Agenda 03/12/2024 Item #16A14 (Advertise Ordinance amending the LDC)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
March 12, 2024
Add-on Item 16H4: Proclamation designating March 21 – 31, 2024, as the 48th Anniversary of the Collier Fair.
The proclamation will be mailed to Rhonda Ward, Collier Fair Manager. (Commissioner McDaniel’s Request)
Move Item 3C1 to the March 26, 2024, BCC Meeting: Recognizing Nolan Sapp for his 46 years of dedicated
public safety service upon retirement. (Staff Request)
Move Item 17A to 9A: This item requires the Commission members to provide ex-parte disclosure. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning
ordinance for the NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe
Mixed Use District-Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and
industrial uses and 75 Travel-Trailer-Recreational Vehicle campground units on property located 450± feet
northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard in Section
18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34± acres; and by providing an
effective date. (Companion to Item 17B) (Commissioner LoCastro’s Request)
Move Item 17B to 9B: Recommendation to approve an ordinance amending the Future Land Use Element and
Future Land Use Map and map series of the Growth Management Plan to create the East Tamiami Trail Mixed Use
Subdistrict, to allow up to 356,000 square feet of gross floor area of heavy commercial and industrial uses, and up
to 75 travel trailer-recreational vehicle campground units. The subject property is located 450± feet northeast of the
intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard, in section 18, township 51
south, range 27 east, Collier County, Florida, consisting of 33.523± acres. (Companion to Item 17A)
Commissioner LoCastro’s Request)
Move Item 16A14 to 11F: Recommendation to direct staff to advertise and bring back an Ordinance amending the
Land Development Code to update the regulations relating to the removal of prohibited exotic vegetation. (By
separate requests of Commissioners LoCastro, Kowal, and Hall)
Move Item 16F7 to 11G: Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8182, the
Caxambas Park and Boat Rehabilitation Project” to Kelly Brothers, Inc., in the amount of $2,735,926.67,
authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendment. (Project
No. 50280). (By separate requests of Commissioners LoCastro and Kowal)
Notes:
Item 16B7 should be corrected to read as follows: Recommendation to authorize electronic submission by staff
the County Manager or designee of a Small County Outreach Program for Rural Areas of Opportunities application
with the Florida Department of Transportation to fund the construction of a paved shoulder to improve safety on a
segment of Immokalee Road (CR 846E) in the amount of $999,855.21.
Item 17A, Attachment A – Revised Ordinance, Exhibit F, under “VI. HOURS OF OPERATION” the following
language should be added:
B. Every 5 years from the date of adoption of the Ordinance, staff will provide a report to the Collier
County Board of County Commissioners on the hours of operation for loading and crushing of concrete, the
impacts to owners and whether any complaints have been made to the County. Upon a finding of public
purpose, the Board reserves the right to modify the hours of operation to 8 a.m. to 6 p.m. at such meeting
without an advertised hearing.”
TIME CERTAIN ITEMS:
Item 10A to be heard 9:30 AM: Recommendation to submit a Community Project Funding application to
Congressman Mario Diaz-Balart for $6 million to construct a Collier County Veterans Services Center and
Museum.
Item 11A to be heard at 10:30 AM: Recommendation to review a proposed amendment to Ordinance 2002-63,
which established the Conservation Collier Program, which will be advertised for a future Board meeting.
Item 11B to be heard at 1 PM: After-action report for the 2024 Florida legislative session.
Item 11C to be heard no sooner than 1:30 PM: Recommendation to accept a project update on the Collier
County Behavioral Health Center and proceed with the design for 87 total beds.
3/12/2024 3:53 PM
03/12/2024
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development
Code to update the regulations relating to the removal of prohibited exotic vegetation.
OBJECTIVE: To direct staff to advertise and bring back an Ordinance amending the Land Development Code
(LDC) to direct staff to advertise and bring back an Ordinance amending the Land Development Code to update the
regulations relating to the removal of prohibited exotic vegetation.
CONSIDERATIONS: The first tree protection ordinance was adopted by the County as Ord. No. 1973-23. It
included provisions for a tree removal permit process and identified a short list of tree species that were exempted
from protection. The ordinance was amended in 1974 and then repealed/replaced twice, once in 1975 and again in
1976, the latter of which represents the time when the County adopted comprehensive zoning regulations for the
Coastal Area Planning District (Ord. No. 1976-30).
When Ord. No. 1979-73 was adopted, and the County started requiring the removal of exotic plants on properties
where improvements were proposed, except on lands used for agricultural purposes or on properties zoned and
platted for single-family residential homes. In January 1982, the County adopted a new zoning ordinance (Ord. No.
1982-2); however, this new ordinance inadvertently omitted the Exotic Vegetation Section and was corrected in
May 1982 with the adoption of Ord. No. 1982-37, reinstituting the requirement that exotics be removed on all
lands, except for single-family residential use or agriculturally zoned lands.
Additional changes to the code would be made over the years, notably with the adoption of Ord. No. 2004 -08
introduced the requirement for preserve management plans and the removal of exotic vegetation within the first 75
feet of the outer edge of every preserve; however, single family residences were specifically exempted. When the
code was comprehensively updated again with the passage of Ord. No. 2004-41, the requirement for removing
exotic vegetation prior to the issuance of a certificate of occupancy was extended to include new principal and
accessory structures on single and two family lots. However, tents, awnings, cabanas, utility storage sheds, and
screen enclosures were not exempted until the adoption of Ord. No. 2005-27.
Subsequent amendments to LDC section 3.05.08 occurred in 2008 and 2015. At the Board hearing on December
12, 2023, under Staff and Commission General Communications, Commissioner Hall requested that staff update
the LDC as it pertains to the removal of exotic vegetation.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC will review
this Land Development Code amendment on March 7, 2024.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: On February 7,
2024, the DSAC recommended denial of the proposed LDC amendment. Prior to voting, some members of the
DSAC expressed the following concerns:
1. The LDC amendment is unfair, because developers will incur the cost of removing exotics on their own
property when the seed-source (of prohibited exotic plant material) will be from neighboring properties,
and that a cleared area of 7.5 feet is insufficient. Most of the damage from hurricanes occurs from the
exotic vegetation flying around during high winds.
2. Understands the removal of exotic plants is for the betterment of the whole community. The requirement
to remove exotics is a good requirement.
3. The LDC amendment would perpetuate the spreading of exotics, as noted by observing the presence of
pepper hedge on vacant lots along the rights-of-way.
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4. The LDC amendment is unfair in that it exempts residential but not commercial.
5. Will create confusion with respect to the lots in Golden Gate (Estates), as many have wetlands and are
required to remove exotics for their DEP and federal permitting (County species vs. State and Federal
species).
On January 16, 2024, the DSAC- Land Development Review Subcommittee (DSAC-LDR Subcommittee)
recommended approval of the LDC amendment, contingent upon eliminating the proposed text on page 4, lines 39-
40 (“within the approved cleared area and within seven and one-half (7.5) feet from all property lines”) and the
similar text on page 4, lines 48-49.
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) an d Zoning & Land Development Cost Center
(138319).
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote. -DDP
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
RECOMMENDATION: To direct staff to advertise and bring back an Ordinance amending the LDC for a public
hearing.
Prepared by: Eric L. Johnson, AICP, CFM, LDC Planning Manager, Zoning Division
ATTACHMENT(S)
1. PL20230018350 - Updates to Removal of Exotics LDCA (03-05-2024) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 27826
Item Summary: Recommendation to direct staff to advertise and bring back an Ordinance amending the Land
Development Code to update the regulations relating to the removal of prohibited exotic vegetation.
Meeting Date: 03/12/2024
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
02/09/2024 3:21 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
02/09/2024 3:21 PM
Approved By:
Review:
Building Plan Review & Inspections Diane Lynch GMCDD Reviewer Skipped 02/12/2024 1:20 PM
Zoning Mike Bosi Division Director Completed 02/13/2024 10:59 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 02/21/2024 5:15 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
02/26/2024 9:09 AM
Growth Management Community Development Department Diane Lynch Department review Completed
02/27/2024 4:36 PM
Unknown Jaime Cook Additional Reviewer Completed 03/04/2024 1:22 PM
Growth Management Community Development Department James C French Growth Management Completed
03/04/2024 2:35 PM
County Attorney's Office Derek D. Perry CAO Reviewer Completed 03/06/2024 8:30 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/06/2024 8:44 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/06/2024 9:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/06/2024 11:16 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/06/2024 12:33 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20230018350
SUMMARY OF AMENDMENT
This amendment updates the provisions related to the removal of prohibited
exotic vegetation in the Land Development Code (LDC) by identifying
additional site improvements that may occur without initiating the removal
requirements. LDC amendments are reviewed by the Board, Collier
County Planning Commission (CCPC), Development Services Advisory
Committee (DSAC), and the Land Development Review S ubcommittee of
the DSAC (DSAC-LDR Subcommittee).
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES LDC SECTION TO BE AMENDED
BCC 03/12/2024 03.05.08 Requirement for Removal of Prohibited Exotic Vegetation
CCPC 03/07/2024
02/15/2024
DSAC 02/07/2024
DSAC-LDR 01/16/2024
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with Recommendations
DSAC
Denial
CCPC
TBD
BACKGROUND
The first tree protection ordinance was adopted by the County as Ord. No. 1973-23. It included provisions for a
tree removal permit process, and it identified a short list of tree species that were exempt ed from protection . The
ordinance was amended in 1974 and then repealed/replaced twice; once in 1975 and again in 1976, the latter of
which representing the time when the County adopted comprehensive zoning regulations for the Coastal Area
Planning District (i.e., Ord. No. 1976-30).
When Ord. No. 1979-73 was adopted, the County started requiring the removal of exot ic plants on properties
where improvements were proposed, except on lands used for agricultural purposes or on properties zoned and
platted for single-family residential homes. In January 1982, the County adopted a new zoning ordinance (Ord.
No. 1982-2); however, this new ordinance inadvertently omitted the Exotic Vegetation Section and was corrected
in May 1982 with t he adoption of Ord. No. 1982-37, reinstituting the requirement that exotics be removed on all
lands, except for single-family residential u se or agriculturally zoned lands.
Additional changes to the code would be m ade over the years, notably with the adoption of Ord. No. 2004-08,
which introduced the requirement for preserve management plans and the removal of exotic vegetation within the
first 75 feet of the outer edge of every preserve; however, single family residences were specifically exempted.
When the code was comprehensively updated again with the passage of Ord. No. 2004-41, the requirement for
removing exotic vegetation prior to th e issuance of a certificate of occupancy was extended to include new
principal and accessory structures on single and two family lots. However, tents, awnings, cabanas, utility storage
sheds, and screen enclosures were not exempted until the adoption of Ord. No. 2005-27.
Subsequent amendments to LDC section 3.05.08 occurred in 2008 and 2015 . At the Board hearing on December
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LDCA (03-05-2024).docx
12, 2023, under Staff and Commission General Communications, Commissioner Hall requested that staff update
the LDC as it pertains to the removal of exotic vegetation .
DSAC-LDR Subcommittee Recommendation:
On January 16, 2024, the DSAC-LDR Subcommittee recommended approval of the LDC amendment,
contingent upon eliminating the proposed text on page 4, lines 39-40 (“within the approved cleared area
and within seven and one-half (7.5) feet from all property lines”) and the similar text on page 4, lines
48-49. Staff did not incorporate any of the changes recommended by the DSAC -LDR Subcommittee.
DSAC-Recommendation:
On February 7, 2024, the DSAC recommended denial of the proposed LDC amendment. Prior to voting,
some members of the DSAC expressed the following concerns:
1. The LDC amendment is unfair, because developers will incur the cost of re moving exotics on their
own property when t he seed-source (of prohibited exotic plant material) will be from neighboring
properties, and that a cleared area of 7.5 feet is insufficient . Most of the damage from hurricanes occur
from the exotic vegetation f lying around during high winds.
2. Understands the removal of exotic plants is for the betterment of the whole community. The
requirement to remove exotics is a good requirement.
3. The LDC amendment would perpetuate the spreading of exotics, as noted by observing the presence
of pepper hedge on vacant lots along the rights-of-way.
4. The LDC amendment is unfair in that it exempts residential but not commercial.
5. Will create confusion with respect to the lots in Golden Gate (Estates), as many have wetlands and
are required to remove exotics for their DEP and federal permitting (County species vs. State and Federal
species).
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment .
GMP CONSISTENCY
The proposed LDC amendment has been reveiwed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: None
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Amend the LDC as follows:
1
3.05.08 – Requirements for Removal of Prohibited Exotic Vegetation 2
3
Prohibited exotic vegetation specifically includes the following: 4
5
Earleaf acacia (Acacia auriculiformis) 6
7
Australian pine (Casuarina spp.) 8
9
Melaleuca (Melaleuca spp.) 10
11
Catclaw mimose (Minosa pigra) 12
13
Downy rosemyrtle (Rhodomyrtus tomentosa) 14
15
Brazilian pepper (Schinus terebinthifolius) 16
17
Java plum (Syzygium cumini) 18
19
Women's tongue (Albizia lebbeck) 20
21
Climbing fern (Lygodium spp.) 22
23
Air potato (Dioscorea bulbifera) 24
25
Lather leaf (Colubrina asiatica) 26
27
Carrotwood (Cupaniopsis anacardioides) 28
29
A. General. 30
31
1. Prohibited exotic vegetation removal and methods of removal shall be conducted 32
in accordance with the specific provisions of each local development order. 33
34
2. Native vegetation shall be protected during the process of removing prohibited 35
exotic vegetation, in accord with the provisions of LDC section 3.05.04. 36
37
3. Except for Estates (E) zoned lots as described in LDC section 3.05.08 C., 38
pProhibited exotic vegetation shall be removed from the following locations, and 39
within the following timeframes: 40
41
a. From all rights-of-way, common area tracts not proposed for development, 42
and easements prior to preliminary acceptance of each phase of the 43
required subdivision improvements. 44
45
b. From each phase of a site development plan prior to the issuance of the 46
certificate of occupancy for that phase. 47
48
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c. From all golf course fairways, roughs, and adjacent open space/natural 1
preserve areas prior to the issuance of a certificate of occupancy for the 2
first permitted structure associated with the golf course facility. 3
4
d. From property proposing any enlargement of existing interior floor space, 5
paved parking area, or substantial site improvement prior to the issuance 6
of a certificate of occupancy. 7
8
4. In the case of the discontinuance of use or occupation of land or water or structure 9
for a period of 90 consecutive days or more, property owners shall, prior to 10
subsequent use of such land or water or struct ure, conform to the regulations 11
specified by this section. 12
13
5. Verification of prohibited exotic vegetation removal shall be performed by the 14
County Manager or designee.6.Herbicides utilized in the removal of prohibited 15
exotic vegetation shall have been approved by the U.S. Environmental Protection 16
Agency. Any person who supervises up to eight (8) people in the application of 17
pesticides and herbicides in the chemical maintenance of exotic vegetation in 18
preserves, required retained native vegetation areas, wetlands, or LSPA shall 19
maintain the Florida Dept. of Agriculture and Consumer Services certifications for 20
Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent 21
upon the specific area to be treated. When prohibited exotic vegetation is removed, 22
but the base of the vegetation remains, the base shall be treated with an U.S. 23
Environmental Protection Agency approved herbicide and a visual tracer dye shall 24
be applied. 25
26
B. Exotic vegetation maintenance plan. A maintenance plan shall be sub mitted to the County 27
Manager or designee for review on sites which require prohibited exotic vegetation 28
removal prior to the issuance of the local development order. This maintenance plan shall 29
describe specific techniques to prevent reinvasion by prohibit ed exotic vegetation of the 30
site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a 31
minimum. Issuance of the local development order shall be contingent upon approval of 32
the maintenance plan. Noncompliance with this plan shall constitute violation of this 33
section. The County Manager or designee shall inspect sites periodically after issuance of 34
the certificate of occupancy, or other final acceptance, for compliance with this section. 35
36
C. Applicability to new structures and to additions on single-family and two-family lots. In 37
addition to the other requirements of this section, the applicant shall be required to remove 38
all prohibited exotic vegetation before a certificate of occupancy is granted on any new 39
principal or accessory structure and any additions to the square footage of the principal or 40
accessory structures on single-family or two-family lots. For new structures and additions 41
on Estates (E) zoned lots after [effective date of Ordinance], prohibited exotic vegetation 42
shall be removed only from County approved cleared areas and also within seven and 43
one-half (7.5) feet from all property lines, excluding rear yard electric service utility 44
easements. This subsection C shall not apply to tents, awnings, cabanas, utility storage 45
sheds, or screened enclosures not having a roof impervious to weather. This shall not 46
apply to interior remodeling of any existing structure. 47
48
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The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance 1
of a vegetation removal permit, subject to the provisions in LDC section 3.05.02 F. and 2
G., prohibited exotic vegetation may be removed prior to issuance of a building permit. 3
4
D. Exceptions. Prohibited exotic vegetation may remain on property when the County 5
Manager or designee receives a request from the property owner to retain the vegetation. 6
The County Manager or designee shall approve such a request upon finding that at least 7
one of the following criteria has been met. 8
9
1. The prohibited exotic vegetation has been previously approved through the County 10
development review process and planted in accordance with the landscape 11
requirements at the time of final local development order approval. 12
13
2. The subject lot is developed with, or proposed to be developed with, a single family 14
dwelling unit, and: 15
16
a. is not within the RFMU Sending Lands overlay district; and 17
18
b. is not within a NRPA overlay district; and 19
20
c. is not located on a undeveloped coastal barrier island; and 21
22
d. the vegetation requested to be retained is an existing Java plum tree(s) that 23
has attained a single-trunk diameter at breast height (DBH) of 18 inches or 24
more. 25
26
3. The prohibited exotic vegetation contains a nest of a bald eagle. Where such 27
vegetation occurs within a bald eagle nest protection zone, removal shall be in 28
accordance with the FWC Bald Eagle Management Plan and FWC Bald Eagle 29
Management Guidelines, or as otherwise permitted by the FWC and/or USFWS. 30
Where a bald eagle nest is determined to be "lost" as defined by the F WC, such 31
vegetation shall be removed as required by LDC section 3.05.08. 32
33
# # # # # # # # # # # # # 34
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