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Agenda 06/11/2019 Item #17D (Plantation Island Overlay)06/11/2019 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 of County Commissioners (Board) approval of a proposed Land Development Code (LDC) Amendment to create a new zoning overlay district to allow si ngle-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, which 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. LDC Section 10.03.06 K requires two hearings for this item. The first hearing for this item was held on May 14, 2019. This is the second required hearing. 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 17.D Packet Pg. 1747 06/11/2019 recommended staff to prepare language to allow a six-month extension for RV’s beyond the one year that can be done administratively, while the house is being built. 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) 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, Director, Zoning Division ATTACHMENT(S) 1. 2.03.07.Plantation Island Overay (PDF) 2. AD-NDN-Plantation-Island (PDF) 3. draft LDC ordinance - Plantation Island overlay - 3.18.19 (PDF) 4. Legal Ad - Agenda ID 9010 (PDF) 17.D Packet Pg. 1748 06/11/2019 COLLIER COUNTY Board of County Commissioners Item Number: 17.D Doc ID: 9010 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: 06/11/2019 Prepared by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 05/16/2019 9:30 AM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 05/16/2019 9:30 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 05/16/2019 4:35 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 05/22/2019 1:54 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/23/2019 10:56 AM Growth Management Department James C French Deputy Department Head Review Completed 05/24/2019 10:37 AM County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 05/28/2019 11:45 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/29/2019 8:02 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/31/2019 3:03 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 05/31/2019 3:06 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/02/2019 11:46 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/11/2019 9:00 AM 17.D Packet Pg. 1749 1 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx 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 17.D.1 Packet Pg. 1750 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx 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 17.D.1 Packet Pg. 1751 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx 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 17.D.1 Packet Pg. 1752 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit A – Amended Zoning Atlas Maps 4 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx MAP TO BE REMOVED 17.D.1 Packet Pg. 1753 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit A – Amended Zoning Atlas Maps 5 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx MAP TO BE ADDED 17.D.1 Packet Pg. 1754 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit A – Amended Zoning Atlas Maps 6 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx MAP TO BE REMOVED 17.D.1 Packet Pg. 1755 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit A – Amended Zoning Atlas Maps 7 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx MAP TO BE ADDED 17.D.1 Packet Pg. 1756 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 8 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx 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) 17.D.1 Packet Pg. 1757 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 9 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx 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 17.D.1 Packet Pg. 1758 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 10 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx 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 17.D.1 Packet Pg. 1759 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 11 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx 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) 17.D.1 Packet Pg. 1760 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 12 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx 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. 17.D.1 Packet Pg. 1761 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 13 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx 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 17.D.1 Packet Pg. 1762 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 14 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 03-06-19.docx 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. 17.D.1 Packet Pg. 1763 Attachment: 2.03.07.Plantation Island Overay (9010 : 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 17.D.1 Packet Pg. 1764 Attachment: 2.03.07.Plantation Island Overay (9010 : 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) 17.D.1 Packet Pg. 1765 Attachment: 2.03.07.Plantation Island Overay (9010 : Plantation Island Overlay) 17.D.2 Packet Pg. 1766 Attachment: AD-NDN-Plantation-Island (9010 : Plantation Island Overlay) DRAFT 3/18/19 Page 1 of 7 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 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 17.D.3 Packet Pg. 1767 Attachment: draft LDC ordinance - Plantation Island overlay - 3.18.19 (9010 : Plantation Island Overlay) DRAFT 3/18/19 Page 2 of 7 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 17.D.3 Packet Pg. 1768 Attachment: draft LDC ordinance - Plantation Island overlay - 3.18.19 (9010 : Plantation Island Overlay) DRAFT 3/18/19 Page 3 of 7 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, 17.D.3 Packet Pg. 1769 Attachment: draft LDC ordinance - Plantation Island overlay - 3.18.19 (9010 : Plantation Island Overlay) DRAFT 3/18/19 Page 4 of 7 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: 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. 17.D.3 Packet Pg. 1770 Attachment: draft LDC ordinance - Plantation Island overlay - 3.18.19 (9010 : Plantation Island Overlay) DRAFT 3/18/19 Page 5 of 7 Words struck through are deleted, words underlined are added 17.D.3 Packet Pg. 1771 Attachment: draft LDC ordinance - Plantation Island overlay - 3.18.19 (9010 : Plantation Island Overlay) DRAFT 3/18/19 Page 6 of 7 Words struck through are deleted, words underlined are added 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 17.D.3 Packet Pg. 1772 Attachment: draft LDC ordinance - Plantation Island overlay - 3.18.19 (9010 : Plantation Island Overlay) DRAFT 3/18/19 Page 7 of 7 Words struck through are deleted, words underlined are added 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 17.D.3 Packet Pg. 1773 Attachment: draft LDC ordinance - Plantation Island overlay - 3.18.19 (9010 : Plantation Island Overlay) 17.D.4 Packet Pg. 1774 Attachment: Legal Ad - Agenda ID 9010 (9010 : Plantation Island Overlay) 1 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx 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 06/11/2019 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 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx 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 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx 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 Exhibit A – Amended Zoning Atlas Maps 4 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx MAP TO BE REMOVED Exhibit A – Amended Zoning Atlas Maps 5 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx MAP TO BE ADDED Exhibit A – Amended Zoning Atlas Maps 6 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx MAP TO BE REMOVED Exhibit A – Amended Zoning Atlas Maps 7 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx MAP TO BE ADDED Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 8 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx 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) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 9 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx 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 Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 10 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx 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 Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 11 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx 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) Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 12 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx 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. Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 13 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx 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, Bou ndary 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 da ys 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 Exhibit B - Background Information for the Plantation Island Overlay (PIO) District - Current Code References 14 L:\LDC Amendments\Current Work\Plantation Island Overlay (PL20180003429)\2.03.07 Plantation Island Overlay 05-15-19.docx 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 regulatio ns 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 thro ugh 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. 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 05-15-19.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 th e 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 a nd 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 c ounty 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 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 05-15-19.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)