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Resolution 2022-036 RESOLUTION NO. 2022- 36 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING THE ADMINISTRATIVE CODE FOR LAND DEVELOPMENT, WHICH WAS CREATED BY ORDINANCE NO.2013-57,TO ESTABLISH A REVIEW PROCESS FOR THE LIMITED DENSITY BONUS POOL ALLOCATION; AND PROVIDING AN EFFECTIVE DATE. [PL202110001033] WHEREAS, the Board of County Commissioners adopted Ordinance No. 2013-57 on September 24, 2013 to establish an Administrative Code; and WHEREAS, Ordinance No. 2013-57 provides for the adoption of Exhibit "B", the Administrative Code for Land Development, which shall be maintained by the County Manager or designee; and WHEREAS, Ordinance No. 2013-57 also provides that amendments required to maintain the Administrative Code for Land Development shall be made by resolution adopted by the Board; and WHEREAS, the Board desires to revise the Administrative Code for Land Development, to establish a review process for the limited density bonus pool allocation as detailed in Exhibit "A" attached hereto and incorporated herein; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that the Administrative Code for Land Development, which was created by Ordinance No. 2013-57, is hereby amended as reflected in Exhibit"A" attached hereto and incorporated herein. This Resolution shall become effective on the date of adoption by the Board. [21-LDS-00150/1688146/1]7 1 of 2 12-17-21 -t1.1 THIS RESOLUTION ADOPTED by majority vote this 5 day of /CLI , 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA Ce) a, By: ' By: ,,._���► Attest as to Ct1o1nnM.n epu Cl Wil 'am J. McDaniel, Jr., Chairman signature only., Approved as to form and legality: (mot C( L eidi-F. Ashton-Cicko 1,;I' Managing Assistant County Attorney Attachments: Exhibit "A": Chapter 3, Section E, Mixed Use Project (MUP) — Public Hearing for use of Bonus Density Pool and/or other Deviations; Chapter Four, Section F — Mixed Use Project — Administrative Approval, Chapter 6, Section N, Limited Density Bonus Pool Allocation (LDBPA), Chapter 12, Acronyms [21-LDS-00150/1688146/117 2 of 2 12-17-21 Exhibit A — Administrative Code Changes Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing Chapter 3. Quasi-Judicial Procedures with a Public Hearing * * * * * * * * * * * * * E. Mixed Use Project (MUP) - Public Hearing for use of Bonus Density Pool and/or other Deviations Reference LDC sections 4.02.16 C.8, 10.02.15 and LDC Public Notice subsection 10.03.06 N. Applicability This procedure applies to a request for a mixed use project(MUP)within the Bayshore Gateway Triangle Community Redevelopment Area which seeks to utilize the Bonus Density Pool and/or other deviations. This does not include the Limited Density Pool Allocation. Eligible Property owners in the following zoning districts: Applicants 1. Bayshore Zoning Overlay Mixed Use District, Neighborhood Commercial (BZOBM1JD- NC)Subdistrict 2. Bayshore Zoning Overlay Mixed Use District,Waterfront(BZOi3MUo-W)Subdistrict 3. Gateway Triangle Zoning Mixed Use District Overlay, Mixed Use District (GTZOGTMUD-MXD)Subdistrict Pre-application A pre-application meeting is required. Initiation The applicant files a "Mixed Use Project Plan(MUP) with Deviations-Public Hearing,"with the Planning&Zoning Division. Application MUPs that require a public hearing shall follow the applicable submittal requirements of a Contents Conditional Use in Chapter 3 C. of the Administrative Code. In addition, pursuant to LDC subsection 10.02.15 A.2.,the applicant shall prepare a conceptual plan depicting mixed use development and noting all deviations. Completeness The Planning&Zoning Division will review the application for completeness. After and Processing of submission of the completed application packet accompanied with the required fee,the 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.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows: c=> See Chapter 8 of the Administrative Code for additional notice information. 1. NIM:The NIM shall be completed at least 15 days before the advertised Planning Commission hearing.The NIM shall be advertised and a mailed written notice shall be Page 1 of 9 Exhibit A — Administrative Code Changes Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time,and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location for the BZA advertisement. 4. Sign: (see format below) Posted at least 15 days before the advertised Planning Commission hearing date. PUBLIC HEARING REQUESTING MIXED USE PROJECT APPROVAL PETITION NUMBER: TO ALLOW: (Request-Sufficiently clear to describe the project) LOCATION: _ _ DATE: TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS,THIRD FLOOR,COLLIER COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA,34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BZA shall hold at least 1 advertised public hearing. Decision maker The BZA,following recommendations from both the EAC, if required, and the Planning Commission. Review Process The Planning&Zoning Division will review the application, identify whether additional materials are needed, prepare a Staff Report, and schedule a hearing date before the EAC, if required, and Planning Commission to present the petition for review. Following the recommendation by the Planning Commission,the Planning&Zoning Division will prepare an Executive Summary and schedule a hearing date before the BZA to present the petition for review. Page 2 of 9 Exhibit A — Administrative Code Changes Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing Updated Resolution 2022-### # # # # # # # # # # # # # Page 3 of 9 Exhibit A — Administrative Code Changes Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures Chapter 4. Administrative Procedures * * * * * * * * * * * * * F. Mixed Use Project - Administrative Approval Reference LDC sections 10.02.15 and 4.02.16. Applicability This procedure applies to a request for a mixed use project(MUP)within the Bayshore Gateway Triangle Community Redevelopment Area that is not seeking a Density Bonus and/or is eligible for administrative deviations pursuant to LDC subsections 10.02.15 A.1 and 10.02.15 B. Eligible Applicants Property owners in the following zoning districts: Bayshore Zoning Overlay Mixed Use District, Neighborhood Commercial (BZOBM-UD-NC)Subdistrict Bayshore Zoning Overlay Mixcd Use District, Waterfront(BZOBMUD-W) Subdistrict Gateway Triangle Zoning Mixed Use District Overlay, Mixed Use District (GTZOGTM-UD-MXD)Subdistrict. Pre-application A pre-application meeting is required. Initiation The applicant files a "Mixed Use Project Plan (MUP)—Administrative Approval" application with the Development Review Division, Application Pursuant to LDC subsection 10.02.15 A.1.b, MUPs that may be administratively approved Contents shall follow the applicable submittal requirements of a site development plan. q See Chapter 4 I. of the Administrative Code for additional information. Completeness and The Planning&Zoning Division will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the 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.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Staff Review The Development Review Division will review the application, identify whether additional Process materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 10.02.15 A.1.and 10.02.15 B. Appeals Administrative appeals shall be in accordance with the Code of Laws and Ordinances section 250-58. Page 4 of 9 Exhibit A — Administrative Code Changes Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures Updated Resolution 2022-14## Page 5 of 9 Exhibit A — Administrative Code Changes Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Chapter 6. Waivers, Exemptions, and Reductions * * * * * * * * * * * * * N. Limited Density Bonus Pool Allocation (LDBPA) Reference LDC section 4.02.16 C.and LDC section 10.03.06 R. Applicability Property Owners in the Bayshore Zoning Overlay District (BZO) and Gateway Triangle Zoning Overlay District (GTZO), which are zoned as either multi-family or mixed use, 2 contiguous acres or less are allowed to add 2 units per acre when satisfying the criteria of LDC section 4.02.16.C.10. Initiation The applicant files a "Limited Density Bonus Pool" application with the Planning&Zoning Division. Pre-Application A pre-application meeting is required. Application A limited density pool application must include the following,in addition to the Application Contents Contents and Requirements for an SDP, SDPA, or SIP. q See Chapter 4 1.2 — 1.4 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03, the engineering plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. For projects subject to LDC section 5.05.08, architectural drawings,shall be signed and sealed by a licensed architect,registered in the State of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in State of Florida. Sheet size:The site improvement plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale showing the areas affected by the amendment. The sheet must clearly show the change "clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 4.02.16.C10. 2. Submittal of a Traffic Impact Statement. 3. Demonstrated compliance with the County's access management policies. Notice Notification requirements are as follows. ' See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the first advertised hearing. 2. Newspaper Advertisement:The legal advertisement shall be published at least 15 days before each advertised hearing in a newspaper of general circulation.The advertisement shall include at a minimum: a. Date,time,and location of the hearing; Page 6 of 9 Exhibit A — Administrative Code Changes Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions b. Application number and project name; c. 2 in.x 3 in. map of project location; and d. Description of location. Public Hearing The Hearing Examiner or Planning Commission shall hold at least 1 advertised public hearing. C*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. If the petition is heard by the Planning Commission, one BZA hearing is required. Decision maker The Hearing Examiner or BZA. Review Process The Zoning Division will review the application and identify whether additional materials are needed.Staff will prepare a Staff Report utilizing the criteria established in LDC section 4.02.16 C.10.d.to present to the decision maker. Page 7 of 9 Exhibit A — Administrative Code Changes Chapter 12. Acronyms A—Rural Agricultural Zoning District FIAM—Financial Impact Analysis Module ACOE—Army Corps of Engineers FINS—Florida Interstate Highway System ACP—Agricultural Clearing Permit FLUCFCS- Land Use Cover and Forms Classification ACSC—Area of Critical State Concern System ADT—Average Daily Trips FLUE—Future Land Use Element ASI—Area of Significant Influence FLUM—Future Land Use Map BCC—Board of Collier County Commissioners FP—Final Plat BD—Boat Dock Petition FS—Florida Statutes BZO$MUD—Bayshore Zoning Overlay wive-Piked FSA—Flow way Stewardship Area Used District GC—Golf Course BP—Business Park District GGAMP—Golden Gate Area Master Plan BZA—Board of Zoning Appeals GGPPOCO- Golden Gate Pkwy Professional Office C-1—Commercial Professional General Office District Commercial Overlay District C-2—Commercial Convenience District GMP—Growth Management Plan C-3—Commercial Intermediate District GPCD—Gallons Per Capita per Day C-4—General Commercial District GT—Gopher Tortoise C-S—Heavy Commercial District GTZO—Gateway Triangle Zoning Overlay District CCME—Conservation and Coastal Management GWP—Ground Water Protection Zone Element GZO—Goodland Zoning Overlay CCPC—Collier County Planning Commission HSA—Habitat Stewardship Area CCSL(P)—Coastal Construction Setback Line (Permit) I—Industrial Zoning District CDD—Community Development District ICBSD—Immokalee Central Business Subdistrict CEB—Code Enforcement Board LDC—Land Development Code CF—Community Facility LOS—Level of Service CIE—Capital Improvement Element LPA—Local Planning Agency CIP—Capital Improvement Program LSPA—Littoral Shelf Planting Area CMO—Corridor Management Overlay M/F—Multi-family Use or Zoning C.O.—Certificate of Occupancy MH—Mobile Home CON—Conservation Zoning District MHO—Mobile Home Overlay CRD—Compact Rural Development MLW—Mean Low Water CSP—Conceptual Site Plan MPP—Manatee Protection Plan CU—Conditional Use NBMO—North Belle Meade Overlay DBH—Diameter at Breast Height NC—Neighborhood Commercial District DEO—Department of Economic Opportunity NRPA—Natural Resource Protection Area D.O.—Development Order O.C.—On Center DRI—Development of Regional Impact P—Public Use District DSWT—Dry Season Water Table PPL—Plans and Plat E—Estates Zoning District PSI—Pounds Per Square Inch EAC—Environmental Advisory Council PSP—Preliminary Subdivision Plat EIS—Environmental Impact Statement PUD—Planned Unit Development EPA—Environmental Protection Agency RSF—Residential Single-Family Districts EXP—Excavation Permit RCW—Red Cockaded Woodpecker FAC—Florida Administrative Code RFMU—Rural Fringe Mixed Use District FDEP—Florida Department of Environmental RLS—Request for Legal Service Protection RLSA(0)—Rural Lands Stewardship Area (Overlay) FDOT—Florida Department of Transportation RMF—Residential Multi-Family Districts FFWCC—Florida Fish &Wildlife Conservation RNC—Residential Neighborhood Commercial Commission Subdistrict Page 8 of 9 Exhibit A — Administrative Code Changes R.O.W.—Right of Way TCEA—Transportation Concurrency Exception Areas RSF—Residential Single-Family TCMA—Transportation Concurrency Management SBCO—Santa Barbara Commercial Overlay District Areas SBR—School Board Review TDR—Transfer of Development Rights SDP—Site Development Plan TP—Turtle Permit S/F—Single Family Use/Zoning TTRVC—Travel Trailer Recreational Vehicle SFWMD—South Florida Water Management District Campground SIP—Site Improvement Plan USFWS—United States Fish &Wildlife Service SLR—Sound Level Reduction VOB—Vehicle on the Beach Permit SRA—Stewardship Receiving Area VR—Village Residential Zoning District SSA—Stewardship Sending Area VRP—Vegetation Removal Permit ST—Special Treatment Zoning Overlay VRSFP—Vegetation Removal&Site Fill Permit ST-NAR—Special Treatment-Natural Aquifer W—Waterfront District Recharge WRA—Water Retention Area (within RLSA) SWFRPC—Southwest Florida Regional Planning Council # # # # # # # # # # # # # Page 9 of 9