Bayshore Gateway CRA Advisory Agenda 02/19/2019 (6:30pm)
Bayshore CRA Offices: 3570 Bayshore Drive, Unit 102, Naples, Florida 34112
Phone: 239-643-1115
Online: www.bayshorecra.com
Bayshore Gateway Triangle Community Redevelopment Agency
AGENDA
Naples Botanical Garden Buehler Auditorium,
4820 Bayshore Drive, Naples, FL 34112
February 19, 2019
Time: 6:30 PM
Chairman Maurice Gutierrez
Karen Beatty, Larry Ingram, Dwight Oakley,
Steve Main, Michael Sherman, Camille Keilty
1. Call to order and Roll Call
2. Pledge of Allegiance
3. Adoption of Agenda
4. Approval of Minutes
5. Old Business:
a. Review Proposed Regulatory Opportunities Memo/Land Development
Code - Evan Johnson,Tindale Oliver (Attached)
b. Redevelopment Plan – Recommendation for Approval
6. New Business:
a. Al Shantzen application for Member At Large Advisory Board Position
b. Jeff Scott Application for Member At Large Advisory Board Position
c. Resignation for Steve Rigsbee – Gateway Triangle Resident Position
7. Public Comment
8. Staff Comments: Proposed F.S. 163 changes 2019 Session
9. Advisory Board General Communications
10. Next meetings:
a. March 5, 2019@ 6 p.m. Botanical Gardens
11. Adjournment
Staff Review Draft 1 February 15, 2019
Bayshore CRA Regulatory Opportunities
DRAFT – February 15, 2019
The following sections address many of the regulatory issues raised during the development of the
Bayshore Community Redevelopment Area (CRA) Redevelopment Plan:
• Naming of districts
• Land uses and use standards
• Commercial areas deviations
• Parking and driveways
• Streetwalls
• Building height transitions
• Potential incentives
• Drainage
• Additional concerns
Many of the sections include draft regulatory language (shown in italics) that can be incorporated into
Collier County’s land development regulations after review and refinement. Other sections, such as
development incentives outline regulatory alternatives and the concerns that should be addressed if the
County pursues these alternatives.
1.0 Naming of the Districts
Despite the district names, the Bayshore and Gateway Triangle Mixed Use Overlay districts allow mixed-
use development only in portions of the districts. This was noted as a point of confusion during the
planning process. Renaming the districts as shown in Table 1-1 would eliminate the misconception that
mixed-use development is allowed throughout the overlays. Currently in the code, the abbreviations of
these districts are used at the beginning of the abbreviation of each subdistrict; for example, the
Neighborhood Commercial subdistrict in the Bayshore Mixed Use District is abbreviated as BMUD-NC.
This format can be retained with the changes, so this subdistrict would be abbreviated BDOD-NC.
Table 1-1: Current and Proposed Overlay District Names
Current Overlay District Name Proposed Overlay District Name
Bayshore Mixed Use District (BMUD) Bayshore Design Overlay District (BDOD)
Gateway Triangle Mixed Use District (GTMUD) Gateway Triangle Design Overlay District (GTDOD)
2.0 Land Uses and Use Standards
Residential Portions of GTMUD and BMUD Districts. Within these areas, the County should consider
developing standards for the following uses:
Accessory Storage Sheds. Existing setback requirements limit the ability to place storage sheds
on certain residential lots within residential portions of the BMUD and GTMUD districts.
Accessory structures behind single-family units and multi-family units must be setback at least
Staff Review Draft 2 February 15, 2019
10 feet from the rear property line. Most rear setbacks are 15 feet, and some are even smaller
(the rear setback for GTMUD-R is 8 feet for a single-family home). The lack of storage has
resulted in outdoor storage that some residents have found to be unsightly. While the
availability of storage sheds would not necessarily eliminate the issue, the flexibility to establish
accessory storage sheds in certain setback areas could reduce the amount of outdoor storage. A
reduction of the rear setback requirement for accessory buildings would increase the likelihood
that there is room to place an accessory building. However, without clear design guidelines on
such sheds, the sheds would likely create their own visual blight. Design guidelines could require
accessory structures to have similar colors and materials as the primary structure. Bulk
standards could establish the maximum height and floor area for sheds. This issue requires
further discussion to ensure that relaxing setback requirements would lead to neighborhood
enhancement.
Accessory Front Garages. Regarding the placement of accessory buildings in front of the primary
building, this option generally is not allowed in residential BMUD and GTMUD areas except in
single-family detached corner lots where accessory structures are located in the front yard with
longer street frontage; these structures require a minimum setback of 10 feet from the rear
property line and the same side setback as required by the primary structure (Section 4.02.16
C.2 of the Land Development Code - LDC). Detached accessory garages may be considered in
front yards provided that:
• The structures are complementary (e.g., similar materials and architecture) to the
principal structure; and
• Garage doors are perpendicular to the front property line or are setback no less than 20
feet from the front property line if facing the right-of-way to reduce the visual impact
and ensure that there is room between the garage door and the sidewalk to
accommodate a vehicle.
Accessory Dwelling Units. Accessory dwelling units (ADUs) can provide a valuable stock of
affordable/workforce housing that would be compatible with existing residential
neighborhoods. However, if a substantial number of the units are used for short-term vacation
rentals, this can inflate housing costs substantially and reduce the availability of affordable
housing. For this reason, and due to constraints, the State has placed on the regulation of short-
term vacation rentals, these uses should be explored concurrently.
As an initial step, a definition of an ADU should be added to the code; it is recommended that
this definition be distinct from that of a guesthouse given differences between them. The
definition of an ADU should allow for its rental with a formal lease agreement (the code
prohibits rental of guest houses). Additionally, a provision should be added to Section 5.03.03
that makes it clear that ADUs are not subject to the guesthouse regulations in this section, with
reference to the ADU provisions; suggested regulatory language is provided below. Note that
the following ordinance text is intended to be used as a starting point for future discussions.
Staff Review Draft 3 February 15, 2019
5.05.##1 - Accessory Dwelling Units [Accessory dwelling units should be considered in
conjunction with vacation rental provisions.]
A. Generally. Where authorized by zoning district standards, accessory dwelling units
(ADUs) may be allowed as an accessory use to single-family detached dwelling units
subject to minor site plan review and compliance with the standards in this section.
Covered open porches, carports and detached single story garages may not be
converted to ADUs, except when a converted garage retains at least two
independently accessible parking spaces.
B. ADU Intent. Accessory dwelling units are small dwelling units that are sized and
designed to accommodate one or two individuals who lease the property for periods
of three (3) months or longer. They are considered accessory to a principal single-
family dwelling and are not considered dwelling units when calculating density.
C. ADU Types. There are two types of ADUs:
1. Integrated ADUs. Integrated ADUs are units that are created by dividing space
within a principal building, or by adding floor area to an existing building.
Integrated ADUs may be accessed from within the principal building or from
outside, according to the standards of this section.
2. Detached ADUs. Detached ADUs are units that are located inside of accessory
buildings. The accessory building that includes a detached ADU may also include
a garage.
D. Minimum Lot Areas Where Permitted. New ADUs are allowed only where the
minimum lot area provided in Exhibit ##. Where an existing, legally established ADU
does not meet the minimum standards, the Planning Director may authorize its
continued use upon finding that the unit satisfies the criteria for approval of
administrative relief established in Section ##.
[Develop and insert Exhibit ##, which establishes minimum lot areas for each type of
ADU by base or overlay district.]
E. Owner Occupancy. [Owner occupancy is required as set out in this section but this is
not essential.]
1. Either the principal residence or the accessory dwelling unit must be owner-
occupied. Only one of the units is allowed to be rented to a non-owner, unless an
exception is granted pursuant to the provisions of this Section.
2. A copy of the property’s homestead exemption from the Assessor shall be
submitted to the Zoning Division Director or designee on or before March 1st of
every odd-numbered year attesting to owner occupancy. These affidavits and a
record of compliance with this requirement will be kept on file at the Zoning
Division.
1 Throughout this document “##” is used to indicate a section or exhibit number that should be assigned during the
code drafting process.
Staff Review Draft 4 February 15, 2019
3. The Zoning Division Director or designee may grant an exception to the owner
occupancy requirement for temporary absences of two (2) years or less when the
owner submits acceptable reason of absence from the Naples/Collier County
Area, which may include military service, work assignment, or health reasons.
The Zoning Division Director or designee may grant one extension of up to one
(1) additional year. This exception would allow both units to be rented to non-
owners.
4. Purchasers of homes with an accessory dwelling unit must register with the
Zoning Division Director or designee within sixty (60) days of purchase by
submitting a notarized owner-occupancy affidavit.
5. If the provisions of this section are not met, the property owner shall cause the
accessory dwelling unit to be vacated as a dwelling unit and/or remove the unit
and return the property to its single-family dwelling status.
F. Number of ADUs. No parcel shall contain more than one (1) ADU. [Need to also
include language to ensure that density increase to allow for ADU does not count as
a second unit.]
G. Maximum Floor Area of the ADU. The floor area of a newly established ADU shall
not exceed the 550 square feet of floor area. The floor area is measured as the area
within the ADU itself and does not include areas of an accessory building that are
used for other purposes, such as a detached garage or a workshop that is not
incorporated into the ADU.
H. Setbacks. Buildings with internal or external ADUs shall comply with applicable
minimum setbacks for principal structures. Where an ADU is established in an
existing principal or accessory structure that fails to conform with applicable
setbacks for a principal structure, an ADU may be established on the ground floor
provided that the ADU is setback at least five (5) feet from the nearest property line.
The provisions of this paragraph do not apply to ADUs existing at the time of
adoption of this LDC.
I. Height. The height of a detached ADU shall not exceed fifteen (15) feet unless the
ADU is established in a legally non-conforming accessory building. If the County
wishes to allow upper floor garage apartments, the height could be increased to 24
feet, however this will result in some loss of privacy for adjacent property owners
unless restrictions on windows and balcony locations are established.
J. Building Code Compliance. All ADUs shall comply with building code requirements
for residences.
K. Design Standards. ADUs shall conform to the following design standards:
1. Integrated ADUs. Integrated ADUs shall not involve design modifications to the
exterior of the principal building that make their presence obvious. Where
exterior doors provide direct access to the integrated unit, such doors shall be
designed, located, and configured in a manner that is typical for secondary
access to a single-family building (e.g., side doors, French doors, etc.). External
Staff Review Draft 5 February 15, 2019
stairs are not allowed to provide access to a newly established second-story
ADU. If a building is expanded to accommodate an ADU, the expansion shall be
designed in a manner that is comparable to the principal building.
2. Detached ADUs. Detached ADUs shall be designed and configured in the
following manner:
a. Detached ADUs shall be permanently attached to a permanent foundation,
shall comply with locally adopted building codes for detached single-family
dwellings, shall be constructed of the same materials as the principal
structure, and shall have rooflines and other design features that are
consistent with those of the principal structure.
b. Where an alley access exists, ADUs shall take vehicular access from the alley.
c. The use of dormers shall be limited as follows:
i. A dormer ridge or roof line shall not extend above the primary roof
ridge.
ii. The width of a dormer face shall not exceed the lesser of sixteen (16)
feet or fifty (50) percent of the length of the wall plane upon which
the dormer is located.
iii. More than one dormer is allowed on a wall plane, provided that the
total combined width of dormer faces does not exceed fifty (50)
percent of the wall plane length.
iv. The space between dormers shall not be less than the greater of one-
half the width of the adjoining dormer, or one-half the average of the
two dormers if they are different sizes.
v. A dormer shall be set back a minimum of three (3) feet from the
nearest building wall plane that runs perpendicular to the dormer
face.
d. Second floor windows of detached units or garage units shall face streets
and alleys. Windows that face or overlook interior lot lines shall be located
at least three and one-half (3.5) feet above the finished floor unless the
Zoning Division Director or designee determines that other features are in
place to protect the privacy of the adjacent lot's rear yard.
e. Access to second floor units shall be from internal stairs, except that the
Planning Director may approve external stairs if:
i. External stairs parallel streets or alleys and are not located parallel to
interior side property lines; or
ii. The Zoning Division Director or designee determines that other
features are in place to protect the privacy of the adjacent lot’s rear
yard.
Staff Review Draft 6 February 15, 2019
f. Exterior second floor decks or balconies may not be located so they face or
overlook the interior side property lines. Decks or balconies for an ADU shall
face streets or alleys.
g. ADUs must be constructed on a fixed, permanent foundation. [The intent
with this provision is to avoid use of mobile homes as ADUs.]
3. Parking for ADUs.
a. In addition to the parking requirements for the principal building set out in
Section 4.05.01, one (1) off-street parking space shall be provided for the
ADU.
i. Existing on-site, required parking must be retained but may be
reconfigured.
ii. Parking spaces must be enclosed in a garage, under a carport, or on a
pad surfaced with a pervious parking surface approved by the County
Engineer.
5.05.## - Short-Term Vacation Rental
[Review in conjunction with ADUs. Note that “F.S. §509.032(7)(b) (2016) provides that a local
law, ordinance, or regulation, adopted after June 1, 2011, may not prohibit vacation rentals
or regulate the duration or frequency of rental of vacation rentals. This restricts the ability of
local governments to regulate short-term rentals. However, Florida’s First District Court of
Appeal in Bennett v. Walton County, 174 So. 3d 386 (Fla. 1st DCA 2015), presented a means
to potentially and significantly legally impair the Airbnb and VRBO business model.” See
Florida Bar Journal, February, 2017 Volume 91, No. 2, “Florida Community Associations
Versus Airbnb and VRBO in Florida” by William P. Sklar and Jerry C. Edwards
https://www.floridabar.org/news/tfb-
journal/?durl=%2Fdivcom%2Fjn%2Fjnjournal01.nsf%2F8c9f13012b96736985256aa9006248
29%2F2db1463a73b15092852580b400568181 ]
[Note: some jurisdictions distinguish between short-term room rental and short-term home
rental.]
A. Generally. One short-term vacation rental (STVR) unit be allowed in any single-
family dwelling unit in a [insert list of zoning districts] according to the standards of
this section. [They can’t be prohibited, but Miami Beach limits STVRs to specific
districts.]
B. Purpose. The provisions of this subsection are necessary to prevent unreasonable
burdens on services and impacts on residential neighborhoods posed by vacation
rental homes. Special regulation of these uses is necessary to ensure that they will be
compatible with surrounding residential uses and will not act to harm and alter the
neighborhoods in which they are located. Maintenance of existing residential
neighborhoods is essential to its continued economic strength. It is the intent of this
subsection to minimize the impact of vacation rentals on adjacent residences, and to
minimize the impact of the commercial character of vacation rentals.
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[Some jurisdictions limit the location and density of STVRs to limit their impacts on the
neighborhood character and housing prices, but this may be challenged as an unlawful
prohibition.]
C. Registration. Prior to establishing a STVR, the applicant shall submit an application
for [insert applicable business license title]. The application shall specify the
maximum number of occupants allowed in each individual vacation rental. The
maximum number of occupants allowed in a vacation rental home shall not exceed
the lesser of three (3) persons per on-site parking space, or two (2) persons plus two
persons per bedroom.
D. Appearance and Visibility. The vacation rental home use shall not change the
residential character of the outside of a dwelling unit, either by the use of colors,
materials, signage, lighting; or by the construction of accessory structures or
garages that are visible off-site and not of the same architectural character as the
residence; or by the emission of noise, glare, flashing lights, vibrations, or odors not
commonly experienced in residential areas.
E. Parking. All parking associated with a vacation rental home in a residential district
shall comply with Section 4.05.00 [Insert parking section applicable to single family
homes, and shall be on the same lot as the short-term vacation rental home.]. On-
street parking abutting the lot may be used to satisfy the parking requirements of
this paragraph.
F. Local Contact Person / Property Manager.
1. A designated property manager, who may be the owner of the vacation rental
home or the owner's agent, shall reside in Collier County.
2. The name, address, and telephone number(s) of the property manager shall be
submitted to the Police and Fire Departments and visibly posted in the unit. Any
change in the local contact person's address or telephone number(s) shall be
promptly furnished to said agencies.
G. Guest Registration Log Required. A guest registration log shall be maintained by the
owner, including the names and home addresses of guests, guest's license plate
numbers if traveling by car, dates of stay and the room number of each guest. The
log must be available for inspection by County officials upon request.
H. Fire Extinguishers. A at least one (1) fire extinguisher that is in good working order
shall be maintained at all times on each floor of the premises of all vacation rental
homes.
I. Required Notices. The following notices shall be posted in a conspicuous location
inside the rental unit:
1. A copy of the vacation rental permit;
2. The name, address, and telephone number(s) of the property manager;
3. The location of the fire extinguisher; and
Staff Review Draft 8 February 15, 2019
4. Information on the trash and curbside recycling programs.
J. Permits.
1. The vacation rental home permit number is required to be clearly displayed on
all advertisements and listings of the unit including online advertisements. For
those vacation rental homes in existence on the effective date of this provision,
the permit number will be distributed and must be displayed prior to any
renewal of the unit's business license.
2. Vacation rental home permits shall be granted solely to the applicant and shall
not be transferable to any other person or legal entity. The vacation rental home
permit shall include a non-transferability clause and the use shall be terminated
automatically upon the sale or change of ownership of the property for which a
permit has been issued.
K. Relationship to Other Ordinances.
1. Each short-term vacation home rental is subject to fees and taxes required for
hotels, motels and other facilities providing short-term accommodations.
2. Short-term vacation home rentals must meet the standards of the City's adopted
residential building codes, as amended from time to time.
Brewpubs, Cideries, Micro-distilleries. Add the following definitions to section 1.08.02 of the
LDC and allow by right in the GTMUD-MXD and BMUD-NC districts subject to the conditions
following the definitions:
Definitions:
Brewpub: A brewpub is:
Option A: An establishment where food, beer, and malt beverages are duly-
licensed to be produced, sold and/or consumed on site subject to applicable
State and local regulations. [This open definition may necessitate more detailed
performance standards to limit scale of operations. Because the State limits
brewpubs to 10,000 kegs (5,000 barrels or 155,000galons per year, a production
cap is not needed.]
Option B: Primarily an eating and drinking establishment (restaurant) with a
small brewery on the premises which produces beer, ale, or other malt beverage,
and where the majority of the beer produced is consumed on the premises. This
classification allows a brewpub to sell beer at retail and/or act as wholesaler for
beer of its own production for off-site consumption, subject to applicable State
licenses. [This limits brewing to an accessory role in the business, which can be
defined by area of operations or sales.]
Cidery: An establishment where food, beer, and beverages are duly-licensed to be
produced, sold and/or consumed on site. [Note that the same options for brewpub apply
to a cidery.]
Staff Review Draft 9 February 15, 2019
Microbrewery: An establishment where beer and malt beverages are duly-licensed to be
made on the premises and then sold or distributed, and which produces less than 15,000
barrels (465,000 U.S. gallons) of beer per year. [A numerical cap is established to limit
scale of production.]
Micro-distillery: A duly-licensed establishment primarily engaged in on-site distillation
of spirits in quantities not to exceed 75,000 gallons per year. The distillery operation
processes the ingredients to make spirits by mashing, cooking, and fermenting. The
micro-distillery operation does not include the production of any other alcoholic
beverage.
Regional brewery: A duly-licensed brewery with an annual beer production of between
15,000 and 6,000,000 barrels. A regional brewery may include a taproom as an
accessory use.
Taproom: A room that is ancillary to the production of beer at a brewery, cidery
microbrewery, and brewpub where the public can purchase and/or consume alcoholic
beverages on site subject to State and local regulations.
Tasting Room: A room that is ancillary to the production of spirits where the public can
purchase and/or consume the spirits produced by the micro-distillery on site subject to
State and local regulations.
Potential Use Standards:
Brewpubs and Cideries: In addition to the development standards of the applicable zoning
district, general development standards, and use specific standards for restaurants and bars,
an establishment that meets the definition of a brewpub shall comply with the following:
A. Revenue from food sales shall constitute more than 50 percent of the total business
revenues;
B. No more than 50 percent of the total gross floor area of the establishment shall be used
for the brewery function including, but not limited to, the brewhouse, boiling and water
treatment areas, bottling and kegging lines, malt milling and storage, fermentation
tanks, conditioning tanks and serving tanks;
C. Where permitted by local ordinance, state and federal law, retail carryout sale of beer
produced on the premises shall be allowed in specialty containers holding no more than
a U.S. gallon (3,785 ml/128 US fluid ounces). These containers are commonly referred to
as growlers;
D. Brewpubs may sell beer in keg containers larger than a U.S. gallon (3,785 ml/128 US
fluid ounces) for the following purposes and in the following amounts:
1. An unlimited number of kegs for special events, the primary purpose of which is
the exposition of beers brewed by brewpubs and microbreweries, which include
the participation of at least three such brewers.
2. An unlimited number of kegs for City co-sponsored events where the purpose of
the event is not for commercial profit and where the beer is not wholesaled to
the event co-sponsors but is instead, dispensed by employees of the brewpub.
Staff Review Draft 10 February 15, 2019
E. All mechanical equipment visible from the street (excluding alleys), an adjacent
residential use or residential zoning district shall be screened using architectural features
consistent with the principal structure;
F. Access and loading bays shall not face toward any street, excluding alleys;
G. Access and loading bays facing an adjacent residential use or residential zoning district,
shall have the doors closed at all times, except during the movement of raw materials,
other supplies and finished products into and out of the building;
H. Service trucks for the purpose of loading and unloading materials and equipment shall
be restricted to between the hours of 8:00 a.m. and 8:00 p.m. Monday through Saturday
and between 11:00 a.m. and 7:00 p.m. on Sundays and national holidays.
I. No outdoor storage shall be allowed. This prohibition includes the use of portable
storage units, cargo containers and tractor trailers.
Microbreweries and Microdistilleries: In addition to applicable development standards of
the zoning district, general development standards, and use specific development standards
for restaurant or retail uses, an establishment that meets the definition of a microbrewery
shall comply with the following:
A. In the GCMXD district, this use shall be permitted only in conjunction with a restaurant,
tap room, tasting room or retail sales and service:
B. No more than 75 percent of the total gross floor space of the establishment shall be used
for the brewery function including, but not limited to, the brewhouse, boiling and water
treatment areas, bottling and kegging lines, malt milling and storage, fermentation
tanks, conditioning tanks and serving tanks;
C. The façade and main entry of any accessory use(s) shall be oriented toward the street,
excluding alleys, and, if located in a shopping center, to the common space where the
public can access the use;
D. Pedestrian connections shall be provided between the public sidewalks and the primary
entrance(s) to any accessory use(s).
E. All mechanical equipment visible from the street (excluding alleys), an adjacent
residential use or residential zoning district shall be screened using architectural features
consistent with the principal structure;
F. Access and loading bays are discouraged from facing toward any street, excluding alleys;
G. Access and loading bays facing any street, adjacent residential use or residential zoning
district, shall have the doors closed at all times, except during the movement of raw
materials, other supplies and finished products into and out of the building;
H. Service trucks for the purpose of loading and unloading materials and equipment shall
be restricted to between the hours of 8:00 a.m. and 8:00 p.m. Monday through Saturday
and between 11:00 a.m. and 7:00 p.m. on Sundays and national holidays;
I. No outdoor storage shall be allowed, including the use of portable storage units, cargo
containers and tractor trailers, except as follows: spent or used grain, which is a natural
byproduct of the brewing process, may be stored outdoors for a period of time not to
exceed 24 hours. The temporary storage area of spent or used grain shall be:
Staff Review Draft 11 February 15, 2019
1. Designated on the approved site plan;
2. Permitted within the interior side or rear yard or within the minimum building
setbacks;
3. Prohibited within any yard abutting a residential use or residential zoning district;
4. Fully enclosed within a suitable container, secured and screened behind a solid,
opaque fence or wall measuring a minimum five feet in height.
J. Where provided, tasting or tap rooms, occupying a gross floor area of no less than 500
sq. ft.
Doggie Dining. The following sample ordinance text would enable Collier County to allow residents
to take their dogs with them when they visit certain restaurants with outdoor dining. While not
appropriate in all contexts, this option can enhance the ambiance of neighborhood restaurants and
promote community interaction.
#.##.## - Doggie Dining.
A. Purpose. Pursuant to section 509.233(2), Florida Statutes, there is hereby created in
Collier County, a local exemption procedure to certain provisions of the United States
Food and Drug Administration Food Code, as amended from time to time and as
adopted by the State of Florida Division of Hotels and Restaurants of the Department of
Business and professional Regulation, in order to allow patrons' dogs within certain
designated outdoor portions of public food service establishments, which exemption
procedure may be known as the Dog Friendly Dining Program.
B. Definitions. As used in this section:
1. Division – the Division of Hotels and Restaurants of the State of Florida Department
of Business and Professional Regulation.
2. Dog – an animal of the subspecies canis lupus familiaris.
3. Outdoor Area – an area adjacent to a public food service establishment intended for
use by patrons of such public food service establishments, which area is not heated
or cooled in conjunction with the public food service establishment it serves and is
not enclosed by walls, doorways and closeable windows covering 100% of the
combined surface area of the vertical planes constituting the perimeter of the area.
4. Public Food Service Establishment – Any building, vehicle, place or structure where
food is prepared, served or sold for immediate consumption on or in the vicinity of
the premises, called for or taken out by customers or prepared prior to being
delivered to another location for consumption.
C. Permit Required, Applications.
5. To protect the health, safety and general welfare of the public, a public food service
establishment is prohibited from having any dog on its premises unless it possesses a
valid permit issued in accordance with this section.
Staff Review Draft 12 February 15, 2019
6. B. Applications for a permit under this section shall be made to the [permit issuing
authority] on a form provided for such purpose by the County and shall include,
along with any other such information deemed reasonably necessary by the [permit
issuing authority] to implement and enforce the provisions of this section:
a. The name, mailing address and telephone contact information of the permit
applicant and the subject food service establishment.
b. A diagram and description of the outdoor area to be designated as available to
patrons' Dogs, including dimensions of the designated area; a depiction of the
number and placement of tables, chairs and restaurant equipment, if any; the
entryways and exits to the designated outdoor area; the boundaries of the
designated area and of any other areas of outdoor dining not available for
patrons' dogs; any fences or other barriers; surrounding property lines and
public rights-of-way, including sidewalks and common pathways; and such other
information reasonably required by the [permit issuing authority]. The diagram
or plan shall be accurate and to scale but need not be prepared by a licensed
design professional.
c. A description of the days of the week and hours of operation that patrons' dogs
will be permitted in the designated outdoor area.
d. All application materials shall contain the appropriate license number for the
subject public food service establishment issued by the division.
e. A permit fee of fifty dollars ($50.00).
7. Each permit shall expire on the December 31 next following issuance, regardless of
when issued.
8. The County reserves the right to deny the application for a permit under this section
to any public food service establishment found to have violated the provisions of this
section in three (3) or more instances during the twelve (12) months preceding the
date of receipt of the permit application.
D. General Regulations; Cooperation. In order to protect the health, safety and general
welfare of the public and pursuant to section 509.233, Florida Statutes, all permits issued
pursuant to this section are subject to the following requirements:
1. All public food service establishment employees shall wash their hands promptly
after touching, petting or otherwise handling any dog. Employees shall be prohibited
from touching, petting or otherwise handling any dog while serving food or
beverages or handling tableware or before entering other parts of the public food
service establishment.
2. Patrons in a designated outdoor area shall be advised that they should wash their
hands before eating. waterless hand sanitizer shall be provided at all tables in the
designated outdoor area.
3. Employees and patrons shall be instructed that they shall not allow dogs to come in
to contact with services dishes, utensils, tableware, linens, paper products or any
other items involved in food service operations.
Staff Review Draft 13 February 15, 2019
4. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under
reasonable control.
5. Dogs shall not be allowed on chairs, tables or other furnishings.
6. All table and chair surfaces shall be cleaned and sanitized with an approved product
between seating of patrons. Spilled food and drink shall be removed from the floor
or ground between seating of patrons.
7. Accidents involving dog waste shall be cleaned immediately and the area sanitized
with an approved product. A kit with the appropriate materials for this purpose shall
be kept near the designated outdoor area.
8. At least one sign reminding employees of the applicable rules, including those
contained in this part and those additional rules and regulations, if any, included as
condition of a permit issued by the [permit issuing authority], shall be posted in a
conspicuous location frequented by employees within the Public Food Service
Establishment. The mandatory sign shall be not less than eight and one-half inches
in width and eleven inches in height and printed in easily legible typeface of not less
than twenty-point font size.
9. At least one sign reminding patrons of the applicable rules, including those
contained in this part and those additional rules and regulations, if any, included as
a condition of a permit issued by the [permit issuing authority], shall be posted in a
conspicuous location within the designated outdoor portion of the public food
service establishment. The mandatory sign shall be not less than eight and one-half
inches in width and eleven inches in height and printed in easily legible typeface of
not less than twenty-point font size.
10. At all times while the designated outdoor portion of the public food service
establishment is available to patrons and their dogs, at least one sign shall be posted
in a conspicuous and public location near the entrance to the designated outdoor
portion of the public food service establishment, the purpose of which shall be to
place patrons on notice that the designated outdoor portions of the public food
service establishment is currently available to patrons accompanied by their dog or
dogs. The mandatory sign shall be not less than eight and one-half inches in width
and eleven inches in height and printed in easily legible typeface of not less than
twenty-point font size
11. Dogs shall not be permitted to travel through indoor or undesignated outdoor
portions of the public food service establishment and ingress and egress to the
entrance into or passage through any indoor or undesignated outdoor portion of the
public food service establishment.
12. A permit issued pursuant to this section shall not be transferred to a subsequent
owner upon the sale or transfer of a public food service establishment but shall
expire automatically upon such sale or transfer. The subsequent owner shall be
required to reapply for a permit pursuant to this section if such owner wishes to
Staff Review Draft 14 February 15, 2019
continue to accommodate patrons' dogs. Permit must be displayed in a prominent
location.
E. Enforcement, Penalty.
1. The provisions of this section are cumulative. Nothing herein shall be construed to
permit any activity or condition which would constitute a nuisance or be contrary to
any law or legal duty. Notwithstanding the issuance of a permit issued in accordance
with this section, a public food service establishment may still be in violation of other
provisions of law.
2. In accordance with section 509.233(6), Florida Statutes, the [permit issuing
authority] shall accept and document complaints related to the doggie dining
program within the County and shall timely report to the Division all such complaints
and the City’s enforcement response to such complaint. The [permit issuing
authority] shall also timely provide the Division with a copy of all approved
applications and permits issued pursuant to this section.
3. The provisions of this section may be enforced by the [permit issuing authority]. Any
person determined to have willfully failed to comply with any provision of this
section shall be guilty of an offense punishable as provided in section ## of the
County Code. Each dog on the premises of a public food service establishment in
violation of this section shall constitute a separate offense. This penalty is in
addition to any other remedy available to the County.
GTMUD-MXD District. While land uses authorized within the GTMUD district are generally appropriate
with some exceptions noted below, many heavy commercial/light industrial uses are allowed by the
underlying zoning districts. The County should consider adding the following uses and establishing the
following design and operational standards to mitigate the impacts of these uses on residences allowed
within the area:
Auto Repair. Neither “auto repair” nor “repair” are defined in section 1.08.02. Presumably,
“repair”, which is listed as a permitted use in the BMUD-NC and the GTMUD-MXD includes auto
repairs. Since auto repairs, along with allowed metal products fabrication and some research
and development activities can be relatively intensive and noisy operation, these uses could be
made more compatible if each of these uses were defined as industrial buildings and the
following specific design and operations standards were added to the section 5.05.08-E.6.:
Garages and Loading Bays: Within a GTMUD or BMUD [Consider broadening
applicability.] district, industrial/factory buildings shall be designed so that garage or
loading bay openings do not face a residential zoning district located within 200 feet of
the opening. Existing industrial/factory buildings that have garage or loading bay
openings that face a residential zoning district that is located within 200 feet of a
residential district shall remain closed during operations of the use, except when the
opening is being used to move goods or vehicles into or out of the building.
Outside Operations: No outside operations are allowed within 400 feet of a residential
district except for the purpose of moving items into or out of authorized outdoor storage
areas.
Staff Review Draft 15 February 15, 2019
Expanded Neighborhood Commercial Areas. The Redevelopment Plan promotes more urban-style
development, including an increase in mixed-use designations, in Section 3.2, Objective 1, Strategy 1.
Allowing the BMUD-NC designation along Bayshore Drive be extended an additional parcel in depth to
allow more space for this type of development to occur would help achieve this objective. An equivalent
of the BMUD-NC designation should be applied to parcels abutting the southern portion of Shadowlawn
Drive (south of Shadowlawn Elementary) for a single lot depth to facilitate more mixed-use
development in the Triangle area (see Map 2-1). Unlike the Bayshore corridor, the street patterns along
Shadowlawn Drive are poorly suited to support compatible extension of commercial zoning or auxiliary
parking beyond the lots facing the corridor. Developers will retain the option to apply for a PUD on sites
to obtain mixed-use allowances.
Repetitive Residential Design. Participants in the CRA Plan process raised concerns about the need for
standards to avoid repetitive housing design. While diverse design is not specifically addressed for
residential units in section 4.02.16 (Design Standards for Development in the Bayshore Gateway Triangle
Redevelopment Area), the section provides design guidance for several residential unit types. If the
County determines that redundant design is an issue, it could address this by extending the applicability
of some of the architectural and site design standards in section 5.05.08 to address multi-family and
single-family attached residences. In particular, the County could apply the building design standards for
façades/wall height transition elements, variation in massing, building design treatments, roof
treatments in sections 5.05.08.D.3, 4, 5, and 10. Applicable provisions could be added to 4.02.16 rather
than cross-referencing section 5.05.08.
Staff Review Draft 16 February 15, 2019
Map 2-1: Comparison of Current Overlay Districts to Overlay Districts with Expansion of Neighborhood
Existing Overlays Expanded BMUD-NC and Added GTMUD-NC
Staff Review Draft 17 February 15, 2019
3.0 Commercial Areas Deviations
Administrative deviations by the County Manager are authorized for architectural and site design
standards in Section 5.05.08, for landscaping buffering in section 10.02.03-A3 and for mixed-use plans in
section 10.02.15-B. The mixed-use plan deviations, which are limited to mixed-use developments
include front setbacks, architectural and site design standards, landscape and buffer requirements, and
parking space requirements. In addition to allowing these deviations for mixed-use development in the
GTMUD-MXD and BMUD-NC, the County should consider extending all of these deviation options to the
same single use developments in these overlay developments as are permitted in Section 5.05.08. To
achieve this, Section 10.02.15-B.1. could be amended as follows:
1. Authority. The County Manager or designee may grant administrative deviations for proposed
developments requesting, or which have obtained, MUP approval through a public hearing
process. The following administrative deviations may be granted for the above-referenced MUPs
and for site plans for the uses listed in Section 5.05.08-G.4., providing such deviation requests
demonstrate compliance with the applicable criteria.
The following uses from 5.05.08-G.4 are those recommended to be made eligible for deviations in
10.02.15-B.1. This would ease development generally for several community-oriented uses and smaller
properties with a commercial zoning designation.
Section 5.05.08-G.4 uses:
• Assembly
• Educational
• Institutional
• Mixed use buildings (such as commercial/residential/office)
• Any other non-commercial building, or use, that is not listed under LDC section 5.05.08 E. Design
standards for specific building types of this section, and due to its function, has specific
requirements making meeting LDC section 5.05.08 standards unfeasible.
• Buildings located on property with a commercial zoning designation when submitted for Site
Development Plan review except for the following:
o Buildings with a gross building area of 10,000 square feet or more on the ground floor.
o Multi-story buildings with a total gross building area of 20,000 square feet or more.
o Project sites with more than one building where the aggregate gross building area is
20,000 square feet or more. Individual buildings within a project site that have been
previously granted deviations where additional development causes an aggregation of
building area 20,000 square feet or greater, must bring existing buildings up to the
requirements of LDC section 5.05.08.
The deviations would also be expanded to the specific requirements listed under the following sections:
• LDC section 5.05.08 B.3. Alterations to an existing building.
• LDC section 5.05.08 E.2.d. for Self-storage buildings
Note that these uses and requirements are already listed for deviations from the architectural and site
design standards in 5.05.08, the additional deviations would likely be geared primarily towards any
additional requirements for front setbacks, landscape and buffer requirements, and parking space
requirements.
Staff Review Draft 18 February 15, 2019
There are several additional requirements to meet for Section 10.02.15-B.1 deviations. For setback
deviations, the project must also meet the following conditions or circumstances:
• If constructed where otherwise required, the building(s) or structure(s) would conflict with
regulatory standards for existing public utilities or encroach into an associated public
utility easement, which cannot reasonably be relocated or vacated based on physical or legal
restrictions, as applicable.
• The property has a unique or challenging parcel shape or boundary, such as a narrow lot
frontage on the public street.
Additionally, “in order to administratively approve a front setback deviation, the proposed design shall
create a connective and walkable environment by demonstrating a comparable relationship between
proposed alternative building(s) location(s) and their associated pedestrian and vehicular pathways, and
associated parking facilities and transit alternatives.”
To be eligible for landscape and buffer requirements, the project “must additionally provide a minimum
of 110 percent of the open space requirement for mixed use projects in addition to other conditions
that the County Manager or designee deems necessary.”
4.0 Parking and Driveways
The parking provisions and the provisions for deviations seem to be reasonable within the existing LDC.
Parking ratios, provisions for off-site parking, provision for parking in the right-of-way, and flexibility
provided within the CRA are reasonable, particularly if the recommendations above for deviations are
incorporated. To expand the County’s flexibility to efficiently address the needs of infill development,
the County may wish to explore the potential to establish parking mitigation fees that allow an applicant
to pay into a parking fund that would be dedicated to the capital costs of providing additional parking to
targeted areas within the CRA.
During development of the CRA Redevelopment Plan, participants raised concerns about limitations on
the creation of circular driveways. Many, if not most of the lots in the area lack sufficient width to
accommodate circular drives, which are permitted on lots with widths of 100 feet or greater. The
maximum driveway width permitted in the Bayshore Gateway for single family residential lots is 18 feet
measured at the right of way line. These requirements apply to the portion of the driveway located in
the County right-of-way. Accommodating circular drives on narrow lots means that most of the front
yard area would be paved, which creates both aesthetic and drainage issues. As a result, it is
recommended to retain the existing requirements at this time.
5.0 Streetwalls
An additional concern raised during the Redevelopment Plan update process was the requirement of
streetwalls for non-residential surface parking lots that abut the right-of-way of certain roadways, as set
out in Section 4.02.16 E. 3. ii. of the LDC. This section indicates where streetwalls are applicable:
“Streetwalls shall be used when surface parking lots for non-residential uses abut the right-of-way of
Bayshore Drive, Van Buren Avenue, Thomasson Drive in the BMUD and US 41, Davis Boulevard, and
Commercial Drive in the mini-triangle portion of the GTMUD” (see Map 4-1).
Staff Review Draft 19 February 15, 2019
The County should make the streetwall requirement more flexible by allowing a streetwall with smaller
landscaping buffers or allowing buffers with no streetwall. If a streetwall is put in place without
landscape buffers, then other amenities should be provided (e.g., shade elements, expanded sidewalks,
murals, public art, etc.). Note that the CRA and MSTU are currently looking into a licensing agreement
with property owners to take over installation and maintenance of buffer landscaping and walls to allow
for a unified look.
Figure 4-1 shows a diagram of the current streetwall requirements. The following additional regulatory
adjustments are recommended:
• Limit the wall height to three feet (current max height is 4 feet).
• Clarify the applicability of the streetwall and setback requirements to front parking (50% of total
parking is allowed out front) and lots where parking as a primary use. The current code is
unclear and could be interpreted many ways.
• If streetwall requirement is retained for front parking and lots where parking is a primary use,
add exemption for existing parking between the building and the street for several developed
sites and transitional provisions established.
• Consider including requirements for residential units to provide streetwalls. As the corridors
change over time, there may be new residential developments with similar parking
arrangements as commercial – for visual consistency it may make sense to have streetwalls
along those frontages as well.
Staff Review Draft 20 February 15, 2019
Figure 5-1: Streetwall Diagram of Current Regulations
Staff Review Draft 21 February 15, 2019
Map 5-1: Roadways Where Streetwall Requirements of Section 4.02.16 E. 3. ii are Applicable
Note: requirements only apply to non-residential uses abutting right-of-way of highlighted roadways.
Staff Review Draft 22 February 15, 2019
6.0 Building Height Transitions
During CRA Redevelopment Plan development, participants raised concerns about height transitions
between the more intensive GTMUD and BMUD districts and surrounding residential neighborhoods.
The main areas where this is likely to occur are:
• Between mixed-use or commercial development in the GTMUD-MXD district (which may be 56
feet in height and abutting development in the GTMUD-R district (which is limited to 35 feet in
height); and
• Between mixed-use or commercial development in the BMUD-NC or BMUD-W districts (which
may be 56 feet in height) and abutting development in the BMUD-R1 through BMUD-R4 districts
(which is limited to 35 feet in height).
To address this, the County should consider adopting bulk plane provisions that require portions of
buildings in the GTMUD-MXD, BMUD-NC or BMUD-W that abut a lot in the GTMUD-R, BMUD-R1,
BMUD-R2, BMUD-R3 or BMUD-R4 district to be set back an additional 1 foot for each 1 foot in height
that the applicable portion of the building exceeds 42 feet in height.
7.0 Potential Incentives
Density Pool Unit Eligibility Criteria and Approval Process. Currently, the Growth Management Plan
identifies certain locations within the Bayshore Gateway Triangle Redevelopment Overlay in conjunction
with certain project eligibility criteria that qualify a project for use of bonus density pool units. The LDC
currently restricts the use of these units to mixed use projects in the BMUD-NC, BMUD-W, GTMUD-MXD
(see LDC Sec. 10.02.15). The bonus density is calculated by deducting the base density of the underlying
zoning district from the 12 unit maximum being sought; the difference in units per acre determines the
bonus density allocation. The process currently requires both a public hearing with the Planning
Commission and the Board of County Commissioners. Input from the Redevelopment Plan update
process indicated a desire for a more formal CRA role in this review process when the density bonus is
sought in the CRA.
Additionally, the Growth Management Plan requires properties having direct frontage on one or more of
Bayshore Drive, Davis Boulevard, Airport- Pulling Road (west side only), or US 41 East to have a Planned
Unit Development designation to be eligible for density pool units. It also requires that the project have
a minimum acreage of 3 acres, constitute redevelopment of a site, and consist of all market-rate units.
The following changes are recommended:
• Remove the acreage requirements in the Growth Management Plan (GMP) and LDC for use of
these units, including an exception to PUD acreage requirements for developments in the
Bayshore Gateway Triangle Redevelopment Overlay (note that the PUD requirement would still
be retained where applicable in the GMP); this change will allow for a mix of sizes of
developments that can qualify for bonus density pool units, while still allowing the Planning
Commission and County Commission a say in the development process by retaining the other
PUD requirements where currently applicable.
• Remove mixed-use requirement to allow single-use residential projects in the BMUD-NC to also
use these units; this change will allow for an additional option via higher density residential
developments to transition between commercial/mixed-use areas and lower density residential
neighborhoods bordering these areas. In this way, higher density residential can act as a buffer.
Staff Review Draft 23 February 15, 2019
• Remove, where currently applicable, the requirement that all units in a development must be
market-rate. If a developer chose to build workforce/affordable housing in the area, they should
still be eligible for bonus density pool units.
• It is recommended that the Advisory Board be formally included in the approval process for
more tailored decision-making to the area and that the public hearing requirements be removed
to make the process more administrative in nature.
• Consideration should be given to tying additional bonus density from the Density Pool to the
provision of community amenities. The County may wish to consider the provision of density
and/or height bonuses in exchange for the provision of additional amenities within a
development, such as surplus structured parking that could be made available for parking
mitigation purposes or surplus community spaces, such as expanded sidewalks, courtyards,
plazas or pocket parks. In evaluating these incentives, the County may:
• Allow densities or heights in excess of those allowed by right in the current ordinance;
• Require that densities or heights over a portion of what is currently allowed be earned
by provision of amenities (e.g., if current height is 42 feet, then 35 feet allowed by right
and 7 feet could be earned through incentives); or
• A combination of the above.
The first approach would provide the greatest fiscal incentive for infill development but may not
be appropriate for all portions of the Bayshore CRA. Prior to deciding on one of the above
approaches, the County should determine how much flexibility exists for increased heights or
densities and identify the greatest public needs for which bonus densities or heights may be
granted. Coordination with local property owners and developers would be needed to establish
the relative values of desired improvements and the density bonuses.
Other Density Bonus Considerations
In addition to the availability of the Density Bonus Pool, the other density bonus currently available
within the Bayshore Gateway CRA is the Affordable Housing Density Bonus Program (AHDBP). Following
the refinement of the criteria associated with the density pool units described in the previous section,
consideration could be given to adjusting the AHDBP, to make it more attractive to build
affordable/attainable housing units within the Bayshore Gateway CRA. Some potential ideas for
adjustments could include the following:
• Remove one-unit reduction of base density in the Coastal High Hazard Area (CHHA) to
encourage use of affordable housing density bonus; these provisions can be made in
conjunction with a review and any needed modification of housing design provisions to ensure a
certain level of resilient building quality in the CHHA.
• Allow for applicants within the CRA to use the bonus density pool to get up to 12 units or the
affordable-workforce housing density bonus to get up to 12 units. To further incentivize building
affordable housing, the programs could be combined to allow up to 24 units per acre if you use
both the bonus density pool and affordable-workforce housing density bonus programs. The
bonus density pool would be used for the first additional units and the affordable-workforce
housing bonus density program for the next 12.
• Make the affordable-workforce housing density bonus a ministerial process (staff approval only,
no formal public hearing) to encourage its use.
Staff Review Draft 24 February 15, 2019
Any potential changes to the AHDBP should be closely coordinated with Community & Human Services
Division to ensure integration with their efforts on implementing the Community Housing Plan.
8.0 Drainage
The CRA area has some local streets with sufficient right-of-way to safely accommodate additional on-
street or head-in parking. Some of these streets rely on swales to accommodate stormwater
management needs. The County should explore opportunities to replace swales with green
infrastructure alternatives that could accommodate parking and the stormwater functions of the
existing swales. In evaluating this alternative, the County will need to balance the benefits of additional
parking supplies with the capital and maintenance costs for the green infrastructure. Green
infrastructure can include, but is not limited to:
(a) Green infrastructure (GI) for planting areas includes:
1. Bioswales;
2. Bioretention
cells;
3. Constructed
wetlands;
Staff Review Draft 25 February 15, 2019
4. Dry detention
basins;
5. Stormwater
planters; and
6. Green roofs.
Staff Review Draft 26 February 15, 2019
(b) Green infrastructure that does not require planting includes:
1. Infiltration
Trenches;
2. Cisterns and
underground
stormwater
chambers,
constructed
for detention;
3. Blue roofs; or
4. Retention
ponds.
Staff Review Draft 27 February 15, 2019
(c) Design and construction of hardscape surfaces, including but not limited to
parking spaces, drive aisles, walkways, and gathering spaces with pervious paving.
(d) Alternative green infrastructure designs that the City Engineer determines will
safely and efficiently manage stormwater.
9.0 Additional Concerns
The following additional regulatory concerns have been raised during the development of the CRA Plan:
Site Development Plan Review Process. The CRA Area Redevelopment Plan amendment process
highlighted the desire for better incorporation of the CRA staff and Advisory Board into the site
development plan review process. It is important to balance deliberative review with strong reliance on
the LDC (and amendments to the LDC to achieve as much of the development vision as possible), which
helps avoid excessive deliberative decision-making and a resulting slow-down of the process. To this
end, in conjunction with the other LDC amendments for development requirements listed in this memo,
the CRA should be included in public notice requirements when a property within the CRA area is
rezoned or requires a public hearing process for other reasons; the CRA should receive the same notice
that adjacent property owners receive. This notice will allow CRA staff to invite applicants to an Advisory
Board meeting to discuss proposals prior to public hearing.
Heavy Commercial/Industrial Uses. The current GMP provisions for the Bayshore/Gateway Triangle
Redevelopment Overlay allow for uses permitted under existing zoning districts to continue
(development and redevelop) unless the zoning overlay is amended to restrict those uses. As noted
elsewhere in this document, the current zoning overlay allows for all permitted uses associated with the
base zoning districts as long as the zoning overlay’s dimensional standards are met. It is recommended
that the overlay and/or the GMP be amended to restrict those industrial-oriented uses (particularly
under the C-5 zoning district) that may be incompatible with the vision of the Bayshore Gateway CRA.
Housing Unit Size. The VR district does not establish a minimum floor area for dwelling units, which
would allow the development of tiny houses at the maximum allowable densities in each district. The
County should determine whether this is an oversight or whether the district is an appropriate district to
allow tiny houses and other developments with small footprint residential units.
Gated Communities. Concerns raised about gated communities include two distinct issues: whether to
allow private roads with or without gates and whether to allow the construction of walls around
residential developments. Both of these issues are significant policy issues that involve discussions that
extend beyond the boundaries of the CRA. The private streets discussion should address the issues of
design and long-term maintenance of private streets, in addition to the issues of limiting public access
and providing adequate connectivity to foster automotive, bike and pedestrian mobility. The walled
neighborhood discussion should focus on design, connectivity and mobility concerns.
Overlay District Applicability. A need for clarity on the applicability of Bayshore Gateway Triangle
Mixed Use District Overlays in relation to the base zoning districts arose from the LDC update process.
To this end, the Purpose and Intent sections from Section 2.03.07 for these overlays should be added to
Section 4.02.16, which includes the design criteria for these overlays. Language should be added to
these sections to indicate that the regulations in these sections should support and be consistent with
the CRA Area Redevelopment Plan and vision.
Staff Review Draft 28 February 15, 2019
The following information provides more explanation on the relationship between these overlays and
base zoning districts. The LDRs establish the land uses allowed within each BMUD and GTMUD
subdistrict, paragraph 3 of section 2.03.07 allows the property owner to choose between overlay and
base zoning standards for uses and densities subject to the design standards established in Sections
4.02.16. Paragraph 3 states that:
“Development in the activity center is governed by requirements of the underlying zoning
district and the mixed-use activity center subdistrict requirements in the FLUE, except for site
development standards as stated in section 4.02.16 of the LDC.”
and
“Property owners within the BMUD may establish uses, densities and intensities in accordance
with the LDC regulations of the underlying zoning classification, or may elect to
develop/redevelop under the provisions of the applicable BMUD Subdistrict. In either instance,
the BMUD site development standards as provided for in section 4.02.16 shall apply.”
While the language is not clear, the first provision is intended to state that Section 4.02.16 replaces most
base district lot development standards (e.g., lot width, yards/setbacks, floor areas, building separation
and building height). The second provision above allows the property owner to choose between the
base district and the overlay district for applicable uses and densities. The use limitations of the overlay
district should prevail over the base zoning where there are conflicts. Because the densities established
in section 4.02.16 for the BMUD-R1, BMUD-R2, BMUD-R3, BMUD-R-4 and GTMUD-R subdistricts defer
to the base district zoning densities of most residential lots are subject to base district densities. There
are only 6 lots within the BMUD and GTMXD districts that are affected by density provisions of the
second provision above. These lots front on Bayshore Drive within the BMUD-NC subdistrict and have
RMF-6 base zoning. For these parcels, the property owner can choose between the 6 dwelling units per
acre allowed by the base zoning or 12 dwelling units per acre allowed by the overlay district (note that
the 12-unit maximum is obtained through density bonus provisions).
While the practical effect of the above provisions is minimal, the confusion could be reduced by revising
Section 2.03.07 l.3. as follows:
3. Relationship to the Underlying Zoning Classification and Collier County Growth Management
Plan.
a. The purpose of the BMUD is to fulfill the goals, objectives and policies of the Collier County
Growth Management Plan (GMP), as may be amended. Specifically, the BMUD implements
the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the
Future Land Use Element. Portions of the Bayshore Overlay District coincide with Mixed Use
Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County
GMP. Development in the activity center is governed by requirements of the underlying
zoning district and the mixed-use activity center subdistrict requirements in the FLUE,
except where site development standards are established in section 4.02.16 of the LDC, they
shall prevail over conflicting base district standards.
b. Property owners within the BMUD may establish densities in accordance with the LDC
regulations of the underlying zoning classification or may elect to develop/redevelop under
Staff Review Draft 29 February 15, 2019
the provisions of the applicable BMUD Subdistrict. In either instance, BMUD site
development shall comply with the design standards for development established in section
4.02.16.
Advisory Board Application Form
Collier County Government
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
(239) 252-8400
Application was received on: 11/16/2018 9:22:38 AM.
Name: Allen M Schantzen Home Phone: 239 370 7763
Home Address: 3321 Canal St
City: Naples Zip Code: 34112
Phone Numbers
Business:
E-Mail Address: stackoil@comcast.net
Board or Committee: Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Category: Not indicated
Place of Employment: Retired
How long have you lived in Collier County: more than 15
How many months out of the year do you reside in Collier County: I am a year-round resident
Have you been convicted or found guilty of a criminal offense (any level felony or first degree
misdemeanor only)? No
Not Indicated
Do you or your employer do business with the County? No
Not Indicated
NOTE: All advisory board members must update their profile and notify the Board of County
Commissioners in the event that their relationship changes relating to memberships of organizations
that may benefit them in the outcome of advisory board recommendations or they enter into contracts
with the County.
Would you and/or any organizations with which you are affiliated benefit from decisions or
recommendations made by this advisory board? No
Not Indicated
Are you a registered voter in Collier County? Yes
Do you currently hold an elected office? No
Do you now serve, or have you ever served on a Collier County board or committee? No
Not Indicated
Please list your community activities and positions held:
Naples Airport Authority Noise Abatement Committee Naples Botanical Garden - Dog Committee
Member Unofficial neighborhood watch participant Curator of a whimsical area called Ponderville
Education:
High School, Military and Aviation Related Schools
Experience / Background
40 years Aviation Maintenance USAF Veteran, Two tours Republic of Vietnam Have held positions
throughout my career, including but not limited to: Director and Chief of Maintenance, Flight Examiner,
Flight Engineer/Load Master with 271 combat flight hours. Homeowner/Resident in the CRA area since
1990. Active in non-government community affairs.
Advisory Board Application Form
Collier County Government
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
(239) 252-8400
Application was received on: 2/14/2019 9:13:02 AM.
Name: Jeffrey L. Scott Home Phone: 239-248-5226
Home Address: 3389 Lakeview Drive
City: Naples Zip Code: 34112
Phone Numbers
Business:
E-Mail Address: jeffscottinnaples@gmail.com
Board or Committee: Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Category: Not indicated
Place of Employment: South Florida Architects Inc.
How long have you lived in Collier County: more than 15
How many months out of the year do you reside in Collier County: I am a year-round resident
Have you been convicted or found guilty of a criminal offense (any level felony or first degree
misdemeanor only)? No
Not Indicated
Do you or your employer do business with the County? No
Not Indicated
NOTE: All advisory board members must update their profile and notify the Board of County
Commissioners in the event that their relationship changes relating to memberships of organizations
that may benefit them in the outcome of advisory board recommendations or they enter into contracts
with the County.
Would you and/or any organizations with which you are affiliated benefit from decisions or
recommendations made by this advisory board? No
Not Indicated
Are you a registered voter in Collier County? Yes
Do you currently hold an elected office? No
Do you now serve, or have you ever served on a Collier County board or committee? No
Not Indicated
Please list your community activities and positions held:
Was past member on Rotary Club of Naples
Education:
Bachelor Degree in Architecture from Kent State University
Experience / Background
Registered Architect State of Florida AR 10158 Been in Naples for 30 years Look forward to serving on
Neighborhood Board
Florida Senate - 2019 SB 1054
By Senator Lee
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A bill to be entitled 1
An act relating to community redevelopment agencies; 2
creating s. 112.327, F.S.; defining terms; prohibiting 3
a person from lobbying a community redevelopment 4
agency until he or she has registered as a lobbyist 5
with that agency; providing registration requirements; 6
requiring an agency to make lobbyist registrations 7
available to the public; requiring a database of 8
currently registered lobbyists and principals to be 9
available on certain websites; requiring a lobbyist to 10
send a written statement to the agency canceling the 11
registration for a principal that he or she no longer 12
represents; authorizing an agency to remove the name 13
of a lobbyist from the list of registered lobbyists 14
under certain circumstances; authorizing an agency to 15
establish an annual lobbyist registration fee, not to 16
exceed a specified amount; requiring an agency to be 17
diligent in ascertaining whether persons required to 18
register have complied, subject to certain 19
requirements; requiring the Commission on Ethics to 20
investigate a lobbyist or principal under certain 21
circumstances, subject to certain requirements; 22
requiring the commission to provide the Governor with 23
a report of its findings and recommendations in such 24
investigations; authorizing the Governor to enforce 25
the commission’s findings and recommendations; 26
authorizing community redevelopment agencies to adopt 27
rules to govern the registration of lobbyists; 28
amending s. 112.3142, F.S.; requiring ethics training 29
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for community redevelopment agency commissioners; 30
specifying requirements for such training; amending s. 31
163.340, F.S.; revising the definition of the term 32
“blighted area”; amending s. 163.356, F.S.; revising 33
reporting requirements; deleting provisions requiring 34
certain annual reports; amending s. 163.367, F.S.; 35
requiring ethics training for community redevelopment 36
agency commissioners; amending s. 163.370, F.S.; 37
revising the list of projects that are prohibited from 38
being financed by increment revenues; requiring 39
community redevelopment agencies to follow certain 40
procurement procedures; creating s. 163.371, F.S.; 41
requiring a community redevelopment agency to publish 42
certain digital boundary maps on its website; 43
providing annual reporting requirements; requiring a 44
community redevelopment agency to publish the annual 45
reports on its website; creating s. 163.3755, F.S.; 46
providing termination dates for certain community 47
redevelopment agencies; creating s. 163.3756, F.S.; 48
providing legislative findings; requiring the 49
Department of Economic Opportunity to declare inactive 50
community redevelopment agencies that have reported no 51
financial activity for a specified number of years; 52
providing hearing procedures; authorizing certain 53
financial activity by a community redevelopment agency 54
that is declared inactive; providing applicability; 55
providing for construction; requiring the department 56
to maintain a website identifying all inactive 57
community redevelopment agencies; amending s. 163.387, 58
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F.S.; specifying the level of tax increment financing 59
that a governing body may establish for funding the 60
redevelopment trust fund; effective on a specified 61
date, revising requirements for the use of 62
redevelopment trust fund proceeds; limiting allowed 63
expenditures; revising requirements for the annual 64
budget of a community redevelopment agency; revising 65
requirements for use of moneys in the redevelopment 66
trust fund for specific redevelopment projects; 67
revising requirements for the annual audit; requiring 68
the audit to be included with the financial report of 69
the county or municipality that created the community 70
redevelopment agency; amending s. 218.32, F.S.; 71
revising criteria for finding that a county or 72
municipality failed to file a report; requiring the 73
Department of Financial Services to provide a report 74
to the Department of Economic Opportunity concerning 75
community redevelopment agencies reporting no 76
revenues, expenditures, or debts; amending s. 163.524, 77
F.S.; conforming a cross-reference; making technical 78
changes; providing an effective date. 79
80
Be It Enacted by the Legislature of the State of Florida: 81
82
Section 1. Section 112.327, Florida Statutes, is created to 83
read: 84
112.327 Lobbying before community redevelopment agencies; 85
registration and reporting.— 86
(1) As used in this section, the term: 87
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(a) “Agency” or “community redevelopment agency” means a 88
public agency created by, or designated pursuant to, s. 163.356 89
or s. 163.357 and operating under the authority of part III of 90
chapter 163. 91
(b) “Lobby” means to seek to influence an agency with 92
respect to a decision of the agency in an area of policy or 93
procurement or to attempt to obtain the goodwill of an agency 94
official or employee on behalf of another person. The term must 95
be interpreted and applied consistently with the rules of the 96
commission adopted pursuant to s. 112.3215(15). 97
(c) “Lobbyist” has the same meaning as in s. 112.3215. 98
(d) “Principal” has the same meaning as in s. 112.3215. 99
(2) A person may not lobby an agency until he or she has 100
registered as a lobbyist with that agency. Such registration is 101
due upon the person initially being retained to lobby and is 102
renewable on a calendar-year basis thereafter. Upon 103
registration, the person shall provide a statement, signed by 104
the principal or principal’s representative, stating that the 105
registrant is authorized to represent the principal and 106
identifying and designating its main business pursuant to a 107
classification system approved by the agency. Any changes to the 108
information required by this section must be disclosed within 15 109
days by filing a new registration form. An agency may create its 110
own lobbyist registration forms or may accept a completed 111
legislative branch or executive branch lobbyist registration 112
form. In completing the form required by the agency, the 113
registrant shall disclose, under oath, the following: 114
(a) His or her name and business address. 115
(b) The name and business address of each principal 116
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represented. 117
(c) The existence of any direct or indirect business 118
association, partnership, or financial relationship with any 119
officer or employee of an agency with which he or she lobbies or 120
intends to lobby. 121
(3) An agency shall make lobbyist registrations available 122
to the public. If an agency maintains a website, a database of 123
currently registered lobbyists and principals must be available 124
on that website. If the agency does not maintain a website, the 125
database of currently registered lobbyists and principals must 126
be available on the website of the county or municipality that 127
created the agency. 128
(4) Immediately upon a lobbyist’s termination of his or her 129
representation of a principal, the lobbyist shall send a written 130
statement to the agency canceling the registration. If the 131
principal notifies the agency that the lobbyist is no longer 132
authorized to represent that principal, an agency may remove the 133
name of a lobbyist from the list of registered lobbyists. 134
(5) An agency may establish an annual lobbyist registration 135
fee, not to exceed $40, for each principal represented. The 136
agency may use registration fees only for the purpose of 137
administering this section. 138
(6) An agency shall be diligent in ascertaining whether 139
persons required to register under this section have complied. 140
An agency may not knowingly authorize an unregistered person to 141
lobby the agency. 142
(7) Upon receipt of a sworn complaint alleging that a 143
lobbyist or principal has failed to register with an agency or 144
has knowingly submitted false information in a report or 145
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registration required under this section, the commission shall 146
investigate the lobbyist or principal pursuant to the procedures 147
established in s. 112.324. The commission shall provide the 148
Governor with a report of its findings and recommendations in 149
any investigation conducted pursuant to this subsection, and the 150
Governor may enforce them. 151
(8) Community redevelopment agencies may adopt rules to 152
govern the registration of lobbyists, including rules governing 153
the adoption of forms and the establishment of the lobbyist 154
registration fee. 155
Section 2. Section 112.3142, Florida Statutes, is amended 156
to read: 157
112.3142 Ethics training for specified constitutional 158
officers, and elected municipal officers, and commissioners.— 159
(1) As used in this section, the term “constitutional 160
officers” includes the Governor, the Lieutenant Governor, the 161
Attorney General, the Chief Financial Officer, the Commissioner 162
of Agriculture, state attorneys, public defenders, sheriffs, tax 163
collectors, property appraisers, supervisors of elections, 164
clerks of the circuit court, county commissioners, district 165
school board members, and superintendents of schools. 166
(2)(a) All constitutional officers must complete 4 hours of 167
ethics training each calendar year which addresses, at a 168
minimum, s. 8, Art. II of the State Constitution, the Code of 169
Ethics for Public Officers and Employees, and the public records 170
and public meetings laws of this state. This requirement may be 171
satisfied by completion of a continuing legal education class or 172
other continuing professional education class, seminar, or 173
presentation if the required subjects are covered. 174
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(b) Beginning January 1, 2015, All elected municipal 175
officers must complete 4 hours of ethics training each calendar 176
year which addresses, at a minimum, s. 8, Art. II of the State 177
Constitution, the Code of Ethics for Public Officers and 178
Employees, and the public records and public meetings laws of 179
this state. This requirement may be satisfied by completion of a 180
continuing legal education class or other continuing 181
professional education class, seminar, or presentation if the 182
required subjects are covered. 183
(c) Beginning October 1, 2019, each commissioner of a 184
community redevelopment agency created under part III of chapter 185
163 must complete 4 hours of ethics training each calendar year 186
which addresses, at a minimum, s. 8, Art. II of the State 187
Constitution, the Code of Ethics for Public Officers and 188
Employees, and the public records and public meetings laws of 189
this state. This requirement may be satisfied by completion of a 190
continuing legal education class or other continuing 191
professional education class, seminar, or presentation, if the 192
required subject material is covered by the class. 193
(d) The commission shall adopt rules establishing minimum 194
course content for the portion of an ethics training class which 195
addresses s. 8, Art. II of the State Constitution and the Code 196
of Ethics for Public Officers and Employees. 197
(e)(d) The Legislature intends that a constitutional 198
officer or elected municipal officer who is required to complete 199
ethics training pursuant to this section receive the required 200
training as close as possible to the date that he or she assumes 201
office. A constitutional officer or elected municipal officer 202
assuming a new office or new term of office on or before March 203
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31 must complete the annual training on or before December 31 of 204
the year in which the term of office began. A constitutional 205
officer or elected municipal officer assuming a new office or 206
new term of office after March 31 is not required to complete 207
ethics training for the calendar year in which the term of 208
office began. 209
(3) Each house of the Legislature shall provide for ethics 210
training pursuant to its rules. 211
Section 3. Subsection (8) of section 163.340, Florida 212
Statutes, is amended to read: 213
163.340 Definitions.—The following terms, wherever used or 214
referred to in this part, have the following meanings: 215
(8) “Blighted area” means an area in which there are a 216
substantial number of deteriorated or deteriorating structures; 217
in which conditions, as indicated by government-maintained 218
statistics or other studies, endanger life or property or are 219
leading to economic distress; and in which two or more of the 220
following factors are present: 221
(a) Predominance of defective or inadequate street layout, 222
parking facilities, roadways, bridges, or public transportation 223
facilities. 224
(b) Aggregate assessed values of real property in the area 225
for ad valorem tax purposes have failed to show any appreciable 226
increase over the 5 years before prior to the finding of such 227
conditions. 228
(c) Faulty lot layout in relation to size, adequacy, 229
accessibility, or usefulness. 230
(d) Unsanitary or unsafe conditions. 231
(e) Deterioration of site or other improvements. 232
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(f) Inadequate and outdated building density patterns. 233
(g) Falling lease rates per square foot of office, 234
commercial, or industrial space compared to the remainder of the 235
county or municipality. 236
(h) Tax or special assessment delinquency exceeding the 237
fair value of the land. 238
(i) Residential and commercial vacancy rates higher in the 239
area than in the remainder of the county or municipality. 240
(j) Incidence of crime in the area higher than in the 241
remainder of the county or municipality. 242
(k) Fire and emergency medical service calls to the area 243
proportionately higher than in the remainder of the county or 244
municipality. 245
(l) A greater number of violations of the Florida Building 246
Code in the area than the number of violations recorded in the 247
remainder of the county or municipality. 248
(m) Diversity of ownership or defective or unusual 249
conditions of title which prevent the free alienability of land 250
within the deteriorated or hazardous area. 251
(n) Governmentally owned property with adverse 252
environmental conditions caused by a public or private entity. 253
(o) A substantial number or percentage of properties 254
damaged by sinkhole activity which have not been adequately 255
repaired or stabilized. 256
(p) Rates of unemployment higher in the area than in the 257
remainder of the county or municipality. 258
(q) Rates of poverty higher in the area than in the 259
remainder of the county or municipality. 260
(r) Rates of foreclosure higher in the area than in the 261
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remainder of the county or municipality. 262
(s) Rates of infant mortality higher in the area than in 263
the remainder of the county or municipality. 264
265
However, the term “blighted area” also means any area in which 266
at least one of the factors identified in paragraphs (a) through 267
(o) is present and all taxing authorities subject to s. 268
163.387(2)(a) agree, either by interlocal agreement with the 269
agency or by resolution, that the area is blighted. Such 270
agreement or resolution must be limited to a determination that 271
the area is blighted. For purposes of qualifying for the tax 272
credits authorized in chapter 220, the term “blighted area” 273
means an area as defined in this subsection. 274
Section 4. Paragraphs (c) and (d) of subsection (3) of 275
section 163.356, Florida Statutes, are amended to read: 276
163.356 Creation of community redevelopment agency.— 277
(3)(c) The governing body of the county or municipality 278
shall designate a chair and vice chair from among the 279
commissioners. An agency may employ an executive director, 280
technical experts, and such other agents and employees, 281
permanent and temporary, as it requires, and determine their 282
qualifications, duties, and compensation. For such legal service 283
as it requires, an agency may employ or retain its own counsel 284
and legal staff. 285
(d) An agency authorized to transact business and exercise 286
powers under this part shall file with the governing body the 287
report required pursuant to s. 163.371(1), on or before March 31 288
of each year, a report of its activities for the preceding 289
fiscal year, which report shall include a complete financial 290
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statement setting forth its assets, liabilities, income, and 291
operating expenses as of the end of such fiscal year. At the 292
time of filing the report, the agency shall publish in a 293
newspaper of general circulation in the community a notice to 294
the effect that such report has been filed with the county or 295
municipality and that the report is available for inspection 296
during business hours in the office of the clerk of the city or 297
county commission and in the office of the agency. 298
(e)(d) At any time after the creation of a community 299
redevelopment agency, the governing body of the county or 300
municipality may appropriate to the agency such amounts as the 301
governing body deems necessary for the administrative expenses 302
and overhead of the agency, including the development and 303
implementation of community policing innovations. 304
Section 5. Subsection (1) of section 163.367, Florida 305
Statutes, is amended to read: 306
163.367 Public officials, commissioners, and employees 307
subject to code of ethics.— 308
(1) The officers, commissioners, and employees of a 309
community redevelopment agency created by, or designated 310
pursuant to, s. 163.356 or s. 163.357 are shall be subject to 311
the provisions and requirements of part III of chapter 112, and 312
commissioners also must comply with the ethics training 313
requirements imposed in s. 112.3142. 314
Section 6. Paragraphs (d), (e), and (f) are added to 315
subsection (3) of section 163.370, Florida Statutes, and 316
subsection (5) is added to that section, to read: 317
163.370 Powers; counties and municipalities; community 318
redevelopment agencies.— 319
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(3) The following projects may not be paid for or financed 320
by increment revenues: 321
(d) Community redevelopment agency activities related to 322
festivals or street parties designed to promote tourism. 323
(e) Grants to entities that promote tourism. 324
(f) Grants to nonprofit entities that provide socially 325
beneficial programs. 326
(5) A community redevelopment agency shall procure all 327
commodities and services under the same purchasing processes and 328
requirements that apply to the county or municipality that 329
created the agency. 330
Section 7. Section 163.371, Florida Statutes, is created to 331
read: 332
163.371 Reporting requirements.— 333
(1) By January 1, 2020, each community redevelopment agency 334
shall publish on its website digital maps that depict the 335
geographic boundaries and total acreage of the community 336
redevelopment agency. If any change is made to the boundaries or 337
total acreage, the agency shall post updated map files on its 338
website within 60 days after the date such change takes effect. 339
(2) Beginning March 31, 2020, and no later than March 31 of 340
each year thereafter, a community redevelopment agency shall 341
file an annual report with the county or municipality that 342
created the agency and publish the report on the agency’s 343
website. The report must include the following information: 344
(a) The most recent complete audit report of the 345
redevelopment trust fund as required in s. 163.387(8). 346
(b) The performance data for each plan authorized, 347
administered, or overseen by the community redevelopment agency 348
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as of December 31 of the reporting year, including the: 349
1. Total number of projects started and completed and the 350
estimated cost for each project. 351
2. Total expenditures from the redevelopment trust fund. 352
3. Original assessed real property values within the 353
community redevelopment agency’s area of authority as of the day 354
the agency was created. 355
4. Total assessed real property values of property within 356
the boundaries of the community redevelopment agency as of 357
January 1 of the reporting year. 358
5. Total amount expended for affordable housing for low-359
income and middle-income residents. 360
(c) A summary indicating to what extent, if any, the 361
community redevelopment agency has achieved the goals set out in 362
its community redevelopment plan. 363
Section 8. Section 163.3755, Florida Statutes, is created 364
to read: 365
163.3755 Termination of community redevelopment agencies; 366
prohibition on future creation.— 367
(1) A community redevelopment agency in existence on 368
October 1, 2019, shall terminate on the expiration date provided 369
in the agency’s charter on October 1, 2019, or on September 30, 370
2039, whichever is earlier, unless the governing body of the 371
county or municipality that created the community redevelopment 372
agency approves its continued existence by a majority vote of 373
the members of the governing body. 374
(2)(a) If the governing body of the county or municipality 375
that created the community redevelopment agency does not approve 376
its continued existence by a majority vote of the governing body 377
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members, a community redevelopment agency with outstanding bonds 378
as of October 1, 2019, that do not mature until after the 379
termination date of the agency or September 30, 2039, whichever 380
is earlier, remains in existence until the date the bonds 381
mature. 382
(b) A community redevelopment agency operating under this 383
subsection on or after September 30, 2039, may not extend the 384
maturity date of any outstanding bonds. 385
(c) The county or municipality that created the community 386
redevelopment agency must issue a new finding of necessity 387
limited to timely meeting the remaining bond obligations of the 388
community redevelopment agency. 389
Section 9. Section 163.3756, Florida Statutes, is created 390
to read: 391
163.3756 Inactive community redevelopment agencies.— 392
(1) The Legislature finds that a number of community 393
redevelopment agencies continue to exist, but do not report any 394
revenues, expenditures, or debt in the annual reports they file 395
with the Department of Financial Services pursuant to s. 218.32. 396
(2)(a) A community redevelopment agency that has reported 397
no revenue, no expenditures, and no debt under s. 189.016(9) or 398
s. 218.32 for 3 consecutive fiscal years beginning no earlier 399
than October 1, 2016, must be declared inactive by the 400
Department of Economic Opportunity, which shall notify the 401
agency of the declaration. If the agency does not have board 402
members or an agent, the notice of the declaration of inactive 403
status must be delivered to the county or municipal governing 404
board or commission that created the agency. 405
(b) The governing board of a community redevelopment agency 406
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that is declared inactive under this section may seek to 407
invalidate the declaration by initiating proceedings under s. 408
189.062(5) within 30 days after the date of the receipt of the 409
notice from the Department of Economic Opportunity. 410
(3) A community redevelopment agency that is declared 411
inactive under this section may expend funds from the 412
redevelopment trust fund only as necessary to service 413
outstanding bond debt. The agency may not expend other funds in 414
the absence of an ordinance of the local governing body that 415
created the agency which consents to the expenditure of such 416
funds. 417
(4) The provisions of s. 189.062(2) and (4) do not apply to 418
a community redevelopment agency that has been declared inactive 419
under this section. 420
(5) The provisions of this section are cumulative to the 421
provisions of s. 189.062. To the extent the provisions of this 422
section conflict with the provisions of s. 189.062, this section 423
prevails. 424
(6) The Department of Economic Opportunity shall maintain 425
on its website a separate list of community redevelopment 426
agencies declared inactive under this section. 427
Section 10. Paragraph (a) of subsection (1), subsection 428
(6), paragraph (d) of subsection (7), and subsection (8) of 429
section 163.387, Florida Statutes, are amended to read: 430
163.387 Redevelopment trust fund.— 431
(1)(a) After approval of a community redevelopment plan, 432
there may be established for each community redevelopment agency 433
created under s. 163.356 a redevelopment trust fund. Funds 434
allocated to and deposited into this fund shall be used by the 435
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agency to finance or refinance any community redevelopment it 436
undertakes pursuant to the approved community redevelopment 437
plan. No community redevelopment agency may receive or spend any 438
increment revenues pursuant to this section unless and until the 439
governing body has, by ordinance, created the trust fund and 440
provided for the funding of the redevelopment trust fund until 441
the time certain set forth in the community redevelopment plan 442
as required by s. 163.362(10). Such ordinance may be adopted 443
only after the governing body has approved a community 444
redevelopment plan. The annual funding of the redevelopment 445
trust fund shall be in an amount not less than that increment in 446
the income, proceeds, revenues, and funds of each taxing 447
authority derived from or held in connection with the 448
undertaking and carrying out of community redevelopment under 449
this part. Such increment shall be determined annually and shall 450
be that amount equal to 95 percent of the difference between: 451
1. The amount of ad valorem taxes levied each year by each 452
taxing authority, exclusive of any amount from any debt service 453
millage, on taxable real property contained within the 454
geographic boundaries of a community redevelopment area; and 455
2. The amount of ad valorem taxes which would have been 456
produced by the rate upon which the tax is levied each year by 457
or for each taxing authority, exclusive of any debt service 458
millage, upon the total of the assessed value of the taxable 459
real property in the community redevelopment area as shown upon 460
the most recent assessment roll used in connection with the 461
taxation of such property by each taxing authority prior to the 462
effective date of the ordinance providing for the funding of the 463
trust fund. 464
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465
However, the governing body of any county as defined in s. 466
125.011(1) may, in the ordinance providing for the funding of a 467
trust fund established with respect to any community 468
redevelopment area created on or after July 1, 1994, determine 469
that the amount to be funded by each taxing authority annually 470
shall be less than 95 percent of the difference between 471
subparagraphs 1. and 2., but in no event shall such amount be 472
less than 50 percent of such difference. 473
(6) Effective October 1, 2019, moneys in the redevelopment 474
trust fund may be expended from time to time for undertakings of 475
a community redevelopment agency as described in the community 476
redevelopment plan only pursuant to an annual budget adopted by 477
the board of commissioners of the community redevelopment agency 478
and only for the following purposes specified in paragraph (c)., 479
including, but not limited to: 480
(a) Except as otherwise provided in this subsection, a 481
community redevelopment agency shall comply with the 482
requirements of s. 189.016. 483
(b) A community redevelopment agency created by a 484
municipality shall submit its annual budget to the board of 485
county commissioners for the county in which the agency is 486
located within 10 days after the adoption of such budget and 487
submit amendments of its annual budget to the board of county 488
commissioners within 10 days after the adoption date of the 489
amended budget Administrative and overhead expenses necessary or 490
incidental to the implementation of a community redevelopment 491
plan adopted by the agency. 492
(c) The annual budget of a community redevelopment agency 493
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may provide for payment of the following expenses: 494
1. Administrative and overhead expenses directly or 495
indirectly necessary to implement a community redevelopment plan 496
adopted by the agency. However, administrative and overhead 497
expenses may not exceed 18 percent of the total annual budget of 498
the community redevelopment agency. 499
2.(b) Expenses of redevelopment planning, surveys, and 500
financial analysis, including the reimbursement of the governing 501
body or the community redevelopment agency for such expenses 502
incurred before the redevelopment plan was approved and adopted. 503
3.(c) The acquisition of real property in the redevelopment 504
area. 505
4.(d) The clearance and preparation of any redevelopment 506
area for redevelopment and relocation of site occupants within 507
or outside the community redevelopment area as provided in s. 508
163.370. 509
5.(e) The repayment of principal and interest or any 510
redemption premium for loans, advances, bonds, bond anticipation 511
notes, and any other form of indebtedness. 512
6.(f) All expenses incidental to or connected with the 513
issuance, sale, redemption, retirement, or purchase of bonds, 514
bond anticipation notes, or other form of indebtedness, 515
including funding of any reserve, redemption, or other fund or 516
account provided for in the ordinance or resolution authorizing 517
such bonds, notes, or other form of indebtedness. 518
7.(g) The development of affordable housing within the 519
community redevelopment area. 520
8.(h) The development of community policing innovations. 521
9. Infrastructure improvement, building construction, and 522
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building renovation, including improvements, construction, and 523
renovation related to parking lots, parking garages, and 524
neighborhood parks. 525
10. Grants and loans to businesses for facade improvements, 526
signage, sprinkler system upgrades, and other structural 527
improvements. 528
(7) On the last day of the fiscal year of the community 529
redevelopment agency, any money which remains in the trust fund 530
after the payment of expenses pursuant to subsection (6) for 531
such year shall be: 532
(d) Appropriated to a specific redevelopment project 533
pursuant to an approved community redevelopment plan. The funds 534
appropriated for such project may not be changed unless the 535
project is amended, redesigned, or delayed, in which case the 536
funds must be reappropriated pursuant to the next annual budget 537
adopted by the board of commissioners of the community 538
redevelopment agency which project will be completed within 3 539
years from the date of such appropriation. 540
(8)(a) Each community redevelopment agency with revenues or 541
a total of expenditures and expenses in excess of $100,000, as 542
reported on the trust fund financial statements, shall provide 543
for a financial an audit of the trust fund each fiscal year and 544
a report of such audit to be prepared by an independent 545
certified public accountant or firm. Each financial audit 546
conducted pursuant to this subsection must be conducted in 547
accordance with rules for audits of local governments adopted by 548
the Auditor General. 549
(b) The audit Such report must: shall 550
1. Describe the amount and source of deposits into, and the 551
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amount and purpose of withdrawals from, the trust fund during 552
such fiscal year and the amount of principal and interest paid 553
during such year on any indebtedness to which increment revenues 554
are pledged and the remaining amount of such indebtedness. 555
2. Include financial statements identifying the assets, 556
liabilities, income, and operating expenses of the community 557
redevelopment agency as of the end of such fiscal year. 558
3. Include a finding by the auditor as to whether the 559
community redevelopment agency is in compliance with subsections 560
(6) and (7). 561
(c) The audit report for the community redevelopment agency 562
must accompany the annual financial report submitted by the 563
county or municipality that created the agency to the Department 564
of Financial Services as provided in s. 218.32, regardless of 565
whether the agency reports separately under that section. 566
(d) The agency shall provide by registered mail a copy of 567
the audit report to each taxing authority. 568
Section 11. Subsection (3) of section 218.32, Florida 569
Statutes, is amended to read: 570
218.32 Annual financial reports; local governmental 571
entities.— 572
(3)(a) The department shall notify the President of the 573
Senate and the Speaker of the House of Representatives of any 574
municipality that has not reported any financial activity for 575
the last 4 fiscal years. Such notice must be sufficient to 576
initiate dissolution procedures as described in s. 577
165.051(1)(a). Any special law authorizing the incorporation or 578
creation of the municipality must be included within the 579
notification. 580
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(b) Failure of a county or municipality required under s. 581
163.387(8) to include with its annual financial report to the 582
department a financial audit report for each community 583
redevelopment agency created by that county or municipality 584
constitutes a failure to report under this section. 585
(c) By November 1 of each year, the department must provide 586
the Special District Accountability Program of the Department of 587
Economic Opportunity with a list of each community redevelopment 588
agency that does not report any revenues, expenditures, or debt 589
for the community redevelopment agency’s previous fiscal year. 590
Section 12. Subsection (3) of section 163.524, Florida 591
Statutes, is amended to read: 592
163.524 Neighborhood Preservation and Enhancement Program; 593
participation; creation of Neighborhood Preservation and 594
Enhancement Districts; creation of Neighborhood Councils and 595
Neighborhood Enhancement Plans.— 596
(3) After the boundaries and size of the Neighborhood 597
Preservation and Enhancement District have been defined, the 598
local government shall pass an ordinance authorizing the 599
creation of the Neighborhood Preservation and Enhancement 600
District. The ordinance must shall contain a finding that the 601
boundaries of the Neighborhood Preservation and Enhancement 602
District comply with s. 163.340(7) or s. 163.340(8)(a)-(s) 603
(8)(a)-(o) or do not contain properties that are protected by 604
deed restrictions. Such ordinance may be amended or repealed in 605
the same manner as other local ordinances. 606
Section 13. This act shall take effect July 1, 2019. 607