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Agenda 01/23/2024 Item #16A 2 (Directing staff to bring back an Ordinance amending LDC to update citations and correct scriveners errors)01/23/2024 EXECUTIVE SUMMARY Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development Code to update citations and correct scrivener's errors. OBJECTIVE: To direct staff to advertise and bring back an Ordinance amending the Land Development Code (LDC) for a public hearing to update citations and correct scrivener's errors. CONSIDERATIONS: This LDC amendment corrects Scrivener’s errors and updates various citations/references throughout the LDC. This staff-led effort required collaboration between the 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 to 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. • LDC section 2.02.02 D.: Addition of “BP” to include the Business Park District. • LDC section 2.03.01 B.1.c.5.: The reference to LDC subsection 2.03.01 B.3.f. is incorrect, and the correct reference is LDC subsection 2.03.01 B.1.c.6. The reference to Florida State Statute 429.402 is incorrect, and the correct reference is 429.02. • LDC section 2.03.02 A.1.c.7.: The reference to LDC subsection 2.03.02 3.h. is incorrect. The correct reference is LDC subsection 2.03.02 A.1.c.8. • LDC section 2.03.03 B.1.c.8.: The word “principle” should read “principal” since the word has a different meaning. • LDC section 2.03.03 C.1.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 2.03.07 I.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 has been updated from V.F. to V.G. • 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.1.a.(5): The LDC section citation for 2.03.08 C. is incorrect and has been updated to 2.03.08 B. • LDC section 2.03.08 B.1.b.: The typo, “eth” has been corrected to the intended word “the”. • LDC section 4.02.14 B.: Update the reference to State of Florida “Department of Economic 16.A.2 Packet Pg. 182 01/23/2024 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 labeling from “b.” to “a.” • 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 B.4., not 10.02.04 B.4. alone. • LDC section 10.02.08 B.1. thru B.3.: This is an editorial correction, the capitalization of proper nouns. • Appendix C A.7.: This is an editorial correction to correct grammar punctuation. DEVELOPMENT SERVICES ADVISORY COMMITTEE RECOMMENDATION: On October 17, 2023, the Development Services Advisory Committee-Land Development Review (DSAC-LDR) Subcommittee recommended approval of the LDC amendment. On November 1, 2023, the DSAC recommended approval of the LDC amendment. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: With no public opposition, the CCPC unanimously recommended approval of this amendment at their December 7, 2023, meeting. FISCAL IMPACT: There are no anticipated fiscal impacts to the County, except for the cost of advertising an ordinance amending the LDC. The cost associated with advertising the Ordinance is estimated at $1,008.00. Funds are available within the Unincorporated Area General Fund (1011) and Zoning & Land Development Cost Center (138319). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. -DDP GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. RECOMMENDATION: To direct staff to advertise and bring back for a public hearing an Ordinance amending the Land Development Code to update citations and correct scrivener's errors. Prepared by: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division ATTACHMENT(S) 1. PL20220005067 - Scriveners Errors LDCA (01-08-2023) (PDF) 16.A.2 Packet Pg. 183 01/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Doc ID: 27358 Item Summary: Recommendation to direct staff to advertise and bring back for a public hearing an Ordinance amending the Land Development Code, to update citations and correct scrivener's errors. Meeting Date: 01/23/2024 Prepared by: Title: Planner, Principal – Zoning Name: Eric Johnson 12/19/2023 1:40 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 12/19/2023 1:40 PM Approved By: Review: Zoning Mike Bosi Division Director Completed 12/19/2023 2:03 PM Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 12/26/2023 10:03 AM Operations & Regulatory Management Michael Stark Additional Reviewer Completed 12/27/2023 9:07 AM Growth Management Community Development Department Diane Lynch Department review Completed 01/08/2024 4:55 PM Growth Management Community Development Department James C French Growth Management Completed 01/09/2024 2:03 PM County Attorney's Office Derek D. Perry Additional Reviewer Completed 01/12/2024 8:23 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/16/2024 8:31 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2024 9:05 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/16/2024 10:41 AM County Manager's Office Ed Finn Level 4 County Manager Review Completed 01/16/2024 5:41 PM Board of County Commissioners Geoffrey Willig Meeting Pending 01/23/2024 9:00 AM 16.A.2 Packet Pg. 184 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08- 2023).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20220005067 SUMMARY OF AMENDMENT This amendment corrects scrivener’s errors and updates cross-references related to various Land Development Code (LDC) sections. ORIGIN Growth Management Community Development Department (GMCDD) HEARING DATES LDC SECTION TO BE AMENDED BCC 01/23/2024 1.08.01 1.08.02 2.02.02 2.03.01 2.03.02 2.03.03 2.03.07 2.03.08 4.02.14 4.03.03 4.06.04 5.05.15 6.01.02 10.02.04 10.02.08 Appendix C Abbreviations Definitions District Nomenclature Agricultural Districts Residential Zoning Districts Commercial Zoning Districts Overlay Zoning Districts Rural Fringe Zoning Districts Design Standards for Development in the ST and ACSC-ST Districts Subdivision Exemptions Trees and Vegetation Protection Conversion of Golf Courses Easements Requirements for Preliminary and Final Subdivision Plats Requirements for Amendments to the Official Zoning Atlas FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION CCPC 12/07/2023 DSAC 11/01/2023 11/02/2022 DSAC- LDR 10/17/2023 08/24/2022 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval DSAC Approval CCPC Approval 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. 16.A.2.a Packet Pg. 185 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08- 2023).docx LDC section 2.02.02 D.: Addition of “BP” to include the Business Park District. LDC section 2.03.01 B.1.c.5.: The reference to LDC subsection 2.03.01 B.3.f. is incorrect, and the correct reference is LDC subsection 2.03.01 B.1.c.6. The reference to Florida State Statute 429.402 is incorrect, and the correct reference is 429.02. LDC section 2.03.02 A.1.c.7.: The reference to LDC subsection 2.03.02 3.h. is incorrect. The correct reference is LDC subsection 2.03.02 A.1.c.8. LDC section 2.03.03 B.1.c.8.: The word “principle” should read “principal” since the word has a different meaning. LDC section 2.03.03 C.1.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 2.03.07 I.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 has been updated from V.F. to V.G. 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.1.a.(5): The LDC section citation for 2.03.08 C. is incorrect and has been updated to 2.03.08 B. LDC section 2.03.08 B.1.b.: The typo, “eth” has been corrected to the intended word “the”. 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 labeling from “b.” to “a.” 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 B.4., not 10.02.04 B.4. alone. LDC section 10.02.08 B.1. thru B.3.: This is an editorial correction, the capitalization of proper nouns. Appendix C A.7.: This is an editorial correction to correct grammar punctuation. 16.A.2.a Packet Pg. 186 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) 3 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08- 2023).docx DSAC-LDR Subcommittee Recommendation: On October 17, 2023, the DSAC-LDR Subcommittee recommended approval of the LDC amendment. DSAC Recommendation: On November 1, 2023, the DSAC recommended approval of the LDC amendment. F FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. 16.A.2.a Packet Pg. 187 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx Amend the LDC as follows: 1 1.08.01 – Abbreviations 2 3 * * * * * * * * * * * * * 4 5 C-1 Commercial Districts Commercial Professional and General Office District 6 * * * * * * * * * * * * * 7 8 RNC Residential Neighborhood Commercial Subdistrict 9 * * * * * * * * * * * * * 10 11 VR Village Residential Zoning Districts 12 * * * * * * * * * * * * * 13 # # # # # # # # # # # # # 14 15 1.08.02 – Definitions 16 17 * * * * * * * * * * * * * 18 19 Family care facility: A residential facility designed to be occupied by not more than 6 persons 20 under care, plus staff as required by rule 59A-36.010, F.A.C., and constituting a single dwelling 21 unit (i.e., adult congregate living facility for: aged persons; developmentally disabled persons; 22 physically disabled or handicapped persons; mentally ill persons; and persons recovering from 23 alcohol and/or drug abuse). Foster care facilities are also included, but not the uses listed under 24 group care facility (category II). This use shall be applicable to single-family dwelling units and 25 mobile homes. 26 27 * * * * * * * * * * * * * 28 29 Guesthouse: An accessory dwelling structure which is attached to or detached from, a principal 30 dwelling located on the same residential parcel and which an accessory dwelling serves as an 31 ancillary use providing living quarters for the occupants of the principal dwelling, their temporary 32 guests or their domestic employees and which may contain kitchen facilities. Guesthouses are 33 not permitted in development that is receiving an AHDB. See LDC 34 sections 4.01.02, 5.03.03 and 2.05.021 for additional information. 35 36 * * * * * * * * * * * * * 37 # # # # # # # # # # # # # 38 39 2.02.02 – District Nomenclature 40 41 * * * * * * * * * * * * * 42 16.A.2.a Packet Pg. 188 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx 1 D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," 2 "industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall 3 be construed to include: I, BP, and industrial components in PUDs. 4 5 * * * * * * * * * * * * * 6 # # # # # # # # # # # # # 7 8 2.03.01 – Agricultural Districts 9 10 * * * * * * * * * * * * * 11 12 B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for 13 low density residential development in a semi-rural to rural environment, with limited 14 agricultural activities. In addition to low density residential development with limited 15 agricultural activities, the E district is also designed to accommodate as conditional 16 uses, development that provides services for and is compatible with the 17 low density residential, semi-rural and rural character of the E district. The E district 18 corresponds to and implements the estates land use designation on the future land use 19 map of the Collier County GMP, although, in limited instances, it may occur outside of the 20 estates land use designation. The maximum density permissible in the E district shall be 21 consistent with and not exceed the density permissible or permitted under the estates 22 district of the future land use element of the Collier County GMP as provided under the 23 Golden Gate Master Plan. 24 25 1. The following subsections identify the uses that are permissible by right and the 26 uses that are allowable as accessory or conditional uses in the estates district (E). 27 28 * * * * * * * * * * * * * 29 30 c. Conditional uses. For Estates zoning within the Golden Gate Estates 31 subdivision, the Golden Gate Area Master Plan in the GMP restricts the 32 location of conditional uses. The following uses are permissible 33 as conditional uses in the estates district (E), subject to the standards and 34 procedures established in LDC section 10.08.00: 35 36 * * * * * * * * * * * * * 37 38 5. Group care facilities (category I); care units, subject to the 39 provisions of LDC subsection 2.03.01 B.3.f1.c.6.; nursing homes; 40 assisted living facilities pursuant to § 429.402 429.02 F.S. and ch. 41 59A-36 F.A.C.; and continuing care retirement communities 42 pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC 43 section 5.05.04. 44 45 * * * * * * * * * * * * * 46 # # # # # # # # # # # # # 47 48 2.03.02 – Residential Zoning Districts 49 50 16.A.2.a Packet Pg. 189 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx * * * * * * * * * * * * * 1 2 A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The 3 purpose and intent of the residential single-family districts (RSF) is to provide lands 4 primarily for single-family residences. These districts are intended to be single-family 5 residential areas of low density. The nature of the use of property is the same in all of 6 these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 7 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot 8 coverage, parking, landscaping and signs. Certain structures and uses designed to serve 9 the immediate needs of the single-family residential development in the RSF districts such 10 as governmental, educational, religious, and noncommercial recreational uses are 11 permitted as conditional uses as long as they preserve and are compatible with the single-12 family residential character of the RSF district[s]. The RSF districts correspond to and 13 implement the urban mixed use land use designation on the future land use map of the 14 Collier County GMP. The maximum density permissible in the residential single-family 15 (RSF) districts and the urban mixed use land use designation shall be guided, in part, by 16 the density rating system contained in the future land use element of the Collier County 17 GMP. The maximum density permissible or permitted in the RSF district shall not exceed 18 the density permissible under the density rating system, except as permitted by policies 19 contained in the future land use element. 20 21 1. The following subsections identify the uses that are permissible by right and the 22 uses that are allowable as accessory or conditional uses in the residential single-23 family districts (RSF). 24 25 * * * * * * * * * * * * * 26 27 c. Conditional uses. The following uses are permissible as conditional uses in 28 the residential single-family districts (RSF), subject to the standards and 29 procedures established in LDC section 10.08.00. 30 31 * * * * * * * * * * * * * 32 33 7. Group care facilities (category I); care units subject to the provisions 34 of LDC subsection 2.03.02 3.hA.1.c.8.; nursing homes; assisted 35 living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and 36 continuing care retirement communities pursuant to ch. 651 F.S. 37 and ch. 69O-193 F.A.C.; all subject to LDC section 5.05.04. 38 39 * * * * * * * * * * * * * 40 # # # # # # # # # # # # # 41 42 2.03.03 – Commercial Zoning Districts 43 44 * * * * * * * * * * * * * 45 46 B. Commercial Convenience District (C-2). The purpose and intent of the commercial 47 convenience district (C-2) is to provide lands where commercial establishments may be 48 located to provide the small-scale shopping and personal needs of the surrounding 49 residential land uses within convenient travel distance except to the extent that office uses 50 16.A.2.a Packet Pg. 190 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx carried forward from the C-1 district will expand the traditional neighborhood size. 1 However, the intent of this district is that retail and service uses be of a nature that can be 2 economically supported by the immediate residential environs. Therefore, the uses should 3 allow for goods and services that households require on a daily basis, as opposed to those 4 goods and services that households seek for the most favorable economic price and, 5 therefore, require much larger trade areas. It is intended that the C-2 district implements 6 the Collier County GMP within those areas designated agricultural/rural; estates 7 neighborhood center district of the Golden Gate Master Plan; the neighborhood center 8 district of the Immokalee Master Plan; and the urban mixed use district of the future land 9 use element permitted in accordance with the locational criteria for commercial and the 10 goals, objectives, and policies as identified in the future land use element of the Collier 11 County GMP. The maximum density permissible in the C-2 district and the urban mixed 12 use land use designation shall be guided, in part, by the density rating system contained 13 in the future land use element of the Collier County GMP. The maximum density 14 permissible or permitted in a district shall not exceed the density permissible under the 15 density rating system. 16 17 1. The following uses, as identified with a number from the Standard Industrial 18 Classification Manual (1987), or as otherwise provided for within this section are 19 permissible by right, or as accessory or conditional uses within the C-2 commercial 20 convenience district. 21 22 * * * * * * * * * * * * * 23 24 c. Conditional uses. The following uses are permissible as conditional uses 25 in the commercial convenience district (C-2), subject to the standards and 26 procedures established in LDC section 10.08.00. 27 28 * * * * * * * * * * * * * 29 30 8. Personal services, miscellaneous (7299 - not listed as principle 31 principal uses and limited to babysitting bureaus; birth certificate 32 agencies; car title and tag services; computer photography or 33 portraits; dating service; diet workshops; dress suit rental; tux 34 rental; genealogical investigation service; hair removal; shopping 35 service for individuals only; wardrobe service, except theatrical; 36 wedding chapels, privately operated) with 1,800 square feet or less 37 of gross floor area in the principal structure. 38 39 * * * * * * * * * * * * * 40 41 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 42 intermediate district (C-3) is to provide for a wider variety of goods and services intended 43 for areas expected to receive a higher degree of automobile traffic. The type and variety 44 of goods and services are those that provide an opportunity for comparison shopping, 45 have a trade area consisting of several neighborhoods, and are preferably located at the 46 intersection of two-arterial level streets. Most activity centers meet this standard. This 47 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts 48 typically aggregated in planned shopping centers. This district is not intended to permit 49 wholesaling type of uses, or land uses that have associated with them the need for outdoor 50 16.A.2.a Packet Pg. 191 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx storage of equipment and merchandise. A mixed-use project containing a residential 1 component is permitted in this district subject to the criteria established herein. The C-3 2 district is permitted in accordance with the locational criteria for commercial and the goals, 3 objectives, and policies as identified in the future land use element of the Collier County 4 GMP. The maximum density permissible in the C-3 district and the urban mixed use land 5 use designation shall be guided, in part, by the density rating system contained in the 6 future land use element of the Collier County GMP. The maximum density permissible or 7 permitted in the C-3 district shall not exceed the density permissible under the density 8 rating system. 9 10 1. The following uses, as identified with a number from the Standard Industrial 11 Classification Manual (1987), or as otherwise provided for within this section are 12 permissible by right, or as accessory or conditional uses within the commercial 13 intermediate district (C-3). 14 15 * * * * * * * * * * * * * 16 17 a. Permitted uses. 18 19 * * * * * * * * * * * * * 20 21 42. Group care facilities (category I and II, except for homeless 22 shelters); care units, except for homeless shelters; nursing homes; 23 assisted living facilities pursuant to § 429.02 F.S. and ch. 589A-36 24 59A-36 F.A.C.; and continuing care retirement communities 25 pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC 26 section 5.05.04. 27 28 * * * * * * * * * * * * * 29 # # # # # # # # # # # # # 30 31 2.03.07 – Overlay Zoning Districts 32 33 * * * * * * * * * * * * * 34 35 F. Golden Gate Parkway Overlay District (GGPOD) 36 37 * * * * * * * * * * * * * 38 39 2. Applicability. 40 41 * * * * * * * * * * * * * 42 43 b. Property owners within the GGPOD may establish uses, densities, and 44 intensities in accordance with the underlying zoning classification of the 45 GGPOD. The design standards of the GGPOD pursuant to LDC section 46 4.02.06 26 shall apply. 47 48 * * * * * * * * * * * * * 49 50 16.A.2.a Packet Pg. 192 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 1 distinct subdistricts for the purpose of establishing development criteria suitable for the 2 unique land use needs of the Immokalee Community. The boundaries of the Immokalee 3 Urban Overlay District are delineated on the maps below. 4 5 * * * * * * * * * * * * * 6 7 6. Nonconforming Mobile Home Site Overlay Subdistrict. Establishment of special 8 conditions for these properties which by virtue of actions preceding the adoption 9 of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming 10 as a result of inconsistencies with the land development code, and are located 11 within the Immokalee Urban Boundary as depicted on the Immokalee Area Master 12 Plan. 13 14 * * * * * * * * * * * * * 15 16 d. Density. Once the existing conditions site improvement plan is approved, 17 owners may replace mobile home units with an approved building permit 18 at sites shown on the site plan. Replacement units may be larger than the 19 removed unit, so long as the minimum separation standards established in 20 LDC section 2.03.067 G.6.c.i are met. 21 22 * * * * * * * * * * * * * 23 24 I. Bayshore Zoning Overlay District (BZO). This section provides special conditions for the 25 properties adjacent to Bayshore Drive as identified by the designation "BZO" on the 26 applicable official Collier County Zoning Atlas Map or map series. 27 28 * * * * * * * * * * * * * 29 30 3. Relationship to the Underlying Zoning Classification and the GMP. 31 32 a. The purpose of the BZO is to fulfill the goals, objectives and policies of the 33 GMP, as may be amended. Specifically, the BZO implements the 34 provisions of section V.FG., Bayshore Gateway Triangle Redevelopment 35 Overlay, of the FLUE. Portions of the BZO coincide with Mixed Use Activity 36 Center #16 designated in the FLUE. Development in the activity center is 37 governed by requirements of the underlying zoning district and the mixed 38 use activity center subdistrict requirements in the FLUE, except for site 39 development standards as stated in LDC section 4.02.16. 40 41 N. Gateway Triangle Zoning Overlay District (GTZO). This section contains special 42 conditions for the properties in and adjacent to the Gateway Triangle as identified by the 43 designation "GTZO" on the applicable official Collier County Zoning Atlas Map or map 44 series. 45 46 * * * * * * * * * * * * * 47 48 3. Relationship to the Underlying Zoning Classification and Collier County Growth 49 Management Plan. 50 16.A.2.a Packet Pg. 193 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx 1 a. The purpose of the GTZO is to fulfill the goals, objectives and policies of 2 the GMP, as may be amended. Specifically, the GTZO implements the 3 provisions of section V.FG., Bayshore Gateway Triangle Redevelopment 4 Overlay, of the Future Land Use Element. Portions of the GTZO that 5 coincide with Mixed Use Activity Center #16 as designated in the FLUE of 6 the GMP. Development standards in the activity center is governed by 7 requirements of the underlying zoning district requirements and the mixed 8 use activity center subdistrict requirements in the FLUE, except for site 9 development standards as stated in LDC section 4.02.16. 10 11 * * * * * * * * * * * * * 12 13 4. Gateway Triangle Zoning Overlay District (GTZO) Subdistricts. 14 15 * * * * * * * * * * * * * 16 17 b. Use Categories and Table of Uses. 18 19 * * * * * * * * * * * * * 20 21 iii. Table of Uses. 22 23 Table 2. Table of Uses for the GTZO Subdistricts 24 USE TYPE GTZO SUBDISTRICTS ADDITIONAL STANDARDS RESIDENTIAL MIXED USE a) RESIDENTIAL 25 * * * * * * * * * * * * * 26 27 7) Guesthouse A A 5.05.04 5.03.03 and 4.02.16 C.2. 28 * * * * * * * * * * * * * 29 # # # # # # # # # # # # # 30 31 2.03.08 – Rural Fringe Zoning Districts 32 33 A. Rural Fringe Mixed-Use District (RFMU District). 34 35 * * * * * * * * * * * * * 36 37 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 38 district that have been identified as being most appropriate for development and 39 16.A.2.a Packet Pg. 194 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx to which residential development units may be transferred from RFMU sending 1 lands. Based on the evaluation of available data, RFMU receiving lands have a 2 lesser degree of environmental or listed species habitat value than RFMU sending 3 lands and generally have been disturbed through development or previous or 4 existing agricultural operations. Various incentives are employed to 5 direct development into RFMU receiving lands and away from RFMU sending 6 lands, thereby maximizing native vegetation and habitat preservation and 7 restoration. Such incentives include, but are not limited to: the TDR 8 process; clustered development; density bonus incentives; and provisions for 9 central sewer and water. Within RFMU receiving lands, the following standards 10 shall apply, except as noted in LDC subsection 2.03.08 A.1 above, or as more 11 specifically provided in an applicable PUD. 12 13 * * * * * * * * * * * * * 14 15 b. Rural villages. Rural villages, including rural villages within the NBMO, may 16 be approved within the boundaries of RFMU receiving lands, subject to the 17 following: 18 19 * * * * * * * * * * * * * 20 21 (1) Allowable Uses: 22 23 * * * * * * * * * * * * * 24 25 (c) All permitted and accessory uses listed in the C-4 General 26 Commercial District, section 2.03.023 (ED), subject to the 27 design guidelines and development standards set forth in 28 this Section. 29 30 * * * * * * * * * * * * * 31 32 B. Natural resource protection area overlay district (NRPA). 33 34 1. Purpose and intent. The purpose and intent of the Natural Resource Protection 35 Area Overlay District (NRPA) is to: protect endangered or potentially endangered 36 species by directing incompatible land uses away from their habitats; to identify 37 large, connected, intact, and relatively unfragmented habitats, which may be 38 important for these listed species; and to support State and Federal agencies' 39 efforts to protect endangered or potentially endangered species and their habitats. 40 NRPAs may include major wetland systems and regional flow-ways. These lands 41 generally should be the focus of any federal, state, County, or private acquisition 42 efforts. Accordingly, allowable land uses, vegetation preservation standards, 43 development standards, and listed species protection criteria within NRPAs set 44 forth herein are more restrictive than would otherwise be permitted in the 45 underlying zoning district and shall to be applicable in addition to any standards 46 that apply tin the underlying zoning district. 47 48 * * * * * * * * * * * * * 49 50 16.A.2.a Packet Pg. 195 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 12 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx a. NRPA overlay areas. NRPAs are located in the following areas: 1 2 * * * * * * * * * * * * * 3 4 (5) South Golden Gate Estates. 5 The NRPA lands within the Rural Fringe Mixed Use District to which 6 the Section 2.03.08 C.B. regulations apply (i.e. - numbers 3 and 4 7 above) are depicted by the following map: 8 9 * * * * * * * * * * * * * 10 11 b. NRPAS designated as RFMU sending lands within the RFMU district. 12 NRPAs located in the RFMU district are identified as RFMU sending lands 13 and are further subject to the provisions, conditions and standards set forth 14 in section 2.03.08 (A)(4). Private property owners within these NRPAs may 15 transfer residential development rights from these important 16 environmentally sensitive lands to other identified "receiving" lands 17 pursuant to eth the specific provisions set forth in section 2.01.03 of this 18 Code. 19 20 * * * * * * * * * * * * * 21 # # # # # # # # # # # # # 22 23 4.02.14 – Design Standards for Development in the ST and ACSC-ST Districts 24 25 * * * * * * * * * * * * * 26 27 B. All development orders issued for projects within the ACSC-ST shall be transmitted to the 28 State of Florida, Department of Economic Opportunity Commerce, for review with the 29 potential for appeal to the administration commission pursuant to Florida Administrative 30 Code, development order Requirements for Areas of Critical State Concern. 31 32 * * * * * * * * * * * * * 33 # # # # # # # # # # # # # 34 35 4.03.03 – Subdivision Exemptions 36 37 * * * * * * * * * * * * * 38 39 G. Rural area subdivision requirements. 40 41 * * * * * * * * * * * * * 42 43 3. Access agreement. The owner of property applying for a building permit shall 44 execute a release and waiver agreement which shall be executed and recorded at 45 the applicant's expense in the official records of Collier County. The release and 46 waiver agreement shall be in a form approved by the county attorney or designee, 47 and shall include, at a minimum, the following provisions and a copy of the 48 recorded agreement submitted with the property owner's building permit 49 application: 50 16.A.2.a Packet Pg. 196 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 13 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx 1 * * * * * * * * * * * * * 2 3 k. An acknowledgment that the Department of Economic 4 Opportunity Commerce (DEO) may review and appeal any development 5 order issued by Collier County within the Big Cypress Area of Critical State 6 Concern. Also, confirmation that the applicant will execute, prior to 7 issuance of any development order by Collier County, a statement of 8 understanding of the DEO Department of Commerce review requirements 9 in the form approved by the DEO Department of Commerce; and 10 11 * * * * * * * * * * * * * 12 # # # # # # # # # # # # # 13 14 4.06.04 – Trees and Vegetation Protection 15 16 A. Vegetation Removal and Site Filling. Unless exempted by Section 3.05.02, clearing and 17 filling for Site Development Plans (SDP), Site Improvement Plans (SIP), Plans and Plat 18 (PPL) and Vegetation Removal and Site Fill Permits (VRSFP) shall be in accordance 19 with Section 3.05.05 and the following criteria. The following shall not apply to the Golden 20 Gate Estates subdivision. 21 22 * * * * * * * * * * * * * 23 24 3. Stabilization: 25 26 * * * * * * * * * * * * * 27 28 e. For subdivisions and VRSFPs within subdivisions, excluding VRSFPs for 29 clearing and filling of 5 lots or less or for temporary access pursuant 30 to 4.06.04 A.2.a, b and c (above), a vegetation bond in the form of a 31 performance bond, letter of credit, or cash bond and in the amount of 32 $5,000.00 per acre must be posted. Bonds shall be released to 33 the applicant on a prorated basis based upon issuance of building permits 34 or stabilization of fill. 35 36 * * * * * * * * * * * * * 37 # # # # # # # # # # # # # 38 39 5.05.15 – Conversion of Golf Courses 40 41 * * * * * * * * * * * * * 42 43 C. Application process for conversion applications. 44 45 * * * * * * * * * * * * * 46 47 2. Developer's Alternatives Statement requirements. The purpose of the 48 Developer's Alternatives Statement (DAS) is to serve as a tool to inform 49 stakeholders and the County about the applicant's development options 50 16.A.2.a Packet Pg. 197 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 14 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx and intentions. It is intended to encourage communication, cooperation, 1 and consensus building between the applicant, the stakeholders, and the 2 County. 3 4 b.a. Alternatives. The DAS shall be prepared by the applicant and shall clearly 5 identify the goals and objectives for the conversion project. The DAS shall 6 address, at a minimum, the three alternatives noted below. The alternatives 7 are not intended to be mutually exclusive; the conceptual development plan 8 described below may incorporate one or more of the alternatives in the 9 conversion project. 10 11 * * * * * * * * * * * * * 12 # # # # # # # # # # # # # 13 14 6.01.02 – Easements 15 16 If applicable, easements shall be provided along lot lines or along the alignment of the 17 improvements requiring easements in accordance with all design requirements so as to provide 18 for proper access to, and construction and maintenance of, the improvements. All such 19 easements shall be properly identified on the preliminary subdivision plat and dedicated on the 20 final subdivision plat. 21 22 * * * * * * * * * * * * * 23 24 C. Protected/preserve area and easements. A nonexclusive easement or tract in favor of 25 Collier County, without any maintenance obligation, shall be provided for all 26 "protected/preserve" areas required to be designated on the preliminary and final 27 subdivision plats or only on the final subdivision plat if the applicant chooses not to submit 28 the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting 29 a protected/preserve area required to be designated on the preliminary and final 30 subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit 31 the optional preliminary subdivision plat, shall have a minimum setback as required by the 32 LDC, or other setback that may be approved as a deviation through the PUD approval 33 process by the Board of County Commissioners from the boundary of such 34 protected/preserve area in which no principle principal structure may be constructed. The 35 required preserve principal structure setback line and the accessory structure setback 36 lines shall be clearly indicated and labeled on the final plat where applicable. Further, the 37 preliminary and final subdivision plats, or only on the final subdivision plat if the applicant 38 chooses not to submit the optional preliminary subdivision plat, shall require that no 39 alteration, including accessory structures, fill placement, grading, plant alteration or 40 removal, or similar activity shall be permitted within such setback area without the prior 41 written consent of the County Manager or designee; provided, in no event shall these 42 activities be permitted in such setback area within ten feet of the protected/preserve area 43 boundary. Additional regulations regarding preserve setbacks and buffers are located in 44 Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted 45 or simply identified by a recorded conservation easement. The boundaries of all required 46 easements shall be dimensioned on the final subdivision plat. Required 47 protected/preserve areas shall be identified as separate tracts or easements having 48 access to them from a platted right-of-way. No individual residential or commercial lot or 49 parcel lines may project into them when platted as a tract. If the protected/preserve area 50 16.A.2.a Packet Pg. 198 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 15 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx is determined to be jurisdictional in nature, verification must be provided which documents 1 the approval of the boundary limits from the appropriate local, state or federal agencies 2 having jurisdiction and when applicable pursuant to the requirements and provisions of 3 the growth management plan. All required easements or tracts for protected/preserve 4 areas shall be dedicated and also establish the permitted uses for said easement(s) and/or 5 tracts on the final subdivision plat to Collier County without the responsibility for 6 maintenance and/or to a property owners' association or similar entity with maintenance 7 responsibilities. An applicant who wishes to set aside, dedicate or grant additional 8 protected preserve areas not otherwise required to be designated on the preliminary 9 subdivision plat and final subdivision plats, or only on the final subdivision plat if the 10 applicant chooses not to submit the optional preliminary subdivision plat, may do so by 11 grant or dedication without being bound by the provisions of this section. 12 13 * * * * * * * * * * * * * 14 # # # # # # # # # # # # # 15 16 10.02.04 – Requirements for Preliminary and Final Subdivision Plats 17 18 * * * * * * * * * * * * * 19 20 E. General Requirements for Construction Plans (CNSTR). 21 22 * * * * * * * * * * * * * 23 24 2. Application and process. 25 26 * * * * * * * * * * * * * 27 28 c. Construction plans shall be reviewed and approved pursuant to LDC 29 section 10.02.04 B.3 and B.4, as applicable. 30 31 * * * * * * * * * * * * * 32 # # # # # # # # # # # # # 33 34 10.02.08 – Requirements for Amendments to the Official Zoning Atlas 35 36 * * * * * * * * * * * * * 37 38 B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by: 39 40 1. Board of cCounty cCommissioners. 41 2. Planning cCommission. 42 3. Board of zZoning aAppeals. 43 44 * * * * * * * * * * * * * 45 # # # # # # # # # # # # # 46 47 APPENDIX C – FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND 48 SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION 49 50 16.A.2.a Packet Pg. 199 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 16 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2024\01-23\Materials\PL20220005067 - Scriveners Errors LDCA (01-08-2023).docx * * * * * * * * * * * * * 1 2 A. DEDICATE TO THE (insert homeowners' association or legal entity): 3 4 * * * * * * * * * * * * * 5 6 7. All conservation/preserve areas/easements as follows: 7 ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE 8 DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILITY FOR 9 MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or 10 EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR 11 PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERVATION 12 or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED TO,: 13 CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; 14 DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; 15 REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER 16 VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION 17 REMOVAL; EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL 18 DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO 19 DRAINAGE;, FLOOD CONTROL, WATER CONSERVATION, EROSION 20 CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR 21 PRESERVATION. 22 23 * * * * * * * * * * * * * 24 # # # # # # # # # # # # # 25 26 16.A.2.a Packet Pg. 200 Attachment: PL20220005067 - Scriveners Errors LDCA (01-08-2023) (27358 : Direction to Advertise LDC Amendment - Scrivener's Errors)