DSAC-LDR Subcommittee Agenda 06/18/2020C;Orler County2020 Land Development
Code Amendments
Growth Management Department
- Public Meeting -
Development Services Advisory Committee
Land Development Review Subcommittee
Thursday, June 18, 2020
3:00 p.m. — 5:00 p.m.
2800 N. Horseshoe Dr., Naples, FL — GMD Building
Conference Room 609/610
Meeting Purpose:
1) To obtain a
recommendation
from the
Subcommittee
regarding several
LDC amendments.
Agenda:
1. Call to Order
2. Approve Agenda
3. Old Business
a. PL20190002818 - RMF-6 Density Calculation
b. PL20190002819 - Special Events in Rights -of -Way
4. New Business
a. PL20200000268 - Transfer of Development Rights (TDR)
Early Entry Bonus Credits
5. Public Comments
6. 2020 DSAC-LDR Subcommittee schedule reminder
a. September 15, 2020
b. December 15, 2020
7. Adjourn
For more information please contact Jeremy Frantz at (239) 252-2305 or Jeremy.Frantz@colliercountyfl.gov
Co ier COHnty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
SUMMARY OF AMENDMENT
PL20190002818
This amendment clarifies the calculation of density for single-family, two-
family or duplex dwelling units and multi -family units, on legal non -
ORIGIN
conforming lots of record in the RMF-6 District. It further clarifies the
Growth Management
definition for non -conforming lots of record and lot of record.
Department
HEARING DATES
BCC TBD
LDC SECTION TO BE AMENDED
CCPC TBD
1.08.00 Definitions
DSAC TBD
9.03.03 Types of Nonconformities
DSAC-LDR 06-18-20
12-17-19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
DSAC CCPC
TBD
TBD 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. 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 the calculation of allowable density results in a fractional unit of .50 or greater has also changed over
time and has been problematic for staff to resolve given prior administrative staff memorandums (See Exhibit A).
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. It clarifies that the minimum lot area required to support a two-family
or duplex dwelling unit is 9,750 square feet or greater for non -conforming lots, provided an agreement for deed
was executed prior to the adoption of Ordinance 74-42. 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. The amendment does not alter the minimum setback
requirements which still have to be met.
The definitions for "Lot of Record" and "Nonconforming Lots of Record" are also changed to clarify that the
agreement for deeds are relative only to the "former" Coastal Area Planning District and Immokalee Area Planning
District which had been established respectively by Ordinances 76-30 and 74-15. On January 5, 1982 these zoning
regulations and Planning Districts where repealed when the Board adopted Ordinance 82-02, the unified zoning
ordinance for the unincorporated area of the County. Further, the reference date of "prior to May 1, 1979" is
deleted as it was an incorrect reference which referenced Ordinance 79-29.
Lastly, a cross reference to LDC section 9.03.03 A has been added to the definition of nonconforming lots of
record.
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Collier
CoHnty
Growth Management Department
FISCAL & OPERATIONAL IMPACTS
There are no fiscal or operational impacts
associated with this amendment.
EXHIBITS: A) Ordinance Historical Table
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
(1AMP) 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, TAMP and
GGAMP.
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Amend the LDC as follows:
LDC 1.08.00 Definitions
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Lot of record: A lot of record is (1) a lot which is part of a subdivision recorded in the public
records of Collier County, Florida; or (2) a lot, parcel, or the least fractional unit of land or water
under common ownership which has limited fixed boundaries, described by metes and bounds
or other specific legal description, the description of which has been so recorded in the public
records of Collier County, Florida, on or before the effective date of this LDC; or (3) a lot, parcel,
or the least fractional unit of land or water under common ownership which has limited fixed
boundaries, for which an agreement for deed was executed prior to October 14, 1974, if within
the former Coastal Area p Planning d District, and January 5, 1982, if ^recently within or
previetsiy within the former Immokalee Area p Planning d District p; ier to May 1 1979
* * * * * * * * * * * * *
Nonconforming lots of record: Any lawful lot or parcel which was recorded, or for which an
agreement for deed was executed prior to October 14, 1974, if within the former Coastal Area
Planning District, and January 5, 1982, if within the former Immokalee Area Planning District,
which lot or parcel does not meet the minimum width or lot area requirements as a result of the
passage of this Code shall be considered as a legal nonconforming lot and shall be eligible for
the issuance of a building permit provided all the other requirements of this Code and the
Florida Statues are met. This definition also includes any lot or parcel made nonconforming by a
rezoning initiated by Collier County to implement the Zoning Reevaluation Ordinance Number
90-23 (1990). For nonconforming lots of record within the RMF-6 zoning district, see LDC
section 9.03.03 A.
# # # # # # # # # # # # #
25 9.03.03 - Types of Nonconformities
26 A. Nonconforming lots of record. In any district, any permitted or permissible structure may
27 be erected, expanded, or altered on any lot of record at the effective date of adoption or
28 relevant amendment to the LDC.
29 1. Except as provided herein, the minimum yard requirements in any residential
30 district except RMF-6 shall be as for the most similar district to which such lot of
31 record most closely conforms in area, width and permitted use, except that when
32 possible the greater of any yard requirement in either district shall apply, and
33 except when specifically provided for in the district regulations.
34 a. Rural Agricultural (A) zoning district:
35 i. Front Yard: 40 feet.
36 ii. Side Yard: 10 percent of lot width, not to exceed 20 feet on each
37 side.
38 iii. Rear Yard: 30 feet.
39 b. Estates (E) zoning district: See LDC section 2.03.01 for setbacks.
40 C. RMF-12:
41 i. Single-family dwellings revert to RSF-6 standards.
42 ii. Duplex and multi -family dwellings revert to RMF-6 standards.
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d. Mobile Home (MH) zoning district:
i. Front Yard: 10 feet.
ii. Side Yard: 5 feet or zero (0) foot. Where zero is used, the opposite
yard must maintain a minimum of 10 feet.
iii. Rear Yard: 8 feet.
iv. Waterfront Yard (Side or Rear): 10 feet.
2. The minimum side yard requirement in any commercial or industrial district shall
be equal to the height of the proposed principal structure, or the minimum side
yard requirement in the district, whichever is lesser.
3. Nonconforming through lots, which are nonconforming due to inadequate lot depth,
may have a reduced front yard along the local road frontage. The reduction shall
be computed at the rate of fifteen (15) percent of the depth of the lot, as measured
from edge of the right-of-way. Front yards along the local road shall be developed
with structures having an average front yard of not less than six (6) feet; no building
thereafter erected shall project beyond the average line. The reduced front yard
setback shall be prohibited along a collector or arterial roadway.
4. When two or more adjacent legal nonconforming lots of record are either combined
under a single folio or parcel number for taxing purposes by the property
appraiser's office, or combined as a single parcel by recording the previously
separate non -conforming lots into one legal description, neither or both of these
actions will prohibit the owner or future owners from subsequently splitting the
parcel into two or more folio or parcel numbers for tax purposes, or severing the
parcels into their former legal descriptions as legal nonconforming lots of record
according to the original legal description(s) at the time the property was
recognized as legal nonconforming. Prior to any two or more adjacent legal non-
conforming lots being combined for development, a legally binding document must
be recorded to reflect a single parcel with a unified legal description. Once such a
document has been recorded to amend the legal description and a development
permit has been approved by the County for development as that unified parcel,
the property cannot be split or subdivided except as may then be allowed by this
Code.
5. Nonconforming Corner Lots. Corner lots of record which existed prior to the date
of adoption of Collier County Ordinance No. 82-2 [January 5, 1982] and which do
not meet minimum lot width or area requirements established in the LDC, shall be
required to provide only one full depth front yard. The full depth front yard
requirement shall apply to the front yard which has the shorter or shortest street
frontage. The setback requirement for the remaining front yard(s) may be reduced
to 50 percent of the full front yard setback requirement for that district, exclusive of
any road right-of-way or road right-of-way easement. For setbacks for Estates (E)
zoning district, see LDC section 2.03.01.
6. RMF-6 Districts. A two family or duplex dwelling unit may be constructed on any
legal non -conforming lot of record provided the minimum lot area is 9,750 square
feet or greater and an agreement for deed was executed prior to October 14, 1974
to establish the lot.
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A single family dwelling unit may be constructed on any legal non -conforming lot
of record provided the lot area is less than 6,500 square feet and an agreement
for deed was executed prior to July 1, 1998 to establish the lot.
# # # # # # # # # # # # #
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Exhibit A - Ordinance Historical Table
INTERIOR MINIMUM LOT AREA
Ordinance
Number
Zoning District
Dwelling Type
Fractional
Unit
Entitled
Single -Family
Two -Family Multi -Family
MF-1 (SF and 2F)
6,600 N/A
8,400
MF-2 (SF,2F, MF)
74-12 and 13
MF-3 (2F and MF)
N/A
12,000
(Coastal Area)
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-IA
MF-2
6,600
M F-2A
6,000
RSF-4
6,000
N/A
74-42
(Effective Date 10-
RM-1 (2F and MF)
N/A
7,000
RM-1A
7,500
RSF-4
14-74)
RM-2
N/A
1 net acre (4,500 s.f. /unit)
75-36
RM-1 (21' and MF)
N/A
7,000
(Effective Date 9-2-
RM-1A
7,500
Non -Conforming LOR (6,500 s.f.) MF
75)
RM-2
N/A
1 net acre (4,500 s.f. /unit)
RM-1 (21' and MF)
N/A
7,000
76-30
RM-1A
7,500
Non -Conforming LOR (6,500 s.f.) MF
(Effective Date 7-2-
76)
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
RMF-6
7,260 s.f. each dwelling unit
(Effective Date
1-11-82) (Adoption
Date 1-05-82)
RSF-5
Non -Conforming LOR
Yes
6,000 s.f.
6,500 s.f.
RMF-6
7,260 s.f. each dwelling unit
I91-102
(Effective Date 11-
I 13-91)
RSF-6
Non -Conforming LOR
Yes
6,000 s.f.
6,500 s.f.
RMF-6
7,260 s.f. each dwelling unit
92-73
MF and Townhomes
1 1 acre -not to exceed 6 per gross acre
I (Effective Date 10-
RSF-6
6,000
N/A
I 12-92)
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 7-28-
2004)
RMF-6
6,500
12,000
5,500 s.f. per unit
Yes, can
round up
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Collier
CoHnty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190002819
ORIGIN
Growth Management
Department
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
HEARING DATES
5.04.05 Temporary Events
BCC TBD
5.04.06 Temporary Signs
CCPC TBD
10.03.06 Public Notice and Required Hearings for Land Use Petitions
DSAC TBD
DSAC-LDR 06-18-20,
12-17-19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
DSAC CCPC
TBD
TBD 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.5.6, 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.Le, 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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Collier
CoHnty
Growth Management Department
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 GMP CONSISTENCY
There shall be an added expense for the The various Elements of the Growth Management Plan
applicant to comply with the mailed notice do not regulate the use of rights -of -way. Therefore, this
requirement and for any special event LDCA may be found consistent with the GMP.
reviewed by the HEX or Board.
EXHIBITS: A) Executive Summary
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DRAFT
Amend the LDC as follows:
5.04.05 — Temporary Events
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A. Special Events. This section establishes the location and development standards for
special events, including temporary market events, sales and promotional events, and sports,
religious, aPA community events, and events in County rights -of -wax.
Standards applicable to all special events.
a. Sanitary facilities shall be provided for the duration of the event. Proof
of consent by business management shall be provided if permanent
business restrooms are to be used.
Safe ingress and egress shall be provided to the site, including
emergency access measures.
C. A maximum of 25 percent of the vehicular use area may be occupied or
otherwise rendered unusable by the placement of temporary structures,
equipment, and merchandise associated with the special event, unless
equivalent additional off -site parking is provided.
d. The minimum required number of handicapped parking spaces for the
site pursuant to LDC section 4.05.07 shall not be used for the special
event.
e. In support of the special event, temporary structures, equipment,
merchandise, and signage may be placed on the site subject to the
approval of a site diagram depicting the locations of principal structures,
parking, temporary structures, and signage.
Temporary signage shall be subject to the restrictions set forth in
LDC section 5.04.06.
All temporary structures, equipment, merchandise, or placement
and parking of vehicles in conjunction with the special event shall
be located in a parking lot or open space at least 10 feet from the
property line, except events in County rights -of -way that are
approved in accordance with LDC section 5.04.05 A.5. All
temporary structures, equipment, merchandise, or placement
and parking of vehicles in conjunction with the special event and
shall be removed at the conclusion of each event.
iii. A building permit may be required for the erection of temporary
tents or structures.
See Collier County Code of Laws Sections 118-102 and 118-131 to 118-
155, or successor sections, for additional standards related to solid
waste and recycling collection.
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g. No sales, advertising, or other activity related to the special event shall
be permitted in the public right-of-way in accordance with Collier County
Code of Laws Section 26-1, or successor sections, unless approved in
accordance with LDC section 5.04.05 A.5.
Application. The Administrative Code shall establish the procedural
requirements for special events.
5. Events in County Rights -of -Way.
a. A temporary use permit shall be required for events which take place in any
county owned or maintained rights -of -way.
b. The temporary use permit application shall be submitted at least 120 days
prior to an event that requires Hearing Examiner or Board approval or 60
days prior to an event that requires administrative approval.
C. At a minimum, temporary use permit applications for events shall be
reviewed by the following Collier County departments, divisions, and
outside agencies:
i. Collier County Growth Management Department shall determine
compliance with all applicable requirements.
ii. Collier County Sherriff's Office shall determine whether any
additional security or police service is necessary.
iii. The applicable fire district shall determine whether any additional
fire service is reauired.
iv. Emergency Medical Services shall determine whether any
additional medical services are required.
V. Collier County Bureau of Emergency Services shall determine
whether additional crowd control is reauired.
vi. Collier County Risk Management shall determine whether
additional insurance or bonds are required for the event.
d. Anv event that necessitates the use of the riaht-of-wav of anv arterial or
collector roadway, or any event which necessitates closing all or part of any
County owned or maintained right-of-way between the hours of 7:00 AM
through 9:00 AM or 3:30 PM through 6:30 PM shall require review and
approval at a public hearing of the Hearing Examiner or Board of County
Commissioners. Public notice shall be in accordance with LDC section
10.03.06 Z. Any appeal from a Hearing Examiner decision shall be to the
Board of Zoning Appeals.
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e. Events that do not require a public hearing as set forth in LDC section
5.04.05 A.5.d above, shall be reviewed by the County Manager or
designee. Any appeal from an administrative determination shall be to the
Hearina Examiner or Board of Zonina ADDeals. as aDDlicable.
f. Criteria for review:
i. The applicant has complied with all required criteria on the permit
application form.
Sufficient support personnel, including certified crowd managers
are available to assist in the conduct of the event.
iii. Adequate support facilities are available for the event including, but
not being limited to, parking, refuse collection, sanitation, and
lighting.
iv. No conflict exists with the requested event and other approved and
previously scheduled events.
V. Crowd size has been determined to be a manageable size for the
proposed event and site.
vi. The event is aenerallv comDatible with the character of the
surrounding area.
vii. The applicant complied with the terms and conditions of any
previously approved permits.
ADDlications shall include a site Dlan and route maD that shows the
proposed route of the event, areas of assembly or dispersal, parking areas,
location of temporary signs, maintenance of traffic signs (such as detour
signs, barricades, or cones), stationing of any crowd managers, officers, or
flag persons, temporary detours to be utilized by the public, and all
temporary construction or structures (stapes, booths, water and toilet
facilities, etc.).
h. The placement and location of maintenance of traffic signs shall be in
accordance with the Federal Manual on Uniform Traffic Control Devices,
as amended, and FDOT's Roadway and Traffic Design standard plans.
i. Certified crowd control managers shall be provided at a minimum ratio of
one per 250 participants or attendees. Hiring of off -duty law enforcement
officers shall satisfy the requirement for certified crowd control managers.
The Countv Manaaer or desianee may revoke a temoorary use Dermit if it
is determined that any condition or stipulation has been violated, that the
approval was in error or based on inaccurate information, or that the use
negatively impacts the surrounding uses or poses a safety hazard, or
otherwise is negatively impacting the safety, health or welfare of the
general public.
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5.04.06 - Temporary Signs
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1'h 1'f fY 'FF
A. A temporary use permit is required for the placement of any temporary ground sign, snipe
sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed
subject to the restrictions imposed by this section.
The County Manager or designee may issue temporary sign permits, classified by
use, as necessary to adequately address each of the temporary signs described
within this section. For each permit type the nonrefundable fee shall be as
established in the fee schedule for the services performed by the Growth
Management Division.
2. Temporary signs and banners shall not be erected prior to obtaining the
appropriate temporary use permit and shall be removed on or before the expiration
date of the temporary use permit authorizing said sign.
3. Standards applicable to all temporary signs.
a. Temporary signs and banners permitted by authority of this section shall
not be placed within any public right-of-way, except when an event in the
right-of-way is approved and a temporary use permit is issued in
accordance with LDC sections 5.04.05 A.5 and 5.04.06 B.1.
Sign placement shall not obstruct or impair the safe visibility,
ingress, or egress of pedestrians and motorists.
The occupant of a lot, parcel, multi -tenant parcel or mixed use building,
may display 1 on -site temporary sign; a second such sign may be displayed
on a property having a second street frontage.
C. Absent specific standards to the contrary, temporary signs shall be located
onsite and no closer than 10 feet to any property line.
d. Temporary signs and banners used on nonresidential or mixed use
properties shall not exceed 32 square feet in sign area or 8 feet in height.
e. Temporary signs used on residentially zoned properties shall not exceed 4
square feet in area or 3 feet in height.
B. Temporary Sign Permit Types and Standards.
Temporary Events. A temporary use permit for a temporary event, issued per LDC
section 5.04.05., shall allow for the placement of temporary signage as classified
and regulated herein.
a. A "sign only" temporary use permit may be issued for temporary ground
signs and banners used to promote a sale, event, or activity not requiring
a temporary event temporary use permit per LDC section 5.04.05 of this
6
L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Jun 18\Meeting Materials\LDCA 5.04.05 5.04.06
10.03.06 Special Events in ROW 5-08-20.docx
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Code. Such uses include, however are not limited to, study or course
offerings, vacation camp, non-public indoor events, and sales events
occurring within the confines of an established business.
i. "Sign only" temporary use permits will be allowed, regulated, and
enforced as special event signs.
ii. Time limits for "sign only" temporary use permits shall be the same
as those for special events, see LDC subsection 5.04.05 A.3.
b. Special event signs.
Special event signs shall be erected not more than 15 calendar
days prior to the supporting event and shall be removed within 7
calendar days after the event has taken place.
C. Seasonal sales signs.
d. Garage sales signs. Two temporary signs may be placed on the property
where the sale is being conducted.
e. Temporary signs for events in rights -of -way.
Signs may display the event, name, date, location and a directional
arrow pointing to the direction of the event only.
ii. No sales, advertisement, or commercial message is allowed on
signs.
iii. Maximum dimension of 24 inches by 32 inches.
iv. No signs shall be erected more than seven days prior to a
scheduled event, and all signs must be removed within three
business days after the event completion.
V. No signs shall be located within the right-of-way medians.
vi. No signs shall be attached to traffic control signs or other authorized
highway signs and impede vehicular or pedestrian traffic.
vii. Limited to six signs within a five -mile radius of the event boundaries.
However, events recognized at a regular meeting of the Board of
County Commissioners to benefit the Community and promote
tourism are limited to up to 40 signs.
# # # # # # # # # # # # #
10.03.06 — Public Notice and Required Hearings for Land Use Petitions
* * * * * * * * * * * * *
7
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10.03.06 Special Events in ROW 5-08-20.docx
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Z. Events in Rights -of -Way, pursuant to LDC section 5.04.05 A.5.
1. The following advertised public hearing is required:
a. One Hearina Examiner or BCC hearina.
2. The following notice procedures are required:
a. Newspaper advertisement prior to the advertised public hearing in
accordance with F.S. 125.66.
b. Mailed notice prior to the first advertised public hearing. For the purposes
of this application, all mailed notices shall be sent to property owners,
neighborhoods and business associations within one -quarter mile of the
County right-of-way impacted by the event.
# # # # # # # # # # # # #
8
L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Jun 18\Meeting Materials\LDCA 5.04.05 5.04.06
10.03.06 Special Events in ROW 5-08-20.docx
Exhibit A — Executive Summary
16,lk,20
tw2V2019
Reeomulendalion to direct staff to brim beck for a public hearing an ordinance, awcedinp lhr
Land Dcvclopmcni Cadc and the Adminisirativc Cudc to clarify the submittal requirements,
criteria for review, and apprimal prnccss for special events that will require the use nit count}
owned nr maintained rights -or -way, and allans applications far such eeenls In he procersed under
the proposed nuw svindards while the I J C amendment process is Fntlinp,
UILECT[M To provide sufficient time and standard procedures for County divisions or other outside
agene[es required to review all special evenl applications and to streamline the permining pmeess
especially fur application which will require read closure such as parades, racXS, rallirs, or other cvcnl
that would inquire the use of Collier County uwned or mainlained righm—cif-way. This change would
prTtvide staff and outside groups such a4 the Sheriff" s NYke, Fire I]istricts, EMCrgertey MadiCal Scrviccs
Bureau of Emcrgcnvy ScrvivcN and Collier County Risk-Managmwnt, the opporlunily to rrvicw in detail
each application and enhance the 11ea Itlt and safety of the residents and visilors to Collier County,
CONSIDERATIONS: The Land Dcveiupment Cudc is silent with regards to Stmtdards for spmial
cvenu that will squire the use of county owned andfur maintained right-oFway, such as foot races ar
hicy-eic races. Tkliending on the location and timing, these events can have a significant impart an traffic
and acccgs to private properties. Staff pmpo=S cslablishing the following standards and approval process
for these cvwnts:
■ A nquircatcnt for temporary use permits (TUP) for events wlticb take place in any county owned
or maintained rights -of -way (this applies to sidewalks, travel lanes, etc-).
+ A rcquircinem for a public hearing in front of the Hearing Examiner for any -event which
necessitates the use of any arterial or collector rights -of -way or for the closing of any county
owned or maintained righis of -wag during AM or PM peak hours.
+ A requirement 10 submit applications a minimum of 60 days prior to the beginning of an event
that mquirt%s adminisumlivc approval. and J 20 days prior to an cvcnt that requires a pub lie he:u irlg-
* The ability to appeal administrative d&isiuns In (he. I tearing Evsaminer and lu appeal I iearitq;
Lxamincr decisions to the Board of Zuning Appeals.
* A rcquirement For TUPs For events in rights -of -way to be reviewed by:
* iwollicT Counry Growth Managcmcnt I]ivision,
o Collin County Sherri W5 Olticc,
o Fire Districts,
o Emergency Medical Services,
o Collier County Bureau of Emergency Services, and
o Collier County Risk Management.
■ A requirement for site plans and route maps,
■ A rcquircmcnt far certified Crowd control managers.
■ An allowance IoT the County Manager or designee to Tcvolkc a 7-1JP under ccnam Circumstance ,
■ An allowance CoT directional sigm, to be located in the public right -of --way according to the
following criteria,
o Signs may display the event, name, date, location and directional arrow pointing in she
di iwlim of the evens only,
o Nu sales- advertisement, or commercial mrssuges allowed an signs_
o Maximum dimension of 24 inches by 32 inches,
o No sins shall be crectcd rrwrc than seven days Prior to a schcdu led evcnl, and all sijms
must bc, removed within Ihrec bumnms days after the evunt eumpletion,
Packet Pg. 1522
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L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Jun 18\Meeting Materials\LDCA 5.04.05 5.04.06
10.03.06 Special Events in ROW 5-08-20.docx
Exhibit A — Executive Summary
T0V=019
o ND signs may he located within Lhr mcdians,
o Nn signs shall hr attachrd to traffic control si7x yr nthcr authnrincd highway signs,
o Limilcd to six signs within a fivc-mi lc radius of the c': cnt boundaries, and
o An additional allocation of up to 40 special event directional Cigna for cvcnts rccogniatd
by the Board orCounty Commissioners to hcnciit the communily-
A rcquircmwnt for NcwcPaper adwrtiscment and mailed no6cc prior to the advrrtiscd public
hearing.
Standards in Other CoturittuM00
Standard
Chnrliitte
LvCounty
City of
Sarasota
WtvFalm
Fst.imimi
Conn',
Naples
C'nD,ity
Ra'ach
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Limitatiimr an Ruud
C'losw s
frafF Safety
x
x
x
f'lanx-"Vtaintcnancr
of Tm f5c
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3q alav>
30 days prior
t year to 60
10 days
6 months
60 days
uhmittal L3xadlinc
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days prier
Tuior
far "high
prior
( prior to t tivenl date)
itrtpt t:t
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fk weeks
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. U16-4cricy
Re%- i eWAppmval
f.'ancrllation During
Dec lared
Finer lies
Uministrativc
City
Approval
Council
CAoivrrs
apprDVm]
Jppruvif�l
for street
by Mayor
clMings
ApprAl Prurrss
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Location of
LDC,
LDC,
LDC
LDC,
Application
iandards
Adminisiralivc
Application
Applicalion
Code, Stand-
tcnns and
alone Ordinance
uondiuons
Staff is requcstit�g approval to advcttise, and bring back for public liearing, an ordivancc approving thL'
standards, processes and procedures described above, and authorization to allow staill'to process existing
applications under the pmpusmd ne%v zoning standards while iho zoning i-hangc is in progress-
F1SCGiFACTI Cost of advertising fur the LDC amrndment is estimated at 5 1,2N-
Packet Pg. 1$23
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LALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Jun 18\Meeting Materials\LDCA 5.04.05 5.04.06
10.03.06 Special Events in ROW 5-08-20.docx
Exhibit A — Executive Summary
1,
10=019
GROWTH MANAGEMENT EMPACT: There is no Growth ManaVrnent Impact associdtcd with this
Srdi4�n_
LEGAL CONS] DERATIO S: This ilem is approved as 10 Farm and legality, and it NgUiM a majority
vote ioffappruvul_ An aliirinalive vale of tour will be needed when the Board hears the LDC amendment
in the future. (HFAQ
RECOMMENDATION., Rcxommrndatinn to diriwL staff to bring back for a Public ht:aring Un
ordinance, amending the Land Dcvelflpment C.'nde and the AdministratiuC, C rPde to extablish a temporary
rise permit and sppmvaL proccs5 for special events that will require the ura of cnunty owned (3r
maintained rights-rf- ay, and gLIlow applications for such teen" to be pmccsccd under th€ proposad new
standards while the LDi aniendmerrt process is pending,
FTL,Vared byt Jaynes French, Deputy Department Head, Grimh Managoment Department
Claudine Au4Lair, Business Cent -or Manager, Growth Managumvra Department
ATTACHMF.NTM)
1. Dmft LDCA for Executive Summary 1-14-19 w CAO approval (PDF)
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L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Jun 18\Meeting Materials\LDCA 5.04.05 5.04.06
10.03.06 Special Events in ROW 5-08-20.docx
Exhibit A — Executive Summary
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DRAFT Teed underlined me new le%l 10 W added
Amend the LDC as follows:
6.04.05 — Temporary Events
A_ Special Events_ This section establishes the location and development standards for
special events, including temporary market events, sales and promotional events. and
sports, religious, QA4 comm unity events. and events in rights -of -way.
W
1. Standards applicable to all special events-
a. Sanitary faaillties shall be provided for the duratlon of the event. Proof
of consent by business managemem shall be provided if perrrlanent V3
business restropms are to be used. +
b_ Safe ingress and egress shall be provided to the site, including
arn"ancy access measures_
0. A maximum of 25 percent of the vehicular vso area may be occupied or
otherwlse rendered unusable by the placement of temporary structures,
equipment, and merchandise associated with the special event, unless
equivalent additional off -site parking is provided.
d_ The minimum required number of handicapped parking spaces far the
site pursuant to LDC section 4.05.07 shall not be used for the special
eve nt.
e. In support of the spealal event, temporary structures, equipment,
merchandise, and sigoage may be placed on the site subject to the
approval of a site diagram depicting the locations of principal structures,
parking, temporary structures, and signage_
Temporary signage shall be subject to the restrictions set forth in
LDC section 5.04.06.
All temporary structures, equipment, marchandise, or placement
and parking of vehicles in conjunction wlth the special event shall
be located in a parking lot or open space at least 10 feet from the
property line. except events in riaht5-of-way that are approved in
accordance with LDC section 5.04.05 A.5_ All ternmrary
structures, equipment, merchandise, or placement and parking
of vehicles in conjunction with the special event oFA shall be
removed at the conclusion of each event_
Ili. A bullding permit may be required for the erectlon of temporary
tents or structures.
1
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L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Jun 18\Meeting Materials\LDCA 5.04.05 5.04.06
10.03.06 Special Events in ROW 5-08-20.docx
Exhibit A — Executive Summary
1
f_
See Collier County Code of Laws Sections 116.102 and 118-131 to 118-
2
155, or successor sections, for additional standards related to solid
3
waste and recycling collection-
4
5
g_
No sales, advertising, or other activity related tathe special errant shall
6
be permitted in the public rlght-of-way in accordance with Collier County
7
Code of Laws 9ectlon 26-1. or successor se! tlens. unless aonroved In
8
ai:cardance with LDC section 5.04:05 A:5.
9
10
h.
Application_ The Administrative Code shall establish the procedural
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requirements for special events.
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5. Events
in Rights -of -Way.
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a.
A temporary use oermd shall' be required far events which lake place m any
18
county awned or maintained riahts-of-way.
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b.
The temporary use permit application shall be submitted at least 120 days
21
prior to an event that requires Hearing Examiner approval or &D days prior
22
to an event that requires administrative approval.
23
24
C.
At a minimum, temnorara use permit anolltatlons for events In rights-of-
25
way shall be reviewed by the followlrlb Collier County departments.
26
divisions. and outside aaencles.
27
28
i. Collier Gounty Growwh Monagement Department shall determine
29
compliance with all applicable development standards.
30
31
ii_ Collier County 8harriffs Office shall determine whether any
32
additional security or ochre service is ne-cmary.
33
34
Hi. The applicable fire district shall determine whether any additional
35
fire seryIce Is reoulred.
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iv- Emergency Medical Services shall determine whether anv
39
additional medical services are required.
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V. Collier Counter Bureau of Emergency Services sflall determing
41
Aelher addMonal crowwd control is required.
42
43
vi_ Dallier County frisk Management shall determine whether
44
additional insurance or bonds are reauired for the event,
45
46
d.
Any event Mich necessitates the use of the right-of-way of any arterial or
47
collector roadway, or any anent which necessitates clasing all or part of am
4$
County owned or maintained right-cf-way bgtween the hgurs pf 7:40 AM
49
Through 9!00 AM or 3!30 PM through 610 PM shall require review and
2
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L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Jun 18\Meeting Materials\LDCA 5.04.05 5.04.06
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Exhibit A — Executive Summary
15.A.24,a
DRAFTTef1 inderllned le new Lezl to tse added
t approval at a public hearing of the Hearing Examiner or Board of County
2 Commissioners. Public notice shall be in aocardance with LDG section
3 10.03.06 Z_ Any appeal from a Hearing Examiner deaisiGn shall be to the
4 Board of Zoning Appeals.
5
6 e Eyerrts that do not reaulre public hearing as set forth 0 LDC sealer, 5.04.D5
7 A.5 d abowe. shall tre reviewed by the County fvfoneaer or designee. Anw
8 appeal from an administradwe determination shall tre to the Hearing
9 Exemineror Board of Zoning Appeals, as applicable.
10
11 f_ Criteria for rewiew:
12
13 i. The applicant has complied with all reauirod criteria outlined on the
14 permit angllcalion form,
15
16 ii_ Sufficient support aersonnel are available to assist in the conduct
17 of the event_
18
14 iii. Adeguate support facilites are available for the event with the
20 supmit facilities including, but not being limited to, marking. refuse
21 collection, sanitation, and lighting.
22
23 Iv No conflict exists with the reauested evens and ether aporoved and
24 previously scheduled eyenta,
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26 V. Crowd size has been determined to be a manageable size for the
27 proposed event and site.
28
29 wi_ The event is generally -compatible with the character of the
30 surrounding area.
31
32 yli, The applicant complied with terms and oondllians of any previously
33 granted aermits.
34
35 Q. Applications shall include a site plan and route map that shows the:
36 proposed roue of the event, areas of assembly or dispersal, parking areas,
37 locatipns of directional signs, maintenance of traffic signs (such as detour
38 signs. barricades, ar Cones)1 stationing of any crowd mani)gem, [officers, or
34 ftagaersons, Semporery detours to Ire utilized by the putAic, and all
40 lemporary oonstruction or structures fstafles, buaths. water and tollet
41 etc.),
42
43 h. Certified crowd control managers shall be provided at.a minimum ratio of 1
44 per 250 parGapanis or attendees_ Hiring of off -duty deputies shall saUsfy
45 the rag uiremW for certified crowd control managers.
46
47 i_ The County Manager or designee m2y revoke a larmoorary use oermil if it
48 Is determined that any wndlilion or stinulatlon has been ylolated. that the
49 approval was In error or based en inaccurate Informatlon. or Ihat the use
3
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Exhibit A — Executive Summary
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negatively impacts the surroundinq uses or poses a safety hazard, OF
otherwise is negatively impacting the safety, health or welfar$ of the
general public.
# # # # # # # # # # #
S."06 - refit pore ry Signs
A. A temporary use permit is required for the placement of any temporary ground sign_ snipe
sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed
subjer,t t4 the restrictions imposed by this section.
1. The County Manager or designee may Issue temporary sJgn permits, alasslfled by
use, as necessary to adequately address each of the temporary signs described
within this section. For each permit type the nonrefundable fee shall be as
established in the fee schedule for the services performed by the Growth
Management Division.
2. Temporary signs and banners shall not be erected prior to obtaining the
appropiiale temporary use permit, and shalf be removed pit OF befprg the
explratlon dale oil the temporary use permil aulhorizing said sign,
3, Standards applicable to all temporary signs.
a_ Temporary signs and banners pernitle,d by authority of this se -lion shall
not be placed within any public rioht-of-way_
i. Sign placement shall not obstruct or impair the safe visibility,
ingress, or ogress of pedestrians aind molotists.
b. The occupant of a lot, parcel, multi -tenant parcel or mixed use building, may
display 1 orrsite temporary sign; a second such sign may be displayed on a
property hawing a second street frontage.
C. Absent specific standards to the con", temporary signs shall be located onsits
and no closer than 1 Of set to any property I in$_
d. Temporary signs and banners used on nonrasiden6al or mixed use properties shall
not exceed 32 square feet In sign area or 8 feet In height.
e. Temporary signs used on residentially zoned properties shall not exceed 4 square
feet in area or 3 feet in height.
E. Temporary Sign Permit Types and Standards_
1. Temporary Events. A temporary use permit for a temporary event, issued per
section 5,04,05„ shall allow for the placement of temporary signag a as classified
and regulated herein.
4
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10.03.06 Special Events in ROW 5-08-20.docx
Exhibit A — Executive Summary
D RIFT
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a_ A "sign only" temporary use permil may W issued for temporary ground
signs and banners used to promote a sale, event, or agtivo not requiring
a temporary event temporary use permit per section 5.04.05 of this Code,
Such uses include, however are not limited to, study of course offerings,
vacation camp, non-public indoor events, and sales events occurring within
the confines of an established business.
i. "Sign only" temporary use permits will bs allowed, reguialed, and
enforced as spacial event signs.
li- Time limits for "sign only' temporary use permits shall be the same
as those for special events, see subser,tlon 6. 4.05 A.3.
b_ Special event signs.
i. Special event signs shall be erected not more than 15 calendar
days prior to the supporting event and shall be removed within 7
calendar days after the event has talon plate.
C1. Seasonal sakes signs.
d. Garage sales signs. Two temporary signs may be placed on the property
where the sale is being conducted.
e_ directional signs for events in rights -of -way signs.
i. Signs may display Ihg event, name, date, location and directional
arrow nolntlrm in the dkreetion of the event ontw,
li No sales_ advertisement. or oommerclal message is allowed on
sians-
iii. Maximum dimension of 24 inches by 32 inches-
iv- No signs shall be erected more than seven days prior to a
scheduled event. and all signs must be removed within Ihrin�e
puniness days after the event completion.
V. No signs may be located within the medians
vi_ No si-uns shall be attached to traffic control signs or other authorized
highway signs_
vii. Limited to six signs within a five -mile radius of the event boundaries.
However. events rewonized at a regular meeting of the Board ni
County CommIssloners to benefli the CorrimurkIty are limited to uo
to 40 directlonal skirls.
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L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Jun 18\Meeting Materials\LDCA 5.04.05 5.04.06
10.03.06 Special Events in ROW 5-08-20.docx
Exhibit A — Executive Summary
10JL20
t 10.03M — Public Notice and Required Hearings for Land Use Petitions
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5 Z- Eyonis in Rights -of -Way. pursuant to LDC section 5-04.05 A.S.
6
7 1, The following advertised PuWir, hearing is recurred
8
9 a_ One Hearina Examiner or BCC Hearina,
1e
11 2. The following noti-ce procedures are required:
12
13 a. Newspaper Advertisoment prior to the advertised public gearing in
14 accordanoo with F.S. 125,66,
15
16 b_ Flailed Notice odor to the first advertised public hearinu, For the .Durooses
17 of this application, all mailed notices shall he sent to ononertu owners, and
18 neighborhood and business assvraations within one -quarter mile radius
19 irom the event-
20
21 # # # # #F # # # # # # # #
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L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Jun 18\Meeting Materials\LDCA 5.04.05 5.04.06
10.03.06 Special Events in ROW 5-08-20.docx
Collier
CoHnty
00
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200000268
ORIGIN
Growth Management
Department
HEARING DATES
BCC
TBD
CCPC
TBD
DSAC
TBD
DSAC-LDR 06-18-20
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
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC
TBD 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 of County Commissioners directed 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 by
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 and extend the time period to
September 27, 2022 for early entry TDR bonus credits.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no fiscal or operational impacts To be provided by Comprehensive Planning Staff.
associated with this amendment.
EXHIBITS: None
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L:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Jun 18\Meeting Materials\2.03.07 TDR Early Entry Bonus
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Amend the LDC as follows:
2.03.07 — Overlay Zoning Districts
* * * * * * * * * * * * *
D. Special Treatment Overlay (ST).
* * * * * * * * * * * * *
4. Transfer of Development Rights (TDR).
* * * * * * * * * * * * *
C. TDR credits from RFMU sending lands: General Provisions
* * * * * * * * * * * * *
ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be
generated from RFMU sending land property from which TDR
credits have been severed. The three types of TDR Bonus credits
are as follows: Early ERtry BGR S rre dits —
* * * * * * * * * * * * *
c) Early Entry Bonus credits. Early Entry Bonus credits shall
be generated at a rate of 1 additional credit for each TDR
credit that is severed from RFMU sending land for the period
from March 5, 2004, until MaFGh September 27, 2042- 2022,
unless further extended by resolution by the Board of
County Commissioners. Early Entry Bonus credits shall
cease to be generated after the termination of this early
entry bonus period. However, Early Entry Bonus credits may
continue to be used to increase density in RFMU and non-
RFMU Receiving Lands after the termination of the Early
Entry Bonus period.
* * * * * * * * * * * *
f. Procedures applicable to the severance and redemption of TDR credits
and the generation of TDR Bonus credits from RFMU sending lands.
* * * * * * * * * * * * *
ii. In order to facilitate the County's monitoring and regulation of the
TDR Program, the County shall serve as the central registry for
all TDR severances, transfers (sales) and redemptions, as well
as maintain a public listing of TDR credits available for sale
along with a listing of purchasers seeking TDR credits. No TDR
credit generated from RFMU sending lands may be utilized to
increase density in any area unless the following procedures are
complied with in full.
* * * * * * * * * * * * *
b) TDR Bonus credits shall not be used to increase density in
either non-RFMU receiving areas or RFMU receiving lands
until a TDR credit certificate reflecting the TDR Bonus
credits is obtained from the County and recorded.
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1) Early Entry Bonus credits. All TDR credit
certificates issued by the County for the period from
the effective date of this provision until MaFGh
2015 September 27, 2022, unless further extended
by resolution by the Board of County
Commissioners, shall include one Early Entry
Bonus credit or fractional Early Entry Bonus credit
for each TDR credit or fractional TDR credit
reflected on the TDR credit certificate. Where TDR
credits were severed from March 5, 2004, until the
effective date of this provision, the County shall,
upon receipt of a copy of the TDR credit certificate
reflecting those previously severed TDR credits,
issue a TDR credit certificate entitling Early Entry
Bonus credits equal in number to the previously
severed TDR credits.
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