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DSAC Agenda 08/07/2019August 7, 2019 3:00 PM 2800 N. Horseshoe Drive Growth Management Department If you have any questions or wish to meet with staff, please contact Judy Puig at 252-2370 DSAC Meeting Page 1 of 1 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA August 7, 2019 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a “Speaker Request Form,” list the topic they wish to address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order – Chairman II. Approval of Agenda III. Approval of Minutes from June 5, 2019 IV. Approval of DSAC/LDR Subcommittee minutes from June 18, 2019 (Only committee members Clay Brooker, Blair Foley, Robert Mulhere, and Jeff Curl are to vote on this) V. Public Speakers VI. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] B. Public Utilities Department update – [Eric Fey or designee] C. Growth Management Department Transportation Engineering Division & Planning Division updates – [Jay Ahmad or designee] D. Collier County Fire Review update – [Shar Beddow or Shawn Hanson] E. North Collier Fire Review update – [Capt. Sean Lintz or Daniel Zunzunegui] F. Operations & Regulatory Mgmt. Division update – [Ken Kovensky] G. Development Review Division update – [Matt McLean] VII. New Business A. LDC Amendments [Jeremy Frantz] B. Electronic Permitting submittal [Jonathan Walsh] VIII. Old Business IX. Committee Member Comments X. Adjourn Next Meeting Dates: September 4, 2019 GMD conference Room 610 – 3:00 pm October 2, 2019 GMD conference Room 610 – 3:00 pm November 6, 2019 GMD conference Room 610 – 3:00 pm December 4, 2019 GMD conference Room 610 – 3:00 pm June 5, 2019 1 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, June 5, 2019 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker (Excused) Chris Mitchell Robert Mulhere Mario Valle (Excused) Norman Gentry Marco Espinar (Excused) Laura Spurgeon DeJohn (Excused) Jeremy Sterk Jeff Curl John English (Excused) Mark McLean ALSO PRESENT: Judy Puig, Operations Analyst, Staff Liaison Eric Fey, Sr. Project Manager, Public Utilities Mike Ossorio, Director, Code Enforcement Division Jay Ahmad, Director, Transportation Engineering Matt McLean, Director, Development Review Rich Long, Director, Plans Review and Inspections Ken Kovensky, Director, Operations and Regulatory Management Amy Patterson, Capital Project Planning, Impact Fees & Program Management Robert Moore, Architect, Residential Plans Reviewer Joe Bellone, Director, Operations Support Division June 5, 2019 2 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:00 p.m. II. Approval of Agenda Mr. Dunnavant moved to approve the Agenda. Second by Mr. Curl. Carried unanimously 10 - 0. III. Approval of Minutes from May 1, 2019 Meeting Mr. Mulhere moved to approve the minutes of the May 1, 2019 meeting as presented. Second by Mr. Curl. Carried unanimously 10 - 0. IV. Public Speakers None V. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] Mr. Ossorio provided the “Code Enforcement Division Monthly Report April 22, – May 21, 2019 Highlights” report for informational purposes noting:  That cleanups were held in the area of East Naples School and Golden Gate City.  The Board of County Commissioners directed Staff to enforce County Ordinance requirements for noise, parking, trash, etc. for short term vacation rentals.  A ride along was held with Commissioner Taylor in the Bayshore area.  The Division is coordinating with the Immokalee Jail Center for trash pickup. B. Public Utilities Division update – [Tom Chmelik or designee] Mr. Fey submitted the monthly report on response time for “Letters of Availability, Utility Deviations and FDEP Permits” for informational purposes. He noted:  That response times for requests are currently at a below average rate.  A Utility Standards Internal Coordination meeting will be held on June 24th and any changes developed will be brought before the DSAC for review.  Information on Florida Sunshine utility location will be included in next month’s packet for informational purposes. C. Growth Management Department/Transportation Engineering and/or Planning – [Jay Ahmad or designee] Mr. Ahmad reported the following:  Golden Gate Blvd. – Design Build Phase 2 - widening the roadway from two to four lanes from west of 20th Street to east of Everglades Boulevard, construction of a bridge over Miller Canal to the Faka Union Canal with drainage improvements.  Vanderbilt Beach Road Ext. – Public meeting held on May 22nd, widening to 6 lanes from Collier Blvd. to Wilson Blvd, 4 lanes from Wilson Blvd. to 16th St. NE; initially 4 lanes and 2 lanes to be constructed respectively with construction slated for January 2020.  Airport Road/Davis Blvd. – right turn lane improvements.  Pine Ridge Road/Logan Blvd. – acceleration lane improvements. June 5, 2019 3 D. County Fire Review update – [Shar Beddow and/or Shawn Hanson] None E. North Naples Fire Review update – [Capt. Sean Lintz or Daniel Zunzunegui] Mr. Zunzunegui reported that turnaround times are as follows: Building Plan review – 616 plans at 6 days; Site Plan reviews – 46 at 4 days; Inspections – 1 to 2 days. Capt. Lintz reported that a workshop was held for Fire Alarm 61G plan reviews and the information has been posted on the Department’s website. F. Operations & Regulatory Mgmt. Division update [Ken Kovensky] Mr. Kovensky submitted the “Collier County May 2019 Monthly Statistics” which outlined the building plan and land development review activities. The following was noted during his report:  That 5,000 permit applications in May with inspections at a rate of over 24,000.  Electronic permitting submittal at 54 percent with 11 percent of all permit applications related to Hurricane Irma.  That at their 5/28 meeting, the BCC approved Staff’s request for additional employees and changes to the fee schedule (effective 10/1/19).  The process to implement credit card payments continues.  Staff has developed brochures titled “Public Portal” and “Inspections” to help educate those interested parties in the community on the subject matter. G. Development Review Division update [Matt McLean] Mr. McLean reported:  That utility and site acceptance requests may be processed simultaneously.  That Series 800 inspections may occur individually or all at one time.  That exotics clearing may be undertaken mechanically if a permit is obtained.  The Division continues to take measures to address staffing levels.  The volume of subdivision permit applications has leveled off but remains at a high rate. New Business A. Florida Product approval NOA Index Sheet [Rich Long] Mr. Long and Mr. Moore provided the documents “How to Submit FL Product Approvals & Miami-Dade NOAs Index Sheet” and a sample “Florida Product Approval/Miami-Dade NOA – Index Sheet” for informational purposes. They noted that the process for product approval remains the same, however, staff has developed new index sheets to streamline the process in an attempt to reduce the potential for rejections. B. Establishment of Impact Fee Subcommittee [Amy Patterson] Ms. Patterson and Mr. Bellone addressed the Committee on the following:  That a request to appoint members to a subcommittee to review proposed changes in the Impact Fee schedule. The review is anticipated to commence in August and it would be beneficial to obtain input on the rates from a subcommittee.  That their recommendations on the annual price indexes for government buildings, law enforcement, libraries and EMS not be implemented at this time given the upcoming rate study and are looking for endorsement of the proposal. June 5, 2019 4 The Committee appointed Mr. Foley, Mr. Mulhere, Mr. Valle and Mr. Brooker to the Subcommittee. Mr. Mulhere moved to accept the report presented by Staff and the recommendation to forego any price index increases at this time as a restudy of the rates is pending. Second by Mr. Mitchell. Carried unanimously 10 – 0. Ms. Patterson reported that consideration is being given to increasing the rate review timeframe from 3 – 5 years (except for water and sewer) given the costs and logistics associated with undertaking the study. There would still be an opportunity to address the rates in times of economic fluctuations or other emergency situations. VI. Old Business None VII. Committee Member Comments A. Discuss the July 3rd meeting (schedule or cancel) The Committee agreed to cancel the July 3, 2019 meeting. VIII. Adjourn Next Meeting Dates August 7, 2019 GMD Conference Room 610 – 3:00 p.m. September 4, 2019 GMD Conference Room 610 – 3:00 p.m. October 2, 2019 GMD Conference Room 610 – 3:00 p.m. November 6, 2019 GMD Conference Room 610 – 3:00 p.m. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3:55 P.M. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE ______________________________________ Chairman, William Varian These Minutes were approved by the Board/Chairman on ______________________________________, as presented _______, or as amended ________. June 18, 2019 1 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW SUBCOMMITTEE Naples, Florida, June 18, 2019 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee – Land Development Review Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 2:00 PM in a REGULAR SESSION at the Growth Management Department Building, Room 609/610 2800 N. Horseshoe Drive, Naples, FL with the following persons present: Chairman: Clay Brooker Blair Foley (Excused) Robert Mulhere Jeff Curl ALSO PRESENT: Jeremy Frantz, LDC Manager Ellen Summers, Senior Planner Richard Henderlong, Principal Planner Eric Johnson, Principal Planner Jack McKenna, County Engineer June 18, 2019 2 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Division – Planning and Regulation building at 239- 252-2400. 1. Call to order Mr. Brooker called the meeting to order at 2:00 p.m. 2. Changes to Agenda Mr. Curl moved to approve the Agenda. Second by Mr. Mulhere. Carried unanimously 3 – 0. 3. Previously Reviewed LDC Amendments a. Comparable Use Determination LDC Sections to be Amended: 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses 10.02.06: Requirements for Permits 10.03.06: Public Notice and Required Hearings for Land Use Petitions The amendment revises and clarifies the procedures and approval process for Comparable Use Determinations. Ms. Summers presented the proposed amendment noting that it was previously reviewed by the Subcommittee who requested staff clarify some items. The Amendment has been revised since the meeting package was delivered to the Subcommittee by enumerating the criteria outlined in Section.10.02.06 K.2.. Discussion occurred on the following items:  Section 10.02.06 K.2.a – Clarification on whether each specific criteria had to be met for the approval or there is some flexibility for the case by case determinations – Staff reported the intent is for the application to meet all criteria listed however the language does use the terminology “The proposed use possesses similar characteristics…” providing some built in flexibility for some criteria such as the number of parking spaces, volume of traffic, etc.  Section 10.02.06 K.2 - Consideration should be given allowing the Hearing Examiner to make the determination as currently exists in the process instead of the BCC as proposed. Staff noted it is a recommendation by the County Attorney’s office.  How the requirements will be applied to PUD’s - Staff noted the current process is for the item to be heard by the Board of Appeals.  Section 10.02.06 K.2 – Suggested not to include reference to the Standard Industrial Classification Manual. Mr. Mulhere moved for the Development Services Advisory Committee to recommend that the Board of County Commissioners approve the proposed amendment as presented subject to: 1. The determination for the comparable use remains with the Hearing Examiner and appealable to the BCC. 2. Section 10.02.06 K.2.a - The language be amended to provide flexibility in application of the criteria, i.e. “…characteristics may include but not be limited to:” Second by Mr. Curl. Carried unanimously 3 – 0. 4. New LDC Amendments a. Communication Tower Inspections review and obtain a final recommendation June 18, 2019 3 The Land Development Code Amendment (LDCA) changes the required time between inspections for guyed and self-supporting towers. Mr. Johnson and Mr. McKenna presented the proposed amendment. LDC Sections to be Amended: 5.05.09 Communication Towers The proposal would require all guyed towers, including old towers, exceeding 185 feet in height to be inspected every 3 years (currently 2 years), and self-supporting towers every 5 years (currently 4 years). Mr. Johnson reported that the South Florida Water Management District requested that the County consider changing the inspection requirements for towers. Tower inspections typically follow industry guidelines and the amendment will make Collier County’s standards consistent with industry standards. Monopoles are deemed self-supporting towers; under the requirements and the inspection timeline for these would be reduced from every 7 years to 5 years. Mr. Mulhere moved for the Development Services Advisory Committee to recommend that the Board of County Commissioners approve the proposed amendment as presented by staff. Second by Mr. Curl. Carried unanimously 3 – 0. b. Commercial Building Illumination The amendment includes several changes to lighting standards related to commercial development limiting certain types of lighting that may be distracting or out of character with the surrounding community. LDC Sections to be Amended: 1.08.02 Definitions 5.05.08 Architectural and Site Design Standards 5.05.11 Carwashes Abutting Residential Zoning Districts Discussion occurred on the following:  Section 5.05.08 F.7.d.i - Consideration to be given establishing a timeline for allowable color changes of lights, as some features change over a long period of time which are not obtrusive to the passerby. The timeline may be applied to other sections as necessary.  Section 5.05.08 F.7.d.i - Consider applying the requirements to “architectural features” in addition to windows or walls given cupolas, doors, etc. may all be an issue in certain circumstances.  Concern the requirements may conflict with corporate branded signage or logos – Staff noted that the requirements are intended for building treatments, not signage.  Section 5.05.08 F.7.d.i – Consider limiting the number of colors allowed to be utilized in a specific application.  Section 5.05.11 J - Remove the reference to car washes and institute the requirements for any business equipment; consider regulating only those equipment lights if they are visible from a public road or adjacent residentially zoned district.  Staff reported the standards are intended to be applied retroactively and the Subcommittee noted it may be beneficial to “grandfather” the lighting requirements applicable in the proposed amendment for existing buildings. Mr. Curl moved for the Development Services Advisory Committee to recommend that the Board of County Commissioners approve the proposed amendment as presented by staff subject to the following revisions: June 18, 2019 4 1. Section 5.05.08 F.7.d.i - reference “Architectural features” as opposed to walls and windows. 2. Section 5.05.11 J - The requirements be applied to lights visible from a public right-of-way or adjacent single-family residential districts. 3. That color changes of lights be permitted if they occur over a longer term or specified timeline. 4. That the amendment be applied to new permit applications only. 5. Change the language in 5.05.11 J to reference “equipment,” rather than “car wash equipment.” Second by Mr. Mulhere. Carried unanimously 3 – 0. 5. Conclude Review of Administrative Code Amendments a. Changes to Previously Reviewed Chapters 2 – 4 2019 Administrative Code Update – Changes to Previously Reviewed Chapters Chapter 4 H. - Sign Permit – Additional Requirements for Wall Signs ‐ Clarify the language for the site plan requirements for the location of the signs. Chapter 4 I.2. – Site Development Plan – Application Contents – Concern licensed landscape architects are not allowed to design and submit lighting plans - Staff reported the language is in the Land Development Code would need to be amended before it may be incorporated into the Administrative Code. Mr. Mulhere moved for the Development Services Advisory Committee to recommend that the Board of County Commissioners approve the proposed changes as presented and further recommends that staff pursue a Land Development Code amendment to broaden those parties allowed to design and submit lighting plans as provided in the Florida Statute. Second by Mr. Curl. Carried unanimously 3 – 0. b. Changes to Chapters 6 – 14 Discussion occurred on the feasibility of Staff building flexibility into the Sections to allow changes in acronyms, web site links and Statutory references without invoking the process to amend the Code - Staff reported that acronyms and web site links would be acceptable, however expressed concern over altering statutory references outside of the normal amendment process. Mr. Mulhere moved for the Development Services Advisory Committee to recommend that the Board of County Commissioners approve the proposed changes as presented by staff, and subject to staff revising the language to provide flexibility in future changes in the document for web site links and acronyms. Second by Mr. Curl. Carried unanimously 3 – 0. c. LDC Amendments related to Administrative Code Changes i. SRA Applications The amendment facilitates the creation of a new Administrative Code Section for Stewardship Receiving Area (SRA) petitions, by adding procedural requirements to the Administrative Code. There are no substantive changes intended as a part of this amendment. LDC Section to be Amended: 4.08.07 SRA Designation June 18, 2019 5 Section 4.08.07 E.3 - Discussion occurred with the Subcommittee expressing concern on removing the timelines for the application being deemed sufficient for review and recommended it remain included in the LDC. Mr. Mulhere moved for the Development Services Advisory Committee to recommend the Board of County Commissioners approve the proposed amendment as presented by Staff subject to referencing the language for the application’s timeframe should remain in the Land Development Code. Second by Mr. Curl. Carried unanimously 3 – 0. ii. Nominal Application Process The amendment codifies the Nominal Application Process (NAP), a more streamlined review of limited, minor changes to approved SDPs and SIPs, or to sites without an existing SDP or SIP. LDC Sections to be Amended: 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof Section 10.02.03 G.3.b.ii - The Subcommittee noted it would be beneficial to reference landscaping requirements. Mr. Mulhere moved for the Development Services Advisory Committee to recommend that the Board of County Commissioners approve the proposed amendment as presented, subject to staff clarifying the language in Section 10.02.03 G.3.b.ii for generators to reference landscape buffer requirements. Second by Mr. Curl. Carried unanimously 3 – 0. iii. Public Notice The amendment clarifies the method of public notice for several petition types that require a public hearing. LDC Section to be Amended: 10.03.06 Public Notice and Required Hearings for Land Use Petitions Section 10.03.06 E.2.b - The Subcommittee recommended Staff clarify the language. Mr. Curl moved for the Development Services Advisory Committee to recommend the Board of County Commissioners approve the proposed amendment as presented by Staff subject to clarifying the language in Section 10.03.06 E.2.b. Second by Mr. Mulhere. Carried unanimously 3 – 0. 5. Public comments None June 18, 2019 6 There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3:55 P.M. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE - LAND DEVELOPMENT REVIEW SUBCOMMITTEE _________________________________________________ These Minutes were approved by the Committee on ________________________________________, as presented ____________________, or as amended ____________________. May 22, 2019 – June 21, 2019 Code Cases by Category This report reflects monthly data from May 22, 2019 – June 21, 2019 Code Enforcement Division Monthly Report May 22, 2019 – June 21, 2019 Highlights • Cases opened: 776 • Cases closed due to voluntary compliance: 434 • Property inspections: 781 • Lien searches requested: 1115 Trends 0 100 200 300 400 500 600 700 800 900 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 510 619 772 668 806 642 654 730 746 691 822 776 Cases Opened Per Month 0 500 1000 1500 2000 2500 3000 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 2417 2760 2849 2630 2999 2683 2048 2861 2768 2587 2879 2868 Code Inspections per Month May 22, 2019 – June 21, 2019 Code Cases by Category This report reflects monthly data from May 22, 2019 – June 21, 2019 0 1000 2000 3000 4000 5000 6000 2018 2019 2204 1788 5423 2653 Origin of Case 0 100 200 300 400 500 600 Bayshore Immokalee 54 54 352 575 CRA Case Opened Monthly May 22, 2019 – June 21, 2019 Code Cases by Category This report reflects monthly data from May 22, 2019 – June 21, 2019 Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 0%Accessory Use 2%Land Use 7% Noise 2% Nuisance Abatement 23% Occupational Licensing 1% Parking Enforcement 3%Property Maintenance 9% Right of Way 4% Signs 2% Site Development 8% Temp Land Use 1% Vehicles 33% Vegetation Requirements 4% April 22, 2019 – May 21, 2019 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Accessory Use 2% Animals 1%Commercial 0%Land Use 11% Noise 1% Nuisance Abatement 26% Occupational Licensing…Parking Enforcement 2%Property Maintenance 11% Right of Way 4% Signs 2% Site Development 11% Temporary Land Use 0% Vegetation Requirements 3% 0% Vehicles 25% March 21, 2019 – April 21, 2019 Code Cases by Category This report reflects monthly data from May 22, 2019 – June 21, 2019 Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Accessory Use 2%Animals 2%Commercial 0%Land Use 10% Noise 2% Nuisance Abatement 23% Occupational Licensing 1%Parking Enforcement 4%Property Maintenance 11%Right of Way 3% Signs 3% Site Development 16% Temporary Land Use 0% Vegetation Requirements 2% Vehicles 20% June 22,201,9 - July 21,,2019 Code Cases by Category Code Enforcement Division Monthly Report June 22,2OL9 - July 2L,2OL9 Highlights o Cases opened: o Cases closed due to voluntary compliance: o Property inspections: o Lien searches requested: Trends 796 425 2681, 939 Cases Opened Per Month 900 800 700 600 500 400 300 200 100 U 3OOO 2760 2849 2s00 2000 1500 L000 ections per 286t 2879 2868 806 668 730 746 691 748 619 654 Aug-18 Sep-18 Oct-18 Nov-L8 Dec-l-8 Jan-19 Feb-19 Mar-19 Apr-L9 May-19 iun-19 Jul-19 822772 2630 Code I 2999 nsp 2683 Month 2768 26812587 2048 Aug-18 Sep-18 Oct-18 Nov-L8 Dec-18 Jan-19 Feb-19 Mar-19 Apr-L9 May-19 Jun-19 Jul-1,9 500 0 This report reflects monthly data from June 22,2019 - July 21.,2019 June 22,2019 - July 2'1,,2019 Code Cases by Category 2204 6000 5423 5000 Origin of Case 4000 r Code Div. lnitiated Cases r Complaint lnitiated Cases3063 3000 2726 2000 1000 0 2018 2019 700 600 500 400 300 200 100 614 CRA ase Opened Monthly O Monthly Open Cases OTotal opened cases to Date (Report initiated September 2018) 0 Bayshore lmmokalee 526 174 39 - This report reflects monthly data from June 22,2019 - July 27,20\9 Vegetation Requireme 5% Temporary Land Site Developme L8% June 22,2019 - July 21,,2019 Code Cases by Category Snipe signs omitted Animals Accessory Use Vehicles Commercial Land Use 6% Noise 1% N uisance Abatement 40% - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking Right of Way 4% Property Maintenance 8% Occupational Licensing Pa rki ng ment 7% Case Type Common issues associated with Case Type Accessory Use - Fence permits/ fence maintenance, canopies, shades, guesthouse renting etc.Animals - Prohibited animals, too many animals, etc.Commercial - Shopping carts Land Use - Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc.Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement - Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing - Home occupation violations, no business tax receipts, kennellng. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc.Protected Species - Gopher Toftoise, sea turUes lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc.signs - No sign permits, illegal banners, illegal slgns on private propefi, etc.site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements - Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles etc. This report reflects monthly data from June 22,2019 - July 21., 2O1g T% I% Oo/o t% L% 0% May 22,2019 - June 21,,2019 Code Cases by Category Animals Vegetation Requirements 4% Accessory Use Vehicles... Snipe signsomitled Nuisa nce... Occupational Licensing t% Site Development 8% Signs Parking Enforcement 3% 2%Right of Way 4% Property Maintenance 9% Case Type Common issues associated with Case Type Accessory Use - Fence permits, fence maintenance, canopies, shades, guesthouse renting etc.Animals - Prohibited animals, too many animals, etc.Commercial - Shopping carts Land Use - Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc.Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement - Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing - Home occupation violations, no business tax recelpts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc.Propefi Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea tuftles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culvefts, obstruction to public right-of-way, etc.signs - No sign permits, illegal banners, illegal signs on private property, etc.site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc.Vegetation Requirements - Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill,preserves, etc. Vehicles etc. - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking This report reflects monthly data from June 22,2OIg - July 21,,2019 Temp Land Use 1% Nois... 2%Land Use 7% Accessory Use Property Maintenance tl% Commercial o%Land Use L7% Occu pationa I Licensing... Snipe signs omitted Nuisa nce Abatement 26% Animals t% Vehicles 25% Vegetation Requirements 3% Tempora Land Use 0% Site Development r1% Signs 2% - 0% Right of Way 4% Parking Enforcement ao/z/o Case Type Common issues associated with Case Type Accessory Use - Fence permits, fence maintenance, canopies, shades, guesthouse renting etc.Animals - Prohibited animals, too many animals, etc.Commercial - Shopping cafts Land Use - Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc.Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement - Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing - Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Toftoise, sea tuftles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc.Signs - No sign permits, illegal banners, illegal signs on private propefi, etc. site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements - Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preseryes, etc.Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly data from June 22,2019 - July 21,2019 April 22,2019 - May 2L,2019 Code Cases by Category .. Noise ao/L/O Public Utilities DepartmentEngineering and Project Management Division471 3 1 125141271313592128132638133877802468101214010203040506070Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19RequestsBusiness DaysResponse Time - Letters of AvailabilityRequests CompletedMinimumAverageMaximumRequests Received Public Utilities DepartmentEngineering and Project Management Division22122154455517121912302905101520253035012345678Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19RequestsBusiness DaysResponse Time - Utility DeviationsRequests CompletedSufficiency Review TimeSubstantive Review TimeRequests Received Public Utilities DepartmentEngineering and Project Management Division4 446662 22133304464449611110246810120246810121416Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19RequestsBusiness DaysResponse Time - FDEP PermitsRequests CompletedInitial Review TimeRevision Review TimeDirector Approval TimeRequests Received June 2019 Monthly Statistics 106/2019 Growth Management Department Building Plan Review Statistics 06/2019 Growth Management Department 2 - 1,000 2,000 3,000 4,000 5,000 6,000 7,000 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-193,907 3,188 3,686 1,984 4,473 4,704 4,797 5,358 5,906 6,427 6,335 6,124 5,599 4,880 5,083 4,246 4,651 3,831 3,141 4,215 3,791 4,407 4,729 5,027 4,278 All Permits Applied by Month Solar, 55 Carport/Shed, 67 ROW Residential, 76 Well Permits, 104 Pool, 126Fence, 141Gas, 185 Aluminum Structure, 217 Electrical, 229 New Res 1 & 2 Family, 241 Plumbing, 296 Building Add Alt, 353 Shutters/Doors/Windows, 540 Roof, 627 Mechanical, 721 Top 15 of 41 Building Permit Types Applied in June Building Plan Review Statistics 06/2019 Growth Management Department 3 $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 $90,000,000 $100,000,000 Jun-17Sep-17Dec-17Mar-18Jun-18Sep-18Dec-18Mar-19Jun-19Monthly 1 & 2 Family Total Construction Value by Applied Date $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 $90,000,000 $100,000,000 Jun-17Sep-17Dec-17Mar-18Jun-18Sep-18Dec-18Mar-19Jun-19Monthly Multi-family and Commercial Total Construction Value by Applied Date Multi-family Commercial $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 $90,000,000 $100,000,000 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-19Monthly Total Construction Value by Applied Date 1&2 Family Multi-family Commercial Building Plan Review Statistics 406/2019 Growth Management Department - 50 100 150 200 250 300 350 400 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-19Jun- 17 Jul- 17 Aug- 17 Sep- 17 Oct- 17 Nov- 17 Dec- 17 Jan- 18 Feb- 18 Mar- 18 Apr- 18 May- 18 Jun- 18 Jul- 18 Aug- 18 Sep- 18 Oct- 18 Nov- 18 Dec- 18 Jan- 19 Feb- 19 Mar- 19 Apr- 19 May- 19 Jun- 19 Commercial 4 7 13 5 7 5 4 5 9 10 5 12 7 7 5 8 6 4 4 4 5 4 6 7 8 Multi-family 4 5 5 3 3 13 4 6 4 7 7 5 6 6 3 18 12 6 2 7 6 6 7 5 3 1&2 Family 293 224 287 177 202 163 194 222 169 282 292 318 302 355 251 223 213 232 194 316 218 261 251 254 250 New Construction Building Permits Issued by Month - 2 4 6 8 10 12 14 16 Jun-17Sep-17Dec-17Mar-18Jun-18Sep-18Dec-18Mar-19Jun-19New Commercial Building Permits Issued by Month - 2 4 6 8 10 12 14 16 18 Jun-17Sep-17Dec-17Mar-18Jun-18Sep-18Dec-18Mar-19Jun-19New Multi-family Building Permits Issued by Month Building Inspections Statistics 06/2019 Growth Management Department 5 - 5,000 10,000 15,000 20,000 25,000 30,000 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-1918,023 16,286 19,552 9,097 18,429 18,119 18,276 19,542 18,930 21,368 21,446 22,596 21,371 20,899 25,433 21,168 26,419 21,380 20,750 21,421 22,930 23,011 24,245 24,005 21,934 Building Inspections Electrical, 3,748 Land Development, 1,572 Gas, 481 Mechanical, 1,657 Plumbing, 3,323 ROW, 446 Septic, 199 Structural, 10,371 Well, 137 Types of Building Inspections in June Land Development Services Statistics 06/2019 Growth Management Department 6 0 5 10 15 20 25 30 Administrative Variance Utility Conveyance Final Acceptance Vegetation Removal Permit Site Development Plan Insubstantial Change Zoning Verification Letter 8 12 15 24 26 Top 5 Land Development Applications Applied within the Last 6 Months - 20 40 60 80 100 120 140 160 180 200 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-19178 146 158 63 148 114 111 133 128 199 133 162 163 173 177 128 159 144 126 150 163 145 181 152 159 All Land Development Applications Applied by Month Land Development Services Statistics 06/2019 Growth Management Department 7 - 5 10 15 20 25 30 35 40 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-1920 25 21 14 20 22 15 21 21 33 21 39 24 22 35 35 34 27 17 39 30 28 24 27 20 Pre -application Meetings by Month - 20 40 60 80 100 120 140 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-1927 21 22 36 40 32 35 34 36 24 23 26 52 16 28 40 56 35 26 40 34 26 27 29 32 61547450746143644650638553528368666459545068595954Front Zoning Counter Permits Applied by Month Temporary Use Commercial Certificates Land Development Services Statistics 06/2019 Growth Management Department 8 0 1 2 3 4 5 6 7 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-194 5 2 2 1 6 0 2 3 3 7 5 5 1 5 3 3 2 4 3 3 3 2 1 2 Number of New Subdivisions Recorded per Month Numberof SubdivisionsYearly Totals 2017 -38 2018 -43 2019 -14 0 5 10 15 20 25 30 35 40 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-1911 18 6 4 3 15 0 10 7 11 39 22 18 2 27 12 19 13 12 9 13 14 6 4 27 Plat Pages Recorded per Month Number of PagesYearly Totals 2017 -127 2018 -192 2019 -73 Land Development Services Statistics 06/2019 Growth Management Department 9 - 2 4 6 8 10 12 14 16 18 20 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-1913 11 12 5 19 7 14 12 9 17 13 18 11 8 13 14 11 12 8 15 10 10 11 17 9 Monthly Total of Subdivision Re-submittals/Corrections (PSPA, PSP, PPL, PPLA, ICP, FP, CNST) by Month - 5 10 15 20 25 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-194 7 5 11 10 5 7 6 5 23 12 8 11 9 12 10 8 4 6 6 9 9 12 6 6 Monthly Total of Subdivision Applications (PSPA, PSP, PPL, PPLA, ICP, FP, CNST) by Month Land Development Services Statistics 06/2019 Growth Management Department 10 - 10 20 30 40 50 60 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-1955 43 54 22 44 45 35 30 26 49 47 50 44 33 54 25 49 34 38 27 37 54 49 47 49 Monthly Total of Site Plan Re-submittals/Corrections (SIP, SIPI, SDP, SDPA, SDPI, NAP) by Month - 10 20 30 40 50 60 70 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-1936 42 37 17 30 25 26 23 23 32 34 61 36 40 34 38 34 30 32 32 34 28 38 36 34 Monthly Total of Site Plan Applications (SIP, SIPI, SDP, SDPA, SDPI, NAP) by Month Reviews for Land Development Services 06/2019 Growth Management Department 11 Percentage On-time for the Month of June - 200 400 600 800 1,000 1,200 1,400 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-191,066 904 984 697 1,005 840 862 915 820 1,061 1,183 1,270 961 970 1,134 916 1,127 987 876 891 929 1,105 1,076 1,232 1,062 Number of Land Development Reviews Land Development Services Statistics 06/2019 Growth Management Department 12 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 $20,000,000 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-19Total Applied Construction Valuation Estimate Construction Estimate Utility Estimate 0 10 20 30 40 50 60 70 80 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-19Inspections per monthSite & Utility Inspections Final Subdivision Inspection Final Utility Inspection Preliminary Subdivision Inspection Preliminary Utility Inspection Tie In Inspection Fire Review Statistics 06/2019 Growth Management Department 13 Total Number of Building Fire Reviews by Month Fire District Total Number of Planning Fire Reviews by Month Fire District 0 1 2 3 4 5 6 7 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-19DaysPlanning Fire Review Average Number of Days 0 1 2 3 4 5 6 7 8 9 Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-19Apr-19May-19Jun-19DaysBuilding Fire Review Average Number of Days Memorandum To: Development Services Advisory Committee (DSAC) From: Jeremy Frantz, LDC Manager Date: July 24, 2019 Re: LDC Amendment Update The following LDC amendments were reviewed by the DSAC-LDR Subcommittee on June 18, 2019 and are attached for your recommendation to the Board of County Commissioners. Tower Inspections (LDC Section 5.05.09) Cell towers require ongoing inspection reports. This amendment would change the time period between inspections. The DSAC-LDR Subcommittee recommended approval with no changes. Commercial Building Illumination (LDC Sections 1.08.02, 5.05.08, and 5.05.11) This amendment makes several changes to lighting standards related to commercial development in order to limit certain types of lighting that may be distracting or out of character with the surrounding community. The DSAC-LDR Subcommittee recommended the following changes that were incorporated into the amendment: • The amendment should only apply to lights visible from a public right-of-way or adjacent single-family residential districts. • Allow for lights to change color if the change occurs over a longer timeframe and doesn’t simulate flashing. • Reference “architectural features” rather than “walls and windows” in section 5.05.08 F.7.d.i. • The language in 5.05.11 J. should reference “equipment,” rather than “car wash equipment.” The Subcommittee also recommended that the amendment should apply to new permit applications only. This recommendation has not been incorporated into the amendment because it would make the standard ineffective at addressing lighting issues for existing development. Comparable Use Determination (LDC Sections 2.03.00, 10.02.06, and 10.03.06) This amendment is intended to revise and clarify the procedures and approval process for Comparable Use Determinations. The DSAC-LDR Subcommittee recommended approval of the proposed LDC amendment, subject to the following: • The process of the Comparable Use Determination affirmation with the Office of the Hearing Examiner remains in place; • Information regarding the ability to appeal the Comparable Use Determination is provided for; and • Provide flexibilty in the application of the criteria within LDC section 10.02.06 K.2. Following the Subcommittee review, the LDC Amendment has been updated to clearly distinguish the Hearing Examiner, or the Board of Zoning Appeals, as the decision maker for the Comparable Use Determination based on the recommendation from Staff. The following LDC Amendments are related to the Comprehensive Update to the Administrative Code: Stewardship Receiving Area (LDC Section 4.08.07) This amendment facilitates the creation of a new Administrative Code section for Stewardship Receiving Area (SRA) petitions by adding procedural requirements to the Administrative Code. There are no substantive changes intended as a part of this amendment. The DSAC-LDR Subcommittee recommended approval of the proposed LDC Amendment with one change that has been incorporated into the text: All timeframes regarding application sufficiency, review, and staff reports are to remain within the LDC, and may be duplicated within the Administrative Code. Nominal Application Process (LDC Section 10.02.03) This amendment codifies the Nominal Application Process (NAP), a more streamlined review of limited, minor changes to approved SDPs and SIPs, or to sites without an existing SDP or SIP. The DSAC-LDR Subcommittee recommended approval with no changes. Public Notice (LDC Section 10.03.06) This amendment clarifies the method of public notice for several petition types that require a public hearing. The DSAC-LDR Subcommittee recommended changes to reorganize LDC Section 10.03.06 E.2.b. was incorporated into the amendment. 1 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\Aug 07\Communication Towers\07-19-2019.docx LAND DEVELOPMENT CODE (LDC) AMENDMENT PETITION PL20190001312 SUMMARY OF AMENDMENT This Land Development Code Amendment (LDCA) changes the time between required inspections for guyed and self-supporting towers. LDC SECTIONS TO BE AMENDED ORIGIN Growth Management Department (GMD) HEARING DATES Board CCPC DSAC DSAC-LDR TBD TBD 08-07-2019 06-18-2019 5.05.09 Communication Towers ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC TBD CCPC TBD BACKGROUND: The South Florida Water Management District (District), which manages water resources throughout 16 counties in Florida, recently suggested that Collier County update the telecommunications towers (towers) ordinance so that the ongoing inspection cycle for their self- supporting tower is less frequent. According to the LDC, all guyed and self-supporting towers that exceed 185 feet in height require ongoing inspection reports. At minimum, these inspection reports must include an evaluation of the 1) tower structure, 2) guy wires and fittings, 3) guy anchors and foundations, 4) condition of antennas, transmission lines, etc., and 5) vertical alignmen t and guy wire tension (for guyed towers). As specified in the LDC, guyed towers require ongoing inspections every two years — self-supporting towers every four years. This LDCA will change these timeframes by making them less frequent, but still consistent with industry standards. The District owns one tower, located at Faka Union within the Picayune Strand. The District provides inspection reports on five-year cycles in all counties within their jurisdiction, except for in Collier County, which requires a four-year rotation. The Telecommunication Industry Association (TIA), an advocacy organization for the tower industry, published Structural Standard for Antenna Supporting Structures, Antennas and Small Wind Turbine Support Structures ANSI/TIA-222-H. This publication recommends that inspections occur every three years for guyed towers, five years for self-supporting towers, and seven years for monopoles. Staff researched a small sample of codes from other counties in Florida—Broward, Miami-Dade, Lee, Sarasota, and St. Johns. None of them have specific regulations pertaining to the ongoing inspections of towers. The Code of Federal Regulations (CFR), which is used by the Federal Communications Commission, contains inspection regulations, but its scope is very narrow and does not address ongoing inspections. In 1991, Collier County adopted Ordinance 1991-84, which represented a comprehensive update to the LDC as it relates to towers. This ordinance included the ongoing inspection periods for guyed and self- supporting towers, which are still in effect today. The inspection periods were discussed at the two Board of County Commissioners (Board) hearings leading up to its adoption. During the first hearing, 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\Aug 07\Communication Towers\07-19-2019.docx Mr. Leroy Pate, representing the tower industry, proposed an inspection period of every three years for guyed towers and five years for self-supporting towers (see Exhibit B). However, staff recommended more frequent timeframes, citing concerns “that there are presently towers that are overloaded not only by antennas and equipment, but are not technically built to support what was placed on them initially.” At the second Board hearing (see Exhibit C), another tower industry representative, Mr. Robert Kersteen, recommended that the inspection periods be the two- and four-year timeframes. Later during the same hearing, Mr. Pate recommended the inspections be required every three years. However, staff continued to recommend the two- and four-year inspection cycles, which were ultimately adopted by the Board and currently enforced today. Staff concurs with the District regarding the inspection timeframes specified by ANSI/TIA-222. However, because Collier County (and Florida in general) is vulnerable to hurricanes and other inclement weather, rather than eliminating the mandatory inspections and relying on the industry to regulate itself, staff proposes updating the language so that inspections are consistent with ANSI/TIA- 222 standards. FISCAL & OPERATIONAL IMPACTS The less frequent inspection reports will reduce costs for the tower industry. GMP CONSISTENCY No Element of the GMP addresses towers inspections; therefore, there are no GMP consistency issues or concerns. This LDCA may be deemed consistent with the GMP. EXHIBITS: A – Ordinance 91-84; B – Board Minutes 08-21-1991; C – Board Minutes 09-09-1991; D – ANSI_TIA-222-H; and E – 47 CFR 17.47 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC\2019\Aug 07\Communication Towers\07-19-2019.docx Amend the LDC as follows: 1 5.05.09 - Communications Towers 2 3 * * * * * * * * * * * * * 4 5 G. Development standards for communication towers . 6 7 * * * * * * * * * * * * * 8 9 14. Effective January 1, 1992, all guyed All guyed towers, including old towers, 10 exceeding 185 feet in height shall be inspected every three (3) two (2) 11 years. Self-supporting Such self-supporting towers shall be inspected 12 every four (4) five (5) years. Each inspection shall be conducted by a 13 qualified professional engineer or other qualified professional inspector, 14 and any inspector-recommended repairs and/or maintenance should be 15 completed without unnecessary delay. At a minimum, each inspection shall 16 include the following: 17 18 a. Tower structure: Including bolts, loose or damaged members, and 19 signs of unusual stress or vibration. 20 21 b. Guy wires and fittings: Check for age, strength, rust, wear, general 22 condition, and any other signs of possible failure. 23 24 c. Guy anchors and foundations: Assess for cracks in concrete, signs 25 of corrosion, erosion, movement, secure hardware, and general site 26 condition. 27 28 d. Condition of antennas, transmission lines, lighting, painting, 29 insulators, fencing, grounding, and elevator, if any. 30 31 e. For guyed towers: Tower vertical alignment and guy wire tension 32 (both required tension and present tension). 33 34 # # # # # # # # # # # # # 35 MAY ■ JUNE 2017 TOWER TIMES 1 What is ANSI/TIA-222 and why is it important for the telecommunications industry? ANSI/TIA-222 is the “Structural Standard for Antenna Supporting Structures and Antennas”. ANSI/TIA-222 is critically important to the telecommunications industry for many reasons. Some of which are as follows: ■■Direct link to the International Building Code (IBC); ■■Provides guidelines for the procurement of struc- tures; ■■Establishes design parameters for structures; and ■■Provides criteria for Maintenance and Condition Assessment of these structures. This Planning Advisory Notice (PAN) focuses primarily on Section 14 of the ANSI/TIA-222 Standard. Section 14 covers minimum criteria for a proper Maintenance and Condition Assessment of antenna supporting structures. The current version of ANSI/TIA-222 is G-2, however, throughout this PAN, we will also be referenc- ing the draft version of ANSI/TIA-222-H to communi- cate upcoming changes in Section 14. In addition to Section 14, Annex J (Normative) provides checklists for maintenance and condition assessment, field mapping of appurtenances and structural components as well as charts for determining twist and out of plumb on guyed towers. We will also touch on Annex K, as it brings tension, twist, and plumb together. To add clarity, a Authors: Scott Kisting (EVP – Proactive Telecommunications Solutions) and John Erichsen (Principal EET PE, Chairman TIA committee TR 14). The members of the PAN Advisory Group who are involved in the writing and researching of each PAN topic include: John Erichsen (Principal EET PE, Chairman TIA committee TR 14), Scott Kisting (EVP – Proactive Telecommunications Solutions), Richard Cullum (Program Manager – Crown Castle), Jeremy Buckles (Safety and Compliance Officer – International, SBA Communications Corporation), Craig Snyder (President, Sioux Falls Tower & Communications), and Stephanie Brewer (Compliance Coordinator – MUTI-Sabre Industries Telecom Services). PLANNING ADVISORY NOTICE ANSI/TIA-222 Maintenance and Condition Assessment of Telecommunication Towers CONTINUED ON NEXT PAGE TOWER TIMES MAY ■ JUNE 20172 Normative designation simply means that Annex J carries the same weight and merit as the body of the Standard. An annex allows the Committee to provide information as a narrative or list when it is more effec- tive than using the language limitations placed upon the body of the standard such as the scope, require- ments, and the maintenance and condition assessment cycles. Revision H clarifies issues around safety climbs and inspection. ANSI/TIA-222-G Section 14 (Scope) states “This section addresses the maintenance and condition assessment of structures.” The following note is includ- ed in ANSI/TIA-222-H – “Maintenance and condition assessment requirements for safety climb systems are not within the scope of the Standard.” The safety climb system is an appurtenance while on the structure and does not become a safety climb system until a compe- tent person uses it as part of a fall protection plan. So, while the safety climb may be assessed as a part of a maintenance and condition assessment of the structure it should not be considered usable as fall protection until inspected by a competent person as part of a complete fall protection plan. This logic also applies to any structural member (tower leg, diagonal, etc.) or connection considered for fall protection use by the competent person as part of their fall protection plan. Proposed language in Revision H helps clarify recom- mended Intervals in section 14.4: Maintenance and condition assessment recommenda- tions are as follows: 1. Three-year intervals for guyed masts and five-year intervals for self-supporting structures. Note: The intervals recommended are based on industry experience for communication structures designed and installed per EIA or ANSI/TIA-222 Standards. More frequent inspection intervals were found to be unwarranted. 2. After severe wind and/or ice storms or other ex- treme conditions. 3. Shorter inspection intervals may be required for Risk Category III or IV structures and structures in coastal regions, in corrosive environments, and in areas subject to frequent vandalism. It is important to note that these are recommended intervals that tower owners or engineers use to formu- late a site-specific maintenance and condition assess- ment plan. The recommended intervals can change based on factors such as age of the structure and/or how often they are assessed and maintained. There are cases, based on the location and type of struc- ture, as well as other factors that the maintenance and assessment cycle may be extended beyond five years. The inverse is also true. For example, a guyed tower located in corrosive environment may require intervals that are more frequent. It is up to the owner and their engineering professionals to use the TIA recommenda- tions to create a program that incorporates site-specific information such as the structure type, location and the environment. Note two (2), in Section 14.4 (Rev H) recommends that assessments after extreme weather events could be warranted. For example, in the event of a category five (V) hurricane, tower owners and carriers typically choose to deploy teams to determine the extent of damage to their wireless infrastructure. Maintenance is emphasized by being the first word of the title for this section as it is a critical component. Typically, references are made to TIA maintenance and condition assessments as inspections only. This is a misinterpretation of Section 14, as it is very important PLANNING ADVISORY NOTICE (CONTINUED) MAY ■ JUNE 2017 TOWER TIMES 3 CONTINUED ON NEXT PAGE to understand the critical nature of the word “Main- tenance” as it is an actionable item. Depending on the types of maintenance issues discovered during a condition assessment, it is the expectation that the structure will be maintained in accordance with the owner’s maintenance plan to assure structural integrity. Items discovered, that could adversely affect the struc- ture, should be brought to the tower owners attention immediately so its engineers and operations teams can determine what maintenance or repairs, if any, are required. To perform a condition assessment (inspection) without performing a proper maintenance review is contrary to the intent of the Standard. Annex J is a guideline and checklist for the maintenance and condition assessment. ANSI/TIA-222-G-2 Annex J: Main- tenance and Condition Assessment (Normative) – The preamble reads as follows: “This annex provides checklists for: (a) maintenance and condition assessment and (b) field mapping of structures and appurtenances. Note: This annex does not provide means and methods for RF protec- tion.” Tower owners and their engineer- ing support team(s) typically use Annex J as the baseline when creating site-specific maintenance and condition programs. ANSI/TIA- 222 is a consensus standard based on best practices and comprised of committees, such as TIA TR-14. These individuals are subject mat- ter experts voluntarily contributing their time and talent to the industry. Each subsequent ANSI/TIA Stan- dard has been an improvement over the last. ANSI/TIA-222-H is no exception and TIA expects that earlier revisions will be superseded, except for the purposes outlined in the current published Standard. It is the TR-14 member’s expectation that the development of ANSI/TIA- 222-H will help the entire industry. Some of the critical areas covered in ANSI/TIA-222-H Annex J:CONTINUED ON NEXT PAGE PLANNING ADVISORY NOTICE (CONTINUED) TOWER TIMES MAY ■ JUNE 20174 J.1 – Maintenance and Condition Assessment A. Structure Condition B. Finish C. Lighting D. Grounding E. Appurtenances such as Mounts, Antennas and Lines F. Other Appurtenances (walkways, platforms, sen- sors, floodlights, etc.) G. Base Insulator Condition for AM Towers (AM detuning kits, fiberglass rods on broadcast towers, Phillystran, etc.) H. Guys I. Concrete Foundations J. Structure Alignment K. Previous Modifications to Structure Annex J provides an excellent guide for tower owners and engineers to establish a site-specific condition and maintenance program. A properly managed main- tenance and condition assessment program ensures that the structure is maintained in accordance with the manufacturer’s recommendations and helps with the long-term performance of the structure. The annex also provides some base line information on mapping that should be considered by engineers when a mapping is required. The following is an overview of some of the subject area covered and in an upcoming PAN we will go into further detail on section J.2. Section J.2 Provides guidelines for following: A. Mapping of Appurtenances 1. Mounting Systems B. Mapping of Structural Members and Connections 1. Self-Supporting Latticed Structures 2. Guyed Masts 3. Pole Structures 4. Connections C. Tolerances D. Twist and Out-of-Plumb determination for Towers Understanding Annex K (Informative) is recommended because it addresses the measurement of the guy wire tensions. Any adjustment to the tensions of the guy wires can also have an impact on the twist and plumb on the tower. Annex K provides the engineering equa- tions and content related to measuring guy tensions, however it does not address the means and methods related to this type of work. As discussed in other PANs, ANSI/ASSE A10.48 should be considered for the means and methods. Annex K provides two basic methods for measuring guy wire tensions: A. Direct Method (load cell) B. Indirect Methods 1. Pulse Method 2. Tangent Intercept Method Note that the approval of shunt dynamometers is a new addition as a method for measuring guy tensions for Revision H. Once ANSI/TIA-222-H is approved (see process below), the PAN committee will delve further into these two annexes. Currently the TR-14 task group is finalizing the draft. Once the draft is finalized, the full committee will vote to approve. Once approved by the full com- mittee there will be a public ANSI ballot/vote that will ultimately lead to the publication of ANSI/TIA-222-H - Structural Standard for Antenna Supporting Structures and Antennas and Small Wind Turbine Structures. ■ PLANNING ADVISORY NOTICE (CONTINUED) 1 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 07-18-19.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190001080 SUMMARY OF AMENDMENT This amendment makes several changes to lighting standards related to commercial development in order to limit certain types of lighting that may be distracting or out of character with the surrounding community. LDC SECTION TO BE AMENDED 1.08.02 Definitions 5.05.08 Architectural and Site Design Standards 5.05.11 Carwashes Abutting Residential Zoning Districts ORIGIN Board of County Commissioners HEARING DATES BCC TBD CCPC TBD DSAC 8/07/2019 DSAC-LDR 6/18/2019 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with Changes DSAC TBD CCPC TBD BACKGROUND Lighting technology advances have led to the development of architectural lighting that includes a wide variety of designs and colors (See Exhibit A). Recently, some new construction projects in the county have included multi-colored, flashing light displays. These installations have caused concern for being distracting and a nuisance to motorists and the surrounding neighborhood. On February 26, 2019, the Board of County Commissioners (Board) directed staff to draft an ordinance to address certain types of lighting on buildings that can become a nuisance, or which may be out of character with the surrounding community. Staff has also received complaints from the public regarding lighting of mechanical equipment at car washes. This amendment addresses three lighting issues: 1. Clarifies the difference between accent lighting and architectural lighting, 2. Adds limitations to the illumination of buildings to the architectural and site design standards, and 3. Prohibits lighting on buildings or car wash equipment that changes color, flashes, or alternates. Collier County’s definition of accent lighting is limited to “strands or tubes of lighting that outline a structure.” This form of lighting is prohibited by the sign code in LDC Section 5.06.00. This prohibition was intended to be limited to “exposed” strands or tubes of lighting. However, there are some forms of lighting that outline a structure but do not include exposed lighting, and therefore should not be prohibited (See Exhibit B). This amendment clarifies the definition and prohibition of accent lighting to only include exposed lighting. Additionally, signage is not permitted to include lights that change color, flash, or alternate. This amendment applies a similar standard to building facades by adding building illumination standards to the architectural and site design standards in LDC Section 5.05.08 F.7, and to the lighting of car wash equipment at carwashes abutting residential zoning districts in LDC Section 5.05.11. 2 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 07-18-19.docx The addition of building illumination standards to the Site Design and Architectural Standards is consistent with the approach of several other communities. Standards related to colors of architectural lighting, or whether lights change color, flash, or alternate, are found throughout Florida (See Exhibit C). DSAC-LDR Subcommittee Recommendation DSAC-LDR Subcommittee reviewed the amendment on June 18, 2019, and the following recommended changes were incorporated into the amendment: • The amendment should only apply to lights visible from a public right-of-way or adjacent single-family residential districts. • Allow for lights to change color if the change occurs over a longer timeframe and doesn’t simulate flashing. • Reference “architectural features” rather than “walls and windows” in section 5.05.08 F.7.d.i. • The language in 5.05.11 J should reference “equipment,” rather than “car wash equipment.” The Subcommittee also recommended that the amendment should apply to new permit applications only. This recommendation has not been incorporated into the amendment because it would make the standard ineffective at addressing lighting issues for existing development. FISCAL & OPERATIONAL IMPACTS This amendment may result in businesses that are to become non-conforming with lighting restrictions. Businesses will bear any cost associated with removing or replacing previously installed lighting. County reviews of architectural plans will require applicants to indicate lighting colors and color changes. There are no anticipated fiscal impacts to Collier County associated with this amendment. GMP CONSISTENCY The Growth Management Plan’s (GMP) land use elements (Future Land Use Element, Golden Gate Area Master Plan, Immokalee Area Master Plan) contain subdistricts and overlays that identify allowable uses, densities and intensities; some contain development standards, but most do not. No Elements of the GMP address or restrict lighting in the detail addressed in this LDCA. The LDC may be more restrictive than the GMP but not less restrictive. Based upon the above analysis, the proposed LDC amendment may be deemed consistent with the GMP. EXHIBITS: A) Architectural Lighting Examples; B) Accent Lighting Examples; and C) Architectural and Accent Lighting in Other Communities DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 07-18- 19.docx Amend the LDC as follows: 1 1.08.02 – Definitions 2 3 Abut or abutting: To share a common property line or boundary at any one point. 4 5 Accent lighting: Strands Exposed strands or tubes of lighting that outline a structure, or to 6 maintain a common architectural theme to attract attention to any business, service, or other 7 related functions. 8 9 # # # # # # # # # # # # # 10 11 5.05.08 – Architectural and Site Design Standards 12 * * * * * * * * * * * * * 13 F. Site design standards. Compliance with the standards set forth in this section must be 14 demonstrated by submittal of architectural drawings and a site development plan in 15 accordance with the Administrative Code and LDC section 10.02.03. 16 * * * * * * * * * * * * * 17 7. Lighting. See LDC sections 4.05.02 D and 6.06.03 for additional requirements. 18 19 a. Purpose and intent. All building sites and projects, including outparcels, 20 shall be designed to provide safe, convenient, and efficient lighting for 21 pedestrians and vehicles. Lighting must be designed in a consistent and 22 coordinated manner for the entire site. The lighting and lighting fixtures 23 must be integrated and designed so as to enhance the visual impact of the 24 project on the community and blend with the landscape. 25 26 b. Shielding standards. Lighting must be designed so as to prevent direct 27 glare, light spillage and hazardous interference with automotive and 28 pedestrian traffic on adjoining streets and all adjacent properties. Light 29 sources must be concealed or shielded. 30 31 c. Height standards. Lighting fixtures within the parking lot must be a 32 maximum of 25 feet in height, and 15 feet in height for the non-vehicular 33 pedestrian areas. 34 35 d. Design standards. Lighting must be used to provide safety while accenting 36 key architectural elements and to emphasize landscape features. Light 37 fixtures must complement the design of the project. This can be 38 accomplished through style, material or color. 39 40 i. When visible from a public right-of-way or from an adjacent 41 residential property, the illumination of building facades, 42 architectural features, or windows using more than three colors, or 43 with lights that change color, flash, or alternate at intervals more 44 frequently than once per day is prohibited. 45 46 e. Illumination. Background spaces, such as parking lots, shall be illuminated 47 as unobtrusively as possible to meet the functional needs of safe circulation 48 and of protecting people and property. Foreground spaces, including 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 07-18- 19.docx building entrances and plaza seating areas, must utilize local lighting that 1 defines the space. 2 3 # # # # # # # # # # # # # 4 5 5.05.11 - Carwashes Abutting Residential Zoning Districts 6 7 A. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be 8 allowed. 9 10 B. Minimum yards. 11 12 1. Front yard setback: fifty (50) feet. 13 14 2. Side yard setback: forty (40) feet. 15 16 3. Rear yard setback: forty (40) feet. 17 18 C. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated 19 street or highway. 20 21 D. Minimum lot size is 18,000 square feet. 22 23 E. If a carwash, vacuum station, or compressed air station abuts a residential district, a 24 masonry or equivalent wall constructed with a decorative finish, six (6) feet in height shall 25 be erected along the lot line opposite the residential district and the lot lines perpendicular 26 to the lot lines opposite the residential district for a distance not less than fifteen (15) feet. 27 The wall shall be located within a landscaped buffer as specified in section 4.06.00. All 28 walls shall be protected by a barrier to prevent vehicles from contacting them. 29 30 F. The building shall maintain a consistent architectural theme along each building façade. 31 32 G. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control 33 Ordinance [Code ch. 54, art. IV]. 34 35 H. The washing and polishing operations for all car washing facilities, including self -service 36 car washing facilities, shall be enclosed on at least two sides and shall be covered by a 37 roof. Vacuuming facilities may be located outside the building, but may not be located in 38 any required yard area. 39 40 I. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 41 42 J. The illumination of equipment with lights that change color, flash, or alternate at intervals 43 more frequently than once per day is prohibited when visible from a public right-of-way or 44 from an adjacent residential property. 45 46 # # # # # # # # # # # # #47 Exhibit A –Architectural Lighting Examples 5 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 07-18- 19.docx Buildings with multiple lighting colors Buildings with a single lighting color Staff image Staff image Staff image www.mhkap.com/commercial Staff image https://energyefficientdevices.org/led-outdoor-sign-lighting- fixtures.html https://decorsusa.com/wp-content/uploads/2018/01/IHG- BRAND-LIGHTING-14.jpg Exhibit B –Accent Lighting Examples 6 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 07-18- 19.docx Accent lighting using “tubes or strands” Architectural lighting http://accentledlighting.com/wp-content/uploads/2016/12/e- Accent-LED-restaurant-perimeter.jpg Source: Staff correspondence Re: PRBD20160518424 https://upload.wikimedia.org/wikipedia/commons/3/3c/Dalla s_Bank_of_America_Plaza_top_night.jpg Source: Staff correspondence Re: PRBD20160518424 Source: Staff correspondence Re: PRBD20160518424 Source: Staff correspondence Re: PRBD20160518424 Exhibit C – Architectural & Accent Lighting in Other Communities 7 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 07-18- 19.docx Community and Citation Architectural and Accent Lighting Standards (Bold emphasis added) City of Sunrise 16-140 (4) (4) Building façade lighting. Exterior building lighting shall be in accordance with the following requirements: a. Floodlights, spotlights, or any other similar lighting shall not be used to illuminate buildings, structures, or other site features unless approved as an integral architectural element on the site plan. On -site lighting may be used to accent architectural elements but not used to illuminate an entire façade of a building. Temporary lighting such as strip lighting is prohibited unless in accordance with subsection (b) below. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface shall not exceed 5.0 average maintained footcandles. Building façade and accent lighting will not be approved unless the light fixtures are compatible in design, and located, aimed, and shielded so that light is directed only onto the building facade and spillover light is minimized. b. Holiday lights and decorations are prohibited except between November 15 and January 5 provided they do not cause excessive glare that creates a public safety hazard. Brevard County 62-2257 (4) Accent lighting is hereby defined as the lighting of area(s) within a site which emphasizes key architectural elements of the site's building(s), particular objects such as a piece of art or retail displays, or landscaped areas without creating shadows or hot spots resulting in uneven site lighting conditions. All lighting fixtures (cut -off or non cut-off) utilized to provide accent lighting shall be so designated on the site's engineered site plan. Accent lighting fixtures providing illumination for specific portions of a building's wall area are known as wall -washers. Wall-washer light fixtures are cut-off or non cut-off lighting fixtures normally mounted at ground level and aimed at an upward angl e to cast illumination upon an adjacent building's wall. Up -lighting is the term used to describe the lighting of objects located above the horizontal plane of the lighting fixture. Down - lighting is the term used to describe the lighting of objects located below the horizontal plane of the lighting fixture. Accent lighting fixtures which utilize up-lighting or are used to illuminate landscape vegetation shall be limited to a maximum 5.0 foot-candles lighting threshold in order to limit the adverse impacts of light pollution (illumination of the night sky). Accent lighting fixtures which utilize down -lighting shall be limited to a reduced 35.0 foot - candle maximum lighting threshold in order to limit the adverse impacts of glare and reflection. City of St. Petersburg 16.90.020 (3) (3) Accent lighting. Accent lighting is lighting that is designed to emphasize the shape, texture, finish, or color of a portion of an exterior wall or an architectural feature. Exhibit C – Architectural & Accent Lighting in Other Communities 8 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 07-18- 19.docx Lee County 34-2 Non-essential lighting means lighting that is not necessary for an intended purpose after the purpose has been served. For example, lighting for a business sign, architectural accent lighting, and parking lot lighting, may be considered essential during business or activity hours, but is considered non-essential once the activity or business day has concluded. City of Palm Beach Gardens 78-751 Accent lighting means any lighting that is used to enhance, highlight, or define specific elements of landscaping, art, or architecture. City of Miami Gardens 34-417 (4) (4) Building and accent lighting. a. Lighting of buildings. All exterior building lighting, including entry, facade, rooftop, security, and accent lighting shall conform to the requirements provided below: 1. Permitted lighting. Exterior lighting may be used to illuminate a building and its grounds for safety purposes, so long as the lighting is done in a manner that is aesthetically pleasing compatible with the overall surroundings, and in compliance with this section. 2. Compatibility. Lighting shall be installed in a manner that is compatible with the neighborhood and adjacent development, and protects dark skies. 3. Fixtures. All fixtures used in exterior building lighting are to be selected for functional and aesthetic value. Light fixtures shall not be directly beamed upward or toward adjacent properties and pedestrian areas. 4. Accent lighting for nonresidential and multifamily buildings. Accent lighting for architectural and/or aesthetic purposes is permitted subject to the following restrictions: (i) All upward-aimed lights shall be fully shielded from projecting into the sky by eaves, roofs, or overhangs. (ii) Strings of lights or other similar accent lighting may be installed on trees and landscaping and on buildings below the roofline provided: Light strings shall not be suspended horizontally between any buildings, walls, fences, trees, or shrubs. Strings of light shall contain only low wattage clear bulbs (less than 100 lumens) without interior or exterior frosting, colors or reflectors. (iii) Integration with form. Lighting which mimics the architectural lines of the building or part of the building, unless otherwise allowed in this section, shall only be permitted by approval of an administrative petition. City of Daytona Beach 6.9 D D. Prohibited Lighting. The following exterior lighting is prohibited: 1. Light fixtures that imitate an official highway or traffic control light or sign; 2. Light fixtures in the direct line of vision with any traffic control light or sign; Exhibit C – Architectural & Accent Lighting in Other Communities 9 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 07-18- 19.docx & 6.10 M 3. Light fixtures that have a flashing or intermittent pattern of illumination, except electronic message center signage permitted in accordance with Section 6.10.J.7, Electronic Message Center Signs; 4. Privately-owned light fixtures located in the public right-of-way; and 5. Searchlights, except when used by Federal, State or local authorities. * * * * * M. Architectural Accent Lighting. 1. Architectural accent lighting is nonblinking fiber optic, neon, or incandescent light applied as an architectural enhancement to accent the roof edge or details of a commercial building. Fiber optics may change color but not so rapidly as to simulate blinking lights. 2. All architectural accent lighting shall meet the following requirements. a. The lighting shall be designed as an integral architectural element of the building and accent significant architectural aspects of the building. b. The color of the accent lighting shall be harmonious with the building, surrounding buildings, and the site. 3. In Redevelopment Areas, architectural accent lighting shall be subject to approval of the Redevelopment Board for the area. In all other areas of the City, architectural accent lighting shall be subject to review and approval by City staff. City of Palm Springs 34-332 Accent lighting of a building facade for architectural, aesthetic, or decorative purposes is permitted subject to the following restrictions: (1) All upward-aimed lights shall be fully shielded from projecting into the sky by eaves, roofs, overhangs, artwork, or architectural elements. (2) Strings of lights or other similar accent lighting may be installed on trees and landscaping and on buildings below the roofline provided: a. Strings of lights shall not be suspended horizontally between any buildings, walls, fences, trees, or shrubs. b. Strings of light shall contain only low wattage clear bulbs (less than 100 lumens) without interior or exterior frosting, colors, or reflectors. (3) Integration with form. Lighting following the form of the building or part of the building, unless otherwise permitted in this section, shall only be permitted as a component of site plan/architectural approval by the village council. Exhibit C – Architectural & Accent Lighting in Other Communities 10 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 07-18- 19.docx City of Casselberry 3-10.2 B Accent lighting. Decorative lights used to draw attention to particular features or objects such as plants, trees, walls, fountains, or buildings. Such lights shall be aimed to accentuate shadows or to highlight a particular object at night. Accent lights shall not impact safety and security, such as masking steps or ledges, or produce glare such that a person or property owner cannot see properly. They shall be limited to low voltage systems of 12 volts or 24 volts. The lighting should aesthetically enhance the overall site and not create glare or light trespass. City of South Miami 20-3.6 (U)(D) (D) Definitions as used in this section. 1. Accent lighting means any directional lighting which emphasizes a particular object or draws attention to a particular area. City of Lake Park 5-10 Sec. 5-10. - Exterior architectural lighting. A. General. The term "exterior lighting," as used in this section, shall mean any variety of lighting forming an integral part of a building. Such lighting shall meet the following requirements and shall be subject to final approval by the jurisdiction. B. Limitations. Exterior lighting shall not: 1. Flash, revolve, flutter or be animated; 2. Obstruct the vision of pedestrians. 3. Project into or over any public street right-of-way including the sidewalk; 4. Obstruct or interfere with any door, fire exit, stairway, ladder or opening intended to provide light, air, ingress or egress; 5. Constitute a traffic hazard or be a detriment to traffic safety. 1 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190000389 SUMMARY OF AMENDMENT This amendment is intended to revise and clarify the procedures and approval process for Comparable Use Determinations. LDC SECTIONS TO BE AMENDED 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses 10.02.06 Requirements for Permits 10.03.06 Public Notice and Required Hearings for Land Use Petitions ORIGIN Growth Management Department (GMD) HEARING DATES BCC CCPC DSAC DSAC-LDR TBD TBD 8/7/19 3/19/19, & 6/18/19 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approved DSAC TBD CCPC TBD BACKGROUND Currently, when an applicant submits an application for a Zoning Verification Letter - Comparable Use Determination, staff reviews the application, makes a determination on the compatibility of the proposed use and drafts the Zoning Verification Letter (ZVL). Once the ZVL has been completed, the ZVL and all necessary backup materials are brought before the Hearing Examiner or the Board of Zoning Appeals (BZA) for affirmation. This current process of generating a ZVL and then going before the Hearing Examiner or BZA for affirmation has proven to be confusing for customers. Additionally, staff has requested that there be standards to determine if a proposed use is comparable to the list of permitted uses within that district, which has been added to LDC section 10.02.06 K.2. This proposed LDC amendment removes the Comparable Use Determination process from the Zoning Verification Letter process and provides criteria to make a comparable use determination. This will change the process of providing the determination through a ZVL to now providing a recommendation through a Staff Report. The Staff Report will then be reviewed for approval by the Hearing Examiner or the BZA. Additionally, the industrial and commercial zoning districts’ list of conditional uses, allows for a comparable use determination for permitted uses to follow the conditional use review process. This conflicts with the other sections of the LDC and the comparable use determination process that is utilized today. Therefore, the language that reflects a conditional use process for a permitted use has been removed. 2 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx DSAC-LDR Subcommittee Recommendation The DSAC-LDR Subcommittee recommended approval of the proposed LDC amendment, subject to the following: • The process of the Comparable Use Determination affirmation with the Office of the Hearing Examiner remains in place; • Information regarding the ability to appeal the Comparable Use Determination is provided for; and • Provide flexibilty in the application of the criteria within LDC section 10.02.06 K.2. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed LDC amendment may be deemed consistent with the GMP. ATTACHMENTS: A) Amendment History and Existing PUD Standards B) Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx Amend the LDC as follows: 1 2.03.00 – ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL 2 USES 3 In order to carry out and implement the Collier County GMP and the purposes of this LDC, the 4 following zoning districts, district purposes, and applicable symbols are hereby established: 5 A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted and 6 conditional uses contains the phrase "any other use which is comparable in nature with 7 the foregoing uses and is consistent with the permitted uses and purpose and intent 8 statement of the district" or any similar phrase which provides for a use which is not 9 clearly defined or described in the list of permitted and conditional uses , which requires 10 the discretion of the County Manager or designee as to whether or not it is permitted in 11 the district, then the determination of whether or not that use is permitted in the district 12 shall be made through the process outlined in LDC section 1.06.0010.02.06 K., 13 interpretations, of this LDC. 14 * * * * * * * * * * * * * 15 # # # # # # # # # # # # # 16 17 2.03.03 – Commercial Zoning Districts 18 19 A. Commercial Professional and General Office District (C-1). The purpose and intent of the 20 commercial professional and general office district C-1 is to allow a concentration of office 21 type buildings and land uses that are most compatible with, and located near, residential 22 areas. Most C-1 commercial, professional, and general office districts are contiguous to, 23 or when within a PUD, will be placed in close proximity to residential areas, and, therefore, 24 serve as a transitional zoning district between residential areas and higher intensity 25 commercial zoning districts. The types of office uses permitted are those that do not have 26 high traffic volumes throughout the day, which extend into the evening hours. They will 27 have morning and evening short-term peak conditions. The market support for these office 28 uses should be those with a localized basis of market support as opposed to office 29 functions requiring inter-jurisdictional and regional market support. Because office 30 functions have significant employment characteristics, which are compounded when 31 aggregations occur, certain personal service uses shall be permitted, to provide a 32 convenience to office-based employment. Such convenience commercial uses shall be 33 made an integral part of an office building as opposed to the singular use of a building. 34 Housing may also be a component of this district as provided for through conditional use 35 approval. 36 37 1. The following uses, as identified with a number from the Standard Industrial 38 Classification Manual (1987), or as otherwise provided for within this section are 39 permissible by right, or as accessory or conditional uses within the C-1 commercial 40 professional and general office district. 41 a. Permitted uses. 42 43 * * * * * * * * * * * * * 44 45 41. Any other commercial use or professional service which is 46 comparable in nature with the foregoing uses including those that 47 exclusively serve the administrative as opposed to the operational 48 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx functions of a business and are associated purely with activities 1 conducted in an office, as determined by the Hearing Examiner or 2 Board of Zoning Appeals, pursuant to LDC section 10.02.06 K. 3 4 * * * * * * * * * * * * * 5 6 c. Conditional uses. The following uses are permissible as conditional uses 7 in the (C-1) commercial professional and general office district, subject to 8 the standards and procedures established in LDC section 10.08.00. 9 10 * * * * * * * * * * * * * 11 12 16. Any other convenience commercial use which is comparable in 13 nature with the foregoing list of permitted uses and consistent with 14 the purpose and intent statement of the district, as determined by 15 the board of zoning appeals, pursuant to section 10.08.00. 16 * * * * * * * * * * * * * 17 18 B. Commercial Convenience District (C-2). The purpose and intent of the commercial 19 convenience district (C-2) is to provide lands where commercial establishments may be 20 located to provide the small-scale shopping and personal needs of the surrounding 21 residential land uses within convenient travel distance except to the extent that office uses 22 carried forward from the C-1 district will expand the traditional neighborhood size. 23 However, the intent of this district is that retail and service uses be of a nature that can be 24 economically supported by the immediate residential environs. Therefore, the uses should 25 allow for goods and services that households require on a daily basis, as opposed to those 26 goods and services that households seek for the most favorable economic price and, 27 therefore, require much larger trade areas. It is intended that the C-2 district implements 28 the Collier County GMP within those areas designated agricultural/rural; estates 29 neighborhood center district of the Golden Gate Master Plan; the neighborhood center 30 district of the Immokalee Master Plan; and the urban mixed use district of the future land 31 use element permitted in accordance with the locational criteria for commercial and the 32 goals, objectives, and policies as identified in the future land use element of the Collier 33 County GMP. The maximum density permissible in the C-2 district and the urban mixed 34 use land use designation shall be guided, in part, by the density rating system contained 35 in the future land use element of the Collier County GMP. The maximum density 36 permissible or permitted in a district shall not exceed the density permissible under the 37 density rating system. 38 39 1. The following uses, as identified with a number from the Standard Industrial 40 Classification Manual (1987), or as otherwise provided for within this section are 41 permissible by right, or as accessory or conditional uses within the C-2 commercial 42 convenience district. 43 44 a. Permitted uses. 45 46 * * * * * * * * * * * * * 47 48 74. Any other commercial convenience or professional use which is 49 comparable in nature with the (C-1) list of permitted uses and 50 consistent with the purpose and intent statement of the district, as 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx determined by the Hearing Examiner or Board of Zoning Appeals, 1 pursuant to LDC section 10.02.06 K. the board of zoning appeals, 2 pursuant to section 10.08.00. 3 * * * * * * * * * * * * * 4 5 c. Conditional uses. The following uses are permissible as conditional uses 6 in the commercial convenience district (C-2), subject to the standards and 7 procedures established in section 10.08.00. 8 9 * * * * * * * * * * * * * 10 11 12. Any other convenience commercial use which is comparable in 12 nature with the foregoing (C-2) list of permitted uses and consistent 13 with the purpose and intent statement of the district, as determined 14 by the board of zoning appeals pursuant to section 10.08.00. 15 16 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 17 intermediate district (C-3) is to provide for a wider variety of goods and services intended 18 for areas expected to receive a higher degree of automobile traffic. The type and variety 19 of goods and services are those that provide an opportunity for comparison shopping, 20 have a trade area consisting of several neighborhoods, and are preferably located at the 21 intersection of two-arterial level streets. Most activity centers meet this standard. This 22 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts 23 typically aggregated in planned shopping centers. This district is not intended to permit 24 wholesaling type of uses, or land uses that have associated with them the need for outdoor 25 storage of equipment and merchandise. A mixed-use project containing a residential 26 component is permitted in this district subject to the criteria established herein. The C-3 27 district is permitted in accordance with the locational criteria for commercial and the goals, 28 objectives, and policies as identified in the future land use element of the Collier County 29 GMP. The maximum density permissible in the C-3 district and the urban mixed use land 30 use designation shall be guided, in part, by the density rating system contained in the 31 future land use element of the Collier County GMP. The maximum density permissible or 32 permitted in the C-3 district shall not exceed the density permissible under the density 33 rating system. 34 35 1. The following uses, as identified with a number from the Standard Industrial 36 Classification Manual (1987), or as otherwise provided for within this section are 37 permissible by right, or as accessory or conditional uses within the commercial 38 intermediate district (C-3). 39 40 a. Permitted uses. 41 42 * * * * * * * * * * * * * 43 44 93. Any use which was permissible under the prior General Retail 45 Commercial (GRC) zoning district, as identified by Zoning 46 Ordinance adopted October 8, 1974, and which was lawfully 47 existing prior to the adoption of this Code. 48 49 * * * * * * * * * * * * * 50 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx 96. Any other intermediate commercial or professional use which is 1 comparable in nature with the (C-1) list of permitted uses and 2 consistent with the purpose and intent statement of the district, as 3 determined by the Hearing Examiner or Board of Zoning Appeals, 4 pursuant to LDC section 10.02.06 K. board of zoning appeals, 5 pursuant to section 10.08.00. 6 7 * * * * * * * * * * * * * 8 9 c. Conditional uses. The following uses are permissible as conditional uses 10 in the commercial intermediate district (C-3), subject to the standards and 11 procedures established in sections 4.02.02 and 10.08.00. 12 13 * * * * * * * * * * * * * 14 15 27. Any other intermediate commercial use which is comparable in 16 nature with the foregoing list of permitted uses and consistent with 17 the permitted uses and purpose and intent statement of the district, 18 as determined by the board of zoning appeals pursuant to section 19 10.08.00. 20 21 D. General Commercial District (C-4). The general commercial district (C-4) is intended to 22 provide for those types of land uses that attract large segments of the population at the 23 same time by virtue of scale, coupled with the type of activity. The purpose and intent of 24 the C-4 district is to provide the opportunity for the most diverse types of commercial 25 activities delivering goods and services, including entertainment and recreational 26 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 27 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 28 storage of merchandise and equipment is prohibited, except to the extent that it is 29 associated with the commercial activity conducted on-site such as, but not limited to, 30 automobile sales, marine vessels, and the renting and leasing of equipment. Activity 31 centers are suitable locations for the uses permitted by the C-4 district because most 32 activity centers are located at the intersection of arterial roads. Therefore the uses in the 33 C-4 district can most be sustained by the transportation network of major roads. The C-4 34 district is permitted in accordance with the locational criteria for uses and the goals, 35 objectives, and policies as identified in the future land use element of the Collier County 36 GMP. The maximum density permissible or permitted in a district shall not exceed the 37 density permissible under the density rating system. 38 39 1. The following uses, as defined with a number from the Standard Industrial 40 Classification Manual (1987), or as otherwise provided for within this section are 41 permissible by right, or as accessory or conditional uses within the general 42 commercial district (C-4). 43 44 a. Permitted uses. 45 46 * * * * * * * * * * * * * 47 48 142. Any other general commercial or professional use which is 49 comparable in nature with the (C-1) list of permitted uses and 50 consistent with the purpose and intent statement of the district, as 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx determined by the Hearing Examiner or Board of Zoning Appeals, 1 pursuant to LDC section 10.02.06 K.board of zoning appeals, 2 pursuant to section 10.08.00. 3 4 * * * * * * * * * * * * * 5 6 c. Conditional uses. The following uses are permitted as conditional uses in 7 the general commercial district (C-4), subject to the standards and 8 procedures established in section 10.08.00. 9 10 * * * * * * * * * * * * * 11 12 26. Any other general commercial use which is comparable in nature 13 with the foregoing list of permitted uses and consistent with the 14 permitted uses and purpose and intent statement of the district, as 15 determined by the board of zoning appeals pursuant to section 16 10.08.00. 17 18 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, 19 the heavy commercial district (C-5) allows a range of more intensive commercial uses and 20 services which are generally those uses that tend to utilize outdoor space in the conduct 21 of the business. The C-5 district permits heavy commercial services such as full-service 22 automotive repair, and establishments primarily engaged in construction and specialized 23 trade activities such as contractor offices, plumbing, heating and air conditioning services, 24 and similar uses that typically have a need to store construction associated equipment 25 and supplies within an enclosed structure or have showrooms displaying the building 26 material for which they specialize. Outdoor storage yards are permitted with the 27 requirement that such yards are completely enclosed or opaquely screened. The C-5 28 district is permitted in accordance with the locational criteria for uses and the goals, 29 objectives, and policies as identified in the future land use element of the Collier County 30 GMP. 31 32 1. The following uses, as identified with a number from the Standard Industrial 33 Classification Manual (1987), or as otherwise provided for within this section are 34 permissible by right, or as accessory or conditional uses within the heavy 35 commercial district (C-5). 36 37 a. Permitted uses. 38 39 * * * * * * * * * * * * * 40 41 183. Any other heavy commercial or professional use which is 42 comparable in nature with the (C-1) list of permitted uses and 43 consistent with the purpose and intent statement of the district, as 44 determined by the Hearing Examiner or Board of Zoning Appeals, 45 pursuant to LDC section 10.02.06 K.board of zoning appeals, 46 pursuant to section 10.08.00. 47 48 * * * * * * * * * * * * * 49 50 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx c. Conditional uses. The following uses are permissible as conditional 1 uses in the heavy commercial district (C-5), subject to the standards and 2 procedures established in section 10.08.00. 3 4 * * * * * * * * * * * * * 5 6 19. Any other heavy commercial use which is comparable in nature with 7 the foregoing list of permitted uses and consistent with the purpose 8 and intent statement of the district, as determined by the board of 9 zoning appeals pursuant to section 10.08.00. 10 * * * * * * * * * * * * * 11 # # # # # # # # # # # # # 12 13 2.03.04 – Industrial Zoning Districts 14 15 A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands 16 for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 17 Service and commercial activities that are related to manufacturing, processing, storage 18 and warehousing, wholesaling, and distribution activities, as well as commercial uses 19 relating to automotive repair and heavy equipment sales and repair are also permissible 20 in the I district. The I district corresponds to and implements the industrial land use 21 designation on the future land use map of the Collier County GMP. 22 1. The following uses, as identified within the Standard Industrial Classification 23 Manual (1987), or as otherwise provided for within this section, are permitted as 24 a right, or as accessory or conditional uses within the industrial district (I). 25 26 * * * * * * * * * * * * * 27 c. Conditional uses. The following uses are permitted as conditional uses 28 in the industrial district (I), subject to the standards and procedures 29 established in section 10.08.00. 30 31 * * * * * * * * * * * * * 32 26. Any other industrial use which is comparable in nature with the 33 foregoing list of permitted uses and consistent with the purpose 34 and intent statement of the district, as determined by the board of 35 zoning appeals pursuant to section 10.08.00. 36 37 B. Business Park District (BP). The purpose and intent of the business park district (BP) is to 38 provide a mix of industrial uses, corporate headquarters offices and business/professional 39 offices which complement each other and provide convenience services for the employees 40 within the district; and to attract businesses that create high value added jobs. It is intended 41 that the BP district be designed in an attractive park-like environment, with low structural 42 density and large landscaped areas for both the functional use of buffering and enjoyment 43 by the employees of the BP district. The BP district is permitted by the urban mixed use, 44 urban commercial, and urban-industrial districts of the future land use element of the 45 Collier County GMP. 46 47 1. The following uses, as identified within the latest edition of the Standard Industrial 48 Classification Manual, or as otherwise provided for within this section, are 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx permitted as of right, or as uses accessory to permitted primary or secondary uses 1 or are conditional uses within the business park district. 2 3 a. Permitted primary uses. One hundred percent of the total business park 4 district acreage is allowed to be developed with the following uses: 5 6 * * * * * * * * * * * * * 7 8 34. Any other use which is comparable in nature with the list of 9 permittedforgoing uses and is otherwise clearly consistent with the 10 intent and purpose and intent statement of the district, as 11 determined by the Hearing Examiner or Board of Zoning Appeals, 12 pursuant to LDC section 10.02.06 K. 13 14 15 # # # # # # # # # # # # # 16 17 2.03.05 - Civic and Institutional Zoning Districts 18 19 A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate 20 only local, state and federally owned or leased and operated government facilities that 21 provide essential public services. The P district is intended to facilitate the coordination of 22 urban services and land uses while minimizing the potential disruption of the uses of 23 nearby properties. 24 25 * * * * * * * * * * * * * 26 27 4. The following uses are permitted as of right, or as accessory or conditional uses, 28 in the public use district (P). 29 30 a. Permitted uses. 31 32 * * * * * * * * * * * * * 33 34 14. Any other public structures and uses which are comparable in 35 nature with the foregoing list of permitted uses, and consistent with 36 the purpose and intent statement of the district, as determined by 37 the Hearing Examiner or Board of Zoning Appeals, pursuant to LDC 38 section 10.02.06 K. 39 40 * * * * * * * * * * * * * 41 42 c. Conditional uses. The following uses are permissible as conditional uses 43 in the public use district (P), subject to the standards and procedures 44 established in section 10.08.00: 45 46 * * * * * * * * * * * * * 47 48 13. Any other public uses which are comparable in nature with the 49 foregoing uses. 50 * * * * * * * * * * * * * 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx # # # # # # # # # # # # # 1 2 2.03.07 – Overlay Zoning Districts 3 4 * * * * * * * * * * * * * 5 6 F. Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO). 7 8 * * * * * * * * * * * * * 9 10 2. These regulations apply to properties north and south of Golden Gate Parkway, 11 starting at Santa Barbara Boulevard and extending eastward to 52nd Terrace S.W. 12 in Golden Gate City as measured perpendicularly from the abutting right-of-way 13 for a distance of approximately 3,600 feet more or less and consisting of 14 approximately 20.84 acres. These properties are identified on Map two (2) of the 15 Golden Gate Area Master Plan. Except as provided in this regulation, all other use, 16 dimensional, and development requirements shall be as required in the underlying 17 zoning categories. 18 19 a. Permitted Uses. 20 21 * * * * * * * * * * * * * 22 23 42. Any other commercial use or professional service which is 24 comparable in nature with the foregoing list of permitted uses, and 25 consistent with the purpose and intent statement of the overlay, as 26 determined by the Hearing Examiner or Board of Zoning Appeals, 27 pursuant to LDC section 10.02.06 K. 28 29 30 * * * * * * * * * * * * * 31 32 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 33 distinct subdistricts for the purpose of establishing development criteria suitable for the 34 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 35 Urban Overlay District are delineated on the maps below. 36 37 * * * * * * * * * * * * * 38 39 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in 40 the Immokalee Area Master Plan; referenced on Map 7; and further identified by 41 the designation "MSOSD" on the applicable official Collier County Zoning Atlas 42 Maps. The purpose of this designation is to encourage development and 43 redevelopment by enhancing and beautifying the downtown Main Street area 44 through flexible design and development standards. 45 46 * * * * * * * * * * * * * 47 48 e. Conditional uses. 49 50 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx 1. Conditional uses of the underlying zoning districts contained within 1 the subdistrict, subject to the standards and procedures 2 established in section 10.08.00 and as set forth below: 3 4 * * * * * * * * * * * * * 5 6 iii. The following conditional uses may be permitted only on 7 properties with frontage on North First Street, South First 8 Street, and North Ninth Street within the Main Street 9 Overlay Subdistrict: 10 11 * * * * * * * * * * * * * 12 13 j. Any other heavy commercial use which is 14 comparable in nature with the foregoing uses and 15 is deemed consistent with the intent of this 16 Subdistrict. 17 18 # # # # # # # # # # # # # 19 20 10.02.06 – Requirements for Permits 21 22 A. Generally. Any permit submitted to the County must meet the requirements for that 23 particular permit, as more specifically stated below. 24 25 * * * * * * * * * * * * * 26 27 J. Zoning Verification Letter. 28 1. A zoning verification letter may be used to verify the zoning of a property according 29 to the Collier County Zoning Map, the Future Land Use Map, and the Growth 30 Management Plan and establish the following determinations. 31 a. Generally. The County Manager or designee may issue a zoning 32 verification letter that verifies the zoning of a property. Additional 33 information may be requested about the subject property, including but not 34 limited to the following: 35 i. Allowable uses and development standards applicable to the 36 property under the LDC; 37 ii. Zoning of adjacent properties; 38 iii. Confirmation of any site development plan, conditional use, or 39 variance approved for the property; and 40 iv. The nonconforming status of the property. 41 b. Comparable Use Determination. The County Manager or designee may 42 issue a zoning verification letter to determine whether a use within a PUD 43 is consistent and compatible with the surrounding uses within the PUD. To 44 be effective, the zoning verification letter shall be approved by the BCC by 45 resolution at an advertised public hearing. 46 c. b. Non-residential Farm Building Exemption. The County Manager or 47 designee, in coordination with the Collier County Building Official, may 48 issue a zoning verification letter to establish that a non-residential farm 49 building and/or fence is exempt from the Florida Building Code. However, 50 the exemption applies to the structure and does not exempt the applicant 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 12 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx from obtaining the necessary electrical, plumbing, mechanical, or gas 1 permits for the structure. 2 d. c. Administrative Fence Waiver. The County Manager or designee may issue 3 a zoning verification letter to approve an administrative fence waiver under 4 LDC section 5.03.02 F.5.a. 5 2. The Administrative Code shall establish the process and application submittal 6 requirements to obtain a zoning verification letter. 7 8 * * * * * * * * * * * * * 9 10 K. Comparable Use Determination. 11 1. A Comparable Use Determination may be used to determine whether a use is 12 comparable in nature with the list of permitted uses, and the purpose and intent 13 statement of the zoning district, overlay, or PUD. 14 15 2. To be effective, the Comparable Use Determination shall be approved by the 16 Hearing Examiner, or Board of Zoning Appeals, by resolution at an advertised 17 public hearing based on the following standards: 18 19 a. The proposed use possesses similar characteristics to other permitted 20 uses in the zoning district, overlay, or PUD, including but not limited to the 21 following: 22 i. Operating hours; 23 ii. Traffic volume generated/attracted; 24 iii. Type of vehicles associated with the use; 25 iv. Number and type of required parking spaces; and 26 v. Business practices and activities. 27 28 b. The effect of the proposed use would have on neighboring properties in 29 relation to the noise, glare, or odor effects shall be comparable to other 30 permitted uses in the zoning district, overlay, or PUD. 31 32 c. The proposed use is consistent with the GMP, meaning the applicable 33 future land use designation does not specifically prohibit the proposed use, 34 and, where the future land use designation contains a specific list of 35 allowable uses, the proposed use is not omitted. 36 37 d. Any additional relevant information as may be required by County Manager 38 or Designee. 39 40 3. The Administrative Code shall establish the process and application submittal 41 requirements to obtain a Comparable Use Determination. 42 43 # # # # # # # # # # # # # 44 45 10.03.06 Public Notice and Required Hearings for Land Use Petitions 46 47 * * * * * * * * * * * * * 48 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 13 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx O. Affirmation or approval of a Comparable Use Determination pursuant to LDC section 1 10.02.06 K. Zoning Verification Letter that allows a new use that is comparable, 2 compatible, and consistent within a PUD. 3 1. The following advertised public hearings are required: 4 a. One BCC or Hearing Examiner hearing. 5 2. The following notice procedures are required: 6 a. Newspaper Advertisement prior to the advertised public hearing in 7 accordance with F.S. § 125.66. 8 9 * * * * * * * * * * * * * 10 # # # # # # # # # # # # #11 Attachment A – Amendment History and PUD Language 14 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx Amendment History • Ordinance 91-102 states within each commercial zoning district’s list of permitted uses: o C-1/T “Any other commercial use of professional services which is comparable in nature with the foregoing uses” o C-2 “Any other convenience commercial use which is comparable in nature with the foregoing uses.” o C-3 “Any other general commercial use which is comparable in nature with the foregoing uses” o C-4 “Any other general commercial use which is comparable in nature with the foregoing uses.” o C-5 “Any other heavy commercial use which is comparable in nature with the foregoing uses.” • Ordinance 93-89 modified the following language: o C-1/T “Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. o C-2 “Any other convenience commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the district.” o C-3 “Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, and service and office purposes consistent with the permitted uses and purpose and intent statement of the district.” o C-4 “Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, and service and office purposes consistent with the permitted uses and purpose and intent statement of the district.” o C-5 “Any other heavy commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and intent and purpose statement of the district.” • Ordinance 2002-03 introduced language included in current LDC section 2.03.00 • Ordinance 2002-31 removed the comparable use language under the permitted uses sections and relocated to conditional uses while also adding a reference that the determination is made by the BZA and removed language that was introduced in the 2002- 03 ordinance, as described above. o No clear explanation on amendment staff report as to why the change was needed • Ordinance 2003-01 added back to the C-1 district: “Any other commercial use or professional services which is comparable in the nature with the foregoing uses including Attachment A – Amendment History and PUD Language 15 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office.” o No clear explanation on amendment staff report as to why the change was needed Existing Standards Existing PUDs Mini-Triangle PUD (Ord. 18-25): Creekside Commerce Park (Ord. 18-19) Ford Test Center (Ord. 84-4) Immokalee Regional Airport (Ord. 10-07) Kings Lake (Ord. 08-67) Olde Cypress PUD (00-37) Orange Tree PUD (12-09) Attachment B – Administrative Code 16 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx G.6 L . Zoning Verification Letter – PUD Comparable Use Determination Reference LDC subsections 2.03.00 A, 10.02.06 JK, LDC Public Notice subsection 10.03.06 O, LDC section 8.10.00 and F.S. §125.66. Applicability A Zoning Verification LetterComparable Use Determination may be used to make a determination that a new use is comparable, compatible, and consistent with the list of identified permitted and conditional uses in a standard zoning district, overlay, or a PUD ordinance. Depending on PUD ordinance language, one of the following methods of consent by the Hearing Examiner will occur: 1. If the PUD ordinance language identifies the BZA as the authority to determine a use is comparable, compatible, and consistent, the Zoning Verification Letter will be brought to Hearing Examiner for approval of the det ermination. 2. If the PUD ordinance language identifies the Planning Director (or other similar County staff) as the authority to determine a use is comparable, compatible, and consistent, the Zoning Verification Letter will be brought to Hearing Examiner for affirmation of the determination. Pre-Application A pre-application meeting is not required. Initiation The applicant files a “Zoning Verification LetterComparable Use Determination Application” with the Planning & Zoning Division. Application Contents The application must include the following: 1. Applicant contact information. 2. Property information, including: • Site folio number; • Site Address; • Property owner’s name; and • Verification being requested. 3. A narrative statement that describes tThe determination request,and the justification for the use by a certified land use planner or a land use attorney, and addresses the standards within LDC section 10.02.06 K.2. 4. Additional materials may be requested by staff depending on the use and justification provided. 5. PUD Ordinance and Development Commitment information, if applicable. 6. Electronic copies of all documents. 7. Addressing checklist. Completeness and Processing of Application The Planning & Zoning Division will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXPL201200000) assigned to the petition. This Attachment B – Administrative Code 17 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Comparable Use Determinations\Drafts\LDC Amendment Draft Comparable Use Determinations Process 7-17-19.docx petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper of general circulation. The legal advertisement shall include: • Date, time, and location of the hearing; • Application number and project name; • PUD name and ordinance number; • Proposed permitted use; and • Whether the use will be approved or affirmed by the Hearing Examiner; and • Description of location. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner or the BZA. If the PUD ordinance language identifies the BZA or the Planning Director (or other similar County staff) as the authority to determine a use is comparable, compatible, and consistent, a Staff Report will be presented to the Office of the Hearing Examiner for approval of the Comparable Use Determination. Review Process The Planning & Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a Staff Report to present to the Office of the Hearing Examiner for a decision. Appeal Appeal of a Comparable Use Determination shall be pursuant to Code of Laws and Ordinances section 250-58. Updated 1 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190001185 SUMMARY OF AMENDMENT This amendment facilitates the creation of a new Administrative Code section for Stewardship Receiving Area (SRA) petitions by adding procedural requirements to the Administrative Code. There are no substantive changes intended as a part of this amendment. LDC SECTION TO BE AMENDED 4.08.07 SRA Designation ORIGIN Growth Management Department HEARING DATES BCC TBD CCPC TBD DSAC 08/07/19 DSAC-LDR 06/18/2019 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approved DSAC TBD CCPC TBD BACKGROUND Collier County Staff is currently undergoing a comprehensive update to the Collier County Administrative Code for Land Development (Administrative Code). As a part of this update, a new section will be added with submittal requirements and procedures for SRA applications. This amendment provides cross-references to provisions which will be located in the Administrative Code. Additional minor changes to remove gendered pronouns, update an outdated divisional reference, and correct a code citation are also included. There are no substantive changes intended as a part of this amendment. DSAC-LDR Subcommittee Recommendation The DSAC-LDR Subcommittee recommended approval of the proposed LDC Amendment with one change that has been incorporated into the text: All timeframes regarding application sufficiency, review, and staff reports are to remain within the LDC, and may be duplicated within the Administrative Code. FISCAL & OPERATIONAL IMPACTS This amendment will provide more guidance to applicants and staff as to the submittal requirements for SRA applications. There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY This amendment is deemed consistent with the Future Land Use Element of the GMP. EXHIBITS: A) Proposed Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 2 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx Amend the LDC as follows: 1 4.08.07 – SRA Designation 2 3 * * * * * * * * * * * * * 4 5 D. SRA Designation Application Package. A Designation Application Package to support a 6 request to designate land(s) within the RLSA District as an SRA shall be made pursuant 7 to the regulations of the RLSA District Regulations. The SRA Application Package shall 8 include the following: 9 10 1. SRA Designation Application. An application shall be submitted by a landowner or 11 his/her the landowner’s agent, hereafter "applicant," to request the designation of 12 an SRA within the RLSA District. The Aapplication shall be submitted to the County 13 mManager or his designee, on a form provided. The application shall be 14 accompanied by the documentation as required by this Section and the 15 Administrative Code. 16 17 * * * * * * * * * * * * * 18 19 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant 20 as part of the SRA Application for Designation of an SRA. The SRA Master Plan 21 shall be consistent with the requirements of Section 4.08.07 G. and the 22 Administrative Code. 23 24 6. SRA Development Document. A Development Document shall be prepared and 25 submitted by the applicant as part of the SRA Application for Designation of an 26 SRA. The SRA Development Document shall be consistent with the requirements 27 of Section 4.08.07 H. and the Administrative Code. 28 29 * * * * * * * * * * * * * 30 31 9. Stewardship Credit Use and Reconciliation Application. A Credit Use and 32 Reconciliation Application shall be submitted as part of an SRA Designation 33 Application in order to track the transfer of credits from SSA(s) to SRA(s). The 34 Stewardship Credit Use and Reconciliation Application shall be in a form provided 35 by the County Manager, or his designee. The application package shall contain 36 the following: 37 38 * * * * * * * * * * * * * 39 40 E. SRA Application Review Process. 41 42 1. Pre-Application Conference with County Staff: Prior to the submission of a formal 43 application for SRA designation, the applicant shall attend a pre-application 44 conference with the County Manager or his designee and other county staff, 45 agencies, and officials involved in the review and processing of such applications 46 and related materials. If an SRA designation application will be filed concurrent 47 with an SSA application, only one pre-application conference shall be required. 48 This pre-application conference should address, but not be limited to, such matters 49 as: 50 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx 1 * * * * * * * * * * * * * 2 3 2. Application Package Submittal and Processing Fees. The required number of SRA 4 Applications and the associated processing fee shall be submitted to the County 5 Manager or his designee. The contents of said application package shall be in 6 accordance with LDC Section 4.08.07 D. and the Administrative Code. 7 8 3. Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the 9 SRA Application, the County manager or his designee shall notify the applicant in 10 writing that the application is deemed sufficient for agency review or advise what 11 additional information is needed to find the application sufficient. If required, the 12 applicant shall submit additional information. Within twenty (20) days of receipt of 13 the additional information, the County Manager or his designee shall notify the 14 applicant in writing that the application is deemed sufficient, or, what additional or 15 revised information is required. If necessary, the County Manager shall again 16 inform the applicant in writing of information needed, and the timeframe outlined 17 herein shall occur until the application is found sufficient for review. 18 19 4. Review by County Reviewing Agencies: Once the SRA application is deemed 20 sufficient, the County Manager or his designee will distribute it to specific County 21 review staff. 22 23 5. Staff Review. Within sixty (60) days of receipt of a sufficient application, County 24 staff shall review the submittal documents and provide comments, questions, 25 and clarification items to the applicant. If deemed necessary by County staff or 26 the applicant, a meeting shall be held to address outstanding issues and 27 confirm public hearing dates. 28 29 6. Staff Report. Within ninety (90) days from the receipt of a sufficient application, 30 County staff shall prepare a written report containing their review findings and a 31 recommendation of approval, approval with conditions or denial. This timeframe 32 may be extended upon agreement of County staff and the applicant. 33 34 7. Public notice and required hearings shall be as established in LDC section 35 10.03.06 M. 36 37 * * * * * * * * * * * * * 38 39 F. SRA Application Approval Process. 40 41 * * * * * * * * * * * * * 42 43 4. SRA Amendments. Amendments to the SRA shall be considered in the same 44 manner as described in this Section for the establishment of an SRA, except as 45 follows: 46 47 a. Waiver of Required SRA Application Package Component(s). A waiver 48 may be granted by the County Manager or his designee, if at the time of 49 the pre-application conference, in the determination of the County Manager 50 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx or designee, the original SRA Designation Application component(s) is 1 (are) not materially altered by the amendment or an updated component is 2 not needed to evaluate the amendment. The County Manager or designee 3 shall determine what application components and associated 4 documentation are required in order to adequately evaluate the 5 amendment request. 6 7 * * * * * * * * * * * * * 8 9 c. Insubstantial change determination. An insubstantial change includes any 10 change that is not considered a substantial or minor change. An 11 insubstantial change to an approved SRA Development Document or 12 master plan shall be based upon an evaluation of LDC subsection 4.08.07 13 F.4.b., above and shall require the review and approval of the Hearing 14 Examiner or Planning Commission. The approval shall be based on the 15 findings and criteria used for the original application and be an action taken 16 at a regularly scheduled meeting. 17 18 (1) The applicant shall provide the Planning and Zoning Department 19 Director County Manager or designee documentation which 20 adequately describes the proposed changes as described in the 21 Administrative Code. 22 23 d. Approval of Minor Changes by County Manager or Designee. The County 24 Manager or designee shall be authorized to approve minor changes and 25 refinements to an SRA Master Plan or Development Document upon 26 written request of the applicant. Minor changes and refinements shall be 27 reviewed by appropriate County staff to ensure that said changes and 28 refinements are otherwise in compliance with all applicable County 29 ordinances and regulations prior to the County Manager or designee's 30 consideration for approval. The following limitations shall apply to such 31 requests: 32 33 * * * * * * * * * * * * * 34 35 G. Master Plan. To address the specifics of each SRA, a master plan of each SRA will be 36 prepared and submitted to Collier County as a part of the petition for designation as an 37 SRA. The master plan will demonstrate that the SRA complies with all applicable GMP 38 policies and the RLSA District and is designed so that incompatible land uses are directed 39 away from lands identified as FSAs, HSAs, WRAs, and Conservation Lands on the RLSA 40 Overlay Map. 41 42 1. Master Plan Requirements. A master plan shall accompany an SRA Designation 43 Application to address the specifics of each SRA. The master plan shall 44 demonstrate that the SRA is designed so that incompatible land uses are directed 45 away from lands identified as FSAs, HSAs, WRAs and Conservation Lands on the 46 RSLA Overlay Map. The plan shall be designed by an urban planner who 47 possesses an AICP certification, together with at least one of the following: 48 49 a. A professional engineer (P.E.) with expertise in the area of civil engineering 50 licensed by the State of Florida; 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx 1 b. A qualified environmental consultant per Chapter 10 of the LDCLDC 2 section 3.08.00 A.2.; or 3 4 c. A practicing architect licensed by the State of Florida. 5 6 * * * * * * * * * * * * * 7 8 H. Development Document. Data supporting the SRA Master Plan, and describing the SRA 9 application, shall be in the form of a Development Document that shall consist of the 10 information listed below and in the Administrative Code, unless determined at the required 11 pre-application conference to be unnecessary to describe the development strategy. 12 13 1. The document shall be prepared by an urban planner who possesses an AICP 14 certification, together with at least one of the following: 15 16 a. A professional engineer (P.E.) with expertise in the area of civil engineering 17 licensed by the State of Florida; 18 19 b. A qualified environmental consultant per Chapter 10 of the LDCLDC 20 section 3.08.00 A.2.; or 21 22 c. A practicing landscape architect licensed by the State of Florida. 23 24 * * * * * * * * * * * * * 25 # # # # # # # # # # # # # 26 27 Exhibit A – Proposed Administrative Code Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx C. Stewardship receiving area (SRA) C.1. SRA Designation Reference LDC section 4.08.07, LDC Public Notice section 10.03.06 M and F.S. § 163.3202.  See LDC subsection 4.08.07 B for Establishment and Transfer of Stewardship Credits Applicability This procedure applies to a request for the designation of a SRA. Pre-Application A pre-application meeting is required. The pre-application meeting with the Zoning Division may address, but is not limited to, the matters set forth in LDC section 4.08.07 E.1. Initiation The applicant files a “Stewardship Receiving Area (SRA) Designation Application” with the Zoning Division. See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Contents The application must include the following information: 1. Applicant contact information. 2. Addressing checklist. 3. Name of project. 4. Property Ownership Disclosure form. 5. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy, indicate the date of the option, the date the option terminates, and anticipated closing date. 6. Property information, including: a. Section, township and range; b. Zoning districts; c. General location and cross streets; d. Property identification numbers; e. Total area of project in acres; and f. Previously approved or pending petition numbers affecting the property. 7. Adjacent zoning and land use designations. 8. A list of consultants, including name, phone number, and mailing address. 9. Stewardship Credit Use and Reconciliation Application.  See Stewardship Credit Use and Reconciliation Application Contents below. 10. A Stewardship Receiving Area Credit Agreement as described in LDC section 4.08.07 D.11.b. Exhibit A – Proposed Administrative Code Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx 11. The SRA Development Document, with all required Exhibits.  See SRA Development Document Contents below. 14. An SRA Public Facilities Impact Assessment Report as described in LDC section 4.08.07 K. 15. An SRA Economic Assessment Report as described in LDC section 4.08.07 L. 16. Electronic copy of all documents. 17. Affidavit of Authorization. Stewardship Credit Use and Reconciliation Application Contents The Stewardship Credit Use and Reconciliation Application shall contain the following, pursuant to LDC section 4.08.07 D.9.: 1. The legal description of, or descriptive reference to, the SRA to which the S tewardship Credits are being transferred. 2. Total number of acres within the proposed SRA and the total number of acres of the proposed SRA within the ACSC (if any). 3. Number of acres within the SRA designated “public use” that do not require the redemption of Stewardship Credits in order to be entitled (does not consume credits). 4. Number of acres of “excess” open spaces within the SRA that do not require the consumption of credits. 5. Number of acres of WRAs inside the SRA boundary but not included in the SRA designation. 6. Number of acres within the SRA that consume credits. 7. The number of Stewardship Credits being transferred to (consumed by) the SRA and documentation that the applicant has acquired or has a contractual right to acquire those Stewardship Credits. 8. The number of acres to which credits are to be transferred (consumed) multiplied by 8 Credits/ acre equals the number of Credits to be transferred (consumed). 9. A descriptive reference to one or more approved or pending SSA Designation Applications from which the Stewardship Credits are being obtained. Submit copies of SSA Stewardship Credit Agreement and related documentation, including: a. SSA Application Number; b. Pending companion SRA Application Number; c. SSA Designation Resolution (or Resolution Number); d. SSA Credit Agreement (Stewardship Agreement); and e. Stewardship Credits Database Report. 10. A descriptive reference to any previously approved Stewardship Credit Use and Reconciliation Applications that pertain to the referenced SSA(s) from which the Stewardship Credits are being obtained. 11. A summary table in a form provided by Collier County that identifies the exchange of all Stewardship Credits that involve the SRA and all of the associated SSAs from which the Stewardship Credits are being obtained. Exhibit A – Proposed Administrative Code Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx SRA Development Document Contents The SRA Development Document shall be prepared by a planner, together with at least one of the following: a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida, a qualified environmental consultant per LDC section 3.08.00 A.2., or a practicing landscape architect licensed by the State of Florida. The Development Document shall include, as applicable, the following information pursuant to LDC section 4.08.07 H.: 1. Title page to include name of project. 2. Index/table of contents. 3. Exhibit A. Identification of all proposed land uses within each tract or increment describing: acreage; proposed number of dwelling units; proposed density and percentage of the total development represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leasable floor area within the individual tracts or increments. 4. Exhibit B. Design standards for each type of land use proposed within the SRA. Design standards shall be consistent with the Design Criteria contained in LDC section 4.08.07 J. 5. Exhibit C. SRA Master Plan.  See SRA Master Plan Contents below. 6. Exhibit D. Legal description of the SRA boundary, and for any WRAs encompassed by the SRA. 7. Exhibit E. The Development Document, including any amendments, may request deviations from the LDC. The Development Document application shall identify all proposed deviations including justification and any proposed alternatives. See LDC section 4.08.07 J.8 for the deviation requirements and criteria. 8. Exhibit F. Planning and Commitment information, with the following included: a. The proposed schedule of development, and the sequence of phasing or incremental development within the SRA, if applicable; b. The location and nature of all existing or proposed public facilities (or sites), such as schools, parks, fire stations and the like; c. A plan for the provision of all needed utilities to and within the SRA; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances; d. Agreements, provisions, or covenants, which govern the use, maintenance, and continued protection of the SRA and any of its common areas or facilities; and e. Development commitments for all infrastructure. 9. Exhibit G. A Natural Resource Index Assessment.  See Natural Resource Index Assessment Contents below. 10. Exhibit H. Development Document amendment provisions. 11. Exhibit I. Property Information, with the following information included: a. Statement of compliance with the RSLA Overlay and the RLSA District Regulations. Exhibit A – Proposed Administrative Code Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx b. General location map showing the location of the site within the boundaries of the RLSA Overlay Map and in relation to other designated SRAs and such external facilities as highways. c. Property ownership and general description of site (including statement of unified ownership). d. Description of project development. e. The overall acreage of the SRA that requires the consumption of Stewardship Credits and proposed gross density for the SRA. 12. Typical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA. 13. When determined necessary to adequately assess the compatibility of proposed uses within the SRA to existing land uses, their relationship to agriculture uses, open space, recreation facilities, or to assess requests for deviations from the Design Criteria standards, the County Manager or designee may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate. 14. Development Document amendment provisions. 15. Documentation or attestation of professional credentials of individuals preparing the development document. SRA Master Plan Contents The SRA Master Plan shall be designed by a planner, together with at least one of the following: A professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida, a qualified environmental consultant per LDC section 3.08.00 A.2., or a practicing architect licensed by the State of Florida. At a minimum, the Master Plan shall include the following, pursuant to LDC section 4.08.07 G.: 1. The title of the project and name of the developer. 2. Scale, date, north arrows. 3. Location map that identifies the relationship of the SRA to the entire RLSA District, including other designated SRAs. 4. Boundaries of the subject property. Indicating all existing roadways within and adjacent to the site, watercourses, easements, section lines, and other important physical features within and adjoining the proposed development. 5. Identification of all proposed tracts or increments within the SRA such as, but not limited to: residential, commercial, industrial, institutional, conservation/ preservation, lakes and/or other water management facilities, the location and function of all areas proposed for dedication or to be reserved for community and/or public use, and areas proposed for recreational uses including golf courses and related facilities. 6. Identification, location and quantification of all wetland preservation, buffer areas, and open space areas. 7. The location and size (as appropriate) of all proposed drainage, water, sewer, and other utility provisions. 8. The location of all proposed major internal rights of way and pedestrian access ways; Exhibit A – Proposed Administrative Code Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx 9. Typical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA. 10. Identification of any WRAs that are contiguous to or incorporated within the boundaries of the SRA. 11. Documentation or attestation of professional credentials of individuals preparing the master plan. Natural Resource Index Assessment Contents The Assessment shall include an analysis that quantifies the number of acres by Index Values, pursuant to LDC section 4.08.07 D.3. The Assessment shall: 1. Identify all lands within the proposed SRA that have an Index Value greater than 1.2. 2. Verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial photography or satellite imagery or agency-approved mapping, or other documentation, as verified by field inspections. 3. If the Index Value scores assigned during the RLSA Study are no longer valid, document the current Index Value of the land. 4. Quantify the acreage of agricultural lands, by type, being converted. 5. Quantify the acreage of non-agricultural acreage, by type, being converted. 6. Quantify the acreage of all lands by type within the proposed SRA that have an Index Value greater than 1.2. 7. Quantify the acreage of all lands, by type, being designated as SRA within the ACSC, if any. 8. Demonstrate compliance with the Suitability Criteria contained in LDC section 4.08.07 A.1. 9. Natural Resource Index Assessment Support Documentation pursu ant to LDC section 4.08.07 D.4, including: a. Legal Description, including sketch or survey; b. Acreage calculations of lands being put into the SRA, including acreage calculations of WRAs (if any) within SRA boundary but not included in SRA designation; c. RLSA Overlay Map delineating the area of the RLSA District being designated as an SRA; d. Aerial photograph delineating the area being designated as an SRA; e. Natural Resource Index Map of area being designated as an SRA; f. FLUCFCS map(s) delineating the area being designated as an SRA; g. Listed species map(s) delineating the area being designated as an SRA; h. Soils map(s) delineating the area being designated as an SRA; and i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate. Exhibit A – Proposed Administrative Code Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx Completeness and Processing of Application See Chapter 1 D. for information regarding the completeness and processing steps of the application. After the application is filed, pre-hearing conferences may be held between the applicant, the applicant’s agents, county officials, and county staff prior to the public hearing. Review Timeframe Within thirty (30) days of receipt of the SRA Application, the applicant will be notified in writing that the application is complete and sufficient for review. If required, the applicant shall submit additional information. Within twenty (20) working days of receipt of the additional information the applicant will be notified if the application is complete. Staff review and written comments shall be submitted to the applicant sixty (60) days after sufficiency has been determined. Staff shall provide a written report containing their findings and recommendations of approval, approval with conditions or denial within ninety (90) days after sufficiency is determined. Notice Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Title of the proposed resolution; c. Location(s) within the County where the proposed resolution and agreement may be inspected by the public; d. General description of the proposed land uses; e. 2 in. x 3 in. map of the project location; and f. Notification that interested parties may appear at the meeting and be heard with respect to the proposed resolution. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Exhibit A – Proposed Administrative Code Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\SRA\Drafts\LDC Section 4.08.07 SRA Designation 7-23-19.docx Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process The Zoning Division will review the application and identify whether additional materials are needed. Staff will prepare a report pursuant to LDC section 4.08.07 E. Staff will schedule a hearing date before the Planning Commission to present the petition. Following the Planning Commission’s review, Staff will prepare an Executive Summary and will schedule a hearing date before the BCC to present the petition. Updated 1 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\NAP\Drafts\Nominal Application Process LDC Section 10.02.03 6-25-19.docx REV. 7/3/2019 LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190001257 SUMMARY OF AMENDMENT This amendment codifies the Nominal Application Process (NAP), a more streamlined review of limited, minor changes to approved SDPs and SIPs, or to sites without an existing SDP or SIP. LDC SECTIONS TO BE AMENDED 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof ORIGIN Growth Management Department HEARING DATES BCC TBD CCPC TBD DSAC TBD DSAC-LDR 06/18/2019 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approved DSAC TBD CCPC TBD BACKGROUND Currently, all development, except as identified in LDC section 10.02.03 A.3, is required to comply with an approved Site Development Plan (SDP) or Site Improvement Plan (SIP) prior to a building permit or certificate of occupancy being issued. This requirement ensures that all development is designed and constructed in compliance with all the relevant provisions of the LDC. Throughout the development process, development plans may change, or errors may be found in approved SDPs or SIPs, requiring an amendment or insubstantial change. Frequently, proposed changes to these plans would have minimal impacts to the overall development and do not warrant the same level of review as SDPs, SIPs, or amendments thereof. In these instances, staff has used an alternative process that allows for limited staff review, abbreviated review timeframes (five days), lower fees, and the ability to exchange sheets without resubmitting the entire plan set when appropriate. In conjunction with an Administrative Code amendment (See Attachment A), this LDC amendment codifies a Nominal Application Process (NAP), for certain types of scrivener’s errors that do not include changes to the site layout, and the following four changes or modifications: • Mechanical air equipment and subsequent concrete pads; • Permanent emergency generators; • Above- or below-ground fuel tanks; or • Carports or shade structures that do not increase impervious area calculations. DSAC-LDR Subcommittee Recommendation The DSAC-LDR Subcommittee recommended approval of the LDC amendment, as presented. 2 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\NAP\Drafts\Nominal Application Process LDC Section 10.02.03 6-25-19.docx REV. 7/3/2019 FISCAL & OPERATIONAL IMPACTS This amendment codifies an existing review process, therefore there are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY To be completed by Comprehensive Planning Staff after first review. ATTACHMENTS: A) Proposed Administrative Code Section DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\NAP\Drafts\Nominal Application Process LDC Section 10.02.03 6-25-19.docx REV. 7/3/2019 Amend the LDC as follows: 1 10.02.03 - Requirements for Site Development, Site Improvement Plans and Amendments 2 thereof 3 4 A. Generally. 5 6 1. Purpose. The intent of this section is to ensure compliance with the appropriate 7 land development regulations prior to the issuance of a building permit. This 8 section is further intended to ensure that the proposed development complies 9 with fundamental planning an d design principles such as: consistency with the 10 county's growth management plan; the layout, arrangement of buildings, 11 architectural design and open spaces; the configuration of the traffic circulation 12 system, including driveways, traffic calming devices, parking areas and 13 emergency access; the availability and capacity of drainage and utility facilities; 14 and, overall compatibility with adjacent development within the jurisdiction of 15 Collier County and consideration of natural resources and proposed impac ts on 16 those resources. 17 18 2. Applicability. All development, except as identified in LDC section 10.02.03 A.3, 19 is subject to the provisions of this section. 20 21 a. No building permit or certificate of occupancy shall be issued except in 22 compliance with the following:approved site development plan, site 23 improvement plan, amendment thereof, or pursuant to an approved 24 Early Construction Authorization permit. 25 i. Approved site development plan or site improvement plan, and 26 amendment thereof; 27 28 ii. Approved nominal application process; or 29 30 iii. Approved early construction authorization permit. 31 32 b. No final local development order shall be issued or renewed for any 33 regulated development that would allow development or change in use 34 in violation of the LDC. 35 36 c. All final local development orders issued in violation of the LDC are 37 deemed invalid, and shall not confirm or vest any development right or 38 property interest on the owner/operator or regulated development. 39 40 d. Violation of the terms identified in the approved site development plan, 41 site improvement plan, and amendments thereof shall constitute a 42 violation of the LDC. 43 44 45 * * * * * * * * * * * * * 46 47 E. Site Improvement Plan Requirements (SIP). 48 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\NAP\Drafts\Nominal Application Process LDC Section 10.02.03 6-25-19.docx REV. 7/3/2019 1. Criteria for site improvement plan review. A site improvement plan may be 1 reviewed if the development proposal meets all of the following criteria: 2 3 a. The project involves a site which is currently improved with principal 4 structures, parking facilities, water and sewer services, and defined 5 ingress/egress. 6 7 b. The proposed use will not require an expansion of the existing 8 impervious areas to a degree which would require an engineering review 9 or otherwise affect on-site surface water management facilities as may 10 be documented by waiver letters from the South Flor ida Water 11 Management District or Collier County where applicable. 12 13 c. Written documentation from appropriate agencies acknowledging that 14 water and sewer services are available at the site and are adequate to 15 serve the proposed use. 16 17 d. Public utility anc illary systems in Collier County will be permitted as 18 insubstantial changes to the Site Development Plan or Site Improvement 19 Plan approved for the water treatment plant, wastewater treatment plant 20 or other facility to which the public utility ancillary systems are 21 subordinate, provided that the requirements of Section 5.05.12 are met. 22 More than one (1) ancillary use may be permitted with one (1) application 23 provided that all uses are connected by the same pipeline. The 24 insubstantial change submittal shall i nclude a signed and sealed 25 boundary survey of the property or lease parcel; a copy of recorded deed 26 or lease agreement; a recent aerial photograph of the project area; a 27 master plan showing all public utility ancillary systems subordinate to the 28 main water treatment plant, wastewater treatment facility, or irrigation 29 quality (IQ) system; and a site plan prepared on a twenty -four inch by 30 thirty-six inch sheet drawn to scale and setting forth the following 31 information: 32 33 i. The project title, utility owner, a ddress and telephone number. 34 35 ii. Legal description, scale, and north arrow. 36 37 iii. Zoning designation of the subject site(s) and adjacent sites and 38 the proposed use of the subject site. 39 40 iv. Location, configuration and dimensions of all building and lot 41 improvements. 42 43 v. Location and dimension of access point(s) to the site. 44 45 vi. Location of existing and proposed landscaping with 46 specifications as to size, quantity and type of vegetation. 47 48 vii. All required and provided setbacks and separations between 49 structures in matrix form. 50 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\NAP\Drafts\Nominal Application Process LDC Section 10.02.03 6-25-19.docx REV. 7/3/2019 viii. Any additional relevant information as may be required by the 1 County Manager or designee. 2 3 e. The change does not otherwise qualify for a Nominal Application 4 Process (NAP), identified in LDC section 10.02.03 G.3. 5 6 23. Application for site improvement plans. A pre -application meeting shall be 7 conducted by the County Manager or designee, prior to the submission of any 8 site improvement plan for review. This meeting may be waived by the County 9 Manager or designee upon the r equest of the applicant. 10 11 a. The Administrative Code shall establish the process and submittal 12 requirements for site improvement plans. 13 14 b. Projects subject to the provisions of LDC section 5.05.08 shall submit 15 architectural drawings that are signed and sealed by a licensed architect 16 registered in the State of Florida. 17 18 c. The engineering plans shall be signed and sealed by the applicant's 19 professional engineer, licensed to practice in the State of Florida. 20 21 d. The landscaping plans shall be signed and sealed by the applicant's 22 landscape architect, registered in the State of Florida. 23 24 34. Site improvement plan completion. Upon completion of the required 25 improvements associated with a site improvement plan, and prior to the 26 issuance of a certificate of occupancy, the applicant's engineer shall provide a 27 completion certificate as to the improvements, together with all applicable items 28 referenced in LDC section 10.02.05 B.2. Upon a satisfactory inspection of the 29 improvements, a certificate of occupancy may then be issued. 30 31 * * * * * * * * * * * * * 32 33 G. Amendments and insubstantial changes. Any proposed change or amendment to a 34 previously approved site development plan shall be subject to review and approval by 35 the County Manager or designee. Upon submittal of a plan clearly illustrating the 36 proposed change, the County Manager or designee shall determine whether or not it 37 constitutes a substantial change. In the event the County Manager or designee 38 determines the change is substantial, the applicant shall be required to follow the 39 review procedures set forth for a new site development plan. 40 41 1. Site development plan amendments (SDPA). A substantial change, requiring a 42 site development plan amendment, shall be defined as any change which 43 substantially affects existing transportation circulation, parking or building 44 arrangements, drainage, landscaping, buffering, identifie d 45 preservation/conservation areas and other site development plan 46 considerations. 47 48 2. Site development plan insubstantial changes (SDPI). The County Manager or 49 designee shall evaluate the proposed change in relation to the following criteria; 50 for purposes of this section, the insubstantial change procedure shall be 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\NAP\Drafts\Nominal Application Process LDC Section 10.02.03 6-25-19.docx REV. 7/3/2019 acceptable where the following conditions exist with respect to the proposed 1 change: 2 3 a. There is no South Florida Water Management District permit, or letter of 4 modification, needed for the work and there is no major impact on water 5 management as determined by the Engineering Services Director. 6 7 b. There is no new access proposed from any public street, however minimal 8 right-of-way work may be permitted as determined by the Transportation 9 Planning Director. 10 11 c. There is no addition to existing buildings (air-conditioned space) proposed, 12 however a maximum area of 300 square feet of non-air-conditioned space 13 used for storage, or to house equipment, will be permitted. 14 15 d. There is no proposed change in building footprint or relocation of any 16 building on site beyond that needed to accommodate storage areas as 17 described in LDC section 10.02.03 G.2.c, above. 18 19 e. The change does not result in an impact on, or reconfiguration of, preserve 20 areas as determined by the Natural Resource Director. 21 22 f. The change does not result in a need for additional environmental data 23 regarding protected species as determined by the Natural Resources 24 Director. 25 26 g. The change does not include the addition of any accessory structure that 27 generates additional traffic as determined by the Transportation Planning 28 Director, impacts water management as determined by the Engineering 29 Services Director, or contains air-conditioned space. 30 31 h. There are no revisions to the existing landscape plan that would alter or 32 impact the site development plan (as opposed to only the landscape plan) 33 as determined by the landscape architect. 34 35 i. The change does not otherwise qualify for a Nominal Application Process 36 (NAP), identified in LDC section 10.02.03 G.3., below. 37 38 3. Nominal Application Process (NAP). The NAP can be utilized for changes to 39 projects that have an existing and approved SDP or SIP, and to projects that do 40 not have an existing SDP or SIP. The NAP is limited to one or more of the following 41 changes: 42 43 a. The proposed change corrects a scrivener’s error to an existing and 44 approved site development plan, or site improvement plan, and does not 45 propose an addition to, or modification, of the site layout. This includes the 46 following: 47 48 i. Correction to the building square footage or building construction 49 type; 50 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\NAP\Drafts\Nominal Application Process LDC Section 10.02.03 6-25-19.docx REV. 7/3/2019 1 ii. Correction to the parking summary; or 2 3 iii. Addressing changes. 4 5 b. The proposed addition or modification is limited to the following: 6 7 i. Mechanical air equipment and subsequent concrete pads; 8 9 ii. Permanent emergency generators; 10 11 iii. Above- or below-ground fuel tanks; or 12 13 iv. Carports or shade structures that do not increase impervious area 14 calculations. 15 16 * * * * * * * * * * * * * 17 # # # # # # # # # # # # # 18 Attachment A – Proposed Administrative Code Section DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\NAP\Drafts\Nominal Application Process LDC Section 10.02.03 6-25-19.docx REV. 7/3/2019 I.6 Nominal Application Process (NA P ) Reference LDC section 10.02.03 G.3. and other provisions of the LDC. Applicability This process provides for a nominal change to a site development plan (SDP), site improvement plan (SIP), or to an existing site in which there is no site plan. A nominal application process shall meet the criteria identified in LDC section 10.02.03 G.3. Pre-Application A pre-application meeting is not required, but the applicant must obtain pre-submittal authorization from the Development Review Division. Initiation The applicant files an “Nominal Application Process” application with the Development Review Division. See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Contents The application must include the following: 1. Applicant contact information. 2. Property information, including: a. Project name; b. Most recent approved Site Plan number; c. Section, township, and range; and d. Property identification number. 3. Addressing checklist. 4. Determination from the County Manager or designee that confirms the requested revisions qualify for the Nominal Application Process. 5. Cover letter describing in detail the proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application. 7. Affidavit of Authorization. Plan Requirements Sheet size: The plan and the cover sheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, showing the areas affected by the change. The sheet must clearly show the change “clouded” and clearly delineate the area and scope of the work to be done. 1. For projects that have an existing SDP or SIP, the NAP Plan is only required to show the plan sheets that have changed. 2. For projects that do not have an existing SDP, SIP, etc., a cover sheet with the following information is required: a. The project title; Attachment A – Proposed Administrative Code Section DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\NAP\Drafts\Nominal Application Process LDC Section 10.02.03 6-25-19.docx REV. 7/3/2019 b. Applicant contact information; c. Name, address, and telephone number of property owner; d. Zoning designation; e. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community; and f. Legal description; and g. Property identification number(s) for the subject property. Completeness and Processing of Application See Chapter 1 D. for information regarding the completeness and processing steps of the application. Notice No notice is required. Public Hearing No hearing is required. Decision Maker The County Manager or designee may approve. Review Process The Development Review Division will review the application, identify whether additional materials are needed and approve, approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Updated 1 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E 7-15- 19.docx REV. 7/18/2019 LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190001341 SUMMARY OF AMENDMENT This amendment clarifies the method of public notice for several petition types that require a public hearing. LDC SECTIONS TO BE AMENDED 10.03.06 Public Notice and Required Hearings for Land Use Petitions ORIGIN Growth Management Department HEARING DATES BCC – TBD CCPC – TBD DSAC – 7/17/19 DSAC-LDR –6/18/19 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approved DSAC TBD CCPC TBD BACKGROUND This proposed LDC amendment makes the following changes to the Public Notice section: 1.) Update the term ‘regular’ growth management plan (GMP) amendments to now be referred to as ‘large-scale’ GMP amendments. This change is for clarity in amendment type and with terminology used at the state level. This language has also been modified within the Administrative Code. 2.) Update LDC notice provisions for rezones, PUD amendments, and ordinances or resolutions for comprehensive plan amendments. For each of the petition types, the LDC requires the County to notify, by mail, each property owner within the area covered by the proposed ordinance or resolution. The proposed LDC Amendment removes this requirement, as this is a duplicative provision. 3.) Remove public notice requirements for a PUD Extension, as the PUD sunsetting process has been removed from the LDC, per Ordinance 2014-33. DSAC-LDR Subcommittee Recommendation The DSAC-LDR Subcommittee recommended approval of the proposed LDC amendment with minor changes to the organization of LDC section 10.03.06 E.2.b. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed amendment is deemed consistent with the GMP. ATTACHMENTS: A) Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 2 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E 7-15-19.docx REV. 7/18/2019 Amend the LDC as follows: 1 10.03.06 - Public Notice and Required Hearings for Land Use Petitions 2 This section shall establish the requirements for public hearings and public notices. This section 3 shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 4 Code, which further establishes the public notice procedures for land use petitions. 5 6 A. Ordinance or resolution that is initiated by County or a private entity which does not 7 change the zoning atlas or actual list of uses in a zoning category but does affect the 8 use of land, including, but not limited to, land development code regulations as defined 9 in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly 10 referred to as a LDC amendment. 11 12 * * * * * * * * * * * * * 13 14 B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For 15 minor conditional use notice requirements see 10.03.06 C, below and for County 16 initiated rezonings, see 10.03.06 K.: 17 18 1. The following advertised public hearings are required: 19 a. One Planning Commission hearing. 20 b. One BCC or BZA hearing. 21 22 2. The following notice procedures are required: 23 a. A NIM. See LDC section 10.03.05 A. 24 b. Mailed Notice prior to the first advertised public hearing. 25 c. Newspaper Advertisement prior to each advertised public hearing in 26 accordance with F.S. § 125.66. 27 d. Posting of a sign prior to the first advertised public hearing. 28 e. For a rezoning or a PUD amendment the County shall notify by mail 29 each owner within the area covered by the proposed ordinance or 30 resolution of the time, place, and location of the public hearing before 31 the BCC or BZA. 32 33 * * * * * * * * * * * * * 34 35 D. PUD extension, cConditional use extension, or conditional use re-review: 36 37 1. The following advertised public hearings are required: 38 a. One BZA or Hearing Examiner hearing. 39 40 2. The following notice procedures are required: 41 a. Mailed Notice prior to the advertised public hearing. 42 b. Newspaper Advertisement prior to the advertised public hearing. 43 c. Posting of a sign prior to the advertised public hearing. Signage is not 44 required for a conditional use re-review. 45 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E 7-15-19.docx REV. 7/18/2019 E. Ordinance or resolution for comprehensive plan amendments: 1 2 1. The following advertised public hearings are required: 3 a. One or more Planning Commission hearings pursuant to F.S. Chapter 4 163. 5 b. One or more BCC hearings pursuant to F.S. Chapter 163. 6 7 2. The following notice procedures are required: 8 9 a. Small-scale amendments: 10 i. A NIM, which shall be held after the first set of staff review 11 comments have been issued and prior to the Planning 12 Commission hearing. 13 ii. Mailed Notice prior to the advertised Planning Commission 14 hearing. 15 iii. Newspaper Advertisement prior to each advertised public 16 hearing. 17 iv. Posting of a sign prior to the advertised Planning Commission 18 hearing. 19 v. Mailed Notice shall be sent to each real property owner within the 20 area covered by the proposed plan amendment prior to the 21 advertised BCC public hearing. 22 23 b. RegularLarge-scale amendments: 24 i. A NIM, which shall be held after the first set of staff review 25 comments have been issued and prior to the Planning 26 Commission adoption hearing for a site specific amendment. 27 ii. Mailed Notice prior to the advertised Planning Commission 28 hearing for a site specific amendment. 29 iii. Newspaper Advertisement prior to each advertised public 30 hearing. 31 iv. Posting of a sign prior to the advertised Planning Commission 32 hearing for a site specific amendment. 33 v. Mailed Notice shall be sent to each real property owner within the 34 area covered by the proposed plan amendment prior to the 35 advertised BCC public hearing. 36 i. For all large-scale amendments, a Newspaper Advertisement 37 prior to each advertised public hearing. 38 39 ii. For large-scale amendments that are site-specific, the additional 40 notice procedures are required: 41 42 a) NIM, which shall be held after the first set of staff review 43 comments have been issued and prior to the Planning 44 Commission adoption hearing 45 46 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E 7-15-19.docx REV. 7/18/2019 b) Mailed Notice prior to the advertised Planning 1 Commission hearing. 2 3 c) Posting of a sign prior to the advertised Planning 4 Commission hearing. 5 6 * * * * * * * * * * * * * 7 # # # # # # # # # # # # # 8 Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 5 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E 7-15-19.docx REV. 7/18/2019 A. Comprehensive Plan Amendment Reference F.S. § 163.3177 – 163.3187, 125.66 and LDC Public Notice subsection 10.03.06 E and the Collier County Growth Management Plan (GMP).  Note: The Florida Department of Economic Opportunity (DEO) website contains procedures, forms, and technical assistance regarding State of Florida review and requirements. For State related Comprehensive Plan Amendment information refer to: http://www.floridajobs.org/community-planning-and- development/programs/comprehensive-planning. Applicability This procedure applies to a request to amend the GMP whether initiated by the County or a private landowner. A comprehensive plan amendment does not authorize development. There are several categories of plan amendments, including but not limited to: • a. Small-Scale Amendment: A plan amendment that involves 10 acres or less and other criteria set out in F.S. § 163.3187(1). o i. Generally, small-scale amendments are for maps and may include text changes. o ii. Small-scale amendments that involve 10 acres or less may be site-specific amendments. • b. Regular Large-Scale Amendment: A plan amendment that changes the goals, objectives and policies; a map change; or any other material in the plan, and falls within one of the categories described in F.S. § 163.3184(2) and 163.3184(3). o i. Regular Large-scale amendments may be site-specific amendments. • c. DRI Companion Amendment: A plan amendment that is directly related to a DRI. This is processed concurrent with the DRI application. See Chapter 3 D.3 of the Administrative Code for more information. Pre-Application A pre-application meeting is required. Initiation The applicant files an “Application for a Request to Amend the Collier County Growth Management Plan” with the Comprehensive Planning Section of the Planning and Zoning Division. Application Contents The application shall include the draft amendment text and/or map amendment and all data and supporting materials that justify the amendment. Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 6 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E 7-15-19.docx REV. 7/18/2019  Note: Refer to F.S. § 163.3163 et. seq. for State requirements. Completeness and Processing of Application The Comprehensive Planning Department will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice – Small-Scale Amendment for Map and/or Text Changes Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be held after the first set of review comments have been issued and prior to the Planning Commission hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisement: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC public hearings dates. The advertisements shall include at a minimum: • a. Clear explanation of the proposed ordinance or resolution as it affects the subject property; • b. Date, time, and location of one or more public hearings; • c. 2 in. x 3 in. map of the project location; and • d. The required advertisements must be at least 2 columns wide by 10 inches long, in a standard size or a tabloid size newspaper, and the headline in the advertisements must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisements shall be placed in a newspaper of general paid circulation. 4. Sign: (see format below) Posted at least 15 days prior to the advertised Planning Commission hearing. Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 7 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E 7-15-19.docx REV. 7/18/2019 Notice – Large-Scale Amendment for Site-Specific Amendment Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be held after the first set of staff review comments have been issued and prior to the completed at least 15 days before the first advertised Planning Commission adoption hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. The NIM is only for site-specific amendments. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings. The advertisement shall include at a minimum: • a. Clear explanation of the proposed ordinance or resolution as it affects the subject property; • b. Date, time, and location of one or more public hearings; • c. 2 in. x 3 in. map of the project location, if site specific; and • d. The required advertisements must be at least 2 columns wide by 10 inches long, in a standard size or a tabloid size newspaper, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 8 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E 7-15-19.docx REV. 7/18/2019 appear. The advertisements shall be placed in a newspaper of general paid circulation. 4. Mailed Notice: The County shall send written notice by mail to each real property owner within the area covered by the proposed plan amendment at least 15 days before the advertised BCC public hearing date. 5. Sign: (see format below) Posted at least 15 days prior to the advertised public hearings. Two distinct signs shall be posted for the transmittal hearings and the adoption hearings. The first sign shall be posted before the first Planning Commission hearing on the GMP transmittal to DEO. A second sign shall be posted before the Planning Commission hearing on the GMP adoption. Notice – Regular Large- Scale Amendment Not Site-Specific Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings. The advertisement shall include at a minimum: • a. Clear explanation of the proposed ordinance or resolution as it affects the subject property; • b. Date, time, and location of one or more public hearings; and • 2 in. x 3 in. map of the project location; and • d. The required advertisements must be at least 2 columns wide by 10 inches long, in a standard size or a tabloid size newspaper, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement shall not be placed in a portion of the Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 9 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E 7-15-19.docx REV. 7/18/2019 newspaper where legal notices and classified advertisements appear. The advertisements shall be placed in a newspaper of general paid circulation. Public Hearings for Small-Scale Amendment 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Public Hearing for Regular Large- Scale Amendment Regular Large-Scale Amendments require two sets of public hearings, transmittal hearings and adoption hearings. 1. Transmittal Public Hearings: • a. The EAC shall hold at least 1 advertised public hearing, if required. • b. The Planning Commission shall hold at least 1 advertised public hearing. • c. The BCC shall hold at least 1 advertised transmittal public hearing. 2. Adoption Public Hearings: • a. The EAC shall hold at least 1 advertised public hearing, if required. • b. The Planning Commission shall hold at least 1 advertised public hearing. • c. The BCC shall hold at least 1 advertised adoption public hearing. Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning Commission. Review Process 1. Transmittal of Amendment to DEO: • a. The Comprehensive Planning Section will review the application, identify whether additional materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to present the petition for review. • b. Following the recommendation by the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule a hearing date before the BCC to present the petition for review. • c. Small-Scale Amendments are not subject to a review by DEO and may be adopted by the BCC at the first advertised public hearing. A Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 2 | Legislative Procedures 10 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Related LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E 7-15-19.docx REV. 7/18/2019 Regular Large-scale Amendment is reviewed by the BCC at a transmittal hearing and if approved, the amendment is sent to DEO and other review agencies for review in accordance with F.S. § 163.3184(3) and (4). 2. Adoption of Amendment: • a. Following review by DEO and other review agencies, the Comprehensive Planning Section will prepare a Staff Report, and schedule a hearing date before the EAC, if required, and the Planning Commission to present the amendment and comments from DEO and other review agencies for review. Following the recommendation by the EAC, if required, and the Planning Commission, the Comprehensive Planning Section will prepare an Executive Summary and schedule an adoption hearing before the BCC. If the amendment is adopted, the amendment is sent to DEO and the review agencies in accordance with F.S. § 163.3184(3) and (4). Criteria The plan amendment must be consistent with the applicable portions of the Collier County Growth Management Plan, F.S. § 163.3164, et seq., the State Comprehensive Plan, and the Southwest Florida Strategic Regional Policy Plan published by the Southwest Florida Regional Planning Council. Effective Date  See F.S. § 163.3184(3) and (4).  See F.S. § 163.3191 if the plan amendment is an update that results from an evaluation and appraisal report. Appeals Affected persons may file an administrative challenge as described in F.S. § 163.3184(5). Small-scale amendments may be administratively challenged pursuant to F.S. § 163.3187(5) (a). Updated ELECTRONIC PERMITTING GUIDE: ON-LINE SUBMITTAL FOR DESIGN PROFESSIONALS Provided by: COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT CITY OF NAPLES BUILDING DEPARTMENT CITY OF MARCO ISLAND BUILDING SERVICES DIVISION JULY 16, 2019 ELECTRONIC PERMITTING GUIDE: ON-LINE SUBMITTAL FOR DESIGN PROFESSIONALS Rev. 7/16/2019 Page 1 of 4 Building, Planning and Zoning Departments across the country are moving rapidly toward paperless submittal of design professional’s signed & sealed documents. This guide was created collaboratively by the City of Naples, Marco Island and Collier County to clarify, and where possible standardize, our requirements for electronic submittal. WHO MUST USE A DIGITAL SIGNATURE TO SUBMIT ELECTRONICALLY? Professional Engineers, Architects, Landscape Architects, Interior Designers and Surveyors Florida Administrative Code References: • 61G15: Board of Professional Engineers, Chapter 23: Seals, Rules 23.004- 23.005 were updated effective 6/19/2018. • 61G1: Board of Architecture and Interior Design, Chapter 16: Seals and Plans, last updated 11/11/2013. • 61G10: Board of Landscape Architecture, Chapter 11: Licensure, Rule 11.011 was last updated 2/16/2006. • Chapter 5J-17: Board of Professional Surveyors and Mappers, Rule 5J-17.062 was last updated 12/16/2007. Building Official’s Interpretation: Professional Engineers must obtain Digital Signatures from a Certificate Authority • The updated rule for Engineers, 61G15-23.004: Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents, requires that the professional engineer “shall have their identity authenticated by a certification authority”. As defined in F.S. 668.003(2), a “certification authority” means a person who issues a certificate. o Our Building Officials interpret this change as a requirement to use a third-party verification entity, the certificate authority, to certify the engineer’s identity. • All other design professionals may either obtain a digital signature from a certification authority (a third-party entity) or create a signature in a software application like Adobe (a self-signed certificate). ELECTRONIC PERMITTING GUIDE: ON-LINE SUBMITTAL FOR DESIGN PROFESSIONALS Rev. 7/16/2019 Page 2 of 4 WHAT WE HAVE LEARNED ABOUT RECEIVING DIGITALLY SIGNED DOCUMENTS TO DATE Signature Authorities: Local Design Professionals have successfully submitted documents using these Certificate Authorities – • Cosign – http://www.arx.com/digital-signature/ • DocuSign - https://www.docusign.com/products/electronic-signature • Entrust - https://www.entrust.com/document-signing-certificates/ • Globalsign – https://www.globalsign.com/en/digital-signatures/ • VeriSign - https://www.symantec.com/products/information-protection/eca- certificates/pricing “ • Digicert - https://www.digicert.com/document-signing/ Document Security: Digitally signing your design file protects the contents from being altered. Please do not add any additional/optional security from your pdf software or certification authority. “Locking” or “Restricting” the document before you submit the file can prevent us from opening and processing the document or stamping it for approval in our software. This results in lost time for us all and may require you to submit a new set of documents. Understanding Professionally Sealed Sheets vs. Digitally Signed Files We require design documents to be submitted as a single digitally signed file. Adding a visual representation of your professional seal and signature to each page of your design is always acceptable; you can do this with a stamp in your pdf software or by copying and pasting the image on your document pages. Please do not affix a digital signature to each page. WHAT DO ALL THESE NEW TERMS MEAN? Digital Signature: • A type of electronic signature that uses algorithms to transform your document in a way that allows the recipient to verify the document was signed by you and that the sealed document contents have not been changed. ELECTRONIC PERMITTING GUIDE: ON-LINE SUBMITTAL FOR DESIGN PROFESSIONALS Rev. 7/16/2019 Page 3 of 4 • The algorithms perform two tasks; creating the message digest or “hash” of your document, then using your “private key” to bind the hash, digital certificate and signature to the document. The recipient then uses the “public key” to check the submittal hasn’t been altered. Electronic Signature: • Symbols or other data in digital form attached to an electronically transmitted document as verification of the sender’s intent to sign the document. • Algorithms are not used to “hash” the document, so verification of document integrity is not available. Key Pairs/PKI: • Through PKI (Public Key Infrastructure), each digital signature transaction includes a pair of keys. The private key is unique to the individual signing the document and must be kept secure. The public key is openly available and used to validate the signer’s identity. • PKI enforces other requirements such as Certificate Authorities (CA’s) and digital certificates. Certificate Authority: • A Certificate Authority (CA) is a trusted entity that issues Digital Certificates and public-private key pairs. • The role of the Certificate Authority (CA) is to guarantee that the individual granted the unique certificate is, in fact, who he or she claims to be. Digital Certificate: • The digital certificate is an essential part of secure communication. It includes the owner's public key, the expiration date of the certificate, the owner's name, certificate issuing authority and other information. • The certificate travels with your document electronically. When the recipient opens the document in their pdf software, it runs a validation check on the signature and document content, checks the signing date and certificate expiration date, and accepts or rejects the signature as authenticated. ELECTRONIC PERMITTING GUIDE: ON-LINE SUBMITTAL FOR DESIGN PROFESSIONALS Rev. 7/16/2019 Page 4 of 4 Algorithm/Hash: • Secure Hash Algorithms are a family of cryptographic hash functions published by the National Institute of Standards and Technology as a U.S. Federal Information Processing Standard. • The algorithm takes an input, your document, and produces a message digest, the hash value. The SHA-1 standard produces a hash value typically rendered as a hexadecimal number, 40 digits long! DO ALL DIGITAL SIGNATURES SOURCES PROVIDE THE SAME SERVICES? No, they provide different levels of security and ease of use Know What You Are Buying from a Certificate Authority: • Some 3rd Party vendors offer both Digital and Electronic Signatures. All design professionals in Florida must use a Digital Signature; digital signatures utilize the hash algorithms that meet the FAC requirement for validating document integrity. • Certificate Authorities may provide your credentials different ways. o Some provide digital certificates on USB dongles or smart cards. This provides better security for your private key and allows you to work from more than one location. o Others provide a certificate file to download and save on your workstation. • Make sure your Digital Certificate will clearly identify the Issuing Authority and their Root Certificates. How Is A Self -Signed Digital Certificate Different? • You can create a Digital Signature yourself in pdf software programs like Adobe and Bluebeam. o Like a 3rd Party Certificate, it runs a hash algorithm and creates key pairs. o But there is no outside validation that the digital signature was in fact created by you. Anyone who can see your license number on a set of plans can create a digital signature and submit documents as you! • Generally, you create a signature in a specific software program on a specific computer. If you create a signature on a second computer, your laptop perhaps, it will have a different Digital Certificate. • Self-Signed Digital Certificates must be loaded in a “certificate store” on the recipients end to validate properly. 3rd Party certificates do not require this step. AGENDA ITEM 3-C Cotl-ier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINERw FROM: ZONING DIVISION —ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 8, 2019 SUBJECT: EDISON VILLAGE PLANNED UNIT DEVELOPMENT (PUD), PDI- 20190000108 APPLICANT /OWNER: AGENT: MPO Properties Sierra Meadows, LLC Justin Ebrite 5400 Kennedy Avenue Phoenix Associate of Florida, Inc. Cininnati,OH 45213 13180 Livingston Road Owner of Lot 12 Naples, Fl 34109 Of the Eddison Village PUD REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial change to Ordinance No. 2000-83,the Edison Village Planned Unit Development,to reduce the front yard setback from CR 951 and Lely Cultural Parkway for Lot 12 of the Edison Village subdivision from 29 feet which is the height of the building to 25 feet. GEOGRAPHIC LOCATION: The subject PUD consists of 7.44± acres located at the northwest quadrant of the intersection of Collier Boulevard (C.R. 951) and Lely Cultural Boulevard in Section 22, Township 50 South, Range 26 East, Collier County, Florida. (See location map on the.following page) Edison Village PDI-PL20190000108 Page I of l4 August 8,2019 a cc a NW 34)!BOD c"m c .w.. , 1- c 1.r zt n - 2 x L...:_>1 (-). 7-7 I CI 'Ydi t: S„ e., )- (/) a `1' .�On n-18 Y I CeoCL. o//1 ' 0 ° 0 W FI � : J N o I- I- ao a o t» U e— ce O &iO � U J 1S __ -14--sr.__.73 - U e-e3y `ta O O t rieys V BOO e. 1 0 N J a) E z c 0 a o_ co . • : .lal 0 CI C CC _0 U 0 CU E U E 0 I —J a) z R v O c W F. a) O Q a O CC i Edison Village PDI-PL20190000108 cage 2 of 14 August 8,2019 PURPOSE AND DESCRIPTION OF PROJECT: Proscan Sierra Meadows is a proposed two-story, 14,562 square-foot commercial medical building on a 1.75-acre parcel within the Edison Village PUD development. The Edison Village PUD consists of Proscan and 2 other commercials parcels which have already been developed. The site is currently under construction and has been approved by way of SDP PL#20170001033. During construction review, county staff found the permit was issued in error and that the project as proposed does not meet the required setbacks set forth in Edison Village PUD Ordinance # 2000-83 which requires the front yard setbacks to be equal to the height of the building, but no less than twenty-five (25) feet". As proposed, the building height is 29'. The applicant is requesting an amendment to Ordinance #2000-83 to read as follows: "the minimum front yard for structures up to thirty (30)feet in zoned height, shall be twenty-five (25)feet for Lot 12 of the Edison Village Subdivision. In plat book 43,pages 76-77. " Intentionally Blank Edison Village PDI-PL20190000108 Page 3 of 14 August 8,2019 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum for properties surrounding boundaries of the Edison Village PUD. North: Land Use; Sierra Meadows, Zoning; PUD. South: Land Use; Leyly Resort, Zoning; PUD. West: Land Use; Leyly Resort, Zoning; PUD. East: Land Use; Collier Regional Medical Center, Zoning; Pi 1D. '!) I w a s ! _ i+.I.J r. ' pt�� � , - O t,i 4 1# r 'OLLER RE TONAL T °ry 0 ' '. fDISON °'_ # t MEDICAL 'ENTER LELY RESORT : ' VILLAGE- I , 4 i ,i 4. la °Y- ,1 • r .111* 4 w * >*. `a° •• a 1 s Excp. "1 r , • .... 4 # es Ai toll , ,,. ;: ,. 3- ._, : ,i , , • 1 t, , 4, • , 46 .. - L...6.i. . ,r1 , . _ , ... _ , ,.. _ , ,.4 „sr._ ,I. , „ il . , , of C>f. '� a 40 ,c P ..-1, 0 "i, 4., , X41 f`• 't, v 1 -I D a, z ' 1 j i ,a.. ti ,y :, r * North Excp..ITRENa ( l 1� `� - , il Pr : + m,a Edison Village PD1-PL20190000108 Page 4 of 14 August 8,2019 STAFF ANALYSIS: Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Edison Village PUD, it is consistent with the Future Land Use Element (FLUE) of the GMP. (See Attachment B: Comprehensive Planning Review Memo Dated 7/2/2019) Conservation and Coastal Management Element: Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). No revisions to the environmental portions of the PUD petition are being made. The proposal is consistent with the CCME. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Environmental Review: Environmental Planning staff has reviewed this petition. The existing preserve areas will not be impacted by the proposed petition. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. STAFF FINDINGS: Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation,or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. Edison Village PDI-PL20190000108 Page 5 of 14 August 8,2019 d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? There would be no increase to the size of areas used for non-residential uses and no relocation of non-residential uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and Transportation Planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. Edison Village PD1-PL20190000108 Page 6 of 14 August 8,2019 j. The proposed change is to a PUD District designated as a Development of Regional Impact(DRI)and approved pursuant to Chapter 380.06,Florida Statues,where such change requires a determination and public hearing by Collier County pursuant to Sec.380.06 (19), F.S. Any change that meets the criterion of Sec.380.06(19)(e)2.,F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The project is not a DRI k. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based on the analysis provided,the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? The staff report with the associated findings of fact are unavailable from the original "PUD-00-15 file." It is important to note that the rezoning criteria have not changed since the original analysis conducted in 2000. As such, staff had reanalyzed the PUD and has concluded that this conforms to the findings in the Land Development Code. (See Attachment:D Findings of Ordinance # 2000-83) DEVIATION DISCUSSION: No deviations are being requested as part of this application. NEIGHBORHOOD INFORMATION MEETING (NIM): NIM was waived via email correspondence from HEX Examiner Mark Strain on May 28, 2019 (See Attachment: C NIM Waiver E-mail Dated May 28, 2019) COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on July 23, 2019. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PL- 20190000108. Edison Village PD1-PL20190000108 Page 7 of 14 August 8,2019 ATTACHMENTS: A) Propsed Change B) Comprehensive Planning Review Memo Dated 7/2/2019 C) NIM Waiver E-mail Dated May 28, 2019 D) Findings of Ordinance # 2000-83 E) Application/Backup Materials Edison Village PDI-PL20190000108 Page 8 of 14 August 8,2019 PREPARED BY: - o_ �s /1 GIL MARTINEZ, PRINCIPAL PLANNER D• TE ZONING DIVISION REVIEWED BY: 745 /7 RAYMON . BELLOWS,ZONING MANAGER DA E ZONING ISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION Edison Village Nil El.20190000108 Page 9 of 14 August 8.2019 ATTACHMENT : A Proposed Change to Ordinance#2000-83 Edison Village PD1-PL20190000108 Page 10 of 14 August 8,2019 j x 1SV3 92 19M771 'u1flOS Os dwc4M01 72 HOUO]S�./ ROOD:On HOC { N V-1= �}�l���� y��n H� n_I I -y�y{�'��V��(�(��7 c,,ct;e =w�.n.a *OK-,.To..r.,.r7'-wn%i>y loic MN 1YIJ0000 '1 - 11111 ?JI A NOM .�o alai S7iY c :1::1L'IfLLS 1 01/./., a1nc ONI L1•42WdOl3A3(] NO5204439 210.AO3NV.1321d / i---)1 . 1 —rF—•Z I i I --- — --F-- — -_1111 € n`. __ . aaks arae= , °.a- - 1 II 4 t I 1111 'Idly 11 1I 11; 11 i ;ll 1 . I III 1 • I ,il I _ --- 1.kli ' g g I @ fii0i ''�Vi a iit '1 I I+111 mefil L .1 11.'1 I', ni I \ it ;'I1 's. 3 ig Is i ,��` r !,I i 11,. oa �\ = ==W. I'4I II3! I -4.."=".....,""="=1: --'... L I,i I 1 I ' 1 I: 1 Ii111 I} 1 11 I.I ,', 1.- i i k. 4 e s I ! NI t t ! IH N aI—N , iiii ! i ! i ,ni IIIII m m ----rt .-Q-g ell !� tip r i I II p OL S �WQ '`-r ILJ ,;� : il i los I lalz tai.` ! �1 h 61 „Ys of if Ii iII III iII iit it • II y tJj 9 . , 06111.SP JIM t ■IIrI!, ! 1ill ; II lil Ott !Ili 1 IIIil ~ rI I lk nY; ii :I aI Wi aR ct I a o!4 LI SECTION III COMMERICAL DISTRICT 3.6 DEVELOPMENT STANDARDS A.Minimum lot area: Ten thousand (10,000) square feet B.Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. C.Minimum yard requirements: 1.Front yard: Twenty-five (25)feet. 2.Front yard CR 951 and Lely Cultural Parkway: The distance equal to the height of the building, but no less than twenty-five (25)feet. However, the minimum front yard for structures up to Thirty (30) feet in zoned height, shall be twenty-five (25)feet for lot 12 of the Edison Village Subdivision in Plat book 43 page 76-77. 3.Side yard: Fifteen (15)feet. 4.Rear yard: Fifteen (15)feet. 5.Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25)feet 13 words underlined are added; words etruck-through are deleted Edison Village PDI PL20190000108 Revised 4/9/2019 page 1 of 1 ATTACHMENT: B Comprehensive Planning Review Memo Dated 7/2/2019 Edison Village PDI-PL20190000108 Page I I of 14 August 8,2019 ei ty MEMORANDUM To: Gil Martinez,Principal Planner Zoning Services Section,Zoning Division From: Sue Faulkner,Principal Planner Comprehensive Planning Section,Zoning Division Date: July 2,2019 Subject: Future Land Use Element Consistency Review PETITION NUMBER: PL20190000108 -REV 4 PETITION NAME: Proscan Sierra Meadows within the Edison Village PUD Insubstantial Changes (PDI) REQUEST: The petitioner is requesting a Planned Unit Development(PUD) insubstantial change(PDI) to the Edison Village PUD to amend Ord. #00-83, Section 3.6 Development Standards, C. Minimum yard requirements—#2. The amendment with Submittal 2 will amend#2 to read,"Front yard CR 951 and Lely Cultural Parkway: the distance equal to the height of the building, but no less than twenty-five(25) feet. However, for Submittal 4, the minimum front yard for structures up to thirty(30) feet in zoned height, is being requested to be twenty-five(25)feet setback specific for lot 12 of Edison Village." Submittal 2 and 3 amended the Master Plan and the site Plan. LOCATION: The subject site is located at the northwest corner of Lely Cultural Parkway and Collier Boulevard(CR 951),±1,750 feet south of Rattlesnake Hammock Road, in Section 22,Township 50 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject+1.75 acres are designated Urban,Urban Mixed Use District, Urban Residential Subdistrict, as identified in the Future Land Use Element of the Growth Management Plan. This project site is within the Edison Village PUD, which was previously rezoned for commercial/office uses(via Ordinance#00-83) after meeting the Future Land Use Element's criteria for Office and In-fill Commercial Subdistrict. This amendment is not revising any previously approved uses, intensity of use,density, boundary, access, height of buildings, preservation, conservation, recreation, or open space, and the Office and Infill subdistrict does not include setback provisions. Therefore, it continues to be consistent with the Future Land Use Element. Select FLUE Policies are shown below(in italics),followed by staff analysis in [bracketed bold text. Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104.239-252-2400 Page 1 of 2 FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning Services staff as part of their review of the petition in its entirety.) FLUE Objective 7 and Relevant Policies: Due to the minor changes proposed(no changes in permitted uses,densities,or intensities)beyond the currently approved Edison Village PUD,staff is of the opinion that a re-evaluation of FLUE policies under Objective 7(pertaining to access,interconnections,walkability,etc.) is not necessary. CONCLUSION Based upon the above analysis,staff concludes the proposed Planned Unit Development amendment may be deemed consistent with the Future Land Use Element(FLUE). PETITION ON CITYVIEW cc: Michael Bosi,AICP,Director,Zoning Division David Weeks,AICP,Growth Management Manager,Zoning Division,Comprehensive Planning Section Raymond V.Bellows,Manager,Zoning Division,Zoning Services Section Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104.239-252-2400 Page 2 of 2 ATTACHMENT: C NIM Wiver E-Mail Dated May 28, 2019 Edison Village PDI-PL20190000108 Page 12 of 14 August 8,2019 MartinezGilbert From: Justin Ebrite <JEbrite@phoenix-associates.com> Sent: Thursday,June 20, 2019 3:32 PM To: MartinezGilbert Subject: FW: Edison Village PDI NIM waiver Request Justin Ebrite Design Engineer/Senior CAD Designer 13180 Livingston Road-Suite 204 Naples, FL 34109 P(239)596-9111 Ext.218 F(239)596-2637 From:StrainMark<Mark.Strain@colliercountyfl.gov> Sent:Tuesday, May 28,2019 8:39 AM To:Justin Ebrite<JEbrite@phoenix-associates.com> Cc: Randy Johns<rjohns@phoenix-associates.com>; MartinezGilbert<Gilbert.Martinez@colliercountyfl.gov> Subject:RE: Edison Village PDI NIM waiver Request Subject to the information supplied as noted below: Pursuant to LDC section 10.03.06.1.2 as amended by Ordinance 2014-33, the requirement for a neighborhood informational meeting (NIM) is waived. The change requested is insubstantial and limited in scope with minimal, if any, impact on adjacent properties. Mark Strain Hearing Examiner 2800 North Horseshoe Drive Naples, Fl. 34104 239.252.4446 Under;-larch Law e-read addresses are public records If you do not want your e na, ,00reus .e to a public records request do not send rcfromc mail to this entity Insteadcontact this office by telephone or in writirg From:Justin Ebrite< brite phoenix-associates.corn> Sent: Friday, May 24,2019 10:28 AM To:StrainMark< Cc: Randy Johns< >; MartinezGilbert< ilbertMartinez{ coiliercountyfi.gov> Subject: Edison Village PDI NIM waiver Request Importance: High Mr.Strain, This email is to provide documents and to request to waive the public notice of information(NIM)meeting for the Insubstantial Change to a PUD(PDI)for the Edison Village PUD.The PDI is currently under review with expected staff approval May 29th,2019. Please find attached to this email the letter request with narrative/background information, master plan for Edison Village,and Site Plan for Lot 12(Proscan Sierra Meadows)of Edison Village for your review. If you have any question or need additional information for you decision,please contact me at the information below. Thank your for your time and consideration. Justin Ebrite Design Engineer/Senior CAD Designer 13180 Livingston Road-Suite 204 Naples,FL 34109 P(239)596-9111 Ext.218 F(239)596-2637 2 ATTACHMENT: D Findings of Ordinance#2000-83 Page 13 of 14 Edison Village PDI-PL20190000108 August 8,2019 FINDINGS OF FACT PUD FINDINGS: LDC Section 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas, traffic and access, drainage,sewer,water,and other utilities. The type and pattern of development proposed should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate appropriate control of the property by the corresponding entities. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements,restrictions on design,and buffering and screening requirements. Staff is of the opinion that the proposed project will be compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities,both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. No deviations are proposed in connection with this request to rezone from Agriculture"A" to Planned Unit Development(PUD). Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUEM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The proposed PUD zoning boundaries follow the property ownership boundaries and coincide with the GMP subdistrict boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes. It should be noted that the proposed uses are not allowed under the current zoning classification. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the amendment is consistent with the County's land use policies that are reflected by the FLUE of the GMP. Development in compliance with the amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore,the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of proposed preserve and open space areas should further ensure light and air should not be seriously reduced in adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results,which may be internal or external to the subject property.Property valuation is affected by a host of factors including zoning;however, zoning by itself may or may not affect values,since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties to the south, east, and north of the subject property are developed, whereas the property immediately to the west is undeveloped. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process,gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed uses and development standards cannot be used in accordance with the existing classification. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Staff is of the opinion that the proposed amendment is not out of scale with the needs of the neighborhood or County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration,which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance,as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities(APF),and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities,except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no LOS will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this rezoning will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety,and welfare. To be determined by the Board during its advertised public hearing. ATTACHMENT: E Application / Back Up Materials Edison Village PDI-P1,20190000108 Page 14 of 14 August 8.2019 Attachment E Cot(er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) El SDP(Site Development Plan) El BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit El SDPI (Insubstantial Change to SDP) El CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) El SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat El SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) El SNC (Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) E OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Edison Village PUD FOLIO(Property ID) NUMBER(s) of above(attach to, or associate with, legal description if more than one) 30806000287 , 30806000083 , 30806000180, 30806000067 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 8340, 8350, 8360 Sierra Meadows Blvd • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy - needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) Proscan Sierra Meadows PROPOSED PROJECT NAME(if applicable) Proscan Sierra Meadows PROPOSED STREET NAMES(if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL# 20170001033 Rev.6/9/2017 Page 1 of 2 Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) N/A Please Return Approved Checklist By: 0 Email ❑ Fax ❑ Personally picked up Applicant Name: Phoenix Associates of Florida, Inc. I Justin Ebrite Phone: (239) 596-9111 x218 Email/Fax: JEbrite@phoenix-associates.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 30806000180 Folio Number 30806000067 Folio Number 30806000083 Folio Number 30806000287 Folio Number Folio Number Approved by: Date: 1/7/2019 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev.6/9/2017 Page 2 of 2 1/2/2019 Print Map yr•. S"•• •• rt I 44£`!r5 � dt . -...,- v.,.....�.._w.,.. FF WJ3 :, EDISON VILLAGE y, PUD I. ' p s w 2 P MAP LEGEND F w„ �t a ° Major Roads •"' 1°°6'` i'" } s r` s Street Names i4 r i 1 „. I I Parcels 1 i �o � _L �- Aerials 2018(2P?� 41k"' + • d4 Collier County ,y JM .i b+rae,ih. i 4' ' f>J to','?" 1..A.,.. .s a„ '-47ug.;, 4 r i t., ,' a ig: Off,,,FP i' ? _ - 4 1 r -. I,1 y , -4,40it--..,' ' c—rt7.09 i a„:- , t 14 S;aa,cN ,W°,,'le - 1:1440%-^,,„„- ..„ ' ,,a oue ',avow • 2004.Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein, its use,or its interpretation. file://phoenixassociates.local/Users$/jebrite/Desktop/Print%2oMap.html 1/1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, Gibed H.MeJaM,MD. (print name),as Manager (title,if applicable)of MPO Properties Sierra Meadows,LW (company, If a licable), swear or affirm under oath,that I am the(choose one)owners applicantncontract purchasernand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize ^.°fFl"" "C to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's `Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. �_ _--�- I" - fa - , ----7- Signature Date STATE OF FLORIDA COUNTY OF COLLIER T f•r=going in mJ n was swim to(or affirmed)and subscribed before : on g•I t 1 (date) by eAT1f4. r (name of .erson p oviding oath or affirmation), as i. / I. i o is personally known to me .r who :s produced (type of identification)as identif I tion. ,Alt /4.1_ .t STAMP/SEAL Signat re' r otary' •I Ace Notary Public State of Florida .11 Kimberly Newlands v_ ., g My Cammiasan!30124841 ori Expires 08/21/2021 CP\08-00A-001151155 REV 3/24/14 PHOENIX ASSOCIATES OF FLORIDA,INC. CGC#034149 WW\1.1' iOENIX-ASSOCIATES.COM Design Build General Contractor January 9,2019 Collier County Development Review 2800 North Horseshoe Drive Naples, Florida 34104 To: Intake Planner From: Justin Ebrite Re: Proscan Sierra Meadows—Insubstantial change to PUD (PDI) (1st Submittal) Dear Intake Team, This Cover letter is to detail and request approval for Insubstantial Change to a PUD (PDI) for Proscan Sierra Meadows and the Edison Village PUD. This represents the 1St Submittal for this this review process Proscan Sierra Meadows is a proposed two-story, 14,562 square-foot commercial medical building on a 1.75-acre parcel within the Edison Village PUD development. The Edison Village PUD consists of Proscan and 2 other commercials parcels which have already been developed. The project is located at the northwest corner of Collier Boulevard and Lely Cultural Parkway at 8340 Sierra Meadows Boulevard, Section 22, Township 50 South, and Range 26 East in Collier County, Florida. The site is currently under construction and has an approved SDP PL#20170001033 plans, and a SDPI PL20180003630 which is currently under review. During construction survey review county staff found the permit was issued in error and that the project as proposed/under construction does not meet the required setbacks set forth in Edison Village PUD ordinance 2013-83. Per that Ordinance, page 13, Section 3.6 minimum yard requirements,Letter C, number 3 states"Front Yard Setbacks CR 951 and Lely Cultural Parkway: The distance equal to the height of the building, but no less than twenty-five (25) feet". The Project was approved in the SDP with 25' Setbacks on both front yards with CR-951 and Lely Cultural Parkway.The building height is proposed with a mean height of 29' therefore should have been proposed with at least 29' setbacks. We are requesting that the language of the distance equal to the height of the building be removed from Ordinance-2013-83. See attached page with the proposed revision. The justification for this request is that the project was approved, under construction, and is comparable and consistent with the other projects previously constructed within this PUD. CORPORATE OFFICES 13180 LIVINGSTON ROAD—SUITE 204—NAPLES,FLORIDA 34109 P 239.596.9111 F 239.596.2637 PHOENIX ASSOCIATES OF FLORIDA,INC. CGC#034149 WWW.PHOENIX- ATES"OM Design Build General Contractor If you have any questions or comments regarding this Site Development Plan application, please Contact me at Phone (239) 596-9111 Extension 218 or by email JEbrite"dphoenix-associates.com Sincerely, Phoenix-Associates of Florida INC. Justin Ebrite CORPORATE OFFICES 13180 LIVINGSTON ROAD—SUITE 204—NAPLES,FLORIDA 34109 P 239.596.9111 F 239.596.2637 1/2/2019 EDISON VILLAGE PUD LOCATION MAP 1#� w c of ,1 # , � _ o� � , r EDISON VILLAGE '`- 4;:.:'4"r".:';94 PUD � ,� Y �� ¢fir q Y 4 7 ,,z MAP LEGEND 3' 'T,,,,,4 1 7 i I pi 9w.. stt, #' � b , ry4{ � rFi4J'B@l 1+d8ATt�'4 e,� v n ' ateela , 4„,,,--r-,, ;, t. ` ` a ' Arda9s 2918 tzPtp iit„ 5,.. .•;,�, :°�' w' 6 Goblet Co niy a k „� ,.77 .,!,,- L.-,f,, . -,7.--44#. .r,' t ;10, .,.,... ;:-:;, '''';',,10 'yf x e g �, air' '' : 0 w, k. ,, Ym '} ' j �`.. as ,� R F. *X11 -"§�.. ' F , x , r�+ 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein, its use,or its interpretation. file://phoenixassociates.local/Users$/jebrite/Desktop/Print%20Map.html 1/1 SI -DOQ❑ d I!\ II 7 0.1k III' 1 0002 P T RON J/IIJUJ I tmt rImro*'/M Mr 1111.1111.1111111111Z 1417RTlf11 1411 SOC amain TJ wawa*WWII..461,4w or;r- y cq IN3 J nom 1 1Y4 101.146 V - Al INN A IN7101 A-.1 "4 :Zara with+o -0.'11tii/011A2C1 M04161(DaG •7104 0211Y131i4 / -- 1 I ----------1------------------------- - 'I it II I 11tr i �I I' ,jisitl ill i11 Ids r 1II `' Ii 2. /8; "I .----- 1 11 L- I§ - i-- -. — Ill II / I t - -11---r". 1 I 1 4g 1 I ii1itiiiiIII liIiii 1 - 01 I m I iii1 t gi ! � � ! „ 1 � SII !1 • 11"4 4 I Ea' i jIIIIPI �Ili ""''"'L) i 4 J 1 g Isamu U,ills 1 �' I $' ( 1I ! SII i gnii,h i �� r . i� 4`" 11 1 I iii 1 h il li U ii I Iii ri r ri---- ll •MI I I l Ire hilislill I!I .1 !I s 4 .I h vh..I.Ui.M a 38.Real estate(groups 6531-6541). 39.Retail nurseries, lawn and garden supply stores (5261). 40.Security and commodity brokers, dealer, exchanges and service (Groups 6211- 6289). 41.Shoe repair shops and shoeshine parlors (7252). 42.Veterinary services (0742,0752 excluding outside kenneling). 43.Video tape rental(7841). 44.United States Postal Service(4311 except major distribution center). 45.Vocational schools (Groups 8243-8299). 46.Any other general commercial use,which is comparable in nature with the C-3 Commercial Intermediate District pursuant to the Land Use Development Code in effect on the date of approval of this PUD Ordinance and consistent with the permitted uses and Purpose and Intent statement of the this PUD Ordinance, subject to the approval of the Planning Services Department Director. 3.4 PROHIBITED USES FOR TRACT A-1 The following uses shall be prohibited in Tract A-1: 1. Fast food restaurants. 2. Convenience stores. 3. Convenience stores which sell gasoline. 3.5 ACCESSORY USES AND STRUCTURES Any other general accessory use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the Mixed Use Activity Center Subdistrict of the Future Land Use Element of the Growth Management Plan which the Planning Services Department Director determines to be compatible. 3.6 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000)square feet. B. Minimum lot width: Seventy-five (75)feet, as measured by the exterior project lines. C. Minimum yard requirements: 1. Front yard: Twenty-five (25)feet. 2. Front yard CR 951 and Lely Cultural Parkway: T tite-height-e€444e-641444infirl,to-ne-lest 41,ail twenty-five (25)feet. 3. Side yard: Fifteen (15)feet. 4. Rear yard: Fifteen (15)feet. 5. Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25)feet. 13 cowl, County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership Created 9/28/2017 Page 1 of 3 01/08/2019 1 : 24PM (GMT-05 : 00) Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coHiergov.net (239)252-2400 FAX:(239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP,list the name of the general and/or limited partners: Name and Address %of Ownership Gilbert H. Maulsby, 123 Center Street, Naples, FL 34108 40% Stephen J. Pomeranz, 5400 Kennedy Avenue, Cincinnati, OH 45213 40% Adam K. Olmsted, 2520 Day Lily Place, Naples, FL 34015 20% **Please note property is owned by an LLC, nota general or limited partnership e. if there is a CONTRACT FOR PURCHASE,with an individual or individuals,a Corporation, Trustee,or a Partnership, list the names of the contract purchasers below,including the officers,stockholders, beneficiaries, or partners: Name and Address %of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership,or trust: Name and Address g. Date subject property acquired 5/19/17 ❑ Leased:Term of lease years/months If, Petitioner has option to buy,indicate the following: Created 9/28/2017 page 2 of 3 01/08/2019 1 : 24PM (GMT-05 : 00) Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collierfiov.net (239)252-2400 FAX:(239)252-635R Date of option: Date option terminates: or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County Immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to Include all necessary submittal information may result in the delay of processing this petition. The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 .81 r1 , 1/4/19 Agent/Owner Signature Date Gilbert H. Maulsby Agent/Owner Name(please print) Created 9/28/2017 Page 3 of 3 01/08/2019 1 : 24PM (GMT-05 : 00) Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02,13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED CONTACT 1NF(Pk ; '.i Name of Property Owner(s): MPO Prop Sierra Meadows Name of Applicant if different than owner: Address: 5400 Kennedy Avenue City: Cincinnati State: OH ZIP: 45213 Telephone: Cell: Fax: E-Mail Address: Name of Agent: Justin Ebrite Firm: Phoenix-Associates of Florida INC Address: 13180 Livingston Road City: Naples State: FL ZIP: 34109 Telephone: (239)-596-9111 Cell: 239-248-7300 Fax: E-Mail Address: JEbrite@Phoenix-Associates.com On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/27/2018 Page 1 of 4 Co er Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 PROPERTY INFORMATION PUD NAME: Edison Village ORDINANCE NUMBER: 2003-83 FOLIO NUMBER(S): 30806000287,30806000083, 30806000180,30806000067 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? Yes I No If no, please explain: Has a public hearing been held on this property within the last year? I Yes No If yes, in whose name? Has any portion of the PUD been SOLD and/or • DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes No If yes, please describe on an attached separate sheet. Revised 3/27/2018 Page 2 of 4 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre-Application Meeting ar. '1st for: PUD Insubstantial Change 3 G.3 The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Completed Application (download current form from County website) 1 Pre-Application Meeting notes 1 ❑ II Project Narrative, including a detailed description of proposed changes 1 0 and why amendment is necessary Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits I n Li PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance# n U ✓❑ Warranty Deed l Legal Description 1 ✓� Boundary survey, if boundary of original PUD is amended n �✓ If PUD is platted, include plat book pages Q List identifying Owner& all parties of corporation 1 Affidavit of Authorization, signed & notarized 1 Z Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 1/2 in. x 11 in. graphic location map of site 1 Q ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials I to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Revised 3/27/2018 Page 3 of 4 Co er C./ unt COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director Parks and Recreation: Barry Williams and David Utilities Engineering: Eric Fey Berra ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: ❑ Conservancy of SWFL: Nichole Johnson I 1 Other: El City of Naples: Robin Singer, Planning Director H. Other: .: REQui a `7IFN`i'` ❑ PUD Amendment Insubstantial (PDI): $1,500.00 R Pre-Application Meeting: $500.00 I Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission,where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Date Applicant/Owner Name (please print) Revised 3/27/2018 Page 4 of 4 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P1.20190000108 I, Gibed Metsby M.D (print name), as manner/ower (title, if applicable)of MPO P opetees Siena Meadows (company, If a licable), swear or affirm under oath, that I am the(choose one)owner[ applicantLcontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorizeP^ •res Fled"Inc to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v. pies. • If the applicant is a Limited Liability Company (L LC.) or Limited Company(L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. o4o-1\ Signature Date Gilbert H.Maulsby M.D. Owner/Manager MPO Proscan Sierra Meadows LLC STATE OF FLORIDA COUNTY OF COLLIER Te foregoing instrument`s worn to(or affirmed)and subscribed before me on )(71`! [.):late) by 4 "f" f. t1 (name of person providing oath or affirmation), as who is personally known to me oho has produced (type of identification)as identification-.--- SIAM ME dentification.stnMPtsE At Sig tore of Notary Public REBECCA NIELSEN _, �'_ omm,ssion a GG bra ? —.X1 491 My Commassion Exp+ros °;,; ` February 26, 2021 CP108-COA-401151155 REV 3124114 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ip p.Ert 'j i ...OM 9 A( i 'dd #,2€``V t\T t1fpxi'J Name of Property Owner(s): Gilbert H. Maulsby Name of Applicant if different than owner: Address: 5400 Kennedy Avenue City: Cincinnati State: OH ZIP: 45213 Telephone: Cell: Fax: _ E-Mail Address: Name of Agent: Thomas J. Ebrite Firm: Phoenix-Associates of Florida INC Address: 13180 Livingston Road City: Naples State: FL ZIP: 34109 Telephone: (239)-596-9111 Cell: 239-248-7300 Fax: E-Mail Address: JEbrite@Phoenix-Associates.com On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/27/2018 Page 1 of 4 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 PROPERTY INFORMATION PUD NAME: Edison Village ORDINANCE NUMBER: 2003-83 FOLIO NUMBER(S): 30806000287 30806000083 30806000180,30806000067 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ■ Yes No If no, please explain: Has a public hearing been held on this property within the last year? I Yes No If yes, in whose name? Has any portion of the PUD been I SOLD and/or 1E1 DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes No If yes, please describe on an attached separate sheet. Revised 3/27/2018 Page 2 of 4 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the I ative C The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIPrMENTS FOR REVIEWC®C)F QUIRED P NOT Completed Application (download current form from County website) 1 Pre-Application Meeting notes 1 ❑ ❑✓ Project Narrative, including a detailed description of proposed changes 1 ❑ and why amendment is necessary Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits ✓ Li PUD document with changes crossed through & underlined E [i PUD document as revised with amended Title Page with Ordinance# U ✓❑ Warranty Deed ❑✓ Legal Description 1 ✓ Boundary survey, if boundary of original PUD is amended [ ❑ ❑✓ If PUD is platted, include plat book pages ❑✓ List identifying Owner& all parties of corporation 1 Affidavit of Authorization, signed & notarized 1 Z Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8%2 in. x 11 in. graphic location map of site 1 ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials I _ ❑✓ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Revised 3/27/2018 Page 3 of 4 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: n School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams and David Berra ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: ❑ Conservancy of SWFL: Nichole Johnson Other: ❑ City of Naples: Robin Singer, Planning Director Other: IEE REQUIREMENTS X PUD Amendment Insubstantial (PDI):$1,500.00 ❑ Pre-Application Meeting: $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission,where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive ,00,-pl- , L34104 . 41, 1 3/1/19 • ner Sig . re Date Thomas J. 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N O 1 II Ik dg 1W 3Wi3, ® I 11 11 II II" " I I yg LL====J 11;====4 I I 3;t8ditz oil Nw,1a,1331sa3n33NI,N3-and I 1 I O ' j n=C'F J 1�-=__II II• [ IIII II- IIit ay sm3 all a..3-6 i 3 • i 1 1 r 'i 1 .` I; 'I'-'4"C'+:1. 171'4'= I fr====1RI {..I I II II NW 11m •=___ I 'L ---- -- ,1 Ir �1 II IIIILL == J• 1m 13315 01/133..110N3.1.101/133..110N3.1.1I••� 1 Z I I i F `—'1 m O I 11 8= Iz �§ - g J - a ® U —I o J w r iliWh a 1 W I.,_,J —1 R^ gm 8B zu a ;13i J o-g 912 a 111,0§m} :7j v3 2k 2w a swab:€ gals PHOENIX ASSOCIATES OF FLORIDA,INC. CGC#034149 \11V'W.PIIOENI" \SSOCLV '' Design Build General Contractor March 4, 2019 Collier County Development Review 2800 North Horseshoe Drive Naples, Florida 34104 To: Intake Planner From: Justin Ebrite Re: Planned Unit Development Insubstantial Change (2" Submittal) PL20190000108 Edison Village (PDI) Dear Intake Team, This Cover letter is to detail and request approval for Insubstantial Change to a PUD (PDI) for Proscan Sierra Meadows and the Edison Village PUD. This letter represents the 2nd Submittal for this this review process and response to county insufficiency letter dated February 14, 2019. A copy of that letter can be found attached this letter with responses in red. Proscan Sierra Meadows is a proposed two-story, 14,562 square-foot commercial medical building on a 1.75-acre parcel within the Edison Village PUD development. The Edison Village PUD consists of Proscan and 2 other commercials parcels which have already been developed. The project is located at the northwest corner of Collier Boulevard and Lely Cultural Parkway at 8340 Sierra Meadows Boulevard, Section 22, Township 50 South, and Range 26 East in Collier County, Florida. The site is currently under construction and has an approved SDP PL#20170001033 and a SDPI PL20180003630 which is currently under review. During construction survey review county staff found the permit was issued in error and that the project as proposed/under construction does not meet the required setbacks set forth in Edison Village PUD ordinance 2013-83. Per that Ordinance, page 13, Section 3.6 minimum yard requirements, Letter C,number 3 states"Front Yard Setbacks CR 951 and Lely Cultural Parkway: The distance equal to the height of the building, but no less than twenty-five (25) feet". The Project was approved in the SDP with 25' Setbacks on both front yards with CR-951 and Lely Cultural Parkway.The building height is proposed with a mean height of 29' therefore should have been proposed with at least 29' setbacks. We are requesting that the language of the distance equal to the height of the building be revised to include a setback of 25' for building up to 30' and specific to lot 12 in Edison Village. The justification for this request is that the project was approved, under construction, and is comparable and consistent with the other projects previously constructed within this PUD. CORPORATE OFFICES 13180 LIVINGSTON ROAD—SUITE 204—NAPLES,FLORIDA 34109 P 239.596.9111 F 239.596.2637 PHOENIX ASSOCIATES OF FLORIDA,INC. CGC#034149 W W W.PHOENIX-ASSOCIATES.COM Design Build General Contractor If you have any questions or comments regarding this Site Development Plan application, please Contact me at Phone (239) 596-9111 Extension 218 or by email JEbrite4hoenix-associates.com Sincerely, Phoenix-Associates of Florida INC. Justin Ebrite CORPORATE OFFICES 13180 LIVINGSTON ROAD—SUITE 204—NAPLES,FLORIDA 34109 P 239.596.9111 F 239.596.2637 February 14, 2019 Justin Ebrite Phoenix Associates of Florida, Inc 13180 Livingston Rd Suite 204 Naples, FL 34119 EMAIL-jebrite@phoenix-associates.com RE: Planned Unit Development Insubstantial Change PL20190000108 Edison Village(PDI) Dear Applicant: The following comments are provided to you regarding the above-referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a"HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: Addressing-GIS Review Reviewed By: Annis Moxam Email: annismoxam@colliergov.net Phone#: (239)252-5519 Correction Comment 1: Please provide a revised Master Plan that's legible. Also, make sure the abutting streets, street names are on the revised plans. Response: The purpose of this PDI application is for a language change only to the Edison Village PUD Ordinance. This change will not require any revisions to the current Master Plan associated with this PUD. Although we agree the Master plan is not legible, it is the document the county has on record and should not be required to be updated since there are no revisions being made by the applicant. the applicant. If county staff determines that an updated Master Plan is required, we request that this application have a conditional approval based upon an updated Master Plan, as we agree to disagree. Additionally, a site plan, architectural plan, and recorded PUD plat has been included in this submittal for your reference Rejected Review: Zoning Review Reviewed By: Gil Martinez Email: Gilbert.Martinez@colliercountyfl.gov Phone#: (239)252-4211 Correction Comment 1: 1. Provide a current and revised master plan, site plan and survey. RESPONSE: The purpose of this PDI application is for a language change only to the Edison Village PUD Ordinance. This change will not require any revisions to the current Master Plan associated with this PUD. Although we agree the Master plan is not legible, it is the document the county has on record and should not be required to be updated since there are no revisions being made by the applicant. the applicant. If county staff determines that an updated Master Plan 1 is required, we request that this application have a conditional approval based upon an updated Master Plan, as we agree to disagree. Additionally, a site plan, architectural plan, and recorded PUD plat has been included in this submittal for your reference Correction Comment 2: 2. Has a public hearing been heard within the year preceding the submittal of this application. RESPONSE: No, a public hearing has not been heard one year proceeding this submittal Rejected Review: County Attorney Review Reviewed By: Scott Stone Email: ScottStone@colliergov.net Phone#: (239)252-5740 Correction Comment 1: Your proposed change to the PUD language would affect other properties in the PUD that have front yards on Collier Blvd. and Lely Cultural Parkway. Please provide evidence that those properties consent to this new setback language or revise the proposed language to limit the change to just your property. If you choose the latter, see my handwritten markups, which will be send to you by the planner in a separate e-mail. RESPONSE: The PUD language has been revised per comments and meeting with staff. The language has been revised and is specific to lot 12 of Edison Village. See PUD Revision included in this submittal Package Correction Comment 2: On page 1 of the application, please write out the full, legal name of the property owner. RESPONSE: The application has been revised per comment, SEE application for revision. Correction Comment 3: On page 2 of the application, please check off either "yes" or "no" on the first question "Does amendment comply with the Growth Management Plan?" RESPONSE: The application has been revised per this comment, SEE Application for revisions Correction Comment 4: On page 4 of the application, please sign and date the application. RESPONSE: The application has been revised per this comment, SEE Application for revisions Correction Comment 5: On the affidavit of authorization, please add the petition number to the top of the sheet and add Gilbert Maulsby's name and title under his signature. RESPONSE: The affidavit has been revised per this comment, SEE Affidavit for revisions Correction Comment 6: Please provide a legible version of the PUD Master Plan. RESPONSE: The purpose of this PDI application is for a language change only to the Edison Village PUD Ordinance. This change will not require any revisions to the current Master Plan associated with this PUD. Although we agree the Master plan is not legible, it is the document the county has on record and should not be required to be updated since there are no revisions being made by the applicant. the applicant. If county staff determines that an updated Master Plan is required, we request that this application have a conditional approval based upon an updated 2 Master Plan, as we agree to disagree. Additionally, a site plan, architectural plan, and recorded PUD plat has been included in this submittal for your reference Correction Comment 7: The maximum height for the PUD is 50 feet. Please have staff confirm that it will be acceptable for any future building/use on that property to have a 25-foot setback even if the height of the structure is up to 50 feet. I understand that your building height is only 29 feet, but your proposed PDI language would potentially allow a 50-foot high building to only be set back 25 feet on this property. RESPONSE: The Document has been revised per county staff comments & meeting. The proposed revised language will allow a building up to 30' zoned height to have a setback of 25'on Lot 12 of Edison Village. See Revised PUD language proposal included in this submittal package. Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: MarkTempleton@colliergov.net Phone#: (239)252-2475 Correction Comment 1: Please ensure that the buffers are labeled on the master plan as they were on the previous master plan RESPONSE: The purpose of this PDI application is for a language change only to the Edison Village PUD Ordinance. This change will not require any revisions to the current Master Plan associated with this PUD unless staff disagrees. GENERAL COMMENTS: [Gil Martinez] 1. Additional comments or stipulations may be forthcoming once a sufficient application has been submitted for review. This correspondence should not be construed as a position of support or non-support for any issues within the petition. Staff will analyze the petition and the recommendation will be contained in the staff report prepared for the Collier County Planning Commission. RESPONSE: Acknowledged 2. Please be advised that pursuant to the LDC, an application can be considered closed if there has been no activity on the application for a period of six (6) months. That six months period will be calculated from the date of this letter. RESPONSE: Acknowledged 3. Please ensure that all members of your review team that may testify before the CCPC and the BCC are registered as lobbyists with the county pursuant to the regulations regarding that issue. RESPONSE: Acknowledged 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. 3 RESPONSE: Acknowledged 5. Please put revised dates on all exhibits and in the title block of the Site Plan. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be rejected. RESPONSE: Acknowledged 6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. RESPONSE: Acknowledged 7. Note the adopted fee schedule requires payment of additional fees for petitions that require more than four re-submittals; please contact the appropriate staff and resolve issues to avoid this fee. RESPONSE: Acknowledged If you have any questions,please contact me at(239)252-4211. Sincerely, Gil Martinez Principal Planner Growth Management Department 4 38. Real estate(groups 6531-6541) 39. Retail nurseries, lawn and garden supply stores (5261). 40. Security and commodity brokers, dealer, exchanges and service (Groups 6211- 6289). 41. Shoe repair shops and shoeshine parlors (7252). 42.Veterinary services (0742, 0752 excluding outside kenneling). 43.Video tape rental(7841). 44. United States Postal Service (4311 except major distribution center) 45.Vocational schools (Groups 8243-8299). 46.Any other general commercial use, which is comparable in nature with the C-3 Commercial Intermediate District pursuant to the Land Use Development Code in effect on the date of approval of this PUD Ordinance and consistent with the permitted uses and Purpose and Intent statement of this PUD Ordinance, subject to the approval of the Planning Services Department Director. 3.4 PROHIBITED USES FOR TRACT A-1 The following uses shall be prohibited in Tract A-1: 1.Fast food restaurants. 2.Convenience stores. 3.Convenience stores which sell gasoline. 3.5 ACCESSORY USES AND STRUCTURES Any other general accessory use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the Mixed-Use Activity Center Subdistrict of the Future Land Use Element of the Growth Management Plan which the Planning Services Department Director determines to becompatible. 3.6 DEVELOPMENT STANDARDS A.Minimum lot area: Ten thousand (10,000) square feet B.Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. C.Minimum yard requirements: 1.Front yard: Twenty-five (25)feet. 2.Front yard CR 951 and Lely Cultural Parkway: The distance equal to the height of the building, but no less than twenty-five (25)feet. However, the minimum front yard for structures up to Thirty (30) feet in zoned height, shall be twenty-five (25) feet for lot 12 of Edison Village. 3.Side yard: Fifteen (15)feet. 4.Rear yard: Fifteen (15)feet. 5.Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25)feet 13 words underlined are added; words are deleted H - d 1(s: W F-n = bo W %Ig gQ i41' f' t 1N ;,..moi h6 �/ fT vi g II , ::ilt: 1;gc1 jg a$� } O g" Ana "It og — -9 .=', 0 . °, .., 4, 0-E-7,27 ..,„ U s g i -G Z Iii Cg of f w F 3. e �2 ;� ,.;.. 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''.�-.-. 0 3 vm o 3 3 I I y' .1 ,F6 - c Y JZw < I' I cz ,c .2e i u z z z LL "' '- <ma I < •F I' ° e e wax _ Z Ow it Oji o n ., 3E , , ,,,- 1 I ': i 1 r' LT_ Z 6-- V 1 i i • '.5, 1- 2;11. ms :a __ I II Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED C()N° I A(""I" lNF(" P; ATio Name of Property Owner(s): MPO Properties Sierra Meadows LLC Name of Applicant if different than owner: Address: 5400 Kennedy Avenue City: Cincinnati State: OH ZIP: 45213 Telephone: Cell: Fax: E-Mail Address: Name of Agent: Thomas J. Ebrite Firm: Phoenix-Associates of Florida INC Address: 13180 Livingston Road City: Naples State: FL ZIP: 34109 Telephone: (239)-596-9111 Cell: 239-248-7300 Fax: E-Mail Address: JEbrite@Phoenix-Associates.com ,+ fiL( UE� '' On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/27/2018 Page 1 of 4 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 PROPERTY INFORMATION PUD NAME: Edison Village ORDINANCE NUMBER: 2003-83 FOLIO NUMBER(S): 30806000287,30806000083, 30806000180,30806000067 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? U Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? Yes No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or ■ DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes ❑ No If yes, please describe on an attached separate sheet. Revised 3/27/2018 Page 2 of 4 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 C of the '` 'min The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIRE[`:: .,NTS FOR REVIEW #Of EQUIRED NOT COPY REQUW Completed Application (download current form from County website) 1 Pre-Application Meeting notes 1 El �✓ Project Narrative, including a detailed description of proposed changes 1 ❑✓ and why amendment is necessary Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits / U PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance# I ✓❑ Warranty Deed n Legal Description 1 ✓ Boundary survey, if boundary of original PUD is amended n ✓� If PUD is platted, include plat book pages n List identifying Owner& all parties of corporation 1 Affidavit of Authorization, signed & notarized 1 Z Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8/2 in. x 11 in. graphic location map of site 1 ❑✓ 0 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials ] 1-1 �✓ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Revised 3/27/2018 Page 3 of 4 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: LISchool District(Residential Components):Amy Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director Parks and Recreation: Barry Williams and David Utilities Engineering: Eric Fey Berra ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: ❑ Conservancy of SWFL: Nichole Johnson Other: ❑ City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMEN1S X PUD Amendment Insubstantial (PDI): $1,500.00 Pre-Application Meeting: $500.00 N Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission,where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive / pl L 34104 4/9/19 _F� • ner Sig . re Date Thomas J. Ebrite Applicant/Owner Name (please print) Revised 3/27/2018 Page 4 of 4 ASSOCIATES OF FLORIDA INC. Design Build General Contractor CGC#034149 I AA26003191 I CA7607 \\\\\\ ('I10I \I`i- SSO( I \11 .E t )%1 April 11,2019 Collier County Development Review 2800 North Horseshoe Drive Naples, Florida 34104 To: Intake Planner From: Justin Ebrite Re: Planned Unit Development Insubstantial Change (3rd Submittal) PL20190000108 Edison Village (PDI) Dear Intake Team, This Cover letter is to detail and request approval for Insubstantial Change to a PUD (PDI) for Proscan Sierra Meadows and the Edison Village PUD. This letter represents the 3rd Submittal for this this review process and response to county insufficiency letter dated April 3, 2019. A copy of that letter can be found attached this letter with responses in red. Proscan Sierra Meadows is a proposed two-story, 14,562 square-foot commercial medical building on a 1.75-acre parcel within the Edison Village PUD development. The Edison Village PUD consists of Proscan and 2 other commercials parcels which have already been developed. The project is located at the northwest corner of Collier Boulevard and Lely Cultural Parkway at 8340 Sierra Meadows Boulevard, Section 22, Township 50 South, and Range 26 East in Collier County, Florida. The site is currently under construction and has an approved SDP PL#20170001033 and a SDPI PL20180003630. During construction survey review county staff found the permit was issued in error and that the project as proposed/under construction does not meet the required setbacks set forth in Edison Village PUD ordinance 2013-83. Per that Ordinance, page 13, Section 3.6 minimum yard requirements, Letter C,number 3 states "Front Yard Setbacks CR 951 and Lely Cultural Parkway: The distance equal to the height of the building, but no less than twenty-five(25) feet". The Project was approved in the SDP with 25' Setbacks on both front yards with CR-951 and Lely Cultural Parkway.The building height is proposed with a mean height of 29' therefore should have been proposed with at least 29' setbacks. We are requesting that the language of the distance equal to the height of the building be revised to include a setback of 25' for building up to 30' and specific to lot 12 in Edison Village. The justification for this request is that the project was approved, under construction, and is comparable and consistent with the other projects previously constructed within this PUD. CORPORATE OFFICES 13180 LIVINGSTON ROAD—SUITE 204—NAPLES,FLORIDA 34109 P 239.596.9111 F 239.596.2637 c uu ASSOCIATES OF FLORIDA INC. Design Build General Contractor CGC#034149 AA26003191 I CA7607 .\ Ho)! `<IF-^,«��� � i (1v1 If you have any questions or comments regarding this application, please contact me by phone at(239) 596-9111 Extension 218 or by email.IGhrite c%phoenix-associates.com Sincerely, Thomas J. Ebrite Design Engineer Phoenix-Associates of Florida INC CORPORATE OFFICES 13180 LIVINGSTON ROAD—SUITE 204—NAPLES,FLORIDA 34109 P 239.596.9111 F 239.596.2637 Colrier County Growth Management Department April 03,2019 EDISON VILLAGE PROPERTY OWNERS ASSOCIATION INC%REGIONS CORP REAL ESTATE 250 RIVERCHASE PKWY E STE 600 HOOVER,AL 35244 EMAIL- RE: Planned Unit Development Insubstantial Change PL20190000108 Edison Village(PDI) Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions,please contact the appropriate staff member who conducted the review. The project will retain a"HOLD"status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: Addressing- GIS Review Reviewed By: Annis Moxam Email: annismoxam@colliergov.net Phone#: (239)252-5519 Correction Comment 1: Please provide a revised Master Plan that's legible.Also,make sure the abutting streets,street names are on the revised plans. RESPONSE: See Master Plan Included with this submittal. Rejected Review: County Attorney Review Reviewed By: Heidi Ashton-Cicko Email: heidiashton@colliergov.net Phone#: (239)252-8773 Correction Comment 2: On page 1 of the application, please write out the full, legal name of the property owner. Is the applicant MPO Properties Sierra Meadows LLC or is the applicant Gilbert H.Maulsby RESPONSE: Page 1 of the application has been revised to show property owner as MPO Properties Sierra Meadows LLC. See Application included with this submittal for revisions. Correction Comment 6: Please provide a legible version of the PUD Master Plan. RESPONSE: See Master Plan Included with this submittal. Correction Comment 8: Miscellaneous Corrections:Please make the changes to the proposed text per my review comments dated 4-2-19,to be provided by the planner. RESPONSE: See revised PUD document with revision per your comments included with this submittal. Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: MarkTempleton@colliergov.net Phone#: (239)252-2475 Correction Comment 1: Please ensure that the buffers are labeled on the master plan as they were on the previous master plan RESPONSE: See Master Plan with buffers labeled Included with this submittal Correction Comment 2: Buffers are not legible on the Master Plan RESPONSE: See Master Plan Included with this submittal with legible buffers shown GENERAL COMMENTS: [Gil Martinez] 1. Additional comments or stipulations may be forthcoming once a sufficient application has been submitted for review. This correspondence should not be construed as a position of support or non-support for any issues within the petition. Staff will analyze the petition and the recommendation will be contained in the staff report prepared for the Collier County Planning Commission(CCPC)or Hearing Examiner(Hex). RESPONSE: Acknowledged 2. Please be advised that pursuant to the LDC, an application can be considered closed if there has been no activity on the application for a period of six(6) months. That six months period will be calculated from the date of this letter. RESPONSE: Acknowledged 3. Please ensure that all members of your review team that may testify before the Hex/CCPC and the Board of County Commissioners(BCC)are registered as lobbyists with the county pursuant to the regulations regarding that issue. RESPONSE: Acknowledged 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. RESPONSE: Acknowledged 5. Please put revised dates on all exhibits and in the title block of the Site Plan. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document.Documents without this information will be rejected. RESPONSE: Acknowledged 6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. RESPONSE: Acknowledged 7. Public hearings cannot be held until the Neighborhood Information criteria has been met. In some petition types a Neighborhood Information Meeting(NIM) must be held while other petition types only require the agent to send a letter. All letters and ads must be pre-approved by the county planner. For additional information about the process please contact me. Please note that the NIM must be held at least 15 days prior to the first hearing. As you prepare for that meeting,please be aware of the following items: a) Please provide the required affidavit and its attachments prior to the meeting (in compliance with the LDC); and b) Please post signs to direct attendees to the exact meeting location; and c) Please ensure that there is sound amplification equipment available and working for this meeting. If there is no permanent equipment,please bring a tested/working portable microphone; and a) You must provide a written synopsis of the meeting that includes a list of all questions and answers as well as providing the audio/video tape; and b) Please prepare documents for hand out to all NIM attendees and the public hearing file, that show the differences in the uses that would be allowed in the existing and proposed zoning districts. This request is based upon recent CCPC direction. RESPONSE: Acknowledged 8. Note the adopted fee schedule requires payment of additional fees for petitions that require more than four resubmittals; please contact the appropriate staff and resolve issues to avoid this fee. 9. RESPONSE: Acknowledged If you have any questions,please contact me at(239)252-4211. Sincerely, Gil Martinez Principal Planner Growth Management Department I Al 1 16.45 1573 9Z 30NVM '4L'f105 OS dIU4N/AO1 '22 N011035 z1000,oN eor N ��� .. 1 V w llf n°/ `Z'6 _eE .e " °' "10e 1NIWd013h3Q 111J11VYJ3WW09 V - Gild 39V111A NOSIa3 X09 '.apo5 S3IYIOOSSV1OHV 1XVfl1S' oo;1/L �•aoo 'NI 'LN2NIO17n3Q 1.40S213QN20 :21OJ O2 .JJd / � —"'"gif-11; 00c a I I —II ___ — _— — —---- __ _ -7—'1.7. — * s=E —.� i1L0•Y= __ _— II1 , - ._ 1 1 I I Py 111111 SII 1 I 11 I11 1111 I 1 11 . 1 :E/ Al6— 1 I III II!I1- !II I 1f 11111 hi , ,I 1 I 1!I 'Li, 111a i' -�'r 3;i ;' — _ -- =�\\ e5::s L II II 'I 1111 Vi 1 _._-- I 1�.1 I I Vi 2- ; a gi \ 1 151 III g; p I g:a_�ym. I LI I E� ia;' —1,14h it I .—„a« 1 III ! �a� �a 11 11 Ili II di I I I I I ' 11 WI III 1j i_e I 1 1 1 I Ti I I g 1 I I III 1IIIII.' 1 9 I 1;1 l,� l II iii II CT`s 1 [ , 1 y 1 r a q a g - @2 l g. ,@ "Jr HN., i g. 81 g1g 1 Ag 1 lit I ie. m b R m Swm.« z «� o gg V_i o as� $a E E $ ° 6 R �g $g WQ l u 41m F :II f e qE e &5 v Plitt m a i s- iS,i p ! a : p gigot of jQaO ! ! E ill. ,i 4. iauz t [LO J S $ zO oc gig " €y A.---J O , zz a e ! �m� -. 030 � 3 � •� g $ � 9 � �� 9 � �A NO ii 11 ILI � � � NW —■ I1 ' l ,. W(3 U 4 P 1 111 ° ! I; .; 1 :el 4 !I.`a v� g v� " y g 3 gas .)r=GM JO 1m N11'1 a' @$ f ill g Ii 11 /IS 1ggg g I g g 11 ~ SECTION III COMMERICAL DISTRICT 3.6 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feet B.Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. C.Minimum yard requirements: 1.Front yard: Twenty-five (25)feet. 2.Front yard CR 951 and Lely Cultural Parkway: The distance equal to the height of the building, but no less than twenty-five (25)feet. However, the minimum front yard for structures up to Thirty (30) feet in zoned height, shall be twenty-five (25) feet for lot 12 of the Edison Village Subdivision in Plat book 43 page 76-77. 3.Side yard: Fifteen (15)feet. 4.Rear yard: Fifteen (15)feet. 5.Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25)feet 13 words underlined are added; words struck through are deleted Edison Village PDI PL20190000108 Revised 4/9/2019 page 1 of 1 PHOENIX ASSOCIATES OF FLORIDA,INC. CGC#034149 W W W.PHOENIX-ASSOCIATES.COM Design Build General Contractor June 6,2019 Collier County Development Review 2800 North Horseshoe Drive Naples, Florida 34104 To: Intake Planner From: Justin Ebrite Re: Planned Unit Development Insubstantial Change (4th Submittal) PL20190000108 Edison Village (PDI) Dear Intake Team, This Cover letter is to detail and request approval for Insubstantial Change to a PUD (PDI) for Proscan Sierra Meadows and the Edison Village PUD. This letter represents the 4th Submittal for this this review process and response to county insufficiency letter dated June 5, 2019. A copy of that letter can be found attached this letter with responses in red. Proscan Sierra Meadows is a proposed two-story, 14,562 square-foot commercial medical building on a 1.75-acre parcel within the Edison Village PUD development. The Edison Village PUD consists of Proscan and 2 other commercials parcels which have already been developed. The project is located at the northwest corner of Collier Boulevard and Lely Cultural Parkway at 8340 Sierra Meadows Boulevard, Section 22, Township 50 South, and Range 26 East in Collier County, Florida. The site is currently under construction and has an approved SDP PL#20170001033 and a SDPI PL20180003630. During construction survey review county staff found the permit was issued in error and that the project as proposed/under construction does not meet the required setbacks set forth in Edison Village PUD ordinance 2013-83. Per that Ordinance, page 13, Section 3.6 minimum yard requirements,Letter C, number 3 states"Front Yard Setbacks CR 951 and Lely Cultural Parkway: The distance equal to the height of the building, but no less than twenty-five (25) feet". The Project was approved in the SDP with 25' Setbacks on both front yards with CR-951 and Lely Cultural Parkway.The building height is proposed with a mean height of 29' therefore should have been proposed with at least 29' setbacks. We are requesting that the language of the distance equal to the height of the building be revised to include a setback of 25' for building up to 30' and specific to lot 12 in Edison Village. The justification for this request is that the project was approved, under construction, and is comparable and consistent with the other projects previously constructed within this PUD. CORPORATE OFFICES 13180 LIVINGSTON ROAD—SUITE 204—NAPLES,FLORIDA 34109 P 239.596.9111 F 239.5962637 PHOENIX ASSOCIATES OF FLORIDA,INC. CGC 11034149 W WW.PHOENIX-ASSOCIATES.COM Design Build General Contractor If you have any questions or comments regarding this Site Development Plan application, please Contact me at Phone (239) 596-9111 Extension 218 or by email JEbrite(wphoenix-associates.com Sincerely, Thomas '`J n"Ebrite Design Engineer Phoenix-Associates of Florida INC. CORPORATE OFFICES 13180 LIVINGSTON ROAD—SUITE 204—NAPLES,FLORIDA 34109 P 239.596.9111 F 239.596.2637 June 03,2019 Thomas J. Ebrite Phoenix Associates of Florida, Inc. 13180 Livingston Road Suite 204 Naples,FL 34109 EMAIL-JEbrite@Phoenix-Associates.com RE: Planned Unit Development Insubstantial Change PL20190000108 Edison Village(PDI) Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions,please contact the appropriate staff member who conducted the review. The project will retain a"HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: Mark.Templeton@colliercountyfl.gov Phone#: (239)252-2475 Correction Comment 1: Please ensure that the buffers are labeled on the master plan as they were on the previous master plan Rev. 2: Buffers are not legible on the Master Plan Rev. 3: The North 10'Type'D'buffer is not labeled. Please add this buffer label RESPONSE: Master Plan has been revised to show a label of "Typical 25' Type D landscape buffer" at the northern boundary of the PUD The following comments are informational and/or may include stipulations: • Applicants who are converting a paper submittal to E-Permitting must resubmit complete sets of all plans,signed and sealed,even if they were previously approved on an earlier review. As a reminder,all documents that are required to be signed and sealed must be digitally signed and sealed when submitting through our E- Permitting process. On the cover letter please identify that previous submittals were done through paper and that this submittal is by E-Permitting. Also, identification of the changes in cover letter(ex. See note#23 Civil Plan Sheet 4) improves the efficiency of the resubmittal review. • When addressing review comments,please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. • Please be advised that Sections 10.02.03.H.1,and 10.02.04.B.3.c require that a re- submittal must be made within 270 days of this letter. Stipulations: • The required subdivision improvements associated with Edison Village have not received final acceptance. Further approvals should be witheld until the improvements receive final acceptance. John H If you have any questions, please contact me at(239)252-4211. 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