DSAC-LDR Subcommittee Agenda 03/17/2020 Colter County
Growth Management Department
LDC Amendments Update
Meeting Schedule Current Collier LDC News Releases
Amendments
* DSAC-LDR
Subcommittee Meeting
Canceled*
The Development Services Advisory
Committee - Land Development Review
(DSAC-LDR) Subcommittee Meeting scheduled
for March 17, 2020 has been canceled.
Contact Us
2800 N. Horseshoe Drivel Naples, FL 34014
Call: (239) 252-2305 I Email:jeremy.frantz@colliercountyfl.gov
Not interested in e-mail updates? Unsubscribe from this list.
2020 Land Development
Cotter County Code Amendments
Growth Management Department
- Public Meeting -
Development Services Advisory Committee
Land Development Review Subcommittee
Tuesday, March 17, 2020
2:00 p.m. —4:00 p.m.
2800 N. Horseshoe Dr., Naples, FL—GMD Building
Conference Room 609/610
Meeting Purpose: Agenda:
1) To obtain a 1. Call to order
recommendation 2. Approve Agenda
from the 3. Old Business
Subcommittee
regarding several a. Special Events in Rights-of-Way
LDC amendments. b. RMF-6 Density Calculation for Non-Conforming Lots of
Record
4. New Business
a. RFMUD TDR Early Entry Bonus Credits-Time Extension
b. Self-Storage Permitted in C-4
5. Public comments
6. Adjourn
For more information please contact Jeremy Frantz at(239) 252-2305 or Jeremy.Frantz@colliercountyfl.gov
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190002819
SUMMARY OF AMENDMENT
This amendment establishes submittal requirements, criteria for review,
and an approval process for temporary special events that take place in or
use County owned or maintained rights-of-way. It further allows for the
temporary placement of signage within rights-of-way.
LDC SECTIONS TO BE AMENDED
5.04.05 Temporary Events
5.04.06 Temporary Signs
10.03.06 Public Notice and Required Hearings for Land Use Petitions
ORIGIN
Growth Management
Department
HEARING DATES
BCC TBD
CCPC TBD
DSAC TBD
DSAC-LDR 12-17-19,
03-17-20
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
On October 22, 2019 the Board directed staff to amend the LDC to establish a temporary use permit and approval
process for special events that require the use and temporary road closure of County owned or maintained rights-
of-way and allow applications for such events to be processed until the LDC new standards are adopted. See
exhibit “A”, the executive summary and initial proposed LDC text.
Since the Board’s directive, staff has identified the following changes and clarifications:
• In LDC section 5.04.05 A.5.c.i, the words “development standards” are replaced with applicable
“requirements”.
• In LDC section 5.04.05 A.5.i, the word “deputies” is replaced with “law enforcement officers”.
• In LDC section 5.04.06 B.1.e, the word “directional” is replaced with “temporary” and “to promote
tourism” is added as another benefit to the Community.
• In LDC section 5.04.06 A.3.a, temporary signs are currently prohibited for placement within any public
right-of-way. This standard is amended to allow for an exception when temporary signs are permitted in
accordance with the new provisions of the proposed amendment.
• In LDC section 5.04.05 A.5, a new subsection is added to assure compliance with the Federal Manual on
Uniform Traffic Control Devices and FDOT’s Roadway and Traffic Design standard plans for the
location, placement and maintenance of traffic signs associated with the event.
• Lastly, in LDC section 10.03.06, the mail notification requirement is changed so the mailed notice to be
sent is determined by the right-of-way being impacted rather than from the radius of the event.
The proposed standards are designed to provide uniform requirements for temporary special events requiring the
use of rights-of-way. Rights-of-way permit forms shall be updated accordingly.
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DSAC-LDR Subcommittee Recommendation on 12-17-19:
• Eliminate the first sentence that states “Any event which necessitates the use of the public rights-of-way
of an arterial or collector roadway….” or reword, since any event can capture everything such as a group
of bicycle riders, high school long distance foot race and yard sales which could use the right-of-way.
• Regulate only those events that would cause excessive congestion, maintenance of vehicular traffic and
necessitate a lane or road closure or cause odor, noise, or lighting impacts.
• Clarify what the difference is for an event, directional, and entrance sign for the event.
• The term “neighborhood”, as applied to the mailed notification area is overreaching and creates an
unnecessary expense to include all properties within one-quarter mile radius. The notification should be
limited to only those property owners and homeowner associations abutting the right-of-way being
impacted for the event.
FISCAL & OPERATIONAL IMPACTS
There shall be an added expense for the
applicant to comply with the mailed notice
requirement and for any special event
reviewed by the HEX or Board.
GMP CONSISTENCY
The various Elements of the Growth Management Plan
do not regulate the use of rights-of-way. Therefore, this
LDCA may be found consistent with the GMP.
EXHIBITS: A) Executive Summary
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Amend the LDC as follows:
5.04.05 – Temporary Events 1
2
A. Special Events. This section establishes the location and development standards for 3
special events, including temporary market events, sales and promotional events, and sports, 4
religious, and community events, and events in rights-of-way. 5
6
1. Standards applicable to all special events. 7
8
a. Sanitary facilities shall be provided for the duration of the event. Proof 9
of consent by business management shall be provided if permanent 10
business restrooms are to be used. 11
12
b. Safe ingress and egress shall be provided to the site, including 13
emergency access measures. 14
15
c. A maximum of 25 percent of the vehicular use area may be occupied or 16
otherwise rendered unusable by the placement of temporary structures, 17
equipment, and merchandise associated with the special event, unless 18
equivalent additional off -site parking is provided. 19
20
d. The minimum required number of handicapped parking spaces for the 21
site pursuant to LDC section 4.05.07 shall not be used for the special 22
event. 23
24
e. In support of the special event, temporary structures, equipment, 25
merchandise, and signage may be placed on the site subject to the 26
approval of a site diagram depicting the locations of principal structures, 27
parking, temporary structures, and signage. 28
29
i. Temporary signage shall be subject to the restrictions set forth in 30
LDC section 5.04.06. 31
32
ii. All temporary structures, equipment, merchandise, or placement 33
and parking of vehicles in conjunction with the special event shall 34
be located in a parking lot or open space at least 10 feet from the 35
property line, except events in rights-of-way that are approved in 36
accordance with LDC section 5.04.05 A.5. All temporary 37
structures, equipment, merchandise, or placement and parking 38
of vehicles in conjunction with the special event and shall be 39
removed at the conclusion of each event. 40
41
iii. A building permit may be required for the erection of temporary 42
tents or structures. 43
44
f. See Collier County Code of Laws Sections 118 -102 and 118-131 to 118-45
155, or successor sections, for addition al standards related to solid 46
waste and recycling collection. 47
48
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g. No sales, advertising, or other activity related to the special event shall 1
be permitted in the public right -of-way in accordance with Collier County 2
Code of Laws Section 26-1, or successor sections, unless approved in 3
accordance with LDC section 5.04.05 A.5 . 4
5
h. Application. The Administrative Code shall establish the procedural 6
requirements for special events . 7
8
* * * * * * * * * * * * * 9
10
5. Events in Rights-of-Way. 11
12
a. A temporary use permit shall be required for events which take place in any 13
county owned or maintained rights-of-way. 14
15
b. The temporary use permit application shall be submitted at least 120 days 16
prior to an event that requires Hearing Examiner or Board approval or 60 17
days prior to an event that requires administrative approval. 18
19
c. At a minimum, temporary use permit applications for events shall be 20
reviewed by the following Collier County departments, divisions, and 21
outside agencies: 22
23
i. Collier County Growth Management Department shall determine 24
compliance with all applicable requirements. 25
26
ii. Collier County Sherriff’s Office shall determine whether any 27
additional security or police service is necessary. 28
29
iii. The applicable fire district shall determine whether any additional 30
fire service is required. 31
32
iv. Emergency Medical Services shall determine whether any 33
additional medical services are required. 34
35
v. Collier County Bureau of Emergency Services shall determine 36
whether additional crowd control is required. 37
38
vi. Collier County Risk Management shall determine whether 39
additional insurance or bonds are required for the event. 40
41
d. Any event that necessitates the use of the right-of-way of any arterial or 42
collector roadway, or any event which necessitates closing all or part of any 43
County owned or maintained right-of-way between the hours of 7:00 AM 44
through 9:00 AM or 3:30 PM through 6:30 PM shall require review and 45
approval at a public hearing of the Hearing Examiner or Board of County 46
Commissioners. Public notice shall be in accordance with LDC section 47
10.03.06 Z. Any appeal from a Hearing Examiner decision shall be to the 48
Board of Zoning Appeals. 49
50
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e. Events that do not require a public hearing as set forth in LDC section 1
5.04.05 A.5.d above, shall be reviewed by the County Manager or 2
designee. Any appeal from an administrative determination shall be to the 3
Hearing Examiner or Board of Zoning Appeals, as applicable. 4
5
f. Criteria for review: 6
7
i. The applicant has complied with all required criteria on the permit 8
application form. 9
10
ii. Sufficient support personnel, including certified crowd managers 11
are available to assist in the conduct of the event. 12
13
iii. Adequate support facilities are available for the event including, but 14
not being limited to, parking, refuse collection, sanitation, and 15
lighting. 16
17
iv. No conflict exists with the requested event and other approved and 18
previously scheduled events. 19
20
v. Crowd size has been determined to be a manageable size for the 21
proposed event and site. 22
23
vi. The event is generally compatible with the character of the 24
surrounding area. 25
26
vii. The applicant complied with the terms and conditions of any 27
previously approved permits. 28
29
g. Applications shall include a site plan and route map that shows the 30
proposed route of the event, areas of assembly or dispersal, parking areas, 31
location of temporary signs, maintenance of traffic signs (such as detour 32
signs, barricades, or cones), stationing of any crowd managers, officers, or 33
flag persons, temporary detours to be utilized by the public, and all 34
temporary construction or structures (stages, booths, water and toilet 35
facilities, etc.). 36
37
h. The placement and location of maintenance of traffic signs shall be in 38
accordance with the Federal Manual on Uniform Traffic Control Devices, 39
as amended, and FDOT’s Roadway and Traffic Design standard plans. 40
41
i. Certified crowd control managers shall be provided at a minimum ratio of 42
one per 250 participants or attendees. Hiring of off-duty law enforcement 43
officers shall satisfy the requirement for certified crowd control managers. 44
45
j. The County Manager or designee may revoke a temporary use permit if it 46
is determined that any condition or stipulation has been violated, that the 47
approval was in error or based on inaccurate information, or that the use 48
negatively impacts the surrounding uses or poses a safety hazard, or 49
otherwise is negatively impacting the safety, health or welfare of the 50
general public. 51
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1
# # # # # # # # # # # # # 2
3
5.04.06 - Temporary Signs 4
5
A. A temporary use permit is required for the placement of any temporary ground sign, snipe 6
sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed 7
subject to the restrictions imposed by this section. 8
9
1. The County Manager or designee may issue temporary sign permits, classified by 10
use, as necessary to adequately address each of the temporary signs described 11
within this section. For each permit type the nonrefundable fee shall be as 12
established in the fee schedule for the services performed by the Growth 13
Management Division. 14
15
2. Temporary signs and banners shall not be erected prior to obtaining the 16
appropriate temporary use permit and shall be removed on or before the expiration 17
date of the temporary use permit authorizing said sign. 18
19
3. Standards applicable to all temporary signs. 20
21
a. Temporary signs and banners permitted by authority of this section shall 22
not be placed within any public right-of-way, except when approved for an 23
event in rights-of-way in accordance with LDC sections 5.04.05 A.5 and 24
5.04.06 B.1.e. 25
26
i. Sign placement shall not obstruct or impair the safe visibility, 27
ingress, or egress of pedestrians and motorists. 28
29
b. The occupant of a lot, parcel, multi-tenant parcel or mixed use building, 30
may display 1 on-site temporary sign; a second such sign may be displayed 31
on a property having a second street frontage. 32
33
c. Absent specific standards to the contrary, temporary signs shall be located 34
onsite and no closer than 10 feet to any property line. 35
36
d. Temporary signs and banners used on nonresidential or mixed use 37
properties shall not exceed 32 square feet in sign area or 8 feet in height. 38
39
e. Temporary signs used on residentially zoned properties shall not exceed 4 40
square feet in area or 3 feet in height. 41
42
B. Temporary Sign Permit Types and Standards. 43
44
1. Temporary Events. A temporary use permit for a temporary event, issued per LDC 45
section 5.04.05., shall allow for the placement of temporary signage as classified 46
and regulated herein. 47
48
a. A "sign only" temporary use permit may be issued for temporary ground 49
signs and banners used to promote a sale, event, or activity not requiring 50
a temporary event temporary use permit per LDC section 5.04.05 of this 51
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Code. Such uses include, however are not limited to, study or course 1
offerings, vacation camp, non-public indoor events, and sales events 2
occurring within the confines of an established business. 3
4
i. "Sign only" temporary use permits will be allowed, regulated, and 5
enforced as special event signs. 6
7
ii. Time limits for "sign only" temporary use permits shall be the same 8
as those for special events, see LDC subsection 5.04.05 A.3. 9
10
b. Special event signs. 11
12
i. Special event signs shall be erected not more than 15 calendar 13
days prior to the supporting event and shall be removed within 7 14
calendar days after the event has taken place. 15
16
c. Seasonal sales signs. 17
18
d. Garage sales signs. Two temporary signs may be placed on the property 19
where the sale is being conducted. 20
21
e. Temporary signs for events in rights-of-way. 22
23
i. Signs may display the event, name, date, location and a directional 24
arrow pointing to the direction of the event only. 25
26
ii. No sales, advertisement, or commercial message is allowed on 27
signs. 28
29
iii. Maximum dimension of 24 inches by 32 inches. 30
31
iv. No signs shall be erected more than seven days prior to a 32
scheduled event, and all signs must be removed within three 33
business days after the event completion. 34
35
v. No signs shall be located within the right-of-way medians. 36
37
vi. No signs shall be attached to traffic control signs or other authorized 38
highway signs and impede vehicular or pedestrian traffic. 39
40
vii. Limited to six signs within a five-mile radius of the event boundaries. 41
However, events recognized at a regular meeting of the Board of 42
County Commissioners to benefit the Community and promote 43
tourism are limited to up to 40 signs. 44
45
# # # # # # # # # # # # # 46
47
10.03.06 – Public Notice and Required Hearings for Land Use Petitions 48
49
* * * * * * * * * * * * * 50
51
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Z. Events in Rights-of-Way, pursuant to LDC section 5.04.05 A.5. 1
2
1. The following advertised public hearing is required: 3
4
a. One Hearing Examiner or BCC hearing. 5
6
2. The following notice procedures are required: 7
8
a. Newspaper advertisement prior to the advertised public hearing in 9
accordance with F.S. 125.66. 10
11
b. Mailed notice prior to the first advertised public hearing. For the purposes 12
of this application, all mailed notices shall be sent to property owners, 13
neighborhoods and business associations within one-quarter mile of the 14
public right-of-way impacted by the event. 15
16
# # # # # # # # # # # # # 17
Exhibit A – Executive Summary
9
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Exhibit A – Executive Summary
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Exhibit A – Executive Summary
11
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Exhibit A – Executive Summary
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Exhibit A – Executive Summary
13
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Exhibit A – Executive Summary
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Exhibit A – Executive Summary
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Exhibit A – Executive Summary
16
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190002818
SUMMARY OF AMENDMENT
This amendment clarifies the calculation of density for single-family, two-
family or duplex dwelling units and multi-family units, on legal non-
conforming lots of record in the RMF-6 District.
LDC SECTION TO BE AMENDED
9.03.03 Types of Nonconformities
ORIGIN
Growth Management
Department
HEARING DATES
BCC TBD
CCPC TBD
DSAC TBD
DSAC-LDR 12-17-19,
3-17-20
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
This amendment seeks to clarify how to resolve the calculation of the number of dwelling units, for legally platted
non-conforming lots of record in the RMF-6 zoning district and the number of structures than can be built. Since
the adoption of Ordinances 74-12 and 13 (Coastal Area) and 74-14 and 15 (Immokalee Area), the interior
minimum lot area standards for single-family, two-family or duplex, and multi-family dwelling units has changed
over time. The provision to allow an additional unit when there is a fractional unit of .50 or greater has also
changed over time with different ordinances and has been problematic for staff to resolve given prior
administrative staff memorandums. The amendment does not alter the minimum setback requirements which still
have to be met.
Consequently, staff completed a comprehensive historical zoning ordinance review and analysis of the following
zoning districts: RMF-6, RM-1 and RM-1A; MF-1 and MF-1A; and MF-2 and MF-2A to determine when the
variations occurred and if there was the provision for the entitlement of an additional unit. The findings confirmed
the interior minimum lot area and entitlement to an additional unit are very different, depending upon when an
ordinance was adopted. See Exhibit A-Historical Table. It shows how the lot area standard has varied by dwelling
type from 6,000 square feet, 6,500 square feet, and up to 7,260 square feet and the standards for legal non-
conforming lots of record (LOR) are highlighted in yellow.
The aforementioned has been problematic for staff to resolve given prior administrative staff memorandums and
with the adoption of various ordinances. This amendment shall reduce staff time in the determination of the non-
conforming lots of record that may be entitled for an additional unit based on the density calculation of a fractional
unit of 0.50 or greater for single family, two-family or duplex dwelling units.
The minimum lot area required to support a two-family or duplex dwelling unit can now be determined to be
9,750 square feet or greater. This minimum lot area accounts for a fractional unit of 0.50 to be rounded up to the
next whole number (1.5 times 6,500 square feet equals 9,750 square feet) and also provided an agreement for deed
was executed prior to the adoption of Ordinance 74-42.
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Additionally, staff recognized single family dwelling units could be constructed on legal non-conforming lots
smaller than 6,500 square feet provided an agreement for deed was executed prior to July 1, 1998. This is the
effective date of Ordinance 98-63 which had increased the minimum lot size from 6,000 square feet to 6,500
square feet.
FISCAL & OPERATIONAL IMPACTS
There are no fiscal or operational impacts
associated with this amendment.
GMP CONSISTENCY
The subject LDC amendment pertains to permitted density
for non-conforming lots in the RMF-6 zoning district. The
Future Land Use Element (FLUE), Immokalee Area Master
Plan (IAMP) and Golden Gate Area Master Plan (GGAMP)
all contain provisions for determining eligible density for
rezoning property; that is, they regulate zoning density in
context of density allowed by the Future Land Use Map
designation when a zoning change is sought. However, they
do not regulate density permitted by existing zoning districts;
this LDCA will not increase density beyond the present 6
dwelling units per acre. Therefore, staff concludes this
petition may be found consistent with the FLUE, IAMP and
GGAMP.
EXHIBITS: A) Ordinance Historical Table
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Amend the LDC as follows:
9.03.03 - Types of Nonconformities 1
A. Nonconforming lots of record. In any district, any permitted or permissible structure may 2
be erected, expanded, or altered on any lot of record at the effective date of adoption or 3
relevant amendment to the LDC. 4
1. Except as provided herein, the minimum yard requirements in any residential 5
district except RMF-6 shall be as for the most similar district to which such lot of 6
record most closely conforms in area, width and permitted use, except that when 7
possible the greater of any yard requirement in either district shall apply, and 8
except when specifically provided for in the district regulations. 9
a. Rural Agricultural (A) zoning district: 10
i. Front Yard: 40 feet. 11
ii. Side Yard: 10 percent of lot width, not to exceed 20 feet on each 12
side. 13
iii. Rear Yard: 30 feet. 14
b. Estates (E) zoning district: See LDC section 2.03.01 for setbacks. 15
c. RMF-12: 16
i. Single-family dwellings revert to RSF-6 standards. 17
ii. Duplex and multi-family dwellings revert to RMF-6 standards. 18
d. Mobile Home (MH) zoning district: 19
i. Front Yard: 10 feet. 20
ii. Side Yard: 5 feet or zero (0) foot. Where zero is used, the opposite 21
yard must maintain a minimum of 10 feet. 22
iii. Rear Yard: 8 feet. 23
iv. Waterfront Yard (Side or Rear): 10 feet. 24
2. The minimum side yard requirement in any commercial or industrial district shall 25
be equal to the height of the proposed principal structure, or the minimum side 26
yard requirement in the district, whichever is lesser. 27
3. Nonconforming through lots, which are nonconforming due to inadequate lot depth, 28
may have a reduced front yard along the local road frontage. The reduction shall 29
be computed at the rate of fifteen (15) percent of the depth of the lot, as measured 30
from edge of the right-of-way. Front yards along the local road shall be developed 31
with structures having an average front yard of not less than six (6) feet; no building 32
thereafter erected shall project beyond the average line. The reduced front yard 33
setback shall be prohibited along a collector or arterial roadway. 34
4. When two or more adjacent legal nonconforming lots of record are either combined 35
under a single folio or parcel number for taxing purposes by the property 36
appraiser's office, or combined as a single parcel by recording the previously 37
separate non-conforming lots into one legal description, neither or both of these 38
actions will prohibit the owner or future owners from subsequently splitting the 39
parcel into two or more folio or parcel numbers for tax purposes, or severing the 40
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parcels into their former legal descriptions as legal nonconforming lots of record 1
according to the original legal description(s) at the time the property was 2
recognized as legal nonconforming. Prior to any two or more adjacent legal non-3
conforming lots being combined for development, a legally binding document must 4
be recorded to reflect a single parcel with a unified legal description. Once such a 5
document has been recorded to amend the legal description and a development 6
permit has been approved by the County for development as that unified parcel, 7
the property cannot be split or subdivided except as may then be allowed by this 8
Code. 9
5. Nonconforming Corner Lots. Corner lots of record which existed prior to the date 10
of adoption of Collier County Ordinance No. 82-2 [January 5, 1982] and which do 11
not meet minimum lot width or area requirements established in the LDC, shall be 12
required to provide only one full depth front yard. The full depth front yard 13
requirement shall apply to the front yard which has the shorter or shortest street 14
frontage. The setback requirement for the remaining front yard(s) may be reduced 15
to 50 percent of the full front yard setback requirement for that district, exclusive of 16
any road right-of-way or road right-of-way easement. For setbacks for Estates (E) 17
zoning district, see LDC section 2.03.01. 18
6. RMF-6 Districts. A two family or duplex dwelling unit may be constructed on any 19
legal non-conforming lot of record provided the minimum lot area is 9,750 square 20
feet or greater and an agreement for deed was executed prior to October 14, 1974. 21
22
A single family dwelling unit may be constructed on any legal non-conforming lot 23
of record provided the lot area is less than 6,500 square feet and an agreement 24
for deed was executed prior to July 1, 1998. 25
26
# # # # # # # # # # # # # 27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Exhibit A – Ordinance Historical Table
5
L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\9.03.03 Types of
Nonconformities 03-9-20.docx
INTERIOR MINIMUM LOT AREA
Ordinance
Number
Zoning District
Dwelling Type Fractional
Unit
Entitled
Single-Family Two-Family Multi-Family
74-12 and 13
(Coastal Area)
MF-1 (SF and 2F) 6,600 N/A
MF-2 (SF,2F, MF) 8,400
MF-3 (2F and MF) N/A 12,000
RSF-4 8,500
Not Applicable (N/A) RSF-5 7,500
RSF-6 6,000
74-14 and 15
(Immokalee Area)
MF-1
6,600
N/A
MF-1A
MF-2 6,600
MF-2A 6,000
RSF-4 6,000 N/A
74-42
(Effective Date 10-
14-74)
RM-1 (2F and MF) N/A
7,000
RM-1A
7,500 RSF-4
RM-2 N/A 1 net acre (4,500 s.f. /unit)
75-36
(Effective Date 9-2-
75)
RM-1 (2F and MF) N/A 7,000
RM-1A 7,500 Non-Conforming LOR (6,500 s.f.) MF
RM-2 N/A 1 net acre (4,500 s.f. /unit)
76-30
(Effective Date 7-2-
76)
RM-1 (2F and MF) N/A 7,000
RM-1A 7,500 Non-Conforming LOR (6,500 s.f.) MF
RM-2
N/A
Non-Conforming lots within platted
subdivisions prior to 10-14-74: lot
area in accordance with recorded plat.
1 net acre (4,500 s.f./unit)
82-02
(Effective Date
1-14-82)
RMF-6 7,260 s.f. each dwelling unit
RSF-5
Non-Conforming LOR Yes
6,000 s.f. 6,500 s.f.
91-102
(Effective Date 11-
13-91)
RMF-6 7,260 s.f. each dwelling unit
Yes
RSF-6
Non-Conforming LOR
6,000 s.f. 6,500 s.f.
92-73
(Effective Date 10-
12-92)
RMF-6 7,260 s.f. each dwelling unit
MF and Townhomes 1 acre-not to exceed 6 per gross acre
RSF-6 6,000 N/A
Non-Conforming LOR Yes
6,000 s.f. 6,500 s.f.
98-63 (Effective
Date 7-1-98)
RMF-6 6,500 12,000 5,500 s.f. per unit Deleted
99-06 (Effective
Date 2-1-99)
RMF-6 6,500 12,000 5,500 s.f. per unit
Non-Conforming LOR (6,500 s.f.) Yes
04-41
(Effective Date 9-27-
74)
RMF-6 6,500 12,000 5,500 s.f. per unit Yes, can
round up
1
L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\2.03.07 TDR Early Entry Bonus
Credits DSAC-LDR 3-6-20.docx
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200000268
SUMMARY OF AMENDMENT
This amendment shall extend the effective time period for the
Transfer of Development Rights (TDR) early entry bonus
credits from sending lands in the Rural Fringe Mixed Use
District.
LDC SECTION TO BE AMENDED
2.03.07 Overlay Zoning Districts
ORIGIN
Growth Management
Department
HEARING DATES
BCC TBD
CCPC TBD
DSAC TBD
DSAC-LDR 3-17-20
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
This amendment is a companion amendment to the Growth Management Plan Amendment for the Transfer of
Development Rights Early Entry Bonus Extension PL 20190002635.
On February 25, 2020 (the transmittal hearing), the Board is expected to direct staff to transmit to the Florida
Department of Economic Opportunity an amendment to the Growth Management Plan (GMP) that will extend
the effective date of the TDR early entry bonus credits from March 5, 2004 to September 27, 2022. Final action
by the Board (the adoption hearing) is anticipated to occur within the next four months and b y ordinance the
Future Land Use Element will be amended and extend the availability of early entry TDR bonus credits for
properties within the RFMU District.
The purpose of this LDC amendment is to be consistent with the GMP amendment after it is adopted and extend
the time period to September 27, 2022 for early entry TDR bonus credits.
2
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Credits DSAC-LDR 3-6-20.docx
FISCAL & OPERATIONAL IMPACTS
There are no fiscal or operational impacts
associated with this amendment.
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff.
EXHIBITS: None
Exhibit A – Exhibit Title
3
L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\2.03.07 TDR Early Entry
Bonus Credits DSAC-LDR 3-6-20.docx
Amend the LDC as follows:
1
2.03.07 – Overlay Zoning Districts 2
* * * * * * * * * * * * * 3
D. Special Treatment Overlay (ST). 4
* * * * * * * * * * * * * 5
4. Transfer of Development Rights (TDR). 6
* * * * * * * * * * * * * 7
c. TDR credits from RFMU sending lands: General Provisions 8
* * * * * * * * * * * * * 9
ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be 10
generated from RFMU sending land property from which TDR 11
credits have been severed. The three types of TDR Bonus credits 12
are as follows: Early Entry Bonus credits 13
* * * * * * * * * * * * * 14
c) Early Entry Bonus credits. Early Entry Bonus credits shall 15
be generated at a rate of 1 additional credit for each TDR 16
credit that is severed from RFMU sending land for the period 17
from March 5, 2004, until March September 27, 2012 2022, 18
unless further extended by resolution by the Board. Early 19
Entry Bonus credits shall cease to be generated after the 20
termination of this early entry bonus period. However, Early 21
Entry Bonus credits may continue to be used to increase 22
density in RFMU and non- RFMU Receiving Lands after the 23
termination of the Early Entry Bonus period. 24
* * * * * * * * * * * * 25
f. Procedures applicable to the severance and redemption of TDR credits 26
and the generation of TDR Bonus credits from RFMU sending lands. 27
* * * * * * * * * * * * * 28
ii. In order to facilitate the County's monitoring and regulation of the 29
TDR Program, the County shall serve as the central registry for 30
all TDR severances, transfers (sales) and redemptions, as well 31
as maintain a public listing of TDR credits available for sale 32
along with a listing of purchasers seeking TDR c redits. No TDR 33
credit generated from RFMU sending lands may be utilized to 34
increase density in any area unless the following procedures are 35
complied with in full. 36
* * * * * * * * * * * * * 37
b) TDR Bonus credits shall not be used to increase density in 38
either non-RFMU receiving areas or RFMU receiving lands 39
until a TDR credit certificate reflecting the TDR Bonus 40
credits is obtained from the County and recorded. 41
42
Exhibit A – Exhibit Title
4
L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\2.03.07 TDR Early Entry
Bonus Credits DSAC-LDR 3-6-20.docx
1) Early Entry Bonus credits. All TDR credit 1
certificates issued by the County for the period from 2
the effective date of this provision until March 27, 3
2015 September 27, 2022, unless further extended 4
by resolution by the Board of County 5
Commissioners, shall include one Early Entry 6
Bonus credit or fractional Early Entry Bonus credit 7
for each TDR credit or fractional TDR credit 8
reflected on the TDR credit certificate. Where TDR 9
credits were severed from March 5, 2004, until the 10
effective date of this provision, the County shall, 11
upon receipt of a copy of the TDR credit certificate 12
reflecting those previously severed TDR credits, 13
issue a TDR credit certificate entitling Early Entry 14
Bonus credits equal in number to the previously 15
severed TDR credits. 16
* * * * * * * * * * * * * 17
# # # # # # # # # # # # # 18
1
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\Item 4.b (Self Storage).docx
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200000359
SUMMARY OF AMENDMENT
This Land Development Code amendment (LDCA) enclosed, indoor, air-
conditioned self-storage use as a Permitted Use when located in the same
building with other uses that are permitted in the C-4 Commercial Zoning
District.
LDC SECTIONS TO BE AMENDED
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES
Board
CCPC
DSAC
DSAC-LDR
TBD
TBD
TBD
03-17-2020
2.03.03
Commercial Zoning Districts
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND:
This amendment follows a previous proposal (LDCA-PL20180003473) to establish separation standards
between self-storage facilities within the U.S. 41 corridor area that was not approved by the Board (See
Exhibit A). On December 10, 2019, the Board directed staff to address their concerns regarding self-
storage buildings within the U.S. 41 corridor area, through incentives for mixed-use developments rather
than requiring separation standards.
This amendment changes self-storage facilities from a Conditional Use to a Permitted Use in the C-4
zoning district, but only if the self-storage use is in the same building as with other permitted uses in the
C-4 zoning district and occupies less than 50 percent of the total area of the first floor. Examples of
buildings containing self-storage combined with other uses are shown in Exhibit B. This amendment
applies to all C-4 districts throughout the County and does not apply only to properties within the U.S.
41 Corridor that was previously identified.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this LDCA. By designing
a self-storage facility combined with other uses in
the same building, developers will not need to
obtain Conditional Use approval and can
immediately go through the Site Development
Plan process, thereby reducing cost, time, and risk.
GMP CONSISTENCY
This LDCA does not introduce a new use in C-4
district rather changes how an existing use is
permitted under certain conditions. Only a few
subdistricts within the Future Land Use Element,
Immokalee Area Master Plan and Golden Gate
Area Master Plan Sub-Elements allow C-4 zoning,
e.g. Mixed Use Activity Center Subdistrict. Those
few subdistricts do not restrict how the C-4 uses
are allowed – by right or by conditional use.
Therefore, this LDCA may be deemed consistent
with the GMP.
EXHIBITS: A – Amendment History; B – Examples of Self Storage Combined with Other Uses.
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
2
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\Item 4.b (Self Storage).docx
Amend the LDC as follows:
1
2.03.03 – Commercial Districts 2
3
* * * * * * * * * * * * * 4
5
D. General Commercial District (C-4). The general commercial district (C-4) is intended to 6
provide for those types of land uses that attract large segments of the population at the 7
same time by virtue of scale, coupled with the type of activity. The purpose and intent of 8
the C-4 district is to provide the opportunity for the most diverse types of commercial 9
activities delivering goods and services, including entertainment and recreational 10
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 11
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 12
storage of merchandise and equipment is prohibited, except to the extent that it is 13
associated with the commercial activity conducted on-site such as, but not limited to, 14
automobile sales, marine vessels, and the renting and leasing of equipment. Activity 15
centers are suitable locations for the uses permitted by the C-4 district because most 16
activity centers are located at the intersection of arterial roads. Therefore the uses in the 17
C-4 district can most be sustained by the transportation network of major roads. The C-4 18
district is permitted in accordance with the locational criteria for uses and the goals, 19
objectives, and policies as identified in the future land use element of the Collier County 20
GMP. The maximum density permissible or permitted in a district shall not exceed the 21
density permissible under the density rating system. 22
23
1. The following uses, as defined with a number from the Standard Industrial 24
Classification Manual (1987), or as otherwise provided for within this section are 25
permissible by right, or as accessory or conditional uses within the general 26
commercial district (C-4). 27
28
a. Permitted uses. 29
30
* * * * * * * * * * * * * 31
32
90. Motorcycle dealers (5571). 33
34
91. Motor freight transportation and warehousing (4225, limited to 35
enclosed, indoor, air-conditioned self-storage) when combined with 36
at least one other permitted use in the same building, and subject 37
to the following: 38
39
a. The enclosed, indoor, air-conditioned self-storage shall 40
occupy less than 50 percent of the total area of the first floor. 41
42
b. Any accessory office or retail component associated with 43
the enclosed, indoor, air-conditioned self-storage use shall 44
not count towards meeting the floor area of the other 45
required permitted use(s). The accessory office or retail 46
component of an enclosed, indoor, air-conditioned self 47
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
3
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\Item 4.b (Self Storage).docx
storage use facility count toward the floor area of the self-1
storage use. 2
3
912. Museums and art galleries (8412). 4
5
[renumber remaining uses] 6
7
* * * * * * * * * * * * * 8
9
c. Conditional uses. The following uses are permitted as conditional 10
uses in the general commercial district (C-4), subject to the standards and 11
procedures established in LDC section 10.08.00. 12
13
* * * * * * * * * * * * * 14
15
24. Motor freight transportation and warehousing (4225, air conditioned 16
and mini-and self-storage warehousing only) except as provided 17
under Permitted Uses. 18
19
# # # # # # # # # # # # # 20
Exhibit A – Amendment History
4
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\Item 4.b (Self Storage).docx
In April of 2010, the East Naples Foundation completed Vision for the East Trail, which was a
privately-initiated planning effort that resulted in the completion of a strategic plan for an
approximately 14-mile stretch of the U.S. 41 corridor.
On February 14, 2017, the Board of County Commissioners (Board) directed staff to begin the
process of developing a corridor study with the goal of obtaining community input and creating
incentives for the desired development types. After getting input from the community, in April of
2018, Johnson Engineering, Inc. completed the U.S. 41 Corridor Study-Summary of Findings and
Recommendations to the Board (“Corridor Study”) on behalf of the County. The Corridor Study
was presented to and accepted by the Board on April 24, 2018. One recommendation of the
Corridor Study suggested having a minimum distance separation between new self-storage
facilities.
In response to the Corridor Study, staff drafted a Land Development Code amendment (LDCA)
(PL20180003473) containing a 1,320-foot minimum separation requirement between new and
existing self-storage buildings on properties zoned C-4 for lots fronting on U.S. 41, between the
intersection of Palm Street/Commercial Drive and Price Street/Triangle Boulevard. The proposed
LDCA included a relief process (i.e., distance waiver) if an applicant could demonstrate that an
adequate supply of neighborhood goods and services are available within a quarter-mile radius of
the new building.
On September 10, 2019, staff brought a request to the Board to advertise a new ordinance
containing separation requirements between self-storage buildings. The Board discussed the item
and voted 4-1 against advertising the ordinance in its current form and unanimously voted to bring
back the item later so that staff could provide incentives, locational requirements, or alternatives.
Exhibit B – Examples of Self Storage Combined with Other
Uses
5
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\Item 4.b (Self Storage).docx
16638 Sheridan Street in Pembroke Pines, FL
401 34th Street North in St. Petersburg, FL
Exhibit B – Examples of Self Storage Combined with Other
Uses
6
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\Item 4.b (Self Storage).docx
107 Hillcrest Street in Orlando, FL
Renaissance Commons in Boynton Beach, FL
Source: Google Maps
Exhibit A – Executive Summary
17
L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Mar 17\Meeting Materials\LDCA 5.04.05 5.04.06
10.03.06 Special Events in ROW 3-06-20.docx