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DSAC Agenda 11/01/2023Co ler County Growth Management Community Development Development Services Advisory Committee Meeting Wednesday, November 1, 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 Co Ier CO-14Hty Growth Management Community Development Development Services Advisory Committee Agenda Wednesday, November 1, 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— October 4, 2023 4. Public Speakers 5. Staff Announcements/Updates a. Development Review Division — [Jaime Cook] b. Code Enforcement Division — [Thomas landimarino] c. Community Planning & Resiliency Division- [Christopher Mason] d. Public Utilities Department — [Matt McLean or designee ] e. Housing Policy & Economic Development Division. - [Cormac Giblin] f. Growth Management Dept. Transportation Engineering Division — [Jay Ahmad or designee] g. Collier County Fire Review — [Michael Cruz, Assistant Chief, Fire Marshal] For more information, please contact Julie Chardon at (239) 252-2413 or at Julie.Chardon@CollierCountvFL.gov h. North Collier Fire Review— [Chief Sean Lintz] i. Operations & Regulatory Mgmt. Division — [Michael Stark] j. Zoning Division — [Mike Bosi] 6. New Business a. DSAC Position Vacancy Review and Vote i. Blair Foley ii. John English iii. Marco Espinar iv. Norman Gentry v. Laura DeJohn vi. Mario Valle Current Member Roster Category: Civil Engineer Category: Civil Engineer Category: Environmental Consultant/Biologist Category: General Contractor Category: Land Planner Category: Residential/Commercial Construction Member category ]& Expire William J. Varian - Chair General Contractor 12/14/2024 Blair Foley, P E_ - Vice Chair Civil Engineer 12/14/2023 James Boughton Architect 12/14/2025 Clay Brooker Attorney 12/14/2025 Jeffrey Curl Landscape Architect 12/14/2025 David Dunnavant Developer 12/14/2024 John C. English Civil Engineer 12/14/2023 Marco Espinar Environmental Consultant/Biologist 12/14/2023 Norman Gentry General Contractor 12/14/2023 Mark McLean Architect 12/14/2024 Chris Mitchell, P.E. Engineer 12/14/2025 Robert Mulhere, FAICP Planner 12/14/2024 Laura Spurgeon DeJohn Land Planner 12/14/2023 Jeremy Sterk Environmental Consulting 12/14/2024 Mario Valle Residential/Commercial Construction 12/14/2023 Hannah Roberts AHAC Representative (Non -Voting) 10/01/2026 b. Land Development Code amendments —[Requested by Eric Johnson] i. PL20220005067 — Scrivener's Errors ii. PL20220006373 — Mobile Food Dispensing Vehicles and Food Truck Parks iii. PL20230013966 —Wireless Communication Facilities 7. Old Business 8. Committee Member Comments 9. Adjourn FUTURE MEETING DATES: December 6, 2023- 3:00pm January 4, 2024- 3:00 pm February 7, 2024- 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: November 15t , 2023 DSAC Members **Must have (9) members for a quorum** James Boughton: Norman Gentry: Absent Present Clay Brooker: Mark McLean: Present Excused Jeffrey Curl: Chris Mitchell: Present Present Laura Spurgeon DeJohn: Robert Mulhere: Present Present David Dunnavant: Jeremy Sterk: Present Present John English: Mario Valle: Present Present Marco Espinar: William Varian: Present Present Blair Foley: Hannah Roberts: Present Present Staff Members James French Department Head, GMCDD Thomas landirmarino Director, Code Enforcement Jay Ahmad or designee 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 Christopher Mason Director, Community Planning & Resiliency Cormac Giblin Director, Housing Policy and Economic Development Diane Lynch, Management Analyst Staff Liaison, Operations & Regulatory Management Z)4w ZcyKd Julie Chardon, Operations Support Specialist II ` �lsando� Staff Liaison, Housing Policy and Economic Development Sign -in Sheet (Public) November 1, 2023, DSAC Meeting Please Print NAME REPRESENTING PHONE NO. C,o October 4, 2023 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida October 4, 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 Community 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 James E. Boughton Clay Brooker Jeff Curl David Dunnavant John English Marco Espinar Norman Gentry Mark McLean Chris Mitchell (excused) Robert Mulhere (excused) Laura Spurgeon-DeJohn (excused) Jeremy Sterk Mario Valle Hannah Roberts (AHAC-non-voting) ALSO PRESENT: Jamie French, Department Head, GMCD Jaime Cook, Director, Development Review Thomas Iandimarino, Director, Code Enforcement Drew Cody, Senior Project Manager, Utilities Planning Cormac Giblin, Director, Housing Policy & Economic Development Jay Ahmad, Director, Transportation Engineering Michael Stark, Director, Operations & Regulatory Mgt. Division Jason Badge, Supervisor of Project Management, Operations & Regulatory Mgt. Dianna Perryman, Management Analyst I, Operations & Regulatory Mgt. Richard Long, Director, Building Plan Review & Inspection Division, GMCD Diane Lynch, Management Analyst I/Staff Liaison GMCD Julie Chardon, Ops Support Specialist II, GMCD Page 1 of 16 October 4, 2023 Any persons needing the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Community Department. 1. Call to Order — Chairman Chairman Varian called the meeting to order at 3 p.m. A quorum of eight was present in the boardroom; four joined later. 2. Approval of Agenda Mr. Dunnavant moved to approve the agenda. Mr. Curl seconded it. The motion passed unanimously, 8-0. 3. Approval of Minutes a. DSAC Meeting — September 6, 2023 Mr. Curl made a motion to approve the September 6, 2023, DSAC meeting minutes. Mr. English seconded it. The motion passed unanimously, 8-0. b. DSAC Subcommittee meeting — August 31, 2023 Vice Chairman Foley said he, John and Chris attended the Right -of -Way Subcommittee and there was a ton of information that we covered item -by -item, as you can see in the minutes, which are detailed. Where we left it was that we had comments for staff, they're going to review it and meet independently and bring it back to the subcommittee. That has not occurred yet and we don't have another meeting scheduled at this time. Vice Chairman Foley made a motion to approve the August 2, 2023, DSAC meeting minutes. Mr. English seconded it. The motion passed unanimously, 3-0. 4. Public Speakers (None) 5. Staff Announcements/Updates Mr. French provided an update on the Growth Management Department. • He met with the County Manager's Office and Executive Director Ken Kovensky, who was with Growth Management for over 17 years, and we were able to move forward with identifying two FTEs within our organization. • We're going to set up our own HR group within the County Manager's administrative policies. Our HR manager will be dedicated and paid for by the fees we collect. It'll be a 113-131 Fund operation. [Mr. Boughton joined the meeting at 3: 05 p.m.] Over the last 10 years, we've had a 10-15% vacancy rate, so we'll be looking for a professional who meets all the qualifications. Page 2 of 16 October 4, 2023 • The HR director will set up an interview panel with me and report to my office. It will be someone who holds all those skills to be able to recruit from this industry. We want someone who has worked in the field and has industry experience, such as engineering, contracting, landscape architect, planning, zoning, etc. • We do not have an in-house candidate we're considering. To get here involved 10 years of hardship. We appreciate, and stood up for HR. They're skilled professionals and they've got a big organization to support, but we need a higher level skill set to accommodate the needs of our clients — you — and our community to ensure we're not carrying as many vacancies as we have now. • This employee will be responsible for recruiting and properly onboarding using the County Manager's policy so we're able to support HR. It will make HR's life easier. He's asked for a year and if he's not successful, he said he'd leave. • He thanked Sarah Harrington, who came here about a year ago and has been a phenomenal asset and colleague. She has a plethora of knowledge due to her state and local county experience. She was serving in the interim role as director for Housing Policy & Economic Development and she's going to stay with that group. She'll head the management side and we'll give her a ton of support. [Mr. Gentry joined the meeting at 3: 08 p.m.] We talked Cormac Giblin into being director for that group, a permanent assignment signed by the county manager last week. We appreciate both of them. They've teamed up and this was a group the county manager decided was important and the board identified it as important. It's a I I I Fund position, a general fund position. It's not paid for with the fees that you or your clients pay, but it puts us more closely in line with the need for attainable housing and the policies that drive that on the economic development side, so we have full visibility on new businesses, housing ventures and housing needs that our community and you, as business owners and operators, so desperately need within our community, so we're finally making headway. The County Manager's Office and board fully funded two general fund positions in Chris Mason's area. Chris, the director of Resiliency & Community Planning, is getting a planning manager and a Planner III, formerly principal planner. They now have David Weeks as a part-time contract employee, Michele Mosca, Howard Critchfield, and William Lang, who was once our FEMA floodplain coordinator. He returned here from the Emergency Operations Center after five years, so we're excited about it because water management, resiliency and vulnerability assessments tie into long-range planning and our Land Development Code. Four months ago, we took on Conservation Collier, which came back to Growth Management. It was born here and will be headed by Jaime Cook. We will be putting a manager in there who will be paid for by Conservation Collier. As we look forward, we have an ability to look at opportunities to advance the county on conservation acquisitions and maintenance. We also can tie that in with other community projects, such as roads, stormwater, utilities, Parks & Recreation, so we're trying to bring this back full circle. Page 3 of 16 October 4, 2023 • It's a lot of work. He volunteered for all this and didn't receive a raise or title change for these new responsibilities. He's still the interim department head for Growth Management and Community Planning. Mr. French introduced Hannah Roberts. Ms. Roberts said she's a development associate with Soave Real Estate Group and is here as the Affordable Housing Advisory Committee (AHAC) member, who will be a non- voting DSAC member and liaison to the AHAC. She's excited to work with everyone and listen to what they're working on. a. Development Review Division — [Jaime Cook, Director] Ms. Cook told the DSAC: We had the Right -of -Way Subcommittee meeting at the end of August. Due to the end of the fiscal year, we had to put things on hold to close POs. Now that the new fiscal year has started, staff will get back with our consultant, finish the changes and comments that the subcommittee made and then we'll have another subcommittee meeting before we bring it to the full DSAC. Because Cormac is moving over to Housing Policy & Economic Development, his planning manager position will be posted tomorrow. Sarah is also staying with that team, so her former environmental manager position will be filled. We're hoping to fill those two manager vacancies quickly. [Mr. McClean joined the meeting at 3: 08 p.m.] • We worked with the County Attorney's Office on performance agreements for excavation permits, early work authorization and site development plans no longer need the clerk's signature, so we're going to be updating those forms on our website so there will soon be a new form for when you need to fill out those agreements. b. Code Enforcement Division — [Thomas Iandimarino, Director] Mr. Iandimarino provided a September update: • It's the status quo. Cases come, cases close out, some go on to hearings. • For Contractor Licensing, about 1,000 contractors renewed out of 3,000 renewals we sent out. • As of this month, we have just over 2,000 renewals, and they're delaying the status as of the first of this week until the end of the year. There's a $20 late fee per month for those who wish to renew throughout the rest of the year. c. Community Planning & Resiliency Division [Chris Mason, Director] (No report) d. Public Utilities Department [Drew Cody, Senior Project Manager] Mr. Cody provided a September update: • We rolled out the new FDEP permit review process, so anything coming in now is going into a more streamlined process. • There's a new template and new guide posted on the online resources page for you. He's received a few calls and questions about that. Page 4 of 16 October 4, 2023 For the outstanding permits that received review comments, we'll try and work through those with the original review comments for the next couple of weeks, but by October 25th, we'll to shut it off and force those people onto the new template for the new review process if we can't clean up what's outstanding over the course of four weeks. e. Housing Policy & Economic Development [Cormac Giblin, Director] Mr. Giblin provided his September report: • We had our first pre-app for a project that's proposing to take advantage of the state's Live Local Act program, which allows them to go straight to SDP for an affordable housing project that's on commercially zoned land, commercial, industrial, or mixed -use. It will be the first one. For the housing plan GMP Amendments that you approved a while back, the last tranche of incentives that were coming out of the county's Affordable Housing Plan, are going to the Planning Commission on Thursday, Oct. 5th, and then the Board of County Commissioners on November 14th. That'll finalize the housing plan incentives. We have three applications from developers for use of the surtax money, the one - cent local sales surtax that will be used for workforce -housing land acquisition. We're looking at those applications in-house now. Mr. Espinar asked about the location of the affordable -housing project. Mr. Giblin said off East 41, near the Fiddlers Creek area. f. GMD Transportation Engineering Division [Jay Ahmad, Director] Mr. Ahmad provided an update on design projects: • Goodlette-Frank Road from VBR (Vanderbilt Beach Road) to Immokalee Road is currently one lane in each direction. We propose two lanes in each direction, a four - lane roadway. Some sections south of Immokalee were four lanes at part of that developer on that corner. We're going through procurement for a consultant and hope to conclude that soon and begin design. We expect construction to begin after the completion of the design by the end of 2025. • Vanderbilt Beach Road Extension Phase 2. Phase 1, which is under construction, ends at 16th. It's seven miles from Collier Boulevard to 16th. This project will take Vanderbilt Beach Road from where it ends, 16th east by two miles, and to just east of Everglades Boulevard. We recently negotiated with Kimley-Horn. The procurement process is done, and we hope to take it to the board in late October or early November. We should begin and complete that design and construction in 2025. Hopefully, we'll get the design completed before the construction finishes. That is one project, so we hope to encourage more bidders to compete on our projects. [Mr. Brooker joined the meeting at 3:19 p.m.] Wilson Boulevard in the Estates four lanes. Wilson Boulevard is two lanes from Immokalee to Golden Gate Boulevard. The proposal is to make it four lanes in each direction, plus turning lanes at the intersections, like Golden Gate Boulevard and Page 5 of 16 October 4, 2023 Immokalee Road. The designer was selected, and the board approved the contract. It's in the beginning stages of design and started in August. Hopefully, the design will be completed in about two years. There's permitting. There's no construction money budgeted, but the goal is to get all the rights -of -way and make sure the roadway is designed and all the lots along both sides of the roadway, they can build very quickly and the bottom sides is hard to find these days and that will take care of that. Chairman Varian said it's early in that design, but do you foresee some of the roads not having a left, like when you did the boulevard 20 years ago, there were some accesses you shut down from a left-hand turn. Do you see that on Wilson? Mr. Ahmad said the preliminary design plans are on the website. There are some intersections with median openings and with some, you'll have the ability to make U-turns to come back around. If you want to see which street is access -controlled, it's on our website. He also has it in his office. Mr. Ahmad continued his updates on design projects: • The 16th Street Bridge. It's a surtax project, funded through the one -cent sales surtax. The project starts at Golden Gate Boulevard and continues to Randall Boulevard, with a bridge over the canal, almost exactly the same shape and form as the 8th Street Bridge. It's currently in design and we're almost completed, the 60- 90% stage. There's an associated grant and we hope to be in construction early next year. • Randall Boulevard and Immokalee Road intersection. This is funded through the one -cent sales surtax. It widens Randall to four lanes from the 8th to the Immokalee intersection. It's an intersection improvement and sets the stage for a future overpass, so the lanes are in the right location and the abutments are not blocking any lanes. An overpass is planned but is not being built in Phase 1. Construction is planned for late 2024. The state conducted Project Development & Environmental (PD&E) studies for the intersection, and we funded that. Funds weren't available to build, and that study now needs an update. We're updating the PD&E stage so we can retain some of the funding. • Veterans Memorial Phase 2. Phase 1 started at Livingston and ended at the new Aubrey Rogers High School. It concluded recently and was built as two lanes in each direction, with signals at the elementary school and high school. This project will take that to U.S. 41, including Old U.S. 41. We've been looking for a pond site and there's nothing available in that vicinity. Conservation Collier is on the north and south, there's a railroad and that section between old U.S. 41 and where we ended with construction by the high school is a difficult one. We're going through a process with Conservation Collier. We haven't submitted the application to the advisory committee to see if we can go through that exceptional benefit ordinance that allows for roadways and certain land that can be taken from Conservation Collier for those purposes. We hope that can get approved so we can take it to the board, and they accept taking it out of Conservation Collier to a pond site within that project. We've been looking for a pond site for 2'/2 years and nothing was available, so that put this project on hold until we could find an answer to pond sites and satisfy the permitting agency. Page 6 of 16 October 4, 2023 Mr. Boughton asked if he had anything on his list for the north end of Airport Road. Mr. Ahmand said yes. We are currently in the design stage. A contract was awarded to KCA (Kisinger Campo & Associates) as the ranking consultant and the surveying is taking shape. They have markers. They are designing it and we hope to be finished with design and permitting in 1'/2-2 years. A discussion ensued and the following points were made: • It takes it from Vanderbilt Beach Road to Immokalee Road. • It'll be in design for two more years. • Permitting takes a long time and is unpredictable. • We have to have a 404 permit from FDEP, South Florida Water Management District permits and others. If that moves quickly, it will be done faster, but it usually averages two years. • Public hearings are held at the 30% stage, which is probably coming soon, possibly early 2024. • Another public hearing is held at the 60% stage, sometimes at 90% and when we award a contract, but sometimes we combine the 100/90% with the contract. • The Golden Gate Parkway bridge is almost done. A railing was implemented by MSTU that's quirky and hard to obtain due to supply chain issues and that's what's holding it up. They expect a month delay. They can't blame the contractor. • Whippoorwill is being held up due to a similar issue, but it's a traffic controller. It takes 1- 11/2 years to get a traffic controller. On Veterans Memorial, we would not have been open to traffic, but we loaned our traffic controllers to the contractor. Once he has the controllers, we'll get those back. The project was finished in July, and we still don't have the traffic controller, so it takes a long time for certain items. Controllers are one item we can't get. They expect it by December, possibly sooner. • The four roundabouts are done. g. Collier County Fire Review [Michael Cruz, Captain] Mr. Cruz reported that: • We did 397 reviews with a two-day turnaround. • We did about 60 (PLs) Planning Reviews, with a one -day turnaround. • For assistance projects, we have 226 projects that are issued. • For sprinklers, we have 11 issued projects. • The submittals increase is expected to continue for the remaining year before the change of the code cycle, so you should see a significant increase. • The lithium -ion battery class will be rescheduled for the second or third week of November, possibly November 13th. • Prevention Day is still being hosted by the City of Naples at Coastland Center mall from 10 a.m. to 3 p.m. on October 7th. • He and Capt. Mejika met with Collier County about electronic appliances. The county was asking if we could accomplish what North Collier does with their staff and that's a no for closing out permits on behalf of the contractor. We're working on a system that will be less complicated for contractors to close out permits. We're still 12 months out from a trial. Page 7 of 16 October 4, 2023 It's all EPR now (EPR Systems Fireworks, a software system that allows all sections within the fire department to speak to one another). Capt. Beddow touched on that last month. If you're an underground contractor, that information is there. That's translated to our trucks, our uniforms, fleet, anything you could imagine. EPR is really changing the system for what we do in fire service communication. We are transitioning from MobileEyes software platform to EPR software that will be transitioned within 12 months. The new platform will have operations, inspections, investigations and pre -planning that is crossed over to different sections within our own department. Now, if we go out to a building, we're able to pre -plot the Knox Box program it and put it into the software system so our operational personnel know exactly where it is before they get there. Hydrants also will be plotted. If we're on scene and our BC (Battalion Chief) says you need a 100-foot lay, he already has it measured through the software program. It's really complicated because it's coordinated into one system. h. North Collier Fire Review [Linda Naples, Senior Fire Plans Examiner] Ms. Naples detailed the September report: • We reviewed 525 building permits, with an average of three days. • We reviewed 37 planning permits, with an average of four days. • She doesn't have the numbers for the fire alarm and fire sprinkler system projects, but can provide them, if needed. i. Operations & Regulatory Management Division — [Michael Stark, Director] Mr. Stark told the DSAC. • We'd like to address your comments and concerns on records management and thank everyone for staying last month to gather information and determine how we can solve some of the issues. It involves looking at the intake of information and requests and how they come in, the format or the method. • We're trying to assess the overall scope of the request. We have multiple resources within the department taking a look to understand the concerns and information sent to us. We're taking a look at if the records are found, the length of time it takes to respond and possibly involving leadership in the overall process. • Many Collier government employees have moved up throughout the organization, so they're often subject matter experts for sharing that information. • We also looked at how we're structured. • Alex Tellez-Santoyo is our supervisor for records management. She has a team in the records management section. • We also have specialized employees within our team under Kevin Summers, Diane Lynch and David Marino. Some of them are a part of this process. It sometimes takes an army to track down this information and ensure it's accurate, timely and that we get you the answers you need to make business decisions. • We're looking at different options. Some common themes were the naming conventions and how we pull this information. He and Diane had several discussions about that and when you're looking for different types of information, you have to do a broad search for that. Page 8 of 16 October 4, 2023 [He asked Diane to speak.] Ms. Lynch told the DSAC. • She's an instrument analyst. Recently, Chris (Mitchell) contacted me to research several older SDPs and she had tremendous luck in trying to draw information. It might not be in one place, but we cross reference multiple areas, and we continue to cross-reference. If A and B don't match, we try A and C, then B and C, and A and D, so we try multiple things. • David was once the records group supervisor, so he has first-hand experience. • Her experience is with GMD records, plans and permits, so we build on each other's skills and assist Alex and her team because they're also dealing with AIMs issues, 311 and similar issues. She, Julie (Chardon) and David offer her support. We're coming up with a plan to give everyone access and exposure so we can all help you and share everyone's experience. Mr. Curl said requests usually are emailed, and he's guilty of asking for something three different ways. Maybe it's the way he's asking. Would it help if we had a standardized form where we could check a box to say, "I want landscape plans, here's the folio number." Ms. Lynch said it can't hurt. Mr. Curl said he didn't want to hear that. Ms. Lynch told the DSAC. • There are many years here. There were older documents that were scanned by one third party and other documents scanned by another third party. • At the time, anything that had to do with SIRE, she was the chairperson with the agenda, indexing and storage. When that went away and OnBase came in, someone else was involved and she doesn't know how they planned it. We're trying to understand that logic. • Sometimes it's difficult, but we get there. Folios always help, especially if multiple folios are involved. • Any information you can provide us is another Sherlock Holmes moment for us to spark something. For example, she found a master project number for Chris. She never had to look for a document that way before but that's where she found them. Chairman Varian said he noticed that CD -Plus is not on the site anymore. It's gone? Ms. Lynch said correct, but employees have access to it. Ms. Lynch told the DSAC. • We're looking in CD -Plus, we're looking in (Microsoft) Power BI, all of that. We also have conversion files that were scanned and OnBase, multiple sources. We also have our own drives. • Jamie, Cormac and everyone who has been here are resources and know exactly how to find it. Chairman Varian said that for years, he used to go to CD -Plus when it was on the web, plug in three or four digits of the address and you might get 100 addresses and he was able to find old information. Page 9 of 16 October 4, 2023 Ms. Lynch said you can still do that, but it stops around 2007. The more information you provide us with, the better. Ms. Lynch told the DSAC. • One of the SDPs for Chris was around 1996, so the portal will help. If you put that in as a Folio Number, it'll list everything, so you can sort what you need. But it will only go back to when we upgraded Cityview. Anything before that is on our archive in CD -Plus, which we can look at. We use all of that. • Sometimes if you go to the Property Appraiser's site property detail tab, that might answer your question, or it might be a start. • Not long ago we were having AIMS issues. People were showing us screenshots of houses for sale and were saying that the pool, deck, screen, all of this was not permitted because it's not on the portal. It's not on the portal because the house was built in 1996, 1997 and 1998. We can assure you we can show you all this information. It's public record. It's either there or it isn't, so all that information is there, but if you went to the portal to look, you could conclude that it's not public because it's not there, but it is in a public place. Mr. Stark said he and Evelyn are looking at an issue involving a homeowners' association dating back to the 1960s. It's taken time, but we want to make sure we're doing a thorough job. Many people and entities are involved in this process, depending on the different areas where they need access. Mr. Curl said he appreciates that he put all those employees on it. It sounds like the right employees are helping. Mr. Stark thanked him. The second topic for discussion is a DSAC request to obtain pricing to upgrade the Cityview texting feature to include notifications for multiple phone numbers. Jason Badge will give you a quick update on that. Mr. Badge said we looked into the pricing for the changes the DSAC requested, and the vendor said it would be $18,000, $2,400 of which would be recurring costs we'd have to pay in addition to yearly maintenance. That's what they came back with after analyzing everything that would go into upgrading the portal to allow for multiple emails to be added when you're scheduling or adding multiple phone numbers to receive text messages. Chairman Varian asked if they were going to move forward with it. What's the process of moving forward? We're an advisory committee. Mr. Stark said Mr. French would make that decision. It's a new fiscal year and new technology. You can make a motion and take the first step. Chairman Varian said they should make a motion. Mr. Curl thanked him and made a motion. Mr. Valle seconded it. Chairman Varian asked if there were questions. Mr. Boughton asked if it's worth that much. Page 10 of 16 October 4, 2023 Mr. Valle said there are 22,460 inspections done, and when you spread it out over the number of permits and inspections, it's pennies on the dollar for us and our clients are willing to pay for the service to get inspections done. We have these great people here to make it happen. Chairman Varian said we're all very busy. The way the system works now is only one phone number and one email can be placed. In his company, if there are three in the field, there are only two comments. With multiple, now everybody or multiple people can get it, so whoever is closer. It may not be his job, but he' s closer and he can help you. He's sure everyone is the same. We're just so busy. This is a definite help for us in the industry. A discussion ensued and the following points were made. • There's an additional cost of $2,400 yearly. • There's also a maintenance cost. • The recurring maintenance cost is $300,000, which is nothing. Mr. Curl made a motion to upgrade CityView's texting feature to include notifications for multiple phone numbers. Mr. Valle seconded it. The motion passed unanimously, 12- 0. Mr. Stark said the third topic was the customer's view versus staff s view of the portal. We believe the information both parties see are found within Cityview. We've dedicated resources available to our customers, including Dianna Perryman. She can share more about our training programs. We also brought pamphlets and training material. M.s. Perryman provided an update on what they provide for training: • We offer external training to customers, whether it's a homeowner, business, contractor, architect or engineer. They just need to reach out with the e-mail that's on the portal and it comes directly to her. • She sets up training and will go to their site, if necessary. • There's also virtual training on the portal. • We have inspection training and video inspection training for contractors. • She has provided training to permit -runners and anyone interested in using the portal. • It's not just the portal. She came up with training that helps with how to submit an application, what's required for an application and the naming convention we require for submittal through the portal. • She takes them through the application form so they understand what's required, what must be filled out on the application, revision form or any form, and the prerequisites for each application type. It's a robust training, about I'/2 hours. • Hundreds of contractors have gone through training, especially new ones who come to Collier and aren't familiar with our building process. • She also trains internal staff, new hires and pre-existing employees. • Thanks to Michael, we're going to start going to homeowner's associations or set up satellite offices or at the library, possibly Orange Blossom or Heritage Bay Page 11 of 16 October 4, 2023 Government Services Center to offer classes to the general public so they can understand how the portal works. • That's your source of submission to us, so we want you to be successful. That's the message we put out. We don't want you to have an issue. We want you to know how to do it, how to submit to all the app sites and do it successfully, so you won't have recurring correction letters. • There are brochures and we put them out at the business center. • There's also a dedicated website, bit.ly/CollierE-Permitting, with all the information and we also have videos on YouTube that walk you through each process, such as permitting, conditions, uploading and revisions. • Our intent is to educate our customers to make it easier for you to use the resources we have. The information is out there. • We started bit.ly/CollierE-Permitting in 2011, when she was a supervisor, so she understands some of the frustration you have when you don't know how to go through the process, but a lot of the documents from 2011 forward are the ones that are the most current. • She can show you how to research the portal to find older documents. • We're here to help. She's been charged with being more visible, so she created a flyer. We want you to tell the industry to call her and contact us so we can help you better get through our processes. Mr. Curl said there have been challenges before with the website, which handicapped that migration over to the new website. He likes YouTube for research. Is there a way to put a hyperlink, a redirect link there or something at the bottom that says there's a resource on YouTube, where how-to videos are posted? Ms. Perryman said it is linked. You just click on the link, and it automatically takes you to the video, so you don't have to take an extra step. Mr. Curl said he had no idea and thanked her. Mr. Boughton asked about the nomenclature/naming conventions. Is it on ePermitting? Ms. Perryman replied. • Yes, but sometimes it takes more explaining about what's required and where that is in the process when you get to a certain point on the portal. • We want you to save those documents a certain way, so the naming convention is there. It's a pre -preparation. You must know the name to save it under before you save it. It gives you the names and what's required in the process, so that explanation sometimes gets missed. You may call an application "Document 17," but we try to cut that off and explain the flow and how they should come in, so you don't get a letter saying you need to do something. Mr. Boughton said he was familiar with the nomenclature five or six years ago, but it seems to have morphed into something else. He's trying to verify the current way. Is it on the ePermitting site? Ms. Perryman said yes, it's there. Page 12 of 16 October 4, 2023 Chairman Varian said we believe employees have a different screen than we do out here and there's information on your screen that would help us. Sometimes we have to call to get information and we're trying to figure that out. Is there a reason for that? Ms. Perryman responded: • That's true. What we see internally is different from what you see. • But the information on the portal is the same information we have. You just need to know where to find it. For us, it's one screenshot. The application is one screenshot, and we have several attributes, but for you on the portal, it's broken into sections, so if you're looking for permits, the permits status or corrections, you need to know to go there. If you're looking for conditions, you need to know to go there. There isn't one big screenshot of everything. You just need to know where to go under those headers to find the information. Mr. Dunnavant said we do that. Chairman Varian said he still believes they have more information than we do. Ms. Perryman said we can have that conversation after the meeting. Chairman Varian said Dave brought it up at the last meeting. We've seen screenshots of various people who were answering a question for us and it wasn't near what we could find. That's the question that came up. Ms. Perryman responded. • You have the information we have in the portal. It's free information and we're not holding anything back. It's just how you find it. • It's just located in a different spot. That's the point of the training, to take you through that and answer questions. If you're looking for something, this is where you need to go. • It's not just about learning the portal, it's finding information. • She gets questions all the time and she's available. The brochure has her phone number and email, so she's here to help. Ms. Lynch further described the process: • The help button is on the top right and that will bring you to our webpage. • For naming your files, if you have plans signed and sealed documents, if you change the name, then that cuts off the signature and then we don't get signed and sealed plans. • For the naming convention we require, if plans are saved and signed under one name and you change the name, that causes an error. Ms. Perryman said do not use "save as." Whether it's from an architect, engineer or landscape surveyor, just save it under whatever that name is. The moment you hit "save as," it will invalidate that signature and then you get a correction letter. Page 13 of 16 October 4, 2023 Ms. Lynch said if you're in the portal account, if it's your portal account, you'll see things that the public can't see. But if you run into something or think you're not seeing something, contact Dianna or me and we'll be happy to look it up. We found one that was an NA. You could see it, it was not required, it was something else, and that was part of the system. We go to the top and you go to the side, but it's all there. Ms. Perryman said when you sign in, that was done on purpose. It was a request, so they could not see certain things like correction comments by plan reviewers. You can only see that if it's your submittal. That's the purpose of registering and signing in so you can see that, and we can then know who is signing it. Mr. Curl said he appreciates the public not seeing the staff letters because that can be a bone of contention when they're nine pages long and they make us look like idiots. Ms. Perryman said she'd leave the information and brochures for anyone who wants them. Mr. Stark said we want to make sure we're connecting all our subject matter experts in the room. Julie Chardon is also one of the key parts of this team under Kevin Summers, Diane, David, and Julie, so they're here to support you. All of us are. Mr. Stark detailed the September monthly report: • We received 3,694 permit applications through CityView software. • 50,626 was the fiscal year total for permit applications, a reduction from last year, when there were 5,545. • 286 of those 3,694 September permit applications were related to Hurricane Ian, bringing the total to 6,103. • Our Business Center intake staff assisted about 1,188 walk-in customers, and our satellite locations welcomed 148 walk-in customers. • The Call Center received 5,131 calls to the main number, with the average call lasting three minutes. • The department has 312 full-time employees, with 29 positions in the hiring pipeline. • We're recruiting and interviewing for plans reviewers, building inspectors, a code enforcement officer with Contractor Licensing, and a manager of planning positions. • We appreciate the opportunity to answer your questions today and provide you with team members. • It's the new fiscal year. We have seven divisions now, with about a $70 million operating budget. • We want to make sure we do everything possible to ensure we're supporting this advisory committee. j. Zoning Division — [Mike Bosi, Director] (No Report) 6. New Business 7. Old Business [Richard Long] Page 14 of 16 October 4, 2023 Mr. Long provided an update: • We have a new code cycle coming in January 1 st, which sunsets all the master permits that have been processed. • We're going to eliminate the pool masters, that option. Pools have to be site - specific engineered, and it's created a mess not only for customers but us. • The statute only requires single-family homes to be offered a master, so we're going to stick with that. • NOCs are 5,000 and 15,000 as of October 1 st. • The AC went from 1,250 to 15,000. • We're also working on paperless applications. We're going to eliminate you from filling out our forms and having to upload them. They're testing it and we're hoping to have it available next week as a soft opening. • They're eliminating pages 3-4. • You're going to be able to add subs to the portal, if you have them, as the City of Naples does, when submitting your initial submission. Chairman Varian said in the City of Naples, if their insurance or license is lapsed, you're not allowed to upload them. You're probably doing the same thing. Mr. Long said we're following that. We're still verifying that. Mr. Long continued his presentation: • If you don't have your subs in line when you're doing your initial, there will be a condition. We'll probably have a different form, but it doesn't have to be notarized at this point. We're working on that. • We are now entertaining how to build a workflow and process for Change of Use and Change of Occupancy for businesses. Right now, it's clunky and people rent things before they figure out what's needed for that space. We're working with zoning and talking with Business Tax Licensing to find a workflow. • We should have something by January that looks smooth and minimizes the impact when it needs to be minimal. Chairman Varian asked if they were close to being paperless on Building Permit applications. Mr. Long said yes. Chairman Varian asked about revisions. That also requires a notarized sheet. Mr. Long said we're trying to get rid of all the notarized sheets and forms and trying to go 100% electronic this week so we can do everything on the portal. Mr. McLean said on the Change of Use, if you want input from an architect, let him know because you're right, it's a disastrous process now. He'd be happy to test it. Mr. Long said yes, we'd like your input. 8. Committee Member Comments Chairman Varian said it's October. Are there any vacancies or expirations happening that we're going to have to worry about? Page 15 of 16 October 4, 2023 Ms. Chardon said there are members expiring. Wanda Rodriguez has notified the members of their reapplications. She can forward him the email if he wants. Chairman Varian said we usually get to vote on that before it goes to the Board of County Commissioners. We usually do that at our December meeting. Ms. Chardon said yes, she has the timeline, and all applications will be included in future packets. 9. Adjourn Future Meeting Dates: 3 p.m. Nov. 1, 2023 3 p.m. Dec. 6, 2023 3 p.m. Jan. 4, 2024 Mr. Curl made a motion to adjourn. It was seconded. The motion passed unanimously, 12-0. There being no further business for the good of the County, the meeting was adjourned by the order of the chairman at 4:04 p.m. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman These minutes were a roved by the Committee/Chairman on ,� 01 as presented (choose one) , or as amended Page 16 of 16 Response Time - Letters of Availability 80 70 60 50 M 0 40 c m 30 20 10 17 20 15 10 Cr aU w .5 .0 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 � Requests Completed � Minimum Average � Maximum +Requests Received Response Time - FDEP Permits 40 35 30 25 T 0 v 20 C 00 15 10 5 71 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Requests Completed Initial Review Time Revision Review Time � Director Approval Time - Requests Received - 25 - 20 - 15 - 10 - 5 - 0 U) to v 7 Cr N Response Time - Utility Deviations 18 16 14 12 8 6 4 2 0 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Requests Completed Sufficiency Review Time Substantive Review Time tRequests Received 10 9 8 7 6 5 v Cr 4 3 2 1 0 0) 1 & [a AUNWAWS Code Enforcement Reports Cases Opened Per Month 700 600 500 400 300 200 100 0 V N > N V N M M M O N Z N Q N N LL N 2 N Code Inspections Per Month 3000 2500 2000 1500 1000 500 0 O N O N C) N R N (D N M N z o LL 2 M N N 3 N M C 3 N M N M M = M QN N N CD CL Q N U) N Code Enforcement Reports 5000 4500 4000 3500 3000 2500 2000 1500 1000 500 0 3500 3000 2500 2000 1500 1000 500 0 2022 Origin of Case A 9 1'1 kh 2023 CRA Case Opened Monthly ■ Code Investigator initiated cases by FY Complaint initiated Cases by FY ■ Monthly Case Opened ■ Total Cases Opened Bayshore Immokalee Code Enforcement Reports September 22, 2023 — October 21, 2023, Highlights • Cases opened: • Cases closed due to voluntary compliance: • Property inspections: • Lien searches requested: Parking Enforcement, 7 Occupation al Licensing, 12 Top 15 Code Cases by Category Right of Way, 16, Signs, 10 Property Maintenance, 56 Nuisance Abatement, 112 467 323 2340 516 Site Development, 86 Temporary Use, 1 Mk. Vehicles, 57 Vegetation Pnr i iiroments, 19 Animals, 4 0) 1 a [44 AL-qqwtwo 4T, Building Plan Review Statistics All Permits Applied by Month 6,000 5,000 4,000 3,000 2,000 .. - - • 1,000 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 V > V C -0 O O Q M a> - Q >' C M 3 0 Q. V > U C -0 - Q >+ C S � 0.V d O d M d M G> 0 0 z o—) LL 2 Q 2 Q Ch z o—) LL. 2 Q g Q fq Top 15 of 35 Building Permit Types Applied / Electrical, \440 292 � Plumbing, hutters/292 Gas, 192 Pool, Windows 147 Aluminum Structure, 191 ------ Building, Fence, 179 508 , Mechanical, 706 'Air Well Permits, 116 ' ROW Bldg New 1 Residential, 92 & 2 Res, 14 Bldg Add/Alt, 279 Solar 128 Building Plan Review Statistics Monthly 1 & 2 Family Total Construction Value by Applied Date $400,000,000 $350,000,000 $300,000,000 $250,000,000 $200,000,000 $150,000,000 $100,000,000 _ N N N N M M M M N N N N N N N N N O� Q O� Q­3 O s 1 &2 Family Monthly Total Construction Value by Applied Date $400,000,000 $350,000,000 $300,000,000 $250,000,000 $200,000,000 $150,000,000 $100,000,000 $50,000,000 Monthly Multi -family & Commercial Total Construction Value by Applied Date $400,000,000 $350,000,000 $300,000,000 $250,000,000 $200,000,000 $150,000,000 $100,000,000 $50,000,000 N N N N N N N N N O Q O Q O (Multi -family Commercial � r � N N N N N N N N N N N N M M M M M M 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 > U C-0 L L C 0) a > U C-0 i - >, C 5 0) a 0 O O N N N Q (0 7 7 N O N M N M a (0 7 7 N z o o li 2 Q g� Q W O Z O Q g Q U)O —4--1&2 Family (Multi -family Commercial Building Plan Review Statistics New Construction Building Permits Issued by Month 400 350 300 250 200 150 100 50 0 T_ T" T" 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 M M M M M M M M N N N N N N N N N N N N M N *" i U U o m C ma i L � C m ai m a- m 3 0 7 Q ai *1 i U C M i L � C 0 Q— U 0 Q R d M CLM 3 = ai U O z o n LL Q n Q fn 0 z 0 iLL Q i Q fn 0 Oc1t Nov -Dec- J22 Feb- Mar- Mat J22 J�2 A2 g S2p Oct -Nov- Dec- J23 F23 Mar Ap3- M - J23 J23 S23 023 I 2p2 3 2ug-3 ■ Commercial 3 4 8 5 7 4 4 4 7 4 4 4 6 8 2 8 1 6 6 6 3 4 7 9 2 ■ Multi -family 6 12 9 10 12 15 3 1 8 2 2 3 10 29 7 3 1 3 22 3 1 7 4 15 3 0 1&2 Family 330 286 295 346 217 333 255 284 316 248 280 234 279 212 219 195 211 246 168 243 221 234 258 240 245 New Multi -family Building Permits Issued by Month 30 25 20 15 10 5 0 ��■�_a�-���a----------------- � N N N N N N M M M M M N N N N N N N N N N N N N U U L C 0) U U J0 L C 0) U -0 � °' m � 0 0 Li Q� Q 0 � � Q� Q 0 New Commercial Building Permits Issued by Month 18 16 14 12 10 8 6 4 2 0 LA-LU LJ U LJ LJ LJ LJ I I I l I I I I I I I l I I I I I I I l I I I I I I I I �. N N N N N N M M M M M N N N N N N N N `V N N N N U U J0 i C 0) U U -0 i C 0 U 0 Q O Q Q 0 p LL Q p LL nt Community 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 M M M M M M 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 v > U C -0L L % C Qi a v O O N (0 N Q N m m N O N m O Q (6 7 75 0 O Z 0 � Q Q w O Z 0 � Q Q cn O Types of Building Inspections Gas an,2 Well 119 Itic 1 14 12 10 8 6 4 2 0 Building Inspections Statistics Milestones Inspections Received by Month 19 0 = 9 a 0 0 EN 2023 2023 2023 2023 2023 2023 2023 2023 Milestone Inspection Status Udncfnno Alnf niin I Infil Affnr L L L E E O N N U Q Q N N U) U) 2023 2023 2023 irst Completed Milestone, 43 Land Development Services Statistics All Land Development Applications Applied by Month 350 300 250 200 150 100 50 T_ T" r N N N N N N N N N N N N M M M M M M 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 > U i .0 L L i1 C 0) 0.> U C -0 L L i+ C 0) 0. — 0 O a) M a) CO M 0 0 0)U O a> 0 0 M CL M 0 � 0 0)U Z o n LL 2 a 2 n 0 0 0 Z o n LL 2 Q 2 a U) O Top 5 Land Development Applications Applied within the Last 6 Months 250 208 200 150 100 50 0 Short -Term Vacation Rental Registration 181 138 124 90 Zoning Verification Vegetation Removal Site Development Plan Special Event Permit Letter Permit Insubstantial Change Land Development Services 45 40 35 30 25 20 15 10 5 0 120 100 80 60 40 20 Statistics Pre -application Meetings by Month T_ r T_ N N N N N N N N N N N N M M M M M M 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 al L >, C 0 Q. — OO d fC d a tv 3 7 a)V O a) to N to a R 7 7 a)V z o n U_ 2 Q 2 Q N 0 Z o n LL 2 Q g n Q CO 0 Front Zoning Counter Permits Applied by Month � r � N N N N N N N N N N N N M M M M M M 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 Y > U C .0 L i >, C M a w > U C M - L A C M a 0 z 0 n LL Q �° aD 0 z 0 n�� Q f° �� � d Cn 0 ■ Temporary Use 0 Commercial Certificates E 0 II Land Development Services Statistics Number of New Subdivisions Recorded per Month 8 7 6 5 4 3 3 3 3 3 3 3 2 22 1 aLi 1 1 1 1 1 004 0 1110 0 - r r T- N N N N N N N N N N N N M M M M M M 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 V o t) C Q �+ C 3 aI O. V o V C� L. Q. M C 0) O. V 0 Z o n LL Q g Q fn 0 z o n LL 2 Q M Q fn 0 Plat Pages Recorded per Month 60 59 54 50 aNi 40 CD ca a 0 30 28 d E 20 z 20 27 24 21 14 11 9 10 12 9 9 11 9 9 11 10 2 3 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 V i 0 C.0 - Q i+ C 0 Q V i 0 c M Q >+ c 7 CD 0 V O 41 M 0) M 3 0 O 0 M 0 0 3 3 0 0ZonLL Q2 QCO0Z0nLL Q2� 4cn0 Yearly Totals Subdivisions 2020 - 25 2021— 33 2022 — 29 2023 (YTD)- 18 Yearly Totals Lots 2021-1353 2022 — 3100 2023 (YTD)— 974 Yearly Totals Pages 2020 - 152 2021-188 2022 —175 2023 (YTD)— 81 Land Development Services Statistics Monthly Total of Subdivision Applications (PSPA, PSP, PPL, PPLA, ICP, FP, CNST) by Month 14 12 10 8 6 4 2 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 V > V C .0 R Q >+ C 5 0 0.V > V C .0 R Q >+ C 5 m a V O O 0 M d R � 3 d O d M 0 IC = 3 a)Z o n LL 2 Q g Q 0 0 Z o n LL 2 Q 2� n Q cn O 30 25 20 15 10 5 Monthly Total of Subdivision Re-submittals/Corrections (PSPA, PSP, PPL, PPLA, ICP, FP, CNST) by Month T" V- � N N N N N N N N N N N N M M M M M M 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 V > V C .0 R Q >, C IM Q V > V C .0Q �+ C 0.V O O d M N R 3 3 d O d R d R = d Z 0 n LL 2 Q M n Q cn 0 Z 0 nLL Q n Q CO 0 Land Development Services 70 60 50 40 30 20 10 50 — 45 40 35 30 25 20 15 10 5 0 Statistics Monthly Total of Site Plan Applications (SIP, SIPI, SDP, SDPA, SDPI, NAP) by Month T- T- r N N N N N N N N N N N N M M M M M M 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 } > 0 C ma L i >, C CO a —> u C ma L L >, C 0 a 0 z 0 n Li 2 Q ca ) 0 z 0 n Li 2 Q ra 3' ) 0 Monthly Total of Site Plan Re-submittals/Corrections (SIP, SIPI, SDP, SDPA, SDPI, NAP) by Month T- r T- N N N N N N N N N N N N M M M M M M 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 + > U C .0 L L >, C M a } > u C -0 L L >, C a) a 0 z 0 n Li 2 Q M 5 d 0 z 0 n Li 2 Q M = ) 0 Reviews for Land Development Services Number of Land Development Reviews 1,600 1,400 1,200 1,000 800 600 400 200 N N N N N N N N N N N N N N N N N CV N N N N N N N a) 0 n Q f° 3 a�i p z z0 0 LL Percent Ontime for the Month N M M M M M M M M M M N N N N N N N N N N N 0 a M L L >+ a o U_ Q Q in O Top 5 Land Development Reviews -Oct 2023 178 180 166 160 141 140 120 100 87 86 80 60 40 20 0 06- Q� Qe Qua Qua NV 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 N N N CV N N N N N N N o z° 0 n LL a n a Construction Estimate N N N N M M M M M M M M M M N N N N N N N N N N N N N N a —> V C M L L >, C M a- w" z° 0 n LL 2 a `� ' ') o o 2 n Q cn Utility Estimate Site & Utility Inspections r-91 50 40 o a 30 zo 0- 0 r N N N N N N N N N N N N N N N N N N N ■ Final Subdivision Inspection Preliminary Subdivision Inspection ■ Tie In Inspection �l N N N N M M M M M M M N N N N N N N N N N N U z 0 -5LL 2 Q MfA 7 ■ Final Utility Inspection Preliminary Utility Inspection Fire Review Statistics Building Fire Review Average Number of Days 10 9 8 7 6 rTo 5 0 4 3 2 1 I c-I c-I c-I N N N N N N N N N N N N M M M M M M 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 U i oo Q a i U i � 75 Q a O z p f6 LL Q � V)i O z 0 - ri 2 Q CL � � cn O Total Number of Building Fire Reviews by Month Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct - Fire District 21 21 21 22 22 22 22 22 22 22 22 22 22 22 22 23 23 23 23 23 23 23 23 23 23 Collier County (Greater Naples) 411 409 393 323 503 613 538 576 623 383 481 350 422 317 374 347 448 539 408 500 447 391 428 397 442 0 North Collier 654 504 449 470 503 671 646 777 855 637 800 525 466 449 391 444 450 583 490 692 650 627 636 525 616 Planning Fire Review Average Number of Days 10 9 8 7 6 5 0 4 3 2 1 I I 0 -1 ci .—I N (14 N N N N N N N N N N M M M M M M 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 > U C -0 a _ to Q > U C -0 i c W Q O O a) a1 fu Q (a 7 a) U O a) a1 ro Q cc : O 01 U z o LL g Q� Q V) o z o LL g Q g Q V) O Total Number of Planning Fire Reviews by Month Fire District Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- 21 21 21 22 22 22 22 22 22 22 22 22 22 22 22 23 23 23 23 23 23 23 23 23 23 ■ North Collier 48 41 49 29 31 29 49 43 48 36 31 29 55 27 41 42 28 46 25 47 56 54 50 37 52 Collier County(Greater Naples) 80 70 68 56 56 62 69 59 56 65 73 41 57 46 62 56 68 70 63 82 91 43 43 60 62 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 10/23/2023 2:35:18 PM. Name: Laura DeJohn Home Phone: Home Address: 16070 Copper Leaf Ln City: Naples Zip Code: 34116 Phone Numbers Business: 239-229-1726 E-Mail Address: I (s@mohnsoneng.com Board or Committee: Development Services Advisory Committee Category: Land Planner Place of Employment: Johnson Engineering, Inc. How long have you lived in Collier County: more than 15 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree isdemeanor onlv)? N Do you or your employer do business with the County? Yes ft talEngineering, Inc. is a vendor for civil engineering, surveying, planning, and environmen NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Yes I could benefit as a resident and taxpayer and my business could benefit from recommendations o DSAC if acted upon by the BCC. Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? Yes Dev. Services Adv. Committee (DSAC) Please list your community activities and positions held: Leadership Collier Education: University of Virginia, Bachelor of City Planning, Master of Urban Planning Experience / Background 5 years - Planner with City of Naples 19 years - Senior & Principal Planner with Johnson Engineering, Inc. Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 10/3/2023 9:45:17 AM. Name: Imarco Espinar Home Phone: 239-263-2747 Home Address: 1321168th Street SW City: Naples Zip Code: 34105 Phone Numbers Business: 239-263-2687 E-Mail Address: Imarcoe@prodi net Board or Committee: Development Services Advisory Committee Category: Environmental /Biologist Place of Employment: Collier Environmental Consultants Inc How long have you lived in Collier County: more than 15 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? Nol Not Indicated Do you or your employer do business with the County? Yes Occasionally we have done work on Colier County projects such as the Gordon River Greenway and Big Corkscrew Regional Park as a sub -contractor. That said the majority of our work are with the private sector. NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? Yes IConservation Collier- Awarded Outstanding Advisory Board Member Feb 2009 Environmental Advisorvl Board Development Services Advisory Board Please list your community activities and positions held: Pepper Ranch Youth Hunt- Volunteer Education: University of South Florida 1990 BS Experience / Background (Work for Southwest Florida Water Management District, Collier County Development Services and in� the private sector for 30 vearsi Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 10/3/2023 12:35:12 PM. Name: Blair A. Foley Home Phone: 239-263-1222 Home Address: 1120 Edgemere Way S City: Naples Zip Code: 34105-7107 Phone Numbers Business: 239-263-1222 E-Mail Address: folsOOO@aol.com Board or Committee: Development Services Advisory Committee Category: Professional Enginee Place of Employment: Blair A. Foley, PE, LLC How long have you lived in Collier County: more than 15 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guiltv of a criminal offense (anv level felonv or first degree misdemeanor only)? Nol Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? Yes Present: DSAC - Vice Chair Previously: Environmental Advisory Board -Chair Please list your community activities and positions held: Past/Present Activities & Positions: CBIA Task Force City of Naples Drainage, DSAC Utility/ROW/LDC Su Committee, Collier YMCA Swim Coach/Instructor, BSA Troop 165 Assist. Scoutmaster, Oak Forest HOA President, Wyndemere Long Range Golf Planning Committee, CBIA Government Affairs Education: B.S.E.S. Civil/Environmental Engineering USF, Florida Registered Professional Engineer Experience / Background 35+yr. experience in government & private practice site civil engineering in SW Florida. Principal Engineer responsible for planning, land development, water/sewer/drainage/road design, permittin and construction services related to residential/commercial/industrial and institutional projects. Board of County Commissioners 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (239) 252-8400 Application for Advisory Committees/Boards Name: Norman Gentry Home Phone: 239-594-9984 Home Address: 950 1st Ave North Suite 200 Naples Florida Business Phone: 239-594-9984 Board or Committee Applied for: Zip Code: 34102 E-mail address: normg@build-gh.com Development Services Advisory Committee Category (if applicable): General Contractor Example: Commission District, Developer, environmentalist, layperson, etc. How long have you lived in Collier County: 27 years How many months out of the year do you reside in Collier County: 12 months Have you ever been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? Yes No x If yes, explain: Place of Employment: BUILD LLC Do you or your employer do business with the County? Yes No x If yes, explain: Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Yes No x If yes, explain: NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Are you a registered voter in Collier County: Yes x No Do you currently hold public office? Yes No x If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes x No If yes, please list the committees/boards: Current member of Development Services Advisory Committe Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Current President of Collier Building Industry Association ( CBIA) Current member of Development Services Advisory Committe Education: Bachelor of Science Building Construction - University of Florida Experience: General Contractor - 32 years Please note I will be moving my residence to Estero in January of 2024 after living in Collier County for the past 32 years. However, my place of business will remain in Naples and the majority of my work is conducted in Collier County. This will continue. I believe my experience in the Collier County construction industry over the past 27 years and my work on the Development Services Advisory Council for the past 6 years uniquely qualifies me to be a productive and active member of DSAC. I would ask that this be considered in review of my re -application I enjoy working with my colleagues on this important committee and would very much like the opportunity to continue to serve Collier County in this capacity. Please attach any additional information you feel pertinent. This application should be forwarded to WandaRodriQuezna collierQov.net or by mail or in person to Wanda Rodriguez, County Attorney's Office, 3299 East Tamiami Trail, Suite #800, Naples, FL 34112. Thank you for volunteering to serve the citizens of Collier County. Board of County Commissioners 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (239) 252-8400 Application for Advisory Committees/Boards r Name: EAZEuP 1J U EL L t Home Phone: 2'Sq co, 4p 4e(o Home Address: UMT-1 TQ k4 WQ p 1> e, � Zip Code: 2- Business Phone: 2-3 . (j2 . ( E-mail address: j2tl_7 c L�- oo-:s . coin Board or Committee Applied for: _ ]C.liO _ tQV t CAS fii1 �1%rn (n) iT405 Category (if applicable): Z%-pZ:Q.T1..� L.. _ '_ R Example: Commission District, Developer, environmentalist, layperson, etc. How long have you lived in Collier County: CAZS How many months out of the year do you reside in Collier County: l rZ zodd1 D Have you ever been convicjp&1r found guilty of a criminal offense (any level felony or first degree misdemeanor only)? Yes No _ _ If yes, explain: Place of Employment: _� 5 �� C Do you or your employer do business with the County? Yes No If yes, explain: Would you and/or any organizations�th which you are affiliated benefit from decisions or recommendations made by this advisory board? Yes No If yes, explain: f3 ez.Z S f CE - r1*40A C rEU5 - I — AO k ;f)iZe 2ME41i PO-0 -Ta kt- — VA*�vF- A35rt,[\1,*J ZO F►-0M ?Atz±�C.c P0T1t-2 6 1#J TLA0 cc IDLg-'dUSj1vn1S NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Are you a registered voter in Collier County: Yes ✓/ No Do you currently hold public office? Yes No Zif so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes ✓ No If Yes, please list the committees/boards: - v► 5o r; �E L' vZ �✓� R r o L1E oi)s ,✓ ��s ; ��e ,a Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 1 f L A Sag: .TLd t nr r Education: r-i EQ C E.. Experience: i< & C vva &it O.- 110 - .- Please attach any additional information you feel pertinent. This application should be forwarded to WandaRodriguedq-�,colGergov.net or by mail or in person to Wanda Rodriguez, County Attorney's Office, 3299 East Tamiami Trail, Suite #800, Naples, FL 34112. Thank you for volunteering to serve the citizens of Collier County. BIOGRAPHY OF: MARIO M. VALLE, LEED AP Relationship Manager A native of La Paz, Bolivia, Mario Valle is a 1989 graduate of Florida State University, B.S. in Economics and Social Sciences (an interdisciplinary degree specializing in Geography, History and Economic Geography). In 1991, Mario joined the National School of Technology/Ward Stone College, in Miami, Florida as an Admissions Representative, eventually rising to the Director of Academic Affairs. During his term, he was named College Employee of the Year (1993). His interest in home construction and sales brought him to Creative Homes of Southwest Florida, Inc. in 1996 as Vice President of Sales. As a builder of workforce housing in Golden Gate City & Golden Gate Estates, Creative Homes was the perfect place for Mario to learn the business and, with his fluency in Spanish, build relationships that would last a lifetime. By the time the company closed due to the death of the owner in 2006, Mario had become President of Creative Homes. It turned out that Mario's skills and experience were exactly what PBS Contractors was looking for when it hired him as its Assistant Project Manager for the ongoing construction needs of Ave Maria, Florida. Over the next few years, he would become Project Manager and finally Account Manager as the area progressed to a full- fledged community. The title `Relationship Manager' was created for Mario. It fully reflects the comprehensive service role he plays as a liaison between the Project Managers and the clients. The position officially began in 2010, however he began working toward this role since day one with PBS. Today, he is responsible for winning new clients and nurturing relationships with existing clients to a degree of satisfaction that they will refer their friends, business associates and family members to PBS Contractors. Among his many honors and distinctions, Mario was a member of the Florida Commission on Human Relations from 2002 to 2014, a state appointed position that has been conferred on him by three consecutive Florida Governors. In his third term, he served as Vice -Chair and Chair. A Florida State licensed Real Estate Broker since 1997, Mario is a member of Naples Area Board of Realtors' Professional Standards Committee which is responsible for enforcing the Ethical Standards and Arbitrating Commission Disputes and is an active Mediator and Ombudsman. Mario also serves on the Development Services Advisory Council of Collier County which provides industry input to the processes of the permitting, inspection and planning services provided by The Growth Management Division. Mario has served on the Board of Directors for Grace Place for Children and Families since 2009 and served as its Board Chair for three years. Grace Place provides pathways out of poverty through education and literacy both for the children and the moms. During Mario's time on the Board, the campus has grown from two older small buildings to a fully functioning six -building campus with a food pantry and programs from infancy to adult education. From 2015 to 2017 he served as the President of the Courtside Commons Board of Directors and as Courtside Common's representative to the Master Association Board as Courtside's Governor. During his time as president, Mario oversaw the construction of the carport project interfacing with Collier County Growth Management as Courtside's Owner's Representative. A past president of the Golden Gate Estates Civic Association and past vice - chair for the Collier County Affordable Housing Advisory Board, Mario is a 2004 graduate of Leadership Collier and 2004 recipient of Gulfshore Business Magazine's 40 Under 40 award. In 2013 he was awarded Naples Area Board of Realtors Citizen of the Year, Education Foundation of Collier County Man of Distinction, and The Women's Council of Realtors, Naples on the Gulf Chapter Humanitarian of the Year. He was awarded NABOR's Humanitarian Award in 2019 for his work with the Sheriff's Office. With a desire to give back to the community in a more meaningful way, Mario joined the Collier County Sheriff's Office in November of 2012. Mario completed his Auxiliary Deputy Academy in 2013 and was awarded the Southwest Florida Public Service Academy's Andrew Widman Award for Academic Excellence (1301 Law Enforcement Auxiliary Class). In April of 2019, Mario was awarded the CCSO's Command Recognition Award for his service to the agency. He spent his first three years in Immokalee, then served three years in Golden Gate City both in Patrol and then with the Special Enforcement Team. Mario is currently enrolled in the Sheriff's Office Drone Pilot Training Program and serves on the Marine Patrol on Sundays when not with family. Awarding ribbons to the Special Olympics athletes at various events throughout the year is among one of Mario's favorite duties with the CCSO. Mario enjoys playing outdoor sports, biking, swimming, and studying history. He makes his home in Naples with his wife, Terry. The couple has one adult daughter and a granddaughter. Education Florida State University Science in Economics disciplinary Degree) in Tallahassee, Bachelor of and Social Sciences, (Inter- Experience 2006 - Present PBS Contractors Senior Relationship Manager, Director, Ave Maria Account Manager, Project Manager, Assistant Project Manager Responsible for finding and attracting new clients, nurturing and retaining those the company already has, and creating a level of client satisfaction that allows them to refer their friends, business associates and family members to our firm. 1996 —2006 Creative Homes of Southwest Florida, Inc. President, Vice -President of Sales Sales of workforce housing on your lot builder — growth of company was based on referrals from past clients. Clientele was 80% Hispanic and working class in Golden Gate Estates. During its ten-year run, Creative Homes of Southwest Florida built over 950 homes mostly for first-time homebuyers. 1991 —1996 National School of Technology / Ward Stone College Director of Academic Affairs Responsible for Academic Program coordination with the Department Chairs, Responsible for Meeting/Exceeding National Accreditation Approval Requirements, Developing and Enhancing Program Offerings, working closely with Campus Director, Responsible for Campus Maintenance Awards: Ward Stone College Employee of the Year 1993 Various National Home Builders Association Sales Awards 1996 — 2006 Gulfshore Business 40 under 40 — 2004 Leadership Collier Class 2004 Champions for Learning — 2013 Man of Distinction Southwest Florida Public Service Academy's Andrew Widman Award for Academic Excellence 96.86% 1301 Law Enforcement Auxiliary Class 7/22/13 — 9/7/13 Women's Council of Realtors — 2013 Humanitarian of the Year Naples Area Board of Realtors — 2013 Citizen of the Year Collier County Sheriff's Office — Command Recognition April 1, 2019 Naples Area Board of Realtors — 2019 Humanitarian Award Grace Place for Children and Families — Legacy Leadership Award 2020 CIVIC/COMMUNITY WORK: Current Grace Place for Children & Families Member, Past Board Chair & Campus Committee Chair — 2009 — Present Collier County Sheriff's Office Auxiliary Law Enforcement Officer 2012 — Present Development Services Advisory Committee Committee Member 2008 — Present Naples Area Board of Realtors Professional Standards Committee & Mediation Committee 2014 — Present Naples Therapeutic Riding Center Board Member, Campus Committee Member, Risk Management Committee Chair 2022 — Present Champions for Learning Volunteer — (8t" and 11t" Grade Selection Committee and Night of Champions) Past Humane Society of Naples Board Member 2015 — 2021 Collier Community Foundation Trustee Grants Oversight Committee Chair 2011 — 2016 Courtside Commons at Wyndemere President — 2015 — 2018 Wyndemere Homeowners Association Governor, Facilities & Finance Committees — 2015 — 2018 Naples Area Board of Realtors Community Involvement Committee 2013 — 2015 Florida Commission on Human Relations Commissioner, Chair & Vice Chair — 2002 — 2014 Golden Gate Estates Civic Association Board of Directors & President — 1999 — 2006 Champions for Learning — 2015 — 2019 Board Member Connect Now Subcommittee & Conversation Facilitator 2008 — 2010 Advisory Council Member Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 11/1/2023 2:00:04 PM. Name: John Christian English Home Phone: 239-403-6818 Home Address: 11901 Curling Ave City: Naples Zip Code: 34109 Phone Numbers Business: 239-403-6818 E-Mail Address: Len lish en -en .com Board or Committee: Development Services Advisory Committee Category: Place of Employment: Barron Collier Companies How long have you lived in Collier County: more than 15 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guiltv of a criminal offense (anv level felonv or first degree misdemeanor only)? Nol Not Indicated Do you or your employer do business with the County? Yes We have worked on County projects. NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Yes I don't believe that me or the company I work for will benefit from my efforts on DSAC. However I wo For a company that does land development and land development consulting, and simply wish to be clear about that. On DSAC we usual work collaboratively to assist and improve on the work of t County. Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? Yes Current member of DSAC Please list your community activities and positions held: Education: Bachelors Degree in Engineering Experience / Background Worked for 28 years as a consulting civil engineer in SW Florida Co ter County Growth Management Community Development Department To: Development Services Advisory Committee (DSAC) From: Eric Johnson, AICP, CFM, LDC Planning Manager Date: October 24, 2023 Re: PL20220005067 — Scrivener's Errors PL20220006373 — Mobile Food Dispensing Vehicles (MVDV) and Food Truck Parks PL20230013966 — Wireless Communication Facilities The DSAC-Land Development Review Subcommittee (DSAC-LDR Subcommittee) reviewed the above referenced LDC amendments at their meeting on October 17, 2023, with each being recommended for approval. Please consider the following information when reviewing the enclosed LDC amendments: PL20220005067 - Scrivener's Errors This LDC amendment was reviewed by the DSAC in 2022; however, numerous non -substantive changes have been made since then, which are now depicted with yellow highlights. Because of all the changes, staff wanted to have the DSAC-LDR Subcommittee and DSAC re -review it. The DSAC-LDR Subcommittee recommended approval of the additional changes with no conditions on October 17, 2023. PL20220006373 - Mobile Food Dispensing Vehicles and Food Truck Parks The DSAC-LDR Subcommittee recommended approval of this LDC amendment with one minor condition regarding outdoor lighting fixtures. Staff updated the text based upon the DSAC-LDR Subcommittee's recommendation, but the new text is not depicted with any highlights. It should be noted, however, that staff made further changes to the LDC amendment upon receiving additional feedback from other County staff members regarding other subject matters. These changes are new and depicted with yellow highlights and summarized as follows: • In LDC section 5.05.16 B, clarify the proposed regulations apply to both MFDVs and FTPs. Replace the words "permanent pad" with "permanent designated area." The emphasis of this change is based on the preference for MFDVs to be placed upon a stabilized/designated surface area rather than a permanent pad (without a dimensional standard) beneath the MFDV. As an accessory use, limit MFDVs to no more than two. This predicate is sustainable by other Florida communities, such as Bonita Springs, Gainesville, and Lakeland. next page Co ter County Growth Management Community Development Department PL20230013966 - Wireless Communication Facilities The DSAC-LDR Subcommittee recommended approval of the LDC amendment with the following minor conditions: Remove Footnote 2 from "50% of tower height" in Table 3 due to it being a scrivener's error (page 37, line 14). Modify LDC section 5.05.09 F.2.g.iii., to include a three -foot -high continuous hedge requirement in addition to the existing landscaping and screening requirements (page 38, line 36). Modify the wording of LDC section 5.05.09 F.3.c., to begin the sentence with "Rooftop mounted" to clarify the intent of the regulation (page 39, line 35). The requested changes have been incorporated into the LDC amendment with new text being depicted with yellow highlights. In addition, staff received an email from the public requesting certain changes (see Exhibit A); however, staff did not incorporate the requested changes into the LDC amendment. CO ter C014Hty Growth Management Community Development Department LAND DEVELOPMENT CODE AMENDMENT PETITION SUMMARY OF AMENDMENT PL20220005067 This amendment corrects scrivener's errors and updates cross-references ORIGIN related to various Land Development Code (LDC) sections. Growth Management Community Development Department (GMCDD) HEARING DATES LDC SECTION TO BE AMENDED BCC TBD 1.08.01 Abbreviations CCPC TBD 1.08.02 Definitions DSAC 11 /01 /2023 2.02.02 District Nomenclature 11/02/2022 2.03.01 Agricultural Districts DSAC- 10/17/2023 2.03.02 Residential Zoning Districts LDR 08/24/2022 2.03.03 Commercial Zoning Districts 2.03.07 Overlay Zoning Districts 2.03.08 Rural Fringe Zoning Districts 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 4.03.03 Subdivision Exemptions 4.06.04 Trees and Vegetation Protection 5.05.15 Conversion of Golf Courses 6.01.02 Easements 10.02.04 Requirements for Preliminary and Final Subdivision Plats 10.02.08 Requirements for Amendments to the Official Zoning Atlas Appendix C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC Approval Approval TBD BACKGROUND This LDC amendment corrects scrivener's errors and updates various citations/references throughout the LDC. This staff -led effort required collaboration between Zoning and Development Review divisions in the GMCDD. These changes are necessary to keep citations current and text appropriate. Research to relevant codes was applied for validity. This amendment makes corrections in the following LDC sections: LDC section 1.08.01.: Update the C-1 Zoning District title. LDC section 1.08.01.: Removal of abbreviation for Residential Neighborhood Commercial Subdistrict. LDC section 1.08.01.: The "s" in "Village Residential Zoning Districts" should be removed. LDC section 1.08.02.: This is an editorial correction to correct punctuation. LDC section 1.08.02.: LDC section 2.05.02 is referenced when the correct reference should be LDC section 2.05.01. 1 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).docx Co ter C014Hty Growth Management Community Development Department LDC section 2.02.02 D.: Addition of `BP" to include the Business Park District. LDC section 2.03.01 B.1. c.5.: Removal of reference to LDC section 2.03.01 B.31 due to the section not existing. LDC section 2.03.02 A.1.c.7.: Removal of reference to LDC section 2.03.02 3.h. due to the section not existing. LDC section 2.03.03 B.1.c.8.: The word "principle" should read "principal." The word has a different meaning. This section is referring to the primary uses listed in LDC section 2.03.03 B. La. LDC section 2.03.03 C.l.a.42.: The chapter citation of the Florida Administrative Code (F.A.C.) is cited incorrectly. There is no chapter 589A-36. Chapter 59A-36 is appropriate, it being entitled "Assisted Living Facility," with this LDC section referring to this subject. LDC section 2.03.07 F.2.b.: LDC section 4.02.06 is referenced as it pertains to the design standards for the GGPOD zoning overlay. This citation is incorrect. The GGPOD zoning overlay should cite LDC section 4.02.26. These design standards have been in this section since their adoption in the LDC. LDC section 2.03.07 G.6.d.: LDC section 2.03.06 G.6.c.i. is referenced, however section 2.03.06 G.6.c.i. does not exist. The section should read 2.03.07 G.6.c.i. LDC section 2.03.071.3.a.: This section of the LDC references section V.F. from the Future Land Use Element (FLUE). This is an incorrect citation. The FLUE was updated and the referenced V.F. section changed to V.G. LDC section 2.03.07 N.3.a.: The Future Land Use Element citation is incorrect and needs to be updated. LDC section 2.03.07 N 4. b. iii.: LDC section 5.05.04 is referenced for guesthouse regulations, however, it should be LDC section 5.03.03. LDC section 2.03.08 A.2.b.(1)(C): The reference to LDC section 2.03.02(E) is incorrect. The correct reference for the C-4 zoning district is LDC section C-4 is 2.03.03(D). LDC section 2.03.08 B. La. (5): The LDC section citation for 2.03.08 C. is incorrect. The LDC section for Natural resource protection area overlay district (NRPA) was changed from 2.03.08 C. to 2.03.08 B. with Ordinance Number 2005-27 and this citation was not updated with it. LDC section 2.03.08 B.I.b.: The typo, "eth" has remained in this section since the current, amended LDC Ordinance 2004-41 was adopted. LDC section 4.02.14 B.: Update the reference to State of Florida "Department of Economic Opportunity" to "Department of Commerce". LDC section 4.03.03 G.3. k.: Update the reference to State of Florida "Department of Economic Opportunity" to "Department of Commerce". LDC section 4.06.04. A.3. e.: This is an editorial correction, the removal of the word "and". LDC section 5.05.15 C.2.a.: This is an editorial correction to correct the labelling. LDC section 6.01.02 C.: The word "principle" should read "principal." The word has a different meaning. This section is referring to the primary structures located on a lot. LDC section 10.02.04 E.2.c.: This is an addition to LDC section 10.02.04 E.2.c. as `B.3 and" was added. Construction plans are reviewed, and approval is pursuant on LDC section 10.02.04 B.3. and BA., not 10.02.04 B.4. alone. LDC section 10.02.08 B.I. thru B.3.: This is an editorial correction, the capitalization of proper nouns. Appendix CA. 7.: This is an editorial correction to correct punctuation. DSAC-LDR Subcommittee Recommendation: On October 17, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC amendment. 2 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).docx Co ter C014Hty Growth Management Community Development Department FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY There are no anticipated fiscal or operational The proposed LDC amendment has been reviewed by impacts associated with this amendment. Comprehensive Planning staff and may be deemed consistent with the GMP. 3 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).docx DRAFT Text underlined is new text to be added Text str'Lethrn nh is ono text to he deleted Amend the LDC as follows: 1 2 1.08.01 — Abbreviations 3 4 5 C-1 Ger„me!FGial DiStriGtS Commercial Professional and General Office District 6 7 8 RNG Residential Nemahborhoo d GGMMorrial S bdiStrint 9 10 11 VR Village Residential Zoning Districts 12 13 14 # # # # # # # # # # # # # 15 16 1.08.02 — Definitions 17 19 20 Family care facility: A residential facility designed to be occupied by not more than 6 persons 21 under care, plus staff as required by rule 59A-36.010, F.A.C., and constituting a single dwelling 22 unit (i.e., adult congregate living facility for: aged persons; developmentally disabled persons; 23 physically disabled or handicapped persons; mentally ill persons; and persons recovering from 24 alcohol and/or drug abuse). Foster care facilities are also included, but not the uses listed under 25 group care facility (category II). This use shall be applicable to single-family dwelling units and 26 mobile homes. 27 28 29 30 Guesthouse: An accessory dwelling structure which is attached to or detached from, a principal 31 dwelling located on the same residential parcel and which an accessory dwelling serves as an 32 ancillary use providing living quarters for the occupants of the principal dwelling, their temporary 33 guests or their domestic employees and which may contain kitchen facilities. Guesthouses are 34 not permitted in development that is receiving an AHDB. See LDC 35 sections 4.01.02, 5.03.03 and 2.05.021 for additional information. 36 37 38 # # # # # # # # # # # # # 39 40 2.03.01 —Agricultural Districts 41 42 43 4 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).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 51 DRAFT Text underlined is new text to be added Text strikethre nh is ono text to he deleted B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). * * * * * * * * * * * * C. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * * * * * * 5. Group care facilities (category 1); care units, se��e� e"e p.—.ci� of LDG subSeGtOOR 7 03 01 13.3. f; nursing homes; assisted living facilities pursuant to § 429.402 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. # # # # # # # # # # # # # 2.02.02 — District Nomenclature * * * * * * * * * * * * * D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I, BP, and industrial components in PUDs. # # # # # # # # # # # # # 2.03.02 — Residential Zoning Districts * * * * * * * * * * * * * 5 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).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 51 DRAFT Text underlined is new text to be added Text str'Lethre nh is ono text to he deleted A. Residential Single -Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single- family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). C. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00. 7. Group care facilities (category 1); care units s bjeGt tG the PFGVOSOORS o; L�G sabseGtiGn 2.03.02 h; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. # # # # # # # # # # # # # 2.03.03 — Commercial Zoning Districts B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should 6 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).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 51 DRAFT Text underlined is new text to be added Text str'Lethrn nh is ono text to he deleted allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the Iocational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. C. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in LDC section 10.08.00. 8. Personal services, miscellaneous (7299 - not listed as maple principal uses and limited to babysitting bureaus; birth certificate agencies; car title and tag services; computer photography or portraits; dating service; diet workshops; dress suit rental; tux rental; genealogical investigation service; hair removal; shopping service for individuals only; wardrobe service, except theatrical; wedding chapels, privately operated) with 1,800 square feet or less of gross floor area in the principal structure. C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the Iocational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County 7 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).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 51 DRAFT Text underlined is new text to be added Text strikethre nh is ono text to he deleted GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). * * * * * * * * * * * * * a. Permitted uses. * * * * * * * * * * * * * 42. Group care facilities (category I and 11, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 589A 36 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.07 — Overlay Zoning Districts * * * * * * * * * * * * * F. Golden Gate Parkway Overlay District (GGPOD) * * * * * * * * * * * * * 2. Applicability. * * * * * * * * * * * * * b. Property owners within the GGPOD may establish uses, densities, and intensities in accordance with the underlying zoning classification of the GGPOD. The design standards of the GGPOD pursuant to LDC section 4.02.06-26 shall apply. * * * * * * * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. 8 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).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 51 DRAFT Text underlined is new text to be added Text strikethre nh is ono text to he deleted * * * * * * * * * * * * * 6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the land development code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. * * * * * * * * * * * * * d. Density. Once the existing conditions site improvement plan is approved, owners may replace mobile home units with an approved building permit at sites shown on the site plan. Replacement units may be larger than the removed unit, so long as the minimum separation standards established in LDC section 2.03.067 G.6.c.i are met. * * * * * * * * * * * * * I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * * 3. Relationship to the Underlying Zoning Classification and the GMP a. The purpose of the BZO is to fulfill the goals, objectives and policies of the GMP, as may be amended. Specifically, the BZO implements the provisions of section V.1=G., Bayshore Gateway Triangle Redevelopment Overlay, of the FLUE. Portions of the BZO coincide with Mixed Use Activity Center #16 designated in the FLUE. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in LDC section 4.02.16. N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special conditions for the properties in and adjacent to the Gateway Triangle as identified by the designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * * 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan. a. The purpose of the GTZO is to fulfill the goals, objectives and policies of the GMP, as may be amended. Specifically, the GTZO implements the provisions of section V.-FG., Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the GTZO that coincide with Mixed Use Activity Center #16 as designated in the FLUE of 9 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).docx DRAFT Text underlined is new text to be added Text str'Lethrn nh is ono text to he deleted 1 the GMP. Development standards in the activity center is governed by 2 requirements of the underlying zoning district requirements and the mixed 3 use activity center subdistrict requirements in the FLUE, except for site 4 development standards as stated in LDC section 4.02.16. 5 6 7 8 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 9 10 11 12 b. Use Categories and Table of Uses 13 14 15 16 iii. Table of Uses. 17 18 Table 2. Table of Uses for the GTZO Subdistricts 19 20 21 I USE TYPE I GTZO SUBDISTRICTS RESIDENTIAL I MIXED USE a) RESIDENTIAL ADDITIONAL STANDARDS 7) Guesthouse A A 5.053.043 and 4.02.1 6 C.2. 22 23 24 # # # # # # # # 25 26 2.03.08 — Rural Fringe Zoning Districts 27 28 A. Rural Fringe Mixed -Use District (RFMU District). 29 30 31 32 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 33 district that have been identified as being most appropriate for development and 34 to which residential development units may be transferred from RFMU sending 35 lands. Based on the evaluation of available data, RFMU receiving lands have a 36 lesser degree of environmental or listed species habitat value than RFMU sending 37 lands and generally have been disturbed through development or previous or 38 existing agricultural operations. Various incentives are employed to 39 direct development into RFMU receiving lands and away from RFMU sending 10 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).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 DRAFT Text underlined is new text to be added Text str'Lethrn nh is ono text to he deleted lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in an applicable PUD. * * * * * * * * * * * * * b. Rural villages. Rural villages, including rural villages within the NBMO, may be approved within the boundaries of RFMU receiving lands, subject to the following: * * * * * * * * * * * * * (1) Allowable Uses: * * * * * * * * * * * * * (c) All permitted and accessory uses listed in the C-4 General Commercial District, section 2.03.023 (€D), subject to the design guidelines and development standards set forth in this Section. * * * * * * * * * * * * * B. Natural resource protection area overlay district (NRPA) 1. Purpose and intent. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow -ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. * * * * * * * * * * * * * a. NRPA overlay areas. NRPAs are located in the following areas: * * * * * * * * * * * * * (5) South Golden Gate Estates. 11 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).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 51 DRAFT Text underlined is new text to be added Text str'Lethre nh is currono text to he deleted The NRPA lands within the Rural Fringe Mixed Use District to which the Section 2.03.08 GB. regulations apply (i.e. - numbers 3 and 4 above) are depicted by the following map: * * * * * * * * * * * * * b. NRPAS designated as RFMU sending lands within the RFMU district. NRPAs located in the RFMU district are identified as RFMU sending lands and are further subject to the provisions, conditions and standards set forth in section 2.03.08 (A)(4). Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands to other identified "receiving" lands pursuant to et# specific provisions set forth in section 2.01.03 of this Code. * * * * * * * * * * * * * # # # # # # # # # # # # # 4.02.14 — Design Standards for Development in the ST and ACSC-ST Districts * * * * * * * * * * * * * B. All development orders issued for projects within the ACSC-ST shall be transmitted to the State of Florida, Department of F=GGRGR;OG ^^^^F'URit Commerce, for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code, development order Requirements for Areas of Critical State Concern. * * * * * * * * * * * * * # # # # # # # # # # # # # 4.03.03 — Subdivision Exemptions G Rural area subdivision requirements. * * * * * * * * * * * * 3. Access agreement. The owner of property applying for a building permit shall execute a release and waiver agreement which shall be executed and recorded at the applicant's expense in the official records of Collier County. The release and waiver agreement shall be in a form approved by the county attorney or designee, and shall include, at a minimum, the following provisions and a copy of the recorded agreement submitted with the property owner's building permit application: * * * * * * * * * * * * k. An acknowledgment that the Department of E^�;G Oppertunity Commerce rn� may review and appeal any development order issued by Collier County within the Big Cypress Area of Critical State Concern. Also, confirmation that the applicant will execute, prior to 12 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).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 51 DRAFT Text underlined is new text to be added Text str'Lethrn nh 'c currono text to he deleted issuance of any development order by Collier County, a statement of understanding of the DEQ-Department of Commerce review requirements in the form approved by the B€9 Department of Commerce; and * * * * * * * * * * * * * # # # # # # # # # # # # # 4.06.04 — Trees and Vegetation Protection A. Vegetation Removal and Site Filling. Unless exempted by Section 3.05.02, clearing and filling for Site Development Plans (SDP), Site Improvement Plans (SIP), Plans and Plat (PPL) and Vegetation Removal and Site Fill Permits (VRSFP) shall be in accordance with Section 3.05.05 and the following criteria. The following shall not apply to the Golden Gate Estates subdivision. * * * * * * * * * * * * * 3. Stabilization: * * * * * * * * * * * * * e. For subdivisions and VRSFPs within subdivisions, excluding VRSFPs for clearing and filling of 5 lots or less or for temporary access pursuant to 4.06.04 A.2.a, b and c (above), a vegetation bond in the form of a performance bond, letter of credit, or cash bond and —in the amount of $5,000.00 per acre must be posted. Bonds shall be released to the applicant on a prorated basis based upon issuance of building permits or stabilization of fill. * * * * * * * * * * * * * # # # # # # # # # # # # # 5.05.15 — Conversion of Golf Courses * * * * * * * * * * * * * C. Application process for conversion applications. * * * * * * * * * * * * * 2. Developer's Alternatives Statement requirements. The purpose of the Developer's Alternatives Statement (DAS) is to serve as a tool to inform stakeholders and the County about the applicant's development options and intentions. It is intended to encourage communication, cooperation, and consensus building between the applicant, the stakeholders, and the County. Via. Alternatives. The DAS shall be prepared by the applicant and shall clearly identify the goals and objectives for the conversion project. The DAS shall address, at a minimum, the three alternatives noted below. The alternatives are not intended to be mutually exclusive; the conceptual development plan 13 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).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 51 DRAFT Text underlined is new text to be added Text str'Lethrn nh is ono text to he deleted described below may incorporate one or more of the alternatives in the conversion project. * * * * * * * * * * * * * # # # # # # # # # # # # # 6.01.02 — Easements If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat and dedicated on the final subdivision plat. C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum setback as required by the LDC, or other setback that may be approved as a deviation through the PUD approval process by the Board of County Commissioners from the boundary of such protected/preserve area in which no PFORGOp-I -principal structure may be constructed. The required preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable. Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the County Manager or designee; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary. Additional regulations regarding preserve setbacks and buffers are located in Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted or simply identified by a recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary 14 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).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 51 DRAFT Text underlined is new text to be added Text str'Lethre nh is currono text to he deleted subdivision plat and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. * * * * * * * * * * * * * # # # # # # # # # # # # # 10.02.04 — Requirements for Preliminary and Final Subdivision Plats * * * * * * * * * * * * * E. General Requirements for Construction Plans (CNSTR). * * * * * * * * * * * * * 2. Application and process. * * * * * * * * * * * * * C. Construction plans shall be reviewed and approved pursuant to LDC section 10.02.04 B.3 and B.4, as applicable. * * * * * * * * * * * * * # # # # # # # # # # # # # 10.02.08 — Requirements for Amendments to the Official Zoning Atlas * * * * * * * * * * * * * B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by: 1. Board of sCounty GCommissioners. 2. Planning GCommission. 3. Board of zZoning aAppeals. * * * * * * * * * * * * * # # # # # # # # # # # # # APPENDIX C — FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION * * * * * * * * * * * * * A. DEDICATE TO THE (insert homeowners' association or legal entity): * * * * * * * * * * * * * 7. All conservation/preserve areas/easements as follows: ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or 15 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\1 1 -01 \Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 DRAFT Text underlined is new text to be added Text str'Lethre nh 'c GUrrono text to he deleted EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED TO CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE . FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. * * * * * * * * * * * * * # # # # # # # # # # # # # 16 GALDC Amendments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220005067 - Scrivener's Errors LDCA (10-20-2023).docx CU 7eY Ci074Hty Growth Management Community Development Department Zoning Division LAND DEVELOPMENT CODE AMENDMENT PETITION PL20220006373 ORIGIN Board of County Commissioners (Board) SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment shall establish the provisions for Food Truck Parks as a conditional use in the C-3, C-4, C-5 Commercial, BP -Business Park, I -Industrial, and PU-Public Use Zoning Districts. It defines a Food Truck Park, a Mobile Food Dispensing Vehicle (MFDV), sets forth specific development standards for Mobile Food Truck Parks, and provides for the accessory use of MFDVs. This LDC amendment requires a companion amendment to the Administrative Code for Land Development. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). HEARING DATES LDC SECTION TO BE AMENDED BCC TBD 1.08.02 Definitions CCPC TBD 2.03.03 Commercial Zoning Districts DSAC 11/01/2023 2.03.04 Industrial Zoning Districts DSAC-LDR 10/17/2023 2.03.05 Civic and Institutional Zoning Districts 4.05.04 Parking Space Requirements 5.05.16 Mobile Food Dispensing Vehicles and Food Truck Parks (New Section) ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC Annroval with recommendation TBD TBD BACKGROUND On October 12, 2021, after hearing an appeal of an official interpretation of a comparable use determination, the Board of Zoning Appeals (BZA) determined that a food truck park is not a permitted use but rather is a site specific use for a parcel of land in the C-3 Zoning district. The BZA directed staff to bring back an LDC amendment supporting the conditional use process for Food Truck Parks. Their primary concern was the impacts that a food truck park would have on the surrounding residential neighborhoods, particularly the issues of noise (outdoor amplified music) and alcohol consumption, occurring at the bar/dance stage area (entertainment) at Celebration Park Food Truck Court off of Bayshore Drive. The Board recognized the need to adopt development standards specific to mobile food dispensing vehicles that permanently operate in a food truck park rather than as temporary and transportable retail food facilities or itinerant catering service. It further became confusing to licensed food truck operators and to the general public that there are no specific standards or existing code provisions for the permanent placement of mobile food dispensing vehicles (MFDVs), and that an active, social, pedestrian friendly, and integrative entertainment environment would be difficult to attain countywide on a daily basis by right of use. Located in a designated area, a concentrated number of mobile food dispensing vehicles eating options can create the feel of a street festival, social interactions, and employment opportunities. When fixed food trucks, with or without outdoor seating, are sustained in a permanent location, they require a potable water source, waste water disposal site, central propane tank, minimum separation distances between J:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220006373 - Food Truck Park and MFDVs (10-18-23).docx CU 7er Ci014Hty Growth Management Community Development Department Zoning Division vehicles and fire hydrants, access to restrooms, adequate lighting, landscaping, and off-street parking areas. The required off-street parking areasmustbe locatedin a manner so as not to block accessways, walkways, driveways, loading zones or interfere with the site's circulation ways. An additional consideration is to minimize any unnecessary noise or fumes to surrounding residential properties in working relationship with generators. The Florida Statutes defines a "mobile food dispensing vehicle." This defmition and other related definitions are provided in Exhibit A. Food truck parks can serve as vibrant public spaces where a variety of activities take place and provide a unique setting for the service of food in areas that have historically not been serviced by a concentration of traditional restaurants. In addition, several images of Food Truck Parks are illustrated in Exhibit B. Left unaddressed and unplanned, multiple mobile food dispensing vehicles can congest sidewalks, streets, become unsanitary, and form an imposing wall that can block views and access to the face of other buildings or structures without appropriate screening or design standards. This amendment addresses the pedestrian -oriented, permanent placement of MFDVs with entertainment activities as opposed to transportable or temporary retail food vehicles that are parked at or nearby an existing restaurant, retail strip center, or allowed by a special event permit. Staff compared site development plans for food thick parks approved in the County and compared them to the requirements and standards that were adopted in other jurisdictions. This research reveals certain commonalities and improvements, which support the proposed design standards and requirements. It sets forth recommendations to protect public health, safety, and evade congestion concerns as hazards to traffic and pedestrian movement, life or property, or an obstruction to the adequate access to fire, refueling of gas tanks, restrooms, parking, and refuse. For example, in 2021, numerous fire code violations had been cited at the Celebration Food Truck Park which eventually had been resolved. Additionally, a notice of violation had been issued for an existing gas station site that had been operating permanently food trucks and outdoor seating without a temporary use permit for special sales event or an approved site development plan. (See Exhibit D). Per LDC section 10.08.00, this amendment requires a conditional use approval by the BZA for a permanent food truck park with alcohol sales, amplified sound and outdoor entertainment, that if controlled as to the number, area, location, or relation to the neighborhood would be compatible and promote the public health, safety, and general welfare. It introduces specific requirements, a definition for both, a MFDV and MFTP and allows by right, an MFDV as an accessory use to an existing business establishment. Further, it allows a MFTP, as a permitted use, devoid of alcohol sales or outdoor amplified sound with entertainment. The respective zoning districts where an MFTP may be conditionally approved are in the C-3, C-4, C-5, I, BP, and PU districts. DBPR's Mobile Food Dispensing Vehicle Plan Review Application is provided in Exhibit C. DSAC-LDR Subcommittee Recommendation: The DSAC-LDR Subcommittee recommended approval by incorporating the term "full cutoff" outdoor lighting fixtures and not "fully shielded". This change has been incorporated into the amendment as follows: "Outdoor lighting fixtures shall be full cutoffs to direct glare and excessive lighting away from adjacent property. Nuisance lighting, such as, flashing or strobing lights, shall be prohibited." 2 J:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220006373 - Food Truck Park and MFDVs (10-18-23).docx CU 7eY Ci014Hty Growth Management Community Development Department Zoning Division FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY No fiscal or operational impacts are The proposed LDC amendment has been reviewed by anticipated. There will be application fees Comprehensive Planning staff and may be deemed associated with the conditional use approval consistent with the GMP. process. EXHIBITS: A) Florida Statutory References B) Food Truck Park Examples C) DBPR HR-7006 - Division of Hotels and Restaurants Mobile Dispensing Vehicle Plan Review Application D) Code Violation Photos E) Administrative Code Amendment 3 J:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220006373 - Food Truck Park and MFDVs (10-18-23).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. T8..4.;4 0148th...W gh 0 6 G 61 FFGR tO..44.. h...J.,1. 49d Flowway: A natural or manmade swath of land, varying in width and length, providing for the conveyanceof water, primarily sheet flow, during seasonally wet periods, generally from north to south, and providing beneficial wildlife habitat and aquifer recharge. Food truck park: A type of establishment under common ownership where food is offered for sale or sold to the public from mobile food dispensing vehicle(s), either self-propelled or non - self -propelled. Food truck parks may include shared accessory uses, such as public seating, permanent utilities, and support services and facilities. See LDC section 5.05.16. 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. Mobile food dispensing vehicle (MFDV): Any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including but not limited to gas, water, electricity, or liquid waste disposal, sometimes referred to as a food truck or trailer or food cart, registered and regulated by the Florida Department of Business Regulation requiring a mobile food vendor license subject to F.S. Sections 509.101 and 509.241. See LDC section 5.05.16. 2.03.03 — Commercial Zoning Districts C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use 4 J:\LDC Amen d ments\Advisory Bo ards an d Public Hearings\DSAC\2023\11-01\Materials\Word Vers i o n \PL20220006373 - Food Truck Park and MFDVs (10-18-23).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. element of the Collier County GMP.The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 36. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure. 37. Food truck parks with no alcohol or amplified sound providing outdoor entertainment. subiect to LDC section 5.05.16. 38-37. Funeral services (7261, except crematories). Renumber remainder of list * * * * * * * * * * * C. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in LDC sections 4.02.02 and 10.08.00. * * * * * * * * * * * 10. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499). 11. Food truck parks with alcohol and/or amplified sound providing outdoor entertainment. subiect to LDC section 5.05.16. 1244. Health services (8071, 8092, and 8099). 1342. Homeless shelters. Renumber remainder of list * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The .i J:\LDC Amen d ments\Advisory Bo ards an d Public Hearings\DSAC\2023\11-01\Materials\Word Vers i o n \PL20220006373 - Food Truck Park and MFDVs (10-18-23).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 outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore, the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 57. Food stores (groups 5411-5499). 58. Food truck parks with no alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 5959. Funeral services (7261, except crematories). Renumber remainder of list C. Conditional uses. The following uses are permissible as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in LDC sections 4.02.02 and 10.08.00. * * * * * * * * * * * 11. Fishing, hunting and trapping (0912-0919). 12. Food truck parks with alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 1342. Fuel dealers (5983-5989) Renumber remainder of list E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction - associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely J:\LDC Amen d ments\Advisory Bo ards an d Public Hearings\DSAC\2023\11-01\Materials\Word Vers i o n \PL20220006373 - Food Truck Park and MFDVs (10-18-23).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. T....4..4 0148th... sigh Rt t8..4 4.4 hR dP1Pte d screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as an accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. * * * * * * * * * * * * * 68. Food stores (groups 5411-5499). 69. Food truck parks with no alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 7069. Funeral services (7261). * * * * * * * * * * * * * C. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in LDC sections 4.02.02 and 10.08.00. 6. Farm product raw materials (5153-5159). 7. Food truck parks with alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 8-7. Fuel dealers (5983-5989) Renumber remainder of list # # # # # # # # # # # # # 2.03.04 — Industrial Zoning Districts A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (1). 7 J:\LDC Amen d ments\Advisory Bo ards an d Public Hearings\DSAC\2023\11-01\Materials\Word Vers i o n \PL20220006373 - Food Truck Park and MFDVs (10-18-23).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 a. Permitted uses. c Text underlined is new text to be added. T....4.;4 0148th...W gh 6 G 61 FFGR hLQ dR1. 49d 18. Food and kindred products (2011-2099, except slaughtering plants). 19. Food truck parks with no alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 2049. Furniture and fixtures (2511-2599). * * * * * * * * * * Conditional uses. The following uses are permitted as conditional uses in the industrial district (1), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * 7. Food and kindred products (2011 and 2048 including slaughtering plants for human and animal consumption). 8. Food truck Darks with alcohol and/or amDlified sound Drovidin outdoor entertainment, subject to LDC section 5.05.16. 9,9. Heliports/Helistops, public and private: For restrictions and conditions see LDC section 5.05.14 Heliports and Helistops. Renumber remainder of list * * * * * * * * * * * B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters officesand business/professional offices which com plem ent each other and provide convenience services for the employees within the district; and to attract businesses that create high value-added jobs. It is intended that the BP district be designed in an attractive park -like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban -industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: * * * * * * * * * * * * * 8 J:\LDC Amen d ments\Advisory Bo ards an d Public Hearings\DSAC\2023\11-01\Materials\Word Vers i o n \PL20220006373 - Food Truck Park and MFDVs (10-18-23).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 T....4..4 0148th.OUgh 06 RttO..44.. hR dP1.#Qd 12. Food manufacturing (2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099). 13. Food truck parks with no alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 144-3. Furniture and fixtures manufacturing (2511-2599). Renumber remainder of list * * * * * * * * * * * * * d. Conditional uses: 1. Ancillary plants. 2. Food truck parks with alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 32. Vehicle racing - applicable to the Immokalee Regional Airport only. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.05 — Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. 1. Any public facilities that lawfully existed prior to the effective date of this Code and that are not zoned for public use district (P) are determined to be conforming with these zoning regulations. 2. Any futureexpansion of these public facilities on lands previously reserved for their use shall be required to meet the regulations in effectforthe zoning district in which the public facility is located. 3. Government -owned properties rented or leased to nongovernmental entities for purposes not related to providing governmental services or support functions to a primary civic or public institutional use shall not be zoned for the public use district (P), but rather, shall be zoned or rezoned according to the use types or the use characteristics which predominate. 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. 9. Libraries. 10. Food truck parks with no alcohol and/or amplified sound providing outdoor entertainment, subject to LDC section 5.05.16. 9 J:\LDC Amen d ments\Advisory Bo ards an d Public Hearings\DSAC\2023\11-01\Materials\Word Vers i o n \PL20220006373 - Food Truck Park and MFDVs (10-18-23).docx DRAFT 1 114-9. Museums 2 3 4 5 6 Text underlined is new text to be added. T....4.;4 0148th...W gh 0 6 G 61 FFGR tO..44.. h...J RI. 49d Renumber remainder of list 7 C. Conditional uses. The following uses are permissible as conditional 8 uses in the public use district (P), subject to the standards and procedures 9 established in LDC section 10.08.00: 10 12 13 9. Mental health and rehabilitative facilities, not for profit. 14 10. Food truck parks with alcohol and/or amplified sound providing 15 outdoor entertainment, subject to LDC section 5.05.16. 16 140. Resource recovery plants. 17 18 Renumber remainder of list 19 20 21 22 # # # # # # 23 24 4.05.04 — Parking Space Requirements 25 26 27 28 G. Spaces required. 29 30 Table 17. Parking Space Requirements. 31 32 33 Flea market 1 per 50 square feet of sales area or 1 per vendor display booth, whichever is greater. Food truck parks 3 per mobile food dispensing vehicle and 1 per 4 outdoor seats. Funeral home/crematories 1 per 75 square feet for room used for services and chapels and 1 per 300 square feet for all other uses. 34 35 36 37 # # # # # # # # # # # # # 38 39 5.05.16 — Mobile Food Dispensing Vehicles and Food Truck Parks 40 41 A. Purpose and intent. The purpose and intent of these regulations are to establish the 42 allowable operation, proper placement, and permitting of mobile food dispensing vehicles 43 (MFDVs) and/or food truck Darks . 10 J:\LDC Amen d ments\Advisory Bo ards an d Public Hearings\DSAC\2023\11-01\Materials\Word Vers i o n \PL20220006373 - Food Truck Park and MFDVs (10-18-23).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 B. Applicability. This section shall be applicable to MFDVs operating as an accessory use or within food truck parks, as applicable. C. Exemptions. MFDVs that are transient in nature and do not stop at a given location for more than four hours (including set up and break down time) are not subject to this section. D. Requirements and standards for all MFDVs. 1. One trash receptacle is required for each MFDV. 2. To reduce the potential impact on abutting residential uses, MFDVs shall not operate a generator within 20 feet of a property developed with a residential use, unless there is at least an intervening 6-foot tall concrete or masonry wall. 3. No MFDV shall be placed upon or operate from any of the following: a. Vacant or unimproved lots with the exception of a food truck park; b. Required yards, open space, preserves, landscape buffers, or within conservation or drainage easements; C. Required parking spaces; d. Public or private road riahts-of-wav or access easements: or e. In such a manner as to block accessways, walkways, driveways, loading zones. or otherwise interfere with vehicular or Dedestrian circulation. E. Requirements and standards for accessory use mobile food dispensing vehicles. 1. Accessory use MFDVsshall operate from within a permanent pad designated area constructed of material in conformance with LDC section 4.05.02 B.1., shown on the site development plan and limited to a maximum of two MFDVs. 2. The principal use shall provide restroom access for the operator and patrons of the MFDVs . 3. Accessory use MFDVs shall only operate during the principal use's hours of operation. F. Design standards for food truck parks. Food truck parks shall be subject to the following additional standards and reauirements: 1. Each MFDV shall operate from within a permanent i9ad designated area constructed of material in conformance with LDC section 4.05.02 B.1., shown on the site development plan. Each MFDV pad shall provide electrical hookup, water and sewer connections, and connection to propane. If a central propane tank is utilized, it shall be buried underground. 11 J:\LDC Amen d ments\Advisory Bo ards an d Public Hearings\DSAC\2023\11-01\Materials\Word Vers i o n \PL20220006373 - Food Truck Park and MFDVs (10-18-23).docx DRAFT Text underlined is new text to be added. 1 2. A maximum of five MFDV pads shall be permitted for each acre of a food truck 2 park. 3 4 3. A minimum of two bicycle parking spaces shall be required for each MFDV pad. 5 6 4. Outdoor lighting fixtures shall be full cutoffs to direct glare and excessive lighting 7 away from adjacent property. Nuisance lighting, such as, flashing or strobing 8 lights, shall be prohibited. 9 10 # # # # # # # # # # # # 11 12 13 14 15 16 12 J:\LDCAmendments\AdvisoryBoardsand Public Hearings\DSAC\2023\11-01\Materials\Word Vers i o n \PL20220006373 - Food Truck Park and MFDVs (10-18-23).docx Exhibit A — Florida Statutory and Florida Administrative Code References The Division of Hotels and Restaurants within the State Department of Business and Professional Regulations (DBPR) is charged with enforcing the applicable laws relating to the inspection and regulation of public food service establishments for the purpose of protecting the public health, safety, and welfare. Food Trucks are regulated by DBPR as "mobilefood dispensing vehicles" (MFDVs). Section 509.102 (1) F.S. defines the term to mean "...any vehicle that is a public food service establishment and that is self- propelled or otherwise moveable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity and liquid waste disposal." Pursuant to Section 509.102 (2) F.S., "Regulation of MFDVs involving licenses, registrations, permits and fees is preempted to the state. A municipality, county, or other local governmental entity may not require a separate license, registration, or permit other than the license required under s.509.241, or require the payment of any license, registration, or permit fee other than the fee required under s. 509.251, as a condition for the operation of a mobile food dispensing vehicle within the entity's jurisdiction. A municipality, county, or other local governmental entity may not prohibit mobile food dispensing vehicles from operation within the entirety of the entity's jurisdiction." As defined by Section 509.013 (5)(a), a " public food service establishment" means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structurewhere food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises: called for or taken out by customers; or prepared prior to being delivered to another location for consumption.". Pursuant to Chapter 61 C-1.022 (5) F.A.C. Licensing and Inspection Requirements, mobile food dispensing vehicles are classified as (a.1) Nonseating public food service establishments as opposed to (b.1) Permanent seating establishments. All MFDVs are required to have vehicle identification numbers and submit this number to the division on the application for license. A "temporary food service event" is defined in Section 509.013 F.S.(8) as "...any event of 30 days or less in duration where food is sold is prepared, served, or sold to the general public." DBPR's guide to temporary food service events states: "A temporaryfood service event is an event (carnival, fair, or other celebration) of 30 days or less in duration where food is prepared, served, or sold to the general public and is advertised and recognized in the community. A temporary food service establishment or vendor is a participant at a temporary food service event." Pursuant to the State of Florida Department of Business and Professional Regulations HR-7031 Division of Hotels and Restaurants, the Application for MFDV License with Plan Review states the following: "A Mobile Food Dispensing Vehicle is a vehicle -mounted public food service establishment. Some are self-propelled and built to travel on streets and others are not self-propelled but can be moved from place to place. MFDVs may even be Watercraft." "Self-sufficientMFD Vs are identified as those units that contain, as part of the vehicle, a three - compartment sink with drain boards for washing, rinsing, and sanitizing equipment and utensils; a separate handwash sink; a solid sliding customer service window; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP gas, or a portable power generation unit; a potable water holding tank; a hot water tank or on demand water heater and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code. Self - Sufficient vehicles must have a location where water can be safely procured and where wastewater can be legally disposed of. This location cannot be a private residence. Mobile food dispensing vehicles are not allowed to obtain water from or dispose of wastewater at a private 13 J:\LDCAmendments\AdvisoryBoardsand Public Hearings\DSAC\2023\11-01\Materials\Word Version \PL20220006373 -Food Truck Park and MFDVs (10-1823).docx Exhibit A — Florida Statutory and Florida Administrative Code References residence, or prepare food; store food products, equipment or utensils; or conduct ware washing or any other activities related to the public food service in a private residence." "Unless Self-sufficient, MFDVs need a support site called a commissary. A commissary is a public food service establishment licensed by the division or a food establishment permitted by the Department of Agriculture and Consumer Services (FDACS) where the MFDV goes for services that are not done on the vehicle." "A commissary is an approved food service establishment or other commercial location where the MFDV goes for services that are not done on the vehicle. A commissary may provide a potable watersource or a wastewater disposal site. TheMFDV's operator may prepare, package or store food at this location and use a three -compartment sink on the premises to wash and sanitize equipment or utensils. Food containers or other supplies may be stored at the commissary." Hot Dog Carts are MFDVs that limit food preparation to frankfurters (hot dogs and precooked sausages) only. Hot dog carts must have, as part of the vehicle, a handwash sink; power utilities including electrical, LP -gas, or a portable power generation unit; a portable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code. A hot dog cart may be an open-air unit with overhead protection or a fully enclosed unit, but may not be equipped with a three -compartment sink." F.A.C. Chapter 5K-4 Food Pursuant to F.A.C. 5K-4.0010 Definitions. (3) "Commissary means a support service location for a Mobile Food Establishment (MFE) that meets all applicable requires of Chapter 500, F.S. and Chapter 5K-4, F.A.C. The Florida Department of Agriculture and Consumer Services (FDACS), Division of Food Safety states: "These approved Food Establishments must be permitted or licensed by Florida Department of Agriculture and Consumer Services, Department of Business and Professional Regulation (DBPR), or the Florida Department of Health (DOH). Locations such as catering operations, restaurants, or grocery stores can be considered for approval as an MFE Commissary. When not required at the MFE, Commissaries may provide a three compartment sink for washing, rinsing, and sanitation of equipment/utensils in addition to hand wash and restroom facilities. Services required of the Commissary will be based on the food sold and the MFE type and capabilities. A private residence may not be used as a Commissary. " (8) "Mobile Food Establishments are Food Establishments that are self-propelled or otherwise moveable from place to place such as a truck, trailer, or similar self-propelled conveyance or non- permanent kiosk or table where pre -packaged food products are sold." Pursuant to F.A.C. 5K-4.0041 Mobile Food Establishments and Commissaries. (1)(d), "Each Mobile Food Establishment shall report to a Commissary each day ofoperation, to store or replenish supplies, clean utensils, and equipment, or dispose of liquid and solid waste, with the exception ofMobile Food Establishments that sell only prepackaged foods and have all necessary support equipment located in the unit." 14 J:\LDCAmendments\AdvisoryBoardsand Public Hearings\DSAC\2023\11-01\Materials\Word Version \PL20220006373 -Food Truck Park and MFDVs (10-1823).docx Exhibit A — Florida Statutory and Florida Administrative Code References Pursuant to F.A.C. 5K-4.020 Food Permits; Required Fees. (1) (r) defines: "Mobile Vendor" as "Persons selling foods other than fresh fruits or vegetables from trucks, trailers or similar self-propelled conveyances." F.A.C. Chapter 64E-11 Food Hygiene Pursuant to F.A.C. 64E-11.002, Definitions. (8) "Commissary - A food service establishment or any other commercial establishment where food, containers, or supplies are stored, prepared, or packaged, or where utensils are sanitized for transit to, and sale or service at, other locations." (22) "Mobile Food Unit - Any food service which is self-propelled or otherwise moveable from place to place and is self-sufficient for utilities, such as gas, water, electricity and liquid waste disposal, whose commissary is a DOH regulated food service establishment." (31) "Temporary food service event - Any event offering food service on the premises of a food service establishment approved by the department. These events are at a fixed location for a temporary period of time not to exceed any combination of 18 days within a calendar year and in conjunction with a single event or celebration." Pursuant to F.A.C. 64E-11.014 Mobile Food Units. (8), "MFUs may temporarily connect to an approved utility system for a time period not to exceed one day's operation, provided the utility system is adequate to meet the needs of the unit, sanitary facilities are available for employees and patrons in accordance with the applicable plumbing authority, and the unit returns to its base commissary in accordance with subsection (5) (5) "Mobile food units must operate from an approved commissary that meets all applicable requirements of this rule. The commissary must be provided with potable water and adequate facilities for disposal of liquid and solid waste. The mobile food unit must report to the commissary to store or replenish supplies, clean the interior of the unit, or dispose of liquid or solid wastes. Mobile food units which are self-sufficient for equipment, storage, and utilities must report to the commissary at least once weekly oral often as needed to replenish supplies, clean the interior of the unit, or dispose of liquid or solid wastes. A letter from the commissary must be submitted as part of the application confirming the arrangements above. A mobile food unit which is self-sufficient includes a three compartment sink for washing, rinsing, and sanitizing of equipment and utensils, a separate handwash sink, adequate refrigeration and storage capacity, full provision of power utilities including electrical, LP gas, or a portable power generation unit, and a liquid waste disposal system, and potable water holding tank in accordance with subsections (1) and (2). Mobile food units which are not self-sufficient must report to their commissary at least once daily. The exterior of the unit may be washed in any location, provided the waste water does not create a sanitary nuisance. 15 J:\LDCAmendments\AdvisoryBoardsand Public Hearings\DSAC\2023\11-01\Materials\Word Version \PL20220006373 -Food Truck Park and MFDVs (10-1823).docx Ali AIA Celebration Park - AIA Exhibit B — Food Truck Park Examples MIDPOINTEATERY- INNOVATION DISTRICT-GAINESVILLE - '-4p- y i 4 F �4t ✓ L� - y ROOFTOP - BONITASPRINGS UNDERCONSTRUCTION: 11,000S.F. OPEN COURTYARD, TWO STORY5,386 S.F. RESTAURANT/BAR, 8- MOBILE FOOD VENDORS, PLAYGROUND, 24OUTDOOR DINNING SEATS. Total .90 +/- Acres. Above photo encompasses .45 acres at Reynolds Street and Old U.S. 41. An additional .45 +/- acres is located offsite at Childers Street and Old U.S. 41 to accommodate 25 out of the 42 required parking spaces. 17 J:\LDCAmendments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version \PL20220006373 -Food Truck Park and MFDVs (10-18-23).docx Exhibit B — Food Truck Park Examples LAKE NONA LAKE- BOX PARK WITH FOOD TRUCKS/12 SHIPPING CONTAINERS, BAR, LIVE ENTERTAINMNET, FOODTRUCKS, KIDS PLAYAREA (30,000S.F) I i PARKING - w I W i oo�� a ru•.vr ■ 1{q■ i IV�1rlMM1Yr m n ' T4 k LAKE NONA LAKE- BOXI PARK WITH FOOD TRUCKS/12 SHIPPING CONTAINERS, BAR, LIVE ENTERTAINMNET, FOODTRUCKS, KIDS PLAYAREA (30,000S.F) 18 J:\LDCAmendments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version \PL20220006373 -Food Truck Park and MFDVs (10-18-23).docx Exhibit 6 — Food Truck Park Examples 90 u omen � E r'ni BOXI PARK LAKE NONA-ORLANDO I VILLAGE GARDEN- ST. AUGUSTINE: On .59Acres, up to 7 Food Trucks, Two Story 1,173 S.F. Building, 111 Floor is Commissary and 3,533 Gallons- Contained Rain Water Harvest System. Approved for 45 outdoor seats. 19 J:\LDCAmendments\AdvisoryBoardsand Public Hearing s\DSAC\2023\11-01\Materials\Word Version \PL20220006373 -Food Truck Park and MFDVs (10-18-23).docx Exhibit B — Food Truck Park Examples VILLAGE GARDEN- ST. AUGUSTINE 20 J:\LDCAmendments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version \PL20220006373 -Food Truck Park and MFDVs (10-18-23).docx Exhibit C — DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application DBPR HR-7006 DIVISION OF HOTELS AND RESTAURANTS MOBILE FOOD DISPENSING VEHICLE PLAN REVIEW APPLICATION Application begins on page 6 Congratulations on your decision to consider a new business venture! As you explore this opportunity, the Department of Business and Professional Regulation's (DBPR) Division of Hotels and Restaurants (H&R) is ready to assist you through the licensing and regulatory process. Our responsibility is to work with the business community to achieve the highest levels of health and safety for all Floridians and lens of millions annual visitors. Toward that goal, we are a resource you can use to see that your new business operates within the requirements of the law. Plan reviewers will assist you in design and inspectors will provide educational support on site to help you meet the minimum requirements for healthy and safe conditions and products. This packet contains information regarding the legal requirements of operating your business. It is very important that you familiarize yourself with this information before you begin operating. If you have questions, or need any clarification, please contact the DBPR Customer Contact Center at 850.487.1395 Monday through Friday or go online to http;//www.myfloridalicense.com/DBPR/hotels-restaurants/. Because our knowledge and authority are in state government requirements, it is very important that you also contact local officials regarding any city and county requirements for a new business. Important note - An Online Account is required to self -print and maintain your license. We encourage you to create your DBPR account now, start here www.myfloridalicense.com/DBPR/hotels-restaurants/. All food and lodging license applications are available online. We wish you the best of luck and success in your venture. GENERAL INSTRUCTIONS A Mobile Food Dispensing Vehicle (MFDV) is a vehicle -mounted public food service establishment. Some MFDVs are self-propelled and built to travel on public streets. Other MFDVs are not self-propelled but can be moved from place to place. MFDVs may even be watercraft. Self-sufficient MFDVs are identified as those units that contain, as part of the vehicle, a three -compartment sink with drainboards for washing, rinsing, and sanitizing equipment and utensils; a separate handwash sink; a solid sliding customer service window; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP gas, or a portable power generation unit; a potable water holding tank; a hot water tank or on demand water heater and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code. Self - Sufficient vehicles must have a location where water can be safely procured and where wastewater can be legally disposed of. This location cannot be a private residence. Mobile food dispensing vehicles are not allowed to obtain water from or dispose of wastewater at a private residence, or prepare food; store food products, equipment or utensils; or conduct warewashing or any other activities related to the public food service in a private residence. Hot Dog Carts are MFDVs that limit food preparation to frankfurters (hot dogs and precooked sausages) only. Hot dog carts must have, as part of the vehicle, a handwash sink; power utilities including electrical, LP -gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code. A hot dog cart may be an open-air unit with overhead protection or a fully -enclosed unit, but may not be equipped with a three -compartment sink. Hot Dog Carts and Florida Trucks need a support site called a commissary. A commissary is a public food service establishment licensed by the division or a food establishment permitted by the Department of Agriculture and Consumer Services where the MFDV goes for services that are not done on the vehicle. A commissary may provide a potable water source or a wastewater disposal site. You may prepare, package or store food at this location or use a three -compartment sink on the premises to wash and sanitize equipment or utensils. Food containers or other supplies may be stored at the commissary. The Division does not allow food service activities, including procurement of water or disposal of wastewater, to occur in a private residence. 2020 December 61C-1.002, FAC Page 1 of 9 21 J:\LDCAmendments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220006373 - Food Truck Park and MFDVs (10-18-23).docx REV. 10/20/2023 Exhibit C— DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application To begin Florida's food service licensing process, the law requires the division to review unit plans for sanitation and safety concerns. Plan review is required when the unit is: • Newly built, • Converted from another use, • Remodeled or • Re -opened after being closed at least 1 year Please use the checklist below to make sure you provide all necessary requirements for plan review. APPLICATION • Online Account — Necessary to self -print and maintain your license. Visit our website www.myfloridalicense.com/DBPR/hotels-restaurants/. • HR-7006 Mobile Food Dispensing Vehicle Plan Review Application (hard -copy submission). For other types of food service, including fixed establishments and caterers, please complete form DBPR HR-7005 Application for Plan Review (this may be found in a separate application packet). Please be sure to complete all items on the application, especially finishes for the Floors, walls and ceiling. License Application — This application is for plan review only and does not include a license. If you want to apply for your food service license at the same time as your plan review, please complete form DBPR HR-7031, Application for Mobile Food Dispensing Vehicle License with Plan Review, or apply online instead of this form. If You are not ready to apply for your license yet, rememberto submit a license application later. We have to receive and process your license application and fee before you can open your business. • If the vehicle is not self-sufficient, you must complete form DBPR HR-7022—Division of Hotels and Restaurants Commissary Notification for all commissaries to be used by this vehicle to store food, dump wastewater, etc. The form is included in this packet and also available on our website: http://www.myfloridalicense.com/DBPR/hotels-restaurants/forms-publications/. We cannot approve the plans without the information on the form. • Equipment specifications, if the proposed equipment is not customary for food service operations. FEES There are no fees for plan review. A license fee and license application will be required prior to licensing. PLANS • Scaled drawings. Label all areas of the vehicle and equipment (e.g., stoves, refrigerators, steam tables, prep tables, barbeque grills, portable fire extinguishers, ventilation hoods, etc.). Label all plumbing fixtures. Plans must include a hand wash sink and a three-compadment sink for dishwashing (if applicable). Indicate size and location of the service opening(s) and how the opening(s) will be protected when not in use. Indicate size (in gallons) of the potable water and wastewater holding tanks. Wastewater holding tanks must be at least 15% larger than the potable water holding tank .Indicate the location ofthe gas supply and/or water heating device, if applicable. For hot dog carts, indicate the type of overhead protection provided (e.g_ umbrella, etc.),Include a side view of the vehicle. • If self-sufficient, please indicate this on your plans. Afterwe approve your plans, we will send you a letter (by email if possible). This letter will give you the address in Tallahassee to send your completed license application and fees (this is a separate application packet). For faster processing, please attach a copy of the plan review letter to the application and fee. We have to receive and process your license application and fee before you can open your business. Afterwe approve your plans, it is important that you construct the vehicle exactly as approved and meet all other local code requirements. When construction is completed, the division must inspect the vehicle to verify that you have constructed the vehicle according to the approved plans and any provisos. The inspection will also confirm that the vehicle complies with code requirements and is ready to operate. You may schedule an inspection by request to our Customer Contact Center at 850.487.1395 when we approve your plans and have processed the license application and fees. When we complete the inspection successfully, the inspector will approve you to operate and give you a temporary license so you can obtain local authorizations and licenses. 2020 December 61C-1.002, FAC Page 2 of 7 22 J:\LDCAmendments\AdvisoryBoardsand Public Heari ngs\DSAC\2023\1 1 -01 \Material s\Wo rd Version\PL20220006373- Food Truck Park and MFDVs (10-18-23).docx Exhibit C— DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application HOW TO DRAW A FLOOR PLAN The completed drawing should be a good representation of exactly how your vehicle looks in real life or how you intend it to look when completed. By following these simple instructions, you will be able to draw an accurate, scaled floor plan yourself. A floor plan is a measured drawing that is an exact miniature representation of your unit as seen from an overhead view and/or side view. The plan must be drawn `to scale", which means that everything must be in the correct proportions. For example, if the unit is 20 feet long and 10 feet wide, then the length would be drawn twice as long as the width on your paper. The same is true for all of the equipment and sinks. Begin by measuring the length and width of your unit with a tape measure as well as the lengths and widths of all equipment, etc. Note: Write down all the measurements taken on a piece of paper for future reference. If your unit does not yet exist, or you have not yet decided upon the exact equipment, your measurements will be estimates. You may use any size graph paper, but the most common (and simple) graph paper is labeled as'% inch grid. Each small square is % inch long. You can find this type of graph paper in office supply stores. To draw your plan "to scale", make each Y. inch square equal to a real life distance. For example, if you decide that 1 foot is equal to a Y. inch square, then a grill two feet long and one foot wide is drawn to cover 2 squares across and 1 square deep. Remember to show all doors and windows. Identify all pieces of equipment with a number and create a list identifying to what each number refers. As an alternative, you may label each item like in the sample to the right. Provide two (2) copies of the floor plans to include the location of all sinks, potable and wastewater tanks, food storage areas, refrigerators, cooking equipment, work surfaces, propane tanks (if applicable), doors, windows and any other equipment present. Wastewater holding tanks must be 15% larger than the potable water holding tank (indicate size in gallons). MOBILE FOOD DISPENSING VEHICLE 1. Potable water lank — 20 gallons 2. Water healer 3. Three -compartment sink wldrainboards 4. Wastewater tank — 25 gallons 5. Handwash sink 6. Waste receptacle 7. Flat top griddle S. Stove 9. Propane tank 10. Generator 11. Work table F. 12. Refrigerator M 13. Service counter 14. Service window 15, Fire extinguisher SIDE VIEW 2020 December 'n 61C-1.002, FAC 23 HOT DOG CART omt-;� sus r;eu.�.�L yaFN Li. Page 3 of 7 J:\LDCAmendments\AdvisoryBoardsand Public Hearing s\DSAC\2023\1 1-01\Materials\Word Version\PL20220006373- Food Truck Park and MFDVs (10-1823).docx Exhibit C— DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application INSTRUCTIONS FOR COMPLETING THE MFDV PLAN REVIEW APPLICATION SECTION 1 —OFFICE USE ONLY This is for division office use only. Please do not complete this section. SECTION 2 — FOOD SERVICE LICENSE TYPE Indicate the type of license that best describes your vehicle. A mobile food dispensing vehicle is an enclosed trailer or vehicle mounted unit that contains equipment and is closed up when not in operation. A hot dog cart is an open-air vehicle that prepares frankfurters only. A theme park food cart must be located in a theme park or entertainment complex. (Required) Self-sufficient: It is important that you answer this question as it relates to the self-sufficiency of your vehicle as defined in this application packet. If you do not answer "Yes", the division will assume your vehicle is not self-sufficient and require the commissary form. (Required) SECTION 3 — PLAN REVIEW TYPE Indicate the type of plan review requested that best describes your unit. When reopening or remodeling an existing vehicle, please provide the name of the previous owner and their license number (if known), this information will help us process your plan review faster. SECTION 4 — OWNER AND MAIN ADDRESS Complete the mailing information as completely as possible. If you submit incomplete information, your plans will be delayed or denied. • Owner Federal Employer Identification Number (FEIN) — businesses are required to have an FEIN before operating in Florida. If you already have this number, please provide it on the application. This will help the division identify your business later in the process. To obtain an FEIN, contact the U. S. Internal Revenue Service at 800.829.4933 for an application. (Optional) • Owner Name — individual person or organization that currently owns the establishment. Also, check the appropriate box indicating whether the owner is legally a corporation, partnership or individual person. For establishments owned or operated by partnerships, corporations or cooperatives, please attach a separate sheet or sheets listing the name, address, and social security number of each person who owns 10% or more of the outstanding stocks or equity interest in the licensed activity. (Required) • Routing Name — if contact name is different than the owner, please indicate in the space provided. (Optional) • Street Address or Past Office Box, City, State, Zip Code, Florida County (if applicable), Country — address of record for purpose of official communications from the department. (Required) • Phone Number — primary contact number for questions or concerns about the application. (Required) • E-Mail Address — primary email contact for communications about your application. SECTION 5 — ESTABLISHMENT LOCATION INFORMATION Complete the establishment information as completely as possible. Incomplete information will result in the application being delayed or denied. • Establishment Name — DBA (Doing Business As) — the proposed name of business. If the mobile unit is part of a chain, please indicate a unique identifier (e.g., Burger King #103). (Required) • Vehicle Identification Number (VIN) — the 17-digit number assigned to the vehicle when built. (Required if the vehicle has a VIN) • Florida Driver License # —the driver license number of the primary operator. (Required) • Florida License Tag # — the license tag number of the vehicle. (Required if present) Street Address, City, Zip Code, and Florida County: For mobile food dispensing vehicles that are not self- sufficient, this should be the commissary address in Florida. For mobile food dispensing vehicles which are self-sufficient, this should be the commercial water/sewer location. (Required) • Phone Number and E-Mail Address — alternate contact information if available. (Optional) 2020 December 61C-1.002, FAC Page 4 of 7 24 J:\LDCAmendments\AdvisoryBoardsand Public Hearings\DSAC\2023\1 1 -01 \Material s\Wo rd Version\PL20220006373- Food Truck Park and MFDVs (10-18-23).docx Exhibit C— DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application SECTION 6 —MAILING INFORMATION This is an optional additional address for mailing if applicable. If this information is the same as Section 3 or Section 4, please indicate. Routing Name — if correspondence should be mailed to a different name than the owner, please indicate in the space provided. (Optional) Street Address or Post Office Box, City, State, Zip Code, Florida County (if applicable), Country — address of record for purpose of official communications from the department. (Required) Phone Number and E-Mail Address — alternate contact information if available. (Optional) SECTION 7 —SUPPORTING DOCUMENTS This section is a checklist of the additional documents that you must provide with the plan review application. (Required) SECTION $ — GENERAL INFORMATION Complete all information as indicated. Approved plans are valid for one (1) year. The division may grant a one-time extension up to an additional six months if requested in writing before expiration of the initial one-year approval. (Required) SECTION 9 —SIGNATURE Please print your name, and then sign and date the application before submitting. (Required) If applying by mail, please submit your application, plans and supporting documents to Department Of Business and Professional Regulation Division of Hotels and Restaurants 2601 Blair Stone Road Tallahassee, Florida 32399-1011 Reminder: An Online Account is required to print and manage your license, visit our website at www.myfloridalicense.com/DBPR. Approval of your plans means that your plans appear to meet the minimum requirements of the Division of Hotels and Restaurants. You must make sure that you meet all other requirements that apply. Plan approval does not guarantee that the division will approve the completed vehicle's structure or equipment. In addition, the division requires a separate LICENSE APPLICATION, payment of LICENSE FEES and an INSPECTION of your vehicle and equipment prior to licensing. See rules 61C-1.002, FAG, and 61C-1.008, FAC, for more licensing information. Be sure to send the completed plan review application, plans and supporting documents. Providing complete information will help us process your plan review faster. NOTE: All units are required to meet the sanitation and safety standards provided by law. • All refrigeration must maintain potentially hazardous foods at 41 °F or colder. You must install thermometers in the warmest part of all refrigeration/freezer units. A probe -type thermometer that is scaled for its intended use is required for employees to check food temperatures. Be sure all thermometers are calibrated and present at the time of the opening inspection. • If you intend to have bare hand contact with ready -to -eat food, you must first have an approved Alternative Operating Procedure (AOP). DBPR Form HR 5022-049, Alternative Operating Procedure (AOP), incorporated by reference in rule 61C-4.010(1), FAC, and available on the division's website, explains the requirements. If you do not have an approved AOP, food employees may not touch ready -to -eat foods with their bare hands. Employees in units without an AOP must use utensils such as deli tissue, spatulas, tongs, single -use gloves or other dispensing equipment. • A self-sufficient Mobile Food Dispensing Vehicle includes: 1. A three compartment sink for dishwashing; 2. A separate handwashing sink; 3. Adequate refrigeration and storage; 4. Full utilities including electrical, LP gas or a portable power generation unit; 5. Potable water holding tank; and 6. A wastewater tank in accordance with subparts 5-3 and 5-4 of the FDA Food Code 2020 December 61C-1.002, FAC Page 5 of 7 25 J:\LDCAmendments\AdvisoryBoardsand Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220006373- Food Truck Park and MFDVs (10-18-23).docx Exhibit C— DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION For Office Use Only Division of Hotels and Restaurants 2601 Blair Stone Road, Tallahassee, Florida 32399-1011 Log Phone: 860.487.1395 -E-mail. dhr.planreview@myfloridalicense.com Number Internet: www.myfloridalice nse.conriPRIhotels-restaurants! File NOTE - Please submit completed application with plans, fees and supporting documents in Section 7. Number Date Received I Month I Dav I Year I Initials Please check the appropriate box and provide information as applicable. ❑ Mobile Food Dispensing Vehicle (2014lMFDV) ❑ Hot Dog Cart (20141HTDG) ❑ Theme Park Food Cart (2012) Is this vehicle self-sufficient? ❑ Yes ❑ No If"No", you are required to provide commissary information for plan approval. Please check the box that best describes your vehicle. Please check only one box. ❑ New ❑ Closed More than 1 Year ❑ Change owner with remodel* ❑ same owner remodel Have you recently become the owner of this vehicle? * ❑ Yes ❑ No If the Division of Hotels and Restaurants licensed this vehicle before, please provide the following information *. Projected Opening Date I * Name of Business Under Previous Owner * License Number OFFICE USE ONLY - TRANSACTION CODES 1030 - Hot Dog Cart 8 Theme Park Food Cart- New or Closed More than 1 Year 3020 -Change of Owner: Hot Dog Cart 8 Theme Park Food Cart 1032 -MFDV - New or Closed More than 1 Year 3021 -Change of Owner: MFDV Note: This address will be designated as the "address of record" for the owner of this establishment. Owner Federal Employer Identification Number (FEIN) -optional Owner Name (please check one: ❑ Corporation ❑ Partnership ❑ Individual) Routing Name (e.g., Management Company, contact name) Street Address or Post Office Box City State Zip Code (+4 optional) Florida County (if applicable) Country Phone Number I E-Mail Address For mobile food dispensing vehicles and hot dog carts, enter the commissary address. For self-sufficient vehicles that do not use Phone Number I E-Mail Address 1 2020 December 61C-1.002, FAC Wk L Page 6 of 7 26 J:\LDCAmendments\AdvisoryBoardsand Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220006373- Food Truck Park and MFDVs (10-18-23).docx Exhibit C— DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application Note: This address will be used by the department for all mailings. Complete below or check here if: Same as Section 4 — Owner and Main Address ❑ Same as Section 5 — Establishment Location ❑ Routing Name (e.g., Management Company, contact name) Street Address or Post Office Box City I State I Zip Code (+4 optional) Florida County (if applicable) Country Phone Number I E-Mail Address Attach the following documents: • Scaled plan, for both new and remodeled, showing all kitchen equipment, plumbing fixtures, bars, storage areas, etc. You may submit as many sets of plans that you need stamped for local authorities. • For Hot Dog Carts and vehicles that are not self-sufficient: include DBPR HR-7022—Division of Hotels and Restaurants Commissary Notification for all commissaries to be used by this vehicle. We cannot approve the plans without the information on this form. Menu Information (list all foods that will be served from your vehicle) Water Tanks: The wastewater tank must be at least 15% larger than the fresh water tank. Water tanks must be a part of the vehicle. Water Tank Size (gallons) and Location Water Heating Device Size (gallons) and Location Wastewater Tank Size (gallons) and Location Vehicle Interior Finishes (for enclosed units only - for example: FRP, vinyl, paf nted metal, etc.) signature on this written declaration has the same legal effect as an oath or affirmation. Under penalties of perjury, I declare that I have read the foregoing application and the facts stated in it are true. I understand that falsification of any material information on this application may result in criminal penalty or administrative action, including a fine, suspension or revocation of the license. I understand that if I failed to complete the application or submit the required supporting documents, my plan review will be delayed. Print Name I Signature I Date Approval of your plans means that your plans appear to meet the minimum requirements of the Division of Hotels and Restaurants. You must make sure that you meet all other requirements that may also apply. A separate LICENSE APPLICATION, payment of LICENSE FEES and an INSPECTION of your vehicle and equipment is required priorto licensing. 2020 December 61C-4.0161, FAC Page 7 of 7 27 J:\LDCAmendments\AdvisoryBoardsand Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220006373- Food Truck Park and MFDVs (10-18-23).docx Exhibit C— DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application DBPR HR-7022—Division of Hotels and Restaurants Commissary Notification DBPR HR-7022 DIVISION OF HOTELS AND RESTAURANTS COMMISSARY NOTIFICATION Form begins on next page GENERAL INSTRUCTIONS A Mobile Food Dispensing Vehicle )MFDV) is a vehicle -mounted public food service establishment. Some MFDVs are self-propelled and built to travel on public streets. Other MFDVs are not self-propelled but can be moved from place to place. Other MFDVs may even be watercrafts. Commissary: Some MFDVs require a support site called a commissary. A commissary is an approved food service establishment or other commercial location where the MFDV goes for services that are not done on the vehicle. A commissary may provide a potable water source or a wastewater disposal site. You may prepare, package or store food at this location or use a three -compartment sink to wash and sanitize equipment or utensils. Food containers or other supplies may be stored at the commissary. All Hot Dog Carts and Florida Trucks require a commissary to operate. Food service activities, including procurement or water or disposal of wastewater, cannot occur in a private residence. Self-sufficient: If your MFDV contains all the following equipment, it is considered to be self-sufficient and is exempt from commissary requirements. ► Three -compartment sink ► Adequate dry storage ► Potable water holding tank ► Separate handwash sink ► Power (LP -gas, generator, etc.) ► Wastewater holding tank ► Adequate refrigeration ► Hot Water Heater Commissary Reporting Frequency: If your vehicle is not fully equipped as listed above, then your MFDV must report to its commissary every day that it is operated. Responsibility of Public Food Service Establishment Commissaries & MFDV Operators: Any public food service operator who provides commissary services for an MFDV must keep track of when vehicles are serviced. A daily registry must show that the Division of Hotels and Restaurants properly licenses all vehicles receiving services. To help food service operators know that a vehicle is properly licensed, each MFDV operator must put their license number on the side of the vehicle. The license number must be permanently attached and prominent. The figures must be at least 2 inches high and in a contrasting color from the background. Prior to providing commissary services, the public food service establishment who provides these services must verify that the license number displayed on the vehicle matches the number on the vehicle operator's public food service establishment license. INSTRUCTIONS FOR COMPLETING THE COMMISSARY NOTIFICATION FORM SECTION 1 — Mobile Food Dispensing Vehicle Information ► Owner Name — corporation, partnership or individual that currently owns the vehicle. ► Phone Number — primary contact number for questions about the plan review. ► Vehicle Name — DBA (Doing Business As) — the proposed name of business. If the unit is part of a chain, please indicate a unique identifier (e.g., Burger King #103, Bill's Mobile BBQ #2). / License Number — if previously licensed, indicate the license number of the vehicle. SECTION 2 —Commissary Information Complete all information as indicated for the primary commissary for this vehicle. The primary commissary is the support site where food preparation, food storage or dishwashing occurs SECTION 3 — Commissary Activities Describe the activities to be conducted at your commissary. SECTION 4 —Signature Please print your name and then sign and date the form before submitting. This form replaces DBPR Form HR 5021-019 Page 2 of 2 28 J:\LDCAmendments\AdvisoryBoardsand Public Heari ngs\DSAC\2023\1 1 -01 \Material s\Wo rd Version\PL20220006373- Food Truck Park and MFDVs (10-18-23).docx Exhibit C— DBPR HR-7006 — Division of Hotels and Restaurants Mobile Food Dispensing Vehicle Plan Review Application DBPR HR-7022-Division of Hotels and Restaurants Commissary Notification STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION For Office Use Only Division of Hotels and Restaurants 2601 Blairstone Road, Tallahassee, Florida 32399-1011 Log Phone: 850.487.1395 - E-mail: dhr.planreview@myfloridalicense.com Number Internet: www.myfloridalicense.com/DBPR/hotels-restaurants/ File Number NOTE - This form must be submitted as part of an application packet. Section 1- Owner Name Mobile Phone Number (include area code) Vehicle Name (DBA) Commissary Name Commissary Address License Number City Zip Code (+4 optional) County Phone Number (include area code) I intend to conduct the following activities at my commissary: Dish or equipment washing ❑ Yes ❑ No I Storing food (including ice or drinks) ❑ Yes ❑ Dumping wastewater ❑ Yes ❑ No Storing dry goods ❑ Yes L l Receiving potable water ❑ Yes ❑ No Cooking and/or reheating food ❑ Yes ❑ Washing the outside of the vehicle ❑ Yes ❑ No I Other (Describe below) ❑ Yes ❑ certify that I am empowered to execute this application as required by Section 559.79, Florida Statutes. I understand that my signature on this written declaration has the same legal effect as an oath or affirmation. Under penalties of perjury, I declare that I have read the foregoing application and the facts stated in it are true. I understand that falsification of any material information on this application may result in criminal penalty or administrative action, including a fine, suspension or revocation of the license. I understand that failure to complete the application or submit required documentation will delay processing or approval of plans and licensure- Print Name Sianature Date For additional commissaries submit a new form, use as many as needed. This form replaces DBPR Form HR 5021-019 29 Page 2 of 2 J:\LDCAmendments\AdvisoryBoardsand Public Hearings\DSAC\2023\1 1 -01 \Material s\Wo rd Version\PL20220006373- Food Truck Park and MFDVs (10-18-23).docx y / 15 NW5779 ram. 1 i Y A Jul AWAMO �L Tj ti. �f r y ► Y i M J 6 tanks grouped togetki6bt 25ft apart. Not secured J,E T Exhibit D— Code Violation Photos Shell Gas Station at 7392 Radio Road -Multiple Trucks Without Permits 31 J:\LDCAmendments\AdvisoryBoardsand Public Hearing s\DSAC\2023\11-01\Materials\Word Version \PL20220006373 -Food Truck Park and MFDVs (10-18-23).docx W +I ri i t , ei W-17 To' e rmit for outdoor seating, tables, chairs, or mobile food trucks. �� r } � R ""� �•� :. ��� of °q sa7 AE '"t u .q Exhibit E- Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures R. Mobile Food Dispensing Vehicles (MFDVs) and Food Truck Park (FTP) Reference LDC subsections 5.05.16 and F.S. § 509.013, 509.101, 509.102 and 509.241. Applicability Mobile food dispensing vehicles are a public food service establishment and maintain a license with the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants. This procedure applies to a request for temporary or permanent placement or accessory use of mobile food dispensing vehicles (MFDVs). The Zoning or Development Review Division may approve the placement of one or more MFDVs for the following activities: a. Temporary use location for more than four hours at one location and without overnight parking or permanent location of two or less MFDVs. The applicant files a "Site Development Plan (SDP), Site Improvement Plan (SIP) or Insubstantial Change to a SDP or SIP" application with the Development Review Division. b. Temporary events. The applicant files a "Temporary Use Permit (TUP)" application. c. Mobile food truck park that requires conditional use approval by the Board. The applicant files an "Application for Public Hearina for: Conditional Use" with the Zoning Division. Pre -Application For a SDPI or SIPI, a pre -application is not required, but the applicant must obtain pre -submittal Initiation authorization from the Development Review Division. A pre -application meeting is required for SDP, SDPA, or SIP and Conditional Use applications. The applicant files either an application for public hearing for conditional use or an application for either SDP, SIP, SDPI, or SIPI approval, or application for temporary use permit for the type of event. ,!*See Chapter 1 D. for additional information regarding the procedural steps forinitiatina an application. Application The application contents are based upon the specific type of application: Contents pSee Chapter 3 C. for Conditional Use application contents submittal. glee Chapter 4 1.2 for SDP application contents submittal. G*See Chapter 4 1.3 for SIP application contents submittal. gSee Chaoter 4 1.5 for SDPI or SIPI application contents submittal. In addition to the application contents for the SDP, SIP, SDPI, or SIPI plan, the followina information shall be provided on the plan: a. Whether the MFDV is self-sufficient or not and ooeratine in coniunction with a permitted Food Establishment or on an institutional property or use of a commissary that is licensed by the Florida Department of Agriculture and Consumer Services (FDACS)-Division of Food Safety, Florida Department of Business and Professional (DBPR)-Division of Hotels and Restaurants or Florida Department of Health (DOH). b. When applicable, a notarized commissary letter of agreement confirming the mobile 33 J:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220006373- Food Truck Park and MFDVs (10-18-23).docx Exhibit E- Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures food dispensing vehicle is operating in conjunction with a Florida licensed commissary and the commissary's location and address. For self-sufficient vehicles that do not use a commissary, provide the water/sewer location and address. c. Desired mobile vending days/hours of operation, and the MFDV's location. d. Surrounding business(es) days/hours of operation when located at a specific site for more than four hours and if utilizing parking spaces, demonstration that the parking space(s) is not used during the time and/or days the MFDV's location is permitted. e. The distance from property boundary line and any other on -site MFDV. f. The number of MFDVs and location of parking and bicycle spaces. g. Location of onsite public restrooms, waste receptacle, and applicable temporary emergency generator. h. If proposed, the number of outdoor seats and tables. i. A notarized affidavit by the property owner indicating the mobile food dispensing vehicle has permission to operate on the site and documentation that employees of the operation have access to a restroom. i. The current contact information including name, address, phone numbers (business and cell), email and any other information reasonably reauired by the County Manager or his/her designee for a designated "on -call person" to be a principal point of contact for County staff and the individual mobile food dispensing vehicle. k. An updated certificate of inspection from Collier County's Department of Health and Florida Department of Business and Professional Regulations, Division of Hotels and Restaurants. I. Proof of valid insurance, business tax receipt (BTR), MFDV's vehicle registration and food service license or permit. m. Fire District's Life Safety Division and Collier County's Department of Health Inspection Report. When applicable, a Letter of Agreement with an approved grease disposal facility. n. If a watercraft mobile food boat is proposed, the location of the MFDV and where it may be launched, docked, or stored. o. For a temporary food service event (TFSE), an approved application which serves as the basis for licensure from the Florida Department of Health, Florida's Public Food Establishments, Business and Professional Regulations, Division of Hotels and Restaurants. P. For a MFTP with alcohol sales or amplified sound providing entertainment, the conditional use at a specific location shall run with the property itself and not the 34 J:\LDCAmendments\AdvisoryBoardsand Public Hearing s\DSAC\2023\11-01\Materials\Word Version \PL20220006373 -Food Truck Park and MFDVs (10-18-23).docx Exhibit E- Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures MFDV. If a permanent MFDV moves to a different location, another conditional use must be approved for the new location by the new property owner. Completeness gSee Chapter 1 D.5 for acceptance and processing of an application. and Processing of Application Notice Notice is reauired for conditional use approval, otherwise none. Public Hearing Public hearing is required for conditional use approval, otherwise none. Decision Maker For an application that does not require a public hearing, the County Manager or designee, otherwise the BCC or Hearing Examiner. Review Process For the SDP or SIP application, the Development Review Division will review the application for compliance with LDC section 10.02.03. and whether additional materials are reauired. For the Conditional Use application, the Zoning Division will review the application, identify whether additional materials are needed, and prepare a Staff Report or Executive Summary to present to the Decision Maker. The Operations and Regulatory Management Division will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in LDC section 5.05.16. Digital Submittal G*See Chapters 4.1.2 and 4.1. Digital Requirements for a SDP or SIP, otherwise none. Requirements Recording <*See Chapter 3.C.1 Recording of Developer Commitments for Conditional Use. For all other applications not requiring a public hearing, none. Updated Resolution f2023-XXI 35 J:\LDC Amend ments\Advisory Boards and Public Hearings\DSAC\2023\11-01\Materials\Word Version\PL20220006373- Food Truck Park and MFDVs (10-18-23).docx Co ier Comnty Growth Management Community Development Department Zoning Division LAND DEVELOPMENT CODE AMENDMENT PETITION PL20230013966 ORIGIN Board of County Commissioners (Board) SUMMARY OF AMENDMENT This amendment introduces comprehensive updates to the current provisions in the Land Development Code (LDC) related to communication towers. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). HEARING DATES LDC SECTION TO BE AMENDED Board TBD 1.08.02 Definitions CCPC TBD 2.01.03 Essential Services DSAC 11/01/2023 2.03.01 Agricultural Districts DSAC-LDR 10/17/2023 2.03.02 Residential Zoning Districts 2.03.03 Commercial Zoning Districts 2.03.04 Industrial Zoning Districts 2.03.05 Civic and Institutional Zoning Districts 2.03.06 Planned Unit Development Districts 2.03.07 Overlay Zoning Districts 2.03.08 Rural Fringe Zoning Districts 2.03.09 Open Space Zoning Districts 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 4.06.05 General Landscaping Requirements 4.08.06 SSA Designation 5.05.09 Communications Towers ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC Approval with recommendations TBD TBD 1 G:\LDC AMENDMENTSWDVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24-2023).DOCX Co ier c;0-unty Growth Management Community Development Department Zoning Division BACKGROUND On October 14, 1992, the Board adopted Ordinance No. 92-73 which included the first regulations for communications towers in the County. On January 24, 2023, the Board directed staff to develop Amendments to the current LDC regulations for Communication Towers to promote a stronger wireless communication network throughout the County. Staff reviewed current statewide best practices, engaged with industry experts, and determined that the current provisions in the LDC for Communication Towers are outdated with modern day industry practices. Wireless communication facilities are considered essential services. This LDC amendment modernizes the language and simplifies the application and review processes in an effort to allow for a stronger wireless communication network throughout the County. Substantive changes include but are not limited to the following: renaming "communication towers" to "wireless communication facilities" to include facilities that are not towers; providing definitions and establishing regulations for the various wireless communication facility types; updating permitted use and conditional use lists for Zoning Districts to allow for new wireless communication facilities; removal of shared tower requirements to instead encourage co -location by allowing increased heights; and reorganizing the section to allow for easier interpretation of the regulations. Corresponding cross-references are also added to various LDC sections to maintain consistency. DSAC-LDR Subcommittee Recommendation: On October 17, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC amendment, contingent upon the following; 1. Remove Footnote 2 from "50% of tower height" in Table 3 due to it being a scrivener's error (page 37, line 14). 2. Modify LDC section 5.05.09 F.2.g.iii., to include a three -foot -high continuous hedge requirement in addition to the existing landscaping and screening requirements (page 38, line 36). 3. Modify the wording of LDC section 5.05.09 F.3.c., to begin the sentence with "Rooftop mounted" to clarify the intent of the regulation (page 39, line 35). FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts to the County associated with this amendment. The amendment may have fiscal impacts on property owners who will now be eligible to apply for approval of a wireless communication facility. EXHIBITS: A) Public Email GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. 2 G:\LDC AMENDMENTSWDVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\1 1 -0 1 \MATE RIALS\PL20230013966 - WCF LDCA (10-24-2023).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 cdrikedhreu gh is GUrFeRt devil to he deleted. Wireless communication facilities: See all related definitions in LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.01.03 - Essential Services * * * * * * * * * * * * * A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: * * * * * * * * * * * * * PFE)VidiRg �e iiFele GG eMeFgeRGY ep � h�c�iGe W all app'inahlo SUbjent ' I-�rr)VOSOOR in se GtiGR F 05 09 of this Code. of tii s 54. Electrical transmission and distribution lines, substations, and emergency power structures; -Remainder of list to be renumbered accordingly- 98. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to subsection 2.03.09 13.1.a.viii. * * * * * * * * * * * * * 3 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted H. Wireless communication facilities, limited to those providing wireless emergency telephone service, are considered an essential service and shall be permitted and subject to all applicable provisions in LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.01 - Agricultural Districts. A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. * * * * * * * * * * * 7. Family care facilities, subject to section 5.05.04. 8. 1 llMM RiGatiORS towers up to speGifie d height Wlrele SS communication facilities, subject to section 5.05.09. 9. Essential services, as set forth in section 2.01.03. C. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. 12. Collection and transfer sites for resource recovery. 4 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text ctr'Lethrn gh is rurrent text to he deleted 143. Social and fraternal organizations. -Remainder of list to be renumbered accordingly- 287. Ancillary plants. * * * * * * * * * * * * * B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). * * * * * * * * * * * * * C. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * * * * * * * 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply. 12. GernmuniGation towers ers Up tO cpeGifred heights Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 5 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted 2.03.02 Residential Zoning Districts A. Residential Single -Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single- family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). C. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00. 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 12. Wireless communication facilities, subject to LDC section 5.05.09. B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi- family-6 district (RMF-6) is to provide for single-family, two-family and multi -family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or 6 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted convenient access to collector and arterial roads on the county major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-6 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF-6 district. C. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in LDC section 10.08.00. 10. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 11. Wireless communication facilities, subject to LDC section 5.05.09. C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential multi -family 12 district (RMF-12) is to provide lands for multiple -family residences having a mid -rise profile, generally surrounded by lower structures and open space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multi -family residences are permitted as conditional uses as long as they preserve and are compatible with the mid - rise multiple -family character of the district. The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-12 district (RMF-12). 7 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted a. Permitted uses. 6. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03 7. Wireless communication facilities. subiect to LDC section 5.05.09. D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple - family residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple -family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multi -family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-16 district (RMF-16). a. Permitted uses. 4. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 5. Wireless communication facilities, subject to LDC section 5.05.09. E. Residential Tourist District (RT). The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district 8 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted and the activity center district in the urban designated area on the future land use map of the Collier County GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). a. Permitted uses. 5. Townhouses subject to section 5.05.07. 6. Wireless communication facilities. subiect to LDC section 5.05.09. F. Village Residential District (VR). The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the village residential district (VR). a. Permitted uses. 6. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 7. Wireless communication facilities, subject to LDC section 5.05.09. G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide land for mobile homes and modular built homes, as defined in this Land Development Code, that are consistent and compatible with surrounding land uses. The MH District corresponds to and implements the urban mixed -use land use designation on 9 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted the future land -use map of the Collier County GMP. The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the mobile home district (MH). a. Permitted uses. 5. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 6. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter -jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. 10 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted a. Permitted uses. 40. Travel agencies (4724, no other transportation services). 41. Wireless communication facilities. subiect to LDC section 5.05.09. 442. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the Iocational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 11 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted 73. Wireless communication facilities, subject to section 5.05.09. 7-4. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. -Remainder of list to be renumbered accordingly- 756. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 93. Wireless communication facilities, subject to section 5.05.09. 12 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 Text str'Lethrn nh is current text to he deleted 964. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 945. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 956. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 967. Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 97-8. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are 13 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 Text underlined is new text to be added. Text cdrikedhreu gh is GUrFeRt devil to he rdeleted permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. * * * * * * * * * * * * * 27. Cable and other pay television services (4841) �g GE)M T „iGa+�s +Hers-uP tE) Spesmed height- surest tO See+� 5.05.09. * * * * * * * * * * * * * 130. Telegraph and other message communications (4822) iRGlUdiRg n Ga+�TE; +per n cn�ed height, s bj + +E) Se �rrt�1-aF' �rc�gnr, �a�e6r-c�vcc 55.-05..09. 131. Telephone communications (4812 and 4813) " GOMmu iGa+tiens towers errs irk to spc ified height, subjeGrtE) seGtien * * * * * * * * * * * * * 140. Wireless communication facilities, subject to LDC section 5.05.09. 1401. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1442. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 1423. Any other general commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 14 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text cdrikedhreu gh is GUrFeRt devil to he deleted. 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01.). -98. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers -retail). -Remainder of list to be renumbered accordingly- 254. Veterinary services (0741 and 0742, with outside kenneling). * * * * * * * * * * * * * E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a Permitted uses. 32. Cable and other pay television services (4841) Erna+�6teweFs—up to speGifFed height, subject tG seGtienr 5.05:Q9. * * * * * * * * * * * * * 15 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 Text underlined is new text to be added. Text str'Lethrn nh is Gurrono text to he deleted 166. Telegraph and other message communications (4822) ORG'udiRg riGa+� WeFS up to specified height, subje +^ LDG section 5.0570.0. 167. Telephone communications (4812 and 4813) in nl, GeMMURriGa+�stE)Wers up to specified height, subjeGttE) [=DG se Gtirin 5.0570.0. * * * * * * * * Yc Yc * Yr Yr 180. Welding repair (7692). 181. Wireless communication facilities, subject to LDC section 5.05.09. 1842. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1823. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 1834. Any other heavy commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * C. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 5. Communications (4812-4841) with wireless communications tewefs-facilities that exceed specified height, subject to LDC section 5.05.09. * * * * * * * * * * * * * F. Travel Trailer -Recreational Vehicle Campground District (TTRVC). * * * * * * * * * * * * * 16 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted 2. The following uses are permissible by right, or as accessory or conditional uses within the travel trailer -recreational vehicle campground district (TTRVC). a. Permitted uses. 1. Travel trailers, park model travel trailers, pickup coaches, motor homes and other recreational vehicles. 2. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.04 Industrial Zoning Districts A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (1). a. Permitted uses. 9. Communications (4812-4899 in^I, 1diRg GGIMM RiGatiORS tewers 56. Wholesale trade —nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192-5199). 57. Wireless communication facilities, subject to LDC section 5.05.09. 578. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non- conforming uses in accordance with the LDC, provided however 17 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn gh is current text to he deleted that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre -disaster condition. * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the industrial district (1), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 4. Communications (groups 4812-4899 including wireless communications tg��s—facilities that exceed specified heights subject to all requirements of LDC section 5.05.09.). * * * * * * * * * * * * * B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park -like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban -industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: * * * * * * * * * * * * * 4. Communications (4812-4899 including wireless communications towers facilities, limited in height to 100 foot and subject to LDC section 5.05.09.). * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.05 - Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that 18 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. * * * * * * * * * * * * * 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. * * * * * * * * * * * * * 54. Education facilities. 65. Educational plants. 7-6. Essential public service facilities. 87. Fairgrounds. 98. Libraries. 409. Museums. 4410. Park and recreational service facilities. 4-211. Parking facilities. 4-312. Safety service facilities. 4-413. Wireless communication facilities, subject to LDC section 5.05.09. 14. Any other public structures and uses which are comparable in nature with the list of permitted uses, and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. * * * * * * * * * * * * * B. Community Facility District (CF). The purpose and intent of (CF) district is to implement the GMP by permitting nonresidential land uses as generally identified in the urban designation of the future land use element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water -related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended to insure compatibility with existing or future nearby residential development. The CF district is limited to properties within the urban mixed use land use designation as identified on the future land use map. 19 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023). DOCX DRAFT Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted 1 2 1. The following uses are permitted as of right, or as accessory or conditional uses, 3 in the community facility district (CF). 4 5 a. Permitted uses. 6 7 8 9 9. Educational services (groups 8211-8231). 10 11 10. Wireless communication facilities, subject to LDC section 5.05.09. 12 13 14 # # # # # # # # # # # # # 15 16 2.03.06 Planned Unit Development Districts 17 18 19 20 D. The following are permissible uses in the Research and Technology Park PUD: 21 Identified Use Special Notes RTPPUD Or Regulation Accessory uses and structures 4.07.02 and P 5.03.00 22 23 Communication groups 4812-4841 T Communication towers and other Wireless 5.05.09 Communication Facilities: 75 feet or less in height P More than 75 feet in height CU Computer and data processing services, Computer T related services, not elsewhere classified 24 25 26 # # # # # # # # # # # # # 27 28 2.03.07 Overlay Zoning Districts 29 30 31 32 F. Golden Gate Parkway Overlay District (GGPOD). 33 34 35 20 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted 6. Prohibited uses. These uses are prohibited, except that uses existing as of March 16, 2021 may continue to operate as a permitted use until the use ceases for a period of one year. This section does not apply to the uses allowed in the underlying zoning district. a. Prohibited uses in the GGPOD-AC and GGPOD-DT. xi. GOITIM RiGatiOR towers Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps below. * * * * * * * * * * * * * 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. a. Permitted uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this Subdistrict, and the following uses may be permitted as of right in this Subdistrict: Hotel and motels (7011) 2. GemmunRea+ORtewers Wireless communication facilities, as defined in LDC section 5.05.09, subject to the following: Such tower is an essential service use as defined by subsection 2.01.03 A.4; and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. b. Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this Subdistrict, and the following uses are permitted as of right in this Subdistrict: 21 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted 1. All uses allowed in the Commercial Professional District (C-1), of this Code, except for group 7521. 2. CommIdRiGatiORRtowers Wireless communication facilities, as defined in LDC section 5.05.09 subject to the following: i. Such tower is an essential service use as defined by subsection 2.01.03 A.4; and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. C. Prohibited uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, and the following uses, shall be prohibited on properties with frontage on Main Street in between First Street and Ninth Street in the Main Street Overlay Subdistrict: * * * * * * * * * * * * * 10. GemrnldRiGatieR tewers Wireless communication facilities, as defined in LDC section 5.05.09 of this Code, except as otherwise permitted in this Subdistrict. * * * * * * * * * * * * * d. Accessory uses. * * * * * * * * * * * * * 2. GemmunRea+�wers Wireless communication facilities, as defined in LDC section 5.05.09 subject to the following: i. Such tower is an essential service use as defined by subsection 2.01.03 AA.; and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. e. Conditional uses. 1. Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in LDC section 10.08.00 and as set forth below: i. Local and suburban passenger transportation (4131, 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. 22 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023). DOCX DRAFT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I, 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted GGITIMURiGatwen towers Wireless communication facilities, as defined in LDC section 5.05.09 of this Code for essential service uses as defined by subsection 2.01.03 A.4 that exceed a height of 75 feet above grade including any antennas attached thereto. The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict: i. GeITIMURReatien towers Wireless communication facilities, as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * 4. Bayshore Zoning Overlay District (BZO) Subdistricts. * * * * * * * * * * * * b. Use Categories and Table of Uses. * * * * * * * * * * * * iii. Table of Uses. Table 1. Table of Uses for the BZO Subdistricts USE TYPE BZO SUBDISTRICTS ADDITIONAL RESIDENTIAL MIXED STANDARDS USE R1 R2 R3 I R4 NC JW h INFRASTRUCTURE 1) Automobile Parking Facilities CU 2 Boat Launch A 3 Essential Services P P P P P P 4) Marinas and Boatyards P P 4.02.16 C.7. 23 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023). DOCX DRAFT 5 Transit Station 6) Wireless Telee Communication Facilit ies Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted 2 3 4 N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 5 conditions for the properties in and adjacent to the Gateway Triangle as identified by the 6 designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 7 series. 8 9 10 11 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 12 13 14 15 b. Use Categories and Table of Uses. 16 17 18 19 iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts 20 21 22 23 USE TYPE tRESOIDENTIAL SUBDISTRICTS ADDITIONAL MIXED STANDARDS USE h INFRASTRUCTURE 1 Automobile Parking Facilities P 2) Boat Launch 3 Essential Services P P 4 Marinas P 5 Transit Station CU 6) Wireless TelesCommunication Facilit ies CU 24 25 26 # # # # # # # # # # # # # 27 28 2.03.08 - Rural Fringe Zoning Districts 29 30 A. Rural Fringe Mixed -Use District (RFMU District). 31 32 33 24 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more specifically provided in an applicable PUD. a. Outside rural villages. * * * * * * * * * * * * * (3) Allowable Uses. * * * * * * * * * * * * * (c) Conditional uses. The following uses are permissible as conditional uses subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * ix. In RFMU receiving lands other than those within the NBMO, earth mining and extraction. X. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * b. Rural villages. Rural villages, including rural villages within the NBMO, may be approved within the boundaries of RFMU receiving lands, subject to the following: (1) Allowable Uses: (b) CONDITIONAL USES 1 through 5,-and 7, and 10 identified in section 2.03.08A.2.a.(3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD. 25 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted * * * * * * * * * * * * * 3. Neutral lands. Neutral lands have been identified for limited semi -rural residential development. Available data indicates that neutral lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as RFMU receiving lands, but these values do not approach those of RFMU sending lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within neutral lands, the following standards shall apply: a. Allowable uses. The following uses are permitted as of right: (3) Conditional uses. The following uses are permissible as conditional uses subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * (k) Earth mining and extraction and related processing. (1) Wireless communication facilities, subject to LDC section * * * * * * * * * * * * * 4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in LDC section 2.03.07 DA.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: a. Allowable uses where TDR credits have not been severed. * * * * * * * * * * * * * (3) Conditional uses. * * * * * * * * * * * * * (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the 26 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted commercial use functions as an accessory, subordinate use. (e) Wireless communication facilities, subject to LDC section 5.05.09. Allowable uses where TDR credits have been severed. (2) Conditional uses: (b) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non -environmental site development plan review procedures. Directional -drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. (c) Wireless communication facilities, subject to LDC section 5.05.09_ (sd) Conditional use approval criteria: In addition to the criteria set forth in section 10.08.00 of this Code, the following 27 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 additional criteria shall apply to the approval of conditional uses within RFMU sending lands: * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.09 - Open Space Zoning Districts * * * * * * * * * * * * * B. Conservation District "CON". The purpose and intent of the conservation district "CON" is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON district must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON District includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier -Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to require review of all development proposed within the CON District to ensure that the inherent value of the County's natural resources is not destroyed or unacceptably altered. The CON District corresponds to and implements the conservation land use designation on the future land use map of the Collier County GMP. * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the CON, subject to the standards and procedures established in LDC section 10.08.00 and further subject to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. * * * * * * * * * * * * * 4. Staff housing in conjunction with safety service facilities and essential services. 5. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * # # # # # # # # # # # # # 28 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * * D. Exemptions and exclusions from design standards. 1. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts do not apply to infrastructure in support of the building, such as mechanical penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, cupolas, flagpoles, antennas, GOMM RiGatiORS t,,WerS wireless communication facilities, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances placed above the roof level and not intended for human occupancy or for commercial purposes as provided below: * * * * * * * * * * * * * # # # # # # # # # # # # # 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts * * * * * * * * * * * * * H. Exceptions from public hearing requirements. The County Manager or designee may administratively approve a site alteration plan or site development plan for land designated ST or ACSC-ST without the public hearing otherwise required by this section if: * * * * * * * * * * * * * 4. Site alteration or site development around existing P`lIFnrRI Rira+iC)n to sore wireless communication facilities to expand or construct accessory structures associated with an already existing tower facility, not to exceed five acres. * * * * * * * * * * * * * # # # # # # # # # # # # # 4.06.05 - General Landscaping Requirements * * * * * * * * * * * * * B. Landscaping requirements for industrial and commercial development. For projects subject to architectural design standards, see LDC section 5.05.08 F. for related provisions. * * * * * * * * * * * * * 2. Wireless Gcommunication tewersfacilities. See LDC section 5.05.09 for landscape requirements that are specific to wireless communication facilities. AR 8-feet hi^" 29 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023). DOCX DRAFT Text underlined is new text to be added. Text otrikethra, igh is GUrFent teed to he deleted 8 +� 9 ja If Ru vegetat�.s iepre eitit--wit the paFGeIll a minimum20 feet 10 wide buffer strop must be presep,�ed and used toward meetiRg the tree and 11 hedge planting requirement. 12 13 14 of t�ree-a ;d-hedge Feq, ,ir tS, it mustbe salnnl ne<, with plug? 15 to moot the tree and hedge requirements. 16 17 G. ORcites Where po native Vegetatiep io precept a 15 feet wide Iapdcnape �C o 18 buffer with minima rn Gede sizee--tcrees IGGated 25 feet on Center and a 3 font 19 high hedge planter! 3 feet on renter Must he planter! 20 21 22 bufferiR its maybe d+splaeed to a right of_wa„ landSGape 23 bufe; ,�IQGBTed .1i�r parcel Whey it better cues the publin iRteFeSt of 24 cnreepipg the neMM Rinatien tower. 25 26 27 # # # # # # # # # # # # # 28 29 4.08.06 - SSA Designation 30 31 32 33 B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are 34 created from any lands within the RLSA District from which one or more Land Use Layers 35 are removed and that are designated as SSAs. Once land is designated as an SSA and 36 Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted 37 to the owner, no increase in density or additional uses not expressly identified in the 38 Stewardship Agreement shall be allowed on such property. A methodology has been 39 adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource 40 Index Value of the land being designated as an SSA, and 2) the number of land use layers 41 being eliminated. 42 43 44 45 4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established 46 as part of the Stewardship Credit Worksheet and adopted as the Land Use 47 Matrix set forth below. Each Layer incorporates a number of the permitted 48 or conditional uses allowed under the Baseline Standards. Each Layer listed below 30 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is current text to he deleted has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have his/her land designated as an SSA determines how many of the Land Use Layers are to be removed from the designated lands. A Land Use Layer can only be removed in its entirety (all associated activities/land use are removed), and Layers shall be removed sequentially and cumulatively in the order listed below. * * * * * * * * * * * * * b. Land Use Matrix Resident General Earth Recreati Agricult Agricult Agriculture Conser ial Land Conditional Mining onal ure ure - Group 2 vation, Uses Uses and Uses Group Support Restor Process 1 Uses ation ing and Uses Natural Resour ces * * * * * * * * * * * * * Wireless Essent Scommunicati ial ons service tewersfacilitie s (P s (P)(CU) and CU) * * * * * * * * * * * * * # # # # # # # # # # # # # 5.05.09 — CommuniGatuens Tow Wireless Communication Facilities A. Purpose and intent. The purpose and intent of this section is to regulate the siting, construction, and modification of wireless communication facilities in the unincorporated area of Collier County, to minimize adverse impacts to adjacent and nearby properties and to otherwise protect the public health, safety, and welfare, while accommodating the growing need for wireless communication services. B. Applicability. These regulations are applicable to wireless communication facilities located within the County, excluding those of a governmental entity where such facilities are utilized to provide intra-governmental communications not generally available to the public, to protect the health, safety, and welfare of the public. 31 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted C. Exemptions. This LDC section shall regulate the location, construction, and modification of wireless communication facilities within the County for the following: 1. Noncommercial freestandina and structure -mounted "receive onlv" antennas that receive direct broadcast satellite service or video programming services via multi - point distribution services, which are one meter or less in diameter in residential zoning districts and three meters or less in diameter in nonresidential zoning districts. These Antennas shall meet all other requirements of the zoning district as set forth in the LDC. 2. Amateur radio antennas and any tower to support the antenna that is owned and operated by a federally licensed amateur radio station operator used exclusively for noncommercial purposes. 3. Any tower or antenna that is owned, operated, or licensed by the Federal Aviation Administration (FAA) and used exclusively for aircraft navigation (NAVAIDS). 4. Any antenna and any tower to support the antenna, not greater than 35 feet in height, and used exclusively as an accessory use to Essential Services. 5. Wireless communication facilities within County Rights -of -Way as set forth in the Code of Laws and Ordinances, Chapter 110, Article V. Communications Facilities in the County Rights -of -Way. D. Definitions specific to LDC section 5.05.09. 1. Alternative Tower Structure means manmade trees. clock towers. bell towers steeples, light poles and similar alternative -design mounting structures that accommodate, camouflage, minimize, or conceal the presence of wireless communication facility equipment. This does not include existing structures erected for another primary purpose, but which subsequently have antennas attached to or located within them, without any reconstruction of the original structure. 2. Antenna means a transmittina and/or receivina device mounted on a tower building, or structure and used in wireless communication services that radiates or captures electromagnetic waves, digital signal, analog signals, and radio frequencies. Antennas include, but are not limited to, directional antennas such as panel and microwave dish antennas, omni-directional antennas such as whips, radar antennas. amateur radio antennas. and satellite earth stations. 3. Rooftop or Building Mounted Facility means antennas that are attached to an existing non -tower rooftop, structure, or building. The Facility includes all Support Facilities regardless of where they are located with respect to the antennas. 4. Search Radius Area means the limited area certified by the Drovider's Radio Frequency Engineer within which the proposed wireless communication facility needs to be located in order to resolve the provider's coverage and/or capacity issues in the surroundina area. There is not a standard numeric distance for a 32 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted search radius, but instead the search radius for a particular site depends on many factors including, but not limited to, population to be served, geography, and topography. 5. Support Facilities means any on -site or off -site building, cabinet, or equipment enclosure that houses the electronics, backup power, power generators, and other freestanding equipment associated with the operation of a Wireless Communication Facility. 6. Temaorary Wireless Communication Facilitv means anv tower. Dole. cell -on - wheels (COW), and/or tower -on -wheels antenna designed for use while a permanent wireless communication facility is under construction or reconstruction, for a large scale special event or conference, or during a County declared emergency. 7. Tower means a structure that is desianed and constructed for the Durpose of supporting one or more antennas, including but not limited to lattice towers, guyed towers, or monopole towers. Except for the abandonment and financial responsibility provisions contained in this section, the term shall not include a pole - attached antenna. 8. Tower, Guyed means a tower supported by one or more levels of braided or stranded steel auv cables that anchor to the around. 9. Tower, Lattice means a freestanding and segmentally designed with rectangular or triangular base steel lattices. 10. Tower, Monopole means a single pole that can be a tubular section design or a formed, tapered pole. 11. Wireless Communication Facility (WCF) means anv eauipment or facilitv used to provide wireless communication services and may include, but is not limited to, antennas, alternative tower structures,guyed towers, lattice towers, monopoles, rooftop or building mounted facilities, and support facilities. Placing a wireless communication facility on an existing structure does not cause the existing structure to become a wireless communication facility. 12. Wireless Communication Facility Site or Site means the tracts of real property, either owned or leased, on which the wireless communication facility, support facilitv. and related improvements are located. 13. Wireless Communication Services means any personal wireless services as defined in the Federal Telecommunications Act of 1996, including but not limited to cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currentiv exist or that may in the future be developed. E. Table of allowable wireless communication facilities by zoning district. 33 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023). DOCX 1 2 3 4 5 6 7 8 9 10 11 12 DRAFT Text underlined is new text to be added. Text cdrikedhreu gh is GUrFeRt devil to he deleted.. Table 1. identifies the type of wireless communication facility and where it is allowed, either as permitted by right (P) or by Conditional Use (CU) approval. Conditional Uses shall require approval in accordance with the procedures set forth in LDC section 10.08.00. The term "NP" means the tower type is not permitted. Table 1. Allowable wireless communication facilities by zonina district. Zoning District Monopole' Lattice or Guyed Alternative Rooftop or Building Mounted Antenna' Tower Structures' P Agricultural E E CU2 RSF-1 NP NP CU CU RSF-2 NP NP CU CU RSF-3 NP NP CU CU RSF-4 NP NP CU CU RSF-5 NP NP CU CU RSF-6 NP NP CU CU Residential RMF-6 NP NP CU CU RMF-12 NP NP CU P RMF-16 NP NP CU P RT CU NP CU P VR CU NP CU P MH CU NP CU P Commercial C-1 P P P P C-2 C3 C-4 C-5 TTRVC NP P Industrial P BP Civic and Institutional P P — CF Planned Unit PUD Pursuant to the applicable PUD Ordinance Development Rural Fringe RFMU CU Open Space CON CU ' Temporary Wireless Communication Towers may be located in all zoning districts on a temporary basis for the purposes stated in LDC section 5.05.09. D.6. 2 See LDC section 5.05.09 H. for additional standards specific to the Estates (E) zoninq district. 34 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted F. Design and development standards. 1. General standards applicable to all types of wireless communication facilities. a. Any new WCF or modification to an existing WCF that requires both a Site Development Plan and building permit review may be processed concurrently but at the applicant's risk. b. Setbacks. Except as otherwise specified within this section, wireless communication facilities must satisfy the minimum setback requirements of the zoning district as set forth in the LDC, as well as the requirements of this section. C. Security. All wireless communication facilities and support facilities shall be secured to prevent Dublic access. ii. Security lighting to protect on -ground facilities/equipment shall be fully shielded and directed away from neighboring properties. d. Signage. i. Signage must be provided that includes contact information for the facility. No commercial sians or advertisina shall be allowed. e. Emergency backup generators. An emergency backup generator is required to be operated on each wireless communication facility site. The Site Development Plan shall identity the location and connection for the emergency backup generator. f. Relief from dimensional standards. The purpose of this section is to identify the appropriate process for applicants requesting relief from certain dimensional requirements of the LDC for a proposed WCF. i. Relief from setbacks. a) Where the wireless communication facility is a permitted use by right, reductions of the required setback distances may be approved through a Variance. Where the wireless communication facility requires a Conditional Use, reductions of the required setback distances may be approved as a deviating component through the same Conditional Use request. 35 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 -WCF LDCA (10-24- 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 be added. Text str'Lethrn nh is currono text to he deleted Relief from tower separation requirements. Reductions in the required separation distances may be approved as a deviating component through a Conditional Use request. iii. Relief from height limitations. Any WCF that is proposed to exceed the height requirements of this LDC section may be approved as a deviating component through a Conditional Use request. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be additional criterion for Conditional Use approval. iv. Relief from other related LDC requirements. Wireless communication facilities requesting relief from any other LDC requirement may be approved through a Variance. g. Prohibition. No equipment or materials shall be stored or parked on the site of a wireless communications facility unless used in direct support for repairs of a facility. 2. Standards applicable to all tower facilities. a. Co -location of antennas on towers. A tower owner shall permit other wireless communications providers to co -locate facilities on a tower if space and structural capacity exists. However, co -location requirements shall not apply to towers or structures used as power transmission poles or structures owned or operated by Florida Power and Liaht or other ower companies. ii. Facilities shall be constructed to accommodate the minimum number of providers required per maximum facility height requirement, as outlined in Table 2. Height limitations. New towers and alternative tower structures shall be subject to the height limitations outlined in Table 2. Table 2. Tower height and co -location requirements. Zoning District of Proposed Tower Minimum Number Maximum Facility Hei ht feet 1, 2 of Providers to Support Agricultural One 100 Two 130 Three 185 Four 250 All other Zoning Districts One 100 Two 130 Three 185 36 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted Lightning rods may exceed the height limitation provided the rods are no greater than 10 feet in length. A Conditional Use permit is required for any wireless communications tower or alternative tower structure that does not comply with these requirements pursuant to LDC section 5.05.09 F.1.f. C. Separation from off -site abutting uses. Towers shall be separated from abutting uses in conformance with the minimum distances specified in Table 3., measured from the outside of the tower base to the property line of the abutting use. Table 3. Tower Separation Requirements from Off -Site Abutting Uses Type of Facility Abutting Land Use Minimum Separation Distance from Abutting Uses All Towers Residential Land Uses' or 100% of tower height 2,3 Estates Zoned Lots All Other Land Uses 50% of tower height 3 Temporary Wireless Communication No restrictions None _Facility Excludes residential land uses on Aaricultural-zoned lands. 2 If an alternative tower structure is proposed, separation distances shall be reduced to 50% of tower height. 3 The Conditional Use process may be used for applications requesting reductions to the minimum required separation distances in Table 3 pursuant to LDC section 5.05.09 F.1.f. d. Migratory birds and other wildlife considerations. Wireless communication facility towers. Each new tower that will exceed a height of 75 feet (above ground), but will not exceed a height of 199 feet above natural grade, shall not be guyed. ii. Bird diverter devices. Each guyed tower greater than 75 feet in height above natural grade, shall have installed and maintained bird diverter devices on each auv wire. 37 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted iii. Habitat loss. In addition to the requirements in Chapters 3 and 10, towers and support facilities shall be designed, sited, and constructed to minimize habitat loss within the WCF site. At such sites, road access and fencing shall be designed and located to minimize on -site and adjacent habitat fragmentation and/or disturbances. e. Desian. i. Towers, not including alternative tower structures, shall maintain a galvanized pray finish or other approved compatible color, except as required by federal rules or regulations. f. Lighting. i. No signals, lights, or illumination shall be permitted unless required by the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required the by FAA, the alternatives chosen shall be the least obtrusive to the surroundina communitv. ii. Site lighting (not required by FAA) shall be elevated less than 20 feet above grade, fully shielded, and directed downward away from neighboring properties. Screenina. Wireless communication facilities and suDDort facilities shall be screened with landscaping and a wall, fence, or combination of both. The wall or fence shall be 100 percent opaque with a minimum height of 8 feet and maximum height of 10 feet. The wall or fence shall be designed to ensure that no unauthorized persons can access the facility. Barbed wire is not a permitted material. ii. Equipment cabinets. The overall height of ground -mounted equipment or equipment enclosure shall not exceed 12 feet. LandscaDina. A minimum 10-foot wide TVDe A buffer that includes a 3-foot high, continuous hedge planted 3 feet on center along the outside perimeter of the wall or fence shall be required. Tree plantings within the buffer shall be 12 feet in height at time of planting. a) Existing, native vegetation on the subject site can be used to meet these screening requirements. If native vegetation is present but not dense enough to meet the requirements, supplemental landscaping must be used to meet the screenina reauirements. b) At the discretion of the County Manager or designee, some or all of these landscape buffering requirements may be 38 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 is currono text to he deleted displaced to a road right-of-way landscape buffer located within the parcel when it better screens the tower. h. Access and parking. Each wireless communication facility site shall have access from a paved or unpaved driveway or access easement. The driveway shall extend to an appropriate location on the premises to accommodate a vehicle to be parked at the facility for normal maintenance. One parking space shall be provided for each facility, and new towers exceeding 185 feet in height shall require a minimum of two parking spaces. 3. Standards aDDlicable to all rooftoD or buildina mounted facilities. a. Rooftop equipment shall not occupy more than 25 percent of the roof area and shall comply with the exterior building and site design standards. Heiaht limitations. i. Facilities located on a rooftop, structure, or building with a maximum roofline of 20 feet or greater (measured from the average natural grade) shall be permitted to have a maximum height of 20 feet above the maximum roofline. Facilities located on a building or structure with a maximum roofline less than 20 feet (measured from the average natural grade) shall be permitted to have a maximum height equal to the height of the maximum roofline. Anv facility that is Dr000sed to exceed the heiaht reauirements. as provided herein, may be approved as a deviating component through a Conditional Use request pursuant to LDC section 5.05.09 F.M. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be additional criterion for Conditional Use approval. C. Rooftop mounted facilities shall be set back from the closest outer edge of the roof a distance of not less than 10 percent of the rooftop length and width, but not less than five feet. d. Antenna structures and dish type antennas shall use camouflage techniques that incorporate architectural treatment to conceal or screen their presence from public view through design to unobtrusively blend in aesthetically with the surrounding environment. e. Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical Dlane of anv exterior wall. 39 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023). DOCX DRAFT 1 f Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted The desian elements of the buildina (i.e.. Daraoet wall. screen enclosures 2 other mechanical equipment) shall be used to screen the wireless 3 communication facility and support facility. 5 q. Co -location is not required for rooftop or building mounted facilities. 7 G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the 8 submittal of an application for a WCF located on County -owned lands without having a 9 fully executed agreement or lease in place with the County; however, no development 10 order shall be issued by the County until such agreement or lease has been fully executed. 11 All terms and provisions of the agreement or lease shall be in a form that is acceptable to 12 the County Attorney, including a release from the County of all liability regarding the WCF. 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 1. Height limitations for wireless communication facilities on property owned, leased, or otherwise controlled by public entities, including but not limited to federal, state, and/or County entities shall be as follows: a. Facilities that are 185 feet or less in height are a permitted use by right in all zoning districts. b. Facilities that are greater than 185 feet in height shall require a Conditional Use. C. Facilities utilizing this exemption must meet all separation requirements of LDC section 5.05.09 F.2.c. and Airport Overlay regulations in the LDC. H. Wireless communication facilities in the Estates (E) Zoning District. Wireless communication facilities are allowed on parcels designated in the Urban or Rural Golden Gate Estates Sub -element in the Golden Gate Area Master Plan and are subject to the following: 1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector road. 2. The wireless communication services Drovider has Drovided evidence that the service provider's search radius for the tower location requires placement of the tower in the Estates Zoning District to meet its coverage requirements and that the WCF cannot be co -located on an existing tower and provide the same quality service coverage. I. Application requirements in addition to the requirements of LDC section 10.02.00. 1. Supplemental tower application requirements. a. Evidence from a Radio Frequency Engineer that the proposed facilities cannot be installed on another structure in Collier County and shall be located at the proposed site to meet coverage requirements with a 40 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 -WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted composite propagation study illustrating, graphically, existing, and proposed coverage in industry -accepted median received signal ranges. b. If co -location is not available, the applicant shall submit an affidavit stating that the applicant made diligent efforts for permission to install or co -locate the facilities on all existing support structures located within the search radius for the proposed facility. The applicant shall establish in the application that: they are unable to provide service at existing sites nearby; no other existing structure is available (including utility poles); and that no reasonable alternative technology can accommodate the facility due to one or more of the following factors: i. Insufficient height to allow the facility to function reasonably in parity with similar facilities; ii. Insufficient structural strength to support the facility; iii. Insufficient space to allow the facility to function effectively and reasonably in parity with similar equipment; iv. Resulting electromagnetic interference which cannot reasonably be corrected; V. Unavailability of a reasonable leasing aareement: and/or vi. Other limiting factors. 2. Supplemental rooftop or building mounted application requirements. a. These facilities shall require a Site Development Plan approval, pursuant to LDC subsection 10.02.03 E or F. J. Modifications and replacements. 1. Owners of existing facilities shall comply with the procedures herein to replace or re -locate a facility, co -locate an antenna on a facility, or expand a wireless communication facility. 2. Any increase in height requires a building permit and may only be permitted if within the allowable height unless approved by Conditional Use pursuant to LDC section 5.05.09 F.1.f. 43 K. Routine maintenance. Routine maintenance, which includes readjusting antenna heights 44 or locations and adding new antennas, shall be permitted on existing and new WCF. New 45 construction other than routine maintenance on an existing facility shall comply with the 46 requirements of this LDC section. 47 48 L. Inspections. 49 41 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 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 DRAFT Text underlined is new text to be added. Text str'Lethrn nh is currono text to he deleted Collier County may, upon a 30-day notice to the wireless communication facility owner, request to inspect any wireless communication facility to ensure its structural integrity. The owner or owner's representative shall be present at all times during the inspection. If the County determines that the facility fails to comply with any applicable codes or standards and that such failure constitutes a danger to persons or property, the owner shall receive written notice that they have 60 days to bring the facility into compliance with the applicable codes and standards. Owner shall provide proof of compliance with written affidavit. Failure to bring the facility into compliance within 60 days shall constitute cause for the removal of the structure or facility at the owner's expense. 2. All guyed towers exceeding 185 feet in height shall be inspected every three nears. Self-supporting towers shall be inspected every five years. Each inspection shall be conducted by a qualified professional engineer or other qualified professional inspector, and any inspector -recommended repairs and/or maintenance should be completed without unnecessary delay. At a minimum, each inspection shall include the following: a. Tower structure: Including bolts, loose, or damaged members, and signs of unusual stress or vibration. b. Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other signs of possible failure. C. Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition. d. Condition of antennas, transmission lines, lighting, painting, insulators fencing, grounding, and elevator, if any. e. For guyed towers: Tower vertical alignment and guy wire tension (both required tension and present tension). M. Abandonment. 1. Collier County may require removal of any abandoned or unused wireless communications facility by the owner within 60 calendar days of confirming abandonment. A WCF shall be considered abandoned if use has been discontinued for 180 consecutive calendar days as determined by Collier Countv. 2. Where a WCF is abandoned but not removed within the specified timeframe, the County may remove it and place a lien on the property following procedures for demolition of an unsafe structure. 3. Where a WCF is utilized for other purposes, including but not limited to, lighting standards and power poles it shall not be considered abandoned if still being maintained in good condition. 42 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 -WCF LDCA (10-24- 2023). DOCX DRAFT 1 4. Where a WCF is removed Text underlined is new text to be added. Text ctrikethra igh is GUrFeRt text to he deleted an owner. the owner shall restore the area to as good 2 of a condition as prior to the placement of the facility, unless otherwise instructed 3 by Collier County. 5 6 7 limited to, telephGRe, televiSiGR, 8 Standards fGF G0R6tFIJGti0R and faGilities SitiRg; 9 10 and vegetatiGR SGreeRiRg; 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 appliGaRt'S te that GaRRet aGGOMmodate the I tower antenna and related fa G!Imtiec , , 43 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023). DOCX DRAFT Text underlined is new text to be added. Text cdrikedhreu gh is GUrFeRt devil to he deleted. 2 3. Habitat Less. IR addmtm9R tG the reqWiFeRqeRtG OR Chapters 3 and 10, towers a 3 other on sote faGilities shall be desigRed, sited, and GE)RStFUGted to miRimize habitat Iless wothiR the tower fGGtpFmRt. 1 iir� �sr.�rs� 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 . n: ■tars• r_�s� :zr.��::n �� :r_�rra ns,:s� :LIN A v ■:rrt�,r. r_�tr. r,:rr_E�:ss� . 44 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text strikethrei igh is GUrFent texd to he deleted 1 si Gh possibly available approved tower. Ci ieh inferma}inn shall also he provided 2 for eld towers to the extent it non he ehtainerl .......... on 7 Whether sharer) use by the annlinant of the tower is prohibited (or is not feasible) 8 fer aRy reason. 10 if uthaSbeeR determiRed that trhre tower ill allow stri Gti irol Ghonnec TTT1Tf e 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 to requesternreeded i formation To epablethet tower owner to respond, I antenna and equipment. 45 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text strikethrei igh is GUrrent text to he deleted 1 2 the needs of the applicant 3 4 2. For eaGh Sach possibly available te�ei�tr the application for a new tower site �� 5 shall not he complete without the follo\e mRg ipformation: 7 a identification of the proposed neW tGWer site by coordinatesstreet address 8 or legal desrriptiene area, g uses, evictincese pptoograhye and significant natural 9 feat 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 reaSGRable permed of time at reaSeRable reRtals, SUGh old tower site sh . . ........ 0,001 e AA MI — 46 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC H EARI NGS\DSAC\2023\1 1 -01 \MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text str'Lethre gh 'c GLIrFent text to he deleted I respeGtive shared use plaR. if the shared use plaR us net then up te date, the plaR 3 appliGaRt shall speGify tG what extent the shared use plan is inGE)rreGt, I or othepNose 67 use l a land lease, lease v o '/ ,., ,. ,., y �s deed, or have the n dE)Gi pptiOR, or deed or otheF ErntraGt GE) 1ment shall provide "eYe� 8 there is reasr�n fer that site iSeX to ene�rr�tower, Usive --arrtc�.ra-ram r��vvc�rcavvrr-rvr unless good 9 si inh restrintien ether than the nreyentien of nemnetitien er a desire OF innlinatien e 10 rive faa-itcrh. ifthe site size--iS and eleGtFiGallly GGGpera good phySiGally 11 rerrnatihle the installation env ether tower no si Gh dOG invent shall with OR site of e 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 47 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text cdrikedhreu gh is GUrFeRt dex4 to he deleted. 6 7 inon aRy vices+inn nnnfnrminn nr nnnnnnfnrminn tower may he permitted o e 8 one tome innrease in height, provided. 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 48 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX 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 DRAFT Text underlined is new text to be added. Tevd odrikedhra gh is GUFFGRt devil to he deleted. ...... - !--e -c Cie 49 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text strikethreu gh is GUrFeRt tex4 to he cleleted. ■ I Ir 1 11 Illf I • • 1 1 . 1 1 1 1 1 1 1 . � 1 I � 1 I � � 1 I _ � � ■ I 1 I , I I � I I I 101 lillipp- I � I 50 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text sdrikedhra gh is GUFrellt devil to he deleted. ...... --------- Elm 1 I 4 , 5 ' 6 7 aGGessory Or lGgiGaIIy aSSOGiated the on the use with safety seWiGe GGRditiGRal use 8 soc . In addiiinne mi innmniGations towers he o fer GaR approved as GGRditienal use 9 10 peleasT. ed �e,�vveFRM of the tower and the .�tQYeR+ity, primary uses are 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 51 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text ctrikethrei igh is GUrFeat teed to he deleted 1 L?CC_1 through C?CC_C. and l MF 6 zoning dio+rig+c shall he � mainr e 2 GG RGidera+inn in determining theLallewablle height of FGGftep 3 foril s. � 5 6 enter edge of the reef a diotanne of net loco than ten (10) nereent 7 of the rnnftnn length anrd width, i iht not less than fide (5) foot if the e 8 antenna ran fi inrtinn at the reci ilting Iegotien 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 1 52 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text strikethra gh is GUrFent text to he deleted. 1 by a distaRGe RGt less than one _half (114) the height of the tower avid it 2 3 greater. 5 6 from resirdeRtially ZE)Reld preperties as fellows. 7 8 New towers up to 75 foot in height shall he lorateld not loss than Oho 9 total height of the tewer aR d ante PlRas from all resirdeRtially ZE)Reid 10 properties. 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 53 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text cdrikedhreu gh is GUrFeRt devil to he deleted. 1 3 aGGessery StFUGtUres shall be feRGed. This pFGViSiGR does not apply to arnateu-r radme towers, or to ground mounted antennas that dG Rot eXGeed twenty (20) feet 7 13. Tower lightiRg. Towers and aRteRRas with a height greater than 150 feet shall - - • required to have red beaGGR er dual mode lights, unless exempted, On writing, by 9 the Collier GOURty 11. mtGF)mc;troGt S--rh IffightS shall meet the then 1viatiOR 1 .MiRistratiGR ("FAA") 11 towers or aRteRRas shall be artifiGially lighted, eXGept as required by the FAA, thp 13 regulatiens. if the 1 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 54 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text strikethrai gh 'c GLIFF811t devil to he deleted. 8 16 Any tower that ie fer remmuniGatienc for o nerier•I of ene (1 \ not voluntarily used 10 within three /cc-�3) menths aft (1 ) dear rSarh rotary the ('�y vole ROR use, 11 mew � obtain rizefinn from o i�f eR irisdiGtOOR, to the as GGi GGMpe remove 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 tower and aGGeGGGFY Items, 0 afteF 0 }ewer onr•I aGGeccery items nLUb nee Ft GGsts onr•I affnmevle feet f 55 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX 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 DRAFT Text underlined is new text to be added. Text cdrikedhreu gh is GUrFeRt devil to he deleted. 56 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text ctrikethreu gh is GUrFeRt teed to he deleted. 2 8. Mole marker er 52.2. The height ofthe tewer shaII�eXEeed 250 feet, 3 0RGli ding antennas' e 5 b. Mole keF 92.6 (Everglades Rhin)The height ne+ exceed 250 feet 6 Innlllrllnn antennas; "��`^`" 7 r � 8 GT#e�l an eXiSt�Rg,Fnn�weYIIiGaed On Cfoto Read 70. The height 9 Shall net evneerl 210 feet iRG16I ding antennao• e 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 .. _ • , • ._ .. Owl 57 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. Text strikethra gh is GUrFeRt devil to he deleted. 1 M 5 r or designee where the buffer is not praGt!GaIi due to pLjbIiG safety 2 nnn�S 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 •SIT ► 1 N 1 58 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC H EARI NGS\DSAC\2023\1 1 -01 \MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT 5 i . These faGilit+es are esseRtmal se,v'--- Text underlined is new text to be added. Text strikethra, igh is GUFrer.t teed to he deleted 7 2. EaGh appliGaRt for these permits us required tG Glearly inform County staff by means 8 of an erbeldeeed"nGRiGe" on aeOver letter r the first no�fthepl�F'lr1'1'1 ri} 9 appliGatiOR, " ited 10 time inesSFeGified iR Chapter 365477 Florida Statutes. 11 12 13 14 require from v7SUGh appliGfin} proof of nroper��GeRS re, and staffrequest 15 the '+e pr['�rvvide in eFinatien as to the pFe iider'c nn RGGeVA'1111�e�n�T 16 laden to the eytent th} n a� �thnrized by federal law. The GG� Rty has ne �l�TcrrrviTS�v-mcznrcrr� GPI-�ucr�viTc �� cri-n-rcrv� � �rny-nu�rrry 17 18 to he IeGated\ e�perty GW Ted by the of Florida in irling State WRed 19 rights of_� 20 21 22 23 use appre„al er aRy ether required PFGGess (SUGh as, for example la„inrt 24 agreement amended), the C i int�nell grant or r,eRy a PFGperly Gempletecl 25 y>pplli tine rpm eGtiRg In n of E91 1 Cer�ii for Wireless `"''�P'' GarrvrrT"`1'cFc ��vGatiEln��Tvcrv-rGe, Gr E$-iuGatif.�ii 26 telepheRe SeFViGe, RGt later theR fGFty five (4 5) bWGiReGG days after the date that a 27 28 applirahle permit application regi iirements in this sertinn 5.05.09. GO IGGatlen of 29 SUGh facilities on a then evicting above _ground tower er other above _ground 30 31 SeGtIOR 163.3202, Flerida Statute, previded the height of then ex'St!Rg teWer 32 OF stp anti ire is not thereby increasedGO Incatien of SUGh antenna or nn_Innotinn 0 33 of related equipment, shall be subjeGt to appliGable buildiRg regulations, and with 34 all theR eX!St'Rg permits er agreements appliGable to that tewer or to the underly!Rg 35 prepertym NethiRg hereiR,' 36 relieve the permit hei der fer or owner of the then evicting tOWer or stn anti ire from e � 37 GOMPIY!Rg with appliGable permit requirements, er appliGable agreemeRt(s), er with 38 , 39 compliance with any other then applicable law(-& 40 41 5New towers �or antep,nos. Pursuant�teCec+e�-�65.177 , Florida Statutes, t#e 42 Goy ant y shall grant er deny an{ ' applinotion Fe( iecting lonotien of o new wireless 43 telephone ephone SePAGe eEw feF 1eGa}inn of antenna(s) fer wirelesstelpphORc 44 se. vi-e, net later theR Rinety (90) business days after the date that aR appliGatien that � mmpl�? with the req iir is of this section 5 05 09 is submitted, 45 Ge �,�r" `1�el�era��„ � of I�ITJ = ITSTJ�i gr�rpTcc , 46 provided the then existing zeni,�I.��NGable to prepnsGd��G allows the E911 47 faG�r i ties withet need ze I�ethe needapplyfer Genditienal use appreval, er 48 ether required prOGedures. Previded further that nething heFeiR shall a#eGt PeFmit 49 59 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC H EARI NGS\DSAC\2023\1 1 -01 \MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX DRAFT Text underlined is new text to be added. 1 2 appliGablo b iildiRg reg ila#iGRG 3 4 6. 6 R vVritiAg R9tify the permit appliGaRt whether the appliGatiE)R liS, or 16 Rot, Properly 7 GOMpleted. If SUGh permit appinGatmOR iS Rot properly GOMpleted, staff shall with 5 app!mGat'GR for aRy -bGVe irll paragraphs (4) and (5) above, staff shall appliGaRt whether the appliGable ZORORg GlassifiGatiOR allows the applied for use(s) I I without reZGRiRg, WithGIJt GGRditiGRaI use approval, or without arly other related 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 -14,11 wlm- 60 G:\LDC AMEN DMENTS\ADVISORY BOARDS AND PUBLIC HEARINGS\DSAC\2023\11-01\MATERIALS\PL20230013966 - WCF LDCA (10-24- 2023).DOCX Exhibit A - Public Email From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Tuesday, October 17, 2023 9:18 AM To: Marissa Fewell Cc: Albuernes, Milena Subject: RE: PL20230013966 - Comments Attachments: (Redline) WCF LDCA (09-27-2023) ALL revisions clean (002).docx; (Redline) WCF LDCA (09-27-2023) ALL revisions clean (002).pdf 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 Marissa, Please see attached in PDF and Word format. If you have any trouble viewing the proposed redlines or have any questions, please let us know. Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law � + � �•xs � gk)4 v Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 t. 239.628.4919 �a 239.433.5933 u KBerkey@beckerlawyers.com ® www.beckerlawyers.com CITY. COUNTY & LOCAL CVERNMENT LAW .S a - AICP CERTIFIED Exhibit A - Public Email isJU LJ Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountvfl.gov> Sent: Tuesday, October 17, 2023 8:25 AM To: Berkey, Kathleen "Katie" <KBerkev@beckerlawyers.com> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie - I'm not seeing redlines in the document that was attached. Thank you, Marissa Fewell Planner 111- Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning CD 7eY C014 ty 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. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Monday, October 16, 2023 8:49 PM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: Re: PL20230013966 - Comments Exhibit A - Public Email 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 Marissa, Thanks for the return call this afternoon. Attached please find some additional suggested redlines and margin comments from SBA as to the revised communications tower ordinance being reviewed by the. DSAC Subcommittee tomorrow. Thank you to staff or incorporating some of SBA's prior edits already and we appreciate their willingness to engage in ongoing discussions. Best regards, Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 t,. 239.628.4919 Ja 239.433.5933 u KBerkey@beckerlawyers.com ® www.beckerlawyers.com . s �..�y.y CITY, i;t..,.1 i Y & LOCAL GMRNMkNT LAW Follow Becker on... 91000 4 AICP CERTIFIED Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. Exhibit A - Public Email From: Marissa Fewell <Marissa.Fewell@colliercountvfl.gov> Sent: Wednesday, October 4, 2023 4:25:27 PM To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie - The second staff review is expected to be complete by October 12th but comments are welcomed at any time. Thank you, Marissa Fewell Planner 111- Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/collierZoning C;o 7e.-Y C;0U14tY 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. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Wednesday, October 4, 2023 4:07 PM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAlbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments 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. Thank you, Marissa. Is there a date by which comments on the latest draft would be welcomed? Exhibit A - Public Email Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law + + vxs� anaa Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 t, 239.628.4919 Ja 239.433.5933 u KBerkey@beckerlawyers.com © www.beckerlawyers.com ITy, CNN1 Y & LOCAL @$RNMENT LAVY Follow Becker on... 0000 AICP CERTIFIED Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Sent: Wednesday, October 4, 2023 11:25 AM To: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie - Attached is the revised draft as a Word document. Exhibit A - Public Email Thanks! Marissa Fewell Planner 111- Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning CD iew County 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. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Wednesday, October 4, 2023 9:06 AM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: Re: PL20230013966 - Comments 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. Thank you, Marissa! May I please have a copy of the latest draft in Word format? Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law + + asxs� 343] Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 t. 239.628.4919 Ja 239.433.5933 u KBerkey@beckerlawyers.com Exhibit A - Public Email © www.beckerlawyers.com Kf/).{ CITY, COUNTY LOCAL MVERNMENT LAW Follow Becker on... M ® ® 0 AICP CERTIFIED Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountvfl.gov> Sent: Tuesday, October 3, 2023 3:33:50 PM To: Berkey, Kathleen "Katie" <KBerkev@beckerlawyers.com> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie - Thank you, I hope you had a nice weekend as well! The draft is currently going through a second staff review. Linked below is the updated version based on comments received from staff in their first review: https://www.colliercountyfl.gov/home/showpublisheddocument/l04815/638314972193570000 Thank you, Marissa Fewell Planner 111- Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Exhibit A - Public Email Collier C01414ty 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. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Friday, September 29, 2023 5:48 PM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments 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 Marissa, Happy Friday! Any updates as to the updated draft? Thank you and have a great weekend, Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 239.628.4919 �d 239.433.5933 u KBerkey@beckerlawyers.com ® www.beckerlawyers.com Exhibit A - Public Email l� fit) CI.V CITY, COUNTY & LOCAL GCVERNMENI LAVY Follow Becker on... 0000 ► ICP CERTIFIED Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Sent: Monday, September 11, 2023 10:39 AM To: Berkey, Kathleen "Katie" <KBerkev@beckerlawyers.com> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments EXTERNAL EMAIL - This message originated from an External Source. Hi Katie - Yes, comment has been received. We are starting to work through all of the comments received; I will let you know when the updated draft is complete. I'm not exactly sure on timing at this point but would guess it is a few weeks out. Thanks! Marissa Fewell Planner 11- Zoning Division 2800 Horseshoe Drive North, Naples, Florida 34104 Phone: 239.252.2962 Fax: 239.252.6503 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning C;o 7e.Y C,0141.ty Exhibit A - Public Email 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. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Monday, September 11, 2023 10:34 AM To: Marissa Fewell <Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: RE: PL20230013966 - Comments 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. Good morning Marissa, Has this request been received? Thank you, Katie Kathleen "Katie" O. Berkey, AICP Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law + + �sxs i3 aaxn Becker & Poliakoff Six Mile Corporate Park 12140 Carissa Commerce Court Suite 200 Ft. Myers, FL 33966 k, 239.628.4919 Ja 239.433.5933 S KBerkey@beckerlawyers.com 0 www.beckerlawyers.com Exhibit A - Public Email �0�46_n - iv'l�, .. CITY. COUNTY & LOCAL GCVERNMENI LAVY Follow Becker on... E®®0 4 - AICP CERTIFIES} Confidentiality Note: This message, together with any attachments, may contain privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any examination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by reply e-mail and permanently delete the original message, along with any attachments. Thank you. From: Berkey, Kathleen "Katie" <KBerkey@beckerlawyers.com> Sent: Thursday, August 31, 2023 4:42 PM To: FewellMarissa<Marissa.Fewell@colliercountyfl.gov> Cc: Albuernes, Milena <MAIbuernes@beckerlawyers.com> Subject: PL20230013966 - Comments Good afternoon Marissa, Please accept this as an additional comment on the working draft from SBA. We recommend staff consider including language from the Section 6409 of the Spectrum Act of 2012 related to colocations by right. Suggested language: "Any request to collocate, replace, or remove transmission equipment at an existing wireless tower or base station submitted with a written request for a Section 6409(a) approval under the Spectrum Act of 2012 shall be subject to administrative approval, conditional use approval, or denial without prejudice pursuant to the standards and procedures contained in Section 6409(a)." Thank you, Katie Berkey Kathleen "Katie" O. Berkey, AICP Exhibit A - Public Email Shareholder and Certified Land Planner Board Certified Attorney, City, County, and Local Government Law Ft. Myers Ext: 54919 (239.628.4919) Exhibit A - Public Email Cofer Gourity Growth Management Community Development Department Zoning Division LAND DEVELOPMENT CODE AMENDMENT PETITION PL20230013966 ORIGIN Board of County Commissioners (Board) SUMMARY OF AMENDMENT This amendment introduces comprehensive updates to the current provisions in the Land Development Code (LDC) related to telecommunication towers. LDC amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR). HEARING DATES LDC SECTION TO BE AMENDED Board TBD 1.08.02 Definitions CCPC TBD 2.01.03 Essential Services DSAC TBD 2.03.01 Agricultural Districts DSAC-LDR TBD 2.03.02 Residential Zoning Districts 2.03.03 Commercial Zoning Districts 2.03.04 Industrial Zoning Districts 2.03.05 Civic and Institutional Zoning Districts 2.03.06 Planned Unit Development Districts 2.03.07 Overlay Zoning Districts 2.03.08 Rural Fringe Zoning Districts 2.03.09 Open Space Zoning Districts 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 4.06.05 General Landscaping Requirements 4.08.06 SSA Designation 5.05.09 Communications Towers ADVISORY BOARD RECOMMENDATIONS DSAC-LDR DSAC CCPC TBD TBD TBD BACKGROUND On October 14, 1992, the Board adopted Ordinance No. 92-73 which included the first regulations for communications towers in the County. On January 24, 2023, the Board directed staff to develop Amendments to the current LDC regulations for Communication Towers to promote a stronger wireless communication network throughout the County. Staff reviewed current statewide best practices, engaged with industry experts, and determined that the current provisions in the LDC for Communication Towers are outdated with modern day industry practices. Wireless communication facilities are considered essential services. This LDC amendment modernizes the language and simplifies the application and review processes in an effort to allow for a stronger wireless communication network throughout the County. Substantive changes include but are not limited to the following: renaming "communication towers" to "wireless communication facilities" to include facilities that are not towers; roozi.Docx1 Deleted: G:\LDC AMEN DMENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email Cofer Gourity Growth Management Community Development Department Zoning Division providing definitions and establishing regulations for the various wireless communication facility types; updating permitted use and conditional use lists for Zoning Districts to allow for new wireless communication facilities; removal of shared tower requirements to instead encourage co -location by allowing increased heights; and reorganizing the section to allow for easier interpretation of the regulations. Corresponding cross-references are also added to various LDC sections to maintain consistency. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts to the County associated with this amendment. The amendment may have fiscal impacts on property owners who will now be eligible to apply for approval of a wireless communication facility. EXHIBITS: None. GMP CONSISTENCY To be provided by Comprehensive Planning Staff after first review. Deleted: G:\LDC AMEN DIM ENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEYIAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN / (002).DOCX2 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 Exhibit A - Public Email Amend the LDC as follows: 1.08.02 — Definitions Monopole GE)MMuniGatieR6 tower: A commercial vertical single tubular self swppGFt'Rg fewer fer r, rabelir. antennas with ell effe GtiVR Md ii Wireless communication facilities: See all related definitions in LDC section 5.05.09. # # # # # # # # # # # # # 2.01.03 - Essential Services A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 4. Wirele66 66nRFRWRriEatien fivmuGn.ricGilifiesCOMMUR:GatiOR f�T..ier�im fed to t pFeyffidiRg ;reless eFnergeRGY telephe a seFv'Ge, subject to all „linable PFeViSieRS OR erfien G nG 09 of this Cede 64. Electrical transmission and distribution lines, substations, and emergency power structures; -Remainder of list to be renumbered accordingly- 98. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to subsection 2.03.09 B.1.a.viii. Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx,3 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 Exhibit A - Public Email H. Wireless communication facilities, limited to those providing wireless emergency telephone service, are considered an essential service and shall be permitted and subject to all applicable provisions in LDC section 5.05.09. # # # # # # # # # # # # # 2.03.01 - Agricultural Districts. A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. 7. Family care facilities, subject to section 5.05.04. 8. Wireless communication facilities, subject to section 5.05.09. 9. Essential services. as set forth in section 2.01.03. * * * * * * * * * * * * * C. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. * * * * * * * * * * * * * 12. Collection and transfer sites for resource recovery. Deleted: G:\LDC AMENDMENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx,4 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 51 Exhibit A - Public Email 13. GOMF.mFRU iGati R towers above height, bjeGt tO seGtOO^ -�-r�spenvied ten 5or; 0A 143. Social and fraternal organizations. -Remainder of list to be renumbered accordingly- 297. Ancillary plants. B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). C. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in LDC section 10.08.00: 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply. 12. GemmuniG-atien tewers up to ^'spcdf ed—heights Wireless communication facilities, subject to LDC section 5.05.09. # # # # # # # # # # # # # 2.03.02 Residential Zoning Districts Deleted: G:\LDC AMENDMENTS\CURRENT A. Residential Single -Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The / WOMTELECOMMUNICATION TOWER UPDATE and intent of the residential single-family districts RSF IS to provide lands (P -27-2023) AL )\DR REVISIONS ITY EAN.D CF LDCA purpose 9 Y ( ) P / 09-27-2023 ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx,5 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 51 Exhibit A - Public Email primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve and are compatible with the single- family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single- family districts (RSF). C. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00. 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 12. Wireless communication facilities, subject to LDC section 5.05.09. B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the residential multi- family-6 district (RMF-6) is to provide for single-family, two-family and multi -family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or convenient access to collector and arterial roads on the county major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-6 district shall C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOKWV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOC�,6 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 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 C. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 6. Educational plants and public schools with an agreement with Deleted: G:\LDC AMENDMENTS\CURRENT 50 Collier County, as described in LDC section 5.05.14; however, any WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA(09-27-2023)ALL REVISIONS CLEAN (002).DOC47 not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF-6 district. C. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in LDC section 10.08.00. 10. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 11. Wireless communication facilities, subject to LDC section 5.05.09. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential multi -family 12 district (RMF-12) is to provide lands for multiple -family residences having a mid -rise profile, generally surrounded by lower structures and open space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multi -family residences are permitted as conditional uses as long as they preserve and are compatible with the mid - rise multiple -family character of the district. The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-12 district (RMF-12). a. Permitted uses. 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 51 Exhibit A - Public Email high school located in this district is subject to a compatibility review as described in LDC section 10.02.03 7. Wireless communication facilities, subject to LDC section 5.05.09. D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the residential multi-family-16 district (RMF-16) is to provide lands for medium to high density multiple - family residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple -family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multi -family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential multi- family-16 district (RMF-16). a. Permitted uses. 4. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 5. Wireless communication facilities, subject to LDC section 5.05.09. E. Residential Tourist District (RT). The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). a. Permitted uses. 5. Townhouses subject to section 5.05.07. C:\USERS\KBERKEV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNPVREDLINE) WCF LDCA(09-27-2023)ALL REVISIONS CLEAN (002).DOC�$ Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.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 51 Exhibit A - Public Email 6. Wireless communication facilities, subject to LDC section 5.05.09. Village Residential District (VR). The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the village residential district (VR). Permitted uses. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 7. Wireless communication facilities, subject to LDC section 5.05.09. G. Mobile Home District (MH). The purpose and intent of the mobile home district (MH) is to provide land for mobile homes and modular built homes, as defined in this Land Development Code, that are consistent and compatible with surrounding land uses. The MH District corresponds to and implements the urban mixed -use land use designation on the future land -use map of the Collier County GMP. The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the mobile home district (MH). C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA (09-27-20231 ALL REVISIONS CLEAN (002).DOCA, Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.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 51 Exhibit A - Public Email a. Permitted uses. 5. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. 6. Wireless communication facilities, subject to LDC section 5.05.09. # # # # # # # # # # # # # 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter -jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. 40. Travel agencies (4724, no other transportation services). 41. Wireless communication facilities, subject to LDC section 5.05.09. 442. Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. C:\USERS\KBERKEV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOKWV2SHNP\(REDLINE) WCF LDCA M-27-2023) ALL REVISIONS CLEAN (002).DOCX1 0 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.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 51 Exhibit A - Public Email B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 73. Wireless communication facilities, subject to section 5.05.09. 734. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. -Remainder of list to be renumbered accordingly- 756. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC41 1 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 Exhibit A - Public Email C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 93. Wireless communication facilities, subject to section 5.05.09. 934. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 945. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 956. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA (09-27-20231 ALL REVISIONS CLEAN (002).DOCYt1 2 Deleted: G:\LDC AMENDMENTS\CURRENT WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.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 Exhibit A - Public Email 967. Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 978. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. * * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses 27. Cable and other pay television services (4841) g %unocatmons tewern P W n reified height ubjent W n mien 5.05.09. 130. Telegraph and other message communications (4822) ink 1WRiGatiE)RS towers up to s eGified height ubjeGt to seGtiOR 5.06.09. Deleted: G:\LDC AMENDMENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC41 3 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 51 Exhibit A - Public Email 131. Telephone communications (4812 and 4813) %uniGations towers Up to Specified height, subject tA 13PAtiAR 5.05.99. 140. lWireless communication facilities, subject to LDC section 5.05.09.1 1491. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1442. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 1423. Any other general commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. C. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in LDC section 10.08.00. 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01.). 8. + G�r� , ,..,ti9R towers above spedfied eight, des*t tO ses+�„^ 59509 98. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers -retail). -Remainder of list to be renumbered accordingly- 254. Veterinary services (0741 and 0742, with outside kenneling). Commented [1]: Consider changing C-4 to CU as some of the C-4 zoning districts abut residential zoned properties. (Specifically see along Airport Rd S.) E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, Deleted: GALDC AMENDMENTS\CURRENT the heavy commercial district (C-5) allows a range of more intensive commercial uses and / WORK\TELECOMMUNICATION TOWER UPDATE services which are generally those uses that tend to utilize outdoors ace in the conduct (P -27-202 ) ALL REVISIONS ITY EAN. WCF LDCA 9 Y P / 09-27-2023 ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS / CLEAN (002).DOCx 14 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 Exhibit A - Public Email of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. 32. Cable and other pay television services (4841) 1WRiGatiE)RS towers up to s edfied height, ubjen+ to sen+ien 5.0509. * * * * * * * * * * * * * 166. Telegraph and other message communications (4822) fac4ud!Rg 'unmGatieRs +eweFs n +e 6peGified height, subject to i DC .Gtoon 5.05.09. 167. Telephone communications (4812 and 4813) wing n�fi Rs towce, up te speGjfT'ed height, hieGt to I PQ sestfeR 5.05.09. 180. Welding repair (7692). 181. Wireless communication facilities, subject to LDC section 5.05.09. 1842. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 1823. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational Deleted: G:\LDC AMENDMENTS\CURRENT functions of a business and are purely associated with activities �WORK\TELECOMMUNICATION TOWER UPDATE conducted in an office. / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC41 5 Exhibit A - Public Email 1 2 1834. Any other heavy commercial use which is comparable in nature with 3 the list of permitted uses and consistent with the purpose and intent 4 statement of the district, as determined by the Hearing Examiner or 5 CCPC, pursuant to LDC section 10.02.06 K. 6 7 8 9 C. Conditional uses. The following uses are permissible as conditional uses 10 in the heavy commercial district (C-5), subject to the standards and 11 procedures established in LDC section 10.08.00. 12 13 14 15 5. Communications (4812-4841) with wireless communications 16 tewer-,facilities that exceed specified height, subject to LDC section 17 5.05.09. 18 19 20 21 F. Travel Trailer -Recreational Vehicle Campground District (TTRVC). 22 23 24 25 2. The following uses are permissible by right, or as accessory or conditional 26 uses within the travel trailer -recreational vehicle campground district (TTRVC). 27 28 a. Permitted uses. 29 30 1. Travel trailers, park model travel trailers, pickup coaches, motor 31 homes and other recreational vehicles. 32 33 2. Wireless communication facilities, subject to LDC section 5.05.09. 34 35 36 # # # # # # # # # # # # # 37 38 2.03.04 Industrial Zoning Districts 39 40 A. Industrial District (1). The purpose and intent of the industrial district (1) is to provide lands 41 for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 42 Service and commercial activities that are related to manufacturing, processing, storage 43 and warehousing, wholesaling, and distribution activities, as well as commercial uses 44 relating to automotive repair and heavy equipment sales and repair are also permissible 45 in the I district. The I district corresponds to and implements the industrial land use 46 designation on the future land use map of the Collier County GMP. 47 48 1. The following uses, as identified within the Standard Industrial Classification 49 Manual (1987), or as otherwise provided for within this section, are permitted as a Deleted: G:\LDC AMENDMENTS\CURRENT 50 right, or as accessory or conditional uses within the industrial district (I). WOMTELECOMMUNICATION TOWER UPDATE 51 / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOC41 6 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 Exhibit A - Public Email a. Permitted uses. 9. Communications (4812-4899 '.,^L u.-'Rg +,^ ^ t9Wers 56. Wholesale trade —nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192-5199). 57. Wireless communication facilities, subject to LDC section 5.05.09. 578. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non- conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre -disaster condition. C. Conditional uses. The following uses are permitted as conditional uses in the industrial district (1), subject to the standards and procedures established in LDC section 10.08.00. 4. Communications (groups 4812-4899 including wireless communications towers —facilities that exceed specified heights subject to all requirements of LDC section 5.05.09.). B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park -like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban -industrial districts of the future land use element of the Collier County GMP. Deleted: G:\LDC AMENDMENTS\CURRENT / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC41 7 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 51 Exhibit A - Public Email 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: 4. Communications (4812-4899 including wireless communications towers facilities. limited iR height to 100 feet and subject to LDC section 5.05.09.). # # # # # # # # # # # # # 2.03.05 - Civic and Institutional Zoning Districts A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. 4. Sergi iGat;^^ f�,-to,we,-s- 54. Education facilities. 65. Educational plants. 76. Essential public service facilities. 87. Fairgrounds. 98. Libraries. 409. Museums. 4-1-10. Park and recreational service facilities. Deleted: G:\LDC AMENDMENTS\CURRENT 4211. Parking facilities. / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC41 8 Exhibit A - Public Email 1 4-312. Safety service facilities. 2 3 4413. Wireless communication facilities, subject to LDC section 5.05.09. 4 5 14. Any other public structures and uses which are comparable in 6 nature with the list of permitted uses, and consistent with the 7 purpose and intent statement of the district, as determined by the 8 Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 9 10 11 12 B. Community Facility District (CF). The purpose and intent of (CF) district is to implement 13 the GMP by permitting nonresidential land uses as generally identified in the urban 14 designation of the future land use element. These uses can be characterized as public 15 facilities, institutional uses, open space uses, recreational uses, water -related or 16 dependent uses, and other such uses generally serving the community at large. The 17 dimensional standards are intended to insure compatibility with existing or future nearby 18 residential development. The CF district is limited to properties within the urban mixed use 19 land use designation as identified on the future land use map. 20 21 1. The following uses are permitted as of right, or as accessory or conditional uses, 22 in the community facility district (CF). 23 24 a. Permitted uses. 25 26 27 28 9. Educational services (groups 8211-8231). 29 30 10. Wireless communication facilities, subject to LDC section 5.05.09. 31 32 33 # # # # # # # # # # # # # 34 35 2.03.06 Planned Unit Development Districts 36 37 38 39 D. The following are permissible uses in the Research and Technology Park PUD: 40 Identified Use Special Notes RTPPUD Or Regulation Accessory uses and structures 4.07.02 and P 5.03.00 41 42 Deleted: G:\LDC AMENDMENTS\CURRENT Communication groups 4812-4841 T WORK\TELECOMMUNICATION TO UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN. DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOC4 19 Exhibit A - Public Email Communication towers and other Wireless 5.05.09 Communication Facilities: 75 feet or less in height P More than 75 feet in height CU Computer and data processing services, Computer T related services, not elsewhere classified 1 2 3 # # # # # # # # # # # # # 4 5 2.03.07 Overlay Zoning Districts 6 7 8 9 F. Golden Gate Parkway Overlay District (GGPOD). 10 12 13 6. Prohibited uses. These uses are prohibited, except that uses existing as of March 14 16, 2021 may continue to operate as a permitted use until the use ceases for a 15 period of one year. This section does not apply to the uses allowed in the 16 underlying zoning district. 17 18 a. Prohibited uses in the GGPOD-AC and GGPOD-DT. 19 20 xi. CommuniGatoaR tewers Wireless communication facilities, subject 21 to LDC section 5.05.09. 22 23 24 25 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 26 distinct subdistricts for the purpose of establishing development criteria suitable for the 27 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 28 Urban Overlay District are delineated on the maps below. 29 30 31 32 5. Main Street Overlay Subdistrict. Special conditions for the properties identified in 33 the Immokalee Area Master Plan; referenced on Map 7; and further identified by 34 the designation "MSOSD" on the applicable official Collier County Zoning Atlas 35 Maps. The purpose of this designation is to encourage development and 36 redevelopment by enhancing and beautifying the downtown Main Street area 37 through flexible design and development standards. 38 39 a. Permitted uses. For all properties within the Main Street Overlay 40 Subdistrict, except for properties hatched as indicated on Map 7, the Main 41 Street Overlay Subdistrict, all permitted uses within the uses within the Al I ' ' ' ' underying zoning distracts contained hhSb wit in t is u district, and Exhibit A - Public Email 1 1. Hotel and motels (7011) 2 3 2 GOFRFRURiGati ^ towers- Wireless communication facilities, as 4 defined in LDC section 5.05.09, subject to the following: 5 6 i. Such tower is an essential service use as defined by 7 subsection 2.01.03 A.4; and 8 9 ii. Such tower may not exceed a height of 75 feet above grade 10 including any antennas attached thereto. 11 12 b. Permitted uses. For hatched properties within the Main Street Overlay 13 Subdistrict, all permitted uses within the underlying zoning districts 14 contained within this Subdistrict, and the following uses are permitted as of 15 right in this Subdistrict: 16 17 1. All uses allowed in the Commercial Professional District (C-1), of 18 this Code, except for group 7521. 19 20 2. Wireless communication facilities, as 21 defined in LDC section 5.05.09 subject to the following: 22 23 i. Such tower is an essential service use as defined by 24 subsection 2.01.03 A.4; and 25 26 ii. Such tower may not exceed a height of 75 feet above grade 27 including any antennas attached thereto. 28 29 C. Prohibited uses. All uses prohibited within the underlying residential and 30 commercial zoning districts contained within this Subdistrict, and the 31 following uses, shall be prohibited on properties with frontage on Main 32 Street in between First Street and Ninth Street in the Main Street Overlay 33 Subdistrict: 34 35 36 37 10. Gernm-^o^a-'i^^ tewe•s- Wireless communication facilities, as 38 defined in LDC section 5.05.09 of this Code, except as otherwise 39 permitted in this Subdistrict. 40 41 42 43 d. Accessory uses. 44 45 46 47 2. Communication towers Wireless communication facilities, as 48 defined in LDC section 5.05.09 subject to the following: 49 Deleted: G:\LDC AMENDMENTS\CURRENT 50 i. Such tower is an essential service use as defined by / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA 51 subsection 2.01.03 AA.; and / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DmC 21 ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. e. Conditional uses. 1. Conditional uses of the underlying zoning districts contained within the subdistrict, subject to the standards and procedures established in LDC section 10.08.00 and as set forth below: i. Local and suburban passenger transportation (4131, 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. ii. Gemmunipatien tewers Wireless communication facilities, as defined in LDC section 5.05.09 of this Code for essential service uses as defined by subsection 2.01.03 A.4 that exceed a height of 75 feet above grade including any antennas attached thereto. iii. The following conditional uses may be permitted only on properties with frontage on North First Street, South First Street, and North Ninth Street within the Main Street Overlay Subdistrict: i.GGFRITIURiGatiOR towers Wireless communication facilities, as defined in LDC section 5.05.09, except as otherwise permitted in this Subdistrict. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BZO" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * 4. Bayshore Zoning Overlay District (BZO) Subdistricts. * * * * * * * * * * * * b. Use Categories and Table of Uses. * * * * * * * * * * * * Exhibit A - Public Email 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 I. 35 36 37 38 * 39 40 41 42 * 43 44 45 46 * 47 48 iii. Table of Uses. Table 1. Table of Uses for the BZO Subdistricts 49 Deleted: G:\LDC AMENDMENTS\CURRENT USE TYPE BZO SUBDISTRICTS / WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DmC 22 1 2 3 Exhibit A - Public Email RESIDENTIAL MIXED USE ADDITIONAL STANDARDS R1 R2 I R3 I R4 I NC I W h INFRASTRUCTURE 1) Automobile Parking Facilities CU 2 Boat Launch A 3 Essential Services P P P P P P 4 Marinas and Boatyards P P 4.02.16 C.7. 5 Transit Station 6) Wireless Telee Communication Facilityies 5 6 7 N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 8 conditions for the properties in and adjacent to the Gateway Triangle as identified by the 9 designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 10 series. 11 12 13 14 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 15 16 17 18 b. Use Categories and Table of Uses. 19 20 21 22 iii. Table of Uses. Table 2. Table of Uses for the GTZO Subdistricts 23 24 25 26 USE TYPE GTZO SUBDISTRICTS ADDITIONAL RESIDENTIAL I MIXED STANDARDS USE h INFRASTRUCTURE 1 Automobile Parking Facilities P 2 Boat Launch 3 Essential Services P P 4 Marinas P 5 Transit Station CU Deleted: G:\LDC AMENDMENTS\CURRENT 6) Wireless TelecCommunication CU WORK\TELECOMMUNICATION TOWER UPDATE Facilit ies (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C'.\USERS\KDERKEV\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCx,23 Exhibit A - Public Email 1 2 3 # # # # # # # # # # # # # 4 5 2.03.08 - Rural Fringe Zoning Districts 6 7 A. Rural Fringe Mixed -Use District (RFMU District). 8 9 10 11 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 12 district that have been identified as being most appropriate for development and 13 to which residential development units may be transferred from RFMU sending 14 lands. Based on the evaluation of available data, RFMU receiving lands have a 15 lesser degree of environmental or listed species habitat value than RFMU sending 16 lands and generally have been disturbed through development or previous or 17 existing agricultural operations. Various incentives are employed to 18 direct development into RFMU receiving lands and away from RFMU sending 19 lands, thereby maximizing native vegetation and habitat preservation and 20 restoration. Such incentives include, but are not limited to: the TDR 21 process; clustered development; density bonus incentives; and, provisions for 22 central sewer and water. Within RFMU receiving lands, the following standards 23 shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more 24 specifically provided in an applicable PUD. 25 26 a. Outside rural villages. 27 28 29 30 (3) Allowable Uses. 31 32 33 34 (c) Conditional uses. The following uses are permissible 35 as conditional uses subject to the standards and 36 procedures established in LDC section 10.08.00. 37 38 39 40 ix. In RFMU receiving lands other than those within the 41 NBMO, earth mining and extraction. 42 43 X. Wireless communication facilities, subject to LDC 44 section 5.05.09. 45 46 47 48 b. Rural villages. Rural villages, including rural villages within the NBMO, may 49 be approved within the boundaries of RFMU receiving lands, subject to the Deleted: G:\LDC AMENDMENTS\CURRENT 50 following: WORK\TELECOMMUNICATION TOWER UPDATE 51 (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCYt24 Exhibit A - Public Email 1 (1) Allowable Uses: 2 3 4 5 (b) CONDITIONAL USES 1 through 5, 7, and 10 identified 6 in section 2.03.08A.2.a.(3)(c), when specifically identified in, 7 and approved as part of a RURAL VILLAGE PUD. 8 9 10 11 3. Neutral lands. Neutral lands have been identified for limited semi -rural 12 residential development. Available data indicates that neutral lands have a higher 13 ratio of native vegetation, and thus higher habitat values, than lands designated 14 as RFMU receiving lands, but these values do not approach those of RFMU 15 sending lands. Therefore, these lands are appropriate for limited development, if 16 such development is directed away from existing native vegetation and habitat. 17 Within neutral lands, the following standards shall apply: 18 19 a. Allowable uses. The following uses are permitted as of right: 20 21 22 23 (3) Conditional uses. The following uses are permissible as conditional 24 uses subject to the standards and procedures established in 25 LDC section 10.08.00. 26 27 28 29 (k) Earth mining and extraction and related processing. 30 31 (l) Wireless communication facilities, subject to LDC section 32 5.05.09. 33 34 35 36 4. RFMU sending lands. RFMU sending lands are those lands that have the highest 37 degree of environmental value and sensitivity and generally include 38 significant wetlands, uplands, and habitat for listed species. RFMU sending 39 lands are the principal target for preservation and conservation. Density may be 40 transferred from RFMU sending lands as provided in LDC section 2.03.07 DA.c. 41 All NRPAs within the RFMU district are also RFMU sending lands. With the 42 exception of specific provisions applicable only to NBMO neutral lands, the 43 following standards shall apply within all RFMU sending lands: 44 45 a. Allowable uses where TDR credits have not been severed. 46 47 48 49 (3) Conditional uses. Deleted: G:\LDC AMENDMENTS\CURRENT 50 WORK\TELECOMMUNICATION TOWER UPDATE 51 * * * * * (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx25 Exhibit A - Public Email (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. (e) Wireless communication facilities, subject to LDC section 5.05.09. Allowable uses where TDR credits have been severed. (2) Conditional uses: (b) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non -environmental site development plan review procedures. Directional -drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. (c) Wireless communication facilities, subject to LDC section Deleted: G:\LDC AMENDMENTS\CURRENT 5.05.09. WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx26 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 51 Exhibit A - Public Email (ed) Conditional use approval criteria: In addition to the criteria set forth in section 10.08.00 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU sending lands: * * * * * * * * * * * * * # # # # # # # # # # # # # 2.03.09 - Open Space Zoning Districts * * * * * * * * * * * * * B. Conservation District "CON". The purpose and intent of the conservation district "CON" is to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON district must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON District includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier -Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON District to require review of all development proposed within the CON District to ensure that the inherent value of the County's natural resources is not destroyed or unacceptably altered. The CON District corresponds to and implements the conservation land use designation on the future land use map of the Collier County GMP. C. Conditional uses. The following uses are permitted as conditional uses in the CON, subject to the standards and procedures established in LDC section 10.08.00 and further subject to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. 4. Staff housing in conjunction with safety service facilities and essential services. 5. Wireless communication facilities, subject to LDC section 5.05.09. * * * * * * * * * * * * * Deleted: G:\LDC AMENDMENTS\CURRENT # # # # # # # # # # # # # WORK\TELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx27 Exhibit A - Public Email 1 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 2 3 4 5 D. Exemptions and exclusions from design standards. 6 7 1. The height limitations contained in LDC subsection 4.02.01 A. Table 2. Building 8 Dimension Standards for Principal Uses in Base Zoning Districts do not apply to 9 infrastructure in support of the building, such as mechanical penthouses, elevator 10 shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, 11 cupolas, flagpoles, antennas, wireless communication 12 facilities, water tanks, fire towers when operated by a branch of government, 13 ventilators, chimneys, feed storage structures, silos, windmills, airport control 14 towers, or other appurtenances placed above the roof level and not intended for 15 human occupancy or for commercial purposes as provided below: 16 17 18 # # # # # # # # # # # # # 19 20 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts 21 22 23 24 H. Exceptions from public hearing requirements. The County Manager or designee may 25 administratively approve a site alteration plan or site development plan for land designated 26 ST or ACSC-ST without the public hearing otherwise required by this section if: 27 28 29 30 4. Site alteration or site development around existing GOMMURiGatiOR towers wireless 31 communication facilities to expand or construct accessory structures associated 32 with an already existing tower facility, not to exceed five acres. 33 34 35 # # # # # # # # # # # # # 36 37 4.06.05 - General Landscaping Requirements 38 39 40 41 B. Landscaping requirements for industrial and commercial development. For projects 42 subject to architectural design standards, see LDC section 5.05.08 F. for related 43 provisions. 44 45 46 47 2. Wireless Gcommunication tewefsfacilities. See LDC section 5.05.09 for landscape 48 requirements that are specific to wireless communication facilities. An 8-feet high, Deleted: G:\LDC AMENDMENTS\CURRENT 49 WORK\TELECOMMUNICATION TOWER UPDATE 50 that surrounds a tower base in addition, landsGaping Fn st be leGated on +ti^ / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).Dm 28 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 Exhibit A - Public Email # # # # # # # # # # # # # 4.08.06 - SSA Designation B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one or more Land Use Layers are removed and that are designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses not expressly identified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated. 4. Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix set forth below. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have Deleted: G:\LDC AMENDMENTS\CURRENT his/her land designated as an SSA determines how many of the Land Use Layers WORK\TELECOMMUNICATION TOWER UPDATE are to be removed from the designated lands. A Land Use Layer can only be (09 27-2023) ALLREVISIONSCYVIIEW\WC LDCA x C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).Dm 29 Exhibit A - Public Email 1 removed in its entirety (all associated activities/land use are removed), and Layers 2 shall be removed sequentially and cumulatively in the order listed below. 3 4 5 6 b. Land Use Matrix 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 Resident General Earth Recreati Agricult Agricult Agriculture Conser ial Land Conditional Mining onal ure ure - Group 2 vation, Uses Uses and Uses Group Support Restor Process 1 Uses ation ing and Uses Natural Resour ces * * * * * * * * * * * * * Wireless Essent Gcommunicati ial ons service tewefsfacilitie s (P s (P)(CU) and CU) # # # # # # # # # # # # # 5.05.09 — Comm nmeatmens Towers Wireless Communication Facilities A. Purpose and intent. The purpose and intent of this section is to regulate the sitin construction, and modification of wireless communication facilities in the unincorporated area of Collier County, to minimize adverse impacts to adjacent and nearby properties and to otherwise protect the public health, safety, and welfare, while accommodating the growing need for wireless communication services. B. Applicability. These regulations are applicable to wireless communication facilities located within the County, excluding those of a governmental entity where such facilities are utilized to provide intra-governmental communications not generally available to the public, to protect the health, safety, and welfare of the public. C. Exemptions. This LDC section shall regulate the location, construction, and modification of wireless communication facilities within the County for the following: 1. Noncommercial freestanding and structure -mounted "receive only" antennas that receive direct broadcast satellite service or video programming services via multi- Deleted: G:\LDC AMENDMENTS\CURRENT point distribution services, which are one meter or less in diameter in residential WORK\TELECOMMUNICATION TOWER UPDATE zoning districts and three meters or less in diameter in nonresidential zoning (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt30 Exhibit A - Public Email 1 districts. These Antennas shall meet all other requirements of the zoning district 2 as set forth in the LDC. 3 4 2. Amateur radio antennas and any tower to support the antenna that is owned and 5 operated by a federally licensed amateur radio station operator used exclusively 6 for noncommercial purposes. 7 8 3. Any tower or antenna that is owned, operated, or licensed by the Federal Aviation 9 Administration (FAA) and used exclusively for aircraft navigation (NAVAIDS). 10 11 4. Any antenna and any tower to support the antenna, not greater than 35 feet in 12 height, and used exclusively as an accessory use to Essential Services. 13 14 5. Wireless communication facilities within County Rights -of -Way as set forth in the 15 Code of Laws and Ordinances, Chapter 110. Article V. Communications Facilities 16 in the County Rights -of -Way. 17 18 D. Definitions specific to LDC section 5.05.09. 19 20 1. Alternative Tower Structure means manmade trees, clock towers, bell towers, 21 steeples, light poles and similar alternative -design mounting structures that 22 accommodate, camouflage, minimize, or conceal the presence of wireless 23 communication facility equipment. This does not include existing structures 24 erected for another primary purpose, but which subsequently have antennas 25 attached to or located within them, without any reconstruction of the original 26 structure. 27 28 2. Antenna means a transmitting and/or receiving device mounted on a tower, 29 building, or structure and used in wireless communication services that radiates or 30 captures electromagnetic waves, digital signal, analog signals, and radio 31 frequencies. Antennas include, but are not limited to, directional antennas such as 32 panel and microwave dish antennas, omni-directional antennas such as whips. 33 radar antennas, amateur radio antennas, and satellite earth stations. 34 35 3. Rooftop or Building Mounted Facility means antennas that are attached to an 36 existing non -tower rooftop, structure, or building. The Facility includes all Support 37 Facilities regardless of where they are located with respect to the antennas. 38 39 4. Search Radius Area means the limited area certified by the provider's Radio 40 Frequency Engineer within which the proposed wireless communication facility 41 needs to be located in order to resolve the provider's coverage and/or capacity 42 issues in the surrounding area. There is not a standard numeric distance for a 43 search radius, but instead the search radius for a particular site depends on many 44 factors including, but not limited to, population to be served, geography, and 45 topography. 46 47 5. Support Facilities means any on -site or off -site building, cabinet, or equipment 48 enclosure that houses the electronics, backup power, power generators, and other 49 freestanding equipment associated with the operation of a Wireless 50 Communication Facility. 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DmC 31 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 1 6. Temporary Wireless Communication Facility means any tower, pole, cell-on- 2 wheels (COW), and/or tower -on -wheels antenna designed for use while a 3 permanent wireless communication facility is under construction or reconstruction, 4 for a large scale special event or conference, or during a County declared 5 emergency. 6 7 7. Tower means a structure that is designed and constructed for the purpose of 8 supporting one or more antennas, including but not limited to lattice towers, guyed 9 towers, or monopole towers. Except for the abandonment and financial 10 responsibility provisions contained in this section, the term shall not include a pole - II attached antenna. 12 13 8. Tower, Guyed means a tower supported by one or more levels of braided or 14 stranded steel guy cables that anchor to the around. 15 16 9. Tower, Lattice means a freestanding and segmentally designed with rectangular 17 or triangular base steel lattices. 18 19 10. Tower. Monopole means a single pole that can be a tubular section design or a 20 formed, tapered pole. 21 22 11. Wireless Communication Facility (INCH means any equipment or facility used to 23 provide wireless communication services and may include, but is not limited to, 24 antennas, alternative tower structures,guyed towers, lattice towers, monopoles, 25 rooftop or building mounted facilities, and support facilities. Placing a wireless 26 communication facility on an existing structure does not cause the existing 27 structure to become a wireless communication facility. 28 29 12. Wireless Communication Facility Site or Site means the tracts of real property, 30 either owned or leased, on which the wireless communication facility, support 31 facility, and related improvements are located. 32 33 13. Wireless Communication Services means any personal wireless services as 34 defined in the Federal Telecommunications Act of 1996, including but not limited 35 to cellular, personal communications services (PCS), specialized mobile radio 36 (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services 37 that currently exist or that may in the future be developed. 38 39 E. Table of allowable wireless communication facilities by zoning district. 40 41 1. Table 1. identifies the type of wireless communication facility and where it is 42 allowed, either as permitted by right (P) or by Conditional Use (CU) approval. 43 Conditional Uses shall require approval in accordance with the procedures set 44 forth in LDC section 10.08.00. The term "NP" means the tower type is not 45 permitted. 46 47 48 49 50 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).Dm 32 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX 3 4 5 6 7 8 9 10 11 12 13 14 Exhibit A - Public Email Table 1. Allowable wireless communication facilities by zoning district. Zoning District Monopole Guyed, Lattice or Alternative Rooftop or Tower Structures Building Mounted Antenna' P Agricultural E E CU2 RSF-1 NP NP CU CU RSF-2 NP NP CU CU RSF-3 NP NP CU CU RSF-4 NP NP CU CU RSF-5 NP NP CU CU RSF-6 NP NP CU CU Residential RMF-6 NP NP CU CU RMF-12 NP NP CU P RMF-16 NP NP CU P RT CU NP CU P VR CU NP CU P MH CU NP CU P Commercial_ C-1 P P — — —— P ——————- P C-2 C-3 —C--4——————— C-5 TTRVC NP P Industrial P BP Civic and Institutional P P — CF Planned Unit PUD Pursuant to the applicable PUD Ordinance Develo ment Rural Fringe RFMU CU Open Space CON CU Temporary Wireless Communication Towers may be located in all zoning districts on a temporary basis for the purposes stated in LDC section 5.05.09. D.6. 2 See LDC section 5.05.09 H. for additional standards specific to the Estates (E) zoning district. F. Design and development standards. 1. General standards applicable to all types of wireless communication facilities. a. Any new WCF or modification to an existing WCF that requires both a Site Development Plan and building permit review may be processed concurrently but at the applicant's risk. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOcx.33 / Commented [2]: Same prior comment - "Consider changing to CU as some of the C-4 zoning districts abut residential zoned properties. (Specifically see along Airport Rd S.)" Deleted: GALDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.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 51 Exhibit A - Public Email b. Setbacks. Except as otherwise specified within this section, wireless communication facilities must be setback from the rights -of -way and adjacent properties equal to the height of the tower site unless a State of Florida registered engineer submits documentation and certification the fall zone or collapse distance shall be the minimum setback from the property line and rights -of -way. In addition, wireless communication facilities must satisfy the minimum setback requirements of the zoning district as set forth in the LDC, as well as the requirements of this section. C. Security. i. All wireless communication facilities and support facilities shall be secured to prevent public access. ii. Security lighting to protect on -ground facilities/equipment shall be fully shielded and directed away from neighboring properties. d. Sidewalks, bike lane, and pathway requirements. All WCF shall comply with LDC section 6.06.02, except for facilities meeting the following requirements: i. The facility is proposed to be located on a parcel that is currently undeveloped; and ii. The facility is proposed to be located on a leased area that is less than 25 percent of the total parcel area. Such facilities may defer the requirements until the remainder of the parcel is developed through a Site Development Plan. e. Signage. i. Signage must be provided that includes contact information for the facility ii. No commercial signs or advertising shall be allowed. / f. IEmergency backup generators. I An emergency backup generator may operated at jeach wireless communication facility site. The Site / I Development Plan shall identity the location and connection for the emergency backup generator. 1 q. Relief from dimensional standards. The purpose of this section is to I Identify the appropriate process for applicants requesting relief from certain dimensional requirements of the LDC for a proposed WCF. 1 / II/ I�, i. Relief from setbacks. / yceductionS of the required setback distances may be approved through a Variance. J �1 — / C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\fREDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DmC 34 Commented [3]: We understand the concern for wanting backup power however, for tower sites with multiple carriers this could pose day-to-day logistical issues where each carrier is required to install a backup generator. Deleted: is required to be operated on Deleted: ¶ a) Where the wireless communication facility is a permitted use by right, r Commented [4]: For consistency relief from required setback distances should be via Variance regardless of use designation (permitted or conditional) Deleted: ) Where the wireless communication facility requires a Conditional Use, reductions of the required setback distances may be approved as a deviating component through the same Conditional Use request. Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email H. Relief from tower separation requirements. Reductions in the required separation distances may be approved through a Variance. iii. Relief from height limitations. Any WCF that is proposed to exceed the height requirements of this LDC section may be approved through a Variance_ iv. Relief from other related LDC requirements. Wireless communication facilities requesting relief from any other LDC requirement may be approved through a Variance. h. Prohibition. No equipment or materials shall be stored or parked on the site of a wireless communications facility unless used in direct support for repairs of a facility. 2. Standards applicable to all tower facilities. a. Co -location of antennas on towers. i. A tower owner shall permit other wireless communications providers to co -locate facilities on a tower if space and structural capacity exists. However, co -location requirements shall not apply to towers or structures used as power transmission poles or structures owned or operated bV Florida Power and Light or other power companies. H. Facilities shall be constructed to accommodate the minimum number of providers required per maximum facility height requirement, as outlined in Table 2. b. Height limitations. New towers and alternative tower structures shall be subject to the height limitations outlined in Table 2. Table 2. Tower height and co -location requirements. Zoning District of Minimum Number Maximum Facility Height feet' 2 Proposed Tower of Providers to Support Agricultural One 100 Two 130 Three 185 Four 250 All other Zoning Districts One 100 Two 130 Three 185 Deleted: as a deviating component through a Conditional Use request Deleted: as a deviating component through a Conditional Use request. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be additional criterion for Conditional Use approval... 38 39 Lightning rods may exceed the height limitation provided the rods are no greater than 10 Deleted: G:\LDC AMENDMENTS\CURRENT 40 feet in length. WOMTELECOMMUNICATION TOWER UPDATE 41 / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DmC 35 1 2 3 4 5 6 7 8 9 Exhibit A - Public Email 2 A Varianceis required for any wireless communications tower or alternative tower structure Deleted: Conditional Use that does not comply with these requirements pursuant to LDC section 5.05.09 F.1.q. Deleted: permit C. Separation from off -site abutting uses. Towers shall be separated from abutting uses in conformance with the minimum distances specified in Table 3., measured from the outside of the tower base to the property line of the abutting use. Table 3. Tower Separation Requirements from Off -Site Abutting Uses All Tower Types Abutting Land Use Designation Minimum Separation Distance from Abutting Uses Residential Land Uses' or 100% of tower height 2, 3 Estates Zoned Lots All Other Land Uses 50% of tower height2 3 Temporary No restrictions None Wireless Communication Facility ' Excludes residential land uses on Agricultural -zoned lands. 2 If an alternative tower structure is proposed, separation distances shall be reduced to 50% of tower height. 3 The Yarianceg process may be used for al2plications requesting reductions to the _ _ Deleted: Conditional minimum required separation distances in Table 3 pursuant to LDC section 5.05.09 Deleted: Use F.1•g• d. Migratory birds and other wildlife considerations. i. Wireless communication facility towers. Each new tower that will exceed a height of 75 feet (above ground), but will not exceed a height of 199 feet above natural grade, shall not be guyed. ii. Bird diverter devices. Each guyed tower greater than 75 feet in height above natural grade, shall have installed and maintained bird diverter devices on each guy wire. Habitat loss. In addition to the reauirements in Chapters 3 and 10 towers and support facilities shall be designed, sited, and constructed to minimize habitat loss within the WCF site. At such sites, road access and fencing shall be designed and located to minimize on -site and adjacent habitat fragmentation and/or disturbances. e. Design. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).Dm 36 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email i. Towers, not including alternative tower structures, shall maintain a galvanized gray finish or other approved compatible color, except as required by federal rules or regulations. f. Lighting. i. No signals, lights, or illumination shall be permitted unless required by the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required the by FAA, the alternatives chosen shall be the least obtrusive to the surrounding community. ii. Site lighting (not required by FAA) shall be elevated less than 20 feet above grade, fully shielded, and directed downward away from neighboring properties. q. Screening. Wireless communication facilities and support facilities shall be screened with landscaping and a wall, fence, or combination of both. The wall or fence shall be 100 percent opaque with a minimum height of 8 feet and maximum height of 10 feet. The wall or fence shall be designed to ensure that no unauthorized persons can access the facility. Barbed wire is not a permitted material. ii. Equipment cabinets. The overall height of ground -mounted equipment or equipment enclosure shall not exceed 12 feet. iii. Landscaping. A minimum 10-foot wide Type A buffer along the outside perimeter of the wall or fence shall be required. Tree plantings within the buffer shall be 12 feet in height at time of planting. a) Existing, native vegetation on the subject site can be used to meet these screening requirements. If native vegetation is present but not dense enough to meet the requirements, supplemental landscaping must be used to meet the screening requirements. b) At the discretion of the County Manager or designee, some or all of these landscape buffering requirements may be displaced to a road right-of-way landscape buffer located within the parcel when it better screens the tower. h. Access and parking. Each wireless communication facility site shall have access from a paved or unpaved driveway or access easement. The driveway shall extend to an appropriate location on the premises to accommodate a vehicle to be parked at the facility for normal maintenance. One parking space shall be provided for each facility, and new towers exceeding 185 feet in height shall require a minimum of two parking Spaces. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DmC 37 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 3. Standards applicable to all rooftop or building mounted facilities. a. Rooftop equipment shall not occupy more than 25 percent of the roof area and shall comply with the exterior building and site design standards. b. Height limitations. 8 9 i. Facilities located on a rooftop, structure, or building with a maximum 10 roofline of 20 feet or greater (measured from the average natural 11 grade) shall be permitted to have a maximum height of 20 feet 12 above the maximum roofline. 13 14 H. Facilities located on a building or structure with a maximum roofline 15 less than 20 feet (measured from the average natural grade) shall 16 be permitted to have a maximum height equal to the height of the 17 maximum roofline. 18 19 iii. Any facility that is proposed to exceed the height requirements, as 20 provided herein, may be approved as a deviating component 21 through a Conditional Use request pursuant to LDC section 5.05.09 22 F.1.g. Distance from RSF-1 through RSF-6, and RMF-6 zoning 23 districts shall be additional criterion for Conditional Use approval. 24 25 C. Facilities shall be set back from the closest outer edge of the roof a distance 26 of not less than 10 percent of the rooftop length and width, but not less than 27 five feet. 28 29 d. Antenna structures and dish type antennas shall use camouflage 30 techniques that incorporate architectural treatment to conceal or screen 31 their presence from public view through design to unobtrusively blend in 32 aesthetically with the surrounding environment. 33 34 e. Except for antennas that cannot be seen from street level, such as panel 35 antennas on parapet walls, antennas shall not extend out beyond the 36 vertical plane of any exterior wall. 37 38 f. The design elements of the building (i.e., parapet wall, screen enclosures, 39 other mechanical equipment) shall be used to screen the wireless 40 communication facility and support facility. 41 42 q. Co -location is not required for rooftop or building mounted facilities. 43 44 G. Publicly owned property. The applicant of a WCF may proceed at their own risk with the 45 submittal of an application for a WCF located on County -owned lands without having a 46 fully executed agreement or lease in place with the County: however, no development 47 order shall be issued bV the County until such agreement or lease has been fully executed. 48 All terms and provisions of the agreement or lease shall be in a form that is acceptable to 49 the County Attorney, including a release from the County of all liability regarding the WCF. 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).Dm 38 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 1 1. Height limitations for wireless communication facilities on property owned, leased, 2 or otherwise controlled by public entities, including but not limited to federal, state, 3 and/or County entities shall be as follows: 4 5 a. Facilities that are 185 feet or less in height are a permitted use by right in 6 all zoning districts. 7 8 b. Facilities that are greater than 185 feet in height shall require a Conditional 9 Use. 10 11 C. Facilities utilizing this exemption must meet all separation requirements of 12 LDC section 5.05.09 F.2.d. and Airport Overlay regulations in the LDC. 13 14 H. Wireless communication facilities in the Estates (E) Zoning District. 15 16 Wireless communication facilities are allowed on parcels designated in the Urban or Rural 17 Golden Gate Estates Sub -element in the Golden Gate Area Master Plan and are subject 18 to the following: 19 20 1. The parcel shall be a minimum 2.25 acres and adjacent to an arterial or collector 21 road. 22 23 2. The wireless communication services provider has provided evidence that the 24 service provider's search radius for the tower location requires placement of the 25 tower in the Estates Zoning District to meet its coverage requirements and that the 26 WCF cannot be co -located on an existing tower and provide the same quality 27 service coverage. 28 29 I. Application requirements in addition to the requirements of LDC section 10.02.00. 30 31 1. Supplemental tower application requirements. 32 33 a. Evidence from a Radio Frequency Engineer that the proposed facilities 34 cannot be installed on another structure in Collier County and shall be 35 located at the proposed site to meet coverage requirements with a 36 composite propagation study illustrating, graphically, existing, and 37 proposed coverage in industry -accepted median received signal ranges. 38 39 b. If co -location is not available, the applicant shall submit an affidavit stating 40 that the applicant made diligent efforts for permission to install or co -locate 41 the facilities on all existing support structures located within the search 42 radius for the proposed facility. The applicant shall establish in the 43 application that: they are unable to provide service at existing sites nearby; 44 no other existing structure is available (including utility poles); and that no 45 reasonable alternative technology can accommodate the facility due to one 46 or more of the following factors: 47 48 i. Insufficient height to allow the facility to function reasonably in parity 49 with similar facilities; 50 51 H. Insufficient structural strength to support the facility; C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DmC 39 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 2 iii. Insufficient space to allow the facility to function effectively and 3 reasonably in parity with similar equipment; 4 5 iv. Resulting electromagnetic interference which cannot reasonably be 6 corrected; 7 8 V. Unavailability of a reasonable leasing agreement l(a leasing 9 agreement is presumed reasonable if, fees and costs for sharing would exceed the 10 cost of a new communication tower amortized over a 25-year period)); and/or _ _ , commented [5]: There needs to be some measure of 11 reasonableness otherwise planning staff and 12 yl. Other limiting factors. appointed/elected bodies are left to interpret the costs of 13 wireless telecommunication lease rates. 14 2. Supplemental rooftop or building mounted application requirements. 15 16 a. These facilities shall require a Site Development Plan approval, pursuant 17 to LDC subsection 10.02.03 E or F. 18 19 J. Modifications and replacements. 20 21 1. Owners of existing facilities shall comply with the procedures herein to replace or 22 re -locate a facility, co -locate an antenna on a facility, or expand a wireless 23 communication facility. 24 25 2. Any increase in height requires a building permit and may only be permitted if 26 within the allowable height unless approved by Conditional Use pursuant to LDC 27 section 5.05.09 F.1.g. 28 29 K. Routine maintenance. Routine maintenance, which includes readiusting antenna heights 30 or locations and adding new antennas, shall be permitted on existing and new WCF. New 31 construction other than routine maintenance on an existing facility shall comply with the 32 requirements of this LDC section. 33 34 L. Inspections. 35 36 1. Collier County may, upon a 30-day notice to the wireless communication facility 37 owner, request to inspect any wireless communication facility to ensure its 38 structural integrity. The owner or owner's representative shall be present at all 39 times during the inspection. If the County determines that the facility fails to comply 40 with any applicable codes or standards and that such failure constitutes a danger 41 to persons or property, the owner shall receive written notice that they have 60 42 days to bring the facility into compliance with the applicable codes and standards. 43 Owner shall provide proof of compliance with written affidavit. Failure to bring the 44 facility into compliance within 60 days shall constitute cause for the removal of the 45 structure or facility at the owner's expense. 46 47 2. All guyed towers exceeding 185 feet in height shall be inspected every three years. 48 Self-supporting towers shall be inspected every five years. Each inspection shall 49 be conducted by a qualified professional engineer or other qualified professional Deleted: G:\LDC AMENDMENTS\CURRENT 50 inspector, and any inspector -recommended repairs and/or maintenance should be / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).Dm 40 Exhibit A - Public Email completed without unnecessary delay. At a minimum, each inspection shall include the following: a. Tower structure: Including bolts, loose, or damaged members, and signs of unusual stress or vibration. 7 b. Guy wires and fittings: Check for age, strength, rust, wear, general 8 condition, and any other signs of possible failure. 9 10 C. Guy anchors and foundations: Assess for cracks in concrete, signs of 11 corrosion, erosion, movement, secure hardware, and general site 12 condition. 13 14 d. Condition of antennas, transmission lines, lighting, painting, insulators, 15 fencing, grounding, and elevator, if any. 16 17 e. For guyed towers: Tower vertical alignment and guy wire tension (both 18 required tension and present tension). 19 20 M. Abandonment. 21 22 1. Collier County may require removal of any abandoned or unused wireless 23 communications facility by the owner within 60 calendar days of confirming 24 abandonment. A WCF shall be considered abandoned if use has been 25 discontinued for 180 consecutive calendar days as determined by Collier Counter. 26 27 2. Where a WCF is abandoned but not removed within the specified timeframe, the 28 County may remove it and place a lien on the property following procedures for 29 demolition of an unsafe structure. 30 31 3. Where a WCF is utilized for other purposes, including but not limited to, lighting 32 standards and power poles it shall not be considered abandoned if still being 33 maintained in good condition. 34 35 4. Where a WCF is removed by an owner, the owner shall restore the area to as good 36 of a condition as prior to the placement of the facility, unless otherwise instructed 37 by Collier County. 38 39 40 41 I+aaited te, tetephene televisieR, ad•n eF PAOGF64wavp«.^ ;"'c star ^is 42 standards fGF GonStFUGtion and fadities siting; and is intended to Fn'n'mwze, where 43 44 to damage to from towe and vegetation SGreening; ave'd potential aEqaGent properties 45 fa'IWFej fn maximize the of n reified new remmwRiGatieR tewe Fs and, fhn.nh., fc. wise 46 47 o:fnc; fn n fhn Appd for ;4d difienal t9wer sites; to les6en impaIsts Rew ground 48 fc,WeFG U Icd have ^ ^ h:.cds. t rnoWRted on migFatory and Other of prevent 49 , 50 51 C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).Dm 41 / Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 7 2. Fneans a rado us of 6 moles from the respeGtwve teweF unless a lesser 8 radius approved-. 9 10 3. Lesser e#eGtive radius rneansan approved radius efless than 6 miles, 11 12 4."Unavailable re the (:Gant' meaRs to wer .,,a mower .,-�c. +h �+ GanRot a669t odate the 13 nlieant's n ord antenna o site that n e+ n o Jn+ the n nl'oant's 14 tower, antenna and related fao'I:ties 15 16 5. 41ahle" e s that n additional tower o site o sit.. i available to 17 awe. 18 19 G. Migratory B'Fdsan.d ether Wildlife GORsidGia*'ORS. 20 21 22 gFeund r anted +e..,egs intenrderd n e(s)oh n gFeun,d m ,nto J to..,or 23 that wall e e.d a height of 76 feet (above gFGWn.d)xGlusiye of antennas but ..,ill 24 REA exGeed a height of 199 feet above Ratural grade, exGlusive of aRteRRas, should- 25 got he guyed. If the a nlisant proposes that a Rew gFOUn.d m ,rated tower within 26 this height PaRga he guyed, the a nHsant shall have the burden of n g the 27 ReGessity of gUyi g the tower. 28 29 2. Bird nhe4er- €ash P�ew ;FewR d , ,nte,d guyed tower installed GR GF afte 30 February 20 2004 eater+hen 76 fee+'n height ahove nahiral grade, xGluSiye 31 32 wore (to reduGe'n es to flying h'r,-ls\ 33 34 Habitat a,d,diti n to +h Chan+ Rd 0n +e.., and 3. kla Loss. e�-e�er�er�ts-ire-o�,n,�eFs� ^ e�s� 35 other OR site fadlities shall be deSigRed, sited, and GORstFuGted to FR'Rimize habitat 36 lens 'thin the tower footprint At sL IGh sit es, tes and awpess-and feneinn +e the °.tent 37 38 ,d(or dl, n;t-whannes 39 40 4. _s;esi' 4r, , Lig#tn,gWgen feasible, sesuF lighting - to pFe<+esten gFe d 41 fas'I'+'es/egu'pmept shall he ide..,n shielded +e tn, +e keep such light within the 42 outermost g phi° boundariesof the tower's fee+prin+ 43 44 D. Shared use of towers. A tower w'th a height in exeess of 185 feet above natural grade 45 shall net he appFeved, unle66 the applicant demonstrates that no old or approved towe 46 47 o'Ilar., equipment. Te..,ers o erd by or Ieased to aRy n+ a pt frem _FG 48 these shared useprovisions,ept as to sharing with other governments 49 50 i. For the -puFpeseofd+ ailahility for use of tGWersS_Wi+hurt+heeffeEt"Ve 51 radius, the appliGaRt shall GORtaGt the GWReF of all old and approved towers, w'th'i4 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt42 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX / Exhibit A - Public Email 21 22 RGFeased by s al n elifioatien o o+her w IGh FReaRS 184 be. sidered 23 IR de e e 'eSSeF effeG+x veradius. The aRteRRa Maa.aR ufaGtLAFcF'6 24 25 n the eif'e 26 27 3. if aR approved tower with'R the app"GaRt'S approved effeGtive radius may have 28 29 +e..,nr shell ee+ he n ele+e ..,i+hel It +he felle..,ien iefe FFAatien r arrlieo ensh 30 31 for old towers to the extent it n n he oh+aieerl 32 33 ldentifioatioe of the site of ensh possibly available tower by n or,Jiea+en street 34 addFess er legal deserietiee is+iee , Rd +ewer height 35 36 \l1(he+her shared a by the a elionn+ of the +e..,or in rehihi+ell /or is e+ feasihle\ 37 for aRyreaSOR. 38 39 If '+ ha,; heen dQtwm'n Qd that +he +ewer nwnpr Will alley., o+r e+ ral shanties 40 .,h n+hor +ho +e..,er GaR edate the e.l e+ennn ifFPASARAMP 41 $ o+rnl r nl ehnAogne6 ar ells If n the n e"ene+ shell n e!f., What 64 1eW4 42 shames would he required and napproximation of the nests of Sash shnanes If 43 }1}eGooStS At the KeoU_ed e eG are fin�nnnornllll.!m ne+!enhle n eh +o..,er shall ho 44 deemed ailahle to the n elisae+ 45 4. The capp"GaRt Shall eom�n-pnta'Arrrr+a et +heevr'rteF of ea Gin--pee6siblya ,aeuilablhlea ed tee,orwe 46 to request the needed infermatien Te a nhle the tGWer e r +e r ORd the 47 48 aRteRRa and eqUdpMeRt. 49 50 a All output freqUa of transmitter 51 C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCx43 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX / Exhibit A - Public Email 8 9 e Range :e feet of maximum and miRimum height of antenna above base of 10 tower. 11 12 f. A lost Of Resessary a Gillary en+ n,+ desEtypef 13 tra asminsiea eahlo to hp e,d 14 15 9 Any ether oert:eeat •nfermatien needed to enable the e r to r and 16 full to the 17 18 E. Shared use of t9weF 6'tes. A toweF with a height OR eXGe66 of 185 feet above natural grade 19 20 pFepesed te..,er ntenaas and a strue; -res o wises A-apnot bee. leea+e,d on an 21 GORfOFFRaRg old sate or approved site situated with'R the effeGtive radows. sites ewRed by 22 any 9eyemm-epte_.r leasedtee—a y gevemmeRt—ae exempt from these shared ems' 23 PFOVOSOORS e eat to other goVe en+s 24 25 i €*Cept-as to eachold site or approved site deters =.ed by the CO my Harrier E) 26 27 shall aontao++he o e of all other conform Rg old sites an, -I a e.d tower sites 28 29 the n ells of the a oliea Rt 30 31 2. For each such possiblyavailable tower sites e app "cads., for � a�r Row tower site 32 shall not he o nlete without the fo"GW'oo information- 33 34 a IdeaHfieatiea of the e e,d a ., tower site by eeerrGnates street ad dress 35 or legal rdesorintian a 'sting uses, tenearanh., ands nifioan+ Rat oral 37 38 C.,i,denee that w4 alyd and a ,ed tewer site ,.,'+hie the effeeti.,e rarli- n 39 GaR aGGOMmodate+he nnliean+'s needs 40 41 8 If tho 9AXAPF of as AM ta..,er CAP ,dog got r and to the a l:eaat's s oale 42 letter of interest inquiFy within thirty (30) days, r the owner of a old tower 43 s• willo+ eat land to the olieaat's needs far 44 Feasonable n e,d of time at reasonable rentals, oh old tower she shall 45 be ,deemed unavailable to the a nl'e n+ 46 47 d. The app "GaRt RE)tTeqUiFed to supply z i604erma+i +a owners f 48 GORfOFMORg old sites W oless the old site appears to he a ailable to the 49 o"Gant by a 6harerd use plan ar the site's a r has r en,de,d o 6iti.,el., 50 to the --a app:vant'sinitial letter of i To e able the site r +a 51 e n d +he a nlioant shall provide the site o r (anal the oWReF of aR C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt44 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE / (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 1 te,yer .,., the site) with the rfi Repsineal nharanteristdGS and other rele.,apt 2 data ahe-A the te..,er and a Feper+frew a refenniepal n r Iinensed 'p 3 the State of Floridaer ether qualified expert, ,-IonWmeetipe the folloWiRg: 4 5 e tower height Rd desiep, GIwdip tenhpival Rd n+her 6 ehinent fan+ern n n+he into AGIP-d Rd'e lse+inn of+he p ed 7 desinp An nln..n+inn a -Rd arress entipn of the +n..,prn tr.-At. ire shall he 9 10 f. Total ate f the tower, nG'ud'Rn Sher and types of 11 steam' ap.f n e.f., 1 +rapnmin nine lip UGeReeds i nl lips 12 13 paFkiRg n e+W a ',ateSAPAP 14 15 9. EVo dense of s+ruptural intenrit., of the p ed te..,er as red by the 16 bu'ld�;g Aida!! and for metal towers, a sta+eme PFE)M'S'Rg fLA 17 GeFRpliapne ..,ith +he thnp latest e.fi+ie of the ntapllarrin published by the 18 €}es{r n l„sErics—nssec eRtiy=cr/ TI �222 ��er�c+$ 19 r f''.entieval n alept as , he a Rded fer Ienal a plinatinp 20 21 3. if the site eWReF, OF E)WRer ef a tE)WeF OR the respeGtoVe site, asserts that the site 22 nt appammedate the a plinap+'n Reeds, the r en+i.,e awReF shall n vif., OR 23 24 evtept iefnr.natine i GLIrreRt aprt r.e.rrenc.t in the r en+i.,e tE)Wer site's a ,ed 25 skied use plaR, the site E)WReF OF to,.,er E)wneF GaR refer the a pl'n nt to the 26 27 shall be brought up to date immediately by the GWReF and the wFitteR Feply to the 28 app"GaRt shall speG'fy to what eXteRt the shared use plaR 29 or e+herwine net up to data 30 31 4. No provision on a skied use plan and lease, rneFtgage, option to puFGhase,ease 32 ep+inn' p+ran+ fer deed, or other noptrollien rlon� �Mept shall p .,ide r have the 33 effent that the site i ..GL usi.,e to one (1 ) tower, unless there i good reason fer 34 GLIGh res+rin+ien n+her +hnn the p p+inn of n e+i+inn n a desire n ORAIffiRatleR 35 RGt tte Gooperate lR good faith If the site sizeh.,sinally .f Ientrinall., 36 patihle with +he lasts llatieAR site of nRy eth r +e..,er n GLInh .inn, McRt shall 37 preVeRt ether towers eXGept far reaSORs approved by the GE) apt., Mapaner or 38 39 . 40 41 42 e)(Gept towers that are approved to be perpetually unavailable, shall be designed to 43 GtFLIGWFallyn ,ate MaxMurAp+ of a f npal p+npna nit., 44 reasonably praGt'Gable. Although it is not required that a new tower be GonstruGted a 45 46 47 48 49 1, Rhared use plapn Canh shared use plan shall he in a st;;Rdard fern.at that hnn 50 51 SpeGnfy 'R detail to ,.,hat e teet there exists to, Rd/or site nit., to C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt45 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX / 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 Exhibit A - Public Email C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt46 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX / Exhibit A - Public Email 1 f. A site de4elep e"pT cncprnTchall be submitted fGF FeVieW Rd approval if aR 2 iR tGWer height FeqUiFeG plaGe p+ of, a ardrdi+!Wn +W p+Wppa 3 4 5 5. Fd'dRg shared use plays Canh approved shared use play shall he filed p,-d 6 rpAArdpd in +hp Offonp Wf +hp relllw rW n+., rle* of Geer+ n r +W aRy site 7 dW.,elepmep+ plan a ,al n nGPY of+he iRklal 6harerd use plan shall he filed with 8 and approved by, the COURt., Manager r .desigReW r +W R&'Waal use 9 appreval. 10 11 6. Shwed use p',ansfo; e',d-f^:rers ;;Rd nld +e..,er sites. .'n;+ial sh;arQd Bep',ans and 12 arneRdMeRtS for old towers require approval of the COURty MaRageF or deSdgRee. 13 Initial ;harpd --se plans anrd a nrdmep+s fer elyd +WyOer sites requiFe appFeval of 14 the larr eXGept a eRdmep+ redUGes Me andlor ap+eppa n art., 15 28 RE)RGGRfGFFRlRg. The shared use plaR shall be immediately updated te Fef'eGt eaGh 29 30 31 9. For each tower with a him+ in e*cess of 185 feet that is approved, hetawer 32 33 plan p+hen a government tower is approved .., to he perpetually Unavailable. 34 TA +hp e..+p.n+that +here 'n ty far ether ap+epnas Wn the +e.yer the plan shall 35 36 37 38 shared play R d shall he a pldeld W nh +imW +he ra+Ws Are nhannerl when 39 an+eppa spaGe Ana toyier Isrented +e ethers, eanh rental agreement shall he filed 40 .,f+h +he sharpd use plan nn., a n++ha+ n ehs +e reGeFVe p+enpa n paGe 41 fer f-A� ire use Us+ be a ,erd h., the rep gyp+., Manager er ldesig Ren 42 10. For eaGh new shared use tower site that is approved, the owner shall be required, 43 n.di+iep of a al +e file a e!d 6harerd UGe Play p+ as +e a 44 government site that is approved to be perpetually unavailable. if there is l� lannd 45 avaffilahlp, Wn +hW s iW +W a W!d +W ardrditiARal +W..,ers anrd aGGeSSGFY fanili+inn 46 47 a f f i Wpal fanili+ies Wn +he s!+W a+ r -.hlW rents (era FaRge of r able reps) 48 49 eR the site, the FeRt l agreemeRt shall he filled with the shared play nRy 50 51 spaGe must be approved by the GGLIRty MaRageF OF deSdgR88. C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt47 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 2 111. €aen-rtew +�wre.r A..,^e.r AI: site Aw' eras theGa6eFnay be,6hall agFee, as -a 3 p.Ji+iop of al +o . Rd, dR .,.. ,.i+iehepsi.,e rRaRReF .�i+hip 4 thir+., (30 days) to ash entfor informatien frem petep+ial shared 5 appliGaRt. GE)Verpmep+E)WReFS Reed +o pl., ply +o Fequests from o+her 6 geyemmeRt. Te the e.hont that n n+ anal p +e .late ipfarmation pentained 7 aH appFeved shared use plan the owReF may refer the a plinan++e the shared. 8 plan for the nforrna+ion If the shared use ppllnaR ���n�rTeE rCpmpl or e+ U p to dato the shall, the ., 9 et�ierW;se e�espest',T�e��,.P,er se�-espo ;se'fR, 10 detail nh inforrnatiop Rd shall immediately bring the shared u plan up to 11 dale 12 13 1. P. Thetal.veF A_00 e1: eF site w,er, the Gase FRay be, shall, 1, as -a of 14 approval, Regotiate dR good faith for shared HGe Of tGWeF SpaGe andior site spaGe 15 by a plinants Oapperdampe with its shared u plap 16 17 12, Ali n RditleRG ef appFevalTpryaFdoRga tey.ger shall r .,ifh the A ,peKship of the +hie 18 te..,er anal he hoRd!Rg a all sub6equen+ o of +he +o..,or All n n.di+ipps of 19 approval regardiRg aR appreved tower site shall FUR with the Iand and be bdRdiRg 20 eR all s uhseg eat AA.A.,Rers of the tower site 21 22 G. DeVelepm„erRt stA-�RWGI f9Fnatiep to..,eKs. 23 24 1. Except +e the extent that amateur ra.+i stow+.,,.,er and o Rd m n+ed antenna-,; 25 with a height po++o a ed tWeRty (20) feet, are exempted by s hsen+'on G 05 09 26 hereip RG .,+o,.,er of a , height shall he p mitten ip the DQC 1 through DCC 27 L RMC F \/D MLJ T-T-RVG, Rd C ZGRlRg distiicisHE),., potwi+hstaprd'Rg o+chef 28 29 G 05 09 r_ 7 halo.., tewers m he allewed to any height a a Rdltienal use On 30 31 Gate Estates Sub Clement in the Golden Gate Area Master Plane sites approved 32 fer a speGffied BSSeRtial sepAise listed lR swbseGtlE)R 5.05.09 G.3. below. There shall 33 he n ep+inn to this suhsen+inn n ept for n nrdi+ional use plina+ions by a 34 gevemmeRt for a geyemp%n+al , 35 36 2. PermittedgreuRd meaRledtnweFs. A- ,eKsript e*seediRg t"e-dated Maximum 37 heights are a permitted use, subjeGt to other appliGable PPOV'SiORS of this SeGtdGR, 38 4 RG161diRg 6 rd rate r en+s apshared use pFevO609R6. +e..,ors that a eed 39 these s d fled m .n heights requireordainee with sea+inn 40 9.94.00. 41 a All remmpwpoal ap.f inrl��ntrial a g ldintrints and 61rhan ldesigpa+ed aFea 42 agFOGUitural zoning rdintrintS: An., tower p to seventy five (75) feet in height 43 Is a peFmitted w6e, pFe.,irderd the have of n, -ph +ewer in 6 a+ed a 44 dis+anne of seventy five (75) feet from thenearest boundary with a paFGel 45 of land e!d DCC 1 threugh DCC F DNAC F C DMC 12 DMC 16DT \/D 46 NMH TTD\// r PIJD p mi++ipg six /frcsidep+ial wellipggUpmri+s 6rr'cless 47 Ap., tower that o o In ;pA0pRty five (75) feet in height p to a height of 48 185 (feet, 's a la�•�mv'f,ul JSe, GRIY if permitted or o+hep.,'s provaried 'p the 49 enti.,e g rdintrin+ anrd the have of sunh tewe ra+o.d frem the 50 Rearest ho Rdary of an., p el of DQC 1 through DQC 6 D�AC 51 OTD�AC 17 D�AC 16 DT \/D �ALJ r DI Ir1 ov;-sliE 7 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA (09-27-20231 ALL REVISIONS CLEAN (002).DOCx48 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 1 2 by multiplying the height of the tGWer /in feet) by a fan+or of +...o anrt ARP 3 half 25\ (The MiNFRUMratigp rlistapne is tWG and o e half M t/_\ 4 times +ho height of the teWer ) t9Wern .,high .fo no+ M o+ +ho n ration 5 requdFeMeRt m ply for a vardaRGe dRordapne with sentiop 9.04.00. 6 7 b. AgF A r�wr-,l zpr�i6tFiA_+o mv'i+h!R theM-rnlrinninnated aFea: Tewers shall "�� 8 o+ o ed 250 foot in height 9 10 G. All a ulturalZOR'Rg din+ripts: No tower that o ells 250 foot in hoigh} 11 eXGILISOVe, Gf a n+onna of iXed thereto shall ho allo...ort o aRy ni+o 12 GGFRpFdSlRg less thap tep (10) aGres Rder rship OF optrol 13 eXGept n nh +e..,ors n n ho a ed n a Rdi+ional si+on of Inns 14 thap tep Mn\ aGres if the plinapt n gt .with n feasibility, 15 aGqUiFe title +o eF n+rol of Ii+ahlo +o..,gr si+g of a+ loan++pn (10) n 16 p the required g phis . pity of the proposed tower site 17 18 2. €ssefit!a' cveR,mcsSpe%liried n n.lffitivra-usesi ••nnI III th reughh RSF -E�(GGpt rrr+he$CC 19 6, and RMF 6 Zopipg d'strints towers rr. y he allowed to a y height as a Rditiepal 20 u6e eR sites a ed for -. n n ti+ional on+ial n o for any of the fe"GWOp 21 22 23 all other s'rn'lar uses where a GOMMURiGatiORS tower Gould be GORsidered aR 24 aGGessE)Fy or legiGally asseGiated use with the safety sepAGe GGRditieRal use OR the 25 26 27 he leased to a gGVeFRFReptal ept'ty, Rd the primary uses of the tower are fer 28 geveFRFReRtal purposes. 29 30 4 New tewers shall he ipstallerl oply DT ooftops OR the RMF 12 RMF 16 OR Rd 31 zoning d'StF'Gts, ex6ept amateUF Fadie towers with a height REA to eXGeed seventy 32 five (75) feet above the Ratural grade, and gFOURd rneWRted aRteRRas with a heigh 33 RGt ton ed +...on+.. (20) feet above the natural grade aFe permilted within these 34 +t. 35 36 37 38 the a1�de ORGIudiRg ntennas Affixed +herete be nllAwed as a 39 �i $Q •amAi+h' tTn +hn'-;P- -o.�d'GtF'Gts. The height of nh ele 40 nation +o...or Shall ho H.Mi+961 +o +ho hoigh+ ReGe6GaFy for 4'; IISP At i+n 41 lesatoAn 42 43 6. Rem touters n+eRRa str„n+„ren .Ad aAtP_AAas: 44 45 a RE)Oftgp teWeFn n+onna ntrU G Iron Rd an+gnnan a gMPNed in all ZeRing 46 .J'str: nts a ept the DCC 1 through DCC 6, RMF F p.-I C ZGRlRg .-1'str: nts 47 48 b. Rooftop towers, aRte,,RRa strwGtures, .,r,�,—�,d �,,RterRas are, as spes.:'ed, 49 subjeGt to the foHOWipg• 50 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCYt49 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 1 I Permitted uses. Rooftop antes s+rue+ures ape+ antennas aFe 2 mi++oduse p +e a height ef+..,en+., (20) feet ahe.,e the maxim, 3 d the height of the maximurn eefline is he,en+., (20) 4 #ee# ^ nhe.,e the a..eFage n��lln If +hn MAX 5 eefline is less than +..,en+.. Mh\ feet above the aVeFage at iml 6 ads aH ptennn ^+.,,^+..re andie n+eppa i a PeRmi++ed , Se Up 7 to a height that equals the di^+aneo from the a a+� oral grade 8 to the maximum eefline. For example, if the dis+anoe from the 9 ge aklral grade +e the m FALIMn+ ef+he reeflino in fif+son 10 (15) fnn+ an antenna s+rUe+Ure and/or antenna i a peFfitted use 11 up +e a height of fifteen (15) fnn+ aho.,e +he maximurnooflinn An.. 12 aRteRRa stri ie+ure tower, or n+enna that e eds its permitted use 13 height as pFe..ided herein shall FeqUiFe nditienal LIGe appFeVal 14 and the maximurn allowable height of the stn Weft Wre +e..,er nd all 15 n+onna^ shall ho do+orminod i eh n eifie GaSPnis+apeo from 16 DQC 1 through DQC R nd RMF 6 Z g 'stri..+e shall be " 17 $A—Rsid2Ka+le—R OR eteFH�y ,,,^lley hlez height eff FeefteP 18 fa^im I+eT 19 20 II. Te..,ern and an+^nnn s+r--A+, erns shall he no+ heel. from +he elseon+ 21 euter edge of the roof a distance of net less than ten (10) p pt 22 of the reef+ep length and width h-A net less than five (5) feet Of the 23 aRteRRa e n f Une+ien at the r WIting leea+ien 24 25 IFI Ant^nnn s+r e+ures nd dish type nteems shall hen rated to make 26 them 61RONFUSiVA-9 27 28 V. C..eep+ for antennas that a o+ be Seen from street level eh a 29 paRel antennas a pet walls, pteems shall no+ ezxtend e„+ 30 be.,end the ..ertieal plan of aRy exterior ..,all 31 32 V. Where +eehnieall., feasible, dish type antennas shall beg ns+n Ie+ed 33 of epen esh deign 34 35 vi. Where feasible +hedc�n eleen+Sef the h� �ildine. (i.e., parapet 36 Wall 6GFeen GIG6Ures ether meohanioalequipment) shall be 37 used +e SGFeep the ^ ea+iens te..,er, Str„et„re nd antennae 38 39 The b gilding apd roof shall he ..able of supporting the roof_ 40 p+ed antenna +r„e+„re pd +eWer 41 i. Plc—eftep h Shall beGeasideKed a-#e .,er sfite— This ��R+ran de �t 42 sha ring of FE)Gft0p, roo ftop tower,? antenna 43 ^try+„, 44 45 7. \l1/i+h the o ep+ien of reef+ep +eWW6 and +^..,ors an on+inl n sites, eh 46 . 47 48 a Cash Re., tower that a eeds 185 feet in height shall he legated net less 49 than +..,o and ene half (2 +o.. 5) times the height of the- ,pr frem all oer -I Deleted: G:\LDC AMENDMENTS\CURRENT 50 +hr^„gh DCC aDC F g di^trig+^ inel PIJD .., ding oIns her^ +he WORK\TELECOMMUNICATION TOWER UPDATE 6 51 adia^ent se/, Ware,Rd e�Aarable to, the oer 4 throughr oe6 and (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCx50 Exhibit A - Public Email 8 b. In addition' aeh s eh new tower that e..eeeds a height of seventy five (75) 9 feet, I�eifGruding--a RtenRas, shall be Sepa Fated free all he-Undarinn�f 10 surrounding property zoned RMF 12 RMF 16C RT VR NALJ TTRVG, LI 11 -and the r sideRtial areas; of PI Ills with existing a planned densities g eater 12 than .. (6) Units per e by no+ less than the total height of the tower 13 0 RGIuding its nn+ennnn; and frnrr, all ether ni urreuRd!nn n ..r+., hw Rdwien 14 by a distance not less than o e half (1/_) the height of the tower anal its 15 aRtenRas, r +he +e..,er's eertifie,d eellanse a hishe.,er rdin+apse i 16 greater. 17 18 +e..,ers in the Estate /C\ a g .d's+r'e+ shall be separated 19 from residentially e.d properties as follows• 20 21 I Ale,., towers up to 76 feet in height shall he Iona+e,-I no+ less than the 22 tetal height of the te..,er and an+en s f-pm all residentially a erd 23 eS. 24 25 H Ale,., +o,.,ers ever 75 feet in height shall he IE)Gate.d no+ less than h.,o 26 and o e half h ..es the height of the tower anal antennas r the 27 Gertified ollanse area, ..,hishe.,er rlist.-.noe as eater, from all 28 resideRtially zoRe,d n ernes 29 30 8. All OWRBFS of approved towers are i tl., and severally liable anr� �lefoor r-a;�rer e-fc�.�,y-a^� �-^g�. espc�:= 31 any ,damage a ed to off site n erty as a result of a eellanse of any tower 32 ef'by T . 33 34 9. RaGeeRt ef��ereonethan site iSpreferre,d and a ged,, 35 and may be permitted, 36 ents a .neta6 tee et. +o..,er s+.- Heh ores .n be Ie ,d Gatethat all setba&S, n elese to gash 37 38 Iskel it 39 failsGF .,ill net othwwise present a eatable rick to aRy ether +ei.,er en the 40 SftGiIt s#k I16'e the PeIwGy gf the r96In+., to make 114nhl9 rg''n+., g ed land 41 a'lable for towers and ancillary fas'I'+'e at r able rents 42 43 44 45 fer the r eeti.,e a g distrie+ shall net i elw de effigies leng 46 teFFnyehiGle storage, outdoor ,k;age, bma.d,.ast studies a en+ for teMpOrar., 47 emeFgenGy pwFpeses, 9F ether strug-t-,res ansl/er s that are et needed to s n,d 48 or reGeove +rans...issions and in Re e Vent shall s ush uses e e oee.d tWeo+., five MG\ 49 nergen+ of the floor are .d sefor +raRSFRiSSien orre al Deleted: G:\LDC AMENDMENTS\CURRENT g+iens Transw issien equipment shall be a..tg . ate doention a anent an+en+ / WORK\TELECOMMUNICATION TOWER UPDATE SO f n gau., feasible +e temp. +raffle d eonge�han \' to the greatest the a siteabuts, a (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA 51. / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOcx.51 Exhibit A - Public Email 11 II +..�T.�e.exGeed'Rg185 feet O height, a FROROFRUFRof tWE) (2) 6 PaFkiRg npaGe6 shall he . Vided a nh ni+a An additleaal Pa.Liaa n e far 7 nh +...e (2) eleyeen shall be pFeYoded at fanil4098; ...hinhFequ!Feni+e 8 personnel. FaGilities whiGh do not require on site peFSORRel may utilize iMpeWiGUS 9 "^ 10 11 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE)WCF LDCA(09-27-2023) ALL REVISIONS / CLEAN (002).DOCx52 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 Exhibit A - Public Email C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCx53 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX 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 51 Exhibit A - Public Email C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOCx54 FDeleted: G:\LDC AMENDMENTS\CURRENT /MTELECOMMUNICATION TOWER UPDATE 20230013966)\DRAFTS\CITYVIEW\WCF LDCA 27-2023) ALL REVISIONS CLEAN.DOCX / Exhibit A - Public Email 12 b. Mile�rrker 92.6T€ve^slades Blvd). The heheight shall of ee.,eeed 250 feet-, 13 Rdwdinq antennn�, 14 15 ( The sate of an :sting Cfll1T te...er Ir.nnterl en State Read 29 The height 16 shall note ed 310 feet, el d'o RteRRaS; 17 18 d. The sage# -an fisting ,1=nn�te..,er legated at mile. raarke62 2 at the 1 75 19 Rest Area If wall r nlaoe a e iota.,.. tower looate.d on the north side of I 75 20 -at male arker 63.3. The height shall et a eid PRO feet nl Jinn 21 a ter ;aT 22 23 a Caoh touter shall he o notn toted with a oaty to n vide for a FRdROFRUFR 24 of four /n\ toeight (8) GO users, 'RGI fading Florida DepartmeRt Of 25 Tra.,sr.nrtatiGR /"FDOT"\ the U.S. Cash ao.d Wildlife Sendoe /"C\A/S"\ the 26 National Dark Sendoe ("AIDS")the Dena*neo+ of CorestFy /nnnC"\ nrd 27 Go,,.,+.. a e e , where n +iea1 28 29 p. €aGh�rewer shall he rAR,;tF-,Atted er.innnn with thk. st a__drs and 30 31 as expressly provided othen.,ise an this sentaen 32 33 3. Minimum yard requirements. There shall he n Fninimum and requirement for 34 35 he o otaaoerl within the 1 75 right of ..ay, nr1 each proposed tower must m in+aio 36 a sepwatieR idistanee f.em all a-doGent residential n erty Imes equal tee a half 37 /'IL\ of the tow —is height o.o -qua1 to a Florida Professional a ee ertifie.d 38 °)"Anse n n /fell , e\ ...hisheyer i enter 9F a Plear Zane is maintained An 39 adjoining property by a use easement annGnahle+n sugh acgeanang nrenerty owner. 40 hn i+nhleFpC;!deAtinl Ar PAR srg,;ifJPAtiAI StF GWFe AGILI ding effines shall he 41 . 42 43 ;. neGess. PhySiGal aGGess t0 each fewer site shall beasapproved by FDOT, 44 45 5. Parking. c ffs en+ uRpayed shall be pFevi,ded g adj ent to eaAh-Waiver 46 site to odate temporary arkiPg for o e /1 \ .ehaole for SeFViGiRg OF 47 maiRtaiHiRg the mien te..,er 48 49 6 I nnrdsenne b offer A Ianrdsgane h6 i#p-r a less than ten (10) feet wide with trees 50 PlaPte l fi.ieP+. f.ye /75\ feet OR enter shall he .developed and maintained a P.d 51 the Pe meter of each tower site anal other relater) a eP+ structures, n.d C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOcx.55 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX / Exhibit A - Public Email 8 7. A site develops plan and GensEwGtien ^marts shall a submitted to the Count 9 Mapager eF designee fer review and n alp er ten nstwWt'ep of aRy s Gh 10 tower. No Whanges additions, or alterations Fnay he rvnade to a approved site 11 de.,ele p+ plap pets n+'ep plans fer aRy IWh +ewer withee+ GeuRt., 12 approval. 13 14 8. Tower light'Rg. in addition to the requ'FeMeRtS for tower lights Spedfied 'R SeGtdon 15 G nG na Wf this Gede +eWers legated in the Bog Gypress Preserve aR l the Clerid 16 PaRther Nat'GRal Wildlife Preserve shall be lighted in aGGE)PdanGe with the USFVVS 17 ldapee 6 ,step. r Rts fer tower I'gh+iRg 18 19 -9. Nefi.�r'thstanding aRy etherPFOV'S'GRe�rthis Cede, wotwith�d'ng the 20 underlying zoning eff thes6p�.,{i+e.. e- „i ieGt +e the fellewina the 21 22 suGh f tL Ire faeili+ins a Iann,f I USe6, Of legated with'n the WW pf'pes of the 1 75 Fight 23 of n. east of the Alligater Allen, tell booth to the eastern hoWp, wy of Collier 24 SeURty. 25 26 27 wheRever the tower is to eXGeed a height of twenty (20) feet. Towers that are to be 28 tWeeh, Mh\ feet or less 'e height require nh, huildiRg permit approval from the 29 Seat -sty: 30 31 a As all eh fadi+ies Est he IWWated ..,'thin the 175 right of way, the 32 fasilit'es must he suh'eWt to approval frown the aWReF of that right of wan, 33 0 nduding Wh n ndi+ions a rnay her red by that owner. The owner Wf 34 said right of way is the State of Cler'.fa by Rd three ugh the Clerida 35 Departrrnent of TwSportatiee 36 37 b. The fadlitiesMast hone ,,rned�hy,, or leased to a gOVKRmeRtal eptitn,. The 38 Wf thW f-ne'I't'es shall he n ntal 17rh,atW Wf 39 thefaei�ities Of a shall always he i sidental -and. sudherllinate tW the 40 geVeFRFReRtal , 41 42 G. Notwithstanding any ether p WW+ion 5.05.09, the fadities shall 43 he s� �h'e W+ to the teyOer sha.. Ag r en+s of session nG 09 'f +hW tower 44 s to W ed a height of 120 feet, unless the tower is monopole. If the 45 te..,er is +W he L16ed eply fer W Wntal the tGWer Reed he shared 46 GRIY with other g eetal entities If the tower is to he o ed by aR 47 Ateppa ' pller n p+rel of a n+ale Rt of +he +ewer and i 48 to be used for a y RGR erntaI use(s), the tower—shaF'^g 49 FequiFemeRts that apply +e ReR ept W p+s shall he adhWred to 50 as a prerequisite to GGGLApaRGY of the tower. 51 C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOcx,56 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 1 2 3 wireless a .. +elenhane s 4 5 i. These fanilities a eSSeRtmal s 6 7 8 of an emh�al.leRed net'Ge^ on a Geyer letter or n the first page of the n r..i+ 9 nlina+ien 11h6+an+fall.. an falleWS: 446 heel;^^+:..^ i& .,h:an+ +a ++.a 10 Umernes n n:f:ed :n Ghanter 365.172, clar:da c+at.,+en 11 12 3. App!'GaRtS for these PeFM'tS Reed REA PFOV'de staff with evideRGe that a proposed 13 14 15 the PGG W PFA-"A,Qe!nf rr +i H .,6t+,he PFev!deF'6 GeFApIiaHGe With fI 16 regulatiORS +e the evten+ +her authorized by federal la.. The CG int.. has RG 17 18 +a he lena+nll\ a ehy n ed by the State of Clerilla nn161.linn C+a+n n ed 19 rights of way. 20 40 41 ,, tewerwer i--a Rt D� �r�� ^nm�o+r. C 26F 172 Clnrida Statutes, the �. P12,• S er .,^ eFH�S�r e61i^^ 42 County shall grant or deny an alma+inn requesting Iona+in of ^ new WiFeless 43 lelephe e GeFViGe teWeF, 9F fa In a+ n ^f n+e;,Ra(G) f�T^ee66telephGRe 44 sewlise, RGt later then ninety (90) business days after the .late that a nlina+ian 45 that f UII.. n nlir.s ..With the r nn+s of thin nnn+ian F nG 09 i U bMi++e.l 46 provided the then existing zE)n'Rg app"Gable to the proposed site allows the E911 47 fanili+ias ...i+h a. i Reed +n r a the Reed W apply fer neRdi+ienal al 48 other required proGedures. Provided fuFther that nothing heFe'R shall affeGt PeFFni 49 50 51 . C:\USERS\KBERKEY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINEI WCF LDCA (09-27-20231 ALL REVISIONS CLEAN (002).DOcx,57 Deleted: G:\LDC AMENDMENTS\CURRENT WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA (09-27-2023) ALL REVISIONS CLEAN.DOCX Exhibit A - Public Email 1 2 S-1-IffiGlERGY a+inn Within t..,anty (20) bwsi days of FEGEOVORg the 3 app"GatiOR fE)F aRy faGility listed above 'R paragraphs (4) and (5) above, PeFFmi+ staff shall 4 4 R wFitoRg ne+if., the permit n ..linen+ ..,ha+hnr +hn n alma+inn i RE nrl., 5 Gompleted. if suGh permit app"GatiOR is RE)t PFE)PeFly GE)FRpleted, staff shall With 6 Kef}c#er the nlinatien h eia9--�pePI.eEed�fr- C+nf s#�II,Isez !1 +if., the 8 app"Gant whether the app"Gable zoning GlassifiGatiOR allows the applied for use(s) 9 .,i+haH+ n nllitiennl u appFeval, eF .,i+hew h n ether related 10 anGoilaFy approval PFE)Gess or permission. 11 12 7. Default approval. 13 14 a Ana mina+inn for E911 o Ionation of ,.fireless telephone 15 ., Ianntian faF I.A.4 alas +a lepha6eFY!Genn+annnn shell ha .faama.f 16 to have been au domatinally o pterl provided that- 17 18 GeFViGe r fnniky i allewed in the n plinnhle zeRiRg distrint 19 Wthewt a y w dtheA the Reed to apply fora Rd'tiopal 20 .4tha1It +ha rt n a+a apply for GeMG ather n mi+; 21 22 The Gewn+., fails +e either .Aran+ eF deR ,+he applied for peFmi+..,ithin 23 the time frames set forth paragraphs (4) and (5) above 24 appl+eable; and 25 26 IH The a plinapt has pot agreed to a extension of tome, as provided 27 . 28 29 b. Hel.yeye-' the applied ferr peFmit shall Rote+ be eemed gFnam+ed if fine an+ien 30 requires an+ion by the BGG but s nh an+ion is prevepterl rL Ue to e 31 GORditions ha.,and the Coy ant. ,'s ventral In n nh inntanna the times for final 32 an+ion eR the plinatiep shall he exte Rderl RN the ext Fegularl., 33 $Ehe`!,_,cdulca-rrerl meeting of the Q.-c,-,ovw—rrtThe permit Y+hat shall he-- deemed +ohe�mm+ed 34 Of the BGG fails to take final an+ien a't times 35 36 37 Ret be effeGtive exGept to the eXteRt VGIURtarily agreed to by the permit appliGaRt. 38 Alarra.., n ep+ia..; n e time timeline viaffive.r may be required if there then exists 39 an ernergeRGy that directly affen+o the, administration of all of the f nun+.,'c 40 nntians te..,ar n mit+inn nn+i.,i+in .,hinh hell hann farmnll„ de G'ared h., 41 the Gee ant., by the State of Clerich r by the fedeFal n ant 42 43 # # # # # # # # # # # # # C:\USERS\KBERKEYAPPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\IJV2SHNP\(REDLINE) WCF LDCA (09-27-2023) ALL REVISIONS CLEAN (002).DOcx,58 Deleted: G:\LDC AMENDMENTS\CURRENT / WOMTELECOMMUNICATION TOWER UPDATE (PL20230013966)\DRAFTS\CITYVIEW\WCF LDCA / (09-27-2023) ALL REVISIONS CLEAN.DOCX / Food Truck Park & Mobile Food Dispensing Vehicles Land Development Code Amendment P L-20220006373 Co per County 10-17-23 Overview - History In October 2021, the Board of Zoning Appeals (BZA) prohibited mobile food truck applications that are permanently located with other entertainment activities such as a bar, dance pavilion, music and outdoor seating. BZA directed staff to bring back LDC amendment to allow for the conditional use of multiple food trucks within base zoning districts on a specific parcel of land. Use should not require a zoning verification letter (ZVL) of approval by the Board or comparable use determination (CUD). Expressed concerns and their affect upon neighboring properties were noise, glare, odor, traffic and buffer setback requirements. Staff would identify and evaluate similar characteristics the use would have to other permitted uses in the base zoning district such as: hours of operation, traffic volume, number, and types of parking spaces, and other best practice activities. MFDV Statutory Regulations -Chapter 509 Lodging and Food Service Establishments Pursuant to F.S.509.102 — Mobile food dispensing vehicles: preemption. Subsection (1), a "Mobile Food Dispensing Vehicle (MFDV)" is defined as " ... any vehicle that is a public service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal." Subsection (2), the regulations for licensing, registrations, permits, and fees are pre-empted to the state and local governments may not prohibit MFDVs from operating within the entirety of the County's or other local governmental jurisdiction. Subsection (3), The statute may not be construed to affect a local governmental jurisdiction's authority to regulate the operation of MFDVs other than the regulations in subsection (2). Food Products Statutory Regulations and Procedure -Chapter 500 Pursuant to F.S. 500.12 Food permits, subsection (1) (b), food establishments and retail food stores must apply for and receive a food permit. M F DVs require a "Mobile Food Permit" for a Mobile Food Establishment. BY F.A.C. Chapter 5K-4.0010 (8) Definitions, "Mobile Food Establishments are Food Establishments that are self-propelled or otherwise moveable from place to place such as a truck, trailer, or similar self-propelled conveyance or non -permanent kiosk or table where pre-package food products are sold." The Florida Department of Agriculture and Consumer Services (FDACS) issues the "Mobile Food Permit" before operations can begin for a food establishment and a separate permit if the Mobile Food Establishment is not operating in conjunction with a Permitted Food Establishment. The Florida Department of Business and Professional Regulations(DBPR) licenses and regulates all businesses and professionals. By its Division of Hotels and Restaurants, licenses are issued for all types of public food service establishments (PFSE) and in particular a MFDV license. Staff Research -Other Communities Findings of common code standards: Reviewed 20 Florida Communities of which 5 were Counties and 5 Other States: Texas, California, North Carolina, Arkansas and Oregon. Definitions and type of zoning districts (either by right, special exception or conditional use approval). Typically Commercial, Business, and/or Industrial zoning districts. (FTP) Minimum parcel or lot area, number of MFDVs, parking spaces on private property, generator noise and odor, stabilized surfaces. Minimum or maximum number of MFDVs allowed within FTP. Setbacks: base zoning district, property lines, residential uses or dwelling unit, fire hydrants, schools, streets, other MFDVs. Access to restrooms and outdoor seating. Staff Research Continued Temporary, semi -permanent, and permanent placement (stationary). (MFDV) Time period and duration of hours to operations: Limitation to transient sales hours and number of days per week and/or calendar year. (MFDV) MFDVs that exceed placement by a temporary use permit for a period greater than 28 days in a calendar year is considered a permanent use. Daily removal of MFDV off -site, unless self sufficient MFDV or have on -site access to hook up to utilities and a sanitary waste facility. No alcohol sales, drive through sales, restriction on amplified sound and outdoor entertainment with an exception for a special event. (MFDV) Parking requirements, signs and lighting. (FTP) LDC Amendment Proposal ► Allow for the placement, operation, and permitting of each MFDV as an accessory use and permanently located in a Food Truck Park (FTP). ► MFDVs would become a permitted use in a Food Truck Park and a conditional use when associated with the sale of alcohol or amplified sound that provides outdoor entertainment in these zoning districts; ➢ C-3, C-41 C-S Commercial, BP -Business Parks, I -Industrial, and P-Public Use. PUD zoning districts: Community Facilities, Commercial, Industrial, and Mixed -Use. ► Definitions-MFDVs per Florida Statues and a Food Truck Park . ► Clarify the temporary, semi -permanent, permanent and accessory use of M FDVs. LDC Amendment-Continued ► Limit an operating generator's location to no closer than 20 feet from a property line unless there is an intervening 6-foot-tall wall. ► Require trash receptacle and access to restrooms for the operator and patrons of MFDV. ► Confirm MFDVs can operate on temporary basis for no longer than 28 days within a calendar year. (ie., special event, temporary use permit). ► Exempts MFDVs that are transient in nature that do not stop for more than four hours at a location and limits the MFDV operating hours to the principal use's business hours. ► Prohibitions: ➢ Placement on vacant or unimproved lots (except for FTP), within required setbacks or parking spaces, open space, preserves, landscape buffers, conservation or drainage easement, public or private road ROWs or access easements. ➢ Operate in a manner to block accessways, walkways, driveways, loading zones, or interfere with vehicular or pedestrian circulation. Alcohol sales and amplified sound, unless approved for a special event or temporary use. FDBPR-Division of Alcohol Beverages and Tobacco may issue, up to 3 days, a license for consumption on premises. ➢ Operating longer than hours of operation of the primary business location unless approved for a permanent location or special event. LDC Amend ment-Continued Food Truck Park Design Standards Requires SDP approval and permanent stabilized pads. Based on staffs analysis of other communities and previously approved SDP, SIP, or SIPIs, a density standard of at five pads per acre. Each pad shall provide an electrical hookup, water and sewer connections, and connection to propane (above or below ground). If central propane tank is proposed than it shall be buried underground. Parking spaces- three per MFDV, one per four outdoor seats and two bicycle parking for each MFDV pad. Light fixtures shall be directed away form neighboring properties or shielded. No nuisance lighting, such as flashing or strobing lights. Other Communities Density ► 5 pads per acre are based upon an analysis of other communities : 2 MFDVs perO.5acre, up to 4 per 1 acre, 6 pads or less by right in Non -Residential District. Greater than 6 pads requires special use permit. ➢ No more than2 on anyparce/unless part of Special Event or Temporary Use Permit. ➢ : 1 Stationary Mobile Operation (SMO) per 10,000 sf. of net lot area and an additional SMO for each 50,000 s.f. of net lot area. Maximum of 3 SMOs per site. Maximum 2 per 1.38 acres ➢ : Green Market- Requires minimum oneacrewith exception of lots in WCRAO' where minimum of 0.5 acre is required. ➢ : Maximum of 1 mobile vendor on lots containing 6,000 to 43,559 s.f. of area and 2 when greater than 43,559 s.f. of area. Max. 2peracre. ➢ : Density 2 < 0.5 acre, 3 from .5 to 1 acre, and Max. of on 2 acres. ➢ : Max. of3 perO.5acre, not including parking and common areas.. ➢ : Max. of up to 5 for FTP. Approved rrro#r,e- Rtio f TVP ar h3atky-a d s�iar �P �FO�eCt iµ3 rile Cefebrati an Park- Ferrrrarren# HrtChing Post Frutxsr KD2 ColJrer Area Trans:# Station- Arrportf€stet' AnfCrofub &re�•�rng Ca. - Isles Of Capri Food Riverside -Yoder d.ae CoUrrty SDP 74-156 Ghfrogc Ave- Krosk Truck Park -Denied Corrs#rU coon- opened [11-01-23] Location Caar Sip im moko re�e 8ayshor¢ Or. &orrr[aSprYngs IT.5-cowe 10-26-23 d R h'11J D- M C {_A Zoning district ({Ufl) C<3•PL20YSOOd3127 PL20188802 42-A PL20200CFOO RSF-3 CU- PL2419000Oi24 �5 Resalu[�n C-48NIU D-NC SIPl- C-3 PLZ-D2034MI9D3 Dffwntown OverlayDistrict- M¢OfFLUE- Pl?-316DD01881 SIC 5812 710 SIC 408 SIC 5812 Hex 2019-41 03-303 PL200D9 190O9d o Special Exception TRAIDEPORT Hex 20 YF 37 rs 812 Food Tr ck Pork C'orrditrarral- Automatic (6500 s.f- Mrre+d UHe (Food earwash] burrdf"gr MF7s Tr"cks-5,925 indoor and un der ro of Bar, s :.under roof sfropprng Center- with Seating - Conwenf-ence Accessory UsP orr R-estauranrf8or, uUtdaor Tiki Bar Seafoaad Urwrrdasadgrass Wafk Up Store - exisNrrgPU site Candr[ronaf 2lse Res[aurantjEating Mubde Food secmng, rive (21) CLI-21302- Brew Garden Use A arkrP4 Marina svrfare#urou*door Resraurarr[f MFDV fS r Transit AR-3485 Esrablisfimerr[ Vendors: Outdoor entertarrrmenr Docks, seatrrrgarea Beauty Accessory sroaorr_ Dining every We k4 Aznusernent and Sofow Lfse "o gornes ecorn Re�ea[ivnoJ Ourdaor k�ofe, dwck;Ar" Services) Seufrng bowling, steeir tip darts,etc.J� hWFVlJ Vender AR-FVFaced D xios k No 75f vt Pe rm an enr Perm an en t R'erm i[ Uurati� Semi -Permanent srry Rr�r�Anrruof r3 rrnUar overnrgJat Arrnvah Serz+rt,rre SPmr-Permanent Permanent sra Y2 P"to 3PR? 11:30 AM to 32 fTues_ to Tlhe+rs_ -1-1 i to Consistent waft FJ1rf e- T,-), to Hours of and Sun.) 12 PM $PA4 hairs of 10,AM to 8-00 Some as prrnr?paf Same as 12 AM eTfrvr_), J AM to 1 OPA4 operorrons jot resta u rant/bar Upr_va[io�� to 1 O PJW �Frk_ Tuesday to PM business hours to 2 AM (Fri. andsar.) €Posed SUrrdoy GAT Facdrty, 6 hours and Sat_), to YO Adornday AM to 7.30 PAA PhUf fs--) Days per Week S 5 S Par CA75ch E�dUfe 7 Park Maximum Number of -F 4 1 dray 6 8 MFOVs Vndetermrned Y only on Forking Aneo 1r079 s_j_r t�oxal site of Y onryron 9 on [o[al sire aroma .75 SDP prUs .93 Grass Seaxrng-3084 s-,f O-4Gacres ratarsPre 3 anfy on to [af Y anf}+ on ta[of of 2-21 acres- .45acres phis .45 1.93 acres f1OE Minimum Lnt ojfsrre po :king Asphof[Farkrrng f36'x site S_84 acres sire 1.85 acres or 17,641 3.91 ocres Oensi[y-4A7 jaa acres o ffsrte parking spvres) Area Fo r M FDV lot_ 1.69 rotor 1.4lr E• riznate%d .5 s_f_ parking for .9 total Oensrty- Parlc acres, pensrL+{- acres fiw 3 rry rFs wiitr aches. 4.15acre 4.7S1-acre orr[dawsea[rrrg each"ding an addrtfonah on -site unr[. State Departments' Shared Responsibilities for Mobile Food Truck Applications and Licenses A) Department of Business and Professional Regulations (DBPR) Licenses and regulates all businesses and professionals. Division of Hotels and Restaurants- Licenses, inspects and regulates public food service establishments. By the end of FY 2021-22, the Division issued, within 7 Regulatory Districts, 60,314 statewide Public Food Service Establishment (PFSE) licenses which are classified by type as follows: Seating (SEAT- 44,637-48.6 %) or Permanent Non -Seating (NOST-5,883-9.75%) Sole take- out or delivery, Caterer (CATR-1,311), Mobile Food Dispensing Vehicles (MFDV-7,302 - 12.1%), Hot Dog Carts (HTDG- 549),Theme Park Food Carts (PARK-22), Vending Machine (VEND-610) and Culinary Education Programs (SEAT/NOST). File an Application for Food Service and Mobile Food Dispensing Vehicle License with or without a Plan Review: MFDV, Self-sufficient MFDV, Hot Dog Carts (HTDG). (Forms: HR- 7006 MFDV Plan Review, HR-7002 Commissary Notification, HR-7007 PFSE License or HR- 7031 MFDV License with Plan Review) Note. -No plan review is required if operator buys already licensed vehicle and no changes or remodel have been made. Continued ► Self-sufficient vs. Non -self sufficient MFDVs ➢ A self-sufficient MFDV contains the following equipment: Three -compartment sink, separate hand wash sink, adequate refrigeration and dry storage, power (LP -gas, generator, etc.), hot water heater, potable water and wastewater holding tanks. ➢ If not fully equipped as listed above, the MFDV requires a support site called a Commissary. ➢ Non -self sufficient MFDVs report to its Commissary every day that it is operated. Commissary Notification Form DBPR-7022. ❖ Division of Alcohol Beverages and Tobacco (DBPR ABT) ➢ For consumption on premises only or package sale only of alcoholic beverages, ABT issues a Temporary Permit or Special Event Sales License for up to 3 days, for the consumption on premises only or package sale only of alcoholic beverages. Civic or charitable organizations, municipality or county may be issued up to 12 temporary permits per calendar year, except counties or cities with special acts that govern the number of permits allowed annually. Form DBPR ABT-6003 . ➢ For changes made to a licensed premises whether the extension is permanent or temporary, the applicant files Form DBPR ABR-6029. Continued B) Department of Agriculture and Consumer Affairs (FDACS) Conducts an inspection on grocery stores, food processing plants, and distribution points. License and inspects pre -packaged food others. Division of Food Safety food storage, sales, among MFDV Commissary Letter of Agreement (Form FDACS-1423) and Time/Temperature Control for Safety Food (TCS). Cottage Food Product Operations (no licensee or permit required). Prohibited from sales under a licensed vendor as a mobile unit, at a farmer's market or another temporary event. MFDV require an annual food permit. Continued C) Department of Health (DOH) Addresses temporary food events, mobile food units, and vending machines that operate at or through food service establishments. Application for Temporary Food Service Event (TFSE) License (Carnival, Fair, Alethic Contest, or other Celebrations). Form DH 8004-DCHP Limited to 18 days duration or less. (Note: Food Service Establishments (fixed or mobile), operating under current license may operate 1 free unit at an event temporarily for up to 3 days without purchasing a TFSE license). Application for Food Service Establishment Plan Review- (Mobile Food Unit, and/or Bar/Lounge). Form DH 8003-DCHP (new or remodel) Mobile Food Establishments (MFE) that operate on institutional property that is licensed and regulated as food service establishment by DOH , includes schools, universities, nursing homes, etc. Overview - History On October 14, 1992, the BCC adopted the first regulations for Communications Towers in the County. On January 24, 2023, the BCC directed staff to develop Amendments to the current LDC regulations. The County contracted with Agnoli, Barber & Brundage to assist with developing the updated provisions. The team reviewed current best practices Statewide and engaged with industry experts. Determined that the current provisions in the LDC for Communication Towers are outdated. LDC Amendment This LDC amendment modernizes text and simplifies the application and review processes. Majority of the current LDC provisions are being deleted and replaced with new. Existing elements that are included in the proposed draft: Design requirements for rooftop or building mounted facilities; Regulations for migratory bird and other wildlife considerations; Landscaping requirements; and Inspection requirements. Corresponding cross-references are also added to various LDC sections to maintain consistency throughout. LDC Amendment — Cont. Substantive changes include but are not limited to the following: Renaming "communication towers" to "wireless communication facilities" to encompass facilities that are not towers; Providing definitions and establishing regulations for the various types of wireless communication facilities; Updating the permitted use and conditional use lists for Zoning Districts to allow for new wireless communication facilities; Removal of shared tower requirements to instead encourage co -location by allowing increased heights; and Reorganizing the Section to allow for easier interpretation of the regulations. DSAC-LDR Subcommittee Recommendation On October 17, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC amendment, contingent upon the following: Remove Footnote 2 from "50% of tower height" in Table 3 due to it being a scrivener's error (page 37, line 14). Modify LDC section 5.05.09 F.2.g.iii., to include a three -foot -high continuous hedge requirement in addition to the existing landscaping and screening requirements (page 38, line 36). Modify the wording of LDC section 5.05.09 F.3.c., to begin the sentence with "Rooftop mounted" to clarify the intent of the regulation (page 39, line 35). Staff made the requested revisions, which are shown as yellow highlighting.