounds description.
13. Zoning information, including:
• Adjacent zoning and land use.
14. Conditional Use request detail, identifying current zoning district, type of use and
present use of property.
15. A description of previous land use applications on the subject property, including
whether a public hearing was held on the property or any abutting properties within
the year preceding the application, and the nature of that hearing.
16. Conceptual site development plans at an appropriate scale showing the proposed
placement of structures on the property, provisions for ingress and egress, off-street
parking and off-street loading areas, refuse and service areas, and required yards, and
other open spaces. The conceptual site development p lan does not replace the site
development plan (SDP) required by Chapter 4 of the Administrative Code.
17. Completed Statement of Utility Provisions.
18. Plans showing proposed locations for utilities.
19. Plans for screening and buffering the use with reference as to type, dimensions, and
character.
20. Plans showing the proposed landscaping and provisions for trees protected by County
regulations.
21. Plans showing the proposed signs and lighting, including type, dimensions, and
character.
22. Environmental Data Requirements. See LDC subsection 3.08.00 A.
23. Environmental Data Requirements for PUD Zoning and Conditional Uses See Chapter
7 of the Administrative Code.
24. Recent aerial photographs must be legible at the scale provided. The aerial shall i dentify
plant and/or wildlife habitats and their boundaries. The identification shall be
consistent with the Florida Department of Transportation Land Use Cover and Forms
Classification System. Developments shall identify, protect, conserve, and appropriately
use native vegetative communities and wildlife habitat.
25. An Architectural Rendering of proposed structures, if applicable, See Chapter 4 A. of
the Administrative Code.
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26. Traffic Impact Study See Chapter 7 of the Administrative Code.
27. If the property is located within an area of historical or archaeological probability, as
identified at the pre-app meeting, a historical and archeological survey or waiver
application.
28. If the zoning district places additional requirements on the requested use, include
documentary evidence that those requirements are met.
29. Permits: All Federal, State, and local permits shall be submitted prior to construction
and before the pre-construction meeting. If approved by the County Manager or
designee, an applicant may submit Federal, State and local agency permits at the pre-
construction meeting.
30. Owner/agent affidavit as to the correctness of the application.
31. Electronic Copy of All Documents.
Completeness
and Processing
of Application
The Planning & Zoning Division 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 petition. This petition
tracking number should be noted on all future correspondence regarding the petition.
Notice for Minor
Conditional Use
petitions
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days prior to the Hearing Examiner’s
receipt of the staff report and application materials in accordance with the applicable
sections of the Administrative Code. The NIM shall be advertised and a mailed written
notice shall be given to property owners in the notification area at least 15 days prior
to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Hearing Examiner hearing.
3. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
• a. Date, time, and location of the hearing;
• b. Description of the proposed land uses; and
• c. 2 in. x 3 in. map of the project location.
4. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
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Notice for all
other
Conditional Use
petitions
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised public hearing.
The NIM shall be advertised and a mailed written notice shall be given to property
owners in the notification area at least 15 days prior to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised public hearing.
3. 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:
• a. Date, time, and location of the hearing;
• b. Description of the proposed land uses; and
• c. 2 in. x 3 in. map of the project location for the Planning Commission
advertisement.
4. Sign: (see format below) Posted at least 15 days before the advertised public hearing
date.
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Public Hearing
for Minor
Conditional Use
petitions
1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9
of the Administrative Code for the Office of the Hearing Examiner procedures.
Minor Conditional Uses are defined in LDC section 8.10.00.
Public Hearing
for all other
Conditional Use
petitions
1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BZA shall hold at least 1 advertised public hearing.
Decision maker
for Minor
Conditional Use
petitions
The Hearing Examiner.
Decision maker
for all other
Conditional Use
petitions
The BZA, following a recommendation from both the EAC, if required, and the Planning
Commission.
Staff Review
Process
The Planning & Zoning Division will review the application, identify whether additional
materials are needed, prepare an Executive Summary, and schedule a hearing date before
the appropriate body to present the petition for review.
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Recording of
Developer
Commitments
Within 30 days of approval of the conditional use, the owner or developer at its expense
shall record in the Public Records of Collier County a Memorandum of Understanding of
Developer Commitments or Notice of Developer Commitments that contains the legal
description of the property that is the subject of the land use petition and contains each
and every commitment of the owner or developer specified in the conditional use. The
Memorandum or Notice shall be in form acceptable to the County and shall comply with
the recording requirements of Chapter 695, F.S. A recorded copy of the Memorandum or
Notice shall be provided to the assigned Principal Planner, Zoning Services
DepartmentDivision, within 15 days of recording of said Memorandum or Notice.
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C.2. Conditional Use Extension
Reference LDC section 10.08.00 and 8.10.00, and LDC Public Notice subsection 10.03.06 D.
Applicability This establishes a process to extend the life of an approved conditional use permit.
Pre-Application A pre-application meeting is required.
Initiation The applicant files an “Application Ffor Public Hearing Conditional Use Extension”
with the Planning & Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Disclosure of ownership information.
3. The date the subject property was acquired or leased (including the term of the
lease). If the applicant has an option to buy, indicate the date of the option,
the date the option terminates, and anticipated closing date.
4. Property information, including:
• a. Legal description;
• b. Property identification number;
• c. Plat book and page number;
• d. Section, township and range;
• e. Subdivision, unit, lot and block, or metes and bounds description;
• f. Address of subject site and general location; and
• g. Size of property in feet and acres.
5. Zoning information, including:
• a. Zoning of adjacent properties when original Conditional Use was
approved;
• b. Land use of adjacent properties when original Conditional Use
was approved;
• c. Current zoning of adjacent properties; and
• d. Current land use of adjacent properties.
6. Two copies of a signed and sealed boundary survey (completed within the last 6
months, maximum 1 in. = 400 ft. scale) if required to do so at the pre-
application meeting.
7. Conditional Use extension request detail, identifying current zoning district,
type of use and present use of property.
8. Copies of Warranty Deed(s) for the current property owners.
9. A narrative statement describing the request for conditional use extension and
how it meets the criteria discussed in LDC section 10.08.00.
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10. How the request remains consistent with the applicable sections of the LDC and
GMP, including the future land use element; any GMP amendments since the
approval of the conditional use; identify any development/redevelopment that
has occurred on adjacent parcels and what effect, if any, an extension would
have on those uses; and any additional relevant information.
11. A description of previous land use applications on the subject property,
including whether a public hearing was held on the property or any abutting
properties within the year preceding the application, and the nature of that
hearing.
12. Cover letter briefly explaining the project.
13. Pre-application meeting notes.
14. A site plan (measuring no larger than 24 in. x 36 in.) and a conceptual site plan
measuring 8½ in. x 11 in.
15. Owner/agent affidavit as to the correctness of the application.
16. Traffic Impact Study See Chapter 7 of the Administrative Code.
17. Electronic copy of all documents.
18. Copies of the previously approved conditional use site plans, and one reduced
8½ in. x 11 in. copy of the site plan. The applicant shall provide additional
copies of the plan upon completion of Staff’s evaluation for distribution to the
Board, if requested by the staff planner.
19. The resolution that approved the conditional use.
20. A copy of the original application for the conditional use.
21. Addressing Checklist.
Completeness and
Processing of
Application
The Planning & Zoning Division 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 petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice for Minor
Conditional Use
Extension petitions
and all other
Conditional Use
Extension petitions
Notification requirements are as follows. See Chapter 8 of the Administrative
Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the
notification area at least 15 days before the advertised public hearing.
2. 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:
• a. Date, time, and location of the hearing; and
• b. Description of the proposed land uses.
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3. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Division will review the application, identify whether
additional materials are needed and prepare a Staff Report to present to the Office
of the Hearing Examiner for a decision.
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C.3. Conditional Use Re -Review
Reference LDC section 10.08.00 and 8.10.00 and LDC Public Notice subsection 10.03.06 D.
Applicability If a Conditional Use is approved with stipulations, the Conditional Use is reviewed to
determine whether the applicant has met the conditions of approval or whether
additional stipulations are necessary. The Hearing Examiner will establish the time
period or dates when the conditional use is subject to review. This is a mandatory
procedure for any applicant holding a valid conditional use permit that has
stipulations.
Pre-Application A pre-application meeting is required.
Initiation The applicant files a “Conditional Use Re-review” application with the Planning &
Zoning Division.
Application
Contents
The application must include the following:
1. Applicant Contact Information.
2. A letter describing the request.
3. All documents necessary to address the conditions or stipulations.
4. Pre-application meeting notes.
5. Addressing checklist.
Completeness and
Processing of
Application
The Planning & Zoning Division 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 petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice for Minor
Conditional Use Re-
Review petitions
and for all other
Conditional Use Re-
Review petitions
Notification requirements are as follows. See Chapter 8 of the Administrative
Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the
notification area at least 15 days before the advertised public hearing.
2. 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:
• a. Date, time, and location of the hearing; and
• b. Description of the proposed land uses.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
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Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Division will review the application, identify whether
additional materials are needed and prepare a Staff Report to present to the Office
of the Hearing Examiner for a decision.
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D. Development of Regional Impact (DRI)
D.1. DRI Application – Establishment of a new DRI
Reference LDC Public Notice subsection 10.03.06 I and F.S. § 380.06 and 380.0651
A DRI involves the review and input by the Florida Department of Economic Opportunity (DEO)
and the Southwest Florida Regional Planning Council (SWFRPC). See swfrpc.org/dri.html.
Applicability This section applies to the establishment of a DRI.
See F.S. § 380.0651 and FAC 28-24 (DRI thresholds) for statewide guidelines and standards
to determine whether DRI review is required.
See Chapter 14 - Appendix A of the Administrative Code for a flow chart of State, Regional
and Local review process.
Pre-Application A pre-application meeting is required.
Initiation If certain thresholds are met, DRI review is required. See F.S. § 380.06(2) and 380.0651 and
FAC 28-24.
The applicant files the County’s “Application Ffor Public Hearing Ffor DRI Application for
Development Approval (DRI),” and Aapplicants must submit an Application for Development
Approval (ADA) for a DRI simultaneous review with a growth management plan amendment
per 380.061(6), F.S.
The DRI applications are available from the DEO and are listed in FAC 73C-40.010 and its
website at www.floridajobs.org.
Application
Contents
The County’s application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Disclosure of ownership.
4. Completed ADA form with all attachments.
5. Draft DRI Development Order to address the proposed change.
6. Property information, including:
• a. Legal description of subject property and any contiguous property owned by
the applicant;
• b. If the application involves a change to more than one zoning district, include
a separate legal description for each district;
• c. Property identification number;
• d. Section, township and range;
• e. Subdivision, unit, lot and block, or metes and bounds description;
• f. Address of subject site and general location; and
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• g. Size of property in feet and acres.
7. An explanation of whether the requested action is consistent with the Growth
Management Plan.
8. A statement of whether a public hearing was held on the property within the year
preceding the application and an explanation of that hearing.
9. A detailed narrative statement that explains the requested action and why this action is
proposed. Provide applicable supporting material, and a list of all previous actions on the
subject site, beginning with the original DRI/PUD approval and including all subsequent
amendments. Include the hearing number, hearing dates and a summary of the approved
action.
10. A description of any sale or development of the DRI.
11. Traffic Impact Study See Chapter 7 of the Administrative Code.
12. Environmental Data Requirements. See LDC subsection 3.08.00 A.
13. An 8½ in. x 11 in graphic location map of the site.
14. Signed and sealed survey, no older than 6 months.
15. DRI Development Order Master Plan.
16. Copies of Notices sent to DEO and RPC.
17. Pre-application meeting notes.
18. Owner/agent affidavit as to the correctness of the application.
19. Electronic copy of all documents.
Completeness
and Processing
of Application
The Planning & Zoning Division 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 petition. This petition tracking number should
be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information. See F.S. § 380.06(11) for additional notice requirements if the
DRI is proposed within the jurisdiction of more than one local government.
1. Mailed Notice: Written notice shall be sent to property owners in the notification area at
least 15 days before the advertised Planning Commission hearing.
2. 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: See F.S. §.380.06 for State publication
requirements.
• a. Date, time, and location of the hearing;
• b. Description of the proposed land uses; and
• c. 2 in. x 3 in. map of the project location
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3. Sign: (see format below) Posted at least 15 days before the advertised Planning
Commission hearing date.
Public Hearing 1. SWFRPC staff notifies Collier County that it may schedule a public hearing to consider a
Development Order. The County will set the public hearing at its next scheduled meeting.
The hearing is held within 90 days after the SWFRPC’s notice, unless the applicant requests
an extension. Both the Planning Commission and the BCC will conduct a public hearing.
2. The Planning & Zoning Division will record the hearing proceedings by tape or a certified
court reporter and make the recordings available for transcription at the expense of any
interested party. See FS § 380.06(11)
Decision maker The BCC, following a recommendation from the Planning Commission.
Review Process 1. RPC determines sufficiency. See F.S. § 380.06(10).
2. Report and recommendation by RPC, See F.S. § 380.06(12).
3. The County will review the application at the same time as the Growth Manag ement Plan
amendment application, prepare an Executive Summary, and schedule a hearing date
before the Planning Commission and the BCC to present the petition for approval.
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Timing Pursuant to F.S. § 380.06(15)(b)), the BCC must render a decision on the ap plication within 30
days after the hearing unless an extension is requested by the developer, pursuant to F.S. §
380.06(15)(a).
Changes to
Approval
See F.S. § 380.06(19) for substantial deviations to a DRI.
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D.2. DRI Abandonment
Reference LDC Public Notice subsection 10.03.06 I and F.S. § 380.06(26); FAC 73C-40.0251.
Applicability This establishes a process for the County, a property owner, or developer to
abandon a valid DRI.
This does not apply to an application to abandon a preliminar y development
agreement with the Florida DEO, which is governed by F.S. § 380.06(8)(a).11 and
FAC 73C-40.0185.
Pre-Application A pre-application meeting is required.
Initiation The applicant files the following applications:
1. “Application for Public Hearing, Abandonment of a Development of Regional
Impact” (DRIABN);
2. “Application for Abandonment of a Development of Regional Impact,” with all
attachments (FORM DEO-BCP-ABANDONMENT DRI-1). This form is available
on the Florida DEO website.
Application Contents The application must include the following:
1. Applicant contact information.
2. Disclosure of ownership.
3. DRI Development Order name and number.
4. Property information, including:
• a. Legal description of subject property and any contiguous
property owned by the applicant;
• b. If the application involves a change to more than one zoning
district, include a separate legal description for each district;
• c. Property identification number;
• d. Section, township and range;
• e. Subdivision, unit, lot and block, or metes and bounds description;
• f. Address of subject site and general location; and
• g. Size of property in feet and acres.
5. A narrative and detailed explanation of the reason for seeking abandonment.
6. Completed State Abandonment form with all attachments.
7. Completed DEO Application for Abandonment of DRI and copies of the
submittal letters submitted to DEO and RPC.
8. An explanation of whether the abandonment is consistent with the Growth
Management Plan.
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9. A statement of whether a public hearing was held on the property within the
year preceding the application and an explanation of that hearing.
10. A description of any sale or development of the DRI.
11. An 8½ in. x 11 in. graphic location map of the site.
12. DRI Development Order Master Plan.
13. Pre-application meeting notes.
14. Owner/agent affidavit as to the correctness of the application
15. Electronic copies of all documents.
Completeness and
Processing of
Application
The Planning & Zoning Division 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 petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice Notice is provided by the County to DEO and the RPC 45 days before the BCC
hearing, See FAC 73C-40.0251(1)(b).
Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the
Planning Commission.
Review Process 1. The County will review the application, identify whether additional materials
are needed, prepare an Executive Summary, and schedule a hearing date
before the Planning Commission and the BCC to present the petition for
approval.
2. At the public hearing, the BCC will render a written decision to grant, grant
with conditions, or deny the request for abandonment within 30 days of the
public hearing, See FAC 73C-40.0251(2)(c)-(e).
Recording The County will issue a notice of the abandonment within 15 days after any appeal
is resolved or after the appeal period expires. See FAC 73C-40.0251(2)(e).
Appeal See F.S. § 380.07.
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D.3. DRI Amendment
Reference LDC subsection 10.02.13 E.1.j, LDC Public Notice subsection 10.03.06 HI and F.S. §
380.06(19)
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E. Mixed Use Project (MUP) – Public Hearing for use of Bonus Density Pool
and/or other Deviations
Reference LDC sections 4.02.16 C.8, 10.02.15 and LDC Public Notice subsection 10.03.06 N.
Applicability This procedure applies to a request for a mixed use project (MUP) within the Bayshore
Gateway Triangle Redevelopment Area which seeks to utilize the Bonus Density Pool
and/or other deviations.
Eligible Applicants Property owners in the following zoning districts:
1. Bayshore Mixed Use District, Neighborhood Commercial (BMUD -NC) Subdistrict
2. Bayshore Mixed Use District, Waterfront (BMUD-W) Subdistrict
3. Gateway Triangle Mixed Use District Overlay, Mixed Use District (GTMUD-MXD)
Subdistrict
Pre-application A pre-application meeting is required.
Initiation The applicant files a “Mixed Use Project Plan (MUP) with Deviations- Public Hearing,” with
the Planning & Zoning Division.
Application
Contents
MUPs that require a public hearing shall follow the applicable submittal requirements of a
Conditional Use in Chapter 3 C. of the Administrative Code. In addition, pursuant to LDC
subsection 10.02.15 A.2., the applicant shall prepare a conceptual plan depicting mixed
use development and noting all deviations.
Completeness and
Processing of
Application
The Planning & Zoning Division 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 petition. This petition
tracking number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows: See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Planning Commission hearing.
3. 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:
• a. Date, time, and location of the hearing;
• b. Description of the proposed land uses; and
• c. 2 in. x 3 in. map of the project location for the BZA advertisement.
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4. Sign: (see format below) Posted at least 15 days before the advertised Planning
Commission hearing date.
Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BZA shall hold at least 1 advertised public hearing.
Decision maker The BZA, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process The Planning & Zoning Division will review the application, identify whether additional
materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC,
if required, and Planning Commission to present the petition for review.
Following the recommendation by the Planning Commission, the Planning & Zoning
Division will prepare an Executive Summary and schedule a hearing date before the BZA to
present the petition for review.
Updated
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F. Parking Exemption – With a Public Hearing
Reference LDC subsection 4.05.02 K.3, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 G.
Applicability This procedure applies to relief from the various minimum parking requi rements
established within the LDC and shall follow the circumstances identified in LDC
subsection 4.05.02 K.3.a.
Pre-Application A pre-application meeting is not required but may be requested.
Initiation The applicant files an “Application Ffor Public Hearing Ffor Parking Exemption” with
the Planning & Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Property information of principal site and off-site parking, if applicable,
including:
• a. Legal description;
• b. Property identification number;
• c. Section, township, range, Plat book and page number;
• d. Subdivision, unit, lot and block, or metes and bounds description;
• e. Address and general location; and
• f. Size of property in feet and acres.
3. Zoning information, including:
• a. Zoning classification of any proposed off-site parking; and
• b. Zoning and type of land use of the property that the Parking
Exemption is proposed to serve.
4. The name and mailing address of all registered Home Owners Association’s that
could be affected by the application.
5. Disclosure of ownership.
6. Project information, with the following included:
• a. Total number of parking spaces required for the project;
• b. Number of parking spaces proposed to be located off-site;
• c. Whether the proposed parking lot is separated from the
permitted use by a collector or arterial roadway, and the roadway
name; and
• d. Whether the permitted use is proposed to share required parking
with another permitted use.
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7. A narrative statement describing the request with specific reference to the
criteria noted in LDC subsection 4.05.02 K.3.b., and any backup materials or
documentation.
8. Pre-application meeting notes, if applicable.
9. Addressing checklist.
10. If required, a Boundary Survey (completed within the last 6 months, maximum 1
in. to 400 ft. scale) that is abstracted, signed, sealed and prepared by a Florida
registered land surveyor. The boundary survey must include the following:
• a. The location and dimensions of all property lines, existing streets
or roads, easements, rights-of-way, and areas dedicated to the public;
and
• b. An Attorney’s Opinion of Title or by a sworn statement from the
property owners stating that they have provided sufficient
information to the surveyor to allow the accurate depiction of the
information on the survey.
11. A conceptual site plan drawn to a maximum 1 in. to 400 ft. scale. The plan must
measure 24 in. x 36 in. along with a reduced 8½ in. x 11 in. copy. The site plan
shall show the following information:
• a. All existing and proposed structures and their dimensions;
• b. Provisions for existing and/or proposed ingress and egress
(including pedestrian ingress and egress to the site and the structure(s)
on site);
• c. All existing and/or proposed parking and loading areas (including a
matrix that indicates required and provided parking and loading,
including required parking for the disabled);
• d. Required yards, open space and preserve areas; and
• e. Proposed and/or existing landscaping and buffering as may be
required by the County.
12. Owner/agent affidavit as to the correctness of the application.
13. A copy of the last recorded deed, contract for sale or agreement for sale, or a
notarized statement of ownership clearly
14. Map of property location.
15. 10-Year Lease Agreement, if required by the approval criteria.
16. Electronic copies of all documents.
17. Agent Letter review. Following the initial staff review comments and prior to
second submittal the following Agent Letter materials shall be submitted to the
assigned Planner for review and approval:
a. A list of the names and addresses of property owners to receive the
Agent Letter; and
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b. Draft of the Agent Letter.
Completeness and
Processing of
Application
The Planning & Zoning Division 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., XX201200000) assigned to the
petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative
Code for additional notice information.
1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet
of the subject property following the initial staff review comments and prior to
the second submittal. See Application Contents for review and approval of letter
materials. NIM: The NIM shall be completed at least 15 days before the
advertised Hearing Examiner hearing. The NIM shall be advertised and a mailed
written notice shall be given to property owners in the notification area at least
15 days prior to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the
notification area at least 15 days before the advertised public hearing.within
150 feet of the subject site describing the extent and nature of the parking
exemption within 30 days of receipt of the letter indicating that the application
is determined to be complete.
3. 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:
• a. Date, time, and location of the hearing; and
• b. Clear explanation of the parking relief sought.
4. Sign: (see format below) Posted at least 15 days before the advertised public
hearing date.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
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Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Division will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report, utilizing the
criteria identified in LDC subsection 4.05.02 K.3, to present to the Office of the
Hearing Examiner for a decision.
Updated
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G. Planned Unit Developments (PUD)
G.1. Rezoning to a PUD
Reference LDC subsection 10.02.13 A – F, LDC Public Notice subsection 10.03.06 B and F.S. § 163.3202.
Applicability This procedure applies to a request to rezone to a PUD.
Pre-Application A pre-application meeting is required. The pre-application meeting with the Planning &
Zoning Division may address, but is not be limited to, the criteria set forth in LDC subsection
10.02.13 B.1. The applicant is encouraged to bring an aerial, proposed product type, and
land uses to discuss.
Initiation The applicant files an “Application for Public Hearing for a PUD Rezone” with the Planning &
Zoning Division.
Application
Contents
The application must include the following information:
1. Applicant contact information.
2. Addressing checklist.
3. A PUD Master Plan. See Master Plan Contents below.
4. Name of project.
5. The name and mailing address of all registered Home Owners Association’s that could be
affected by the application.
6. Disclosure of ownership.
7. The date the subject property was acquired or leased (including the term of the lease). If
the applicant has an option to buy, indicate the date of the option, the date the option
terminates, and anticipated closing date.
8. Property information, including:
• a. Legal description;
• b. Property identification number;
• c. Section, township and range;
• d. Subdivision, unit, lot and block, or metes and bounds description;
• e. Address of subject site and general location;
• f. Size of property in feet and acres; and
• g. PUD district.
9. If the property owner owns additional property contiguous to the subject property, then
the following information, regarding the contiguous property, must be included:
• a. Legal description;
• b. Property identification number;
• c. Plat book and page number;
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• d. Section, township and range; and
• e. Subdivision, unit, lot and block, or metes and bounds description.
10. Detail of rezone request.
11. A narrative statement describing the rezone request with specific reference to the
criteria pursuant to LDC section 10.02.13.
12. List of exhibits which are proposed to be included in the ordinance of adoption.
13. Completed Statement of Utility Provisions.
14. Statement of compliance with all elements of the Growth Management Plan.
15. General location map drawn to scale, illustrating north point and relationship of the site
to external facilities such as highways, shopping areas, cultural complexes and the like.
16. Property ownership and general description of site (including statement of unified
ownership).
17. Description or narrative of project development, including a description of the
relationship of the proposed land uses to each other within the PUD and to land uses
abutting/surrounding the project.
18. Boundary survey (no more than 6 months old) and legal description.
19. Proposed and permitted land uses within each tract or increment which shall be
incorporated into the ordinance of adoption.
20. A dimensional standards table for each type of land use proposed within the PUD.
Dimensional standards shall be based upon an established zoning district that most
closely resembles the development strategy, particularly the type, density, and intensity
of each proposed land use. All proposed variations or deviations from dimensional
standards of the most similar zoning district shall be clearly identified. No deviations
from the fire code will be permitted, except as otherwise allowed by that code. This
table shall be incorporated into the ordinance of adoption.
21. The proposed timing for location of, and sequence of phasing, or incremental
development within the PUD.
22. The proposed location of all roads and pedestrian systems, with typical cross sections,
which will be constructed to serve the PUD and shall be attached as exhibits to the
ordinance of adoption.
23. Habitats and their boundaries identified on an aerial photograph of the site. Habitat
identification will be consistent with the Florida Department of Transportation Florida
Land Use Cover and Forms Classification System (FLUCFCS) and shall be depicted on an
aerial photograph having a scale of 1 inch equal to at least 200 feet when available from
the county, otherwise, a scale of at least 1 inch equal to 400 feet is acceptable.
Information obtained by ground-truthing surveys shall have precedence over
information presented through photographic evidence. Habitat, plant, and animal
species protection plans as required by the LDC section 3.04.00 shall apply.
24. Environmental Data Requirements. See LDC subsection 3.08.00 A.
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25. Environmental Data Requirements for PUD zoning See Chapter 7 of the
Administrative Code.
26. Information about existing vegetative cover and soil conditions in suf ficient detail to
indicate suitability for proposed structures and uses.
27. The location and nature of all existing public facilities, such as schools, parks and fire
stations that will service the PUD.
28. A plan for the provision of all needed utilities to serve the PUD; including (as
appropriate) water supply, sanitary sewer collection and treatment system, stormwater
collection and management system, pursuant to related county regulations and
ordinances.
29. Electronic copy of all documents.
30. Owner/agent affidavit as to the correctness of the application.
31. Historical/Archeological Survey or Waiver.
32. Traffic Impact Study. See Chapter 7 of the Administrative Code.
33. Agreements, provisions, or covenants which govern the use, maintenance, and
continued protection of the PUD and any of its common areas or facilities.
34. Development commitments for all infrastructure and related matters.
35. When determined necessary to adequately assess the compatibility of proposed uses to
existing or other proposed uses, relationship to open space, recreation facilities, or
traffic impacts, or to assess requests for reductions in dimensional standards, the
Planning & Zoning Division Director may request schematic architectural drawings (floor
plans, elevations, perspectives) for all proposed structures and improvements, as
appropriate.
36. Deviations to sections of the LDC other than to dimensional standards related to
building placement such as yard requirements, lot area requirements, and building
height, shall be identified in the PUD application by citing the specific section number of
the regulation and indicating the proposed modification to such regulation. The list of
deviations shall be incorporated into the ordinance of adoption.
37. School Impact Analysis (SIA) application for the School District’s review for a
determination of school capacity, if the PUD has a residential component.
PUD Master Plan
Contents
Pursuant to LDC subsection 10.02.13 A, the PUD Master Plan will graphically illustrate the
development strategy, using The Community Character Plan For Collier County, Florida (April
2001) as a guide for development and redevelopment. The PUD Master Plan shall be
prepared by a planner who possesses the education and experience to qualify for full
membership in the American Institute of Certified Planners; and/or a landscape architect
who possesses the education and experience to qualify for full membership in the American
Society of Landscape Architects, together with either a practicing civil engineer licensed by
the State of Florida, or a practicing architect licensed by the State of Florida.
The Master Plan shall include the following:
1. The title of the project and name of the developer.
2. Scale, date, north arrows.
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3. Boundaries of the subject property. Indicate all existing streets and pedestrian systems
within the site, watercourses, easements, and land uses and zoning districts of abutting
property. Include book and page numbers of platted parcels, section lines, and other
important physical features within and adjoining the proposed development.
4. Boundaries and dimensions of all proposed tracts or increments with an indication of
the proposed land use category, including but not limited to:
• a. Residential (for multiple single-family lots, only the overall area reserved
for this land use category shall be indicated);
• b. Office;
• c. Retail;
• d. Commercial;
• e. Industrial;
• f. Institutional;
• g. Conservation/preservation;
• h. Lakes and/or other water management facilities;
• i. Common open space;
• j. Buffers, by type – include a cross-section for any buffer that deviates from
LDC requirements;
• k. Community and/or public use – designate the location and function (e.g.,
common open space), and whether they are dedicated or reserved; and
• l. Recreational uses including golf courses and related facilities – include
provisions for ownership, operation, and maintenance.
5. Identify all proposed and permitted land uses, pursuant to LDC section 2.03.06, within
each tract or increment describing:
• a. For residential Ddevelopment:
o i. Acreage;
o ii. Number of dwelling units;
o iii. Density; and
o iv. Percentage of total development represented by each type of
use.
• b. For commercial, industrial, institutional or office:
o i. Percentage of the total development represented by each type of
use;
o ii. Acreage (each tract or increment);
o iii. Maximum gross leasable floor area (each tract or increment);
o iv. Outline of the proposed building footprint (each tract or
increment); and
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o v. Building height for each structure (each tract or increment).
6. The relationship of the proposed land uses to each other within the PUD and to the land
uses abutting and surrounding the project.
7. The location and size (as appropriate) of all existing drainage, water, sewer, and other
utilities.
8. The location of all proposed major internal thoroughfares and pedestrian accessways,
including interconnecting roadways within the PUD as well as with abutting uses.
9. Typical cross sections of all major, collector, and local streets, public or private, within
the proposed development.
10. The location of proposed and existing roads, rights-of-way, and pedestrian systems
within 1,500 feet of the proposed development.
11. Information on previous and recent uses of land within the proposed development.
12. Proposed vehicular ingress and egress points.
13. Any other relevant information determined to be necessary by the Planning & Zoning
Division Director.
Completeness and
Processing of
Application
The Planning & Zoning Division 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., XX201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
After the application is filed, pre-hearing conferences may be held between the applicant,
the applicant’s agents, county officials, and county staff prior to the public hearing.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification area
at least 15 days before the advertised Planning Commission hearing.
3. 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:
• a. Date, time, and location of the hearing;
• b. Description of the proposed land uses;
• c. 2 in. x 3 in. map of the project location; and
• d. Name and application number.
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4. Sign: (see format below) Posted at least 15 days before the advertised Planning
Commission hearing date.
Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process The Planning & Zoning Division will review the application and identify whether additional
materials are needed. Pursuant to LDC subsection 10.02.13 B.3, Staff will prepare a Report
utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria identified
in LDC section 10.02.08.
Staff will schedule a hearing date before the Planning Commission to present the petition.
Following the Planning Commission’s review, Staff will prepare an Executive Summary and
will schedule a hearing date before the BCC to present the petition.
Updated
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G.2. PUD Amendment
Reference LDC subsection 10.02.13 E and LDC Public Notice subsection 10.03.06 B.
Applicability This process applies to any request to amend an approved PUD that cannot be considered
an Insubstantial change or Minor change and therefore is a Substantial change as defined
in LDC subsection 10.02.13 E.
Pre-Application A pre-application meeting is required.
Initiation The applicant files an “Application Ffor Public Hearing For: Amendment Tto PUD (PUDA)”
with the Planning & Zoning Division.
Application
Contents
The application shall include a detailed written narrative describing all of the change(s)
and the reasons for the request and shall follow the Application Contents required for a
PUD Rezone. See Chapter 3 G.1 of the Administrative Code.
In addition, all PUD documents are required to be submitted with the PUDA application.
See Chapter 3 of the Administrative Code for PUD Requirements.
Completeness and
Processing of
Application
The Planning & Zoning Division 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 petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice Notification requirements are as follows: See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Planning Commission hearing.
3. 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:
• a. Date, time, and location of the hearing;
• b. Description of the proposed land uses; and
• c. 2 in. x 3 in. map of the project location for the Planning Commission
advertisement.
4. Sign: (see format below) Posted at least 15 days before the advertised Planning
Commission hearing date.
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Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process The Planning & Zoning Division will review the application and identify whether additional
materials are needed. Pursuant to LDC subsection 10.02.13 B.3, Staff will prepare a
Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria
identified in LDC section 10.02.08.
Staff will schedule a hearing date before the Planning Commission to present the petition.
Following the Planning Commission’s review, Staff will prepare an Executive Summary and
will schedule a hearing date before the BCC to present the petition.
Updated
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G.3. PUD Insubstantial Change
Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 H.
Applicability This process applies to insubstantial changes to a PUD Master Plan which meets the
thresholds in LDC subsection 10.02.13 E.
Pre-Application A pre-application meeting is required.
Initiation The applicant files an application for an “Insubstantial Change Tto PUD Master Plan
(PDI)” with the Planning & Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Disclosure of ownership.
3. PUD Ordinance and Development Commitment information.
4. A legal or graphic description of the area of amendment. This may be
graphically illustrated on the Amended PUD Master Plan. If the amendment
involves only part of the PUD, provide a legal description for the subject portion.
5. A narrative and detailed description of the amendment and why it is necessary.
6. An analysis of whether the amendment complies with the Growth Management
Plan.
7. Whether a public hearing was held for the property within the year preceding
the application. If this has occurred, include the applicant’s name.
8. Whether any part of the PUD has been sold or developed, and whether the
proposed changes involve those areas.
9. Current and revised Master Plans, along with a reduced copy of each, describing
the proposed changes of the following:
• a. Land use;
• b. Densities;
• c. Infrastructure;
• d. Open space, preservation or conservation areas;
• e. Area of building square footage proposed for nonresidential
development;
• f. Change in potential intensity of land use and related automobile
trip movements; and
• g. Relationships to abutting land uses.
10. Addressing checklist.
11. An 8½ in. x 11 in. graphic location map of the site.
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12. Pre-application meeting notes.
13. Owner/agent affidavit as to the correctness of the application.
14. Electronic copies of all documents.
Completeness and
Processing of
Application
The Planning & Zoning Division 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., XX201200000) assigned to the
petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative
Code for additional notice information.
1. NIM: A NIM is required, however upon written request by the applicant the
Hearing Examiner has the discretion to waive the NIM after the first set of
review comments have been issued. If the NIM has not been waived, it shall be
completed at least 15 days before the advertised Hearing Examiner hearing. The
NIM shall be advertised and a mailed written notice shall be given to property
owners in the notification area at least 15 days prior to the NIM meeting.
12. Mailed Notice: Written notice shall be sent to property owners in the
notification area at least 15 days before the advertised Hearing Examiner
hearing.
23. Newspaper Advertisements: The legal advertisement shall be published at least
15 days before the advertised Hearing Examiner hearing in a newspaper of
general circulation. The advertisement shall include at a minimum:
• a. Date, time, and location of the hearing;
• b. Description of the proposed land uses; and
• c. 2 in. x 3 in. map of the project location.
34. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
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Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Division will review the application and identify whether
additional materials are needed. Pursuant to LDC subsection 10.02.13 B.3, Staff will
prepare a Staff Report utilizing the criteria identified in LDC subsection 10.02.13 E,
to present to the Office of the Hearing Examiner for a decision.
The Hearing Examiner will approve, approve with conditions, or deny the
application utilizing the criteria in LDC subsection 10.02.13 E.
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G.4. PUD Minor Change
Reference LDC subsection 10.02.13 E, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 T.
Applicability The following are considered minor changes:
1. Educational and ancillary plants. These include PUD master plans that are amended
for the sole purpose of adding an educational and/or ancillary plant.
2. Removal of Affordable Housing Contributions. The County Manager or designee may
allow minor text changes to remove affordable housing commitments to pay an
affordable housing contribution in PUDs, Development Agreements, and Settlement
Agreements. Conditions are identified in LDC subsection 10.02.13 E.
3. Minor Changes during Construction. The County Manager or designee may allow
minor changes to the PUD Master Plan during its subdivision improvements plan or
site development plan process to accommodate topography, vegetation and other
site conditions not identified or accounted for during its original submittal and review
and when said changes have been determined to be compatible with adjacent land
uses, have no impacts external to the site, existing or proposed, and is otherwise
consistent with the provisions of this code and the growth management plan. These
changes include the following:
• a. Internal realignment of rights-of-way, including a relocation of access
points to the PUD itself, where no water management facility,
conservation/preservation areas, or required easements are affected or
otherwise provided for;
• b. Relocation of building envelopes when there is no encroachment upon
required conservation or preservation areas;
• c. Relocation of swimming pools, clubhouses, or other recreation facilities
that do not affect adjacent properties or land uses; and
• d. Relocation or reconfiguration of lakes, ponds, or other water facilities
subject to the submittal of revised water management plans or approval of
the EAC where applicable.
Pre-application A pre-application meeting is not required.
Initiation The applicant files a “Minor Change to a PUD Master Plan or Text (PMC)” application with
the Planning & Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Disclosure of ownership.
3. PUD Ordinance and Development Commitment information.
4. A legal or graphic description of the area of amendment. This may be graphically
illustrated on the Amended PUD Master Plan. If the amendment involves only part of
the PUD, provide a legal description for the subject portion.
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5. The current PUD Master Plan, See Chapter 3 G.1 of the Administrative Code for
requirements and the changes in potential intensity of land use, changes in trips and
relationships to abutting land uses.
• Include any previously revised Master Plans.
6. A narrative and detailed description of the map change and reason for request.
7. An analysis of whether the amendment complies with the Growth Management Plan.
8. Whether a public hearing was held for the property within the year preceding the
application. If this has occurred, include the applicant’s name and number.
9. Whether any part of the PUD has been sold or developed, and whether the proposed
changes involve those areas.
10. For removal of affordable housing commitments, a completed Letter to Property
owners as identified in the application.
11. Addressing checklist.
12. An 8½ in. x 11 in. graphic location map of the site.
13. Owner/agent affidavit as to the correctness of the application.
14. Electronic copies of all documents.
Completeness and
Processing of
Application
The Planning & Zoning Division 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., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice Notification requirements are as follows for Removal of Affordable Housing Contributions:
See Chapter 8 of the Administrative Code for additional notice information.
1. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Hearing Examiner hearing.
Public Hearing 1. No public hearing is required for adding educational and ancillary plants to a PUD or
minor changes to a PUD Master Plan during construction.
2. A hearing before the Hearing Examiner may be required to remove affordable housing
contributions, pursuant to LDC subsection 10.02.13.E.
Decision maker The County Manager or designee or the Hearing Examiner.
Review Process Minor changes are reviewed by the Planning & Zoning Division staff and may be approved
by the County Manager or designee.
If a public hearing is required to remove Affordable Housing Contributions, Staff will
prepare a Staff Report and Staff will schedule a hearing date before the Hearing Examiner
to present the petition for review.
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Appeals Administrative appeals shall be in accordance with the Code of Laws section 250-58.
Updated
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G.5. PUD Extension
Reference LDC subsection 10.02.13 D, LDC section 8.10.00, and LDC Public Notice subsection
10.03.06 D.
Applicability This process applies to request to extend the life of a PUD before or after it “sunsets.” A
PUD “sunsets” when it does not meet the time frames and development criteria outlined
in LDC section 10.02.13. Once a PUD has “sunset,” applications for additional
development orders are not processed until there is an extension, PUD amendment, or
new PUD rezoning.
Pre-Application A pre-application meeting is required.
Initiation The applicant files an “Application For Public Hearing For PUD Extension” with the
Planning & Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Disclosure of ownership.
3. The name and mailing address of all registered Home Owners Association’s that could
be affected by the application.
4. The date the subject property was acquired or leased (including the term of the lease).
If the applicant has an option to buy, indicate the date of the option, the date the
option terminates, and anticipated closing date.
5. PUD Ordinance and Development Commitment information.
6. Property information, including:
• Legal description;
• Property identification number;
• Plat book and page number;
• Section, township and range;
• Subdivision, unit, lot and block, or metes and bounds description;
• Address of subject site and general location; and
• Size of property in feet and acres.
7. If the property owner owns additional property contiguous to the subject property,
then the following information, regarding the contiguous property, must be included:
• Legal description;
• Property identification number;
• Plat book and page number;
• Section, township and range; and
• Subdivision, unit, lot and block, or metes and bounds description.
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8. Zoning information, including:
• Zoning and Land Use of adjacent properties.
9. Extension request information regarding sunsetting, previous extension s, and history
of previous zoning approvals.
10. How the PUD remains consistent with the Growth Management Plan, including
density, intensity and concurrency requirements.
11. How the PUD is compatible with existing and proposed uses in the surrounding area.
12. A description of whether the PUD development places an unreasonable burden on
essential public facilities.
13. Aerial photograph(s) (taken within the previous 12 months at a minimum scale of 1 in.
= 400 ft.). The aerial shall identify plant and/or wildlife habitats and their boundaries.
The identification shall be consistent with the Florida Department of Transportation
Land Use Cover and Forms Classification System. Developments shall identify, protect,
conserve, and appropriately use native vegetative communities and wildlife habitat.
14. Deed Restrictions.
15. A written statement addressing LDC subsection 10.02.13 D.
16. Pre-application meeting notes.
17. Addressing checklist.
18. An 8½ in. x 11 in. graphic location map of the site.
19. Environmental Data Requirements. See LDC subsection 3.08.00 A.
20. Traffic Impact Study See Chapter 7 of the Administrative Code.
21. Owner/agent affidavit as to the correctness of the application.
22. Electronic copies of all documents.
Completeness and
Processing of
Application
The Planning & Zoning Division 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., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice 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 the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses;
• Application number, project name;
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• PUD name and ordinance number; and
• Description of extension.
2. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9
of the Administrative Code for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Division will review the application and identify whether additional
materials are needed. Staff will prepare a Staff Report to present to the Office of the
Hearing Examiner for a decision.
Monitoring If the PUD is extended, the applicant must submit Monitoring Reports as required for PUD
development. See Chapter 3 G.6 of the Administrative Code.
Updated
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G.5 6 . Zoning Verification Letter – PUD Comparable Use Determination
Reference LDC subsections 2.03.00 A, 10.02.06 J, LDC Public Notice subsection 10.03.06 O, LDC
section 8.10.00 and F.S. §125.66.
Applicability A Zoning Verification Letter may be used to make a determination that a new use is
comparable, compatible, and consistent with the list of identified permitted and
conditional uses in a PUD ordinance. Depending on PUD ordinance language, one of
the following methods of consent by the Hearing Examiner will occur:
1. If the PUD ordinance language identifies the BZA as the authority to determine a
use is comparable, compatible, and consistent, the Zoning Verification Letter
will be brought to Hearing Examiner for approval of the determination.
2. If the PUD ordinance language identifies the Planning Director (or other similar
County staff) as the authority to determine a use is comparable, compatible,
and consistent, the Zoning Verification Letter will be brought to Hearing
Examiner for affirmation of the determination.
Pre-Application A pre-application meeting is not required.
Initiation The applicant files a “Zoning Verification Letter Application” with the Planning &
Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Property information, including:
• a. Site folio number;
• b. Site Address;
• c. Property owner’s name; and
• d. Verification being requested.
3. The determination request and the justification for the use by a certified land
use planner or a land use attorney.
4. Additional materials may be requested by staff depending on the use and
justification provided.
5. PUD Ordinance and Development Commitment information .
6. Electronic copies of all documents.
7. Addressing checklist.
Completeness and
Processing of
Application
The Planning & Zoning Division 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., XXPL201200000) assigned to the
petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
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Notice Notification requirements are as follows. See Chapter 8 of the Administrative
Code for additional notice information.
1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper
of general circulation. The legal advertisement shall include:
• a. Date, time, and location of the hearing;
• b. Application number and project name;
• c. PUD name and ordinance number;
• d. Proposed permitted use;
• e. Whether the use will be approved or affirmed by the Hearing
Examiner; and
• f. Description of location.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See
Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Division will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report to present to the
Office of the Hearing Examiner for a decision.
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H. Rezoning – Standard
Reference LDC section 10.02.08, LDC Public Notice subsection 10.03.06 B, and F.S. § 125.66.
Applicability This procedure applies to any ordinances or resolutions that change the zoning map
designation of a parcel or parcels of land.
Pre-Application A pre-application meeting is required.
Initiation The applicant files a “Standard Rezone Application” with the Planning & Zoning Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Disclosure of ownership.
3. The date the subject property was acquired or leased, including the term of any lease.
If the applicant has an option to buy, indicate date the option terminates, or
anticipated closing date.
4. Property information, including:
• a. Legal description;
• b. Property identification number;
• c. Plat book and page number;
• d. Section, township and range;
• e. Subdivision, unit, lot and block, or metes and bounds description;
• f. Address of subject site and general location; and
• g. Size of property in feet and acres.
5. If the property owner owns additional property contiguous to the subject property,
then the following information, regarding the contiguous property, must be included:
• a. Legal description;
• b. Property identification number;
• c. Plat book and page number;
• d. Section, township and range; and
• e. Subdivision, unit, lot and block, or metes and bounds description.
6. Zoning information, including:
• a. Zoning and Land Use of adjacent properties;
• b. The existing and requested zoning classifications; and
• c. The present and proposed uses of the property.
7. A narrative statement describing the rezone request with specific reference to the
criteria in LDC section 10.02.08.
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8. Whether any applications or official interpretations under the Administrative Code
were filed for the subject property within the year preceding the application, including
the nature of any public hearing relating to that application.
9. If the rezone is requested for a specific use, a 24 in. x 36 in. conceptual site plan (with a
reduced 8½ in. x 11 in. copy) drawn to a maximum scale of 1 inch equals 400 feet,
depicting:
• a. Existing and proposed structures and their dimensions;
• b. Provisions for existing and/or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure(s) on site);
• c. Existing and/or proposed parking and loading areas (including a matrix
indicating required and provided parking and loading, and required parking
for the disabled);
• d. Required yards, open space and preserve areas;
• e. Proposed and/or existing location of utility services to the site; and
• f. Proposed and/or existing landscaping and buffering that may be required
by the County.
10. An architectural rendering of any proposed structures.
11. Environmental Data Requirements. See LDC subsection 3.08.00 A.
12. Statement of utility provisions.
13. Traffic Impact Study See Chapter 7 of the Administrative Code.
14. Historical/Archeological Survey or Waiver.
15. The name and mailing address of all registered Home Owners Association’s that could
be affected by the application.
16. Signed and sealed survey by a licensed professional surveyor and mapper.
17. Addressing checklist.
18. A copy of the pPre-application meeting notes.
19. Owner/agent affidavit as to the correctness of the application.
20. Electronic copies of all documents.
Completeness and
Processing of
Application
The Planning & Zoning Division 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., XX201200000) assigned to the petition. This petition
tracking number should be noted on all future correspondence regarding the petition.
Notice-
For parcels less than
10 contiguous acres
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
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1. NIM: The NIM shall be completed at least 15 days before the advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall be
given to property owners in the notification area at least 15 days prior to the NIM
meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification Area
at least 15 days before the advertised Planning Commission hearing.
Notice –
For Parcels greater
than 10 contiguous
acres
Notification requirements are as noted above, in addition to the following: See Chapter
8 of the Administrative Code for additional notice information.
13. 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:
• a. Date, time, and location of the hearing;
• b. Description of the proposed land uses;
• c. 2 in. x 3 in. map of the project location;
• d. PUD name and ordinance number;
• e. Description of rezone; and
• f. Description of location.
24. Sign: (see format below) Posted at least 15 days before the advertised Planning
Commission hearing date.
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Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing for parcels that are less than 10
contiguous acres. The BCC shall hold 2 advertised public hearings for parcels that are
greater than 10 contiguous acres.
4. For a Collier County initiated rezoning:
• a. At least one hearing is held after 5 p.m. on a weekday, unless the BCC, by
a majority plus one vote, elects to conduct that hearing at another time of
day.
• b. The first public hearing is held at least 7 days after the day that the first
advertisement is published.
• c. The second hearing shall be held at least 10 days after the first hearing
and is advertised at least 5 days before the public hearing.
Decision maker The BCC, following recommendations from both the E AC, if required, and the Planning
Commission.
Review Process The Planning & Zoning Division will review the application and identify whether additional
materials are needed. Staff will prepare a Report and schedule a hearing date before the
Planning Commission to present the petition. The Planning Commission may approve,
approve with conditions/stipulations, or deny the petition.
Following the recommendation by the Planning Commission, the Planning & Zoning
Division will prepare an Executive Summary and schedule a hearing date before the BCC to
present the petition for review. The BCC may approve, approve with
conditions/stipulations, or deny the petition.
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I. Sign Variance
Reference LDC sections 5.06.08, 9.04.02, 8.10.00, and LDC Public Notice subsection 10.03.06 F.
Applicability This process applies to a request to vary from the required dimensional standards for a
sign.
See Chapter 3 of the Administrative Code for a standard Variance.
Initiation The applicant files a “Sign Variance Petition” with the Planning & Zoning Division.
Pre-Application A pre-application meeting is required.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Electronic copies of all documents.
4. Property information, including:
• a. Legal description;
• b. Length and height of wall upon which the sign will be secured, if a wall
sign; and
• c. Width of the subject property measured by the road frontage.
5. Survey or Site Plan of property depicting the following:
• a. All property boundaries and dimensions;
• b. North arrow, date and scale of drawing;
• c. All existing and proposed signs (labeled as such);
• d. Existing and proposed sign setbacks; and
• e. Location map depicting major streets in area for reference.
6. A detailed explanation of the variance request, including:
• a. Existing signs and what is proposed;
• b. The amount of variance proposed using numbers (i.e. reduce setback
from 15 ft. to 10 ft.);
• c. If existing, explanation of how existing encroachment came to be; and
• d. Additional factors that address the criteria for a sign variance.
7. A narrative and justification that the proposed sign variance meets the criteria
identified in LDC subsection 5.06.08 B.
8. Notarized owner/agent affidavit as to the correctness of the application.
9. An 8 ½ in. x 11 in. graphic location map of the site.
10. A copy of the Pre-application meeting notes.
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11. Agent Letter review. Following the initial staff review comments and prior to the
second submittal, the following Agent Letter materials shall be submitted to the
assigned Planner for review and approval:Once the first set of review comments are
posted, the following mailed notice documents shall be submitted to the assigned
Planner:
• a. A list of the names and addresses of property owners to receive the
Agent Lettermailed notice; and
• b. Draft of the Agent Lettermailed notice letter.
Completeness and
Processing of
Application
The Planning & Zoning Division will review the application for completeness. Aft er
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., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the
subject property following the initial staff review comments and prior to the second
submittal. See Application Contents for review and approval of letter materials.
12. Mailed Notice: Written notice shall be sent to property owners within 150 feet of the
subject area at least 15 days before the advertised Hearing Examiner hearing.in the
notification area at least 15 days before the advertised Hearing Examiner hearing. The
mailed notice shall be sent by the applicant following approval by the Planning and
Zoning Division.
23. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
34. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
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Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9
of the Administrative Code for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Division will review the application and identify whether additional
materials are needed. Staff will prepare a Staff Report, utilizing the c riteria established in
LDC subsection 5.06.08 B.1., to present to the Office of the Hearing Examiner for a
decision.
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J. Variance
Reference LDC sections 9.04.00, 8.10.00, and LDC Public Notice subsection 10.03.06 F.
Applicability An applicant may seek a variance from dimension standards if the LDC creates an
unreasonable hardship, as defined in LDC section 9.04.00.
See Chapter 3 I. of the Administrative Code for a Sign Variance.
Initiation The applicant files a “Variance Petition Application” with the Planning & Zoning Division.
Pre-Application A pre-application meeting is required.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Electronic copy of all documents.
4. Property information, including:
• a. Legal description;
• b. Property identification number;
• c. Section, township and range;
• d. Subdivision, unit, lot and block, or metes and bounds description;
• e. Acreage; and
• f. Address of subject site and general location.
5. Zoning Information, including:
• a. Zoning and land use of adjacent properties; and
• b. Minimum yard requirements for subject property.
6. The name and mailing address of all registered Home Owners Associations and civic
associations whose members are impacted by the application.
7. A detailed explanation of the request including:
• a. Existing and proposed structures;
• b. The amount of encroachment proposed;
• c. Survey of property showing the encroachment (measured in feet);
• d. Date of purchase by property owner;
• e. The date the existing principal structure was built (include building
permit numbers if possible);
• f. Explanation of why encroachment is necessary;
• g. How existing encroachment came to be, if applicable;
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8. Project narrative providing a detailed description/explanation of the variance, why it
is requested, and the relevant criteria in LDC section 9.04.03.
9. An Official Interpretation or Zoning Verification Letter, if applicable.
10. A copy of the Pre-application meeting notes.
11. A Conceptual Site Plan (24 in. x 36 in.) and one 8 ½ in. x 11 in. copy.
12. A copy of the last recorded deed, contract for sale or agreement for sale, or a
notarized statement of ownership.
13. An 8 ½ in. x 11 in. graphic location map of the site.
14. Aerial photographs (taken within the previous 12 months at a minimum scale of 1 in.
= 200 ft.), showing FLUCCS Codes, legend, and project boundary.
15. Historical Survey or waiver, if applicable.
16. Environmental Data Requirements. See LDC subsection 3.08.00 A.
17. Owner/agent affidavit as to the correctness of the application.
18. Agent Letter review. Following the initial staff review comments and prior to the
second submittal, the following Agent Letter materials shall be submitted to the
assigned Planner for review and approval:Once the first set of review comments are
posted, the following mailed notice documents shall be submitted to the assigned
Planner:
• a. A list of the names and addresses of property owners to receive the
Agent Lettermailed notice; and
• b. Draft of the Agent Lettermailed notice letter.
Completeness and
Processing of
Application
The Planning & Zoning Division will review the application for completeness. After
submission of the completed application packet accompanied with the required fe e, 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., XX201200000) assigned to the petition. T his
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Agent Letter: An Agent Letter shall be sent to property owners within 150 feet of the
subject property following the initial staff review comments and prior to the second
submittal. See Application Contents for review and approval of letter materials.
12. Mailed Notice: Written notice shall be sent to property owners within 150 feet of
the subject area at least 15 days before the advertised Hearing Examiner hearingin
the notification area at least 15 days before the advertised Hearing Examiner hearing .
The mailed notice shall be sent by the applicant following approval by the Planning
and Zoning Division.
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23. Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the requested variance; and
• 2 in. x 3 in. map of the project location.
34. Sign: (see format below) Posted at least 15 days before the advertised Hearing
Examiner hearing date.
Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9
of the Administrative Code for the Office of the Hearing Examiner procedures.
Decision maker The Hearing Examiner.
Review Process The Planning & Zoning Division will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report, utilizing criteria
established in LDC section 9.04.03, to present to the Office of the Hearing Examiner for a
decision.
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K. Compatibility Design Review
Reference LDC sections 5.05.15, and LDC Public Notice section 10.03.06 Y.
See Chapter 4.N of the Administrative Code for Intent to Convert Applications and
Chapter 8.F for Stakeholder Outreach Meetings for Golf Course Conversions.
Purpose The Compatibility Design Review process is intended to address the impacts of golf cours e
conversions on real property by reviewing the conceptual development plan for
compatibility with existing surrounding uses.
Applicability This process applies to a golf course constructed in any zoning district or designated as a
Stewardship Receiving Area that utilize a non-golf course use which is a permitted,
accessory, or conditional use within the existing zoning district or designation.
This application is not required for golf courses zoned Golf Course and Recreational Uses
(GC) seeking another use as provided for in LDC section 2.03.09 A.
Conditional uses shall also require conditional use approval subject to LDC section
10.08.00. The conditional use approval should be a companion item to the compatibility
design review approval.
Pre-Application
Meeting
A pre-application meeting is required.
Initiation The applicant files an “Application for Compatibility Design Review” with the Zoning
Division after the “Intent to Convert” application is deemed complete by County staff and
the Stakeholder Outreach Meetings (SOMs) are completed. See Chapter 4 of the
Administrative Code for information regarding the “Intent to Convert” application and
Chapter 8 of the Administrative Code for requirements for SOMs and additional notice
information.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Name of project.
4. The proposed conceptual development plan.
5. The name and mailing address of all registered property owners’ associations that
could be affected by the application.
6. Disclosure of ownership and interest information.
7. The date the subject property was acquired or leased (including the term of the
lease). If the applicant has an option to buy, indicate the dates of the option: date the
option starts and terminates, and anticipated closing date.
8. Property information, including:
• a. Legal description;
• b. Property identification number;
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• c. Section, township, and range;
• d. Address of the subject site and general location;
• e. Size of property in feet and acres;
• f. Zoning district;
• g. Plat book and page number; and
• h. Subdivision, unit, lot and block, and metes and bounds description.
9. If the property owner owns additional property contiguous to the subject property,
then the following information, regarding the contiguous property, must be included:
• a. Legal description;
• b. Property identification number;
• c. Section, township and range; and
• d. Subdivision, unit, lot and block, or metes and bounds description.
10. Zoning information, including adjacent zoning and land use.
11. Soil and/or groundwater sampling results, as described in LDC section 5.05.15 G.6;
12. The approved Intent to Convert application, as described in LDC section 5.05.15 C.1;
and
13. The SOM Report, as described in LDC section 5.05.15 C.3.
14. A narrative describing how the applicant has complied with the criteria in LDC
sections 5.05.15 F.3, including:
• a. A list of examples depicting how each criterion is met;
• b. A brief narrative describing how the examples meet the criterion; and
• c. Illustration of the examples on the conceptual development plan that
are described above.
Completeness and
Processing of
Application
The Zoning Division 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 petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice 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 prior to the hearing in a newspaper of general circulation. The advertisement
shall include at a minimum
• a. Date, time, and location of the hearing;
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• b. Description of the proposed land uses; and
• c. 2 in. x 3 in. map of the project location.
2. Mailed Notice: For the purposes of this mailed notice requirement, written notice
shall be sent to property owners located within 1,000 feet from the property line of
the golf course at least 15 days prior to the advertised public hearings.
Public Hearing 1. The Planning Commission shall hold at least 1 advertised public hearing.
2. The BCC shall hold at least 1 advertised public hearing.
Decision Maker The BCC, following a recommendation by the Planning Commission.
Review Process Staff will prepare a staff report consistent with LDC section 5.05.15 F and schedule a
hearing date before the Planning Commission to present the petition. Following the
Planning Commission’s review, Staff will prepare an Executive Summary and will schedule
a hearing date before the BCC to present the petition.
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Cotter County
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20180003474 This amendment adds communication towers as a conditional use in the
Rural Fringe Mixed Use District(RFMUD) Sending Lands as an essential
ORIGIN service.
Growth Management
Department(GMD)
HEARING DATES LDC SECTION TO BE AMENDED
BCC TBD 2.01.03 Essential Services
CCPC TBD 2.03.08 Rural Fringe Zoning Districts
DSAC TBD
DSAC-LDR 12/18/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
On November 13, 2018, the Board of County Commissioners (Board) directed staff to draft an ordinance to
address Communication Towers in the RFMUD Sending Lands (See Exhibit A).
Currently,communication towers are not allowed as permitted or conditional uses within the Rural Fringe Mixed
Use District(RFMUD)-Sending Lands.Therefore,communication towers are prohibited in the RFMUD-Sending
Lands.
However,the US Telecommunications Act of 1996(47 USC 332)states that local governments"shall not prohibit
or have the effect of prohibiting the provision of personal wireless services"(Section 332(c)(3)(7)(B)(i)(II))
This LDC amendment would ensure compliance with the US Telecommunications Act of 1996 by defining
communications towers as an essential service and allowing communications towers as a conditional use in the
RFMUD-Sending Lands.
Corresponding cross-references to this new conditional use are also added to LDC section 2.03.08.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational To be provided by Comprehensive Planning Staff
impacts associated with this amendment.
EXHIBITS: A) Executive Summary Approved by BCC
1
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Amend the LDC as follows:
1
2 2.01.03 - Essential Services
3
4 Essential services are hereby defined as services designed and operated to provide water,
5 sewer, gas, telephone, electricity, cable television or communications to the general public by
6 providers which have been approved and authorized according to laws having appropriate
7 jurisdiction, and government facilities. Essential services are allowed in any zoning district subject
8 to the following conditions:
9
10
11
12 G. Conditional uses. The following uses require approval pursuant to section 10.08.00
13 conditional uses:
14
15 1. Conditional essential services in every zoning district excluding the RFMU district
16 sending lands, CON districts, NRPAs, and RLSA designated HSAs and FSAs. In
17 every zoning district, unless otherwise identified as permitted uses, and excluding
18 RFMU district Sending Lands, CON districts, and NRPAs, the following uses shall
19 be allowed as conditional uses:
20
21 a. Electric or gas generating plants;
22
23 b. Effluent tanks;
24
25 c. Major re-pump stations sewage treatment plants, including percolation
26 ponds, and water aeration or treatment plants,
27
28 d. Hospitals and hospices;
29
30 e. Government facilities, including where not identified as a permitted use in
31 this section, safety service facilities such as including law enforcement,fire,
32 emergency medical services; and
33
34 f. Conservation Collier lands which provide for permitted, nondestructive,
35 passive natural resource based recreational and educational activities,
36 when such sites require major improvements to accommodate public
37 access and use. These major improvements shall include, but are not
38 limited to: parking areas of 21 parking spaces or more; nature centers;
39 equestrian paths; biking trails; canoe and kayak launch sites; public
40 restroom facilities, greater than 500 square feet; signage beyond that
41 allowed in sections 2.01.03 A.9. and 2.01.03 B.1.e. of this Code and other
42 nondestructive passive recreational activities as identified by the County
43 Manager or designee. The provisions for Conservation Collier lands in this
44 Code do not affect the underlying zoning districts or land use designations
45 in any district where Conservation Collier lands are established, such that
46 no expansion or diminution of the various zoning district conditional uses is
47 intended or implied by these provisions, except as stated above for major
48 improvements. Oil and gas field development and production as defined
2
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1 and regulated in this Code remains a conditional use on or beneath
2 Conservation Collier lands established in zoning districts providing for oil
3 and gas field development and production as a conditional use, subject to
4 subsection 2.03.09 B.1.c.i.
5
6 2. Conditional essential services in RFMU sending lands, NRPAs, CON districts, and
7 RLSA designated HSAs and FSAs.Within RFMU District Sending Lands, NRPAs,
8 CON districts, and the RFLA designated HSAs and FSAs subject to the limitations
9 set forth in section 4.08.08 C.2., in addition to the essential services identified as
10 allowed conditional uses in subsection 2.01.03 G.1. above, the following additional
11 essential services are allowed as conditional uses:
12
13 a. Sewer lines and lift stations necessary to serve a publicly owned or
14 privately owned central sewer system providing service to urban areas; or
15 the Rural Transition Water and Sewer District, as delineated on the Urban-
16 Rural Fringe Transition Zone Overlay Map in the Future Land Use Element
17 of the GMP, when not located within already cleared portions of existing
18 rights-of-way or easements;
19
20 b. Safety Services limited to law enforcement, fire, and emergency medical
21 services; and
22
23 c. Oil and gas field development and production, as defined and regulated in
24 this Code, remains a conditional use on or beneath Conservation Collier
25 lands established in the CON zoning district subject to subsection 2.03.09
26 B.1.c.i.
27
28 3. Additional conditional uses in residential, and estate zoned districts, and in RFMU
29 receiving and neutral lands. In residential, agricultural, and estate zoned districts
30 and in RFMU Receiving and neutral lands, in addition to those essential services
31 identified as conditional uses in section 2.01.03 G.1. above, the following essential
32 services shall also be allowed as conditional uses:
33
34 a. Regional parks and community parks;
35
36 b. Public parks and public library facilities;
37
38 c. Safety service facilities;
39
40 d. Other similar facilities, except as otherwise specified herein.
41
42 4. Additional conditional uses in the RFMU sending lands. The following essential
43 services shall be allowed as conditional uses:
44
45 a. Communications towers, subject to all applicable provisions of LDC
46 section 5.05.09.
47
48 4,5. Conditional uses that include the installation of structures:
49
3
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1 a. Where structures are involved other than structures supporting lines or
2 cables, such structures shall comply with the regulations for the district in
3 which they are located, or as may be required on an approved site
4 development plan under section 10.02.03. In addition, the structures shall
5 conform insofar as possible to the character of the district in which they are
6 located as to development standards, as well as architecture and
7 landscaping, with utilization of screening and buffering to ensure
8 compatible with the surrounding and nearby existing and future uses.
9
10 b. Within the RFMU district sending lands, NRPAs, Conservation Districts,
11 and the RLSA HSAs and FSAs, structures supporting the conditional use
12 shall be located so as to minimize any impacts on native vegetation and on
13 wildlife and wildlife habitat.
14
15 c. Essential services shall not be deemed to include the erection of structures
16 for commercial activities such as sales or the collection of bills in districts
17 from which such activities would otherwise be barred. Unstaffed billing
18 services, which are accessory uses to the normal operations of the
19 essential service, may be permitted.
20
21 # # # # # # # # # # # # #
22
23 2.03.08—Rural Fringe Zoning Districts
24
25 * * * * * * * * * * * *
26
27 A. Rural Fringe Mixed-Use District (RFMU District).
28
29 * * * * * * * * * * * * *
30
31 4. RFMU sending lands. RFMU sending lands are those lands that have the highest
32 degree of environmental value and sensitivity and generally include significant
33 wetlands, uplands, and habitat for listed species. RFMU sending lands are the
34 principal target for preservation and conservation. Density may be transferred from
35 RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs within
36 the RFMU district are also RFMU sending lands. With the exception of specific
37 provisions applicable only to NBMO neutral lands, the following standards shall
38 apply within all RFMU sending lands:
39
40 * * * * * * * * * * * * *
41
42 a. Allowable uses where TDR credits have not been severed.
43
44 * * * * * * * * * * * * *
45
46 (3) Conditional Uses.
47
48 (a) Those essential services identified in LDC section 2.01.03
49 G.2 and 4.
50
4
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1 * * * * * * * * * * * * *
2
3 b. Uses allowed where TDR credits have been severed.
4
5 * * * * * * * * * * * * *
6
7 (2) Conditional uses:
8
9 (a) Those Essential Uses identified in LDC section 2.01.03 G.2 and 4.
10
11 # # # # # # # # # # # # #
5
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Exhibit A — Executive Summary Approved by BCC
11/13/2018
EXECUTIVE SUMMARY
Recommendation to direct staff to bring back for a public hearing an ordinance amending the
Land Development Code to modify the definition of essential services in LDC Section 2.0L03 to
include communications towers,and to allow communication towers as a conditional use within the
Rural Fringe Mixed Use District-Sending Lands,and to allow applications for such communication
towers to be processed under the proposed new zoning standards while the LDC amendment
process is pending.
OBJECTIVE: To seek approval from the Board of County Commissioners (Board) to advertise and
bring back for public hearing an ordinance to amend the Land Development Code(LDC)to modify the
definition of essential services to include communications towers,and to allow communication towers as
a conditional use within the Rural Fringe Mixed Use District-Sending Lands, and to allow applications
for such communication towers to be processed and approved under the proposed new zoning standards
while the zoning change is in progress.
CONSIDERATIONS: Currently, communication towers arc not allowed as permitted or conditional
uses within the Rural Fringe Mixed Use District (RFMUD)-Sending Lands. Therefore, communication
towers are prohibited in the RFMUD-Sending Lands. To ensure compliance with the US
Telecommunications Act of 1996 (47 USC 332), county staff is proposing this LDC amendment that
would define communications towers as an essential service and allow communications towers as a
conditional use in the RFMUD-Sending Lands.Section 332(c)(3)(7)of the Act states:
(7)Preservation of local zoning authority
(A)General authority
Except as provided in this paragraph,nothing in this chapter shall limit or affect the
authority of a State or local government or instrumentality thereof over decisions
regarding the placement,construction,and modification of personal wireless service
facilities.
(B)Limitations
(i)The regulation of the placement,construction,and modification of personal
wireless service facilities by any State or local government or instrumentality
thereof-
(I) shall not unreasonably discriminate among providers of functionally
equivalent services;and
(11) shall not prohibit or have the effect of prohibiting the provision of
personal wireless services.
(ii) A State or local government or instrumentality thereof shall act on any
request for authorization to place,construct,or modify personal wireless service
facilities within a reasonable period of time after the request is duly filed with
such government or instrumentality,taking into account the nature and scope of
such request.
(iii) Any decision by a State or local government or instrumentality thereof to
deny a request to place,construct, or modify personal wireless service facilities
6
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Exhibit A — Executive Summary Approved by BCC
11/13/2018
shall be in writing and supported by substantial evidence contained in a written
record.
(iv) No State or local government or instrumentality thereof may regulate the
placement, construction, and modification of personal wireless service facilities
on the basis of the environmental effects of radio frequency emissions to the
extent that such facilities comply with the Commission's regulations concerning
such emissions.
(v)Any person adversely affected by any final action or failure to act by a State
or local government or any instrumentality thereof that is inconsistent with this
subparagraph may,within 30 days after such action or failure to act,commence
an action in any court of competent jurisdiction.The court shall hear and decide
such action on an expedited basis. Any person adversely affected by an act or
failure to act by a State or local government or any instrumentality thereof that is
inconsistent with clause(iv)may petition the Commission for relief.
Staff is requesting approval to advertise, and bring back for public hearing, after vetting through the
advisory bodies, an ordinance approving the attached LDC amendment, and authorization to allow
applications for such communications towers to be processed and approved under the proposed LDC
amendment while the zoning change is in progress.
FISCAL IMPACT: Cost of advertising for the LDC amendment is estimated at S3,250.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. A simple majority vote
is needed for this item,but the LDC amendment when it comes back will require an affirmative vote of
four.(HFAC)
RECOMMENDATION:That the Board of County Commissioners:
I. Direct staff to bring back for public hearing, after vetting through the advisory bodies, an
ordinance amending LDC Section 2.01.03 to define communications towers as an essential
service and allow communication towers as a conditional use within the RFMUD Sending Lands
2. Authorize the expenditure of funds for advertising said LDC amendment;and
3. Authorize staff to process applications for such communication towers while the zoning change is
in progress.
Prepared By: Jeremy Frantz,AICP,LDC Manager,Growth Management Department
ATTACHMENT(S)
1.Draft LDC Amendment(PDF)
7
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Co ier County
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL2018000XXXX This amendment modifies standards for ground signs for facilities with fuel
pumps.
ORIGIN
Growth Management
Department(GMD) LDC SECTION TO BE AMENDED
HEARING DATES 5.05.05 Facilities with Fuel Pumps
BCC TBD 5.06.00 Sign Regulations and Standards by Land Use Classification
CCPC TBD 5.06.06 Prohibited Signs
DSAC TBD
DSAC-LDR 12/18/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
On December 11,2018,the Board of County Commissioners(Board)directed staff to draft an ordinance to address
signage visibility for facilities with fuel pumps(See Exhibit A).
This amendment is needed due to a recent change to Section 553.79(20)(a)2 of the Florida Statutes, which
prohibits any requirement on gasoline pricing signs that,"prevents the sign from being clearly visible and legible
to drivers of approaching motor vehicles from...any lane of traffic..."(See Exhibit B).
In coordination with local developers of facilities with fuel pumps, Staff has developed alternative standards for
signs at facilities with fuel pumps which are consistent with Section 553.79(20)(a)2 of the Florida Statutes. The
attached LDC amendment proposes the following changes to current standards for fuel pricing signs only:
• One ground or pole sign on each major road frontage with a maximum of two signs, instead of only one
ground sign per site.
• A maximum sign height of 15 feet instead of 8 feet.
• Each such sign may include an"Electronic Message Board"(EMB)only for advertising fuel prices.These
EMB's are subject to limitations on the movement of images, brightness, resolution, and other design
standards and which are allowed on arterial and collector roadways.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational To be provided by Comprehensive Planning Staff.
impacts associated with this amendment.
EXHIBITS: A)Executive Summary Providing Board Direction B) F.S. 553.79(20)
I
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Amend the LDC as follows:
1 5.05.05 -Facilities with Fuel Pumps
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3
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5 C. Building architecture, site design, lighting, and signage requirements.
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7
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9 4. Signage for facilities with fuel pumps. The following are the only signs allowed in
10 facilities with fuel pumps and convenience stores with fuel pumps.
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12 a. Window, Wall, and other signs: As allowed in LDC section 5.06.00.
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14 b. An illuminated corporate logo with a maximum area of 12 square feet shall
15 be allowed on a canopy face which is adjacent to a dedicated street or
16 highway. Otherwise accent lighting and back lighting are prohibited on
17 canopy structures. Color accent banding on canopies may be approved as
18 established in LDC section 5.05.05 C.1.b.iv.(b), above.
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20 c. One ground sign shall be permitted for each site and shall be placed within
21 a 200 square foot landscapod area. Height is limited so that the top edge
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23 area is 60 cquaro foot. Said sign shall be consistent with tho color scheme
24 - - - - - - - - - - -- - -- - -.
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26 c. Each facility with fuel pumps will be limited to a maximum of two ground
27 signs, two pole signs or one ground and one pole sign that advertise the
28 retail price of fuel in accordance with Section 553.79(20)(a)2., F.S.
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30 i. One fuel pricing ground or pole sign will be permitted on a frontage
31 of a parcel that abuts an arterial or collector road right-of-way. The
32 maximum height is limited to fifteen feet, measured from grade to
33 the uppermost portion of the sign structure. Maximum sign copy
34 area is 65 square feet.The sign must maintain a minimum setback
35 of 10 feet from any property line or road right-of-way. A minimum
36 of a 200 square foot landscaped area shall be provided around the
37 base of the sign. The sign structure shall be consistent with the
38 color scheme and architectural design of the principal structure.
39 An electronic message board (EMB) may be part of the sign area,
40 subject to the standards in 5.05.05 C.4.c.iii.
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42 ii. One fuel pricing ground sign will be permitted on a frontage of a
43 parcel that abuts a road right-of-way other than an arterial or
44 collector road right-of-way. The maximum height is limited to eight
45 feet, measured from grade to the uppermost portion of the sign
46 structure. Maximum sign copy area is 60 square feet.The sign must
47 maintain a minimum setback of 10 feet from any property line or
48 road right-of-way.A minimum of a 200 square foot landscaped area
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1 shall be provided around the base of the sign. The sign structure
2 shall be consistent with the color scheme and architectural design
3 of the principal structure. An electronic message board will not be
4 part of the sign.
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6 iii. If an electronic message board (EMB) is used as allowed in
7 5.05.05 C.4.c.i., each of the following apply:
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9 a) The EMB is limited to fuel prices only.
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11 b) Changes to the EMB shall occur instantaneously.The EMB
12 shall remain static without scroll, fade, flash, zoom,
13 sparkle, color change, or any illusion of movement.
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15 c) Such signs shall be constructed with a photocell to
16 compensate for all conditions, day or nighttime hours, and
17 shall adjust the display's brightness to a level that is not in
18 excess of 0.3 foot-candles above ambient light levels, as
19 measured from the most restrictive of the nearest abutting
20 property line or a distance equal to the square root of fthe
21 EMB sign copy area multiplied by 1001.
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23 d) Exposed lamps, bulbs, or LEDs that are not covered by a
24 lens, filter, or sunscreen are prohibited.
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26 d. Signage is prohibited above fuel pumps.
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28 * * * * * * * * * * * * *
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30 5.06.00 -SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION
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32 A. Definitions. The definitions of the following terms shall apply to the requirements of the
33 Land Development Code, in particular this section 5.06.00, to be known as the "Collier
34 County Sign Code."
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36 Activated sign:Any sign which contains or uses for illumination any light, lighting
37 device,or lights which change color,flash, or alternate; or change appearance of said sign
38 or any part thereof automatically; any sign which contains moving parts as part of its
39 normal operation, such as rotating signs, shall be considered an activated sign.
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41 Animated/Aetivated sign: A sign depicting or involving action, motion, through
42 electrical or mechanical means.
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44 * * * * * * * * * * *
Continued on next page
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1 5.06.06 -Prohibited Signs
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3 A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited.
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5 * * * * *
6 6. Animated signs /activated or Activated signs. Except see Section 5.05.05 C.4 for
7 fuel pricing signs when located along an arterial or collector road right-of-way.
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9 7. Clear or uncovered neon and exposed LED signs. Except see Section 5.05.05 C.4
10 for fuel pricing signs when located along an arterial or collector road right-of-way.
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12 # # # # # # # # # # # # #
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Exhibit A — Executive Summary Providing Board Direction
12/11;2018
EXECUTIVE SUMMARY
Recommendation to direct staff to bring back for a public hearing an ordinance amending the
Land Development Code to modify design standards for signs advertising the price of fuel, in
accordance with Section 553.79(20),Florida Statutes, and allow applications for such signs to be
processed under the proposed new zoning standards while the LDC amendment process is pending.
OBJECTIVE: To seek approval from the Board of County Commissioners (Board) to advertise and
bring back for public hearing an ordinance to amend the Land Development Code(LDC)in regard to the
number,height,size,and other design standards for signs advertising the price of fuel,in accordance with
recent amendments to the Florida Statutes,and to allow applications for such signs to be processed and
approved under the proposed new zoning standards while the zoning change is in progress.
CONSIDERATIONS:Currently,LDC Subsection 5.05.05 C.4.c places the following standards on signs
for facilities with fuel pumps:
One ground sign shall he permitted.for each site and shall he placed within a 200 square-
Pot landscaped area.height is limited so that the top edge of the sign face is less than
eight feet above grade. Maximum permitted area is 60 square feet. Said sign shall be
consistent with the color scheme and architectural design of the principal structure.
However,in 2017,the Legislature added the following provision to Section 553.79(20)(a)2.of the Florida
Statutes,prohibiting any requirement on gasoline pricing signs that."prevents the sign from being clearly
visible and legible to drivers of approaching motor vehicles from...any lane of traffic..."The applicable
section reads:
(20)(a) A political subdivision of this state may not adopt or enforce any ordinance or
impose any building permit or other development order requirement that:
2. Imposes any requirement on the design,construction,or location of signage
advertising the retail price of gasoline in accordance with the requirements
of ss. 526.111 and 526.121 which prevents the signage from being clearly
visible and legible to drivers of approaching motor vehicles from a vantage
point on any lane of traffic in either direction on a roadway abutting the gas
station premises and meets height,width,and spacing standards,for Series
C; D, or E signs,as applicable,published in the latest edition of Standard
Alphabets for Highway Signs published by the United States Department of
Commerce,Bureau of Public Roads,Office of Highway Safety.
(b) This subsection does not affect any requirement for design and construction in
the Florida Building Code.
(c) Al!such ordinances and requirements are hereby preempted and superseded by
general law.This subsection shall apply retroactively.
(d) This subsection does not apply to property located in a designated historic
district.
Staff has had preliminary meetings with developers of facilities with fuel pumps who have requested
more signage,larger signs and LED or message board signage.
In response, Staff has developed revised standards for signs at facilities with fuel pumps which are
consistent with Section 553.79(20)(a)2.The attached LDC amendment proposes the following changes to
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Exhibit A — Executive Summary Providing Board Direction
12111/2018
current standards for fuel pricing signs only:
• One ground or pole sign on each major road frontage with a maximum of two signs,instead of
only one ground sign per site;
• A maximum sign height of 15 feet instead of 8 feet;
• Each such sign may include an"electronic message board"only for advertising fuel prices,which
will be subject to limitations on movement of images,brightness,resolution, and other design
standards and which are allowed on arterial and collector roadways.
Staff is requesting approval to advertise,and bring back for public hearing,an ordinance approving the
attached LDC amendment, and authorization to allow applications for such signs to be processed and
approved under the proposed new zoning standards while the zoning change is in progress.
FISCAL IMPACT: Cost of advertising for the LDC amendment is estimated at S1,200.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: Upon approval of this item, staff will be authorized to process
applications for fuel pricing signs in compliance with the proposed new zoning standards until the LDC
amendment is heard by the Board. Applicants that request and obtain approval of applications prior to the
Board's approval of the LDC Ordinance amendment will proceed at their own risk.
This item is approved as to form and legality,and it requires a majority vote for approval.However,an
affirmative vote of four will be needed for approval of the proposed LDC amendment.HFAC
RECOMMENDATION:That the Board of County Commissioners:
1. Directs staff to bring back for public hearing an ordinance amending the LDC to modify design
standards for fuel pricing signs;
2. Authorizes the expenditure of funds for advertising said LDC amendment;and
3. Authorizes staff to process applications for such signs under the proposed new zoning standards
while the zoning change is in progress.
Prepared By: Jeremy Frantz,LDC Manager,Zoning Division
ATTACHMENTS)
1.Draft LDC Amendment(PDF)
2.Email of Support 11-29-18 (PDF)
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Exhibit B — F.S. 553.79(20)
553.79 Permits; applications; issuance; inspections.
* * * * * * * * * * * * *
(20)(a) A political subdivision of this state may not adopt or enforce any ordinance or impose
any building permit or other development order requirement that:
1. Contains any building, construction, or aesthetic requirement or condition that conflicts with
or impairs corporate trademarks, service marks, trade dress, logos, color patterns, design scheme
insignia, image standards, or other features of corporate branding identity on real property or
improvements thereon used in activities conducted under chapter 526 or in carrying out business
activities defined as a franchise by Federal Trade Commission regulations in 16 C.F.R. ss. 436.1,
et. seq.; or
2. Imposes any requirement on the design, construction, or location of signage advertising the
retail price of gasoline in accordance with the requirements of ss. 526.111 and 526.121 which
prevents the signage from being clearly visible and legible to drivers of approaching motor
vehicles from a vantage point on any lane of traffic in either direction on a roadway abutting the
gas station premises and meets height,width, and spacing standards for Series C, D, or E signs, as
applicable,published in the latest edition of Standard Alphabets for Highway Signs published by
the United States Department of Commerce, Bureau of Public Roads, Office of Highway Safety.
(b) This subsection does not affect any requirement for design and construction in the Florida
Building Code.
(c) All such ordinances and requirements are hereby preempted and superseded by general law.
This subsection shall apply retroactively.
(d) This subsection does not apply to property located in a designated historic district.
Link:
http://www.leg.state.fl.us/STATUTES/index.cfm?Appmode=Display Statute&Search String=
&URL=0500-0599/0553/Sections/0553.79.html
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