Agenda 05/14/2019 Item # 9B (Plantation Island Overlay)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 create the Plantation Island Overlay which will
allow single-family detached dwelling units as permitted uses in addition to the uses permitted by
the underlying zoning 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 2.03.07
Overlay Zoning Districts; Section Four Conflict and Severability; Section Five, inclus ion 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
create a new zoning overlay district to allow single-family dwelling units as a permitted use in the Mobile
Home (MH) Zoning District within the area known as Plantation Island.
CONSIDERATIONS: On June 26, 2018, the Board of County Commissioners (Board) directed staff
to draft an ordinance to allow single-family homes as a permitted use in the Mobile Home (MH) Zoning
District within the area known as Plantation Island. This directive was in part to provide new options for
rebuilding after storm damage with more resilient structures in an area vulnerable to storm hazards.
During the vetting process, staff was also asked to solicit community input on the option of adding
recreational vehicles (RVs) as a permitted use.
As noted, this amendment creates a new zoning overlay district, called the Plantation Island Overlay
(PIO), which covers all of the properties within Plantation Island that are currently zoned MH-ACSC/ST
and two adjacent parcels that are currently zoned RSF -1-ACSC/ST and MH(4)-ACSC/ST. With the
creation of the PIO, these properties will be designated MH-ACSC/ST-PIO, RSF-1-ACSC/ST-PIO, and
MH(4)-ACSC/ST-PIO, respectively.
Within the PIO, the development standards of the underlying zoning district will apply (e.g., minimum
yards, maximum building heights, minimum floor area of buildings, etc.). Additionally, none of the
properties within the PIO will be exempt from any local, state, or federal requirements that are currently
applicable to development within the area, including development restrictions placed upon the Area of
Critical State Concern-ST (ACSC-ST) overlay.
Staff conducted a Neighborhood Information Meeting at the Museum of the Everglades, in Everglades
City, on November 15, 2018, that was attended by 67 members of the public. The question of including
RVs as an allowed use was discussed extensively. While some individuals favored allowing RVs, the
community consensus was to maintain the underlying MH zoning and limit the overlay to single-family
home construction as the only allowable alternative.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: 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 recommended approval by a 5-0 vote and
recommended staff to prepare language to allow a 6 month extension for RV’s beyond the one year that
can be done administratively, while house is being built.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
9.B
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05/14/2019
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 creating the Plantation Island Overlay to
allow single-family dwelling units as a permitted use in the area known as Plantation Island and direct
Staff to amend the Code of Laws to allow for a six month extension beyond the one year allowance for
Recreational Vehicles (RV) while constructing a home.
Prepared by: Mike Bosi AICP, Director, Zoning Division
ATTACHMENT(S)
1. 2.03.07 Plantation Island Overlay 03-06-19 (PDF)
2. Legal Ad - Agenda ID 8629 (PDF)
3. draft LDC ordinance - Plantation Island overlay - 3.18.19 (PDF)
9.B
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05/14/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.B
Doc ID: 8629
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 create the Plantation Island Overlay
which will allow single-family detached dwelling units as permitted uses in addition to the uses permitted
by the underlying zoning 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 2.03.07 Overlay Zoning Districts;
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: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
04/11/2019 3:23 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
04/11/2019 3:23 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 04/11/2019 4:42 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/16/2019 10:49 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/16/2019 1:17 PM
Growth Management Department James C French Deputy Department Head Review Completed 04/18/2019 9:25 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/18/2019 3:11 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/24/2019 3:53 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/25/2019 10:26 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/06/2019 10:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM
9.B
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180003429
SUMMARY OF AMENDMENT
This amendment adds single-family homes as permitted uses in the
geographic area known as Plantation Island through the creation of a new
overlay zoning district.
LDC SECTION TO BE AMENDED
2.03.07 Overlay Zoning Districts
ZONING ATLAS MAPS TO BE AMENDED
3924N
391314
ORIGIN
Board of County
Commissioners
HEARING DATES
BCC 05/28/2019
05/14/2019
CCPC 02/28/2019
DSAC 12/05/2018
DSAC-LDR N/A
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
N/A
DSAC
Approval
CCPC
Approval
BACKGROUND
On June 26, 2018, the Board of County Commissioners (Board) directed staff to draft an ordinance to allow single
family homes as a permitted use in the Mobile Home (MH) Zoning District within the area known as Plantation
Island (Item 11.A), in part to provide new options for rebuilding after storm damage with more resilient structures
in an area vulnerable to storm hazards. During the vetting process, staff was also asked to solicit community input
on the option of adding recreational vehicles (RVs) as a permitted use.
This amendment creates a new zoning overlay district, called the Plantation Island Overlay (PIO), which covers
all of the properties within Plantation Island that are currently zoned MH-ACSC/ST and two adjacent parcels that
are currently zoned RSF-1-ACSC/ST and MH(4)-ACSC/ST. With the creation of the PIO, these properties will
be designated MH-ACSC/ST-PIO, RSF-1-ACSC/ST-PIO, and MH(4)-ACSC/ST-PIO, respectively. See changes
to the Zoning Atlas in Exhibit A.
Within the PIO, the development standards of the underlying zoning district will apply (e.g. minimum yards,
maximum building heights, minimum floor area of buildings, etc.). Additionally, none of the properties within the
PIO will be exempt from any local, state, or federal requirements that are currently applicable to development
within the area, including development restrictions placed upon the Area of Critical State Concern-ST (ACSC-
ST) overlay.
A Neighborhood Information Meeting was attended by 67 members of the public at the Museum of the Everglades,
in Everglades City, on November 15, 2018. The question of including RVs as an allowed use was discussed
extensively. While some individuals favored allowing RVs, the community consensus was to maintain the
underlying MH zoning and limit the overlay to single family home construction as the only allowable alternative.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment may be deemed
consistent with GMP for the addition of single family
dwelling units only.
EXHIBITS: A) Amended Zoning Atlas Maps B) Current Code References to Plantation Island
9.B.a
Packet Pg. 94 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
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Amend the LDC as follows:
1
2.03.07 – Overlay Zoning Districts 2
3
* * * * * * * * * * * * * 4
5
Q. Plantation Island Overlay (PIO). 6
7
1. Purpose. The purpose of the Plantation Island Overlay (PIO) is to provide for 8
additional permitted uses within the geographic area known as Plantation Island. 9
The PIO allows detached single-family dwellings as permitted uses in addition to 10
the uses allowed by the underlying zoning. 11
12
2. Applicability. The PIO boundary is delineated on the map below. Unless specified 13
otherwise in this section, the development standards shall be per the underlying 14
zoning district and applicable standards of the Area of Critical State Concern-15
Special Treatment (ACSC-ST) overlay district. 16
17
18
9.B.a
Packet Pg. 95 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
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Text strikethrough is current text to be deleted
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3. Permitted Uses. 1
2
a. All principal and accessory uses permitted by right in the underlying zoning 3
district as identified in LDC section 2.03.02. 4
5
b. Single family dwellings. 6
7
4. Area of Critical State Concern (ACSC). Nothing herein shall exempt any land use 8
from complying with the applicable design standards and requirements of the Area 9
of Critical State Concern-Special Treatment (ACSC-ST) overlay district per LDC 10
section 4.02.14. 11
12
5. Floodplain Protection. Nothing herein shall exempt any land use from complying 13
with the applicable Floodplain Protection standards under LDC section 3.02.00. 14
15
# # # # # # # # # # # # # 16
9.B.a
Packet Pg. 96 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit A – Amended Zoning Atlas Maps
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MAP TO BE REMOVED
9.B.a
Packet Pg. 97 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit A – Amended Zoning Atlas Maps
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MAP TO BE ADDED
9.B.a
Packet Pg. 98 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit A – Amended Zoning Atlas Maps
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MAP TO BE REMOVED
9.B.a
Packet Pg. 99 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit A – Amended Zoning Atlas Maps
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MAP TO BE ADDED
9.B.a
Packet Pg. 100 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit B - Background Information for the Plantation
Island Overlay (PIO) District - Current Code References
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Table of Contents Page
Definitions 9
(LDC Section 1.08.02)
Temporary Recreational Vehicle storage and use provisions 9
(Code of Ordinances Sec. 130-96)
Mobile Home Zoning District 10
(LDC Section 2.03.02.G)
Dimensional Standards for Principal Uses in MH District 12
(LDC Section 4.02.01)
Design Standards for Development in the ST and ACSC-ST Districts 13
(LDC Section 4.02.14)
9.B.a
Packet Pg. 101 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit B - Background Information for the Plantation
Island Overlay (PIO) District - Current Code References
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Definitions (LDC Section 1.08.02)
Dwelling, single-family or one-family: A building that contains only 1 dwelling unit.
Dwelling (also called dwelling unit): Any building, or part thereof, constituting a separate,
independent housekeeping establishment for no more than 1 family, and physically separated from
any other rooms or housekeeping establishments which may be in the same structure. A dwelling
unit contains sleeping facilities, sanitary facilities, and a kitchen.
Mobile home: A structure, transportable in one or more sections, which is 8 body feet or more in
width and which is built on an integral chassis and designed to be used as a dwelling when
connected to the required utilities and includes the plumbing, heating, air conditioning, and
electrical systems contained therein.
Principal building, structure, or use: The main or primary use on a lot or parcel, or the building in
which the main or primary use is housed or carried out.
Recreational vehicle: A vehicular-type portable structure without permanent foundation which can
be towed, hauled or driven and primarily designed as temporary living accommodation for
recreation, camping, and travel use and including, but not limited to, travel trailer, truck campers,
camping trailers, and self-propelled motor homes.
Temporary Recreational Vehicle storage and use provisions
(Code of Ordinances Sec. 130-96)
Code of Ordinances Sec. 130-96. - Limitation on the parking, storage or use of recreational vehicles.
(a) No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes when parked
or stored on a lot in a Residential District, or any location not approved for such use. In Residential
Districts permitting single-family homes or mobile homes, a Recreational Vehicle may be parked
or stored only in a rear yard, or in a completely enclosed building, or in a carport, or on
davits or cradles adjacent to waterways on residentially zoned property; provided, however,
that such Recreational Vehicle may be parked anywhere on residential premises, other than on
county rights-of-way or right-of-way easements for a period not to exceed six hours within a time
period of seven days for loading and unloading, and/or cleaning prior to or after a trip. For the
purpose of this section, the rear yard for a corner lot shall be considered to be that portion of the
lot opposite the street with the least frontage. For through lots, the rear yard shall be considered
to be that portion of the lot lying between the rear elevation (by design) of the residence and the
street.
(b) The following exceptions may be granted by the County Manager or his designee:
(1) Recreational Vehicles may be parked only on a driveway located within the front yard and/or
on a driveway located within the side yard of a single-family or mobile home residence other
9.B.a
Packet Pg. 102 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit B - Background Information for the Plantation
Island Overlay (PIO) District - Current Code References
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than on County rights-of-way or right-of-way easements for a period not to exceed 48 hours
within any given 7-day time period so long as a permit is obtained from the Collier County
Code Enforcement Department. Said permit must be affixed to the Recreational Vehicle in
such a way that the permit is visible from the street. Such permits shall be available on-line
at the Collier County Code Enforcement Department website.
(2) Recreational Vehicles may be parked upon the premises of the resident for a period not
exceeding seven days for the purpose of repairing and/or cleaning prior to or after a trip. A
temporary use permit must be obtained from the Collier County Code Enforcement
Department to authorize this activity. Said permit must be affixed to the Recreational Vehicle
in such a way that the permit is visible from the street. No more than two consecutive permits
may be issued and the maximum number of permits issued during one calendar year shall
be restricted to four.
(3) Nonresident: Such car, trailer, bus or motorhome, when used for transportation of visitors to
this county to visit friends or members of the visitor's family residing in this county may be
parked upon the premises of the visited family for a period not exceeding seven days. A
temporary use permit must be obtained from the Collier County Code Enforcement
Department to authorize this activity. Said permit must be affixed to the Recreational Vehicle
in such a way that the permit is visible from the street. This does not allow for living, sleeping,
or housekeeping purposes. No more than two consecutive permits may be issued and the
maximum number of permits issued during one calendar year shall be restricted to four.
(Ord. No. 10-26, § 6)
Mobile Home Zoning District (LDC Section 2.03.02.G)
G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide land
for mobile homes and modular built homes, as defined in this Land Development Code, that are
consistent and compatible with surrounding land uses. The MH District corresponds to and implements
the urban mixed-use land use designation on the future land-use map of the Collier County GMP. The
maximum density permissible in the MH district and the urban mixed use land use designation shall
be guided, in part, by the density rating system contained in the future land use element of the Collier
County GMP. The maximum density permissible or permitted in the MH district shall not exceed the
density permissible under the density rating system, except as permitted by policies contained in the
future land use element, or as identified in the Immokalee future land use map of the GMP.
1. The following subsections identify the uses that are permissible by right and the uses that are
allowable as accessory or conditional uses in the mobile home district (MH).
a. Permitted uses.
1. Mobile homes.
2. Modular built homes.
3. Family care facilities, subject to section 5.05.04.
4. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT
or MHRP prior to November 13, 1991, in accordance with an approved master
development plan designating specific areas for RV spaces. The development standards
9.B.a
Packet Pg. 103 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit B - Background Information for the Plantation
Island Overlay (PIO) District - Current Code References
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of the TTRVC district (excluding lot size and area) shall apply to the placement and uses
of land in said RV areas.
5. Educational plants and public schools with an agreement with Collier County, as
described in LDC section 5.05.14; however, any high school located in this district is
subject to a compatibility review as described in LDC section 10.02.03.
b. Accessory Uses.
1. Uses and structures customarily associated with mobile home development such as
administration buildings, service buildings, utilities, and additions which complement a
mobile home.
2. Private docks and boathouses, subject to section 5.03.06.
3. Recreational facilities that serve as an integral part of a residential development and
have been designated, reviewed and approved on a site development plan or
preliminary subdivision plat for that development. Recreational facilities may include,
but are not limited to, golf course, clubhouse, community center building and tennis
facilities, parks, playgrounds and playfields.
4. One single-family dwelling in conjunction with the operation of the mobile home park.
c. Conditional uses. The following uses are permissible as conditional uses in the mobile home
district (MH), subject to the standards and procedures established in LDC section 10.08.00.
1. Child care centers and adult day care centers.
2. Churches.
3. Civic and cultural facilities.
4. Schools, private.
5. Recreational facilities intended to serve an existing and/or developing residential
community as represented by all of the properties/ lots/parcels included in an approved
preliminary subdivision plat, PUD or site development plan. The use of said recreational
facilities shall be limited to the owners of property or occupants of residential dwellings
units and their guests within the area of approved preliminary subdivision plat, or site
development plan.
6. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but not limited to, section 5.04.04.
7. Educational plants and public schools with an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also
apply; however, any high school located in this district is subject to a compatibility
review as described in LDC section 10.02.03.
d. Prohibited animals in residential districts. The following animals are to be considered farm
animals and are not permitted to be kept in residential districts except as provided for in
zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs,
and the like.
(Ord. No. 08-11, § 3.E; Ord. No. 16-27, § 3.C)
9.B.a
Packet Pg. 104 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit B - Background Information for the Plantation
Island Overlay (PIO) District - Current Code References
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Dimensional Standards for Principal Uses in Base Zoning Districts (MH)
(LDC Section 4.02.01)
A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design
requirements apply to the principal building on each site.
Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts.
Zoning District Minimum Lot Area
(square feet)
Minimum Lot Width
(linear feet)
Maximum Building Coverage
(%)
MH 6,000 60 None
Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts.
Zoning District
Maximum
Building
Height
(feet)
Minimum
Distance
Between
Buildings
Minimum Floor Area of
Buildings
(square feet)
Floor Area
Ratio
(%)
MH 30 None None None
Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS
(SETBACKS) FOR BASE ZONING DISTRICTS
Note as to setback line measurement: minimum setback lines are typically measured from the legal
boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that
comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way
easement line.
Zoning
district
Minimum
Front Yard
(feet)
Minimum Side Yard (feet) Minimum Rear Yard (feet) Public School
Requirements
MH 1
25
Waterfront
10
Non-waterfront
7.5
10
x
1 MH District - additional yard requirements: side yard setback from a public road that is external to the
boundary of the park = 50 ft.; the minimum setback on any side from the exterior boundary of the park = 15
ft.
9.B.a
Packet Pg. 105 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit B - Background Information for the Plantation
Island Overlay (PIO) District - Current Code References
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Design Standards for Development in the ST and ACSC-ST Districts
(LDC Section 4.02.14)
A. All development orders issued within the Big Cypress Area of Critical State Concern Special Treatment Overlay
(ACSC-ST) shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the
Big Cypress Area of Critical State Concern, except as provided by Agreement pursuant to Chapter 380.032(3),
F.S.
B. All development orders issued for projects within the ACSC-ST shall be transmitted to the State of Florida,
Department of Economic Opportunity, for review with the potential for appeal to the administration commission
pursuant to Florida Administrative Code, development order Requirements for Areas of Critical State Concern.
C. Site alteration within the ACSC-ST.
1. Site alteration shall be limited to ten (10) percent of the total site size, and installation of nonpermeable
surfaces shall not exceed fifty (50) percent of any such area. However, a minimum of 2,500 square feet may
be altered on any permitted site.
2. Any nonpermeable surface greater than 20,000 square feet shall provide for release of surface runoff,
collected or uncollected, in a manner approximating the natural surface water flow regime of the area.
3. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent
structures or system maintained in order to retain runoff and siltation on the construction site. Restoration of
vegetation to site alteration areas shall be substantially completed within 180 days following completion of
a development. Revegetation shall be accomplished with preexisting species except that undesirable exotic
species shall not be replanted or propagated. Undesirable exotic species included are those enumerated in
LDC section 3.05.08 of this code and the following:
a. Bishopwood (Bischofia javanica);
b. Castor bean (Ricinus communis);
c. Common papaya (Carica papaya);
d. Common snakeplant (Sanseviera trifasciata);
e. Day jessamine (Cestrum diurnum);
f. Hunters robe (Raphidophora aurea);
g. Queensland umbrella tree (Schefflera actinophylla);
h. Trailing wedelia (Wedelia trilobata).
4. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically
protected by this regulation include:
a. Red mangrove (Rhizophora mangle);
b. Black mangrove (Avicennia nitida);
c. White mangrove (Laguncularia racemosa);
d. Needlerush (Juncus roemerianus);
e. Salt cordgrasses (Spartina alterniflora, S. patens, S. cynosuroides, S. spartinae);
f. Seashore saltgrass (Distichlis spicata).
5. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface
water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of
comparable size. Dredge or borrow ponds shall provide for the release of stormwaters as sheet flow from
the downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide
for the passage of water in a manner approximating the natural flow regime and designed to accommodate
the fifty (50)-year storm. Fill areas and related ponds shall not substantially retain or divert the tidal flow in
or to a slough or strand or significantly impede tidal action in any portion of the estuarine zone.
6. Manmade lakes, ponds, or other containment works shall be constructed with a maximum slope of thirty (30)
degrees to a depth of six (6) feet of water. When mineral extraction is completed in new quarrying lakes,
shoreline sloping, planting of littoral shelves with nursery-grown aquatic vegetation, restoration or
revegetation of the property, and disposal of spoils or tailings shall be completed before abandonment of
the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries
9.B.a
Packet Pg. 106 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit B - Background Information for the Plantation
Island Overlay (PIO) District - Current Code References
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out an activity defined in § 380.04, F.S. as amended, as development or applies for a development permit
as defined in § 380.031, F.S. as amended, to develop any existing quarrying lake area, these regulations
shall apply.
7. Finger canals shall not be constructed in the ACSC-ST area.
8. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for
the conversion of land to agricultural use.
9. Drainage.
a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either
directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in
capacity or length except in conformance with subsection 4.02.14 C.9.b. immediately following;
however, modifications may be made to existing facilities that will raise the groundwater table or limit
saltwater intrusion.
b. New drainage facilities shall release water in a manner approximating the natural local surface flow
regime, through a spreader pond or performance equivalent structure or system, either on-site or to a
natural retention or filtration and flow area. New drainage facilities shall also maintain a groundwater
level sufficient to protect wetland vegetation through the use of weirs or performance equivalent
structures or system. Said facilities shall not retain, divert, or otherwise block or channel the naturally
occurring flows in a strand, slough or estuarine area.
c. New drainage facilities shall not discharge water into any coastal waters whether directly or through
existing drainage facilities.
d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural
purposes or to convert land to such use.
10. Transportation.
a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide
for the reestablishment of sheet flow through the use of interceptor spreader systems or performance
equivalent structures and shall provide for the passage of stream, strand, or slough waters through the
use of bridges, culverts, piling construction, or performance-equivalent structures or systems.
b. Transportation facilities shall be constructed parallel to the local surface flow, and shall maintain a
historic ground level sufficient to protect wetland vegetation through the use of weirs or performance-
equivalent structures or systems and as feasible, the flows in such works shall be released to natural
retention filtration and flows areas.
c. Transportation facility construction sites shall provide for siltation and runoff control through the use of
settling ponds, soil fixing, or performance-equivalent structures or systems.
11. Structure installation.
a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water
flow or tidal action.
b. Minimum low floor elevation permitted for structures shall be at or above the 100-year flood level, as
established by the administrator of the federal flood Insurance Administration. The construction of any
structure shall meet additional federal flood insurance land management and use criteria.
c. This rule shall not apply to structures used or intended for use in connection with the agricultural use of
the land.
9.B.a
Packet Pg. 107 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit B - Background Information for the Plantation
Island Overlay (PIO) District - Current Code References
15
L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx
N/A to
Plantation
Island per
4.02.14.D
Special
conditions
applicable
to
Plantation
Island
N/A to
Plantation
Island per
4.02.14.D
D. Port of the Islands, Copeland, and Plantation Island. Port of the Islands, Copeland, and Plantation Island are
developments located within the Urban Designated Area, but are also located within the Big Cypress Area of
Critical State Concern. A portion of the Port of the Islands development was determined "vested" by the State of
Florida, thus exempting it from the requirements of ch. 380, F.S. There is an existing development agreement
between Port of the Islands, Inc., and the State of Florida, Department of Community Affairs, dated July 2, 1985,
which regulates land uses at Port of the Islands. Development within Port of the Islands shall be regulated by the
development agreement and the residential density and commercial intensities shall not exceed that permitted
under zoning at time of adoption of the GMP. Development within the Urban Designated Areas of Copeland
and Plantation Island shall be reviewed and approved administratively by the County Manager or
designee for compliance with Area of Critical State Concern regulations. Development within the Urban
Designated Areas of Copeland and Plantation Island shall not be required to go through the process of
filing a petition for site alteration or site development plan approval, pursuant to 4.02.14 G, and not be
required to follow the procedures for site alteration plan or site development plan approval pursuant to
4.02.14 E, 4.02.14 F.2 and 4.02.14 F.3. This does not exempt development orders required pursuant to
Chapter 10 of the Code. There is also an agreement for Plantation Island, between the Board of County
Commissioners and the Department of Community Affairs, to allow site alteration, including dredging and
filling of up to 2,500 square feet, regardless of the predevelopment vegetation. This Agreement is
recorded in the Official Records, Book 3788, Page 3788, in the public records of Collier County.
E. Site alteration plan or site development plan approval required. Prior to the clearing, alteration, or development of
any land designated ST or ACSC-ST, property owners or their legally designated agent shall apply for and receive
approval of a site alteration plan or site development plan, as the case may be, by the BCC as provided in 4.02.14
F (below).
F. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST
designated land.
1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or
ACSC-ST land, the petitioner shall request and hold a preapplication conference with the County Manager
or designee. The preapplication conference is for the purpose of guidance and information, and for ensuring
insofar as is possible, that the petition is in conformity with these regulations.
2. Review and recommendation by the County Manager or designee, Planning Commission and Environmental
Advisory Council. The site alteration plan or site development plan shall be submitted to the County Manager
or designee who shall have it reviewed by the appropriate county staff. The County Manager or designee
shall then forward the site alteration plan or site development plan and the county staff recommendations to
the Planning Commission (CCPC) and the Environmental Advisory Council (EAC) for review and
recommendation. Hearings before the CCPC and EAC are not required to be legally advertised and not
required to provide notice to abutting property owners, but shall be held in a regular meeting.
Recommendations from the CCPC, EAC and staff shall be forwarded to the BCC for final action.
3. Final action by Board of County Commissioners (BCC). Final action on the site alteration plan or site
development plan lies with the BCC. The BCC shall review the proposed site alteration plan or site
development plan in a regular meeting and shall act formally by resolution stipulating reasons for approval,
or approval with modification, or denial of the site alteration plan or development plan.
4. Other permits required. The petitioner may at any time during the county review process apply for the
appropriate local, state and federal permits for the alteration or development of the subject property.
5. Commencement of site alteration or site development. Upon obtaining all required local, state and federal
permits in order to alter or develop the subject property, the petitioner may commence alteration or
development in accordance with the conditions and requirements of said permits.
G. Submission requirements for site alteration plan or site development plan approval for development in ST or
ACSC-ST designated land. The following shall be submitted in a petition for site alteration or site development
approval of ST or ACSC-ST land, where applicable:
1. Submission requirements pursuant to 10.02.00 and 10.08.00, as applicable.
2. Locations for beach access as required the Beach Access Ordinance No. 76-20 [Code ch. 146, art. III] or its
successor in function.
3. Document that the project is consistent with 3.03.00 and the Objectives and Policies in Goal 10 of the
Conservation and Coastal Management Element of the GMP.
N/A to
Plantation
Island per
4.02.14.D
9.B.a
Packet Pg. 108 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
Exhibit B - Background Information for the Plantation
Island Overlay (PIO) District - Current Code References
16
L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx
H. Exceptions from public hearing requirements. The County Manager or designee may administratively approve a
site alteration plan or site development plan for land designated ST or ACSC-ST without the public hearing
otherwise required by this section if:
1. The area of the proposed alteration or development is five (5) acres or less in gross area; there are no transfer
of development rights involved, and the following conditions, where applicable, exist:
a. The proposed site alteration or site development will occur on land that was lawfully cleared and no
more than ten percent of the cleared lands have re-grown with native vegetation.
b. Where the proposed alteration or development involves a single-family principal structure or the
renovation or replacement of a single-family structure and the proposed site alteration or site
development plan will not require any significant modification of topography, drainage, flora, or fauna
on the site. "Significant modification" shall mean modification greater than 15 percent of the site.
c. No pollutants will be discharged from the area that will further degrade the air, water or soil.
d. Water management berms and structures proposed for the protection and/or enhancement of the ST
areas will meet the minimum dimensions permitted by the South Florida Water Management District.
2. Temporary site alteration for oil and gas geophysical surveys and testing. "Temporary site" alteration shall
mean only those alterations involving and cutting of vegetation for surveys and equipment entry, drill shot
holes not exceeding six inches in diameter and rutting associated with vehicle access. Trimming of
vegetation for access routes shall be kept to the minimum width necessary for surveying and testing. The
site shall be restored as required by federal, state and county permits within 90 days of the start of the
project.
3. A conditional use has been approved.
4. Site alteration or site development around existing communication towers to expand or construct accessory
structures associated with an already existing tower, not to exceed five acres.
5. All other site alteration or site development plan approvals of any size shall be as required to comply with the
provisions in 4.02.14 D, E and F, as applicable.
I. Exemptions. The following activities shall be exempt from the requirements of 4.02.14 E and F.
1. Removal and control of exotic vegetation as defined in Chapter 3 of this Code.
2. Prescribed fires and associated firebreaks as approved by the Florida Department of Forestry.
3. Removal of non-native vegetation pursuant to Chapter 3 of this Code.
(Ord. No. 06-07, § 3.G; Ord. No. 12-38, § 3.I; Ord. No. 18-18, § 3.K)
9.B.a
Packet Pg. 109 Attachment: 2.03.07 Plantation Island Overlay 03-06-19 (8629 : Plantation Island Overlay)
9.B.b
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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 CREATE THE PLANTATION ISLAND
OVERLAY WHICH WILL ALLOW SINGLE FAMILY DETACHED
DWELLING UNITS AS PERMITTED USES IN ADDITION TO THE USES
PERMITTED BY THE UNDERLYING ZONING 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 2.03.07
OVERLAY ZONING DISTRICTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20180003429]
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.B.c
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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.B.c
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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.B.c
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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: AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.07 – Overlay Zoning Districts
* * * * * * * * * * * * *
Q. Plantation Island Overlay (PIO).
1. Purpose. The purpose of the Plantation Island Overlay (PIO) is to provide for
additional permitted uses within the geographic area known as Plantation Island.
The PIO allows single-family dwellings as permitted uses in addition to the uses
allowed by the underlying zoning.
2. Applicability. The PIO boundary is delineated on the map below. Unless
specified otherwise in this section, the development standards shall be per the
underlying zoning district and applicable standards of the Area of Critical State
Concern-Special Treatment (ACSC-ST) overlay district.
9.B.c
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9.B.c
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3. Permitted Uses.
a. All principal and accessory uses permitted by right in the underlying
zoning district as identified in LDC section 2.03.02.
b. Single family dwellings.
4. Area of Critical State Concern (ACSC). Nothing herein shall exempt any land use
from complying with the applicable design standards and requirements of the
Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district per
LDC section 4.02.14.
5. Floodplain Protection. Nothing herein shall exempt any land use from complying
with the applicable Floodplain Protection standards under LDC section 3.02.00.
* * * * * * * * * * * * *
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
9.B.c
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renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
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/____ (3/18/19)
18-LDS-00062
9.B.c
Packet Pg. 117 Attachment: draft LDC ordinance - Plantation Island overlay - 3.18.19 (8629 : Plantation Island Overlay)