Loading...
Agenda 05/14/2019 Item # 9A (LDC Amendments)05/14/2019 EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to allow communications towers as a conditional use in the Rural Fringe Mixed Use Sending Lands and Conservation District; by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two - Zoning Districts and Uses, including Section 2.01.03 Essential Services and Section 2.03.08 Rural Fringe Zoning Districts, and Section 2.03.09 Open Space District; Section Four, Conflict and Severab ility; Section Five, inclusion in the Collier County Land Development Code; and Section Six, Effective Date. OBJECTIVE: To obtain Board approval of a proposed Land Development Code (LDC) Amendment to allow communication towers as a conditional use within the essential services allowed in the Rural Fringe Mixed Use District (RFMUD) - Sending Lands and the Conservation (CON) District. CONSIDERATIONS: In the fall of 2018, Staff was approached by a telecommunication company that was seeking to construct a tower within the RMFUD - Sending Lands but found that communication towers are prohibited in the RFMUD-Sending Lands. The US Telecommunications Act of 1996 (47 USC 332) states that local governments “shall not prohibit or have the effect of prohibiting the provision of personal wireless services” (Section 332(c)(7)(B)(i)(II)). At Staff’s request, on November 13, 2018, the Board of County Commissioners (Board) directed staff to draft an ordinance to allow Communication Towers in the RFMUD Sending Lands. After that time, Staff was made aware of an application considering a potential tower site within the CON District, another district in which communication towers are prohibited. As a result, staff has added communication towers as a conditional use in the CON District to this amendment. This LDC amendment would ensure compliance with the US Telecommunications Act of 1996 by defining communications towers as an essential service and allowing communications towers as a conditional use in the RFMUD-Sending Lands and CON Districts. In addition to conditional use approval, communication towers will still be required to comply with all other applicable development standards. DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: The DSAC-LDR Subcommittee reviewed this amendment on December 18, 2018. Lacking a quorum, no action was taken, but the amendment was forwarded to the full DSAC with no comments or suggested changes. The DSAC reviewed this amendment on February 6, 2019, and recommended approval with no changes. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this amendment on February 28, 2019, and identified that a citation in the existing language in LDC section 2.01.03 G.2 was out of date and incorrectly referred to the list of uses in that section as additional to those listed in 2.01.03 G.1. These errors have been corrected in the current draft. With these errors corrected, the CCPC recommended approval with no other changes by a vote of 5-0. 9.A Packet Pg. 67 05/14/2019 FISCAL IMPACT: There are no fiscal impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for Board adoption. (HFAC) GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: To approve the LDC Amendment to allow communication towers as a conditional use within the essential services allowed in the Rural Fringe Mixed Use District - Sending Lands and the Conservation (CON) District. Prepared by: Jeremy Frantz, AICP, LDC Manager, Zoning Division ATTACHMENT(S) 1. LDC Amendment Request (PDF) 2. Draft LDC Ordinance - Communication Towers - 3.5.19 (PDF) 3. Legal Ad - Agenda ID 8601 (PDF) 9.A Packet Pg. 68 05/14/2019 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 8601 Item Summary: Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to allow communications towers as a conditional use in the Rural Fringe Mixed Use Sending Lands and Conservation District; by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two - Zoning Districts and Uses, including Section 2.01.03 Essential Services and Section 2.03.08 Rural Fringe Zoning Districts, and Section 2.03.09 Open Space District; Section Four, Conflict and Severability; Section Five, inclusion in the Collier County Land Development Code; and Section Six, Effective Date. Meeting Date: 05/14/2019 Prepared by: Title: Planner, Senior – Zoning Name: Jeremy Frantz 04/10/2019 2:43 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 04/10/2019 2:43 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 04/11/2019 2:36 PM Zoning Michael Bosi Additional Reviewer Completed 04/16/2019 8:06 AM Growth Management Department James C French Deputy Department Head Review Completed 04/16/2019 8:18 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/16/2019 9:34 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/16/2019 11:00 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/16/2019 11:42 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/30/2019 3:03 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/01/2019 11:08 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/05/2019 8:00 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM 9.A Packet Pg. 69 1 L:\LDC Amendments\Current Work\Communication Towers in RFMU Sending (PL20180003474)\Communication Towers in RFMU Sending Lands 3-6-19.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20180003474 SUMMARY OF AMENDMENT This amendment adds communication towers as a conditional use in the Rural Fringe Mixed Use District (RFMUD) Sending Lands and the Conservation District (CON) as an essential service. LDC SECTION TO BE AMENDED 2.01.03 Essential Services 2.03.08 Rural Fringe Zoning Districts 2.03.09 Open Space Zoning Districts ORIGIN Growth Management Department (GMD) HEARING DATES BCC 05/28/2019 05/14/2019 CCPC 02/28/2019 DSAC 02/06/2019 DSAC-LDR 12/18/2018 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR N/A DSAC Approval CCPC Approval BACKGROUND On November 13, 2018, the Board of County Commissioners (Board) directed staff to draft an ordinance to address Communication Towers in the RFMUD Sending Lands (See Exhibit A). Currently, communication towers are not allowed as permitted or conditional uses within the Rural Fringe Mixed Use District (RFMUD)-Sending Lands or Conservation (CON) Districts. Therefore, communication towers are prohibited in the RFMUD-Sending Lands and CON Districts. However, the US Telecommunications Act of 1996 (47 USC 332) states that local governments “shall not prohibit or have the effect of prohibiting the provision of personal wireless services” (Section 332(c)(7)(B)(i)(II)) This LDC amendment would ensure compliance with the US Telecommunications Act of 1996 by defining communications towers as an essential service and allowing communications towers as a conditional use in the RFMUD-Sending Lands and CON Districts. Additionally, communication towers would still be required to comply with all other applicable development standards. Corresponding cross-references to this new conditional use are also added to LDC sections 2.03.08 and 2.03.09. DSAC Review The DSAC-LDR Subcommittee reviewed this amendment on December 18, 2018. Lacking a quorum, no action was taken, but the amendment was forwarded to the full DSAC with no comments or suggested changes. The DSAC reviewed this amendment on February 6, 2019, and recommended approval with no changes. CCPC Review The CCPC reviewed this amendment on February 28, 2019. It was identified that a citation in the existing language in LDC section 2.01.03 G.2 was out of date and incorrectly referred to the list of uses in that section as additional to those listed in 2.01.03 G.1. These errors have been corrected in the current draft. 9.A.a Packet Pg. 70 Attachment: LDC Amendment Request (8601 : Communication Towers in RMFU - Sending Lands LDCA) 2 L:\LDC Amendments\Current Work\Communication Towers in RFMU Sending (PL20180003474)\Communication Towers in RFMU Sending Lands 3-6-19.docx FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed LDC amendment may be deemed consistent with the GMP. EXHIBITS: A) Executive Summary Approved by BCC 9.A.a Packet Pg. 71 Attachment: LDC Amendment Request (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Current Work\Communication Towers in RFMU Sending (PL20180003474)\Communication Towers in RFMU Sending Lands 3-6-19.docx Amend the LDC as follows: 1 2.01.03 - Essential Services 2 3 Essential services are hereby defined as services designed and operated to provide water, 4 sewer, gas, telephone, electricity, cable television or communications to the general public by 5 providers which have been approved and authorized according to laws having appropriate 6 jurisdiction, and government facilities. Essential services are allowed in any zoning district subject 7 to the following conditions: 8 9 * * * * * * * * * * * * * 10 11 G. Conditional uses. The following uses require approval pursuant to section 10.08.00 12 conditional uses: 13 14 1. Conditional essential services in every zoning district excluding the RFMU district 15 sending lands, CON districts, NRPAs, and RLSA designated HSAs and FSAs. In 16 every zoning district, unless otherwise identified as permitted uses, and excluding 17 RFMU district Sending Lands, CON districts, and NRPAs, the following uses shall 18 be allowed as conditional uses: 19 20 a. Electric or gas generating plants; 21 22 b. Effluent tanks; 23 24 c. Major re-pump stations sewage treatment plants, including percolation 25 ponds, and water aeration or treatment plants, 26 27 d. Hospitals and hospices; 28 29 e. Government facilities, including where not identified as a permitted use in 30 this section, safety service facilities such as including law enforcement, fire, 31 emergency medical services; and 32 33 f. Conservation Collier lands which provide for permitted, nondestructive, 34 passive natural resource based recreational and educational activities, 35 when such sites require major improvements to accommodate public 36 access and use. These major improvements shall include, but are not 37 limited to: parking areas of 21 parking spaces or more; nature centers; 38 equestrian paths; biking trails; canoe and kayak launch sites; public 39 restroom facilities, greater than 500 square feet; signage beyond that 40 allowed in sections 2.01.03 A.9. and 2.01.03 B.1.e. of this Code and other 41 nondestructive passive recreational activities as identified by the County 42 Manager or designee. The provisions for Conservation Collier lands in this 43 Code do not affect the underlying zoning districts or land use designations 44 in any district where Conservation Collier lands are established, such that 45 no expansion or diminution of the various zoning district conditional uses is 46 intended or implied by these provisions, except as stated above for major 47 improvements. Oil and gas field development and production as defined 48 9.A.a Packet Pg. 72 Attachment: LDC Amendment Request (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 L:\LDC Amendments\Current Work\Communication Towers in RFMU Sending (PL20180003474)\Communication Towers in RFMU Sending Lands 3-6-19.docx and regulated in this Code remains a conditional use on or beneath 1 Conservation Collier lands established in zoning districts providing for oil 2 and gas field development and production as a conditional use, subject to 3 subsection 2.03.09 B.1.c.i. 4 5 2. Conditional essential services in RFMU sending lands, NRPAs, CON districts, and 6 RLSA designated HSAs and FSAs. Within RFMU District Sending Lands, NRPAs, 7 CON districts, and the RFLA designated HSAs and FSAs subject to the limitations 8 set forth in LDC section 4.08.08 C.2. 4.08.05 H.3, in addition to the essential 9 services identified as allowed conditional uses in subsection 2.01.03 G.1. above, 10 the following additional essential services are allowed as conditional uses: 11 12 a. Sewer lines and lift stations necessary to serve a publicly owned or 13 privately owned central sewer system providing service to urban areas; or 14 the Rural Transition Water and Sewer District, as delineated on the Urban-15 Rural Fringe Transition Zone Overlay Map in the Future Land Use Element 16 of the GMP, when not located within already cleared portions of existing 17 rights-of-way or easements; 18 19 b. Safety Services limited to law enforcement, fire, and emergency medical 20 services; and 21 22 c. Oil and gas field development and production, as defined and regulated in 23 this Code, remains a conditional use on or beneath Conservation Collier 24 lands established in the CON zoning district subject to subsection 2.03.09 25 B.1.c.i. 26 27 3. Additional conditional uses in residential, and estate zoned districts, and in RFMU 28 receiving and neutral lands. In residential, agricultural, and estate zoned districts 29 and in RFMU Receiving and neutral lands, in addition to those essential services 30 identified as conditional uses in section 2.01.03 G.1. above, the following essential 31 services shall also be allowed as conditional uses: 32 33 a. Regional parks and community parks; 34 35 b. Public parks and public library facilities; 36 37 c. Safety service facilities; 38 39 d. Other similar facilities, except as otherwise specified herein. 40 41 4. Additional conditional uses in the RFMU sending lands and CON districts. The 42 following essential services shall be allowed as conditional uses: 43 44 a. Communications towers, subject to all applicable provisions of LDC 45 section 5.05.09. 46 47 4. 5. Conditional uses that include the installation of structures: 48 49 9.A.a Packet Pg. 73 Attachment: LDC Amendment Request (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 L:\LDC Amendments\Current Work\Communication Towers in RFMU Sending (PL20180003474)\Communication Towers in RFMU Sending Lands 3-6-19.docx a. Where structures are involved other than structures supporting lines or 1 cables, such structures shall comply with the regulations for the district in 2 which they are located, or as may be required on an approved site 3 development plan under section 10.02.03. In addition, the structures shall 4 conform insofar as possible to the character of the district in which they are 5 located as to development standards, as well as architecture and 6 landscaping, with utilization of screening and buffering to ensure 7 compatible with the surrounding and nearby existing and future uses. 8 9 b. Within the RFMU district sending lands, NRPAs, Conservation Districts, 10 and the RLSA HSAs and FSAs, structures supporting the conditional use 11 shall be located so as to minimize any impacts on native vegetation and on 12 wildlife and wildlife habitat. 13 14 c. Essential services shall not be deemed to include the erection of structures 15 for commercial activities such as sales or the collection of bills in districts 16 from which such activities would otherwise be barred. Unstaffed billing 17 services, which are accessory uses to the normal operations of the 18 essential service, may be permitted. 19 20 # # # # # # # # # # # # # 21 22 2.03.08 – Rural Fringe Zoning Districts 23 24 * * * * * * * * * * * * * 25 26 A. Rural Fringe Mixed-Use District (RFMU District). 27 28 * * * * * * * * * * * * * 29 30 4. RFMU sending lands. RFMU sending lands are those lands that have the highest 31 degree of environmental value and sensitivity and generally include significant 32 wetlands, uplands, and habitat for listed species. RFMU sending lands are the 33 principal target for preservation and conservation. Density may be transferred from 34 RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs within 35 the RFMU district are also RFMU sending lands. With the exception of specific 36 provisions applicable only to NBMO neutral lands, the following standards shall 37 apply within all RFMU sending lands: 38 39 * * * * * * * * * * * * * 40 41 a. Allowable uses where TDR credits have not been severed. 42 43 * * * * * * * * * * * * * 44 45 (3) Conditional Uses. 46 47 (a) Those essential services identified in LDC section 2.01.03 48 G.2 and 4. 49 50 9.A.a Packet Pg. 74 Attachment: LDC Amendment Request (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 L:\LDC Amendments\Current Work\Communication Towers in RFMU Sending (PL20180003474)\Communication Towers in RFMU Sending Lands 3-6-19.docx * * * * * * * * * * * * * 1 2 b. Uses allowed where TDR credits have been severed. 3 4 * * * * * * * * * * * * * 5 6 (2) Conditional uses: 7 8 (a) Those Essential Uses identified in LDC section 2.01.03 G.2 and 4. 9 10 # # # # # # # # # # # # # 11 12 2.03.09 – Open Space Zoning Districts 13 14 * * * * * * * * * * * * * 15 16 B. Conservation District "CON". The purpose and intent of the conservation district "CON" is 17 to conserve, protect and maintain vital natural resource lands within unincorporated Collier 18 County that are owned primarily by the public. All native habitats possess ecological and 19 physical characteristics that justify attempts to maintain these important natural resources. 20 Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular 21 attention because of their ecological value and their sensitivity to perturbation. All 22 proposals for development in the CON district must be subject to rigorous review to ensure 23 that the impacts of the development do not destroy or unacceptably degrade the inherent 24 functional values. The CON District includes such public lands as Everglades National 25 Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions 26 of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, 27 Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research 28 Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp 29 Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to require 30 review of all development proposed within the CON District to ensure that the inherent 31 value of the County's natural resources is not destroyed or unacceptably altered. The CON 32 District corresponds to and implements the conservation land use designation on the 33 future land use map of the Collier County GMP. 34 35 1. Allowable uses. The following uses are allowed in the CON District. 36 37 * * * * * * * * * * * * * 38 39 c. Conditional uses. The following uses are permitted as conditional uses in 40 the CON, subject to the standards and procedures established in section 41 10.08.00 and further subject to: 1) submission of a plan for development as 42 part of the required EIS that demonstrates that wetlands , listed species 43 and their habitat are adequately protected; and 2) conditions which may be 44 imposed by the Board of County Commissioners, as deemed appropriate, 45 to limit the size, location, and access to the conditional use. 46 9.A.a Packet Pg. 75 Attachment: LDC Amendment Request (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 L:\LDC Amendments\Current Work\Communication Towers in RFMU Sending (PL20180003474)\Communication Towers in RFMU Sending Lands 3-6-19.docx 1 * * * * * * * * * * * * * 2 3 2. Those essential services set forth in subsection 2.01.03 G.2. and 4. 4 5 # # # # # # # # # # # # #6 9.A.a Packet Pg. 76 Attachment: LDC Amendment Request (8601 : Communication Towers in RMFU - Sending Lands LDCA) Exhibit A – Executive Summary Approved by BCC 8 L:\LDC Amendments\Current Work\Communication Towers in RFMU Sending (PL20180003474)\Communication Towers in RFMU Sending Lands 3-6-19.docx 9.A.a Packet Pg. 77 Attachment: LDC Amendment Request (8601 : Communication Towers in RMFU - Sending Lands LDCA) Exhibit A – Executive Summary Approved by BCC 9 L:\LDC Amendments\Current Work\Communication Towers in RFMU Sending (PL20180003474)\Communication Towers in RFMU Sending Lands 3-6-19.docx 9.A.a Packet Pg. 78 Attachment: LDC Amendment Request (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 1 of 11 Words struck through are deleted, words underlined are added ORDINANCE NO. 19 – ___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ALLOW COMMUNICATIONS TOWERS AS A CONDITIONAL USE IN THE RURAL FRINGE MIXED USE SENDING LANDS AND CONSERVATION DISTRICT; BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.01.03 ESSENTIAL SERVICES AND SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, AND SECTION 2.03.09 OPEN SPACE DISTRICT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20180003474] Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on February 28, 2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and 9.A.b Packet Pg. 79 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 2 of 11 Words struck through are deleted, words underlined are added WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on ________, 2019, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or 9.A.b Packet Pg. 80 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 3 of 11 Words struck through are deleted, words underlined are added element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, 9.A.b Packet Pg. 81 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 4 of 11 Words struck through are deleted, words underlined are added parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier Count y to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 2.01.03 ESSENTIAL SERVICES Section 2.01.03 Essential Services, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.01.03 Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: * * * * * * * * * * * * * G. Conditional uses. The following uses require approval pursuant to section 10.08.00 conditional uses: * * * * * * * * * * * * 9.A.b Packet Pg. 82 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 5 of 11 Words struck through are deleted, words underlined are added 2. Conditional essential services in RFMU sending lands, NRPAs, CON districts, and RLSA designated HSAs and FSAs. Within RFMU District Sending Lands, NRPAs, CON districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in LDC section 4.08.08 C.2. 4.08.05 H.3, in addition to the essential services identified as allowed conditional uses in subsection 2.01.03 G.1. above, the following additional essential services are allowed as conditional uses: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easements; b. Safety Services limited to law enforcement, fire, and emergency medical services; and c. Oil and gas field development and production, as defined and regulated in this Code, remains a conditional use on or beneath Conservation Collier lands established in the CON zoning district subject to subsection 2.03.09 B.1.c.i. 3. Additional conditional uses in residential, and estate zoned districts, and in RFMU receiving and neutral lands. In residential, agricultural, and estate zoned districts and in RFMU Receiving and neutral lands, in addition to those essential 9.A.b Packet Pg. 83 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 6 of 11 Words struck through are deleted, words underlined are added services identified as conditional uses in section 2.01.03 G.1. above, the following essential services shall also be allowed as conditional uses: a. Regional parks and community parks; b. Public parks and public library facilities; c. Safety service facilities; d. Other similar facilities, except as otherwise specified herein. 4. Additional conditional uses in the RFMU sending lands and CON districts. The following essential services shall be allowed as conditional uses: a. Communications towers, subject to all applicable provisions of LDC section 5.05.09. 4. 5. Conditional uses that include the installation of structures: a. Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under section 10.02.03. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and 9.A.b Packet Pg. 84 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 7 of 11 Words struck through are deleted, words underlined are added landscaping, with utilization of screening and buffering to ensure compatible with the surrounding and nearby existing and future uses. b. Within the RFMU district sending lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. c. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS Section 2.03.08 Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.08 Rural Fringe Zoning Districts * * * * * * * * * * * * * A. Rural Fringe Mixed-Use District (RFMU District). * * * * * * * * * * * * * 9.A.b Packet Pg. 85 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 8 of 11 Words struck through are deleted, words underlined are added 4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: * * * * * * * * * * * * * a. Allowable uses where TDR credits have not been severed. * * * * * * * * * * * * * (3) Conditional Uses. (a) Those essential services identified in LDC section 2.01.03 G.2 and 4. * * * * * * * * * * * * * b. Uses allowed where TDR credits have been severed. * * * * * * * * * * * * * (2) Conditional uses: (a) Those Essential Uses identified in LDC section 2.01.03 G.2 and 4. * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS 9.A.b Packet Pg. 86 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 9 of 11 Words struck through are deleted, words underlined are added Section 2.03.09 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.09 Open Space Zoning Districts * * * * * * * * * * * * * B. Conservation District "CON". The purpose and intent of the conservation district "CON" is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON district must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON District includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to require review of all development proposed within the CON District to ensure that the inherent value of the County's natural resources is not destroyed or unacceptably altered. The CON District corresponds to and implements the conservation land use designation on the future land use map of the Collier County GMP. 1. Allowable uses. The following uses are allowed in the CON District. 9.A.b Packet Pg. 87 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 10 of 11 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the CON, subject to the standards and procedures established in section 10.08.00 and further subject to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands , listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. * * * * * * * * * * * * * 2. Those essential services set forth in subsection 2.01.03 G.2. and 4. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. 9.A.b Packet Pg. 88 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) DRAFT 3/5/19 Page 11 of 11 Words struck through are deleted, words underlined are added SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of ______, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:________________________________ , Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman Approved as to form and legality: __________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/____ (3/5/19) 18-LDS-00061 9.A.b Packet Pg. 89 Attachment: Draft LDC Ordinance - Communication Towers - 3.5.19 (8601 : Communication Towers in RMFU - Sending Lands LDCA) 9.A.c Packet Pg. 90 Attachment: Legal Ad - Agenda ID 8601 (8601 : Communication Towers in RMFU - Sending Lands LDCA)