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DSAC Agenda 05/01/2019May 1, 2019 3:00 PM 2800 N. Horseshoe Drive Growth Management Department If you have any questions or wish to meet with staff, please contact Judy Puig at 252-2370 DSAC Meeting Page 1 of 1 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA May 1 , 2019 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a “Speaker Request Form,” list the topic they wish to address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order – Chairman II. Ap proval of Agenda III. Approval of Minutes from April 3, 2019 IV. Approval of DSAC/Subcommittee minutes from March 19, 2019 (Only Committee members, Clay Brooker, Blair Foley, Robert Mulhere, and Jeff Curl) V. Public Speakers VI. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] B. Public Utilities Department update – [Eric Fey or designee] C. Growth Management Department Transportation Engineering Division & Planning Division updates – [Jay Ahmad or designee] D. Collier County Fire Review update – [Shar Beddow or Shawn Hanson] E. North Collier Fire Review update – [Capt. Sean Lintz or Daniel Zunzunegui] F. Operations & Regulatory Mgmt. Division update – [Ken Kovensky] G. Development Review Division update – [Matt McLean] VII. New Business A. Digital Signatures update [Jonathon Walsh] B. Separation Requirements for Self-Storage Buildings on U.S. 41 [Eric Johnson] VIII. Old Business IX. Committee Member Comments X. Ad journ Next Meeting Dates: June 5, 2019 GMD conference Room 610 – 3:00 pm July 3, 2019 GMD conference Room 610 – 3:00 pm August 7, 2019 GMD conference Room 610 – 3:00 pm September 4, 2019 GMD conference Room 610 – 3:00 pm April 3, 2019 1 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, April 3, 2019 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker Chris Mitchell Robert Mulhere Mario Valle Norman Gentry Marco Espinar Laura Spurgeon DeJohn Jeremy Sterk Jeff Curl John English Mark McLean (Excused) ALSO PRESENT: Jamie French, Deputy Department Head Judy Puig, Operations Analyst, Staff Liaison Eric Fey, Sr. Project Manager, Public Utilities Mike Ossorio, Director, Code Enforcement Division Jay Ahmad, Director, Transportation Engineering Matt McLean, Director, Development Review Rich Long, Director, Plans Review and Inspections Claudine Auclair, Manager, Business Center Ken Kovensky, Director, Operations and Regulatory Management Mike Bosi, Zoning Division Director Chad Ward, Pollution Control Ellen Summers, Senior Planner April 3, 2019 2 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:00 p.m. II. Approval of Agenda Mr. Mulhere moved to approve the Agenda. Second by Mr. Espinar. Carried unanimously 10 - 0. III. Approval of Minutes from March 6, 2019 Meeting Mr. Mulhere moved to approve the minutes of the March 6, 2019 meeting as presented. Second by Mr. Boughton. Carried unanimously 10 - 0. IV. Public Speakers None V. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] Mr. Ossorio provided the report “Code Enforcement Division Monthly Report February 22, 2019 – March 21, 2019 Highlights” for information purposes. He noted: • The County held a clean up sweep in Trail Ridge. • The new ordinance to protect the public from gas station “skimmers” is in effect. • The Board of County Commissioners directed staff to enforce the prohibition of short-term rentals (6 months or less) in certain residential zones. The County is also monitoring State legislative initiatives (i.e. Senate Bill 987). • The County is reviewing requirements for inspection of towers including extending the standards from 4 to 5 years. Mr. Dunnavant, Mr. Foley and Mr. Curl arrived at 3:20 p.m. Ms. Spurgeon-DeJohn arrived at 3:21 p.m. B. Public Utilities Division update – [Tom Chmelik or designee] Mr. Fey submitted the monthly report on response time for “Letters of Availability, Utility Deviations and FDEP Permits” for information purposes. He noted: • Changes are underway on the website including updating templates, etc. • The Utility Standards update has begun. • Staff is correcting errors on the approval of certain products by instituting global deviations in the standards. • Measures are underway to restart the review of the Utility Conveyance process. • A vendor has been engaged for modeling and maintenance of wastewater flows. • The Board of County Commissioners removed the fire flow fee however there is still a $3.00 charge to domestic users. C. Growth Management Department/Transportation Engineering and/or Planning – [Jay Ahmad or designee] Mr. Ahmad reported on the following projects: • White Blvd Bridge project complete. • Golden Gate Blvd. from 20th St to east of Everglades Blvd. is under construction. April 3, 2019 3 • Design is underway for updating 11 bridges east of State Road 29 with construction slated to begin in phases starting in 2020. • Vanderbilt Beach Road Extension for 2 lanes in each direction is anticipated to begin construction in 2021. • Work is underway on the acceleration lane on Pine Ridge Road east of Logan Blvd. D. County Fire Review update – [Shar Beddow and/or Shawn Hanson] None E. North Naples Fire Review update – [Capt. Sean Lintz and Daniel Zunzunegui] Mr. Zunzunegui reported turnaround times are as follows: Building Plan review – 5 days; Site Plan reviews – 5 days; Inspections – 1 day. The District was named 2018 Fire Training Center of the Year and a new Fire Chief (Eloy Ricardo) will begin work on April 19th. F. Operations & Regulatory Mgmt. Division update [Ken Kovensky] Mr. Kovensky submitted the “Collier County March 2019 Monthly Statistics” which outlined the building plan and land development review activities. The following was noted during his report: • 4,400 permits were applied for in March, the largest number since October. • The month yielded 23,000 inspections. • Electronic permitting is at 49 percent and training classes were held for those interested in the platform. • The credit card payment platform is ready to launch. • Preparation of the FY2020 budget is underway and staff continues to monitor staffing to ensure proper levels of services. • Staff also is monitoring turn around times for applications and related reviews. G. Development Review Division update [Matt McLean] Mr. McLean reported: • Staffing issues continue to be addressed by the Division. • The Land Development Code requires those proposing “lot splits” to incorporate a shared access into the application. • Staff is aware of the global deviations allowed by the Utility Division and maintains a file on any allowed equipment. VI. New Business A. Permitting appointment for submittal of paper permit [Claudine Auclair] Ms. Auclair reported: • An applicant can schedule an appointment for submitting paper permits however there is an allowed time for the length of the meeting which will be enforced. No appointments are taken between 11:00 a.m. and 1:00 p.m. • The building permit application is being revised for provision of additional FEMA information in an effort to avoid preliminary rejections of applications. The new form will be effective June 1, 2019. • Staff is reviewing the legal aspects of allowing electronic signatures on applications and will provide an update at a future meeting. B. LDC Amendments [Jeremy Frantz] April 3, 2019 4 LDC SECTIONS TO BE AMENDED 2.03.07 Overlay Zoning Districts, 4.02.06 Standards for Development in Airport Zones, Appendix D Airport Zoning. Ms. Summers presented the proposed amendment noting the Land Development Regulation Subcommittee recommended the amendment be adopted. Mr. Mulhere moved to recommend the Board of County Commissioners adopt the proposed amendment. Second by Mr. Curl. Carried unanimously 14 – 0. Mr. Dunnavant left the meeting at 3:50 p.m. Mr. Foley left the meeting at 3:55 p.m. C. Potential Arsenic Impacts in Fill Dirt [Chard Ward] Mr. Ward presented the PowerPoint “Potential Arsenic Impacts in Fill Dirt” for information purposes highlighting: • A 2018 Pollution Control complaint was initiated where backfill containing arsenic was delivered to a site and the impacted soil had to be removed. • The FDEP requires sampling for projects receive state-funds however the recipient is responsible for confirming the soil is contaminant free. • There are no sampling requirements for private projects however the County does require site evaluations during the application stage where a use may have previously subjected the property to hazardous materials (gas stations, agriculture, etc.). • He brought the item forth so those in the industry are aware of the requirements as remediating the issue can be extremely costly and time consuming. VII. Old Business None VIII. Committee Member Comments None IX. Adjourn Next Meeting Dates May 1, 2019 GMD conference Room 610 – 3:00 pm June 5, 2019 GMD conference Room 610 – 3:00 pm July 3, 2019 GMD conference Room 610 – 3:00 pm August 7, 2019 GMD conference Room 610 – 3:00 pm April 3, 2019 5 There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:05 P.M. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE ______________________________________________ Chairman, William Varian These Minutes were approved by the Board/Chairman on ________________, as presented _______, or as amended ________. March 19, 2019 1 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW SUBCOMMITTEE Naples, Florida, March 19, 2019 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee – Land Development Review Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 2:00 PM in a REGULAR SESSION at the Growth Management Department Building, Room 609/610 2800 N. Horseshoe Drive, Naples, FL with the following persons present: Chairman: Clay Brooker Blair Foley Robert Mulhere Jeff Curl ALSO PRESENT: Jeremy Frantz, LDC Manager Ellen Summers, Senior Planner Richard Henderlong, Principal Planner Eric Johnson, Principal Planner March 19, 2019 2 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Division – Planning and Regulation building at 239- 252-2400. 1. Call to order Mr. Brooker called the meeting to order 2:00 p.m. 2. Approve agenda Mr. Curl moved to approve the Agenda. Second by Mr. Foley. Carried unanimously 3 – 0. 3. Approve meeting minutes a. December 18, 2018 Mr. Curl moved to approve the minutes of the December 18, 2018 meeting as presented. Second by Mr. Foley. Carried unanimously 3 – 0. 4. Previously Reviewed Amendments: a. Separation Requirements for Self-Storage Buildings on U.S. 41 LDC SECTIONS TO BE AMENDED: 1.08.02 Definitions 2.03.03 Commercial Zoning Districts 5.05.16 Self-Storage Buildings Facilities - (New Section) 10.03.06 Public Notice and Required Hearings for Land Use Petitions The proposed amendment represents the implementation of the Board’s direction to study the proliferation of self storage facilities on U.S. 41, between the intersection of Palm Street/Commercial Drive and Price Street/Triangle Boulevard. It requires a separation of 1,320 feet between new and existing self-storage buildings. A distance waiver may be approved if an adequate supply of neighborhood goods and services are available within a quarter-mile radius of a new facility. Mr. Johnson presented the proposed amendment noting the Subcommittee previously recommended approval of the proposal however it has been revised after staff review and input from the County Attorney’s office. He provided a detailed overview of the changes and fielded brief questions from the subcommittee who expressed concern on the quarter mile radius proposed for property owner notifications as it would be the greatest distance required in any Section of the Land Development Code. Other concerns included ensuring those applications in the queue are not subject to the new regulation should it be adopted before they are approved. Mr. Curl moved for the Development Services Advisory Committee to recommend the Board of County Commissioners approve the proposed amendments as presented bysStaff subject to the following changes: 1. 10.03.06 Z.2.b – revise language from “…within the quarter mile (1,320) square foot radius…” to “…within the 500 foot radius…” 2. Section 5.05.16 B – revise language in lines 6 – 7 to read “This Section shall not apply to self storage buildings which a SDP has been approved or a SDP application has been filed as the effective date of this Section.” March 19, 2019 3 3. Section 10.05.16 D.1.A – revise language to read “Within a quarter mile (1,320) foot radius of the proposed self storage building, as measured from the property lines, there are property that…” 4. Section 10.05.16 D.1.A Section 10.05.16 D.1.Z – Title to read “Waiver for Separation of Self Storage Buildings, pursuant to LDC Section 5.05.16.” Mr. Curl amended the motion to include the above changes and add the following change: 1. Administrative Code – Chapter 6 L.6.4th bullet point last line from “…median widths, for a 1,320 foot distance from the subject parcel” to “…median widths, within a quarter mile radius from the subject parcel.” Second by Mr. Foley. Carried unanimously 3 – 0. 5. New LDC/Admin Code Amendments a. Directional Sign Setback Reduction LDC SECTIONS TO BE AMENDED: 5.06.02 Development Standards for Signs within Residential Districts Street System Requirements The proposed amendment reduces the required setback for directional signs where abutting rights-of-way in residential areas of Planned Unit Developments (PUD’s). Certain required elements of PUD master plans may be waived when the petitioner demonstrates there is no detrimental affect on the health, safety, and welfare of the community. The waiving of the elements, known as deviations, is provided for pursuant to Section 10.02.13 A.3.of the Land Development Code (LDC). Mr. Frantz presented the proposed amendment with the subcommittee requesting clarification on the different category of signs subject to the proposed amendment with staff noting they are generally “wayfinders” for slower traveling vehicles. The Committee queried if consideration should be given to allowing the reduction on public roads in PUD’s. Mr. Foley moved for Staff to research the signs and provide photographic examples when the item is considered by the full Committee. Second by Mr. Curl. Carried unanimously 3 – 0. b. Comparable Use Determination LDC SECTIONS TO BE AMENDED: 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses 10.02.06 Requirements for Permits 10.03.06 Public Notice and Required Hearings for Land Use Petitions The proposed amendment clarifies the procedures and approval process for Comparable Use Determinations. Currently, when an applicant submits an application for a Zoning Verification Letter - Comparable Use Determination, staff reviews the application, makes a determination on the compatibility of the proposed use and drafts the Zoning Verification Letter (ZVL). The ZVL and backup materials will be brought before the Office of the Hearing Examiner or the Board of Zoning Appeals (BZA) for affirmation. Ms. Summers presented the proposed amendment. The Subcommittee discussed the proposed amendment and the feasibility of allowing the comparable use process to be utilized for accessory and conditional uses in addition to the list of permitted uses in conventional zoning districts. March 19, 2019 4 Staff reported they would review the request and determine any changes necessary and return the item to the Subcommittee for consideration at a future meeting. c. Chapter 4 of the Administrative Code Ms. Summers presented the “2019 Administrative Code Updates – Chapter 4” for consideration. She noted the changes are generally clarifications and non substantial revisions. The Committee reviewed the Chapter including seeking clarification on the type of roof plan required to be submitted (conceptual for screening of apparatus or an actual structural design of the roof). Additionally, the standards for those allowed to submit Lighting Plans under the Section. Staff reported the requirements for the Lighting Plan design is in accordance with language found in the Land Development Code which would most likely be required to be amended before it could be changed in the Administrative Code. Staff reported they will review the language including Section 4.A.3 in relation to “Roof Plan” requirements and “Lighting Plan” submittals and return the item to the Subcommittee for consideration at a future meeting. d. Chapter 5 of the Administrative Code 6. Explore Regulatory Ms. Summers presented the“2019 Administrative Code Updates – Chapter 5” for consideration reporting the changes were clarifications and non-substantial updates of the language. Mr. Curl moved for the Development Services Advisory Committee to recommend the Board of County Commissioners adopt the proposed updates as presented by Staff. Second by Mr. Foley. Carried unanimously 3 – 0. Mr. Curl left the meeting at 3:10 p.m. Mr. Mulhere arrived at 3:12 p.m. 6. Explore Regulatory Relief for Affordable Housing Land Use Applications (Cormac Giblin) Mr. Giblin reported: • He appeared in front of the Development Services Advisory Committee who remanded the item to the subcommittee. • The BCC has engaged in improving opportunities for affordable housing and in conjunction with studies, 3 main objectives have been identified as a means to facilitate affordable housing. • The objectives include increasing densities for the use, reducing uncertainty and providing funding mechanisms. • The County has taken measures to allow increased densities and the new sales tax will provide funds for County acquisition of lands for provision of affordable housing. • The reduction of uncertainty involves costs and design requirements associated with the development. • He is working with Advisory Boards and stakeholders to develop recommendations for the BCC to consider. March 19, 2019 5 • Feedback from stakeholders centers around the cost of development and the return on investment for providing the housing. • Concepts already discussed are reductions in sidewalk and roadway widths and right of ways, allowing use of temporary generators for sewage lift station instead of permanent installations, etc. The Committee noted one concern may be reducing infrastructure features while increasing densities in the same areas given the demand which may be placed on improvements such as sidewalks and roadways. During discussion, the items brought forth for consideration included: ◊ Reducing landscape buffers from 20 feet to 10 feet. ◊ Minimizing requirements for curbing and bumper stops. ◊ Easing requirements for storm water management systems for sloping. ◊ Investigating the feasibility of developing requirements to facilitate conversion of vacant commercial properties to residential uses given the ongoing changes in the retail marketplace. Mr. Giblin reported he will begin developing recommendations and will seek input from other parties and stakeholders and return the item to the DSAC in late summer. He requested any member of DSAC who is interested in the process to submit comments so he may review them. 7. Public comments None 8. Adjournment There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3:40 P.M. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE - LAND DEVELOPMENT REVIEW SUBCOMMITTEE ______________________________________ These Minutes were approved by the Committee on ________________, as presented _______, or as amended ________. This report reflects monthly data from March 22, 2019 – April 18, 2019 Code Enforcement Division Monthly Report March 22, 2019 – April 18, 2019 Highlights • Cases opened: 691 • Cases closed due to voluntary compliance: 471 • Property inspections: 2587 • Lien searches requested: 1149 Trends 0 100 200 300 400 500 600 700 800 900 650 559 510 619 772 668 806 642 654 730 746 691 Cases Opened Per Month 0 500 1000 1500 2000 2500 3000 2569 2425 2417 2760 2849 2630 2999 2683 2048 2861 2768 2587 Code Inspections per Month This report reflects monthly data from March 22, 2019 – April 18, 2019 0 1000 2000 3000 4000 5000 6000 2018 2019 2204 1037 5423 1806 Origin of Case 0 100 200 300 400 500 600 Bayshore Immokalee 137 223 298 521 CRA Case Opened Monthly This report reflects monthly data from March 22, 2019 – April 18, 2019 March 22, 2019 – April 18, 2019 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking Animals 1%Accessory Use 2% Land Use 14% Noise 2% Nuisance Abatement 23% Occupational Licensing 2% Parking Enforcement 6% Property Maintenance 10% Right of Way 4% Signs 2% Site Development 8% Temp Land Use 1% Vehicles 17% Vegetation Requirements 4% This report reflects monthly data from March 22, 2019 – April 18, 2019 February 22, 2019 – March 21, 2019 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Accessory Use 2%Animals 2%Commercial 0%Land Use 10% Noise 2% Nuisance Abatement 23% Occupational Licensing 1% Parking Enforcement 4%Property Maintenance 11% Right of Way 3% Signs 3% Site Development 16% Temporary Land Use 0% Vegetation Requirements 2% Vehicles 20% This report reflects monthly data from March 22, 2019 – April 18, 2019 January 22, 2019 – February 21, 2019 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Public Utilities DepartmentEngineering and Project Management Division1 1 247113108251410192213602228434133802468101214010203040506070Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19RequestsBusiness DaysResponse Time - Letters of AvailabilityRequests CompletedMinimumAverageMaximumRequests Received Public Utilities DepartmentEngineering and Project Management Division22222155355414191117121902468101214161820012345678Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19RequestsBusiness DaysResponse Time - Utility DeviationsRequests CompletedSufficiency Review TimeSubstantive Review TimeRequests Received Public Utilities DepartmentEngineering and Project Management Division6575444212221845304735449012345678910051015202530Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19RequestsBusiness DaysResponse Time - FDEP PermitsRequests CompletedInitial Review TimeRevision Review TimeDirector Approval TimeRequests Received First Developed Procedure Effective November 3, 2015 61G15-23.004 Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents. (1) Engineering plans, specifications, reports or other documents which must be signed, dated and sealed in accordance with the provisions of Section 471.025, F.S., and Rule 61G15-23.001, F.A.C. may be signed digitally as provided herein by the professional engineer in responsible charge. As used herein, the terms “certification authority,” and “digital signature” shall have the meanings ascribed to them in Sections 668.003(2), (3) and (4), F.S. (2) A professional engineer utilizing a digital signature to electronically sign and seal engineering plans, specifications, reports or other documents shall have their identity authenticated by a certification authority and shall assure that the digital signature is: (a) Unique to the person using it; (b) Capable of verification; (c) Under the sole control of the person using it; and, (d) Linked to a document in such a manner that the digital signature and correspondingly the document is invalidated if any data in the document is changed. (3) The affixing of a digital signature to engineering plans, specifications, reports or other documents as provided herein shall constitute the signing and sealing of such items. (a) A digitally created seal as set forth in Rule 61G15-23.002, F.A.C. may be placed where it would appear if the item were being physically signed, dated and sealed. (b) The date that the digital signature was placed into the document must appear on the document in accordance with subsection 61G15-23.001(4), F.A.C. and where it would appear if the item were being physically signed, dated and sealed. (c) The engineering plans, specifications, reports or other documents being digitally signed and sealed shall include text to indicate the following and place it where an original signature would appear if the item were being physically signed, dated and sealed: 1. The same information required by subsection 61G15-23.002(2), F.A.C. if a digitally created seal is not use; 2. The item has been electronically signed and sealed using a Digital Signature; and, 3. Printed copies of the document are not considered signed and sealed and all signatures must be verified on any electronic copies. (d) Formatting of seals and text similar to that depicted below may be used. 1. When a digitally created seal is used: 2. When a digitally created seal is not used: This item has been electronically signed and sealed by C. S. Hammatt, PE. On [DATE] using a Digital Signature. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies C. S. Hammatt, State of Florida, Professional Engineer, License No. X This item has been electronically signed and sealed by C. S. Hammatt, PE. On [DATE] using a Digital Signature. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies (e) When engineering plans, specifications, reports or other documents contain multiple sheets or pages, the licensee may apply a single digital signature per electronically transmitted item as set out in Rule 61G15-23.001, F.A.C. A digital signature applied to an item in electronic form shall have the same force and effect as signing all of the individual sheets or pages contained within that item unless otherwise limited as specified in subsection 61G15-30.003(3), F.A.C. (f) In the case where multiple licensees sign and seal a single item, each licensee shall apply their digital signature and include qualifying language with those items required in paragraph (e) of this rule thoroughly describing what portions the licensee is taking responsibility for. Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 471.033(1)(d), 668.006 FS. History–New 11-3-15. Notice of Change/Withdrawal – Change from 11/3/15 to 9/7/17 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Board of Professional Engineers RULE NO.: RULE TITLE: 61G15-23.004 Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents NOTICE OF CHANGE Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 107, June 2, 2017 issue of the Florida Administrative Register. The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at a public meeting held June 21, 2017. The changes are as follows: 61G15-23.004 Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents. (1) Engineering plans, specifications, reports or other documents which must be signed, dated and sealed in accordance with the provisions of Section 471.025, F.S., and Rule 61G15-23.001, F.A.C. may be signed digitally as provided herein by the professional engineer in responsible charge. As used herein, the terms “certification authority,” and “digital signature” shall have the meanings ascribed to them in Sections 668.003(2), and (3) and (4), F.S. (2) through (3) No change. Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 471.033(1)(j)(d), 668.003, 668.006 FS. History–New 11-3-15, . Updated Procedure Became Effective September 7, 2017 61G15-23.004 Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents. (1) Engineering plans, specifications, reports or other documents which must be signed, dated and sealed in accordance with the provisions of Section 471.025, F.S., and Rule 61G15-23.001, F.A.C., may be signed digitally as provided herein by the professional engineer in responsible charge. As used herein, the terms “certification authority,” and “digital signature” shall have the meanings ascribed to them in Sections 668.003(2) and (3), F.S. (2) A professional engineer utilizing a digital signature to electronically sign and seal engineering plans, specifications, reports or other documents shall have their identity authenticated by a certification authority and shall assure that the digital signature is: (a) Unique to the person using it; (b) Capable of verification; (c) Under the sole control of the person using it; and, (d) Linked to a document in such a manner that the digital signature and correspondingly the document is invalidated if any data in the document is changed. (3) The affixing of a digital signature to engineering plans, specifications, reports or other documents as provided herein shall constitute the signing and sealing of such items. (a) A digitally created seal as set forth in Rule 61G15-23.002, F.A.C., may be placed where it would appear if the item were being physically signed, dated and sealed. (b) The date that the digital signature was placed into the document must appear on the document in accordance with subsection 61G15-23.001(4), F.A.C., and where it would appear if the item were being physically signed, dated and sealed. (c) The engineering plans, specifications, reports or other documents being digitally signed and sealed shall include text to indicate the following and place it where an original signature would appear if the item were being physically signed, dated and sealed: 1. The same information required by subsection 61G15-23.002(2), F.A.C., if a digitally created image of the seal is not use, 2. The item has been digitally signed and sealed; and, 3. Printed copies of this document are not considered signed and sealed and all signatures must be verified on any electronic copies. (d) Formatting of seals and text similar to that depicted below may be used. 1. When a digitally created seal is used: 2. When a digitally created seal is not used: This item has been digitally signed and sealed by C. S. Hammatt, PE. On [DATE]. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. C. S. Hammatt, State of Florida, Professional Engineer, License No. X This item has been digitally signed and sealed by C. S. Hammatt, PE. On [DATE]. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. (e) When engineering plans, specifications, reports or other documents contain multiple sheets or pages, the licensee may apply a single digital signature per electronically transmitted item as set out in Rule 61G15-23.001, F.A.C. A digital signature applied to an item in electronic form shall have the same force and effect as signing all of the individual sheets or pages contained within that item unless otherwise limited as specified in subsection 61G15-30.003(3), F.A.C. (f) In the case where multiple licensees sign and seal a single item, each licensee shall apply their digital signature and include qualifying language with those items required in paragraph (e) of this rule thoroughly describing what portions the licensee is taking responsibility for. Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 471.033(1)(j), 668.003, 668.006 FS. History–New 11-3-15, Amended 9-7-17. Notice of Change/Withdrawal – Change from 9/7/17 to 6/19/18 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Board of Professional Engineers RULE NO.: RULE TITLE: 61G15-23.004 Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents 61G15-23.005 Procedures for Electronically Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents NOTICE OF CHANGE Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., FS, published in Vol. 44, No. 28, of the February 9, 2018, issue of the Florida Administrative Register. The changes are in response to public comments, discussion and subsequent vote by the board at a public meeting held April 4, 2018. The changes are as follows: 61G15-23.004 Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents. (1) through (2) No change. (3) The affixing of a digital signature to engineering plans, specifications, reports or other documents as provided herein shall constitute the signing and sealing of such items. (a) through (c) No change. (d) Formatting of seals and text similar to that depicted below shall may be used. While the formatting may be altered, the text must remain identical. 1. When a digitally created seal is used: 2. When a digitally created seal is not used: (e) through (f) No change. Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 471.033(1)(j), 668.003, 668.006 FS. History–New 11-3- 15, Amended 9-7-17, . 61G15-23.005 Procedures for Electronically Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents. This item has been digitally signed and sealed by [ NAME] on the date adjacent to the seal. C. S. Hammatt, PE. On [DATE]. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. [NAME] C. S. Hammatt, State of Florida, Professional Engineer, License No. [NUMBER] X This item has been digitally signed and sealed by [NAME] on the date indicated here. C. S. Hammatt, PE. On [DATE]. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. (1) through (3) No change. (4) The affixing of an electronic signature to engineering plans, specifications, reports or other documents as provided herein shall constitute the signing and sealing of such items. (a) through (c) No change. (d) Formatting of seals and text similar to that depicted below shall may be used. While the formatting may be altered, the text must remain identical. 1. When a digitally created seal is used: This item has been electronically signed and sealed by [NAME] on the date adjacent to the seal C. S. Hammatt, PE. On [DATE] using a SHA authentication code. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. 2. When a digitally created seal is not used: [NAME] C. S. Hammatt, State of Florida, Professional Engineer, License No. [NUMBER] X This item has been electronically signed and sealed by [NAME] on the date indicated here C. S. Hammatt, PE. On [DATE] using a SHA authentication code. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 668.006 FS. History–New 11-3-15, Amended 2-3-16, 10- 26-16, 9-7-17, . First Developed Procedure Effective June 19, 2018 61G15-23.004 Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents. (1) Engineering plans, specifications, reports or other documents which must be signed, dated and sealed in accordance with the provisions of section 471.025, F.S., and rule 61G15-23.001, F.A.C., may be signed digitally as provided herein by the professional engineer in responsible charge. As used herein, the terms “certification authority,” and “digital signature” shall have the meanings ascribed to them in sections 668.003(2) and (3), F.S. (2) A professional engineer utilizing a digital signature to electronically sign and seal engineering plans, specifications, reports or other documents shall have their identity authenticated by a certification authority and shall assure that the digital signature is: (a) Unique to the person using it; (b) Capable of verification; (c) Under the sole control of the person using it; and, (d) Linked to a document in such a manner that the digital signature and correspondingly the document is invalidated if any data in the document is changed. (3) The affixing of a digital signature to engineering plans, specifications, reports or other documents as provided herein shall constitute the signing and sealing of such items. (a) A digitally created seal as set forth in rule 61G15-23.002, F.A.C., may be placed where it would appear if the item were being physically signed, dated and sealed. (b) The date that the digital signature was placed into the document must appear on the document in accordance with subsection 61G15-23.001(4), F.A.C., and where it would appear if the item were being physically signed, dated and sealed. (c) The engineering plans, specifications, reports or other documents being digitally signed and sealed shall include text to indicate the following and place it where an original signature would appear if the item were being physically signed, dated and sealed: 1. The same information required by subsection 61G15-23.002(2), F.A.C., if a digitally created image of the seal is not use; 2. The item has been digitally signed and sealed; and, 3. Printed copies of this document are not considered signed and sealed and all signatures must be verified on any electronic copies. (d) Formatting of seals and text similar to that depicted below shall be used. While the formatting may be altered, the text must remain identical. 1. When a digitally created seal is used: 2. When a digitally created seal is not used: This item has been digitally signed and sealed by [NAME] on the date adjacent to the seal. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. [NAME], State of Florida, Professional Engineer, License No. [NUMBER] This item has been digitally signed and sealed by [NAME] on the date indicated here. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. (e) When engineering plans, specifications, reports or other documents contain multiple sheets or pages, the licensee may apply a single digital signature per electronically transmitted item as set out in rule 61G15-23.001, F.A.C. A digital signature applied to an item in electronic form shall have the same force and effect as signing all of the individual sheets or pages contained within that item unless otherwise limited as specified in subsection 61G15-30.003(3), F.A.C. (f) In the case where multiple licensees sign and seal a single item, each licensee shall apply their digital signature and include qualifying language with those items required in paragraph (e) of this rule, thoroughly describing what portions the licensee is taking responsibility for. Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 471.033(1)(j), 668.003, 668.006 FS. History–New 11-3-15, Amended 9-7-17, 6-19-18. 668.003 Definitions.—As used in this act: (1) “Certificate” means a computer-based record which: (a) Identifies the certification authority. (b) Identifies the subscriber. (c) Contains the subscriber’s public key. (d) Is digitally signed by the certification authority. (2) “Certification authority” means a person who issues a certificate. (3) “Digital signature” means a type of electronic signature that transforms a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine: (a) Whether the transformation was created using the private key that corresponds to the signer’s public key. (b) Whether the initial message has been altered since the transformation was made. A “key pair” is a private key and its corresponding public key in an asymmetric cryptosystem, under which the public key verifies a digital signature the private key creates. An “asymmetric cryptosystem” is an algorithm or series of algorithms which provide a secure key pair. (4) “Electronic signature” means any letters, characters, or symbols, manifested by electronic or similar means, executed or adopted by a party with an intent to authenticate a writing. A writing is electronically signed if an electronic signature is logically associated with such writing. History.—s. 4, ch. 96-224. Note.—Former s. 282.72. 1 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\May 01\Self-Storage Buildings\Word version and Backup Documents\Item VI.A (04-11-2019) - LDC.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20180003473 SUMMARY OF AMENDMENT This Land Development Code amendment (LDCA) represents the implementation of the Board’s direction to study the proliferation of self- storage facilities on U.S. 41, between the intersection of Palm Street/Commercial Drive and Price Street/Triangle Boulevard. LDC SECTIONS TO BE AMENDED ORIGIN Board of County Commissioners (Board) HEARING DATES Board CCPC DSAC DSAC-LDR TBD TBD TBD 03-21-2019 12-18-2018 1.08.02 2.03.03 5.05.16 10.03.06 Definitions Commercial Zoning Districts Self-Storage Buildings (New Section) Public Notice and Required Hearings for Land Use Petitions ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approved DSAC TBD CCPC TBD BACKGROUND: A segment of the U.S. 41 corridor, generally located between the intersection of Airport-Pulling Road and Collier Boulevard, has been under much scrutiny in recent years. In April of 2010, the East Naples Foundation completed Vision for the East Trail (“Vision”), which was a privately- initiated planning effort that resulted in the completion of a strategic plan for an approximately 14-mile stretch of the U.S. 41 corridor (see Exhibit A). On December 13, 2016, the Board expressed a concern over certain uses (e.g., self-storage facilities) from proliferating on U.S. 41 in this area of the U.S. 41 corridor (see Exhibit B). The Board considered adopting a one-year moratorium for all new applications, including self-storage facilities, from developing on the commercial properties along U.S. 41, from the Palm Street/Commercial Drive intersection to the Price Street intersection. However, rather than adopting a moratorium, the Board instead directed staff on February 14, 2017 to begin the process of developing a corridor study with the goal of obtaining community input and creating incentives for the desired development types. In April of 2018, Johnson Engineering, Inc. completed the U.S. 41 Corridor Study-Summary of Findings and Recommendations to the Board (“Corridor Study”) on behalf of the County (see Exhibit F C). The length of U.S. 41 that was studied was approximately 6.8 miles, which is shorter than the geographic area used in Vision. The public input portion of the Corridor Study included three stakeholder outreach meetings and four public input meetings. When reviewing image preference surveys, 67 percent of the public outreach meetings attendees respondents did not support self-storage facilities. As such, one of the recommendations of the Corridor Study was aimed at further regulating this use (see pages 23-24 of Exhibit F). The Corridor Study was presented to and accepted by the Board on April 24, 2018 (see Exhibit G). One recommendation suggested having a minimum distance separation between new self- storage facilities. 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\May 01\Self-Storage Buildings\Word version and Backup Documents\Item VI.A (04-11-2019) - LDC.docx For this LDCA and in keeping with the Corridor Study, the proposed language requires a separation of 1,320 feet between new and existing self-storage buildings. A distance waiver may be approved if an adequate supply of neighborhood goods and services are available within a quarter-mile radius of a new facility. A quarter-mile radius is equal to a half-mile diameter—the same width of the study area in Vision, which was chosen, in part, to “evaluate walkability in the form of pedestrian sheds.” The waiver may also be approved for a self-storage facility if at least 25 percent of its gross floor area is dedicated to a different principal use that is permitted in the C-1 or C-2 zoning district. Staff utilized the International Council of Shopping Centers (ICSC) as a guide to determine the appropriate types of principal uses and related intensities that most closely aligns with the desired businesses. One ICSC category, neighborhood center, includes convenience shopping for day-to-day needs with intensities that are less than 125,000 square feet, which generally translates to any permitted use in the C-1 or C-2 zoning district. Both the Urban Land Institute (ULI) and ICSC are recognized resources that staff uses when evaluating market studies in connection with GMP amendments (to commercial). Petitioners submit a commercial needs analysis, and part of staff’s evaluation is to compare the market studies with the ULI and ICSC. Both these resources utilize 30,000 square feet as the low threshold for what constitutes a neighborhood shopping center. Staff construes neighborhood shopping centers as a logical place for C-1 through C-3 uses. The geographic area subject to this LDCA does not include the properties located within the Bayshore Gateway Triangle Community Redevelopment Area, and this LDCA is only applicable to where new self-storage buildings that are currently allowed as a permitted use—the in the C-5 zoning district. FISCAL & OPERATIONAL IMPACTS Staff anticipates additional fiscal and operational impacts to petitioners requesting a waiver from the minimum distance requirement. GMP CONSISTENCY This LDCA is consistent with the Growth Management Plan (GMP) (see Exhibit B). EXHIBITS: A – Defined Area; B – GMP Consistency Memo; C – Email from Public; D - Vision for the East Trail Corridor; E – Collier County Self-Storage Building Map (as of June 11, 2018); F – U.S. 41 Corridor Study—Summary of Findings and Recommendations to the Board; G – Executive Summary and BCC Minutes (04-24-2018); and H – Self Storage Buildings Map (C-4 C-5 PUD). DRAFT Text underlined is new text to be added Text underlined is new text to be added after DSAC-LDR Text strikethrough is current text to be deleted Text strikethrough is text to be deleted after DSAC-LDR 3 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\May 01\Self-Storage Buildings\Word version and Backup Documents\Item VI.A (04-11-2019) - LDC.docx Amend the LDC as follows: 1 # # # # # # # # # # # # # 2 3 1.08.02 Definitions 4 5 * * * * * * * * * * * * * 6 7 Self-storage buildings (applicable to LDC Sections 5.05.08 and 5.05.16 only): Buildings where 8 customers lease space to store and retrieve their goods; see NAICS 531130. 9 10 # # # # # # # # # # # # # 11 12 2.03.03 – Commercial Districts 13 14 * * * * * * * * * * * * * 15 16 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning 17 district, the heavy commercial district (C-5) allows a range of more intensive commercial 18 uses and services which are generally those uses that tend to utilize outdoor space in the 19 conduct of the business. The C-5 district permits heavy commercial services such as full-20 service automotive repair, and establishments primarily engaged in construction and 21 specialized trade activities such as contractor offices, plumbing, heating and air 22 conditioning services, and similar uses that typically have a need to store construction 23 associated equipment and supplies within an enclosed structure or have showrooms 24 displaying the building material for which they specialize. Outdoor storage yards are 25 permitted with the requirement that such yards are completely enclosed or opaquely 26 screened. The C-5 district is permitted in accordance with the locational criteria for uses 27 and the goals, objectives, and policies as identified in the future land use element of the 28 Collier County GMP. 29 30 1. The following uses, as identified with a number from the Standard Industrial 31 Classification Manual (1987), or as otherwise provided for within this 32 section are permissible by right, or as accessory or conditional uses within 33 the heavy commercial district (C-5). 34 35 a. Permitted uses. 36 37 * * * * * * * * * * * * * 38 39 111. Motor freight transportation and warehousing (4225, mini- 40 and self-storage warehousing only), subject to LDC section 41 5.05.16 for minimum separation requirements between 42 buildings). 43 DRAFT Text underlined is new text to be added Text underlined is new text to be added after DSAC-LDR Text strikethrough is current text to be deleted Text strikethrough is text to be deleted after DSAC-LDR 4 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\May 01\Self-Storage Buildings\Word version and Backup Documents\Item VI.A (04-11-2019) - LDC.docx 1 # # # # # # # # # # # # # 2 3 4 5.05.16 – Separation of Self-Storage Buildings 5 6 A. Purpose and Intent. The purpose of this section is to discourage the proliferation 7 of self-storage buildings along the segment of U.S. 41 defined in LDC section 8 5.05.06 B., in order to maximize or encourage a broad mix of principal uses that 9 will provide goods and services at the neighborhood level to the residents living 10 within or adjacent to the applicable defined area. 11 12 B. Applicability. This section shall apply to all new self-storage buildings proposed 13 on real property zoned C-5 and located adjacent to U.S. 41, between the east side 14 of Airport-Pulling Road to the west side of Price Street/Triangle Boulevard. All 15 outparcels within shopping centers that are adjacent to U.S. 41 within this area 16 shall be included. This section shall not apply to self-storage buildings for which a 17 SDP has been approved or a completed SDP application has been filed and 18 accepted as of the effective date of this section. 19 20 C. Minimum Separation. A new self-storage building shall be located no closer than 21 a quarter-mile (1,320 feet) radius to an existing self-storage building, as measured 22 from property line to property line, unless a waiver to the separation requirement 23 is granted in conformance with LDC subsection 5.05.16 D. below. 24 25 D. Waiver of Separation Requirements. 26 27 1. The Office of the Hearing Examiner or the BZA (or whomever is appointed 28 by the BCC) may grant a waiver of all or part of the minimum separation 29 requirements of a proposed self -storage building, if either of the following 30 circumstances are met: 31 32 a. Within a quarter-mile (1,320-foot) radius of the proposed self-33 storage building, there are properties that have existing C-2 uses or 34 are zoned to permit C-2 uses that provide neighborhood-level 35 goods or services, such as restaurants, retail, or personal services.; 36 or 37 38 b. A minimum of 25 percent of the gross floor area of the proposed 39 self-storage building is dedicated to C-2 uses that provide 40 neighborhood-level goods or services, such as restaurants, retail, 41 or personal services. 42 43 DRAFT Text underlined is new text to be added Text underlined is new text to be added after DSAC-LDR Text strikethrough is current text to be deleted Text strikethrough is text to be deleted after DSAC-LDR 5 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\May 01\Self-Storage Buildings\Word version and Backup Documents\Item VI.A (04-11-2019) - LDC.docx 2. The Administrative Code shall establish the submittal requirements for a 1 self-storage building distance waiver request. 2 3 3. Additional conditions and considerations. The Hearing Examiner or the 4 BZA (or whomever is appointed by the BCC) may add shall have the right 5 to impose additional conditions to insure compatibility of the self -storage 6 building with the surrounding area or to further the purpose and intent of 7 this section. 8 9 # # # # # # # # # # # # # 10 11 10.03.06 – Public Notice and Required Hearings for Land Use Petitions 12 13 * * * * * * * * * * * * * 14 15 Z. Waiver of Separation Requirements for of Self-Storage Buildings, pursuant to LDC 16 section 5.05.16. 17 18 1. The following advertised public hearing is required: 19 20 a. One Hearing Examiner hearing or BZA hearing. 21 22 2. The following notice procedures are required: 23 24 a. Newspaper Advertisement prior to the advertised public hearing in 25 accordance with F.S. § 125.66. 26 27 b. Mailed Notice to all property owners within a 500-foot the quarter-28 mile (1,320) square foot radius prior to the advertised public 29 hearing. 30 31 # # # # # # # # # # # # # 32 Collier County Land Development Code | Administrative Procedures Manual Chapter 6 | Waivers, Exemptions, and Reductions Text underlined is new text to be added Text underlined is new text to be added after DSAC -LDR Text strikethrough is current text to be deleted Text strikethrough is text to be deleted after the DSAC -LDR G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\May 01\Self-Storage Buildings\Word version and Backup Documents\Item VI.A (04-11-2019) Admin Code.docx L. Self-Storage Building Separation Waiver Reference LDC section 5.05.16, LDC section 8.10.00, and LDC Public Notice section 10.03.06 Z. Applicability This establishes a process to waive part or all of the minimum separation requirements for self-storage buildings from other self-storage buildings located within the geographic area described in LDC section 5.05.16 B. Pre-Application A pre-application meeting is required. Initiation The applicant files a “Petition for Waiver from Separation Requirements for Self- Storage Buildings” with the Planning & Zoning Division. Application Contents The application must include the following: 1. Applicant contact information. 2. Property information, including: • Legal description; • Property identification number; • Section, township and range; • Subdivision, unit, lot and block, or metes and bounds description; and • Address of subject site. 3. Zoning information, including: • Current zoning of subject property; and • Zoning and land use of all properties within the quarter-mile radius, unless the applicant elects to dedicate a minimum of 25 percent of the gross floor area of the proposed self-storage building of that to a different principal use or uses that are permitted in the C-2 zoning district. 4. The extent of the waiver being requested (in linear feet) from the required separation. 5. A narrative that describes how the application demonstrates compliance with LDC section 5.05.16 D.1. 6. A site plan (measuring no larger than 24 in. x 36 in.) along with a conceptual site plan measuring 8½ in. x 11 in., that indicates the following: • The dimensions of the subject property; • Location of self-storage building, including off-street parking areas and vehicular access; Collier County Land Development Code | Administrative Procedures Manual Chapter 6 | Waivers, Exemptions, and Reductions Text underlined is new text to be added Text underlined is new text to be added after DSAC -LDR Text strikethrough is current text to be deleted Text strikethrough is text to be deleted after the DSAC -LDR G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\May 01\Self-Storage Buildings\Word version and Backup Documents\Item VI.A (04-11-2019) Admin Code.docx • The layout of road(s) on which the proposed self-storage building station fronts or to which access is provided, including the type of road(s), the number of lanes, and the location of intersections and turn lanes, median locations and median widths, for a quarter-mile (1,320- foot) distance from the subject parcel.; and • Location of all off-site self-storage buildings within a quarter-mile (1,320-foot) radius and the distance of each building it is from the subject project (as measured from property line to property line).; and • Roadways between the subject property and other self-storage buildings. 7. Environmental Data Requirements. See LDC subsection 3.08.00 A. 8. An Aerial photographs (taken within the previous 12 months at a minimum scale of 1 in. = 200 ft.), showing FLUFCS Codes, legend, and project boundary. 9. Addressing checklist. 10. Pre-application meeting notes. 11. Warranty Deed for the Property. 12. Affidavit of Authorization. 13. Electronic copy of all documents. Completeness and Processing of Application The Planning & Zoning Division will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX-PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; and • Description of the proposed land uses. Collier County Land Development Code | Administrative Procedures Manual Chapter 6 | Waivers, Exemptions, and Reductions Text underlined is new text to be added Text underlined is new text to be added after DSAC -LDR Text strikethrough is current text to be deleted Text strikethrough is text to be deleted after the DSAC -LDR G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\May 01\Self-Storage Buildings\Word version and Backup Documents\Item VI.A (04-11-2019) Admin Code.docx Public Hearing 1. The Hearing Examiner or the BZA shall hold at least one advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner or the BZA. Review Process The Planning & Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare Staff Report, utilizing the criteria established in LDC section 5.05.16, to present to the Hearing Examiner or the BZA for a decision. 5 t h A V E S Bayshore DRTa mia mi T RL E Collier BLVDDavis BLV D Collier BLVDBayshore DRTamiami TRL E Davis BLV D Ta mia mi T R L E Ta mia mi T R L E D av is B LV DDavis BLV D Ta mia mi T R L E Tho ma s so n D R Collier BLVDDavis BLVDThomasson DR Tamiami TRL E Davis BLV D Collier BLVDCollier BLVDCounty Barn RDDavis BLV D 5th AVE S Santa Barbara BLVDCollier BLVDD av is BLV DDavis BLV D Tamiami TRL E Tamiami TRL E Tamiami TRL E Ta mia mi T R L E Rattlesnake Hammock RD Collier BLVDTa mia mi T R L E Collier BLVDSanta Barbara BLVDCounty Barn RDCollier BLVDCollier BLVDHardee STDocument Path: M:\GIS_R equests\2018\12-Dec\LDC Exhibit\MXD\LDC _Exhi bit.mxd U.S 41 Stud y A rea(Palm ST to Price ST) Stud y Are a L im its Map Date: 12/20 /201 8 Growth Ma nage ment De partme ntOperations & Re gulato ryManagement Divi sion I 0 1,50 0 3,00 0750 FeetPalmSTPrice ST Ratt lesn ake Hammock RD Sab al Palm RD 1 Growth Management Department Zoning Division Memorandum To: Eric Johnson, AICP, CFM, Land Development Code Section From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Date: April 9, 2019 Subject: Growth Management Plan (GMP) Consistency Review PETITION NUMBER: LDCA-PL20180003473 REV:5 PETITION NAME: LDC Sec. 1.08.02, 2.03.03 & 5.05.16, Self-Storage Facilities REQUEST: Amend the Collier County Land Development Code Sections 1.08.02 Definitions, and 2.03.03 Commercial Zoning Districts, and add new Sec. 5.05.16, Self-Storage Facilities, to: 1. Add to the definition of “self-storage buildings” and add reference to new Sec. 5.05.16. 2. Add reference to new Sec. 5.05.16 within the C-5, Heavy Commercial, District. 3. Establish new Sec. 5.05.16 Separation of Self-Storage Facilities. COMPREHENSIVE PLANNING COMMENTS: The Growth Management Plan’s (GMP) land use elements (Future Land Use Element, Golden Gate Area Master Plan, Immokalee Area Master Plan) contain subdistricts and overlays that identify allowable uses; some of these identify uses by zoning district(s) and some by specific use names (e.g. liquor store) or use categories (e.g. retail commercial). These subdistricts and overlays are implemented through the Land Development Code (LDC), which may be by establishing a zoning overlay, or a rezone of a property, or a conditional use on a property. The GMP does not contain a definition of self-storage facilities, and does not contain, or prohibit, separation requirements for self-storage facilities; there is no specificity provided that would conflict with the proposed amendment. The LDC may be more restrictive than the GMP but not less restrictive. CONCLUSION: Based upon the above analysis, the proposed LDC amendment may be deemed consistent with the GMP. IN CITYVIEW cc: Michael Bosi, AICP, Zoning Director LDCA-PL20180003473 Sec. 5.05.16 et al_self-storage separationR5 G:\CDES Planning Services\Consistency Reviews\2019\LDCA dw/4-9-19 1 JohnsonEric From:Michael Fernandez <mfernandez@planningdevelopmentinc.com> Sent:Wednesday, December 12, 2018 9:29 AM To:JohnsonEric Cc:Terri Fernandez; FrantzJeremy Subject:RE: Land Development Code Amendments Update Good morning Eric, Just a couple of comments / input relative to the self storage separation standards proposed. 1. It appears that facility and buildings are used interchangeably. Facilities can be of one or numerous number of buildings. Recommend you use facilities and eliminate the term buildings from this provision. 2. The intent is to limit and provide separation of facilities. This should not preclude expansion of existing facilities which is more desirable as it addresses demand without the need for additional new facilities. Therefore recommend that you exempt enlargements of existing facilities which have been considered or will be considered / evaluated through a public hearing process; such as a PUD or Conditional Use. a. A PUD may have remaining capacity b. An expansion or enlargement which proposes additional acreage for the expansion will still need to go through the Conditional Use process. 3. It was unclear how the proposed LDC amendment addresses existing approvals relative to new proposed locations. Is the separation only measured between existing facilities or does it recognize existing zoning such as PUDs and Conditional Uses. Relative to PUDs, these districts typically have a varied list of permitting uses which may or may not be realized. a. Not sure, but does Sabal Bay PUD support storage? b. Others? c. I believe the PUD at the southeast corner of US 41 East and Southwest Blvd supports storage. d. It is interesting to see in plan where zoning already supports storage Are these areas grandfathered-in? 4. As you may recall, we are presently working on a self-storage facility – which just started construction on the East Trail and is permitting under a Conditional Use approval. a. There is vacant parcels to the west which are very small and due to their size and geometry (limited depth and frontage and setback due to frontage canal) are not good candidates for retail or services and access is an issue. These lots are good candidates for the expansion of the storage facility under construction should it be successful and would be most compatible with the neighborhood and would no require an additional access from US 41; and would be low traffic generator. 1. It has since been suggested by nearby neighbors that the facility should expand over these lots. b. How would the proposed LDC provision address these considerations? I assume that a CU or a CU amendment would be required to permit the expansion? I will look forward to your feedback on these suggested revisions to the draft LDC amendments. Please do not hesitate to call or to schedule a meeting should you wish to further discuss. Regards, Michael Michael R. Fernandez, AICP RA Architect / President PLANNING DEVELOPMENT INC Development Consultants, Architects, Engineers, and Planners 704 Goodlette Road, Suite 240, Naples, Florida 34102 (239) 263.6934; (877) 263-0535 fax mfernandez@planningdevelopmentinc.com 2 From: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Sent: Wednesday, December 12, 2018 8:35 AM To: Michael Fernandez <mfernandez@planningdevelopmentinc.com> Cc: Terri Fernandez <tfernandez@planningdevelopmentinc.com>; JohnsonEric <Eric.Johnson@colliercountyfl.gov> Subject: RE: Land Development Code Amendments Update Hi Michael, Eric Johnson is the lead on that amendment. Eric.Johnson@colliercountyfl.gov 239-252-2931 Respectfully, Jeremy Frantz, AICP Land Development Code Manager From: Michael Fernandez <mfernandez@planningdevelopmentinc.com> Sent: Tuesday, December 11, 2018 5:37 PM To: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Cc: Terri Fernandez <tfernandez@planningdevelopmentinc.com> Subject: RE: Land Development Code Amendments Update Jeremy, To whom should our input on the proposed self storage facility separation text be addressed/direct to? Regards, Michael Michael R. Fernandez, AICP RA Architect / President PLANNING DEVELOPMENT INC Development Consultants, Architects, Engineers, and Planners 704 Goodlette Road, Suite 240, Naples, Florida 34102 (239) 263.6934; (877) 263-0535 fax mfernandez@planningdevelopmentinc.com From: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Sent: Tuesday, December 11, 2018 5:24 PM To: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Subject: Land Development Code Amendments Update 3 LDC Amendments Update Meeting Schedule Current Amendments Collier LDC News Releases Upcoming Public Meeting for Proposed Amendments to the LDC and the Administrative Code The Development Services Advisory Committee – Land Development Review (DSAC-LDR) Subcommittee will review proposed amendments to the LDC and the Administrative Code Date & Location Tuesday December 18, 2018 2:00 PM Location 2800 N. Horseshoe Dr. Collier County Development Services Building Conference Room 609/610 Review: Agenda & Meeting Materials We welcome your attendance and feedback. Contact Us 2800 N. Horseshoe Drive | Naples, FL 34014 Call: (239) 252-2305 | Email: jeremy.frantz@colliercountyfl.gov Not interested in e-mail updates? Unsubscribe from this list. 4 Ellen Summers Senior Planner Zoning Division 2800 N. Horseshoe Drive, Naples, Florida 34104 239.252.1032 www.colliergov.net/ldcamendments Exceeding Expectations Everyday Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Respectfully, Jeremy Frantz, AICP Land Development Code Manager Zoning Division Exceeding Expectations Everyday 2800 N. Horseshoe Drive, Naples, Florida 34104 Phone: 239.252.2305 www.colliergov.net/ldcamendments Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Item VI.A Petition # - PL20180003473 Separation Requirements for Storage Buildings on U.S. 41 For DSAC – Exhibits D thru G The above PDF consists of the following: Exhibit D – Vision for the East Trail Corridor Exhibit E – Collier County Self Storage Facility Map (as of June 11, 2018) Exhibit F – U.S. 41 Corridor Study Exhibit G – Executive Summary and BCC Minutes (04-24-2018) To access the above documents, please clink the below link: http://cvportal.colliergov.net/CityViewWeb/Planning/Status?planningId=27652 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\12-18-2018\Item 7.b (Self-Storage Separation Req)\Cover Sheet Exhibits A-D.docx DIRECTIONS TO ACCESS PETITION DOCUMENTS Separation Requirements for Self-Storage Buildings on U.S. 41 (PL20180003473) as an example 1. Access CityView Portal here: http://cvportal.colliergov.net/cityviewweb 2. Under Planning Department, click on “Status and Fees” 3. Input the Project # or Name (from Agenda) Click on Documents and Images Click on any document to open for viewing Lock UpSelf Storage 5 t h A V E S Bayshore DRAIRPORT PULLING RD SThomasson DR Tamiami TRL ECounty Barn RDTa mia mi T R L E Davis BLVD Collier BLVDRattlesnake Hammock RD Da vi s BLV D Collier BLVDCollier BLVDCollier BLVDDavis BLVD 5th AVE S Santa Barbara BLVDD avis B LV D Collier BLVDTamiami TRL E Ta mia mi T R L E Rattlesnake Hammock RDSanta Barbara BLVDCounty Barn RDCollier BLVDCollier BLVDBayshoreStorage Cubesmartself storage StoreSmartSelf Storage Cubesmartself storage Carls - WhiteGlove PersonalStorage U-Haul Moving& Storageof Naples RattlesnakeHammock Selfstorage Vincentian MPUDSelf Storage(ZVL-HEX 16-40) TREETOPS FALLINGWATERS BEACHRESORT VINCENTIANVILLAGE MINI-TRIANGLEMPUD Document Path: C:\GIS\Data Request\GIS Request\LDC\US-41 Self StoreageBuildings Map.mxd Map Date: 3/21/2019 Growth Management DepartmentOperations & RegulatoryManagement Division I 0 1,400 2,800700 Feet Price St.PalmSTSELF-STORAGE BUILDINGS ON US 41Legend PROJECT LIMIT(U.S 41/PRICE ST.) PROJECT LIMIT(U.S. 41/AIRPORT-PULLING RD) Self-Storage Building (HEX Decision) Self-Storage Building 1,320 Buffer FLU Activity Center Parcels C-4 Proposed Self-Storage Building Existing Self-Storage Building C-5 PUDs that Allow Self-Storage Building