Agenda 09/23/2008 Item #14AItem # 14A
September 23, 2008
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EXECUTIVE SUMMARY
REQUEST FOR DIRECTION TO PREPARE AND SUBMIT, INDEPENDENT FROM
THE CURRENT OR NEXT SCHEDULED LAND DEVELOPMENT CODE (LDC)
CYCLE, LDC AMENDMENTS APPLICABLE TO ALL PROPERTIES LOCATED
WITHIN THE STATE ROAD 29 COMMERCIAL OVERLAY SUBDISTRICT, THE
JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT, THE
AGRIBUSINESS OVERLAY SUBDISTRICT, THE FARM MARKET OVERLAY
SUBDISTRICT, THE MAIN STREET OVERLAY SUBDISTRICT AND POTENTIALLY
OTHER AREAS WITHIN THE URBAN DESIGNATED AREA AS DEPICTED ON THE
IMMOKALEE AREA MASTER PLAN, TO ESTABLISH A PROCESS ALLOWING
FOR DEVIATIONS FROM VARIOUS PROVISIONS OF THE FOLLOWING LDC
SECTIONS AND SUBSECTIONS: 4.05.00, OFF- STREET PARKING AND LOADING,
4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION REMOVAL; 5.03.00
ACCESSORY USES AND STRUCTURES, SUBSECTION 5.03.02, FENCES AND
WALLS, SECTION 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES,
SUBSECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, AND SUBSECTION
5.05.0$, ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.00
SIGNS.
OBJECTIVE: To obtain direction from the Board of County Commissioners (BCC) to proceed,
outside of the usual twice per year LDC amendment cycle, with interim LDC amendments as
described herein, intended to be in effect, until a comprehensive set of LDC amendments for the
Immokalee Urban Area is established. It is anticipated that the interim amendments would be in
effect for approximately 18 to 24 months.
CONSIDERATIONS: On several occasions, and most recently in conjunction with a substantial
rehabilitation of 150 units referred to as "Phase P' of Farm Worker Village, the Collier County
Housing Authority (which required a number of deviations from LDC provisions) the BCC
recommended that the LDC should be amended to establish a process to specifically allow for
deviations to the LDC for projects in the Immokalee Urban Area. On June 30, 2008, the BCC
approved a contract between the Immokalee CRA and RWA, Inc. (Consultant) which, in part,
requires the Consultant to develop LDC amendments that will be specific to the Immokalee
Urban area. As part of that process, the consultant will review the existing LDC provisions
(including provisions within the existing zoning Overlays in the Immokalee Urban Area) and
will develop, where appropriate, Immokalee - specific LDC requirements. That process is
anticipated to be completed (by December of 2009) but, in fact, may take longer, given the usual
LDC amendment adoption process. Any number of projects may require relief prior to December
of 2009 (or to whatever date the comprehensive Immokalee LDC amendments are ultimately
approved).
This interim amendment will establish a process that will allow for deviations from the various
LDC provisions cited above, within existing Immokalee Urban Designated Area, including: the
State Road 29 Commercial Overlay Subdistrict, the Jefferson Avenue Commercial Overlay
Subdistrict, the Agribusiness Overlay Subdistrict, the Farm Market Overlay Subdistrict, and the
Item # 14A
September 23, 2008
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Main Street Overlay Subdistrict. Ultimately, as part of the overall Immokalee CRA Master Plan
update, it is anticipated that the deviation process will be expanded to be applicable to the entire
Immokalee Urban area or specific land development regulations for Immokalee will be adopted
to reduce or eliminate the need for the deviation process.
The interim amendments will require that the BCC authorize the CRA to submit the amendments
outside of the usual LDC amendment cycles, and further that the review process and hearing
schedule be expedited.
GROWTH MANAGEMENT IMPACT: These interim amendments and any future
amendments must be consistent with the Goals, Objectives, and Policies (GOPs) of the Growth
Management Plan (GMP). The deviation process may further implement the various housing and
economic development related GOPs.
FISCAL AND OPERATIONAL IMPACT: There is an established LDC Amendment Fee
($3,000.00) to cover the cost of the LDC amendment(s). It is also anticipated that a fee will be
established to cover the staff processing and review, as well as any advertising associated with
any future deviations. Operational impacts will be minimal in that the deviation process will
follow existing review and approval procedures already in place (such as the SDP or SDP
amendment process).
LEGAL CONSIDERATIONS: Pursuant to Subsection 10.02.09 of the LDC, the LDC may be
amended only twice per year. The BCC may allow additional amendment cycles for specific
purposes in any given year by supetmajority vote (See Subsection 10.02,09A. of the LDC).
(MMSS)
RECOMMENDATION: That the BCC authorize the additional LDC amendment cycle, outside
of, or independent from, the usual LDC amendment cycles, and that the review and scheduling,
for this amendment cycle be expedited by staff.
PREPARED BY:
Community Redevelopment Agency
Item # 14A
September 23, 2008
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Request for direction to prepare and submit, independent from the current or next scheduled land
development code (LDC) cycle, LDC amendments applicable to all properties located within State
Road 29 Commercial Overlay Subdistrict, the Jefferson Avenue Commercial Overlay Subdistrict,
the Agribusiness Overlay Subdistrict, the Farm Market Overlay Subdistrict, the Main Street Overlay
Subdistrict and potentially other areas within the Urban Designated Area as depicted on the
Immokalee Area Master Plan, to establish a process allowing for deviations from various
provisions of the following LDC Sections and Subsections: 4.05.00, off- street parking and loading,
4.06.00 landscaping, buffering, and vegetation removal; 5.03.00 accessory uses and structures,
Subsection 5.03.02, fences and wall, Section 5.05.00 supplemental standards for specific uses,
Subsection 5.05.05 automobile service stations, and Subsection 5.05.08, architectural and site
design standards, Section 5.06.00 signs. (Penny Phillippi, Immokalee CRA Director)
Prepared By:
Department Date
Immokalee CRA 9/11/2008 8:42:59 AM
Approved By:
Department Approval Date
County Attorney Approved 9/11/2008 10:10 AM
Approved By:
Department Approval Date
County
Manager's Office Approved 9/11/2008 5:11 PM
ATTACHMENTS:
Name: Descnptlon: Type:
❑ LDC Amendment.pdf Interim LDC Amendment Cover Memo