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Agenda 03/10/2020 Item #16A 9 (Readvertise Ordinance Amending the LDC)Proposed Agenda Changes Board of County Commissioners Meeting March 10, 2020 Add-On Item 5B (To be heard immediately following Item 2A): Presentation and update by Collier County Public Health Department Director, Stephanie Vick and Emergency Services Director, Dan Summers, regarding COVID-19. Move Item 16A9 to Item 11E: Recommendation to direct staff to advertise, and bring back for a public hearing, at the April 28, 2020 Board Meeting, an Ordinance amending the Land Development Code relating to the timing of required inspections for communication towers, to add a Nominal Alteration Plan to simplify the review of certain changes to Site Development Plans, to limit architectural lighting on buildings and light on car wash equipment, to clarify public notice provisions for certain land use petitions, and to correct citations. (Staff’s request) Withdraw Item 16D3: Recommendation to approve and authorize the Chairman to sign the attached Interlocal Agreement which provides for services and education via multi- county Agricultural Extension Agents of the University of Florida Institute of Food and Agricultural Sciences Extension and authorize $32,422.52 as Collier County’s proportionate share of this Agreement. (Staff’s request) Time Certain Items: Item 13A to be heard immediately following Item 5A 3/10/2020 8:08 AM 03/10/2020 EXECUTIVE SUMMARY Recommendation to direct staff to advertise, and bring back for a public hearing, at the April 28, 2020 Board Meeting, an Ordinance amending the Land Development Code relating to the timing of required inspections for communication towers, to add a Nominal Alteration Plan to simplify the review of certain changes to Site Development Plans, to limit architectural lighting on buildings and light on car wash equipment, to clarify public notice provisions for certain land use petitions, and to correct citations. OBJECTIVE: To obtain Board direction to advertise and hold a public hearing for a proposed Land Development Code (LDC) amendments. CONSIDERATIONS: The LDC amendments are related to various types of amendments, including: 1. Building Illumination (LDC Sections 1.08.02, 5.05.08, and 5.05.11) - This amendment is the result of Board direction to address certain types of lighting on buildings that can become a nuisance, or which may be out of character with the surrounding community. This amendment clarifies the difference between accent lighting and architectural lighting, adds limitations to the illumination of buildings to the architectural and site design standards, and prohibits lighting that changes color, flashes, or alternates more than once per day on buildings subject to architectural and site design standards and on car wash equipment. 2. Communication Towers (LDC Section 5.05.09) - This amendment reduces the required timeframes between inspections for guyed and self-supporting communication towers, while keeping the timing and standards of inspections consistent with industry standards. 3. Nominal Alteration Plan (LDC Section 10.02.03) - This amendment codifies the Nominal Alteration Plan (NAP) process, a more streamlined review of limited, minor changes to approved Site Development Plans (SDP) and Site Improvement Plans (SIP), or to sites without an existing SDP or SIP. 4. Public Notice (LDC Section 10.03.06) - This amendment clarifies the method of public notice for several petition types that require a public hearing and updates requirements based on current notice policies. 5. Scrivener’s Errors (LDC Sections 2.03.05, 2.03.07, 2.03.07, 2.03.08, 4.06.02, 5.03.06, 9.04.04, Appendix A, and Appendix C) - This amendment corrects scrivener’s errors, cross references from previously approved LDC amendments and updates the current Clerk of Court’s signatory block for standard performance security documents, plats and required certifications. DSAC RECOMMENDATION: The DSAC reviewed the amendments in August and October 2019, and recommended approval of the amendments as presented. CCPC RECOMMENDATION: 1. Building Illumination - The CCPC recommended approval of the LDC amendment, as presented on November 21, 2019. 2. Communication Towers - The CCPC recommended approval of the amendment by a vote of 5-1, 16.A.9 Packet Pg. 519 03/10/2020 on November 21,2019. The dissenter (Commissioner Fryer) had concerns about relaxing a safety requirement. 3. Nominal Alteration Plan - The CCPC recommended approval of the LDC amendment, as presented on November 21, 2019. 4. Public Notice - The CCPC recommended approval of the proposed LDC amendment, as presented on December 19, 2019. 5. Scrivener’s Errors - The CCPC recommended approval of the proposed LDC amendment, as presented on November 21, 2019. FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County, however the amendment related to Building Illumination may result in businesses to become non-conforming with lighting restrictions. Businesses will bear any cost associated with removing or replacing previously installed lighting, if necessary. County reviews of architectural plans will require applicants to indicate lighting colors and color changes. The communication towers amendment will result in less frequent inspection reports which will result in a reduction of costs for the tower industry. There are no fiscal impacts associated with the remaining amendments. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for the advertising of the amendments. (HFAC) GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: To direct staff to advertise, and bring back for a public hearing, an Ordinance amending in the LDC. Prepared by: Ellen Summers, MPA, Senior Planner, Zoning Division ATTACHMENT(S) 1. draft LDC ordinance - 1.28.20 (PDF) 2. 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (PDF) 3. Communication Tower PACKET (02-10-2020) (PDF) 4. LDC Section 10.03.06 E for BCC 2-10-2020 (PDF) 5. Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020 (PDF) 6. Scrivener's Errors and Cross References 02-10-20 (PDF) 16.A.9 Packet Pg. 520 03/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 11638 Item Summary: Recommendation to direct staff to advertise, and bring back for a public hearing, at the April 28, 2020 Board Meeting, an Ordinance amending the Land Development Code relating to the timing of required inspections for communication towers, to add a Nominal Alteration Plan to simplify the review of certain changes to Site Development Plans, to limit architectural lighting on buildings and light on car wash equipment, to clarify public notice provisions for certain land use petitions, and to correct citations. Meeting Date: 03/10/2020 Prepared by: Title: Planner – Zoning Name: Ellen Summers 02/10/2020 1:29 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 02/10/2020 1:29 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 02/10/2020 3:18 PM Zoning Jeremy Frantz Additional Reviewer Completed 02/11/2020 9:12 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/12/2020 12:40 PM Growth Management Department James C French Deputy Department Head Review Completed 02/14/2020 2:28 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 02/14/2020 4:46 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/14/2020 4:52 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/18/2020 8:48 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/19/2020 11:27 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/01/2020 11:05 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/10/2020 9:00 AM 16.A.9 Packet Pg. 521 16.A.9.a Packet Pg. 522 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 523 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 524 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 525 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 526 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 527 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 528 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 529 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 530 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 531 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 532 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 533 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 534 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 535 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 536 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 537 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 538 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 539 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 540 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 541 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 542 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 543 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 16.A.9.a Packet Pg. 544 Attachment: draft LDC ordinance - 1.28.20 (11638 : Direction to Advertise LDC Amendments) 1 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20.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 3/10/2020 CCPC 11/21/2019 DSAC 8/07/2019 DSAC-LDR 6/18/2019 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with Changes DSAC Approval CCPC Approval BACKGROUND Lighting technology advances have led to the development of architectural lighting that includes a wide variety of designs and colors. 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 that changes color, flashes, or alternates more than once per day on buildings subject to architectural and site design standards and on car wash equipment. 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 A). 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 16.A.9.b Packet Pg. 545 Attachment: 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (11638 : Direction to Advertise LDC Amendments) 2 L:\LDC Amendments\Current Work\Building Illumination (PL20190001080)\1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20.docx equipment at carwashes abutting residential zoning districts in LDC Section 5.05.11. 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, if necessary. 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 16.A.9.b Packet Pg. 546 Attachment: 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (11638 : Direction to Advertise LDC Amendments) 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 - 1-21- 20.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 with lights that change color, 43 flash, or alternate at intervals more frequently than once per day is 44 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 16.A.9.b Packet Pg. 547 Attachment: 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (11638 : Direction to Advertise LDC Amendments) 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 - 1-21- 20.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 16.A.9.b Packet Pg. 548 Attachment: 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (11638 : Direction to Advertise LDC Amendments) 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 - 1-21- 20.docx 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 16.A.9.b Packet Pg. 549 Attachment: 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (11638 : Direction to Advertise LDC Amendments) 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 - 1-21- 20.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 16.A.9.b Packet Pg. 550 Attachment: 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (11638 : Direction to Advertise LDC Amendments) 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 - 1-21- 20.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 sp ecific 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 angle 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. Ac cent 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). Acce nt 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. 16.A.9.b Packet Pg. 551 Attachment: 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (11638 : Direction to Advertise LDC Amendments) 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 - 1-21- 20.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; 16.A.9.b Packet Pg. 552 Attachment: 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (11638 : Direction to Advertise LDC Amendments) 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 - 1-21- 20.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. 16.A.9.b Packet Pg. 553 Attachment: 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (11638 : Direction to Advertise LDC Amendments) 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 - 1-21- 20.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. 16.A.9.b Packet Pg. 554 Attachment: 1.08.02 5.05.08 5.05.11 Building Illumination - 1-21-20 (11638 : Direction to Advertise LDC Amendments) 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\March 10\Materials\Communication Tower Backup\Proposed Text to BCC (02-10-2020).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 03-10-2020 11-21-2019 08-07-2019 06-18-2019 5.05.09 Communication Towers ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC Approval CCPC Approval (5-1) 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 16.A.9.c Packet Pg. 555 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\March 10\Materials\Communication Tower Backup\Proposed Text to BCC (02-10-2020).docx Board of County Commissioners (Board) hearings leading up to its adoption. During the first hearing, 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. Collier County Planning Commission (CCPC) Recommendation: The CCPC recommended approval of the amendment by a vote of 5-1. The dissenter (Mr. Fryer) had concerns about relaxing a safety requirement. 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 – PAN ANSI_TIA-222-H; and E – 47 CFR 17.47 16.A.9.c Packet Pg. 556 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 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\BCC\2020\March 10\Materials\Communication Tower Backup\Proposed Text to BCC (02-10-2020).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 16.A.9.c Packet Pg. 557 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 558 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 559 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 560 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 561 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 562 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 563 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise 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Amendments) 16.A.9.c Packet Pg. 580 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 581 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 582 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 583 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 584 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 585 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 586 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 587 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 588 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 589 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 590 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 591 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 592 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 593 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 594 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 595 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 596 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 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 16.A.9.c Packet Pg. 597 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 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)16.A.9.c Packet Pg. 598 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 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)16.A.9.c Packet Pg. 599 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 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)16.A.9.c Packet Pg. 600 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 601 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 16.A.9.c Packet Pg. 602 Attachment: Communication Tower PACKET (02-10-2020) (11638 : Direction to Advertise LDC Amendments) 1 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 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 – 3/10/20 & 4/28/20 CCPC – 11/21/19 & 12/19/19 DSAC – 8/09/19 DSAC-LDR –6/18/19 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC Approval CCPC Approval 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. DSAC Recommendation The DSAC recommended approval of the proposed LDC amendment, as presented. 16.A.9.d Packet Pg. 603 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 2 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 CCPC Recommendation The CCPC recommended approval of the proposed LDC amendment, as presented. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. ATTACHMENTS: A) Proposed Administrative Code Updates 16.A.9.d Packet Pg. 604 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 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 20 a. One Planning Commission hearing. 21 22 b. One BCC or BZA hearing. 23 24 2. The following notice procedures are required: 25 26 a. A NIM. See LDC section 10.03.05 A. 27 28 b. Mailed Notice prior to the first advertised public hearing. 29 30 c. Newspaper Advertisement prior to each advertised public hearing in 31 accordance with F.S. § 125.66. 32 33 d. Posting of a sign prior to the first advertised public hearing. 34 35 e. For a rezoning or a PUD amendment the County shall notify by mail 36 each owner within the area covered by the proposed ordinance or 37 resolution of the time, place, and location of the public hearing before 38 the BCC or BZA. 39 40 * * * * * * * * * * * * * 41 D. PUD extension, cConditional use extension, or conditional use re-review: 42 43 1. The following advertised public hearings are required: 44 a. One BZA or Hearing Examiner hearing. 45 46 2. The following notice procedures are required: 47 48 a. Mailed Notice prior to the advertised public hearing. 49 16.A.9.d Packet Pg. 605 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 b. Newspaper Advertisement prior to the advertised public hearing. 1 2 c. Posting of a sign prior to the advertised public hearing. Signage is not 3 required for a conditional use re-review. 4 5 E. Ordinance or resolution for comprehensive plan amendments: 6 7 1. The following advertised public hearings are required: 8 9 a. One or more Planning Commission hearings pursuant to F.S. Chapter 10 163. 11 12 b. One or more BCC hearings pursuant to F.S. Chapter 163. 13 14 2. The following notice procedures are required: 15 16 a. Small-scale amendments: 17 i. A NIM. See LDC section 10.03.05 A., which shall be held after 18 the first set of staff review comments have been issued and prior 19 to the Planning Commission hearing. 20 21 ii. Mailed Notice prior to the advertised Planning Commission 22 hearing. 23 24 iii. Newspaper Advertisement prior to each advertised public 25 hearing. 26 27 iv. Posting of a sign prior to the advertised Planning Commission 28 hearing. 29 30 v. Mailed Notice shall be sent to each real property owner within the 31 area covered by the proposed plan amendment prior to the 32 advertised BCC public hearing. 33 34 b. RegularLarge-scale amendments: 35 36 i. A NIM, which shall be held after the first set of staff review 37 comments have been issued and prior to the Planning 38 Commission adoption hearing for a site specific amendment. 39 40 ii. Mailed Notice prior to the advertised Planning Commission 41 hearing for a site specific amendment. 42 43 iii. Newspaper Advertisement prior to each advertised public 44 hearing. 45 46 iv. Posting of a sign prior to the advertised Planning Commission 47 hearing for a site specific amendment. 48 49 16.A.9.d Packet Pg. 606 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 v. Mailed Notice shall be sent to each real property owner within the 1 area covered by the proposed plan amendment prior to the 2 advertised BCC public hearing. 3 i. For all large-scale amendments, a Newspaper Advertisement 4 prior to each advertised public hearing. 5 6 ii. For large-scale amendments that are site-specific, the additional 7 notice procedures are required: 8 9 a) A NIM. See LDC section 10.03.05 A. 10 11 b) Mailed Notice prior to the advertised Planning 12 Commission hearing. 13 14 c) Posting of a sign prior to the advertised Planning 15 Commission hearing. 16 * * * * * * * * * * * * * 17 # # # # # # # # # # # # # 18 16.A.9.d Packet Pg. 607 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 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.  Note: Refer to F.S. § 163.3163 et. seq. for State requirements. 16.A.9.d Packet Pg. 608 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 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 in a newspaper of general circulation. 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; and • c. 2 in. x 3 in. map of the project location.; and • 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. 16.A.9.d Packet Pg. 609 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 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 in a newspaper of general circulation. 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 • c. 2 in. x 3 in. map of the project location., if site specific; and • 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 16.A.9.d Packet Pg. 610 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 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. 54. 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 in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Clear explanation of the proposed ordinance or resolution as it affects the subject property; and • b. Date, time, and location of one or more public hearings.; • 2 in. x 3 in. map of the project location; and • 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 16.A.9.d Packet Pg. 611 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 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 Regular Large-scale Amendment is reviewed by the BCC at a 16.A.9.d Packet Pg. 612 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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 11 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\Public Notice\Drafts\LDC Section 10.03.06 E for BCC 2-10-2020.docx REV. 2/10/2020 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 16.A.9.d Packet Pg. 613 Attachment: LDC Section 10.03.06 E for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 1 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020.docx REV. 2/10/2020 LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190001257 SUMMARY OF AMENDMENT This amendment codifies the Nominal Alteration Plan process, 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 03/10/20 & 04/28/20 CCPC 11/21/19 DSAC 08/07/19 DSAC-LDR 06/18/19 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC Approval CCPC Approval 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 the Nominal Alteration Plan (NAP) process, 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. DSAC Recommendation The DSAC recommended approval of the LDC amendment, as presented. 16.A.9.e Packet Pg. 614 Attachment: Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 2 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020.docx REV. 2/10/2020 CCPC Recommendation The CCPC recommended approval of the LDC amendment, as presented. 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 The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. ATTACHMENTS: A) Proposed Administrative Code Section 16.A.9.e Packet Pg. 615 Attachment: Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020.docx REV. 2/10/2020 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 and 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 impacts 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 alteration plan; 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 16.A.9.e Packet Pg. 616 Attachment: Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020.docx REV. 2/10/2020 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 expan sion 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 Florida Water 11 Management District or Collier C ounty 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 ancillary systems in Collier County will be p ermitted 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 include 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, address 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 16.A.9.e Packet Pg. 617 Attachment: Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020.docx REV. 2/10/2020 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 Alteration Plan 4 (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 inspect ion 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 sha ll 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, landsc aping, buffering, identified 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 16.A.9.e Packet Pg. 618 Attachment: Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020.docx REV. 2/10/2020 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 Alteration Plan 36 (NAP), identified in LDC section 10.02.03 G.3., below. 37 38 3. Nominal Alteration Plan (NAP). The NAP can be utilized for changes to projects 39 that have an existing and approved SDP or SIP, and to projects that do not have 40 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 16.A.9.e Packet Pg. 619 Attachment: Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 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\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020.docx REV. 2/10/2020 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 16.A.9.e Packet Pg. 620 Attachment: Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) Attachment A – Proposed Administrative Code Section 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 4 | Administrative Procedures 8 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020.docx REV. 2/10/2020 I.6 Nominal Alteration Plan (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 development plan. A nominal alteration plan 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 Alteration Plan” application with the Development Review Division. See Chapter 1 D. for additional information regarding the procedu ral 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 Alteration Plan. 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. 8. Proposed Nominal Alteration Plan. Plan Requirements Sheet size: The Nominal Alteration Plan and the cover sheet (if required), 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 is only required to show the plan sheets that have changed. 16.A.9.e Packet Pg. 621 Attachment: Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) Attachment A – Proposed Administrative Code Section 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 4 | Administrative Procedures 9 \\bcc.colliergov.net\data\GMD-LDS\Administrative Code\Current Work\Admin Code LDC Amendments\NAP\Drafts\Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020.docx REV. 2/10/2020 2. For projects that do not have an existing SDP or SIP, a cover sheet with the following information is required: a. The project title; 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 16.A.9.e Packet Pg. 622 Attachment: Nominal Alteration Plan LDC Section 10.02.03 for BCC 2-10-2020 (11638 : Direction to Advertise LDC Amendments) 1 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02- 10-20.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190002003 SUMMARY OF AMENDMENT This amendment corrects scrivener’s errors, cross references from previously approved LDC amendments and updates the current Clerk of Court’s signatory block for standard performance security documents, plats and required certifications. LDC SECTIONS TO BE AMENDED 2.03.05 Civic and Institutional Zoning Districts 2.03.07 Overlay Zoning Districts 2.03.08 Rural Fringe Zoning Districts 4.06.02 Buffer Requirements 5.03.06 Dock Facilities 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment APPENDIX A Standard Performance Security Documents for Required Improvements APPENDIX C Final Subdivision Plat, Required Certifications and Suggested Text and Formats for other Required Information ORIGIN Growth Management Department HEARING DATES BCC 03-10-20 & 04-28-20 CCPC 11-21-19 DSAC 10-02-19 DSAC-LDR 09-17-19 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC Approval CCPC Approval BACKGROUND This amendment corrects scrivener’s errors and cross references in the following sections: LDC section 2.03.05 B.1.a.5: The permitted use, “continuing care residential community” for the Community Facility District should read “continuing care retirement community” which is the same use allowed for in commerical zoning districts. LDC section 2.03.07 G.7.e.xiii: The cross references to LDC section 4.05.04 “H” and “G.2” are in error. There is no subsection “H’ and should read 4.05.04 “G”. Additionally, the cross reference to LDC section 4.05.04 “G.2” should read LDC section 4.05.04 “F.4” which does authorizes the County Manager or Designee to determine minimum parking requirements for a use not referenced in Table 17 or for a required parking ratio to be modified. LDC sections 2.03.08 A.2.a.4.b.ii.a.iv and 2.03.08 A.2.a.b.ii.b.v: The cross reference to LDC section 4.02.01 should read LDC section 4.02.03. Presently, the referenced section relates to “Specific Standards for Location of Accessory Buildings and Structures” and instead should reference “ Dimensional Standards for Principal Uses in Base Zoning District”. LDC section 2.03.08 A.4.b.2.a: The words “Essential Uses” should read “Essential Services” which is consistent with LDC section 2.03.08 A.4.a.3.a. In LDC section 2.03.08 A.4.b.: The words “Uses Allowed” are changed to “Allowable Uses” which is consistent with LDC subsections 2.03.08 A.2.a.3 and 2.03.08 A.2.b.1. 16.A.9.f Packet Pg. 623 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments) 2 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02- 10-20.docx LDC section 4.06.02 B: The cross reference to LDC section 4.06.05 G should read LDC section 4.06.05 H. The removal of prohibited exotic material plant is not dependent upon sites adding buffers or buffer plantings, however they are required to be removed during site clearing per LDC section 3.05.08 “Requirement for Removal of Prohibited Exotic Vegetaion”. The installation and selection requirements for plant materials in buffers are standards to be met when buffers are required. LDC sections 5.03.06 E.12, 13, and14: When LDC was recodified by Ordinance 04-41, three categories where erroneously listed as applicable standards to all dock facilities rather than as categories that pertain to the “Manatee Awareness and Protection Plan” submittal requirements for multi-slip docking facilities with 10 or more slips. The correction clarifies its applicablity and consistency with the LDC recommendations established by the Board’s adoption of the Collier County’s Manatee Protection Plan, Section 3.2.1.1, in 1995 as prepared by the Natural Resource Department. (See Exhibit A) LDC section 9.04.04: When Ordinance 18-18 was adopted, the LDC amendment had erroneously referenced LDC section 4.02.02, “Dimension Standards for Conditional Uses and Accessory Uses in Base Zoning Districts.” The correct reference is LDC section 4.02.03, “Specific Standards for Location of Accessory Buildings and Structures” which does provide for structure to structure separation requirements. APPENDIX A and C: The signature block and name for the Clerk of Court is updated and replaced with a generic placeholder name which is consistent with the placeholder name for the Chairman of the Board of County Commissioners. DSAC had reviewed and approved an early draft amendment that only included Appendix C. The County Attorney’s Office has recommended the signature block and name for the Clerk of Court also be updated for Appendix A. Appendix A required forms are updated. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Excerpt of 1995 Collier County Manatee Protection Plan 16.A.9.f Packet Pg. 624 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments) 3 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02-10-20.docx Amend the LDC as follows: 1 2 2.03.05 Civic and Institutional Zoning Districts 3 4 B. Community Facility District (CF). The purpose and intent of (CF) district is to implement 5 the GMP by permitting nonresidential land uses as generally identified in the urban 6 designation of the future land use element. These uses can be characterized as public 7 facilities, institutional uses, open space uses, recreational uses, water-related or 8 dependent uses, and other such uses generally serving the community at large. The 9 dimensional standards are intended to insure compatibility with existing or future nearby 10 residential development. The CF district is limited to properties within the urban mixed 11 use land use designation as identified on the future land use map. 12 1. The following uses are permitted as of right, or as accessory or conditional uses, 13 in the community facility district (CF). 14 a. Permitted uses. 15 * * * * * * * * * * * * * 16 5. Nursing homes, assisted living facilities (ALF) pursuant to § 17 400.402 F.S. and ch. 58A-5 F.A.C., family care facilities, group 18 care facilities (category I) and continuing care residential 19 retirement communities pursuant to § 651 F.S. and ch. 4-193 20 F.A.C. all subject to LDC section 5.05.04. 21 * * * * * * * * * * * * * 22 # # # # # # # # # # # # # 23 24 2.03.07 Overlay Zoning Districts 25 * * * * * * * * * * * * * 26 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 27 distinct subdistricts for the purpose of establishing development criteria suitable for the 28 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 29 Urban Overlay District are delineated on the maps below. 30 * * * * * * * * * * * * * 31 7. Interim Deviations: Property owners within the Immokalee Urban Overlay District 32 may request deviations from specific dimensional requirements as described in 33 this section. A deviation request may be reviewed administratively or by the 34 Planning Commission depending upon its scope. This section addresses the 35 permissible deviations, limitations thereon, and the review process. 36 * * * * * * * * * * * * * 37 e. Applicability - List of Development Standards Eligible for Deviation 38 Requests. Property owners shall be eligible to seek a deviation from the 39 dimensional requirements of the following Code provisions LDC sections, 40 unless otherwise noted. 41 * * * * * * * * * * * * * 42 xiii. 4.05.04 H G (Spaces Required) Table 17 and 4.05.06 B Loading 43 Space Requirements, utilizing the existing administrative deviation 44 process set forth in LDC section 4.05.04 G.2. F.4, recognizing that 45 the reduced need for off-street parking in Immokalee may be 46 offered as a viable basis for such administrative deviation. 47 * * * * * * * * * * * * * 48 # # # # # # # # # # # # # 49 16.A.9.f Packet Pg. 625 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments) 4 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02-10-20.docx 2.03.08 Rural Fringe Zoning Districts 1 2 A. Rural Fringe Mixed-Use District (RFMU District) 3 * * * * * * * * * * * * * 4 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 5 district that have been identified as being most appropriate for development and 6 to which residential development units may be transferred from RFMU sending 7 lands. Based on the evaluation of available data, RFMU receiving lands have a 8 lesser degree of environmental or listed species habitat value than RFMU 9 sending lands and generally have been disturbed through development or 10 previous or existing agricultural operations. Various incentives are employed to 11 direct development into RFMU receiving lands and away from RFMU sending 12 lands, thereby maximizing native vegetation and habitat preservation and 13 restoration. Such incentives include, but are not limited to: the TDR process; 14 clustered development; density bonus incentives; and, provisions for central 15 sewer and water. Within RFMU receiving lands, the following standards shall 16 apply, except as noted in subsection 2.03.08 A.1. above, or as more specifically 17 provided in an applicable PUD. 18 * * * * * * * * * * * * * 19 a. Outside rural villages. 20 * * * * * * * * * * * * * 21 (4) Design Standards. 22 * * * * * * * * * * * * * 23 (b) Clustered development: 24 * * * * * * * * * * * * * 25 ii. Minimum yard requirements: 26 a) s Single- f Family. Each single-family 27 lot or parcel minimum yard 28 requirement shall be established 29 within an approved PUD, or shall 30 comply with the following standards: 31 i) Front: 20 feet (Note front 32 yard S set back may be 33 reduced to 10 feet where 34 parking for the unit is 35 accessed via a rear alley). 36 ii) Side: 6 feet. 37 iii) Rear: 15 feet. 38 iv) Accessory: Per LDC section 39 4.02.01 4.02.03. 40 * * * * * * * * * * * * * 41 b) m Multi- f Family. For each multi-42 family lot or parcel minimum yard 43 shall be established within an 44 approved PUD, or shall comply with 45 the following standards: 46 * * * * * * * * * * * * * 47 v) Accessory: Per LDC section 48 4.02.01 4.02.03. 49 * * * * * * * * * * * * * 50 16.A.9.f Packet Pg. 626 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments) 5 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02-10-20.docx 4. RFMU sending lands. RFMU sending lands are those lands that have the 1 highest degree of environmental value and sensitivity and generally include 2 significant wetlands, uplands, and habitat for listed species. RFMU sending lands 3 are the principal target for preservation and conservation. Density may be 4 transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. 5 All NRPAs within the RFMU district are also RFMU sending lands. With the 6 exception of specific provisions applicable only to NBMO neutral lands, the 7 following standards shall apply within all RFMU sending lands: 8 * * * * * * * * * * * * * 9 b. Uses allowed Allowable uses where TDR credits have been severed. 10 * * * * * * * * * * * * * 11 (2) Conditional uses: 12 (a) Those E essential Uses services identified in LDC section 13 2.01.03 G.2 and 4. 14 * * * * * * * * * * * * * 15 # # # # # # # # # # # # # 16 17 4.06.02 Buffer Requirements 18 * * * * * * * * * * * * * 19 B. Methods of determining buffers. Where a property adjacent to the proposed use is: (1) 20 undeveloped, (2) undeveloped but permitted without the required buffering and 21 screening required pursuant to this Code, or (3) developed without the buffering and 22 screening required pursuant to this Code, the proposed use shall be required to install 23 the more opaque buffer as provided for in table 2.4. Where property adjacent to the 24 proposed use has provided the more opaque buffer as provided for in table 2.4, the 25 proposed use shall install a type A buffer. 26 27 Where the incorporation of existing native vegetation in landscape buffers is determined 28 as being equivalent to or in excess of the intent of this Code, the planning services 29 director may waive the planting requirements of this section. 30 31 Buffering and landscaping between similar residential land uses may be incorporated 32 into the yards of individual lots or tracts without the mandatory creation of separate 33 tracts. If buffering and landscaping is to be located on a lot, it shall be shown as an 34 easement for buffering and landscaping. 35 36 The buffering and screening provisions of this Code shall be applicable at the time of 37 planned unit development (PUD), preliminary subdivision plat (PSP), or site 38 development plan (SDP) review, with the installation of the buffering and screening 39 required pursuant to LDC section 4.06.05 G. H. If the applicant chooses to forego the 40 optional PSP process, then signed and sealed landscape plans will be required on the 41 final subdivision plat. Where a more intensive land use is developed contiguous to a 42 property within a similar zoning district, the planning services director may require 43 buffering and screening the same as for the higher intensity uses between those uses. 44 * * * * * * * * * * * * * 45 # # # # # # # # # # # # # 46 16.A.9.f Packet Pg. 627 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments) 6 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02-10-20.docx 5.03.06 Dock Facilities 1 * * * * * * * * * * * * * 2 E. Standards for dock facilities. The following criteria apply to dock facilities and boathouses, 3 with the exception of dock facilities and boathouses on manmade lakes and other 4 manmade bodies of water under private control. 5 * * * * * * * * * * * * * 6 11. Multi-slip docking facilities with 10 or more slips will be reviewed for consistency 7 with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by 8 the DEP. If the location of the proposed development is consistent with the MPP, 9 then the developer shall submit a "Manatee Awareness and Protection Plan," 10 which shall address, but not be limited to, the following categories: 11 a. Education and public awareness. 12 b. Posting and maintaining manatee awareness signs. 13 12. c. Information on the type and destination of boat traffic that will be 14 generated from the facility. 15 13. d. Monitoring and maintenance of water quality to comply with state 16 standards. 17 14. e. Marking of navigational channels, as may be required. 18 # # # # # # # # # # # # # 19 20 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment 21 22 Minor after-the-fact yard encroachments for structures, including principal and accessory 23 structures, may be approved administratively by the County Manager or designee. Exceptions to 24 required yards as provided for within LDC section 4.02.01 D. shall not be used in the calculations 25 of existing yard encroachments. 26 * * * * * * * * * * * * * 27 B. For both residential and non-residential structures, the County Manager or 28 designee may administratively approve minor after-the-fact yard encroachments 29 of up to ten percent of the required yard with a maximum of two feet when a 30 building permit and certificate of occupancy has been granted. The encroachment 31 applies to the yard requirement in effect as of the date the building permit was 32 issued. 33 1. Exception. Residential structures shall be deemed compliant with the 34 applicable development standards and no variance shall be required when 35 the following additional conditions apply: 36 a. The building permit and certificate of occupancy were approved in 37 compliance with the required setbacks in effect at that time; 38 b. The encroachment does not exceed three inches into the required 39 yard; 40 c. The only portion of the structure encroaching into the required yard 41 is the exterior wall treatment; and 42 d. The required structure to structure separation, as identified in LDC 43 section 4.02.02 4.02.03, is satisfied. 44 * * * * * * * * * * * * * 45 # # # # # # # # # # # # # 46 16.A.9.f Packet Pg. 628 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments) 7 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02-10-20.docx APPENDIX A- STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED 1 IMPROVEMENTS 2 3 The following specimen forms are to be used as a guide for preparation of bonding 4 instruments which will be submitted to the Collier County Board of County Commissioners for 5 guaranteeing the completion of required improvements with respect to this Code. Adherence to 6 the forms will assure an expeditious review by the Development Services Division and the 7 Collier County Attorney's Office. Deviation in substance or form from the suggested specimen 8 forms may result in a substantial delay or disapproval of the bonding provisions for Required 9 Improvements by the Development Services Division or the County Attorney's Office. These 10 specimen forms may be revised from time to time by resolution of the Board of County 11 Commissioners. 12 13 Appendix A consists of the following specimen forms: 14 * * * * * * * * * * * * * 15 A.1. Subdivision Improvements 16 * * * * * * * * * * * * * 17 c. The Construction, Maintenance and Escrow Agreement for Subdivision 18 Improvements shall be substantially as follows: 19 * * * * * * * * * * * * 20 IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this 21 Agreement to be executed by their duly authorized representatives this _______ day of 22 _________, 20_______. 23 * * * * * * * * * * * * * 24 ATTEST: 25 DWIGHT E. BROCK (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ______________, Deputy Clerk By: ____________, Chairman Approved as to form and legality. ____________ Assistant County Attorney * * * * * * * * * * * * * 26 d. The Construction and Maintenance Agreement for Subdivision Improvements 27 shall be substantially as follows: 28 * * * * * * * * * * * * 29 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 30 executed by their duly authorized representatives this _______ day of _________, 20_______. 31 * * * * * * * * * * * * * 32 ATTEST: 33 DWIGHT E. BROCK (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 16.A.9.f Packet Pg. 629 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments) 8 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02-10-20.docx By: ______________, Deputy Clerk By: ____________, Chairman Approved as to form and legality. ____________ Assistant County Attorney * * * * * * * * * * * * * 1 A.2. Excavation Improvements 2 * * * * * * * * * * * * * 3 c. The Performance Agreement for Excavation shall be substantially as follows: 4 * * * * * * * * * * * * 5 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 6 executed by their duly authorized representatives this _______ day of _________, 20_______. 7 * * * * * * * * * * * * * 8 ATTEST: 9 DWIGHT E. BROCK (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ______________, Deputy Clerk By: ____________, Chairman Approved as to form and legality. ____________ Assistant County Attorney * * * * * * * * * * * * * 10 A.3. Early Work Improvements 11 * * * * * * * * * * * * * 12 c. The Performance Agreement for Early Work shall be substantially as follows: 13 * * * * * * * * * * * * 14 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 15 executed by their duly authorized representatives this _______ day of _________, 20_______. 16 * * * * * * * * * * * * * 17 ATTEST: 18 DWIGHT E. BROCK (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ______________, Deputy Clerk By: ____________, Chairman Approved as to form and legality. ____________ Assistant County Attorney * * * * * * * * * * * * * 19 16.A.9.f Packet Pg. 630 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments) 9 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02-10-20.docx A.4. Site Development Plan Improvements 1 * * * * * * * * * * * * * 2 c. The Performance Agreement for Site Development shall be substantially as 3 follows: 4 * * * * * * * * * * * * 5 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 6 executed by their duly authorized representatives this _______ day of _________, 20_______. 7 * * * * * * * * * * * * * 8 ATTEST: 9 DWIGHT E. BROCK (Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ______________, Deputy Clerk By: ____________, Chairman Approved as to form and legality. ____________ Assistant County Attorney * * * * * * * * * * * * * 10 # # # # # # # # # # # # #11 16.A.9.f Packet Pg. 631 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments) 10 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02-10-20.docx APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND 1 SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION 2 * * * * * * * * * * * * * 3 COUNTY COMMISSION APPROVAL 4 5 STATE OF FLORIDA 6 COUNTY OF COLLIER 7 8 THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING 9 BY THE BOARD OF COUNTYCOMMISSIONERS OF COLLIER COUNTY, 10 FLORIDA, THIS ________ DAY OF ________, 20___, PROVIDED THAT THE 11 PLAT IS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF 12 COLLIER COUNTY, FLORIDA. 13 14 DWIGHT E. BROCK (Name of Clerk) (Name of Chairman), CHAIRMAN CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 15 FILING RECORD 16 17 I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND 18 THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER 19 177, FLORIDA STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS 20 FILED FOR RECORD AT _______ (a.m. or p.m.) THIS ________ DAY OF 21 ________,20 ___, AND DULY RECORDED IN PLAT BOOK ________ PAGE(S) 22 ________, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, 23 FLORIDA. 24 25 DWIGHT E. BROCK (Name of Clerk) 26 CLERK OF CIRCUIT COURT 27 IN AND FOR COLLIER COUNTY 28 * * * * * * * * * * * * * 29 # # # # # # # # # # # # 30 16.A.9.f Packet Pg. 632 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments) EXHIBIT A – 1995 Collier County Manatee Protection Plan: Excerpt Section 3.2.1.1 11 L:\LDC Amendments\Current Work\Scrivener's Errors and Cross References (PL20190002003)\Scrivener's Errors and Cross References 02-10-20.docx 16.A.9.f Packet Pg. 633 Attachment: Scrivener's Errors and Cross References 02-10-20 (11638 : Direction to Advertise LDC Amendments)