DSAC LDR Backup Documents 03/09/2022 DEVELOPMENT SERVICES ADVISORY COMMITTEE
LAND DEVELOPMENT REVIEW SUBCOMMITTEE
MEETING
MEETING
BACKUP DOCUMENTS
MARCH 9, 2022
Collier Co�.nty 2022 land Development
Growth Management Department p
g p Code Amendments
- Public Meeting -
Development Services Advisory Committee -
Land Development Review Subcommittee
Wednesday, March 9, 2022
3:00 p.m. — 5:00 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. PL20210000766 — Off -Site Boat Storage
ii. PL20220000207 - Comparable Use Determination (CUD) update
b. Tree Removal Permit vs. ICP/SDPi Process
5. Public Comments
6. Adjourn
For more information please contact Eric Johnson at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov
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Cotter County
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20220000207 This Land Development Code (LDC) amendment is intended to further
ORIGIN revise and clarify the procedures and approval process for Comparable Use
Board Determinations after the Board approved a similar amendment in 2020.
HEARING DATES LDC SECTION TO BE AMENDED
BCC TBD 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and
CCPC TBD Conditional Uses
DSAC TBD 2.03.03 Commercial Zoning Districts
DSAC-LDR 3/9/2022 2.03.04 Industrial Zoning Districts
2.03.05 Civic and Institutional Zoning Districts
2.03.07 Overlay Zoning Districts
10.02.06 Requirements for Permits
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
Prior to the adoption of Ord. 2020-44, an applicant requesting a Comparable Use Determiantion (CUD)
would have to first make an application for a Zoning Verification Letter (ZVL) and then have the ZVL
(and backup material) affirmed by either the Hearing Examiner or Board of Zoning Appleals. This
process was criticized by customers for being confusing and by staff for having no formal evaluation
criteria. When the Board adopted Ord. 2020-44, it changed the CUD process such that the ZVL was no
longer necessary and that staff would evaluate each application based on the new standards and provide
a Staff Report and recommendation to either the Hearing Examiner or Board of Zoning Appeals (BZA).
The LDC generally follows a "pyramid zoning" model, whereby a more intensive zoning district will
allow the same uses as a lesser intense district, but with additional uses. Staff has recognized that by
following pyramid zoning and allowing the comparable use determination for permitted uses in zoning
districts and overlays, the same determination may unintentionally be applied to other districts with
similar qualities as the subject district. The intent of this LDC amendment is written to prevent the
possibility of allowing uses when they shouldn't be in other zones with the pyramid model by removing
the comparable use determination for zoning districts and overlays. For each overlay or district,
comparable use is removed from the permitted uses and added as a conditional use. PUDs do not follow
the same zoning model, and the determination can remain for these.
A companion Administrative Code amendment is being processed with this LDC amendment.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational To be provided by Comprehensive Planning Staff
impacts associated with this amendment. after first review.
EXHIBITS: A) Changes to Administrative Code
1
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1 93. Any use which was permissible under the prior General Retail
2 Commercial (GRC) zoning district, as identified by Zoning
3 Ordinance adopted October 8, 1974, and which was lawfully
4 existing prior to the adoption of this Code.
5
6
7
8 96. Any other intermediate commercial use which is comparable in
9 nature with the list of permittcd uccc and consistent with the
10 purpose and intent statement of the district as determined by the
11 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K.
12
13 996. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014
14 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or
15 greater limitation.
16
17
18
19 c. Conditional uses. The following uses are permissible as conditional uses
20 in the commercial intermediate district (C-3), subject to the standards and
21 procedures established in sections 4.02.02 and 10.08.00.
22
23
24
25 27. Any other commercial intermediate use that is comparable in nature
26 with the foregoing list of permitted uses and consistent with the
27 purpose and intent statement of the district, as determined by the
28 Hearing Examiner or Board of Zoning Appeals.
29
30 D. General Commercial District (C-4). The general commercial district (C-4) is intended to
31 provide for those types of land uses that attract large segments of the population at the
32 same time by virtue of scale, coupled with the type of activity. The purpose and intent of
33 the C-4 district is to provide the opportunity for the most diverse types of commercial
34 activities delivering goods and services, including entertainment and recreational
35 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses
36 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside
37 storage of merchandise and equipment is prohibited, except to the extent that it is
38 associated with the commercial activity conducted on-site such as, but not limited to,
39 automobile sales, marine vessels, and the renting and leasing of equipment. Activity
40 centers are suitable locations for the uses permitted by the C-4 district because most
41 activity centers are located at the intersection of arterial roads. Therefore the uses in the
42 C-4 district can most be sustained by the transportation network of major roads. The C-4
43 district is permitted in accordance with the locational criteria for uses and the goals,
44 objectives, and policies as identified in the future land use element of the Collier County
45 GMP. The maximum density permissible or permitted in a district shall not exceed the
46 density permissible under the density rating system.
47
48 1. The following uses, as defined with a number from the Standard Industrial
49 Classification Manual (1987), or as otherwise provided for within this section are
50 permissible by right, or as accessory or conditional uses within the general
51 commercial district (C-4).
5
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17) Household audio and video equipment, and audio (3651— P
3652).
18) Jewelers' findings and materials, and lapidary work (3915). P
19) Laboratory apparatus and analytical, optical, measuring, P
and controlling instruments (3821-3829).
20) Manufacturing industries, not elsewhere classified (3999). P
21) Metalworking machinery and equipment (3546 and 3548). P
22) Miscellaneous electrical machinery, equipment, and P
supplies (3691-3692, 3695-3699).
23) Miscellaneous industrial and commercial (3593-3599). P
24) Ophthalmic goods (3851). P
25) Photographic equipment and supplies (3861). P
26) Refrigeration and service industry machinery (3581— P
3582, 3586-3589).
27) Search, detection, navigation, guidance, aeronautical, and P
nautical systems and instruments (3812).
28) Special industry machinery, except metalworking (3552- P
3559).
29) Surgical, medical, and dental instruments and supplies P
(3841-3845).
30) Transportation equipment, not elsewhere classified (3799). P
31) Watches, clocks, clockwork operated devices, and parts P
(3873).
32) Any other Economic Development use which is R CU CU
comparable in nature with the list of permitted uses contained
herein and consistent with the purpose and intent statement of
the GGPOD as determined by the Hearing Examiner or Board
of Zoning Appeals, pursuant to LDC section 10.02.06.
1
2 Notes:
3 1 See LDC section 2.03.07 F.6. for specific prohibitions in the GGPOD.
4 2 See LDC section 4.02.26 B.14. for pollution control standards.
5 3 See LDC section 4.02.26 C. for design standards specific to Economic Development uses.
6 4 Vertical mixed use developments shall be permitted uses.
7
8
9
10 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with
11 distinct subdistricts for the purpose of establishing development criteria suitable for the
11
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1 unique land use needs of the Immokalee Community. The boundaries of the Immokalee
2 Urban Overlay District are delineated on the maps below.
3
4 * * * * * * * * * * * * *
5
6 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in the
7 Immokalee Area Master Plan; referenced on Map 7; and further identified by the
8 designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. The
9 purpose of this designation is to encourage development and redevelopment by
10 enhancing and beautifying the downtown Main Street area through flexible design and
11 development standards.
12
13 * * * * * * * * * * * * *
14
15 e. Conditional uses.
16
17 1. Conditional uses of the underlying zoning districts contained within
18 the subdistrict, subject to the standards and procedures
19 established in LDC section 10.08.00 and as set forth below:
20
21 * * * * * * * * * * * * *
22
23 iii. The following conditional uses may be permitted only on
24 properties with frontage on North First Street, South First
25 Street, and North Ninth Street within the Main Street
26 Overlay Subdistrict:
27
28 * * * * * * * * * * * * *
29
30 j. Any other heavy commercial use which is
31 comparable in nature with the foregoing uses and is
32 deemed consistent with the intent of this Subdistrict,
33 as determined by the Hearing Examiner or Board of
34 Zoning Appeals.
35
36 * * * * * * * * * * * * *
37 # # # # # # # # # # # # #
38
39 10.02.06—Requirements for Permits
40
41 A. Generally. Any permit submitted to the County must meet the requirements for that
42 particular permit, as more specifically stated below.
43
44 * * * * * * * * * * * * *
45
46 K. Comparable Use Determination.
47
48 1. The following Comparable Use Determination (CUD) shall be used to determine
49 whether a use is comparable in nature with the list of permitted uses of the PUD
50 and consistent with its purpose and intent, and the purpose and intent statement
51 of the zoning district, overlay, or PUD.
12
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 I Quasi-Judicial Procedures with a Public Hearing
L. Comparable Use Determination
Reference LDC sections 2.03.00 A, 10.02.06 K, LDC Public Notice section 10.03.06 0, LDC section
8.10.00 and F.S.§125.66.
Applicability A Comparable Use Determination may be used to make a determination that a new use
is comparable, compatible, and consistent with the list of identified permitted uses in a
standard zoning district,overlay,or a PUD ordinance.
Pre-Application A pre-application meeting is not required.
Initiation The applicant files a"Comparable Use Determination Application"with the Zoning
Division.
?See Chapter 1 D.for additional information regarding the procedural steps for initiating
an application.
Application The application must include the following:
Contents 1. Applicant contact information.
2. Property information,including:
• a. Site folio number;
• b. Site Address;
• c. Property owner's name;and
• d. Verification being requested.
3. A narrative statement that describes the determination request,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.
8. Affidavit of Authorization.
9. Property Ownership Disclosure Form.
Completeness The Zoning Division will review the application for completeness. After submission of the
and pleted pli atio cket ed with tho e d fe the pli nt will
of-Application _ _mile d o elect. r __ __ t f g the p Jim nt that th etit g
processed. Accompanying that response will be a receipt for the payment and the.
tracking number (i.e., XXPL201200000) assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code
for additional notice information.
14
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Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 I Quasi-Judicial Procedures with a Public Hearing
1. Newspaper Advertisement:At least 15 days before the hearing in a newspaper of
general circulation.The legal advertisement shall include:
• a. Date,time, and location of the hearing;
• b. Application number and project name;
• c. PUD name and ordinance number;
• d. Proposed permitted use; and
• e. Description of location.
Public Hearing 4,The Hearing Examiner or the CCPC BZA shall hold at least 1 advertised public hearing.
<*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner
procedures.
Decision Maker The Hearing Examiner or the CCPC BZA.
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
approval of the Comparable Use Determination.
Review Process The 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
Updated Resolution 2020 203 2022-##
15
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