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Agenda 10/13/2020 Item # 9F (Ordinance - C-4 Self Storage)10/13/2020 EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to allow enclosed, indoor, air-conditioned self- storage as a permitted use in the General Commercial District (C-4) when such use is combined in the same building with another permitted commercial use, and to provide additional design standards for such buildings, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two - Zoning Districts and Uses, including Section 2.03.03 - Commercial Zoning Districts; and Chapter Five - Supplemental Standards for Specific Uses, including Section 5.05.08 Architectural and Site Design Standards; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200000359] OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the proposed Land Development Code (LDC) amendment. This is the first of two required hearings. CONSIDERATIONS: 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 developments with a mix of uses rather than requiring separation standards. This LDC amendment proposes to allow enclosed, indoor, air-conditioned self-storage use as a Permitted Use when combined in the same building with other uses that are permitted in the C-4 Commercial Zoning District. In order to be a permitted use, the self-storage use would be limited to occupying less than 50 percent of the total area of the first floor. When buildings are designed so that the self-storage use occupies less than 50 percent of the ground floor area and the square footage of the other permitted commercial use or uses exceeds 50 percent of the ground floor area, then the primary façade design features normally required for commercial buildings shall apply. In addition, the architectural design for the entire building shall be a consistent theme, in order to avoid having contrasting styles for each use. This LDC amendment applies to all properties throughout the County that are zoned C-4 and does not apply only to properties with the U.S. 41 Corridor that was previously identified. Two Board hearings are required to adopt an LDC amendment pursuant to LDC section 10.03.06 K. The scope of this amendment requires that at least one of the hearings must be held after 5:00 p.m. on a weekday. However, on September 8, 2020, the Board elected to waive the nighttime hearing requirement and instead, chose to conduct two daytime hearings. This meeting represents the first of the two required hearings-the other is anticipated for October 27, 2020. DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: On July 28, 2020, the DSAC-Land Development Review (DSAC-LDR) Subcommittee recommended approval contingent upon the following: 1. Revise LDC section 5.05.08 E.2.f.ii. to indicate, “The architectural design for the entire building shall be a consistent theme, in order to avoid having contrasting styles for each use.” On August 5, 2020, the DSAC recommended approval. Despite the DSAC recommending approval without conditions, the proposed text was updated to comply with the DSAC-LDR Subcommittee’s recommendation. 9.F Packet Pg. 279 10/13/2020 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: On September 9, 2020, the CCPC recommended approval of the amendment by a vote of 4-1. The dissenter (Mr. Fryer) noted that self-storage is a controversial use that is in high demand. Mr. Fryer was concerned that if the LDC is changed to allow self-storage as permitted by right rather than as a conditional use, that it would result in less effort by developers to achieve a higher-level quality of aesthetics. FISCAL IMPACT: There are no fiscal impacts associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and an affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: To approve the proposed Ordinance to amend the Land Development Code and direct staff as to any changes. Prepared by: Eric Johnson, Principal Planner, Zoning Division ATTACHMENT(S) 1. Ordinance (09-22-2020) (PDF) 2. LDC Amendment (self-storage) (PDF) 3. legal ad - Agenda ID 13519 (PDF) 9.F Packet Pg. 280 10/13/2020 COLLIER COUNTY Board of County Commissioners Item Number: 9.F Doc ID: 13519 Item Summary: Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to allow enclosed, indoor, air - conditioned self-storage as a permitted use in the General Commercial District (C-4) when such use is combined in the same building with another permitted commercial use, and to provide additional design standards for such buildings, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two - Zoning Districts and Uses, including Section 2.03.03 - Commercial Zoning Districts; and Chapter Five - Supplemental Standards for Specific Uses, including Section 5.05.08 Architectural and Site Design Standards; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [PL20200000359] Meeting Date: 10/13/2020 Prepared by: Title: Planner, Principal – Zoning Name: Eric Johnson 09/10/2020 3:26 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 09/10/2020 3:26 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 09/11/2020 1:39 PM Zoning Jeremy Frantz Additional Reviewer Completed 09/14/2020 4:52 PM Zoning Anita Jenkins Additional Reviewer Completed 09/22/2020 4:39 PM Growth Management Department James C French Deputy Department Head Review Completed 09/24/2020 12:16 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/28/2020 4:24 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/01/2020 12:41 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/01/2020 1:08 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/01/2020 5:19 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/02/2020 8:53 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/04/2020 11:42 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM 9.F Packet Pg. 281 9.F.1 Packet Pg. 282 Attachment: Ordinance (09-22-2020) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) 9.F.1 Packet Pg. 283 Attachment: Ordinance (09-22-2020) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) 9.F.1 Packet Pg. 284 Attachment: Ordinance (09-22-2020) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) 9.F.1 Packet Pg. 285 Attachment: Ordinance (09-22-2020) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) 9.F.1 Packet Pg. 286 Attachment: Ordinance (09-22-2020) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) 9.F.1 Packet Pg. 287 Attachment: Ordinance (09-22-2020) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) 9.F.1 Packet Pg. 288 Attachment: Ordinance (09-22-2020) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 13\Meeting Materials\Self-Storage\Proposed Text (09-10-2020).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20200000359 SUMMARY OF AMENDMENT This Land Development Code Amendment (LDCA) proposes to allow enclosed, indoor, air-conditioned self-storage use as a Permitted Use when combined 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 10/13/2020 09/09/2020 08/05/2020 07/28/2020 2.03.03 5.05.08 Commercial Zoning Districts Architectural and Site Design Standards ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC Approval CCPC Approval BACKGROUND: This LDCA 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 developments with a mix of uses 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 combined 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 LDCA 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. DSAC-LDR Subcommittee Recommendation: On July 28, 2020, the DSAC-LDR Subcommittee recommended approval contingent upon the following: • Revise LDC section 5.05.08 E.2.f.ii. to indicate “The architectural design for the entire building shall be a consistent theme, in order to avoid having contrasting styles for each use.” DSAC Recommendation: On August 5, 2020, the DSAC-LDR Subcommittee recommended approval. Despite the DSAC recommending approval without conditions, the proposed text was updated to comply with the Subcommittee’s recommendation. CCPC Recommendation: On September 9, 2020, the CCPC recommended approval of the amendment by a vote of 4-1. The dissenter (Mr. Fryer) noted that self-storage is a controversial use that is in high demand. Mr. Fryer was concerned that if the LDC is changed to allow self-storage as permitted by right rather than as a conditional use, that it would result in less effort by developers to achieve a higher level quality of aesthetics. 9.F.2 Packet Pg. 289 Attachment: LDC Amendment (self-storage) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 13\Meeting Materials\Self-Storage\Proposed Text (09-10-2020).docx 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 it 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; and B – Examples of Self Storage Combined with Other Uses 9.F.2 Packet Pg. 290 Attachment: LDC Amendment (self-storage) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 13\Meeting Materials\Self-Storage\Proposed Text (09-10- 2020).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 located with at 36 least one other permitted commercial use in the same building, and 37 subject to the following: 38 39 a. The enclosed, indoor air-conditioned self-storage shall 40 occupy less than 50 percent of the total floor area of the first 41 floor. 42 43 b. Any accessory office or retail component incidental to the 44 enclosed, indoor air-conditioned self-storage use will not 45 count toward the calculation of the floor area of the other 46 permitted use(s). The accessory office or retail component 47 9.F.2 Packet Pg. 291 Attachment: LDC Amendment (self-storage) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 13\Meeting Materials\Self-Storage\Proposed Text (09-10- 2020).docx of an enclosed, indoor air-conditioned self-storage use will 1 count toward the calculation of the floor area of the self-2 storage use. 3 4 912. Museums and art galleries (8412). 5 6 [renumber remaining uses] 7 8 * * * * * * * * * * * * * 9 10 c. Conditional uses. The following uses are permitted as conditional 11 uses in the general commercial district (C-4), subject to the standards and 12 procedures established in LDC section 10.08.00. 13 14 * * * * * * * * * * * * * 15 16 24. Motor freight transportation and warehousing (4225, enclosed, 17 indoor air-conditioned and mini-and self-storage warehousing only). 18 19 # # # # # # # # # # # # # 20 21 5.05.08 – Architectural and Site Design Standards. 22 23 * * * * * * * * * * * * * 24 25 E. Design standards for specific building uses. 26 27 * * * * * * * * * * * * * 28 29 2. Self-storage buildings. Self-storage buildings are subject to all of the applicable 30 provisions of this section with the following exceptions and additions: 31 32 * * * * * * * * * * * * * 33 34 f. Combined with another use or uses in the same building. 35 36 i. When an enclosed, indoor self-storage use is located in the same 37 building with another permitted commercial use or uses and the 38 square footage of the other use or uses exceeds 50 percent of the 39 ground floor area of the building, then the primary façade design 40 features of LDC section 5.05.08 D.2.b. shall apply. 41 42 ii. The architectural design for the entire building shall be a consistent 43 theme, in order to avoid having contrasting styles for each use. 44 45 # # # # # # # # # # # # # 46 9.F.2 Packet Pg. 292 Attachment: LDC Amendment (self-storage) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) Exhibit A – Amendment History 5 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 13\Meeting Materials\Self-Storage\Proposed Text (09-10- 2020).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. 9.F.2 Packet Pg. 293 Attachment: LDC Amendment (self-storage) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) Exhibit B – Examples of Self Storage Combined with Other Uses 6 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 13\Meeting Materials\Self-Storage\Proposed Text (09-10- 2020).docx 16638 Sheridan Street in Pembroke Pines, FL 401 34th Street North in St. Petersburg, FL 9.F.2 Packet Pg. 294 Attachment: LDC Amendment (self-storage) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) Exhibit B – Examples of Self Storage Combined with Other Uses 7 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 13\Meeting Materials\Self-Storage\Proposed Text (09-10- 2020).docx 107 Hillcrest Street in Orlando, FL 1500 Gateway Blvd, Suite 190 in Boynton Beach, FL Source: Google Maps 9.F.2 Packet Pg. 295 Attachment: LDC Amendment (self-storage) (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District) 9.F.3 Packet Pg. 296 Attachment: legal ad - Agenda ID 13519 (13519 : PL20200000359 - Self-Storage Permitted in C-4 Zoning District)