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Agenda 08/18/2022 (5:05PM) Collier County Planning Commission Page 1 Printed 8/10/2022 COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 August 18, 2022 5: 05 PM Edwin Fryer- Chairman Karen Homiak - Vice-Chair Karl Fry- Secretary Christopher Vernon Paul Shea, Environmental Joseph Schmitt, Environmental Robert Klucik, Jr. Amy Lockhart, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and 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 to be based. August 2022 Collier County Planning Commission Page 2 Printed 8/10/2022 1. Pledge of Allegiance 2. Roll Call By Secretary 3. Public Hearings A. Advertised 1. PL20220000207 - LDCA -Comparable Use Determination - 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, that revises the procedures and approval process for Comparable Use Determinations within zoning districts and requires conditional use or minor conditional use approval in addition to a Comparable Use Determination in all zoning districts except for Planned Unit Development zoning districts that expressly provide for Comparable Use Determinations, 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, and Section 2.03.09 Open Space Zoning Districts; and Chapter Ten Application, Review, and Decision-Making Procedures, including Section 10.02.06 Requirements for Permits; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric Johnson, Planning Manager] 2. PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated) - 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, that adds off-site boat yards and the dry storage of boats, boat trailers, trailered vessels, and other related vehicles, in connection with a marina or a public boat ramp, subject to LDC section 5.05.02 G. and limited to the Port of the Islands as a conditional use in the General Commercial District (C-4) and supplemental development standards, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses, including section 2.03.03 - Commercial Zoning Districts; and Chapter 5 Supplemental Standards, including section 5.05.02 - Marinas; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric Johnson, Planning Manager] 4. Public Comment 5. Adjourn 08/18/2022 COLLIER COUNTY Collier County Planning Commission Item Number: 3.A.1 Item Summary: PL20220000207 - LDCA -Comparable Use Determination - 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, that revises the procedures and approval process for Comparable Use Determinations within zoning districts and requires conditional use or minor conditional use approval in addition to a Comparable Use Determination in all zoning districts except for Planned Unit Development zoning districts that expressly provide for Comparable Use Determinations, 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, and Section 2.03.09 Open Space Zoning Districts; and Chapter Ten Application, Review, and Decision-Making Procedures, including Section 10.02.06 Requirements for Permits; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric Johnson, Planning Manager] Meeting Date: 08/18/2022 Prepared by: Title: Planner, Principal – Zoning Name: Eric Johnson 07/21/2022 3:45 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 07/21/2022 3:45 PM Approved By: Review: Planning Commission Diane Lynch Review item Completed 07/26/2022 5:02 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 07/27/2022 9:58 AM Zoning Mike Bosi Additional Reviewer Completed 07/27/2022 10:42 AM Growth Management Department James C French GMD Deputy Dept Head Completed 08/02/2022 4:19 PM Planning Commission Ray Bellows Meeting Pending 08/18/2022 5:05 PM 3.A.1 Packet Pg. 3 1 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18-2022).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20220000207 SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment is intended to revise and clarify the procedures and approval process for Comparable Use Determinations within zoning districts and to require Conditional Uses in addition to Comparable Use Determinations in all zoning districts except for Planned Unit Development zoning districts that expressly provide for other comparable uses. ORIGIN Board of County Commissioners (Board) HEARING DATES LDC SECTIONS TO BE AMENDED BCC TBD 2.03.00 2.03.03 2.03.04 2.03.05 2.03.07 2.03.09 10.02.06 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses Commercial Zoning Districts Industrial Zoning Districts Civic and Institutional Zoning Districts Overlay Zoning Districts Open Space Zoning Districts Requirements for Permits CCPC 8/18/2022 DSAC 5/4/2022 DSAC-LDR 3/9/2022 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with recommendations DSAC Approval CCPC TBD BACKGROUND: Prior to the adoption of Ordinance 2020-44, an applicant requesting a Comparable Use Determination (CUD) would file an application for a Zoning Verification Letter (ZVL) and then have the ZVL (including backup material) affirmed by either the Hearing Examiner (HEX) or Board of Zoning Appeals (BZA). This process was criticized by customers for being confusing and by staff for having no formal evaluation criteria. When the Board adopted Ordinance 2020-44, the CUD process was changed to eliminate the ZVL. Staff now evaluates each application based on the new standards and provides a written Staff Report with a recommendation to either the HEX or BZA. The CUD process is currently connected to the list of permitted uses in the Commercial Zoning Districts (C-1 through C-5), Business Park (BP), Public Use (P), Golden Gate Parkway Overlay District (GGPOD), and the Planned Unit Development district (PUD), when such PUD contains specific provisions within its respective ordinance. The Bayshore Zoning Overlay District (BZO) and the Gateway Triangle Zoning Overlay District (GTZO), formerly known as the Bayshore Mixed Use District (BMUD) and the Gateway Triangle Mixed Use District (GTMUD), also contain provisions allowing the County Manager to make a final determination as to whether a particular use, which is unlisted in the Table of Uses, is within the same class of uses as a listed use. This provision was est ablished by Ordinance 2012-39 and overlooked in the formation of the recent updates to the CUD process. This proposed LDC amendment shall delete these provisions. The C-1 through C-5 zoning districts also contain a provision allowing for other permitted commercial uses and professional services to be considered comparable. This provision shall be revised, so that only uses which exclusively serve the administrative functions of a business shall be permitted. This change is appropriate, because those 3.A.1.a Packet Pg. 4 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) 2 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18-2022).docx commercial uses and professional services that are purely associated with activities conducted in an office are permitted throughout all these commercial zoning classifications. On October 12, 2021, the Board directed staff to bring back an LDC amendment emph asizing the need for having the conditional use process be applied to CUDs. It was the Board’s concern that comparable uses should be examined for comparability, compatibility, and consistency on a site-specific basis only and not applied uniformly to all areas within the County sharing the same zoning district or to other zoning classifications having higher intensities. As such, this LDC amendment shall clear any confusion or the misapplication of the scope of a CUD, so that each request is restricted to a site-specific location (e.g., lot, parcel, tract of land, etc.) and correct any unintended consequence of expanding the CUD process beyond for which the Board intends. It shall also authorize a CUD for whenever there is a list of permitted uses. As proposed, the CUD process shall be combined with the conditional use provisions of LDC section 10.08.00 for all zoning classifications, except for when a PUD explicitly contains the provision, “any other use which is comparable in nature with foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district” or any similar phase that provides for a comparable use which is not clearly defined or described in the list of permitted uses and requires the discretion of the County Manager or their designee. In this instance, only the procedures and standards of LDC section 10.02.06 K. shall apply. Unlike other zoning classifications, PUDs are different because they are planned developments under unified ownership or control, limited to their legal boundaries at a specific location in the County, and contain a tailored list of allowable uses and development standards. The CUD would ultimately be decided by either the HEX or BZA, depending on the scope of the application. The conditional use provisions of LDC section 10.08.00 allow for the hearing bodies to place special conditions on each request, as deemed appropriate, to ensure the application will not adversely affect the public and the surrounding properties. A companion amendment to the Administrative Code will establish in Chapter 3, a new subsection C.4, “Conditional Use-Comparable Use Determination (CU-CUD)” and modify Chapter 3. L to read “Comparable Use Determination in PUDs (PUD-CUD).” DSAC-LDR Subcommittee Recommendations The subcommittee unanimously recommended approval on March 9, 2022, with two caveats: that staff will look at all the overlay districts and see if any others need to be changed in accordance with these measures and to clarify the narrative’s background section in terms of how the system of allowed comparable uses in zoning districts is described. The narrative has been revised and all overlay zoning districts are included in the amendment. FISCAL & OPERATIONAL IMPACTS The CU-CUD application fee shall be charged the same fee as for a Conditional Use Permit at $4,000. For a PUD-CUD application, the fee remains the same at $1,000 and $100 per hour as needed upon completion of staff’s review and research and provided a Conditional Use Permit is not required. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Administrative Code Chapters 3 C.4. and 3 L. 3.A.1.a Packet Pg. 5 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx Amend the LDC as follows: 1 2.03.00 – ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL 2 USES 3 4 In order to carry out and implement the Collier County GMP and the purposes of this LDC, the 5 following zoning districts, district purposes, and applicable symbols are hereby established: 6 7 A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted uses 8 contains the phrase "any other use which is comparable in nature with the foregoing 9 uses and is consistent with the permitted uses and purpose and intent statement of 10 the district" or any similar phrase which provides for a use which is not clearly defined 11 or described in the list of permitted uses, which requires the discretion of the County 12 Manager or designee as to whether or not it is permitted in the district, then the 13 determination of whether or not that use is permitted in the district shall be made 14 through the process outlined in LDC section 10.02.06 K it may be determined through 15 the process outlined in LDC section 10.02.06 K. that a use not listed or clearly defined 16 in the list of permitted uses of a zoning district is comparable in nature to a use that 17 is a permitted use in that respective zoning district. 18 19 * * * * * * * * * * * * * 20 # # # # # # # # # # # # # 21 22 2.03.03 – Commercial Zoning Districts 23 24 A. Commercial Professional and General Office District (C-1). The purpose and intent of the 25 commercial professional and general office district C-1 is to allow a concentration of office 26 type buildings and land uses that are most compatible with, and located near, residential 27 areas. Most C-1 commercial, professional, and general office districts are contiguous to, 28 or when within a PUD, will be placed in close proximity to residential areas, and, therefore, 29 serve as a transitional zoning district between residential areas and higher intensity 30 commercial zoning districts. The types of office uses permitted are those that do not have 31 high traffic volumes throughout the day, which extend into the evening hours. They will 32 have morning and evening short-term peak conditions. The market support for these office 33 uses should be those with a localized basis of market support as opposed to office 34 functions requiring inter-jurisdictional and regional market support. Because office 35 functions have significant employment characteristics, which are compounded when 36 aggregations occur, certain personal service uses shall be permitted, to provide a 37 convenience to office-based employment. Such convenience commercial uses shall be 38 made an integral part of an office building as opposed to the singular use of a building. 39 Housing may also be a component of this district as provided for through conditional use 40 approval. 41 42 1. The following uses, as identified with a number from the Standard Industrial 43 Classification Manual (1987), or as otherwise provided for within this section are 44 permissible by right, or as accessory or conditional uses within the C-1 commercial 45 professional and general office district. 46 47 a. Permitted uses. 48 49 3.A.1.a Packet Pg. 6 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx * * * * * * * * * * * * * 1 2 41. Any other commercial use or professional service which is 3 comparable in nature with the foregoing uses including those that 4 exclusively serves the administrative as opposed to the operational 5 functions of a business and are is associated purely with activities 6 conducted in an office, as determined by the Hearing Examiner or 7 CCPC, pursuant to LDC section 10.02.06 K. 8 9 * * * * * * * * * * * * * 10 11 B. Commercial Convenience District (C-2). The purpose and intent of the commercial 12 convenience district (C-2) is to provide lands where commercial establishments may be 13 located to provide the small-scale shopping and personal needs of the surrounding 14 residential land uses within convenient travel distance except to the extent that office uses 15 carried forward from the C-1 district will expand the traditional neighborhood size. 16 However, the intent of this district is that retail and service uses be of a nature that can be 17 economically supported by the immediate residential environs. Therefore, the uses should 18 allow for goods and services that households require on a daily basis, as opposed to those 19 goods and services that households seek for the most favorable economic price and, 20 therefore, require much larger trade areas. It is intended that the C-2 district implements 21 the Collier County GMP within those areas designated agricultural/rural; estates 22 neighborhood center district of the Golden Gate Master Plan; the neighborhood center 23 district of the Immokalee Master Plan; and the urban mixed use district of the future land 24 use element permitted in accordance with the locational criteria for commercial and the 25 goals, objectives, and policies as identified in the future land use element of the Collier 26 County GMP. The maximum density permissible in the C-2 district and the urban mixed 27 use land use designation shall be guided, in part, by the density rating system contained 28 in the future land use element of the Collier County GMP. The maximum density 29 permissible or permitted in a district shall not exceed the density permissible under the 30 density rating system. 31 32 1. The following uses, as identified with a number from the Standard Industrial 33 Classification Manual (1987), or as otherwise provided for within this section are 34 permissible by right, or as accessory or conditional uses within the C-2 commercial 35 convenience district. 36 37 a. Permitted uses. 38 39 * * * * * * * * * * * * * 40 41 73. Any other commercial use or professional services which is 42 comparable in nature with the foregoing uses including those that 43 exclusively serves the administrative as opposed to the operational 44 functions of a business and are is associated purely with activities 45 conducted in an office. 46 47 74. Any other commercial convenience use which is comparable in 48 nature with the list of permitted uses and consistent with the 49 purpose and intent statement of the district, as determined by the 50 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 51 3.A.1.a Packet Pg. 7 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx 1 75.74. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 2 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or 3 greater limitation. 4 5 * * * * * * * * * * * * * 6 7 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 8 intermediate district (C-3) is to provide for a wider variety of goods and services intended 9 for areas expected to receive a higher degree of automobile traffic. The type and variety 10 of goods and services are those that provide an opportunity for comparison shopping, 11 have a trade area consisting of several neighborhoods, and are preferably located at the 12 intersection of two-arterial level streets. Most activity centers meet this standard. This 13 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts 14 typically aggregated in planned shopping centers. This district is not intended to permit 15 wholesaling type of uses, or land uses that have associated with them the need for outdoor 16 storage of equipment and merchandise. A mixed-use project containing a residential 17 component is permitted in this district subject to the criteria established herein. The C -3 18 district is permitted in accordance with the locational criteria for commercial and the goals, 19 objectives, and policies as identified in the future land use element of the Collier County 20 GMP. The maximum density permissible in the C-3 district and the urban mixed use land 21 use designation shall be guided, in part, by the density rating system contained in the 22 future land use element of the Collier County GMP. The maximum density permissible or 23 permitted in the C-3 district shall not exceed the density permissible under the density 24 rating system. 25 26 1. The following uses, as identified with a number from the Standard Industrial 27 Classification Manual (1987), or as otherwise provided for within this section are 28 permissible by right, or as accessory or conditional uses within the commercial 29 intermediate district (C-3). 30 31 a. Permitted uses. 32 33 * * * * * * * * * * * * * 34 35 93. Any use which was permissible under the prior General Retail 36 Commercial (GRC) zoning district, as identified by Zoning 37 Ordinance adopted October 8, 1974, and which was lawfully 38 existing prior to the adoption of this Code. 39 40 * * * * * * * * * * * * * 41 42 95. Any other commercial use or professional services which is 43 comparable in nature with the foregoing uses including those that 44 exclusively serves the administrative as opposed to the operational 45 functions of a business and are is associated purely with activities 46 conducted in an office. 47 48 96. Any other intermediate commercial use which is comparable in 49 nature with the list of permitted uses and consistent with the 50 3.A.1.a Packet Pg. 8 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx purpose and intent statement of the district, as determined by the 1 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 2 3 97.96. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 4 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or 5 greater limitation. 6 7 * * * * * * * * * * * * * 8 9 D. General Commercial District (C-4). The general commercial district (C-4) is intended to 10 provide for those types of land uses that attract large segments of the population at the 11 same time by virtue of scale, coupled with the type of activity. The purpose a nd intent of 12 the C-4 district is to provide the opportunity for the most diverse types of commercial 13 activities delivering goods and services, including entertainment and recreational 14 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 15 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 16 storage of merchandise and equipment is prohibited, except to the extent that it is 17 associated with the commercial activity conducted on -site such as, but not limited to, 18 automobile sales, marine vessels, and the renting and leasing of equipment. Activity 19 centers are suitable locations for the uses permitted by the C-4 district because most 20 activity centers are located at the intersection of arterial roads. Therefore the uses in the 21 C-4 district can most be sustained by the transportation network of major roads. The C-4 22 district is permitted in accordance with the locational criteria for uses and the goals, 23 objectives, and policies as identified in the future land use element of the Collier County 24 GMP. The maximum density permissible or permitted in a district shall not exceed the 25 density permissible under the density rating system. 26 27 1. The following uses, as defined with a number from the Standard Industrial 28 Classification Manual (1987), or as otherwise provided for within this section are 29 permissible by right, or as accessory or conditional uses within the general 30 commercial district (C-4). 31 32 a. Permitted uses. 33 34 * * * * * * * * * * * * * 35 36 141. Any other commercial use or professional services which is 37 comparable in nature with the foregoing uses including those that 38 exclusively serves the administrative as opposed to the operational 39 functions of a business and are is purely associated with activities 40 conducted in an office. 41 42 142. Any other general commercial use which is comparable in nature 43 with the list of permitted uses and consistent with the purpose and 44 intent statement of the district, as determined by the Hearing 45 Examiner or CCPC, pursuant to LDC section 10.02.06 K. 46 47 * * * * * * * * * * * * * 48 49 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, 50 the heavy commercial district (C-5) allows a range of more intensive commercial uses and 51 3.A.1.a Packet Pg. 9 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx services which are generally those uses that tend to utilize outdoor space in the conduct 1 of the business. The C-5 district permits heavy commercial services such as full -service 2 automotive repair, and establishments primarily engaged in construction and speci alized 3 trade activities such as contractor offices, plumbing, heating and air conditioning services, 4 and similar uses that typically have a need to store construction associated equipment 5 and supplies within an enclosed structure or have showrooms displayi ng the building 6 material for which they spt6ecialize. Outdoor storage yards are permitted with the 7 requirement that such yards are completely enclosed or opaquely screened. The C -5 8 district is permitted in accordance with the locational criteria for uses and the goals, 9 objectives, and policies as identified in the future land use element of the Collier County 10 GMP. 11 12 1. The following uses, as identified with a number from the Standard Industrial 13 Classification Manual (1987), or as otherwise provided for within this section are 14 permissible by right, or as accessory or conditional uses within the heavy 15 commercial district (C-5). 16 17 a. Permitted uses. 18 19 * * * * * * * * * * * * * 20 21 182. Any other commercial use or professional services which is 22 comparable in nature with the foregoing uses including those that 23 exclusively serves the administrative as opposed to the operational 24 functions of a business and are is purely associated with activities 25 conducted in an office. 26 27 183. Any other heavy commercial use which is comparable in nature with 28 the list of permitted uses and consistent with the purpose and intent 29 statement of the district, as determined by the Hearing Examiner or 30 CCPC, pursuant to LDC section 10.02.06 K. 31 32 * * * * * * * * * * * * * 33 # # # # # # # # # # # # # 34 35 2.03.04 – Industrial Zoning Districts 36 37 * * * * * * * * * * * * * 38 39 B. Business Park District (BP). The purpose and intent of the business park district (BP) is to 40 provide a mix of industrial uses, corporate headquarters offices and business/professional 41 offices which complement each other and provide convenience services for the employees 42 within the district; and to attract businesses that create high value added jobs. It is intended 43 that the BP district be designed in an attractive park-like environment, with low structural 44 density and large landscaped areas for both the functional use of buffering and enjoyment 45 by the employees of the BP district. The BP district is permitted by the urban mixed use, 46 urban commercial, and urban-industrial districts of the future land use element of the 47 Collier County GMP. 48 49 1. The following uses, as identified within the latest edition of the Standard Industrial 50 Classification Manual, or as otherwise provided for within this section, are 51 3.A.1.a Packet Pg. 10 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx permitted as of right, or as uses accessory to permitted primary or secondary uses 1 or are conditional uses within the business park district. 2 3 a. Permitted primary uses. One hundred percent of the total business park 4 district acreage is allowed to be developed with the following uses: 5 6 * * * * * * * * * * * * * 7 8 34. Any other use which is comparable in nature with the list of 9 permitted uses and consistent with the purpose and intent 10 statement of the district, as determined by the Hearing Examiner or 11 CCPC, pursuant to LDC section 10.02.06 K. 12 13 * * * * * * * * * * * * * 14 # # # # # # # # # # # # # 15 16 2.03.05 - Civic and Institutional Zoning Districts 17 18 A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate 19 only local, state and federally owned or leased and operated government facilities that 20 provide essential public services. The P district is intended to facilitate the coordination of 21 urban services and land uses while minimizing the potential disruption of the uses of 22 nearby properties. 23 24 * * * * * * * * * * * * * 25 26 4. The following uses are permitted as of right, or as accessory or conditional uses, 27 in the public use district (P). 28 29 a. Permitted uses. 30 31 * * * * * * * * * * * * * 32 33 14. Any other public structures and uses which are comparable in 34 nature with the list of permitted uses, and consistent with the 35 purpose and intent statement of the district, as determined by the 36 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 37 38 * * * * * * * * * * * * * 39 # # # # # # # # # # # # # 40 41 2.03.07 – Overlay Zoning Districts 42 43 * * * * * * * * * * * * * 44 45 F. Golden Gate Parkway Overlay District (GGPOD). 46 47 * * * * * * * * * * * * * 48 49 5. Table of Uses. 50 51 3.A.1.a Packet Pg. 11 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx * * * * * * * * * * * * * 1 2 b. Table 1. 3 Use Category Mixed Use Activity Center Subdistrict (GGPOD- AC)1 Downtown Center Commercial Subdistrict (GGPOD- DT)1 Residential Uses 1) Artist village. P P 2) Dwelling, Multi-Family, including townhouses. P P 3) Live-work units. P P 4) Any use listed as permitted in the underlying zoning. P P 5) Any use listed as a conditional use in the underlying zoning district. CU CU Commercial Uses2 1) Any use listed as permitted in the underlying zoning district. P P 2) Any use listed as a conditional use in the underlying zoning district. CU CU 3) Any use listed as a permitted use in any of the C-1, C-2, or C-3 zoning districts, without size limitations. P P 4) Any use listed as a conditional use in any of the C-1, C-2, or C-3 zoning districts, without size limitations. P CU4 5) Any use listed as a permitted use in the C-4 or C-5 zoning districts. P 6) Any use listed as a conditional use in the C-4 or C-5 zoning districts. CU4 7) Hotels and motels (7011, 7021, and 7041). P P Economic Development Uses2, 3 1) Aircraft and parts (3721—3728). P 2) Beverages (2082—2087). P 3) Communications equipment (3661—3669). P 4) Computer and office equipment (3571—3579). P 5) Construction, mining, and materials handling (3531, 3534- 3537). P 3.A.1.a Packet Pg. 12 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx 6) Dental laboratories (8072). P 7) Drugs (2833—2836). P 8) Electrical industrial apparatus (3621—3629). P 9) Electric lighting and wiring equipment (3641—3646, 3648). P 10) Electric transmission and distribution equipment (3612- 3613). P 11) Electronic components and accessories (3671—3679). P 12) Engines and turbines (3511—3519). P 13) Farm machinery and equipment (3523—3524). P 14) Furniture and fixtures, not elsewhere classified (2599). P 15) General industrial machinery and equipment (3561, 3563, 3565—3569). P 16) Household appliances, not elsewhere classified (3639). P 17) Household audio and video equipment, and audio (3651— 3652). P 18) Jewelers' findings and materials, and lapidary work (3915). P 19) Laboratory apparatus and analytical, optical, measuring, and controlling instruments (3821—3829). P 20) Manufacturing industries, not elsewhere classified (3999). P 21) Metalworking machinery and equipment (3546 and 3548). P 22) Miscellaneous electrical machinery, equipment, and supplies (3691—3692, 3695—3699). P 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— 3582, 3586-3589). P 27) Search, detection, navigation, guidance, aeronautical, and nautical systems and instruments (3812). P 28) Special industry machinery, except metalworking (3552- 3559). P 29) Surgical, medical, and dental instruments and supplies (3841-3845). P 3.A.1.a Packet Pg. 13 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx 30) Transportation equipment, not elsewhere classified (3799). P 31) Watches, clocks, clockwork operated devices, and parts (3873). P 32) Any other Economic Development use which is 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. P 1 Notes: 2 1 See LDC section 2.03.07 F.6. for specific prohibitions in the GGPOD. 3 2 See LDC section 4.02.26 B.14. for pollution control standards. 4 3 See LDC section 4.02.26 C. for design standards specific to Economic Development uses. 5 4 Vertical mixed use developments shall be permitted uses. 6 7 * * * * * * * * * * * * * 8 9 I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the 10 properties adjacent to Bayshore Drive as identified by the designation "BZO" on the 11 applicable official Collier County Zoning Atlas Map or map series. 12 13 * * * * * * * * * * * * * 14 15 4. Bayshore Zoning Overlay District (BZO) Subdistricts. 16 17 * * * * * * * * * * * * * 18 19 b. Use Categories and Table of Uses. 20 21 * * * * * * * * * * * * * 22 23 ii. Interpretation of the Table of Uses. 24 25 * * * * * * * * * * * * * 26 27 b) Any use not listed in the Table of Uses is prohibited unless 28 the County Manager or designee may determine that it falls 29 within the same class as a listed use through the process 30 outlined in LDC section 1.06.00, Rules of Interpretation. 31 32 c)b) Mixed Use Projects shall be limited to the permitted, 33 accessory and conditional uses allowed in the BZO-NC and 34 BZO-W subdistricts, and subject to the MUP approval 35 process as outlined in LDC section 10.02.15. All other 36 projects may elect to establish uses, densities and 37 intensities in accordance with their underlying zoning, 38 except as restricted in LDC section 2.03.07 I.4.b.iv., or in 39 accordance with the Overlay Subdistrict. However, all 40 3.A.1.a Packet Pg. 14 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 12 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx projects must comply with site development standards as 1 provided in LDC section 4.02.16. 2 3 * * * * * * * * * * * * * 4 5 N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 6 conditions for the properties in and adjacent to the Gateway Triangle as identified by the 7 designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 8 series. 9 10 * * * * * * * * * * * * * 11 12 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 13 14 * * * * * * * * * * * * * 15 16 b. Use Categories and Table of Uses. 17 18 * * * * * * * * * * * * * 19 20 ii. Interpretation of the Table of Uses. 21 a) Any uses not listed in the Table of Uses are prohibited. In 22 the event that a particular use is not listed in the Table of 23 Uses, the County Manager or designee may determine that 24 it falls within the same class as a listed use through the 25 process outlined in LDC section 1.06.00, Rules of 26 Interpretation. 27 28 b)a) The Table of Uses identifies uses as permitted uses (P); 29 accessory uses (A); conditional uses (CU), or a combination 30 of the three. Blank cells indicate that a use is not allowed in 31 the corresponding subdistrict; however, such use may be 32 permitted by the underlying zoning designation. 33 34 c)b) Mixed Use Projects shall be limited to the permitted, 35 accessory and conditional uses allowed in the GTZO-MXD 36 subdistrict, and subject to the MUP approval process as 37 outlined in LDC section 10.02.15. All other projects may 38 elect to establish uses, densities and intensities in 39 accordance with their underlying zoning or in accordance 40 with the Overlay Subdistrict. However, all projects must 41 comply with site development standards as provided in LDC 42 section 4.02.16. 43 44 45 * * * * * * * * * * * * * 46 # # # # # # # # # # # # # 47 48 2.03.09 – Open Space Zoning Districts 49 50 3.A.1.a Packet Pg. 15 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 13 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district 1 is to provide lands for golf courses, recreational uses, and normal accessory uses, 2 including certain uses of a commercial nature. Recreational uses should be compatible in 3 scale and manner with residential land uses. The GC distric t shall be in accordance with 4 the urban mixed use district and the agricultural/rural mixed use district of the future land 5 use element of the Collier County GMP. All uses shall be subject to design standards 6 established in LDC section 5.05.15 H, and other applicable LDC standards. 7 8 1. The following subsections identify the uses that are permissible by right and the 9 uses that are allowable as accessory or conditional uses in the GC district. 10 11 * * * * * * * * * * * * * 12 13 c. Conditional uses. The following uses are permissible as conditional uses 14 in the GC district, subject to the standards and provisions established in 15 LDC section 10.08.00. 16 17 * * * * * * * * * * * * * 18 19 11. Any other recreational use which is compatible in nature with the 20 foregoing uses as determined by the Hearing Examiner or Board of 21 Zoning Appeals, as applicable. 22 23 * * * * * * * * * * * * * 24 # # # # # # # # # # # # # 25 26 10.02.06 – Requirements for Permits 27 28 K. Comparable Use Determination. 29 30 1. The following Comparable Use Determination (CUD) shall be used to determine 31 whether a use is comparable in nature with the list of permitted uses and the 32 purpose and intent statement of each the zoning district, overlay, or PUD. 33 34 2. To be effective, the Comparable Use Determination shall be approved by the 35 Hearing Examiner by decision or Board of Zoning Appeals by resolution, at an 36 advertised public hearing based on the following standards, as applicable: 37 38 a. The proposed use possesses similar characteristics to other permitted 39 uses in the zoning district, overlay, or PUD, including but not limited to the 40 following: 41 i. Operating hours; 42 ii. Traffic volume generated/attracted; 43 iii. Type of vehicles associated with the use; 44 iv. Number and type of required parking spaces; and 45 v. Business practices and activities. 46 47 b. The effect of the proposed use would have on neighboring properties in 48 relation to the noise, glare, or odor effects shall be no greater than that of 49 other permitted uses in the zoning district, overlay, or PUD. 50 51 3.A.1.a Packet Pg. 16 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 14 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx c. The proposed use is consistent with the GMP, meaning the applicable 1 future land use designation does not specifically prohibit the proposed use, 2 and, where the future land use designation contains a specific list of 3 allowable uses, the proposed use is not omitted. 4 5 d. The proposed use shall be compatible and consistent with the other 6 permitted uses in the zoning district, overlay, or PUD. 7 8 e. Any additional relevant information as may be required by County Manager 9 or Designee. 10 11 3. The Administrative Code shall establish the process and application submittal 12 requirements to obtain a Comparable Use Determination. 13 14 4. Except for properties located in a PUD, each petition for CUD shall also require 15 minor conditional use approval or conditional use approval in accordance with the 16 procedures set forth in LDC section 10.08.00. For properties located in a PUD 17 where the PUD does not contain the phrase, “any other use which is comparable 18 in nature with the foregoing uses and is consistent with the permitted uses and 19 purpose and intent statement of the district" or any similar phrase that provides for 20 a use that is not clearly defined or described in the list of permitted uses, which 21 requires discretion as to whether or not it is permitted in the district, then each 22 petition for CUD shall also require minor conditional use or conditional use 23 approval in accordance with the procedures set forth in LDC section 10.08.00. 24 25 * * * * * * * * * * * * * 26 # # # # # # # # # # # # #27 3.A.1.a Packet Pg. 17 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing 15 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx C .4 . Conditional Use - Comparable Use Determination (CU -CUD) Reference LDC sections 2.03.00 A, 10.02.06 K, 10.08.00, LDC Public Notice section 10.03.06 B., C, or O, LDC section 8.10.00 and F.S. §125.66. Applicability A Conditional Use - Comparable Use Determination shall be used to determine if a new use is comparable, compatible, and consistent with the list of permitted uses in a standard zoning district, overlay, or a PUD, if such PUD does not contain 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. See Chapter 3.L. for additional information regarding Comparable Use Determination in PUDs. Pre-Application A pre-application meeting is required. Initiation The applicant files a “Conditional Use - Comparable Use Determination Application or an Application for Public Hearing for Conditional Use ” with the Zoning Division. See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Contents The petition should include material necessary to demonstrate that the approval of the conditional use will be in harmony with the general intent and purpose of the LDC, will be consistent with the Growth Management Plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. A cover letter briefly explaining the proposed project. 4. Property Ownership Disclosure Form. 5. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy, indicate the date of the option, the date the option terminates, and anticipated closing date. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. Pre-application meeting notes. 8. A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly. 9. PUD Ordinance and Development Commitment Information, if applicable. 10. A written petition that shows how the proposed use satisfies the findings outlined in LDC section 10.08.00. 11. Property information, including: 3.A.1.a Packet Pg. 18 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing 16 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx a. Legal description; or if the conditional use involves only part of a PUD, only a legal description for the subject portion is required; b. Property identification number; c. Section, township and range; d. Subdivision, unit, lot and block, or metes and bounds description; e. Address of subject site and general location; f. Size of property in feet and acres; g. Property owner’s name; and h. Verification being requested. 12. If the property owner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: a. Legal description; b. Property identification number; c. Section, township, and range; and d. Subdivision, unit, lot and block, or metes and bounds description. 13. Zoning information, including: Adjacent zoning and land use. 14. Conditional Use request detail, identifying current zoning district, type of use and present use of property. 15. A description of previous land use applications on the subject property, including whether a public hearing was held on the property or any abutting properties within the year preceding the application, and the nature of that hearing. 16. Conceptual site development plans at an appropriate scale showing the proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas, and required yards, and other open spaces. The conceptual site development plan does not replace the site development plan (SDP) required by Chapter 4 of the Administrative Code. 17. Completed Statement of Utility Provisions. 18. Plans showing proposed locations for utilities. 19. Plans for screening and buffering the use with reference as to type, dimensions, and character. 20. Plans showing the proposed landscaping and provisions for trees protected by County regulations. 21. Plans showing the proposed signs and lighting, including type, dimensions, and character. 3.A.1.a Packet Pg. 19 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing 17 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx 22. Environmental Data Requirements. See LDC section 3.08.00 A. 23. Environmental Data Requirements for PUD Zoning and Conditional Uses  See Chapter 7 A. of the Administrative Code. 24. Recent aerial photographs must be legible at the scale provided. The aerial shall identify plant and/or wildlife habitats and their boundaries. The identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. 25. An Architectural Rendering of proposed structures, if applicable,  See Chapter 4 A. of the Administrative Code. 26. Traffic Impact Study  See Chapter 7 B. of the Administrative Code. 27. If the property is located within an area of historical or archaeological probability, as identified at the pre-app meeting, a historical and archaeological survey or waiver application. 28. If the zoning district places additional requirements on the requested use, include documentary evidence that those requirements are met. 29. Permits: All Federal, State, and local permits shall be submitted prior to construction and before the pre-construction meeting. If approved by the County Manager or designee, an applicant may submit Federal, State, and local agency permits at the pre-construction meeting. 30. Owner/agent affidavit as to the correctness of the application. 31. Electronic copies of all documents. 32. Affidavit of Authorization. 33. 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. 34. Additional materials may be requested by staff depending on the use and justification provided. Notice for Minor Conditional Use – Comparable Use Determination petitions Notification requirements are as follows.  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 public hearing. The NIM shall be advertised, and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 3.A.1.a Packet Pg. 20 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing 18 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: a. Date, time, and location of the hearing; b. Description of the proposed land uses; c. Application number and project name; d. PUD name and ordinance number; e. Proposed permitted use; f. Description of location; and g. 2 in. x 3 in. map of the project location. 4. Sign: Posted at least 15 days before the advertised Hearing Examiner hearing date.  See Chapter 8 E. of the Administrative Code for sign template. [Please note: If the Minor Conditional Use petition is to be heard before the BZA, the notice procedures shall be the same as the procedures for all other Conditional Use petitions listed below.] Notice for all other Conditional Use – Comparable Use Determination petitions Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the first advertised public hearing. The NIM shall be advertised and a mailed written notice shall be 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 public 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: a. Date, time, and location of the hearing; b. Description of the proposed land uses; c. Application number and project name; d. PUD name and ordinance number; e. Proposed permitted use; f. Description of location; and g. 2 in. x 3 in. map of the project location. 4. Sign: Posted at least 15 days before the advertised public hearing date.  See Chapter 8 E. of the Administrative Code for sign template. 3.A.1.a Packet Pg. 21 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing 19 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx Public Hearing for Minor Conditional Use – Comparable Use Determination petitions The Hearing Examiner or CCPC/BZA shall hold at least 1 advertised public hearing. If the BZA is the final Decision Maker, the Minor Conditional Use petition shall follow the same public hearing process as all other Conditional Use petitions. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Public Hearing for all other Conditional Use – Comparable Use Determination petitions 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 CCPC/BZA shall hold at least 1 advertised public hearing. Decision maker for Minor Conditional Use – Comparable Use Determination petitions The Hearing Examiner or BZA, applying the criteria in LDC Sections 10.02.06 K. and 10.08.00. Decision Maker for all other Conditional Use – Comparable Use Determination petitions The BZA, following a recommendation from both the EAC, if required, and the Planning Commission, applying the criteria in LDC Sections 10.02.06 K. and 10.08.00. Review Process The Zoning Division will review the application, identify whether additional materials are needed, and prepare a Staff Report to the Hearing Examiner or CCPC/BZA. Recording of Developer Commitments Within 30 days of approval of the conditional use, the owner or developer at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the conditional use. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, F.S. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Division, within 15 days of recording of said Memorandum or Notice. Updated Resolution 2022-## 3.A.1.a Packet Pg. 22 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing 20 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx L. Comparable Use Determination in PUDs (PUD -CUD) Reference LDC sections 2.03.00 A, 10.02.06 K, LDC Public Notice section 10.03.06 O, LDC section 8.10.00 and F.S. §125.66. Applicability A Comparable Use Determination may shall be used to make a determination that determine if a new use proposed at a site-specific location is comparable, compatible, and consistent with the list of identified permitted uses in a standard zoning district, overlay, or PUD ordinance. in a PUD ordinance if such PUD 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 in its list of permitted uses. See Chapter 3. C.4. for addition information regarding the Conditional Use - Comparable Use Determination. 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 Contents The application must include the following: 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 i-Information, if applicable. 6. Electronic copies of all documents. 7. Addressing checklist. 8. Affidavit of Authorization. 9. Property Ownership Disclosure Form. 3.A.1.a Packet Pg. 23 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) Attachment A - Administrative Code DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted Collier County Land Development Code | Administrative Procedures Manual Chapter 3 | Quasi-Judicial Procedures with a Public Hearing 21 G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2022\Aug 18\Meeting Material\Word Version\PL20220000207 CUD (07-18- 2022).docx Completeness and Processing of Application The Zoning Division will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the 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 petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows.  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: • 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 1. The Hearing Examiner or the CCPC 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 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 Decision Maker 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 CCPC/BZA 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-## 3.A.1.a Packet Pg. 24 Attachment: PL20220000207 CUD (07-18-2022) (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) 3.A.1.bPacket Pg. 25Attachment: PL20220000207 Legal Ad (22876 : PL20220000207 LDC Amendment - Comparable Use Determination) 08/18/2022 COLLIER COUNTY Collier County Planning Commission Item Number: 3.A.2 Item Summary: PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated) - 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, that adds off -site boat yards and the dry storage of boats, boat trailers, trailered vessels, and other related vehicles, in connection with a marina or a public boat ramp, subject to LDC section 5.05.02 G. and limited to the Port of the Islands as a conditional use in the General Commercial District (C-4) and supplemental development standards, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Zoning Districts and Uses, including section 2.03.03 - Commercial Zoning Districts; and Chapter 5 Supplemental Standards, including section 5.05.02 - Marinas; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Eric Johnson, Planning Manager] Meeting Date: 08/18/2022 Prepared by: Title: Planner, Principal – Zoning Name: Eric Johnson 07/25/2022 6:50 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 07/25/2022 6:50 PM Approved By: Review: Planning Commission Diane Lynch Review item Completed 07/26/2022 6:21 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 07/27/2022 9:53 AM Growth Management Department Jaime Cook Additional Reviewer Completed 08/02/2022 9:31 AM Zoning James Sabo Additional Reviewer Completed 08/02/2022 10:58 AM Zoning Mike Bosi Additional Reviewer Completed 08/03/2022 8:06 AM Growth Management Department James C French GMD Deputy Dept Head Completed 08/10/2022 3:13 PM Planning Commission Ray Bellows Meeting Pending 08/18/2022 5:05 PM 3.A.2 Packet Pg. 26 LDCA-PL20210000766 - Off-Site Boat Storage Page 1 of 14 08/10/2022 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION, GROWTH MANAGEMENT DEPARTMENT HEARING DATE: August 18, 2022 SUBJECT: LDCA-PL20210000766 OFF-SITE BOAT STORAGE ______________________________________________________________________________ APPLICANT/AGENT: Applicant Agent: Scott Prephan Robert J. Mulhere, FAICP, President Prepmac, LLC Hole Montes, Inc. 118 W. South Boundary 950 Encore Way Perrysburg, OH 43551 Naples, FL 34110 REQUESTED ACTION: To have the Collier County Planning Commission consider an application for a Land Development Code (LDC) amendment to amend LDC section 2.03.03 Commercial Zoning Districts and LDC section 5.05.02 Marinas. GEOGRAPHIC LOCATION: Amendments to the LDC are not typically associated with a specific parcel or geographic location. However, the proposed LDC amendment is only associated with two vacant properties located at the southwest corner of Tamiami Trail East and Newport Drive in the Port of the Islands, as depicted on the map on the next page. 3.A.2.a Packet Pg. 27 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- Port of the Islands NORTH PORT BAY Tamiami TRL E A-ACSC/ST RMF-16 C-4 RSF-4 RT PUD RSF-3 CON-ACSC/ST PUD RT CON-ACSC/ST RMF-12(8) RSF-3 CON Document Path: M:\GIS_Requests\2022\02-Feb\GSD-23897 Public Ramps and Marina in the County PL20210000766 (Eric Johnson)\MXD\Port of the Islands 100 FT.mxd Map Date: 5/5/2022 Growth Management Department Operations & Regulatory Management Division 05001,000250 Feet Port of the Islands C-4 100 Ft Parcels C-4 C-4 C-4 C-4 A-ACSC/ST A-ACSC/ST A-ACSC/ST PUD PUD A-ACSC/ST A-ACSC/ST RMF-16 RSF-4 RSF-4 RMF-16 RMF-16 RMF-16 I SUBJECT PARCEL - PREPMAC LLC PARCEL#: 1067083700 C-4 C-4 RT RMF-16 C-4 C-4 RT RMF-16RT A-ACSC/ST RMF-16 RMF-12(8) A-ACSC/ST RMF-16 RMF-16RMF-16A-ACSC/STRMF-16 Public Boat Ramps & Marina 100 ft Buffer of C-4 Zoning Parcels 660 ft Buffer of Marina C-4 Zoning General Zoning Planned Unit Development (PUD) Parcel Eligible Parcel 3.A.2.a Packet Pg. 28 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- LDCA-PL20210000766 - Off-Site Boat Storage Page 3 of 14 08/10/2022 With respect to these two sites, the northernmost parcel (Parcel ID: 01067083700), is approximately 2.02 acres and has been owned by the petitioner since 2019. The petitioner is intending to amend the LDC to change the regulations for the below site, herein referred to as the “Prepmac, LLC parcel”: The abutting property to the south of the Prepmac, LLC parcel is approximately 1.53 acres and has been owned by Collier County since 2008. It is also eligible for the off-site storage of boats, boat trailers, trailered vessels, and other related vehicles under the provisions of this LDC amendment. PURPOSE/DESCRIPTION OF PROJECT: Amend LDC section 2.03.03 and LDC section 5.05.02 to allow for the off-site storage of boats, boat trailers, trailered vessels, and other related vehicles as a conditional use when a site is in the General Commercial District (C-4) and not located farther than 660 feet of a marina (having a boat ramp) or a public boat launching facility (boat ramp), measured from property line to property line. It also contains a provision that the subject site shall not be located within 100 feet of residentially zoned property, except for the Residential Tourist District (RT). The LDC amendment is only applicable to this one two-acre parcel located at the southwest corner of Tamiami Trail East and Newport Drive, owned by Prepmac, LLC. 3.A.2.a Packet Pg. 29 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- LDCA-PL20210000766 - Off-Site Boat Storage Page 4 of 14 08/10/2022 ENVIRONMENTAL ANALYSIS: Manatee Protection Plan (MPP) Considerations: The purpose of the site rating system of the Collier County Manatee Protection Plan (MPP) is to help determine the maximum wet slip densities, dry storage, and boat ramps to improve existing manatee protection. The MPP contains criteria to determine the suitability for siting a marina, resulting in the following three categories of rankings: Preferred, Moderate, and Protected. The marina at the Port of the Islands has been designated “Moderate,” which allows for the expansion of existing facilities but prohibits the construction of new facilities. Staff determined that the dry storage of boats at an off-site location would not be subject to the MPP. According to Section 3.2 of the MPP (see Exhibit A), a dry storage facility is only subject to the MPP if it has water frontage and the capability of launching vessels into those waters. The Prepmac, LLC parcel and the County-owned parcel do not have water frontage, and staff has determined that expanding the marina provisions to allow off-site boat storage would not initiate a consistency review with the MPP. According to MPP, the Port of the Islands has an existing private marina containing multiple wet boat slips. In addition, a public boat ramp is also located near the Prepmac, LLC parcel, as pictured below. ZONING STAFF ANALYSIS: Analysis of Purpose and Intent of the C-4 Zoning District: The petitioner wants to develop the Prepmac, LLC parcel with a boat yard or the storage of boats, boat trailers, trailered vessels, and other related vehicles. The subject parcel is zoned C-4. According to LDC section 2.03.03 D., the purpose and intent of the C-4 zoning district is follows: 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 C-4 is to provide for land uses, including recreational attractions that are larger in scale than what is permissible within the C-1, C-2, and Commercial Intermediate District (C-3). It is notable that the purpose and intent of the C-4 prohibits the outside storage of merchandise and equipment, except to the extent that the outside storage 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. Analysis of Marinas, Boating-Related Uses, and Outdoor Storage Yards: Staff recognizes that the storage of boats is an activity commonly associated with a Marinas and 3.A.2.a Packet Pg. 30 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- LDCA-PL20210000766 - Off-Site Boat Storage Page 5 of 14 08/10/2022 other types of boat launching facilities. The Standard Industrial Classification (SIC) lists “Boat yards, storage and incidental repair” under Marinas (4493). The LDC section 2.03.03 D.1.a.83. lists Marinas as a permitted use in the C-4 district, as shown below: 83. Marinas (4493 and 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02. Marinas are listed as permitted by right in the C-2, C-3, C-4. They are conditional in the RT, VR, and CF. Table 1 on the next page provides a summary of where Marinas and other boating- related uses are allowed throughout the County. Table 1. Boating-related Uses by Zoning District. Use Permitted Conditional Boat charter, fishing (SIC 7999) C-4, C-5 Boat dealers (SIC 5551) C-5 C-4 Boat ramp P CF Boat rental (SIC 4499, 7999) C-4, C-5 Boat repairs, engine only (SIC 7699) C-4, C-5, I Boat repairs, other than engine (SIC 3732) I Boat storage only, indoor (SIC 4225) C-5, I C-4 Boat yards only C-5, I VR Marina, excluding boat yard/storage/and incidental repair C-2 Marina, including boat yard C-3, C-4, C-5 RT, VR, CF Motor freight transportation and warehousing (4225, mini- and self-storage warehousing only) C-5, BP, I* C-4** Legend: Residential Tourist District (RT), Village Residential District (VR), Commercial Convenience District (C-2), Commercial Intermediate District (C-3), General Commercial District (C-4), Heavy Commercial District (C-5), Industrial District (I), Business Park District (BP), and Community Facility (CF) * No special restrictions like the other zoning districts where permissible. ** Air-conditioned only The LDC defines Marinas as follows: A boating facility, chiefly for recreational boating, located on navigable water frontage, and providing all or any combination of the following: boat slips or dockage, dry boat storage, small boat hauling or launching facilities, marine fuel and lubricants, marine supplies, bait and fishing equipment, restaurants, boat and boat motor sales, and rentals. Does not include dredge, barge, or other work-dockage or service, boat construction or reconstruction, or boat sales lot. The definition implies that Marinas are comprised of a minimum of two of the above listed activities, and one such activity is “dry boat storage.” However, the Prepmac, LLC site is precluded from having a Marina because the parcel lacks frontage on a navigable waterway. Since the Prepmac, LLC parcel and the County-owned parcel are currently ineligible for a Marina, the petitioner is proposing to amend the Marinas section of the LDC, to allow for the off-site storage of boats, boat trailers, trailered vessels, and other related vehicles as a conditional use in the C-4 and only in the POTI. This allowance is predicated on the restriction that the site for a boat yard 3.A.2.a Packet Pg. 31 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- LDCA-PL20210000766 - Off-Site Boat Storage Page 6 of 14 08/10/2022 is located no farther than 660 feet from either a 1) marina; or 2) public boat ramp. In the context of this LDC amendment, the term “public boat ramp” and/or similar wording is construed to include facilities designed as boat ramps, such as those at Bayview Park and Goodland Boat Park (as pictured in Exhibit B and Exhibit C, respectively). In addressing impacts to residents and compatibility concerns, the petitioner is proposing to restrict the eligibility of a site for a boat yard if the site is located within 100 feet of a residential zoning district, excluding the RT. The LDC considers boat yards and the outdoor storage of boats, boat trailers, trailered vessels, and other related vehicles to be “outdoor storage yards.” The C-4 does not list the proposed use as permitted by right or conditionally, and therefore, it is prohibited. An outdoor storage yard, as a principal use, is allowed in other higher-intensity zoning districts, such as in the C-5. In the C-5, the LDC section 2.03.03 E.1.a.120., provides for outdoor storage yards as follows: 120. Outdoor storage yards, provided that the yard is located no closer than twenty-five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to section 4.02.12. This provision shall not be construed to allow, as permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. An outdoor storage yard is also permitted by right in the I, and conditionally in the VR. Because it is not allowed in the C-4, the petitioner is proposing to expand the list of conditional uses in the C-4 zoning district to allow the following use: 19. Off-site boat yards and the dry storage of boats, boat trailers, trailered vessels, and other related vehicles, in connection with a marina or a public boat ramp, subject to LDC section 5.05.02 G. and limited to the Port of the Islands. The Prepmac, LLC parcel is separated from the marina and public boat ramp by Newport Drive, which is owned by the Port of the Island Community Improvement District. Because of this separation, the proposed use cannot be considered an accessory use to either the marina or public boat ramp. Since the proposed use is considered a principal use of higher intensity (from a zoning district perspective), the petition is inconsistent with the GMP—and no LDC amendment can create an inconsistency with the GMP. If the petitioner intends to store the boats, boat trailers, trailered vessels, and other related vehicles exclusively within an air-conditioned building on the Prepmac, LLC parcel, then the use would qualify as indoor storage, which is a conditional use in the C-4 in accordance with LDC section 2.03.03 D.1.c.24. Analysis of Maximum Building Height and Setbacks. The petitioner is proposing to restrict the height of all principal and accessory structures on the Prepmac, LLC parcel to a maximum of 35 feet. The maximum height would also apply to any boats, boat trailers, trailered vessels, and other related vehicles that may be stored on the property. Table 2 on the next page provides a comparison of the maximum building heights allowed within 3.A.2.a Packet Pg. 32 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- LDCA-PL20210000766 - Off-Site Boat Storage Page 7 of 14 08/10/2022 select zoning districts. Table 2. Maximum Building Height by Zoning District Zoning District Maximum Height Residential Tourist District (RT) 10 stories, not to exceed 100 feet Village Residential District (VR) 35 feet Commercial Convenience District (C-2) 35 feet Commercial Intermediate District (C-3) 50 feet General Commercial District (C-4) 75 feet Heavy Commercial District (C-5) 35 feet Industrial District (I) 50 feet Community Facility (CF) 30 feet Prepmac, LLC Parcel 35 feet Staff compared the maximum building heights for select zoning districts where Marinas are allowed. As proposed in this LDC amendment, the buildings and all outdoor items to be stored would be restricted to a maximum height of 35 feet, which is substantially less than the 75 feet allowed by C-4, as well as the 50-feet allowed by the C-3 and I. This 35-foot limitation represents the same maximum height that is allowed on sites located in the VR, C-2, and C-5, except that in the VR, C-2, and C-5 (as well as the other aforementioned zoning classifications), the outdoor stored items could exceed the maximum height. Table 3 below identifies the minimum building setbacks proposed for the Prepmac, LLC parcel and compares them to the minimum required in the C-4. Table 3. Minimum Required Setbacks C-4 Yard Distance in C-4 LDC Amendment Front 50% of the building height, but not less than 25 feet 25 feet Side 50% of the building height, but not less than 15 feet. 20 feet Rear 50% of the building height, but not less than 15 feet. 20 feet Table 3 shows that greater setbacks for the storage of boats are proposed in LDC amendment compared to the normal building setbacks in the C-4. The minimum front setback proposed in this LDC amendment will be 25 feet, which will match the C-4; however, the side and rear will be 20 feet, which will exceed that which is normally required for the C-4 (based on the 35-foot maximum height). It should be noted that any non-fixed structure, such as an unanchored boat rack, is not considered a building or a structure and would not have to meet the minimum setbacks prescribed by Table 2.1 of LDC section 4.02.02. Structures are defined by LDC section 1.08.02 as follows: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures. The Building Division considers a non-fixed boat rack as something that is moveable or “road ready,” and as such, no permits are required. However, if the boat racks have a fixed location or designed such that they are not readily movable, then they are deemed to be structures and require permits from the Building Division and need to comply with the setbacks in the LDC for an 3.A.2.a Packet Pg. 33 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- LDCA-PL20210000766 - Off-Site Boat Storage Page 8 of 14 08/10/2022 accessory structure. Since this LDC amendment requires that “all structures, vessels, and trailers on the non-contiguous lot” be setback at least 20 feet (25 feet along public street), then the provision is construed to mean that both fixed structures and moveable boat racks need to comply with the LDC amendment’s prescribed setbacks. Analysis of Public Notification Requirements: The LDC amendment requires that petitioners for off-site boat yards would need to obtain conditional use approval. A minor conditional use application is a type of petition that does not require review from the Environmental Advisory Council (EAC), which means that each request is typically decided by the Hearing Examiner. The Hearing Examiner has the discretion to elevate the level of review (and yield jurisdiction) to the Board of Zoning Appeals if the petition is determined to be of great public interest or concern. In these instances, the petition is reviewed by the Collier County Planning Commission, serving in an advisory capacity, and then by the BZA, for final action. This LDC amendment proposes to require the BZA as having sole jurisdiction for minor conditional use petitions proposing off-site boat storage on C-4 properties on the POTI. When reviewed by the BZA, minor conditional use applications require at least four affirmative votes. A conditional use application requires a NIM, which means that the property owners most affected by an application for the off-site boat storage will be notified. The mailed notice requirements of LDC section 10.03.05 requires that petitioners utilize a notification area either 500 feet, 1,000 feet, or a mile, depending on the application type and geographic location of the subject property. A conditional use request on the Prepmac, LLC site would normally require a 500-foot notification area. However, this LDC amendment requires future conditional use requests to have a notification area of 1,000 feet, which includes the Prepmac, LLC site, as well as any other eligible site that is zoned C-4, regardless of its location. The 1,000-foot notification area exceeds the 660- foot maximum distance between the off-site boat yard to the marina or public boat launching facility. This notification area would be used for both the NIM as well as for the Collier County Planning Commission (CCPC). Site Development Plan (SDP) Considerations: The LDC amendment requires additional landscaping for the off-site boat storage. Additional landscaping serves as a mitigating factor to consider when expanding the marina provisions to include off-site boat storage. This is true for the Prepmac, LLC parcel and any other eligible C-4 zoned property. As proposed, the non-contiguous lot shall be buffered with a second row of trees at a height of 14 feet at the time of installation. This provision exceeds the minimum standards of LDC section 4.06.02 C. and LDC section 4.06.05 D.2., which requires only a single row with 10- foot-tall trees. The provisions in the LDC amendment also stipulates that the wall/fence shall not exceed eight feet in height, which is consistent with LDC section 5.03.02 D.1. While not specifically stated in the LDC amendment, it is implied the wall/fence shall be installed a minimum of seven feet in height, to comply with the design standards for outdoor storage (LDC section 4.02.12 A.). Additionally, staff is concerned about the potential impact on the physical health of the boat ramp and the potential to launch boats using a forklift associated with the boat storage facility. 3.A.2.a Packet Pg. 34 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- LDCA-PL20210000766 - Off-Site Boat Storage Page 9 of 14 08/10/2022 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The Prepmac, LLC parcel is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict, and located within the Coastal High Hazard Area and the Big Cypress Area of Critical State Concern, as depicted on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Under the Urban Mixed Use District there is a provision specific to the Port of the Islands (POTI) which acknowledges the development agreement between Port of the Islands, Inc. and what is now the Florida Department of Economic Opportunity. It also provides that the “Port of the Islands is eligible for all provisions of the Urban Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan.” Paragraphs 8A(2) and (3) of the Development Agreement also provide that the property may be developed per the C-4 at the date of approval of the development agreement, July 2, 1985 (see Exhibit D). FLUE Policy 5.3 reads, in relevant part: “All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district.” The petitioner asserts that this policy: a) only applies to the rezone of property [that is, the changing from one zoning district to a different zoning district, e.g. rezone from the Commercial Professional and General Office District (C-1) to the Commercial Convenience District (C-2)]; b) that an LDC amendment is a legislative action whereas a rezone is a quasi-judicial action; and, c) an analysis can be submitted to demonstrate this LDCA would not result in an increase in impacts upon public facilities. In response to the petitioner’s assertions, staff: a) reads the term “zoning changes” to encompass both a rezone of property and the changes to a zoning district; b) notes that the ordinance for a rezone petition and the ordinance for an LDC amendment petition are both amendments to “Ordinance Number 2004-41, as amended, the Collier County Land Development Code”; and c) because the zoning district use intensity is increased, thus the first threshold (paragraph a.) is not met, the public facilities impact analysis (paragraph e.) is not relevant. To read Policy 5.3 to only apply to rezones and to not apply to LDC amendments, as the petitioner asserts, could allow perverse changes to a zoning district e.g., add Heavy Commercial District (C-5) and/or Industrial 3.A.2.a Packet Pg. 35 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- LDCA-PL20210000766 - Off-Site Boat Storage Page 10 of 14 08/10/2022 District (I) uses to the C-4, such as warehousing, [unrestricted] outdoor storage, petroleum storage, manufacturing, distribution facilities, etc. The proposed storage use is not permitted in the C-4, but is currently permitted in C-5 and the I. Therefore, the addition of this use would be an increase in zoning intensity of the C-4, in conflict with the POTI provision in the FLUE, Policy 5.3 and the POTI Development Agreement. Under the Urban Mixed Use District, water dependent and water related land uses are permitted on waterfront (shoreline) properties. Further, priorities are established for water dependent land uses over water related land uses. Objective 10.1 in the Conservation and Coastal Management Element of the GMP (Collier County Manatee Protection Plan NR-SP-93.01) similarly provides for water dependent and water related land uses for shoreline properties and establishes priority for water dependent land uses. The subject site is not a waterfront property, therefore does not qualify for this water dependent land use provision. Further, per the definition of “marina” in the LDC, this project is not a marina, rather boat storage. When reviewing LDC amendments, LDC section 10.02.09 establishes that “The LDC may only be amended in such a way as to preserve the consistency of the LDC with the Growth Management Plan.” As explained above, this LDC amendment results in an increase in zoning intensity for the subject site contrary to the FLUE and the POTI Development Agreement. It should be noted that the POTI Development Agreement and the limitation on increasing commercial intensity for the area would not allow a GMP amendment to rezone the property to the Commercial-5 zoning district, in which outdoor storage is a permitted use. As such, the LDC amendment to extend a marina and the storage component allowed for within the use to a limited distance (660 feet) of an existing marina or boat ramp was utilized to satisfy compliance with the limitation, as marinas are permitted uses in the C-4 zoning district. Conclusion: This LDCA is inconsistent with the POTI provision in FLUE, POTI Development Agreement, and FLUE Policy 5.3 – all of which do not allow an increase in zoning intensity. DEVELOPMENT SERVICES ADVISORY COMMITTEE RECOMMENDATION: Collier County Code of Laws section 2-1037 charges the Development Services Advisory Committee (DSAC) with, “[providing] input to staff regarding the creation of new rules, processes and procedures associated with the development industry,” and with, “[reviewing] proposed ordinances and codes that may affect the community development and environmental services division prior to their submittal to the Board of County Commissioners for approval.” Accordingly, DSAC reviews and provides recommendations on all LDC amendments prior to BCC approval. The Development Services Advisory Committee-Land Development Review (DSAC-LDR) Subcommittee reviewed this petition on May 25, 2022. The DSAC reviewed this petition on June 1, 2022. Staff recommended approval of the petition, but with conditions involving changes to LDC section 5.05.02 as well to LDC section 2.03.03. These changes included listing off-site boat yards as a conditional use in the C-4 district and for the requirement for the mailed notice for the NIM (associated with the future conditional use application) to be held between November 1 and April 1 and that the notification for the NIM be 3.A.2.a Packet Pg. 36 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- LDCA-PL20210000766 - Off-Site Boat Storage Page 11 of 14 08/10/2022 provided to all properties within 1,000 feet of the subject property. The DSAC recommended approval of the petition (with two members recusing), contingent upon the following: 1. The maximum height of 35 feet shall be measured to the top a structure and not to the top of a boat or a trailer sitting on top of a structure; and 2. The notice for the NIM shall remain at 1,000 feet but there shall be no limitation on the time throughout the year as to when the NIM can occur. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council (EAC) acts in an advisory capacity to the Board and reviews matters dealing with regulation, control, management, use, or exploitation of nature resources within the County, as per Sec. 2-1193 of the Collier County Code of Laws and Ordinances. It also reviews specific zoning and development petitions and their impact on the County’s natural resources. This LDC amendment will not require a recommendation from the EAC. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed this staff report on July 29, 2022. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PL20210000766 to the Board of County Commissioners (BCC) with a recommendation of denial, due to its inconsistency with both the GMP and the POTI Development Agreement, and the fact that the proposed use is dependent upon a County facility and such facility may experience greater impacts because of the potential for increased use. EXHIBITS/ATTACHMENTS: A. Section 3.2 of the MPP B. Bayview Park C. Goodland Boating Park D. POTI Development Agreement E. Applicant Cover Letter F. Applicant Justification G. Applicant Opinion Letter H. Pre-Application Meeting Notes 3.A.2.a Packet Pg. 37 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- EXHIBIT A – Section 3.2 of the MPP LDCA-PL20210000766 - Off-Site Boat Storage Page 12 of 14 08/10/2022 3.A.2.a Packet Pg. 38 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- EXHIBIT B – Bayview Park LDCA-PL20210000766 - Off-Site Boat Storage Page 13 of 14 08/10/2022 Image courtesy of Collier County Parks & Recreation website 3.A.2.a Packet Pg. 39 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- EXHIBIT C – Goodland Boating Park LDCA-PL20210000766 - Off-Site Boat Storage Page 14 of 14 08/10/2022 Image courtesy of Collier County Parks & Recreation website 3.A.2.a Packet Pg. 40 Attachment: PL20210000766 Off-Site Boat Storage Staff Report_Exhibits A_B_C (08-10-2022) (22877 : PL20210000766 - LDC Amendment - Off- Underlined text is new text to be added Strikethrough text is current text to be deleted 1 Privately Initiated LDC Amendment Request APPLICANT: Scott Prephan AUTHOR: Robert J. Mulhere, FAICP, President LDC SECTIONS: 2.03.03 - Commercial Zoning Districts 5.05.02 - Marinas SUMMARY OF AMENDMENT: This amendment shall allow the off-site storage of boats in connection with a marina or a public boat launching facility (boat ramp). DESCRIPTION OF CHANGES: Amend LDC section 2.03.03 and LDC section 5.05.02 to allow for the off-site storage of boats, boat trailers, trailered vessels, and other related vehicles as a conditional use when such are in connection with a marina or public boat ramp. The lot used for the off-site storage must be located within 660 feet of a marina or public boat ramp, measured from property line to property line. FISCAL & OPERATIONAL IMPACTS: No fiscal or operation impacts to the County are anticipated other than an increased use of public boat ramps. GROWTH MANAGEMENT PLAN IMPACTS: No growth management plan impacts are anticipated with this LDC amendment. Amend the LDC as follows: 2.03.03 - Commercial Zoning Districts 1 2 * * * * * * * * * * * * * 3 4 D. General Commercial District (C-4). The general commercial district (C-4) is intended to 5 provide for those types of land uses that attract large segments of the population at the 6 same time by virtue of scale, coupled with the type of activity. The purpose and intent of 7 the C-4 district is to provide the opportunity for the most diverse types of commercial 8 activities delivering goods and services, including entertainment and recreational 9 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 10 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 11 storage of merchandise and equipment is prohibited, except to the extent that it is 12 associated with the commercial activity conducted on -site such as, but not limited to, 13 automobile sales, marine vessels, and the renting and leasing of equipment. Activity 14 centers are suitable locations for the uses permitted by the C-4 district because most 15 activity centers are located at the intersection of arterial roads. Therefore, the uses in the 16 C-4 district can most be sustained by the transportation network of major roads. The C-4 17 3.A.2.b Packet Pg. 41 Attachment: PL20210000766 Off-Site Boat Storage LDCA (07-22-2022) (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards Underlined text is new text to be added Strikethrough text is current text to be deleted 2 district is permitted in accordance with the locational criteria for uses and the goals, 1 objectives, and policies as identified in the future land use element of the Collier County 2 GMP. The maximum density permissible or permitted in a district shall not exceed the 3 density permissible under the density rating system. 4 5 1. The following uses, as defined with a number from the Standard Industrial 6 Classification Manual (1987), or as otherwise provided for within this section are 7 permissible by right, or as accessory or conditional uses within the general 8 commercial district (C-4). 9 10 a. Permitted uses. 11 12 * * * * * * * * * * * * * 13 14 c. Conditional uses. The following uses are permitted as conditional uses 15 in the general commercial district (C-4), subject to the standards and 16 procedures established in section 10.08.00. 17 18 1. Animal specialty services, except veterinary (0752, with outside 19 kenneling). 20 21 * * * * * * * * * * * * * 22 19. Off-site boat yards and the dry storage of boats, boat trailers, 23 trailered vessels, and other related vehicles, in connection with a 24 marina or a public boat ramp, subject to LDC section 5.05.02 G. 25 and limited to the Port of the Islands. 26 27 2019. Permitted use with less than 700 square feet of gross floor area in 28 the principal structure. 29 30 Remainder of list shall be renumbered accordingly 31 32 2625. Veterinary services (0741 and 0742, with outside kenneling). 33 34 # # # # # # # # # # # # # 35 36 5.05.02 – Marinas and Off-Site Boat Yards. 37 38 A. The following standards are for the purpose of manatee protection and are applicable to 39 all multi-slip docking facilities with ten slips or more, and all marina facilities. These 40 standards are not applicable to public boat ramps. 41 42 * * * * * * * * * * * * * 43 44 G. Off-site boat yards or the storage of boats, boat trailers, trailered vessels, and other related 45 vehicles in connection with a marina or a public boat ramp may be allowed on non-46 contiguous lots. A site development plan may be approved by the County Manager or 47 designee to allow boat yards or the dry storage or parking of boats, boat trailers, trailered 48 vessels, or other related vehicles on non-contiguous lots and exempt from the provisions 49 of the MPP, provided the following conditions are satisfied: 50 51 3.A.2.b Packet Pg. 42 Attachment: PL20210000766 Off-Site Boat Storage LDCA (07-22-2022) (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards Underlined text is new text to be added Strikethrough text is current text to be deleted 3 1. The use of the boat yards and the dry storage of boats, boat trailers, trailered 1 vessels, and other related vehicles at the off-site location shall be limited to the C-2 4 zoning district and require conditional use approval from the BZA in accordance 3 with the standards and procedures set forth in LDC section 10.08.00 . In addition 4 to the Neighborhood Information Meeting (NIM) requirements of LDC section 5 10.08.00, the mailed notice shall be provided to all properties within 1,000 feet of 6 the subject parcel and to all residential units relying on the roadway separating the 7 non-contiguous lot used for storage and the marina or a public boat ramp for 8 access. The NIM shall be held between November 1 and April 1. Applications 9 relying on a public boat ramp shall notify the County Manager of the application 10 and the NIM with a mailed letter of intent. 11 12 2. The non-contiguous lot shall be located no farther than 660 feet from the marina 13 having a boat launching facility (boat ramp) or a public boat ramp parcel, measured 14 from property line to property line. The site development plan for the off-site boat 15 storage must indicate the distance the off-site boat storage is from either a marina 16 or a public boat ramp. 17 18 3. The non-contiguous lot shall be located no closer than 100 feet from a residentially 19 zoned parcel, excluding the Residential Tourist District (RT). 20 21 4. If the non-contiguous lot used for storage is separated from the marina or a public 22 boat ramp by a roadway, the roadway shall not be a designated collector roadway, 23 arterial roadway, or a higher roadway classification, as identified in the traffic 24 circulation element of the GMP. 25 26 5. The zoned building height of all principal and accessory structure, associated with 27 the use in LDC section 2.03.03 D.1.c.19., inclusive of the boats, boat trailers, 28 trailered vessels, or other related vehicles, on the non-contiguous lot shall not 29 exceed 35 feet. 30 31 6. The minimum setback for all structures, vessels, and trailers on the non-contiguous 32 lot shall be 20 feet, except that along a public street, the setback shall be 25 feet. 33 34 7. Any outdoor storage on the non-contiguous lot shall be screened with an opaque 35 wall or fence, not to exceed eight feet in height, except for the necessary ingress 36 and egress, pursuant to LDC section 4.02.12. The wall or fence shall be located 37 between the outdoor storage and the landscaping required within the buffers. 38 39 8. In addition to the buffer requirements of LDC section 4.06.00, the trees within the 40 required buffers on the non-contiguous parcel shall be 16 feet in height at the time 41 of installation and spaced no more than 25 feet on center, except for vehicular 42 ingress and egress areas. The required hedge shall be 60 inches at the time of 43 installation. 44 45 9. All exterior lights shall be shielded so as not to spill upon adjoining properties or 46 beyond the property lines. 47 48 10. This provision for boat yards and the storage of boats, boat trailers, and trailered 49 vessels shall not be construed to allow, as permitted or accessory use, wrecking 50 yards, junkyards, or yards used in whole or part for scrap or salvage operations or 51 3.A.2.b Packet Pg. 43 Attachment: PL20210000766 Off-Site Boat Storage LDCA (07-22-2022) (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards Underlined text is new text to be added Strikethrough text is current text to be deleted 4 for processing, storage, display, or sales of any scrap, salvage, or secondhand 1 building materials, junk automotive vehicles, or secondhand automotive vehicles 2 parts. 3 4 # # # # # # # # # # # # # 5 3.A.2.b Packet Pg. 44 Attachment: PL20210000766 Off-Site Boat Storage LDCA (07-22-2022) (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards 3.A.2.c Packet Pg. 45 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 46 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 47 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 48 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 49 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 50 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 51 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 52 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 53 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 54 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 55 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 56 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 57 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 58 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 59 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 60 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 61 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.c Packet Pg. 62 Attachment: PL20210000766 Off-Site Boat Storge Exhibit D (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated)) 3.A.2.dPacket Pg. 63Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Page 1 of 4 H:\2021\2021031\WP\DSAC-LDR\Justification Data Analysis 5-7-2022.docx JUSTIFICATION, DATA & ANALYSIS LDC Section to be Amended: 5.05.02 - Marinas Subsection G. Off-site boat yards or the storage of boats, boat trailers, trailered vessels, and other related vehicles on non-contiguous lots. Purpose: To allow boat yards or the storage of boats, boat trailers, trailered vessels, and other related vehicles on lots that are non-contiguous and within 660 feet of a related marina or public boat ramp, under limited conditions. Justification: The applicant owns a parcel of land with C-4 zoning and located at the Port of the Islands approximately 360 linear feet from the County owned marina and public boat ramp. The C -4 zoning in the Port of the Islands area has been in existence since at least 1982, and has remained undeveloped, as there is little market demand in this location for typical C -4 uses. There is, however, significant demand for boat and boat trailer storage, evidenced by the County boat storage operating at Port of the Islands and the fact that there is limited available storage and a waiting list for storage spots at the county-owned property. Allowing boats, boat trailers, and trailered vessel storage on parcels that are non-contiguous and within 660 feet of a marina or public boat ramp will reduce the number of trailered vessels moving over the roadway system to access such locations. It would not increase the number of boats accessing the boat ramp but would reduce the distance these trailered boats travel in order to reach the water. Objective 10.1 of the Conservation and Coastal Management Element of the Growth Management Plan County’s GMP gives priority to “water dependent shoreline land uses,” such as a marina, but locations for new marinas are very limited due to lack of available waterfront property and the limits imposed on such property due to environmental constraints. Policy 10.1.1 states that the “County shall prioritize water-dependent and water-related uses” as follows: a. Public recreational facilities over private recreational facilities; b. Public boat ramps; c. Marinas 1. Commercial (public) marinas over private marinas; 2. Dry storage over wet storage; d. Commercial fishing facilities; e. Other non-polluting water-dependent industries or utilities; f. Marine supply/repair facilities; and g. Residential development. Collier County is currently experiencing overcrowding issues at existing public boat ramp facility parking lots, which is limiting the public from utilizing such ramps or causing the public to park in undesignated areas. As the County has already invested in the public boat ramp facilities, and due to the limited areas in which new marinas can be located, one way to allow for increased access 3.A.2.d Packet Pg. 64 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards Page 2 of 4 H:\2021\2021031\WP\DSAC-LDR\Justification Data Analysis 5-7-2022.docx to such facilities, under limited conditions, would be to allow a boat/boat trailer storage facility in close proximity to such sites. The proposed amendment is limited in its application as follows: • Only C-4 zoned parcels that permit the use of marinas would qualify for this use; • The use requires conditional use approval from the Board of Zoning Appeals (BZA), with an increased mailed notice requirement of 1,000 feet; • Only parcels located within 660 feet of a public boat ramp or marina, and a minimum of 100 feet from a residentially zoned parcel (excluding conventional or planned residentially zoned districts that allow marinas) would qualify; • Such sites must be designed such that trailers (with or without vessels) can access the public ramp without having to cross an arterial, collector, or higher roadway classification; • Enhanced landscape buffer standards must be met for this specific use; and • All structures on the non-contiguous lot are limited in height to one story, not to exceed 35 feet in zoned building height, and shall have a minimum setback of 20 feet, except that along public streets the setback shall be 25 feet. The LDC amendment also exempts such boat storage uses from the provisions of the Manatee Protection Plan (MPP). Per the April 21, 2021, Pre-Application Meeting, staff indicated a Manatee Protection Plan is not required for this proposed LDC Amendment as the proposed changes are specifically related to allowing boat/boat trailer storage facilities on non-waterfront properties and is not related to marinas, which are defined as a boating facility located on navigable water frontage. This is further supported by Tim Hall, Senior Ecologist with Turrell, Hall and Associates, Inc. In the attached letter from Tim Hall, it states a Manatee Protection Plan is only required for dry storage facilities if they have water frontage. The specific property that inspired this LDC amendment does not have water frontage and the amendment restricts the use to non- waterfront properties. The LDC amendment limits the use of boat storage on non-contiguous sites so that they are only permitted in conjunction with a marina or public boat ramp. The LDC amendment would not allow boat yards or the storage of boats and related vessels in areas where such uses are not otherwise permitted as accessory uses and would be limited to locations within 660 feet of the marina or public boat ramp. Additionally, the enhanced landscape standards, required setbacks, height limitations, and conditional use approval from the BZA for this specific use will ensure compatibility with the neighboring area. The SIC code for Marinas clarifies what such establishments are primarily engaged in: 4493 Marinas Establishments primarily engaged in operating marinas. These establishments rent boat slips and store boats, and generally perform a range of other services including cleaning and incidental boat repair. Boat yards, storage and incidental repair. However, by definition in the Land Development Code, a marina must have navigable water frontage. 3.A.2.d Packet Pg. 65 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards Page 3 of 4 H:\2021\2021031\WP\DSAC-LDR\Justification Data Analysis 5-7-2022.docx So it makes sense to allow boat yards and boat storage as a permissible use in zoning districts that permit marinas as a use by right in support of existing marinas or public boat ramps under the limited conditions proposed. There is great demand for use of publicly accessible boat ramps and most are limited by the availability of associated vehicle and boat trailer parking. Allowing boat and trailer storage on properties properly zoned and nearby such publicly accessible ramps will allow for greater utilization and access to the water in a safe and compatible manner per the following Collier County Growth Management Plan, Recreation and Open Space Element Objective. • Collier County Growth Management Plan, Recreation and Open Space Element Objective 1.3 reads as follows: Continue to ensure that all public developed recreational facilities, open space and beaches and public water bodies are accessible to the general public. • Policy 1.3.2 reads: Collier County shall continue to ensure that access to beaches, shores and waterways remains available to the public. Further the County will develop a program to assess the availability of land for the creation of new access points, and a method to fund the necessary land acquisition. Allowing parcels properly zoned and in close proximity to public boat ramps to store boats and trailers will maximize utilization of these public facilities at no additional cost to the public. • Collier County Growth Management Plan, Conservation and Coastal Management Element Objective 10.2 reads as follows: Ensure that access to beaches, shores and waterways remain available to the public and continue with the County’s program to expand the availability of such access and a method to fund its acquisition. • The Urban Mixed Use District description reads, in part, as follows: Water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants…. The Collier County Manatee Protection Plan (NR-SP-93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan’s marina siting criteria. Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Objective 10.1 and subsequent policies), the following land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a. Presently developed sites; b. Sites where water-dependent or water-related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. • The proposed use will not generate any greater traffic than would a marina with frontage on a navigable waterway. 3.A.2.d Packet Pg. 66 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards Page 4 of 4 H:\2021\2021031\WP\DSAC-LDR\Justification Data Analysis 5-7-2022.docx • Any such use will be required to submit a Site Development or Site Improvement Plan and will be subject to the same development standards as would apply to any other uses, unless specifically addressed in the LDC amendment, in the applicable zoning district, including enhanced landscape buffers, setbacks for structures, stormwater design, and so forth. Conclusion: The proposed amendment makes sense. The use is limited and will be in support of marinas and public boat ramps to help provide additional public access to Collier County’s waterways. By allowing boat and boat trailer storage on non-waterfront properties, this amendment will fulfill a need within Collier County and will do so without creating an additional impact on the environmentally sensitive waterways and protected mangroves. Enhanced landscape buffers will ensure a softening of the outdoor use and will provide additional screening for compatibility with the surrounding areas. The other development standards and LDC requirements will apply to this use, the same as other uses permitted by right in the zoning districts where marinas are permitted. 3.A.2.d Packet Pg. 67 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards TURRELL, HALL & ASSOCIATES, INC. MARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue • Naples, Florida 34104-3732 • (239) 643-0166 • Fax 643-6632•tuna@thanaples.com May 22, 2021 Scott Prephan ComLink Realty 118 W South Boundary Perrysburg, OH 43551 Re: Boat Storage Property Port of the Islands Property (PID 01067083700) Mr. Prephan, I have reviewed the proposal to create a boat storage facility on the above referenced property within the Port of the Islands community. My understanding is that the property would be used only to store boats either inside a structure or outside in the open air. There is no on-site launch facility proposed with the boat storage. The Collier County Manatee Protection Plan Section 3.2 states “For the purpose of this plan, marina facilities include wet slip marinas, boat yards with water access, and multi-slip residential facilities. Dry storage facilities are only considered in this plan if they have water frontage, and the capability of launching vessels into those waters (emphasis added).” This property does not have water frontage. There is a small adjacent fill pit on the adjacent National Park Service lands, but the water boundary does not directly abut or cross into this site and launching of vessels into that water body would serve no purpose as there is no access to open waters from the pit. As such, boat storage on this property is not subject to a Manatee Protection Plan review as it does not have the water frontage or launching capability that would be necessary to be subject to the MPP review. In my opinion, siting the storage facility close to a public ramp makes sense for several reasons. Having the trailered boats kept close to the launch site reduces travel on local roads and is safer than having to trailer them longer distances from residences or other storage facilities. This also reduces fuel costs and wear and tear on the trailers and vehicles doing the hauling. Storing vessels away from the water also reduces the risk of contamination from spills, bilges, or bottom paints which can all be more easily contained and controlled (or not needed in the case of bottom paints) in upland facilities. The vessels stored at this site would likely be those utilizing the local public ramp, anyway, so having them more conveniently located to it would still not increase the demand or put undue pressure on the ramp. The close location could also help to reduce the parking issues which have plagued this ramp since its opening to the public. If you have any further questions, please do not hesitate to call (239) 643-0166 or email Tim@thanaples.com. Best Regards, Tim Hall Senior Ecologist 3.A.2.d Packet Pg. 68 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards Turrell, Hall & Associates, Inc. 3.A.2.d Packet Pg. 69 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards 3.A.2.d Packet Pg. 70 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards 3.A.2.d Packet Pg. 71 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards 3.A.2.d Packet Pg. 72 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards 3.A.2.d Packet Pg. 73 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards 3.A.2.d Packet Pg. 74 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards 3.A.2.d Packet Pg. 75 Attachment: PL20210000766 Off-Site Boat Storage Exhibits E_F_G_H (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards 3.A.2.e Packet Pg. 76 Attachment: PL20210000766 Legal Ad (22877 : PL20210000766 - LDC Amendment - Off-Site Boat Yards (Privately Initiated))