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DSAC Agenda 05/03/2023 (Revised)Co Ter C01414ty Growth Management Department Development Services Advisory Committee Meeting Wednesday, May 3, 2023 3:00 pm 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Department Conference Room 609/610 If you have any questions or wish to meet with staff, please contact Julie Chardon at 252-2413 C OICT C01414t y Growth Management Department Development Services Advisory Committee Agenda Wednesday, May 3, 2023 3:00 pm 2800 N. Horseshoe Dr., Naples, FL 34104 Growth Management Community Development, Conference Rooms 609/610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Registration Form", list the topic they wish to address, and hand it to the Staff member before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. 1. Call to order- Chairman 2. Approval of Agenda 3. Approval of Minutes: a. DSAC meeting —April 5, 2023 b. DSAC LDR Meeting — March 21, 2023 4. Public Speakers 5. Staff Announcements/Updates a. Development Review Division — [Jaime Cook] b. Code Enforcement Division — [Mike Ossorio or Thomas landimarino] c. Community Planning & Resiliency Division- [Christopher Mason] d. Public Utilities Department — [Matt McLean]- Presentation to be Provided. e. Growth Management Dept. Transportation Engineering Division — [Jay Ahmad or designee] f. Collier County Fire Review — [Shar Beddow or Shawn Hanson, Assistant Chief, Fire Marshal] g. North Collier Fire Review — [Chief Sean Lintz or Deputy Director Daniel Zunzunegui] h. Operations & Regulatory Mgmt. Division — [Michael Stark] i. Zoning Division — [Mike Bosi] For more information, please contact Julie Chardon at (239) 252-2413 or at Julie.Chardon@CollierCountvFL.gov 7. New Business a. Provide an update on the County's view of Senate Bill 250 and its House companion bill. b. US 41 East Zoning Overlay Land Development Code Amendment (LDCA) c. Utility Conveyance Policies and Procedures Case Study 8. Old Business 9. Committee Member Comments 10. Adjourn FUTURE MEETING DATES: June 7, 2023— 3:00 pm July 5, 2023— 3:00 pm August 2, 2023- 3:00 pm For more information, please contact Julie Chardon at (239) 252-2413 or at Julie.Chardon@CollierCountvFL.gov Development Services Advisory Committee Attendance Roster — Date: May 3, 2023 DSAC Members **Must have (S) members for a quorum** James Boughton"�� Norman Gentry: Excused Clay Brooker: Mark McLean: Jeffrey Curl: _ _� -_ Chris Mi Laura Spurgeon D�el Robertulhere: Excused David Dunnavari Jeremy Sterk: Jo Mario Ile arco Es William Varian:. Blair Fa y: Staff Members James French Department Mead, GMCDD Michael Ossorio Director, Code Enforcement Jay Ahmad Director, Transportation Engineering Matt McLean or designee Director, Public Utilities Michael Stark Director, Operation & Regulatory Support Jaime Cook Director, Development Review Michael Bosi Director, Planning & Zoning Diane Lynch, Management Analyst Staff Liaison, Operations & Regulatory Management Julie Chardon, Operations Support Specialist Staff Liaison, Operations & Regulatory Management ' mace �7w-di ZCclZaeB b�o¢i Sign -in Sheet (Public) May 3, 2023 DSAC Meeting Please Print NAME REPRESENTING PHONE NO. STULN,4n,7rrpy./ C-c 17j0 Z 39 - F5 C zS>SJ cL_ Cab tJ11, c ;� 64!>.'-L�G_C-_ r[ l - L r `5Lq Ll I'1 V G QAA �-a C1k�G-�-� krU,. - t3 I 4 0Q39 - `•`mil - 2 4 51 nn L Name (Ori€ User Email Duration (P Guest Kevin Sumr kevin.sumr 166 No al key 147 Yes matthew.mclean 54 Yes Internet User (Derek D 4 Yes DonnaGuitard 56 Yes MarleneSerrano 57 Yes Jamie French 53 Yes FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME --MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE DeJohn Laura Spurgeon Development Services Advisory Committee MAILINGADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2350 Stanford Ct WHICH I SERVE IS AUNITOF: ❑ CITY XCOUNTY Q OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Naples Collier Collier County DATE ON WHICH VOTE OCCURRED 5/3/23 MY POSITION Is. ❑ ELECTIVE IX APPOINTIVE WHO MUST FILE FORM SB This form is for use by any person serving at the county, city; or other local level of government on an appointed or elected hoard, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes, Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163-356 or 163,357, F.S., and officers of Independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not fisted on any national or regional stock exchange), ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assemblythe nature of your interest In the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must compiete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 1112013 PAGL 1 Adopted by reference in Rule 34-7.010(1)(f1 F,A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. Laura DeJohn DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, May 3 20 23 X inured to the special gain or loss of Collier County , by whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as foliows , which Item 7.b is a Land Development Code Amendment proposed by Collier County. My employer, Johnson Engineering, Inc. is retained by Collier County to prepare the Land Development Code Amendments, and I have worked on preparation of the Amendments that are being considered by the Committee. Therefore, I will abstain from voting on any recommendations regarding the Amendments. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 5/3/23 Date Filed AUA,9- ger r Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR.A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1112013 PAGE 2 Adopted by reference in Rule 34-7,010(1)(f, F.A.C. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM11E—FIRST NAME�—MIDDLE N E / NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMYFTEE + "� (I C �' , .may 2 ( (f— MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 9 / �- %�� WHICH I SERVE ISAUNITOF: CETY� I �[� COUNTY Q C OUNTY ❑OTHER LOCAL AGENCY i r L S L J '7 �/ 73 NAME OF POUTICALSUBDIVIS ON: DATE ON WACH OTE CCU ED NYPOSITION IS: -IS /Z,3 n ELECTIVE lik APPOINTIVE WHO MUST FILE FORM 813 This form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and ncn-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUSTABSTAiN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest In the measure on which you are abstaining from voting; and WETHIN 15 GAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating In these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 513 - I=FF, 1112013 PAGE 1 Adopted by reference in Rule 34.7.010(i){0, F.A.C. APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is Fled, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST k.4 hereby disclose that on. 20 Z3 (a) A measure came or will come before my agency which (chock one or more) Xinured to my special pnvate gain or loss; inured to the special gain or loss of my business associate, — inured to the special gain or loss of my relative inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: by , which U `c_ ('.CAArg-e�.` V (J d zjj jam- C5 e c� rCT w �r i j 1-(,L �-tt fit-[ ✓� � ✓c`7 j C[.. P`S If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attomey, may comply with the disclosure requirements of this section by disclosing the nature of the Interest in such a way a$ to provide the public with notice of the conflict. f' Date Filed r Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB - EFF. 1112013 PAGE 2 Adopted by reference In Rule 34-7,090(1)(0, FA.C. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE (,-L ll s N- J o ta„s S7i A*,� Cocu q�-w d 5 4 e__ MAILINGADDRESS THE BOARD, COUNCIL, CO ISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS AUNIT OF: CITY ! C/ COUNTY L2 CITY Aou.vvy ❑ OTHER LOCALAGENCY �L NAME OF POLITICAL UBCMSION: DATE ON WHICH VOJ9 OCCi1RRED Od MY POSITION I5: 5—/71&z,-3 ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local Level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or foss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-{aw, mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, Joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest In the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE. MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence Line decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form In the minutes. (Continued on page 2) GE FORM 813 - EFF, 1112013 Adopled by reference in Rule 34-7.010(1)(0, F.A.C. APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSiON AT THE MEETING. • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on 1`yl `t 3 , 20 Z� (a) A measure came or will come before my agency which (check one or mare) inured to my special private ga}n or loss; Inured to the special gain or loss of my business associate, /c, = C 1 S inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest In the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules goveming attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the Interest in such a way as to provide the public with notice of the conflict. 44 2 " , Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNnS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. GE FORM 8B - EFF. 1112013 PAGE 2 Adopted by reference kn Rule U-7.010(1)(0, FAG. w FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME ---FIRST NAM rz--MIIDDLE NAME If�C�ooKEt� CLAY CoiY10L MAI LI N G AOOR ES S zti 5+>1 Avt= s CITY COUNTY WA?tEs Cowell DATE ON WHICH VOTF OCCUNKED IVl RY 3 202-3 NA EOF BOARO, COUNCIL, COMMISSION, AL, THORITY, OR c'(WAIITEE Deye.opmeAT s6mc-es AriosootY Coot,4oyegE THE BOARD, COUNCL. COMMISSION.AUTHORITY OR COIAMITTEE ON "HICK I SERVE ISAUNIT OF: , U CrrY 4COLN-FY ❑ OTHER LOCALAOENCY NAME OF POLITICAL SUB❑IVI61DN: MY POSITION Is: L] GLECTNE APPOINTIVE WHO MUST FILE FORM 8B This form Is for use by any person serving at the county, city, or other local ievel of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies vino are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and fling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting an a measure which would inure to his or her special private gain or toss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate, Commissioners of community redevelopment agencies (GRAB) under Sec. 163.356 or 153.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting In that capacity. For purposes of this law, a "relative" Includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or Carrying on a business enterprise with the officer as a partner, joint venturer, ccowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or Tag ionat stack exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your 'interest In the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form In the minutes. APP01NTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112,3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKE N. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 613 - EFF, 1112a13 MAUL- 1 Adopted by reference in Rule 34.7.610{1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST CLAY 8 (ZOOM rL , hereby disclose that on lk7AY 3 .20 23 (a) A measure came or will come before my agency which (check one or more) ____, inured to my special private gain or loss; Inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ?L inured to the special gain or loss of IM00 ff-Cf M LLC- by whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure Is as follows: My WlEwr tea= Plzo?GN worem WILL (69- AFF:6eT60 &I rkF p,*VS�D US y1 CAST ZdNtNc, OVIILLAV , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who Is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the Interest in such a way as to provide the public with notice of the conflict. 5- 3-23 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,DD0, C£ FORM aR - EFF, 1112013 PAGE 2 Adopted by reference 3n Rule 34-7.011)(1)(0, F.A.C. FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NA E—MIDDLE NAME NAME qA C UN IL. COMMISSION. AUTHORITY, OR COMMITTEE MAILVNG ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS UNI7 OF: ❑ CITY OUNTY ❑ OTHER LOCAL AGENCY CITY ! COUNTY NAME OF POLITICAL 8U9Dv1SION. DATE ON VbHi H VOTE OCCURRED MY POSITION I5 Z3 ❑ ELECTIVE PPOINTIVE WHO MIDST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange), ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or m writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN - You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes, (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. j Y DISCLOSURE OF LOCAL OFFICER'S INTEREST I, 7- hereby disclose that an All20411, ,e (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss: inured to the special gain or loss of my business associate, c inured to the special gain or loss of my relative, _— inured to the special gain or loss of whom I am retained: or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed VV ig u NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10.000. CE FORM 813 - EFF. 11l2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f). 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W CL O aQ Q O W Q Z Q cc April 5, 2023 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, April 5, 2023 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 Horseshoe Drive North, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker Chris Mitchell (excused) Robert Mulhere Mario Valle Norman Gentry Marco Espinar Laura Spurgeon-DeJohn Jeremy Sterk Jeff Curl John English Mark McLean ALSO PRESENT: Craig Brown, Development Review Jeff LeTourneau, Supervisor, Code Enforcement Jamie French, Department Head, GMD Drew Cody, Senior Project Manager, Utilities Planning Mike Stark, Director, Operations & Regulation Management Mike Bosi, Director, Zoning Division Diane Lynch, Management Analyst 1/Staff Liaison GMD Julie Chardon, Ops Support Specialist II, GMD April 5, 2023 Anypersons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. 1. Call to Order - Chairman Chairman Varian called the meeting to order at 3 p.m. A quorum consisting of 11 members was convened; three arrived later. 2. Approval of Agenda Vice Chairman Foley moved to approve the agenda. It was seconded by Mr. Curl. The motion passed unanimously, 11-0. 3. Approval of Minutes a. DSAC Meeting — February 1, 2023 Mr. McLean made a motion to approve the March 1, 2023, DSAC meeting minutes. It was seconded by Mr. Mulhere. The motion passed unanimously, 11-0. b. DSAC-LDR Meeting — September 21, 2022 Mr. Curl made a motion to approve the September 21, 2022, DSAC-LDR Subcommittee meeting minutes. It was seconded by Vice Chairman Foley. The motion passed unanimously, 4-0, Mr. Mulhere abstained because he was excused from that meeting. 4. Public Speakers (None) 5. Staff Announcements/Updates a. Development Review Division — [Craig Brown, Supervisor] Mr. Brown said there was nothing new to report and asked if there were questions. [There were no questions.] b. Code Enforcement Division — [Jeff LeTourneau, Supervisor] Mr. LeTourneau submitted monthly statistics from February 22 March 21 and reported that. • We're getting a new director starting Monday, (Tom Iandimarino), and Mike Ossorio will be moving to the Parks & Rec division. • There's been an uptick in code cases over the last month, mainly due to our staffing, which is getting close to full capacity. • We just had three trainees go out in the field and we have three more people coming in and we'll be at full staff once they're trained. • There's been a big uptick in illegal RVs in the Estates being used as rental units. We're going to start taking a hard look at those proactively. We've been getting a lot of complaints. Mr. Curl asked how they could be proactive if most are hidden from view. Mr. LeTourneau said they need to rely on neighbors, but they can see some from a legal vantage point from the road. It's not provable from the road unless we can stake it out and see people pulling in at night and parking there, going in with their lights on at night, utilities hooked up, etc. But we often need to get onto the property or a neighbor's property to verify that it's a violation. [Mr. Gentry and Mr. Valle joined the meeting at 3: 07 p. m.] 2 April 5, 2023 Mr. Curl noted that there's a lot of sign clutter starting to creep up, illegal signs for XYZ with no permit number at the bottom. Will you address that, too? He's seen that from the road. Mr. LeTourneau asked if he's talking about rights -of -way or signs on people's properties. Mr. Curl said Joe Blow's XYZ business is there and there is no permit number at the bottom of the sign, so you know it's not a legal sign. Mr. LeTourneau said he'd mention that to the new director so they could start proactively approaching that. Two men work on weekends pulling signs out of rights -of -way, but they're not code investigators. They focus on garage sale signs. Mr. Curl said he was talking about advertisement signs, not garage sale signs. Mr. LeTourneau said he'd tell the new director about that. c. Public Utilities Department [Drew Cody, Senior Project Manager, Utilities Planning] Mr. Cody reported that. • Last month, he reported that we were having problems in the deviation system. We reached out to the vendor to get them fixed. This month, you don't have a deviation chart because we engaged with the vendor and the whole system got much worse. After 2'/2 hours of trying to put a chart together for DSAC, it didn't make sense, so he wanted to report that to you. • We've got the deviations moving and are having an internal meeting about it. • The regular reports are in the packet. • We're still cataloguing utility standards and are expecting to meet with Matt in the next two weeks to look for some prioritization. • We're still soliciting feedback for issues you want us to review in our standards. Mr. Mulhere said these are deviations from the standard utility design requirements and are probably fairly typical deviations. You probably don't get many wild, off-the-wall deviations. Mr. Cody said that was correct. A lot of what we see involves minutiae that tells us this one runs under or near another structure so we need to evaluate this one differently so we're meeting tomorrow. Mr. Mulhere said there are some unique things, but there may be some that may no longer be deviations once you look at the standards. Mr. Cody said we're trying to catalogue those because he has to fight a system that's collapsing to enter each one. He has to type in everything that already was submitted on forms again, so he's excited about the idea of that not having that be a deviation. d. GMD Transportation Engineering Division (None) e. Collier County Fire Review None f. North Collier Fire Review [Daniel Zunzunegui, Deputy Director] Mr. Zunzunegui detailed his March report. • We have a roughly five-day turnaround time for building review and four days for planning. • We conducted 629 reviews, with 583 building and 46 planning -development review related. • Only 20 came in for a third review (a second correction), so that shows our team continues to communicate code issues and provide solid code paths to work across the table to get permits issued. • He hopes the DSAC finds us approachable, that we pick up the phone, answer emails and we're collaborating. • We have 200 active permits in the queue distributed through the team and they're working hard to get them out in a timely fashion. • Two new members joined, so he'll bring them to the next meeting to introduce them. April 5, 2023 Mr. Mulhere said that looking at the stats, after zero plats pages recorded for two months, this month there were six, a record. Chairman Varian said he also noticed that. g. Operations & Regulatory Management Division — [Michael Stark, Director] Mr. Stark discussed the March statistics and reported that: • He's learning every day while working with staff. • Some of the responsibilities for our division include overseeing the business center, which includes permit intake, as well as client services, the call center, finance and budget, cashiering, contractor licensing, records management, quality control, training and technology, which includes hardware and software applications, as well as GIS addressing and dedicated operation support staff. • We try to exceed expectations every day. We maintain active hours at several business centers, including Horseshoe Drive North, Orange Blossom, Heritage Bay, Immokalee and Everglades City, to ensure customers receive prompt services. • Those locations welcomed 205 customers, with 115 in Immokalee alone. • The call center received 6,500 calls to the main 252 number, with only 187 calls dropped. We're a one -stop shop. • Page 2 shows the numbers for permits applied for by month. The department received 4,861 permits through the CityView system, with a running annual total of 24,288 permit applications. • 655 permits were related to Hurricane Ian. • 217 permits are currently in routing as of April 3. • The zoning front desk has 142 spot surveys, with 76 CO holds. • Staff continues to coordinate with Building Review, Contractor Licensing, FEMA and the CityView team regarding post -hurricane recovery permitting and our temporary trailers. • Staff processed 26 short-term vacation rentals, with 79 for the year. That doesn't include the Code Enforcement count for trailers in backyards. • Over the past three weeks, under Jason Badge, staff have been testing the CityView software application. His team and other team members have dedicated Saturdays to ensure the software application updates remain functional and exceed expectations. • Julie Chardon, who is here today, is new to our team and we want to welcome her on board. If there's anything you need for the board meeting, scheduling and any other services, reach out to Julie. • We have 30 open positions within the department, with the majority due to internal promotions, so we've had opportunities to fill positions from within. That's one of our main goals. • We worked diligently to address open positions in coordination with HR and are still working to ensure they're filled as quickly and efficiently as possible, while also looking at opportunities to fill those positions through industries in Collier County and the local school system. Chairman Varian noted that inspections were at 27,000 and asked if there was a lot of overtime involved. Mr. Stark said they did some analysis on that. For those inspections, there was no Code Enforcement. We did the majority of that analysis first. There is still available overtime and there was an overtime cost associated. Chairman Varian asked if it was just in-house now. Mr. Stark said they're looking at that. Chairman Varian mentioned that on page 7 of the reports, the front zoning counter permits applied for. Can those be done online? Do they have to be done at the counter? It looks like you have temporary -use permits and commercial certificates. Can those be done online? Mr. Stark said he'd get him that answer. El April 5, 2023 h. Zoning Division — [Mike Bosi, Director] Mr. Bosi detailed the March report and noted that: • We'd been running a deficit within the zoning staff of three vacancies. We were able to fill one with an outside candidate, so we now have two. Hopefully, the labor market will loosen a bit. • At the last Board of County Commissioners meeting, they approved four of the last of the 2017 Collier Housing Plan amendments, density and Activity Centers, density along transit lines, conversion of commercial zoning to residential when affordable housing is provided for and strategic opportunity sites, allowing for high -density residential when you have high economic opportunities. • We provided the BCC with an update of the recently signed Live Local Act, Senate Bill 102. It allows for any properties — mixed -use, commercial or industrial — to be developed at the highest residential density allowed within the county. Thanks to Mr. Mulhere, that's 92 units an acre. If you're providing affordable housing, the minimum requirement would be 40% of units dedicated to 120% of AMI, which is roughly 10% below market rate. No public hearings would be required. You're also entitled to the tallest height within a mile from your project location, so if it's within a mile of the Mini Triangle, that's 162.5 feet. • All commercial properties along Davis Boulevard will have opportunities and that height will change the complexion. The county will be prohibited from requiring a rezone process because developers will be entitled to it. How it fits on the site falls upon the architect, all the components of landscape, buffering and water management, all the components within the height that you're allowed within that mile area with the densities that you're allowed. • It becomes an SDP exercise. That's what would be required. You're entitled to the density. What you have to satisfy is everything else associated with an SDP. You're going to see more recognition of that. • Commissioner McDaniel was hesitant about allowing the conversion of commercial for C4 and C5 properties. The BCC removed that from the conversion process due to concern from neighbors and staff. • C4 and C5 industrial properties are valuable commodities within the economic development activity of Collier County. We need those and they're scarce. We know urbanized industrial properties are always under pressure and now they've got additional pressure from affordable housing. There's density allocated to it that's lucrative in terms of the number of units that you can provide for. Or if you've got a tall structure, you're going to be able to fit a good number of those units within those areas, so there may be further pressure on those commercial properties and specifically industrial properties that will be a concern if many developers take advantage of the Live Local Act. • On April 11, the BCC will be looking at the administrative code. It's on the consent agenda. He doesn't expect it to move, but at the last BCC meeting, there was a Bert Harris settlement discussion related to the Links of Naples, which is on the East Trail past SR 951, no night golfing. It's ag- zoned, a conditional -use in a conditional -use. If it's discontinued for more than nine months, our code says it's out, gone, no longer valid. • The way the golf course conversion is written, it includes that in part of the golf course conversion. They would have to satisfy the intent to convert process, which has a demand for a 100-foot buffer. There is language that says the BCC can approve alternative standards. They could modify that, but the strict reading allowed the Links of Naples in April to initiate Bert Harris claims because of that additional taking, or the claim of taking, whether it's the 100-foot buffer that wouldn't be required for any other residential development that would be moving forward. • The BCC rejected that settlement agreement and decided to fight this because one of the things associated with the Links of Naples is that it's in the Rural Fringe Mixed -Use District Receiving Area. The most they could get is one unit per acre and they would have to use TDRs. The settlement the County Attorney's Office arrived upon was three units per acre, so they've decided to fight that in court. April 5, 2023 • The other aspect that it led to is that on April 11, the Board of County Commissioners will evaluate whether they want to maintain the intent to convert process for golf course conversions or if they want to get rid of the entire process. After the two golf course conversions we had, outside of the Golden Gate Golf Course, which we bought, they found that the majority of the golf course transitions weren't that contentious. But the Riviera and the Ironwood Golf Course have led to both parties entrenching themselves, with no real communication, give and take, discovery or improvement. It takes up a year of resources, time and public meetings and the outcomes haven't been favorable and haven't led to agreements or compromises. This will impact how we move forward with golf course conversions in the future. • One perspective is to have them go through a straight rezone process and if they want to be entrenched, they want to be entrenched, but it's not going to allow for an early application of a Bert Harris claim because you don't know what the requirements are going to be in terms of the additional buffering or additional space that the BCC may impose upon that development without the code demanding a 100-foot buffer. • For land -use petitions public hearings, we have four on April 11, five on April 25, one on May 9, five on May 23, eight on June 13 and five on June 27, so the Board of County Commissioners is loaded. Not all will be summary agendas. • We've have some on Thursday before the Planning Commission. We have a GMP and a rezoning for The Carlisle Naples, including about 336 additional apartment units. Residents along Orange Blossom Road are up in arms. It's going to be controversial. • We have a couple of self -storage facilities that we anticipate will have some baggage, so the BCC will be having some long meetings. Land -use will weigh them down. • They may get a little lighter. Over the past three to four months, the request for pre -application meetings for entitlements has slowed down, which could be due to a slight pullback in terms of the entitlements needed. A ton are going through now. It's unknown how that will affect the next six to 12 months, but we have a heavy load for the next three months. • As you know, the BCC won't be taking a summer break. They don't want anything controversial over the summer, but they want to have meetings. We're going to try to balance controversial items with opposition to get through it. Mr. Brooker asked if he was aware of Senate Bill 250, which is working its way through the legislature now. The bill will hold that from September 2022, after Hurricane Ian hit, no local government can adopt a more restrictive land -use regulation until the end of October 2024, and any bill, regulation or law that was adopted since that time would be void. It's in its third reading in the legislature. The City of Naples is keenly aware of it. Has Collier County adopted anything more restrictive since Hurricane Ian? Mr. Bosi said he hasn't been watching that bill, but he should be. He's not sure Collier County has adopted new land -development code regulations that could be construed as more restrictive, which could be deemed null and void. He'll have to check with the County Attorney's Office. If so, we don't get to debate it. We're obligated to follow what the state says. [Ms. DeJohn joined the meeting at 3:31 p.m.] A discussion ensued and the following points were made: • The definition is more burdensome and more restrictive. • If passed, the law would sunset in October 2024. • It would affect new land -use codes that are more restrictive or more burdensome. • The easier thing to do is to not adopt anything more burdensome or restrictive. • The county wasn't aware of this last fall, so whatever was adopted, we'll have to review it. • The rationale behind the bill is to allow people to get back on their feet after Hurricane Ian destroyed their livelihoods. n April 5, 2023 Mr. French provided an update about the AHAC resolution and DSAC ordinance: • He has to change the ordinance to allow a non -voting member of AHAC on the committee. • He noted that AHAC Vice Chair Jennifer Faron was in the audience and offered to send a notification to DSAC members about AHAC meetings, if they want to attend. • He has to advertise the ordinance and received permission to do that. • We got a 4-1 BCC vote to access the $20 million in surtax dollars toward affordable housing. We still have to take it to the Surtax Subcommittee because the referendum requires their approval. Then we can begin to solicit and consider properties for the BCC to expend funds on, whether it's a deal with a developer, vacant land or somebody who wants to sell land. • There is criteria that says high -risk high coastal areas will be eliminated. There's also an adopted scoring criteria that staff would make recommendations on that's similar to the Conservation Collier process. • We're working on some other affordable -housing initiatives. We're working with Laura (DeJohn) on one and just met former DEO Secretary Dane Eagle, who now has a private consulting firm in Tallahassee. He's working with Verizon as a go-between. We're looking at that land development code involving cell towers and marinas. • There's a lot of work we're still processing. There were more plats recorded, but not a lot of density to them. They're pretty simple. 6. New Business Mr. Dunnavant requested that an item be put on New Business for next month's agenda: • A local businessman was trying to open a project to turn it over to a tenant. He had as many contacts as DSAC members do in the county. By the time they went through everyone to open in a timely manner, it caused anxiety and frustration over some county requirements for private assets of utility and sites. He's asked about the release of lien requirements, inventory of assets or the items being incorporated into the systems. They're not their systems. It stops at the county backflow. It's all private and the test of doing that within the 45-day time frame for bacterial testing on lines being put into service in the county becomes onerous. If you miss the 45-day window, it takes 1 %2 to two weeks and now you're dealing with those issues. What's the history of the 45-day requirement? It was 30 days in Collier County. It was increased to 45 days in Florida, and 60 days for the FDEP. After we get our engineers, we have to get the lines signed off, they submit to the county for signature and then it goes to Fort Myers for DEP to sign off. Why are we at 45 days and Florida is 60? [Mr. Valle left the meeting at 3: 36 p.m.] He hears there's been talk in the past about this. Matt put together a phone call yesterday with (Assistant County Attorney) Derek Perry and (county engineer) Jack McKenna and he asked if there were legitimate reasons for that. He wanted to know who the county is protecting. Why is the county involved in payment of contractors when they have contract law and construction lien laws that can encumber our real property once you come onto the private property? Please verify that the systems are constructed properly and we'll go through all the inspections. Some of the closeout paperwork is meddlesome, intrusive, and terribly difficult within a 45-day period. It would be better at 60 days. He doesn't understand why the county does this and who it's protecting. These are private items that have been inspected by the county for proper installation. [Mr. Valle rejoined the meeting at 3: 38 p.m.] 7 April 5, 2023 Vice Chairman Foley said he appreciated that point and told the DSAC: • We, as a subcommittee, and the Utility Subcommittee worked with staff five to seven years ago and took it from a double process of preliminary and final to a single process and that's now in place. • There has been some history where we can work on this. It's a good idea to bring up, but you're in deep on it so your knowledge would be helpful to come to the table with me, John, Matt and his group and maybe Development Services as well. They're willing to listen and look at these applications because this process is like other municipalities. It's a little different. Some are more onerous and some are less. • We should sit down and come up with ideas and answers about why these documents are needed. If they're written into an ordinance, maybe that could be modified. Mr. French thanked him for bringing it to his attention and told the DSAC. • He hasn't had the opportunity to speak with him yet about this. • He noted this was a giant effort to get this down to a single phase. • He'd be happy to bring the project back to discuss because he also has questions. • We can lay the project out on the table. This is Ace Hardware's project. • He spoke to Mike Wynn often about this project, as well as Baron Collier, PBS and Heatherwood. He's spoken to all the contractors and so has staff. • The question is when you connect to a public utility, what happens if you default and the county hast to take over? Those are the conversations we need to have with Public Utilities and Matt needs to spearhead that effort. • We deal with this too, but we don't write policy. We review for consistency. This should have been a Public Utilities discussion on policy. He agrees with Dave. He's sorry he wasn't on the call but didn't know about it. Mr. Dunnavant asked: How does a private developer default on a system that you've signed off on and accepted? Mr. French responded. • You're hooked to a county utility, so the county lays out the terms and conditions if you want them to provide service. It's no different from the way it's done in Ave Maria. They own the utility and as a regulatory body, they review for that when setting up your franchise. • You set those rules as a utility and those rules may have been in place from a former administration. Whether or not they need to be dynamic or static, it's a good question. As we've advanced, whether there's bonding involved, warranties involved, etc., but in this case, the developer/landowner owns everything on the site. • You're saying, "What does it matter if I've got encumbrances, or I've taken out a loan on this utility?" If I default on that, the community or development falls into disarray and the county must go in and take it over. • Those are the questions he has. That's his understanding of why that was written. • This is probably not the time to have this discussion. Staff needs to be at the table. A discussion ensued and the following points were made: • Some of those standards don't make sense in the development world. • If a private developer defaults, the county shuts it off at the property line and that becomes their issue and it's no longer part of your system. The county has that control. • What if there are other businesses there? • What a default is needs to be discussed. This also affects parking lots. We have to get a release of a lien for the amount of asphalt and curbing we do in a private SDP. Why? Saying this is how it's historically been done is not an answer. Why has it been done this way? April 5, 2023 • This can be put on the DSAC agenda for next month. • This is a very specific project. Maybe a committee should be set up to discuss this. No one is opposed to modifying it. It's onerous. • This has been occurring since at least 1995. • There's room for a discussion to see both sides and improve it. • Look at what other municipalities do. It's not the same. Some subcontractors refuse to work in Collier County. This is a long, cumbersome process. It's inefficient. • We haven't had one commercial development that hasn't required a TCO to complete the turnovers. • The way the process works is unreasonable. • The issue is the way the way the process works and what it takes to get a full CO. We can debate what it protects and what it provides the public. • Most contractors fail on the first submission because they're missing documentation. • It doesn't matter what the project is, it's the process that needs to be changed. • We need to determine the rationale for 45 days versus 60 for the DEP. Why are we reinterpreting code? • A lot of these rules date back to the 1980s. We need someone at the table with institutional knowledge. Craig is the longest member on this team and wants to work to fix these things. He asked for Mr. French's input and support. • We need to find where this occurred originally in the ordinance and why. A lot of the records are in a box in a warehouse. • They are included in the current code by reference. What is the cross-reference and what are the constraining documents? They're adopted by ordinance and the ordinance adopts the Utility Standards Manual by reference. • A university conducted a study that said bacteriological tests were good for 45 days, although the state DEP only recognizes them as valid for 60 days. • We do all the plan review for consistency. The reason why we took it over from Public Utilities is predominantly because of the timelines we started to demand after the recession. A discussion ensued about exotics and the following points were made: • The DSAC will be looking at exotics again. There are over 9,000 lots still plotted in the Estates. We're starting to see a high amount of development and code cases about exotics. It's creating an issue so we're reviewing how the Water Management District handles it because they allow up to 5% to remain exotic for lot clearing. Jaime Cook is working on that and we're doing our best to try to mirror state efforts, even on clearing wetland areas. • Exotics turn into kindling during fire season. • They're just trying to create fire breaks and clear their property, but then a neighbor calls Code Enforcement about illegal clearing, an excessive amount of clearing, because there's a certain amount of native habitat that needs to remain. Sometimes it's wetlands. The DSAC discussed upcoming meetings and made the following points: • Mike Ossorio will stay through June to help with the transition to Tom Iandimarino, who worked in the parks system for 25 years. We can introduce Tom to the DSAC next month. • Chris Mason, the new director of Community Planning & Resiliency, is looking to adopt the new flood elevation maps. We'll have him speak to the DSAC. • The DSAC-LDC will meet at 2 p.m. April 18. They need to determine if they have a quorum. You must abstain if you have a current project in that area and the vote would benefit you or your client. 6 April 5, 2023 A discussion ensued over the new bill about instituting more restrictive regulations and the following points were made: • It will curtail further LDC amendments if they're more restrictive. • The intent of the bill was to stop Fort Myers Beach from regulating developers from being able to rebuild anything and it was expanded. • It's not going after the LDC changes we do here, but it will get sucked in. • The bill targets specific locales where post -hurricane rebuilding is going on, Captiva, Sanibel, Fort Myers Beach and the City of Naples. • You can amend codes to allow good things that are less restrictive but must take out anything that's more restrictive. Old Business None 8. Committee Member Comments None 9. Adjourn Future Meeting Dates: May 3, 2023, 3 p.m. June 7, 2023 Mr. Valle made a motion to adjourn. It was seconded by Mr. Boughton. The motion passed unanimously, 14-0. There being no further business for the good of the County, the meeting was adjourned by the order of the chairman at 4:09 p.m. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE William arian, Chairman These min were approved by the Committee(Chairman an S 3 23 as presented (choose one) , or as amended H March 21, 2023 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW SUBCOMMITTEE MEETING Naples, Florida, March 21, 2023 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee-LDR Subcommittee, in and for the County of Collier, having conducted business herein, met on this date at 3 p.m. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: Clay Brooker Robert Mulhere (excused) Mark McLean Jeff Curl (excused) Blair Foley (excused) William J. Varian James E. Boughton Mario Valle ALSO PRESENT: Eric Johnson, LDC Planning Manager Richard Henderlong, Planner III Zachary Karto, Planner III Michele Mosca,Planner III March 21, 2023 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. 1. Call to Order — Chairman Chairman Brooker called the meeting to order at 3 p.m.; a quorum of five was present. 2. Approve Agenda Mr. Valle made a motion to approve the agenda, as amended. Second by Mr. Boughton. The motion was carried unanimously, 5-0. 3. Old Business (None) 4. New Business a. PL20220008725 U.S. 41 East Zoning Overlay (US 41 EZO) [PowerPoint Presentation] Mr. Johnson said Zak Karto will be seeking input, comments and, hopefully, a recommendation. Chairman Brooker noted that some members, including him, have a conflict and can't vote, but will participate. Mr. McLean said he also has a conflict and turned in disclosure Form 813. Ms. Mosca noted that they've been working with the East Naples community for many years. There's a complete draft of code amendments the community saw and made changes to. We have challenges in applying the regulations and your input will help make this a great product for the community. She presented a PowerPoint and gave a detailed overview: • There are three subdistricts. • This corridor has been under study for a long time. • This was completely prepared and approved by the East Naples Civic and Commerce Association. • In 2018, we were directed by the BCC to conduct a study and gather public input. • In 2019, the BCC directed staff to prepare the East Naples Community Development Plan to provide guidance on development and redevelopment. • We talked heavily about balancing development, green space, beautification and space for residential and commercial on the corridor. • This took about a year, with three to four workshops and extensive public input. • We implemented a strategy, the U.S. 41 East Zoning Overlay. • The corridor begins at the Collier County Government Center, goes along U.S. 41 and skips the Rural Fringe District and goes up to the east side of Port of the Islands. • There was a kickoff meeting with staff, public and Zoom meetings, surveys, team and stakeholder meetings, as well as an email residents could respond to. • We wanted to stay away from sensitive lands. • 92 landowners wanted to participate in the overlay. • Some of the amendments to the overlay involved increasing height density. • We had to move forward with an amendment for enabling uses. Chairman Brooker noted that he looked at this earlier and this is not verbatim what we're seeing today. 2 March 21, 2023 Ms. Mosca said the Zoning Overlay is the driver for the Comprehensive Plan Amendment. We're hoping to go to the full DSAC in April, then the BCC meeting to transmit the GMP amendment in April and then to hearings. Chairman Brooker asked what the waiver requirement was. Ms. Mosca said they plan to go before the Planning Commission in July for an LDCA review and GMPA adoption. It requires two hearings, including one night hearing. Eric will ask for a waiver of the night hearing. Chairman Brooker asked if two evening meetings were required. Mr. Henderlong noted that one night meeting is a code requirement, not a statutory requirement. Ms. Mosca detailed the current conditions on U.S. 41 and noted that. • There are drive -through facilities on the roadway now and the community wants those moved to the rear of properties. • There are a lot of older strip buildings. • There is no protection for bicyclists on the roadway. • Sources included the East Naples Community Development Plan and public input, the Golden Gate Parkway Overlay District (GGPOD), Bayshore/Gateway Triangle Zoning Overlay, and other community best practices. • We're trying to move forward with C-4 to allow for a more rural feel. • The community wants to move forward with an urban -type center. • Port of the Islands had concerns about not being able to participate. They have a development agreement with the developer and state and we're limited by that agreement. • Regional centers will have higher densities. Rattlesnake -Hammock Road and Thomasson Drive will have higher density, up to 20 units per acre. • Existing Activity Centers allow greater height. • We want to provide for higher uses in Community Centers, which are marked in green. • Among them are St. Andrews Square, Whistler's Cove and Greenway Road, which has a 7-Eleven. • We'd like to see more neighborhood uses. • The blue area is a general corridor district, which doesn't allow for additional density or heights. None of the economic development uses are allowed. • Whitelake allows outdoor storage. It may be good to allow a conditional -use if the development would benefit the county and outdoor storage is part of the use. Chairman Brooker noted that there was a public speaker and asked that he be allowed to speak now. Christopher Shucart, president of JCS Realty Group, told the board. • He owns property on the Tamiami Trail and is a member of the East Naples Civic Association. • He's excited to see this moving forward. It's paving the way for the community and more units. • How did the boundary of each community/nodule get defined? • He'd love to see Vincentian Village/Whistler's Cove get extended. • We would love to have the opportunity to look at 16 units per acre and have the opportunity to tear down buildings that were built in the 1970s and expanded in the 1990s. • It would be important to us and to a potential developer. Ms. Mosca said the Regional Centers are existing Activity Centers, so it made no sense for staff to follow those, specifically Vincentian Village and Whistler's Cove. We're not certain how to develop that, but we looked at Town Centre. Whistler's Cove is an affordable -housing development. Developers could have the ability for infill development. Mr. Shucart said that makes sense. With an expansion, it could turn into something better than it is today. He said he'd provide her with a folio number. March 21, 2023 Ms. Mosca said she'd look at that. We had other developers who wanted the area expanded to do higher residential. We'll have to talk about it as a team. A discussion ensued and the following points were made: • A Regional Center can have up to 20 units per acre. • A Community Center can have up to 16. • Something could be written into the Zoning Overlay if there's a reason. There's capacity and it's contiguous. • The county would have that ability under the Comp Plan. • It hasn't been publicly vetted yet. • The community has been involved with the GMPA and rezoning since 2009. With at least two public hearings, there will be involvement. Jacob Winge, president of the East Naples Civic & Commerce Association, said he has concerns about adjoining properties to Regional Centers because of being able to go to 20 units. Ms. Mosca said she would look at the properties he's concerned about. We would have to offer that to other property owners. You're capped at four per acre, but this lends itself to the area. A discussion ensued and the following points were made: • The Activity Centers are going to naturally develop mid -block, so they're more important. • Town Centre is a Community Center that was part of East Naples' Community Plan, and it lends itself to great infill. • There's an opportunity to do mixed -use at Courthouse Shadows. • They would have to go through a Conditional -Use process because it's more intense and that would provide more protection to the neighborhoods, unless you're in a Regional Center. • C-3, C-4, and C-5s would be more fully developed. There are a lot of undeveloped areas in C4. • Light -industrial uses would be allowed. • These uses aren't allowed today. • If the EZO is adopted, they'd be permitted, but you'd have to go through the Conditional -Use process. Mr. Brooker said he would defer to Ms. Mosca about how they should proceed and requested that her presentation hit upon the big conceptual fundamentals and then turn the meeting over to the subcommittee to go over individual pages and answer any questions. Ms. Mosca asked if there were any concerns about any of the economic -development uses being proposed on page 5. She pointed out Community Centers currently don't allow hotels, but the community would like to see some boutique -type hotels as an added use in Activity Centers and not along the corridors. There also are opportunities for live -work units, such as Artist Village. Chairman Brooker asked if hotels are not allowed in C-4 now. Ms. Mosca said she'd check that. (She later said a C-4 use allows hotels as a Conditional Use in the corridor. It's per the underlying use. If you have a C-4 property in the corridor with an underlying use, it will be allowed. Design standards of the overlay will govern.) Mr. Johnson said they didn't know who would be at the meeting today, so they printed out comments by Mr. Curl and Chris Scott, a member of the public. Chairman Brooker asked Ms. Mosca if she could include those comments in her presentation. He noted that Mr. Curl asked about the definition of a structural cell on page 3. Mr. Karto said he worked with Mark Templeton to come up with a definition from the manufacturer of structural cells. They're like a milk crate underneath the pavement that allows the pavement to be on top. The El March 21, 2023 soil isn't compacted, so it allows trees to grow underneath the pavement without heating up the sidewalk because it's less compacted soil to help soak in the water. A discussion ensued over structural cells: • Root intrusion is encouraged. • The root system can grow through the structural -cell system, which is stacked on top of each other like kid's Legos. The dirt is then filled in and then the pavement goes on top. Because there are pockets of soil that are not compressed, the root systems can grow through. • It's the opposite of a root barrier. • Mr. Brooker asked, how does this stop pavements from cracking/buckling up? • Mr. Karto stated, there's a tree barrier along the top edge of the structural -cell system so the tree doesn't go lateral. It can go down and then it goes lateral. That results in a deeper root system, which is good for hurricane resistance. • It would allow a larger tree trunk. • Because it's not compacted earth, it allows more stormwater to infiltrate that system. • It's a new system that's been tested over the past 10 years. • This is the only way to shrink islands and buffers to allow for big canopy trees and a big root system underneath. Otherwise, buffers need to be a lot wider. Mr. Valle requested that any structural -cell system detail and supporting specifications would be helpful for the full DSAC's review. Mr. McLean asked about page 4, 2b. Properties located within the Port of the Islands that are also within the boundary are subject to the Port of the Islands Agreement of 1985 and not subject to the regulations. Does that mean Port of the Islands supersedes this regulation, or can they opt in or out of this regulation? He cited the property adjacent to the one the county owns. We're dealing with 16 miles of roadway and we're trying to show a colored line of where the actual boundary is and that line is probably 10 miles wide. In the Port of the Islands area, you can't tell exactly where things start and stop. I have one client who would want to opt out of this and one client who would want to opt into this. He's asking because it's not clear. Ms. Mosca said Port of the Islands is governed by the 1985 agreement, which identifies all the properties within the agreement and subject to the agreement. Mr. McLean asked if it is east of the Port of the Island Way because the County's property is west of Port of the Island Way. A discussion ensued and the following points were made: • RMF 812, which is not in the hatched area, is the county's property. • The property north of the county's property has spent two years trying to get this exact regulation adopted. Mr. McLean asked if the RTC 4 area is considered Port of the Islands or is it east of the area? Ms. Mosca said properties directly abuting U.S. 41 to the east side of Port of the Islands to the line and to the west side of the RT area are within the overlay and the property within the RMF 812 is not within the overlay. Mr. McLean asked why extend the overlay when the area cannot be part of the overlay? It's confusing for my client, who has the RT lot. Ms. Mosca stated that the design and development standards apply to the Port of the Islands, it's just the greater intensity and density. Anything above what is already allowed in C-4, the overlay would not allow anything higher than what is in the agreement. The overlay provides for some design enhancements for properties along U.S. 41 within the Port of the Islands. March 21, 2023 Mr. McLean asked, So you can't opt into the overlay and his client could build a mixed -use development in C- 4? Ms. Mosca said the overlay would not allow it and detailed the following. • If you have C4 now, this overlay wouldn't allow you to go higher in intensity or density than what's allowed by the agreement. • You can take advantage of any uses that are already in existence or what's in the overlay, in terms of permitted or conditional uses, but design standards of the overlay will govern. • What you have in Port of the Islands is what you have. • This overlay provides for some design enhancements for properties along U.S. 41 within Port of the Islands. • You can opt -in to this overlay. • Mr. McLean said he has a client who wants to build a mixed -use development in C-4. Laura DeJohn, who was working on behalf of the county, said her understanding is that all hands are tied because an agreement is on the books. There is no governmental zoning action that can interfere with that agreement that's on the books for Port of the Islands. Mr. McLean asked what would occur if one is not subject to the Port of the Island agreement and "adjacent to" the Port of the Islands. Ms. DeJohn said that would involve a side agreement. Mr. Brooker clarified that if property is within the 1985 development agreement area, the uses are set in stone per the agreement. It's just that the design -standards enhancements per the overlay would apply. The extension of the overlay is to encourage the design standards. Mr. Brooker, who cited page 4, wanted to know if the new standards would apply to those who have already applied for land development and filed land use petitions in the queue. Ms. Mosca said it's challenging at this time. A C-4 commercial project, if it was under the existing C-4 standards and nothing has been adopted for the overlay, they could come in and develop consistent with C-4 zoning. If they are requesting a rezone or conditional -use or comprehensive plan change, staff may request standards consistent with the overlay and the decision would be made by the Planning Commission through public hearings to determine whether those imposed conditions will or won't apply to a project. Mr. Brooker clarified that with other overlays, one can take advantage of any uses that are already in existence, or what is in the overlay in terms of permitted or conditional uses, but design standards of the overlay are going to govern. Ms. Mosca, who was on page 7, said LDC Section 4.02.23 lists the specifics for the design, bonus density and height standards of the overlay. It's broken down into Regional and Community Center Subdistricts and then Corridor Subdistricts. The following provisions shall not apply to properties: There is a reduction in open space on page 7 and specific design criteria for Mixed Use in C-1 through C-3 districts. C-1 through C-3 allows for mixed -use and residential with specific criteria. There is a wall requirement between residential and a provision for townhouse development. Architectural and building design standards under C. Chairman Brooker pointed out Jeff Curl's question about a wall requirement on line 5, page 8 between residential and non-residential and that he assumes no wall is required. Mr. Curl is asking why. Ms. DeJohn told the DSAC. It is a leap and can't just assume it. 71 March 21, 2023 • What is happening early is the section related to design and development standards is an enumeration of a few standards that will be handled differently in the EZO. It's to bifurcate and say you can't follow the rules in LDC Section 5.03.02.H 2. You're going to follow the rules in the EZO as it relates to this particular matter, so it's not an exemption. • It's not saying all future development is exempt from LDC section 5.03.02. It's a disclaimer saying you don't follow those particular rules. You follow what's outlined in the EZO. • In principle, the concept was that the community had made decisions about what they want in their community and the things they want stricter standards and protections for. • They want a mix of uses and compatible uses being next to one another. It doesn't have to be walled. If you live near a coffee shop, we don't want a wall along the East Trail. We want to be able to walk to the coffee shop. • If it's one of those uses identified as more concerning. It could have glare and could have noise, then we have code rules that specify stricter standards and possible walls or extra buffering for higher intensity uses, like economic development uses, and other noise -creating type uses. Chairman Brooker said that on line 5, Subsection 3, it states: "The following provision shall not apply to properties in the US 41 EZO." Does it make sense to explain that because they are treated in more specificity herein or whatever the verbiage is? It's confusing and prompted the question from Jeff Curl. It's going to come up again. Ms. Mosca said that's fair. She then moved on to architectural building and site design standards: • For the Regional Center and Community Center, the required front -yard streetscape zone is identified as a minimum of 18 feet to 25 feet as the setback. • Within that setback, the developer/applicant would provide an 8-foot-wide buffer, as well as a 10-foot multi -use path. • For the Corridor Subdistrict, the setback would be per the underlying zoning and then they would provide an allowance to provide a double -loaded drive aisle. [A discussion ensued over Jeff Curl's comments.] Ms. DeJohn said if Jeff Curl were here, we could explain that the columns on the page are distinct from one another. He's tying it back to the columns on the left and they are not related. Adding formatting to define the columns would resolve that question on page 8. Chairman Brooker said they can discuss that further at the full DSAC meeting. He noted that in the front yard streetscape zone for a Regional or Community Center, it says 18 feet minimum to 25 feet maximum. If you have an 8-foot buffer and then the 10-foot multi -use pathway and that is your setback, 18 feet, you're going to have a building immediately abutting the multi -use pathway? Ms. DeJohn said, yes. Ms. Mosca said they'd show the DSAC. Mr. Boughton asked if that was a required build -to line or just to set that line. Ms. DeJohn said it's a setback zone. Mr. Johnson said the intent is that the building wouldn't be closer than 18 feet to the property line. A discussion ensued and the following points were made: • This would be like Bonita Springs or the Naples Downtown District at 10th Street and U.S. 41, which has setback zones. • Mr. Boughton said that many times when you park by a shop, it is an issue and a deterrent to parking for someone visiting a shop. • This will require that parking be on the side or rear of the building. 7 March 21, 2023 • This is a long corridor, 20-plus miles, and these are in the centers, punctuating it along the 20-mile corridor. There are about six centers that will contain more intense and urban characteristics, not the whole corridor. • The multi -use pathway is not required in the Corridor Subdistrict. • Mr. Brooker noted the math does not add up or it is out of proportion and it's misleading. • The renderings will be corrected to be more to scale. • Ms. Mosca noted that on page 9, in design exemptions from vertical mixed -use, there's a list of exemptions. • On the allowance for no wall, the community wanted to see connectivity for residential to access commercial areas in the Community Centers, the seven nodes. Mr. Brooker noted that in footnote 2, around line 8, it says "Properties with a side or rear yard abutting..." Does the code today have this extra side yard setback requirement as you go up in building height or is it new? It's like a 45-degree wedding -cake look. Ms. DeJohn said it is not in the current code. It is introducing higher intensities, so it's something to pay attention to. Mr. Brooker said C-3 today has a maximum building height of 50 feet. This has a 25-foot height, but if you go above 25 feet, that setback will require a step back, wedding cake look. Mr. Valle said you are trading off height for the step back. Ms. DeJohn said it provides relief in side yards and rear yards. Mr. Boughton asked if there was a definition of vertical mixed -use for a certain height minimum. Ms. DeJohn said there is no minimum height and vertical mixed -use is defined in the code. It's just more residential and non-residential use within the same building. Ms. Mosca said in the Subdistricts for Regional and Community Centers, based on what the applicant does with the property for vertical mixed -use, they can go up an additional 20 feet, but they must meet certain criteria from their base zoning. Ms. DeJohn said you are seeing maximum -height, townhouse 45, all other uses per underlying zoning district. That is putting forth there is no change to today's allowed heights. Height allowed today remains the height allowed tomorrow. To incentivize the mixed of use, it's a way to get bonus height, so by doing a mix of use, you could have additional height. Mr. Valle asked how this is taken into account from a transportation perspective. Trying to provide a lot of these uses and height, that's going to generate a higher trip count, that will trigger a higher TIA count or higher car count or trip count in your TIAs. How are you going to accommodate that for those aspects? The client and residents might want it, but the "unintended impact" becomes heavier traffic. Ms. Mosca said the Growth -Management Plan Amendment includes an expansion of the south TCA. When the data and analysis were looked at for 100% impact based on possible infill development, the possible density that could be achieved along the corridor in these specific centers, at 100%, it was roughly 3,500 additional trips. However, from a staff perspective and looking at the history of the corridor infill development, we looked more at possibly 25% utilization, which may be about 700-800 additional trips. With the expansion of the TCA, that will allow for additional opportunities to address the capacity that we're adding to the roadway. That wouldn't be your link -by -link, it would be looking at other mechanisms to lessen the number of trips on the roadway. Mr. Valle said he wanted to make sure we're not hampering someone from coming in and having a concurrent issue. Ms. Mosca said that with the expansion of the TCA, it helps the area as a whole. Chairman Brooker noted the FDOT classification slide and asked if FDOT has been involved in looking at this. Ms. Mosca said it had. March 21, 2023 Ms. DeJohn went through Jeff Curl's comments on exemptions (page 9): • Mr. Curl was suggesting that the comments in Footnote 2, relating to side and rear yards, should be attached to the bonus height. Ms. DeJohn did not think it was needed, noting that they're Scrivener decisions. Exemptions from design standards for vertical mixed -use. This is a pullover from what happened with the GGPOD. This is an attempt to make mixed -use more palatable from a development perspective, so we're saying when it comes to architectural standards, we won't apply so many standards to the vertical mixed -use that are typical of the commercial design standards that we have in the county, except the following do apply... [Mr. McLean left the meeting at 4:23 p.m.] He's asking if 5.05.08 F2, off-street parking design, applies. In this code, we have described newer, better theories of moving parking to the side and rear and how to screen it. She would tell Jeff that as vertical mixed -use goes, we want to lighten the load as much as possible and not hold developers to the commercial parking lot standards in LDC Section 5.05.08. Ms. Mosca noted that at the bottom of page 10, describes streetscape designs of buildings facing U.S. 41, the streetscape design of building in detail, some landscaping, glazing on the windows and design features at intersections. Are there any concerns there? A discussion ensued and the following points were made: • Mr. Boughton asked about the architectural massing standards (item 6) that are part of this current architectural code. They will be set aside and the only restriction on these buildings is the stair -step on the rear of the building that has to do with adjacent residential properties. The only other is on page 19, where self-service buildings are limited to a maximum of 100 feet when the property adjoins residential. There are no massing standards except for these exceptions. Is he understanding it correctly? [Mr. McLean returned to the meeting at 4: 26 p.m.] Ms. DeJohn said that commercial design standards will still apply to general commercial development, so Section 5.05.08 is going to apply if they're proposing a big office building. Mr. Brooker said that LDC Section 5.05.08 D.3 is being superseded by this section, transitional massing elements. Mr. Boughton said the 60% glazing requirement is too high. Mr. McLean said it should be more like 45-50%. A discussion ensued over the glazing requirement (item b, p. 10, line 37) and the following points were made: • Typically, the way it's figured is if you have a facade and a mansard above the roof, that all gets counted as the facade area. Then you take a certain percentage of that, so it's like you're being taxed more. • Even when you're talking about an architectural requirement of the LDC and the street front, they want four elements on the building. Now we have to try to add pilasters, awnings and columns and you're asking for 60% of the facade glazing. It's too high. • The current standard is 30%, so 40% would be an improvement. It would be hard to get to 60%. • Is there a reason 60% was chosen? • The intent was to promote a more pedestrian -friendly experience so you can see in and out. 7 March 21, 2023 Mr. McLean stated it's set at 60% in Naples' Fifth Avenue South Overlay District and it's very tough. Ms. DeJohn said they'd look at softening it. Mr. Johnson said the DSAC subcommittee could make a recommendation to reduce that from 60 to whatever you think is appropriate. A discussion ensued about Jeff Curl's comment on page 11, Powerlines and canopy trees don't mix: • Goodlette-Frank Road is a perfect example. There are many trees with a V cut through them, all cut by FPL. • Other trees are easier to run a power line through. • The community wanted to get away from palm trees. • Ms. Mosca said we'll look at the distance, the location of power lines and where trees can be located. • Jeff Curl says that east of U.S. 41, they require 100 native trees. Ms. Mosca noted that's for properties within the coastal high -hazard area and that's an existing regulation. Mr. Varian noted that under 813, Jeff Curl wanted to determine how the county would determine what the structural, healthy tree growth was. How will the county inspect that? Ms. Mosca said staff will follow up with the community and architect. Our flexibility is with the structural cells. We want to have viable trees and an urban feel along the corridor. The community's desire was to reduce that buffer, but we still want to make sure we have good (inaudible). Mr. Varian noted that he and Mario often retrofit after a tree goes down and the damage that occurs. What will that process be now? Ms. Mosca said they'd all be on private property and it would be the responsibility of the property owner to replace the tree. Mr. Varian asked if they should put back what was there. Ms. Mosca said it would be at planting height, not at a mature -level tree height. Mr. Johnson said he believes a replacement for a fallen tree would be at least whatever the minimum size is for a replacement tree. A discussion ensued and the following points were made: • If a tree falls and damages the structural cell below, how would that be repaired and replaced? • The county needs to think about if a tree falls five or 10 years from now and the sidewalk is damaged. • The county will meet internally to see if there are other options to structural cells that would still maintain the integrity of the landscaping and the tree in the long-term. • The county needs to determine what happens if a tree topples during a hurricane. Mr. Johnson said staff will get together with Mark Templeton to figure out what the code requires for replacement trees. • Mr. Valle said DSAC would like more information on how the structural cells work, so they could ask better questions. They need to know how to go back and redo a structural cell if it's damaged. Ms. DeJohn went over Jeff Curl's final comment on the page regarding the buffer requirement, not along U.S. 41 for any edge of a property adjacent to lands outside of the EZO: • Facing a property not along 41, it's typically going to be parallel on the backside. Even the side street of an EZO property will be mirrored across the side street to another EZO property. It's always going to be the back because the corridor runs linearly. That answers his first question, which was 10 feet along U.S. 41. It's not 10 feet along 41, it's 10 feet along an edge facing an alternate non-EZO property. • He couldn't locate the reference to LDC Section 4.02.43C8.b.3. It is in the next section down. That section says you would do a 10-foot-wide buffer, unless reduced, per the section right below. When following that section, it says this is an incentive for when a developer provides an access easement for the county to install a 10-foot-wide path. This is the parallel back side of the property facing non-EZO designated property. There's relief. Instead of having to do a 10-foot buffer with trees 10 March 21, 2023 and shrubs, they can reduce it to 5 feet and just do street tree -style plantings and dedicate 10 feet for public use in the future, should the county be able to install pathways along the back streets. This was based on public involvement and concerns that we can dress up U.S. 41 as much as possible, but it's still a six -lane arterial with high-speed traffic and the ability for neighbors and neighborhoods along U.S. 41 to have pedestrian or bicycling activities might be more comfortable not on U.S 41. This provides a chance for some type of corridor parallel to U.S. 41, the back streets or parallel streets. This creates an opportunity should a property owner want to dedicate 10 feet for public use and do a lighter, easier buffer. Chairman Brooker noted that Jeff says 5 feet is not sustainable for trees. Can you talk to Mark Templeton and see what staff feels about 5 feet? Are we just going to plant a tree that will die in two years? Ms. Mosca said that's the idea behind the structural cells. We had those conversations with Mark Templeton, who said trees in structural cells will mature, survive and be fine over time. She asked if there were any other comments regarding the parking lot, vehicular -use areas and service -function areas on page 12. A discussion ensued and the following points were made: • Mr. Boughton noted that it says you can't have service doors on a primary or secondary fagade and if you do, you should screen them in a certain way. This language says if you can see them from the public right-of-way, they're not permitted. Many times, the service doors are much higher than normal, so there is no way of screening them, which will make a big limitation on where they can put them because you are stuck with the rear of the property. • Mr. McLean said this corridor is anti -storage and anti -man cave. Was that a conscious effort to curtail them? • Mr. McLean had a client who wanted to build 12 units there to sell for around $30 million. It wasn't going to be a parking garage. It was going to be one of the highest -end buildings in that area, but it was zoned out of existence. • Ms. Mosca said that's for special -use considerations and we can go back Ms. DeJohn noted that this language already is in the LDC, in the Business Park District. There's a zoning district for business parks and it has some qualitative -type design standards. This has been a condition of approval for more recent storage and man -cave facilities. It's an attempt to manage the way they're designed, not to prohibit them. It would have the doors facing the interior rather than facing the exterior. Mr. McLean said it is prohibitive, whether that's the intention or not. A discussion ensued over page 20, line 6 and the following points were made: • They understand that's fine for a primary public right-of-way. • Mr. McLean did a building, 11222 on the East Trail (Raintree Lane and Tamiami Court) that faces 41 and is a vacant lot in from the side road that has an alley running behind it that had an existing garage door on the back of it because it was a tire store. When it went through the LDC, they declared all three roads primary and said he couldn't do garage doors on them and made him remove the one that already was there. That's an overreach. The definition of public right-of-way may need a better definition so a reviewer isn't making what's deemed an alley by everybody something more than that. Mr. Boughton had a project where there were two buildings like this and an interior court and the county deemed the courtyard a private road. Mr. Johnson said maybe we could clear up what this is applicable to by specifying a minimum -size right-of-way where it would be applicable. If the concern is that we don't want to have this be applicable to anything visible from an alley, maybe 20 feet wide? If the intent is to have this be applicable to all roadways that are rights -of -way, if they're 40 feet, or greater, for example. The DSAC can pick an appropriate number. 11 March 21, 2023 • Ms. Mosca said, the intent is so it's not visible from U.S. 41. Maybe it's a question of whether it's primary right-of-way. • Mr. Valle said, maybe that's the issue, reviewers are calling everything a primary facade. Reviewers are changing everything when they're saying your alley is a primary facade. How do you mitigate that? • Mr. McLean said reviewers considered Raintree Lane and Tamiami Court primary roads on his project. Tamiami Court is a residential access road that runs parallet to U.S.41 and does not have curbs or gutters. It's an alley at best. • Ms. DeJohn said she's familiar with the location and high level of residents' concerns there. • Mr. McLean said it becomes prohibitive. It's like we're trying to limit what type of development can be done and that's where it gets tricky. He understands they can't go in and define things. There are other areas here where it refers to that and we start making references to the SIC code and how we're going to eliminate or control these items. Then you go from a garage door to an SIC rating within the code, whether it's a subset of man -cave or storage. All of a sudden, it's not a garage anymore because the finishes are so nice. The allowable permit is as a garage. When he put a glass door on it, they said it's too nice to be a garage and won't give me a permit because it falls into an SIC category that doesn't fall within the approved zoning district. [Mr. Valle left the meeting at 4: 49 p.m.] Ms. DeJohn said individual cases get messy. The code we're talking about says the use of metal roll -up garage doors located on exteriors visible from the right-of-way is prohibited. This is a very specific restriction. For other materials that aren't roll -up, there are other ways to do the intent of the project. We should define metal overhead and roll -up doors if it's not defined. Ms. DeJohn said they can do that. Mr. Winge, President of East Naples Civic Commerce, thanked the Subcommittee and staff for a cohesive, productive process and cited concerns: • Historically, East Naples is one of Collier County's oldest designated communities and the fact that we haven't had a plan for the 85-90 years that it's been in existence is mind boggling because other communities have had a plan. • This has been a long time coming. [Mr. Valle rejoined the meeting at 4: 52 p.m.] • He applauded staff and Johnson Engineering for the a la carte structure for height and density determinations. It's revolutionary. There isn't anywhere else in code or standards where they can put in numbers and incentives in easy -to -understand language for the community, developers and property owners. • Developers constantly tell him they can't do mixed -use. That doesn't mean it's impossible. • At our community and stakeholder roundtables, they wanted this to be a plan that had some teeth to it, that wasn't just verbiage and little tweaks here and there. We wanted something with substance for the community. This is a very substantial plan that does a lot of good things. • He had two concerns, first what is the 60% glazing prohibitive to? Mr. McLean said it's prohibiting the other LDC requirements. It stifles the architecture. Mr. Valle said it's just retail. Mr. McLean said that's a minimum number. They could reduce it to 40. If someone is putting in a furniture store and wants it to be 100% glazing and they can still make the architecture work within the LDC, they can increase that number, but forcing 60% on everybody is certainly not a way to go. Mr. Winge said he understood. East Naples really wants retail. There's no reason why we still have an extreme deficiency in retail in 2023. 12 March 21, 2023 Mr. Winge cited other concerns: • His second concern is that shade trees were 125 % of what the community wanted. He was surprised how many people wanted that. One stakeholder was an environmental chemist and former Florida Southwestern State College professor and she and others commented on it. • He understands some of the concern is getting away from palms and into shade trees, but every part of town and U.S. 41 has shade trees, so why can't we? Just because FPL is going to trim them? • He watches the public -planning process and feels that when board members look at something differently, they get afraid of it. The county is in a planning mess because officials have seen things, think it's difficult, complicated or they can't do it. He doesn't want that to occur with shade trees because they're all over U.S. 41. Mr. Valle noted that they took shade trees out of the Target plaza on Pine Ridge Road, which now looks like a barren wasteland. Everyone from up north wants wonderful walkways with shade trees and wants that here. Unfortunately, our wind and heavy rainfall produces the sprout and growth, so there's an increase in sidewalk repairs because the sidewalks are pushed up several feet. That causes those structural elements. What happens in a wind event? We had a water event. When we had a wind event, all those shade trees went. Miami -Dade took all the shade trees out of the LDC because they didn't want huge swaths of roadways pulled up to be repaired. You must understand where you live. We're not that far from the coast. Just because that hasn't happened there yet doesn't mean it won't happen. Mr. Winge cited other concerns: • It's noted that sable palms and palmettos are the only palms native to Florida. Royal palms, queen palms and silver palms aren't native. None of these other palm trees are native. They're Caribbean accents that have been brought over. There are hardwoods and shade trees in coastal Florida that were here since the 50s, when it was total hardwood hammocks with gumbo, limbo and ironwood, and species like that that you can use — and the community would be more receptive. • Northerners don't look for shade trees as much as palm trees. We've let that dictate what we look like. There probably aren't any commercial developments pre- 1960s Collier County with palm trees, except maybe in the core of Four Corners. In pre-60s and `70s development, that didn't exist. • Shade trees were something the community looked at for density and height. It's not required, but that's just part of the bonus. • That's why a la carte is a nice structure because the developer can pick and choose. If you want all 16 or 20 units, you're going to do all those things to get there. If you want that maximum height, then you're going to have to do things to get there. If you're OK meeting somewhere in the middle or your math works at 18 units and you don't need the extra two, then you don't have to do that extra bit to gain that part. • He hopes the a la carte structure will be viewed as a major incentive that's written, applicable and easy to accomplish or plan for. • Percentage breakdowns are something that came out of the first stakeholder meeting and the community rallied around that. • If anyone has questions for the East Naples community, they can contact him. Mr. Varian told him the DSAC is made up of contractors and other backgrounds who have seen the other side to what can happen. It's not that they don't want to do it. They want to bring problems to everyone's attention. We're the ones who do it. We see bad things and good things and we want the community to see that. Chairman Brooker told him that when the full DSAC is in session, it's a full array of institutional and practical knowledge. The consequences need to be understood and maybe they are a good idea. If trees that fall, buckle pavement, block roads, disallow evacuations and first responders, those are consequences. If the community knows the consequences and wants to absorb them, they can. That is practical knowledge about what really happens when you add a pretty tree and the wind comes. They appreciate his input over the past few years. 13 March 21, 2023 Mr. Winge said he's been president of the association for five years and if they need input, he's looking forward to discussing that at the full DSAC. He's happy this is being vetted fully before being presented to the Board of County Commissioners. He's available if they want to contact him. He's in full agreement with what they do. He's been on four county advisory boards, understands their concerns and knows they really help. The DSAC continued on page 20, a discussion ensued, and the following points were made: • Mr. Varian said should define right-of-way. Maybe a primary road is something 40 feet or wider. • Mr. Johnson said he would have to consult with staff to understand all of the different levels of rights - of -way. If allowing metal rollup doors along an alley is not the issue, then he recommends excluding alleys. • Alleys are defined in the code but if reviewers interpret them differently, that's a problem. • Alleys are defined in the code but it uses the term "private road," a catch-all term. • Ms. DeJohn cited code, noting that it says metal roll -up garage doors generally are prohibited if visible from a public right-of-way, so this would not be for private rights -of -way or private courtyards. This is metal roll -up garage doors visible from a public right-of-way. • Mr. McLean recognized some of the challenges are that the zoning code is a bit restrictive along U.S. 41 and we need to make sure that further restricting metal overhead roll -up garage doors facing 41 is not anything we want to see. We need to think through the unintended consequences of what will happen with this code. • Mr. Brooker said we have a consensus that we don't want roll -up garage doors visible from U.S. 41, but that's not the intention. It's an alley or a road behind. It sounds like the community behind Tamiami Court does not want to see this even though they're behind it. That's where the tension lies. • Ms. Mosca asked if another material can be used. • Mr. Valle said it's how it's interpreted. If you have a glass panel within a metal overhead door, somebody will say that's a metal overhead door and now you're stuck. It might look prettier than the garage door in his house and that garage door is visible from U.S. 41. Mr. McLean cited some other instances: • The code allows a glass garage door to be installed. Reviewers extrapolate what the code allows. • He couldn't get a man -cave approved because we went to glass garage doors, then we were screening them and it was like we weren't putting the 60% glazing on the road. • Consider an overhead coil door. There's a new Porsche dealership on the corner of Davis Boulevard and Airport -Pulling Road with two overhead coil doors that face Davis, but they're plexiglass because they coil. They're among the finest garage doors on Earth because they use fast automatic openers. • But we got somebody who interpreted the code who said that's not glass. You can't use a metal overhead coil door. This excludes it, but what we're going to is not glass because another section of the code says that on U.S. 41, you must have a glass door. The LDC specifies glass, so then is the plexiglass a coiled door? We need to consider the unintended consequences. Ms. DeJohn said you're stating what you don't want. Can you state what would be a positive/affirmative addition to this text, such as plexiglass-something doors are allowed? Mr. McLean said this text is linked back to the architectural portion of the LDC. Why exclude something and not just go back to that portion of the LDC? Ms. DeJohn said that for two years, she heard very active community members banded together to have a set of standards that isn't the typical Collier County LDC. Is there a certain type of plexiglass material you want? Mr. McLean said this door was already excluded in the LDC, so what is the purpose of re -excluding it? There are unintended consequences of excluding it twice. Mr. Boughton suggested mitigating it by screening it at 8-feet high, which screens the view in a right-of-way. Chairman Brooker said if Mark has better language, he should talk to Laura DeJohn. He asked staff to confirm whether it's already excluded in the LDC and to address it from that angle. 14 March 21, 2023 Mr. Johnson provided a slide on the exemptions from the design standards. Lower-case B is what Mark is referring to. We're excluding 5.05.08, with respect to overhead doors. If we were to re -include that or strike this out in its entirety, then we wouldn't have to worry about metal roll -up doors. Ms. DeJohn said you're misreading the language. It says exemptions shall not apply, except the following do. Chairman Brooker moved on and noted that the subcommittee is supposed to deal with the minutiae and full details of the material before it goes to the full DSAC so they don't have to go over this. They will work to make the full DSAC meeting before May. [A discussion ensued over finishing the discussion at a later meeting.] Mr. Henderlong asked Subcommittee members if they prefer staff to send a link to each of their calendars for a future meeting date, in addition to the Community email. [A discussion ensued, they requested that calendar invites be sent to the usual subcommittee members and others and to resume on p. 13 when they reconvene.] Mr. Varian made a motion to table the item and hold a special meeting at 3 p.m. April 18. Second by Mr. Boughton. The motion passed unanimously, 4-0. [Chairman Brooker, who inadvertently voted and wanted to abstain, conducted a roll call.] Mr. Varian, Boughton and Valle voted aye; Chairman Brooker and Mr. McLean abstained. The motion passed, 3-0. 5. Public Comments [Provided above -Jacob Winge] 6. Reminder of Next DSAC-LDR Subcommittee Meeting Date a. 3 p.m. April 18, 2023 7. Adjourn Mr. Varian made a motion to adjourn the meeting Second by Mr. Boughton. The motion passed unanimously, 5-0. There being no further business for the good of the County, the meeting was adjourned by the order of the chairman at 5:18 p.m. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE LAND -DEVELOPMENT REVIEW SUBCOMMITTEE Clay Brooker, airman These minutes were approved by the subcommittee/chairman on M•f Y Z.1 Z 0 (check one) as presented Xor as amended 15 C l7 �As�r.�imm�',,, 1 IQ ii 1� LN Nk, %-% N *I �■ �'IIIfJ� a Exhibit A — US 41 East Zoning Overlay Map 1 f r �r If 4iFlip���rellat�, ■ 28 GLLDC AmendmentslAdvisory Boards and Public Hearings\DSAC-LDR12023163-211MatedalslWord Version\US 41 East Zoning Overlay (EZfl)1PL20226a08725 - US 41 East Zoning Oveday (3-16-2623)-docx 0 oc Exhibit US 41 East Zoning QjerJpV ffMS BLVD* ai ■i,11 DRAFT t,.+r�,•, � .Ilrn n,,.,.•. ■ Ot CA ;•r. i�I• �� �•L._ _ � � ILA � . _• Thamesson DRr A. � Y T y , rf - ry 777 1'51t1 i,LQ01-erf, U5 at EA) i-,'MMUNILr LEF,fI_% ® us C7 un CORWOR © }g Ai EZO RECiWDPVAL GE NTE-R AMMOCK- 28 Boards and Pu fbh nngslDSAC-LDR12623W3-2'1 Watenals\Word VersionMS 41 East Zoning dVdrlar 1 East Zoning Ov (3-16-2023)-doox O N W M N 0 N M Cn � W M c n O o 4 z 0 4—J L" W � o L _ - E N fl . a Q N ul 0 _ N S L Y T C au me 0 fu � E in w 0 Q Y a l VV 0 ._ 4� }' o 'O •� N L 0 E � N U � U Q V r-I w 05 � E W • cn W V b a oo b z Q- 0 C6 N V W z �•- 0 N w 0 0 m S (oz7 msn) ' ygE i �.g 1N3W1Mtld30 1N3W307MdWH1MOND AUjJanp 6uiuOZ AlNf100 L1311100 JOPIPJOO M3 ltr 5n P r 0 vA sNO1SV�3}J �, 3 y� a a8a c � a 0 0 � my F y 0 x a� K�v 0` �•, C`a�.i rg,� 0 1 Np� � —• PEA _ ya�:1, i I v m a w \Qi i F % :�3 is 'C q� , 1C � C w4 tf �z J 3 Ca �— Q a 0 E` � _ OM1l8Qj311103 L _ C E N a �v S+Op�gCom HU� Id I't H4-0 m b�A W '� b0 >m O ++ 4) .— O m CL s s Cra) O s ca to m > O •- O w O a + CA M � w 3 V +, . % E N m L M O a �' s O E +:+ m O V C r > � (1) p cv a� p a _ b�A .- a--� V > c^ � s i V V i(Ac�.� 40J w i LLI (A aA — V N.I O •- > a-J d M i W W r•— 2 o a w � O> m M btu Q O > 0 W O �; c r. 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AL z� m a IWIT �'r a c,r-�" I 1 I 41 ■. a • I 'WAI� w 4w m L 0 a� 1 L ' E A 9 C S Y ✓ gY O' 3 L a n = o 1= u i V & $ g v ? s 3# s ii j p Y 9} 7 a yy c n i+n� n a o m n° n m n m n�Y i M 4w V L 4i 0 cn i O N C 4w x W � _a»s__3 ,me_, ® |E | §d _ sly ;l+m,°|`!`'||§ ! � / w2 � O L m W V SEMMES H L W 4w V j.l i ij 1oIaisiasns H31N33ALlNn WWOq qZ3 LbSn s NYId 311S OIUVN30S 3NtlnOS SM3NdNV'1S 4 �u S SNOISIA32!Nei s_ i K - #4Yk r -fi4r r �s ,y r R E Mil A 0 L m V H LM 4) W Let U rin Code Enforcement Division Monthly Report March 22, 2023 —April 21, 2023 Highlights • Cases opened: 538 • Cases closed due to voluntary compliance: 347 • Property inspections: 2657 • Lien searches requested: 1334 Trar A r Cases Opened Per Month 700 669 665 620 600 545 529 545 538 500 435 384 406 382 400 369 300 200 100 0 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Code Inspections Per Month 3000 2703 2446 2b57 2500 2264 2334 2262 2336 1979 2000 1747 1896 1666 1500 1229 1000 500 0 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 This report reflects monthly data from March 22, 2023 —April 21, 2023 March 22, 2023 — April 21, 2023 Code Cases by Category F- - 2989 3000 2500 2000 1500 1000 500 0 Bayshore Immokalee Origin of Case ■ Code Div. Initiated Cases ■ Complaint Initiated Cases CRA Case Opened Monthly 0 Monthly Open Cases ■ Total Opened Cases to Date (Report initiated September 2018) This report reflects monthly data from March 22, 2023 — April 21, 2023 March 22, 2023 — April 21, 2023 Code Cases by Category Vegetation Requirements 2% Vehicles 17% '0 Site Development 19% Short-term Rentals Signs Mm 1% 4% Righ Animals 1% Accessory Use 2% / Land Use 10% t of ways Property Maintenance 5% 14% Case Type Common issues Associated with Case Type Noise 4% Nuisance Abatement kk — 17% Occupational Licensing 1% Parking Enforcement Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial - Shopping carts Land use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. !Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalld, inoperable vehicles, grass parking, RV parking, other vehicle parking etc This report reflects monthly data from March 22, 2023 — April 21, 2023 February 22, 2023 —March 21, 2023 Code Cases by Category Site C Vegetation Requirements 2% Vehicles 15% Animals i Accessory Use 3% 15% 2% Case Type Common Issues Associated with Case Type' Land use 12% Noise 4% e Abatement 18% icensing Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling, etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc, Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way,tc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly data from March 22, 2023 —April 21, 2023 January 22, 2023 — February 21, 2023 Code Cases by Category Animals vegetavon Requirements 19G Accessory use vehicles 3% Land Use 14% % 11% Short-term Rentals 1% I Site Development 19% Signs 1% Right of Way 3% 14% Case Type Common Issues Associated with Case Type Noise 5% - Nuisance Abatement 20% Occupational Licensing 3% Parking Enforcement 1% Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles fighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way,tc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use -Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly data from March 22, 2023 — April 21, 2023 slsanbaa o n o N r ci Ln O N N u E J E W O ID � O� O O O sAed ssauisn8 O slsanbaa o n o N c-I a -I Vl O m N Q LL N N u I c I O In O Ln O Ln O Ln O V m m N N c-I ci sAed ssauisn8 Cme,O)iPer County AyYtc2023 .�tonthcy statistics COLLIER COUNTY GROWTH MANAGEMENT DEVELOPMENT SERVICES `T T Growth Management Community 04/2023 Development Department 1 Building Plan Review Statistics All Permits Applied by Month 7,000 6,000 5,000 4,000 3,000 2,000 1,000 r r r r N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N L it a �f Q �' i 0 a .0L L i1 C tf Q �' i V C M L L cC M a) o m M 0 c3 = = a) o N M W cv Q a n a W 0 z o n U- a n a cn O z o -)U- a Top 15 of 35 Building Permit Types Applied Carport/Shed 58 1 Gas, Fence, 193 187// /Electrical, Mechanical, --- ---- --- Solar, 84 738_ _ --- _ -- Bldg Add/Alt, 360 Plumbing, 382 -- ; -- -- -___- i Roof, 391 Pool, 168 Bldg New 1 & 2 Res, 203 Aluminum Structure, 168 Well Permits, 130 ROW Shutikers/Doors/Windows, 450 Residential, 109 Building Plan Review Statistics Monthly 1 & 2 Family Total Construction Value by Applied Date $200,000,000 $150,000,000 $100,000,000 $50,000,000 N N N N N N N N N Q D U Q U Q Q� O Q O Q ♦ 1 &2 Family Monthly Total Construction Value by Applied Date $200,000,000 - $150,000,000 $100,000,000 $50,000,000 Monthly Multi -family & Commercial Total Construction Value by Applied Date $200,000,000 $150,000,000 $100,000,000 $50,000,000 N N N N N N N N N Q U Q D U Q a O a� O a (Multi -family — —Commercial � � N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N � >+ C � Q > U C � i � >+ C � Q OL CO O U O N f6 N (6 Q N 7 7 U O N m N (6 Q Q Q U) O z o� LL 2 Q g- Q (no O z o U_ Q t 1 &2 Family f Multi -family --Commercial Building Plan Review Statistics 500 450 400 350 300 250 200 150 100 50 0 New Construction Building Permits Issued by Month TM, TMM TMM TM, � r � TM, TMM N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N Q "'' > U C ma L L i1 C M5 0) Q "'' > U C L i 3 d V O N M 0 M = = G) V 0 d M d ca Q a a 0 o z o n LL a n a cn O z o-) LL a Apr 21 May 21 Jun- 21 Jul- 21 Aug- 21 Sep- 21 Oct- 21 Nov- 21 Dec- 21 Jan- 22 Feb 22 Mar- 22 Apr 22 May 22 Jun- 22 Jul- 22 Aug 22 Sep 22 Oct 22 Nov- 22 Dec- 22 Jan 23 Feb- 23 Mar- 23 Apr- 23 ■Commercial 8 12 9 6 13 13 3 4 8 5 7 4 4 4 7 4 4 4 6 8 2 8 1 6 6 ■ Multi family 6 6 17 11 15 5 6 12 9 10 12 15 3 1 8 2 2 3 10 29 7 3 1 3 22 ■ 182Family 412 460 445 374 403 218 330 286 295 346 217 333 255 284 316 248 280 234 279 212 219 195 211 246 168 New Multi -family Building Permits Issued by Month 30 20 15 10 5 N N N N N N N N N N N N N C CM a� Q 0 0 LL a-5 Q 0 0 LL a New Commercial Building Permits Issued by Month 18 16 14 12 10 8 6 4 2 0 ;-L uA,J, N N N N N N M M N N N N N N N N N N N N N i C 0) — U -0i C 0) — U -0 L a� O Q O a Q 0 LL Q o LL Building Inspections Statistics Building Inspections 30,000 25,000 20,000 15,000 10,000 5,000 0 N N N N N N N N N N N N N N N N N N N N N N N N N m O � : O U O N m O m 0-m O � = N U O N m O M Q Q � Q 0 0 z 0-, LL 2 Q g Q w 0 Z 0-, LL 2 Q Types of Building Inspections Well tic , 72 350 300 250 200 150 100 50 Land Development Services Statistics All Land Development Applications Applied by Month r r r r r r r r r N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N CL R 3 d V 0 G) ca a)R 3 d V 0 0 0 0)ca Q Q M Q 0 0 Z 0� U_ � Q g�� Q to 0 Z 0� U_ � Q 600 - 500 400 300 200 100 0 Top 5 Land Development Applications Applied 592 within the Last 6 Months Milestone Inspection - Short -Term Vacation Zoning Verification Site Development Plan Special Event Permit Building Rental Registration Letter Insubstantial Change 45 40 35 30 25 20 15 10 5 0 120 100 80 60 40 20 Land Development Services Statistics Pre -application Meetings by Month T_ T_ r T_ r T_ r T_ T_ N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N L i1 i 0 Q i V C M L L i1 C 0 Q "r i V C M L L fC 01 v 0 0 ca 4 a) � � R � � � a)v 0 a) ca d 4 cC Q Q Q w 0 z 0 LL Q 2 n Q cn 0 z 0 LL Q Front Zoning Counter Permits Applied by Month T_ T_ r r T_ T_ T_ T_ T_ N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N Q i ai Q — i 0 Q — i U Q L L N V O (D 4 f3 N f4 NU 0 0 4fa Q Q 0 0 Z 0 LL Q g n Q 0 0 Z 0 LL Q ■ Temporary Use Commercial Certificates Land Development Services CA 0 5 �a 4 0 3 E 0 2 z 1 0 60 50 OWi 40 E z 20 10 0 Statistics Number of New Subdivisions Recorded per Month r r r r r r r r r N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N Qi1 ai 0. t i <.i .0 L L i1 0) Q 4- i 0 C.0 L L �C 3 0 00 M G) (4 O-R 7 )= a) v O d R O M Q Q M M Q fn 0 z 0 n LL E Q 2 M Q W O z 0� LL E Q Plat Pages Recorded per Month 59 r r r r r r r r r N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N Q. i Qi Q i 0 C.0 L L>, C 0 0.— i 0 C M L L cC d V 0 0 M 0 M Q M 0 0 0 0 M 0 fC Q Q Q fA 0 z 0 n LL 2 Q 2 Q 0 0 z 0 n LL Q Yearly Totals 2020 - 25 2021— 33 2022 — 29 2023 - 8 Yearly Totals 2020 - 152 2021— 188 2022 — 175 2023 — 33 Land Development Services 14 12 10 8 6 4 2 0 20 18 16 14 12 10 8 6 4 2 Statistics Monthly Total of Subdivision Applications (PSPA, PSP, PPL, PPLA, ICP, FP, CNST) by Month r � � � TMM TMI � � � N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N Qi1 0 Q — i 0 C MO L L i1 C 81 am— i U C M L L R 3 a)V O N ca d M Q M 3 d V O 0 N M am Q 2 Q cn 0 z o� li 2 Q 2 n- Q cn 0 z 0� li 2 Q Monthly Total of Subdivision Re-submittals/Corrections (PSPA, PSP, PPL, PPLA, ICP, FP, CNST) by Month T- V- T- TMI T- T- T- TMI r N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N L >% C ms 0 a � > U C M L L i1 c 0 CL 41 > V C Q d V O a)l4 (D fC M a)V 0 N ca d R Q Q a 0 0 z o�� a n Q w 0 z 0-) LL a Land Development Services 70 60 50 40 30 20 10 60 -- 50 40 30 20 10 0 Statistics Monthly Total of Site Plan Applications (SIP, SIPI, SDP, SDPA, SDPI, NAP) by Month r r r r r r r r TMM N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N Q i1 r ai Q i 0 C M L L i1 C M Q "r i u C M L L Q 2 M M Q N 0 Z 0 M LL Q 2 M M Q fA 0 Z 0 M U- Q Monthly Total of Site Plan Re-submittals/Corrections (SIP, SIPI, SDP, SDPA, SDPI, NAP) by Month r r r r r r r r r N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N 3 G) V 0 W fC G) 0 Q M 3 3 N V 0 CD Cu N M Q Q Q 0 z 0 n li 2 Q E n Q 0 0 z 0 n li 2 Q Reviews for Land Development 1,600 1,400 1,200 1,000 800 600 400 200 Services Number of Land Development Reviews � T- T- T- T T T- T- r N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N L >+ C 0 Q "' > U C M i i i1 C 0 Q "'' > U C M L i a n a Un O z o -)U- a 2 n a O z o U- a Percentage Ontime for the Month 0 Ontime 0 Late Land Development Services Statistics Total Applied Construction Valuation Estimate $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 70 .31 50 4-1 C 0 E 40 v n V) 30 C 0 U v 20 Ln c 10 Ell r r r r r r r r r N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N L >1 i ai Q �+ > ci L L >+ ai Q > u L L Q Q N O Z o nU- Q Q cn O Z 0 nU- Q ■ Construction Estimate Utility Estimate Site & Utility Inspections a -I -i c-1 c-1 r-1 r-1 r-1 c-1 -i N N N N N N N N N N N N M M M M N N N N N N N N N N N N N N N N N N N N N N N N N L > C Up fl_ +' > U C -0i i T C w CL +�' > U C -0i Q- M C 7 N U O 4J M N Q- M 7 C N U O a1 (6 N M Q Q � Q V)O z 0 � Q Q V) O z o U Q ■ inal Subdivision Inspection ■ Final Utility Inspection Preliminary Subdivision Inspection i Preliminary Utility Inspection ■ Tie In Inspection Fire Review Statistics Building Fire Review Average Number of Days 10 9 8 7 EA 6 0 5 4 3 2 1 0 r-I ri N N ri N r-I r-I N N r-I N r-I r-I N N r-I N N N N N N N N N N rV N N N N N N N N N N N N N N M N M N M N M N 3 - 7 a) U O a1 co a) Q- 7 - 7 a) U O a) c6 a) co Q Q 5 Q Ln O Z Q L.L Q 2 — Q Ln O z O U- Q Total Number of Building Fire Reviews by Month Fire District Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- 21 21 21 21 21 21 21 21 21 22 22 22 22 22 22 22 22 22 22 22 22 23 23 23 23 ■ North Collier 706 741 1044 687 775 608 654 504 449 470 503 671 646 777 855 637 800 525 466 449 391 444 450 583 490 Collier County (Greater Naples) 473 456 586 401 480 382 411 409 393 323 503 613 538 576 623 383 481 350 422 317 374 347 448 539 408 Planning Fire Review Average Number of Days 10 9 8 7 6 5 C 4 3 2 1 I 0 1-1 r-I r-I ri 1-1 ri r-I ri r-I N N N N N N N N N N N N M M M M N N N N N N N N N N N N N rV N rV N N N N N N rV N N L >- C qA Q 4-' > U C _0 - >- C to Q a"' > U C Q 5;Q Ln O z o — L L 2 ¢ 2 :3Q Ln O z o Li :2 Q Total Number of Planning Fire Reviews by Month Fire District Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- 21 21 21 21 21 21 21 21 21 22 22 22 22 22 22 22 22 22 22 22 22 23 23 23 23 ■ North Collier 39 39 55 32 43 23 48 41 49 29 31 29 49 43 48 36 31 29 55 27 41 42 28 46 25 Collier County(Greater Naples) 72 60 74 61 39 53 80 70 68 56 56 62 69 59 56 65 73 41 57 46 62 56 68 70 63 Co Ge-r Couvtty Growth Management Community Development Department Memorandum To: Development Services Advisory Committee (DSAC) From: Eric Johnson, AICP, CFM, LDC Planning Manager Date: April 28, 2023 Re: Agenda Item 7.b. - PL20220008725 — US 41 East Zoning Overlay (US 41 EZO) This memorandum is intended to provide additional clarification regarding Item 7.b. in your packet, which was sent by Julie Chardon via email on Thursday, April 27, 2023. The PDF you received contains 133 pages and Item 7.b., the above referenced Land Development Code (LDC) amendment, is comprised of pages 36-112 of the packet. Staff is seeking your recommendation of approval for this LDC amendment. The below provides additional explanation regarding PDF pages70-112: 70-100 (Comments from Jeff Curl to Eric Johnson Mr. Curl's email was discussed at the Subcommittee meeting, as Mr. Curl was unable to attend both Subcommittee meetings. These pages (pp. 70-100) represent Mr. Curl's comments for the US 41 EZO. Page 101-112 (Email from Ray Bellows to Eric Johnson) This email from Christopher Scott to Michael Bosi, Director of Zoning, was in reference to a Hearing Examiner decision (HEX 2022-38) involving a comparable use determination (CUD). Mr. Scott asked if the US 41 EZO design standards would apply to a property in Treviso Bay. Mr. Bosi determined the proposed design standards would not apply to an already approved CUD. On April 18, 2023, Dr. Gordon Brumwell, who spoke during public comments, provided staff with the enclosed four pages. The intent of including these items in your packet is to acknowledge their receipt and provide a more thorough public record. Feel free to contact me at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov if you have any additional questions. S. . ME 170 ti u -0 m •t O O N C �a u m cc 0 o E o a CL �u en 0 r V M f0 7 1�/1 t00 N O � r c I- r Z a 0 0 7 P a O C 0- ,u 0 a r •O 'A a �4D 0 N N E u N '0 7• CA � a _ O m v 7 CL 0 N �O M o 4 V •L a ++ O O. V -0 0 7 L a -P L N Q S y 0. r -a co CL m X U ; X 3 E a m c CL 5; m 0 0 0 L `~ *a o M Q � a i OJ 0 C 4 �O+ w 0 Y� •Cj S V ■ to E a A structural soil cell is a modular system designed to Structural soil Cell ualit such as support trees in areas with limited soil volume and qof interconnectedsidewalks, parking lots, or plazas. The system consists modules or crates that are placed beneath the pavement and filled with a p Y s eciall designed soil mix. The modules create an underground void Ip ace that allows tree roots to grow and expand, while also providing a sta base for pavement and allowing for water infiltration. FRONT YAROlSTREETSCAPE ZONE BUILDING j/ US 41 Right -of -Way Line 10' 8' min multi -use planting pathway zone 25' max 18' min 'z TO(3 N. krses(, Possible loopholes in the Eco-service Provisions of the EZO (3 min) �J-)� J rL 6 • The EZO draft is great in aiming to preserve our natural look, reduce environmental impact, and get people outside. But why are these even goals? • Loss of our semi -rural look, green slime, dead manatees... People get it and want change. Parks and Rec has shown we prioritize green space. 77% of Collier voters voted for a land acquisition tax. When forests go down social media blows up. We're here, and the Lely Country Club POA can't be but writes they represent 709 residences in E. Naples and, summarizing, "... are in— support of... Dr. Brumwell, including... for environmental sustainability in construction, and... shade trees... for shading... paths, sidewalks, and parking areas." • The E. Naples Community Development Plan - ENCDP — mirrors this public sentim�en�t. The 41 EZO should '� -J-c U� Ec�`J<e �� 5 k01 ,e C mi rorthe ENCDP' vision elements. It spirit does, Bt4T... .t.`�,.�V �,�� � � .,.�- //��-- • If some builders opt in to the bonus program and others don't, won't multi -use paths shop and 'Starti" Paths that start and stop OR are not shaded do not fulfill the ENCDP's vision of "Increasing... non - motorized options." NEXT... The green stormwater infrastructure item in the bonus list needs minimums. o Rain gardens etc. that are too small to make a difference will not reflect the vision which aims to "Ensure new development... does not overwhelm... natural spaces." NEXT... • Visions are community -wide. For instance, emphasizing non -palms will result in people on the road seeing treed vistas. So,... o The bonus system has a problem. For instance, a builder can attain 100% of the possible density increase in a Community Center without one eco-service option benefiting E. Naples. Prove me wrong, please! MOVING ON... • 8' planting zones will cause buckled hordscape unless the planting boxes are magic. NEXT... • The EZO sets aesthetic requirements for buildings... If we require these just for looks we should certainly require overhangs etc, for climate resiliency and CO2 reduction. Next... • The shade tree emphasis should be expanded. The only public comment receiving applause during the early EZO public meetings was someone explaining palm trees' lack of function. NEXT... • Isn't eco-infrastructure too important to rely on a voluntary program? AND, FINALLY... • Now do pine trees fit into the EZO? Co Ge-r Couvtty Growth Management Community Development Department Memorandum To: Development Services Advisory Committee (DSAC) From: Eric Johnson, AICP, CFM, LDC Planning Manager Date: April 26, 2023 Re: PL20220008725 — US 41 East Zoning Overlay (US 41 EZO) The Development Services Advisory Committee -Land Development Review Subcommittee (Subcommittee) reviewed the above referenced LDC amendment at their meetings on March 21, 2023, and April 18, 2023. The main discussion points included but were not limited to proposed density, landscaping (e.g., structural soil cells, replacement trees, buffering, canopy trees, etc.), building setbacks, glazing, roll up doors, ground elevation, the Live Local Act, and the deviation provisions. On April 18, 2023, the Subcommittee recommended approval of the LDC amendment, including additional recommendations, as listed below: 1. Address the glazing requirements of LDC section 4.02.23 C.7.b. Staff Response: The minimum required glazing was originally proposed at 60 percent in LDC section 4.02.23 C.7.b; however, based on discussions at the meetings, staff has updated this requirement by reducing it from 60 percent to 40 percent. 2. Provide more information regarding structural soil cells, including but not limited to the inspection process. Staff Response: Staff will provide examples of subsurface structural cells. In addition, subject matter experts will be available at the meeting for questions. (Note: A separate email will be sent to the DSAC-LDR Subcommittee members in response to their request for additional information. Please review these materials prior to the meeting). 3. Provide a definition of roll -up shutters, as referenced in LDC section 4.02.23 F.l.d.i. and clarify how primary and secondary rights -of -way (and associated roadways widths) will relate to building facades. Staff Response: No change. Staff supports the stakeholder's vetted text as proposed in LDC section 4.02.23 F.1. d. i., to ensure that self -storage facilities will not be designed with Co ier County Growth Management Community Development Department metal roll -up doors that are visible from public rights -of -way, regardless of the widths of such rights -of -way. 4. Discuss the U.S. 41 Streetscape Zone standards of LDC section 4.02.23 E., particularly the potential for having double sidewalks (i.e., requirements for multi -use pathways, including discussing their surface materials, and landscape buffers and how these will transition and interface with existing sidewalks within the abutting U.S. 41 rights -of -way, as well as between parcels). Staff Response: Staff will be available to answer specific questions. 5. The maximum height listed in LDC section 4.02.23 F.5.d., should be measured from "required finished grade" as opposed to "existing grade." Staff Response: The text has been revised to indicate, "Boats, vehicles, construction materials or equipment that are stored ... shall be limited to a maximum height of 17 feet above finished trade. " The measurement from 'finished grade" is preferred, as it is consistent with the other sections of the LDC. 6. Inclusion of Mr. Christopher Shucart's property into the US 41 EZO-CC, as requested by Mr. Shucart at the DSAC-LDR Subcommittee meeting on March 21, 2023. Staff Response: Mr. Shucart's property has been added within the boundaries of the US 41 EZO-CC (see Map 1). The highlighted text in the revised Land Development Code amendment represents the changes that were made since the Subcommittee meeting. Feel free to contact me at (239) 252-2931 or Eric. Johnson(abcolliercountyfl.gov if you have any questions. Co Ter County Growth Management Community Development Department Zoning Division LAND DEVELOPMENT CODE AMENDMENT PETITION PL20220008725 ORIGIN Board of County Commissioners (Board) SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment proposes the US 41 East Zoning Overlay (US 41 EZO) along the US 41 East corridor (Tamiami Trail East). The overall purpose is to implement general concepts, development, and design standards as well as the recommendations derived from community input and the East Naples Community Development Plan (ENCDP). HEARING DATES LDC SECTION TO BE AMENDED BCC TBD 01.08.02 Definitions CCPC TBD 02.03.07 Overlay Zoning Districts DSAC 05/03/2023 04.02.43 Design Standards for the US 41 East Zoning Overlay (US 41 DSAC-LDR 04/18/2023 EZO) (New Section) 03/21/2023 10.03.06 Public Notice and Required Hearings for Land Use Petitions ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC Approval with Recommendations TBD TBD BACKGROUND On February 14, 2017, the Board directed staff to engage the East Naples community in a public planning process to identify and incentivize desired land uses and development along the US 41 East (Tamiami Trail) corridor. On April24, 2018, staff and their consultant, Johnson Engineering, Inc. presentedthe US 41 Corridor Study (Corridor Study) to the Board. The Corridor Study included four meetings to engage the public and solicit community input and resulted in recommendations that included: a community -based branding project, land use preferences, strategy to limit undesirable uses, landscaping preferences, and transportation needs. Following the Corridor Study, staff received Board direction to prepare a community development plan for the EastNaples community thatwould establisha vision for the areato guide future development and redevelopment In January 2020, the consulting firm of Tindale Oliver contracted with the Board to prepare the East Naples Community Development Plan. In October 2020, the East Naples Community Development Plan (ENCDP) was accepted by the Board of County Commissioners. The development of the ENCPD included an extensive public input process culminating in a community plan that guides land uses and development, promotes various transportation modes, highlights the community's assets/improvements, provides follow-up efforts to address topics of community interest, and provides steps on implementation. The ENCDP prioritizes the development and implementation of a zoning overlay along the US 41 East corridor (Tamiami Trail East), specifically providing for its establishment within 5 -years from the date of acceptance by the Board. An objective of the US 41 EZO is to promote the strategic placement of land uses to enhance the community's sense of place by providing guidance on future development and redevelopment projects that expand employment opportunities, leisure activities, dining, and shopping to meet the growing needs of the community. Additionally, the US 41 EZO addresses land uses deemed undesirable by the community that are intended to be interspersed throughout the county and proximate to the residents and businesses they serve; these uses include self-storage/mini-storage warehousing, gasoline service stations, car washes, fast food restaurants with drive-thru windows, and outdoor display, sale and storage uses. In 2021, the County contracted with Johnson Engineering, Inc. to assist with preparing the US 41 EZO to ensure G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Materials\PL20220008725 - US 41 EZO LDCA (04-26- 2023).docx Co Ter County Growth Management Community Development Department Zoning Division consistency with the ENCDP. The community has been actively engaged with staff and the County's consultant in developing the US 41 EZO for the segment of US 41 East that generally begins at Palm Drive (near the Collier County government center) and extends to the east side ofPort of the Islands. During the months between January and November 2022, the project team conducted staff team meetings, and stakeholder and community meetings to solicit input on the development and design standards for residential, mixed -use, and commercial development, and spacing criteria for commercial uses, in part, to address the undesirable uses identified in the ENCDP. DSAC-LDR Subcommittee Recommendation: On April 18, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC, contingent upon the following, either to be addressed by staff prior to the DSAC or for the DSAC to have additional discussion: 1. Address the glazing requirements of LDC section 4.02.23 C.7.b. 2. Provide more information regarding structural soil cells, including but not limited to the inspection process. 3. Provide a definition of roll -up shutters, as referenced in LDC section 4.02.23 F. l .d.i. and clarify how primary and secondary rights -of -way (and associated roadways widths) will relate to building facades. 4. Further discuss the U.S. 41 Streetscape Zone standards of LDC section 4.02.23 E., particularly the potential for having double sidewalks (i.e., requirements for multi -use pathways, including discussing their surface materials, and landscape buffers and how these will transition and interface with existing sidewalks within the abutting U.S. 41 rights -of -way, as well as between parcels). 5. The maximum height listed in LDC section 4.02.2 3 F. 5. d., should be measured from "required finished grade" as opposed to "existing grade." 6. Inclusion of Mr. Christopher Shucart's property into the U. S. 41 EZO-CC, as requested by Mr. Shucart at the DSAC-LDR Subcommittee meeting on March 21. 2023. FISCAL & OPERATIONAL IMPACTS No fiscal impacts are anticipated. However, the workload of the Collier County Planning Commission has the potential to increase due to the creation of the deviation process, resulting in an operational impact. Notwithstanding the potential benefits gained from relaxing certain development standards GMP CONSISTENCY fi-Fist ivview. A companion Growth Management Plan (GMP) amendment petition has been submitted concurrent with this zoning overlay to provide for the proposed increase in density and intensity of uses allowed by the overlay. Therefore, the proposed zoning overlay may be deemed consistent with the and allowing a vast array of new uses, there Future Land Use Element of the GMP once the GMP is a potential impact to property owners if amendment is adopted and becomes effective. existing buildings become non -conforming once the US 41 EZO is adopted. EXHIBITS: A) US 41 East Zoning Overlay Map 1 B) US 41 East Zoning Overlay Map 2 C) US 41 East Zoning Overlay Map 3 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Materials\PL20220008725 - US 41 EZO LDCA (04-26- 2023).docx DRAFT Text underlined is new text to bead ded 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Amend the LDC as follows: 1.08.02 — Definitions Mean high-water line: The intersection of the tidal plane of mean high water with the shore as established by the Florida Coastal Mapping Act of 1974, Chapter 74-56, Laws of Florida. Micromobility: Any small, low -speed, human- or electric -powered transportation device, including bicycles, scooters, electric -assist bicycles, electric scooters (a.k.a. e-scooters), Speed Clentris Vehinles (cV), and other small, lightweight, wheeled conveyances. Mixed use project approval process: A process by which a land owner may petition for approval of a mixed use project — a mix of commercial and residential uses, as provided for in certain zoning overlay districts. If located within certain subdistricts in the Bayshore Zoning Overlay District or the Gateway Triangle Zoning Overlay District, such a petition may include a request for increased density by use of density bonus pool units. Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures. Structural Cell: A structural cell is a modular system designed to support trees in areas with limited soil volume and quality, such as sidewalks, parking lots, or plazas. The system consists of interconnected modules or crates that are placed beneath the pavement and filled with a specifically designed soil mix. The modules create an underground void space that allows tree roots to grow and expand, while also providing a stable base for pavement and allowing for water infiltration that s,f erecter amei ants of linhthi nemnented semi beneath pavement eihile si innnrtinn tr•�ffin nails The p geese of o stn anti irol hell is to si innnrt !erne tree nrewth pmvide on_site sterm1eioter rnanaqement re qh abserntien evapetransniratien and internentinn pavement nreteG# Subdivision: The division of land, whether improved or unimproved, into 3 or more contiguous lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land any of which do not equal or exceed 10 acres, for the purpose, whether immediate or future, of transfer of ownership or development; or any division of land if the extension of an existing street or the establishment of a new street is involved to provide access to the land. The term includes resubdivision, the division of land into 3 or more horizontal condominium parcels or horizontal cooperative parcels, and the division or development of residential or nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, map, plat, horizontal condominium parcels, horizontal cooperative parcels, or other recorded instrument, and, when appropriate to the context, means the process of subdividing or to the lands or areas subdivided. 3 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx Text underlined is new text to bead ded 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 # # # # # # # # # 2.03.07 — Overlay Zoning Districts R. US 41 East Zoning Overlay (US 41 EZO). 1. Purpose and Intent. The purpose and intent of the US 41 East Zoning Overlay district (US 41 EZO) is to implement certain concepts and recommendations of the East Naples Community Development Plan (ENCDP). This is accomplished through the establishment and designation of three overlay subdistricts as described in 2.03.07 R.3. below: Regional Center Subdistrict, Community Center Subdistrict, and Corridor Subdistrict. 2. Applicability. a. Unless otherwise expressly stated, the use regulations of this section and the design standards of LDC section 4.02.43 shall apply to all properties within the US 41 EZO, as shown in Maps 1 - 3 of LDC section 2.03.07 R.3.b. For a PUD established prior to [INSERTADOPTION DATEj, 2023, a PUD amendment is not needed for a property owner to utilize the uses and design standards of the US 41 EZO to apply. PUDs and Conditional Uses approved prior to [INSERT ADOPTION DATE) may continue to use the design standards that were in effect at the time when they were approved. Uses that are existing as of [INSERT ADOPTION DATE) may continue to operate as a permitted use until the use ceases for a period of one year, then the design standards of LDC section 4.02.43 shall apply. b. Properties located within the Port of the Islands that are also within the boundary of the US 41 EZO are subject to the Port of the Islands Development Agreement of 1985 and are not subject to the use regulations of the US 41 EZO. 3. Establishment of Subdistricts. a. Purpose and Intent. The US 41 East Zonina Overlav Reaional Center Subdistrict (US 41 EZO-RC). The US 41 EZO-RC is intended to promote medium to high intensity mixed -use development, economic development uses, commercial, office, and residential development at the mama' intersections identified on the FLU as Activity Centers #16, #17, and #18, excluding property located within the Bayshore Gateway Triangle Community Redevelopment Area. These centers accommodate residential and mixed -use living environments that provide access to goods, employment, dining, entertainment, and services for regional and local residents. Development is typically compact and urban in character. Incentives relative to height and 4 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to bead ded density allowances have been established in LDC section 4.02.43 to encourage a pedestrian/transit-friendly development pattern. The US 41 East Zonina Overlav Comm unitv Center Subdistrict (US 41 EZO-CC). The US 41 EZO-CC is intended for moderate to low intensity mixed -use development, economic development uses, commercial, office, and residential development at key intersections. These centers accommodate residential and mixed - use living environments that provide nearby residents and other travelers along the corridor convenient access to goods, dining, entertainment, and services. Incentives relative to height and density allowances have been established in LDC section 4.02.43 H. to encourage a pedestrian/transit-friendly development pattern. iii. The US 41 East Zoning Overlay Corridor Subdistrict (US 41 EZO- COR). The US 41 EZO-COR is intended to allow uses in the underlying zoning districts and economic development uses (except economic development uses are not allowed on those properties designated Conservation on the Future Land Use Map and Port of the Islands). This Subdistrict establishes use regulations and design standards for commercial and economic development uses. b. Boundaries of US 41 EZO and Subdistricts. The boundaries of the US 41 EZO and Subdistricts are identified in Maps 1 - 3 below: [INSERT MAP(S)) Map 1-US 41 East Zoning Overlay Map 2-US 41 East Zoning Overlay Map 3- US 41 East Zoning Overlay 4. Table of Uses. a. The Table of Uses identifies Dermitted and conditional uses in the US 41 EZO. Any existing permitted or conditional use in an underlying zoning district remains permitted or conditional. Any substantial improvement to an existing permitted or conditional use is subject to the design standards of LDC section 4.02.43, as applicable. Once a conditional use has been discontinued for a period of one year, it is subject to the additional design standards of LDC section 4.02.43, as applicable. New conditional uses require approval in accordance with the procedures set forth in LDC section 10.08.00. b. Table 1 Uses. 5 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded Use Category Regional Center Subdistrict Community Corridor Subdistrict US 41 EZO-COR) Center Subdistrict US 41 EZO-RC US 41 EZO-CC Residential Uses 1 Artist village. P P 2) Mixed -Use Development including, Multi- P P Famil and/or townhouses. 3 Live -work units. P P Commercial Uses' 1 Hotels and motels 7011 7021 and 7041 P P Economic Development Uses' 2,3 1 Aircraft and parts 3721-3728 . P Cu Cu 2 Beverages 2082-2087 . P Cu Cu 3 Communications equipment 3661-3669 . P Cu Cu 4 Computer and officee ui ment 3571-3579 . P Cu Cu 5 Dental laboratories 8072. P Cu Cu 6 Dru s 2833-2836 . P Cu Cu 7 Electrical industrial apparatus 3621-3629 . P Cu Cu 8) Electric lighting and wiring equipment (3641— P Cu Cu 3646 3648. 9) Electric transmission and distribution P Cu Cu equipment 3612-3613. 10) Electronic components and accessories P Cu Cu 3671-3679 . 11 En ines and turbines 3511-3519 . P Cu Cu 12) Furniture and fixtures, not elsewhere P Cu Cu classified 2599. 13) General industrial machinery and equipment P Cu Cu 3561 3563 3565-3569 . 14) Household appliances, not elsewhere P Cu Cu classified 3639. 15) Household audio and video equipment, and P Cu Cu audio 3651-3652. 16) Jewelers' findings and materials, and lapidary P Cu Cu work (3915). 17) Laboratory apparatus and analytical, optical, P Cu Cu measuring, and controlling instruments (3821- 3829). 18) Manufacturing industries, not elsewhere P Cu Cu classified 3999. 19) Metalworking machinery and equipment P Cu Cu 3546 and 3548). G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Use Category Regional Center Subdistrict Community Corridor Subdistrict Center Subdistrict U( S 41 EZO-COR) US 41 EZO-RC US 41 EZO-CC 20) Miscellaneous electrical machinery, P CU CU equipment, and supplies (3691-3692, 3695- 3699). 21) Miscellaneous industrial and commercial P CU 3593-3599 . 22 Ophthalmic goods (3851). P CU CU 23 Photographic equipment and supplies (3861). P CU CU 24) Refrigeration and service industry machinery P CU CU 3581-3582 3586-3589 . 25) Search, detection, navigation, guidance, P CU CU aeronautical, and nautical systems and instruments 3812. 26) Special industry machinery, except P CU CU metalworking 3552-3559. 27) Surgical, medical, and dental instruments and P CU CU supplies 3841-3845. 28) Transportation equipment, not elsewhere P CU CIJ classified 3799. 29) Watches, clocks, clockwork operated P CU CU devices and parts (3873). Notes: See LDC section 4.02.43 C.13. for pollution control standards. 2 See LDC section 4.02.43 G. for additional design standards specific to Economic Development uses. 3For properties designated Conservation on the Future Land Use Map and located within the US 41 EZO-COR economic development uses may not be allowed. # # # # # # # # # # # # # 4.02.43 — Design, Bonus Density, and Height Standards for the US 41 East Zoning Overlay (US 41 EZO) A. General for the Regional Center Subdistrict (US 41 EZO-RC), Community Center Subdistrict (US 41 EZO-CC), and Corridor Subdistricts (US 41 EZO-COR). 1. Regional and Community Center Subdistricts. Properties within the US 41 EZO- RC and US 41 EZO-CC shall be subiect to the standards of 4.02.43 A. throuah I. 2. Corridor Subdistrict (US 41 EZO-COR) 7 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 a. Properties within the US 41 EZO-COR with underlying zoning of commercial or commercial tracts of a PUD shall be subject to LDC sections 4.02.43 A..C.. F. G.. and I. b. Properties with underlvina zonina of residential sinale-family or multi-fami (only RMF-6 and RMF-12); residential tracts of PUD districts; rural agricultural (A) and estates (E) districts; civic and institutional (P and CF) districts; or open space districts (GC and CON) shall only be subject to LDC section 4.02.43 C.1. and 3. through 6. for architectural standards, and 4.02A3 F.5. for outdoor use standards. Except as stated above, properties shall comply with the dimensional standards for principal and accessory uses in the underlying zoning district and all other applicable LDC Standards. 3. The following provisions in the LDC are not applicable Shall R9t aPP' to properties in the US 41 EZO: a. LDC section 4.02.01 B. (Open Space Requirements) b. LDC section 4.02.38 (Specific Design Criteria for Mixed Use Development within C-1 through C-3 Zoning Districts). C. LDC section 5.03.02 H. (Wall Requirement between Residential and Nonresidential Development). d. LDC section 5.05.07 (Townhouse Development). B. Density and height. Residential density and building height shall be per Table 1. C. Architectural, building and site design standards. 1. Dimensional and Design Standards. a. Table 1. Dimensional Requirements in the US 41 EZO. US 41 EZO-RC I US 41 EZO-CC US 41 EZO-COR Min. Lot Area (sq. ft.) Townhouse: 2,000 (per unit) All other uses: 10,000 Min. Lot Width (ft.) Townhouse: 20 All other uses: per underlVing zoning district. Max. Floor Area Ratio N/A Min. Floor Area (sq. ft.) Efficiency: 450 1 Bedroom: 600 2+ Bedroom: 750 For all other uses: 1,000 round floor Max. Lot Coverage None. Required Yards 8 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Front Yard/ Streetscape Zone 18 ft. minimum to 25 ft. max./ All projects Per underlying zoning, shall provide a 10 ft.-wide multiuse pathway, limited to a maximum of for US 41 (fL which is intended to accommodate one double loaded drive asssmmedeW4g pedestrians, bicyclists, and aisle of parking in the other modes of micromobility. For all front yard. projects providing a front yard setback of 20 ft. or greater, the 10 ft.-wide multiuse pathway must be designed in combination with planting, seating, or hardscaped areas. See LDC section 4.02.43 E. for additional requirements. Front Yard (Other) Per underlying zoning, except that corner Per underlying zoning. L� lots must maintain the front yard/ streetscape along the road frontage that is perpendicular to US 41. Min. Side Yard (ft.)2 0 0 15 Min. Rear Yard (ft.)2 15 15 15 Max. Height (ft.) Townhouse: 45 Townhouse: 45 Townhouse: 35 All other uses: Per All other uses: Per All other uses: Per underlying zoning underlying zoning underlying zoning district. district. district. Max. Bonus Height3 Additional 20 feet above height allowed by N/A underlVing zoning. Max. DensitV Per the underlVing zoning district Max. Bonus Densit 3 U to 20 DU/ac4 I Up to 16 DU/ac4 N/A Notes: 1 No building, appurtenance, or sited esign element or any outdoor seating areas shall project beyond the property line orb e placed into a right-of-way_ 2 Properties with a side or rear vard abuttina residentially zoned grope shall be subject to a building setback of 25 feet along the shared property line applicable to the first 25 feet of building height. For building height above 25 feet, the buildina is reauired to step -back at a 45-dearee plane Dursuant to LDC section 4.02.43 C.6 3 The maximum bonus height and maximum bonus density may be achieved if the project meets criteria pursuant to LDC section 4.02.43 H. 4 Incudes density per the underlying zoning district per FLUE. 2. Exemptions from Design Standards Vertical Mixed Use. LDC section 5.05.08 (Architectural and Site Design Standards) shall not apply to "vertical mixed use" projects, except for the following standards: a. LDC section 5.05.08 D.6. (Blank wall areas on buildin facades 9 with Drim G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 DRAFT Text underlined is new text to bead ded b. LDC section 5.05.08 D.8. (overhead doors); C. LDC section 5.05.08 D.15. (neon tubing); d. LDC section 5.05.08 E.2. (self-storaae buildi e. LDC section 5.05.08 E.8. (Parking Structures), which shall be in accordance with LDC section 4.02.43 C.8.d. f. LDC section 5.05.08 F.3. (pedestrian pathways); q. LDC section 5.05.08 F.4. (service function areas and facilities); LDC section 5.05.08 F.6. (drive -through facilities location and bufferi standards); i. LDC section 5.05.08 F.7. (lighting). 3. Terminating vistas. Buildings or projects that terminate a vista at the end or turning point of any street or pedestrian path shall include design features to emphasize the importance of the view. Examplesof design features include but are not limited to tower elements, porte-cocheres, and cupolas. 4. Roof material. Asphalt shingles are prohibited. 5. Exterior building fapade materials. Corrugated or metal panels are limited to no more than 33 percent of exterior building facades (not applicable to roofs). 6. Architectural massing. Transitional massing elements specified in LDC section 5.05.08 D.3. shall be replaced by the following step -back requirement applicable to all buildings in the US 41 EZO: a. PrODerties with a side or rear vard abuttina residentially zoned DrODert shall be subject to a building setback of 25 feet along the shared property line for the first 25 feet of building height and then the building shall step back extending upward at a 45-degree angle until reaching the maximum height limit of the subdistrict, including bonus height, as indicated in the following illustration: 10 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 DRAFT Text underlined is new text to bead ded U541 EZO Residential Zoning Max height ....1 �I 25ft Figure 1: Buildinq Step -back when Abutting Residential Zoning 7. Streetscape design of building facades fronting on US 41. a. Desian features at intersections. Buildinas located at the intersection of two or more roadways shall include design features to emphasize their location as gateways and transition points within the community. Examples of required design features include but are not limited to tower elements, public plazas, or courtyards. b. Windows. The ground floor of non-residential buildings shall have at least 40 69 percent of its facade designed with windows consisting of clear glazing that shall not exceed a tint of more than 25% to provide visual interest for pedestrians and to serve as a deterrent to crime. C. Building entrances. Buildings located along US 41 must be designed with main entrances for pedestrians clearly defined and oriented to US 41. 8. Landscape. Landscaping and buffering shall be provided in accordance with LDC section 4.06.00 at time of SDP or PPL, except as follows, and except if additional buffering is required for specific uses orfor Economic Development uses pursuant to LDC section 4.02.43 E.. F.. and G. a. For purposes of implementing the US 41 EZO, palm trees shall not be substituted or considered equivalent for canopy trees. Royal Palm (Roystonea spp.) and Date Palm (Phoenix spp.) trees shall not be considered canopy trees. b. Buffers. A minimum eiaht-foot-wide landscape buffer shall be Drovided internal to the development project along the US 41 frontage outside of the right-of-way and may only be interrupted to provide for vehicular or pedestrian access. At a minimum, the landscape buffer shall include the following: 11 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 a) Canopy shade trees spaced 40 feet on center with trees 2 having a minimum average mature canopyspread of 20 feet 3 and an eight -foot vertical clearance for pedestrians if 4 applicable. 6 b) A continuous 3 gallon, double row hedge, spaced 3 feet on 7 center, and a minimum of 24 inches in height at the time of 8 Dlantina and maintained pursuant to LDC section 4.06.05 9 DA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 c) The remaining area of the planting zone must contain only native vegetation, grass, ground cover, or other landscape treatment in accordance with LDC section 4.06.00. d) Provide structural cells for healthy tree growth and improved ecological function in planting zones that are eight feet in width or pursuant to LDC section 4.02.43 C.8.iii. When a develoDment Droiect consists of a nonresidential use and is adjacent to lands located outside the US 41 EZO and zoned for residential use, a minimum ten -foot -wide landscape buffer strip with shrubs and trees shall be required unless reduced pursuant to LDC section 4.02.43 C.8.b.iii. Shrubs shall be no less than five feet in height and spaced a maximum of four feet on -center at the time of planting. Trees shall be a minimum of 10 feet in height, fourfeet in spread, 1%-inch caliper, and spaced a maximum of one per 25 linear feet. These landscape buffers may be interrupted to provide for pedestrian access or vehicular interconnections only. Where a Droaerty abuts a riaht-of-way. access easement. or roadway that parallels US 41, the landscape buffer maybe reduced to five feet with canopy trees spaced no more than 40 feet on -center with trees having a minimum average mature canopy spread of 20 feet and an eight -foot vertical clearance for pedestrians if a 10-foot- wide easement is dedicated to the County for future development of a multiuse path along such property line. Collier County may make enhancements within the 10-foot-wide easement running adjacent to the property line for use as a multiuse path. Enhancements may include a multiuse path and urban design improvements such as street furniture, lighting and pedestrian walkways. C. Parking lots, vehicular use areas, and service function areas. Landscaping for off-street parking lots, vehicular use areas, and service function areas shall be designed in accordance with LDC section 4.06.03, except for the following: i. Interior of parking lot. 12 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to bead ded a) A maximum of 30 percent of the landscape islands may have a minimum width of five feet. Provide structural cells in planting areas that are five to eight feet in width. b) Plantings shall be a maximum of 25 percent native turf grass. The balance shall be shrubs or groundcover in planting areas appropriate to the design. Perimeter of Darkina lot. vehicular use area. or service function area. The perimeter shall have a five -foot -wide perimeter planting area, exclusive of curbing, and structural cells shall be provided for perimeter planting area. The perimeter planting area shall be designed in accordance with the following: a) Trees a minimum of 10 feet in height, four feet in spread, 13/4-inch caliper, and spaced a maximum of one per 25 linear feet. b) Shrubs arranaed in a staaaered Dattern with a minimum size of three gallons, spaced no more than three feet on -center at the time of planting to provide year-round screening. Where the perimeter planting area abuts lands outside the US41 EZO and zoned for residential use, the shrubs shall be no less than five feet in height and spaced four feet on - center at the time of planting. c) Perimeter planting areas may be interrupted to provide for driveway openings or for pedestrian access points. d. Building foundation plantings. i. Buildings, including parking structures with ground floor commercial or residential along the front facade, shall be required to have foundation plantings designed in accordance with LDC section 4.06.05, except for as follows: a) The minimum required planting area shall be the equivalent of 10 percent of the gross ground floor area of the building. b) As an alternative to providing a continuous building foundation planting width, the planting areas shall be located within 25 feet of the building edge in the form of landscaped courtyards and seating area landscaping. c) It is unnecessary to Drovide foundation Dlantinas alon facades where the building is setback less than five feet from the property line; however, the minimum size of the required planting area shall still be required and re -allocated elsewhere on -site. 13 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 d) None of the reauired foundation Dlantinas shall be located within perimeter buffers or within parking lot, vehicular use, or service function areas. ii. Stand-alone parking structures and parking structures designed without ground floor retail or residential uses along the front facade in accordance with LDC section 4.02.43 C.14.e shall provide foundation landscaping in accordancewith LDC section 4.06.05 C., except that the minimum width of the planting area shall be 10 feet. 9. Open space. a. In order to promote a vibrant, pedestrian -oriented community, the US 41 EZO open space standards are intended to concentrate open space in structured, functional, and usable spaces that are nodes along connected pedestrian paths or corridors that are accessible to the public. b. A minimum of 20 percent of the gross area of the development site shall be devoted to useable open space. C. If the useable open space area functions as an extension of abutting publicly accessible useable open space or bus stop, that useable open space area shall be calculated as double credit towards the open space requirement. d. Usable oDen space. as defined in LDC section 1.08.02. shall also include publicly accessible site features such as pedestrian and walking paths, plazas, and passive furnishings. Passive furnishings include but are not limited to benches, pavilions, and picnic areas. On -site pervious trail links connecting within or across open spaces may count toward the requirement of usable open space. Lakes, detention areas with publicly accessible sidewalks or other impervious paths, and active recreation fields or courts that are accessible to the public may be counted toward the required public open space. e. On -site lands that reduce and treat stormwater on -site through Low Impact Development (LID) and Green Stormwater Infrastructure (GSI) techniques may count towards open space. 10. Pedestrian Dathways. Pedestrian Dathways required by LDC section 5.05.08 F.3. shall be a minimum of six feet in width, clearly marked by using design elements such as landscaping and pedestrian lighting, and designed to interconnect with existing pedestrian or multi -use pathways on abutting property. Palms shall not be substituted for required canopy trees along the pathway. 11. Exterior lighting. Illumination levels in the US 41 EZO shall not exceed 0.5 footcandles at property lines adjacent to residential development that is external to the US 41 EZO excluding where required pursuant to LDC section 6.06.03. 14 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 a. IWi mRatieR IeVe16 OR the I IS 41 E��h� RGt GXGeed 0 5 fE)etGaPA1es at �rrrm�v � rr �-rvrcicccccro�Tvvrccirrvrcv crr 2 preperty lines admaGe Rt to FesodeRtmal deyelep Fn pAthat is external to the US 3 41zZEl-ex^lW ,hr8F r�gsu aRt to LOG septir,irvp &06 v4, 4 5 12. Public transit facilities. In addition to the off -site improvements reauired in LDC 6 section 6.06.02 A., where a bus stop is located immediately adjacent to the subject 7 property or where a property abuts a bus route, a landing pad, bicycle storage rack, 8 and bus stop identification sign, all of which are approved by Collier Area Transit 9 (CAT), shall be provided by the Developer through monetary contributions or 10 construction of physical improvements at the discretion of CAT at no cost to the 11 County in the adjacent right-of-way or within a dedicated easement, for all new 12 development and redevelopment protects proposing more than 50 dwelling units 13 or 10,000 square feet of a non-residential use. All transit improvements within right- 14 of -way or dedicated easement shall obtain Development Review approval through 15 right-of-way permit. If these CAT facilities exist and meet current standards, the 16 County Manager or designee may waive this requirement. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 13. Pollution control. Anv discharge from industrial. commercial. or manufactu processes to a stormwater or surface water management system is prohibited. Wastewater from any industrial, commercial, or manufacturing process must be contained within a building or disposed of through the Collier County Water -Sewer District's wastewater collection system pursuant to the Collier County Industrial Pretreatment Ordinance, (Ord. No. 2003-18, as amended). 14. Off-street parking and loading. Unless otherwise specified, all parking and loading standards shall comply with LDC Section 4.05.00. In addition, the followina provisions shall apply: a. Location of parking lots. The design of off-street parking lots shall comply with the provisions of LDC section 5.05.08 F.2. exceDt: Parkina lots. vehicular use areas. and service function areas shall be located to the sides or rear of buildings, no closer to US 41 than the principal building except that a maximum of one double loaded drive aisle of parking is permitted in the frontyard in the US 41 EZO- COR. ii. Within Regional and Community Centers, parking areas shall not be located on street corners, except that parking may be located on one corner if the subiect Droperty fronts on three or more streets. However, this shall not be construed to allow parking in front of buildings on US 41 or the frontage of streets perpendicular to US 41. b. Design of parking facilities. i. Driveways, accessways, and access aisles of commercial and mixed -use property shall be interconnected with existing driveways, accessways, and access aisles on abutting commercial and mixed - use property. 15 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 2 ii. Where abutting property is undeveloped, vehicular and pedestrian 3 interconnection shall be provided to the property line to allow 4 access to all connection points with the abutting development. 6 iii. Where feasible, the final location of the access point(s) shall be 7 coordinated with the adjacent property owners and a cross -access 8 easement, or an access easement to the public for public use 9 without responsibility of maintenance by Collier County, shall be 10 provided at time of the first SDP or PPL. The connection and 11 supporting infrastructure shall be constructed to the property line on 12 the subject property by the developer, successors, or assigns prior 13 to the issuance of the first C.O. The interconnections shall remain 14 open to the public. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 iv. Where existing abutting property is developed in such a manner that interconnection of driveways, accessways, or access aisles is not physically possible, no connection shall be required. V. Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be Drovided where necessary and appropriate, shall be distinguished by textured or special paving, and shall be integrated into the wider network of pedestrian walkways and sidewalks. C. Minimum parking requirement. The required number of off-street parking spaces are as follows: Table 2. Parking Space Requirements Hotel 1 space per hotel room. Accessory uses shall be computed as follows: 50 percent of normal requirements for non-residential permitted uses provided below. Multi -family dwellings and townhouse 1.5 spaces per unit, or as per LDC section 4.05.04, whichever is less. Non-residential permitted uses per 3 per 1.000 square feet, or as per LDC section 2.03.07 R.4,Table 1 LDC section 4.05.04, whichever is less. Mixed Use Sum of the requirements of the various uses computed separately. All other uses Minimum parking space requirements per LDC section 4.05.04 G. d. Reductions to Darkina reauirements. The reauired number of off-street parking spaces may be reduced as follows, provided that the total reduction does not exceed 20 percent of the total minimum parking space requirements: 16 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Table 3. Parkina Reduction Mixed Use protects 10% reduction of residential off-street parking requirement. Greater reduction may be approved pursuant to LDC Section 4.05.04 F.4. Outdoor dining/restaurant seating No additional off-street parking required. areas Preservation of existing healthy tree Number of required spaced shall be or trees with a minimum 12-inch or reduced based on area necessary to greater DBH preserve the tree from being damaged or removed as determined by County Manager or designee. Property located within 330 feet of an 5% reduction of total requirement. improved public transit facility, such as a bus shelter, bus transfer facility, or park and ride site On -site electric vehicle (EV) charging Each space shall reduce the total off - station street parking requirement by two spaces - On -site bike -share station or ride- 5% reduction of total requirement. share pick up/drop off zone e. Parking structures. Parking structures shall comply with LDC section 5.05.08 E.8., except that building foundation landscaping shall be provided in accordance with LDC section 4.02.43 C.8.d. ii. Parking structure fagades shall be designed to screen views of automobiles by the general public from adjacent streets and driveways. iii. Parking structures shall have occupiable ground floor space along the US 41 street frontage. The occupiable ground floor space shall have a minimum depth of 20 feet, as measured perpendicular to US 41, and shall occupv the entire buildina front facing US 41. iv. Freestanding light fixtures on the top level of the parking structures shall be a maximum of 20 feet in height and setback from the perimeter of the structure a minimum distance of twice the height of the light fixture. Light fixtures shall be fully shielded to contain light to the surface of the deck onlv. f. Bicycle parking. Bicycleparkinq shall be provided for all commercial, mixed use, and Economic Development uses. Bicyclists shall have access via 17 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 sidewalks, pathways, or drivewaysto the public right-of-way and be located 2 as provided below: 4 i. Parking structures. Required bicycle parking shall be located in or 5 near main entrances or elevators to provide for pedestrian safety, 6 visibility, and security of property. 7 8 ii. On site. Bicycle parking (not located within a parking structure) shall 9 be located on site within 50 feet of main building entrances. Bicycle 10 parking shall not obstruct walkways. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 iii. Shared bicycle parking. Where there is more than one building on a site, or parking is shared with an adjacent site, bicycle parking shall be distributed equally to serve all buildings and main entrances. D. Signage. The sign standards of LDC section 5.06.00 shall apply to all mixed use and non- residential projects within the US 41 EZO. In addition, the following provisions shall apply to all wall, awning, ground, blade, and menu signs for all nonresidential and mixed use projects: 1. Total square footage of wall signs, and signs on awnings and canopies, shall be combined and shall not exceed the square footage permitted for wall signs in LDC 5.06.00. 2. Graphic elements, logos, mosaic tiles, or names created in flooring immediately outside the front entrance with a maximum size of six sauare feet are allowed and shall not require a permit. Directional S a. On -premises clustered directional signs may be allowed up to 16 square feet with a maximum heiaht of six feet. b. There shall be no limitation on the number of directional signs provided these signs are separated by a minimum distance of 100 feet. C. Directional signs shall not require a permit unless designed with an electrical com Donent. 4. Non -illuminated plaques shall be allowed subject to the following: a. Each business may mount a maximum of two plaques at their front entrance with each plaque restricted to a maximum of two square feet. Plaaues must be flush or pin -mounted on the storefront or facade. b. plaque with a maximum size of two square feet may be mounted at the exit only door of each business which is generally not public facing. The purpose of this plaque is to identify the business name or address for emergency response or for the delivery of goods. 18 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 2 C. A permit shall not be required for plaques. 4 5. In lieu of LDC section 5.06.04 F.5., a wall mounted menu board, not to exceed 5 three square feet, is allowed in connection with a walk-up or take-out window. This 6 sign shall not count toward the total square footage or number allowed for wall 7 signs• 8 9 E. US 41 Streetscape Zone. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. The front yard streetscape zone shall contain a minimum 10-foot-wide multi -use pathway at least 8 feet from the US 41 right-of-way. The pathway must be designed to interconnect with existing pedestrian or multi -use pathways on abutting property. 2. The area between the pathway and right-of-way shall be a planting zone with canopy trees spaced 40 feet on center with trees having a minimum average mature canopy spread of 20 feet and an eight -foot vertical clearance for pedestrians. Palm trees may not be substituted for canopy trees. 3. The area between the pathway and building fagade may be landscaped or a widened pathway or hardscape with seating or plantings, a widened pathway, or a hardscape with seating or plantings. Illustration 1. US 41 Streetscape Zone 19 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC\2023\05-03\Materials\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text un d erlined is n ew text to be added 1 2 3 4 5 6 8 10 11 12 13 14 15 16 US 41 Right -of -Way FRONT YARD/5TREETSCAPE ZONE Line 10, S' min multiuse planting pathway zone 25' max 18' min FRONT YARDISTREETSCAPE ZONE (MAX. 25-) (If area is provided between pathway and building face, the area shall be seating, plantings, sidewalk or hardscape) F. Additional design standards for specific uses. Certain uses shall be subject to additional design standards: 1. Self-Storage/Mini Storage/Warehouse (SIC 4225) a. Subject to LDC section 5.05.08 E.2. (self -storage buildings). b. Multi -use requirement. i.�. At least 30 percent of the gross floor area must be occupied by an alternative use, such as service industries, multi -family dwellings, retail or shopping, restaurants, hotel or resort, or entertainment, integrated within the same building. 20 G:\LDC Amend ments\Advisory Boards and Pub i c Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to bead ded ii. Multi -use on site but not within the same building provided the non - storage use building is in the front part of the site and screens the view of the storage use behind. The intervening building shall not be occupied by a use that is listed in LDC section 4.02.43 F. C. Enhanced Derimeter buffer. In addition to satisfvina the reauirements of section 5.05.08 E.2. and except for US 41 frontage, the perimeter of the property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaped berm, consisting of a minimum of five canopy trees (palm trees may not substituted for canopy trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen within one year of plantinq. d. Building design criteria. if. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited; Access to individual units whether direct or indirect must be from the side of a buildina that is oriented interna iii. No buildings shall exceed 100 feet in length when adjacent to a residential zoning district; and iv. No outdoor storage of any kind is permitted. e. Locational criteria. Self-Storage/Mini-Storage/Warehouse shall be located no closer than 1,320 feet from the closest property line of another Self- Storage/M ini-Storage/Warehouse. 2. Facilities with Fuel Pumps including Gasoline Service Stations (SIC 5541) a. Subject to LDC section 5.05.05. b. Site design criteria. Pumps shall be located to the side or rear of the principal building. C. Enhanced Derimeter buffer. In addition to satisfvina the reauirements of section 5.05.05, the perimeter of the property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaping berm, consisting of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double -staggered hedge row maintained to form a 36-inch high continuous visual screen within one vear of plantina. D. Locational Criteria. Facilities with fuel pumps including gasoline service stations shall be located no closer than 1,320 feet from the closest property line of another facility with fuel pumps. 21 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 3. Car Washes (7542). a. Subiect to LDC section 5.05.11. b. Site design criteria. Vehicular stacking lanes and drive through lanes shall not be located closer to the US 41 right-of-way than the principal building and shall not be located in the front yard of a corner lot. C. Enhanced Derimeter buffer. In addition to satisfvina the reauirements of section 5.05.11 and except for US 41 frontage, the perimeter of property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaped berm, consisting of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen within one year of planting. d. Locational criteria. Car washes shall be located no closer than 1.320 feet from the closest property line of another car wash. 4. Eating and drinking establishment with drive -through facilities (5812 and 5813). a. Subject to maximum square footage requirements of the underlying zoning district, and subject to LDC section 5.05.08 F.6. b. Site design criteria. In addition to satisfying design standards of section 5.05.08 F.6., vehicular stacking lanes and drive through lanes shall not be located closer to the US 41 right-of-way than the principal building and shall not be located in the front yard of a corner lot. C. Locational criteria. Eating and drinking establishments with drive -through facilities shall be located no closer than 1,320 feet from the closest property line of another eating and drinking establishment with drive -through facilities. 5. Outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles shall be required to meet the following standards: a. Subiect to the wall or fence reauirements of LDC section 4.02.12. b. Shall be limited to occupying a maximum of 35 percent of the linear street frontage of the property along arterials, collectors, and local streets. C. Shall not be closer to the front property line along US 41 than the principal building they serve. d. Boats, vehicles, construction materials or equipment that are stored outdoors, on display outdoors, or for sale outdoors shall be limited to a maximum height of 17 feet above exi&tk4q finished grade. 22 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 e. Shall be set back at least 50 feet from a property line that is adjacent to or in view of property zoned for or used for residential purposes when exceeding a height of six feet. f. Enhanced perimeter buffer. Except for US 41 frontage, the perimeter of the property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaped berm, without a wall, consisting of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen within one year of planting, in addition to the wall or fence required in accordance with LDC section 4.02.12. G. Additional design standards for the Economic Development uses. The following design standards shall be applicable to all Economic Development uses identified in Table 1 of LDC section 2.03.07 R.4.: Loading areas. All loading areas shall be oriented away from adjacent residential uses, except for where obstructed by an intervening building. 2. Outside storage and display. No outside storage and display shall be permitted except when approved as part of a temporary/special event in accordance with LDC section 5.04.05. 3. Operations. a. All activity associated with the uses in this category shall be conducted within a fully enclosed building. Activity includes but is not limited to the following: i. The use or storage of any fixed or movable business equipment; ii. The use, storage, display, sale, delivery, offering for sale, production, or consumption in any business, or by any business invitee on the premises of the business, of any goods, wares, merchandise, products, or foods; or iii. The performance of any work or services. iv. All Economic Development use operations and equipment, including accessory process equipment, such as compressors and air handlers. shall be contained in an enclosed structure. 4. Noise. No Economic Development use shall produce noise exceeding the sound level limits for Commercial or Tourist uses as set forth in the Collier County Noise Control Ordinance No. 90-17. as amended. 5. Odors. No Economic Development use shall cause or allow the emission of noxious odors or fumes. 23 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 6. Vibrations. No use shall operate to produce ground vibration noticeable by a 2 reasonable person with normal sensitivity, outside the building for single -use 3 buildings or outside the Economic Development use space inside mixed use and 4 multi -tenant buildings. 6 7. Smoke and particulate matter. No Economic Development use shall discharge 7 outside the building for single -use buildings or outside the Economic Development 8 use space inside mixed use and multi -tenant building any toxic or noxious matter 9 in such a concentration that will endanger the public health, safety, comfort, or 10 general welfare. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 8. Electrical disturbance. No Economic Development use shall create any electrical disturbance which interferes unduly with the normal operation of equipment or instruments or which is reasonably likely to cause injury to any person located inside or outside buildina. 9. ADDearance. Industrial/factory buildinas shall be desianed in accordance with the provisions of LDC section 5.05.08, excluding the exceptions, modifications, and additions listed in LDC section 5.05.08 E.7.b. through h. In addition, rooftop mechanical equipment shall be fully screened by parapets or other methods of screening and such parapets or other screening material shall not exceed 10 feet in height. 10. Enhanced perimeter buffer. Except for US 41 frontage, the perimeter of property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulatina landscaped berm, without a wall, consistina of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen within one year of planting. H. Criteria for bonus maximum height and/or bonus maximum density. Bonus density and/or bonus height may be granted per LDC section 4.02.43 B. for development in the US 41 EZO-RC and US 41 EZO-CC Subdistricts based on the followina criteria: 1. Enhanced development criteria. Bonus densitv and/or bonus heiaht may be allocated for the provision of one or more of the following enhancements in accordance with the specified percentages up to the maximum bonus height and/or bonus density listed in LDC section 4.02.43 C.1.a. For example, a site that is located in the US 41 EZO-CC with no eligible base density seeking to develop a qualifying vertical mixed use protect with a nature trail may develop at a density of 9.6 du/ac calculated as follows: 30% + 30% = 60% of 16 du/ac or 9.6 du/ac and additional height of 12 feet, calculated as follows: 30% + 30% = 60% of 20ft or 12 feet. a. Vertical mixed use. (30 percent of eliaible bonus densitv and/or bonus height) The development integrates multifamily dwellings with service industries, retail and shopping, restaurants (without drive through facilities), grocery stores, hotels or resorts, or entertainment, within the same building. No single use may occupy more than 70 percent of gross floor area. 24 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 b. Nature trails outside of required preserve areas. (30 percent of eligible 2 bonus density and/or bonus height) A nature trail that is pervious or 3 impervious pathways and boardwalks that are accessible to the public, in 4 accordance with LDC section 3.05.07 H.1.h. 6 C. Green building. (30 percent of eligible bonus density and/or bonus height) 7 The principal building meets requirements necessary to receive 8 certification from the U.S. Green Building Council at any LEEDO level, or 9 an equivalent level of development performance under an alternative rating 10 system such as the National Green Building Standard TM/NGBS Green or 11 the International Code Council's International Green Construction Code. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 d. Low Impact Development (LID). (30 percent of eligible bonus density and/or bonus height) LID strategies utilize various land planning, design and construction practices that incorporate innovative green stormwater infrastructure that reduces and treats stormwater by retaining rainfall on - site. Acceptable LID methods include rain gardens, vegetated swales, buffers and strips, curb cutaways for median storage, bioswales, bioretention cells, rain barrels, permeable pavement or pavers/porous asphalt/pervious concrete, and other infrastructure that includes in -ground infiltration and storage of stormwater. e. Canopy trees. (30 percent of eligible bonus density and/or bonus height) All required trees provided on site are canopy trees and do not include palm trees of any species or type. f. Housing choices. (20 percent of eligible bonus density and/or bonus height) The development includes a mix of at least two distinctly different housing types as permitted in LDC section 2.03.07 RA. No more than 80 percent of dwelling units may be comprised of a single housing type. Green roof. (20 Dercent of eliaible bonus densitv and/or bonus heiaht) The development provides a green/vegetated roof on the primary structure, or on at least 50 percent of the primary buildings in a multi -building complex; green/vegetated roofs shall include vegetation on at least 50 percent of the roof area and shall be constructed in accordance with the Buildina Code and ASTM green building standards. h. Publicly accessible environmental education signage. (20 percent of eligible bonus density and/or bonus height). i. Additional native preservation. (20 percent of eligible bonus density and/or bonus height) Area of native trees or native habitat preserved is 150 percent or greater than the minimum requirement of LDC section 3.05.07. j. Adjacent to a water resource. (20 percent of eligible bonus density and/or bonus height) The development includes physical improvements and easement dedication for public access in proximityto a canal, lake orwater resource. To be eligible for the bonus density or bonus height ,at least two 25 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx 1 2 3 4 5 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to bead ded of the following items must be included in the development and publicly accessible by dedication of a public access easement: i A six -foot -wide walkway with canopy trees an average of 50 feet on center with shaded benches a minimum of six feet in length located on average every 150 feet; ii A public access pier with covered structure and seating; or iii An intermittent shaded plaza/courtyard, a minimum of 200 square feet in area with benches and/or picnic tables adjacent to the water resource. Provides access from the site to any adjacent public recreational lands. (20 percent of eligible bonus density and/or bonus height). I. Gathering place. (10 percent of eligible bonus density and/or bonus height) Open space within the site shall include a gathering place, which shall be a minimum of 10 percent of the project site. Gathering places are central outdoor spaces which are designed with amenities and features that allow the general public to congregate. Examples include outdoor spaces such as plazas, parks, farmers' markets, and amenities adjoining sidewalks and trails such as benches, exercise stations, and gazebos. The gathering place shall be visible and easily accessible from a public road and shall be clearly located and designed so that it can be used by both occupants and the public. M. Arts, culture and creativity. (10 percent of eligible bonus density and/or bonus height) The development shall include public art displayed in a prominent location, such as a plaza or civic space, subject to Public Art Committee review and BCC approval. I. Deviation requests for projects in the US 41 EZO. 1. Purpose and Intent. Property owners in the US 41 EZO may request deviations from certain standards, as established in LDC section 4.02.43 1.2., to allow for flexibility in building and site design, and to support and initiate incentives for new development on vacant property or redevelopment on existing sites. 2. Applicability. a. The Administrative Code shall establish the process and submittal requirements for deviation requests in the US 41 EZO. Deviations in the US 41 EZO may be requested for new development or redevelopment projects in connection with any of the following types of applications: i. SDP, SDPA, or SIP as established in LDC section 10.02.03; ii. Building permit for signs as established in LDC section 5.06.11; or 26 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to bead ded iii. PPL for townhouses developed on fee simple lots under individual ownership, as established in LDC section 10.02.04. b. Unless otherwise specified, property owners shall be eligible to seek a deviation from the followina code provisions: i. LDC section 4.02.43 C.1.a., Table 1. Dimensional Requirements in the US 41 EZO, excluding building height. ii. Loading space requirements: LDC section 4.05.06 B. iii. Landscaping in vehicular use areas: LDC section 4.06.03 B. iv. Landscaping requirements for industrial and commercial development: LDC section 4.06.05 B.1. V. Building foundation plantings: LDC section 4.06.05 C., including Table inset. vi. Development standards for signs in nonresidential districts: LDC section 5.06.04. 3. Conflict with other relief processes. a. This section is not intended to replace the current established process of requesting deviations associated with the following: i. Master plan elements of the respective PUD pursuant to LDC section 10.02.13. However, the deviation process of LDC section 4.02.43 I. is available to PUD-zoned lands within the US 41 EZO provided that such request is based on a specific dimensional or design requirement described in LDC section 4.02.43 1.2, and provided the request further promotes compliance with the purpose and intent of the US 41 EZO. ii. Site plan with Deviations for Redevelopment protects pursuant to LDC section 10.02.03 F., unless such request is based on a dimension, site feature, or architectural standard listed under LDC section 4.02.43 1.2. iii. Deviations and alternate compliance pursuant to LDC section 5.05.08 G. iv. Post take plan application pursuant to LDC section 9.03.07 D. b. Deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with LDC section 9.04.00. 4. Evaluation criteria. When evaluating a deviation, the following criteria shall be considered: 27 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to bead ded GWFF8..++....++.. hRd..I.4Qd a. Whether the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable; b. Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request; and C. Whether the reduced or increased standard reauested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on -site mitigation include but are not limited to: increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits. 5. Public notice. Public notice, including signage, notice to property owners, and an advertised public hearing, is required for deviation requests and shall be provided in accordance with the applicable provisions of LDC section 10.03.06 R. # # # # # # # # # # # # # 10.03.06 - Public Notice and Required Hearings for Land Use Petitions R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F, deviations in the GGPOD, pursuant to LDC section 4.02.26 E., and the LBDPA, pursuant to LDC section 4.02.16 C.13, and the US 41 EZO, pursuant to LDC section 4.02.43 I. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. For deviations in the US 41 EZO, Planning Commission hearing is required. 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.b.Mailed Notice prior to the advertised public hearing. b. Mailed Notice prior to the advertised public hearing. C. For deviations in the US 41 EZO. a NIM. See LDC section 10.03.05 A. 28 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx DRAFT Text underlined is new text to bead ded 1 d. For deviations in the US 41 EZO, the posting of a sign prior to the first 2 advertised public hearing. 3 4 5 6 # # # # # # # # # # # # # 29 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Mate ri als\PL20220008725 - US 41 EZO LDCA (04- 26-2023).docx Exhibit — US 41 East Zoning Overlay Map I � � � - ME 96 - �� : � ■� ��\�. | K � 30 G±DcAmend _nGGiRBoards and Public Hm±amsQm2aS-03%a 6aPLmGmmGS-US«EZOLDc(&gEm2)aa«x Exhibit B — US 41 East Zoning Overlay Map 2 ❑ iiFr l N 9] F.a31 ZIRNIRg Utvday MAP ! CAlirr C' untV, Floods a a e 1 rt i h sac re cl fffF •x4 h 0 7,0002Od4 d.UO¢Fret CGGG US47EEOCOMMUNITY -CENTER anoPrm-xxxx 4+A. w ]06' US 41 [MD OORPPOOR .�4..,o US 47 EZ0 REa+4L CENTER 31 G:\LDC Amend ments\Advisory Boards and Public Hearings \DSAC\2023\05-03\Materials\PL20220008725 - US 41 EZO LDCA (04-26-2023).d ocx Exhibit C — US 41 East Zoning Overlay Map 3 DRAFT �T US 41 Past Z*nLlkgOw-rlay flap i CoUirr Cnumty, Cori In J E A-� �I POILWI oy. 0 2.500 5.0W 14A40 Feet CLCI� US 41 EZ0 04MMUNITY CENTER --ED . X1{1{X 4o. Nd ]04' i F 1 F I I 1 I i � US 41 Ei10 G(MM(1i US 47 Ead REGIONAL CENTER 32 G:\LDCAmendments\AdvisoryBoardsandPublicHearings\DSAC\2023\05-03\Materials\PL20220008725-US41 EZOLDCA(04-26-2023).docx Co ie-r CO14 ty Growth Management Community Development Department 2023 Land Development Code Amendments - Public Meeting - Development Services Advisory Committee - Land Development Review Subcommittee Tuesday, March 21, 2023 3:00 p.m. 2800 N. Horseshoe Dr., Naples, FL Growth Management Community Development Department Building Conference Room 609/610 Agenda: 1. Call to Order 2. Approve Agenda 3. Old Business 4. New Business a. PL20220008725 — US 41 East Zoning Overlay (US 41 EZO) 5. Public Comments 6. Reminder of Next DSAC-LDR Subcommittee Meeting Date: a. May 16, 2023 (will discuss alternate dates for the December meeting) 7. Adjourn For more information please contact Eric Johnson at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov Co Ter County Growth Management Community Development Department Zoning Division LAND DEVELOPMENT CODE AMENDMENT PETITION PL20220008725 ORIGIN Board of County Commissioners (Board) HEARING DATES BCC TBD CCPC TBD SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment proposes the US 41 East Zoning Overlay (US 41 EZO) along the US 41 East corridor (Tamiami Trail East). The overall purpose is to implement general concepts, development, and design standards as well as the recommendations derived from community input and the East Naples Community Development Plan (ENCDP). LDC SECTION TO BE AMENDED 01.08.02 Definitions 02.03.07 Overlay Zoning District DSAC TBD 04.02.43 Design Standards for the US 41 East Zoning Overlay (US 41 DSAC-LDR 3/21/2023 EZO) (New Section) 10.03.06 Public Notice and Required Hearings for Land Use Petitions ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC TBD TBD TBD BACKGROUND On February 14, 2017, the Board directed staff to engage the East Naples community in a public planning process to identify and incentivize desired land uses and development along the US 41 East (Tamiami Trail) corridor. On April 24, 2018, staff and their consultant, Johnson Engineering, Inc., presented the US 41 Corridor Study (Corridor Study) to the Board. The Corridor Study included four meetings to engage the public and solicit community input and resulted in recommendations that included: a community -based branding project, land use preferences, strategy to limit undesirable uses, landscaping preferences, and transportation needs. Following the Corridor Study, staff received Board direction to prepare a community development plan for the East Naples community that would establish a vision for the area to guide future development and redevelopment. In January 2020, the consulting firm of Tindale Oliver contracted with the Board to prepare the East Naples Community Development Plan. In October 2020, the East Naples Community Development Plan (ENCDP) was accepted by the Board of County Commissioners. The development of the ENCPD included an extensive public input process culminating in a community plan that guides land uses and development, promotes various transportation modes, highlights the community's assets/improvements, provides follow-up efforts to address topics of community interest, and provides steps on implementation. The ENCDP prioritizes the development and implementation of a zoning overlay along the US 41 East corridor (Tamiami Trail East), specifically providing for its establishment within 5-years from the date of acceptance by the Board. An objective of the US 41 EZO is to promote the strategic placement of land uses to enhance the community's sense of place by providing guidance on future development and redevelopment projects that expand employment opportunities, leisure activities, dining, and shopping to meet the growing needs of the community. Additionally, the US 41 EZO addresses land uses deemed undesirable by the community that are intended to be interspersed throughout the county and proximate to the residents and businesses they serve; these uses include self-storage/mini-storage warehousing, gasoline service stations, car washes, fast food restaurants with drive-thru windows, and outdoor display, sale and storage uses. In 2021, the County contracted with Johnson Engineering, Inc. to assist with preparing the US 41 EZO to ensure G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx Co Ter County Growth Management Community Development Department Zoning Division consistency with the ENCDP. The community has been actively engaged with staff and the County's consultant in developing the US 41 EZO for the segment of US 41 East that generally begins at Palm Drive (near the Collier County government center) and extends to the east side of Port of the Islands. During the months between January and November 2022, the project team conducted staff team meetings, and stakeholder and community meetings to solicit input on the development and design standards for residential, mixed -use, and commercial development, and spacing criteria for commercial uses, in part, to address the undesirable uses identified in the ENCDP. FISCAL & OPERATIONAL IMPACTS No fiscal impacts are anticipated. However, the workload of the Collier County Planning Commission has the potential to increase due to the creation of the deviation process, resulting in an operational impact. Notwithstanding the potential benefits gained from relaxing certain development standards and allowing a vast array of new uses, there is a potential impact to property owners if existing buildings become non -conforming once the US 41 EZO is adopted. GMP CONSISTENCY To be provided by Comprehensive Planning Staff after first review. A companion Growth Management Plan (GMP) amendment petition has been submitted concurrent with this zoning overlay to provide for the proposed increase in density and intensity of uses allowed by the overlay. Therefore, the proposed zoning overlay may be deemed consistent with the Future Land Use Element of the GMP once the GMP amendment is adopted and becomes effective. EXHIBITS: A) US 41 East Zoning Overlay Map 1 B) US 41 East Zoning Overlay Map 2 C) US 41 East Zoning Overlay Map 3 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT Amend the LDC as follows: 1.08.02 — Definitions Text underlined is new text to be added Text strikethro gh is GUrreRt text to he deleted Mean high-water line: The intersection of the tidal plane of mean high water with the shore as established by the Florida Coastal Mapping Act of 1974, Chapter 74-56, Laws of Florida. Micromobility: Any small, low -speed, human- or electric -powered transportation device, including bicycles, scooters, electric -assist bicycles, electric scooters (a.k.a. e-scooters), Low Speed Electric Vehicles (LSV), and other small, lightweight, wheeled conveyances. Mixed use project approval process: A process by which a land owner may petition for approval of a mixed use project — a mix of commercial and residential uses, as provided for in certain zoning overlay districts. If located within certain subdistricts in the Bayshore Zoning Overlay District or the Gateway Triangle Zoning Overlay District, such a petition may include a request for increased density by use of density bonus pool units. * * * * * * * * * * * * * Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures. Structural Cell: A structural cell is a modular suspended pavement support system that allows for the retention of greater amounts of lightly compacted soil beneath pavement while ent arotftion. Subdivision: T division of land, whether improved or unimpro, contiguous lots, parcels, t cts, tiers, blocks, sites, units, or any other d which do not equal or excee 0 acres, for the purpose, whether imme of ownership or development; or y division of land if the extension of establishment of a new street is invo ed to provide access to the land. resubdivision, the division of land into 3 more horizontal condominiui cooperative parcels, and the division or de opment of residential or n whether by deed, metes and bounds descripti devise, intestacy, ma condominium parcels, horizontal cooperative parc or other recorde appropriate to the context, means the process of sub iding or to the I subdivided. �d, into 3 or more fision of land any of iate or future, of transfer in existing street or the Fhe term includes I parcels or horizontal nresidential zoned land, plat, horizontal instrument, and, when nds or areas # # # # # # # # # # THESE TWO "USES" ARE AT 2.03.07 — Overlay Zoning Districts ODDS WITH ONE ANOTHER-I.E., 3 ROOT INTRUSION INTO GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word STORMWATER Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx SYSTEM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted R. US 41 East Zoning Overlay (US 41 EZO). 1. Purpose and Intent. The purpose and intent of the US 41 East Zoning Overlay district (US 41 EZO) is to implement certain concepts and recommendations of the East Naples Community Development Plan (ENCDP). This is accomplished through the establishment and designation of three overlay subdistricts as described in 2.03.07 R.3. below: Regional Center Subdistrict, Community Center Subdistrict, and Corridor Subdistrict. 2. Applicability. a. Unless otherwise expressly stated, the use regulations of this section and the design standards of LDC section 4.02.43 shall apply to all properties within the US 41 EZO, as shown in Maps 1 - 3 of LDC section 2.03.07 R.3.b. For a PUD established prior to [INSERT ADOPTION DATEI, 2023, a PUD amendment is not needed for a property owner to utilize the uses and design standards of the US 41 EZO to apply. Uses that are existing as of [INSERT ADOPTION DATEI may continue to operate as a permitted use until the use ceases for a period of one year, then the design standards of LDC section 4.02.43 shall aDDly. Properties located within the Port of the Islands that are also within the boundary of the US 41 EZO are subject to the Port of the Islands Development Agreement of 1985 and are not subject to the use regulations of the US 41 EZO. 3. Establishment of Subdistricts. a. Purpose and Intent. The US 41 East Zonina Overlav Reaional Center Subdistrict (US 41 EZO-RC). The US 41 EZO-RC is intended to promote medium to high intensity mixed -use development, economic development uses, commercial, office, and residential development at the major intersections identified on the FLUM as Activity Centers #16, #17, and #18, excluding property located within the Bayshore Gateway Triangle Community Redevelopment Area. These centers accommodate residential and mixed -use living environments that provide access to goods, employment, dining, entertainment, and services for regional and local residents. Development is typically compact and urban in character. Incentives relative to height and density allowances have been established in LDC section 4.02.43 to encourage a pedestrian/transit-friendly development pattern. ii. The US 41 East Zoning Overlay Community Center Subdistrict (US 41 EZO-CC). The US 41 EZO-CC is intended for moderate to low intensity mixed -use development, economic development uses, commercial, office, and residential development at key 4 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 intersections. These centers accommodate residential and mixed - use living environments that provide nearby residents and other travelers along the corridor convenient access to goods, dining, entertainment, and services. Incentives relative to height and density allowances have been established in LDC section 4.02.43 H. to encourage a pedestrian/transit-friendly development pattern. iii. The US 41 East Zoning Overlay Corridor Subdistrict (US 41 EZO- COR). The US 41 EZO-COR is intended to allow uses in the underlying zoning districts and economic development uses (except economic development uses are not allowed on those properties designated Conservation on the Future Land Use Map and Port of the Islands). This Subdistrict establishes use regulations and design standards for commercial and economic development uses. Boundaries of US 41 EZO and Subdistricts. The boundaries of the US 41 EZO and Subdistricts are identified in Maps 1 - 3 below: [INSERT MAP(S)1 Map 1-US 41 East Zoning Overlay Map 2-US 41 East Zoning Overlay Map 3- US 41 East Zoning Overlay 4. Table of Uses. a. The Table of Uses identifies Dermitted and conditional uses in the US 41 EZO. Any existing permitted or conditional use in an underlying zoning district remains permitted or conditional. Any substantial improvement to an existing permitted or conditional use is subject to the design standards of LDC section 4.02.43, as applicable. Once a conditional use has been discontinued for a period of one year, it is subject to the additional design standards of LDC section 4.02.43, as applicable. New conditional uses require approval in accordance with the procedures set forth in LDC section 10.08.00. b. Table 1 Uses. 5 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added Text strikethro gh is er.t text to he deleted Use Category Regional Center Subdistrict US 41 EZO-RC Community Center Subdistrict US 41 EZO-CC Corridor Subdistrict U( S 41 EZO-COR) Residential Uses 1 Artist villa e. P P 2) Mixed -Use Development including, Multi- P P Family and/or townhouses. 3 Live -work units. P P Commercial Uses' 1 Hotels and motels 7011 7021 and 7041 P P Economic Development Uses' 2,3 1 Aircraft and parts 3721-3728 . P Cu Cu 2 Beverages 2082-2087 . P Cu Cu 3 Communications a ui ment 3661-3669 . P Cu Cu 4 Computer and office a ui ment 3571-3579 . P Cu Cu 5 Dental laboratories 8072 . P Cu Cu 6 Drugs 2833-2836 . P Cu Cu 7 Electrical industrial apparatus 3621-3629 . P Cu Cu 8) Electric lighting and wiring equipment (3641— P Cu Cu 3646 3648. 9) Electric transmission and distribution P Cu Cu equipment 3612-3613 . 10) Electronic components and accessories P Cu Cu (3671-3679). 11) Engines and turbines (3511-3519). P Cu Cu 12) Furniture and fixtures, not elsewhere P Cu Cu classified(2599 . 13) General industrial machinery and equipment P Cu Cu 3561 3563 3565-3569 . 14) Household appliances, not elsewhere P Cu Cu classified(3639. 15) Household audio and video equipment, and P Cu Cu audio (3651-3652). 16) Jewelers' findings and materials, and lapidary P Cu Cu work 3915 . 17) Laboratory apparatus and analytical, optical, P Cu Cu measuring, and controlling instruments (3821- 3829 . 18) Manufacturing industries, not elsewhere P Cu Cu classified(3999. 19) Metalworking machinery and equipment P Cu Cu 3546 and 3548 . 20) Miscellaneous electrical machinery, P Cu Cu equipment, and supplies (3691-3692, 3695- 3699 . G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 DRAFT Text underlined is new text to be added Text strikethrr. gh 'c ono t8Xt W ho d8leti-d 21) Miscellaneous industrial and commercial P Cu Cu 3593-3599 . 22 Ophthalmic gooqsL3851h P Cu CU 23 Photographic e ui ment and supplies Qq6lh P Cu CU 24) Refrigeration and service industry machinery P Cu Cu 3581-3582 3586-3589 . 25) Search, detection, navigation, guidance, P Cu CU aeronautical, and nautical systems and instruments 3812. 26) Special industry machinery, except P Cu Cu metalworking 3552-3559. 27) Surgical, medical, and dental instruments and P Cu CU supplies 3841-3845. 28) Transportation equipment, not elsewhere P Cu Cu classified 3799. 29) Watches, clocks, clockwork operated P Cu Cu devices, and parts (3873). Notes: See LDC section 4.02.43 C.13. for pollution control standards. 2 See LDC section 4.02.43 G. for additional design standards specific to Economic Development uses. 3 For properties designated Conservation on the Future Land Use Map and located within the US 41 EZO-COR economic development uses may not be allowed. # # # # # # # # # # # # # 4.02.43 — Design, Bonus Density, and Height Standards for the US 41 East Zoning Overlay (US 41 EZO) A. General for Regional Center, Community Center, and Corridor Subdistricts. 1. Regional and Community Center Subdistricts. Properties within the US 41 EZO- RC and US 41 EZO-CC shall be subject to the standards of 4.02.43 A. through I. 2. Corridor Subdistrict (US 41 EZO-COR) a. Properties within the US 41 EZO-COR with underlying zoning of commercial or commercial tracts of a PUD shall be subject to LDC sections 4.02.43 A.,C., F., G., and I. b. Properties with underlvina zonina of residential sinale-familv or multi-famil (only RMF-6 and RMF-12); residential tracts of PUD districts; rural agricultural (A) and estates (E) districts; civic and institutional (P and CF) districts; or open space districts (GC and CON) shall only be subject to LDC section 4.02.43 C.1. and 3. through 6. for architectural standards, and 4.02.43 F.5. for outdoor use standards. Except as stated above, properties 7 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DRAFT Text underlined is new text to be added Text otrikethrei igh is ent text to he deleted shall comply with the dimensional standards for principal and accessory uses in the underlying zoning district and all other applicable LDC Standards. 3. The following provisions shall not apply to properties in the US 41 EZO: a. LDC section 4.02.01 B. (Open Space Requirements) b. LDC section 4.02.38 (Specific Design Criteria for Mixed Use Development within C-1 through C-3 Zoning Districts). C. LDC section 5.03.02 H. (Wall Requirement between Residential and Nonresidential Development). B. Density and heiqht. Residential density and building heiqht shall be C. Architectural, building and site design standards. 1. Dimensional and Design Standards. a. Table 1. Dimensional Reauirements in the US 41 EZO. WHY? HOW IS RES PROTECTED; Tall.E., FROM HEADLIGHT GLARE, NOISE AT GRADE? US 41 EZO-RC I US 41 EZO-CC US 41 EZO-COR Min. Lot Area (sq. ft.) Townhouse: 2,000 (per unit) All other uses: 10,000 Min. Lot Width (ft.) Townhouse: 20 All other uses: per underlying zonin district. Max. Floor Area Ratio N/A Efficiency: 450 DOUBLE LOADEI 1 Bedroom: 600 DRIVE IS 24' - 2+ Bedroom: 750 HOW DOES THIS For all other uses: 1,000 (ground floor) WORK WITH None. 18-25'? Min. Floor Area (sq. ft.) Max. Lot Coverage Re uired Yards Front Yard/ Streetscape Zone for US 41 (fL 18 ft. minimum to 25 ft. max./ All projects Per underlying zoning, limited to a maximum of shall provide a 10 ft. multiuse pathway, accommodating pedestrians, bicyclists, and one double loaded drive other modes of micro -mobility. For all aisle of parking in the front yard. THE BALANCE PRO\ FOR ONLY 8-15' OF projects providing a front yard setback of 20 ft. or greater, the 10 ft. multiuse pathway must be designed in combination with planting, seating, or hardscaped areas. See LDC section 4.02.43 E. for additional re uirements. 'IDES PLANTABLE AREA; I.E., 8 LARGE CANOPY TREES WILL LIFT ADJACENT GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\ rd ILL LIFT ADJACENT Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx REGARDLESS OF ROOT BARRIER PROVISION DRAFT Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted Front Yard (Other) (ftX Per underlying zoning, except that corner Per underlyinq zoning. lots must maintain the front yard/ streetscape along the road frontage that is perpendicular to US 41. Min. Side Yard 0 0 15 — Min. Rear Yard ft. 2 15 15 \ 15 Max. Height (ft.) Townhouse: 45 nhouse: 45\\\ Townhouse: 35 All other uses: Per All oft9r, uses: r All other uses: Per underlying zoning under) in zoning under) in zoning district. I district. diatrict. Max. Bonus Height Additional 20 feet above height allowed b- underlying zoning. r Max. Densit Per the underlying zo\Nng district per FLUE. WALL? W Max. Bonus Densit 3 Up to 20 DU/actI U o 16 DU/act N/A 1KI(`nrkADA 1 2 3 4 SHOULD THIS i Notes: ALSO HAVE A °2" SUPERSCRIPT? 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 HOW IS HEIGHT MITIGATED FOR ADJACENT RES? I Ili V V IV I ITH ,TIBLE USE TO RES? 'No building, appurtenance, or site design element or any outdoor seating areas shall project beyond the property line or be placed into a right-of-way. 2Properties with a side or rear yard abutting residentially zoned property shall be subject to a building setback of 25 feet along the shared property line applicable to the first 25 feet of building height. For building height above 25 feet, the building is required to step - back at a 45-degree plane pursuant to LDC section 4.02.43 C.6. 3The maximum bonus height and maximum bonus density may be achieved if the project meets criteria pursuant to LDC section 4.02.43 H. 41ncudes density per the underlying zoning district per FLUE. 2. Exemptions from Design Standards Vertical Mixed Use. LDC section 5.05.08 (Architectural and Site Design Standards) shall not apply to "vertical mixed use" projects, except for the followina standards: a. LDC section 5.05.08 D.6. (Blank wall areas on buildings with primary facades); b. LDC section 5.05.08 D.8. (overhead doors); WHY NOT 5.05.08 C. LDC section 5.05.08 D.15. (neon tubing); F. 2.? (OFF- STREET PARKING t� DESIGN)? with LDC section 4.02.43 C.8.d. f. LDC section 5.05.08 F.3. (pedestrian pathways); q. LDC section 5.05.08 F.4. (service function areas and facilities); h. LDC section 5.05.08 F.6. (drive -through facilities location and buffering standards); 9 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 DRAFT LDC section 5.05.08 F.7. (liahti Text underlined is new text to be added Text str'Lethrn nh is ono text to he deleted 3. Terminating vistas. Buildings or protects that terminate a vista at the end or turning point of any street or pedestrian path shall include design features to emphasize the importance of the view. Examples of design features include but are not limited to tower elements, Porte-cocheres, and cupolas. 4. Roof material. Asphalt shingles are prohibited. 5. Exterior building facade materials. Corrugated or metal panels are limited to no more than 33 percent of exterior building facades (not applicable to roofs). 6. Architectural massing. Transitional massing elements specified in LDC section 5.05.08 D.3. shall be replaced by the following step -back requirement applicable to all buildings in the US 41 EZO: a. Properties with a side or rear vard abuttina residentiallv zoned DroDert Max height shall be subject to a building setback of 25 feet along the shared property line for the first 25 feet of building height and then the building shall step back extending upward at a 45-degree angle until reaching the maximum height limit of the subdistrict, including bonus height, as indicated in the following illustration: U541 EZO Residential Zoning 0 Z 5T1 Figure 1: Building Step -back when Abuttinq Residential Zoning 7. Streetscape design of building facades fronting on US 41. a. Desian features at intersections. Buildinas located at the intersection of two or more roadways shall include design features to emphasize their location as gateways and transition points within the community. Examples of required design features include but are not limited to tower elements, public plazas, or courtyards. Windows. The around floor of non-residential buildinas shall have at least 60 percent of its facade designed with windows consisting of clear glazing that shall not exceed a tint of more than 25% to provide visual interest for pedestrians and to serve as a deterrent to crime. 10 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 WITH DRAFT Text underlined is new text to be added Text strikethro gh is GUrreRt text to he deleted C. Building entrances. Buildings located along US 41 must be designed with main entrances for pedestrians clearly defined and oriented to US 41. 8. Landscape. Landscaping and buffering shall be provided in accordance with LDC section 4.06.00 at time of SDP or PPL, except as follows, and except if additional buffering is required for specific uses or for Economic Development uses pursuant to LDC section 4.02.43 E., F., and G. POWERLINES IN THE CORRIDOR, THIS SHOULD BE RECONSIDERED IN LIGHT OF THE REDUCED BUFFER AREA DUE TO MIN -MAX FRONT YARD AND 10' PATHWAY PROVISIONS... NORTH OF 41 DOES NOT REQUIRE 100& NATIVES THIS CATEGORICALLY RAISES CONSTRUCTION COSTS FOR OWNERS / COUNTY - HOW DO YOU PROPOSE TO INSPECT THIS IS DONE? rV 41 42 43 10' ALONG 41? THIS LDC SEC IS NOT IN MUNICODE [4.02.39 IS "...HOUSING THAT IS AFFORDABLE..." & IS THE LAST SECTION IN 4.02 a. For purposes of implementing the US 41 EZO, palm trees shall not be substituted or considered equivalent for canopy trees. Royal Palm (Roystonea spp.) and Date Palm (Phoenix spp.) trees shall not be considered canopy trees. b. Buffers. A minimum eiaht-foot-wide landscape buffer shall be Drovided internal to the development project along the US 41 frontage outside of the right-of-way and may only be interrupted to provide for vehicular or pedestrian access. At a minimum, the landscape buffer shall include the following: a) Canopy shade trees spaced 40 feet on center with trees having a minimum average mature canopy spread of 20 feet and an eight -foot vertical clearance for pedestrians if applicable. b) A continuous 3 gallon, double row hedge, spaced 3 feet on center, and a minimum of 24 inches in height at the time of planting and maintained pursuant to LDC section 4.06.05 DA. c) The remaining area of the planting zone must contain only native vegetation, grass, ground cover, or other landscape treatment in accordance with LDC section 4.06.00. d) Provide structural cells for healthy tree growth and improved ecological function in planting zones that are eight feet in width or pursuant to LDC section 4.02.43 C.8.iii. When a development Droiect consists of a nonresidential use and is adjacent to lands located outside the US 41 EZO and zoned for residential use, a minimum ten -foot -wide landscape buffer strip with shrubs and trees shall be required unless reduced pursuant to LDC ---------- section 4.02.43 C.8.b.iii. Shrubs shall be no less than five feet in height and spaced a maximum of four feet on -center at the time of planting. Trees shall be a minimum of 10 feet in height, four feet in spread, 13/4-inch caliper, and spaced a maximum of one per 25 linear feet. These landscape buffers may be interrupted to provide for pedestrian access or vehicular interconnections only. 11 lments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning \PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT 1 FOR AN FPL EASEMENT THIS PUTS TREES NEAR POWERLINES 8 9 10 11 12 13 14 1 G 4.06.05.D.1.a. REFERENCES NATIVES NORTH / SOUTH OF 41 ??? 20 21 22 FOR SUSTAINABILITY THIS SHOULD Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted Where a Drooerty abuts a riaht-of-way. access easement. or -, roadway that parallels US 41, the landscape buffer may be reduced to five feet with canopy trees spaced no more than 40 feet on -center with trees having a minimum average mature canopy spread of 20 feet and an eight -foot vertical clearance for pedestrians if a 10-foot- wide easement is dedicated to the County for future development of a multiuse path along such property line. Collier County may make enhancements within the 10-foot-wide easement running adjacent to the property line for use as a multiuse path. Enhancements may include a multiuse path and urban design improvements such as street furniture, lighting and pedestrian walkways. C. Parking lots, vehicular use areas, and service function areas. Landscaping for off-street parking lots, vehicular use areas, and service function areas shall be designed in accordance with LDC section 4.06.03, except for the following: i. Interior of parking lot. a) A maximum of 30 percent of the landscape islands may --------------------- - have a minimum width of five feet. Provide structural cells in antina areas that are five to eiaht feet in width. ALLOW PALMS / b) Plantings shall be a maximum of 25 percent native turf SEE PREVIOUS grass. The balance shall be shrubs or groundcover in STRUCTURAL planting areas appropriate to the design. CELL CONCERN 31 32 5' IS NOT SUSTAINABLE FOR TREES 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ii. Perimeter of parking lot, vehicular use area, or service function desianed in accordance with the followina: a) Trees a minimum of 10 feet in height, four feet in spread, 13/4-inch caliper, and spaced a maximum of one per 25 linear feet. b) Shrubs arranaed in a staaaered Dattern with a minimum size of three gallons, spaced no more than three feet on -center at the time of planting to provide year-round screening. Where the perimeter planting area abuts lands outside the US41 EZO and zoned for residential use, the shrubs shall be no less than five feet in height and spaced four feet on - center at the time of planting. c) Perimeter planting areas may be interrupted to provide for driveway openings or for pedestrian access points. 12 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT 1 3 4 5 6 7 THIS REDUCE BFPA & DOES NOT TAKE INTO ACCOUNT BUILDING HEIGHT / INCREASED TREE HEIGHTS 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted d. Building foundation plantings. i. Buildings, including parking structures with ground floor commercial or residential along the front facade, shall be required to have foundation plantings designed in accordance with LDC section 4.06.05, except for as follows: 9. Open space. a) The minimum required planting area shall be the equivalent of 10 percent of the gross ground floor area of the building. b) As an alternative to providing a continuous building foundation planting width, the planting areas shall be located within 25 feet of the building edge in the form of landscaped courtyards and seating area landscaping_ c) It is unnecessary to Drovide foundation Dlantinas alon facades where the building is setback less than five feet from the property line; however, the minimum size of the required planting area shall still be required and re -allocated elsewhere on -site. d) None of the required foundation plantings shall be located within perimeter buffers or within parking lot, vehicular use, or service function areas. Stand-alone Darkina structures and Darkina structures desianed without ground floor retail or residential uses along the front facade in accordance with LDC section 4.02.43 C.14.e shall provide foundation landscaping in accordance with LDC section 4.06.05 C., except that the minimum width of the planting area shall be 10 feet. a. In order to promote a vibrant, pedestrian -oriented community, the US 41 EZO open space standards are intended to concentrate open space in structured, functional, and usable spaces that are nodes along connected pedestrian paths or corridors that are accessible to the public. b. A minimum of 20 percent of the gross area of the development site shall be devoted to useable open space. C. If the useable open space area functions as an extension of abutting Publicly accessible useable open space or bus stop, that useable open space area shall be calculated as double credit towards the open space requirement. d. Usable open space, as defined in LDC section 1.08.02, shall also include Publicly accessible site features such as pedestrian and walking paths, plazas, and passive furnishings. Passive furnishings include but are not limited to benches, pavilions, and picnic areas. On -site pervious trail links 13 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT 1 EXISTING 41 WALKS GRANDFATHERED IN, (LESS THAN 6') OR WILL YOU HAVE TWO PARALLEL PATHS (MULTI -USE & EXISTING)? i/ 13 14 15 16 17 18 WITH 0' SETBACK, Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted connecting within or across open spaces may count toward the requirement of usable open space. Lakes, detention areas with publicly accessible sidewalks or other impervious paths, and active recreation fields or courts that are accessible to the public may be counted toward the required public open space. e. \ On -site lands that reduce and treat stormwater on -site through Low Impact Development (LID) and Green Stormwater Infrastructure (GSI) techniques \\\\ may count towards open space. Pedestrian pathways. Pedestrian pathways required by LDC section 5.05.08 F.3. shall be\a minimum of six feet in width, clearly marked by using design elements such as4ndscaping and pedestrian lighting, and designed to interconnect with existing pedestrian or multi -use pathways on abutting property. Palms shall not be substituted for required canopy trees along the pathway. 11. Exterior liahtina. POLES WILL DIRECT LIGHT "TO" THE PROPERTY LINE / ADJ RES (GLARE) AND DOESN'T ALLOW FOR HOUSE SIDE SHIELDS (I.E., WITH LIGHT POLES PLACED AT THE PROPERTY LINE SHINING "INWARD") Illumination levels in the US 41 EZO shall not exceed 0.5 footcandles at Property lines adjacent to residential development that is external to the US 41 EZO excluding where required pursuant to LDC section 6.06.03. Public transit facilities. In addition to the off -site improvements required in LDC section 6.06.02 A., where a bus stop is located immediately adjacent to the subject property or where a property abuts a bus route, a landing pad, bicycle storage rack, and bus stop identification sign, all of which are approved by Collier Area Transit (CAT), shall be provided by the Developer through monetary contributions or construction of physical improvements at the discretion of CAT at no cost to the County in the adjacent right-of-way or within a dedicated easement, for all new development and redevelopment projects proposing more than 50 dwelling units or 10,000 square feet of a non-residential use. All transit improvements within right- of-way or dedicated easement shall obtain Development Review approval through right-of-way permit. If these CAT facilities exist and meet current standards, the County Manager or designee may waive this requirement. 3. Pollution control. Any discharge from industrial, commercial, or manufacturing 37 processes to a stormwater or surface water management system is prohibited. 38 Wastewater from any industrial, commercial, or manufacturing process must be 39 contained within a building or disposed of through the Collier County Water -Sewer 40 District's wastewater collection system pursuant to the Collier County Industrial 41 Pretreatment Ordinance, (Ord. No. 2003-18, as amended). 42 43 14. Off-street parking and loading. Unless otherwise specified, all parking and loading 44 standards shall comply with LDC Section 4.05.00. In addition, the following 45 provisions shall apply: 46 47 a. Location of parking lots. The design of off-street parking lots shall comply 48 with the Drovisions of LDC section 5.05.08 F.2. exceDt: i. 14 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Parkina lots. vehicular use areas. and service function areas shall be located to the sides or rear of buildings, no closer to US 41 than the principal building except that a maximum of one double loaded drive aisle of parking is permitted in the front yard in the US 41 EZO- COR. Within Reaional and Communitv Centers. Darkina areas shall not be located on street corners, except that parking may be located on one corner if the subject property fronts on three or more streets. However, this shall not be construed to allow parking in front of buildings on US 41 or the frontage of streets perpendicular to US 41. b. Design of parking facilities. i. Driveways, accessways, and access aisles of commercial and mixed -use property shall be interconnected with existing driveways, accessways. and access aisles on abuttina commercial and mixed - use property. ii. Where abutting property is undeveloped, vehicular and pedestrian interconnection shall be provided to the property line to allow access to all connection points with the abuttina development. Where feasible. the final location of the access points) shall be coordinated with the adjacent property owners and a cross -access easement, or an access easement to the public for public use without responsibility of maintenance by Collier County, shall be provided at time of the first SDP or PPL. The connection and supporting infrastructure shall be constructed to the property line on the subject property by the developer, successors, or assigns prior to the issuance of the first C.O. The interconnections shall remain open to the public. iv. Where existing abutting property is developed in such a manner that interconnection of driveways, accessways, or access aisles is not physically possible, no connection shall be required. V. Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided where necessary and appropriate, shall be distinguished by textured or special paving, and shall be integrated into the wider network of Pedestrian walkways and sidewalks. C. Minimum parking requirement. The required number of off-street parking spaces are as follows: 15 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 DRAFT Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted Table 2. Parking Space Requirements Hotel 1 space per hotel room. Accessory uses shall be computed as follows: 50 percent of normal requirements for non-residential permitted uses provided below. Multi -family dwellings and townhouse 1.5 spaces per unit, or as per LDC section 4.05.04, whichever is less. Non-residential permitted uses per LDC section 2.03.07 R.4,Table 1 3 per 1.000 square feet, or as per LDC section 4.05.04, whichever is less. Mixed Use Sum of the requirements of the various uses computed separately. All other uses Minimum parking space requirements per LDC section 4.05.04 G. d. Reductions to parking requirements. The required number of off-street parking spaces may be reduced as follows, provided that the total reduction does not exceed 20 percent of the total minimum parking space requirements: Table 3. Parking Reduction Mixed Use projects 10% reduction of residential off-street parking requirement. Greater reduction may be approved pursuant to LDC Section 4.05.04 FA. Outdoor dining/restaurant seating No additional off-street parking required. areas Preservation of existing healthy tree Number of required spaced shall be or trees with a minimum 12-inch or reduced based on area necessary to greater DBH preserve the tree from being damaged or removed as determined by County Manager or designee. Property located within 330 feet of an 5% reduction of total requirement. improved public transit facility, such as a bus shelter, bus transfer facility, or park and ride site On -site electric vehicle (EV) charging Each space shall reduce the total off - station street parking requirement by two spaces. On -site bike -share station or ride- share pick up/drop off zone 5% reduction of total requirement. 16 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT 1 e 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 "CONTAIN" LIGHT - 0 fc beyond surface? / Conflicts with 0.5 allowed at RES-adjacent PL's 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted Parkina structures. i. Parking structures shall comply with LDC section 5.05.08 E.8., except that building foundation landscaping shall be provided in accordance with LDC section 4.02.43 C.8.d. ii. Parking structure fagades shall be designed to screen views of automobiles by the general public from adjacent streets and driveways. iii. Parking structures shall have occupiable ground floor space along the US 41 street frontage. The occupiable ground floor space shall have a minimum depth of 20 feet, as measured perpendicular to US 41, and shall occupy the entire building front facing US 41. iv. Freestanding light fixtures on the top level of the parking structures shall be a maximum of 20 feet in height and setback from the perimeter of the structure a minimum distance of twice the height of the liaht fixture. Liaht fixtures shall be fullv shielded to contain liaht to the surface of the deck onl f. Bicycle parking. Bicycle parking shall be provided for all commercial, mixed use, and Economic Development uses. Bicyclists shall have access via sidewalks, pathways, or driveways to the public right-of-way and be located as provided below: i. Parking structures. Required bicycle parking shall be located in or near main entrances or elevators to provide for pedestrian safety, visibility, and security of property. ii. On site. Bicycle parking (not located within a parking structure) shall be located on site within 50 feet of main building entrances. Bicycle parking shall not obstruct walkways. iii. Shared bicycle parking. Where there is more than one building on a site, or parking is shared with an adjacent site, bicycle parking shall be distributed equally to serve all buildings and main entrances. 40 D. Signage. The sign standards of LDC section 5.06.00 shall apply to all mixed use and non- 41 residential protects within the US 41 EZO. In addition, the following provisions shall apply 42 to all wall, awning, ground, blade, and menu signs for all nonresidential and mixed use 43 projects: 44 45 1. Total square footage of wall signs, and signs on awnings and canopies, shall be 46 combined and shall not exceed the square footage permitted for wall signs in LDC 47 5.06.00. 48 17 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added Text strikethrei igh is ent text to he deleted 1 2. Graphic elements, logos, mosaic tiles, or names created in flooring immediately 2 outside the front entrance with a maximum size of six square feet are allowed and 3 shall not require a permit. 4 5 3. Directional Signs: 6 7 a. On -premises clustered directional signs may be allowed up to 16 square 8 feet with a maximum height of six feet. 9 10 b. There shall be no limitation on the number of directional signs provided 11 these signs are separated by a minimum distance of 100 feet. 12 13 C. Directional signs shall not require a permit unless designed with an 14 electrical component. 15 16 4. Non -illuminated plaques shall be allowed subject to the following: 17 WHY NOT a. Each business may mount a maximum of two plaques at their front SUSPENDED IN A entrance with each plaque restricted to a maximum of two square feet. Plaques must be flush or pin -mounted on the storefront or facade. LOGGIA CEILING AND ORIENTED b. plaque with a maximum size of two square feet may be mounted at the exit FOR PUBLIC only door of each business which is generally not public facing. The WALKING "DOWN" purpose of this plaque is to identify the business name or address for THE LOGGIA TO emergency response or for the delivery of goods. IDENTIFY A BUSINESS - AS C. A permit shall not be required for plaques. WRITTEN, THIS In lieu of LDC section 5.06.04 F.5., a wall mounted menu board, not to exceed ORIENTS A SIGN three square feet, is allowed in connection with a walk-up or take-out window. This TO THE PARKING sign shall not count toward the total square footage or number allowed for wall LOT & IS SMALL signs. (LEGIBILITY FROM PLACES TREES ADJACENT TO POWERLINES - A DISTANCE) S 41 Streetscape Zone. PRECLUDED PALMS IN PREVIOUS SECTIONS J�) THAT MAY LIMIT CONFLICTS WITH POWERLINES 36 1. The front and streets a zone sna I contain a minimum 1 U-toot-wlae multi -use 37 Pathway at least 8 feet from the US 41 i ht-of-wa . The Pathway must be designed 38 to interconnect with existing edestrian or multi -use Pathways on abutting ro ert . 39 40 2. The area between the pathway and right-of-way shall be a planting zone with 41 canopy trees spaced 40 feet on center with trees having a minimum average 42 mature canopy spread of 20 feet and an eight -foot vertical clearance for 43 pedestrians. Palm trees may not be substituted for canopy trees. 44 45 3 46 47 48 49 50 The area between the pathwav and buildin widened Pathway or hardscape with seati hardscape with seating or plantings. "MAY" POTENTIALLY ELIMINATES 18 or be landscaped or a dened Dathway. or a SHADE FOR PED'S G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 2 3 4 5 6 7 8 9 10 11 12 13 14 WHY? / DRAFT POWERLINES ALONG 41 Text underlined is new text to be added Text strikethrei igh is eRt text to he deleted Illustration 1. US 41 Streetscaoe Zone Max. Min. 9' FPL WILL EVENTUALLY "HOLLOW - OUT" TREE CANOPIES 10, 8' Pathway Planting Zone °RONT YARDISTREETSCAPE ZONE.,,(MAX. 25') I (If area is provided between pathway and building face, the area -WON'T THIS shall be seating, PARALLEL OTHER plantings, sidewalk or hardscape) EX. WALKS IN THE R.O.W.? F. Additional design standards for specific uses. Certain uses shall be subject to additional design standards: 1. Self-Storage/Mini Storage/Warehouse (SIC 4225) ALSO, VEHICULAR STORAGE USE IS NOT CITED 19 20 21 22 23 THIS EMULATES THE FUELING STATION BUFFER REQUIREMENTS - WHY? a. Subject to LDC section 5.05.08 E.2. (self -storage buildings). b. Multi -use requirement. I. At least 30 percent of the gross floor area must be occupied by an alternative use, such as service industries, multi -family dwellings, retail or shopping, restaurants, hotel or resort, or entertainment, integrated within the same building. ii. Multi -use on site but not within the same building provided the non - storage use building is in the front part of the site and screens the view of the storage use behind. The intervening building shall not be occupied by a use that is listed in LDC section 4.02.43 F. C. Enhanced perimeter buffer. In addition to satisfying the requirements of section 5.05.08 E.2. and except for US 41 frontage, the perimeter of the Property shall be enhanced with a minimum 25-foot-wide landscape buffer containina a two to three foot undulatina Iandscw6ld berm. consistina of a 19 UNITIVE G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT 1 2 4 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 2. 23 24 25 26 27 28 29 30 zt ALREADY IN THE *900 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added Text str'Lethrn nh 'c GUFFono text to he deleted trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen within one year of planting. d. Building design criteria. if. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a Public right-of-way is prohibited; ii. Access to individual units whether direct or indirect must be from the side of a buildina that is oriented internally: iii. No buildings shall exceed 100 feet in length when adjacent to a residential zoning district; and iv. No outdoor storage of any kind is permitted. e. Locational criteria. Self-Storage/Mini-Storage/Warehouse shall be located no closer than 1,320 feet from the closest property line of another Self- Storage/Mini-Storage/Warehouse. Facilities with Fuel PumDS includina Gasoline Service Stations (SIC 5541 a. Subiect to LDC section 5.05.05. b. Site design criteria. Pumps shall be located to the side or rear of the principal building. C. Enhanced Derimeter buffer. In addition to satisfvina the reauirements of section 5.05.05, the perimeter of the property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaping berm, consisting of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double -staggered hedge row maintained to form a 36-inch high continuous visual screen within one year of planting. D. Locational Criteria. Facilities with fuel pumps including gasoline service stations shall be located no closer than 1,320 feet from the closest property line of another facility with fuel pumps. 3. Car Washes (7542). a. Subject to LDC section 5.05.11. b. Site design criteria. Vehicular stacking lanes and drive through lanes shall not be located closer to the US 41 right-of-way than the principal building and shall not be located in the front yard of a corner lot. C. Enhanced perimeter buffer. In addition to satisfying the requirements of section 5.05.11 and except for US 41 frontage, the perimeter of property 20 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added Text striketh rough 'c GLIrrent text to he delet- AGAIN, shall be enhanced with a minimum 25-foot-wide landscape buffer PERTINENT TO containing a two to three foot undulating landscaped berm, consisting of a FUELING minimum of five canopy trees (palm trees may not be substituted for STATIONS canopy trees) per 100 linear feet, and a double staggered hedge row 5 maintained to form a 36-inch high continuous visual screen within one year 6 of planting. 7 8 d. Locational criteria. Car washes shall be located no closer than 1,320 feet 9 from the closest property line of another car wash. 10 11 4. /Eatingand drinking establishment with drive -through facilities 5812 and 5813). 12 13 a. Subject to maximum square footage requirements of the underlying zoning TO SEE A TRULY J district, and subject to LDC section 5.05.08 F.6. HORRIBLE DESIGN FOR THIS b. Site design criteria. In addition to satisfying design standards of section - SEE THE NEW 7- 5.05.08 F.6., vehicular stacking lanes and drive through lanes shall not be ELEVEN IN located closer to the US 41 right-of-way than the principal building and shall not be located in the front yard of a corner lot. IMMOKALEE, OFF MAIN STREET.... C. Locational criteria. Eating and drinking establishments with drive -through MONOCULTURE facilities shall be located no closer than 1,320 feet from the closest property PLANTING ON line of another eating and drinking establishment with drive -through THE PUBLIC SIDE facilities. OF THE BUFFER L.V 27 28 29 30 31 32 33 34 35 36 37 WE'VE PREVIOUSLY OPINED - HOW IS THIS MEASURED? 43 44 45 46 47 PUNITIVE 49 50 Outdoor display, sales, or storage of manufactured products, raw or finished materials, boats, or vehicles shall be required to meet the following standards: a. Subiect to the wall or fence reauirements of LDC section 4.02.12. b. Shall be limited to occupying a maximum of 35 percent of the linear street frontage of the property along arterials, collectors, and local streets. C. Shall not be closer to the front property line along US 41 than the principal building they serve. d. Boats, vehicles, construction materials or equipment that are stored, on display, or for sale outdoors shall be limited to a maximum height of 17 feet above existing grade. e. Shall be set back at least 50 feet from a property line that is adjacent to or in view of property zoned for or used for residential purposes when exceeding a height of six feet. f. Enhanced perimeter buffer. Except for US 41 frontage, the perimeter of the Property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaped berm, without a wall, consisting of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen 21 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted within one year of planting, in addition to the wall or fence required in accordance with LDC section 4.02.12. G. Additional design standards for the Economic Development uses. The following design standards shall be applicable to all Economic Development uses identified in Table 1 of LDC section 2.03.07 RA.: 1. Loading areas. All loading areas shall be oriented away from adjacent residential uses, except for where obstructed by an intervening building. 2. Outside storage and display. No outside storage and display shall be permitted except when approved as part of a temporary/special event in accordance with LDC section 5.04.05. 3. Operations. a. All activity associated with the uses in this category shall be conducted within a fully enclosed building. Activity includes but is not limited to the following: i. The use or storage of any fixed or movable business equipment; ii. The use, storage, display, sale, delivery, offering for sale, production, or consumption in any business, or by any business invitee on the premises of the business, of any goods, wares, merchandise, products, or foods; or iii. The Derformance of anv work or services. iv. All Economic Development use operations and equipment, including accessory process equipment, such as compressors and air handlers, shall be contained in an enclosed structure. 4. Noise. No Economic Development use shall produce noise exceeding the sound level limits for Commercial or Tourist uses as set forth in the Collier County Noise Control Ordinance No. 90-17, as amended. 5. Odors. No Economic Development use shall cause or allow the emission of noxious odors or fumes. 6. Vibrations. No use shall operate to produce ground vibration noticeable by a reasonable person with normal sensitivity, outside the building for single -use buildings or outside the Economic Development use space inside mixed use and multi -tenant buildings. 7. Smoke and Darticulate matter. No Economic DeveloDment use shall discharae outside the building for single -use buildings or outside the Economic Development use space inside mixed use and multi -tenant building any toxic or noxious matter in such a concentration that will endanger the public health, safety, comfort, or general welfare. 22 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AGAIN - WHY 0 THE 41 BUFFERS NOW MODELED ON FUELING Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted 8. Electrical disturbance. No Economic Development use shall create any electrical disturbance which interferes unduly with the normal operation of equipment or instruments or which is reasonably likely to cause injury to any person located inside or outside buildina. 9. ADDearance. Industrial/factory buildinas shall be desianed in accordance with the provisions of LDC section 5.05.08, excluding the exceptions, modifications, and additions listed in LDC section 5.05.08 E.7.b. through h. In addition, rooftop mechanical equipment shall be fully screened by parapets or other methods of screening and such parapets or other screening material shall not exceed 10 feet in height. 10. Enhanced perimeter buffer. Except for US 41 frontage, the perimeter of property shall be enhanced with a minimum 25-foot-wide landscape buffer containing a two to three foot undulating landscaped berm, without a wall, consisting of a minimum of five canopy trees (palm trees may not be substituted for canopy trees) per 100 linear feet, and a double staggered hedge row maintained to form a 36-inch high continuous visual screen within one year of planting. STATIONS?? 21 H. Criteria for bonus maximum height and/or bonus maximum density. Bonus density and/or 22 bonus height may be granted per LDC section 4.02.43 B. for development in the US 41 23 EZO-RC and US 41 EZO-CC Subdistricts based on the following criteria: 24 25 1. Enhanced development criteria. Bonus density and/or bonus height may be 26 allocated for the provision of one or more of the following enhancements in 27 accordance with the specified percentages up to the maximum bonus height 28 and/or bonus density listed in LDC section 4.02.43 C.1.a. For example, a site that 29 is located in the US 41 EZO-CC with no eligible base density seeking to develop 30 a qualifying vertical mixed use project with a nature trail may develop at a density 31 of 9.6 du/ac calculated as follows: 30% + 30% = 60% of 16 du/ac or 9.6 du/ac and 32 additional height of 12 feet, calculated as follows: 30% + 30% = 60% of 20ft or 12 33 feet. 34 35 a. Vertical mixed use. (30 percent of eligible bonus density and/or bonus 36 height) The development integrates multifamily dwellings with service 37 industries, retail and shopping, restaurants (without drive through facilities), 38 grocery stores, hotels or resorts, or entertainment, within the same building. 39 No single use may occupy more than 70 percent of gross floor area. 40 41 b. Nature trails outside of required preserve areas. (30 percent of eligible 42 bonus density and/or bonus height) A nature trail that is pervious or 43 impervious pathways and boardwalks that are accessible to the public, in 44 accordance with LDC section 3.05.07 H.1.h. 45 46 C. Green building. (30 percent of eligible bonus density and/or bonus height) YOU ALLOWING The principal building meets requirements necessary to receive PARKING certification from the U.S. Green Building Council at any LEED® level, or UNDERNEATH AS an equivalent level of development performance under an alternative rating MENTIONED IN THE 75 CBIIZO ? 23 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT Text underlined is new text to be added Text stFikethre gh 'c ono t8Xt to be deleted 1 system such as the National Green Building Standard TM/NGBS Green or 2 the International Code Council's International Green Construction Code. 3 4 d. Low Impact Development (LID). (30 percent of eligible bonus density 5 and/or bonus height) LID strategies utilize various land planning, design WHY ISN'T A and construction practices that incorporate innovative green stormwater PLANTED infrastructure that reduces and treats stormwater by retainina rainfall on - DETENTION AREA INCLUDED? I.E., EDGES PLANTED WITH SHRUBS, GROUNDCOVERS, GRASSES (VS SOD)? 17 18 19 'In WHY NO PALMS? Ll 22 23 24 25 26 27 28 29 30 HOW-18 THIS DEFINED AND MEASURED (QTY, PLACEMENT, MOUNTING HEIGHT / ACCESSIBLE (I.E., BRAILLE) ? 40 41 42 43 44 45 46 47 48 49 site. Acceptable LID methods include rain gardens, vegetated swales, buffers and strips, curb cutaways for median storage, bioswales, bioretention cells, rain barrels, permeable pavement or pavers/porous asphalt/pervious concrete, and other infrastructure that includes in -ground infiltration and storage of stormwater. e. Canopy trees. (30 percent of eligible bonus density and/or bonus height) All required trees provided on site are canopy trees and do not include palm trees of any species or type. Housing choices. (20 percent of eligible bonus density and/or bonus height) The development includes a mix of at least two distinctly different housing types as permitted in LDC section 2.03.07 RA. No more than 80 percent of dwelling units may be comprised of a single housing type. Green roof. (20 percent of eliaible bonus densitv and/or bonus heiaht) The development provides a green/vegetated roof on the primary structure, or on at least 50 percent of the primary buildings in a multi -building complex; preen/vegetated roofs shall include vegetation on at least 50 percent of the roof area and shall be constructed in accordance with the Buildina Code and ASTM areen buildina standards. h. Publicly accessible environmental education signage. (20 percent of ___------eligible—bbnus density and/or bonus height). i. Additional native preservation. (20 percent of eligible bonus density and/or bonus height) Area of native trees or native habitat preserved is 150 percent or greater than the minimum requirement of LDC section 3.05.07. Adiacent to a water resource. (20 Dercent of eliaible bonus densitv and/or bonus height) The development includes physical improvements and easement dedication for public access in proximity to a canal, lake or water resource. To be eligible for the bonus density or bonus height ,at least two of the following items must be included in the development and publicly accessible by dedication of a public access easement: i A six -foot -wide walkway with canopy trees an average of 50 feet on center with shaded benches a minimum of six feet in length located on average every 150 feet; ii A public access pier with covered structure and seating; or 24 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx DRAFT 1 2 3 4 5 6 8 9 10 11 12 13 FOOD TRUCK COMPONENT TO FACILITATE PASSIVE ACTIVITY 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Text underlined is new text to be added Text strikethrei igh is eRt text to he deleted iii An intermittent shaded plaza/courtyard, a minimum of 200 square feet in area with benches and/or picnic tables adjacent to the water resource. Provides access from the site to any adjacent public recreational lands. percent of eligible bonus density and/or bonus height). I. Gathering place. (10 percent of eligible bonus density and/or bonus height) Open space within the site shall include a gathering place, which shall be a minimum of 10 percent of the project site. Gathering places are central outdoor spaces which are designed with amenities and features that allow the general public to congregate. Examples include outdoor spaces such as plazas, parks, farmers' markets, and amenities adjoining sidewalks and ��trails such as benches, exercise stations, and gazebos. The gathering place shall be visible and easily accessible from a public road and shall be clearly located and designed so that it can be used by both occupants and the public. M. Arts, culture and creativity. (10 percent of eligible bonus density and/or bonus height) The development shall include public art displayed in a prominent location, such as a plaza or civic space, subject to Public Art Committee review and BCC aDDroval. I. Deviation requests for projects in the US 41 EZO. 1. Purpose and Intent. Property owners in the US 41 EZO may request deviations from certain standards, as established in LDC section 4.02.43 1.2., to allow for flexibility in building and site design, and to support and initiate incentives for new development on vacant property or redevelopment on existing sites. 2. Applicability. a. The Administrative Code shall establish the process and submittal requirements for deviation requests in the US 41 EZO. Deviations in the US 41 EZO may be requested for new development or redevelopment projects in connection with any of the following types of applications: i. SDP, SDPA, or SIP as established in LDC section 10.02.03; Buildina Dermit for sians as established in LDC section 5.06.11: or iii. PPL for townhouses developed on fee simple lots under individual ownership, as established in LDC section 10.02.04. b. Unless otherwise specified, property owners shall be eligible to seek a deviation from the followina code Drovisions: i. LDC section 4.02.43 C.1.a., Table 1. Dimensional Requirements in the US 41 EZO, excluding building height. 25 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DRAFT Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted ii. Loading space requirements: LDC section 4.05.06 B. iii. Landscaping in vehicular use areas: LDC section 4.06.03 B. iv. Landscaping requirements for industrial and commercial develoDment: LDC section 4.06.05 B.1. V. Building foundation plantings: LDC section 4.06.05 C., including Table inset. vi. Development standards for signs in nonresidential districts: LDC section 5.06.04. 3. Conflict with other relief processes. a. This section is not intended to replace the current established process of reauestina deviations associated with the followina: Master Dlan elements of the resDective PUD Dursuant to LDC section 10.02.13. However, the deviation process of LDC section 4.02.43 I. is available to PUD-zoned lands within the US 41 EZO provided that such request is based on a specific dimensional or design requirement described in LDC section 4.02.43 1.2, and provided the request further promotes compliance with the purpose and intent of the US 41 EZO. ii. Site plan with Deviations for Redevelopment projects pursuant to LDC section 10.02.03 F., unless such request is based on a dimension, site feature, or architectural standard listed under LDC section 4.02.43 1.2. iii. Deviations and alternate compliance pursuant to LDC section 5.05.08 G. iv. Post take plan application pursuant to LDC section 9.03.07 D. b. Deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with LDC section 9.04.00. 4. Evaluation criteria. When evaluating a deviation, the following criteria shall be considered: a. Whether the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable; b. Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request; and 26 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DRAFT Text underlined is new text to be added Text str'Lethrn nh 'c ono text to he deleted C. Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on -site mitigation include but are not limited to: increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits. 5. Public notice. Public notice, including signage, notice to property owners, and an advertised public hearing, is required for deviation requests and shall be provided in accordance with the applicable provisions of LDC section 10.03.06 R. # # # # # # # # # # # # # 10.03.06 - Public Notice and Required Hearings for Land Use Petitions * * * * * * * * * * * * * R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F, deviations in the GGPOD, pursuant to LDC section 4.02.26 E., and the LBDPA, pursuant to LDC section 4.02.16 C.13. and the US 41 EZO. pursuant to LDC section 4.02.43 I. 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. For deviations in the US 41 EZO. Plannina Commission hearina is reauired. 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.b.Mailed Notice prior to the advertised public hearing. b. Mailed Notice prior to the advertised public hearing. C. For deviations in the US 41 EZO. a NIM. See LDC section 10.03.05 A. d. For deviations in the US 41 EZO, the posting of a sign prior to the first advertised public hearing. * * * * * * * * * * * * * # # # # # # # # # # # # # 27 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx Exhibit A — US 41 East Zoning Overlay Map 1 2s G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx Exhibit 6 — US 41 East Zoning Overlay Map 2 DRAFT US 43 Easl Z nnuNg Ow lay NJAp I C+�lirr ['��ueFY. FIM'id� h a e S' Fn r f ti c + +tw � A m � 0 •x-h a � 4■ o �,000 2rOd4 a Uod F.�r � US 47 EEO COMMUNITYVTE ENR tnoPim - xxxx 4tl. W. T74' ® US 41 EZ6 OMRPDOR .�4..,o US 47 EZ0 RENAL CENTER 29 G:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx Exhibit C — US 41 East Zoning Overlay Map 3 f }iFfi US4] F.asl Z-mLu4 Uxv laY MAP i Cillirr Cnumty, Florid■ J � E LAM, LI 1 x Jr 0 2.540 5.0w Mow Feet VS 41 EZ0 04MMUNITY CENTER --ED . 7f1{7{}{ 4+A. w ]C)0' i k 4 F j I 1 I 1 us 41 Ezo 09Rm0R US 41 Ea0 RENAL CENTER 30 GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2023\03-21\Materials\Word Version\US 41 East Zoning Overlay (EZO)\PL20220008725 - US 41 East Zoning Overlay (3-16-2023).docx JohnsonEric From: BellowsRay Sent: Monday, March 20, 2023 4:38 PM To: JohnsonEric Subject: FW: US 41 East Zoning Overlay LDC Amendments Attachments: HEX Decision 2022-38 Petition No. PCUD-PL20220001501 8-11-22.pdf FYI Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 C0*67- C<sKty Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://cioo.gl/eXjvgT. From: Chris Scott <cscott@pen-eng.com> Sent: Friday, March 17, 2023 7:28 AM To: BosiMichael <Michael.Bosi@colliercountyfl.gov> Cc: BellowsRay <Ray.Bel lows@colliercountyfl.gov>; Anthony Pompeo <APompeo@marcanthonyconst.com>; John English <JEnglish@pen-eng.com> Subject: US 41 East Zoning Overlay LDC Amendments EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Mike I have done a cursory review of the proposed US 41 East Zoning Overlay LDC amendments (link) and have concerns that the additional design standards for Self-Storage/Mini Storage/Warehouse (SIC 4225) contained in Section 4.02.43 F.1. may have a significant design impacts on a proposed auto storage (car condo) use at Treviso Bay. The car condo project was approved a Comparable Use Determination from the Hearing Examiner (HEX 2022-38, attached) and includes very specific design standards as part of the conditions of approval. The conditions approved as part of the CUD were a collaborative effort with the County planner. It should be noted this planner was also contracted by the County to assist with the US 41 EZO LDC amendments. We were very aware of the planning efforts in East Collier and the concerns with self -storage uses when developing the site and architectural design for the proposed car condos. Prior to the HEX meeting, we shared the product design and overall site concept with the Treviso Bay architectural review board who were supportive of our application. Many of the standards proposed as part of this LDC amendment conflict with the proposed project shared at the Hearing Examiner's meeting and are not practical for the proposed car condo use. If adopted, would the additional standards for Self-Storage/Mini Storage/Warehouse proposed within the US 41 EZO apply to a car condo use? PENINSULA ENGINEERING Christopher O. Scott, AICP Planning Manager 2600 Golden Gate Parkway Naples, Florida 34105 Phone: 239.403.6700 Direct: 239.403.6727 CScott@pen-eng.com Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO CLERK OF COURT'S OFFICE COLLIER COUNTY HEARING EXAMINER Route to Addressee(s) Office Initials Date (List in routing order) Minutes and Records HD Clerk of Court's Office 9/9/22 t�jnutQsandrecordsAcollierclerk.com PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created .'prepared the Document. Primary contact information is needed in the event there is a need for additional or missing information. Name of Primary Andrew Dickman, Esq. Phone Number Alternate Phone Number Contact Heather DeSanto, Paralegal 239-434-0840 239-302-2701 Hearing Examiner 8/11/22 Hearing Petition ID(s PCUD-PL20220001501 Meeting Date Type of Document Agenda n Decision Number of Original 1 Attached Back-up Documents Transcript Documents Attached PO number or account number if 131-138350-649030 document is to be recorded INSTRUCTIONS & CHECKLIST Use the Check Box in the Yes column or mark "N'A" in the Not Applicable column, whichever is appropriate. Yes N'A l , Does the decision amend an Ordinance? If yes, Ordinance Number Amended is 03-51, as amended ✓ 2 Other than the Hearing Examiner, documents are to be emailed to: Diane.L nch.:u colliercountyfl. ov-, Patricia.Mill a coil iercountvfl. rov Has the date for the Hearing Examiner's signature line been entered as the 3. Final Decision date? Original document has been si ned/initialed for legal sufficiency? ✓ 4. The final decision is dated 9/9/22 l GMD\Zontng HEWEX Meeting Packets HEX NO. 2022-38 HEARING EXAMINER DECISION DATE OF HEARING. August 11, 2022 PETITION_ Petition No. PCUD PL20220001501 - Wentworth Estates MPUD Indoor Self Storage - Request for a decision of the Hearing Examiner that the proposed use of self -storage/ mini warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended. The subject parcel is approximately +/- 9.07 acres, located on the south side Tamiami Trail East (US 41) approximately 1.25 miles south of the Rattlesnake Hammock and Tamiami Trail E intersection in Section 30, Township 50 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. Petitioner requests a determination that the proposed self-storage/mini warehousing, indoor (SIC Code 4225) is comparable in nature to the currently allowed permitted principal uses for the Commercial Area of the Wentworth Estates Mixed -Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. Page 1 of 7 5. A newspaper advertisement is required for public hearing in accordance with F.S. § 125.66. The newspaper advertisement posted in the Naples Daily News on July 15, 2022, and July 22, 2022. Per the Land Development Code and Administrative Code, a Comparable Use Determination petition does not require a Neighborhood Information Meeting, a mailing to surrounding property owners, or posting of a sign on the property. 6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. Marc Rosenberg, a homeowner in the neighborhood, appeared at the public hearing requesting a buffer to block both the noise and the view. 7. The County's Land Development Code Section 10.02.06.K lists the criteria for a comparable use determination. The Hearing Examiner may approve a comparable use determination based on the following standards, as applicable! 1. The proposed use possesses similar characteristics to the other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours. The record evidence and testimony from the public hearing reflects that the proposed vehicle storage units would be accessible to owners or lessees of the units on a 24-hour basis. Gasoline service station is a permitted use within the Commercial Area, which would have a greater commercial level of activity on a 24-hour basis than the proposed indoor storage units. ii. Traffic volume generated/attracted. The record evidence and testimony from the public hearing reflects that the proposed vehicle storage units do not generate any more trips than other permitted uses such as gasoline service station or car dealership that would otherwise be permitted on this parcel. The development must comply with all other applicable concurrency management regulations a new Traffic Impact Statement (TIS) will be submitted and reviewed at the time of Site Development Plan (SDP). iii. Type of vehicles associated with the use. The record evidence and testimony from the public hearing reflects that the proposed use of indoor vehicle storage may be associated with personal vehicles ranging from motorcycles to passenger vehicles to recreational vehicles. From time to time, auto delivery and pick-up vehicles may access the site. To control the impact of activities associated with vehicle loading or unloading, Condition #3 listed herein will require that vehicle loading or unloading shall be accommodated on site, shall not be oriented toward the Via Veneto subdivision, and shall not be in any public right-of-way. As conditioned, the types of vehicles associated with the proposed use are comparable and therefore 1 The Hearing Examiner's findings are italicized. Page 2 of 7 these types of vehicles acceptable in comparison to vehicles potentially associated with other permitted uses, such as: automotive dealers, gasoline service stations, and automotive rental and leasing. iv. Number and type of required parking spaces. The record evidence and testimony from the public hearing reflects that in LDC Section 4.05.4. G., Table 17 provides the parking space requirement for the proposed indoor storage as: I parking space per 20, 000 square feet of storage buildings plus I per 50 vehicle/boat storage spaces plus I per 300 square feet of office areas, with a minimum of 4. The parking requirement needed for this type of use is less intense than a general retail shopping center requirement of I parking space per 250 square feet. At the time of SDP, the project will be reviewed to comply with parking standards. V. Business practices and activities. The record evidence and testimony from the public hearing reflects that the types of activities and hours of operation for the proposed indoor vehicle storage are either comparable to, or less intense than, those for other permitted uses such as automotive dealers, gasoline service stations, repair, and automotive rental and leasing. To address the compatibility of the practices and activities associated with the indoor vehicle storage with surrounding uses, the following standards that typically apply within Business Parks per LDC 4.02.13.I to apply: Condition #4. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited; Condition #5. Access to individual units whether direct or indirect must be from the side of a building that is oriented internally; Condition #6. No outdoor storage of any kind is permitted; and Condition #7. Storage units shall be utilized for storage purposes only, with parameters for associated activities that are common to "car condo " units. Additionally, Condition #8 is recommended to limit outdoor amplified sound as is typically applied to higher intensity uses in proximity to residential neighborhoods 2. The effect 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. The record evidence and testimony from the public hearing reflects that the subject site faces US 41 and will be accessed from US 41. To the south and west are residentially designated areas of Treviso Bay. Immediately west is a +/--40 foot -wide tract owned by the Treviso Bay Property Owners Master Association beyond which are single family homes and a lake. To address the effect of the use in relation to noise, glare, or odor effects, limits should be considered on the design of the building and orientation of service or loading uses. Commercial architectural standards of the LDC will apply to the building design, and the applicant has provided an architectural rendering to indicate the building's general appearance. Condition #9 will require that the building should be designed in general conformity with the architectural rendering, Treviso Bay Page 3 of 7 Car Condos Conceptual Elevations by pkSTUDIOS dated May 4, 2022. The applicant also committed to a maximum zoned height of 35 feet and a maximum actual height of 45 feet, see Condition #10. Condition #11 requires that lighting shall be shielded and directional to avoid glare on the neighboring Via Veneto subdivision. Hours of operation allowing for 24-hour access to units is less intrusive than the 24-hour operation that would be associated with gasoline service stations which are also a permitted use within the Commercial Area. As conditioned, the effect of the proposed indoor vehicle storage on neighboring properties would be comparable or less than that of repair, automotive dealers, gasoline service stations, and automotive rental and leasing. See Conditions of Approval #2-11 that are intended to address the effect of the use on neighboring properties. 3. 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. The record evidence and testimony from the public hearing reflects that the site is designated on the Future Land Use Map as Urban Coastal Fringe subdistrict in the Urban Mixed -Use District, and the proposed use is consistent because the Commercial Area was deemed consistent by policy. 4. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. The record evidence and testimony from the public hearing reflects that the purpose statement of the Commercial Area within the MPUD states: "Areas designated as Commercial Area on the Wentworth Estates PUD Master Plan are designed to accommodate a full range of commercial, retail and office uses designed to serve residents of the Wentworth Estates PUD and the immediate vicinity. " Of the sixteen categories of non-residential use groups that are listed as permitted, the following uses are indicative of the breadth and variety of type and intensity of currently permitted commercial uses, which are allowable in the C-4, C-5 or I Industrial Zoning Districts: New car dealerships (5511), Gasoline service stations (5541 with services and repairs), Miscellaneous repair shops (7622-7699), Car rental and leasing (7514), Amusement and recreation services (7911, 7922, 7933, 7991) and Membership organizations (8611- 8661). As stated above, the proposed indoor vehicle storage is comparable to currently permitted uses in the Commercial Area of the Wentworth Estates MPUD. 5. Any additional relevant information as may be required by County Manager or Designee. The record evidence and testimony from the public hearing reflects that no additional information was provided. Page 4 of 7 ANAT,VCTC Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 10.02.06.K of the Land Development Code to approve this Petition. nF.C'TCTnN The Hearing Examiner hereby APPROVES Petition Number PCUD-PL20220001501, filed by Christopher O. Scott, AICP of Peninsula Engineering representing Prime Partners, LLC, with respect to the property as described in the Wentworth Estates Mixed -Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended, for the following: • A request for a determination that the proposed use of self -storage/ mini warehousing, indoor (SIC Code 4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use Planned Unit Development (MPUD) adopted by Ordinance Number 03-51, as amended. Said changes are fully described in the Conceptual Design dated May 4, 2022 attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Conceptual Design dated May 4, 2022 LEGAL DESCRIPTION. See Ordinance No. 03-51, as amended, located on the south side Tamiami Trail East (US 41) approximately 1.25 miles south of the Rattlesnake Hammock and Tamiami Trail E intersection in Section 30, Township 50 South, Range 26 East, Collier County, Florida and is approximately +9.07 acres. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. This determination is for self-storage/mini warehousing, indoor (4225, limited to vehicle storage). 3. Vehicle loading or unloading shall be accommodated on -site, and shall not be oriented toward the Via Veneto subdivision, and shall not be in any public right-of-way. Page 5 of 7 4. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited. 5. Access to individual units whether direct or indirect must be from the side of a building that is oriented internally. This shall not preclude any means of egress required by the Florida Building Code or Florida Fire Prevention Code. 6. No outdoor storage of any kind is permitted. 7. Storage units shall be utilized for storage purposes only, with allowance for the following uses within individual units: a. Storage of personal property such as automobiles, boats, recreational vehicles, with accessory furniture or other personal items. b. Minor maintenance of personal property which conforms to applicable regulatory standards for noise, vibration, glare, fumes or odors. c. Personal hobby and recreation, such as watching television, gaming, listening to music and similar uses. 8. No outdoor amplified sound is permitted (does not apply to personal electronic devices). 9. Building architecture shall be similar to the image depicted on Attachment A-1, Treviso Bay Car Condos Conceptual Elevations by pkSTUDIOS dated May 4, 2022. 10. Building height shall be limited to a maximum zoned height of 35 feet and a maximum actual height of 45 feet. 11. Lighting shall be shielded and directional to avoid glare on the Via Veneto subdivision. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. Page 6 of 7 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. September 9, 2022 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 7 of 7 EXHIBIT "A" Attachment A-1 17.B.1 cc.'eoilreer County Utility Conveyance Policies and Procedures Case Study PRESENTED TO Collier County O TETRA TECH PREPARED BY Tetra Tech 201 E. Pine Street, # 1000 Orlando, FL 32801 P + 1 -407-839-3955 F + 1 -407-839-3790 www.tetratech.com #200-08486-19016 August 12, 2019 Packet Pg. 2823 Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study TABLE OF CONTENTS 1.0 INTRODUCTION..................................................................................................................................................2 1.1 General...........................................................................................................................................................2 1.2 Purpose..........................................................................................................................................................2 1.3 Definitions......................................................................................................................................................2 2.0 BACKGROUND...................................................................................................................................................3 2.1 Maintenance Period.......................................................................................................................................3 2.1.1 Collier County.......................................................................................................................................3 2.1.2 2015 Surveyed Utilities.........................................................................................................................3 2.1.3 Comparison..........................................................................................................................................3 2.2 Privately Owned Facilities..............................................................................................................................5 2.3 Small Projects................................................................................................................................................6 3.0 COMPARISON UTILITIES...................................................................................................................................7 3.1 Maintenance Period.......................................................................................................................................7 3.1.1 Inspections............................................................................................................................................7 3.1.2 Warranty and Utility Performance Security (UPS) Requirements..................................................... 11 3.2 Privately Owned Facilities........................................................................................................................... 16 3.3 Small Projects............................................................................................................................................. 19 4.0 SUMMARY AND ANALYSIS............................................................................................................................ 20 4.1 Maintenance Period.................................................................................................................................... 20 4.2 Private Facilities.......................................................................................................................................... 20 4.3 Small Projects............................................................................................................................................. 20 LIST OF TABLES Table 2-1. Summary of Protections from 2015 Study .......................... Table 2-2. Summary of Risk Mitigating Mechanisms from 2015 Study Table 3-1. Summary of Findings.......................................................... Table 3-2. Summary of Warranty Information ...................................... Table 3-3. Summary of Alternate UPS Instruments ............................. Table 3-4. Summary of Privately Owned Facilities .............................. Table 3-5. Summary of Smaller Utility Improvement Policies .............. ...............................................................4 ...............................................................5 ...............................................................9 ............................................................ 13 ............................................................ 14 ............................................................ 17 ............................................................ 19 m R U d c a� 0 U r a� c aD E t 0 M Q w c a� E t a OTETRA TECH 081219 Packet Pg. 2824 Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study 1.1 GENERAL In 2015 Collier County (the County) retained Tetra Tech to conduct a benchmarking study on the County's utility conveyance process. The study reviewed the conveyance process of seven Florida utilities and compared them to the County. The results of the study found that the Collier County process is highly systematized with numerous intermediate precedent conditions that require documentation and keeps applicants engaged in the conveyance process until the ultimate transfer of the assets to County ownership. One of the unique aspects of the County's process is the three -step acceptance requirement that includes a preliminary acceptance and a final acceptance separated by a one year maintenance period where the applicant owns and operates the facilities. The other seven utilities surveyed have a two-step acceptance process wherein the utility accepts and assumes ownership of the facilities prior to the maintenance period which occurs concurrently with utility ownership. The County's process aims to reduce the risk of acquiring substandard utilities since the Applicant is directly required to correct any deficiencies that may occur during the first year of operations. There is also potential added protection from the Applicant's business risk; should the Applicant's enterprise fail, the County will not be left maintaining facilities that do not provide service or generate revenue for the system. In spite of these apparent protections the three -step process has some issues which have prompted the County to consider a more traditional two-step acceptance process. 1.2 PURPOSE The purpose of this document is to expand upon the previous benchmarking study in a few key areas to provide the County some context and guidance regarding potential revisions to its utility conveyance process. For the most part this analysis focuses on the detail of the warranty and utility performance security (UPS) requirements and two step acceptance process. However, this study also includes a survey of other utilities regarding treatment of privately owned facilities that may one day in the future come under utility ownership. In addition, the utilities were asked if there was an alternative or "second track" approval process for the conveyance of facilities that are smaller in scope than the typical (such as a large service connection or extension for a single hydrant). 1.3 DEFINITIONS Similar to the previous study, the term "facilities" generally refers to those water, wastewater, and reclaimed water assets that are subject to the conveyance process and the term "utility" refers to the provider of service that ultimately owns the facilities. "Applicant" means the developer of the property that is responsible for the construction of the facilities that will be transferred. The term "Contractor" refers to the entity that is retained by the Applicant to construct the facilities. The term "Engineer" refers to the engineering professional retained by the Applicant for the design, permitting and certification of the facilities. The term "private facilities" is used to identify facilities that are not conveyed to the County but rather remain in private ownership. OTETRA TECH 2 081219 Packet Pg. 2825 Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study This study focuses on three topics associated with water, wastewater, and reclaimed water facilities that are constructed for the Applicant and will connect to the County's system: Ownership during the maintenance period of the conveyance process, • Review and acceptance policies for private facilities, • Conveyance process for small scale facilities. 2.1 MAINTENANCE PERIOD 2.1.1 Collier County Collier County's utility conveyance process includes both Preliminary Acceptance (PA) and Final Acceptance (FA) steps with an intervening maintenance period. The PA step is a four -phase process that includes stages systematically arranged to encourage the timely submission and review of the required documents. The PA step begins with the submission by the Applicant of the first round of required documentation and ends with a preliminary acceptance letter, a Certificate of Occupancy for the development, and recording of the assets in the County records. The maintenance period occurs after PA immediately after issuance of the Certificate of Occupancy and lasts for a minimum of one year. Per Section 134-60 of the Code of Ordinances the County has "...no duty with regard to, or any responsibility for, any utility facilities until such utility facilities have been finally accepted by the board," which occurs during final acceptance. The Applicant therefore bears the ownership and operations responsibilities for the facilities during this period. However, should the County determine the need to act to ensure continued operations of the facilities, the Ordinance gives the County the authority to make expenditures necessary to repair or replace the utilities as required. The FA process occurs after the one year maintenance period and focuses primarily on inspecting the utilities after a year of operations for continued compliance with County requirements. The final acceptance period includes a final county inspection of the facilities. Upon a successful inspection the project is brought before the Board of County Commissioners for approval of ownership of the facilities. When the Board has voted to accept the utilities they are considered to be owned by the County and the County staff begins operations and maintenance activities. A FA letter is issued and the Applicant's performance security is released. 2.1.2 2015 Surveyed Utilities The utilities in the 2015 benchmarking survey utilize a two-step process as opposed to the County's three -step process. The defining difference lies in who owns and operates the facilities during the maintenance period. In the two-step process the maintenance period commences concurrently with the utility's acceptance and ownership of the facilities. There are no final acceptance requirements and the required performance securities and warranties expire after the one year term. 2.1.3 Comparison The County's process of requiring the Applicant to retain ownership and operations of the facilities during the maintenance period reduces the County's risk of acquiring substandard facilities since the Applicant is directly responsible for correcting any deficiencies that may occur in the first year of operation. In addition, as mentioned previously, the County is shielded from the Applicant's business risk. Should the Applicant's development fail the County will not be left with maintaining facilities that do not provide service or generate revenue for the utility. b OTETRA TECH 3 081219 Packet Pg. 2826 Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study Although the County is not responsible for the facilities during this period, Section 134-60 of the Ordinance does give staff the ability to intervene in the operations if required. However, when a County customer is connected to the facilities during the maintenance period they are being served in part by assets that are not owned by the County. This creates some confusion at the utility level about where responsibility for operations and maintenance of the subject facilities lies. The entire conveyance process can be considered a due diligence process that protects the County from receiving substandard facilities from outside parties. In this study the focus is on the risk mitigating mechanisms that are in place to protect the County from substandard facilities after they have been placed into service. Table 2-1 below provides a summary of the mechanism for both the County and the utilities from the 2015 study. Table 2-1. Summary of Protections from 2015 Study An Applicant provided source of funding that Required (2 utilities) Utility Performance can be drawn upon by Required Negotiated (2 utilities) Security (UPS) the County to correct Not required (3 utilities) facility deficiencies Warranty Ownership A certification provided by the Applicant or its contractor that facility deficiencies will be corrected by the Applicant/contractor at their expense First year of ownership including operations responsibility by the Applicant with the requirement that at the end of the year the facilities will be fully functioning and free of deficiencies Required Required Required (6 utilities) Provided by Applicant (1 utility) Provided by Contractor (3 utilities) Provided by either (2 utilities) Not Required (1 utility) Not required (7 utilities) Of the three identified mechanisms in the 2015 study most utilities utilize either the performance security or warranty. The two utilities that negotiate the need for a performance security do so in addition to a warranty. Orange County is the only utility in the study that, like the County, requires both in all cases. Table 2-2 provides a summary of each utility's risk mitigating mechanism requirements from the 2015 Study. b OTETRA TECH 4 081219 Packet Pg. 2827 Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study Table 2-2. Summary of Risk Mitigating Mechanisms from 2015 Study UPS Negotiated No Yes Negotiated No No Yes Yes Warranty Yes Yes No Yes Yes Yes Yes Yes The ownership mechanism employed by Collier County places the responsibility of action on the Applicant (or the Applicant's contractor) at the Applicant's expense. In this way there is little difference between the warranty and ownership mechanism. There are, however, a couple of perceived advantages to the ownership mechanism over the warranty. In the event that the Applicant is unable — from a business perspective to successfully implement the development within the first year (e.g. bankruptcy) — the County is under no obligation to assume ownership of the facilities. However, in the event that there are customers receiving County service connected to these facilities, the County would be required to operate and maintain the facilities in order to guarantee service regardless of ownership. In addition, the Applicant remains responsible for the first year of operations and will bear the cost of any "shake down" issues and costs that might be associated with initial operation. It is worth noting however, that many inherent defects relating to poor or improper installation of materials and equipment typically manifest many years after acceptance and rarely during the first year of operation. Therefore, the status of applicant ownership during the Maintenance Period provides little of its intended protections. The County's unique ownership mechanism has a number of potential and realized problems: • Since the assets are recorded in the County record at Preliminary Acceptance there is often confusion about the ownership status during the maintenance period, • There is a large volume of outstanding Final Acceptance obligations as Applicants can be difficult to contact and engage in the final closeout process, • Upon signing the FDEP Clearance form, the County assumes regulatory liability of the facilities which it doesn't directly operate and maintain, • There are no requirements in the County's conveyance procedures that binds the Applicant to utilize qualified, professional utility system operators during the maintenance period. In considering removing the ownership mechanism from the list of protections required by the County, this study focuses on the specifics of the warranty and security requirements of other utilities and how successful the two mechanisms are at protecting the utilities. Also, because it relates directly to the quality of the facilities accepted, the study also investigates the number and level of facility inspections required prior to utility acceptance. 2.2 PRIVATELY OWNED FACILITIES Privately owned facilities is a term used to identify facilities that are not owned by the County but receive service from the County through a master meter. As per the industry standard the County's ownership and responsibility for operations and maintenance ends at the customer meter for water and reclaimed water facilities or at the nearest clean out or right-of-way line for wastewater facilities. All assets on the customer side of the meter, or property line in the case of wastewater, are owned by the customer and are required to be operated and maintained by the customer. Private facilities are differentiated from a typical single customer connection in that they involve a network b OTETRA TECH 5 081219 Packet Pg. 2828 Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study of piping (and possibly gravity mains, manholes and lift stations for wastewater) that serve multiple buildings. A multi -building condominium or apartment complex is a good example of this type of system. It is possible for private systems to fall into disrepair due a lack of proper maintenance by the private owner. This may be due to a lack of professional maintenance of the system, but in some cases the owner may not be aware of their ownership position of the facilities until a failure occurs. This is particularly a concern with lift stations which contain motorized equipment that require frequent routine maintenance. In the event there is a failure in these private systems occasionally the County is called upon as the provider of service to correct the problems. Once the ownership responsibilities are explained the County is sometimes called upon to assume ownership and take over the operation and maintenance of the facilities. This places the County in the position of potentially owning facilities that are not built to current County standards and suffer from years of deferred maintenance. Under the County's current policy private facilities go through much of the same PA process as facilities that are conveyed. Major exceptions are: • There are no requirements for conveyance documents, such as the bill of sale, as the facilities will not be conveyed to the County, • No telemetry equipment start-up and testing (not applicable), • No easement certification to County (not applicable). In addition, there is no maintenance period or FA process. Occasionally the County will allow private facilities to bypass some of the requirements of the PA process, however, this is done on a case -by -case basis and requires the Applicant to file a utility deviation form for review and approval. 2.3 SMALL PROJECTS Occasionally an Applicant's project involves a relatively small amount of water and wastewater facilities. Rather than a large scale development with lift stations and several thousand feet of pipe these projects involve a single pipe extension for a hydrant or large water service. Per Section 134-60 of the Code of Ordinances these projects are required to follow the full conveyance procedures including the PA, maintenance period and FA process. To alleviate some of the administrative burden and reduce the time required for transfer, the County is considering a secondary track for small projects that eliminates some of the standard conveyance requirements. b OTETRA TECH IXI 081219 Packet Pg. 2829 Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study 3.1 MAINTENANCE PERIOD Following up on the 2015 efforts, this study focuses on the protections and securities required by utility systems that assume ownership of the facilities at the onset of the maintenance period. In particular, the utilities were asked questions regarding the level and complexity of inspections required that provide the first indications of the nature of the constructed facilities. In addition specific questions about the UPS and/or warranty requirements were asked to better understand the process. The utilities that participated in the survey were: • Port St. Lucie, • City of Orlando, (wastewater only), • Tohopekaliga Water Authority (TWA), • Martin County, and • Orange County. 3.1.1 Inspections All utilities surveyed conduct inspections at predetermined construction milestones in addition to unscheduled Q. inspections. Predetermined inspections are scheduled during major milestones that are identified during the a preconstruction process. All utilities conduct inspections to verify the accuracy of record drawings or as-builts and some, as discussed below, conduct inspections after the maintenance period to document facility condition prior to discharging the UPS. Mostly this occurs prior to the final inspection to allow time for corrections if required. All utilities have a minimum requirement that they be notified of major testing such as pressure, hydrant, and disinfection tests and if possible they have inspectors on -site to witness the tests. Orange County specifically stated 3 that equipment start-ups, usually lift stations, are witnessed by construction, engineering and operations personnel. in Most utilities stated they try to inspect projects unscheduled on a daily basis but this goal is frequently tempered by m v the number of projects on -going and available inspection staff. The size and nature of a project also drives the frequency of inspections. A large project with difficult subsurface conditions is likely to receive more frequent and c thorough inspections than a small project or one with stable laying conditions. Inspection fees are charged by most utilities, but the form of the fee varies from a flat fee to a percentage (2 to 2.4 c percent) of the utility value. Most utilities responded these fees are recovered up -front with other fees at the v beginning of the process. r All utilities use a standard process for scheduling and documenting construction inspections and most inspections c are recorded on some sort of form. Two utilities, Martin County and Orange County, have converted or are in the process of converting to electronic forms that are completed in the field contemporaneously with the inspection. r Q As part of the close-out requirements, Collier County requires the following inspections and certifications: • Sewer video, c E • Certification of pressure testing, • Infiltration/exfiltration test certification, a • Coating certification, • Lift station start-up reports, • Electrical contractor's certification including start-up and telemetry testing, OTETRA TECH 7 081219 Packet Pg. 2830 Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study • Letter from FOR stating that facilities are located in rights -of -way or easements, and that construction has occurred in accordance with County Ordinance and regulations, • Engineer's final payment confirmation, • DEP Certification and copy of General Permit(s), • Lab results on bacteriological tests, • Satisfactory test reports and certification of backflow device by certified laboratory, • Verification of final costs, cost breakdown of contributory assets for county/private materials, • Letter from fire control district regarding ownership and maintenance of fire hydrants and signed copy of field fire flow testing. Table 3-1 presents a summary of the findings from the utilities interviewed. The level of inspections among the utilities surveyed was relatively consistent. The utilities with the most structured process such as Orange County and Port St. Lucie provide forms for each required test that are required to be signed by the Engineer of Record. Collier County's process ranks with the more structured and advanced inspection processes surveyed. b OTETRA TECH 0 081219 Packet Pg. 2831 O 0- 0 U eoueAGAUOC) - eoueuipio sai; mn anoaddd : ZZLq�) Apn;g ase:o eoueAOAUO:o - L;uauayoe;;d :;uauayoe;}d CD c 0 c LL O i m E E U) a > O a) ��>+ C a) c > O �L UCH c m �.0 O (n a) EU m (0 O a) <n U 6 o am > L O 0 C to C C a) D a) a) > m m L c 0 Y 0 c O a) U m to E m 0 a� co E �� C0 -0— m 7 �� o a) 0) a) o aa'a) m o 0 c O o o "� U p) O c U CLE o>1 .0 <nQ <n c�oEc0Ea) 'E o C Q o E LL a) U _ __ C O U c c 0) O O E-- U Qc m :5 E' >. a) U CL — C -_ U vi O O O U 4? a) U� U m 0 Q 7 U .� m a) Q a) a) +) a) L U a H `n U c .� En �En a) C O O = w O O 0 co O- c a) .O Q' c U o C O > �•� U a) �, aA ma' c U U U ou. 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Warranties place the responsibility of action on non -utility parties (either the Applicant or the Applicant's contractor) and Performance securities place the responsibility of action on the utility. In both cases, however, the cost of the corrective actions are borne by the Applicant (or Applicant's contractor) either directly or through the UPS. In the group of utilities surveyed, four of the six require both a Warranty and UPS. Martin County and TWA do not require a warranty (beyond a manufacturer's warranty), and Port St. Lucie which only requires a UPS for single family residential developments. Table 3-2 presents a summary of the Warranty information and Table 3-3 presents a summary of the UPS information gathered. 3.1.2.1 Warranties For those that require a warranty, the requirements from utility to utility are fairly consistent. They have a term of one year from acceptance of the facilities and are posted by either the Contractor or the Applicant. All utilities stated they rarely, if ever, have had to rely upon the warranty to repair or correct substandard facilities. When it was utilized however, the causes were ground level damage to small items such as valve boxes, clean outs, and larger issues such as dirt in collection lines, broken manholes, and settling due to poor compaction. 3.1.2.2 UPS — Amounts and Posting UPSs have more complex characteristics than warranties. The first being that there are many forms of UPSs that utilities will accept although a performance bond appears to be the default instrument. Table 3-3 presents the alternate UPS instruments for each utility. When the UPS is required to be posted, its amount can be broken into two categories: for utilities that require the UPS to be submitted during the development review process or when the plat is submitted the amount required is 100 percent to 120 percent of the estimated value of the utilities. For utilities that require the UPS to be submitted at the end of construction and prior to acceptance the value is 10 to 15 percent of the actual construction costs. Collier County covers both types by requiring 110 percent during development review with a possible reduction to 10 percent upon PA. The City of Orlando has a similar set-up with a 100 percent performance bond posted at development review and a separate maintenance bond posted prior to acceptance. 3.1.2.3 UPS — Term The posting schedule also affects the term of the bond. Bonds posted early in the process have a variable term (Orlando, Collier) that expires upon final acceptance of the facilities or a five year term (Port St. Lucie). The shorter term bonds that are posted at preliminary acceptance are typically for the one year maintenance period with the exception of the City of Orlando which has a two year period. Similarly to the County, in most cases the term can be extended. 3.1.2.4 UPS — Utilization In all cases it appears that the utilities have rarely had to utilize the UPS to correct substandard facilities. The responses ranged from rarely to never or none that could be remembered. It appears that the preference is to rely upon the warranty to have the Applicant take corrective measures when necessary. Orange County explicitly mentioned that reliance on a UPS was not necessary as the Applicant routinely makes the corrective actions. Port St. Lucie mentioned that the last time they relied upon a UPS was during the 2008 recession when many developments were failing. b OTETRA TECH 11 081219 Packet Pg. 2834 Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study 3.1.2.5 UPS — Discharge The discharge of the UPS after the maintenance period can happen either passively, where the UPS is allowed to expire at the end of its term, or actively, where the utility sends a release letter. Half of the utilities require a final inspection of the facilities prior to the discharge of the bond. Usually this process is initiated 60 to 90 days prior to the discharge of the bond. Orange County requires the ability to extend the term of the UPS at its discretion. b OTETRA TECH 12 081219 Packet Pg. 2835 m w 2 / / 0 Q aueAauoo- auempOs mmnaoddV:ZZL§Q Apn} es oaueAauoo-LpemL],q; :IUGWLloellv q a 0) 0 »D �� / \ ? % \ a $ @ \ 2 \ 2 E k � § / 5 / E E / % 2 2 w C�-_>, Ems - -\ -= 0-= §/ /@ /_ Om 7/@ - {0 / E\_ _yE_ =_> / � _ �=e05 /\£/{ /\\ m , , 15//± >_ \ \\ �2± % I6�») _ = = = a a = CU )\(\ [y \\\ )2�0 \S� So \// cCoa) }� im ) \° 0 222� =nn 0x Co © �2> 2- < 0 £ 2 0 % E G% \ / \ � \ z ƒ o k 2 CL CL \ k \ 0 2 0 k g 0 Q < \ 0 O k6 k ((n (Co a) a) a) (n EGA a) 0) % @ E 2 \ a) \ $ / / 0 0 0 §$$ G($ 0 gmm gmm 2: 2c /2 /2 » ■ ° = 7 0 « 0 0 0 / \ t I ƒ 2 0 / z C 0 U L d 0 U eoueAGAUOC) - eoueuipio sai; mn anoaddd : ZZL9�) Apn;g ase:D eoueAanuo:D - L;uauayoe;;d :;uauayoe;}d L O ° '° p C O U c a) U L U. o c E 0 C ° '—T' C O L CO U 0 m m°° 0 a) � Ec6LL o w a - ° c � � ��,-a � u � c a) .Q c-x .Q aa)) Q L) c .75 o ° � ns c�i x0=5 mm �E-0 0- a) �°� .oa)a)CU ��(D 00°.L�c.�no �a)��.LE0a��i���c°)ia�i a o�" ns ° 00 UU �_ 0 m _ 0- c C Q o o Of LL -° a Q Q 0 z z o a) `m c C:�� >'� o �- 0 a) 0 IL- Y C U 0 U) L _co 0)M00 C L 0 O CDU Q C N O 0 > a) O E L i > > z a) a) E a) z 'O Oco < 0 o co a) L U C w .0. o o ) c U t04 m c6 a U d a a) to L o Oin m QEw cm =$J•0 •p Q oC)U-00M° aa)0 Uo a)u 'E c U boa ° fl U E ui i .°' CL C �,mL-0� o o Ui L a) oEa)a)U° w nz 0) a) 0 a a) .� fn O C o (6 > a) y > O � U O •� -0 0) C -o C- a) O Q Q� O U) �O LL .tn C) 0 U LL C � E L U m a) O C 0 a) O > O a) Oga)C '0 O O O O a) 0 O a) a) 00 En 00 O O 00 CO T Q 0 CL C f6 0 > O C C 0 C U a) (6 O — a) 2 O a) E C C a) a) O a) a)U ai L a)U C7 �Ea) .—ca) a) () a) Q U U 0 o+ Q) L () 0_ O O Q a) m L°> 0 i L _O ° 20 a) d a) i U° D o c L O- o o N Q rn U•� > C CL T C O 0 c a) C c- NLO O E o U U U H O U a) o C) CC6>m �: Y 3 _0 o'�n 0 a) CO c °- ci (6 a) — C: a) C:c�6 =° 0 U)'c-0 CO 0 0 U U O> a) 0 fn to N C C C 0 L -° N .O- (� Y a) N a) � C 0)5 C Q "� U N _N o - E �� mo�� -0-0 a) N u� E� U'-Y'- Qcn o a)� L 0 a) �n Q U ° C m o O a) C O U a) C—� O (6 O U a) -° _C 2' C E O- CO 07 > C .O- Co CO '0 L.L a) C (6 U CO a) CO C O f�6 U m Y M E u 0 .�+ N a) a) 0 _ C C O> L 0 <n o 0 L a) Q _° L a) U— z C O U L aai U o Q E E �6Q y '- co AD 070 a UV 0J U CL 0 ti M co N as a d O) Y N M 0 a 0 2 V W z LU W H O 2 0 0 $_ 0 Q aueAauoo-auemp0so mmnaodd¥:ZL§Q Apn} es oaueAauoo-LpmmL]oqIV :jUGWLj3ejjv _§ �5:=/75 E_\\ Eo a« = »�2 U-=»=-a °°° )M0>«®x§�`o�2 y%mom - =o== =m-2=c =$2»\=o=222J� ___. uE=5'—a) f/ n= I\�[0=)a)M�E/ =)-=0 E®{ =m =o m- on o - ca) \�ƒmo7� /f\%0$/§j2§ate n§�ma) cl.15�2+ »E_@= =o3Ea \k� 2@\\®/\-0 77E />gE�g> $ »7 $a 5\\/2=/E 000cE \[ - a) 3: � \q-3m2.F 2/f) , §m o \ @ Al m 20 :3 M-0$ƒ � �oZt =2�:0 o ==r= _ )q SS>\) o= Co \O= \ § ku co q a o % ƒ \ / / « / Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study 3.2 PRIVATELY OWNED FACILITIES As would be expected, all utility systems have privately owned facilities in their service area. Across the board the utilities classify private facilities into two categories: • Facilities that serve a single owner or connection, such as commercial and multi -family residential development, • Facilities that serve multiple owners, such as master metered single family developments. Half of the utilities surveyed allow both types but the remainder utilities have more restrictive policies for facilities that serve more than one owner. Orange County only allows facilities serving multiple owners if the connections are all on private property and there is no direct access to a public right-of-way. TWA allows for private facilities but in nearly all cases mandates that the lift stations must be conveyed to the utility. Martin County and Port St. Lucie only rarely allow for such facilities in specific instances. Like Collier County, all utilities surveyed provide for approval of the private facilities during the development review process, however, only the City of Orlando and Martin County require full compliance with utility's standards. All utilities require the same level of inspection of the private facilities as if they were being conveyed. In Collier County, any deviations from standards require approval. Most utilities will accept ownership of private facilities, however, in all cases the facilities are required to be upgraded to current utility standards and easements secured prior to the transfer. Martin County specifically stated that the transfer would go through a process similar to the conveyance requirements including a maintenance period backed by a one year UPS. Both Orange County and TWA stated they do not accept private facilities; however, TWA will accept ownership if mandated by FDEP. Table 3-4 presents a summary of the survey responses. b OTETRA TECH 16 081219 Packet Pg. 2839 £ 0 0 k 0 Q aueAauoo-auemp0so mmnaodd¥:ZL§Q Apn} es oaueAauoo-LpmmLjoqjV :jUGWLj3ejjv ±/#)a a aE:f =®§7 §eaEE 5_=$873 o0-= I m=I e /0 E cm -z .5 4>C:C \® _E °Ef2 y\ \L �7 �2\ S a) °°== -0 ±2CL c = _ \/ \\\\@k §-\®�\ 2 /f» m * y>= 27F@@� ==a«o=3 2)@72§/ =to0o=e > =to /\\ k37 �t\k ƒ\/\E� J � a®= ƒ\R2E2\ fSE?0 C: Nk #� /f/7f$ 2§jkM E 2\ &-0C:- ƒ»0 / 7 _ _ _ > > R _ k &«> @ E k LL _0 m � _- .- = _ _ _ _ 0 m 0 ° < \ E § /)2C��m c>G/ 2CL /\//\ƒ® e 5=y=2k$ 0-±_ =o -'c E «o m=\J= =« co En \2(® .oe{$ < B; —r-\ CL ®\\/7 /(j) \/\/ !E ®5]7 �\kfJ �%§: \ mf0 7 & /� 3 / a) a) _� _�_ {\a 0 E\�) `/\=�CL®_ 0� %\@53a) 9° o=Ee@ \ t{°® \ \ 2 -E E a) a) > 2!\E070— &922/2§\ .�._o= = GE5o2m§ &=E75 t§E="=_- \\®2Ejc cu 0 ==22@oa a) 0 0 \ »5®C)r— m5& � > \ a)\ > $ƒ �± 2C « 2J 0= »- ■ QQ CL �A e 2 q a \ o CL \ \ 2 / LLI e z £ 0 0 J 0 Q auBAauog.auempos mmnaodd¥:ZZ �q�) ApmSaBO0ULaUOO-�IGWL1oe!!¥: eWLj3B n¥ m f_>1® j2\28a7 72®m=__ o =—> eR=z== ®g==°= /S�aE®0 \\ \\\�/ _ 2 3 = 2 ==E »_ § ® I » ocow Eu) -0 E J .e ® tea) F 2_yC== S0 0o SEo =22mEE = o co » 82 _ 0— a) 3 ui — o E =¥__ @MM> 0 �)=7ƒ° = —E — =b 2 / L)-0 Z = = a) 3 a)&\Ea7=a om._== a) c 0) ( 7 \ ) 0 &�; \//2\22 wog®=2 ==-E o E co o=�= ® 2f)0 a)S e » \} \ m m \-E 2 > ata2\f2 / § E e E ° _ c» &» 2k \k e z Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study 3.3 SMALL PROJECTS The general response from the utilities survey is that the conveyance process is the same regardless of the size of the development or amount of facilities conveyed. However, a few utilities responded that within the process some accommodations may be made. Port St. Lucie stated that surveyed as-builts are sometimes not required for acceptance of smaller facilities. Table 3-5. Summary of Smaller Utility Improvement Policies Collier County Same for larger facilities No exceptions, only through utility deviation process Surveyed as-builts may not be required for Port St. Lucie Same for larger facilities a small utility improvement such as a 2-inch or smaller pipe and may be done by City staff City of Orlando No answer No TWA Same for larger facilities No Martin County Same for larger facilities No Orange County Same for larger facilities The review time and inspection scheduling may be accelerated, but not a formal part of the process r N m ca V am U c a� c 0 U c m E z U 0 r r Q c a� E U ca Q OTETRA TECH 19 081219 Packet Pg. 2842 Collier County 17.B.1 Utility Conveyance Policies and Procedures Case Study 4.1 MAINTENANCE PERIOD In considering the revision of the ownership requirement during the maintenance period, the County must consider what protections might be lost and balance those protections in its revised system. In the 2015 study it was noted that the County currently has the highest level of protection against substandard facilities, requiring a warranty, UPS, and Applicant ownership of the facilities during the maintenance period. The utilities surveyed in this study assume ownership at the beginning of the warranty period and although there are specific nuances to each utility, the processes overall are similar. All of the utilities surveyed expressed overall satisfaction with the process. It is worth noting that the occurrence of substandard facilities requiring use of the warranty or a draw on the UPS is rare across all utilities and, given the preference, the warranty seems to be the preferred instrument for correcting substandard facilities. Compared to the utilities surveyed, the County's process has all of the major elements for addressing substandard facilities. The inspection requirements are on par with the survey and the warranty and UPS requirements are similar if not better. Overall the County's process should be readily amenable to the transition with a minor shift in the approval process being the primary change. The County may want to consider extending the maintenance period from one to two years, like the City of Orlando, to provide a longer time frame for facility deficiencies to manifest. In addition, it is important that the County maintain its requirement for a full facility inspection near the end of the maintenance process and prior to discharge of the UPS. 4.2 PRIVATE FACILITIES Most utility systems surveyed treat private facilities in a manner similar to the County. The documentation and inspection requirements are the same as if the facilities were being conveyed. Private facilities that serve more than one owner are viewed as potentially reverting to the utility and as a result such projects are discouraged, not allowed, or at a minimum required to be built to utility standards. About half of the utilities surveyed require their r standards for private facilities. N m Transfer of previously constructed private facilities occurs rarely and in some cases is prohibited or allowed only v under FDEP mandate. Where a transfer is allowed the utilities have polices in place to offset the risk of acquiring m substandard facilities. Utilities that do accept these facilities have a requirement that they must be brought to the c prevailing utility standards prior to the transfer and at least one utility requires a UPS and a one year maintenance period. c 0 4.3 SMALL PROJECTS In general, the conveyance process for smaller projects are subject to the same as larger projects. Some utilities may expedite the review process or reduce some of the documentation but it is on a case -by -case basis. None of the exceptions, however, seem to increase the risk to the utility of receiving sub -standard facilities. OTETRA TECH 20 081219 Packet Pg. 2843