Agenda 10/27/2020 Item #16A 7 (Advertise a Public Hearing)16.A.7
10/27/2020
EXECUTIVE SUMMARY
Recommendation for an after the fact approval to advertise and hold a public hearing to be held on
November 10, 2020, an Ordinance amending the Land Development Code relating to a time period
extension of the Transfer of Development Rights Early Entry Bonus Credits from Sending Lands in
the Rural Fringe Mixed Use District Overlay, to revise the procedures and approval process for
Comparable Use Determinations, to modify the timeframes and process for review of applications
for development orders in the Stewardship Receiving Area, and to establish an approval process
and development standards for special events which take place in County right-of-way as directed
by the Board of County Commissioners (Board) on October 22, 2019.
OBJECTIVE: To obtain Board direction to hold a public hearing for proposed Land Development Code
(LDC) amendments relating to; Transfer of Development Rights (TDR) Early Entry Bonus Credits,
Comparable Use Determinations, Staff review timeframes for Stewardship Receiving Area (SRA)
designations and the approval process and development standards for Special Events in County rights -of -
way.
CONSIDERATIONS:
The proposed ordinance is composed of four LDC amendments.
1. The first amendment follows the Board's approval on September 8, 2020, of Ordinance 2020-24,
adopting a time extension of the TDRs early entry bonus credits to the Collier County Growth
Management Plan. This amendment request shall codify the time extension period's effective
date for TDRs early entry bonus credits from March 5, 2004, to September 27, 2022.
2. The second amendment addresses the current comparable use determination process to obtain a
Zoning Verification Letter (ZVL)-Comparable Use Determination (CUD) and formal affirmation
from the Hearing Examiner (HEX) or Board of Zoning Appeals (BZA). The proposed
amendment shall remove the existing CUD process from the ZVL process and codify criteria for
a comparable use determination with a recommendation in a staff report that shall be reviewed for
approval by the HEX or the Collier County Planning Commission (CCPC). It includes standards
to determine if a proposed use is comparable to the list of permitted uses within a specific Zoning
district and removes the current process for conditional use review within the Industrial and
Commercial Zoning Districts.
3. The third amendment modifies the current timeframes and procedural requirements for
Stewardship Receiving Area (SRA) Designation application review process. This change is to
establish compliance with new statutory time limitations for development permits or orders as set
forth by F.S. 125.002.
4. Lastly, On October 22, 2018, the Board directed staff to publicly vet an LDC amendment that
shall establish a temporary use permit and approval process for special events requiring the use
and temporary road closure of County rights -of -ways and allow applications for such an event to
be processed until new LDC standards are adopted. The newly proposed LDC standards have
been publicly vetted and are designed to provide uniform requirements for temporary events that
require the use of County right-of-way.
The public hearing was advertised on October 21, 2020 in the Naples Daily News.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAQ RECOMMENDATION: The
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10/27/2020
16.A.7
DSAC reviewed these amendments on August 5, 2020, and unanimously recommended approval subject
to the addition of "as applicable" to the end of LDC section 10.02.06 K.2 for the Comparable Use
Determination amendment.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
reviewed these amendments on September 9, 2020, and unanimously recommended approval subject to
changes to the Comparable Use Determination amendment. These recommended changes are:
• Stipulate if the Hearing Examiner decides against hearing the Comparable Use Determination, the
CCPC shall review the petition in lieu of the Board.
• Change LDC section 10.02.06 K.1. to change "may" to "shall" to read: "The following
Comparable Use Determination (CUD) shall be used to determine whether a use is comparable
in nature with the list of permitted uses, and the purpose and intent statement of the zoning
district, overlay, or PUD."
• Change LDC section 10.02.06 K.2.b. to delete "comparable to" and replace with "no greater
than" to read: "The effect of the proposed use would have on neighboring properties in relation to
the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning
district, overlay, or PUD. "
• Relocate LDC section 10.02.06 K.2.d. to LDC section 10.02.06 K.2.e. and insert new language
into subparagraph d. to read as follows: "The proposed use shall be compatible and consistent
with the other permitted uses in the zoning district, overlay, or PUD."
The recommended changes have been incorporated into the LDC text.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority
vote to proceed with the advertisement. (HFAC)
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To provide an after the fact approval to advertise and hold a public hearing on
November 10, 2020 for an Ordinance amending the Land Development Code.
Prepared by: Richard Henderlong, MPA, Principal Planner, Zoning Division
ATTACHMENT(S)
1. A) 2.03.07 TDR Early Entry Bonus Credits 08-05-20 BCC (PDF)
2. B) Comparable Use Determination - PL20200000389 BCC 09-18-2020 (PDF)
3. C) Time Requirements For Development Orders and Permits 08-05-20 BCC (PDF)
4. D) LDCA 5.04.05 5.04.06 10.03.06 Special Events in ROW 09-22-20 BCC (PDF)
5. legal ad - agenda ID 13802 (PDF)
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16.A.7
10/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doe ID: 13657
Item Summary: Recommendation for an after the fact approval to advertise and hold a public
hearing to be held on November 10, 2020, an Ordinance amending the Land Development Code relating
to a time period extension of the Transfer of Development Rights Early Entry Bonus Credits from
Sending Lands in the Rural Fringe Mixed Use District Overlay, to revise the procedures and approval
process for Comparable Use Determinations, to modify the timeframes and process for review of
applications for development orders in the Stewardship Receiving Area, and to establish an approval
process and development standards for special events which take place in County right-of-way as directed
by the Board of County Commissioners (Board) on October 22, 2019.
Meeting Date: 10/27/2020
Prepared by:
Title: Planner, Principal — Growth Management Development Review
Name: Richard Henderlong
09/22/2020 3:29 PM
Submitted by:
Title: Manager - Planning — Zoning
Name: Ray Bellows
09/22/2020 3:29 PM
Approved By:
Review:
Growth Management Department
Judy Puig
Level 1 Reviewer
Zoning
Ray Bellows
Additional Reviewer
Zoning
Jeremy Frantz
Additional Reviewer
Zoning
Anita Jenkins
Additional Reviewer
Growth Management Department
James C French
Deputy Department Head Review
Growth Management Department
Thaddeus Cohen
Department Head Review
County Attorney's Office
Heidi Ashton-Cicko Level 2 Attorney of Record Review
Office of Management and Budget
MaryJo Brock
Additional Reviewer
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Budget and Management Office
Mark Isackson
Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
09/22/2020 4:29 PM
Completed
09/24/2020 10:26 AM
Completed
10/05/2020 9:44 AM
Completed
10/05/2020 10:52 AM
Completed
10/06/2020 6:09 PM
Completed
10/07/2020 4:14 PM
Completed
10/09/2020 10:23 AM
Skipped
10/09/2020 10:30 AM
Completed
10/09/2020 10:30 AM
Completed
10/13/2020 10:30 AM
Completed
10/14/2020 3:08 PM
Completed
10/19/2020 2:30 PM
10/27/2020 9:00 AM
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16.A.7.a
Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20200000268 This amendment shall extend the effective time period for the Transfer of
Development Rights (TDR) early entry bonus credits from sending lands
ORIGIN in the Rural Fringe Mixed Use District.
Growth Management
Department
HEARING DATES BCC 11-10-20 LDC SECTION TO BE AMENDED
CCPC 09-09-20 2.03.07 Overlay Zoning Districts
DSAC 08-05-20
DSAC-LDR 06-18-20
DSAC-LDR
Approval
ADVISORY BOARD RECOMMENDATIONS
DSAC
Approval
CCPC
Approval
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 The proposed LDC amendment has been reviewed by
associated with this amendment. Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: None
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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: F=aF!y E +n, BGR IS GFe dito —
* * * * * * * * * * * * *
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 March September 27, 2012 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.
1) Early Entry Bonus credits. All TDR credit
certificates issued by the County for the period from
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the effective date of this provision until MaFGh 27,
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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16.A.7. b
Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190000389
ORIGIN
Growth Management
Department (GMD)
HEARING DATES
BCC 11/10/2020
CCPC 09/09/2020
DSAC 08/07/2019
DSAC-LDR 03/19/2019
06/18/2019
SUMMARY OF AMENDMENT
This amendment is intended to revise and clarify the procedures and
approval process for Comparable Use Determinations.
LDC SECTIONS TO BE AMENDED
2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and
Conditional Uses
10.02.06 Requirements for Permits
10.03.06 Public Notice and Required Hearings for Land Use Petitions
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
Approval Approval Approval with Recommendation
BACKGROUND
Currently, when an applicant submits an application for a Zoning Verification Letter - Comparable Use
Determination, staff reviews the application, makes a determination on the compatibility of the proposed
use and drafts the Zoning Verification Letter (ZVL). Once the ZVL has been completed, the ZVL and
all necessary backup materials are brought before the Hearing Examiner or the Board of Zoning Appeals
(BZA) for affirmation.
This current process of generating a ZVL and then going before the Hearing Examiner or BZA for
affirmation has proven to be confusing for customers. Additionally, staff has requested that there be
standards to determine if a proposed use is comparable to the list of permitted uses within that district,
which has been added to LDC section 10.02.06 K.2.
This proposed LDC amendment removes the Comparable Use Determination process from the Zoning
Verification Letter process and provides criteria to make a comparable use determination. This will
change the process of providing the determination through a ZVL to now providing a recommendation
through a Staff Report. The Staff Report will then be reviewed for approval by the Hearing Examiner
or the Collier County Planning Commission (CCPC).
Additionally, the industrial and commercial zoning districts' list of conditional uses, allows for a
comparable use determination for permitted uses to follow the conditional use review process. This
conflicts with the other sections of the LDC and the comparable use determination process that is utilized
today. Therefore, the language that reflects a conditional use process for a permitted use has been
removed.
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16.A.7. b
Collier
co"nty
Growth Management Department
DSAC-LDR Subcommittee Recommendation
The DSAC-LDR Subcommittee recommended approval of the proposed LDC amendment, subject to
the following:
• The process of the Comparable Use Determination affirmation with the Office of the Hearing
Examiner remains in place;
• Information regarding the ability to appeal the Comparable Use Determination is provided for;
and
• Provide flexibilty in the application of the criteria within LDC section 10.02.06 K.2.
DSAC Recommendation
The DSAC recommended approval of the proposed LDC amendment, subject to the addition of "as
applicable" to the end of LDC section 10.02.06 K.2.
CCPC Recommendation
The CCPC recommended approval of the proposed LDC amendment, subject to the following:
If the Hearing Examiner decides against hearing the Comparable Use Determination, the CCPC
shall review the petition in lieu of the BCC.
2. Change proposed LDC section 10.02.06 K.1. to read: "The following Comparable Use
Determination (CUD) shall be used to determine whether a use is comparable in nature with the
list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or
PUD."
3. Change the proposed LDC section 10.02.06 K.2.b. to read: The effect of the proposed use would
have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater
than that of other permitted uses in the zoning district, overlay, or PUD.
4. Move the proposed text of LDC section 10.02.06 K.2.d. to LDC section 10.02.06 K.2.e. and
insert new language into subparagraph d. to read as follows: The proposed use shall be
compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD.
The above conditions have been incorporated into the proposed language.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational The proposed LDC amendment has been reviewed
impacts associated with this amendment. by Comprehensive Planning staff and may be
deemed consistent with the GMP
EXHIBITS: A) Amendment History and Existing PUD Standards; and B) Administrative Code
2 a
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DRAFT
Amend the LDC as follows:
Text underlined is new text to be added
Text strikethrei gh is ono text to he deleted
2.03.00 — ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL
USES
In order to carry out and implement the Collier County GMP and the purposes of this LDC, the
following zoning districts, district purposes, and applicable symbols are hereby established:
A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted afd
GRdit;m,auses contains the phrase "any other use which is comparable in nature with
the foregoing uses and is consistent with the permitted uses and purpose and intent
statement of the district" or any similar phrase which provides for a use which is not
clearly defined or described in the list of permitted and ^^r,.1409 uses , which requires
the discretion of the County Manager or designee as to whether or not it is permitted in
the district, then the determination of whether or not that use is permitted in the district
shall be made through the process outlined in LDC section 010.02.06 K.,,
i nterpretatiGnsf of this I lii'
# # # # # # # # # # # # #
2.03.03 — Commercial Zoning Districts
A. Commercial Professional and General Office District (C-1). The purpose and intent of the
commercial professional and general office district C-1 is to allow a concentration of office
type buildings and land uses that are most compatible with, and located near, residential
areas. Most C-1 commercial, professional, and general office districts are contiguous to,
or when within a PUD, will be placed in close proximity to residential areas, and, therefore,
serve as a transitional zoning district between residential areas and higher intensity
commercial zoning districts. The types of office uses permitted are those that do not have
high traffic volumes throughout the day, which extend into the evening hours. They will
have morning and evening short-term peak conditions. The market support for these office
uses should be those with a localized basis of market support as opposed to office
functions requiring inter -jurisdictional and regional market support. Because office
functions have significant employment characteristics, which are compounded when
aggregations occur, certain personal service uses shall be permitted, to provide a
convenience to office -based employment. Such convenience commercial uses shall be
made an integral part of an office building as opposed to the singular use of a building.
Housing may also be a component of this district as provided for through conditional use
approval.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-1 commercial
professional and general office district.
a. Permitted uses.
41. Any other commercial use or professional service which is
comparable in nature with the foregoing uses including those that
exclusively serve the administrative as opposed to the operational
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DRAFT Text underlined is new text to be added
Text otrikethre nh 'c ono text to he deleted
functions of a business and are associated purely with activities
conducted in an office, as determined by the Hearing Examiner or
CCPC, pursuant to LDC section 10.02.06 K.
C. Conditional uses. The following uses are permissible as conditional uses
in the (C-1) commercial professional and general office district, subject to
the standards and procedures established in LDC section 10.08.00.
16. A �i� Other 9nV Ge GGMMeFni�a WhiGh iS GOmparable iR
note ire with the fereOOiRg list Of permitted uses and GOncistent �niithhfrilifrmited and Gnciste Rt nt
the purpose and intent statement Of the district as determiner, h�ithedictrir��cdetermiRed-by
e
the beam, Of ZnniRg anneals p ors cant tO centiOn 10.08.00.
* * * * * * * * * * *
B. Commercial Convenience District (C-2). The purpose and intent of the commercial
convenience district (C-2) is to provide lands where commercial establishments may be
located to provide the small-scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that office uses
carried forward from the C-1 district will expand the traditional neighborhood size.
However, the intent of this district is that retail and service uses be of a nature that can be
economically supported by the immediate residential environs. Therefore, the uses should
allow for goods and services that households require on a daily basis, as opposed to those
goods and services that households seek for the most favorable economic price and,
therefore, require much larger trade areas. It is intended that the C-2 district implements
the Collier County GMP within those areas designated agricultural/rural; estates
neighborhood center district of the Golden Gate Master Plan; the neighborhood center
district of the Immokalee Master Plan; and the urban mixed use district of the future land
use element permitted in accordance with the Iocational criteria for commercial and the
goals, objectives, and policies as identified in the future land use element of the Collier
County GMP. The maximum density permissible in the C-2 district and the urban mixed
use land use designation shall be guided, in part, by the density rating system contained
in the future land use element of the Collier County GMP. The maximum density
permissible or permitted in a district shall not exceed the density permissible under the
density rating system.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-2 commercial
convenience district.
a. Permitted uses.
74. Any other commercial convenience er nrefessienal use which is
comparable in nature with the kG list of permitted uses and
consistent with the purpose and intent statement of the district, as
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DRAFT Text underlined is new text to be added
Text strikethre„gh is GUFF8Rt t8Xt 4e he deleted
determined by the Hearing Examiner or CCPC, pursuant to LDC
section 10.02.06 K. the beapd Of ze^,T„9--appeals., puTsuaRt to
* * * * * * * * * * * * *
C. Conditional uses. The following uses are permissible as conditional uses
in the commercial convenience district (C-2), subject to the standards and
procedures established in section 10.08.00.
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial
intermediate district (C-3) is to provide for a wider variety of goods and services intended
for areas expected to receive a higher degree of automobile traffic. The type and variety
of goods and services are those that provide an opportunity for comparison shopping,
have a trade area consisting of several neighborhoods, and are preferably located at the
intersection of two -arterial level streets. Most activity centers meet this standard. This
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts
typically aggregated in planned shopping centers. This district is not intended to permit
wholesaling type of uses, or land uses that have associated with them the need for outdoor
storage of equipment and merchandise. A mixed -use project containing a residential
component is permitted in this district subject to the criteria established herein. The C-3
district is permitted in accordance with the locational criteria for commercial and the goals,
objectives, and policies as identified in the future land use element of the Collier County
GMP. The maximum density permissible in the C-3 district and the urban mixed use land
use designation shall be guided, in part, by the density rating system contained in the
future land use element of the Collier County GMP. The maximum density permissible or
permitted in the C-3 district shall not exceed the density permissible under the density
rating system.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the commercial
intermediate district (C-3).
a. Permitted uses.
93. Any use which was permissible under the prior General Retail
Commercial (GRC) zoning district, as identified by Zoning
Ordinance adopted October 8, 1974, and which was lawfully
existing prior to the adoption of this Code.
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96. Any other intermediate commercial or pFefessie use which is
comparable in nature with the kG4)-list of permitted uses and
consistent with the purpose and intent statement of the district., as
determined by the Hearing Examiner or CCPC, pursuant to LDC
section 10.02.06 K. board Of ZORiRg appeals, pursuant to seGtuE)R
C. Conditional uses. The following uses are permissible as conditional uses
in the commercial intermediate district (C-3), subject to the standards and
procedures established in sections 4.02.02 and 10.08.00.
D. General Commercial District (C-4). The general commercial district (C-4) is intended to
provide for those types of land uses that attract large segments of the population at the
same time by virtue of scale, coupled with the type of activity. The purpose and intent of
the C-4 district is to provide the opportunity for the most diverse types of commercial
activities delivering goods and services, including entertainment and recreational
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside
storage of merchandise and equipment is prohibited, except to the extent that it is
associated with the commercial activity conducted on -site such as, but not limited to,
automobile sales, marine vessels, and the renting and leasing of equipment. Activity
centers are suitable locations for the uses permitted by the C-4 district because most
activity centers are located at the intersection of arterial roads. Therefore the uses in the
C-4 district can most be sustained by the transportation network of major roads. The C-4
district is permitted in accordance with the locational criteria for uses and the goals,
objectives, and policies as identified in the future land use element of the Collier County
GMP. The maximum density permissible or permitted in a district shall not exceed the
density permissible under the density rating system.
The following uses, as defined with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the general
commercial district (C-4).
a. Permitted uses.
142. Any other general commercial er prefessieRal use which is
comparable in nature with the fC� list of permitted uses and
consistent with the purpose and intent statement of the district., as
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determined by the Hearing Examiner or CCPC, pursuant to LDC
section 10.02.06 K.bear 9f ZE)RiRg appeals., pursutWses+�
C. Conditional uses. The following uses are permitted as conditional uses in
the general commercial district (C-4), subject to the standards and
procedures established in section 10.08.00.
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district,
the heavy commercial district (C-5) allows a range of more intensive commercial uses and
services which are generally those uses that tend to utilize outdoor space in the conduct
of the business. The C-5 district permits heavy commercial services such as full -service
automotive repair, and establishments primarily engaged in construction and specialized
trade activities such as contractor offices, plumbing, heating and air conditioning services,
and similar uses that typically have a need to store construction associated equipment
and supplies within an enclosed structure or have showrooms displaying the building
material for which they specialize. Outdoor storage yards are permitted with the
requirement that such yards are completely enclosed or opaquely screened. The C-5
district is permitted in accordance with the locational criteria for uses and the goals,
objectives, and policies as identified in the future land use element of the Collier County
GMP.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the heavy
commercial district (C-5).
a. Permitted uses.
183. Any other heavy commercial or pmfessiellial use which is
comparable in nature with the (5-1-) list of permitted uses and
consistent with the purpose and intent statement of the district, as
determined by the Hearing Examiner or CCPC, pursuant to LDC
section 10.02.06 K.beard-of zen,,n g appeals, pursuant to SeGt
ien
10.08.00.
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C. Conditional uses. The following uses are permissible as conditional
uses in the heavy commercial district (C-5), subject to the standards and
procedures established in section 10.08.00.
1 4nv other VY iol use whi Mparabl n note ire with
e�v�C$r� �e� ^�-aac-vv�� r C�mpurctpre�m�ucarc-vvrcr r
the foregoing list of permitted uses aR d consistent with the purpose
onrd intent statement of the district as determined by the heaF d of
Zoniniv anneals p irsi cant to section 10.09.00.
* * * * * * * * * * *
1'F tt tt tt 1'F 1'Y tt it it it it 1'F 1'F
2.03.04 — Industrial Zoning Districts
A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands
for manufacturing, processing, storage and warehousing, wholesaling, and distribution.
Service and commercial activities that are related to manufacturing, processing, storage
and warehousing, wholesaling, and distribution activities, as well as commercial uses
relating to automotive repair and heavy equipment sales and repair are also permissible
in the I district. The I district corresponds to and implements the industrial land use
designation on the future land use map of the Collier County GMP.
1. The following uses, as identified within the Standard Industrial Classification
Manual (1987), or as otherwise provided for within this section, are permitted as
a right, or as accessory or conditional uses within the industrial district (1).
C. Conditional uses. The following uses are permitted as conditional uses
in the industrial district (1), subject to the standards and procedures
established in section 10.08.00.
B. Business Park District (BP). The purpose and intent of the business park district (BP) is to
provide a mix of industrial uses, corporate headquarters offices and business/professional
offices which complement each other and provide convenience services for the employees
within the district; and to attract businesses that create high value added jobs. It is intended
that the BP district be designed in an attractive park -like environment, with low structural
density and large landscaped areas for both the functional use of buffering and enjoyment
by the employees of the BP district. The BP district is permitted by the urban mixed use,
urban commercial, and urban -industrial districts of the future land use element of the
Collier County GMP.
The following uses, as identified within the latest edition of the Standard Industrial
Classification Manual, or as otherwise provided for within this section, are
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permitted as of right, or as uses accessory to permitted primary or secondary uses
or are conditional uses within the business park district. E
a�
a. Permitted primary uses. One hundred percent of the total business park E
district acreage is allowed to be developed with the following uses: L)
0
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* * * * * * * * * * * * *
34. Any other use which is comparable in nature with the list of
permittedfsrge 49 uses and io etheRNioe Glean,' consistent with the
intent and purpose and intent statement of the district, as
determined by the Hearina Examiner or CCPC. Dursuant to LDC
section 10.02.06 K.
# # # # # # # # # # # # #
2.03.05 - Civic and Institutional Zoning Districts
A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate
only local, state and federally owned or leased and operated government facilities that
provide essential public services. The P district is intended to facilitate the coordination of
urban services and land uses while minimizing the potential disruption of the uses of
nearby properties.
* * * * * * * * * * * * *
4. The following uses are permitted as of right, or as accessory or conditional uses,
in the public use district (P).
a. Permitted uses.
* * * * * * * * * * * * *
14. Any other public structures and uses which are comparable in
nature with the foregoing list of permitted uses, and consistent with
the purpose and intent statement of the district, as determined by
the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06
K.
* * * * * * * * * * * * *
C. Conditional uses. The following uses are permissible as conditional uses
in the public use district (P), subject to the standards and procedures
established in section 10.08.00:
* * * * * * * * * * * * *
13. Any ether n rr i.. useswniGhh are Gemparable in nature with the r
foregoing uses.
a�
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2.03.07 — Overlay Zoning Districts
F. Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO).
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2. These regulations apply to properties north and south of Golden Gate Parkway,
starting at Santa Barbara Boulevard and extending eastward to 52nd Terrace S.W.
in Golden Gate City as measured perpendicularly from the abutting right-of-way
for a distance of approximately 3,600 feet more or less and consisting of
approximately 20.84 acres. These properties are identified on Map two (2) of the
Golden Gate Area Master Plan. Except as provided in this regulation, all other use,
dimensional, and development requirements shall be as required in the underlying
zoning categories.
a. Permitted Uses.
* * * * * * * * * * * * *
42. Any other commercial use or professiGRal servi which is
comparable in nature with the fereg A4g-list of permitted uses, and
consistent with the purpose and intent statement of the overlay, as
determined by the Hearing Examiner or CCPC, pursuant to LDC
section 10.02.06 K.
* * * * * * * * * * * * *
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
distinct subdistricts for the purpose of establishing development criteria suitable for the
unique land use needs of the Immokalee Community. The boundaries of the Immokalee
Urban Overlay District are delineated on the maps below.
* * * * * * * * * * * * *
5. Main Street Overlay Subdistrict. Special conditions for the properties identified in
the Immokalee Area Master Plan; referenced on Map 7; and further identified by
the designation "MSOSD" on the applicable official Collier County Zoning Atlas
Maps. The purpose of this designation is to encourage development and
redevelopment by enhancing and beautifying the downtown Main Street area
through flexible design and development standards.
* * * * * * * * * * * * *
e. Conditional uses.
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Conditional uses of the underlying zoning districts contained within
the subdistrict, subject to the standards and procedures
established in section 10.08.00 and as set forth below:
iii. The following conditional uses may be permitted only on
properties with frontage on North First Street, South First
Street, and North Ninth Street within the Main Street
Overlay Subdistrict:
# # # # # # # # # #
10.02.06 — Requirements for Permits
A. Generally. Any permit submitted to the County must meet the requirements for that
particular permit, as more specifically stated below.
Zoning Verification Letter.
1. A zoning verification letter may be used to verify the zoning of a property according
to the Collier County Zoning Map, the Future Land Use Map, and the Growth
Management Plan and establish the following determinations.
a. Generally. The County Manager or designee may issue a zoning
verification letter that verifies the zoning of a property. Additional
information may be requested about the subject property, including but not
limited to the following:
i. Allowable uses and development standards applicable to the
property under the LDC;
ii. Zoning of adjacent properties;
iii. Confirmation of any site development plan, conditional use, or
variance approved for the property; and
iv. The nonconforming status of the property.
b. Comparable Use The County MaRager or desigRee may
issue a wino Verifinotion letter to `Determine whether a use within a DI D
S ed nsistent-ant7-ble with the surrounding e urronding uses within the DUD. To
be ei-lenti�i� a zeninnyeFiftatTien letter shall he approved by the�hby
resolution .mot an advertised p blin heerinotiid publin he in_
E b. Non-residential Farm Building Exemption. The County Manager or
designee, in coordination with the Collier County Building Official, may
issue a zoning verification letter to establish that a non-residential farm
building and/or fence is exempt from the Florida Building Code. However,
the exemption applies to the structure and does not exempt the applicant
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from obtaining the necessary electrical, plumbing, mechanical, or gas
permits for the structure.
d- c. Administrative Fence Waiver. The County Manager or designee may issue
a zoning verification letter to approve an administrative fence waiver under
LDC section 5.03.02 F.5.a.
2. The Administrative Code shall establish the process and application submittal
requirements to obtain a zoning verification letter.
K. Comparable Use Determination.
1. The following Comparable Use Determination (CUD) shall be used to determine
whether a use is comparable in nature with the list of permitted uses, and the
purpose and intent statement of the zoning district, overlay, or PUD.
2. To be effective. the ComDarable Use Determination shall be aDDroved by the
Hearing Examiner by decision or CCPC by resolution, at an advertised public
hearing based on the following standards, as applicable:
a. The proposed use possesses similar characteristics to other permitted
uses in the zoning district, overlay, or PUD, including but not limited to the
following:
i. Operating hours;
ii. Traffic volume generated/attracted;
iii. Type of vehicles associated with the use;
iv. Number and type of required parking spaces; and
V. Business Dractices and activities.
b. The effect of the proposed use would have on neighboring properties in
relation to the noise, glare, or odor effects shall be no greater than that of
other permitted uses in the zoning district, overlay, or PUD.
C. The proposed use is consistent with the GMP, meaning the applicable
future land use designation does not specifically prohibit the proposed use,
and, where the future land use designation contains a specific list of
allowable uses, the proposed use is not omitted.
d. The proposed use shall be compatible and consistent with the other
permitted uses in the zoning district, overlay, or PUD.
e. Any additional relevant information as may be required by County Manager
or Designee.
3. The Administrative Code shall establish the process and application submittal
requirements to obtain a Comparable Use Determination.
# # # # # # # # # # # # #
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10.03.06 Public Notice and Required Hearings for Land Use Petitions
m
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O. AffirmatiOR or aApproval of a Comparable Use Determination pursuant to LDC section L)
Winn V-1 ifi tIOR Letter that allow a ReW i i that io GE)Mparable �
10.02.06 K. �e„�--�mEaT�r-Le�t��s ease J
GOMpatible, and GGRsisteRt within a DI Ili
1. The following advertised public hearings are required:
a. One CCPC 942,G or Hearing Examiner hearing. >
2. The following notice procedures are required: Q
a. Newspaper Advertisement prior to the advertised public hearing in r
accordance with F.S. § 125.66.
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16.A.7. b
Attachment A — Amendment History and PUD Language
Amendment History
• Ordinance 91-102 states within each commercial zoning district's list of permitted uses:
o C-1/T "Any other commercial use of professional services which is comparable in
nature with the foregoing uses"
o C-2 "Any other convenience commercial use which is comparable in nature with
the foregoing uses."
o C-3 "Any other general commercial use which is comparable in nature with the
foregoing uses"
o C-4 "Any other general commercial use which is comparable in nature with the
foregoing uses."
o C-5 "Any other heavy commercial use which is comparable in nature with the
foregoing uses."
• Ordinance 93-89 modified the following language:
o C-1/T "Any other commercial use or professional services which is comparable in
nature with the foregoing uses including those that exclusively serve the
administrative as opposed to the operational functions of a business, and are purely
associated with activities conducted in an office.
o C-2 "Any other convenience commercial use which is comparable in nature with
the foregoing uses including buildings for retail, service and office purposes
consistent with the permitted uses and purpose and intent statement of the district."
o C-3 "Any other general commercial use which is comparable in nature with the
foregoing uses including buildings for retail, and service and office purposes
consistent with the permitted uses and purpose and intent statement of the district."
o C-4 "Any other general commercial use which is comparable in nature with the
foregoing uses including buildings for retail, and service and office purposes
consistent with the permitted uses and purpose and intent statement of the district."
o C-5 "Any other heavy commercial use which is comparable in nature with the
foregoing uses including buildings for retail, service and office purposes consistent
with the permitted uses and intent and purpose statement of the district."
• Ordinance 2002-03 introduced language included in current LDC section 2.03.00
• Ordinance 2002-31 removed the comparable use language under the permitted uses
sections and relocated to conditional uses while also adding a reference that the
determination is made by the BZA and removed language that was introduced in the 2002-
03 ordinance, as described above.
o No clear explanation on amendment staff report as to why the change was needed
• Ordinance 2003-01 added back to the C-1 district: "Any other commercial use or
professional services which is comparable in the nature with the foregoing uses including
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16.A.7.b
Attachment A — Amendment History and PUD Language
those that exclusively serve the administrative as opposed to the operational functions of a
business and are purely associated with activities conducted in an office."
o No clear explanation on amendment staff report as to why the change was needed
Existing Standards
Existing PUDs
Mini -Triangle PUD (Ord. 18-25):
1 I. Any other principal use which is comparable in nature with the forgoing list of
permitted principal uses, as determined by the Board of Zoning Appeals or the
Hearing Examiner by the process outlined in the LDC.
Creekside Commerce Park (Ord. 18-19)
4-10. Any other use which is comparable in nature with the foregoing uses and
which the Community Development and Environmental Services
Administrator determines to be compatible.
Ford Test Center (Ord. 84-4)
G. Any other use which is compatible in nature with the foregoing uses and
which the Zoning Director determines to he compatible.
Immokalee Regional Airport (Ord. 10-07)
e. Any other use that is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA).
Kings Lake (Ord. 08-67)
(29) Any other commercial use or professional service which is comparable
in nature with the fore&oing uses, as determined by the Board_ of Zonin
AApis•
Olde Cypress PUD (00-37)
6. Any other principal use which is comparable in
nature with the foregoing uses and which the Development Services
Director determines to be compatible in the "R" District.
Orange Tree PUD (12-09)
45� Any _other principal use which is comparable in nature with the foregoing list of
permitted Rrincipal uses as determined by the Board of Zoning Appeats BZA
by the process outlined in the LDC or adopted by policy.
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Attachment 6 —Administrative Code
16.A.7.b
"L. Zoning Verification Letter — PUDComparableUse Determination
Reference LDC subsections 2.03.00 A, 10.02.06 JK, LDC Public Notice subsection 10.03.06 0, LDC
section 8.10.00 and F.S. §125.66.
Applicability A Zoning "^rifleatien I etteFComparable Use Determination may be used to make a
determination that a new use is comparable, compatible, and consistent with the list of
identified permitted and- een -dote uses in a standard zoning district, overlay, or a PUD
ordinance. Depending OR Pl1D ordinance language, ene of the folio f
consent by the Hearing Examiner wall eccur�
Pre -Application A pre -application meeting is not required.
Initiation The applicant files a "Zoning "e�catien Lette .Comparable Use Determination
Application" with the Pmix Zoning Division.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Property information, including:
• Site folio number;
• Site Address;
• Property owner's name; and
• Verification being requested.
3. A narrative statement that describes tThe determination request,and the
justification for the use by a certified land use planner or a land use attorney, and
addresses the standards within LDC section 10.02.06 K.2.
4. Additional materials may be requested by staff depending on the use and justification
provided.
5. PUD Ordinance and Development Commitment information, if applicable.
6. Electronic copies of all documents.
7. Addressing checklist.
Completeness The PlaRRiRg Zoning Division will review the application for completeness. After
and Processing submission of the completed application packet accompanied with the required fee, the
of Application applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XXPL201200000) assigned to the petition. This
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Attachment 6 —Administrative Code
16.A.7.b
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice Notification requirements are as follows. G* See Chapter 8 of the Administrative Code for
additional notice information.
1. Newspaper Advertisement: At least 15 days before the hearing in a newspaper of
general circulation. The legal advertisement shall include:
• Date, time, and location of the hearing;
• Application number and project name;
• PUD name and ordinance number;
• Proposed permitted use; and
• \A.1hetheFthe u .ill be a ed- A affir,ti e d bythe LJeaFing C..-.,ti.inelc. and
• Description of location.
Public Hearing 1. The Hearing Examiner or the CCPC shall hold at least 1 advertised public hearing.
gSee Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision maker The Hearing Examiner or the CCPC.
If the PUD ordinance language identifies the CCPC or the Planning; Director (or other
similar County staff) as the authority to determine a use is comparable, compatible, and
consistent, a Staff Report will be presented to the Hearing Examiner or the CCPC for
aooroval of the Comparable Use Determination.
Review Process The °tea Zoning Division will review the application and identify whether
additional materials are needed. Staff will prepare a Staff Report to present to the Office
of the Hearing Examiner or the CCPC for a decision.
Appeal Appeal of a Comparable Use Determination shall be pursuant to Code of Laws and
Ordinances section 250-58.
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16.A.7.c
Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190002647
ORIGIN
Growth Management
Department Staff
SUMMARY OF AMENDMENT
In accordance with F.S. Chapter 125.022, this amendment modifies
the timeframes and procedural review requirements to processing
an application for the approval of a development permit or
development order for Stewardship Receiving Areas (SRA)
Designations.
HEARING DATES LDC SECTIONS TO BE AMENDED
BCC 11-10-20 4.08.07 SRA Designation
CCPC 09-09-20
DSAC 08-05-20
DSAC-LDR 12-17-19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
Approval Approval Approval
BACKGROUND
On June 28, 2019, Chapter 2019-165 Laws of Florida was adopted and amended F.S. 125.022 "Development
Permits and Orders". The legislative change established new time limitations and review requirements for an
application for approval of a development permit or development order issued by local governments. As stipulated
in the statue, the terms "development permit" and "development order" have the same meaning under the
Community Planning, F.S.163.3164 (15) and (16), however, building permits are specifically excluded from the
new limitations and requirements. See Exhibit A below.
Currently, the application review process for a Stewardship Receiving Area (SRA) Designation is set forth in
LDC section 4.08.07 E. The SRA application requires a master plan that identifies land uses, number of dwelling
units, and leasable retail and/or office square footage. It includes a development document, reports on public
facilities impact and economic assessment, provision for school concurrency when there are residential uses, and
any SSA Designated Credits. Therefore, an SRA Designation meets the state's definition of a development permit.
The new statutory process requires, within 30 days after receiving an application for approval, the County to issue
a letter indicating all required information has been submitted and the application is deemed complete or advise
the applicant additional information is required and cite any particular areas that are deficient. If the application
is deficient, the applicant has up to 30 days to address and submit the required information. Within 180 days,
after the County has deemed the application complete, the County must act to approve, approve with conditions,
or deny the development permit for applications that require final action through a quasi-judicial hearing or public
hearing. The County may request, and the applicant can agree or not agree to waive the time limitation. In
addition, when reviewing the application, the County may not request additional information from the applicant
more than three times, unless the applicant waives the limitation in writing. Further, before the third request for
additional information is made, the County must offer a meeting with the applicant to resolve any outstanding
issues.
Because the SRA application review process must be in accordance with the requirements of F.S.125.022, this
amendment removes LDC sections 4.08.07 E.3,4,5 and 6. The proposed amendment adds text to comply with the
time limitations and procedural review requirements of F.S.125.022. This is the only LDC section that includes
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review timeframes in accordance with F.S.125.022.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no fiscal impacts associated with This LDCA may be deemed consistent with the Future
this amendment. Operational changes will Land Use Element. DW
be as required per F.S. 125.022.
EXHIBITS: A) F.S. Chapters 125.022 and 163.3164 (15) and (16).
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Amend the LDC as follows:
4.08.07-SRA Designation
E. SRA Application Review Process
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Pre -Application Conference with County Staff: Prior to the submission of a formal
application for SRA designation, the applicant shall attend a pre -application
conference with the County Manager or his designee and other county staff,
agencies, and officials involved in the review and processing of such applications
and related materials. If an SRA designation application will be filed concurrent
with an SSA application, only one pre -application conference shall be required.
This pre -application conference should address, but not be limited to, such
matters as:
a. Conformity of the proposed SRA with the goals, objectives, and policies
of the GMP;
Consideration of suitability criteria described in LDC sSection 4.08.07
A.1. and other standards of this Section;
C. SRA master plan compliance with all applicable policies of the RLSA
District Regulations, and demonstration that incompatible land uses are
directed away from FSAs, HSAs, WRAs, and Conservation Lands;
d. Assurance that applicant has acquired or will acquire sufficient
Stewardship Credits to implement the SRA uses, and;
e. Consideration of impacts, including environmental and public
infrastructure impacts.
2. Application Package Submittal., and Processing Fees, and Review. The required
number of SRA Applications and the associated processing fee shall be
submitted to the County Manager or his designee. The contents of said
application package shall be in accordance with LDC sSection 4.08.07 D. The
review and approval of the application shall be in accordance with section
125.022. Florida Statutes.
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Exhibit A — F.S. Chapters 125.022 and 163.3164 (15) and (16)
F.S. Chapter 125.022 Development permits and orders.
(1) Within 30 days after receiving an application for approval of a development permit or development
order, a county must review the application for completeness and issue a letter indicating that all required
information is submitted or specifying with particularity any areas that are deficient. If the application is
deficient, the applicant has 30 days to address the deficiencies by submitting the required additional
information. Within 120 days after the county has deemed the application complete, or 180 days for
applications that require final action through a quasi-judicial hearing or a public hearing, the county must
approve, approve with conditions, or deny the application for a development permit or development order.
Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force
majeure or other extraordinary circumstance. An approval, approval with conditions, or denial of the
application for a development permit or development order must include written findings supporting the
county's decision. The timeframes contained in this subsection do not apply in an area of critical state concern,
as designated in s. 380.0552.
(2) When reviewing an application for a development permit or development order that is certified by a
professional listed in s. 403.0877, a county may not request additional information from the applicant more
than three times, unless the applicant waives the limitation in writing. Before a third request for additional
information, the applicant must be offered a meeting to attempt to resolve outstanding issues. Except as
provided in subsection (5), if the applicant believes the request for additional information is not authorized by
ordinance, rule, statute, or other legal authority, the county, at the applicant's request, shall proceed to
process the application for approval or denial.
(3) When a county denies an application for a development permit or development order, the county shall
give written notice to the applicant. The notice must include a citation to the applicable portions of an
ordinance, rule, statute, or other legal authority for the denial of the permit or order.
(4) As used in this section, the terms "development permit" and "development order' have the same
meaning as in s. 163.3164, but do not include building permits.
(5) For any development permit application filed with the county after July 1, 2012, a county may not
require as a condition of processing or issuing a development permit or development order that an applicant
obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action
that denies the federal or state permit before the county action on the local development permit.
(6) Issuance of a development permit or development order by a county does not in any way create any
rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any
liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals
or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of
state or federal law. A county shall attach such a disclaimer to the issuance of a development permit and shall
include a permit condition that all other applicable state or federal permits be obtained before
commencement of the development.
(7) This section does not prohibit a county from providing information to an applicant regarding what
other state or federal permits may apply.
F.S. 163.3164 Community Planning Act; definitions. As used in this act:
(15) "Development order" means any order granting, denying, or granting with conditions an application for
a development permit.
(16) "Development permit" includes any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land.
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16.A.7.d
Collier
co"nty
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 right-of-way. It further allows for the temporary placement of
signage within County right-of-way.
LDC SECTIONS TO BE AMENDED
HEARING DATES 5.04.05 Temporary Events
BCC 11-10-20 5.04.06 Temporary Signs
CCPC 09-09-20 10.03.06 Public Notice and Required Hearings for Land Use Petitions
DSAC 08-05-20
DSAC-LDR 06-18-20
12-17-19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
Approval with Recommendation Approval Approval
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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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.
Additional DSAC-LDR Subcommittee Recommendations on 06-18-20:
• Consistently capitalize or use a lower case for the word "County".
o "County" is capitalized throughout the text.
• Consider changing the reference from "Fire District" to "Fire Marshall".
o No change to the text, since "Fire District" is consistent with other provisions within the LDC.
• Consider increasing the temporary sign area from 24 inches by 32 inches to 2' x 3' since it is the standard
size for sign vendors and the sign board would not be cut by 6 inches.
o The right of way permit application for the placement of temporary directional signs limits the
sign dimension to 24 inches by 32 inches. This standard has been applied since 1997. Staff has
no objection to the change since LDC section 5.06.04 F.9 allows on premise directional signs to
be no greater than 6 square feet.
• Clarify mailed notices will be sent out 15 days in advance of first advertised public hearing.
o No change to the text, since the administrative code requires all mailed notices for advertised
public hearings to be sent out 15 days in advance.
• Make the FDOT application requirements more user friendly by narrowing the applicable FDOT maps
and provide an informational check list sheet for local and collector roadways.
o Staff is currently in the process of revising the Application for Special Events form. The pertinent
FDOT Standard Plan Index sheet for state roadways, marked maps and checklist for the placement
of appropriate signage shall be included.
• The recommendations of the DSAC subcommittee members have been considered and the yellow
highlighted text represent the changes since the Board's direction.
County Attorney's Office Recommendation after CCPC recommendation of approval on 09-09-22:
• After the CCPC's recommendation of approval, the County Attorney's Office (CAO) has recommended
deleting the words "owned or maintained" when referencing County rights -of -way. An "owned" county
rights -of -way (ROW) suggests the ROW is fee simple ownership only, which may not include easements,
and "maintained" does not make sense. Additionally, the proposed amendment was revised for grammar
and consistency. The CAO's changes are not substantive amendments and provide additional clarity only.
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Growth Management Department
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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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 right -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 right-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 Right -of -Way.
a. A temporary use permit shall be required for events which take place in any
County right-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 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.
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
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designee. Any appeal from an administrative determination shall be to the
Hearing Examiner or Board of Zoning Appeals, as applicable.
f. Criteria for review:
The applicant has complied with all required criteria on the permit
application form.
ii. 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 reauested event and other aDDroved 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 generally compatible 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
flap persons, temporary detours to be utilized by the public, and all
temDorary construction or structures (staaes. 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.
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 temDorary 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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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
Countv riaht-of-wav is aDDroved and a temoorary use permit is issued in
accordance with LDC sections 5.04.05 A.5 and 5.04.06 B.1.
i. 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
Code. Such uses include, however are not limited to, study or course
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offerings, vacation camp, non-public indoor events, and sales events
occurring within the confines of an established business. U
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i. "Sign only" temporary use permits will be allowed, regulated, and N
enforced as special event signs.
ii. Time limits for "sign only" temporary use permits shall be the same Q
as those for special events, see LDC subsection 5.04.05 A.3. °
a�
b. Special event signs. a
as
i. Special event signs shall be erected not more than 15 calendar
days prior to the supporting event and shall be removed within 7 M
calendar days after the event has taken place. r
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 County right-of-way.
i.
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 2 feet by 3 feet.
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
* * * * * * * * * * * * *
Z. Events in Countv Riaht-of-Way. pursuant to LDC section 5.04.05 A.5.
8
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16.A.7.d
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DRAFT
Text underlined is new text to be added
Text strikethre nh is GurreRt text to he deleted
1. The following advertised public hearing is required:
a. One Hearing Examiner or BCC hearing.
2. The following notice procedures are required:
a. Newspaper advertisement prior to the advertised public hearing in
accordance with F.S. 125.66.
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.
# # # # # # # # # # # # #
9
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16.A.7.d
Exhibit A — Executive Summary
16,lk,20
tw2V2019
Reeomutendalion to direct staff to brim beck for a public hearing an ordinance, awcedinp lhr
Land Dcvclopmcni Cadc and the Adminisirativc Ctrdc 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 pr0cm is Fntling,
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 maintained righm—cif-way. This change would
provide staff and outside groups such a4 the Sheriffs NYke, Fire I]istricts, EMCrgertey Radical Scrviccs
Bureau of Emergency Services, and Collier County Risk-Managmwnt, the opportunity 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 fur 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 to 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 Evraminer 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 three bumnms days after the evunt eumpletion,
Packet Pg. 1522
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16.A.7.d
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 notice 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
conrrty
Limitatiimr an Ruud
C'losw s
frafF Safety
x
x
x
f,lanx-"Vtaintcnancr
ofTmf5c
Applicalion
30 alays
30 days prior
t year to 60
10 days
6 months
60 days
uhmittal L3xadlinc
I
days priar
Tuior
far "high
prior
( prior to t tivenl date)
itrtpt t:t
events" or
fk weeks
l I'i}1Ud L4{anag{TRL Rt
:itiii v:�s'ti
Y
cwrdinaltion
with Sherriflf•
S ign StandMULI
x
Public Nolice
Roquircmenta
. U16-Agency
Re%- i eWAppmval
f.'ancrllation During
Declared
Finer lies
Uministrativc
City
Approval
Council
CAoivrrs
apprDVm]
Jppruvif�l
for street
1xy Mayor
clMings
ApprAl Prurrss
x
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 51,2N-
Packet Pg. V$23
11
LALDC Amendments\Advisory Boards and Public Hearings\BCC\2020\Oct 27\Meeting Materials\LDCA 5.04.05 5.04.06 10.03.06
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Packet Pg. 530
16.A.7.d
Exhibit A — Executive Summary
I0=0I q
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 process 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)
Packet Pg. 1524
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16.A.7.d
Exhibit A — Executive Summary
l
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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, eA4comm 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 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, 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 riahts-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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16.A.7.d
Exhibit A — Executive Summary
16.A,20.a
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 talhe special errant shall
6
be permitted in the public rlght-of-way in accordance with Collier County
7
Code of Laws Sectlon 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
11
requirements for special events.
12
14
15
5. Events
in Rights -of -Way.
16
17
a.
A temporary use oermd shall' be required far events which lake place m any
18
county awned or maintained riahts-of-way.
19
20
b.
The temporary use permit application shall be submitted at least 120 days
21
prior to an extent that requires Hearing Examiner approval or &D days prior
22
Io 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 deearlmerlts.
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 Sharriffs 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.
36
37
iv- Emergency Medical Services shall determine whether anv
39
additional medical services are required.
39
40
V. Collier Counter Bureau of Emergency Services sflall determing
41
Aelher additional 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-wgy between the hours 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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16.A.7.d
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
1� iii. Adeguate support facilites are available for the event with the
20 supmit facilities including, but not being limited to, parking. refuse
21 collection, sanitation, and lighting.
22
23 Iv No conflict exists with the reauested evens and ether aporoved and
24 previously scheduled eyenta,
25
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 permits.
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 flagaersons, 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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14.docA
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16.A.7.d
Exhibit A — Executive Summary
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is
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DRAFT
# #
negatively impacts the surroundinq uses or poses a safety hazard, OF
otherwise is negativoly imeacting the safety, health or welfar$ of the
general uublic_
# # # # # # # # # # #
S."06 - refit pora ry Signs
A. A temporary use permit is required for the placement of any temporary ground sign_ snipe
sign, or banner that is not oth"se lawfully permitted. Temporary signs shall be allowed
subject t4 the restrirtigns 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 right-of-way_
i. Sign placement shall not cbslruct or impair the safe visibility,
ingress, or ogress of pedestrians and 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 -an 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.
B. 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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16.A.7.d
Exhibit A — Executive Summary
DRAFT
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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 aetivo 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 oflrerirtgs,
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 subsection 6.04.05 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.
c. 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 riehts-of-way signs.
i. Signs may display Ihg event, name, date, location and dire-cGonal
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 eracted 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.
# # # At # # # # # # # #
5
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16.A.7.d
Exhibit A — Executive Summary
t 10.03M — Public Notice and Required Hearings for Land Use Petitions
2
4
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 "urred
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 tearing 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 assGdations within one -quarter mile radius
19 irom the event-
20
21 # # # # #F # # # # # # # #
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3 16.A.7.e
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER
AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
on November 10, 2020, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government
Center, 3299 Tamiami Trail East, Naples, FL., the Board of County Commissioners (BCC) will consider the enactment
of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, 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 EXTEND THE AVAILABILITY OF THE
TRANSFER OF DEVELOPMENT RIGHTS EARLY ENTRY BONUS CREDIT FOR SENDING LANDS IN THE
RURAL FRINGE MIXED USE DISTRICT OVERLAY, TO REVISE THE PROCEDURES AND APPROVAL
PROCESS FOR COMPARABLE USE DETERMINATIONS, TO MODIFY THE TIMEFRAMES AND
PROCESS FOR REVIEW OF APPLICATIONS FOR DEVELOPMENT ORDERS IN THE STEWARDSHIP
RECEIVING AREA, TO ESTABLISH AN APPROVAL PROCESS AND DEVELOPMENT STANDARDS
FOR EVENTS WHICH TAKE PLACE IN COUNTY RIGHT-OF-WAY, 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 2.03.00 ZONING DISTRICTS;
PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES, SECTION 2.03.03 COMMERCIAL
ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC
AND INSTITUTIONAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS;
CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.08.07
SRA DESIGNATION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.05
TEMPORARY EVENTS, SECTION 5.04.06 TEMPORARY SIGNS; CHAPTER TEN - APPLICATION,
REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SECTION 10.02.06 REQUIREMENTS
FOR PERMITS, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE
PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation
of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item: The selection
of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said
material a minimum of 3 weeks prior to the respective public hearing. in any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the
public hearing. All materials used in presentations before the Board Will become a permanent part of the record.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic„the public will have
the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals
who would like to participate remotely, should register any time after the agenda is posted on the County website
which is 6 days before the meeting through the link provided on the front page of the County website at www.
colliercountvfl oov. Individuals who register will receive an email in advance of the public hearing detailing how they
can participate remotely in this meeting. For additional Information about the meeting, please call Geoffrey Willig at
252-8369 or email to Geoffrey Willis@colligrcountyfl aov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining
thereto end therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is based. .
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at
least two days prior to the meeting. Assisted listening devices for -the hearing impaired are available in the Board
of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
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