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Agenda 10/11/2022 Item #16A 3 (To waive the requirement to hold a nighttime hearing and advertise a LDC at scheduled daytime hearings)10/11/2022 EXECUTIVE SUMMARY Recommendation to hear a Land Development Code amendment at two regularly scheduled daytime hearings and to waive the nighttime hearing requirement. _____________________________________________________________________________ OBJECTIVE: To waive the requirement to hold a nighttime hearing and advertise a Land Development Code (LDC) amendment at two regularly scheduled daytime hearings on November 8, 2022 and December 13, 2022. CONSIDERATIONS: On October 12, 2021, the Board directed staff to bring back an LDC amendment emphasizing the need for having the conditional use process be applied to Comparable Use Determinations ("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. Since this LDC amendment includes a proposed change to the list of permitted and conditional uses on lands that potentially can be greater than 10 acres, LDC section 10.03.06 K requires two Board hearings with at least one hearing held after 5:00 p.m. on a weekday. However, the Board may elect to conduct the hearing at another time of day by a supermajority vote. If the Board elects not to waive the night hearing, one of the proposed hearings will need to occur after 5:00 p.m. Prior to the Board’s review, this LDC amendment (LDCA-PL20220000207) was reviewed by the Collier County Planning Commission (CCPC) on Thursday, August 18, 2022, at 5:05 p.m. It was staff's opinion the public had an opportunity to address their concerns at this nighttime hearing, and that a nighttime hearing by the Board would not be necessary. There were no public comments for this item. FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County. LEGAL CONSIDERATIONS: This item is approved as to form and legality. The waiver of the night-time hearing requires a supermajority vote per LDC Section 10.03.06.K.1.b. (HFAC) GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC heard this petition at their August 18, 2022 meeting. The Planning Commission voted unanimously to forward the subject petition to the Board with a recommendation of approval. RECOMMENDATION: To direct staff to advertise and hold two regularly scheduled daytime hearings on November 8, 2022, and December 13, 2022. This request to waive the requirement 16.A.3 Packet Pg. 44 10/11/2022 to hold a nighttime hearing is pursuant to LDC section 10.03.06 K. Prepared by: Sean Kingston, Senior Planner, Zoning Division ATTACHMENT(S) 1. PL20220000207 CUD (09-07-2022) (PDF) 2. Ordinance - 090722 (PDF) 16.A.3 Packet Pg. 45 10/11/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3 Doc ID: 22982 Item Summary: Recommendation to hear a Land Development Code amendment at two regularly scheduled daytime hearings and waive the nighttime hearing requirement. Meeting Date: 10/11/2022 Prepared by: Title: Senior Planner – Zoning Name: Sean Kingston 08/05/2022 10:07 AM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 08/05/2022 10:07 AM Approved By: Review: Zoning Eric Johnson Additional Reviewer Completed 08/05/2022 3:38 PM Zoning Mike Bosi Additional Reviewer Completed 08/05/2022 3:45 PM Growth Management Department Diane Lynch Growth Management Department Completed 08/08/2022 12:44 PM Growth Management Department James C French Growth Management Completed 08/09/2022 6:18 PM County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 08/26/2022 2:57 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/26/2022 2:58 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/26/2022 3:28 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/29/2022 10:45 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/05/2022 10:57 AM Board of County Commissioners Geoffrey Willig Meeting Pending 10/11/2022 9:00 AM 16.A.3 Packet Pg. 46 1 G:\LDC Amendments\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 10/11/2022 2.03.00 2.03.03 2.03.04 2.03.05 2.03.07 2.03.09 10.02.06 10.03.06 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 Public Notice and Required Hearings for Land Use Petitions CCPC 8/18/2022 DSAC 5/4/2022 DSAC-LDR 3/9/2022 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with recommendations DSAC Approval CCPC Approval 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 established 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 16.A.3.a Packet Pg. 47 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) 2 G:\LDC Amendments\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 emphasizing 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. 16.A.3.a Packet Pg. 48 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 16.A.3.a Packet Pg. 49 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 16.A.3.a Packet Pg. 50 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 16.A.3.a Packet Pg. 51 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 16.A.3.a Packet Pg. 52 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 16.A.3.a Packet Pg. 53 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 16.A.3.a Packet Pg. 54 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 16.A.3.a Packet Pg. 55 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 16.A.3.a Packet Pg. 56 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 otherwise approved by a comparable use determination in 32 accordance with section 10.02.06 K. 33 34 c) Mixed Use Projects shall be limited to the permitted, 35 accessory and conditional uses allowed in the BZO-NC and 36 BZO-W subdistricts, and subject to the MUP approval 37 process as outlined in LDC section 10.02.15. All other 38 projects may elect to establish uses, densities and 39 intensities in accordance with their underlying zoning, 40 except as restricted in LDC section 2.03.07 I.4.b.iv., or in 41 16.A.3.a Packet Pg. 57 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).docx accordance with the Overlay Subdistrict. However, all 1 projects must comply with site development standards as 2 provided in LDC section 4.02.16. 3 4 * * * * * * * * * * * * * 5 6 N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 7 conditions for the properties in and adjacent to the Gateway Triangle as identified by the 8 designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 9 series. 10 11 * * * * * * * * * * * * * 12 13 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 14 15 * * * * * * * * * * * * * 16 17 b. Use Categories and Table of Uses. 18 19 * * * * * * * * * * * * * 20 21 ii. Interpretation of the Table of Uses. 22 a) Any uses not listed in the Table of Uses are is prohibited. In 23 the event that a particular use is not listed in the Table of 24 Uses, the County Manager or designee may determine that 25 it falls within the same class as a listed use through the 26 process outlined in LDC section 1.06.00, Rules of 27 Interpretation. unless otherwise approved by a comparable 28 use determination in accordance with section 10.02.06 K. 29 30 b) The Table of Uses identifies uses as permitted uses (P); 31 accessory uses (A); conditional uses (CU), or a combination 32 of the three. Blank cells indicate that a use is not allowed in 33 the corresponding subdistrict; however, such use may be 34 permitted by the underlying zoning designation. 35 36 c) Mixed Use Projects shall be limited to the permitted, 37 accessory and conditional uses allowed in the GTZO-MXD 38 subdistrict, and subject to the MUP approval process as 39 outlined in LDC section 10.02.15. All other projects may 40 elect to establish uses, densities and intensities in 41 accordance with their underlying zoning or in accordance 42 with the Overlay Subdistrict. However, all projects must 43 comply with site development standards as provided in LDC 44 section 4.02.16. 45 46 * * * * * * * * * * * * * 47 # # # # # # # # # # # # # 48 49 2.03.09 – Open Space Zoning Districts 50 51 16.A.3.a Packet Pg. 58 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 district 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 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 after 36 CCPC recommendation to the BZA, at an advertised public hearing based on the 37 following standards, as applicable: 38 39 a. The proposed use possesses similar characteristics to other permitted 40 uses in the zoning district, overlay, or PUD, including but not limited to the 41 following: 42 i. Operating hours; 43 ii. Traffic volume generated/attracted; 44 iii. Type of vehicles associated with the use; 45 iv. Number and type of required parking spaces; and 46 v. Business practices and activities. 47 48 b. The effect of the proposed use would have on neighboring properties in 49 relation to the noise, glare, or odor effects shall be no greater than that of 50 other permitted uses in the zoning district, overlay, or PUD. 51 16.A.3.a Packet Pg. 59 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).docx 1 c. The proposed use is consistent with the GMP, meaning the applicable 2 future land use designation does not specifically prohibit the proposed use, 3 and, where the future land use designation contains a specific list of 4 allowable uses, the proposed use is not omitted. 5 6 d. The proposed use shall be compatible and consistent with the other 7 permitted uses in the zoning district, overlay, or PUD. 8 9 e. Any additional relevant information as may be required by County Manager 10 or Designee. 11 12 3. The Administrative Code shall establish the process and application submittal 13 requirements to obtain a Comparable Use Determination. 14 15 4. Except for properties located in a PUD, each petition for CUD shall also require 16 minor conditional use approval or conditional use approval in accordance with the 17 procedures set forth in LDC section 10.08.00. For properties located in a PUD 18 where the PUD does not contain the phrase, “any other use which is comparable 19 in nature with the foregoing uses and is consistent with the permitted uses and 20 purpose and intent statement of the district" or any similar phrase that provides for 21 a use that is not clearly defined or described in the list of permitted uses, which 22 requires discretion as to whether or not it is permitted in the district, then each 23 petition for CUD shall also require minor conditional use or conditional use 24 approval in accordance with the procedures set forth in LDC section 10.08.00. 25 26 * * * * * * * * * * * * * 27 # # # # # # # # # # # # # 28 29 10.03.06 – Public Notice and Required Hearings for Land use Petitions 30 31 This section shall establish the requirements for public hearings and public notices. This 32 section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 33 Code, which further establishes the public notice procedures for land use petitions. 34 35 * * * * * * * * * * * * * 36 37 B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use, or a 38 conditional use-comparable use determination. For minor conditional use and minor 39 conditional use-comparable use determination notice requirements see 10.03.06 C, below 40 and for County initiated rezonings, see 10.03.06 K.: 41 42 1. The following advertised public hearings are required: 43 44 a. One Planning Commission hearing. 45 46 b. One BCC or BZA hearing. 47 48 2. The following notice procedures are required: 49 50 a. A NIM. See LDC section 10.03.05 A. 51 16.A.3.a Packet Pg. 60 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 15 G:\LDC Amendments\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).docx 1 b. Mailed Notice prior to the first advertised public hearing. 2 3 c. Newspaper Advertisement prior to each advertised public hearing in 4 accordance with F.S. § 125.66. 5 6 d. Posting of a sign prior to the first advertised public hearing. 7 8 9 * * * * * * * * * * * * * 10 11 C. Minor conditional use and minor conditional use-comparable use determination. 12 13 1. The following advertised public hearings are required: 14 15 a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then 16 pursuant to 10.03.06 B. 17 18 2. The following notice procedures are required: 19 20 a. A NIM. See LDC section 10.03.05 A. 21 22 b. Mailed Notice prior to the advertised public hearing. 23 24 c. Newspaper Advertisement prior to the advertised public hearing. 25 26 d. Posting of a sign prior to the advertised public hearing. 27 28 * * * * * * * * * * * * * 29 30 O. Approval of a Comparable Use Determination in PUDs pursuant to LDC section 10.02.06 31 K. 32 33 1. The following advertised public hearings are required: 34 35 a. One CCPC or Hearing Examiner hearing. 36 37 b. If heard by the Planning Commission, one BZA hearing. 38 39 2. The following notice procedures are required: 40 41 a. Newspaper Advertisement prior to the advertised public hearing in 42 accordance with F.S. § 125.66. 43 44 * * * * * * * * * * * * * 45 # # # # # # # # # # # # #46 16.A.3.a Packet Pg. 61 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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. A Minor Conditional Use-Comparable Use Determination is where the conditional use qualifies as a minor conditional use as defined in LDC section 8.10.00. 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. 16.A.3.a Packet Pg. 62 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).docx 10. A written petition that shows how the proposed use satisfies the findings outlined in LDC section 10.08.00. 11. Property information, including: 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. 16.A.3.a Packet Pg. 63 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).docx 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. 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 Notification requirements are as follows.  See Chapter 8 of the Administrative Code for additional notice information. 16.A.3.a Packet Pg. 64 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).docx Determination petitions 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. 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. 16.A.3.a Packet Pg. 65 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).docx 4. Sign: Posted at least 15 days before the advertised public hearing date.  See Chapter 8 E. of the Administrative Code for sign template. Public Hearing for Minor Conditional Use – Comparable Use Determination petitions The Hearing Examiner or CCPC shall hold at least 1 advertised public hearing. If heard by CCPC, 1 BZA 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 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-## 16.A.3.a Packet Pg. 66 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 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. 16.A.3.a Packet Pg. 67 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for 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 22 G:\LDC Amendments\Current Work\CUD Comparable Use Determination (PL20220000207)\Drafts\PL20220000207 CUD (09-07-2022).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 shall hold at least 1 advertised public hearing. If heard by CCPC, 1 BZA hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision Maker The Hearing Examiner or the CCPC BZA. If the PUD ordinance language identifies the CCPC or the Planning Director (or other similar County staff) as the authority to determine a use is comparable, compatible, and consistent, a Staff Report will be presented to the Hearing Examiner or the CCPC 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-## 16.A.3.a Packet Pg. 68 Attachment: PL20220000207 CUD (09-07-2022) (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 1 of 19 Words struck through are deleted, words underlined are added. ORDINANCE NO. 22 – ____ 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, AND SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20220000207] Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (“Board”) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and 16.A.3.b Packet Pg. 69 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 2 of 19 Words struck through are deleted, words underlined are added. WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on _______________, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on ____________, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (hereinafter the “Act”), is required to prepare and adopt a comprehensive plan. 16.A.3.b Packet Pg. 70 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 3 of 19 Words struck through are deleted, words underlined are added. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1), F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 16.A.3.b Packet Pg. 71 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 4 of 19 Words struck through are deleted, words underlined are added. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.00 ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES Section 2.03.00, Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, And Conditional Uses In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 16.A.3.b Packet Pg. 72 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 5 of 19 Words struck through are deleted, words underlined are added. 1. Rules for Interpretation of Uses. In any zoning district, where the list of permitted uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted uses, which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in LDC section 10.02.06 K it may be determined through the process outlined in LDC section 10.02.06 K. that a use not listed or clearly defined in the list of permitted uses of a zoning district is comparable in nature to a use that is a permitted use in that respective zoning district. SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03, Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office-based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. 1. Permitted uses. * * * * * * * * * * * * * 41. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serves the administrative as opposed to the operational functions of a business and are is associated purely 16.A.3.b Packet Pg. 73 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 6 of 19 Words struck through are deleted, words underlined are added. with activities conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C- 2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. 1. Permitted uses. * * * * * * * * * * * * * 73. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serves the administrative as opposed to the operational functions of a business and are is associated purely with activities conducted in an office. 74. Any other commercial convenience use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 75.74. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. * * * * * * * * * * * * * 16.A.3.b Packet Pg. 74 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 7 of 19 Words struck through are deleted, words underlined are added. C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. * * * * * * * * * * * * * 93. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. * * * * * * * * * * * * * 95. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serves the administrative as opposed to the operational functions of a business and are is associated purely with activities conducted in an office. 96. Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 97.96. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. 16.A.3.b Packet Pg. 75 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 8 of 19 Words struck through are deleted, words underlined are added. * * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. * * * * * * * * * * * * * 141. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serves the administrative as opposed to the operational functions of a business and are is purely associated with activities conducted in an office. 142. Any other general commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely 16.A.3.b Packet Pg. 76 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 9 of 19 Words struck through are deleted, words underlined are added. screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. * * * * * * * * * * * * * 182. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serves the administrative as opposed to the operational functions of a business and are is purely associated with activities conducted in an office. 183. Any other heavy commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS Section 2.03.04, Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04 Industrial Zoning Districts * * * * * * * * * * * * * B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban-industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses or are conditional uses within the business park district. 16.A.3.b Packet Pg. 77 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 10 of 19 Words struck through are deleted, words underlined are added. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: * * * * * * * * * * * * * 34. Any other use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS Section 2.03.05, Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.05 Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. * * * * * * * * * * * * * 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. * * * * * * * * * * * * * 14. Any other public structures and uses which are comparable in nature with the list of permitted uses, and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07, Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.07 – Overlay Zoning Districts * * * * * * * * * * * * * 16.A.3.b Packet Pg. 78 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 11 of 19 Words struck through are deleted, words underlined are added. F. Golden Gate Parkway Overlay District (GGPOD). * * * * * * * * * * * * * 5. Table of Uses. * * * * * * * * * * * * * b. Table 1. 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 16.A.3.b Packet Pg. 79 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 12 of 19 Words struck through are deleted, words underlined are added. 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 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 16.A.3.b Packet Pg. 80 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 13 of 19 Words struck through are deleted, words underlined are added. 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 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 Notes: 1 See LDC section 2.03.07 F.6. for specific prohibitions in the GGPOD. 2 See LDC section 4.02.26 B.14. for pollution control standards. 3 See LDC section 4.02.26 C. for design standards specific to Economic Development uses. 4 Vertical mixed use developments shall be permitted uses. * * * * * * * * * * * * * I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * * 4. Bayshore Zoning Overlay District (BZO) Subdistricts. * * * * * * * * * * * * * b. Use Categories and Table of Uses. * * * * * * * * * * * * * ii. Interpretation of the Table of Uses. * * * * * * * * * * * * * b) Any use not listed in the Table of Uses is prohibited unless the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.06, Rules of Interpretation otherwise approved by a comparable use determination in accordance with section 10.02.06.K. 16.A.3.b Packet Pg. 81 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 14 of 19 Words struck through are deleted, words underlined are added. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BZO-NC and BZO-W subdistricts, and subject to the MUP approval process as outlined in LDC section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning, except as restricted in LDC section 2.03.07 I.4.b.iv., or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in LDC section 4.02.16. * * * * * * * * * * * * * N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * * 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. * * * * * * * * * * * * * b. Use Categories and Table of Uses. * * * * * * * * * * * * * ii. Interpretation of the Table of Uses. a) Any uses not listed in the Table of Uses are is prohibited. In the event that a particular use is not listed in the Table of Uses, the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation unless otherwise approved by a comparable use determination in accordance with section 10.02.06.K. b) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTZO-MXD subdistrict, and subject to the MUP approval process as outlined in LDC section 10.02.15. All other projects may elect to establish uses, densities and intensities in 16.A.3.b Packet Pg. 82 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 15 of 19 Words struck through are deleted, words underlined are added. accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in LDC section 4.02.16. SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS Section 2.03.09, Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.09 – Open Space Zoning Districts A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district is to provide lands for golf courses, recreational uses, and normal accessory uses, including certain uses of a commercial nature. Recreational uses should be compatible in scale and manner with residential land uses. The GC district shall be in accordance with the uUrban mMixed uUse dDistrict and the aAgricultural/rRural mMixed uUse dDistrict of the fFuture lLand uUse eElement of the Collier County GMP. All uses shall be subject to design standards established in LDC section 5.05.15 H, and other applicable LDC standards. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the GC district. * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the GC district, subject to the standards and provisions established in LDC section 10.08.00. * * * * * * * * * * * * * 11. Any other recreational use which is compatible in nature with the foregoing uses as determined by the Hearing Examiner or Board of Zoning Appeals, as applicable. * * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 10.02.06 REQUIREMENTS FOR PERMITS Section 10.02.06, Requirements for Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 Requirements for Permits * * * * * * * * * * * * * K. Comparable Use Determination. 16.A.3.b Packet Pg. 83 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 16 of 19 Words struck through are deleted, words underlined are added. 1. The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses and the purpose and intent statement of the zoning district, overlay, or PUD. 2. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution after CCPC recommendation to the BZA, at an advertised public hearing based on the following standards, as applicable: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces; and v. Business practices and activities. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. e. Any additional relevant information as may be required by County Manager or Designee. 3. The Administrative Code shall establish the process and application submittal requirements to obtain a Comparable Use Determination. 4. Except for properties located in a PUD, each petition for CUD shall also require minor conditional use approval or conditional use approval in accordance with the procedures set forth in LDC section 10.08.00. For properties located in a PUD where the 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 that provides for a use that is not clearly defined or described in the list of permitted uses, which requires discretion as to whether or not it is permitted in the district, then each petition for CUD shall also require minor conditional use or conditional 16.A.3.b Packet Pg. 84 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 17 of 19 Words struck through are deleted, words underlined are added. use approval in accordance with the procedures set forth in LDC section 10.08.00. SUBSECTION 3.H. AMENDMENTS TO SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS Section 10.03.06, Public Notice and Required Hearings for Land Use Petitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.06 Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices. This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions. * * * * * * * * * * * * * B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use, or a conditional use-comparable use determination. For minor conditional use and minor conditional use-comparable use determination notice requirements see 10.03.06 C, below and for County initiated rezonings, see 10.03.06 K.: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC or BZA hearing. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. d. Posting of a sign prior to the first advertised public hearing. C. Minor conditional use and minor conditional use-comparable use determination. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant to 10.03.06 B. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. 16.A.3.b Packet Pg. 85 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 18 of 19 Words struck through are deleted, words underlined are added. * * * * * * * * * * * * * O. Approval of a Comparable Use Determination in PUDs pursuant to LDC section 10.02.06 K. 1. The following advertised public hearings are required: a. One CCPC or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. 16.A.3.b Packet Pg. 86 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination) DRAFT 9/7/22 Page 19 of 19 Words struck through are deleted, words underlined are added. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ____ day of _________________, 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By: ________________________________ , Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: _____________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/___ (__/__/__) 22-LDS-00160/___9/7/2022 16.A.3.b Packet Pg. 87 Attachment: Ordinance - 090722 (22982 : Nightime Hearing Waiver for LDC Amendment - Comparable Use Determination)