DSAC-LDR Subcommittee Agenda 12/15/2020For more information please contact Jeremy Frantz at (239) 252-2305 or Jeremy.Frantz@colliercountyfl.gov
2020 Land Development
Code Amendments
- Public Meeting -
Development Services Advisory Committee -
Land Development Review Subcommittee
Tuesday, December 15, 2020
2:00 p.m. – 4:00 p.m.
2800 N. Horseshoe Dr., Naples, FL – GMD Building
Conference Room 609/610
Agenda:
1. Call to Order
2. Approve Agenda
3. Old Business
4. New Business
a. LDC Amendments
i. PL20200002482 – TDR Base Credit Change in Rural Fringe Mixed Use District
(RFMUD)
ii. PL2020000XXXX - Golf Course Conversions – Soil & Groundwater Testing
iii. PL20200002400 – Collier Blvd. I-75 Interchange Zoning Overlay (CBIIZO)
iv. PL20200002505 – Public Notice Distance – Urban & Rural Golden Gate Estates
b. Discussion of County’s LDC amendment website
c. 2021 Schedule (March 16, June 15, September 21, and December 21 )
5. Public Comments
6. Adjourn
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200002482
SUMMARY OF AMENDMENT
An amendment to LDC §2.03.07 for the Rural Fringe Mixed Use District
to eliminate the $25,000 minimum value of the TDR Base Credit.
LDC SECTION TO BE AMENDED
ORIGIN
Growth Management
Department
HEARING DATES
BCC
CCPC
DSAC
DSAC-LDR
TBD
TBD
2-3-21
12-15-20
2.03.07 Overlay Zoning Districts
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
In June 1999, the State of Florida issued a Final Order, Case ACC-99-002, determining the County’s Evaluation
and Appraisal Report-based amendments to the Growth Management Plan (GMP) were not in compliance with
State law based upon finding that included that the amendments did not provide adequate protection for listed
species and their habitat, did not prevent the premature conversion of agricultural lands to other uses, and did not
adequately curtail urban sprawl. The Final Order pertained primarily to lands designated Agricultural/Rural on
the Future Land Use Map of the GMP.
To address the Final Order for the Agricultural/Rural Lands, generally located east of Collier Boulevard and west
of Golden Gate Estates, the County developed the Rural Fringe Mixed Use District (RFMUD), adopted in 2002.
The RFMUD Program directs development away from environmentally sensitive lands (Sending Lands) to lands
that are more appropriate for development (Receiving Lands). For Sending Lands, numerous land uses were
eliminated, and density reduced. To compensate for presumed reduction in property values caused by the
elimination of uses and reduction in density, a voluntary transfer of development rights (TDR) program was
established to allow owners of Sending Lands to sever residential development rights which could then be sold
and transferred to Receiving Lands. There are four types of TDR credits, a base credit and three bonus credits
(each at a transfer ratio of 1 credit/5 acres or legal non-conforming parcel). The Board established a minimum
value of $25,000 for the base TDR credit to adequately compensate property owners.
To address the community’s general concerns about the effectiveness of the Program, the Board directed the
restudy of the Rural Fringe Mixed Use District (RFMUD) in 2015. As part of the restudy, staff conducted public
outreach, including six public workshops, a dedicated project web page, and survey. Recommendations from
those outreach efforts included the elimination of the minimum value of the Base TDR Credit. In 2016, staff
prepared a white paper detailing the assessment of the RFMUD and TDR Program, recommendations, and public
input. In 2017, staff presented the white paper to the Board at three public workshops; direction was provided to
staff to remove the minimum value of the TDR Base Credit from the RFMUD provisions. On September 25,
2018, the Board directed staff to prepare Growth Management Plan and Land Development Code amendments to
the RFMUD, including the removal of the minimum value of $25,000 for the Base TDR Credit to allow the market
to determine the value.
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FISCAL & OPERATIONAL IMPACTS
There are no fiscal or operational impacts
associated with this amendment.
GMP CONSISTENCY
The proposed LDCA is consistent with the Goals, Objective
and Policies of the Rural Fringe Mixed Use District of the
Growth Manangement Plan.
EXHIBITS: A) Rural Fringe Mixed Use District Map
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Amend the LDC as follows:
1
2.03.07 Overlay Zoning Districts 2
3
* * * * * * * * * * * * * 4
D. Special Treatment Overlay (ST). 5
* * * * * * * * * * * * * 6
4. Transfer of Development Rights (TDR). 7
* * * * * * * * * * * * * 8
f. Procedures applicable to the severance and redemption of TDR credits 9
and the generation of TDR Bonus credits from RFMU sending lands. 10
* * * * * * * * * * * * * 11
ii. In order to facilitate the County’s monitoring and regulation of the 12
TDR Program, the County shall serve as the central registry for all 13
TDR severances, transfers (sales) and redemptions, as well as 14
maintain a public listing of TDR credits available for sale along with 15
a listing of purchasers seeking TDR credits. No TDR credit 16
generated from RFMU sending lands may be utilized to increase 17
density in any area unless the following procedures are complied 18
with in full. 19
* * * * * * * * * * * * * 20
a) TDR credits shall not be used to increase density in either 21
non-RFMU Receiving Areas of RFMU receiving lands until 22
severed from RFMU sending lands. TDR credits shall be 23
deemed to be severed from RFMU sending lands at such 24
time as a TDR credit Certificate is obtained from the 25
County. TDR credit Certificates shall be issued only by the 26
County and upon submission of the following: 27
* * * * * * * * * * * * * 28
v) a statement identifying the price, or value of other 29
remuneration, paid to the owner of the RFMU 30
sending lands from which the TDR credits were 31
generated and that the value of any such 32
remuneration is at least $25,000 per TDR credit, 33
unless such owner retains ownership of the TDR 34
credits after they are severed, unless the RFMU or 35
non-RFMU receiving lands on which the TDR 36
credits will be redeemed and the RFMU sending 37
lands from which the TDR credits were generated 38
are owned by the same persons or entities or 39
affiliated persons or entities; and 40
vi) a statement attesting that the TDR credits are not 41
being severed from RFMU sending lands in 42
violation of subsection 2.03.07 D.4.c.vi.b) of the 43
Code. 44
vii) documented evidence that, if the property from 45
which TDRs are being severed is subject to a 46
mortgage, lien, or any other security interest; the 47
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mortgagee, lien holder, or holder of the security 1
interest has consented to the recordation of the 2
Limitation of Development Rights Agreement 3
required for TDR severance; transfer (sale) of TDR 4
credit; and redemption of TDR credit. 5
* * * * * * * * * * * * * 6
Exhibit A – Rural Fringe Mixed Use District Map
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL2020000XXXX
SUMMARY OF AMENDMENT
This amendment shall clarify when soil and groundwater sampling is
required in the development review process for the conversion of golf
courses to non-golf course uses.
ORIGIN
Growth Management
Department (GMD)
HEARING DATES LDC SECTION TO BE AMENDED
BCC TBD 3.08.00
5.05.15
ENVIRONMENTAL DATA REQUIREMENTS
Conversion of Golf Courses
CCPC TBD
DSAC TBD
DSAC-LDR 12/15/2020
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
Currently, LDC section 5.05.15 G.6., soil and/or groundwater sampling is required at the time of application of
for an intent to convert (ITC) a golf course to a non-golf course use. This requirement is applicable to all zoning
actions, Stewardship Receiving Area (SRA) amendments, and Compatibility Design Review petitions for
compatibility with existing surrounding uses. Additionally, LDC section 3.08.00 A.4.d.ii. requires the soil and/or
groundwater sampling to be completed at the time of the first development order submittal.
The ITC application review process is not a development order because it results in Developers Alternative
Statements, a report of the outcome of stakeholder’s outreach meetings, commitments to be included in a staff
report for a subsequent conversion application and commitments fro inclusion into the conditions of any
development order.
This amendment is intended to grant an applicant flexibility in the development review process by deferring the
required soil and/or groundwater sampling to the time of the early work authorization, site development plan
(SDP), and subdivision plat (PPL) submittal. It relocates portions of the existing LDC. section 5.05.15 G.6 to
LDC section 3.08.00 A.4.d.ii.a. In LDC section 5.05.15.G.6, the revised text maintains a cross reference to LDC
section 3.08.00 A.4.d.
For consistency, this amendment also modifies the required timing of all soil and/or groundwater sampling in LDC
section 3.08.00 A.4.d.ii to the time of the EWA, SDP, or PPL. These application types represent the first
development order when earthwork may occur.
A Companion Administrative Code amendment is required with this amendment as proposed in Exhibit A
below.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts to the County associated with this
amendment.
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff after
first review.
EXHIBITS: A) None
2
Amend the LDC as follows:
1
3.08.00 - ENVIRONMENTAL DATA REQUIREMENTS 2
3
A. Environmental Data Requirements. 4
5
* * * * * * * * * * * * * 6
7
4. Environmental Data. The following information shall be submitted, where applicable, to 8
evaluate projects. 9
10
* * * * * * * * * * * * * 11
12
d. General environmental requirements. 13
14
* * * * * * * * * * * * * 15
16
ii. Soil and/or ground water sampling shall be required at the time of first 17
development order submittal no later than time of early work authorization, 18
SDP, or PPL submittal, whichever is the first to occur, for sites that occupy farm 19
fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, 20
landfill or junkyards or for sites where hazardous products exceeding 250 21
gallons of liquid or 1,000 pounds of solids were stored or processed or where 22
hazardous wastes in excess of 220 pounds per month or 110 gallons at any 23
point in time were generated or stored. The amount of sampling and testing 24
shall be determined by a registered professional with experience in the field of 25
Environmental Site Assessment and shall at a minimum test for organochlorine 26
pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource 27
Conservation and Recovery Act (RCRA) 8 metals using Florida Department of 28
Environmental Protection (DEP) soil sampling Standard Operating Procedure 29
(SOP) FS 3000, in areas suspected of being used for mixing and at discharge 30
point of water management system. Sampling should occur randomly if no 31
points of contamination are obvious. Include a background soil analysis from 32
an undeveloped location hydraulically upgradient of the potentially 33
contaminated site. Soil sampling should occur just below the root zone, about 34
6 to 12 inches below ground surface or as otherwise agreed upon with the 35
registered professional with experience in the field of Environmental Site 36
Assessment. Include in or with the Environmental Site Assessment, the 37
acceptable State and Federal pollutant levels for the types of contamination 38
found on site and indicate in the Assessment, when the contaminants are over 39
these levels. If this analysis has been done as part of an Environmental Audit 40
then the report shall be submitted. The County shall coordinate with the DEP 41
where contamination exceeding applicable DEP standards is identified on site 42
or where an Environmental Audit or Environmental Assessment has been 43
submitted. 44
45
a) Conversion of golf courses have further soil and/or ground water sampling 46
requirements. In addition to the sampling requirements established in LDC 47
section 3.08.00 A.4.d., the applicant shall conduct soil and/or groundwater 48
sampling for the pollutants as follows: managed turf, chemical 49
storage/mixing areas, and maintenance areas (i.e. equipment storage and 50
3
washing areas, fueling and fuel storage areas) shall be tested for 1
organophosphate, carbamate, triazine pesticides, and chlorinated 2
herbicides. In addition, maintenance areas, as described above, shall be 3
tested for petroleum products. The County shall notify the Department of 4
Environmental Protection where contamination exceeding applicable 5
Department of Environmental Protection standards is identified on site or 6
where an Environmental Audit or Environmental Assessment has been 7
submitted. 8
9
* * * * * * * * * * * * * 10
# # # # # # # # # # # # # 11
12
5.05.15 - Conversion of Golf Courses 13
14
* * * * * * * * * * * * * 15
16
G. Development standards. The following are additional minimum design standards for 17
zoning actions and Stewardship Receiving Area Amendments. The Compatibility Design 18
Review process shall only be subject to LDC section 5.05.15 G.6. 19
20
* * * * * * * * * * * * * 21
22
6. Soil and/or groundwater sampling may be deferred by the applicant to early work 23
authorization, SDP, or PPL submittal, whichever is the first to occur, if the sampling 24
has not been completed by the rezoning, SRA amendment, or compatibility design 25
review public hearings. See LDC Section 3.08.00 A.4.d. In addition to the soil 26
and/or ground water sampling requirements established in LDC section 3.08.00 27
A.4.d., the applicant shall conduct soil and/or groundwater sampling for the 28
pollutants as follows: managed turf, chemical storage/mixing areas, and 29
maintenance areas (i.e. equipment storage and washing areas, fueling and fuel 30
storage areas) shall be tested for organophosphate, carbamate, triazine 31
pesticides, and chlorinated herbicides. In addition, maintenance areas, as 32
described above, shall be tested for petroleum products. The County shall notify 33
the Department of Environmental Protection where contamination exceeding 34
applicable Department of Environmental Protection standards is identified on site 35
or where an Environmental Audit or Environmental Assessment has been 36
submitted. 37
* * * * * * * * * * * * * 38
# # # # # # # # # # # # # 39
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200002400
SUMMARY OF AMENDMENT
This land development code (LDC) amendment creates the Collier
Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO), which serves
to implement the economic development goals of the Interchange Activity
Center No. 9 Innovation Zone. The CBIIZO is a new zoning overlay that
adds several industrial, manufacturing, and movie production uses as
permitted uses.
LDC SECTION TO BE AMENDED
1.08.01 Abbreviations
2.03.07 Overlay Zoning Districts
4.02.37 Specific Design Standards for Development in the Collier
Boulevard/Interstate 75 Innovation Zone Overlay (new section)
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES
BCC TBD
CCPC TBD
DSAC TBD
DSAC-LDR 12/15/2020
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
When the original Future Land Use Element (FLUE) of the Growth Management Plan was adopted in 1989, it
created the Urban Future Land Use Designation, including the Urban – Commercial District and the Activity
Center Subdistrict. The Activity Center Subdistrict included three Interchange Activity Centers—one being the
S.R. 951 – Interstate 75—which is now known as Activity Center No. 9. In May 2000, Activity Center No. 9 was
amended pursuant to the adoption of Ord. 2000-33, to allow all uses from the Business Park Subdistrict of the
FLUE. In addition, industrial uses were approved for the northeast and southeast quadrants of I-75 and Collier
Boulevard and in the southwest quadrant of Collier and Davis Boulevards. The most current map of Activity
Center No. 9 in the FLUE is depicted in Exhibit A.
On July 10, 2018, the Board established the Interchange Activity Center No. 9 Innovation Zone, pursuant to the
adoption of Ord. 2018-39 (see Exhibit B). The Innovation Zone in Ord. 2018-39 was created to promote economic
growth and diversify the economy of Collier County by attracting and retaining qualified targeted industry (QTI)
businesses as defined by Florida Statute 288.106 (see Exhibit C). The external boundary of the Innovation Zone
in Ord. 2018-39 is comprised of lands both inside and outside the Activity Center No. 9 in the FLUE. As such, a
GMP amendment (PL20190000821) is proposed as a companion item to this LDC amendment, in part, to account
for the lands outside Activity Center No. 9 in the FLUE. The companion GMP amendment will establish the
Collier Boulevard/Interstate 75 Innovation Zone Overlay by amending the Overlays and Special Features section
of the FLUE. It will include uses from the QTI (see Exhibit D).
This LDC amendment creates the CBIIZO, which serves to implement the economic development goals of the
Interchange Activity Center No. 9 Innovation Zone in Ord. 2018-39. The CBIIZO creates a new zoning overlay
that adds several industrial, manufacturing, and movie production uses as permitted uses. The external boundaries
of the CBIIZO and companion GMP amendment will be identical. The proposed uses in the CBIIZO are
consistent with the proposed uses in the companion GMP amendment and the uses listed in the Innovation Zone
in Ord. 2018-39. The manufacturing uses from the QTI include a wide variety of industries; however, the CBIIZO
is only intended to attract those businesses that utilize what are commonly referred to as “advanced
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manufacturing” techniques and business processes. Therefore, a number of performance and design standards are
included to ensure the manufacturing uses do not create impacts to the surrounding community that are
inconsistent with the built environment.
A benefit of creating the CBIIZO is to provide property owners an alternative to submitting rezoning applications,
which can be time-consuming and costly with no guarantee of approval.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
This amendment will support the Board’s
goal of economic growth in the targeted area.
The amendment will eliminate the need to
rezone some of the properties within the
overlay in order to develop any of the
proposed permitted uses, thereby potentially
reducing the time and costs associated with
development associated with these
industries.
GMP CONSISTENCY
The proposed LDC amendment is companion to GMPA.
The consistency review will be provided by
Comprehensive Planning Staff after first review.
EXHIBITS: A) Activity Center No. 9 in the FLUE; B) Ordinance 2018-39; C) Florida Statute
288.106(1-2); and D) Enterprise Florida’s QTI
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Amend the LDC as follows:
1
1.08.01 – Abbreviations 2
3
* * * * * * * * * * * * * 4
5
C-5 Heavy Commercial Districts
CBIIZO Collier Boulevard/Interstate 75 Innovation Zone Overlay
CCME Conservation and Coastal Management Element of the Growth
Management Plan
6
# # # # # # # # # # # # # 7
8
2.03.07 – Overlay Zoning Districts 9
10
* * * * * * * * * * * * * 11
12
O. Reserved. Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO) 13
14
1. Purpose. The purpose of the CBIIZO is to promote economic growth and diversify 15
the economy of Collier County by attracting and retaining qualified targeted 16
industry business as defined by Florida Statute 288.106. The CBIIZO provides for 17
additional uses, as listed below, beyond those allowed by the underlying zoning 18
districts or Planned Unit Development (PUD). 19
20
2. Applicability. The CBIIZO boundary is delineated on the map below. PUDs within 21
the CBIIZO may choose to develop according to the overlay. Development 22
standards for the CBIIZO are identified in LDC section 4.02.379. 23
24
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1
2
3. Permitted Uses. The following uses, as identified with a number from the North 3
American Industry Classification System (2017), are permissible by right, except 4
where the underlying zoning or PUD allows residential uses: 5
6
a. Administrative and Support Services (561), except the following: 7
8
i. Office Administrative Services (5611). 9
10
ii. Business Support Services (5614). 11
12
iii. Facilities Support Services (5612). 13
14
iv. Services to Buildings and Dwellings (5617). 15
16
b. Aerospace Product and Parts Manufacturing (3364). 17
18
c. Apparel manufacturing (315). 19
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1
d. Beverage Manufacturing (312), except the following: 2
3
i. Tobacco Manufacturing (3122). 4
5
e. Computer and Electronic Product Manufacturing (334). 6
7
f. Management of Companies and Enterprises (Corporate Headquarters) 8
(551). 9
10
g. Electrical Equipment, Appliance, and Component Manufacturing (335). 11
12
h. Food Manufacturing (311), except the following: 13
14
i. Animal Slaughtering and Processing (3116). 15
16
ii. Seafood Product Preparation and Packaging (3117). 17
18
iii. Retail Bakeries (311811) 19
20
i. Furniture and Related Product Manufacturing (337). 21
22
j. Machinery Manufacturing (333), except the following: 23
24
i. Mining Machinery and Equipment Manufacturing (333131). 25
26
ii. Oil and Gas Field Machinery and Equipment Manufacturing 27
(333132). 28
29
k. Medical Equipment and Supplies Manufacturing (3391). 30
31
l. Merchant Wholesalers, Durable and Nondurable Goods (423 and 424), 32
except the following: 33
34
i. Coal and Other Mineral and Ore Merchant Wholesalers (423520). 35
36
ii. Construction and Mining Machinery and Equipment Merchant 37
Wholesalers (423810). 38
39
iii. Industrial Machinery and Equipment Merchant Wholesalers 40
(423830). 41
42
iv. Lumber and Other Construction Materials Merchant Wholesalers 43
(4233). 44
45
v. Petroleum and Petroleum Products Merchant Wholesalers (4247). 46
47
m. Motion Picture, Video, and Sound Recording Industries (512). 48
49
n. News Syndicates, Libraries and Archives, and Internet Publishing and 50
Broadcasting and Web Search Portals (519). 51
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1
n. Paper Manufacturing (322), except the following: 2
3
i. Pulp, Paper, and Paperboard Mills (3221). 4
5
p. Printing and Related Support Activities (323). 6
7
q. Professional, Scientific, and Technical Services (541). 8
9
r. Publishing Industries (511). 10
11
s. Space Research and Technology (927). 12
13
t. Transportation, Warehousing, and Storage (492 and 493), except the 14
following: 15
16
i. Farm Product Warehousing and Storage (493130). 17
18
ii. Other Warehousing and Storage Facilities (493190). 19
20
u. Wholesale Electronic Markets and Agents and Brokers (425). 21
22
v. Any other use which is comparable in nature with the foregoing uses, as 23
determined by the Hearing Examiner or Board of Zoning Appeals, pursuant 24
to LDC section 10.02.06 K. 25
26
4. Conditional Uses. Unless allowed in the underlying zoning district or PUD, and 27
except where the underlying zoning or PUD allows residential uses, conditional 28
uses within this overlay shall include the following. 29
30
a. Educational Services (611430, 611512, and 611710). 31
32
b. Fabricated Metal Product Manufacturing (332). 33
34
c. Pharmaceutical and Medicine Manufacturing (3254). 35
36
d. Telecommunications (517). 37
38
e. Textile Mills (313). 39
40
f. Textile Product Mills (314). 41
42
# # # # # # # # # # # # # 43
44
4.02.37 - Specific Design Standards for Development in the Collier Boulevard/Interstate 75 45
Innovation Zone Overlay (CBIIZO) Reserved. 46
47
A. Applicability. The standards contained in this section shall apply to all development in the 48
CBIIZO, unless the proposed use is allowed in the underlying zoning district or PUD, as 49
applicable, in which case the development standards shall be according to the underlying 50
zoning district or PUD, as applicable. 51
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B. Architectural, building, and site design standards . 2
3
1. Industrial/factory buildings in the BCIIZO shall be designed in accordance with the 4
provisions of LDC section 5.05.08., excluding the exceptions, modifications, and 5
additions listed in LDC section 5.05.08 E.7.b through h. In addition, rooftop 6
mechanical equipment shall be fully screened by parapets or other methods of 7
screening and such parapets or other screening material shall not exceed 10 feet 8
in height. 9
10
2. Exterior lighting shall comply with the following standards: 11
12
a. All light fixtures shall be directed away from neighboring properties. 13
14
b. Illumination levels in the CBIIZO shall not exceed 0.5 footcandles at 15
property lines where adjacent to residential development or residentially-16
zoned property, excluding where required pursuant to LDC section 6.06.03. 17
18
3. Access shall be in accordance with the Collier County GMP. 19
20
4. The provisions of LDC section 5.05.08 F.4. shall apply, except that loading docks, 21
solid waste facilities, recycling facilities, and other services elements shall be 22
placed to the sides or rear of the building. Service function areas shall be screened 23
along rights-of-way in accordance with LDC Section 4.02.26 B., where applicable. 24
25
C. Operational Requirements. 26
27
1. All manufacturing activities shall be conducted within a fully enclosed building. 28
Activities include but are not limited to the following: 29
30
a. The use or storage of any fixed or moveable business equipment; 31
32
b. The use, storage, display, sale, offering for sale, production, or 33
consumption in any business, or by any business invitee on the premises 34
of the business, of any goods, wares, merchandise, products, or foods; or 35
36
c. The performance of any work or services. 37
38
2. No outdoor activity, including loading, unloading, maintenance, truck idling, or 39
related activity shall occur between the hours of 10:00 P.M. and 7:00 A.M. 40
41
3. No outside storage and display shall be permitted, except for the parking of 42
commercial vehicles or for when approved as part of a temporary/special event in 43
accordance with LDC section 5.04.05. 44
45
D. Environmental Requirements. 46
47
1. The use shall not emit dust, smoke, odor, or vibration that can be perceived from 48
abutting properties. 49
50
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2. No use listed in LDC section 2.03.07 O.3. shall produce noise exceeding the sound 1
level limits for Commercial or Tourist uses as set forth in the Collier County Noise 2
Control Ordinance No. 90-17, as amended. 3
4
3. Storage of hazardous waste or hazardous products, as defined by LDC section 5
1.08.02 shall include temporary secondary containment with a capacity of 110 6
percent of the stored hazardous waste or hazardous products. 7
8
4. Any discharge from industrial, commercial, or manufacturing processes to a 9
stormwater or surface water management system is prohibited. Wastewater from 10
any industrial, commercial, or manufacturing process must be contained within a 11
building or disposed of through the Collier County Water-Sewer District’s 12
wastewater collection system pursuant to the Collier County Industrial 13
Pretreatment Ordinance, (Ord. No. 2003-18, as amended). 14
15
E. Emergency Situations. 16
17
1. Collier County may, without prior notice, order the immediate termination or 18
suspension of any activity if it presents an imminent and substantial danger to 19
health and safety, the environment, or a stormwater management system. 20
21
# # # # # # # # # # # # 22
Exhibit A – Activity Center No. 9 in the FLUE
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Exhibit B – Ordinance 2018-39
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Exhibit B – Ordinance 2018-39
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Exhibit B – Ordinance 2018-39
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Exhibit B – Ordinance 2018-39
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Exhibit B – Ordinance 2018-39
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Exhibit C – Florida Statutes 288.106 (1-2)
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288.106 Tax refund program for qualified target industry businesses.—
(1) LEGISLATIVE FINDINGS AND DECLARATIONS.—The Legislature finds that
retaining and expanding existing businesses in the state, encouraging the creation of new
businesses in the state, attracting new businesses from outside the state, and generally
providing conditions favorable for the growth of target industries creates high-quality, high-wage
employment opportunities for residents of the state and strengthens the state’s economic
foundation. The Legislature also finds that incentives narrowly focused in application and scope
tend to be more effective in achieving the state’s economic development goals. The Legislature
further finds that higher-wage jobs reduce the state’s share of hidden costs, such as public
assistance and subsidized health care associated with low-wage jobs. Therefore, the
Legislature declares that it is the policy of the state to encourage the growth of higher-wage jobs
and a diverse economic base by providing state tax refunds to qualified target industry
businesses that originate or expand in the state or that relocate to the state.
(2) DEFINITIONS.—As used in this section:
(a) “Account” means the Economic Development Incentives Account within the
Economic Development Trust Fund established under s. 288.095.
(b) “Authorized local economic development agency” means a public or private entity,
including an entity defined in s. 288.075, authorized by a county or municipality to promote the
general business or industrial interests of that county or municipality.
(c) “Average private sector wage in the area” means the statewide private sector
average wage or the average of all private sector wages and salaries in the county or in the
standard metropolitan area in which the business is located.
(d) “Business” means an employing unit, as defined in s. 443.036, that is registered for
reemployment assistance purposes with the state agency providing reemployment assistance
tax collection services under an interagency agreement pursuant to s. 443.1316, or a
subcategory or division of an employing unit that is accepted by the state agency providing
reemployment assistance tax collection services as a reporting unit.
(e) “Corporate headquarters business” means an international, national, or regional
headquarters office of a multinational or multistate business enterprise or national trade
association, whether separate from or connected with other facilities used by such business.
(f) “Enterprise zone” means an area designated as an enterprise zone pursuant to s.
290.0065.
(g) “Expansion of an existing business” means the expansion of an existing Florida
business by or through additions to real and personal property, resulting in a net increase in
employment of not less than 10 percent at such business.
(h) “Fiscal year” means the fiscal year of the state.
(i) “Jobs” means full-time equivalent positions, including, but not limited to, positions
obtained from a temporary employment agency or employee leasing company or through a
union agreement or coemployment under a professional employer organization agreement, that
result directly from a project in this state. The term does not include temporary construction jobs
involved with the construction of facilities for the project or any jobs previously included in any
application for tax refunds under s. 288.1045 or this section.
Exhibit C – Florida Statutes 288.106 (1-2)
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(j) “Local financial support” means funding from local sources, public or private, that is
paid to the Economic Development Trust Fund and that is equal to 20 percent of the annual tax
refund for a qualified target industry business. A qualified target industry business may not
provide, directly or indirectly, more than 5 percent of such funding in any fiscal year. The
sources of such funding may not include, directly or indirectly, state funds appropriated from the
General Revenue Fund or any state trust fund, excluding tax revenues shared with local
governments pursuant to law.
(k) “Local financial support exemption option” means the option to exercise an
exemption from the local financial support requirement available to any applicant whose project
is located in a brownfield area, a rural city, or a rural community. Any applicant that exercises
this option is not eligible for more than 80 percent of the total tax refunds allowed such applicant
under this section.
(l) “New business” means a business that applies for a tax refund under this section
before beginning operations in this state and that is a legal entity separate from any other
commercial or industrial operations owned by the same business.
(m) “Project” means the creation of a new business or expansion of an existing
business.
(n) “Qualified target industry business” means a target industry business approved by
the department to be eligible for tax refunds under this section.
(o) “Rural city” means a city having a population of 10,000 or fewer, or a city having a
population of greater than 10,000 but fewer than 20,000 that has been determined by the
department to have economic characteristics such as, but not limited to, a significant
percentage of residents on public assistance, a significant percentage of residents with income
below the poverty level, or a significant percentage of the city’s employment base in agriculture-
related industries.
(p) “Rural community” means:
1. A county having a population of 75,000 or fewer.
2. A county having a population of 125,000 or fewer that is contiguous to a county
having a population of 75,000 or fewer.
3. A municipality within a county described in subparagraph 1. or subparagraph 2.
For purposes of this paragraph, population shall be determined in accordance with the most
recent official estimate pursuant to s. 186.901.
(q) “Target industry business” means a corporate headquarters business or any
business that is engaged in one of the target industries identified pursuant to the following
criteria developed by the department in consultation with Enterprise Florida, Inc.:
1. Future growth.—Industry forecasts should indicate strong expectation for future
growth in both employment and output, according to the most recent available data. Special
consideration should be given to businesses that export goods to, or provide services in,
international markets and businesses that replace domestic and international imports of goods
or services.
Exhibit C – Florida Statutes 288.106 (1-2)
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2. Stability.—The industry should not be subject to periodic layoffs, whether due to
seasonality or sensitivity to volatile economic variables such as weather. The industry should
also be relatively resistant to recession, so that the demand for products of this industry is not
typically subject to decline during an economic downturn.
3. High wage.—The industry should pay relatively high wages compared to statewide
or area averages.
4. Market and resource independent.—The location of industry businesses should not
be dependent on Florida markets or resources as indicated by industry analysis, except for
businesses in the renewable energy industry.
5. Industrial base diversification and strengthening.—The industry should contribute
toward expanding or diversifying the state’s or area’s economic base, as indicated by analysis
of employment and output shares compared to national and regional trends. Special
consideration should be given to industries that strengthen regional economies by adding value
to basic products or building regional industrial clusters as indicated by industry analysis.
Special consideration should also be given to the development of strong industrial clusters that
include defense and homeland security businesses.
6. Positive economic impact.—The industry is expected to have strong positive
economic impacts on or benefits to the state or regional economies. Special consideration
should be given to industries that facilitate the development of the state as a hub for domestic
and global trade and logistics.
The term does not include any business engaged in retail industry activities; any electrical utility
company as defined in s. 366.02(2); any phosphate or other solid minerals severance, mining,
or processing operation; any oil or gas exploration or production operation; or any business
subject to regulation by the Division of Hotels and Restaurants of the Department of Business
and Professional Regulation. Any business within NAICS code 5611 or 5614, office
administrative services and business support services, respectively, may be considered a target
industry business only after the local governing body and Enterprise Florida, Inc., make a
determination that the community where the business may locate has conditions affecting the
fiscal and economic viability of the local community or area, including but not limited to, factors
such as low per capita income, high unemployment, high underemployment, and a lack of year-
round stable employment opportunities, and such conditions may be improved by the location of
such a business to the community. By January 1 of every 3rd year, beginning January 1, 2011,
the department, in consultation with Enterprise Florida, Inc., economic development
organizations, the State University System, local governments, employee and employer
organizations, market analysts, and economists, shall review and, as appropriate, revise the list
of such target industries and submit the list to the Governor, the President of the Senate, and
the Speaker of the House of Representatives.
(r) “Taxable year” means taxable year as defined in s. 220.03(1)(y).
Exhibit E –
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Excerpted from: Department of Economic Opportunity’s 2019 Target Industry Update
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200002505
SUMMARY OF AMENDMENT
This amendment shall increase the written public notification distance to
property owners for land use petitions within the Rural and Urban Golden
Gate Estates of the Golden Gate Area Master Plan (GGAMP). It
implements the GGAMP and requires an amendment to the Administrative
Code regarding public notice procedures for land use petitions.
LDC SECTION TO BE AMENDED
10.03.05-Required Methods of Providing Public Notice
ORIGIN
Growth Management
Department
HEARING DATES
BCC TBD
CCPC TBD
DSAC TBD
DSAC-LDR 12/15/2020
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
TBD
DSAC
TBD
CCPC
TBD
BACKGROUND
On September 24, 2019 the Board adopted two GGAMP policies, 4.2.4 of the Rural Golden Gate Estates Sub-
Element and 3.2.4 of the Urban Golden Gate Estates Sub-Element. These policies stipulate the County shall
initiate a review of written public notification to homeowners for land use petitions in the Rural and Urban Golden
Gate Estates area in the LDC and Administrative Code. Recognizing the low density characteristics of the Urban
and Rural Golden Gate, the policies objectives are to consider increasing the notification distance with particular
attention to be given to properties located on dead-end Estates streets or avenues. Further, the GGAMP restudy
2017 white paper suggested the notice requirements be extended the length of any dead-end street or avenue where
a direct transportation or aesthetic impact can be anticipated.
Currently, mailed notices for land use petitions are sent to property owners within 500 feet of the property lines
of the subject property for areas in the urban designated area of the future land use element of the GMP and within
1,000 feet for all other areas. For the Rural and Urban Golden Gate Estates area, the mailed notice requirement
for land use petitions has been 1,000 feet from the subject property.
To evaluate different notification distances and compare the percentage of parcel notifications captured within the
prescribed areas, staff performed an analysis of four areas. The notification distances utilized were 1,000 feet,
1,500 feet, 2,000 feet and 2,500 feet from the subject properties. The four GGAMP Estates designations studied
were; the Randall Boulevard Commercial Subdistrict (56.50 acres), Wilson Blvd./Golden Gate Blvd.
Neighborhood Center (18.34 acres), Golden Gate Parkway Institutional Subdistrict (16.30 acres) and Golden Gate
Blvd/Everglades Blvd. Neighborhood Center (18.34 acres). Abutting transitional conditional use parcels, which
are areas located between an existing non-residential and residential area, were also included. All notification
distances intersect several dead-end streets or avenues which typically stop due to a perpendicular canal or
drainage flow way. Exhibit A illustrates the number and percentages of dead-end street or avenue parcels captured
by each of the notification distances.
Based on the selected areas, staff is recommending the public notification distance be extended from 1,000 feet to
2,500 feet. This notification distance had captured more the half of the parcels on dead end streets and in one case
94.8 percent of the dead-end street parcels. By adopting this notification distance, staff is able to automate the
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Public Notification 12-08-20.docx
notification to property owners without having to perform a manual review of all parcels on each intersecting
dead-end street. It shall minimize the level of effort and added expense of staff time to manually identify each
dead end street parcel outside of the increased notification distance.
FISCAL & OPERATIONAL IMPACTS
There will be an added expense to notify
additional properties by the petitioner.
GMP CONSISTENCY
To be provided by Comprehensive Planning Staff.
EXHIBITS: A) Estates Dead-End Street Parcel Notification Table
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
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Amend the LDC as follows:
10.03.05 – Required Methods of Providing Public Notice
1
This section shall establish the required methods of providing public notice. Chapter 8 of the 2
Administrative Code shall establish the public notice procedures for land use petitions. 3
4
A. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings, where 5
required, shall be held prior to the first public hearing and noticed as follows: 6
7
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 8
10.03.05 B. 9
10
2. Newspaper Advertisement prior to the NIM. 11
12
B. Mailed Notice. 13
14
1. Where required, Mailed Notice shall be sent to property owners in the 15
notification area as follows: 16
a. For areas in the urban designated area of the future land use 17
element of the Growth Management Plan notices shall be sent to 18
all property owners within 500 feet of the property lines of the 19
subject property. 20
b. For all other areas, except for the Rural and Urban Golden Gate 21
Estates subdivision area, notices shall be sent to all property 22
owners within 1,000 feet of the property lines of the subject 23
property. 24
c. For areas within the Rural and Urban Golden Gate Estates 25
subdivision area, notices shall be sent to all property owners within 26
2,500 feet of the subject property lines. 27
c. d. Notices shall also be sent to property owners and condominium and 28
civic associations whose members may be impacted by the 29
proposed land use changes and who have formally requested the 30
county to be notified. A list of such organizations must be provided 31
and maintained by the county, but the applicant must bear the 32
responsibility of insuring that all parties are notified. 33
* * * * * * * * * * * * * 34
# # # # # # # # # # # # # 35
Exhibit A – Estates Dead-End Street Parcel Notification Table
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Parcel Notification Distances By Subdistricts-Limited to Intersecting Dead End Streets 1
Data Provided by GIS/Addressing Section(11-24-20) 2
3
4
5
Exhibit A – Estates Dead-End Street Parcel Notification Table
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1
2
Exhibit A – Estates Dead-End Street Parcel Notification Table
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1
2
Exhibit A – Estates Dead-End Street Parcel Notification Table
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2
3