Agenda 10/22/2019 Item #16A20 (Bring back LDC & Administrative Code Amendments)10/22/2019
EXECUTIVE SUMMARY
Recommendation to direct staff to bring back for a public hearing an ordinance, amending the
Land Development Code and the Administrative Code to clarify the submittal requirements,
criteria for review, and approval process for special events that will require the use of county
owned or maintained rights-of-way, and allow applications for such events to be processed under
the proposed new standards while the LDC amendment process is pending.
_____________________________________________________________________________________
OBJECTIVE: To provide sufficient time and standard procedures for County divisions or other outside
agencies required to review all special event applications and to streamline the permitting process
especially for application which will require road closure such as parades, races, rallies, or other event
that would require the use of Collier County owned or maintained rights -of-way. This change would
provide staff and outside groups such as the Sheriff’s Office, Fire Districts, Emergency Medical Services,
Bureau of Emergency Services, and Collier County Risk Management, the opportunity to review in detail
each application and enhance the health and safety of the residents and visitors to Collier County.
CONSIDERATIONS: The Land Development Code is silent with regards to standards for special
events that will require the use of county owned and/or maintained right-of-way, such as foot races or
bicycle races. Depending on the location and timing, these events can have a significant impact on traffic
and access to private properties. Staff proposes establishing the following standards and approval process
for these events:
• A requirement for temporary use permits (TUP) for events which take place in any county owned
or maintained rights-of-way (this applies to sidewalks, travel lanes, etc.).
• A requirement for a public hearing in front of the Hearing Examiner for any event which
necessitates the use of any arterial or collector rights-of-way or for the closing of any county
owned or maintained rights-of-way during AM or PM peak hours.
• A requirement to submit applications a minimum of 60 days prior to the beginning of an event
that requires administrative approval and 120 days prior to an event that requires a public hearing.
• The ability to appeal administrative decisions to the Hearing Examiner and to appeal Hearing
Examiner decisions to the Board of Zoning Appeals.
• A requirement for TUPs for events in rights-of-way to be reviewed by:
o Collier County Growth Management Division,
o Collier County Sherriff’s Office,
o Fire Districts,
o Emergency Medical Services,
o Collier County Bureau of Emergency Services, and
o Collier County Risk Management.
• A requirement for site plans and route maps.
• A requirement for certified crowd control managers.
• An allowance for the County Manager or designee to revoke a TUP under certain circumstances.
• An allowance for directional signs to be located in the public right-of-way according to the
following criteria:
o Signs may display the event, name, date, location and directional arrow pointing in the
direction of the event only,
o No sales, advertisement, or commercial messages allowed on signs,
o Maximum dimension of 24 inches by 32 inches,
o No signs shall be erected more than seven days prior to a scheduled event, and all signs
must be removed within three business days after the event completion,
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o No signs may be located within the medians,
o No signs shall be attached to traffic control signs or other authorized highway signs,
o Limited to six signs within a five-mile radius of the event boundaries, and
o An additional allocation of up to 40 special event directional signs for events recognized
by the Board of County Commissioners to benefit the community.
• A requirement for Newspaper advertisement and mailed notice prior to the advertised public
hearing.
Standards in Other Communities
Standard Charlotte
County
Lee County City of
Naples
Sarasota
County
West Palm
Beach
Escambia
County
Limitations on Road
Closures
Traffic Safety
Plans/Maintenance
of Traffic
x x x x x
Application
Submittal Deadline
(prior to event date)
30 days
prior
30 days prior 1 year to 60
days prior
10 days
prior
6 months
for “high
impact
events” or
6 weeks
60 days
prior
Crowd Management Requires
coordination
with Sherriff
x x
Sign Standards x x x
Public Notice
Requirements
x
Multi-Agency
Review/Approval
x x x x
Cancellation During
Declared
Emergencies
x
Administrative
Approval
x x City
Council
approval
for street
closings
x Road
closures
approved
by Mayor
x
Appeal Process x
Location of
Standards
LDC LDC,
Administrative
Code, Stand-
alone Ordinance
LDC,
Application
LDC LDC,
Application
terms and
conditions
Application
Staff is requesting approval to advertise, and bring back for public hearing, an ordinance approving the
standards, processes and procedures described above, and authorization to allow staff to process existing
applications under the proposed new zoning standards while the zoning change is in progress.
FISCAL IMPACT: Cost of advertising for the LDC amendment is estimated at $1,200.
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GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority
vote for approval. An affirmative vote of four will be needed when the Board hears the LDC amendment
in the future. (HFAC)
RECOMMENDATION: Recommendation to direct staff to bring back for a public hearing an
ordinance, amending the Land Development Code and the Administrative Code to establish a temporary
use permit and approval process for special events that will require the use of county owned or
maintained rights-of-way, and allow applications for such events to be processed under the proposed new
standards while the LDC amendment process is pending.
Prepared by: James French, Deputy Department Head, Growth Management Department
Claudine Auclair, Business Center Manager, Growth Management Department
ATTACHMENT(S)
1. Draft LDCA for Executive Summary 10-14-19 w CAO approval (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Doc ID: 10215
Item Summary: Recommendation to direct staff to bring back for a public hearing an ordinance,
amending the Land Development Code and the Administrative Code to clarify the submittal requirements,
criteria for review, and approval process for special events that will require the use of county owned or
maintained rights-of-way, and allow applications for such events to be processed under the proposed new
standards while the LDC amendment process is pending.
Meeting Date: 10/22/2019
Prepared by:
Title: Supervisor - Operations – Road Maintenance
Name: Diane Lynch
10/02/2019 10:01 AM
Submitted by:
Title: Division Director - Operations Support – Growth Management Operations & Regulatory
Management
Name: Kenneth Kovensky
10/02/2019 10:01 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/02/2019 2:30 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/02/2019 2:30 PM
Growth Management Department James C French Deputy Department Head Review Completed 10/02/2019 10:55 PM
Road Maintenance Diane Lynch Additional Reviewer Completed 10/15/2019 2:58 PM
County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 10/15/2019 4:06 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/15/2019 4:13 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/15/2019 4:25 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/15/2019 4:53 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/16/2019 11:30 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM
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Amend the LDC as follows:
5.04.05 – Temporary Events 1
2
A. Special Events. This section establishes the location and development standards for 3
special events, including temporary market events, sales and promotional events, and 4
sports, religious, and community events, and events in rights-of-way. 5
6
1. Standards applicable to all special events. 7
8
a. Sanitary facilities shall be provided for the duration of the event. Proof 9
of consent by business management shall be provided if permanent 10
business restrooms are to be used. 11
12
b. Safe ingress and egress shall be provided to the site, including 13
emergency access measures. 14
15
c. A maximum of 25 percent of the vehicular use area may be occupied or 16
otherwise rendered unusable by the placement of temporary structures, 17
equipment, and merchandise associated with the special event, unless 18
equivalent additional off-site parking is provided. 19
20
d. The minimum required number of handicapped parking spaces for the 21
site pursuant to LDC section 4.05.07 shall not be used for the special 22
event. 23
24
e. In support of the special event, temporary structures, equipment, 25
merchandise, and signage may be placed on the site subject to the 26
approval of a site diagram depicting the locations of principal structures, 27
parking, temporary structures, and signage. 28
29
i. Temporary signage shall be subject to the restrictions set forth in 30
LDC section 5.04.06. 31
32
ii. All temporary structures, equipment, merchandise, or placement 33
and parking of vehicles in conjunction with the special event shall 34
be located in a parking lot or open space at least 10 feet from the 35
property line, except events in rights-of-way that are approved in 36
accordance with LDC section 5.04.05 A.5. All temporary 37
structures, equipment, merchandise, or placement and parking 38
of vehicles in conjunction with the special event and shall be 39
removed at the conclusion of each event. 40
41
iii. A building permit may be required for the erection of temporary 42
tents or structures. 43
44
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f. See Collier County Code of Laws Sections 118 -102 and 118-131 to 118-1
155, or successor sections, for additional standards related to solid 2
waste and recycling collection. 3
4
g. No sales, advertising, or other activity related to the special event shall 5
be permitted in the public right-of-way in accordance with Collier County 6
Code of Laws Section 26-1, or successor sections , unless approved in 7
accordance with LDC section 5.04.05 A.5 . 8
9
h. Application. The Administrative Code shall establish the procedural 10
requirements for special events. 11
12
* * * * * * * * * * * * * 13
14
5. Events in Rights-of-Way. 15
16
a. A temporary use permit shall be required for events which take place in any 17
county owned or maintained rights-of-way. 18
19
b. The temporary use permit application shall be submitted at least 120 days 20
prior to an event that requires Hearing Examiner approval or 60 days prior 21
to an event that requires administrative approval. 22
23
c. At a minimum, temporary use permit applications for events in rights-of-24
way shall be reviewed by the following Collier County departments, 25
divisions, and outside agencies: 26
27
i. Collier County Growth Management Department shall determine 28
compliance with all applicable development standards. 29
30
ii. Collier County Sherriff’s Office shall determine whether any 31
additional security or police service is necessary. 32
33
iii. The applicable fire district shall determine whether any additional 34
fire service is required. 35
36
iv. Emergency Medical Services shall determine whether any 37
additional medical services are required. 38
39
v. Collier County Bureau of Emergency Services shall determine 40
whether additional crowd control is required. 41
42
vi. Collier County Risk Management shall determine whether 43
additional insurance or bonds are required for the event. 44
45
d. Any event which necessitates the use of the right-of-way of any arterial or 46
collector roadway, or any event which necessitates closing all or part of any 47
County owned or maintained right-of-way between the hours of 7:00 AM 48
through 9:00 AM or 3:30 PM through 6:30 PM shall require review and 49
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approval at a public hearing of the Hearing Examiner or Board of County 1
Commissioners. Public notice shall be in accordance with LDC section 2
10.03.06 Z. Any appeal from a Hearing Examiner decision shall be to the 3
Board of Zoning Appeals. 4
5
e. Events that do not require public hearing as set forth in LDC section 5.04.05 6
A.5.d. above, shall be reviewed by the County Manager or designee. Any 7
appeal from an administrative determination shall be to the Hearing 8
Examiner or Board of Zoning Appeals, as applicable. 9
10
f. Criteria for review: 11
12
i. The applicant has complied with all required criteria outlined on the 13
permit application form. 14
15
ii. Sufficient support personnel are available to assist in the conduct 16
of the event. 17
18
iii. Adequate support facilities are available for the event with the 19
support facilities including, but not being limited to, parking, refuse 20
collection, sanitation, and lighting. 21
22
iv. No conflict exists with the requested event and other approved and 23
previously scheduled events. 24
25
v. Crowd size has been determined to be a manageable size for the 26
proposed event and site. 27
28
vi. The event is generally compatible with the character of the 29
surrounding area. 30
31
vii. The applicant complied with terms and conditions of any previously 32
granted permits. 33
34
g. Applications shall include a site plan and route map that shows the: 35
proposed route of the event, areas of assembly or dispersal; parking areas; 36
locations of directional signs, maintenance of traffic signs (such as detour 37
signs, barricades, or cones); stationing of any crowd managers, officers, or 38
flagpersons, temporary detours to be utilized by the public, and all 39
temporary construction or structures (stages, booths, water and toilet 40
facilities, etc.). 41
42
h. Certified crowd control managers shall be provided at a minimum ratio of 1 43
per 250 participants or attendees. Hiring of off-duty deputies shall satisfy 44
the requirement for certified crowd control managers. 45
46
i. The County Manager or designee may revoke a temporary use permit if it 47
is determined that any condition or stipulation has been violated, that the 48
approval was in error or based on inaccurate information, or that the use 49
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negatively impacts the surrounding uses or poses a safety hazard, or 1
otherwise is negatively impacting the safety, health or welfare of the 2
general public. 3
4
# # # # # # # # # # # # # 5
6
5.04.06 - Temporary Signs 7
8
A. A temporary use permit is required for the placement of any temporary ground sign, snipe 9
sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed 10
subject to the restrictions imposed by this section. 11
12
1. The County Manager or designee may issue temporary sign permits, classified by 13
use, as necessary to adequately address each of the temporary signs described 14
within this section. For each permit type the nonrefundable fee shall be as 15
established in the fee schedule for the services performed by the Growth 16
Management Division. 17
18
2. Temporary signs and banners shall not be erected prior to obtaining the 19
appropriate temporary use permit, and shall be removed on or before the 20
expiration date of the temporary use permit authorizing said sign. 21
22
3. Standards applicable to all temporary signs. 23
24
a. Temporary signs and banners permitted by authority of this section shall 25
not be placed within any public right-of-way. 26
27
i. Sign placement shall not obstruct or impair the safe visibility, 28
ingress, or egress of pedestrians and motorists. 29
30
b. The occupant of a lot, parcel, multi-tenant parcel or mixed use building, may 31
display 1 on-site temporary sign; a second such sign may be displayed on a 32
property having a second street frontage. 33
34
c. Absent specific standards to the contrary, temporary signs shall be located onsite 35
and no closer than 10 feet to any property line. 36
37
d. Temporary signs and banners used on nonresidential or mixed use properties shall 38
not exceed 32 square feet in sign area or 8 feet in height. 39
40
e. Temporary signs used on residentially zoned properties shall not exceed 4 square 41
feet in area or 3 feet in height. 42
43
B. Temporary Sign Permit Types and Standards. 44
45
1. Temporary Events. A temporary use permit for a temporary event, issued per 46
section 5.04.05., shall allow for the placement of temporary signage as classified 47
and regulated herein. 48
49
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a. A "sign only" temporary use permit may be issued for temporary ground 1
signs and banners used to promote a sale, event, or activity not requiring 2
a temporary event temporary use permit per section 5.04.05 of this Code. 3
Such uses include, however are not limited to, study or course offerings, 4
vacation camp, non-public indoor events, and sales events occurring within 5
the confines of an established business. 6
7
i. "Sign only" temporary use permits will be allowed, regulated, and 8
enforced as special event signs. 9
10
ii. Time limits for "sign only" temporary use permits shall be the same 11
as those for special events, see subsection 5.04.05 A.3. 12
13
b. Special event signs. 14
15
i. Special event signs shall be erected not more than 15 calendar 16
days prior to the supporting event and shall be removed within 7 17
calendar days after the event has taken place. 18
19
c. Seasonal sales signs. 20
21
d. Garage sales signs. Two temporary signs may be placed on the property 22
where the sale is being conducted. 23
24
e. Directional signs for events in rights-of-way signs. 25
26
i. Signs may display the event, name, date, location and directional 27
arrow pointing in the direction of the event only. 28
29
ii. No sales, advertisement, or commercial message is allowed on 30
signs. 31
32
iii. Maximum dimension of 24 inches by 32 inches. 33
34
iv. No signs shall be erected more than seven days prior to a 35
scheduled event, and all signs must be removed within three 36
business days after the event completion. 37
38
v. No signs may be located within the medians. 39
40
vi. No signs shall be attached to traffic control signs or other authorized 41
highway signs. 42
43
vii. Limited to six signs within a five-mile radius of the event boundaries. 44
However, events recognized at a regular meeting of the Board of 45
County Commissioners to benefit the Community are limited to up 46
to 40 directional signs. 47
48
# # # # # # # # # # # # # 49
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10.03.06 – Public Notice and Required Hearings for Land Use Petitions 1
2
* * * * * * * * * * * * * 3
4
Z. Events in Rights-of-Way, pursuant to LDC section 5.04.05 A.5. 5
6
1. The following advertised public hearing is required: 7
8
a. One Hearing Examiner or BCC Hearing. 9
10
2. The following notice procedures are required: 11
12
a. Newspaper Advertisement prior to the advertised public hearing in 13
accordance with F.S. 125.66. 14
15
b. Mailed Notice prior to the first advertised public hearing. For the purposes 16
of this application, all mailed notices shall be sent to property owners, and 17
neighborhood and business associations within one-quarter mile radius 18
from the event. 19
20
# # # # # # # # # # # # # 21
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