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CCPC Backup 01/28/2010 LDCccPc WORKSHOP MEETING BACKUP DOCUMENTS JANUARY 28., 2010 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 28, 2010, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. PLANNING COMMISSION ABSENCES 4. ADVERTISED PUBLIC HEARINGS NOTE: PLEASE BE ADVISED THAT THIS MEETING IS A LDC WORKSHOP; NO VOTES FOR TRANSMITTAL OF THE PROPOSED AMENDMENTS WILL BE TAKEN. ACTION FOR TRANSMITTAL OF AMENDMENTS TO THE BCC IS SCHEDULED FOR FEBRUARY 26, 2010. A. Continuation of Capital Improvements Element (CIE) hearing from January 21, 2010 B. Land Development Code (LDC) Amendments: Subsection Descri tion Author Publication Sum. Page 2.03.03 E.I C -5 Commercial Surgical Mfg. (PL2009 -491) R. Yovanovich January 20 -PktI F 59 2.03.07 L Vanderbilt Beach RT Overlay (AR -14378 ) P. White January 20 -PktI J 34 2.03.04 A. La Industrial Zoning Districts PL2009 -338 A. Pires January 20 -PktI G 57 2.05.01 Densit Standards & Housin PL2009 -467 Duane /Yovanovich Janu 20 -Pktl L 69 3.06.06 C Regulated Wel! fields — GG Smith January 20 -PktI R 1 3.06.06 E Regulated Well eelds — FGUAGGC Smith January 20 -Pktl S 3 3.06.06 F Re laced Wel[ gelds —Oran e Tree Smith January 20 -PktI S 5 3.06.06 H Re ulated Wel! fields —AM Smith January 20 -Pktl T 7 3.06.06 H Regulated Well fields —Ave Maria Smith Januar 20 -Pkti T 9 10.02.06 1 Change the requirement for annual vehicle on th Lenberger ME ME January 20 -Pktl FF 229 beach VOB permits to a one -time 2ermit 5.05.02 MPP- Shoreline Calculations Lenber er Januar 20 -Pkt1 BB 199 10.02.07 C Submittal Requirements for COAs I Casalan uida/Patterso January 20 -Pktl I GG I 1 I I A 1 77 11 A 1 79 11 B 80 1.08.02 1 Definitions —Yard -front I Chrzanowski January 20 -Pktl January 20 -Pktl C 83 2.01.00 1 Deletion of Recreational Vehicle Provisions January 20 -Pktl D 85 2.03.01 B. Lb I Estates - Accessory Uses -4H Hogs O 151 January 20 -Pktl E 88 2.03.08 Excavations 3.04.03, 3.04.04 Snecies- Listed Plants LDRs 3.05.07 A -B Native vegetation Definition Single - Family Lenberger January 20 -Pktl N 143 Preserve Setback Clarification 3.05.07 H.I.b Preserve Dimensional Criteria Lenberger January 20 -Pktl O 151 3.05.07 H. Ld Conservation Mechanisms Lember er January 20 -Pkt1 O 155 3.05.07 H. Le Created Preserves, Supplemental Plantings & Lenberger January 20 -Pktl P 159 Off Site Preserve Criteria 05 07 H.I. Preserve Management Plans Lenberger 20 -Pktl 175 4.02.01 D.9 Dimensional Standards for Principal Uses in January 20 -Pktl U 181 Base Zonin Districts —Pool Pum s 4.02.35 B.2 GTMUD, figures 1 -3 -4 -5 January 20 -Pktl V 185 4.03.03, 4.03.04 Lot Line Adjustments Istenes January 20 -Pktl W 193 10.02.02 5.04.04 Model Homes and Sales Centers Weeks January 20 -Pktl Z 197 8.03.00, Deletion of Advisory Boards January 20 -Pktl DD 203 8.0301, 8.03.02 8.0303, 8.03.04 8.03.05, 8.03.06 8.0107, 8.03.08 8.04.00, 8.04.01 8.04.02, 8.04.03 8.04.04, 8.04.05 8.04.06, 8.05.00 8.05.01, 8.05.02 8.05.03, 8.05.04 8.05.05, 8.06.00 8.06.01, 8.06.02 8.06.03, 8.06.04 8.06.05, 8.06.06 8.06.07, 8.06.08 8.06.09, 8.06.10 8.07.00, 8.07.01 8.07.02, 8.07.03 5. OLD BUSINESS 6. NEW BUSINESS 7. ADJOURN NEXT MEETING DATES CCPC Regular Meeting on Thursday, February 4, 2010 CCPC Regular Meeting on Thursday, February 18, 2010 CCPC LDC Meeting on Thursday, February 26, 2010 2 Text underlined is new text to be added Text AtFikethwugh 16 GUFMAt W%rt 19 be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Vanderbilt Beach Resident's Association AUTHOR: Patrick G. White, Esq., Porter, Wright DEPARTMENT: N/A AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC2:69 through LDC2:73 LDC SECTION(S): 2.03.07. Overlay Zoning Districts CHANGE: To modify land development regulations to clarify existing provisions to achieve intent of the Vanderbilt Beach Residential Tourist Overlay. REASON: To address impacts from recent, unanticipated development within the overlay district and adjacent waters. FISCAL & OPERATIONAL IMPACTS: none RELATED CODES OR REGULATIONS: none GROWTH MANAGEMENT PLAN IMPACT: none OTHER NOTES/VERSION DATE: (010810 -1317) Amend the LDC as follows: Sec. 2.03.07. Overlay Zoning Districts + + + + + L. Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO). Purpose and intent. The purpose and intent of this district is to encourage development and redevelopment of the Vanderbilt Beach area to be sensitive to the scale, compatibility, and sense of place that exists in the Vanderbilt Beach area. This district is intended to: establish development standards and Procedures, which will protect view corridors, light, and air movements between the Gulf of Mexico and the Vanderbilt Lagoon, and prevent the creation of a canyon -like effect on each side of the narrow Gulfshore Drive right -of way, and assure reasonable use and access to Vanderbilt Lagoon. 2. Applicability. These regulations and procedures shall apply to all development or redevelopment within the Vanderbilt Beach Residential Tourist Overlay District Text underlined is new text to be added. Bold text indicates a defined term as identified on VBRTO Map VBRTO -1 and further identified by the designation " VBRTO" on the applicable official Collier County zoning atlas maps. Except as provided in this section of the code, all other uses, dimensional, and development requirements shall be as required or allowed in the applicable underlying zoning district. 3. Geographic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map VBRTO -1 below. 9 1:4C0ID 4. Figures. The figures (1 -4) used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for future development and redevelopment in the overlay district. 2 Text underlined is new text to be added. Text 8tF;k8thFGugh is QIFF8Rt tAXt IQ he deleted Bold text indicates a defined term 5. Development criteria. The following standards and procedures shall apply to the development or redevelopment of all uses in this overlay district. a. Permitted uses. Hotels and motels. ii. Multiple - family dwellings. iii. Family care facilities, subject to section 5.05.04. iv. Timeshare facilities. Uses accessory to permitted uses. Uses and structures that are accessory and incidental to the uses permitted as of right in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). ii. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel /motel. iii. Private docks and boathouses, except as specified in c., below, and subject to sections 5.03.06 and 5.05.02, so Iona as notice is iv. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to: golf course clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. C. Conditional uses. The following uses are permitted as conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), subject to the standards and procedures established in section 10.08.00: Churches and other places of worship. ii. Marinas, subject to section 5.05.02. iii. Noncommercial boat launching facilities and multi -slip docking facilities for greater than 10 slips, subject to the applicable review criteria set forth in sections 5.03.06. and 5.05.02. 3 Text underlined is new text to be added. Text stFikethmugh ir. GUFFeRt text to be deleted. Bold text indicates a defined term iv. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A -5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4 -193 F.A.C.; all subject to section 5.05.04. iv. Private clubs. vi. Yacht clubs. d. Site improvement plans and site development plans. In addition to the requirements of section 10.02.03. B., upon any Site Improvement Plan (SIP) or Site Development Plan (SDP) application pertaining in part or whole to the VBRTO being deemed complete, notice of the submission of that application will be provided to the Vanderbilt Beach Resident's Association, or its successor or assign. The notice must include a brief synopsis of what the application requests and be prepared by the applicant, who is also responsible to document and provide evidence of mailing of the notice as a condition of staff's review comments of the initial submittal being considered complete and available for transmittal to the applicant. 6. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District ( VBRTO). a. Minimum lot area. One contiguous acre, not bisected by a public right -of- way. b. Minimum lot width. 150 feet. C. Minimum yard requirements. Are as follows, except that for all buildings whether designated as principal or accessory (specifically including ramps for parking facilities, but excluding accessory buildings used for essential services such as utilities), the provisions of section 4.02.01. D. 4. through 8., and 10., will not be applicable: Front yard: one -half the zoned building height with a minimum of 30 feet. Side yards: one -half the zoned building height with a minimum of 15 feet. iii. Rear yard: one -half the zoned building height with a minimum of 30 feet. d. Maximum height: 75 feet. The height of the building will be measured according to the standards in section 1.08.00 of the Code, based on building, building, artual height of and zoned building height-G#. 4 Text underlined is new text to be added. Text stF;kethFeugh iS GLIFF8Rt text to be deleted. Bold text indicates a defined term e. Maximum density permitted. A maximum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares, multifamily, family care facilities. f. Distance between structures. The minimum horizontal distance separation between any two principal or accessory buildings (specifically excluding accessory buildings used for essential services such as utilities) on the same parcel of land may not be less than a distance of equal to 15 feet for accessory buildings, and eF-one -half of the sum of their zoned heights for principal buildings, whiGhever is gr� except that for all buildings, the provisions of section 4.02.01. D. 4. through 8., and 10., will not be applicable, and otherwise f--For accessory buildings and structures dimensional criteria, see section 4.02.941 -03, except that in the event of any conflict between these provisions, the more restrictive will apply. g. Floor area requirements. Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels and motels, except that twenty percent (20 %) of the total units may exceed the maximum. ii. Timeshare /multifamily minimum area: efficiency (450 square feet), one bedroom (600 square feet), and two or more bedrooms (750 square feet). h. Maximum lot area coverage. (Reserved.) 7. Preservation of view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. a. Figures 1 - -4, while not requirements, depict desired building relationships and view plane /angle of vision examples. Figures used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. 8. Off- street parking and off- street loading. As required in Chapter 4 of this Code. 9. Landscaping requirements. As required in Chapter 4 of this Code. 10. Signs. As required in section 5.06.00 of this Code. 11. Coastal Construction Setback Lines (CCSL). As required in Chapter 10 of this Code. 12. Post - Disaster Recovery And Reconstruction Management As required in the Code of Laws of Collier County. 5 Text underlined is new text to be added. Text str'Lethrn nh is GUFFent text to be deleted Bold text indicates a defined term 13. Vested Rights All projects applications within the Overlay District for whieke rezoning, conditional use, variance, subdivision, site improvement or development plan, or plat approval were filed with e 9, 2 expired), shall be subjeGt tG the zening regulatiens for this Resid—tial Tourist Beanh Rene eRtial Tourist ZGRiRg Overlay rent ilatiORS. are subiect to the VBRTO provisions in effect at the time the application was deemed to be complete. For purposes of this provision, the term "completed application" shall mean any application wh+sh that has been deemed sufficient by PlanniRg serviGes staff and has been assigned an application request number by the county manager, or his designee. Text underlined is new text to be added. Text strikethrough is GurreRt text to be deleted. Bold text indicates a defined term LO A1�1L_A COVERAGE & 0P I Al IONS 1 =)S LDC Section 2.03.07 (L)(7)(a) 1,1 SIRA'r3I W FSIRABIE FIGURE - 1 7 Text underlined is new text to be added. Text stFikethmugh is GUFrent text to be deleted. Bold text indicates a defined term I_OT ARFA COVFRAC- & LDC Section 2.03.07 (L)(7)(a) r�'_`;I ARI_ FIGURE - 2 8 Text underlined is new text to be added. Text strikethrough 06 GUFFeRt text to be deleted. Bold text indicates a defined term FIGURE - 3 9 V. P. 1 Text underlined is new text to be added. Text strikethmugh is GuFFeRt text to be deleted. Bold text indicates a defined term LDC Section 2.03.07 (L)(7)(a) V. P, UNFI SI!;i131 F V. P. V. P. — VIFW P1 ANF OR ANG'.' 0,'- VISION FIGURE - 4 NAPLES /572973 v.3A 10 AGENDA ITEM TITLE: PLEASE PRINT CLEARLY AGENDA ITEM NUMBER: PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: \ GAG LtU/t/ /L-' 69 / i, ADDRESS: REPRESENTING: PETITIONER: _ // OTHER: COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. Vni i ARF LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: PLACE COMPLETED FORM ON THE TABLE AGENDA ITEM NUMBER: PLEASE PRINT CLEARLY LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: REPRESENTING: PETITIONER: ADDRESS: t OTHER: COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: P//; /�-70 pU &k tom. AGENDA ITEM NUMBER: PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: 1/� �/I �c /``1�U12C ADDRESS: 5Q z' 1712 -yV /� REPRESENTING: PETITIONER: 'iu. 'IC2 31 OTHER: Anolpxh��%1J COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. •ff- -- 1 - -• - -� �--. -r, 1,21 RAIh111TCC Cno Vnl 'Q rnimmi=Krm ANn ARG Tn AnnRFSS ONLY THE CHAIR. AGENDA ITEM TITLE: V [ 447 C-) PLACE COMPLETED FORM ON THE TABLE NAME: (Az z ck Noa4 REPRESENTING: PETITIONER: AGENDA ITEM NUMBER: PLEASE PRINT CLEARLY LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE S BJECT BEING HEARD. 2 t 2 3 ' .t :+mac - ; G: t P'— ADDRESS: i - n OTHER: jArK)R„ly•Iir COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLF ' (.T- PLACE COMPLETED FORM ON THE TABLE is� lce� PLEASE. PRINT CLEARLY AGENDA ITEM NUMBER: - d 3. Q l/ C �,t c,/ LEFT OF THE DIAS IN THE BOARD ROOM PROD TO THE SUBJECT BEING HEARD. NAM 0-kt�d& 6 �-L J � /'4 / ADDRESS: REPRESENTING: PETITIONER: 6.s7- OTHER: J7XV� 4&-Z `3 /Zjq COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS APln Ao='r- w AGENDA ITEM TITLE: V,41v ?LX13tL j j of 5VLPL,4 f AGENDA ITEM NUMBER: PLEASE. PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: /3UcP /Ch #RT-2 ADDRESS:' 3 o�ir< ,9y L'. �tJ�� t r != L ?Z,4r0 7 REPRESENTING: PETITIONER: OTHER: V 13 R & COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. You ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: A'4jl',e,-tf PLEASE. PRINT CLEARLY AGENDA ITEM NUMBER: 1� y -a. �� -G -�-- PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: (�-�( ADDRESS: ! /(J (Y /� �Z�sdac' f%r, REPRESENTING: PETITIONER: OTHER: COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: �a�c P PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE I IN THE NAME. )`'" \ "v 11 ADDRESS: REPRESENTING: PETITIONER: AGENDA ITEM NUMBER: ROOM PROR TO THE SUBJECT BEING HEARD. COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. D AGENDA ITEM TITLE: V (Z,T d PLEASE PRINT CLEARLY AGENDA ITEM NUMBER: ,�' D 3.07 L-- PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: 6VR"j r ldgpl / ADDRESS: �� 2 (,ILFORE �L I /V 11pl REPRESENTING: PETITIONER: V 6e&&�- &u;ahoTHER: COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: cam: ®3 , C)e7 de - f' f Ct(- AGENDA ITEM NUMBER: PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: - i`t' I{ /�) ey ADDRESS: % 3 v , REPRESENTING: PETITIONER. OTHER: COLLIER COUNTY ORDINANCE NO. 07 -24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: �F PLEASE PRINT CLEARLY AGENDA ITEM NUMBER : PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT 1 BEING HEA UZF NAME: ADDRESS: 7 REPRESENTING: PETITIONER: OTHER: COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: O C L V(,,d,,,& &GL(4 R ``��(�AGENDA ITEM NUMBER: PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: ,tS2n ADDRESS: 17 / 1 t &/ itiN REPRESENTING: PETITIONER: OTHER: COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, 4T" FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. Agenda Item 9A �iO�eY �✓OL17�'I >Cy STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: JANUARY 21, 2010 SUBJECT. REVIEW OF PROPOSED AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED; AND, RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (ADOPTION HEARING) BACKGROUND Chapter 163, Part II, Florida Statutes, also known as the Local Government Comprehensive Planning Act, requires all local governments within the State of Florida to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this process, the local government must monitor changing conditions and must use this information to guide periodic amendments to the local comprehensive plan a /k /a Growth Management Plan (GMP). More specifically, Section 163.3177(3)(b)(1), F.S., requires the County to review its Capital Improvement Element (CIE) on an annual basis in order to maintain a financially feasible 5 -year Schedule of Capital Improvements. An amendment to the comprehensive plan is required to update the schedule on an annual basis, or to eliminate, defer or delay construction of any facility listed in the 5 -year Schedule. The primary purpose for maintaining a financially feasible 5 -year CIE Schedule is to avoid being forced into a long term CIE and long -term concurrency management, particularly in the case with transportation exception areas. In addition, it is essential for the Transportation Division to continue to address deficiencies as a means to avoid being compelled to create a Transportation Concurrency Backlog Authority in Collier County. The Backlog Authority would divest the BCC of major transportation related projects and expenditures. The 2009 CIE's Schedule of Capital Improvements covered the 5 -year planning period for fiscal years 2009 through 2013. The 2009 annual amendments to the CIE were adopted February 24, 2009 by Ordinance 2009 -07, and text -based revisions are denoted by "(X)" in the Element's margins. The presently proposed CIE's Schedule of Capital Improvements covers the 5 -year planning period for fiscal years 2010 through 2014, and correlates with the 2009 AUIR adopted by the BCC on November 3, 2009. This Report serves as a reminder how during budget hearings, the BCC directed Transportation Division staff to provide alternatives during the CIE update and amendment process, for both Arterial and Collector Roads and Stormwater Management Systems. -1- Agenda Item 9A Capital Improvement Element amendments recommended herein result from adoption of the 2009 AUIR, BCC direction, additional staff analysis, and in some situations, either combining or truncating projects based on changes in demand and funding. As with 2009, the County is again faced with decreased demand on capital infrastructure and facilities, and is proposing to delay and in some situations eliminate proposed infrastructure and facilities in the adopted 5 -year Schedule of Capital Improvements. However, the County will remain concurrent in the 5 -year CIE. Pursuant to Section 163.3177(3)(b)(2), F.S., amendment to the Capital Improvement Element requires only a single public hearing before the Collier County Planning Commission (sitting in its official role as the County's land planning agency) and one single public hearing before the governing board (BCC) as an adoption hearing. STAFF ANALYSIS The Collier County Comprehensive Planning Department is currently positioned at the beginning phases of the next, or 2011, Evaluation and Appraisal Report (EAR). EAR -based amendments will account for virtually all of the text -based revisions to the CIE. Consequently, the presently proposed annual update to the Capital Improvement Element confines itself to the 5 -year Schedule of Capital Improvements, and the second 5 -year Schedule as an un- adopted CIE appendix. Growth and population estimates and projections have been falling since the issuance of the 2006 BEBR population projections. These declining numbers were taken into account in the preparation of the County's Annual Update and Inventory Report (AUIR) and the CIE. However, it should be noted that the Transportation Division uses actual traffic counts instead of population numbers. This practice is attributed to the fact that counts vary based on facility expansion, and origin and destination changes that normally occur through the normal development process. For comparison, the Collier County Population Estimates and Projection (CCPEP) figures are 6.2 %, 12% and 17.2% decreases from the 2006, 2007 and 2008 CCPEPs for the same years, respectively. Population projections for years 2010, 2015 and 2020 have fallen 22.1%, 29.8% and 34.4 %, respectively, from the 2006, to the 2009 CCPEPs. [These decreases may also be interpreted to ,mea that, it wi# take 0 to 34% additional time, without need for expansion oF GOnStR4G49R4 It should be noted that if this trend continues, some projects would be pushed out of the second 5 -year planning period. However, staff ,.,,.,,.,,Med +h,+ when the economy rebounds, and vacant residential units are occupied, there be 'Rst .RtaReeUG their re- occupancy will likely generate nearly immediate demand. Fortunately, the CIE is updated annually — which identifies pending financial constraints and curtails possible concurrency issues. [Source: Collier County Population Estimates and Projections, (CCPEP), May 2009] The effects of these decreases have influenced the demand for public facilities and infrastructure with a corresponding reduction in the expenditure of revenues for them throughout the County. They are discussed generally herein and specific examples are included below. One of the more illustrative indicators of this downward trend is the traffic counts on County arterial and collector roads. The 2009 AUIR includes peak hour trip count logs in Attachment F, observations in Attachment B and mapped data in Attachment C of the County Roads section of the AUIR (pp. 23- 29) illustrating an overall decline in peak hour directional volume from 2008. Traffic volume 2 Agenda Item 9A decreased an average of 4% from the peak hour trip counts reported the prior year. More than 22% of the 132 counting stations showed a decrease of greater than 10 %. At ninety -nine count stations, for example, counts were down from the prior year; 27 count stations were up from the prior year; and, six stations showed no change. Consequently, County arterial and collector road projects gained another measure of flexibility while still maintaining concurrency. The 5 -Year Schedule of Capital Improvements included with this annual CIE update and amendment presents three Transportation alternatives and two Stormwater Management System alternatives responding to the potential impacts and costs associated with an uncertain planning future. Another indicator exemplifying population decreases is the students enrolled, or membership counts, in County schools. Between 2000 and 2007 2005, the school district grew by more than 5,30A 9,100 students at a growth of three to five percent a year. In the past three four years, however, the district has experienced a decline in enrollment as economic forces have been changing. The Collier County School District membership reports from 2005 to 2009 provide the student counts in public schools, which illustrate a GGRtiRuafien of the short term downwaFd tFeRd flatter growth rate in recent years, ranging from a 1.18 percent in 2006 to a modest gain of 0.43 percent in 2009. ❖ October 2005 counts report a total of 43,296 students attended County -wide. 21,002 children were enrolled in elementary schools, with 9,428 in middle schools, and 12,866 in high schools. ❖ October 2008 counts report a total of 42,697 students attended County -wide. 20,581 children enrolled in elementary schools, with 9,516 in middle schools, and 12,600 in high schools. Certain schools reported declines of 13 to more than 19 percent. ❖ October 2009 counts report a total of 40,302 42,882 students attended County -wide. 2020,432 20,486 children enrolled in elementary schools, with 8,431 8,977 in middle schools, and 11,439 12,594 in high schools. [Source: Collier County School District Monthly Membership Reports] These figures represent an overall decline in the rate of growth resulting in eveF 2,700 414 fewer students since 2005 over the next 20 oars when nemnared with lost year's twenty year enrollment VYVI I�IV next Q 7V prejeetierrs. The decreases in student enrollment are most likely understated, as it is the norm during economic slowdowns and recessions for parents to enroll their children in public school, as private school is no longer affordable. Reduced traffic demand and school enrollment are symptomatic of an out - migrating populace and workforce, as well as foreclosures and speculators not closing on pre -sold residential units. This allows for a reduction in public expenditures devoted to capacity improvements, correlated with a reduction in capital project activity in the CIE Schedule of Capital Improvements. The amendments that are the subject of this staff report are limited in scope primarily to those Category "A" items recommended in the AUIR. As with the previous Schedule of Capital Improvements, all Community Park Land and Regional Park Land transactions are being facilitated through interdepartmental transfers exchanging land holdings for park lands, or using another method not involving expenditure of capital funds. One example is the 47 acre Randall Curve interdepartmental transfer in exchange for regional park land at Big Corkscrew Island Regional Park. These transactions represent changes to land inventory and the corresponding value of land holdings. The projected decrease in population growth reported in the AUIR has led to the existing potable water plants being able to maintain reliable capacity longer without plant expansions or new plant -3- Agenda Item 9A construction. The following changes were made to correlate with the May 2009 Collier County Population Estimates and Projections (CCPEP) and resulting water demands: NERWTP: Deleted new 7.5 MGD plant construction from FY 18; Deleted 6.0 MGD expansion from FY 26 SERWTP: Deleted new 6.0 MGD plant construction from FY 22 When demand projections increase, the hibernated water treatment facilities are 100% designed, designs are routinely refreshed, and projects can be reactivated, permitted and constructed in four to five years. The projected decrease in population growth reported in the AUIR has also led to the existing wastewater treatment plants being able to maintain reliable capacity longer without plant expansions or new plant construction. The following changes were made to correlate with the May 2009 CCPEPs and resulting water demands: NEWRF: Deleted 4.0 MGD plant construction from FY 18 SEWRF: Deleted 4.0 MGD plant construction from FY 18 and 2.0 MGD expansion from FY 24 When demand projections increase, the hibernated wastewater reclamation facilities are 100% designed, designs are routinely refreshed, and projects can be reactivated, permitted and constructed in four to five years. Though not necessarily recommended by the AUIR, additional data and analysis supporting the proposed changes are required by Florida Statutes and Florida Administrative Code for review by the Florida Department of Community Affairs. The data and analysis are in the form of support documentation and not incorporated into the CIE. Additional details for each category of public facilities are provided in Appendix A, supplemental to this Staff Report and attached hereto. The economic realities that influenced growth and development during the last two years have required adjustments in capital improvements and services planning and potential changes in the GMP that have not been experienced since the adoption of the GMP in 1989, as required by Florida's Local Government Comprehensive Planning and Land Development Regulation Act (Growth Management Act). This is only the second time our Capital Improvement program requires us to deal with falling population projections, declining school enrollment, an out - migrating populace and workforce, and diminishing demand on capital infrastructure and services. The tangible affects of these new realities can be seen in nearly every planned public project and capital improvement. Our levels of service can be maintained longer than previously projected, or can be achieved at later dates where projects were scheduled to address deficiencies. An indirect effect of decreasing demand for new facilities and services are revenues associated with new development. Until new development occurs, the demand for new capital infrastructure, services, and associated revenue (Impact Fees) will remain stagnant as demand and anticipated revenue are inextricably intertwined. Until the economy recovers, it is quite possible that the aforementioned economic realities and corresponding impacts will continue. Finally, other factors attributable to the economy that warrant consideration are changes apparent in the day -to -day practices of the residents, workers and visitors in Collier County. People are conserving more and consuming less, extending the life of existing public facilities and forestalling the need for new facilities. M Agenda Item 9A Numerous County personnel collaborated extensively with Comprehensive Planning staff in preparing this edition of the CIE — including Transportation Planning, Stormwater Management, Public Facilities (Parks & Recreation), Public Utilities (Potable Water, Wastewater & Solid Waste) and the Office of Management and Budget. STAFF RECOMMENDATION: That the CCPC forward the GMP amendments to the BCC with a recommendation to adopt and to transmit to the Florida Department of Community Affairs. Prepared By: Reviewed By: Approved By: Corby Schmidt, AICP, Principal Planner Comprehensive Planning Department Randall Cohen, AICP, Director Comprehensive Planning Department Date: Date: Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division COLLIER COUNTY PLANNING COMMISSION: MR. MARK STRAIN, CHAIRMAN NOTE: This petition has been scheduled for the March 9, 2010 BCC hearing. G:1Comprehensive\COIVP PLANNING GMP DATAIComp Plan Amendments12009 Cycle PetitionslCPSP- 2009 -3 CIEICCPDCONSENT VERSI ON of CCPC ADPTN 2K9 CIE Staff Report. docx -5- STAFF REPORT — APPENDIX A COLLIER COUNTY PLANNING COMMISSION JANUARY 21, 2010 This appendix provides additional remarks regarding public facilities and capital improvement planning not addressed elsewhere in this Staff Report. [Headings and project categories modified throughout to correspond with terms used in body of CIE] Arterial and Collector Road Projects Projected five year figures were reduced from the 2008 AUIR to the 2009 AUIR based on the downturn in development. Development is projected to decline still further, beyond the reduction used in the 2009 AUIR. This additional reduction in development activity affects the amount of Impact Fees collected. The resulting reduction in demand for roadway improvements has a direct correlation to the reduction in Impact Fee - related expenditures required. Changes to and the reprioritization of the Transportation Division work program for arterial and collector road projects listed in the CIE Schedule of Capital Improvements are necessary based on changes in demand reflected in peak hour trip counts. Capital expenditures from Impact Fee revenues are projected to be reduced by 54% over the previous CIE. Capital expenditures from Gas Tax revenues are projected to be reduced by 17% over the previous CIE. Ad valorem /General Fund revenues may be reduced from as little as 11% to as much as 20 %, reflecting not only capital expenditures on road projects, but also Transportation Division funding division -wide. At the BCC's direction, Transportation Division was charged with developing alternatives that also reduce ad valorem /General Fund expenditures for the Transportation Capital program. In combination with the Impact Fee and Gas Tax reductions, three alternatives were developed to address a reduction in ad valorem General Fund support for Transportation. They are: 1) the anticipated 11 % ad valorem reduction in fiscal years 2011 through 2014 based on decreased assessed values; 2) a 15% ad valorem reduction; and 3) a 20% reduction in ad valorem. These three Transportation alternatives are itemized in the document entitled CIE Changes from 2009 to 2010, included as a supplement to this Report, and are presented in Exhibit 'A" on pages 16.11, 16.15 and 16.20. In each alternative, the total percent of reduction for the entire Transportation Division (operations and capital) is assumed to be reduced from the capital budget. While Sufficient ad valorem funding (beyond debt service) is available in the Transportation Capital budget to cover the $3.53 million reduction annually for the 11% in alternative No. 1. However, the $4.82 million reduction for the 15% in alternative No. 2 would require that $898,000 in Gas Tax also be reduced in the Transportation Capital program annually to maintain level funding in the Operations and Maintenance budget for the Transportation Division. Alternative No. 3 at 20% reduction would require $1.72 million of Gas Tax be reduced annually beyond all non -debt service ad valorem in the Transportation Capital program to maintain level funding for Transportation Operations and Maintenance Programs. With the addition of over 400 new and improved lane miles of roadways, the expanded infrastructure for Traffic Operations and the advancing age of our bridges, further budget cuts to Operations and Maintenance would not allow sufficient investment to safely maintain the capital inventory that currently exists. Nor would further cuts concordantly address the increased demand for maintenance that will result from the deferral of capital projects. In fact, a generally level funding for Operations and Maintenance will still mean a further increase in deferred maintenance, which will need to be addressed at a significantly higher cost when funding improves. January 21, 2010 Staff Report Appendix A - 1 - The alternatives prepared seek to ensure deficiencies are addressed or, at least, progress is being made to address each deficiency. At the same time, BCC policy directive is to keep the County out of a long -term concurrency management system and from facing the creation of a Transportation Concurrency Backlog Authority. This approach also avoids being forced into a long -term financially feasible CIE, which by Statute can be 10 or 15 years. Both the Transportation Concurrency Backlog Authority and long -term CIE and concurrency management system could become issues if there is a significant upturn in growth and there is a widening of the financial gap for all of the deficient road segments where ultimately, major funding would be required in a short period of time and no funding is available. The alternatives substantially address existing and projected transportation deficiencies but further delay major improvements. The different alternatives take the costs into consideration that have been deferred, as well as the cumulative effect of the interim improvements and what the potential financial impact will be when the deferred improvements must be dGe made. It is possible that these improvements could all be required in close proximity in time with, or at the same time that, other major projects will be required. The cost benefit ratio of deferring improvements to out -years differs with each alternative, resulting with different financial scenarios. The 11% alternative slows down future project readiness and removes construction for the segment of Collier Boulevard from north of 1 -75 to Green Boulevard and the construction for the Valewood Extension. The 15% reduction results in the further reduction in rights -of -way acquisition and the loss of construction funding for Santa Barbara Boulevard from Copper Leaf Lane north to Green Boulevard. The major difference between the 15% and 20% alternatives is that the 20% alternative does not leave any funds available to roll into the new fifth year (fiscal year 2015) or thereafter to bring forward a current concurrency concern (Golden Gate Boulevard), the Santa Barbara Boulevard project, the Collier Boulevard between Golden Gate Main Canal and Green Boulevard, +lor other concurrency segments that may develop over the next five years. Specific project implications of the three alternatives are demonstrated in the Schedule of Capital Improvements included with this annual CIE update. Transportation projections used the anticipated 11% reduction in preparing the second 5 -year Schedule. If the BCC adopts the 15% or 20% reduction, then the Arterial and Collector Roads component of CIE Appendix H, the Future Costs and Revenues by Type of Public Facility will be modified accordingly. Parks and Recreation Facilities Projects The 2009 AUIR indicates a surplus of both Community Park Land and Regional Park Land through the 5 -year planning period. Two Parks and Recreation projects were removed from the Schedule of Capital Improvements, as follows; the scheduled project for future improvements of an ATV Park, and the scheduled project for future purchases of land programmed for parking expansion for Bayview Park. S rfaGe Water Stormwater Management System Projects The Lely Area Stormwater Improvement Program (LASIP) has been an ongoing project continuing over many years. Collier County reached the production phase approximately three years ago. Since that time, Stormwater Management System improvements in this area have advanced by coordinating January 21, 2010 Staff Report Appendix A -2- them with Arterial and Collector Road projects. LASIP remains a long term project in the Schedule of Capital Improvements. The Belle Meade Stormwater Master Plan was completed in September 2006. Initiation of Belle Meade Stormwater Improvement projects have been deferred until completion of the watershed study effort currently underway by the CDES Engineering and Environmental Services Department. The watershed study effort's progress to date includes prioritization of study completion by drainage basin, consultant selection to perform hydrologic and hydraulic modeling, and drafting watershed studies. The delay in the Belle Meade projects was anticipated, as the South Florida Water Management District emphasized the need for an integrated watershed management plan to ensure the establishment and utilization of sound data and analysis to protect water quality and manage water quantity. The anticipated completion date of the studies, including recommendations and project funding prioritizations, is fiscal year 2012. On June 22, 2004, the Collier County Board of County Commissioners established a Stormwater Program funded via a 0.15 mil ad valorem levy, securing funding beginning in fiscal year 2006 for the next 20 years. This .,FegFarn was in 20 te-a During the 2009 budget hearings, the BCC requested two alternatives be developed for the Stormwater Management Systems component of the Schedule of Capital Improvements that correspond with the different funding levels. First, an alternative that reflects Stormwater Management's status as a millage neutral program was developed within the assumption that revenues from the BCC established .15 mils would be reduced by 11% based on lower assessed values. The second alternative substantially restricts Stormwater Management System project funding by reducing the millage from .15 mils to .10 mils and then applying the anticipated 11% reduction in assessed values. Under this second alternative, the Stormwater Management program is essentially restricted to implementation of LASIP with some assumed reductions in scope and costs to meet the permitted schedule for completion of the project. Both Stormwater Management alternatives are presented in Exhibit "A" on pages 18.11 and 18. 11 R. As with Transportation projections, Stormwater Management System projections used the anticipated 11 % reduction in preparing the second 5 -year Schedule. If the BCC adopts the 15% or 20% reduction for Transportation projections, then the Stormwater Management Systems component of CIE Appendix H, the Future Costs and Revenues by Type of Public Facility will be modified accordingly. Potable Water Svstem Proiects The Water & Wastewater Rate Study and Impact Fee Study approved by the BCC on June 24, 2008 were the sources for the figures used to prepare the CIE 5 -Year Schedule of Capital Improvements. The Water & Wastewater Master Plan Capital Improvements Program for 2015 through 2019 was divided equally for each year and funding sources were allocated in the same proportions as 2010 through 2014. Funding sources for 2015 through 2019 are not based on the rate study. These are estimations only and will change when an actual rate study for this period is prepared. Certain water treatment facilities were affected by deferred demand so as not to require incorporation of Orangetree facilities into the County system, or a high pressure reverse osmosis expansion for at the NCRWTP until fiscal years 2012 and 2023, respectively. [reversed reference] January 21, 2010 Staff Report Appendix A -3- Solid Waste Disposal Facilities Projects Pursuant to the Landfill Operating Agreement (LOA) with Waste Management, Inc. of Florida (WMIF), landfill cell construction is scheduled and guaranteed by WMIF over the life of the Collier County Landfill. Collier County landfill expansion costs are paid for by WMIF through agreed upon Collier County landfill tipping fees. By contract under the LOA, WMIF will construct any future required cells. The timing of new landfill cell construction has been updated to reflect Waste Management Inc. of Florida's current cell development schedule, which affects when new cell capacity is recognized. defeFFed demand eneugh not to Gel' GGR6tFUGtiGR URtil fisGal yeaFs 2012 and 2415, Fespy Updated projections indicate that the Collier County Landfill will have zero capacity remaining in fiscal year 2039, while previous projections indicated zero capacity remaining in fiscal year 2036 [and fiscal year 2033 before that]. This "gained" capacity reflects both the positive impacts of the past and current solid waste initiatives that have increased recycling and decreased disposal as well as reductions in the population estimates used to calculate the remaining disposal capacity. Sanitary Sewer - Wastewater Treatment Svstem Proiects The Water & Wastewater Rate Study and Impact Fee Study approved by the BCC on June 24, 2008 were the sources for the figures used to prepare the CIE 5 -Year Schedule of Capital Improvements. The Water & Wastewater Master Plan Capital Improvements Program for 2015 through 2019 was divided equally for each year and funding sources were allocated in the same proportions as 2010 through 2014. Funding sources for 2015 through 2019 are not based on the rate study. These are estimations only and will change when an actual rate study for this period is prepared. Certain water reclamation facilities were affected by deferred demand so as not to require incorporation of Orangetree facilities into the County system until fiscal year 2012. January 21, 2010 Staff Report Appendix A -4- Agenda Item 9A STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: JANUARY 21, 2010 SUBJECT. REVIEW OF PROPOSED AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED; AND, RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (ADOPTION HEARING) BACKGROUND Chapter 163, Part II, Florida Statutes, also known as the Local Government Comprehensive Planning Act, requires all local governments within the State of Florida to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this process, the local government must monitor changing conditions and must use this information to guide periodic amendments to the local comprehensive plan a /k /a Growth Management Plan (GMP). More specifically, Section 163.3177(3)(b)(1), F.S., requires the County to review its Capital Improvement Element (CIE) on an annual basis in order to maintain a financially feasible 5 -year Schedule of Capital Improvements. An amendment to the comprehensive plan is required to update the schedule on an annual basis, or to eliminate, defer or delay construction of any facility listed in the 5 -year Schedule. The primary purpose for maintaining a financially feasible 5 -year CIE Schedule is to avoid being forced into a long term CIE and long -term concurrency management, particularly in the case with transportation exception areas. In addition, it is essential for the Transportation Division to continue to address deficiencies as a means to avoid being compelled to create a Transportation Concurrency Backlog Authority in Collier County. The Backlog Authority would divest the BCC of major transportation related projects and expenditures. The 2009 CIE's Schedule of Capital Improvements covered the 5 -year planning period for fiscal years 2009 through 2013. The 2009 annual amendments to the CIE were adopted February 24, 2009 by Ordinance 2009 -07, and text -based revisions are denoted by "(X)" in the Element's margins. The presently proposed CIE's Schedule of Capital Improvements covers the 5 -year planning period for fiscal years 2010 through 2014, and correlates with the 2009 AUIR adopted by the BCC on November 3, 2009. This Report serves as a reminder how during budget hearings, the BCC directed Transportation Division staff to provide alternatives during the CIE update and amendment process, for both Arterial and Collector Roads and Stormwater Management Systems. - 1 - Agenda Item 9A Capital Improvement Element amendments recommended herein result from adoption of the 2009 AUIR, BCC direction, additional staff analysis, and in some situations, either combining or truncating projects based on changes in demand and funding. As with 2009, the County is again faced with decreased demand on capital infrastructure and facilities, and is proposing to delay and in some situations eliminate proposed infrastructure and facilities in the adopted 5 -year Schedule of Capital Improvements. However, the County will remain concurrent in the 5 -year CIE. Pursuant to Section 163.3177(3)(b)(2), F.S., amendment to the Capital Improvement Element requires only a single public hearing before the Collier County Planning Commission (sitting in its official role as the County's land planning agency) and one single public hearing before the governing board (BCC) as an adoption hearing. STAFF ANALYSIS The Collier County Comprehensive Planning Department is currently positioned at the beginning phases of the next, or 2011, Evaluation and Appraisal Report (EAR). EAR -based amendments will account for virtually all of the text -based revisions to the CIE. Consequently, the presently proposed annual update to the Capital Improvement Element confines itself to the 5 -year Schedule of Capital Improvements, and the second 5 -year Schedule as an un- adopted CIE appendix. Growth and population estimates and projections have been falling since the issuance of the 2006 BEBR population projections. These declining numbers were taken into account in the preparation of the County's Annual Update and Inventory Report (AUIR) and the CIE. However, it should be noted that the Transportation Division uses actual traffic counts instead of population numbers. This practice is attributed to the fact that counts vary based on facility expansion, and origin and destination changes that normally occur through the normal development process. For comparison, the Collier County Population Estimates and Projection (CCPEP) figures are 6.2 %, 12% and 17.2% decreases from the 2006, 2007 and 2008 CCPEPs for the same years, respectively. Population projections for years 2010, 2015 and 2020 have fallen 22.1%, 29.8% and 34.4 %, respectively, from the 2006, to the 2009 CCPEPs. It should be noted that if this trend continues, some projects would be pushed out of the second 5 -year planning period. However, when the economy rebounds, and vacant residential units are occupied, their re- occupancy will likely generate nearly immediate demand. Fortunately, the CIE is updated annually — which identifies pending financial constraints and curtails possible concurrency issues. [Source: Collier County Population Estimates and Projections, (CCPEP), May 2009] The effects of these decreases have influenced the demand for public facilities and infrastructure with a corresponding reduction in the expenditure of revenues for them throughout the County. They are discussed generally herein and specific examples are included below. One of the more illustrative indicators of this downward trend is the traffic counts on County arterial and collector roads. The 2009 AUIR includes peak hour trip count logs in Attachment F, observations in Attachment B and mapped data in Attachment C of the County Roads section of the AUIR (pp. 23- 29) illustrating an overall decline in peak hour directional volume from 2008. Traffic volume decreased an average of 4% from the peak hour trip counts reported the prior year. More than 22% of the 132 counting stations showed a decrease of greater than 10 %. At ninety -nine count stations, for example, counts were down from the prior year; 27 count stations were up from the prior year; and, six stations showed no change. Consequently, County arterial and collector road projects gained -2- Agenda Item 9A another measure of flexibility while still maintaining concurrency. The 5 -Year Schedule of Capital Improvements included with this annual CIE update and amendment presents three Transportation alternatives and two Stormwater Management System alternatives responding to the potential impacts and costs associated with an uncertain planning future. Another indicator exemplifying population decreases is the students enrolled, or membership counts, in County schools. Between 2000 and 2005, the school district grew by more than 9,100 students at a growth of three to five percent a year. In the past four years, however, the district has experienced a decline in enrollment as economic forces have been changing. The Collier County School District membership reports from 2005 to 2009 provide the student counts in public schools, which illustrate a flatter growth rate in recent years, ranging from a 1.18 percent in 2006 to a modest gain of 0.43 percent in 2009. ❖ October 2005 counts report a total of 43,296 students attended County -wide. 21,002 children were enrolled in elementary schools, with 9,428 in middle schools, and 12,866 in high schools. •:• October 2008 counts report a total of 42,697 students attended County -wide. 20,581 children enrolled in elementary schools, with 9,516 in middle schools, and 12,600 in high schools. Certain schools reported declines of 13 to more than 19 percent. ❖ October 2009 counts report a total of 42,882 students attended County -wide. 20,486 children enrolled in elementary schools, with 8,977 in middle schools, and 12,594 in high schools. [Source: Collier County School District Monthly Membership Reports] These figures represent an overall decline in the rate of growth resulting in 414 fewer students since 2005. The decreases in student enrollment are most likely understated, as it is the norm during economic slowdowns and recessions for parents to enroll their children in public school, as private school is no longer affordable. Reduced traffic demand and school enrollment are symptomatic of an out - migrating populace and workforce, as well as foreclosures and speculators not closing on pre -sold residential units. This allows for a reduction in public expenditures devoted to capacity improvements, correlated with a reduction in capital project activity in the CIE Schedule of Capital Improvements. The amendments that are the subject of this staff report are limited in scope primarily to those Category "A" items recommended in the AUIR. As with the previous Schedule of Capital Improvements, all Community Park Land and Regional Park Land transactions are being facilitated through interdepartmental transfers exchanging land holdings for park lands, or using another method not involving expenditure of capital funds. One example is the 47 acre Randall Curve interdepartmental transfer in exchange for regional park land at Big Corkscrew Island Regional Park. These transactions represent changes to land inventory and the corresponding value of land holdings. The projected decrease in population growth reported in the AUIR has led to the existing potable water plants being able to maintain reliable capacity longer without plant expansions or new plant construction. The following changes were made to correlate with the May 2009 Collier County Population Estimates and Projections (CCPEP) and resulting water demands: NERWTP: Deleted new 7.5 MGD plant construction from FY 18; Deleted 6.0 MGD expansion from FY 26 SERWTP: Deleted new 6.0 MGD plant construction from FY 22 -3- Agenda Item 9A When demand projections increase, the hibernated water treatment facilities are 100% designed, designs are routinely refreshed, and projects can be reactivated, permitted and constructed in four to five years. The projected decrease in population growth reported in the AUIR has also led to the existing wastewater treatment plants being able to maintain reliable capacity longer without plant expansions or new plant construction. The following changes were made to correlate with the May 2009 CCPEPs and resulting water demands: NEWRF: Deleted 4.0 MGD plant construction from FY 18 SEWRF: Deleted 4.0 MGD plant construction from FY 18 and 2.0 MGD expansion from FY 24 When demand projections increase, the hibernated wastewater reclamation facilities are 100% designed, designs are routinely refreshed, and projects can be reactivated, permitted and constructed in four to five years. Though not necessarily recommended by the AUIR, additional data and analysis supporting the proposed changes are required by Florida Statutes and Florida Administrative Code for review by the Florida Department of Community Affairs. The data and analysis are in the form of support documentation and not incorporated into the CIE. Additional details for each category of public facilities are provided in Appendix A, supplemental to this Staff Report and attached hereto. The economic realities that influenced growth and development during the last two years have required adjustments in capital improvements and services planning and potential changes in the GMP that have not been experienced since the adoption of the GMP in 1989, as required by Florida's Local Government Comprehensive Planning and Land Development Regulation Act (Growth Management Act). This is only the second time our Capital Improvement program requires us to deal with falling population projections, declining school enrollment, an out - migrating populace and workforce, and diminishing demand on capital infrastructure and services. The tangible affects of these new realities can be seen in nearly every planned public project and capital improvement. Our levels of service can be maintained longer than previously projected, or can be achieved at later dates where projects were scheduled to address deficiencies. An indirect effect of decreasing demand for new facilities and services are revenues associated with new development. Until new development occurs, the demand for new capital infrastructure, services, and associated revenue (Impact Fees) will remain stagnant as demand and anticipated revenue are inextricably intertwined. Until the economy recovers, it is quite possible that the aforementioned economic realities and corresponding impacts will continue. Finally, other factors attributable to the economy that warrant consideration are changes apparent in the day -to -day practices of the residents, workers and visitors in Collier County. People are conserving more and consuming less, extending the life of existing public facilities and forestalling the need for new facilities. Numerous County personnel collaborated extensively with Comprehensive Planning staff in preparing this edition of the CIE — including Transportation Planning, Stormwater Management, Public Facilities (Parks & Recreation), Public Utilities (Potable Water, Wastewater & Solid Waste) and the Office of Management and Budget. i! Agenda Item 9A STAFF RECOMMENDATION: That the CCPC forward the GMP amendments to the BCC with a recommendation to adopt and to transmit to the Florida Department of Community Affairs. Prepared By: Reviewed By: Approved By: Corby Schmidt, AICP, Principal Planner Comprehensive Planning Department Randall Cohen, AICP, Director Comprehensive Planning Department Date: Date: Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division COLLIER COUNTY PLANNING COMMISSION: MR. MARK STRAIN, CHAIRMAN NOTE: This petition has been scheduled for the March 9, 2010 BCC hearing. GAComprehensive\COMP PLANNING GMP DAWComp Plan Amendments12009 Cycle PetitionslCPSP- 2009 -3 CIEICCPCIPost -CCPC Revised CCPC ADPTN 2K9 CIE Staff Report.dou -5- STAFF REPORT — APPENDIX A COLLIER COUNTY PLANNING COMMISSION JANUARY 21, 2010 This appendix provides additional remarks regarding public facilities and capital improvement planning not addressed elsewhere in this Staff Report. Arterial and Collector Road Proiects Projected five year figures were reduced from the 2008 AUIR to the 2009 AUIR based on the downturn in development. Development is projected to decline still further, beyond the reduction used in the 2009 AUIR. This additional reduction in development activity affects the amount of Impact Fees collected. The resulting reduction in demand for roadway improvements has a direct correlation to the reduction in Impact Fee - related expenditures required. Changes to and the reprioritization of the Transportation Division work program for arterial and collector road projects listed in the CIE Schedule of Capital Improvements are necessary based on changes in demand reflected in peak hour trip counts. Capital expenditures from Impact Fee revenues are projected to be reduced by 54% over the previous CIE. Capital expenditures from Gas Tax revenues are projected to be reduced by 17% over the previous CIE. Ad valorem /General Fund revenues may be reduced from as little as 11% to as much as 20 %, reflecting not only capital expenditures on road projects, but also Transportation Division funding division -wide. At the BCC's direction, Transportation Division was charged with developing alternatives that also reduce ad valorem /General Fund expenditures for the Transportation Capital program. In combination with the Impact Fee and Gas Tax reductions, three alternatives were developed to address a reduction in ad valorem General Fund support for Transportation. They are: 1) the anticipated 11% ad valorem reduction in fiscal years 2011 through 2014 based on decreased assessed values; 2) a 15% ad valorem reduction; and 3) a 20% reduction in ad valorem. These three Transportation alternatives are itemized in the document entitled CIE Changes from 2009 to 2010, included as a supplement to this Report, and are presented in Exhibit 'A" on pages 16.11, 16.15 and 16.20. In each alternative, the total percent of reduction for the entire Transportation Division (operations and capital) is assumed to be reduced from the capital budget. Sufficient ad valorem funding (beyond debt service) is available in the Transportation Capital budget to cover the $3.53 million reduction annually for the 11% in alternative No. 1. However, the $4.82 million reduction for the 15% in alternative No. 2 would require that $898,000 in Gas Tax also be reduced in the Transportation Capital program annually to maintain level funding in the Operations and Maintenance budget for the Transportation Division. Alternative No. 3 at 20% reduction would require $1.72 million of Gas Tax be reduced annually beyond all non -debt service ad valorem in the Transportation Capital program to maintain level funding for Transportation Operations and Maintenance Programs. With the addition of over 400 new and improved lane miles of roadways, the expanded infrastructure for Traffic Operations and the advancing age of our bridges, further budget cuts to Operations and Maintenance would not allow sufficient investment to safely maintain the capital inventory that currently exists. Nor would further cuts concordantly address the increased demand for maintenance that will result from the deferral of capital projects. In fact, a generally level funding for Operations and Maintenance will still mean a further increase in deferred maintenance, which will need to be addressed at a significantly higher cost when funding improves. January 21, 2010 Staff Report Appendix A - 1 - The alternatives prepared seek to ensure deficiencies are addressed or, at least, progress is being made to address each deficiency. At the same time, BCC policy directive is to keep the County out of a long -term concurrency management system and from facing the creation of a Transportation Concurrency Backlog Authority. This approach also avoids being forced into a long -term financially feasible CIE, which by Statute can be 10 or 15 years. Both the Transportation Concurrency Backlog Authority and long -term CIE and concurrency management system could become issues if there is a significant upturn in growth and there is a widening of the financial gap for all of the deficient road segments where ultimately, major funding would be required in a short period of time and no funding is available. The alternatives substantially address existing and projected transportation deficiencies but further delay major improvements. The different alternatives take the costs into consideration that have been deferred, as well as the cumulative effect of the interim improvements and what the potential financial impact will be when the deferred improvements must be made. It is possible that these improvements could all be required in close proximity in time with, or at the same time that, other major projects will be required. The cost benefit ratio of deferring improvements to out -years differs with each alternative, resulting with different financial scenarios. The 11 % alternative slows down future project readiness and removes construction for the segment of Collier Boulevard from north of 1 -75 to Green Boulevard and the construction for the Valewood Extension. The 15% reduction results in the further reduction in rights -of -way acquisition and the loss of construction funding for Santa Barbara Boulevard from Copper Leaf Lane north to Green Boulevard. The major difference between the 15% and 20% alternatives is that the 20% alternative does not leave any funds available to roll into the new fifth year (fiscal year 2015) or thereafter to bring forward a current concurrency concern (Golden Gate Boulevard), the Santa Barbara Boulevard project, the Collier Boulevard between Golden Gate Main Canal and Green Boulevard, or other concurrency segments that may develop over the next five years. Specific project implications of the three alternatives are demonstrated in the Schedule of Capital Improvements included with this annual CIE update. Transportation projections used the anticipated 11% reduction in preparing the second 5 -year Schedule. If the BCC adopts the 15% or 20% reduction, then the Arterial and Collector Roads component of CIE Appendix H, the Future Costs and Revenues by Type of Public Facility will be modified accordingly. Parks and Recreation Facilities Projects The 2009 AUIR indicates a surplus of both Community Park Land and Regional Park Land through the 5 -year planning period. Two Parks and Recreation projects were removed from the Schedule of Capital Improvements, as follows; the scheduled project for future improvements of an ATV Park, and the scheduled project for future purchases of land programmed for parking expansion for Bayview Park. Stormwater Management System Projects The Lely Area Stormwater Improvement Program (LASIP) has been an ongoing project continuing over many years. Collier County reached the production phase approximately three years ago. Since that time, Stormwater Management System improvements in this area have advanced by coordinating January 21, 2010 Staff Report Appendix A -2- them with Arterial and Collector Road projects. LASIP remains a long term project in the Schedule of Capital Improvements. The Belle Meade Stormwater Master Plan was completed in September 2006. Initiation of Belle Meade Stormwater Improvement projects have been deferred until completion of the watershed study effort currently underway by the CDES Engineering and Environmental Services Department. The watershed study effort's progress to date includes prioritization of study completion by drainage basin, consultant selection to perform hydrologic and hydraulic modeling, and drafting watershed studies. The delay in the Belle Meade projects was anticipated, as the South Florida Water Management District emphasized the need for an integrated watershed management plan to ensure the establishment and utilization of sound data and analysis to protect water quality and manage water quantity. The anticipated completion date of the studies, including recommendations and project funding prioritizations, is fiscal year 2012. On June 22, 2004, the Collier County Board of County Commissioners established a Stormwater Program funded via a 0.15 mil ad valorem levy, securing funding beginning in fiscal year 2006 for the next 20 years. During the 2009 budget hearings, the BCC requested two alternatives be developed for the Stormwater Management Systems component of the Schedule of Capital Improvements that correspond with the different funding levels. First, an alternative that reflects Stormwater Management's status as a millage neutral program was developed within the assumption that revenues from the BCC established .15 mils would be reduced by 11% based on lower assessed values. The second alternative substantially restricts Stormwater Management System project funding by reducing the millage from .15 mils to .10 mils and then applying the anticipated 11% reduction in assessed values. Under this second alternative, the Stormwater Management program is essentially restricted to implementation of LASIP with some assumed reductions in scope and costs to meet the permitted schedule for completion of the project. Both Stormwater Management alternatives are presented in Exhibit `A " on pages 18.11 and 18.11 R. As with Transportation projections, Stormwater Management System projections used the anticipated 11 % reduction in preparing the second 5 -year Schedule. If the BCC adopts the 15% or 20% reduction for Transportation projections, then the Stormwater Management Systems component of CIE Appendix H, the Future Costs and Revenues by Type of Public Facility will be modified accordingly. Potable Water Svstem Proiects The Water & Wastewater Rate Study and Impact Fee Study approved by the BCC on June 24, 2008 were the sources for the figures used to prepare the CIE 5 -Year Schedule of Capital Improvements. The Water & Wastewater Master Plan Capital Improvements Program for 2015 through 2019 was divided equally for each year and funding sources were allocated in the same proportions as 2010 through 2014. Funding sources for 2015 through 2019 are not based on the rate study. These are estimations only and will change when an actual rate study for this period is prepared. Certain water treatment facilities were affected by deferred demand so as not to require incorporation of Orangetree facilities into the County system, or a high pressure reverse osmosis expansion for at the NCRWTP until fiscal years 2012 and 2023, respectively. January 21, 2010 Staff Report Appendix A -3- Solid Waste Disposal Facilities Projects Pursuant to the Landfill Operating Agreement (LOA) with Waste Management, Inc. of Florida (WMIF), landfill cell construction is scheduled and guaranteed by WMIF over the life of the Collier County Landfill. Collier County landfill expansion costs are paid for by WMIF through agreed upon Collier County landfill tipping fees. By contract under the LOA, WMIF will construct any future required cells. The timing of new landfill cell construction has been updated to reflect Waste Management Inc. of Florida's current cell development schedule, which affects when new cell capacity is recognized. Updated projections indicate that the Collier County Landfill will have zero capacity remaining in fiscal year 2039, while previous projections indicated zero capacity remaining in fiscal year 2036 [and fiscal year 2033 before that]. This "gained" capacity reflects both the positive impacts of the past and current solid waste initiatives that have increased recycling and decreased disposal as well as reductions in the population estimates used to calculate the remaining disposal capacity. Wastewater Treatment Svstem Proiects The Water & Wastewater Rate Study and Impact Fee Study approved by the BCC on June 24, 2008 were the sources for the figures used to prepare the CIE 5 -Year Schedule of Capital Improvements. The Water & Wastewater Master Plan Capital Improvements Program for 2015 through 2019 was divided equally for each year and funding sources were allocated in the same proportions as 2010 through 2014. Funding sources for 2015 through 2019 are not based on the rate study. These are estimations only and will change when an actual rate study for this period is prepared. Certain water reclamation facilities were affected by deferred demand so as not to require incorporation of Orangetree facilities into the County system until fiscal year 2012. January 21, 2010 Staff Report Appendix A -4- MEMORANDUM Community Development & Environmental Services Division To: Collier County Planning Commission From: Susan M. Istenes, AICP and David Weeks, AICP Date: January 27, 2010 Subject: Staff Comments on Private Petition PL- 2009 -491 - C -5 zoning district and SIC Code 3841 surgical and medical instruments Staff has completed its review of the above referenced private petition and offers the following comments and recommendations. Zoning Analysis: The applicant is requesting an amendment to the C -5 Heavy Commercial zoning district to allow Surgical and Medical Instruments and Apparatus, Standard Industrial Classification (SIC) number 3841 as a permitted use in the C -5 Heavy Commercial zoning district; the C -5 zoning district is the County's most intense commercial zoning district. The specific uses within SIC Code 3841 encompass establishments primarily engaged in manufacturing medical, surgical, ophthalmic, and veterinary instruments and apparatus, for example: surgical clamps, corneal microscopes, surgical forceps, retractors, surgical knife blades and handles, etc. Many of these types of businesses tend to use computer numerical controlled precision milling and laser welding, milling and turning machines and hire employees such as skilled machinists and programmers to operate them along with support staff (sales, administration, supply, custodial, etc). Comparability: There are some light industrial type of uses already permitted by right in the C -5 zoning district of a similar nature such as commercial printing (2752, excluding newspapers), Armature rewinding shops (7694), Dental and Medical labs electrical and electronic repair shops ,miscellaneous repair shops and more intense land uses such as automotive repairs including automotive body shops. Therefore, the proposed use is comparable to many of the uses currently permitted by right in the C -5 zoning district. Compatibility: The proposed uses are more closely related to light industrial types of land use characteristics rather than commercial land use characteristics. While staff is not advocating the creation of a light industrial zoning district it is important to recognize that there are some industrial uses that are comparable and compatible to commercial uses permitted by right in the C -5 zoning district. Normally these types of uses are along the lines of what is generally considered "clean' ' manufacturing. Given the nature of what they produce and what the production characteristics of these uses are, these types of uses are typically not detrimental to the surrounding area by reason of smoke, noise, dust, odor, traffic, physical appearance or other similar factors. In this case the activity that occurs on site is comprised of precision manufacturing with lasers and turning machines, milling laser markers, laser welders, electrical discharge machining, etc. Waste production is very limited and deliveries of supplies and products are usually by light carriers such as FedEx and UPS. These types of uses do not normally create a nuisance discernible beyond their property lines. The C -5 zoning district is replete with allowable land uses that generally tend to utilize outdoor space in the conduct of the business, especially those that have a need to store construction associated equipment and supplies, although not all of the permitted uses in the C -5 zoning district utilize outdoor storage. It is staff's opinion that precision manufacturing of medical instruments is compatible to and appropriate in the C -5 zoning district under certain conditions. The primary condition staff recommends is that these types of uses occur solely as an indoor operation. Zoning Conclusion: There have been significant technological advances in the manufacturing of surgical and medical apparatus and overall the operational characteristics of the use can be described as clean, quiet light manufacturing utilizing precision computerized technology. Within the C -5 zoning district regulations there are permissible uses that are comparable to the proposed uses and there are uses that are more intense than the proposed uses such as car repairs and auto work and businesses which contain an outdoor storage /space element. The proposed uses are both comparable to and compatible with those uses in the C -5 zoning district and it is staff's opinion that the proposed SIC classification is an appropriate use for the C -5 zoning district and recommends approval subject to the following conditions: 1. Add the following: (Indoor only) after the SIC code. 2. The addition of this use to the C -5 zoning district requires that the amendment comply with the notice and hearing requirements of 10.03.05.E. of the Collier County Land Development Code. Comprehensive Plan Consistency Analysis: The proposed land use is listed under `Manufacturing' in the Standard Industrial Classification (SIC) Manual. Manufacturing uses are limited to the Industrial District/Designation and certain commercial subdistricts of the Growth Management Plan (GMP), such as the Interchange Activity Center Subdistrict and the Business Park Subdistrict, with certain limitations and/or exclusions. Industrial land use intensities include: a. Manufacturing; b. Processing; C. Storage and warehousing; d. Wholesaling; e. Distribution; f. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; Business services; k. Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; 1. Business Park uses; and m. Support commercial uses, such as child care centers and restaurants. The requested LDC amendment would be applicable to all lands throughout unincorporated Collier County zoned C -5, Heavy Commercial District, and various commercial subdistricts that allow C -5 commercial intensities, such as the Mixed Use Activity Center Subdistrict and the Collier Boulevard Subdistrict of the Golden Gate Area Master Plan, and the Office and Infill Commercial Subdistrict, Mixed Use Activity Center Subdistrict, and the Interchange Activity Center Subdistrict of the Future Land Use Element. The Commercial Districts of the GMP are intended to accommodate commercial development, a variety of residential uses, and a variety of non - residential uses, such as essential service uses. As noted in the Zoning Analysis Section above, there is at least one other land use, Commercial Printing, excluding newspapers (SIC 2752), listed under `Manufacturing' in the Standard Industrial Classification Manual; and, other uses that may be categorized as "light industrial" currently allowed in the C -5 zoning district. However, the commercial districts /subdistricts of the GMP are not intended to accommodate manufacturing and other uses categorized as `light industrial', unless otherwise specified in the commercial district /subdistrict. Comprehensive Planning Conclusion: Based on the above Comprehensive Plan analysis, and notwithstanding the finding by Zoning that the proposed use is comparable to and compatible with the C -5 District, the Comprehensive Planning staff finds that the proposed LDC amendment is inconsistent with certain commercial provisions /subdistricts of the Future Land Use Element, Golden Gate Area Master Plan Element, and the Immokalee Area Master Plan Element of the Collier County's Growth Management Plan. Further, Comprehensive Planning staff is of the opinion that the existing industrial land uses presently allowed within the C -5 zoning district should be removed, unless those uses are specifically allowed by the commercial district /subdistrict; or all commercial districts /subdistricts of the GMP that allow C -5 intensity uses be amended to include all uses of similar intensity to the one proposed by this LDC amendment. RECOMMENDATION: Denial, based upon finding of inconsistency with the Growth Management Plan. _ x Collier County Planning Commission i i " LDC Pacbet No.1 Thursday, January 28 at 8:30 a.m. Board Meeting Room Proposed Schedule for LDC Amendment 2009 Cycle 1 Meeting Day Date 8:30a.m.- 5:00p.m. 8:30a.m: 5:OOp.m. Time LDC Amendment Deadline Monday June 30, 2009 COB County Mgr.'s Review Monday July 13, 2009 2:00 p.m. Packets to Directors/EAC/DSAC Wednesday July 15, 2009 Mtgs. EAC Monthly Meeting Wednesday Aug. 5, 2009 9:00 a.m. -noon DSAC Monthly Meeting Wednesday Aug. 5, 2009 1:00 -3:00 p.m. DSAC LDR Sub - Committee Meeting Wednesday Aug. 19, 2009 1:30 -3:00 p.m. EAC Monthly Meeting Wednesday Sept. 2, 2009 9:00 a.m. -noon DSAC Monthly Meeting Wednesday Sept. 2, 2009 1:00 -5:00 p.m. DSAC LDR Sub - Committee Meeting Wednesday Sept. 16, 2009 1:00 -3:00 p.m. EAC Monthly Meeting Wednesday Oct. 7, 2009 9:00 a.m. -noon DSAC Monthly Meeting Wednesday Oct. 7, 2009 1:00 -3:00 p.m. DSAC LDR Sub - Committee Meeting Wednesday Oct. 21, 2009 2:00 -5:00 p.m. EAC Monthly Meeting Wednesday Nov. 4, 2009 9:00 a.m. -noon DSAC Monthly Meeting Wednesday Nov. 4, 2009 1:00 -3:00 p.m. DSAC LDR Sub - Committee Meeting Wednesday Nov. 18, 2009 2:00 -5:00 p.m. EAC Monthly Meeting Wednesday Dec. 2, 2009 9:00 a.m. -noon DSAC Monthly Meeting - - - - - - Wednesday - - Dec. - - 2, 2009 - 1:00 -3:00 p.m. - - - CCPC LDC Meeting* CCPC LDC Meeting* Thursday Friday Jan. 28, 2010 Feb. 26, 2010 8:30a.m.- 5:00p.m. 8:30a.m: 5:OOp.m. CCPC LDC Meeting* Wednesday March 10, 2010 1:00p.m.-5:00p.m. CCPC LDC Meeting* Wednesday March 24, 2010 1:00p.m: 5:00p.m. - - - - - BCC LDC Meeting i * - - - - Monday - - May 17, 2010 - - - 9:00a.m: 5:00p.m. BCC LDC Meeting 2* Thursday May 20, 2010 5:05 -8:00 p.m. BCC LDC Meeting 3* Wednesday June 2, 2010 9:00a.m.- 5:00p.m. BCC LDC Meeting 4* Thursday June 10, 2010 9:00a.m.- 12:00p.m. * indicates a public hearing date StAke thfaugh means that the meeting did not occ Underlined text indicates a new meeting and/or time change for an existing meeting Community Development & Environmental Services I:\09 Amend the LDC\2009 -Cycle 1 \Schedules and Summaries \Cycle 1 2009 - LDC Schedule (I 11709) PUBLIC.doc rr� Vl W U O rH r ^�7 I� rl W U Q� N � U N y U Upa on � g .c xN xN 7 R � ah U� U n U U U c 9o, o.arnrn U ro o 0 0 0 0 Ev�� -irari ^ E �Qrn O'z, L] C O� C N N N 0 aq Ago U C N N W O U p .oz ti Con0 �I O N U Q a G' 0 C o id G v ti b 0 Z3 r 0 0 0 0 N ' U 0 O1 U> CD y % O z Iu � �� C� � °�°�° � o C7 0 >1 ti N o o N "o O ii t� 0 0 0 o un Uon U Ca c u ti bU. ... .c. m a o oo c 0 0 C) .O CD s c 0 w 3 t P. cd m o c .. i a, U D C Q to U p U 'b � a. <d y .� y Q .R' U y P. 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Q, d Gi L d bD C w« c y a Q o y a U m m m a a c CE E v c v c m _'V L_ L_ L_ d d U R d N hD\OOO �O O m iTl 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 Text underlined is new text to be added Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle 1 AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3: 54 LDC SECTION(S): Section 3.06.06 Regulated Well Fields CHANGE: Replace the existing Illustration 3.06.06 C. with the proposed update of the Collier County Utilities Golden Gate Well Field Illustration. REASON: Remodeled the Well Field Risk Management Special Treatment Overlay Zones around the Collier County Utilities Golden Gate Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESIVERSION DATE: August 14, 2009 Amend the LDC as follows: E: \ccpgan28PKT(122209). doc 1 Text underlined is new text to be added. Bold text indicates a defined term 1 COLLIER COUNTY UTILITIES 2 GOLDEN GATE WELL FIELD 3 4 5 6 Illustration 3.06.06 C. 7 8 For more detailed information, refer to the Collier County Zoning Map at 9 www.collier-gov.net/Index.aspx ?page =992 10 2 E: %CCP gan28PKT(122209).doc 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 Text underlined is new text to be added Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle 1 AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:48 -52 LDC SECTION(S): Section 3.06.06 Regulated Well Fields CHANGE: Replace the existing Illustration 3.06.06 E. with the proposed update of the Florida Governmental Utility Authority Golden Gate City Well Field Illustration. REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones around the Florida Governmental Utility Authority Golden Gate City Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESNERSION DATE: Augustl4, 2009. Amend the LDC as follows: E: \CCPCjan28P KT(122209).doc kl Text underlined is new text to be added. Text strikethmugh is Bold text indicates a defined term 1 2 3 FLORIDA GOVERNMENTAL UTILITY AUTHORITY 4 GOLDEN GATE CITY WELL FIELD 5 6 2' 77 23 24 w S m Cif d 27 6 2£ STM -1 STM1Y -2 STAV3 STW4 K O V MVT�STq� � 33 35 36 <4 8 9 Illustration 3.06.06 E. 10 11 For more detailed information, refer to the Collier County Zoning Map at 12 www.colliergov.net/Index.aspx ?page =992 13 14 15 16 17 18 19 20 21 22 23 24 25 4 E: \ccpgan28PKT(122209). doc e 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 Text underlined is new text to be added Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle 1 AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:48 -52 LDC SECTION(S): Section 3.06.06 Regulated Well Fields CHANGE: Replace the existing Illustration 3.06.06 F. with the proposed update of the Orange Tree Well Field Illustration. REASON: Remodeled the Well field Risk Management Special Treatment Overlay Zones around the Orange Tree Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESIVERSION DATE: August 14, 2009 Amend the LDC as follows: E: \ccpgan28PKT(122209). doc 5 4 5 6 Text underlined is new text to be added. Text strikethrough is eu�ent te)d to be deleted. Bold text indicates a defined term ORANGETREE WELL FIELD E: \ccpgan28PKT(122209). doc 0 11 12 I ---------=------------------- 14 ! 13 l - -- ------ - - - - -- - a 1_ CR SS$ i r Iv E: \ccpgan28PKT(122209). doc 0 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 Text underlined is new text to be added Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle 1 AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:48 -52 LDC SECTION(S): Section 3.06.06 Regulated Wellfields CHANGE: Insert a new Ave Maria Utility Company Well Field Illustration and refer to it as Illustration 3.06.06 H. REASON: Modeled the Well field Risk Management Special Treatment Overlay Zones around the Ave Maria Well Field. This New Water Supply Well field will serve the Ave Maria community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESNERSION DATE: August 14, 2009 Amend the LDC as follows: E:\ccpgan28PKT(122209).doc 7 2 AVE MARIA UTILITY 3 COMPANY WELL FIELD 61 Text underlined is new text to be added. Bold text indicates a defined term 6 7 8 9 Illustration 3.06.06 H. 10 For more detailed information refer to the Collier County 11 www. colIieroov.net/[ndex.aspx ?pacie =992 8 E:\ccpgan28P KT(122209). doc 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 Text underlined is new text to be added Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element, Deferred from 2008 Cycle 1. AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:51 LDC SECTION(S): 3.06.06 Regulated Well Fields CHANGE: Add Ave Maria Utility Company Well Field REASON: Language change allows the rule to recognize a new Public Water Supply Well Field that will serve the Ave Maria community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities Element — Natural Groundwater Aquifer Recharge Sub - Element Objective 1.1 and the Conservation and Coastal Management Element Objective 3.3. OTHER NOTESNERSION DATE: October 15, 2008 Amend the LDC as follows: 3.06.06 Regulated Well Fields The following well field risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields: A. City of Naples East Golden Gate Well Field. B. City of Naples - Coastal Ridge Well Field. C. Collier County Utilities Golden Gate Well Field. D. Everglades City Well Field. E: \CCP qa n28PKT(122209).doc A Text underlined is new text to be added. Bold text indicates a defined term 1 E. Florida Governmental Utility Authority Golden Gate City Well Field. 2 3 F. Orange Tree Well Field. 4 5 G. Immokalee Well Field. 6 7 H. Ave Maria Utility Company Well Field. 8 9 10 11 10 E:\CCPCian28PKT(122209).doc 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 Text underlined is new text to be added Bold text indicates a defined term LDC Amendment Request ORIGIN: BCC - Directed AUTHOR: Amy Patterson and Nick Casalinguida DEPARTMENT: Business Management & Budget/CDES and Transportation Planning AMENDMENT CYCLE: 2009, Cycle 1 LDC PAGE: LDC10:100 -124 LDC SECTION(S): 10.02.07 C. Submittal Requirements for Certificates of Public Facility Adequacy CHANGE: Currently payment provisions for issuance of a Certificate of Public Facility Adequacy of 50% of the estimated transportation impact fees are being paid upon approval of a final local development order with the balance of the fees due in three years; changing to 20% payment of the estimated transportation impact fees each year for five years. REASON: To comply with Ordinance Amendment 2009 -09 adopted by the BCC on March 10, 2009. FISCAL & OPERATIONAL IMPACTS: The provisions may provide additional stability to the revenue structure as applicants are able to make smaller upfront payments over the five year period and may be encouraged to pay for their Certificate of Adequate Public Facility (COA) rather than foregoing the project and allowing their COA to expire. RELATED CODES OR REGULATIONS: Code of Laws and Ordinances Section 74 -302 GROWTH MANAGEMENT PLAN IMPACT: The provisions to allow the payment of the required upfront road impact fees in five (5) annual equal payments to obtain or extend a COA would maintain the integrity of the Capital Improvement Element but may require a rebalancing of the schedule. OTHER NOTES/VERSION DATE: July 1, 2009. Revised 9/24/09. Amend the LDC as follows: 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy E: \CCPgan28PKT(122209).doc 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 51 Text underlined is new text to be added. Text St&8thF9U9h s Gwent text le be deleted. Bold text indicates a defined term C. Certificate of public facility adequacy. 1. General. NO a Payment of road impact fees to obtain a certificate of adequate public facilities. i. A five -year temporary certificate of public facility adequacy (COA) Commissioners for transportation capital improvements, except that for those non - residential (i.e., typically commercial or industrial) developments otherwise required to obtain approval of an SDP prior to the issuance of a building permit, applicants for a final subdivision plat may elect to: i a) comply with the applicable regulations of this section as to 1 or more of the lot(s) of the FSP and obtain a COA specifically for just that lot or lots at a specified intensity of development; or iF W delay submitting a TIS and obtaining a COA for all of the proposed lots, or just those remaining lots not then already complying with this section, until a required SDP is applied for and the terms of this section are then complied with including payment of estimated transportation impact fees. The subject development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes, however, until approval of a TIS, payment of 6"' estimated Transportation Impact Fees in accordance with this subsection, and issuance of a COA in accordance with Chapters 3, 6, and 10 of this Code and Rule 9J- 5.0055, F.A.C. Final calculation of impact fees due will be based on the intensity 12 EACCPCjan28PKT(122209).doc 13 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added 1 Bold text indicates a defined term of development actually permitted for construction and the impact 2 fee schedule In effect at the time of the building permit(s) 3 application, such that additional impact fees may be due prior to 4 Issuance of the building Permit(s) The balance of transportation 5 Impact fees shall be paid in four additional annual installments 6 of 20 %. beginning one Year after the initial 20% payment 7 8 ii. Impact fees for all other Category "A" capital improvements will be 9 paid at the time of issuance of building permits at the rate then 10 currently applicable. 11 12 iii. At the time a temporary COA is issued and the first twenty 13 percent (20 %) of the estimated payment is paid the applicant will 14 deposit with the County sufficient security, the form of which has 15 been approved by the Board of County Commissioners for a term 16 of four years in an amount equal to the 20% payment 17 18 iv. Upon pavment of 100% of the estimated impact fees the 19 certificate will be issued in perpetuity and the dedicated security 20 will be released. No further advance payments will be due once 21 actual road Impact fees are paid equal to the initial estimated 22 Impact fees. 23 24 V. Once the initial 20 percent of the estimated payment has been 25 paid, the security has been deposited with the County, and a 26 temporary COA has been issued failure to submit the remaining 27 additional Installments in accordance with the provisions of this 28 subsection shall result in the following: 29 30 a) Upon failure to cure following 10 days written demand the 31 County will exercise its payment rights to the dedicated 32 security; and 33 34 b) The matter will be referred to the Board of Countv 35 Commissioners for review. Absent the Board finding 36 exceptional circumstances the temporary certificate of 37 public facility adequacy shall be revoked 38 39 40 vi. For those developments that have secured a three-year COA in 41 order to extend the vesting period for an additional five years the 42 balance of the estimated transportation impact fees based on the 43 Impact fee rate In effect at the time of the pre - approval letter, must 44 be paid In five additional annual installments of 20% with the first 45 Payment being made prior to the expiration date of the three-year 46 certificate. For those developments that have secured a three 47 year certificate that has expired in order to extend the vesting 48 period for an additional five years the balance of estimated 49 transportation Impact fees based on the impact fee rate in effect at 5o the time of the pre - approval letter must be paid in five additional 51 nnniml —4 ono/ ...!" .,_ - . 13 E: \ccpgan28P KT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term security; and exceptional circumstances the temporary certificate of public facility adequacy shall be revoked. C. Where the proposed development has been issued final subdivision plat approval or final site development plan approval pr;OF tG =mom effeetove date of this seGt'en, i.e., an OF abGUt NOV8FAIDeF 3, 1993, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. E: \ccpga n28P KT(122209).doc 14 Z. E: \ccpga n28P KT(122209).doc 14 Text underlined is new text to be added Bold text indicates a defined term 1 2 3 development eFdeqs) feF the development. if the develepeF does net el 4 15 E: \ccpgan28PKT(122209).doc 8 9 f9F the deyelepmBR& Fees paid 'At 10 Z 11 to r=ebFUary 6, 2003, in aGGerdair�ae with the 12 applffioabl&-�� 13 14 15 16 e: d. Assessment and application of transportation impact fees and surrender 17 of certificate of public facility adequacy, Within 99 days Df WFWAR 18 net+fisaiien -Upon notice by facsimile or other approved electronic format 19 that an application for a final local development order and a certificate 20 has-have been approved and a GeFtifiGate issue prior to expiration of 21 the temporary, 1 -year capacity reservation previously secured by the 22 applicant upon the County's acceptance of the TIS pursuant to section 23 10.02.07 CAA., 1; FneFe than go days 24 whiGheyeF , an applicant may pick up the the 2 25 certificate upon payment of the estimated 26 transportation impact fees due in accordance with section 10 02 07 27 C.1.a.. Such estimates shall be based on the currently approved 28 transportation impact fee rate schedule. If the certificate is not picked up 29 within the timeline set forth above and the applicable estimated 30 transportation impact fees paid, the application will be deemed denied 31 and the 32 Wn the beginning certificate will be voided. In such a case the applicant shall 33 then be required to apply for an extension of the capacity reservation in 34 accordance with section 10 02 07 C 4 f If the size of the residential units 35 is not known at the time of payment the Transportation impact fees for 36 residential development will be estimated using the fee based on the 37 mid -range housing size;, al4fiel; as 38 39 40 41 42 tO SeGtOGR 10.02.-. have RF;rrMWR 43 -fees applied agaiRst the 44 45 46 A..A Is basis 47 of the th'Fd yeap after the fee 48 49 payrneRt. The 50 perGent i Road impact fees paid to obtain a certificate of adequate public facilities are non - refundable after payment and receipt of 50 the certificate of public facility adequacy certificate. 51 15 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 2 Installment Tor certifcates issueo supseouent to the enectlye gate OT inls 3 amendment, or not later than 90 days prior to the expiration of the 3 year 4 period for such — certificates issued prior to the effective date of this 5 amendment, the county shall notify the serti#isate fielder then current 6 owner via certified fegistered —mail of the amount due calculated in 7 accordance with section 10.02.07 C.1.a. 8 9 10 11 12 13 remaining, 14 up to 50 peFGent, ba'aAG9 of the estimated tFaRspaFtatieR 'FnpaGt fees due 15 16 17 18 19 20 21 22 As building P8FMitG dp n %qn. o„ the entitlement6 the esti.Fna a 23 traRSpeFtatien *mpaGt fees alFeady paid shall be debited at the rate Af the 24 0 MPaGt fees On e #e^t at the "^n° of u t •zatien. If the estimated 25 transportation impact fee account becomes depleted, the developer shall 26 pay the currently applicable transportation impact fee for each building 27 permit in full prior to its issuance. In the event that upon build -out of the 28 development estimated transportation impact fees are still unspent, the 29 remaining balance of such estimated fees may be transferred to another 30 approved project within the same, or adjacent, transportation impact fee 31 district, provided any vested entitlements associated with the unspent and 32 transferred transportation impact fees are relinquished and the certificate 33 of public facility adequacy is modified to delete those entitlements. 34 35 2. Rules of general applicability for certificate of public facility adequacy. Certificates 36 of public adequacy issued for roads under section 10.02.07 C.1. of this Code will 37 remain in effect until the expiration date of the certificate subsequent to 38 provided 39 provisions of subsection 10.02.07 C.1.e. of this Code are met and that annual 40 mid -year monitoring reports are filed which comply with section 10.02.07 C.1. of 41 this Code and all developer requirements established during zoning or as part of 42 a developer contribution agreement are completed or are being constructed 43 consistent with the current development infrastructure improvement construction 44 commitment schedule. 45 46 a. Timing. An application for a certificate of public facility adequacy may only 47 be submitted as part of an application for a final local development 48 order subject to section 10.02.07 C.1. of this Code. 49 5o b. Impact Fees. A complete application for a certificate of public facility 51 adequacy will include the calculation of the total amount of transportation 16 E: \CCPCjan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 impact fees estimated to be due by the applicant on the development 2 for which a final local development order application has been 3 submitted. Impact fee calculations will be reviewed and the amount 4 estimated to be paid pursuant to section 10.02.07 CA.e. of this Code 5 finally determined by the impact fee coordinator. One-half (60 peFG 6 the estimated payment Payment in accordance with Section C 1 a will be 7 due at the time of notification of approval of the final local development 8 order and will be deposited into the applicable impact fee trust fund and 9 will be immediately available for appropriation by the Board of County 10 Commissioners for transportation capital improvements. Final calculation 11 of impact fees due will be based on the intensity of development actually 12 permitted for construction and the impact fee GGhAdl-11A PfUqAt at the 13 . � c, 14 such that additional impact fees may _b_e du._ e .p.r.io. r .t.o .iss.uance of the 15 building permit(s). The balance of transportation impact fees shall be 16 due as provided for in section 10.02.07 C.1 of this Code. 17 18 C. Consolidated application. A final local development order shall receive 19 final approval only to the extent to which the proposed development 20 receives a certificate of public facility adequacy. The application for a 21 certificate of public facility adequacy may only be submitted with an 22 application for final local development order approval, where 23 appropriate under this section. An application for a certificate of public 24 facility adequacy will receive final approval and a certificate will be issued 25 concurrently with approval of a final local development order as set 26 forth in section 10.02.07 C.1.e. of this Code. 27 28 d. Assignability and transferability. An approved certificate of public facility 29 adequacy shall run with the land associated with the corresponding 30 development approval, and shall be assignable within the corresponding 31 land of the approved development, and shall not be assignable or 32 transferable to other development, except as may otherwise be provided 33 for under an approved development agreement. This provision does not 34 preclude the re- allocation of capacity between lots or parcels comprising 35 the land that is the subject of the same consolidated application for 36 development approval so long as the original certificate is surrendered 37 along with a written request by the then current owner to re- allocate no 38 more than that certificate's previously approved capacity in a re- issued 39 certificate. 40 41 e. Expiration. A certificate of public facility adequacy for "Category A" 42 facilities, except roads, shall expire 3 years from the date of its approval 43 except to the extent that building permits have been issued for the 44 proposed development for which the certificate is approved or a final 45 subdivision plat has been approved and recorded, and the proposed 46 development is then completed pursuant to the terms of the Collier 47 County Building Code or as provided in section 10.02.07 C.I. of this 48 Code, refund of impact fees, except for certificates issued pursuant to 49 section 10.02.07 C.1. of this Code, will be subject to the provisions of the 50 consolidated impact fee trust fund ordinance. The expiration date of a re- 51 issued certificate re- allocating capacity to different lots or parcels in the 17 E: \cCPCjan28P KT(122209).doc Text underlined is new text to be added. Text StFiWthFeUgh is GUFFeRt text to be deleted. Bold text indicates a defined term 1 same development will relate back to, and be calculated from, the original 2 certificate's date of issuance. 3 4 i. For large developments as indicated below, a 5 year certificate of 5 public facility adequacy for "Category A" facilities, except roads, 6 may be obtained provided the developer enters into an 7 enforceable development agreement with the county. 8 Developments comprised of more than 500 residential dwelling 9 units, or a phased increment of development comprised of more 10 than 150 residential dwelling units, or a commercial /industrial 11 development of more than 100,000 square feet of gross leasable 12 area is considered to be a large development. A certificate of 13 public facility adequacy for a large development shall expire 5 14 years from the date of its approval except to the extent that 15 building permits have been issued for the proposed development 16 for which the certificate is approved, and the proposed 17 development is then completed pursuant to the terms of the 18 Collier County Building Code. 19 20 f. Effect. Issuance of a certificate of public facility adequacy shall 21 demonstrate proof of adequate public facilities to serve the development 22 approved in the development order, subject to the conditions in the 23 development order. A subsequent application for development approval 24 for development approved in a development order for which a certificate 25 of public facility adequacy has been approved shall be determined to 26 have adequate public facilities as long as the certificate of public facility 27 adequacy is valid and unexpired. When a certificate of public facility 28 adequacy expires, any subsequent application for development approval 29 shall require a new certificate of public facility adequacy to be issued 30 pursuant to the terms of this section prior to approval of any subsequent 31 development order for the proposed development. Application for 32 approval of a certificate of public facility adequacy for subsequent or 33 continuing development once a certificate has expired shall be based on 34 public facility availability at the time of the new application. Under no 35 circumstances shall a certificate of public facility adequacy be 36 automatically renewed. 37 38 3. Effect of development agreement in conjunction with a certificate of public facility 39 adequacy. Upon approval by the Board of County Commissioners, any applicant 40 shall enter into an enforceable development agreement with Collier County 41 pursuant to the provisions of F.S. §§ 163.3220 -- 163.3242 or other agreement 42 acceptable to the Board of County Commissioners, in conjunction with the 43 approval of a development order and /or a certificate of public facility adequacy. 44 The effect of the development agreement shall be to bind the parties pursuant to 45 the terms and conditions of the development agreement and the certificate of 46 public facility adequacy in order to insure that adequate public facilities are 47 available to serve the proposed development concurrent with when the impacts 48 of the development occur on the public facilities. 49 50 4. Procedure for review of application. 51 52 a. Submission of applications and fees. The application for a certificate of public 18 EACCPCjan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 facility adequacy for road facilities only shall be submitted in duplicate to the 2 Community Development and Environmental Services Division Administrator. 3 Such applications shall be submitted at the filing for the next final local 4 development order as specifically provided for under section 10.02.07 C.I. All 5 other applications for a certificate (i.e., except for road facilities) shall be 6 submitted at building permit application aleng -with and final payment for any 7 impact fees owed, including any road impact fees. -, will be due prior to building 8 permit issuance. Application fees in an amount to be determined by the Board of 9 County Commissioners shall accompany and be part of the applications. 10 x e x • • + : x ♦ + 11 e. Approval of certificate; payment for, and cancellation of certificates. Upon 12 notification by facsimile by the Community Development and 13 Environmental Services Division Administrator or his designee and the 14 Transportation Services Division Administrator or his designee, that an 15 application for a certificate of public facility adequacy for road facilities 16 has been approved, transportation 17 impact fees shall be paid in accordance with section C 1 a. If the 18 applicant does not pick up the certificate and pay all applicable 19 transportation impact fees , prio r 20 to expiration of the temporary 1 -year capacity reservation previously 21 secured by the applicant upon the County's acceptance of the TIS 22 pursuant to section 10.02 07 C 4 f the certificate will be voided. In such a 23 case, the applicant shall then be required to apply for an extension 24 +ssaaase of anew the capacity reservation ce#f%sat&4n accordance with 25 section 10.02.07 CAA. All Collier County impact fees are due and 26 payable at building permit issuance based on the applicable rate structure 27 in effect at the time the building permit application is submitted 28 one, 29 30 f. Traffic Capacity Reservation for all or part of the proposed development 31 may be approved and secured at application pending approval of the final 32 sub - division plat, site development plan or building permit upon 33 acceptance of the TIS by the Transportation Administrator as part of a 34 complete Application Request (AR) deemed sufficient for review for the 35 proposed development by the CDES Division. The Transportation 36 Administrator will notify the applicant of any traffic capacity reservation 37 via facsimile per section 10.02.07 CA.c. Traffic capacity reservations will 38 be awarded to the development upon: approval of the COA and final 39 development order per section 10.02.07 CA.e. payment of road impact 40 fees in accordance with section 10.02.07 CA.a. and 10.02.07 CA.e.; and 41 Proportionate Share Payment, if applicable, in accordance with section 42 6.02.01. Traffic capacity reservations approved under this section will 43 expire in 1 year, from TIS approval and determination of available 44 capacity, unless the final local development order for the development 45 is approved, or the Board approves an extension to the 1 year time 46 period. 47 48 49 (Ord. No. 05 -27, § 3.)(X; Ord. No. 06 -63, § 3.TT) 19 EACCPCian28PKT(122209).doc Text underlined is new text to be added. T-eA 6111kethFOUgh 8 Current text to be deleted. Bold text indicates a defined term jo ORDIN ANCE N0. 2009- 09 ANCE OF THE BOARD OF COUNTY COMMISSI1COUNTY, FLORIDA, AMENDING CHAPTER 74 OF TLIER COUNTY CODE OF LAWS AND ORDINANCES, TAAT n ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001 -13, AS AMENDED, PROVIDING Oc` FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE ` STUDY ENTITLED "COLLIER COUNTY TRANSPORTATION IMPACT FEE UPDATE STUDY "; AMENDING THE ROAD IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE ONE OF APPENDIX A, AS SET FORTH IN THE IMPACT FEE PDATE STUDY; UPDATING THE GENERAL DEFINITIONS SECTION; PROVIDING FOR REMOVAL OF OBSOLETE LANGUAGE RELATED TO THE PROVISIONS FOR REIMBURSEMENT OF IMPACT FEES WITHIN FOUR YEARS OF PAYMENT; PROVIDING FOR THE REMOVAL OF AN OBSOLETE REFERENCE TO THE "EDUCATIONAL IMPACT FEE TRUST FUND "; PROVIDING FOR REMOVAL OF AN OBSOLETE REFERENCE TO THE "DIRECTOR OF FINANCIAL ADMINISTRATION AND HOUSING "; PROVIDING FOR THE INCLUSION OF PROVISIONS RELATED TO OBTAINING A CERTIFICATE OF ADEQUATE PUBLIC FACULTIES WITH RESPECT TO ROAD IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF JUNE 8, 2009. WHEREAS, Collier County has used impact fees as a funding source for growth- related capital improvements for transportation since 1985; and WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code "); and WHEREAS, on April 25, 2006, the Board adopted Ordinance No. 2006 -19, thereby amending Schedule One of Appendix A of Chapter 74 of the Code, and establishing the County's then current Road Impact Fee rates; and WHEREAS, on June 26, 2007, the Board adopted Ordinance No. 2007 -57 incorporating the " Coltier County Impact Fee Indexing Study" through which Road Impact Fee were indexed in accordance with the prescribed methodology, thereby establishing the rates that are currently in effect; and - Page l of 13 Underlined text is added; i;traek 04feugh text is deleted 20 E: \CCPCjan28PKT(122209).doc 1111 Text underlined is new text to be added Bold text indicates a defined term WHEREAS, as Section 74-502 of the Code states that impact fee studies should be reviewed at least every three years, the County retained Tindale - Oliver and Associates, Incorporated (the "Consultant'), to review the existing Road Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultant has prepared an .impact fee study entitled "Collier County Transportation Impact Fee Update Study," dated February 19, 2009 (the "Study"); and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Study recommends changes to the Road Impact Fee rate schedule, as set forth in Schedule One of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and WHEREAS, the Study also recommends establishing the proposed impact fee rates in order to equitably distribute the costs of acquiring and constructing public facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by commercial and residential land uses; and WHEREAS, on February 10, 2009, the Board of County Commissioners directed that the provisions related to the upfront payment of road impact fees to obtain or extend a Certificate of Adequate Public Facilities be amended to allow for payments over a five -year period and therefore such language has been included in this Ordinance consistent with that direction; and WHEREAS, this Ordinance also updates the general definitions provided for in Section 74 -108 of Chapter 74 of the Collier County Code of Laws and Ordinances for consistency with the updated Study and rate schedule and removes obsolete provisions related to the reimbursement of impact fees, an obsolete reference to the Director of the Financial Administration and Housing Department and an obsolete reference to the Educational Impact Fee Trust Fund; and WHEREAS, the Consultant has reviewed and updated the fee calculation methodologies that will be imposed in an equitable and non - discriminatory manner; and WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act, requires the most recent and localized data be used in impact fee calculations and this study . complies with that requirement; and E:\ccPC1a n28P KT(122209).doe P26e 2 of 13' Undcrlitt text ix added: Sk40k4heviih text is deleted 21 1 Text underlined is new text to be added. Text 6tF k8thFOUgh is G-IFFRAl text in he deleted Bold text indicates a defined term WHEREAS, the study methodology has been reviewed and approved by Collier County's outside legal counsel, Nabors, Giblin and Nickerson, P.A.; and WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the recommended changes to the Road Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I, General, Section 74-106, Adoption of impact fee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -106. Adoption of impact fee studies. ex+ (1) Transportation facilities: "Collier County Transportation Impact Fee Update Study;' prepared by Tindale- Oliver and Associates, Incorporated (Apfil 2006 February 19, 2009) SECTION TWO. Article 1, General, Section 74 -108, General definitions, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-108. General definitions. When used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Terms contained in article III or the rate schedules supercede these general definitions to the extent of any conflict(s). Access improvements shall mean improvements designed and constructed to provide safe and adequate ingress and /or egress to and /or from the respective development, which include, but are not limited to, rights -of -way, easements, paving of adjacent or connecting roadways, turn lanes, deceleration and/or acceleration lanes, traffic control devices,, signage and markings, drainage facilities, and utility facilities. An access improvement is a site related improvement. Adult eengftgafe 1A4Ptgfaeih0, (AGLR shall mean Fesidengal fasilifies that esaqFst a e Paii .3 of 13 E: \CCPCian28PKT(122209). d oc Ulderlmn d text is added; 9"A44muo text ix deleted 22 1 » »+ Text underlined is new text to be added Bold text indicates a defined term + »» Au[on exteri Facilit » »» » »» » »» fi»fi » »» + »» Bur shall mean a space where a vehicle can be serviced. Boat berth shall mean a wet or dry space to dock or store vessels Condominium shall mean an shtfing ownership unit that has at least one other sifailar owned unit within the same building structure. Re- inwludae Dance studio /gym shall mean ro" vat" owned facilities that offer dance, gymnastics, ballet or similar activity classes Elementary scboo[ (Private) shall mean a school typically serving students attending kindergarten through the fifth or sixth grade. Elementary schools are usually centrally located in residential communities in order to facilitate student access, and they have no student drivers. This land use consists of publie pliMAL scho ols where bus service is usually provided to students living beyond a specified distance from the school, Fuelin sition shall mean the number of vehicles that can be fueled sirm an us at a service station storage areas E: \CCPCjan28PKT(122209).doc Un erl' i"i is added; SnueMFr»ugp mxt is delmd W Text underlined is new text to be added. Bold text indicates a defined term * ** testing and assembly of data orocessine equipment. Medical office shall mean : -6 Mina_ — d ea! an , ..t etliniec ineide: tat to e »e.". :epee.. Medico' efflee uses wde- Median! fleet..... dentists, P private physicians or dentists. Impact fee rate shall mean the formula or calculation that when applied to the respective development determines the applicable impact fee that results because of the impacts deemed by this chapter to be applicable to the respective public facility caused by particular development. (mpacl fees are assessed using the rates in effect when the building permit application is submitted * ** * *r Living area shall mean actual square footage of the housing unit. �^,.,., h' r� . Excluded from the calculation of * ** * ** Page 5 of 13 Underlined text is added: Sxaak+hraugh text is deleted 24 E: \CCPCjan28P KT(122209).doc 1 2 # ## # #rt Text underlined is new text to be added Text Atlikethlrough Bold text indicates a defined term Mobile home shall mean a detached dwelling unit with all of the following characteristics: (a) designed for occupancy and containing sleeping accommodations, a flush loilet, a tub or shower and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; (b) designed for transportation after fabrication on streets or highways on its own wheels; and (c) arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like. Although a travel trailer, recreational vehicle, or park model is not generally considered a mobile home, the applicable impact fee in some instances may be the same as for a mobile home. For the purposes of computing the impact fee, a mobile home on a single- family lot (i.e., not located in a mobile home or similar park) shall be considered a single - family detached house for the Purposes of assessing Road Impact Fees:. Multiple family dwelling units . shall mean ..r fellewiag e4 For the purpose of calculating water and/or sewer impact fee, the following shall be considered to be multiple family dwelling units: guesthouse, servants' quarters, in -law apartment, townhouse and adult congregate living facility. Restaurant (law- 41freever qualit shall mean a land use consisting of eating establishments of high quality and with tumover rates usually of at least one hour or longer. Generally, quality restaurants do not serve breakfast; some do not serve lunch; all serve dinner. Often the restaurants in this land use are not a chain and reservations are required. Page 6 of 13 Underlined text is addM; ghuskipreagl, text is deleted E: \ccpgan28PKT(122209)Aoc ` -i 1 2 s�+ rwa +•s Text underlined is new text to be added. Text StF kethrough is current text to be deleted. Bold text indicates a defined term Specialty retail shall mean small strip shopping centers that contain a variety of retail shops and specialize in quality apparel; hard goods; and services such as real estate offices, donee - stedies, florists and small restaurants. Square footage shall mean the gross area measured in feet from the exterior faces or exterior walls or other exterior boundaries of the building includine mezzanines, including architectural setbacks or eroiections. For the calculation of road impact fees, square .footage excludes areas within the interior of the building which are utilized for parking. Timeshare shall be considered under the definition of All- suites hotel for the purpose of this chapter and the assessment of impact fees University/junior college (private) shall mean inetitafiens private two -year iunior, community a Vehicle miles of travel (VMT) shall mean the average new travel added to the road system by the development, computed by multiplying the new net trips generated by development by the average trip length. SECTION THREE: Article 11, Impact Fees, Section 74 -201, Imposition of impact fees, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -201. Imposition of impact fees (g) Immokalee Enterprise Zone Deferral Area. s :« E: \CCPCjan28P KT(122209).doc Page 7 of 13 Vnder-rit—W rat is added', 98 r* *vxngh tat is delesd 26 2 Text underlined is new text to be added Text Atnkethmugh ;- GUFFRrittmEt to be deleted-. Bold text indicates a defined term (3) As used in this subsection, (g) of section 74 -201, "qualifying development," means an owner - occupied dwelling unit and its associated lot or land. "Sale" includes each and every voluntary and/or involuntary sale of any part of the fee title to any part of the real property that is subject to the respective deferred impact fees (as described in the agreement). "Transfer" includes each and every transfer, voluntary or involuntary (including transfer by court order or order of any administrative agency or administrative . body, and including whether the transferee is a government or agency of a government, excepting only the following: Transfer of fee title of the property from one original tenant by the entireties to the other original tenant by the entireties; transfer of any part of the fee title between (or among) the original joint tenants, or between or among the original tenants in common. "Refinancing" includes any extension of the payment term or any increase in the amount financed, of any original mortgage(s) or other financing document that has as security for the payment obligation any fee title to the real property that is subject to the deferred impact fees. "Original" refers to the parties to the relevant document on the effective date of the applicable impact fee deferral agreement. Notwithstanding anything in this subsection (g) of section 74 -201, the diaer 'le ;Beg diii-i iee— county manager may waive the triggering of the obligation to pay deferred impact fees due to a sale, a transfer or refinancing if, in the judgment of the difestee county manage., the respective sale, transferor refinancing is of such a nature as not to justify that the deferred impact fees should become due and payable because of the sale, transfer, or refinancing. KKK SECTION FOUR Article II, Impact Fees, Section 74 -202, Payment, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -202. Payment. * ** (h) In the event abuilding permit issued for a development: (i) expires prior to commencement of any part of the development for which the building permit was issued, (ii) is officially cancelled, (iii) is revised after payment of impact fees and the permit's revision results in a reduction in the impact fees applicable for the development, or (iv) results in the impact fees being overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior Payment within the same Bj'ect property, the then current owner /applicant may, within four years of payment te ills in ilding-pataxiR, apply for a reimbursement of a portion of or the entire impact fee, depending on the basis for the request for reimbursement. AO such requests for reimbursement shall be calculated by applying the impact fee rate schedule that was in effect on the date of the respective building permit application. Failure to make timely application for a reimbursement of the impact fee shall waive any right to a reimbursement. **fF Page 8 of 13 Vildcrifned text is added; 8 e 0 - i%uO text is deleted 27 E: \ccPClan28PKT(122209).doc 1 2 Text underlined is new text to be added. Teal st ikethinough 6 G eat laid to Ina d.Jelud Bold text indicates a defined term SECTION FIVE. Article 11, Impact Fees, Section 74.203, Use offunds, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -203. Use of funds. (a) The board hereby establishes or reaffirms the establishment of separate impact fee trust funds for each of the public facilities, designated m follows: (1) Road: "Road Impact Fee Trust Fund "; (2) Water and sewer: "Water Impact Fee and/or Sewer Impact Fee Trust Funds' ". The county hereby establishes or reaffirms the establishment of two separate trust funds, one entitled "Water Impact Fee Trust Fund" for water and a second entitled "Sewer Impact Fee Trust Fund" for sewer; (3) Parks and recreational: The county hereby establishes or reaffirms the establishment of two separate trust funds, one entitled "Regional Park Impact Fee Trust Fund" (into which the portion of the impact fee allocated to parks and recreational services paid by development located in municipalities within the county will be deposited), and a second entitled "Unincorporated Park Impact Fee Trust Fund" (into which the portion of the impact fee allocated to parks and recreational services paid by development located in the unincorporated areas of the county will be deposited); (4) Library: "Library Impact Fee Trust Fund' ; (5) Emergency medical: "Emergency Medical Services Impact Fee Trust Fund "; (6) Allueatiepfak (.76) Correctional: "Correctional Impact Fee Trust Fund "; (9 2) Fire: "Fire Impact Fee Trust Fund." (9-8) General government : "General Government Impact Fee Trust Fund." (1&9) Law Enforcement : "Law Enforcement Impact Fee Trust Fund." *** SECTION SIX. Article II1, Special Requirements for Specific Types of Impact Fees, Section 74 -302, Special requirements for road impact fees, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -302. Special requirements for road impact fee. (h) Payment of road impact fees to obtain a certificate of adeeuatepublic facilities E: \ccPCia n28PKT(122209).doc Poge 9 of 13 11ndalimid text is added; &welr-tprnugk text is deleted 28 Text underlined is new text to be added Text etF kethrough 1R A- went tg;d to he deleted-. Bold text indicates a defined term Page 10 of 13 Llfidxrlin ed text is added; 4xeugp 4xik dele4.N 29 E: \ccpgan28PKT(122209).doc 1 2 Text underlined is new text to be added. Bold text indicates a defined tens the original three -year certificate will be apvlied eoually to the new or remainink units or square footage and will run with the subject land. control, SECTION SEVEN. CONFLICT AND SEVERABH.ITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION EIGHT. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered and internal cross - references amended throughout to accomplish such, and the word "ordinance' may be changed to "section," "article;' or any other appropriate word. SECTION NINE. EFFECTIVE DATE. This Ordinance shall be effective June 8, 2009, subject to filing with the Florida Department of State. PASSED AND DULY ADOPTE(D� by the Board of County Commissioners of Collier County, Florida this] day of YL f1, 2009. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. *ck, Clerk'' „ OF COLLIE COUNTY, FLORIDA By: ULL By: Mat M 9= AJAWy *Clerk DONNA FIALA, Chairman Neiitrrti rrn. E: \ccPC1an28PKT(l 22209).doc Thfs ordinance filed with the o State' Offi�the — orN1 id', of B Page I I of I? n erli text is added; SkuekaweugA test Is deleted 30 Text underlined is new text to be added Bold text indicates a defined term APPENDIX A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE Effective danaaty 1, 2008 June 8, 2009 Residential Rate Single Family Detached House Less " ' . R. $3;4P- 194w,e1h% -unit Less than 1,900 Sq. R. (Annual Rokmehold keeme 6 909; of Celli Less than 1,500 sq. ft. 1,500 to 2,499 sq. ft. 2,500 Sq. Ft. or larger multi - Fernely-(1-- 2$teries) Multi- Family_IAvartments) 1 -10 Stories Multi - Family (Apartments) Above 10 Stories Assisted Living Facility (ALF) Condominium/Townhouse (1 -2 Stories) Mobile Home Retirement Community High -Rise Condominium Q+ Stories) Lodging Hotel Motel Resort Hetel All Suites Hotel RV Park Recreation Golf Course Movie Theaters Marina Dance Studios /Gymnastics Institutional Hospital Nursing Home Church .Private Elementary School Private Middle School P 'vats High School Private University /Jr. College < 7,501 students Page 12 of 13 ;247.62 12,k5-2.00/dwelling unit 323:63 10 372.00/dwelling unit ,8j935 $11.559.00 /dwelling unit $7,464.00 /dwelling unit $4,934.64 $4 794 00 /dwelhng unit P1,032241 $1347.00 /dwelling unit $7,868-5 I7 725-.00/dwelling unit $5,361.90 $4314. 00 /dwelling unit $2,913.06 $3,754.00 /dwelling unit $5-088:90 $5 526 00 /dwelling unit .$7j.6ro3 -1 i $6,578.0 0 per room $4,964.93 14,222. 00 per room $6,8143 per Feem $3,891.00 per room $4;280.10 $2.299 00 per site V;043,992.40$749.894.0 0/ 18 holes 554,97°9^ $46.217.00 / per screen $4,64326 $3,517.0 0/ boat berth $11339.00/1.000 sp ft $18,414.E-1- $18,034.00/ 1,000 sq, ft. $1,486-3 11,261,0 0 per bed $18;10433 $8 6. 19.00/ 1,000 sq. ft. $1,11 -133 $10- 05.00 per student $- 1,349.84 $1,439.OD per student $1,74037 $ 526.00 per student $2,926.03 $2,374,00 perstudent Underlie Undg,liee text is Aded; $l-' ' -'emsh te<t is deleted 31 E: \CCPClan28PKT(122209). doc Text underlined is new text to be added. Bold text indicates a defined term Private University /Jr. College> 7,500 students S24 $1,766.0 per student Day Care e1� 32.15 $144,_5.00 per student Office C � 17,1 ; 7.81 $20.041.00 1,000 sq, ft. Office 50,000 sq ft or less $29,004.97 $16.763.00/ 1000 sq. ft. Office 50,001- 100,000 sq. ft. of !as $1:23 $14,257.0 0/ 1000 sq. ft. Office 100,001- 200,000 sq.. ft er -lass ${ 4;413:36 $12.115.00/ 1000 sq, ft. Office 200,001- 400,000 sq. ft.es less $12,206.07 $10,296.0 0! 1000 sq. ft. Office Greater than 400,000 sq. ft $11;$5433 X9,,148.00/ 1000 sq. ft. Medical Office $47,585.63 $40517.00/ 1000 sq. ft. Retail Specialty Retail $28,517.14 $26,877.0 0/ 1,000 sq, ft. Retail 50,000 sq. ft. or less $18,097.04 $19,823. 00/ 1,000 sq. ft. Retail 50,001 -100,000 sq. ft. C � 17,1 ; 7.81 $20.041.00 1,000 sq, ft. Retail 100,001-150,000 sq. ft. $16,486.17 $18,661.0 0/ 1,000 sq, ft, Retail 150,001- 200,000 sq. ft. $16,385:00 $17.883.00/ 1,000 sq, ft. Retail 200,001- 400,000 sq. ft. $15,!95.65 $16.893.00/ 1,000 sq. ft. Retail 400,001-600,000 sq. ft. $16,487 -46 $16,847. 00 /1,000sq, ft. Retail 600,001- 1,000,000 sq. ft. ${$;608.0'1 $18.255.00/ 1,000 sq. ft. Retail greater than 1,000,000 sq, ft. QOt�°.13 $19.187.00/ 1,000 sq. ft. Furniture Store $3.545.00/ 1:000 so. ft Pharmacy /Dntg Store w /Drive -Thru $17,260.48 $1115-&011,000 sq. ft. Home Improvement Superstore P17,;4, -,1,13 $9,901.0 /1,000sq.ft. Restaurant: High Tumover $72,288.30 $2.440.00! 41000-sq-4, seat Restaurant: hew Tufnever (Ouality $58,1$8.61 $1,553.0 44100- sq.-tt —seat Restaurant: Drive -in $1713 3.7 $132444.00/ 1,000 sq. ft. Gasoline/Service Station $9;79 }4}5 $8,221.0 per fuel position Supetmarket. "x,1,7 ;3.Qo° $26.570.00/ 1,000 sq. ft. Quick Lube $;;,491...34 $14.522.00 per bay Convenience Store 24 hours $116,636.97 $97 636.00/ 1,000 sq. 11 Convenience Store w /Gas Pumps $48x34.75 $37,652.00 per fuel position Services Tire Store New]Used Auto Sales Luxury Auto Sales Bank/Savings: Walk -in Bank/Savings: Drive -in Self - Service Car Wash Automated Car Wash Industrial and Agricultural General Liglit Industrial Business Park (Flex-space) Mini - Warehouse Page 11 of D P139 $10.930.00 per bay $33;63330 $27,131.0 011,000 sq. l m17,920AS $14,996.00/ 1,000 sq. ft $55,381.90 n 39 429.00/ 1,000 sq. ft. Pte- 08;°3 $40,158.00 / 1,000 sq. ft. $43,97608 $36,367.0 per bay $39,066.00/ 1,000 sq. R $9,176 28 S7,7310 00/ 1,000 sq, ft. $16;83581 $14,921. 00/ 1,000 sq, ft. $1;770:4 -1 $L436.0 1,000 sq. ft. Underlin text is added: 9.1a& thl-ash text is deleted 32 E: \CCPCian28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a. true and correct copy of: ORDINANCE 2009 -09 which was adopted by the Board of County Commissioners on the 10th day.of March, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of i County Commissioners of Collier County, Florida, this 12th day of March, 2009. 1 2 DWIGHT B. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners' - BY: Ann Jen jo•, Deputy Clerk -• 33 E: \CCPCjan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 5 ORIGIN: Vanderbilt Beach Resident's Association 6 7 AUTHOR: Patrick G. White, Esq., Porter, Wright 8 9 DEPARTMENT: N/A 10 11 AMENDMENT CYCLE: 2009 Cycle 1 12 13 LDC PAGE: LDC2:69 through LDC2:73 14 15 LDC SECTION(S): 2.03.07. Overlay Zoning Districts 16 17 CHANGE: To modify land development regulations to clarify existing provisions to 18 achieve intent of the Vanderbilt Beach Residential Tourist Overlay. 19 20 REASON: To address impacts from recent, unanticipated development within the 21 overlay district and adjacent waters. 22 23 FISCAL & OPERATIONAL IMPACTS: none 24 25 RELATED CODES OR REGULATIONS: none 26 27 GROWTH MANAGEMENT PLAN IMPACT: none 28 29 OTHER NOTES/VERSION DATE: (100709 -1627) 30 31 32 Amend the LDC as follows: 33 34 Sec. 2.03.07. Overlay Zoning Districts 35 36 L. Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO). 37 38 1. Purpose and intent. The purpose and intent of this district is to encourage 39 development and redevelopment of the Vanderbilt Beach area to be sensitive to 40 the scale, compatibility,, and sense of place that exists in the Vanderbilt Beach 41 area. This district is intended to: establish development standards and 42 procedures, which will protect view corridors, light, and air movements between 43 the Gulf of Mexico and the Vanderbilt Lagoon, and prevent the creation of a 44 canyon -like effect on each side of the narrow Gulfshore Drive right -of way, and 45 assure reasonable use and access to Vanderbilt Lagoon. 46 47 2. Applicability. These regulations and procedures shall apply to all development or 48 redevelopment within the Vanderbilt Beach Residential Tourist Overlay District as 34 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 identified on VBRTO Map VBRTO -1 and further identified by the designation 2 " VBRTO" on the applicable official Collier County zoning atlas maps. Except as 3 provided in this section of the code, all other uses, dimensional, and 4 development requirements shall be as required or allowed in the applicable 5 underlying zoning district. 6 7 3. Geographic boundaries: The boundaries of the Vanderbilt Beach Residential 8 Tourist Overlay District are delineated on Map VBRTO -1 below. 9 10 11 12 13 14 15 16 17 18 19 20 VBRTO -1 4. Figures. The figures (1 -4) used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for future development and redevelopment in the overlay district. 35 E:\ccpgan28PKT(122209).doc Text underlined is new text to be added. Text 6tNk0thF9ugh is GAMARt text to be deleted. Bold text indicates a defined term 1 2 5. Development criteria. The following standards and procedures shall apply to the 3 development or redevelopment of all uses in this overlay district. 4 5 a. Permitted uses. 6 7 i. Hotels and motels. 8 9 ii. Multiple - family dwellings. 10 11 iii. Family care facilities, subject to section 5.05.04. 12 13 iv. Timeshare facilities. 14 15 b. Uses accessory to permitted uses. 16 17 i. Uses and structures that are accessory and incidental to the uses 18 permitted as of right in the Vanderbilt Beach Residential Tourist 19 Overlay District (VBRTO). 20 21 ii. Shops, personal service establishments, eating or drinking 22 establishments, dancing and staged entertainment facilities, and 23 meeting rooms and auditoriums where such uses are an integral 24 part of a hotel or a motel and to be used by the patrons of the 25 hotel /motel. 26 27 iii. Private docks and boathouses, except as specified in c.. below, 28 and subject to sections 5.03.06 and 5.05.02, so long as notice is 29 provided for as required in d., below, for all multi -slip docking 30 facilities , with or without a boathouse. 31 32 33 iv. Recreational facilities that serve as an integral part of the 34 permitted use designated on a site development plan or 35 preliminary subdivision plat that has been previously reviewed and 36 approved which may include, but are not limited to: golf course 37 clubhouse, community center building and tennis facilities, parks, 38 playgrounds and playfields. 39 40 C. Conditional uses. The following uses are permitted as conditional uses in 41 the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), 42 subject to the standards and procedures established in section 10.08.00: 43 44 i. Churches and other places of worship. 45 46 ii. Marinas, subject to section 5.05.02. 47 48 49 iii. Noncommercial boat launching facilities and multi -slip docking 50 facilities for greater than 10 slips, subject to the applicable review 51 criteria set forth in sections 5.03.06. and 5.05.02. 36 E: \CCPCjan28PKT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term iv. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A -5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4 -193 F.A.C.; all subject to section 5.05.04. iv. Private clubs. vi. Yacht clubs. application requests and be Prepared by the applicant who is also considered complete and available for transmittal to the applicant 6. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). a. Minimum lot area. One contiguous acre, not bisected by a public right -of- way. b. Minimum lot width. 150 feet. C. Minimum yard requirements. ramps for Parking facilities, but excluding accessory buildings used for essential services such as utilities) the Provisions of section 4.02.01. D 4. through 8.. and 10 will not be applicable: i. Front yard: one -half the zoned building height with a minimum of 30 feet. ii. Side yards: one -half the zoned building height with a minimum of 15 feet. iii. Rear yard: one -half the zoned building height with a minimum of 30 feet. d. Maximum height: 75 feet. The height of the building will be measured according to the standards in section 1.08.00 of the Code, based on building, aGtual height of and building, zoned building height-of. 37 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 e. Maximum density permitted. A maximum of 26 units per acre for hotels 2 and motels, and 16 units per acre for timeshares, multifamily, family 3 care facilities. 4 5 f. Distance between structures. The minimum horizontal distance 6 separation between any two principal or accessory buildings 7 (specifically excluding accessory buildings used for essential services 8 such as utilities) on the same parcel of land may not be less than a 9 distance of equal to 15 feet for accessory buildings, and eFOne -half of the 10 sum of their zoned heights for principal buildings, w#isheveF —is 11 gleaterexcept that for all buildings, the provisions of section 4.02.01. D. 4. 12 through 8.. and 10., will not be applicable, and otherwise for 13 accessory buildings and structures dimensional criteria, see section 14 4.02.0403, except that in the event of any conflict between these 15 provisions, the more restrictive will apply. 16 17 g. Floor area requirements. 18 19 i. Three hundred (300) square foot minimum with a five hundred 20 (500) square foot maximum for hotels and motels, except that 21 twenty percent (20 %) of the total units may exceed the maximum. 22 23 ii. Timeshare /multifamily minimum area: efficiency (450 square 24 feet), one bedroom (600 square feet), and two or more bedrooms 25 (750 square feet). 26 27 h. Maximum lot area coverage. (Reserved.) 28 29 7. Preservation of view corridors, light and air movements between the Gulf of 30 Mexico and the Vanderbilt Lagoon. 31 32 a. Figures 1 -4, while not requirements, depict desired building relationships 33 and view plane /angle of vision examples. Figures used in this section are 34 solely intended to provide a graphic example of conditions that will protect 35 view corridors, light and air movements between the Gulf of Mexico and 36 the Vanderbilt Lagoon and not as requirements for the style of specific 37 projects. Variations from these figures, which nonetheless adhere to the 38 provisions of this section, are permitted. 39 40 8. Off- street parking and off- street loading. As required in Chapter 4 of this Code. 41 42 9. Landscaping requirements. As required in Chapter 4 of this Code. 43 44 10. Signs. As required in section 5.06.00 of this Code. 45 46 11. Coastal Construction Setback Lines (CCSL). As required in Chapter 10 of this 47 Code. 48 49 12. Post - Disaster Recovery And Reconstruction Management As required in the 50 Code of Laws of Collier County. 51 38 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 13. Vested Rights All projects applications within the Overlay District for which 2 GGFRpleted appliGations fGF rezoning, conditional use, variance, subdivision, site 3 improvement or development plan, or plat approval weFe filed with OF appFeved 4 5 these VSRT -Q orevosten6 d r a ameRdFnents to i t 6 7 8 nr rl r,r 9 subject to the Vanderbilt Rgac;h, RP-OdRnfial TOI-Iric-4 —7E)RiRg Overlay regulations. 10 All SUGh poeloGafiens submitted theFea#ef are subject to the VBRTO provisions in 11 effect at the time the application was deemed to be complete For purposes of 12 this provision, the term 'completed application" shall mean any application which 13 that has been deemed sufficient and has been 14 assigned an application fequest number by the county manager, or his designee. 15 RCE E: \ccpgan28P KT(122209).doc 1 2 Text underlined is new text to be added. TeYA stFikethFough is GUFrent text to be deleted. Bold text indicates a defined term LOT AREA CO`JERAGE OPEN SPACE RELATIONSHIPS LDC Section 2.03.07 (L)(7)(a) is n -.: FIGURE - 1 40 E: \ccpga n28P KT(122209).doc 1 2 3 Text underlined is new text to be added. Text strikethFOugh is GurFent text to be deleted. Bold text indicates a defined term LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS LDC Section 2.03.07 (L)(7)(a) AL E:\ccpqan28PKT(122209).doc WIMMUM UNME-SIRABLE FIGURE - 2 41 Text underlined is new text to be added. Text StFkethre h' t+ t♦ be deleted. Bold text indicates a defined term FIGURE - 3 42 E:1ccpgan28P KT(122209).doe (0 Text underlined is new text to be added. Te)d stFiketheeu gh 66 Rt text to he deleted Bold text indicates a defined term 43 E: \ccpga n28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term E:\CCPCjan28PKT(122209).doc u, v N -+ m WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LOCI, which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the third amendment to the LDC, Ordinance 91 -102, for the calendar year 2003;. and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and WHEREAS, the Board of county Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 10, 2003 and January 7, 2004, and did take action concerning this amendment to the LDC; and WHEREAS, tire subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier Coumy Growth Menagemsm Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met Pago I of i I Words aas k+ reogb ere detned, words ,a deflimd .add ORDINANCE NO. 04. 0L_ ' AN ORDINANCE AMENDING ORDINANCE �^ NUMBER 91 -102, AS AMENDED, THE COLLIER o- 'a COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY 0212244 PROVIDING FOR: SECTION ONE, RECITALS; 'IV SECTION TWO, FINDINGS OF FACT; SECTION °' u THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, `,1xv_-�ryl aY1h`f1K.`wd' F1U � IN WING: SPF- CIFICALLV AMENDING TI(F, FOLLOWING: SPECIFICALLY oc' AR27CLE 2, DIVISION 2.2, ZONING DISTRICI'S, s v' �ee<9sv PERMITTED USES, CONDITIONAL. USES, y` DIMENSIONAL. STANDARDS, ADDING THE VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. E:\CCPCjan28PKT(122209).doc u, v N -+ m WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91 -102, the Collier County Land Development Code (hereinafter LOCI, which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the third amendment to the LDC, Ordinance 91 -102, for the calendar year 2003;. and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and WHEREAS, the Board of county Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 10, 2003 and January 7, 2004, and did take action concerning this amendment to the LDC; and WHEREAS, tire subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier Coumy Growth Menagemsm Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met Pago I of i I Words aas k+ reogb ere detned, words ,a deflimd .add Text underlined is new text to be added. Bold text indicates a defined tens NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals Sm true and correct and incorporated by reference herein as if fully sal forth. SECTION TWO; FINDINGS OF FACT The Board ofcounty Commissioners of Collier County, Florida, hereby makes the following failings of ficC I. Collier County, pursuant to Sm. 103,316 1, St. M.. Fla Smt., the Florida Local Government Comprehensive Planning aril Land Development Regulations. Act (hercinuftcr the "Act "), is required to prepare mid adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163 -3 202(1). Fa. Slat,, mandates that Collier County adopt Ind development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Slat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regnlaions for the total unincorporated area shall be based on; be related to, and be a means of implementation for, lire adopted Cmnprehensive Plan as required by the Act. 4. Sec. 163.3194(1 Hb), Fla. Slat., requires that all land development regulations enacted or amended by Collier Comity be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Slat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan' or "GMP ") as its Comprehensive Plan pursuant to the requirements of Sac. 1634.3.1(A at sue. Fla. Star, and Rule 91 -5, F.A.C. 7. Sec. 1633194(1)(a), Fla. Slat., mandates that after a Comprehensive Plan, or eletnem or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Slat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan mid if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(bL Fla. StaL, requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and Posher the Page 2 a It Wordswuekanaxgh are deiead, wards uandadia4d arc added 45 E: \CCPCjan28P KT(122209).doc 1 Text underlined is new text to be added. Text sliFikethietigh Is G1 FFPAt laid to be deleted. Bold text indicates a defined term objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if 11 meets all other criteria ummerated by the local government. 10, On October 30, 1991, Collier County adopted the Collier County Land Developnumt Code, which hecanle effective on N vcunb;r 13,1991 and may be amended twice annually. 11, Collier County finds that the Land Development Code is intended and necessary to jw scree and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County slid it is mWided that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and gcacral welfare of colliar County; pravont the overorowdingof land slid avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, lull 14e. and protect natural resources within the jurisdiction of Collier County: and protect human, environnlemtal, social, and economic resources; atd maintain through orderly growth and development, the character and stabilily of present and future land uses and development in Collier County. 12. It is the intent of the hoard of County Commissioners of Collier County to implement The land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stet., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTIONTHREE: ADOPTION OF AMENDMENTS TO THE LAND SUBSECTION 3.A. AMENDMENTS 2.2. PERMITTED USES, DISTRICTS, CONDITIONAL USES, DIMENSIONAL STANDARDS, Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of ordinance 91 -102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: E: \CCPCjan28PKT(122209).doc a.. 2.S.3B. 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Bold text indicates a defined term A; M R AII'A N ,t7j t A LDC Section 2.2.38.7.1 1 � j uNI)i SIRA111.1 FIGURE- I Page ?ofll Words ekoek4wough are deleted, words MO&Tlip4 are added 50 E:\ccpqan28PKT(1 22209).doc 1 Text underlined is new text to be added. Text strikethrough 06 GurreRt te)a to be deleted. Bold text indicates a defined term A A I N +4';1 Ili Win, section 2.2.38.7.1 UNDFSIRAL30'. FIGURE - 2 Page 8 of I I W,,,ds yw gk4bp9u& are deleted, words Underlill9d are added 51 E:\ccpqan28PKT(1 22209).doc 1 Text underlined is new text to be added. Bold text indicates a defined term C i 91 k\ 9 r i I E: \CCPCjan28PKT(122209).doc LD Section 2.2.38.7.1 t \•.,'W I'a ANI t V,F, DESIRABLE V:P, = VIEW PLANE OR ANGLL OF VISION .... FIGURE-3 I Page 9 of I ] Words saask -t uougIn are deleted, Words underlined are added 52 [A*] 0 1 ill :1' I'i A' LDC Section 2.2.38.7.1 1 I l ;i;l Ijl � ►"t`a'i; � ; �.il.�_t,.� 1 Text underlined is new text to be added. Text sty kethrough is ent text to he deleted Bold text indicates a defined term V' I � 1 I-Ei f I I I�.j .1 I V.p. = VIEW PLANE OR ANGI F OF VISION FIGURE - 4 .. .. Page 10 of I 1 1Vords s,,ek� are deleted, words underlined are added 53 E: \CCPCjan28P KT(122209).doc 1 Text underlined is new text to be added. Bold text indicates a defined term SECTION FOUR: CONFLICT AND SEVERABILITY In the event his Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall aPPly. If any phrase or Portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a sepmate, distinct and independent provision and holding shall not affect the validity of the remaining Pottion. .SECTIONFIVE: INCLUSION IN THE COLLIER COUNTY LAND The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" maybe changed to ^section", "arliek ", or any other aPPMPMIZ word. SECTION SIX: EFFECTIVE DATES This Ordinance sball become cffsed" upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier da of , n ,a ., 2004. Celbty, Florida, this,_ Y ATTEST: DWIGHT E. BROCK, CLERK COMMISSIONERS Assistant County Attorney BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA M,1 By: I ,� J TOM HENNING, CHAIRMAN This ordmonce flfaa with tha Secretory of Stote i Office tha - L'edov of O d ack.1 -dn -t o� del filing received th ^Ns4 �.. of *) bL nr, 11 of II Words atwets�a�k arc darned, wnMs 10dGtlinSd are added 54 E: \CCPCjan28P KT(122209).doc 1 2 Text underlined is new text to be added. Bold text indicates a defined term STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCR, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004 -01 Which was adopted by the Board of County Commissioners on the 7th day of January,. 2004, during special Session. WITNESS my hand and the official seal of the Board of County Commissioners of collier County, Florida, this 7th day of January, 2004. E: \ccpgan28PKT(122209).doc 61.1 DWIGHT E..n3.;A.Cerk Clerk of C d dt Ex-of ficio�lp ai:ofY County Comr3 xV ((yn, /JW% '1 ,:p:• t+ a yp 4 By: Linda. A.it ase3, Deputy,,clerk Text underlined is new text to be added Text StF I(ethireugh *6 G-'FFPAt text to be deleted. Bold text indicates a defined term This page intentionally left blank. LDC Amendment Request 56 E: \ccP gan28P KT(122209).doc Text underlined is new text to be added. Text GtOkethrough a GYFFent text to be deleted-. Bold text indicates a defined term 1 2 ORIGIN: Private Petition (PL2009 -338) 3 4 AUTHOR: Anthony P. Pires, Jr., Woodward, Pires & Lombardo, P.A. on behalf of Homer 5 Helter 6 7 DEPARTMENT: N/A 8 9 AMENDMENT CYCLE: 2009 Cycle 1 10 11 LDC PAGE: UNKNOWN AS NOT YET CODIFIED IN THE MUNICIPAL CODE 12 CORPORATION VERSION OF THE LDC; SEE PAGES 74 -76 OF ORDINANCE NO. 08 -11. 13 14 LDC SECTION(S): Subsection 2.03.04.A.1.a. 15 16 CHANGE: ADD /CREATE LDC 2.03.04.A. 1.a.54 as outlined below. 17 18 REASON: Allow and authorize longstanding and existing uses and businesses 19 [approximately 10 years] at 5510 Shirley Street, Naples, Florida, zoned "I" Industrial Zoning 20 District,; and, resolve all pending matters and issues as to uses and business operations 21 [including but not limited to the existing antique retail/wholesale business use] at 5510 Shirley 22 Street, Naples, Florida, in the "I" Industrial Zoning District. 23 After reviewing the various permitted uses listed in LDC Section 2.03.04.A. I a, it 24 is readily apparent that the use(s) currently engaged in by Mr. Helter, and for which this 25 amendment is requested, has/have "retail" characteristics similar to a substantial number of 26 existing permitted uses, i.e. businesses that would not have primarily "storage, warehousing, 27 wholesaling or distribution" characteristics. By virtue of their existence in the current LDC, the 28 Board of County Commissioners has thus made the determination that the following uses, with 29 "retail" characteristics similar to that of Mr. Helter's business, or uses that do not have primarily 30 "storage, warehousing, wholesaling or distribution" characteristics, are consistent with Collier 31 County's Growth Management Plan. 32 33 By way of example I note the following uses [with noted SIC Code and LDC 34 section]: 35 1. Barber Shops, 7241, [LDC 2.03.04.A. 1.a.5]. 36 2. Building Construction, 1521 -1542, [LDC 2.03.04.A.1.a.7]. 37 3. Business services, 7318, 7319, which includes 38 photocopying, equipment rental and leasing, employment agencies 39 7361, employee leasing 7363, computer rental and leasing 7377, 40 computer maintenance 7378, detective and guard services 7381, 41 process service 7389, [LDC 2.03.04.A.1.a.8]. 42 4. Insurance agents, including title insurance 6361 and 6411, 43 [LDC 2.03.04.A.1.a.251. 44 5. Membership organizations, 8611, 8631, [LDC 45 2.03.04.A.1.a.31]. 46 47 FISCAL & OPERATIONAL IMPACTS: NONE 57 E: \ccpgan28PKT(122209).doc 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 RELATED CODES OR REGULATIONS: Text underlined is new text to be added Bold text indicates a defined term None aware of at this time. GROWTH MANAGEMENT PLAN IMPACT: The applicant believes the proposed language and uses are consistent with: A.) other current existing uses in the "I" Industrial Zoning District found to be consistent with Collier County's Growth Management Plan, and B.) the Growth Management Plan. [see letter of May 27, 2009] OTHER NOTES/VERSION DATE: Created May 27, 2009 Amend the LDC as follows: add the following as LDC 2.03.04.A.1.a.54: used merchandise, memorabilia medallions. 58 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 LDC Amendment Request 3 4 5 6 ORIGIN: Private Petition (PL2009 -491) 7 8 AUTHOR: Richard D. Yovanovich 9 10 DEPARTMENT: N/A 11 12 AMENDMENT CYCLE: 2009 Cycle 1 13 14 LDC PAGE: 2:59 15 16 LDC SECTION(S): 2.03.03 E.I.a 17 18 CHANGE: 19 20 REASON: The C -5 Zoning district is a heavy commercial zoning district. Many of the uses 21 such as automotive repair services create noise and is similar to light manufacturing. In addition, 22 contractor offices and warehouses are permitted uses and are very intense uses. There have been 23 significant technological advances in the manufacturing of surgical and medical instruments and 24 apparatus. The manufacturing of surgical and medical instruments and apparatus occurs in a 25 quiet and clean environment. Adding SIC Code Section 3841 as a permitted use is consistent 26 with the uses already allowed in the C -5 zoning district. 27 28 FISCAL & OPERATIONAL IMPACTS: None 29 30 RELATED CODES OR REGULATIONS: None 31 32 GROWTH MANAGEMENT PLAN IMPACT: None 33 34 OTHER NOTESNERSION DATE: 35 36 37 Amend the LDC as follows: 38 39 40 2.03.03 Commercial Zoning Districts 41 + + + + + + + + + + 42 E. Heavy Commercial District (C -5). In addition to the uses provided in the C -4 zoning 43 district, the heavy commercial district (C -5) allows a range of more intensive commercial 44 uses and services which are generally those uses that tend to utilize outdoor space in 45 the conduct of the business. The C -5 district permits heavy commercial services such as 46 full- service automotive repair, and establishments primarily engaged in construction and 47 specialized trade activities such as contractor offices, plumbing, heating and air 48 conditioning services, and similar uses that typically have a need to store construction 59 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added Text strikethicough 66 -1 -FFPnt text to be deleted. Bold text indicates a defined term 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. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Agricultural services (0783). 6. Ancillary plants. 7. Amusement and recreation services, indoor (7999). 8. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 9. Animal specialty services, except veterinary (0752, excluding outside kenneling). 10. Apparel and accessory stores (5611- 5699). 11. Architectural services (8712). 12. Armature rewinding shops (7694). 13. Auctioneering /auction houses (groups 7389, 5999). 14. Auditing (8721). 15. Auto and home supply stores (5531). 16. Automobile Parking. (7521). 17. Automotive dealers, not elsewhere classified (5599). Dill E: \ccPCia n28P KT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term 18. Automotive repair services (7532 -- 7539). 19. Automotive services (7549). 20. Banks, credit Unions and trusts (6011- 6099). 21. Barber shops (7241, except for barber schools). 22. Beauty shops (7231, except for beauty schools). 23. Boat dealers (5551). 24. Bookkeeping services (8721). 25. Bowling centers, indoor (7933). 26. Building cleaning and maintenance services (7349). 27. Building construction -- General contractors and operative builders (1521 -- 1542). 28. Business associations (8611). 29. Business consulting services (8748). 30. Business credit institutions (6153- 6159). 31. Business services (7389- contractors' disbursement, directories - telephone, recording studios, swimming pool cleaning, and textile designers only). 32 33. 34. 35. 36. 37. 38. 39. 40. Cable and other pay television services (4841) including communications towers up to specified height, subject to section 5.05.09. Carpentry and floor work contractors (1751 -- 1752). Carpet and Upholstery cleaning (7217). Carwashes (7542), provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. Churches. Civic, social and fraternal associations (8641). Coin - operated laundries and dry cleaning (7215). Coin operated amusement devices, indoor (7993). Commercial art and graphic design (7336). 61 E: \ccPCian28PKT(122209).doc Text underlined is new text to be added Text Rti i.8thFr eA IFFent is A text in he deleted. Bold text indicates a defined term 1 2 41. Commercial photography (7335). 3 4 42. Commercial printing (2752, excluding newspapers). 5 6 43. Computer programming, data processing and other services 7 (7371 -- 7379). 8 9 44. Computer and computer software stores (5734). 10 11 45. Concrete work (1771). 12 13 46. Courts (9211). 14 15 47. Credit reporting services (7323). 16 17 48. Crematories (7261). 18 19 49. Dance studios, schools and halls, indoor (7911). 20 21 50. Department stores (5311). 22 23 51. Detective, guard and armored car service (7381, except armored 24 car and dog rental). 25 26 52. Direct mail advertising services (7331). 27 28 53. Disinfecting and pest control services (7342). 29 30 54. Drycleaning plants (7216, nonindustrial drycleaning only). 31 32 55. Drug stores (5912). 33 34 56. Eating and drinking establishments (5812 and 5813) excluding 35 bottle clubs. All establishments engaged in the retail sale of 36 alcoholic beverages for on- premise consumption are subject to 37 the locational requirements of section 5.05.01. 38 39 57. Educational plants. 40 41 58. Educational services (8221 and 8222). 42 43 59. Electrical and electronic repair shops (7622 -- 7629). 44 45 60. Electrical contractors (1731). 46 47 61. Engineering services (8711). 48 49 62. Equipment rental and leasing (7359). 50 51 63. Essential services, subject to section 2.01.03. 62 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 64. Facilities support management services (8744). 65. Federal and federally- sponsored credit agencies (6111). 66. Fire protection (9224). 67. Fishing, commercial (0912 -- 0919). 68. Food stores (groups 5411 - 5499). 69. Funeral services (7261). 70. Garment pressing, and agents for laundries and drycleaners (7212). 71. Gasoline service stations (5541), with services and repairs as described in section 5.05.05. 72. General merchandise stores (5331 -- 5399). 73. Glass and glazing work (1793). 74. Glass stores (5231). 75. Golf courses, public (7992). 76. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A -5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4 -193 F.A.C.; all subject to section 5.05.04. 77. 78. 79. 80. 81. 82. 83. 84. 85. E: \ccPCia n28PKT(122209). doc Hardware stores (5251). Health services, offices and clinics (8011 -- 8049). Health and allied services, miscellaneous (8092 -- 8099). Heating and air - conditioning contractors (1711). Heavy construction equipment rental and leasing (7353). Home furniture and furnishings stores (5712 -- 5719). Home health care services (8082). Hospitals (8062 -- 8069). Hotels and motels (7011, 7021 and 7041) when located within an [7-t-3 Text underlined is new text to be added Bold text indicates a defined term 1 activity center. 2 3 86. Household appliance stores (5722). 4 5 87. Installation or erection of building equipment contractors (1796). 6 7 88. Insurance carriers, agents and brokers (6311 - -6399, 6411). 8 9 89. Labor unions (8631). 10 11 90. Landscape architects, consulting and planning (0781). 12 13 91. Laundries and drycleaning, coin operated -- self service (7215). 14 15 92. Laundries, family and commercial (7211). 16 17 93. Laundry and garment services, miscellaneous (7219). 18 19 94. Legal counsel and prosecution (9222). 20 21 95. Legal services (8111). 22 23 96. Libraries (8231). 24 25 97. Loan brokers (6163). 26 27 98. Local and suburban transit (4111). 28 29 99. Local passenger transportation (4119). 30 31 100. Lumber and other building materials dealers (5211). 32 33 101. Management services (8741, 8742). 34 35 102. Marinas (4493 & 4499 - except canal operation, cargo salvaging, 36 ship dismantling, lighterage, marine salvaging, marine wrecking, 37 and steamship leasing), subject to section 5.05.02. 38 39 103. Masonry, stonework, tile setting and plastering contractors (1741 -- 4 0 1743). 41 42 104. Medical and dental laboratories (8071 and 8072). 43 44 45 105. Medical equipment rental and leasing (7352). 46 47 106. Membership organizations, miscellaneous (8699). 48 49 107. Membership sports and recreation clubs, indoor (7997). 50 51 108. Mobile home dealers, (5271). 64 E:\ccpgan28P KT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term 109. Mortgage bankers and loan correspondents (6162). 110. Motion picture theaters (7832). 111. Motor freight transportation and warehousing (4225, mini- and self- storage warehousing only). 112. Motor vehicle dealers, new and used (5511, 5521). 113. Motorcycle dealers (5571). 114. Museums and art galleries (8412). 115. Musical instrument stores (5736). 116. Newspapers: Publishing, or publishing and printing (2711). 117. News syndicates (7383). 118. Nursing and professional care facilities (8051 -- 8059). 119. Outdoor advertising services (7312). 120. Outdoor storage yards, provided that the yard is located no closer than twenty -five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to section 4.02.12. This provision shall not be construed to allow, as permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. 121. 122, 123. 124. 125. 126. 127. 128. 129. Paint stores (5231). Painting and paper hanging (1721). Passenger car leasing (7515). Passenger car rental (7514). Passenger transportation arrangement (4729). Periodicals: Publishing or publishing and printing (2721). Personal credit institutions (6141). Personal services, miscellaneous (7299). Personnel supply services (7361 & 7363). 65 E:\ccPCian28PKT(122209). doc Text underlined is new text to be added Text Wketl;Faugh 'a 9"FFRAt tg,d Is be deleted. Bold text indicates a defined term 1 2 130. Photocopying and duplicating services (7334). 3 4 131. Photofinishing laboratories (7384). 5 6 132. Photographic studios, portrait (7221). 7 8 133. Physical fitness facilities (7991). 9 10 134. Plumbing contractors (1711). 11 12 135. Police protection (9221). 13 14 136. Political organizations (8651). 15 16 137. Professional membership organizations (8621). 17 18 138. Professional sports clubs and promoters, indoor (7941). 19 20 139. Public administration (groups 9111 - -9199, 9229, 9311, 9411 -- 21 9451, 9511- -9532, 9611 -- 9661). 22 23 140. Public or private parks and playgrounds. 24 25 141. Public order and safety (9229). 26 27 142. Public relations services (8743). 28 29 143. Radio, television and consumer electronics stores (5731). 30 31 144. Radio, television and publishers advertising representatives 32 (7313). 33 34 145. Radio and television broadcasting stations (4832 & 4833). 35 36 146. Real Estate (6512, 6531 -- 6552). 37 38 147. Record and prerecorded tape stores (5735). 39 40 148. Recreational vehicle dealers (5561). 41 42 149. Religious organizations (8661). 43 44 150. Repair shops and services, not elsewhere classified (7699). 45 46 151. Research, development and testing services (8731 -- 8734). 47 48 152. Retail - miscellaneous (5921 - -5963, 5992 -- 5999). 49 50 153. Retail nurseries, lawn and garden supply stores (5261). 51 66 E: \ccPCian28PKT(l22209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 154. Reupholstery and furniture repair (7641). 2 3 155. Roofing, siding and sheet metal work contractors (1761). 4 5 156. Secretarial and court reporting services (7338). 6 7 157. Security and commodity brokers, dealer, exchanges and services 8 (6211 -- 6289). 9 10 158. Security systems services (7382). 11 12 159. Shoe repair shops and shoeshine parlors (7251). 13 14 160. Social services, individual and family (8322 - -8399, except 15 homeless shelters and soup kitchens). 16 17 161. Special trade contractors, not elsewhere classified (1799). 18 19 162. Structural steel erection contractors (1791). 20 21 163. Surgical and Medical Instruments and Apparatus (3841). 22 23 449X 164. Surveying services (8713). 24 25 454-.165. Tax return preparation services (7291). 26 27 4465: 166. Taxicabs (4121). 28 29 4-66.167. Telegraph and other message communications (4822) 30 including communications towers up to specified height, subject 31 to section 5.05.09. 32 33 49168. Telephone communications (4812 and 4813) including 34 communications towers up to specified height, subject to 35 section 5.05.09. 36 37 4499-.169. Theatrical producers and miscellaneous theatrical services, 38 indoor (7922 - -7929, including bands, orchestras and 39 entertainers; except motion picture). 40 41 449-.170. Tour operators (4725). 42 43 4-70-.171. Travel agencies (4724). 44 45 4q4-.172. Truck rental and leasing, without drivers (7513). 46 47 4- 72-.173. United State Postal Service (4311, except major distribution 48 center). 49 50 4-73-.174. Reupholstery and furniture repair (7641). 51 67 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 4-74. 175. Utility trailer and recreational vehicle rental (7519). 4-74, 176. Veterinary services (0741 & 0742, excluding outside kenneling). 1713. 177. Videotape rental (7841). 4-77-.178. Vocational schools (8243 -- 8299). 4-7& 179. Wallpaper stores (5231). 4-79. 180. Watch, clock and jewelry repair (7631). 4,99.-181. Water well drilling (1781). 4-841:182. Welding repair (7692). 4,KQ-. 183. 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. 49-184. 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. 4,94185. Any other commercial or professional use which is comparable in nature with the (C -1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 68 E: \ccpgan28PKT(122209).doc 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 underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Private Petition (PL2009 -467) AUTHOR: Robert L. Duane, AICP and Richard D. Yovanovich, Esquire DEPARTMENT: N/A AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC2:124.7 LDC SECTION(S): 2.05.01, notes 3 and 4 including table and adding definitions from the old LDC Div 6.3 into the new LDC Section 1.08.02 pertaining to time share. CHANGE: REASON: Clarify density for hotels /motels with timeshare units in the RT District. FISCAL & OPERATIONAL IMPACTS: This request will not cost the County additional Staff or resources and will help create revenue in the private sector. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Amend the LDC as follows: 1.08.02 Definitions Timeshare estate: See Section 721.05(34), F.S. Timeshare property: See Section 721.05(40) F.S. Timeshare unit: See Section 721.05(41), F.S. 2.05.00 DENSITY STANDARDS 2.05.01 Density Standards and Housing Types 69 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term A. Where residential uses are allowable, the following density standards and housing type criteria shall aooly. 70 E: \ccpgan28P KT(122209). doc 0 Housing Maximum Type: Density 2 Zoning >. 'E ' (units per District: E of > o M o gross a o x =° Y `o °— acre) N O1 O C w N N IO W N C cq 3 F 7 O O U 7 (D U 7 S E F O GC Two 0.2(1 A J S J unit per 5 acres) 0.44(l E ✓ J unit per 2.25 acres) RSF -1 J ✓ J 1 RSF -2 ✓ ✓ ,/ 2 RSF -3 ✓ J J 3 RSF -4 ✓ J J 4 RSF -5 J ✓ ✓ 5 RSF -6 J J J 6 RMF -6 J J J J J J 6 RMF -12 S J J ✓ 12 RMF -16 J J 16 RT 3 26 RT ° ✓ J J 16 or 26 RT 5 ✓ ✓ ✓ 16 VR 6 ✓ J ✓ 7.26 VR 7 J J 8.71 VR 8 J J 14.52 MH s ✓ One 7.26 70 E: \ccpgan28P KT(122209). doc Text underlined is new text to be added. Text stFikethFough :s ent IuN to Ise .I..Iete.1 Bold text indicates a defined term TTRVC One ✓ 12 C -110 One 16 C -210 One 16 C -310 On 16 C -4 One C -5 One I One BP One 0.2(1 unit per 5 acres) CON " J 0.33(l unit per 3 acres) Big Cypress BMUD 12 S S S S 12 GTMUD 12 S S S S 12 R -1 J J J ✓ R -2 J J ✓ ✓ GZO Per underlying zoning district VB -RT J J J Per GGDCCO underlying zoning district 0.025(l RFMU 13 ✓ ✓16 unit per 40 acres) 0.2 (1 unit RFMU 14 J J J J J16 J J J per 5 acres) 0.2 (1 unit RFMU 15 J J ✓ J J16 J J ✓ J per acres) 0.2 (1 unit MHO ✓ per 5 acres) 1 Legend: 2 S = permitted subject to supplemental standards 71 E: \ccP qa n 28PKT(122209).doc Text underlined is new text to be added Sold text indicates a defined term 1 ' Recreational vehicles include travel trailers, park models, pickup coaches, and motor 2 homes. 3 2 Density is calculated as the number of residential dwelling units per gross acre (see 4 definition of density, residential ). Generally, in all zoning districts except for A, E and CON, 5 this indicates the maximum allowable density, including any applicable density bonuses per 6 the density rating system in the growth management plan. Density may be restricted by the 7 board of county commissioners at the time of rezoning to something less than the maximum, as 8 indicated parenthetically on the official zoning atlas maps. For example, "RMF -6(4)" allows all 9 uses and development standards of the RMF -6 zoning district but density is limited to 4 10 dwelling units per acre. 11 3 A maximum of twenty -six (26) units per acre are allowed for hotels and motels including 12 timeshare units that meet the standards for hotels and motels in the RT district. 13 ° For RT zoning located inside Activity Centers as designated on the Growth Management 14 Plan's Future Land Use Map, residential units (including those for timeshares and multifamily 15 uses) are allowed at a maximum of sixteen (16) units per acre. Similarly for RT zoning not 16 located within Activity Centers but in existence at the time of adoption of the LDC (October 30, 17 1991), residential units are allowed at a maximum of sixteen (16) units per acre. However. 18 hotels and motels meetinn the rPnidrP.mPnta of the RT riiciriri inr•L irlinn +i�k__ ....:M ♦k_t 19 meet the standards for hotels and motels are allowed a maximum density of twenty -six (26) 20 units per acre. 21 5 For RT zoning not located within Activity Centers and not in existence at the time of 22 adoption of this LDC (October 30, 1991), allowed density is per the density rating system up to 23 sixteen (16) units per acre. The calculation of density shall be based on the land area defined by 24 alot(s) of record. 25 s Density for single - family and mobile home, with or without clustering. 26 7 Density for duplex, with or without clustering. 27 8 Density for multi - family, with or without clustering. 28 9 In the MH district, modular homes are allowable. 29 10 Properties zoned C -1 through C -3 may have associated residential densities in instances 30 of mixed -use development pursuant to the Future Land Use Element of the Growth 31 Management Plan. 32 11 The density of 1 dwelling unit per 3 gross acres only applies to private in- holdings 33 within the Big Cypress National Preserve that were in existence prior to October 14, 1974. 34 12 Maximum allowable density in the BMUD and GTMUD overlays is attained through the 35 Mixed Use Project (MUP). Approval Process pursuant to the regulations in the Overlays. 36 t3 One unit per 40 acres is the maximum density permitted in RFMU Sending Lands (see 37 section 2.03.08). 38 14 One unit per 5 acres is the maximum density permitted in RFMU Neutral Lands (see 39 section 2.03.08). 40 15 One unit per acre is the maximum density permitted in RFMU Receiving Lands located 41 outside of a Rural Village with redemption of Transfer of Development Rights (TDR) credits; 0.2 42 units per acre is the maximum density permitted in RFMU Receiving Lands without 43 redemption of TDR credits; 3 units per acre is the maximum density per acre in RFMU 44 Receiving Lands located within a Rural Village with the redemption of TDR credits (see 45 section 2.03.08). 46 76 Only if Mobile Home Overlay exists. 47 48 B. Acreage associated with historical /archaeological resources preserved within the 49 boundaries of a project shall be included in calculating the project's permitted density. 50 (Ord. No. 06 -08, § 3.H; Ord. No. 07 -67, § 3.F) 51 72 E: \CCPCja n28PKT(122209).doc 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 Text underlined is new text to be added. Text slNikethFough is suFFent text te be deleted. Bold text indicates a defined term - Supplemental information provided by applicant Extracted from Ordinance 91 -102, as amended: Division 6.3. DEFINITIONS Timeshare estate: Any interest in a dwelling unit under which the exclusive right of use, ownership, possession or occupancy of the unit circulates among the various owners of timeshare estates in such unit in accordance with a fixed time schedule on a periodically recurring basis for a period of time established by such schedule. Timeshare estate facility: Any dwelling in which timeshare estates have been created. Timeshare unit: A dwelling unit in which timeshare estates have been created. Legal Analysis in Support of LDC Amendment Chapter 721, Florida Statutes regulates Vacation and Timeshare Plans. This Chapter includes a regulatory framework to assure that individuals purchasing a timeshare estate are adequately protected. Although not identical to the statutes regulating condominiums, Chapter 721 is a very detailed regulatory scheme for the marketing and sale of Vacation and Timeshare Plans. Section 721.05(1) Florida Statutes defines the term Accommodation as follows: (1) "Accommodation" means any apartment, condominium, or cooperative unit, cabin, lodge, hotel or motel room, campground, cruise ship cabin, houseboat or other vessel, recreational or other motor vehicle, or any private or commercial structure which is real or personal property and designed for overnight occupancy by one or more individuals. The term does not include an incidental benefit as defined in this section (emphasis supplied). Section 721.05(39), Florida Statutes defines the term Timeshare plan as follows: (2) "Timeshare plan" means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or right -to -use agreement or by any other means, whereby a purchaser, for consideration, receives ownership rights in or a right to use accommodations, and facilities, if any, for a period of time less than a full year during any given year, but not necessarily for consecutive years. The term "timeshare plan" includes: (a) A "personal property timeshare plan," which means a timeshare plan in which the accommodations are comprised of personal property that is not permanently affixed to real property; and (b) A 'real property timeshare plan," which means a timeshare plan in which the accommodations of the timeshare plan are comprised of or permanently affixed to real property (emphasis supplied). E1CCPCian28PKT(122209).doc 73 1 4 7 8 9 10 11 12 13 14 15 16 Text underlined is new text to be added Accordingly, it is clear that a hotel or motel room can be within a timeshare plan. In addition, Section 721.25, Florida Statutes provides as follows: Zoning and building. — All laws, ordinances, and regulations concerning buildings or zoning shall be construed and applied with reference to the nature and use of the real estate timeshare plan property, without regard to the form of ownership. A timeshare plan is a form of ownership and is not a land use. Collier County is prohibited from applying different standards to a land use based upon the form of ownership as a timeshare. The proposed amendments clarify the misconception that a timeshare plan is a form of land use. The proposed amendments also clarify that as long as the timeshare plan is operated as a hotel or motel use, it shall have the same intensity as far as number of hotel and motel units as any other form of ownership for hotel and motel units. EACCPCjan28PKT(122209).doc 74 1 2 Text underlined is new text to be added. Bold text indicates a defined tens Statutes & Constitution :View Statutes :_ >2005- >Ch00721- >Secdon 05 : Online Sunshine Page 1 of I 34) Timeshare estate" means a right to occupy a timeshare unit, coupled with a freehold estate or an estate for years with a future interest in a timeshare property or a specified portion thereof. The tern shall also mean an interest in a condominium unit pursuant to s. 718.103 an interest in a cooperative unit pursuant to s. 719.103 .. or an interest in a trust that complies in all respects with the provisions of s. 7z1.°g(Y)(c)4., provided that the trust does not contain any personal property timeshare interests. A timeshare- estata,isaa parcel of real property under the J&%%.0 lhis.xtate._ (35) 'Timeshare instrument' means one or more documents, by whatever name denominated, creating or governing the operation of a timeshare plan. (36) 'Timeshare interest" means a timeshare estate, a personal property timeshare interest, or a timeshare license. (37) - Timeshare license" means a right to occupy a timeshare unit, which right is not a personal -property timeshare interest or a timeshare estate. (38) 'Timeshare period" means the period or periods of time when a purchaser of a timeshare interest is afforded the opportunity to use the accommodations of a timeshare plan. (39) 'Timeshare plan" means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or right-to-use agreement or by any other means, whereby a purchaser, for consideration, receives ownership r'ighrs in or a right to use accommodations, and facilities, if any, for a period of time Less than a full year during any given year, but not necessarily forconsecutive years. The term "timeshare plan" includes: (a) A "personal property timeshare plan," which means a timeshare plan in which the accommodations are comprised of personal property that is not permanently affixed to real property, and (b) A "real property timeshare plan," which means a timeshare plan in which the accommodations of the timeshare plan are comprised of or permanently affixed to real property. (40) 'Timeshare property means one or more timeshare units subject to the same timeshare Instrument, together with any other property or rights to property appurtenant to those timeshare units. Notwithstanding anything to the contrary contained in chapter 718 or chapter 719, the timeshare Instrument for a timeshare condominium or cooperative may designate personal property, contractual rights, affiliation agreements of component sites of vacation dubs, exchange companies, or reservation systems, or arry other agreements or personal property, as common elements or limited common elements of the timeshare condominium or cooperative. (41) Timeshare unit" means an accommodation of a timeshare plan which is divided into timeshare periods. Any timeshare unit in which a door or doors connecting two or more separate rooms are capable of being locked to create two or more private dwellings shalt only constitute one timeshare unit for purposes of this chapter, unless the timeshare instrument provides that timeshare interests may be separately conveyed in such locked-off portions. E: \CCPCjan28P KT(122209).doc 75 1 2 Text underlined is new text to be added Text AtAkethF061914 6 G-IFFeRt text to be deleted. Bold text indicates a defined term Legal Analysis in Support of LDC Amendment Chapter 721, Florida Statutes regulates Vacation and Timeshare Plans. This Chapter includes a regulatory framework to assure that individuals purchasing a timeshare estate are adequately protected. Although not identical to the statutes regulating condominiums, Chapter 721 is a very detailed regulatory scheme for the marketing and sale of Vacation and Timeshare Plans, Section 721.05(1) Florida Statutes defines the term Accommodation as follows: (1) "Accommodation" means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, campground, cruise ship cabin, houseboat or other vessel, recreational or other motor vehicle, or any private or commercial structure which is real or personal property and designed for overnight occupancy by one or more individuals. The term does not include an incidental benefit as defined in this section (emphasis supplied). Section 721.05(39), Florida Statutes defines the term Timeshare plan as follows: (39) "Timeshare plan" means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or right - to-use agreement or by any other means, whereby a purchaser, for consideration, receives ownership rights in or a right to use accommodations, and facilities, if any, for a period of time less than a full year during any given year, but not necessarily for consecutive years. The term "timeshare plan" includes: (a) A "personal property timeshare plan," which means a timeshare plan in which the accommodations are comprised of personal property that is not permanently affixed to real property; and (b) A'real property timeshare plan," which means a timeshare plan in which the accommodations of the timeshare plan are comprised of or permanently affixed to real property (emphasis supplied). Accordingly, it is clear that a hotel or motel room can be within a timeshare plan. In addition, Section 721.25, Florida Statutes provides as follows: E: %ccpgan28PKT(122209).doc 76 DENSITY STANDARDS AND HOUSING TYPES DATE: 6116109 DUE: 6129109 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 Text underlined is new text to be added. Bold text indicates a defined tens LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Catherine Fabacher, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC 1:19 LDC SECTION(S): 1.08.02 Definitions CHANGE: Restore definition, "Dwelling, multi- family," from the old code (Ord. 91 -102, as amended). With changes below, definition reads verbatim from 91 -102. REASON: Essential elements of the definition for "dwelling, multi - family" were lost during re- codification; definition term was previously known as "Dwelling, multiple - family." FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: August 26, 2009 Amend the LDC as follows: 1.08.02 Definitions Dwelling, multi - family: A group of 3 or more dwelling units within a single conventional building. For purposes of determining whether a lot is in multiple - family dwelling use, the following considerations shall apply: 77 E: \ccPeian28P KT(122209).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Text underlined is new text to be added Bold text indicates a defined term b. Guesthouses and servants' quarters shall not be considered as dwelling units in the computation of subsection a above C. Any multiple - family dwelling in which dwelling units are available for rental for specifically designated. permitted in districts where specifically designated 78 E: \ccpgan28P KT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: John Houldsworth, Senior Site Plan Reviewer DEPARTMENT: Engineering and Environmental Services AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC SECTION(S): 1.08.02 - Definitions CHANGE: Delete definition of "Subdivision, minor" as is no longer used. REASON: Concurrency. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 1.08.00 DEFINITIONS 1.08.02 Definitions 79 E: \ccpgan28P KT(122209).doc 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 Tent underlined is new text to be added Text WkethFaugh is suffeRt tma tA h, is late d. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stan Chrzanowski P.E. Catherine Fabacher, AICP DEPARTMENT: Zoning & Land Development Review\ Engineering & Environmental Services AMENDMENT CYCLE: 2009, Cycle 1 LDC PAGE: LDC1:24 LDC SECTION(S): 1.08.02 Definitions CHANGE: Add definitions and illustrations for "corner ", "through" and "interior lots" and "corner lot measurement." REASON: The definitions for "lot, corner," "lot, interior," and "lot, through" were omitted from the old code during the re- codification of the LDC (Ordinance No. 04 -41). The BZA directed that staff change the method of measuring front yard setbacks on culs de sac and curvilinear lots from the "chord method" to the "arc method." FISCAL & OPERATIONAL IMPACTS: Switching the method of front setback measurement on culs de sac will render thousands of building and accessory structures nonconforming. Staff recommends that the "nonconfomities section" be revised to recognize all residences built under the previous measurement method as nonconforming. Under the nonconformity provisions, a building or structure must come into compliance with the LDC, as to front setback, whenever the redevelopment of the property exceeds 50 percent of replacement value. RELATED CODES OR REGULATIONS: 9.03.03 Nonconformities GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Previous version was created in 2007 for the LDC 2007 Cycle 1; however, it failed to be approved in that cycle. Current version created 11- 11 -09. Amend the LDC as follows: 46 1.08.02 Definitions 80 E: \ccpgan28PKT(122209).doc 17 y 9lOEl( ^ FPOMAGE K- � \ iENER CORN EP INTERIOR L. LOT BFIX LOT$ \\ i INTERIOR \j LOT THROUGH CORNER / iIAG LOT LOT LOT Lm DEPTH ��sIDE LOT IINES Ip ' INRPIO� *;. ORNER OT STREET �!�) LOTUNES RE MEASURED AT REQUIRED SURDINGSETUI LINE E: \ccPCian28P KT(122209).doc 81 Text underlined is new text to be added. Leth!Rg eV, TeNd ent Ee..E str is to be deleted. Bold text indicates a defined term 2 Lot corner: Any lot situated at the iunction of and abutting to form a corner on 2 or more 3 intersecting streets If the angle of intersection of the ROW centerlines of 2 streets is greater 4 than 135 degrees then the lot fronting on the intersection is not a corner lot. See 5 Figure 6 * * * * * * * * * * * * x 8 9 Lot. interior: A lot other than a corner lot, with only one frontage on a street. See 10 Figure 11 12 * * * 13 14 Lot. through: A lot other than a corner lot, with frontage on more than one street. 15 Through lots abutting two streets may be referred to as double - frontage lots. See Figure 16 17 y 9lOEl( ^ FPOMAGE K- � \ iENER CORN EP INTERIOR L. LOT BFIX LOT$ \\ i INTERIOR \j LOT THROUGH CORNER / iIAG LOT LOT LOT Lm DEPTH ��sIDE LOT IINES Ip ' INRPIO� *;. ORNER OT STREET �!�) LOTUNES RE MEASURED AT REQUIRED SURDINGSETUI LINE E: \ccPCian28P KT(122209).doc 81 I 2 3 4 Text underlined is new text to be added. Bold text indicates a defined tem | / � [ / / | PROPERTY LINE "vw"cnvv/ /i | —�--------|----____�_ | / | / | / � � � NOTACORNERLOT LOT LINE �A ~— = pRopExn/uwc 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 LDC Amendment Request ORIGIN: BCC Directed Text underlined is new text to be added. Bold text indicates a defined term AUTHOR: Zoning & Engineering staff DEPARTMENT: Zoning & Land Development Review Department Engineering & Environmental Services Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC SECTION(S): 1.08.02 Definitions CHANGE: The method by which the front setback is determined on cul -de -sac lots is to be changed from the chord method to the arc method. REASON: FISCAL & OPERATIONAL IMPACTS: It is difficult to estimate the number of residences constructed on cul -de -sac lots that will become nonconforming by changing the method by which the front setback is determined. Once these structures/homes become nonconforming, the redevelopment possibilities will be limited to less than 50 percent of the value of the improvement. Additionally, if a future buyer is worried about the nonconformity causing a cloud on the title, then there will be no method by which to become conforming, other than moving the front fagade of the structure back to the newly determined setback. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTESNERSION DATE: Created November 17, 2009. Amend the LDC as follows: Yard, front measurement on culs de sac: Front yards on cul -de -sac lots shall be created by an 83 E: \ccpgan28P KT(122209).doc 1 2 •PROPERTY LINE �_________/ ••............... PROPERTY LINE / CURB \ .. / z / CURB \ PROPERTY �'• moo/ LINE i J PROPERTY /LINE /j. E: \CCPCjan28PKT(122209).doc 84 Text underlined is new text to be added Bold text indicates a defined term SETBACK LINE I PROPERTY: LINE y / PROPERTY .K LINE = CENTERLINE OF ROW l CUL DE SAC DIMENSIONS ARE PROVIDED AS AN EXAMPLE 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 Text underlined is new text to be added. Text stnkethMUBI; is ournent te)d to be deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Catherine Fabacher, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC2:3 -4 LDC SECTION(S): 2.01.00 GENERALLY CHANGE: Delete LDC section 2.01.00 per direction of the CAO. REASON: The BCC adopted Ordinance No. 08 -64, the "Collier County Parking, Storage and Use of Recreational Vehicle Control Ordinance. SECTION SEVEN of the ordinance states, "This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land Development Code. Zoning staff requested from the County Attorney's Office (CAO) a legal determination of which "similar provisions" contained in the LDC have been replaced and superseded by Ordinance No. 08 -64. Staff was advised that of all the subsections provided for review section 2.01.00 of the LDC was to be deleted. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Created June 27, 2009 Amend the LDC as follows: 85 E: \ccpgan28PKT(122209). doc I NOW 110101111111i . NO 85 E: \ccpgan28PKT(122209). doc Text underlined is new text to be added Text strikethFOUgh is m -want tAA to hp deleted. Bold text indicates a defined term 11 FR 8 provided, hewevei:, that sush -eqwipment may Eq = 10 to _ - vi° -- - - - - 12 - - - - .--p ,- - - 13 ficentage. F=GF thFough lots the Few yard shall be GensidWed to be that peFtqen ef th I e 14 lying betW8eR the Few elevation (by desmgR) of the residenGe and the street. 15 16 17 18 19 20 21 mArmitr mw k- ' a .+ Fti -s -- �.. - -_- M- 23 24 G4-vmF;*tmFr t C; -06IRtY tG V'Git fFmeRds or FneR;beF Of the ViSiW6 faFnily 25 Fesiding th*6 GOURty FRay bg paFked Up9R the PFBM!686 ef the Vi6ited family f9p a 26 PeFied no exGeeding seven day6- A tempeFap/ U69 P8FFRmt M616t hP GhtWIRAff te autherize- 27 i th'6 aGfiVity. The -permit fer 6UGh peFied shall be affixed to the 28 YeWGI . uoL46 plaGe OF GR the stmet Bide theFeef. TWs dees Fiat allem.f f4ar 1110M.R.g-, . 29 Sle8p*Rg, 9F heusekeepoRg NIG thOR IANG PUFPGSe- FRAFA G9RS8GUtmVe PeFFAmt6 Fna 30 -_ - °_ - -- -- - 31 EN Text underlined is new text to be added. Bold text indicates a defined term 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the proviseens of F.S. Ch. 7-18, as amended, knewun as the "Condom 0 ni, Fn AGVV' (Ord. No. 06 -07, § 3.C) 2.01.00 (Reserved) 87 E: \CCPCjan28P KT(122209).doc 1 LDC Amendment Request 2 4 ORIGIN: BCC Directed. 5 6 AUTHOR: Staff Text underlined is new text to be added Bold text indicates a defined term 8 DEPARTMENT: CDES — Department of Zoning and Land Development Review 9 10 AMENDMENT CYCLE: 2009 Cycle 1 11 12 LDC PAGE: 13 14 LDC SECTION(S): 2.03.01 Agricultural Zoning Districts 15 5.04.05 Temporary Events 16 17 CHANGE: Provides allowance for youth actively engaged with 4 -H and other similar youth 18 development programs who reside within Golden Gate Estates to obtain a 16 -week Temporary 19 Use Permit for the purpose of raising up to 2 hogs for presentation at the annual Collier County 20 Fair. 21 22 REASON: At the November 23, 1999, BCC hearing a motion was made by Commissioner 23 Barbara Berry directing staff to develop a Temporary Use Permit (TUP) for the above described 24 use and to provide any LDC options that might be available. An executive summary was drafted 25 proposing an LDC amendment "to allow youth residing in the Estates to raise hogs (on a 26 temporary basis) for presentation at the Collier County Fair..." This executive Summary also 27 stated that the Code allowed the Board to approve an 8 -week TUP and recommended 2 hogs per 28 family on lots greater than 1.25 acres. Minutes of the December 14, 1999, BCC hearing reveal 29 item 8.A.2 proposing the TUP was approved as a one -time allowance, pending an LDC 30 amendment. Staff has been unable to locate any records evidencing such a LDC amendment and 31 is of the opinion this issue needs to be resolved. 32 33 Staff believes that as prohibitions against hogs presently exist within residential zoning areas that 34 the best means for allowing said hogs is by means of a TUP. Said TUP would require evidence 35 of affiliation with 4 -H youth programs, provide criteria pertaining to the feeding and housing of 36 the hogs, stipulate the duration and purpose and provide a mechanism for revocation should the 37 animals become a nuisance. 38 39 FISCAL & OPERATIONAL IMPACTS: Staff recommends that the fee for this TUP be a cost 40 that can be absorbed by the applicant, youth engaged in farming activities, not to exceed $5.00. 41 This minimal fee will defray staff costs and allow the applicant to become familiar with the 42 governmental regulation and controls inherent to business operations. It is expected that this fee 43 will be passed on to the consumer upon sale of the hogs at the County Fair, at which time the 44 TUP will also become void. 45 46 RELATED CODES OR REGULATIONS: 47 88 E: \CCPgan28PKT(122209). doc 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 Text underlined is new text to be added. Bold text indicates a defined tens GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Revised per DSAC on 10/28/2009. Amend the LDC as follows: 2.03.01 Agricultural Zoning Districts. + + + + + + + + + + + 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). b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2. Field crops raised for the consumption by persons residing on the premises. 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. a. On lots /parcels of 1.25 acres and greater, section 5.04.05 D.1. provides for the issuance of a 16 -week temporary use permit (TUP) to keep a maximum of 2 hogs while engaged 89 E:\ccpgan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 in a bona fide 4 -H youth development program 2 3 4 5 5.04.00 TEMPORARY USES AND STRUCTURES 6 7 5.04.05 Temporary Events 8 9 10 11 D. Temporary Uses not elsewhere classified At the direction of the BCC the County may 12 from time to time be called upon to allow certain uses for specific periods of time After 13 public hearing, the County Manager or designee may issue a Temporary Use Permit 14 upon receipt of satisfactory evidence that all stipulations and /or requirements have been 15 satisfied. 16 17 1. 4 -H Youth Development Programs and similar youth development Programs A 18 non - renewable 16 -week permit may be issued to allow for the keeping of up to 2 19 hogs. on Estates zoned Property of 1.25 acres or greater, in preparation for 20 showing and sale at the annual Collier County Fair. 21 22 a. Pastures shall be fenced and maintained Any roofed structure used for 23 the sheltering feeding or confinement of such animals shall be setback 24 a minimum of 30 feet from lot lines and a minimum of 100 feet from an 25 residence on an adiacent parcel of land 26 27 b. Structures as described above shall be maintained in a clean healthful 28 and sanitary condition. 29 30 C. Once removed for showing and sale the hog(s) shall not be returned to 31 the property. 32 33 d. This Permit may be revoked with cause M E: \ccpgan28P KT(122209).doc Text underlined is new text to be added. ....1 text t.. be deleted Bold text indicates a defined term gochenaur r Subject: FW: Pigs in Estates zoning From: gochenaur_r Sent: Friday, January 09, 2009 11:48 AM To: ScavoneMichelle Cc: IstenesSusan; CasertaAshley; davisaaig; Lopatalan; SawyerMichael; willoughby_c Subject: Pigs In Estates zoning Hi, Michelle In December 1999, the 8CC approved a single TU Permit allowing kids in the Estates to raise pigs as projects in conjunction with the County Fair. A single 8 -wk TU Permit was approved in anticipation of an LDC Amendment that would include this exception in the Code. Although the Planning Director at that time agreed to draft the Amendment, this was never done. A second TU Permit was ever requested or approved, although the use apparently continued. The basic provisions of the Amendment were to °to allow youth residing in the Estates to raise hogs (on a temporary basis) for presentation at the Collier County Fair.." The Board then approved an 8 -week TU Permit allowing this and recommended two hogs per family on lots greater than 1.25 acres. The TU Permit was to run for 8 weeks starting 14 Dec 1999. It was never renewed. Susan discussed the issue with Joe, and it was decided to bring the question of the TU Permit and the LDC Amendment back to the Board, since the direction to prepare the Amendment came from the previous Board. Although nothing in the LDC currently allows the use and there is no valid TU Permit allowing it, our recommendation would be to withhold enforcement action pending the decision of the Board. Preparing the Executive Summary and scheduling the hearing will take at minimum 60 days; Susan will try to get it on the agenda for the first week in march. Please let me know if you have any questions Ross E ACCPCja n28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term F1&9 (NOC-s) EXECUTIVE SUMMARY APPROVAL OF A TEMPORARY USE PERMIT TO AUTHORIZE TEMPORARY RAISING OF HOGS IN THE ESTATES ZONING DISTRICT FOR YOUTH INVOLVED IN 4H PROJECTS IN CONJUNCTION WITH THE COUNTY FAHL OBJECTIVE: To allow on a temporary basis, for youth involved I the 4H program to be able to raise hogs in the `B" Estates zoning district for a period of time preceding and following the Collier County Fair and Agricultural Exposition. CONSIDERATIONS: On November 23, 1999, the Board directed staff to prepare a Land. Development Code (LDC) amendment to allow'youth residing in the "E" Estates zoning district to raise hogs (on a temporary basis) for presentation at the Collier County Fair and Agricultural Exposition held in January of each year. Additionally the Board directed staff to determine if a temporary use permit may be issued by the Board to allow temporary raising of hogs in conjunction with 4H and the County Fair for this year, since the LDC amendment will not be effective until June of the year 2000. Section 2.6.33.9.2 of the LDC allows the Board to authorize a temporary use permit for a period of time not to exceed eight weeks (56 days), for temporary sports, religious or community events. In the opinion of staff, the Board may authorize approval of a temporary use permit to authorize raising of hogs in the "E" Estates district in conjunction with the 4H youth program and the Collier County Fair and Agricultural Exposition. As a condition of the temporary use permit, staff recommends the following: the number of hogs authorized be limited to no more than two per single - family residence; any area in which the hogs are kept be located a minimum of 30 feet from any lot line and 100 feet from any adjacent residence, that the temporary use permit be authorized only for "E" Estate zoned lots exceeding land Y< acres in size. If authorized for eight weeks, commencing on December 14, 1999, the temporary use permit will be effective until February 7, 2000. FISCAL IMPACT: Temporary use permits require payment of a $75.00 fee. Given that the Board has directed staff to prepare this temporary use permit, and given the fact that it will apply generally to any youth wish to raise up to two hogs during the permit period in conjunction with the 4H and Collier County Fair and Agricultural Exposition, should the Board wish to waive the fee for this permit, staff will include the $75.00 fee in a budget transfer to be prepared at the close of the fiscal year cumulatively addressing all fee waivers approved by the BCC. STAFF RECOMMENDATION• That the Board of County Commissioners approve the attached temporary use permit and waive the $75.00 fee. PREPARED BY: Date: _ Robert J. Mulhere; AICP Planning Services Department Director APPROVED BY: Date: Vincent A. Cautero, AICP Community Development & Environmental Services Administrator 92 E: \ccPCian28PKT(122209). doc Text underlined is new text to be added. Bold text indicates a defined term 33rd Annual Collier County Agricultural Fair & Exposition, Inc. February 5t' - February 15 "h, 2009 E: \CCP qa n28P KT(122209).doc 2009 Livestock Rule Book 93 Text underlined is new text to be added Bold text indicates a defined term Rules for Collier County Agriculture Fair & Exposition Livestock Exhibitors 2008 —2009 1. Show open to bona fide members of youth organizations and Collier County Citizens. Market Livestock Exhibitors must be I8 years old or younger and still in grade or high schooL Market entries limited to one market animal per exhibitor. Pee Wee 4 -7 Junior 8 -10 Intermediate 11 -13 Senior 14 -18 2, Livestock Committee and the Fairboard mandate that all livestock exhibitors must be enrolled in a Livestock Club. What makes a Livestock Club? The leader or someone designated by the Livestock Club must attend the Livestock meetings held at the Fair Office on the 2 °d Tuesday of each month convening at 6:30 pm. If any Club misses three meetings, the Club is no longer considered a Livestock Club, and children from that Club will not be able to show in the Fair. 3. Exhibitors with a youth organization must attend all Club meetings the entire year and be active and in good standing with the Club, If three (3) meetings are missed, the Exhibitor is no longer member in good standing unless there are extreme extenuating circumstances (decided by the Livestock Committee and /or Club Leader). Club secretary books will be checked for attendance at the January Livestock meeting by the Fair Office. No exceptions to this rule. Fair Office will notify Exhibitor that animals will not be weighed in and have not met prior project requirements. 4. Exhibitors are expected to expand their knowledge of animal science as related to the animals being raised. Livestock Clubs are expected to designate a Project Leader for hogs, steer, etc. to be responsible for related educational programs to be presented at the Club level. Exhibitor is required to present a demonstration at Club level. (Demonstration similar to show and tell and must be on the animal he/she will be showing at the Fair.) The secretary book will have a record of who gave a demonstration at Club meetings; this is due to the Fair Office at the January Livestock meeting: Demonstrations must be completed by the second week of January. 5. All Entry Forms are available by contacting the Collier County Fair Office at (239) 455 -1444 or going online to www.colliercountyfaincom. On every animal Entry Form there is a paragraph that states every Exhibitor and parent has read slid understands the Livestock Rule Book and the Code of Conduct, This must be M E: %ccPCian28PKT(l22209).doc Text undedined is new text to be added. Text st4ethrough is SUFFISFIt text tG be deleted. Bold text indicates a defined term signed by both the exhibitor and parent or legal guardian for the Entry Form to be accepted. 6. No gum is permitted under the pavilion. 7. Exhibitor should send out typed or hand written buyer's and add-on invitations about two (2) weeks before the Fair. S. Modified Danish System is used by all judges (1 ", 2nd and 3rd, eta...). Judges decisions are final. Parents are not allowed to ask judges questions during the shows. 9.. ALL Exhibitors must wear show clothes when showing and selling animals. White shirts (must be tucked in), black pants, black jeans or skirts, belt, bolo or tie, and boots). Cowboy hats are allowed but no caps. Jackets are allowed if representing your Club or Organization. 10. If due to illness, injury or unusual circumstances an Exhibitor is unable to show his/her animal, an alternate exhibitor must be appointed by the Livestock Committee. Permission must be obtained in advance. 11. The First Saturday of the Fair. a mandatory meeting will be held for all Livestock Exhibitors from 9:00 - 9:30 am. Exhibitor and parent/legal guardian must be present. NO EXCEPTIONS TO THIS RULE. 12. All Exhibitors are required to complete a Record Book on each animal they show. A list of Exhibitors who have completed their Record Book must be turned in to the Fair Office by April 13" following the Fair. Any exhibitor who fails to turn in a completed Record Book will not be allowed to show in the 2010 Fair. Requirements for FIRST Weigh In 13. Official Entry Forms are available by calling the Collier County Fair Office at 455- 1444. Entry Forms must be filed with the Collier County Fair Office by initial weigh ins. Bill of Sale with birth date is required with Entry Forms for market animals. ANY exhibitor showine for the first time must have their own certified Exhibitors must be able to handle their animal or must bring a responsible adult to assist them. The Livestock Committee is there only for assistance in weighing and paperwork Pictures will be taken to show proof of animal that is weighed in. Requirements for FINAL Weigh In 14. Entries must meet health requirements of the Florida Department of Agriculture pertaining to the animal he /she will be exhibiting. Exhibitors must present a current Health Certificate dated within thirty (30) days of the final weigh in. Any animals showing signs of illness, hernia, warts, communicable diseases, ringworms, etc. must be approved by the veterinarian and/or Livestock Committee before weighing in; or as required by the Florida Department of Agriculture. Animals shall be accompanied IM E: \ccpga n28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term by an up-to -date Record Book when admitted to final weigh in. NO ANIMAL, WILL BE WEIGHED WITHOUT A RECORD BOOK. Exhibitors must be able to handle their animal or must bring a responsible adult to assist them. The Livestock Committee is there only for assistance in weighing and paperwork 15. Hauling of animals: Please do not bring your animals in cages. For the safety of the animal, exhibitors and volunteers, please have a modem trailer to haul your animals. If you do not have aproper way to haul your animal, please make arrangements with someone else in your Club. 16. All Club Leaders are responsible for getting their pass lists to the Livestock Manager at the January Livestock Meeting. All Lists must include Exhibitor and Parents first and last names. Any siblings or step parents needing passes must be on the list at that time and the money for their passes will be required at that time also.. Grandparents, siblings over sixteen and extended family members must purchase a regular ticket at the front gate. Exhibitors will be given one pass to get in the back gate of the Fair. Exhibitor will also receive 2 passes for parent/guardians and two parking passes ONLY. Anyone who comes to the back gate without a pass will be turned around and refused entry until pass can be presented for entry. This will be strictly enforced. Parking in the Livestock area will only be allowed during the feeding times, any vehicles left in that area at the start of the Fair Day will be towed at owner's expense. A designated parking and entry area will he set aside in the front parking lot for all Livestock Exhibitors and Parents. 17.. An Exhibit Sign containing the Exhibitor's name, Club, animal weight and breed must be displayed on the pen or stall by 5:00 pm Thursday, the opening day of the Fair. Failure to do so will result in the loss of all premium monies. 18. During the Fair, if any animal shows signs of illness, that animal will be moved to a designated sick bay area A licensed veterinarian will be.called, at the cost of the Exhibitor, to determine the status. If the veterinarian determines that the animal must go home, it will be removed from the Fairgrounds and will not be allowed to return under any circumstances. The area thatthe animal is removed from must be disinfected. 19. PENS MUST BE CLEANED and ANIMALS FED MONDAY -FRIDAY BETWEEN 2:00 -5:00 pm; SATURDAY & SUNDAY BEFORE 12:00 NOON. PREMIUMS WILL BE FORFEITED IF THE PEN IS NOT KEPT IN GOOD SHOW CONDITION. Each Exhibitor must provide his/her own cleaning supplies. All equipment should be labeled with the Exhibitor's name and must be kept in show boxes when not in use. Each Exhibitor will be eligible for the Herdsman and /or the Golden Shovel Award. Judging will be conducted randomly throughout the Fair by an anonymous committee. Exhibitors are not allowed: on the Fairgrounds during the hours that the Fair is closed except for cleaning pens. Parents/Legal Guardians must provide supervision while Exhibitors are in the Livestock Pavilion and on the Fairgrounds. M E: \CCPCIan28P KT(122209).doc Text underlined is new text to be added. Text 6trikethrough is GurFent text te be deleted. Bold text indicates a defined term 20, All animals must be kept installs after the Fairgrounds open. Exceptious: Show and sale nights. Exhibitors wishing to exercise, groom, or practice for showmanship with their animal or practice in the show ring before the Fairgrounds open may do so at the discretion, and under the direct supervision, of the Barn Superintendent or a Fair Official. Exhibitor must be present and set up a time with the Barn Superintendent for grooming. 21. All animal Exhibitors must remain in the Livestock Pavilion until their show and /or sale, including resale, are complete. Failure to do so will result in loss of all premium monies. 22. a haver. Order of sale: Grand Champion first, Reserve Champion second, balance to be determined by a judge. All sales are final. All underweight animals will be sold per pound at an amount less than the last hog or steer that made weight at the bottom of the sale order, Every market animal Exhibitor is required to bring one dessert to the Auction not the Buyer's BBQ. Failure to do so will result in loss of premiums. 23. The Buyer's Appreciation BBQ will take place one month after the Fair. This will also be an awards ceremony for all exhibitors. If the BBQ is not catered then one parent and the market animal Exhibitor will be required to participate in the Livestock Buyer's Appreciation BBQ. A minimum of at least thirty (30) minutes of participation will be required. Failure to attend or participate with the BBQ will result in the loss of all premium monies. 24. Six (6) percent of the selling price (including add ons) will be assessed from each Exhibitor's check to help cover the cost of the Buyer's Appreciation Bar- B -Que. 25. Each Exhibitor is responsible for purchasing a buyer gift and bringing that gift to the Buyer's Appreciation Bar- B -Que. It is suggested that each Exhibitor should spend around $50.00 to make a presentable gift. Exhibitor's who do not bring in a buyer's gift will not be able to show at the next year's Fair. 26. Rabbits, poultry, goats and breeding cattle can be removed from the Fairgrounds at 10:00 pm the last Sunday of the Fair. They must be picked up by 9:00 am the next day. All animals must be signed out by the Barn Superintendent 27. Each Exhibitor shall be responsible for helping dismantle the livestock facilities the first Saturday following the Fair, from 8:00 am -12:00 pm. If an Exhibitor cannot be present they must get permission at least one week prior to the clean up and provide a suitable substitute. Failure to follow these guidelines will result in a loss of all premium monies. IIN E: \CCPClan28P KT(122209).d oc Text underlined is new text to be added Bold text indicates a defined term MARKET SWINE 1. Entries are open to both barrows and gilts. (If gilts become pregnant they will be disqualified and removed from the Fairgrounds.) 2. Initial Weigh In: The Second Saturday of November from 8:00 am -12:00 pm at the Collier County Fairgrounds. FERDRR PTr vjvwzvr myycm av ,.'..'rte .....o ms. a 1" ivv 1V1VX ; THAN 115 lbs. (Swine cannot be over 6 months of age at the final weigh in.) Any Exhibitor whose pig fails to meet the weight limits will have until the following Saturday to meet weigh in requirements. (The 70 lbs. minimum will increase 1.2 lbs. per day until re- weighed. Any animal showing signs of illness will not be weighed in until the designated time as per scheduled by the determined appointed committee. Exhibitor will have one week to find a different animal. 3. Final Weigh Inc The Tuesday before the Fair starts from 4:00 -8:00 pm at the Collier County Fairgrounds. Hogs will be weighed one time only. MINIMUM WEIGHT 210 lbs. Hogs must be no older than 6 months of age. Only Exhibitors and one assistant are permitted in the vicinity of the scales during weigh in. Swine weighing in excess of 290 lbs. will be sold at the 290 lbs. Exhibitor must be present and have all paperwork ready, if not he /she will be sent to the back of the line. All swine will go to slaughter. 4. All hogs must be provided feed in a removable container. The Fair will provide Lixit type waterers in each hog pen and therefore, each hog should be thoroughly accustomed to drinking from one. 5. Judging will take place the second Thursday of the Fair at 7:00 pm. E: %ccPClan28P KT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Leslie Persia, Senior Planner, and David Weeks, AICP, Planning Manager DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: 2009, Cycle 1 LDC PAGE: LDC2:86.21, .22, .25 (supplement 5) LDC SECTION(S): 2.03.07 Overlay Zoning Districts CHANGE: Amend Subsection 2.03.7.1), Special Treatment Overlay (ST), to extend the time period for the early entry Transfer of Development Rights (TDR) bonus credit to reflect the amendment to the Future Land Use Element of the Growth Management Plan (GMP) adopted on October 14, 2008. The possibly confusing dates - or seeming discrepancy in dates - in a portion of this LDC provision is due to the time differential between the LDC amendment to first add the TDR provision and the subsequent amendment to add the early entry bonus. REASON: To bring the LDC into conformance with the Future Land Use Element of the GMP; more specifically, the Agricultural/Rural designation, Rural Fringe Mixed Use District, Sending Lands, Early Entry TDR Bonus provision. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Future Land Use Element of the GMP. GROWTH MANAGEMENT PLAN IMPACT: This LDC amendment will bring the overlay into conformance with the GMP provision that it implements. OTHER NOTES/YERSION DATE: 7/21/2009 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts 99 E: \ccpga n28PKT(122209).doc Text underlined is new text to be added 1 D. Special Treatment Overlay (ST). Bold text indicates a defined term 2 3 * 4 4. Transfer of development Rights (TDR). 5 6 * * 7 C. TDR credits from RFMU sending lands: General Provisions 8 9 * 10 ii. Creation of TDR Bonus credits. 11 12 13 14 c) Early Entry Bonus credits. Early Entry Bonus credits 15 shall be generated at a rate of 1 additional credit for each 16 TDR credit that is severed from RFMU sending land for 17 the period from March 5, 2004 200& until March 27, 2012 18 thFee years after the adeptiep-ef-t4is�n. Early 19 Entry Bonus credits shall cease to be generated after 20 the termination of this early entry bonus period. However, 21 Early Entry Bonus credits may continue to be used to 22 increase density in RFMU and non -RFMU Receiving 23 Lands after the termination of the Early Entry Bonus 24 period. 25 26 27 28 f. Procedures applicable to the severance and redemption of TDR 29 credits and the generation of TDR Bonus credits from RFMU 30 sending lands. 31 32 33 34 ii. In order to facilitate the County's monitoring and regulation of 35 the TDR Program, the County shall serve as the central registry 36 for all TDR severances, transfers (sales) and redemptions, as 37 well as maintain a public listing of TDR credits available for 38 sale along with a listing of purchasers seeking TDR credits. 39 No TDR credit generated from RFMU sending lands may be 40 utilized to increase density in any area unless the following 41 procedures are complied with in full. 42 43 44 45 b) TDR Bonus credits shall not be used to increase 46 density in either non -RFMU receiving areas or RFMU 47 receiving lands until a TDR credit certificate reflecting 48 the TDR Bonus credits is obtained from the County. 49 50 1) Early Entry Bonus credits. All TDR 51 credit certificates issued by the County for the 100 E: \ccpgan28P KT(122209).doe Text underlined is new text to be added. Bold text indicates a defined term 1 period from the effective date of this provision until 2 March 27, 2012 three yeaFS after s, -Gh effer;tive date 3 shall include one Early Entry Bonus credit or 4 fractional Early Entry Bonus credit for each TDR 5 credit or fractional TDR credit reflected on the TDR 6 credit certificate. Where TDR credits were severed 7 from March 5, 2004, until the effective date of this g provision, the County shall, upon receipt of a copy of 9 the TDR credit certificate reflecting those previously 10 severed TDR credits, issue a TDR credit certificate 11 entitling Early Entry Bonus credits equal in number 12 to the previously severed TDR credits. 13 14 15 101 E: \CCPCjan28P KT(122209). d oc 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 underlined is new text to be added Bold text indicates a defined term LDC Amendment Request ORIGIN: BCC - directed AUTHOR: Jeff Wright, Esq. DEPARTMENT: County Attorney's Office AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC2:114 -116 LDC SECTION(S): 2.03.08 Rural Fringe Zoning Districts CHANGE: Limits aquaculture in sending lands to above - ground facilities only. REASON: Concern about abandonment of excavations in RFMU sending lands, once aquaculture business has ceased to operate. FISCAL & OPERATIONAL IMPACTS: Adoption of this amendment would not result in any immediate fiscal impacts to the County. The information available indicates that there is a wide range of operations (shrimp vs. catfish vs. tilapia vs. sturgeon/caviar vs. clams), and that fiscal impact on landowners would be difficult to pin down in such a way that covers all operations. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: Created August 18, 2009, Revised December 21, 2009. Amend the LDC as follows: 2.03.08 Rural Fringe Zoning Districts A. Rural Fringe Mixed Use District (RFMU District 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 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: 102 E: \ccPcja n28PKT(122209).doc 111 [1 ] E: \ccpgan28P KT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 a. Allowable uses where TDR credits Have not been severed. 3 4 (1) Uses Permitted as of Right: 5 6 (a) Agricultural uses consistent with Sections 163.3162 and 7 823.14(6) Florida Statutes (Florida Right to Farm Act). 8 Aguaculture shall be permitted in above - ground facilities 9 only. 10 11 (b) Detached single - family dwelling units, including mobile 12 homes where the mobile home Zoning Overlay exists, 13 14 (c) Habitat preservation and conservation uses. 15 16 (d) Passive parks and other passive recreational uses. 17 18 (e) Sporting and Recreational camps, within which the lodging 19 component shall not exceed 1 unit per 5 gross acres. 20 21 (f) Those essential services identified in section 2.01.03(B). 22 23 (g) Oil and gas exploration, subject to applicable state and 24 federal drilling permits and Collier County non - 25 environmental site development plan review procedures. 26 Directional - drilling and /or previously cleared or disturbed 27 areas shall be utilized in order to minimize impacts to 28 native habitats, where determined to be practicable. This 29 requirement shall be deemed satisfied upon issuance of a 30 state permit in compliance with the criteria established in 31 Chapter 62C -25 through 62C -30, F.A.C., as such rules 32 existed on Sept. 27, 2005 [the effective date of this 33 provision], regardless of whether the activity occurs within 34 the Big Cypress Watershed, as defined in Rule 62C- 35 30.001(2), F.A.C. All applicable Collier County 36 environmental permitting requirements shall be considered 37 satisfied by evidence of the issuance of all applicable 38 federal and /or state oil and gas permits for proposed oil 39 and gas activities in Collier County, so long as the state 40 permits comply with the requirements of Chapter 62C -25 41 through 62C -30, F.A.C. For those areas of Collier County 42 outside the boundary of the Big Cypress Watershed, the 43 applicant shall be responsible for convening the Big 44 Cypress Swamp Advisory Committee as set forth in 45 Section 377.42, F.S., to assure compliance with Chapter 46 62C -25 through 62C -30, F.A.C., even if outside the defined 47 Big Cypress Watershed. All oil and gas access roads shall 48 be constructed and protected from unauthorized uses 49 according to the standards established in Rule 62C- 50 30.005(2)(a)(1) through (12), F.A.C. 51 111 [1 ] E: \ccpgan28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 (2) Accessory uses. Accessory uses and structures that are 2 accessory and incidental to uses permitted as of right in section 3 4 2.03.08 (A)(2)(a)(1) above. 5 (3) Conditional uses. 6 7 (a) 8 9 (b) 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 E: \ccpgan28PKT(122209).doc Those essential services identified in section 2.01.03 G.2. Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (c) 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 Sept. 27, 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. (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. 104 Text underlined is new text to be added. ti LeHAm '6 be deleted. Text gh GUFFeRt text to Bold text indicates a defined term 1 2 b. Uses allowed where TDR credits have been severed. 3 4 (1) Uses Permitted as of Right: 5 6 (a) Agricultural uses consistent with Sections 163.3162 and 7 823.14(6) Florida Statutes (Florida Right to Farm Act), 8 including water management facilities, to the extent and 9 intensity that such operations exist at the date of any 10 transfer of development rights. Aouaculture shall be 11 permitted in above - around facilities only. 12 13 (b) Cattle grazing on unimproved pasture where no clearing is 14 required; 15 16 (c) Detached single - family dwelling units, including mobile 17 homes where the mobile home Zoning Overlay exists, at a 18 maximum density of one dwelling unit per 40 acres. In 19 order to retain these development rights after any transfer, 20 up to one dwelling must be retained (not transferred) per 21 40 acres. 22 23 (d) One detached dwelling unit, including mobile homes 24 where the mobile home zoning overlay exists, per lot or 25 parcel in existence as of June 22, 1999, that is less than 26 40 acres. In order to retain these development rights after 27 any transfer, up to one dwelling must be retained (not 28 transferred) per each lot or parcel. For the purposes of this 29 provision, a lot or parcel shall be deemed to have been in 30 existence as of June 22, 1999, upon a showing of any of 31 the following: 32 33 i. the lot or parcel is part of a subdivision that was 34 recorded in the public records of the County on or 35 before June 22, 1999; 36 37 ii. a description of the lot or parcel, by metes and 38 bounds or other specific legal description, was 39 recorded in the public records of the County on or 40 before June 22, 1999; or 41 42 iii. an agreement for deed for the lot or parcel, which 43 includes description of the lot or parcel by limited 44 fixed boundary, was executed on or before June 45 22, 1999. 46 47 (e) Habitat preservation and conservation uses. 48 49 (f) Passive parks and passive recreational uses. 50 51 (g) Those essential services identified in section 2.01.03 B. 105 E ACCPCjan28P KT(122209).doc 31 Text underlined is new text to be added 1 Bold text indicates a defined term 2 (h) Oil and gas exploration, subject to applicable state and 3 4 federal drilling permits and Collier County non - 35 environmental site development plan review procedures. 5 Directional - drilling and /or previously cleared or disturbed 6 7 areas shall be utilized in order to minimize impacts to 38 native habitats, where determined to be practicable. This 8 requirement shall be deemed satisfied upon issuance of a 9 state permit in compliance with the criteria established in 10 Chapter 62C -25 through 62C -30, F.A.C., as those rules 11 existed on Sept. 27, 2005 [the effective date of this 12 provision], regardless of whether the activity occurs within 13 the Big Cypress Watershed, as defined in Rule 62C- 14 30.001(2), F.A.C. All applicable Collier County 15 environmental permitting requirements shall be considered 16 satisfied by evidence of the issuance of all applicable 17 federal and /or state oil and gas permits for proposed oil 18 and gas activities in Collier County, so long as the state 19 permits comply with the requirements of Chapter 62C -25 20 through 62C -30, F.A.C. For those areas of Collier County 21 outside the boundary of the Big Cypress Watershed, the 22 applicant shall be responsible for convening the Big 23 Cypress Swamp Advisory Committee as set forth in 24 Section 377.42, F.S., to assure compliance with Chapter 25 62C -25 through 62C -30, F.A.C., even if outside the defined 26 Big Cypress Watershed. All oil and gas access roads shall 27 be constructed and protected from unauthorized uses 28 according to the standards established in Rule 62C- 29 30.005(2)(a)(1) through (12), F.A.C. 30 31 (i) Mitigation in conjunction with any County, state, or federal 32 permitting. 33 34 (2) Conditional uses: 35 36 (a) Those Essential Uses identified in section 2.01.03 G.2. 37 38 (b) Oil and gas field development and production, subject to 39 applicable state and federal field development permits and 40 Collier County non - environmental site development plan 41 review procedures. Directional - drilling and /or previously 42 cleared or disturbed areas shall be utilized in order to 43 minimize impacts to native habitats, where determined to 44 be practicable. This requirement shall be deemed satisfied 45 upon issuance of a state permit in compliance with the 46 criteria established in Chapter 62C -25 through 62C -30, 47 F.A.C., as those rules existed on Sept. 27, 2005 [the 48 effective date of this provision], regardless of whether the 49 activity occurs within the Big Cypress Watershed, as 50 defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier 51 County environmental permitting requirements shall be 106 E: \ccpgan28PKT(122209).doc 107 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 considered satisfied by evidence of the issuance of all 2 applicable federal and /or state oil and gas permits for 3 proposed oil and gas activities in Collier County, so long as 4 the state permits comply with the requirements of Chapter 5 62C -25 through 62C -30, F.A.C. For those areas of Collier 6 County outside the boundary of the Big Cypress 7 Watershed, the applicant shall be responsible for 8 convening the Big Cypress Swamp Advisory Committee as 9 set forth in Section 377.42, F.S., to assure compliance with 10 Chapter 62C -25 through 62C -30, F.A.C., even if outside 11 the defined Big Cypress Watershed. All oil and gas access 12 roads shall be constructed and protected from 13 unauthorized uses according to the standards established 14 in Rule 62C- 30.005(2)(a)(1) through (12), F.A.C. 15 16 (c) Conditional use approval criteria: In addition to the criteria 17 set forth in section 10.08.00 of this Code, the following 18 additional criteria shall apply to the approval of conditional 19 uses within RFMU sending lands: 20 21 i. The applicant shall submit a plan for development 22 that demonstrates that wetlands, listed species 23 and their habitat are adequately protected as 24 specified in Chapters 3, 4 and 10. 25 26 ii. Conditions may be imposed, as deemed 27 appropriate, to limit the size, location, and access 28 to the conditional use. 29 30 C. Density. 31 32 (1) 1.0 dwelling units per 40 gross acres; or 33 34 (2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of 35 June 22, 1999. For the purpose of this provision, a lot or parcel 36 which is deemed to have been in existence on or before June 22, 37 1999 is: 38 39 (a) A lot or parcel which is part of a subdivision recorded in the 40 public records of Collier County, Florida; 41 42 (b) A lot or parcel which has limited fixed boundaries, 43 described by metes and bounds or other specific legal 44 description, the description of which has been recorded in 45 the public records of Collier County Florida on or before 46 June 22, 1999; or 47 48 (c) A lot or parcel which has limited fixed boundaries and for 49 which an agreement for deed was executed prior to June 50 22, 1999. 51 107 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added TPA StAeftGugh a te,a in ha deleted; Bold text indicates a defined term 1 d. Native vegetation retention. As required in Chapter 4. 2 3 e. Other dimensional design standards. Dimensional standards set forth in 4 section 4.02.01 of this Code shall apply to all development in Sending 5 designated lands of the RFMU district, except as follows: 6 7 (1) Lot Area and Width. 8 9 (a) Minimum lot Area: 40 acres. 10 11 (b) Minimum lot Width: 300 Feet. 12 13 (2) Parking. As required in Chapter 4. 14 15 (3) Landscaping. As required in Chapter 4. 16 17 (4) Signs. As required in section 5.06.00. 18 19 5. Specific vegetation standards for the RFMU district. For these specific standards, 20 please refer to section 3.05.07 C. through 3.05.07 E. of this Code. 21 108 E:\ccPCian28PKT(122209).doc 1 2 Text underlined is new text to be added. Text StF kethFOUgh is GuFFeRt text to be deleted. Bold text indicates a defined term Statutes & Constitution :View Statutes :- >2005- >Ch00823 -> Section 14 :Online Sunshine Page 1 of The 2oo8 Florida Statutes Title )a_VI Chapter View Entire Chapter CRIMES PUBLIC NUISANCES 823.14 Florida Right to Farm Act.- - (1) SHORT TITLE.- -This section shall be known and may be cited as the "Florida Right to Farm Act." (2) LEGISLATIVE FINDINGS AND PURPOSE.- -The Legislature finds that agricultural production is a major contributor to the economy of the state; that agricultural lands constitute unique and irreplaceable resources of statewide importance; that the continuation of agricultural activities preserves the landscape and environmental resources of the state, contributes to the increase of tourism, and furthers the economic self - sufficiency of the people of the state; and that the encouragement, development, improvement, and preservation of agriculture will result in a general benefit to the health and welfare of the people of the state. The Legislature further finds that agricultural activities conducted on farm land in urbanizing areas are potentially subject to lawsuits based on the theory of nuisance and that these suits encourage and even force the premature removal of the farm land from agricultural use. It is the purpose of this act to protect reasonable agricultural activities conducted on farm land from nuisance suits. (3) DEFINITIONS. - -As used in this section (a) "Farm" means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products. (b) "Farm operation" means all conditions or activities by the owner, lessee, agent, independent contractor, and supplier which occur on a farm in connection with the production of farm products and includes, but is not limited to, the marketing of produce at roadside stands or farm markets; the operation of machinery and irrigation pumps; the generation of noise, odors, dust, and fumes; ground or aerial seeding and spraying; the application of chemical fertilizers, . conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor. - (c) "Farm product" means any plant, as defined in s. 581.011 or animal useful to humans and includes, but is not limited to, any product derived therefrom. (d) "Established date of operation" means the date the farm operation commenced. If the farm operation is subsequently expanded within the original boundaries of the farm land, the established date of operation of the expansion shall also be considered as the date the original farm operation commenced. If the land boundaries of the farm are subsequently expanded, the established date of operation for each expansion is deemed to be a separate and independent established date of operation. The expanded operation shall not divest the farm operation of a previous established date of operation. (4) FARM OPERATION NOT TO BE OR BECOME A NUISANCE.- - http: / /www.leg. state .fl.us /Statutes/index.ofm?App _mode = Display _Statute &Search_ String... 7/17/2009 E: \ccpgan28PKT(122209).doc illi'] Text underlined is new text to be added Bold text indicates a defined term Statutes & Constitution :View Statutes :- >2005- >Ch0O823 -> Section 14: Online Sunshine page 2 of 3 (a) No farm operation which has been in operation for 1 year or more since its established date of operation and which was not a nuisance at the time of its established date of operation shall be a public or private nuisance if the farm operation conforms to generally accepted agricultural and management practices, except that the following conditions shall constitute evidence of a nuisance: 1. The presence of untreated or improperly treated human waste, garbage, offal, dead animals, dangerous waste materials, or gases which are harmful to human or animal life. 2. The presence of improperly built or improperly maintained septic tanks, water closets, or privies. 3. The keeping of diseased animals which are dangerous to human health, unless such animals are kept in accordance with a current state or federal disease control program. 4. The presence of unsanitary places where animals are slaughtered, which may give rise to diseases which are harmful to human or animal life. (b) No farm operation shall become a public or private nuisance as a result of a change in ownership, a change in the type of farm product being produced, a change in conditions in or around the locality of the farm, or a change brought about to comply with Best Management Practices adopted by local, state, or federal agencies if such farm has been in operation for 1 year or more since its established date of operation and if it was not a nuisance at the time of its established date of operation. (5) WHEN EXPANSION OF OPERATION NOT PERMITTED. - -This act shall not be construed to permit an existing farm operation to change to a more excessive farm operation with regard to noise, odor, dust, or fumes where the existing farm operation is adjacent to an established homestead or business on March 15, 1982. (6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION. --It is the intent of the Legislature to eliminate duplication of regulatory authority over farm operations as expressed in this subsection. Except as otherwise provided for in this section and s. 4$7,051(2), and notwithstanding any other provision of law, a local government may not adopt any ordinance, regulation, rule, or policy. to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation on land classified as agricultural land pursuant to s.. 91 3.461, where such activity is regulated through implemented best - management practices or interim measures developed by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or water management districts and adopted under chapter 120 as part of a statewide or regional program. When an activity of a farm operation takes place within a welifield protection area as defined in any welifield protection ordinance adopted by a local government, and the adopted best - management practice or interim measure does not specifically address welifield protection, a local government may regulate that activity pursuant to such ordinance. This subsection does not limit the powers and duties provided for in s. 373.4592 or limit the powers and duties of any local government to address an emergency as provided for in chapter 252. History.--s. 1, ch. 79 -61; ss. 1, 2, ch. 82 -24; s. 9, ch. 87 -367; s. 75, ch. 93 -206; s. 1279, ch. 97 -102; s. -25, ch. 99 -391; s. 39, ch. 2000 -308. http: / /www.leg. state.fl.us/ Statutes /index.cfjn? App_ mode= Display_Statute&Search_String... 7/17/2009 1 2 110 E:\ccPCian28P KT(122209).doc 1 2 Text underlined is new text to be added. Text stnkethmugh is GurFent te)d to be deleted Bold text indicates a defined term Statues & Constitution :View Statutes : Online Sunshine Page 1 of 4 Title XXX Chapter 597 View Entire Chapter AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY AQUACULTURE 597.004 Aquaculture certificate of registration.-- (1) CERTIFICATION.- -Any person engaging in aquaculture must be certified by the department. The applicant for a certificate of registration shalt submit the following to the department: (a) Applicant's name /title. (b) Company name.. (c) Complete mailing address. (d) Legal property description of all aquaculture facilities. (e) Actual physical street address for each aquaculture facility. (f) Description of production facilities. (g) Aquaculture products to be produced. (h) One- hundred dollar annual registration fee. (i) Documentation that the rules adopted herein have been compiled with in accordance with paragraph (2)(a)• (2) RULES. -- (a) The department, in consultation with the Department of Environmental Protection, the water management districts, environmentat groups, and representatives from the affected farming groups, shalt adopt rules to: 1. Specify the requirement of best- management practices to be implemented by holders of aquaculture certificates of registration.. 2. Establish procedures for holders of aquaculture certificates of registration to submit the notice of intent to comply with best - management practices. 3. Establish schedules for implementation of best - management practices, and of interim measures that can be taken prior to adoption of best- management practices. Interim measures may include the continuation of regulatory requirements in effect on June 30, 1998. 4. Establish a system to assure the implementation of best - management practices, including recordkeeping requirements. http: / /www. leg .state.fl.us /statutes/'mdex.cfm? App_ mode = Display _Statute &Search_Stdng =... 7/17/2009 E: \ccPC)an28PKT(122209). doc 111 Text underlined is new text to be added Bold text indicates a defined term Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 4 (b) Rules adopted pursuant to this subsection shall become effective pursuant to the applicable provisions of chapter 120, but must be submitted to the President of the Senate and the Speaker of the House of Representatives for review by the Legislature. The rules shall be referred to the appropriate committees of substance and scheduled for review during the first available regular session following adoption. Except as otherwise provided by operation of law, such rules shall remain in effect until rejected or modified by act of the Legislature. (c) Notwithstanding any provision of taw, the Department of Environmental Protection is not authorized to institute proceedings against any person certified under this section to recover any costs or damages associated with contamination of groundwater or surface water, or the evaluation, assessment, or remediation of contamination of groundwater or surface water, including sampling, analysis, and restoration of potable water supplies, where the contamination of groundwater or surface water is determined to be the result of aquaculture practices, provided the holder of an aquaculture certificate of registration: 1. Provides the department with a notice of intent to implement applicable best - management practices adopted by the department; 2. Implements applicable best-management practices as soon as practicable according to rules adopted by the department; and 3. Implements practicable interim measures identified and adopted by the department which can be implemented immediately, or according to rules adopted by the department. (d) There is a presumption of compliance with state groundwater and surface water standards if the holder of an aquaculture certificate of registration implements best - management practices that have been verified by the Department of Environmental Protection to be effective at representative sites and complies with the following: 1. Provides the department with a notice of intent to implement applicable best- management practices adopted by the department; 2. Implements applicable best - management practices as soon as practicable according to rules adopted by the department; and 3. Implements practicable interim measures identified and adopted by the department which can be implemented immediately, or according to rules adopted by the department. (e) This section does not limit federally delegated regulatory authority. (f) Any aquatic plant producer permitted by the department pursuant to s. 369.25 shall also be subject to the requirements of this section. (g) Any alligator producer with an alligator farming license and permit to establish and operate an 1 http: / /www. leg. state. fl. us / statutes /mdex.cf n? App_ mode = Disp lay_Statate &Search_String =... 7/17/2009 2 112 E: \ccPCjan28P KT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term Statutes & Constitution :View Statutes: Online Sunshine Page 3 of 4 alligator farm shall be issued an aquacutture certificate of registration pursuant to this section. This chapter does not supersede the authority under 'chapter 372 to regulate alligator farms and alligator farmers. (3) FEES. -- Effective July 1, 1997, at[ fees collected pursuant to this section shall be deposited into the General Inspection Trust Fund in the Department of Agriculture and Consumer Services. (4) IDENTIFICATION OF AQUACULTURE PRODUCTS. -- Aquaculture products shall be identified while possessed, processed, transported, or sold as provided in this subsection. (a) Aquaculture products shall be identified by an aquacutture certificate of registration number from harvest to point of sale. Any person who possesses aquaculture products . must show, by appropriate receipt, bill of sale, bill of lading, or other such manifest where the product originated. (b) Marine aquaculture products shall be transported in containers that separate such product from wild stocks, and shall be identified by tags or labels that are securely attached and clearly displayed. (c) Each aquaculture registrant who sells food products labeled as "aquaculture or farm raised" must . have such products containerized and clearly labeled in accordance with s. 500_,.11 Label information must include the name, address, and aquaculture certification number. This requirement is designed to segregate the identity of wild and aquaculture products. (5) SALE OF AQUACULTURE PRODUCTS:- - (a) Aquaculture products, except shellfish, snook, and any fish of the genus Micropterus, and prohibited and restricted freshwater and marine species identified by rules of the Fish and Wildlife Conservation Commission, may be sold by an aquaculture producer certified pursuant to s. 597.004 without restriction so long as product origin can be identified. (b) Aquaculture shellfish must be sold and handled in accordance with s. 597.020. (6) REGISTRATION AND RENEWALS. -- (a) Each aquaculture producer must apply for an aquaculture certificate of registration with the department and submit the appropriate fee. Upon department approval, the department shall issue the applicant an aquaculture certificate of registration for a period not to exceed 1 year. Beginning July 1, 1997, and each year thereafter, each aquacutture certificate of registration must be renewed with fee, pursuant to this chapter, on July 1. (b) The department shalt send notices of registration to all aquaculture producers of record requiring them to register for an aquaculture certificate. Renewal notices shalt be sent to the registrant 60 days preceding the termination date of the certificate of registration. Prior to the termination date, the registrant must return a completed renewal form with fee, pursuant to this chapter, to the department. http: / /www. leg .state.fl,uslstatateslindex.cfin? App_ mode = Display _Statute &Search_String =... 7/17/2009 113 E:\ccpga n28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 4 (c) Any person whose certificate of registration has been revoked or suspended must reapply to the department for certification. History.--s. 27, ch. % -247; s. 54, ch. 97 -98; s. 26, ch. 98 -333; s. 11, ch. 99 -390; s. 78, ch. 2000 -158; S. 27, ch. 2000 -364; s. 9, ch. 2008 -107. 'Note.--Transferred to chapter 379 by ch. 2008 -247. 1 http: / /www.leg. state. fl. us / statutes / index. cfm? App_mode= Display_Statate &Search String =... 7/17/2009 2 M11 E: \ccpgan28PKT(122209).doc 1 2 Statutes & Constitution :View Statutes : Online Sunshine Select Year. 20081 The 2oo8 Florida Statutes Title X)D(II REGULATION OF PROFESSIONS AND OCCUPATIONS 487.051 Administration; rules; procedure.— (1) The department may by rule: Text underlined is new text to be added. Bold text indicates a defined term Page 1 of 2 Chapter 487 View Entire PESTICIDE REGULATION AND Chapte r SAFETY (a) Declare as a pest any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles, or substances. (b) Establish procedures for the taking and handling of samples and establish tolerances and deficiencies where not specifically provided for in this part; assess penalties; and prohibit the sale or use of pesticides or devices shown to be detrimental to human beings, the environment, or agriculture or to be otherwise of questionable value. (c) Determine whether pesticides, and quantities of substances contained in pesticides, are injurious to the environment. The department shall be guided by the United States Environmental Protection Agency regulations in this determination. (d) Establish requirements governing aircraft used for the aerial application of pesticides, including requirements for recordkeeping, annual aircraft registration, secure storage when not in use, area -of- application information, and reporting any sale, lease, purchase, rental, or transfer of such aircraft to another person, (e) Establish requirements governing the secure storage of pesticides used by aerial pesticide applicators. (2) The department is authorized to adopt by rule the primary standards established by the United States Environmental Protection Agency with respect to pesticides. If the provisions of this part are preempted in part by federal law, those provisions not preempted shall apply. This part is intended as comprehensive and exclusive regulation of pesticides in this state. Except as provided in chapters 373, 376, 388, 403, and 482, or as otherwise provided by law, no agency, commission, department, county, municipality, or other political subdivision of the state may adopt laws, regulations, rules, . or policies pertaining to pesticides, including their registration, packaging, labeling, distribution, sale, or use, except that local jurisdictions may adopt or enforce an ordinance pertaining to pesticides if that ordinance is in the area of occupational license taxes, building and zoning regulations, disposal or spillage of pesticides within a water well zone, or pesticide safety regulations relating to containment at http: / /www. leg .state- fl.us/Statuteslindex -cfm? App_ mode = Display _Statute &Search_string... 7/17/2009 E: \ccPCjan28P KT(122209).doc 115 Text underlined is new text to be added TeA Bold text indicates a defined term Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 the storage site. History.--s. 1, ch. 65 -457; ss. 14, 35, ch. 69 -106; s. 179, ch. 71.377; ss. 5, 6, ch. 73 -63; S. 6, ch. 78.95; s. 2, ch. 82.106; ss. 16, 37, ch. 92 -115; s- 13, ch. 94.233; s. 477, ch. 97 -103; s. 20, ch. 2000 -154; S. 1, ch. 2001.360; s. 32, ch. 2004-64. Copyright ®1995 -2009 The Florida Legislature . Pdvacy Statement . Contact Us 1 http://www.leg- state. fl. us / Statutes / index .efm ?App_mode= Display_Statute &Search String... 7/17/2009 2 116 E: \ccPC:ian28PKT(122209).doc Text underlined is new text to be added. Text strikethfough is GUFFBRt text to be deleted. Bold text indicates a defined term Statutes & Constitution :View Statutes: Online Sunshine Page 1 of 1 D112 -M Chapter 597 Vi nKire Chanter AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY AQUACULTURE 597.002 Legislative declaration of public policy respecting aquaculture.- -The Legislature declares that aquacutture is agriculture and, as such, the Department of Agriculture and Consumer Services shall be the primary agency responsible for regulating aquaculture, any other law to the contrary notwithstanding. The only exceptions are those areas required by federal law, rule, or cooperative agreement to be regulated by another agency. The Legislature declares that, in order to effectively support the growth of aquaculture in this state, there is a need for a state aquaculture plan that will provide for the coordination and prioritization of state aquaculture efforts and the conservation and enhancement of aquatic resources and will provide mechanisms for increasing aquaculture production which may lead to the creation of new industries, job opportunities, income for aquaculturists, and other benefits to the state. The state aquaculture plan shall guide the research and development of the aquaculture industry. Funds designated by the Legislature for aquaculture research and development or for contracting for aquaculture research and development shall be used to address the projects and activities designated in the state aquaculture plan. Any entity receiving legislative funding for aquaculture research and development programs shall report annually to the department all activities related to aquaculture to facilitate coordination and compliance with the state aquaculture plan. 1 http: / /www. leg. state.fLus/stamteslindex.cfm ?mode = View" /o2OStattites &SubMenu =1 &App... 7/1712009 2 117 E: \ccpgan28P KT(l 22209). doc Text underlined is new text to be added Bold text indicates a defined term Statutes & Constitution :View Statutes: Online Sunshine Page I of I UEUACRE En e C )fiAGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY AQU 597.002 Legislative declaration of public policy respecting aquaculture. - -The Legislature declares that aquaculture is agriculture and, as such, the Department of Agriculture and Consumer Services shall be the primary agency responsible for regulating aquaculture, any other law to the contrary notwithstanding. The only exceptions are those areas required by federal law, rule, or cooperative agreement to be regulated by another agency. The Legislature declares that, in order to effectively support the growth of aquaculture in this state, there is a need for a state aquaculture plan that will provide for the coordination and prioritization of state aquaculture efforts and the conservation and enhancement of aquatic resources and wit[ provide mechanisms for increasing aquaculture production which may lead to the creation of new industries, job opportunities, income for aquaculturists, and other benefits to the state. The state aquaculture plan shall guide the research and development of the aquaculture industry. Funds designated by the Legislature for aquaculture research and development or for contracting for aquaculture research and development shall be used to address the projects and activities designated in the state aquaculture plan. Any entity receiving legislative funding for aquaculture research and development programs shall report annually to the department al( activities related to aquaculture to facilitate coordination and compliance with the state aquaculture plan. 1 http: / /www.leg.state.fl.us/ statutes /index.cfm? mode= View%20%tutes &SubMenu =1 &App... 7/17/2009 2 118 E: \ccPCia n28PKT(122209). d oc 1 2 Text underlined is new text to be added. Text stFikethF061gh is SUFF9Rt text to be deleted. Bold text indicates a defined term Statutes & Constitution :View Statutes > >2005- >Ch00163- >Section 3162 : Online Sunshi... Page 1 of 3 Select Year: 2008' The 2008 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3162 Agricultural Lands and Practices Act. -- (1) SHORT TITLE.- -This section may be cited as the "Agricultural Lands and Practices Act." (2) LEGISLATIVE FINDINGS AND PURPOSE.- -The Legislature finds that agricultural production is a major contributor to the economy of the state; that agricultural lands constitute unique and irreplaceable resources of statewide importance•, that the continuation of agricultural activities preserves the landscape and environmental resources of the state, contributes to the increase of tourism, and furthers the economic self- sufficiency of the people of the state; and that the encouragement, development, and improvement of agriculture will result in a general benefit to the health, safety, and welfare of the people of the state. It is the purpose of this act to protect reasonable agricultural activities conducted on farm lands from duplicative regulation. (3) DEFINITIONS. - -As used in this section, the term: (a) "Farm' Is as defined in s. 823.14. (b) "Farm operation" is as defined in s. 82314. (c) "Farm product" means any plant, as defined in s. 581.011, or animal useful to humans and includes, but is not limited to, any product derived therefrom. (4) DUPLICATION OF REGULATION. -- Except as otherwise provided in this section and s. 487_051(2), and notwithstanding any other law, including any provision of chapter 125 or this chapter, a. county may not exercise any of its powers to adopt any ordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation on land classified as agricultural land pursuant to s. 193_461, if such activity is regulated through implemented best management practices, interim measures, or regulations developed by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or a water management district and adopted under chapter 120 as part of a statewide or regional program; or if such activity is expressly regulated by the United States Department of Agriculture, the United States Army Corps of Engineers, or the United States Environmental Protection Agency. (a) When an activity of a farm operation takes place within a wellfield protection area as defined in any http:Hwww. leg. state .fl.us /Statuteslindex.cfm?App_ mode= Display_Statute&Searcb _String... 7/17/2009 E: \ccPC)an28P KT(122209).doc ME Text underlined is new text to be added Bold text indicates a defined term Statutes & Constitution :View Statutes: Online Sunshine Page 2 of 2 the storage site. History. - -s. 1, ch. 65 -457; ss. 14, 35, ch. 69.106; s. 179, ch. 71 -377; ss. 5, 6, ch. 73 -63; s. 6, ch. 78.95; s. 2, ch. 82.106; ss. 16, 37, ch. 92 -115,. s. 13, ch. 94.233; s. 477, ch. 97 -103; s. 20, ch. 2000 -154; s. 1, ch. 2001 -360; s. 32, ch. 2004 -64. Copyright ®1995 -2009 The Florida Legislature • Privacy Statement • Contact Us 1 http ; / /www.leg. state. fl. us / Statutes / index .cfm ?App_mocie= Display_Statate &Search String... 7/17/2009 2 120 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term Statutes & Constitution :View Statutes: Online Sunshine Page l of 1 lit a Chapter 597 View wEtjL Chanter AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY AQUACULTURE 597.002 Legislative declaration of public policy respecting aquaculture.- -The Legislature declares that aquaculture is agriculture and, as such, the Department of Agriculture and Consumer Services shall be the primary agency responsible for regulating aquaculture, any other law to the contrary notwithstanding. The only exceptions are those areas required by federal law, rule, or cooperative agreement to be regulated by another agency. The Legislature declares that, in order to effectively support the growth of aquaculture in this state, there is a need for a state aquaculture plan that will provide for the coordination and prioritization of state aquaculture efforts and the conservation and enhancement of aquatic resources and will provide mechanisms for increasing aquaculture production which may lead to the creation of new industries, job opportunities, income for aquaculturists, and other benefits to the state. The state aquaculture plan shall guide the research and development of the aquaculture industry. Funds designated by the Legislature for aquaculture research and development or for contracting for aquaculture research and development shall be used to address the projects and activities designated in the state aquaculture plan. Any entity receiving legislative funding for aquaculture research and development programs shall report annually to the department all activities related to aquaculture to facilitate coordination and compliance with the state aquaculture plan. 1 http: / /www. leg .state.tl.us /statutes/index.cfm ?mode =V iew%20Statutes &SubMenu =1 &App... 7/17/2009 2 121 E: \ccPCjan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term Statutes & Constitution :View Statutes : >2005- >Ch00163- >Section 3162 : Online Sunshi... Pagel of 3 Select Year: 2008 The 2008 Florida Statutes Title Xl Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL C a ter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3162 Agricultural Lands and Practices Act.- - (1) SHORT TITLE.- -This section maybe cited as the "Agricultural Lands and Practices Act." (2) LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature finds that agricultural production is a major contributor to the economy of the state; that agricultural lands constitute unique and irreplaceable resources of statewide importance; that the continuation of agricultural activities preserves the landscape and environmental resources of the state, contributes to the increase of tourism, and furthers the economic self - sufficiency of the people of the state; and that the encouragement, development, and improvement of agriculture will result in a general benefit to the health, safety, and welfare of the people of the state. It is the purpose of this act to protect reasonable agricultural activities conducted on farm lands from duplicative regulation. (3) DEFINITIONS. - -As used in this section, the term: (a) "Farm" is as defined in s. 28 3.14. (b) "Farm operation' is as defined in s. 82314. (c) "Farm product" means any plant, as defined in s. 58 011, or animal useful to humans and includes, but is not limited to, any product derived therefrom. (4) DUPLICATION OF REGULATION. -- Except as otherwise provided in this section and s. 487_051(2), and notwithstanding any other law, including any provision of chapter 125 or this chapter, a county may not exercise any of its powers to adopt any ordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation an land classified as agricultural land pursuant to s. 193_461, if such activity is regulated through implemented best management practices, interim measures, or regulations developed by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or a water management district and adopted under chapter 120 as part of a statewide or regional program; or if such activity is expressly regulated by the United States Department of Agriculture, the United States Army Corps of Engineers, or the United States Environmental Protection Agency. (a) When an activity of a farm operation takes place within a wetifietd protection area as defined in any http: / /www.leg.state.fl.us /Statutes /index.cfm? App_ mode = Display _Statute &Search_String... 7/17/2009 ip*A E: \ccPCian28PKT(122209).doc Text underlined is new text to be added. Text strikethFOugh 66 GUFFeRt te)d to be deleted. Bold text indicates a defined term Statutes & Constitution :View Statutes :- >2005- >Ch00163- >Section 3162 t Online Sunshi... Page 2 of 3 wetlfield protection ordinance adopted by a county, and the implemented best management practice, regulation, or interim measure does not specifically address wellfield protection, a county may regulate that activity pursuant to such ordinance. This subsection does not limit the powers and duties provided for in s. 373.4592 or limit the powers and duties of any county to address an emergency as provided for in chapter 252. (b) This subsection may not be construed to permit an existing farm operation to change to a more excessive farm operation with regard to traffic, noise, odor, dust, or fumes where the existing farm operation is adjacent to an established homestead or business on March 15, 1982. (c) This subsection does not limit the powers of a predominantly urbanized county with a population greater than 1,500,000 and more than 25 municipalities, not operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the Constitution of 1885, as preserved by s. 6(e), Art. VIII of the Constitution of 1968, which has a delegated pollution control program under s. 403.182 and includes drainage basins that are part of the Everglades Stormwater Program, to enact ordinances, regulations, or other measures to comply with the provisions of s. 373.4592, or which are necessary to carrying out a county's duties pursuant to the terms and conditions of any environmental program delegated to the county by agreement with a state agency. (d) For purposes of this subsection, a county ordinance that regulates the transportation or land application of domestic wastewater residuals or other forms of sewage sludge shalt not be deemed to be duplication of regulation. (5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN. —The owner of a parcel of land defined as an agricultural enclave under s. 163,316 (33) may apply for an amendment to the local government comprehensive plan pursuant to s. 163.3187. Such amendment is presumed to be consistent with rule 9J- 5.006(5), Florida Administrative Code, and may include land uses and intensities of use that are consistent with the uses and intensities of use of the industrial, commercial, or residential areas that surround the parcel. This presumption may be rebutted by clear and convincing evidence. Each application for a comprehensive plan amendment under this subsection for a parcel larger than 640 acres must include appropriate new urbanism concepts such as clustering, mixed -use development, the creation of rural village and city centers, and the transfer of development rights in order to discourage urban sprawl while protecting landowner rights. (a) The local government and the owner of a parcel of land that is the subject of an application for an amendment shall have 180 days following the date that the Local government receives a complete application to negotiate in good faith to reach consensus on the land uses and intensities of use that are consistent with the uses and intensities of use of the industrial, commercial, or residential areas that surround the parcel. Within 30 days after the local government's receipt of such an application, the local government and owner must agree in writing to a schedule for information submittal, public hearings, negotiations, and final action on the amendment, which schedule may thereafter be altered only with the written consent of the local government and the owner. Compliance with the schedule in the written agreement constitutes good faith negotiations for purposes of paragraph (c). http: / /www.leg. state .fl.usIStatutesrindex.cfm?App_ mode = Display _Statute&Search_String... 7/17/2009 123 E: \ccPCian28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term Stables & Constitution :View Statutes : >2005- >Ch00163- >Section 3162: Online Sunshi... Page .3 of 3 (b) Upon conclusion of good faith negotiations under paragraph (a), regardless of whether the local government and owner reach consensus on the land uses and intensities of use that are consistent with the uses and intensities of use of the industrial, commercial, or residential areas that surround the parcel, the amendment must be transmitted to the state land planning agency for review pursuant to s. 163.3184. If the local government fails to transmit the amendment within 180 days after receipt of a complete application, the amendment must be immediately transferred to the state land planning agency for such review at the first available transmittal cycle. A plan amendment transmitted to the state land planning agency submitted under this subsection is presumed to be consistent with rule 9J- 5.006(5), Florida Administrative Code. This presumption may be rebutted by clear and convincing evidence. (c) If the owner fails to negotiate in good faith, a plan amendment submitted under this subsection is not entitled to the rebuttable presumption under this subsection in the negotiation and amendment process. (d) Nothing within this subsection relating to agricultural enclaves shall preempt or replace any protection currently existing for any property located within the boundaries of the following areas: 1. The Wektva Study Area, as described in S. 369.316; or 2. The Everglades Protection Area, as defined in s. 373.4592(2). History. - -s. 1, ch. 2003 -162; s. 2, ch. 2006-255. I Copyright ®1995 -2009 The Florida Legislature • Privacy Statement • Contact Us hftp: / /www.leg.state -fl.usI Statutes / index .ofm ?App_mode= Display_Statute &Search String... 7/17/2009 124 E:\ccpgan28P KT(122209).doc Text underlined is new text to be added. Text st0kethFough is GUFFBnt teld t9 be deleted. Bold text indicates a defined teen 2 LDC Amendment Reauest 4 5 ORIGIN: Community Development & Environmental Services Division 7 AUTHOR: Stephen Lenberger, Senior Environmental Specialist 8 9 DEPARTMENT: Engineering and Environmental Services Department 10 11 AMENDMENT CYCLE: 2009 Cycle 12 13 LDC PAGE: LDC3:14 & LDC3:23 14 15 LDC SECTION(S): 3.04.01 Generally 16 3.04.02 Species Specific Requirements 17 3.04.03 Requirements for Protected Plants 18 3.04.04 Penalties for Violation: Resort to Other Remedies 19 20 CHANGE: Include criteria for protection of selected listed plants. 21 Scrivener's error to correct lettering/numbering in section 3.04.02 22 Update the gopher tortoise and bald eagle sections for consistency with the 23 FFWCC Bald Eagle and Gopher Tortoise Management Plans approved in April 24 2008 and September 2007, as requested by the EAC during the 2008 LDC 25 amendment cycle. 26 Revisions with regards to the listed species section in general, gopher tortoise and 27 listed plants, per direction received from the CCPC during the 2008 LDC 28 amendment cycle. 29 Revisions to address concerns of stakeholders 30 Renumbering of remaining section 31 32 REASON: Evaluation for protection of listed plants is required as part of the EAR -based GMP 33 amendment to CCME Policy 7.1.6. Policy 7.1.6 states the following: 34 35 "The County shall evaluate the need for the protection of listed plants and within one (1) year of 36 the effective date of this amendment adopt land development regulations addressing the 37 protection of listed plants." 38 39 Scrivener's error to correct lettering/numbering in section 3.04.02 40 41 Update the gopher tortoise and bald eagle sections of the LDC for consistency with the FFWCC 42 management plans for the Bald Eagle and Gopher Tortoise approved in April 2008 and 43 September 2007, as requested by the Environmental Advisory Council (EAC). The Collier 44 County Planning Commission (CCPC) also requested that staff evaluate these sections in light of 45 recent changes in State requirements for these species. The State management plans for these 46 species were not in effect at the time the sections of the LDC were last amended. 47 125 E: \ccPejan28PKT(122209).doc Text undedined is new text to be added Text strikethrough is A-lFrAnt text in he dsleted; Bold text indicates a defined term 1 An evaluation of plants listed as endangered, threatened or commercially exploited by the 2 Florida Department of Agriculture and Consumer Services as contained in Chapter 513- 40.0055 3 F.A.C. is the basis for the proposed protection of selected plant species. None of the plants 4 within Collier County are listed as endangered or threatened under the Federal Endangered 5 Species Act. 6 7 The State Regulated Plant index lists 431 Endangered, 114 Threatened and 8 Commercially 8 Exploited plants in the State of Florida. Of these, at least 124 species have been documented to 9 occur in Collier County, many of which are only found in the eastern parts of the county, in State 10 and Federal preserves. Since most of these listed plants are already protected within preserves, 11 staff identified those species known to occur outside the eastern portions of the county. Staff also 12 concentrated on species where relocation is feasible. Many of the plants included in the proposed 13 amendment are described as having declining populations or populations which are very small in 14 size or limited in distribution. Others are susceptible to over collecting for commercial purposes 15 and have been listed as such by the State. 16 17 It should be noted that the listed species referenced in the preserve selection criteria pursuant to 18 CCME Policy 6.1.1 (4) are specific towards listed wildlife (animal) species and do not include 19 listed plants. Other than for relocation, listed plants would only be protected if preserved as part 20 of the habitat selected according to the preserve selection criteria of this Policy. Relocation of 21 listed plants into preserves is in keeping with the intent of CCME Policy 6.1.1 (6), in maintaining 22 natural diversity within preserves. The Environmental Advisory Council (EAC) has also 23 encouraged relocation of listed epiphytic plants into preserves when suitable habitat is preserved 24 on site. 25 26 The regulations in section 3.04 are applicable to lands within the Urban Designated areas and 27 within the RFMUD, as identified on the Future Land Use Map for Collier County. Agricultural 28 operations that fall within the scope of sections 163.3162(4) or 823.14(6), F.S., all development 29 within the RLSA District, except as specifically provided in section 4.08.00, and all development 30 within the NBMO, except as specifically provided in section 2.03.08 are exempt from the 31 provisions of section 3.04.00. (3.04.01 B.2 LDC) 32 33 The plants listed in the amendment generally occur either in forested wetlands (not totally 34 dominated by slash pine), hammocks, scrub or coastal barrier islands. They can also be relocated 35 by an environmental consultant with reasonable effort. Although epiphytic species could 36 potentially occur in all levels of the canopy, the epiphytic plants listed as Rare in this amendment 37 would most like occur in lower levels of the canopy, closer to the ground or water where 38 moisture levels are higher, as they all occur in forested wetlands. In rare instances they may 39 occur in the upper levels of the canopy, in wetlands with good hydrology (longer periods of 40 inundation). Wetlands with hydrology able to support epiphytic species listed as Rare in this 41 amendment, in the upper levels of the canopy would generally have high functionality scores and 42 would most likely be protected during the permitting process with the State and Federal 43 agencies. Exceptions to this might include isolated wetlands such as cypress domes, which may 44 have good hydrology but lower functionality scores when located away from other natural areas. 45 Epiphytic species of plants listed as Rare in this amendment would only be required to be 46 relocated if located within eight feet off the ground. Plants listed as Rare in the amendment are 47 extremely rare. 126 E: \ccPgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 2 Epiphytic plants listed as Less Rare in this amendment would also only be required to be 3 relocated if located within eight feet off the ground, but only if the species is not already present 4 within the preserve. When available, only two plants per species per acre of plants listed as Less 5 Rare would be required to be relocated, up to a maximum of ten plants per species per preserve, 6 in order to establish a seed source within the preserve. When available, seed of Tillandsia may be 7 transferred to a preserve in lieu of relocating plants, since fresh seed transferred to the bark of 8 trees prior to the onset of the rainy season have good success rates. 9 10 Although many of these plants occur throughout much of the County, plants listed as Less Rare 11 in this amendment are often localized and only found in certain types of environments. Habitat 12 fragmentation and drainage have affected populations of these plants. Habitats occupied by these 13 species are usually forested and include both wetlands and uplands which have been protected 14 from fire. When available, all plants listed in this amendment, other than for Tillandsia, may be 15 planted (or fastened to woody vegetation in the case of epiphytic species) within preserves from 16 nursery grown stock in lieu of relocation. Tillandsia has been excluded to prevent accidental 17 introduction of exotic Metamasius weevil from nursery grown stock into wild populations of 18 Tillandsia (see below). All the plants listed as Less Rare in this amendment are epiphytic. 19 20 Relocation of Tillandsia species listed in this amendment would not be allowed where 21 populations of these plants are infested with non - native Metamasius weevil that feed on 22 Tillandsia and other types of bromeliad. Metamasius callizona is particularly destructfull and 23 since its discovery in Broward County in 1989, has spread throughout much of south Florida by 24 both natural dispersal and by movement of infested plants. This species has the potential to wipe 25 out many populations of Tillandsia in Florida, and has already done so in some localities. The 26 species has also been documented within the Fakahatchee Strand State Preserve, the site of most 27 of the State's listed bromeliad species. Other species of non - native Metamasius weevil also occur 28 within the state (Metamasius hemipterus) or have been found in shipments of bromeliads from 29 neotropical countries (Metamasius flavopictus, Metamasius sellatus, Metamasius 30 quadrilineatus). 31 32 One listed plant also know to occasionally occur outside the eastern portions of the county is 33 hand fern (OphioQlossum palmatum , a plant which grows almost exclusively on the trunks of 34 cabbage palm in moist hammocks or swamps. Relocation of this plant would be impractical 35 since it is dependent on the micro climate in which it lives and would have to be relocated 36 together attached to the cabbage palm it is growing on, to a suitable habitat on site, if another 37 suitable habitat were to exist on site. Since this species naturally occurs on cabbage palms 38 growing in association hardwoods in hammocks or in swamps, they would most likely be 39 preserved during the permitting process with the State and Federal permitting agencies. Wetlands 40 with high functionally scores and hardwood hammocks, where this species most likely occurs, 41 also rate high according to the County's preserve selection criteria. For these reasons, this 42 species was not included in the amendment. 43 44 Other listed plants which occur either in hammocks or on coastal barriers include satin leaf 45 (Chrysoph ly lum olivaeforme), Simpson's stopper (Myreianthes fragrans and wild cotton 46 (Gossypium hirsutum). Like the hand fern, these species would likely be protected by the 47 County's preserve selection criteria since the habitats in which they occur, rate high among the 127 E: \CCP Cjan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 criteria. Relocation of two species, Simpson's stopper and satin leaf, would also be difficult due 2 to the size of mature plants and types of habitats in which they occur. All three of these species 3 could easily be added to preserves from container grown stock, as all are available commercially. 4 In contrast, wild cotton is a short lived plant which must regenerate itself by seed on a more 5 frequent basis in order to persist in the environment. For these reasons, these three species were 6 not included in the amendment. 7 8 Another plant which occurs on coastal barriers is west coast prickly apple (Harrisia gracilis), a 9 rare member of the cactus family. Since this plant is quite rare and fairly easy to transplant, it to was included in the amendment. Unlike satin leaf, Simpson's stopper and wild cotton, 11 commercial availability of this plant would be extremely limited, if it was available at all. 12 13 FISCAL & OPERATIONAL IMPACTS: Where the listed plants identified in this amendment 14 occur on site and where relocation is required, additional expense will be incurred upon the 15 applicant to relocate them. A survey of three environmental firms who regularly conduct 16 business in the county, indicate an average hourly rate of $120 for this type work. Preserve 17 management plans may have to address specific needs for listed plants in order to insure their 18 survival, but for most species this would not be necessary. An example would be maintaining 19 open areas free of woody vegetation in scrub habitat for Curtiss' milkweed. It should be noted 20 for scrub in particular, that maintaining open areas with and without ground cover is necessary 21 for the survival of many of the species found in this type environment. Thus management for 22 Curtiss' milkweed would not require management much different than that for the habitat itself. 23 Specific management needs for this plant species might include surveying for the species every 24 few years during regular monitoring events, and making sure the area around existing plants is 25 kept free of woody vegetation and invasive ground covers. Epiphytic species of listed plants such 26 as Tillandsia (bromeliads) and orchids live attached to trees and shrubs in their environment and 27 should not require additional management when relocated to a suitable environment. 28 Preservation or relocation of all the plants identified in this amendment should require little in 29 the way of additional management other than that for general management of the preserve itself, 30 if any additional management for these species is needed at all. 31 32 During the 2008 LDC amendment hearings, the Planning Commission asked staff to provide 33 general information as to cost of relocation and management for gopher tortoises. Staff contacted 34 several environmental firms who regularly conduct business in the area to provide an estimate. 35 Staff also reviewed the FFWCC Gopher Tortoise Management Plan and FFWCC Gopher 36 Tortoise Permitting Guidelines to obtain costs associated with permitting for the State. 37 38 According to the environmental firms contacted, costs for producing a gopher tortoise 39 management plan ranged from $750 to $5,000, and this depends on the size of the project. 40 Average costs were in the $1,000 to $2,500 range. Field work to implement the plan once 41 approved was about $1,500 /day. Surveying for gopher tortoise burrows also averaged 42 $1,500 /day. Other types of management activities cost more. Mowing vegetation in order to 43 maintain habitat suitable for tortoises, for example, ranged from $50 to $100/hour. A $4,000 /day 44 price was given by one consultant to conduct a prescribed fire. 45 46 Relocation of gopher tortoises cost about $2,500 /day (environmental consultant and backhoe 47 operator fees combined). Soil conditions, density of vegetation, and the presence of rock all had 128 E: \ccpgan28P KT(122209). doc 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 Text underlined is new text to be added. T8A StF L..M.... ..1. 16 e .FBRt text to be deleted. Bold text indicates a defined term an effect on the amount of time needed to excavate burrows. Temporary fencing to contain tortoises during construction averaged around $4 to $6/linear foot, installed. Estimates on installation of permanent fencing (chain link fence) to contain gopher tortoises ranged from $5.50 to $12.00 /linear foot. These consisted of a 4 foot high chain link fence buried about 2 feet below ground. Permits from the Florida Fish and Wildlife Conservation Commission (FFWCC) to relocate gopher tortoises are a few hundred dollars per permit. Mitigation Contributions for these permits rise significantly when tortoises are relocated to unprotected areas ($3,000 for each tortoise) or in emergency take situations ($4,000 per tortoise). The difference in Mitigation Contributions for protected and unprotected sites is to encourage relocation of tortoises to sites which are protected in perpetuity. The option of whether to relocate gopher tortoises to protected or unprotected sites, and therefore to one that is managed for gopher tortoises or not, lies with the applicant. Relocation could occur on public or private land, according to the FFWCC Gopher Tortoise Management Plan. Authorized recipient sites for gopher tortoises must meet specific site criteria identified in the FFWCC Gopher Tortoise Management Plan. A range of $1000 to $2,500 /tortoise was given by one consultant for recipient sites to accept gopher tortoises. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Evaluation for protection of listed plants is required as part of the EAR -based GMP amendment to CCME Policy 7.1.6. OTHER NOTES/VERSION DATE: Created August 7, 2009. Revised August 20, 2009 Amend the LDC as follows: 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES 3.04.01 Generally A. The purpose of this section is to protect species in the County, by including measures for protection and /or relocation of endangered, threatened, or species of special concern listed by: 1. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened, or species of special concern, and as provided for the bald eagle in F.A.C. 68A-16.002. 2. United States Fish and Wildlife Service (USFWS) as endangered or threatened, and as provided for by the Bald and Golden Eagle Protection Act. ci...., irrrcc� B. Applicability and Exemptions. 1. General Applicability: Except as provided in 2 below, all new development shall 129 E: \ccPCian28PKT(122209).doc 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 Text underlined is new text to be added Bold text indicates a defined term be directed away from listed species and their habitats by complying with the guidelines and standards set forth in this section. 2. Exemptions: The following are exempt from the provisions of this Section: a. Agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes; b. All development within the RLSA District, except as specifically provided in section 4.08.00; and C. All development within the NBMO, except as specifically provided in section 2.03.08. C. FIR RRd rnManagement plans. 1. Exemption. Single- family lap tted lots EIS er a management 32. Management Plans. n a lot of record t4ata�e- flet-pat# shall not be required to prepare an a. General Requirements. A wildlife management plan shall be required for all projects where the wildlife survey indicates listed species are utilizing the site, or where bald eaale nests orrur nn tha Qito nr within #_ Q FFWCC. These plans shall describe how the project directs incompatible land uses away from listed these species and their habitats and shall incorporate proper techniques to protect listed these species and their habitat, and the nests of bald eagles from the negative impacts of proposed development. Incompatible land uses and Droner tP.ChniniiPB References. Management guidelines contained in various agency E: \CCPgan28PKT(122209).doc 130 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 Text underlined is new text to be added. Text str kethrough is Ai FFAnt text to he dRieted Bold text indicates a defined term D. Protective measures. All developments subject to this section shall adhere to the following: General. a. In those areas where clustering is permitted, all developments shall be clustered to discourage impacts to listed species habitats. b. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. C. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. d. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. e. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the habitat of that listed species, as provided in section 4.06.04. f. Management Plans shall contain a monitoring program for developments greater than 10 acres. g. Letters of technical assistance from the FFWCC and /or recommendations from the USFWS shall be deemed to be consistent with the GMP. Other forms of technical assistance from the FFWCC and /or USFWS shall be acceptable based on the nature of the evaluation. E. Single- family platted lots or construction of a single - family home, including accesso uses and structures, on a lot of record, and ^^^ half (7 V2) ^ ^r^r. ^r '^r^ On size; shall be exempt from the requirements set forth in sections 3.04.02 A, C, E, F, G B. and 3.04.03, but shall comply when required as part of the subdivision in which they are located 131 E: \ccpgan28P KT(122209).doc _ 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 Text underlined is new text to be added Bold text indicates a defined term PUMuant to this Other agency approvals may be required in accordance with 10.02.06 C. 3.04.02 Species Specific Requirements "llunlC oatvlce u7 Issuing aeyelopment oroers on property containing listed species It IS uuvineg consistent wlm the Growth management Plan The following specific species management and protection plans shall be applicable, in addition to those required by other provision in this section 3.04.00: A. Gopher Tortoise (GopheFUS pelyphemus Gopherus Polyphemus). 1. All native habitats occupied by gopher tortoises,, `h°Its, and the associated listed commensals are hereby protected. 2. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, molest, pursue or attempt to engage in any such conduct, any gopher tortoise, and to alter, destroy, or degrade the functions and values of their burrows or aatwFa} habitat, unless otherwise provided for in this section. 3. All gopher tortoise burrows are protected, and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. OWN 5. When gopher tortoises are identified on -site, a habitat protection and /or management plan or off -site relocation plan, as prepared by a FFWCC permitted Authorized Gopher Tortoise Relocation Agent shall be submitted to the County Manager or designee for review and approval. E:\ccpgan28PKT(122209).doc 132 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 Text underlined is new text to be added. Bold text indicates a defined term 6. The on -site habitat protection and /or management plan shall include, but not be limited to, the following items: a. A stui:rent gopher tortoise survey no more than 6 months old or within the time frame recommended by the FFWCC, which shah may be field- verified by PlaRRiR9 GePViGe6 rtaff the Countv Manager or designee. b. A proposal for either maintaining the habitat for the population is place on site or relocating tt the existing population to a gopher tortoise recipient site permitted by the FFWCC. C. A If preserved on site, a site plan identifying the boundaries of the gopher tortoise preserve. d. The method of relocation, if necessary. e. The proposed supplemental plantings, if needed. f. Details of the construction and maintenance of gopher tortoise preserve fencing to protect tortoises during construction. g. An annual maintenance plan describing exotic removal and vegetation management. h. Identification of persons responsible for the initial and annual protection and /or management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall —and maximum be desigRated eR the site pla.n. At the time ef the fiFM development emder-submittal. Suitable gopher tortoise habitat preserved on site shall be designated on the site plan at the time preserves are established and shall be credited to the preservation requirement as specified in sesiien 3.05.00 ^-0o. i. Habitat management and monitoring to ensure habitat within the Tortoise Permitting Guidelines utilized by the FFWCC. �:r_��arrr_veeemr. 133 E: \CCPCjan 28P KT(122209).doc Text underlined is new text to be added 1 Bold text indicates a defined term 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 above; a 20 21 22 23 24 25 26 27 28 29 30 31 32 10. When FeleGating teftises OR Site, the density shall be revie ... Ad OR R 33 Base by Base basis, and no FAere than five (5) telteires peF aGre will be 34 GGAsideMd a suitable density. 35 36 7440 When identifying the native vegetation preservation requirement of 37 section 3.05.07 of this I PC for parcels containing gopher tortoises, 38 priority shall be given to protecting the largest, most contiguous gopher 39 tortoise habitat with the greatest number of active burrows, and for 40 providing a connection to off -site adjacent gopher tortoises' preserves. A4 41 42 43 V s not platted, shall PFOvide suGh language 9R the aPPFG%,ed site 44 develOpMeRt pla44-. It shall be a priority to preserve scrub habitat, when it 45 exists on -site, for its rare unique qualities and for being one of the most 46 endangered habitats in the County, regardless of whether gopher 47 tortoises are relocated off -site. 48 49 84-2. A1�6opher tortoises shall be FBmeved captured and relocated from 50 within the development footprint 51 prior to any site improvement, in 134 E: \CCPCjan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 accordance with FFWCC guidelines and the protection /management plan 2 approved by County Manager or designee. High densities of hatchlings 3 and juvenile tortoises are often found in dense thickets of low growing 4 vegetation in habitat where existing gopher tortoises and their burrows 5 are located. The location of thickets potentially used by hatchling and 6 juvenile gopher tortoises shall be identified in the protection /management 7 plan and any gopher tortoises within these areas shall also be relocated. 8 9 10 11 thFough 11 abeve, when there lets aFe not a paFt of a previous 12 13 14 3 abeve. 15 16 B. Sea Turtle Protection. 17 18 1. The purpose of this section is to protect the threatened and endangered 19 sea turtles that nest along the beaches of the County, by safeguarding 20 sea turtle hatchlings from sources of artificial light, and adult and 21 hatchling sea turtles from injury or harassment. The County shall adhere 22 to state and federal guidelines for the protection of sea turtles. 23 24 2. The requirements of this section apply when development or lighting 25 associated with development is located within three hundred (300) feet 26 of coastal mean high water; when parking lots, dune walkovers, or other 27 outdoor lighting is proposed; and when reflective surfaces that will be 28 illuminated by outdoor lighting will be visible from the beach. 29 30 a. Outdoor lighting shall be held to the minimum necessary for 31 security and safety. Floodlights and landscape or accent lighting 32 shall be prohibited. 33 34 b. All lighting, including wall- mounted fixtures, pole lighting, lights on 35 balconies, and any other type of lighting not specifically 36 referenced by this section, shall be of low intensity, and shall be 37 fitted with hoods or positioned so that the light sources, or any 38 reflective surfaces illuminated by such sources, shall not be visible 39 from the beach. 40 41 C. Low profile luminaries shall be used in parking lots, and such 42 lighting shall be fitted with hoods or positioned so that the light 43 sources, or any reflective surfaces illuminated by such sources, 44 shall not be visible from the beach. 45 46 d. Dune crosswalks shall utilize low profile shielded luminaries 47 directed and positioned so that light sources, or any reflective 48 surfaces illuminated by such sources shall not be visible from the 49 beach. ADune crossover lighting shall be limited to the area 50 landward of the primary dune. 51 iICR E: \ccpgan28PKT(122209). doc Text underlined is new text to be added Bold text indicates a defined term 1 e. If high intensity lighting is necessary, low pressure sodium vapor 2 luminaries shall be used and fitted with a hood or positioned so 3 that the light sources, or any reflective surfaces illuminated by 4 such sources, shall not be visible from the beach. 5 6 f. Plates of tinted glass are required for windows that are visible 7 from the beach. The tinted glass shall be any window or glazing 8 that has an industry- approved light transmittance value of forty - 9 five (45) percent or less. Such transmittance shall be limited to the 10 visible spectrum (400 to 700 nanometers), and shall be measured 11 as the percentage of light that is transmitted through the glass, 12 inside to outside. 13 14 g. Temporary security lights at construction sites shall not be 15 mounted more than fifteen (15) feet above the ground. Light 16 sources, or any reflective surfaces illuminated by such sources, 17 shall not be visible from the beach. 18 19 3. For existing development, existing structures with any light sources, or 20 reflective surfaces illuminated by such sources, that are visible from the 21 beach, shall be in compliance with the following: 22 23 a. All lights shall be turned off after 9:00 p.m. between May 1 and 24 October 31 of each year, or fitted with a hood or positioned so that 25 the light sources, or any reflective surfaces illuminated by such 26 sources, shall not be visible from the beach. 27 28 b. Lights illuminating dune crosswalks shall be turned off after 9:00 29 p.m. between May 1 and October 31 of each year, and must be 30 modified to conform to the requirements for new development in 31 accordance with section 3.04.03(8) of this section. 32 33 C. Security and emergency exit lighting shall follow the same 34 requirements stated in section 3.04.03(C)(1) of this section. If high 35 intensity lighting is necessary, low pressure sodium vapor 36 luminaries shall be used and fitted with a hood, or positioned so 37 that the light sources, or any reflective surfaces illuminated by 38 such sources, shall not be visible from the beach. 39 40 d. At least one (1) of the following measures shall be taken, where 41 applicable, to reduce or eliminate the negative effects of interior 42 light emanating from doors or windows within the line of sight of 43 the beach, where lights currently illuminate the beach: 44 45 i. In windows facing the Gulf of Mexico, and all inlet 46 shorelines of these beaches, tinted window treatments 47 are required for windows that are visible from the beach so 48 that indoor lights do not illuminate the beach. The tinted 49 glass shall be any window or glazing that has an industry- 50 approved light transmittance value of forty -five (45) percent 51 or less. Such transmittance shall be limited to the visible 136 E: \CCPCjan28P KT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 spectrum (400 to 700 nanometers), and shall be measured 2 as the percentage of light that is transmitted through the 3 glass, inside to outside. 4 5 ii. Rearrange lamps and other movable fixtures away from 6 windows. 7 8 iii. Use window treatments, including, but not limited to, blinds 9 and curtains, to shield interior lights from the beach. 10 11 iv. Turn off unnecessary lights. 12 13 4. All publicly owned lighting with light sources that are visible from the 14 beach, or that illuminate reflective surfaces that are visible from the 15 beach, shall be turned off after 9:00 p.m. between May 1 and October 31 16 of each year, or shall be fitted with a hood, or positioned so that the light 17 sources, or any reflective surfaces illuminated by such sources, are not 18 visible from the beach. 19 20 5. It shall be unlawful, during the nesting season, to construct any 21 structure, add any fill, mechanically clean any beach, or grade any dirt 22 within 100 feet of the nesting zone of a beach where sea turtles nest or 23 may nest, without obtaining a construction in sea turtle nesting area 24 permit from the County Manager or designee. 25 26 a. If sea turtle nesting occurs within 100 yards of the construction, 27 measured parallel to the shoreline during permitted construction 28 activities, the nest area shall be flagged by the permittee and the 29 County Manager or designee informed prior to 9:00 a.m. of that 30 morning. 31 32 b. Depending on nest location, in relation to intensive construction 33 activities, the County Manager or designee may require that the 34 nest(s) be relocated by the applicant. 35 36 C. Construction activities shall not interfere with sea turtle nesting, 37 shall preserve or replace any native vegetation on the site, must 38 maintain the natural existing beach profile, and minimize 39 interference with the natural beach dynamics and function. 40 41 d. Construction or repair of any structure, including, but not limited 42 to, dune walkovers, seawalls, or other revetments, sandbags, 43 groins, or jetties, shall not be permitted during sea turtle nesting 44 season on any County beaches, except if permitted structures are 45 damaged by a named storm or other declared natural disaster and 46 the following conditions are met: 47 48 4. Minor Repair Work. Minor repair work (boards need to be 49 nailed back to the existing intact structure, or afew less 50 than 10 percent of the boards need to be replaced) that 51 can be performed completely from atop the structure is 137 E: \ccPCian28P KT(122209).doc Text underlined is new text to be added 1 Bold text indicates a defined term authorized after obtaining the necessary approval of the 2 FDEP and notifying 3 the County Manager or designee of that work. Work must 4 be completed within 12 months of the named storm or 5 declared natural disaster. 6 7 iii. Major Repair Work. Prior to any repair work (greater than 8 that described in i 4 above) or reconstruction of any part of 9 the structure, the following information shall be provided so 10 that staff can determine if the major repair or 11 reconstruction can occur prior to the end of sea turtle 12 nesting season: 13 14 a. - The appropriate permit or authorization from FDEP, 15 if required. 16 17 bJ- The location of all known sea turtle nests. 18 GGFnFn:inity Develepment —,and €nvirenMentat 19 The County Manager or 20 designee will provide assistance in locating nests. 21 Construction activities shall not occur within 10 feet 22 of these boundaries fer of viable nests. 23 24 cl- A survey by a qualified Gansult FFWCC 25 permitted Authorized Gopher Tortoise Relocation 26 Agent locating any gopher tortoise burrows on site 27 within 50 feet of the 6tf6lsttare proposed 28 construction. Relocation of gopher tortoises will be 29 required when the burrows are in harms way of the 30 construction activity. 31 32 dl- Photographs of the site as it existed after the storm 33 to document the conditions of the property. 34 35 el, An aerial of the property showing the CCSL line. 36 37 fl A copy of a CCSL variance or CCSL permit, if 38 required, and building permit approving the original 39 construction of the structure. 40 41 gA. Sea turtle nest locations will be reestablished using 42 their previously recorded GPS locations and 43 accuracy data to identify a 95% confidence 44 boundary. Construction activities shall not occur 45 within 10 feet of these boundaries for viable nests. 46 Nests will be considered viable for 80 days from the 47 time the nest was recorded unless it can be proven 48 that a particular nest has been damaged by the 49 storm and there is no chance of any hatchlings. 50 51 e 4-. Minor structures, as defined by Florida Statutes Subsection 138 E ACCP Cjan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 161.055, of the Coastal Zone Protection Act of 1985, shall be 2 approved provided that they also comply with: 3 4 ia. Federal requirements for elevations above the 100 -year 5 flood level, 6 7 iib. Collier County Building Code requirements for flood 8 proofing, 9 10 His. Current building and life safety codes, 11 12 i_vd. Collier County and State of Florida Department of 13 Environmental Protection CCSUCCCL regulations, 14 15 v_e. Applicable disability access regulations of the American 16 Disability Act (ADA), and 17 18 v_if. Any required Collier County zoning and other development 19 regulations with the exception of existing density or 20 intensity requirements established, unless compliance with 21 such zoning or other development regulations would 22 preclude reconstruction otherwise intended by the Build 23 back Policy as determined by the Emergency Review 24 Board established herein. 25 26 6. The following shall be obligations for all property owners who have had 27 sand washed ashore (as a result of a storm) and deposited on the dune 28 and seaward of the CCSL. As supported by GMP Conservation and 29 Coastal Management Element Objective 10.4 and Policy 10.4.8, 30 construction seaward of the CCSL shall not interfere with sea turtle 31 nesting, will minimize interference with natural beach dynamics, and 32 where appropriate will restore the historical dunes and will vegetate with 33 native vegetation and help in the restoration of natural functions of coastal 34 barriers and beaches and dunes. 35 The property owner may be prohibited from removing the deposited sand 36 when it is determined that the wash over was a part of the natural 37 rebuilding of the beach and dune system. Only native salt tolerant beach 38 or dune vegetation may be planted on the deposited sand, after obtaining 39 a Collier County CCSL permit. 40 This shall not apply to sand washed over onto yards that have received 41 the appropriate Collier County approvals for landscaping seaward of the 42 CCSL (such as single family homes along Vanderbilt Beach). 43 44 7. It shall be unlawful for any person to kill, molest, or cause direct or 45 indirect injury to any species of sea turtle in Collier County or within its 46 jurisdictional waters. It shall be unlawful to collect or possess any part of a 47 sea turtle. 48 49 C. Florida Scrub Jay. 50 . 51 a Fle *d;, G;;Me and C.Rs4. Water CiSL. G9FnFRiSSiGR, 1 The required 139 E: \ccPgan28P KT(122209).doc 49 50 (Ord. No. 05 -27, § 3.J) 51 140 E: \CCPgan28PKT(l 22209).doc Text underlined is new text to be added Bold text indicates a defined term 1 management plan shall else provide for a maintenance program and specify an 2 appropriate fire or mechanical protocols to maintain the natural scrub community. 3 The plan shall also outline a public awareness program to educate residents 4 about the on -site preserve and the need to maintain the scrub vegetation. These 5 . iments shall be Gensistent with the URNS South Fmlerida Multi SpBG*es 6 Re�evei:y Plan, May 1999. 7 8 D. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus), the required habitat 9 management plans shall establish protective zones around the eagle nest 10 restricting certain activities. The plans shall also address restricting certain types 11 of activities during the nesting season. These Feq1JiF8FAePtr shall be Gensistn4t 12 with the IJPNS South Fm!eF'da Multi SpeGies ReGaveFy Plan, May 1999. 13 14 E. Red - Cockaded Woodpecker. For the red - cockaded 15 woodpecker (Picoides borealis), the required habitat protection plan shall outline 16 measures to avoid adverse impacts to active clusters and to minimize impacts 17 to foraging habitat. Where adverse effects can not be avoided, measures shall be 18 taken to minimize on -site disturbance and compensate or mitigate for impacts 19 that remain. 20 F=IGF'da Multi SpeGies ReGeYeFy Plan, May 4999. 21 22 F. Florida Black Bear. In areas where the Florida black bear 23 (Ursus americanus floridanus) may be present, the management plans shall 24 require that garbage be placed in bear- resistantpreef containers, at one or more 25 central locations. The management plan shall also identify methods to inform 26 local residents of the concerns related to interaction between black bears and 27 humans. Mitigation for impacting habitat suitable for black bear shall be 28 considered in the management plan. 29 30 G. Panther. For projects located in Ppie :ty t and o •. 11 o th Habitat 31 Primary and Secondary zones, the management plan shall discourage the 32 destruction of undisturbed, native habitats that are preferred by the Florida 33 panther (Fells concolor coryi) by directing intensive land uses to currently 34 disturbed areas. Preferred habitats include pine flatwoods and hardwood 35 hammocks. In turn, these areas shall be buffered from the most intense land 36 uses of the project by using low intensity land uses (e.g., parks, passive 37 recreational areas, golf courses). Golf courses within the RFMU district shall be 38 designed and managed using standards found in that district. The management 39 plans shall identify appropriate lighting controls for these permitted uses and 40 shall address the opportunity to utilize prescribed burning to maintain fire - 41 adapted preserved vegetative communities and provide browse for white - tailed 42 deer. These ° y ° .,ts shall be GeRSiStBiRt I.A.4th t � 1A,5S South Florida AA-Ati- 43 SpeGies ReGaveFy Plan, May 1999, and with the set feFth 41; this 44 seller} 45 46 H. West Indian Manatee. The management and protection plans requirements 47 based upon the Manatee Protection Plan for the West Indian (Manatee manatee 48 (Trichechus manatus) are set forth in section 5.05.02. 49 50 (Ord. No. 05 -27, § 3.J) 51 140 E: \CCPgan28PKT(l 22209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 3.04.03 Requirements for Protected Plants 5 able to support the species of plants. Kelocatlon oT eplpnWic species oT plants Ilstea as Kare 6 and Less Rare (below) shall only be required for plants located within eight feet of the ground 7 Plants listed as Less Rare shall be relocated to the on -site preserves only if the preserves do 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 within preserves from nursery grown stock in lieu of relocation. Sites infested with exotic species Rare Plants: Cowhorn orchid Cyrtopodium punctatum Curtiss's milkweed Asclepias curtissii Florida clamshell orchid Encyclia coch /eata Ghost orchid Polvrrhiza lindenii West coast prickly apple Harrisia gracilis Less Rare Plants: Butterfly orchid Encyclia tampensis Giant wild -pine Tillandsia utriculata Inflated wild -pine Tillandsia balbisiana Stiff - leaved wild -pine Tillandsia fasciculata Twisted air plant Tillandsia flexuosa Where clearing of vegetation is needed for habitats requiring fire or for activities needed to simulate fire, epiphytic plants listed above should not be relocated into these habitats. Epiphytic 3.04:03 3.04.04 Penalties for Violation: Resort to Other Remedies Violation of the provisions of this section or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified eensuliant FFWCC permitted Authorized Gopher Tortoise Relocation Agent, in accordance with their protection /management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this section. 141 E: \ccpga n28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 This page intentionally left blank. 23 142 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 5 ORIGIN: Community Development & Environmental Services Division 6 7 AUTHOR: Stephen Lenberger, Senior Environmental Specialist 8 9 DEPARTMENT: Engineering and Environmental Services Department 10 11 AMENDMENT CYCLE: 2009 Cycle 12 13 LDC PAGE: LDC1:35 14 LDC3:28.1 — LDC3:28.2 15 16 LDC SECTION(S): 1.08.02 Definitions 17 3.05.07 Preservation Standards 18 19 CHANGE: Revise the definition of "native vegetation" for purposes of retention of native 20 vegetation. 21 22 Clarify how the "native vegetation definition" is applied to partially cleared sites with native 23 trees, and where the understory has been converted to lawn or pasture. 24 25 Clarify single - family preserve setback requirements. 26 27 Revisions to address concerns of stakeholders 28 29 Add exceptions to the native vegetation retention standards for clearing associated with public 30 roadways, existing access and utility easements, and previously cleared areas for support of 31 public infrastructure. Exceptions also included for landscaping and for initial re- growth of native 32 vegetation in fallow agricultural areas. 33 34 REASON: The change in the definition of "native vegetation" for native vegetation retention 35 requirements is required as part of the EAR -based GMP amendment to CCME Policy 6.1.1 (1). 36 Policy 6. 1.1 (1) states the following (underlined /strike through version provided): 37 38 "For the purpose of this policy, "native vegetation" is defined as a vegetative community having 39 7-5--25% or less more canopy coverage or highest existing vegetative strata of 40 invasive exetie native plant species. The vegetation retention requirements specified in this 41 policy are calculated based on the amount of "native vegetation" that conforms to this 42 definition." 43 44 Currently the LDC and GMP contain no criteria on how the native vegetation definition is 45 applied to partially cleared sites with native trees and where the understory has been converted to 46 lawn or pasture, thereby requiring staff to apply the definition on a project by project basis based 47 on canopy coverage or vegetation count. Identifying these areas as native vegetation requires all 143 E: \ccpgan28PKT(122209). doc Text underlined is new text to be added Text strikethmugh is ni irrgnt text to be deleted Bold text indicates a defined term 1 missing strata be replanted, if the areas are used to satisfy the native vegetation retention 2 requirement of the GMP and LDC. Some stakeholders argue that this penalizes property owners 3 who have left trees in place for shade or other reasons. Clarifying how this type vegetation will 4 be retained will help both staff and applicants during the permitting process. 5 6 In order to address these concerns, stakeholders have proposed requiring native trees to be 7 retained in instances where the understory has been cleared and converted to lawn or pasture. 8 The benefit of retaining these native trees would be retained without applying the more strict 9 requirements for preserves. To address the concerns of the stakeholders, staff has included two 10 categories in the amendment for identifying native vegetation; native vegetative communities 11 and native trees. Identifying native vegetation into these two type categories is also how Lee 12 County addresses this requirement. 13 14 In recognition that native vegetative communities do contain naturally occurring open areas with 15 little or no vegetation and that some species of wildlife use these areas, fire and fuel breaks 16 within preserves have been identified as counting towards the minimum native vegetation 17 retention requirement for the County, provided that these areas are kept to the minimum 18 necessary in accordance with standard forestry practice. This has been added in the amendment 19 to address the concerns of stakeholders for managing fire within preserves located adjacent to 20 homes and other structures. The LDC currently required 80 percent vegetative coverage for 21 created preserves and supplemental plantings within preserves, within a 2 year period following 22 initial planting and to be maintained in perpetuity. 23 24 Change made to clarify single - family preserve setback requirements. Unless otherwise required 25 in the RFMU District, single - family residences are exempt from the native vegetation retention 26 requirements and from having on site preserves, but not from preserve setback requirements. 27 28 Exceptions have been added to the native vegetation retention standards, for clearing associated 29 with public roadways, existing access and utility easements, previously cleared areas for support 30 of public infrastructure, and vegetation used for landscaping. This is in keeping with the intent of 31 CCME Policy 6. 1.1 (11). Policy 6. 1.1 (11) states the following: 32 33 Right of Way acquisitions by any governmental entity for all numoses necessary for roadway 34 construction, including ancillary drainage facilities and including utilities within the right of way 35 acquisition area shall be exempt from mitigation requirements 36 37 FISCAL & OPERATIONAL IMPACTS: 38 39 How the native vegetation definition is applied will have a direct affect on the amount of native 40 vegetation required to be retained on site and in tam affect on the amount of land which can be 41 developed. On the other hand, retained native vegetation within developments has esthetic value 42 and often enhances property values. 43 44 Creating a separate category for retention of native trees will enable the County and property 45 owner to retain existing native trees where only native trees occur on a property. This will relieve 46 the property owner of the burden of having to restore the property to its original condition and 47 from the more stringent requirements for preserves (native vegetative communities). 144 E: \ccPga n28PKT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term RELATED CODES OR REGULATIONS: None affected. GROWTH MANAGEMENT PLAN IMPACT: Changes made to address EAR -based GMP amendments to CCME Policies 6.1.1 (1) and 6.1.1 (11). OTHER NOTESIVERSION DATE: Created August 12, 2009. Amended October 12, 2009, October 22, 2009, November 4, 2009, December 3, 2009 Amend the LDC as follows: 1.08.02 Definitions Vegetation, native: Native vegetation means native southern Floridian species as determined by accepted valid scientific references such as those listed ideaiified in section 4.06.056. 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. The following criteria shall be used to administer the preservation standards in all unincorporated areas of the County. 1. Native vegetative communities. The preservation of native vegetation shall include all naturally occurring strata including canopy, under -story and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in sestien 3.05.07 H.1.e. The term native vegetation is further defined as a vegetative community having 25 percent or more canopy coverage or highest existing vegetative strata of native plant species. In the absence of other native strata, herbaceous vegetation not typically associated with the re- growth of native vegetative communities, commonly known as weeds, shall not be considered native vegetation for the purpose of preservation. 2. Native trees. Where a property has been legally cleared and only native trees remain and the native ground cover replaced with lawn or pasture. 145 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added Text StFikethFaugh 16 Al 'FF9At text tA he deleted. Bold text indicates a defined term Where trees cannot be retained the percent requirement of trees shall be open space areas equivalent in size to the area of canopy of the trees removed. This planted open space shall be in addition to the area used to satisfy the minimum landscape requirements pursuant to 4.06. In lieu of using actual canopy coverage the following average diameter for tree feet. Open space areas not normally planted with trees such as principal structures and impervious parking areas. 23. Areas that fulfill the native vegetation retention standards and criteria for native vegetative communities of this Section shall be set aside as preserve areas, subject to the requirements of sestiea 3.05.07 H. Single 34. Native vegetation to be retained as preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sestiens 3.05.07 F.3- and 3.05.07 G.3.F: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; 146 E: \ccPCian28P KT(122209).doc 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 Text underlined is new text to be added. T934 6tF kethmugh is 9 pent text to he deleted Bold text indicates a defined term b. Xeric Scrub, Dune and Strand, Hardwood Hammocks; C. Onsite wetlands having an accepted functionality WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7; d. Any upland habitat that serves as a buffer to a wetland area as defined in section 3.05.07 A.3.c above; e. Dry Prairie, Pine Flatwoods; and f. All other native habitats. 45. Preservation areas shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. 0 SIR amount present at the time prior to the illegal clearing. Criteria to determine the process and criteria for the clearing are found in Sections 10.02.06 and 3.05.05. a. Re- creation of native vegetation shall not be required when any one of the following criteria is met: which the 10 year agricultural clearing rezone limitation iii. If no clearing permit can be found, demonstrations of continuous bona fide agricultural operation along with Demonstrations of continuous bona fide agricultural activities may include, but are not limited to agricultural as sworn testimony from previous owners which establishes the commencement date and the location of 147 E: \ccpgan28PKT(l 22209).doc 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 Text underlined is new text to be added Bold text indicates a defined tens the agricultural operation The rezone limitation Pursuant to 10.02.06 shall apply. 8. Development standards pursuant to section 4 02 14 shall apply to all development including single - family, within the ACSC 9. Created preserves are allowed subject to the criteria in 3 05 07 H 10. Fire and fuel breaks within preserves kept to the minimum necessary in accordance with standard forestry practice shall count toward the minimum native vegetation retention requirement B. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on -site through the application of the following preservation and vegetation retention standards and criteria, standaFds FeferenGREI 'R the Land ''Re lilgrRen This Seeder Shall RGt apply tO single family dwelling units situated on iRdividual lets e parsecs. 1. Required preservation. Development Type Coastal High Non - Coastal High Hazard Area Hazard Area Less than 10% Less than 5 10% 2.5 acres acres Equal to or Equal to or Residential and Mixed greater 25% greater than 5 acres and less 15% Use development than 2.5 than 20 acres acres Equal to or 25% greater than 20 acres Golf Course 35% 35% Less than 5 10% Less than 5 10% Commercial and acres acres Industrial development and all other non- Equal to or Equal to or specified development greater o 15% greater than 5 15% types than 5 acres acres E: \ccpga n28PKT(122209). doc 148 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 2. Text underlined is new text to be added. Text stFikethrough is Bold text indicates a defined term Industrial development 50 %, not to exceed 50 %, not to exceed (Rural - Industrial District 25% of the project 25% of the project only) site site. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: a. where the parcel was legally cleared of native vegetation prior to January 1989 and remains cleared of native vegetation; b. where the parcel cannot reasonably accommodate both the application of the native vegetation retention standards and the proposed uses allowed under this Code, subject to the criteria set forth in section 3.05.07(H)(1)(e). drainage facilities, and including utilities within the right -of -way acquisition area. d. Existing utility easements and easements for ingress or egress required for neighboring properties. e. Previously cleared parcels for support of public infrastructure, and which remain cleared of native vegetation. f. Trees and other vegetation planted for landscaping and which have not been used to satisfy the native vegetation preservation requirement. Palms with less than 8 foot of clear trunk) and less than 75 percent aerial coverage of native vegetation. Marshes and similar type environments (640 FLUCFCS Codes) shall not be included in this exception. 149 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 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 This page intentionally left blank. 29 150 E: \ccP q an28PKT(122209).doc Text underlined is new text to be added. TeA WkethFough is -_ wFent text to he deleted Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 5 ORIGIN: Community Development & Environmental Services Division 6 7 AUTHOR: Stephen Lenberger, Senior Environmental Specialist 8 9 DEPARTMENT: Engineering and Environmental Services Department 10 11 AMENDMENT CYCLE: 2009 Cycle 12 13 LDC PAGE: LDC3:35 — LDC3:36 14 15 LDC SECTION(S): 3.05.07 Preservation Standards 16 17 CHANGE: Include language to encourage the largest contiguous area possible when 18 establishing preserves. 19 20 REASON: Implement the requirements of GMP Conservation and Coastal Management 21 Element (CCME) Policy 6.1.1 (2). CCME Policy 6.1.1 (2) states the following (underlined /strike 22 through version provided to identify changes adopted with the EAR -based GMP amendments): 23 24 "The preservation of native vegetation shall include canopy, under -story and ground cover 25 emphasizing the largest contiguous area possible, which may include connection to offsite 26 preserves. The purpose for identifying the largest contiguous area is to provide for a core area 27 that has the greatest potential for wildlife habitat by reducing the interface between the preserve 28 area and development which decreases the conflicts from other land uses. Criteria for 29 determining the dimensional standards of the preserve are to be set out in the Land Development 30 Code." 31 32 The proposed language to discourage "thin linear and perimeter "picture frame- shaped" 33 preserves" has been proposed by one of the stakeholders. During the 2008 LDC amendment 34 cycle, staff proposed establishing a minimum length to width ration for preserves, which the 35 CCPC determined as not meeting the intent of the GMP. 36 37 FISCAL & OPERATIONAL IMPACTS: Selection of preserves is a part of the planning 38 process for development and their location will have an effect on the design of a project. During 39 planning of a site, project planners first identify the natural features and constraints for a site and 40 work with these in designing the project. Natural amenities of a site are often selling points 41 which enhance the overall appearance of a project and property values within the development 42 and surrounding community. This is particularly evident for larger scale projects with well 43 managed preserves of significant size. 44 45 Smaller projects and those which are more intensely developed are affected more by site 46 constraints. Smaller projects often propose establishing preserves around the perimeter of a 47 project to double as a landscape buffer, in order to maximize development of a site. Although 151 E:\ccpgan28P KT(122209).doc Text underlined is new text to be added Text stAkethFeugh is Awrent text le he dAistAd Bold text indicates a defined term 1 these buffer - shaped preserves look nice, at least initially, they tend to lose species composition 2 over time mainly due to incompatible land uses on the adjoining property. In time, less tolerant 3 species of plants die and are replaced with more tolerant species, such as those used for 4 landscaping, and the preserve looks and functions more like a planted landscape buffer rather 5 than a native vegetative community. These linear buffer- shaped preserves are also not consistent 6 with the intent of CCME Policy 6.1.1 (2), to reduce of the interface between the preserve and 7 other land uses. 8 9 In recognition that smaller projects and those with more intense land uses have more site 10 constraints, off -site preserve criteria have been identified and included in this LDC amendment 11 cycle. The off -site preserve LDC amendment will allow property owners to request that all or a 12 portion of the native vegetation retention requirement be allowed offsite in lieu of preserving 13 native vegetation on -site, under certain criteria. Additional upfront costs will be incurred upon 14 the applicant to exercise the off -site alternatives, but those that do will be able to develop more 15 of their property, and no maintenance of on -site preserves would be required. 16 17 RELATED CODES OR REGULATIONS: None. 18 19 GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP 20 amendment to CCME Policy 6.1.1 (2). 21 22 OTHER NOTESNERSION DATE: Created August 24, 2009. Amended October 8, 2009 23 24 25 Amend the LDC as follows: 26 27 28 3.05.07 Preservation Standards 29 30 H. Preserve standards. 31 32 1. Design standards. 33 34 a. Identification. Native vegetation that is required to be preserved 35 or mitigated pursuant to 3.05.07 A. through F. shall be set -aside in 36 a Preserve and shall be identified in the following manner: 37 38 i. The Preserve shall be labeled as 'Preserve" on all site 39 plans. 40 41 ii. The Preserve shall be identified at the time of the first 42 development order submittal. If the development is a 43 PUD, the Preserve shall be identified on the PUD Master 44 Plan, if possible. If this is not possible, a minimum of 75% 45 of the preserves shall be set -aside on the PUD Master 46 Plan with the remaining 25% identified at the time of the 47 next development order submittal. 48 49 iii. The Preserve shall be identified at the time of the first 152 E: \CCPga n28P KT(122209).doc r 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 L:1 Text underlined is new text to be added. TeA StFik9thFGUgh 66 GUFFent text to be deleted. Bold text indicates a defined term development order submittal. Minimum dimensions. The vidth of the pFeseFVe shall Connections to other preserves, conservation areas, natural flowways, natural water bodies, water management lakes, estuaries, government owned or targeted lands for Preservation possible. The following minimum widths shall apply. L twenty feet, for property less than ten acres. ii. an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. iii. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. preserved pursuant to the preserve selection criteria in section 3.05.07, then the existing native vegetation may be used to satisfy the preservation requirement. 153 E: \ccpgan28P KT(122209).doc 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 This page intentionally left blank. 154 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term Text underlined is new text to be added. Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 5 ORIGIN: Community Development & Environmental Services Division 6 7 AUTHOR: Stephen Lenberger, Senior Environmental Specialist 8 9 DEPARTMENT: Engineering and Environmental Services Department 10 11 AMENDMENT CYCLE: 2008 Cycle 1 12 13 LDC PAGE: LDC3:36 14 15 LDC SECTION(S): 3.05.07 Preservation Standards 16 17 CHANGE: Changes made to improve the language in the LDC with regard to the requirement 18 for conservation easements. 19 20 REASON: To evaluate the pros and cons of the different types of conservation mechanisms 21 available in order to fulfill the requirements the EAR -based GMP amendments. Policy 6.1.1 (3) 22 states the following (underlined/strike through version provided to identify changes adopted with 23 the EAR -based GMP amendments): 24 25 "Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set 26 aside as preserve areas. A"On -site eF and off -site preserve areas shall be identified traets and protected by a permanent conservation easem ent mechanism to prohibit further 28 development, consistent with the requirements of this policy. The type of permanent 29 conservation mechanism including conservation easements required for a specific development 30 may vary based on preserve area size, type of development approval, and other factors, as set 31 forth in the County's land development regulations." 32 33 To satisfy the requirements of Policy 6.1.1 (3) in an attempt to reduce the time and expense 34 needed to prepare and process conservation easements, staff proposed eliminating the 35 requirement for conservation easements for smaller preserves. During the 2008 public hearings 36 at the Planning Commission (CCPC), the CCPC directed staff to work with the Office of the 37 County Attorney to explore other types of legal instruments in lieu of conservation easements. 38 The Planning Commission expressed their desire to have all preserve areas recorded by some 39 type of legal instrument, so they could be accessed through the public records. With the help of 40 the Office of the County Attorney a comparison was made between easements and restrictive 41 covenants (see fiscal impacts below). Per the direction of the CCPC and from the analysis 42 provided by the Office of the County Attorney, staff recommends that conservation easements 43 continue to be required for preserves, except for those in State and Federal parks and preserves 44 with management plans to manage land for conservation purposes in perpetuity. Management 45 plans for State and Federal parks and preserves should demonstrate a long range plan for 46 conservation. 47 155 E: \ccpga n28P KT(122209).d oc 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 Text underlined is new text to be added Bold text indicates a defined term Recently a stakeholder asked if Memorandums of Agreement or Understanding should be utilized. Although an Agreement or Declaration of Restrictions could be utilized, less protection would be afforded. With an easement right, the County should be able to go on to the property per the terms of an easement. With a contractual right, you could provide in the agreement that the County can go on the property, but if the property owners denies you access, it would require court action to enforce. Also, since conservation areas have to be free and clear of other easements per the LDC, you still have to go through a similar process to make sure that there are no liens, etc. There may be a greater chance with an Agreement that the owner could place a subsequent inconsistent easement over the conservation area. FISCAL & OPERATIONAL IMPACTS: Partial Comparison of Preserve Mechanisms EASEMENT RESTRICTIVE COVENANTS RIGHTS: -- Interest in real property -- Contract right - -County may go on property - -Terms could provide that and do work if necesswl County may o on property ENFORCEMENT: County may go on property and do work; OR injunctive Injunctive relief through a court relief action CODE Enforcement of code provision (not to enforce easement Enforcement of code provision ENFORCEMENT: terms) (not to enforce terms of restrictive covenants DOCUMENTS -- Easement -- Restrictive Covenant NEEDED: - -Title Opinion - -Title Opinion -- Subordination and Releases COST: To the applicant, the basic cost is similar to that of Restrictive Covenants. The costs will increase as subordination and releases of liens and/or encumbrances are needed. The cost of staff processing is roughly the same for CDES staff RELATED CODES OR REGULATIONS: Sub - section 10.02.04 B Final Plat Requirements GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP amendment to CCME Policy 6.1.1 (3). OTHER NOTESIVERSION DATE: Created September 4, 2009. Amended November 9, 2009 Amend the LDC as follows: 3.05.07 Preservation Standards H. Preserve standards. 1. Design standards. E:\ccpgan28PKT(122209).doc 156 1 dedicate the responsibility of 2 owners association or similar entity, and it shall contain allowable 3 and limitations to protect the 4 shall be shown on the 5 with section 10.02.01, 6 similar to Section 704.06 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 Text underlined is new text to be added. Bold text indicates a defined term d. Preserve mechanisms. All preserve areas shall be designated as preserves on all site plans. E: \ccP qa n28PKT(122209).doc On -site County required preserves shall be dedicated to the shall dedicate the responsibility of maintenance to a property owners association or similar entity, and it shall contain allowable uses and limitations to protect the preserve. All preserve areas shall be shown on the preliminary and final plats in accordance with section 10.02.01, with lanquaqe similar to Section 704.06 F.S No individual residential or commercial lot, parcel lines or other preserve areas, may proiect into a preserve area. State and federal Parks and Preserves shall not be required to place their Preserves in a conservation easement. Any conservation easement or other document restricting uses in 157 Text underlined is new text to be added Bold text indicates a defined term 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 This page intentionally left blank. 27 M-1 E: \CCPCjan28PKT(122209).doc Text underlined is new tent to be added. Bold text indicates a defined term 1 2 LDC Amendment Request 5 6 ORIGIN: Community Development & Environmental Services Division 7 8 AUTHOR: Stephen Lenberger, Senior Environmental Specialist 9 10 DEPARTMENT: Engineering and Environmental Services Department 11 12 AMENDMENT CYCLE: 2009 Cycle 13 14 LDC PAGE: LDC3:36 — LDC3:38 15 16 LDC SECTION(S): 3.05.07 Preservation Standards 17 18 CHANGE: Amend criteria for the creation and restoration of native vegetation. 19 20 Include criteria for off -site native vegetation retention alternatives. 21 22 REASON: The amendment for creation and restoration of native vegetation is required by the 23 EAR -based GMP amendment to CCME Policy 6.1.1 (12). Policy 6.1.1 (12) states the following: 24 25 "Although the primary intent of this Policy is to retain and protect existing native vegetation 26 there are situations where the application of the retention requirements of this Policy is not 27 possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the 28 native vegetation retention requirements may be allowed. Within one year of the effective date 29 of these amendments the County shall adopt land development regulations to determine the 30 circumstances for when creation or restoration is allowed and to specify criteria for creation and 31 restoration." 32 33 The amendment for off -site native vegetation retention alternatives is required by the EAR -based 34 GMP amendment to CCME Policy 6. 1.1 (10). Policy 6. 1.1 (10) states the following: 35 36 "Within one year of the effective date of these amendments the County shall adopt land 37 development regulations that allow for a process whereby a property owner may submit a 38 petition requesting that all or a portion of the native vegetation preservation retention 39 requirement to be satisfied by a monetary payment land donation that contains native vegetative 40 communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being 41 impacted, or other appropriate method of compensation to an acceptable land acquisition 42 program, as required by the land development regulations. The monetary payment shall be used 43 to purchase and manage native vegetative communities off -site The land development 44 regulations shall provide criteria to determine when this alternative will be considered The 45 criteria will be based upon the following provisions: 46 a. The amount, type, rarity and quality of the native vegetation on site; 159 E: \ccP qa n28P KT(122209). doc Text underlined is new text to be added Text 6tF!k0tl;FGwgh is Gurpent-�. Bold text indicates a defined tens 1 b. The presence of conservation lands adjoining the site; 2 c. The presence of listed species and consideration of Federal and State agency technical 3 assistance, 4 d. The type of and use proposed such as but not limited to affordable housing; 5 e. The size of the preserve required to remain on site is too small to ensure that the 6 preserve can remain functional: and 7 f. Right of Way acquisitions for all purposes necessary for roadway construction 8 including ancillary drainage facilities and including utilities within the right of way 9 acquisition area. 10 The land development regulations shall include a methodology to establish the monetary value 11 land donation, or other appropriate method of compensation to ensure that native vegetative 12 communities not preserved on -site will be preserved and appropriately managed off-site. " 13 14 FISCAL & OPERATIONAL IMPACTS: Limiting the amount of native vegetation that can be 15 created on a site may affect site planning and consequently may have a financial affect on 16 applicants (both government and private) who want to develop their property. This is particularly 17 true for sites with more site constraints. Off -site alternatives to the on -site native vegetation 18 retention requirement will allow applicants to develop more of their property. Additional costs 19 will be incurred by the applicant to exercise the off -site alternatives, but those that do will be 20 able to develop more of their property. 21 22 The following is an estimate on what it costs to create native vegetation in preserves according to 23 County standards, as provided by a consultant who has done this work before in the county. 24 Actual costs will vary due to market conditions, contract negotiations, etc. 25 26 "Clearing & grubbing of vegetative sites can cost +/- $3,500.00 per acre if you are 27 allowed to burn the debris onsite. The costs will increase to +/- $8,500.00 per acre if you 28 have to haul the debris to an offsite landfill. Clearing & grubbing of fallow farm fields will 29 probably cost +/- $1,200 - $1,500.00 per acre. This cost is assuming that there is 30 minimal debris that can be either be burned or buried, and discing may also be used to 31 replace grubbing. 32 33 Contouring & final grading is hard to give an actual estimate without knowing elevations 34 and actual CY of dirt that will be moved. Another factor that will influence the costs is if 35 fill needs to be imported or exported from the site, and the distance that is traveled to do 36 so. But, to scrape and stockpile the topsoil it will cost +/- $0.25 - $0.50 per SF. In 37 addition, you typically see a cost of $1.50 - $2.50 per CY for spreading and /or pushing fill 38 around a site. Final grading will vary due to extent of contouring required, but that cost is 39 similar to stockpiling the topsoil. 40 Tree installation based on Collier County LDC requirements will run +/- $325.00 per tree. 41 Per acre, you are required to install +/- 48 trees based on 30 foot spacing ($15,600.00 42 per acre). The unit pricing can be comparable to all the trees I will list. For created 43 wetlands you will typically see bald cypress (dominant species), red maple and dahoon 44 holly's installed. For uplands you commonly see slash pine (dominant species), live oak 45 and red maples. 46 47 Shrub installation based on Collier County LDC requirements will run +/- $50.00 per unit. 48 Per acre you are required to install +/- 1,742 shrubs based on five foot spacing 49 ($87,100.00). Typical shrub species for wetlands are wax myrtle, buttonbush and 160 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 fetterbush. In uplands you can see installation of gallberry, fetterbush, wax myrtle, 2 myrsine and saw palmetto. Please note that the $50.00 per shrub doesn't account for 3 using saw palmetto. Saw palmetto at 7 gallon size will run you +/- $75.00 - $125.00 per 4 unit. They are usually smaller than typical 7 gallon shrubs and it is usually hard to locate 5 large quantities of saw palmetto in that size. 6 7 Groundcover installation based on Collier County LDC requirements will run +/- $3.00 8 per unit. Per acre, you are required to install 4,840 units at 3 foot spacing ($14,520.00). 9 In wetlands you can use swamp fern, cinnamon fern, royal fern, pickerelweed, saw grass 10 or blue flag iris. Upland groundcover can consist of wire grass, fakahatchee grass, 11 cordgrass or even st. john's wort." 12 13 Note: The number of plantings each for groundcovers, shrubs and trees in the estimate listed 14 above will roughly be reduced by two - thirds since all three strata (groundcovers, shrubs and 15 trees) will be planted, but with different spacing requirements for each strata. 16 17 In consideration of the above and from input received from environmental consultants in the 18 area, staff is proposing the following changes. Changes proposed have been made to improve the 19 overall success of preserves which are created. Per direction received from the Planning 20 Commission during the 2008 LDC amendment cycle, no changes have been made to the criteria 21 for when created preserves are allowed other than for a single correction and the addition of 22 criteria from input received from stakeholders. 23 24 In general plant material within preserves are more successful when installed in smaller sizes, 25 provided the plants are large enough initially to become established and be able to compete with 26 vegetation present within the preserve. Slash pines, in particular have a higher success rate when 27 planted in smaller sizes. Availability of larger plant material is another factor, especially for 28 species like saw palmetto, slash pine and mangroves. Although smaller sizes are proposed in 29 some instances, size specifications for created preserves are in keeping with GMP CCME Policy 30 6.1.1 (7) and with prior direction by the BCC, to use larger plant materials to more quickly re- 31 create the lost vegetation after a site has been cleared. The proposed use of different size canopy 32 trees creates a more natural type environment, as even age stands of trees typically do not occur 33 in nature. Reducing the required size of canopy trees from fourteen feet to ten, eight and six feet 34 should also eliminate the need for staking of planted trees within preserves. Smaller size trees 35 will be less expensive overall for the applicant to purchase and install. 36 37 Reducing the coverage requirements for canopy and mid -story vegetation for scrub and slash 38 pine dominated environments has been proposed, to mimic natural conditions in these 39 environments. Planting requirements for ground covers have been increased for species which 40 are small in stature or which do not spread by rhizomes or creeping stems, to give the bare soil a 41 faster period of recovery and to suppress the growth and occurrence of weeds. This is 42 particularly important since canopy and mid -story requirements have been lessened to promote 43 more natural conditions and the growth of ground covers. Only those strata naturally found in the 44 plant community to be created are required to be planted in this amendment. Current Code 45 requires all three strata (trees, shrubs & ground covers) to be planted. 46 47 The amendment also proposes to require the use of naturally occurring soils within preserves. 48 Restoration projects often fail or respond poorly on fill dirt which has been excavated due to the 161 E: \ccpgan28P KT(122209). doc Text undedined is new text to be added Text stail(ethmugh is A' 'FFRAt text te be deleted. Bold text indicates a defined term 1 composition of subsurface fill material. The composition of the sand, PH and presence of organic 2 material all make naturally occurring soils better suited for establishment of a native plant 3 community. If not already present within the preserve, additional cost will be incurred upon the 4 developer to stockpile or purchase compatible soil for use in the preserve. Savings will be gained 5 in the long run on the part of the applicant or homeowners' association in not having to replace 6 plant material and possibly excavated fill dirt, within preserves which have failed. 7 8 A method of providing water within created preserves until the plants are established has been 9 included in the amendment. Methods of watering are left up to the applicant and would only be 10 required in uplands or wetlands with extended dry periods and only until the plantings are 11 established. Additional cost will be incurred on the part of the applicant to insure planted 12 material is adequately watered. The cost of replacing plants that do not survive due to lack of 13 water could also potentially occur. 14 15 Changes have also been recommended with regards to size plant material for supplemental 16 planting within preserves. Since smaller size plant material is generally more successful for 17 restoration projects, staff recommends that the size plantings permitted by the South Florida 18 Water Management District ( SFWMD) and U.S. Army Corps of Engineers (ALOE) be accepted 19 to fulfill the supplemental planting requirements within County required preserves. Current Code 20 required plants larger than that allowed by state and federal permitting agencies. Where County 21 required preserves do not fall within the jurisdiction of the SFWMD or USACOE, or where 22 uplands are not required by these agencies to be planted, criteria have been left in the Code to 23 address these circumstances. Plant sizes proposed are comparable to those generally permitted by 24 the State and Federal permitting agencies. Accepting State and Federal supplemental planting 25 requirements for County required preserves will save time on the part of staff in reviewing 26 projects, since the planting criteria will be the same. There will also be savings on the part of the 27 applicant in not having to install larger plant material. 28 29 Success criteria have been added to help insure that the preserves which are created or restored 30 are successful. Success must be demonstrated at five years from planting and the criteria for 31 determining success must be included in the monitoring report due at that time. 32 33 Off -site alternatives to the native vegetation retention requirement have been added to allow for 34 the purchase or donation of land off -site in lieu of preservation of native vegetation on -site. The 35 criteria for determining when this alternative is allowed, is based on the provisions identified in 36 CCME Policy 6.1.1 (10). Generally speaking, preserves which are smaller in size or those 37 located adjacent to more intense land uses, tend to become less viable over time due to 38 fragmentation of the habitat, uses on adjoining properties, and sensitivity of different types of 39 native vegetation to changes in the environment. Although some species of vegetation can 40 survive indefinitely, preserves impacted as such tend to look and function more like landscaping 41 rather than a preserves over time. Often plants, such as slash pine, die after a few years, 42 depending on the type of development and uses on adjoining properties. It is in these instances 43 where the off -site purchase or donation of land is recommended in lieu of preservation of native 44 vegetation on -site. In accordance with CCME Policy 6. 1.1 (10), the type uses for the property 45 and restrictions on when the alternative can be used, have been considered. 46 162 E: \CCPgan28P KT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 During stakeholders meetings for environmental LDC amendments, stakeholders asked if an 2 amendment to a PUD or CU would be required in order to implement the off -site native 3 vegetation retention alternative for property with an existing PUD or CU. In a response from the 4 County Attorney Office it was indicated that language could be added to the proposed LDC 5 amendment to allow for the off -site native vegetation retention alternative without the need for 6 amending a PUD or CU, but that staff should consult with the Zoning and Land Development 7 Review Department Director to see what effect it may have on zoning. Upon meeting with the 8 Director of Zoning and Land Development Review Department, it was decided that the off -site 9 native vegetation retention alternative could be used to satisfy up to 25 percent of the native 10 vegetation retention requirement for a PUD, without the need for a PUD amendment, but only 11 for that portion of the native vegetation retention requirement not included on the PUD master 12 plan. Section 3.05.07 H.l.a.ii of the LDC currently requires a minimum of 75 percent of the 13 native vegetation retention requirement to be shown on a PUD master plan. It was decided that 14 where retained native vegetation is identified on a PUD or CU site plan, amendments to these 15 site plans would be required, since elimination of the on -site native vegetation retention 16 requirement may have an effect on decisions made during review of these petitions. 17 18 According to the Collier County Community Development and Environmental Services Fee 19 Schedule approved by the BCC on April 28, 2009, the following fees have been adopted for 20 PUD and CU amendments. Since native vegetation retention requirements are sometimes also 21 included in the text of the PUD document as well as on the PUD site plan, fees for amending 22 these development orders will vary depending on the extent of changes needed. The amount 23 (acreage and percent) of preserve affected will also determine the type of amendment required. 24 25 Conditional Use Permit $4,000.00, when filed with a Rezone Petition ($1,500.00) Additional fee 26 for 5`s and subsequent reviews — 20 percent of original fee 27 28 Planned Unit Development Amendment — Insubstantial (PDI) $1,500.00 requires a hearing by 29 the CCPC only for a minor change to the PUD Master Plan 30 31 Planned Unit Development Amendments (PUDA) $6,000.00 plus $25.00 an acre or fraction of 32 an acre. (Substantial changes to the text and Master Plan), Additional fee for 5b and subsequent 33 reviews — 20 percent of original fee. Text changes that do not impact the Master Plan $6,000.00 34 (the $25.00 an acre fee will not apply). Amendments deemed to be minor in nature that is 35 requiring minor strike thru and underline amendments of no more than 10 different lines of text 36 changes in the PUD will be capped at $9,000.00. Any amendment which includes a map and text 37 change will be assessed the full fee (no cap). 38 39 RELATED CODES OR REGULATIONS: None. 40 41 GROWTH MANAGEMENT PLAN IMPACT: The adoption of Land Development Code 42 regulations to specify the criteria and to determine the circumstances when creation or 43 restoration native vegetation is allowed is required as part of the EAR -based GMP amendment to 44 CCME Policy 6.1.1 (12). 45 46 "Off -site native vegetation retention alternatives" are required as part of the EAR -based GMP 47 amendment to CCME Policy 6. 1.1 (10). 163 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 2 OTHER NOTES/VERSION DATE: Created August 24, 2009. Amended September 18, 2009, 3 November 4, 2009 4 5 6 Amend the LDC as follows: 7 8 9 3.05.07 Preservation Standards 10 11 H. Preserve standards. 12 13 1. Design standards. 14 15 e. Created preserves. Although the primary intent of GMP CCME 16 Policy 6.1.1 is to retain and protect existing native vegetation 17 there are situations where the application of the retention 18 requirements of this Policy is not possible In these cases 19 creation or restoration of vegetation to satisfy all or a portion of the 20 native vegetation retention requirements may be allowed In 21 keeping with the intent of this Policy, the preservation of native 22 vegetation off site is Preferable over creation of preserves 23 Created Preserves shall be allowed for parcels that cannot 24 reasonably accommodate both the required on -site preserve area 25 and the proposed activity. 26 27 i. Applicability. Criteria for determining when a parcel cannot 28 reasonably accommodate both the required on -site 29 preserve area and the proposed activity atlewiRg- created 30 preserves include: 31 32 (a) Where site elevations or conditions requires 33 placement or removal of fill thereby harming or 34 reducing the survivability of the native vegetation in 35 its existing locations; 36 37 (b) Where the existing vegetation required by this 38 policy is located where proposed site improvements 39 are to be located and such improvements cannot 40 be relocated as to protect the existing native 41 vegetation; 42 43 (c) 44 aGGemmadated, the landscape PIAR 1,31216111 FR AFAiRtA 45 46 47 48 Fnatuice vegetation. These aFeas shall be ideRtified 49 as GFeated pFeseFyes. To provide for floodplain 50 compensation as required by the LDC 51 164 E: \ccpgan28PKT(122209). doc Text underlined is new text to be added. Bold text indicates a defined term 1 (d) When a State or Federal permit requires creation of 2 native habitat on site. The created preserve 3 acreage may fulfill all or part of the native 4 vegetation requirement when preserves are planted 5 with a" thF89 the appropriate strata; using the 6 criteria set forth in Created Preserves. This 7 exception may be granted, regardless of the size of 8 the project. 9 10 (e) When small isolated areas (of less than 1/2 acre in 11 size) of native vegetation exist on site. In cases 12 where retention of native vegetation results in small 13 isolated areas of 1/2 acre or less, preserves may 14 be planted with all three strata; using the criteria set 15 forth in Created Preserves and shall be created 16 adjacent existing native vegetation areas on site or 17 contiguous to preserves on adjacent properties. 18 This exception may be granted, regardless of the 19 size of the project. 20 21 (f) When an access point to a project cannot be 22 relocated. To comply with obligatory health and 23 safety mandates such as road alignments required 24 by the State, preserves may be impacted and 25 created elsewhere on site. 26 27 M To provide for connections to on or off site 28 preserves. 29 30 (h) In the RFMU District where upland buffers required 31 by the LDC, lack native vegetative communities 32 33 II. oequiFed Ranting GF4R ..; 34 35 36 37 38 39 meFe qUOGI(ly Fe GFeate the lost mature vegetation.- 40 SuGh re vegetatieR shall apply 41 42 43 44 trees wath a seY8R feet . ad a a db'h' GFeWR 45 diaMete at bpe st height) f th h Th 46 spadng ef the plants shall be as feliews� twenty to 47 48 (less than 30 ft. mature SPFBad) and feFty feet G44 49 GeR18F fOF trees with a large _v than 50 51 165 E: \CCPCian28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term suited for Fe establ'shment of the natiYe plaRt Gammunity. ii M Approved created preserves may be used to recreate: not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation. p1(-3) not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. iii(s) The minimum dimensions shall apply as set forth in 3.05.07H.1.b. iv(4) All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. V. Preparation of required planting plans for preserves. 166 E: \ccpgan28P KT(122209). doc 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 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added. TeN 6ti LcIFm .,1, is ent taxi to he Ae e,.,A ... �.....� -y.� .ter. Bold text indicates a defined term or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. vi. Planting requirements for created preserves. Soils compatible with the habitat to be created shall be used to create the preserve. Where compatible soils are not present, a minimum of 6 to 8 inches of compatible soil shall be used. Where created preserves are approved, the planting plan shall not be maintained as landscaping. Such re- vegetation shall include the following minimum sizes: one and 25 percent at 6 feet. Spacing requirements for 30 feet mature spread) and 40 to 50 foot on center for the bloom, and which reproduce primarily by seed. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or environments, where fire is a concern the amount of mid- story vegetation planted may be reduced to promote the s ecies. Three gallon container saw palmetto (Serenoa repens) may be used in lieu of seven gallon containers South 167 Text underlined is new text to be added Bold text indicates a defined term Florida slash pine (Pinus elliottii var densa) trees may be planted in the following sizes: 25 percent at 6 feet and 75 Planted. Mangrove trees may be planted as three gallon size estuarine and other aquatic environments may be planted as liners or bare root plants. Upland or seasonally wet preserves with extended dry periods shall detail a method of providing water until the plants are established. vii Supplemental planting requirements within preserves Supplemental plantings in the strata reauired to restore the habitat to its natural condition shall be added to preserves planted in a manner that mimics a natural plant communitv and shall not be maintained as landscaping Supplemental plantings must be of the species typical of the native habitats being restored and take into consideration the requirements of any listed species using the preserve. may be planted as bare root plants. in environments containing these species then 168 E : \ccPCian28PKT(122209).doc 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 E: \ccPCian28P KT(122209). doc Text underlined is new text to be added. TeA strikethFeugh is GurFent text to be deleted; Bold text indicates a defined term plan, in case sufficient natural recruitment of groundcovers has not occurred. Natural recruitment of south Florida slash pine (Pinus ellioffli var. densa) may be used where south Florida slash distribution of south Florida slash pine seed shall be in size. indigenous ground covers. viii. Success criteria. Success shall be demonstrated for created preserves and specific or permanent field markers to identify the locations within the preserve shall be included in the above mentioned monitoring report. Demonstration of success shall include the following. a) Eighty percent vegetative coverage has been attained within the preserve. b) Native vegetation is within_ the range of species diversity, density and distribution documented within either reference sites or from literature references for the specific habitat types. 169 Text underlined is new text to be added Text StOkethFeugh 46 GIIffRRt tA"t to be deleted. Bold text indicates a defined term C) Native vegetation characteristic of the habitat are reproducing in the vegetative or seeding manner typical of the species. used to determine success. f. Off -site vegetation retention. i. Applicability. A property owner may request that all or a portion of the Collier County on -site native vegetation listed below. acres in size. b) Park sites where the on -site preserve reauirement is less than one acre in size. C) Essential service facilities other than parks for any size preserves. d) Preserves less than one acre in size. Affordable Housing Density Bonus Agreement without limitation as to size of the preserve Existing or proposed preserves with 75 percent or more coverage with exotic vegetation Existing preserves not previously overrun with this type vegetation and which arrive at this state due to lack of management of the preserve shall mitigate off site at a ratio of 2 to 1. q) Created preserves which do not meet the success criteria in 3.05.07 H.1.e.viii or where preserves have not been planted in a manner which mimics a natural plant community. 170 E: \CCPCjan28PKT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term h) Preserves which do not meet the minimum dimensional requirements of this section. i) Portions of preserves located within platted single - family lots. i) Where future planned public infrastructure, approved by the BCC, require preserves to be located elsewhere. k) All criteria listed for created preserves. ii. Restrictions, when one or more of the following situations occur. a) Xeric scrub_ and hardwood hammocks which are one acre or more in size. mangrove (excluding mangrove fringes less than 40 feet in width on artificially created shorelines), coastal dune and strand environments, and listed species habitat or corridors per the requirements or recommendations of the FFWCC or USFWS, shall not be allowed to have the on -site native vegetation preservation retention requirement provided offsite. b) Preserves shall remain onsite if located adjacent to or within natural flowways natural water bodies, estuaries, government required preserves (not meeting the offsite preservation criteria herein) also include those identified during wetland Permitting with applicable state and federal agencies, regional drainage studies. or surface water management permits. offsite criteria of sub - section 3.05 07 H.1.f.i f) and g) above, unless preserved with higher quality habitat not qualifying for the off -site native vegetation retention alternative donation. 171 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 2 a) Annlicants Chall mmlrc mnnc #�ni novmr...i 4.. 4 management of off -site conservation lands within 5 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 be made prior to the Preconstruction meeting for the SDP or final Plat construction plans another government agency. In the event of donation to Conservation Collier, the applicant may acquire and subsequently donate land within the project boundaries of Winchester Head North Golden Gate Estates Unit 53 another multi - parcel proiect or any other land designated by Conservation Collier _donation acceptance procedures. Applicants who choose to donate land shall be required to demonstrate that the land to be donated contains native vegetation communities equal to or of higher priority (as described in subsection 3 05.07 A.) than the land required to be preserved onsite. In no case shall the acreage of land donated be less than the acreage of land required to be preserved onsite. Land donated to satisfy the off - site vegetation retention requirement must be located entirely within Collier County. Donations of land for preservation shall be made to a federal state or local government agency established or authorized to accept lands for the conservation and management of land in Perpetuity, subject to the policies and procedures of the receiving entity. Lands donated to Conservation Collier must include a cash payment for management of the land The amount of this payment shall be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent of the average cost in all other Designations, as applicable, as defined by the FLUE, purchased by Conservation Collier. Applicant shall Provide evidence that donations of land for preservation and endowments for management have been accented by and donated 172 E: \CCPCjan28P KT(122209).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Text undedined is new text to be added. Bold text indicates a defined term to the entity stated above, at the time of the preconstruction meeting for the SDP or final plat construction plans. Exotics shall be removed in accordance with the time frames provided in 3.05.07 H.2. State and Federal agency requirements for mitigation, remediation and monitoring for the donated land shall be the responsibility of the applicant. alternative, unless the option to use the off -site native vegetation retention alternative is included in the PUD. 173 E: \ccpgan28P KT(122209).doc 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 This page intentionally left blank. 174 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term Text underlined is new text to be added. Text strikethreugh s euffent text to be deleted-. Bold text indicates a defined term 2 LDC Amendment Request 3 4 5 6 ORIGIN: Community Development & Environmental Services Division 8 AUTHOR: Stephen Lenberger, Senior Environmental Specialist 9 10 DEPARTMENT: Engineering and Environmental Services Department 11 12 AMENDMENT CYCLE: 2009 cycle 13 14 LDC PAGE: LDC3:38 — LDC3:39 15 16 LDC SECTION(S): 3.05.07 Preservation Standards 17 18 CHANGE: Implement requirements of the GMP with regard to preserve management plans and 19 how they address natural diversity, stormwater management and agency approved listed species 20 management plans. 21 22 REASON: Required as part of the EAR -based GMP amendments to the Conservation and 23 Coastal Management Element (COME). 24 25 Policy 6.1.1 (6) states the following (underlined/strike through version provided): 26 27 "A management plan shall be submitted for preserve areas identified by specific criteria in the 28 land development regulations to identify actions that must be taken to ensure that the preserved 29 areas will maintain natural diversity and will function as proposed. The plan shall include 30 methods to address control and treatment of invasive exotic species, fire management, 31 stormwater management (if applicable), and maintenance of permitted facilities If applicable, a 32 listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2) (i) State and 33 federal management plans consistent with the requirements of the LDC will be accented." 34 35 FISCAL & OPERATIONAL IMPACTS: Additional costs may be incurred on the part of the 36 applicant, where applicable, to address additional monitoring and maintenance requirements 37 associated with the requirements of the GMP. Basic costs associated with preserve management 38 plans are provided below (Summary of information obtained from three environmental firms in 39 the area). 40 41 Cost of a basic preserve management plan for the County ranges from $400 to $3,500, based on 42 the size and complexity of preserve. An average preserve management plan for the County costs 43 about $1,200. The average hourly cost to implement the plan, once approved, are around $120 44 per hour. Electronic ground water monitoring wells (Piezometers) cost about $1,500 installed. 45 These are usually checked on a quarterly basis by consultants to download the information and to 46 check the battery in the Piezometer. 47 175 E: \ccpga n28PKT(122209). doc Text underlined is new text to be added Bold text indicates a defined term 1 Properties with less than 5 acres of preserve, where listed species are not utilizing the preserve or 2 where preserves do not contain habitat requiring management for fire, will not be required to 3 submit a preserve management plan, but only be required to implement basic maintenance and 4 signage requirements, and stormwater monitoring if applicable. Time and expense will be saved 5 on the part of the applicant and staff in not having to prepare and review management plans for 6 preserves which fit these criteria. 7 8 Preserve management plans are currently included on Site Development Plans (SDP) and final 9 plat construction plans (PPL), and processed through the Zoning and Land Development Review 10 Department. Amendments to preserve and listed species management plans are considered 11 "Insubstantial Changes" and cost $400 to process with the County. If more than one plan sheet is 12 involved, then an additional fee of $100 per sheet is charged. Rarely is more than one plan sheet 13 required for a preserve management plan. Additional fees are charged for 3rd and subsequent re- 14 submittals ($1,000 for P submittal, $1,500 for 4a' submittal, $2,000 for 5d' and subsequent 15 submittals). Preserve management plans in themselves do not trigger other amendments to a SDP 16 or PPL. 17 18 RELATED CODES OR REGULATIONS: LDC Subsection 3.05.05 (M). Not affected. 19 20 GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based GMP 21 amendments to CCME Policy 6.1.1 (6) 22 23 OTHER NOTESNERSION DATE: Created September 10, 2009. Amended September 17, 24 2009, November 4, 2009 25 26 27 Amend the LDC as follows: 28 29 30 3.05.07 Preservation Standards 31 a . • . . . . + . a 32 H. Preserve standards. 33 34 1. Design standards. 35 36 g. Preserve management plans. Criteria i, ii, vii and viii below are 37 required for all preserves whether a management plan for the 38 preserve is required or not. Preserve Management Plans shall be 39 required for all properties with 5 acres or more of preserve or 40 where listed species are utilizing the preserve or where the 41 preserve contains habitat which requires management for fire 42 (such as pine flatwoods, palmetto prairie or scrub) The Preserve 43 Management Plan shall identify actions that must be taken to 44 ensure that the preserved areas will maintain natural diversity and 45 function as proposed. A Preserve Management Plan shall include 46 the following elements: 47 48 i. General Maintenance. Preserves shall be maintained in 49 their natural state and must be kept free of refuse and 176 E: \ccpgan28PKT(122209). doc Text underlined is new text to be added. Bold text indicates a defined term 1 debris. 2 3 ii. Exotic vVegetation Removal, Non - native vVegetation, 4 and Nuisance or Invasive Plant Control. eExotic 5 vegetation removal and maintenance plans shall require 6 that Category I Exotics be femeved eradicated from all 7 preserves. All exotics within the first 75 feet of the outer 8 edge of every preserve shall be physically removed, or the 9 tree vegetation cut down to grade, cut debris removed and 10 the stump treated. Exotics within the interior of the 11 preserve may be approved to be treated in place if it is 12 determined that physical removal might cause more 13 damage to the native vegetation in the preserve. When 14 prohibited exotic vegetation is removed but the base of 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3. 5 the vegetation remains, the base shall be treated with an 6 U.S. Environmental Protection Agency approved herbicide 7 and a visual tracer dye shall be applied. Any person who 8 supervises up to eight people in the application of 9 pesticides and herbicides in the chemical maintenance of 0 eX9iis vegetation exotic vegetation in preserves, required 1 retained native vegetation native vegetation areas, 2 wetlands, or LSPA shall maintain the Florida Dept. of 3 Agriculture and Consumer Services certifications for 4 Natural Areas Pesticide Applicators or Aquatic Herbicide 5 Applicators dependent upon the specific area to be 6 treated. Control of exotics shall be implemented on a 7 yearly basis or more frequently when required, and shall 8 describe specific techniques to prevent reinvasion by 9 prohibited exotic vegetation of the site in perpetuity. 0 Non Ratmve vegetation and nNuisance or invasive plants 1 and non - native ornamental vegetation shall be femeved 2 eradicated from all Preserves. 40 41 42 43 44 45 46 47 48 49 50 51 E: \ccpgan28P KT(122209).doc 4i- A structural buffer (berm or wall) or special management program to Prevent encroachment of undesirable vegetation into a Preserve shall be required along the perimeter of Preserves where they abut land uses other than preserves, naturally vegetated areas or landscaoino with similar type vegetation 177 Text underlined is new text to be added �Fikethrough Is GI IFFent IP)d to be deleted Bold text indicates a defined term �a iii. Designation of a Preserve Manager. A Preserve Manager shall be responsible for providing the developer /propertv sciences wan at least two years of ecological or biological listed on the Preserve Management Plan The same documented in the monitoring report for the preserve iv. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with section 3.04.00. Where site GOR&O 49ed implemented. The County will accept state and federal management plans that are consistent with the requirements of the LDC. V. Fire Management. Special land management practices to as appropriate for the habitat type and surrounding land required pursuant to ix (below) shall document with 178 E: \ccpgan28P KT(122209).doc NO 0104 �a iii. Designation of a Preserve Manager. A Preserve Manager shall be responsible for providing the developer /propertv sciences wan at least two years of ecological or biological listed on the Preserve Management Plan The same documented in the monitoring report for the preserve iv. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with section 3.04.00. Where site GOR&O 49ed implemented. The County will accept state and federal management plans that are consistent with the requirements of the LDC. V. Fire Management. Special land management practices to as appropriate for the habitat type and surrounding land required pursuant to ix (below) shall document with 178 E: \ccpgan28P KT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term photographs, the coverage and types of vegetation to be cleared for fuel management, prior to clearing. Where listed species have been documented within the preserve tortoises occur in the area, or within the time frames recommended by the FFWCC and USFWS. Fire vi. Vegetation Removal Permits. Vegetation Removal Permits normal forestry practices and which have been approved pursuant to this section. State and Federal agency permits or approvals shall be required, where applicable prior to clearing. document, with photographs, trees to be removed for safety concerns. vii. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.05.04. viii. that will receive stormwater pursuant to the requirements of section 3.05.07. The monitoring program must include protocols to conduct vegetation surveys and monitoring for ground and surface water levels The Preserve Management Plan shall include a schedule requiring a baseline monitoring report followed by 5 annual monitoring 179 E: \ccPCian28P KT(122209).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ix. X. Text underlined is new text to be added Bold text indicates a defined term Inspections and Monitoring The property owner shall provide for inspections of all on -site preserves by the Plan. 180 E: \CCPCjan28PKT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES -- Deferred from 2008 Cycle 1. AUTHOR: Ashley Caserta, Senior Planner DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC4:8.1 LDC SECTION(S): 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts CHANGE: Allows for encroachment of pool equipment and well pumps, if unenclosed, into required yards. REASON: The Building and Zoning Departments have historically allowed pool and well pumps to encroach into side yards if not enclosed in structures, such as, pump houses; however, this practice was never formally documented. The proposed amendment will bring the code in line with practice that has been in effect for over 10 years. FISCAL & OPERATIONAL IMPACTS: The BCC directed that staff request assistance from DSAC in determining impacts. The following comments were provided by DSAC at their June 3, 2009 regular meeting. • The focus of the proposed ordinance should be narrowed — where is there a problem? Is it just in the City of Naples? Where else? • The cost to redesign the location of mechanical equipment for a new house may not be prohibitive (approximately $1,000.). • The cost to relocate equipment location on an existing/nonconforming residence may be cost prohibitive. • If there is a pool, equipment may be located behind the pool cage; but, especially in a subdivision, noise will become a factor. • If the equipment is tucked in a recess, circulation around the unit will be impaired and result in a decreased operational life of the unit. • There is a limitation on how far the (AC) compressor can be located from the unit — they work more economically when located next to the house. • This will create nonconformities for over 100,000 existing residences. Who will track these nonconformities? RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. 181 E: \ccP gan28P KT(122209).doc Text underlined is new text to be added 1 OTHER NOTES /VERSION DATE: Revised 10/28/09 Bold text indicates a defined term 2 3 4 Amend the LDC as follows: 5 6 7 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 8 9 10 11 D. Exemptions and exclusions from design standards. 12 13 k 14 15 9. Fences, walls and hedges, subject to section 5.03.02, pad round mounted air 16 conditioners and unenclosed pool equipment and well pumps are permitted in 17 required yards, subject to the provisions of section 4.06.00. 18 (For permanent emercencv generator setbacks see Article IV section 54-87 of 19 the Collier County Code of Laws and Ordinances) 20 21 182 E: \ccpga n28P KT(122209). doc 1 2 Text underlined is new text to be added. Bold text indicates a defined term COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive • Naples, Florida 34104 April 1, 2009 Development Services Advisory Committee 2800 Horseshoe Dr., N. Naples, Florida 34104 Re: Fiscal Analysis of the Cost Associated with the Re- location of Air Conditioning and Mechanical Pool Equipment From The Side Setback to the Rear Yard of Single- family Dwelling Units Dear Members of DSAC: During the last Land Development Code (LDC) Amendment Cycle (2008 -1), the Board of County Commissioners (Board) considered an LDC amendment request "to allow for the encroachment of unenclosed pool equipment and well pumps into required (side] yards." At the public hearing, Board members discussed requiring unenclosed pool and pump equipment, along with air-conditioning equipment, be located in the rear yard of single-family dwelling units, as opposed to allowing any equipment to encroach into the side yard setback, as the LDC currently does. At their September 24, 2008 meeting, the BCC requested that the members of DSAC assist them by performing a fiscal and operational impact analysis of the cost of requiring that air conditioning equipment, as well as, unenclosed pool equipment and well pumps be located in the rear setback, instead of allowing them to be placed in required side setbacks for single - family dwelling units. Attached please find a copy of the BCC minutes from the September 24 meeting. You will note that staff was directed to return this LDC Amendment request to DSAC for their analysis and recommendation. The deadline for LDC Amendment requests is Monday, June 1, 2009 at close of business. LDC staff will be happy to assist in any way with this Board- directed task. S rely, Ca rine F�ba er, AICP LDC Manager Cc: Joe Schmitt, CDES Administrator Susan M. Istenes, AICP, Zoning Director E: \ccPC1an28PKT(122209). doc 183 Text underlined is new text to be added Bold text indicates a defined term 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 This page intentionally left blank. 184 E: \ccpgan28PKT(122209). doc 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 Text underlined is new text to be added Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Redevelopment Agency (CRA) Advisory Board AUTHOR: David Jackson, Executive Director - CRA DEPARTMENT: CRA Advisory Board AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC SECTIONS: LDC4:67 thru LDC4:70 4.02.35 CHANGE: Replace graphic illustrations X 4, GTMUD Figures 1, 3, 4 and 5. REASON: To eliminate reference to "front yard build -to line FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: Amend the LDC as follows: 4.02.35 Design Standards for Development in the GTMUD -Mixed Use Subdistrict (MXD) B. Regulations For Outdoor Display and Sale of Merchandise. GTMUD Figure 1. Front Setback Zone Davis Boulevard, US 41, Airport- Pulling Road and Commercial Drive (For illustrative purposes only) E: \ccpga n28P KT(122209).doc 185 1 2 3 4 Front Setback Zone Mixed Use Subeisfrict and G7 through C-5 Commercial Zoning Disbiets «. re• ! m+o Me � ae...s anawan � g.�g Davis Boulevard, US 41 and Airport - Pulling Road Front Setback Zone Mixed Use Subdhxhla and C-1 through C-5 Commercial Zoning Districts 31 — "° I Davis Boulevard, US 41 and Airport - Pulling Road 186 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added. TeXt 6tFik thFOUgh 6 0- FFent text to be deleted. Bold text idicates a defined term Front Setback Zone Mixed Use Subdistrict and C -1 through C-5 Commercial Zoning Districts 3 ee i i baa d� urt as.a __�eewww � urt r Commercial Drive Front Setback Zone Mixed Use Subdistrict and O7 through" Commercial Zoning Districts ip '— I Commercial Drive 1 2 3 4 s Text underlined is new text to be added. Bold text indicates a defined term GTMUD Figure 3. 3 -Story Building Height, Step Back, Projections, and Recesses (For illustrative purposes only) Mbred Use SubdistdctiResidential above Commercial or Residential Oniq Fronting on US 41: 3 Stories Maximum Actual Height: 56 Feet Mini Triangle Mixed Use 8 Stories Maximum Actual Height: 126 Feet oay arW C I lox W'Fimf FacedanwWbapleo,dan FI Ynd aWdEaLAigandAbmaeeA i MObs a ASMW= al3 FO 9FM ml 'e l > °I �I GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height; Step -Back Projections and Recesses E: \ccpgan28PKT(122209).doc 187 aereF.rnn,8 =4faWabove Rod Commercial ZOn %/rg Districts Heights according to current LDC Baw. Eaw LNa a Tw WBatlhµo ROW JAb. R"Vd W Uw 0* Meffinwn NWphe 42R oay arW C I lox W'Fimf FacedanwWbapleo,dan FI Ynd aWdEaLAigandAbmaeeA i MObs a ASMW= al3 FO 9FM ml 'e l > °I �I GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height; Step -Back Projections and Recesses E: \ccpgan28PKT(122209).doc 187 Text underlined is new text to be added. Bold text indicates a defined term Mixed Use SubdlstrlctlResidential above Commercial or Residential Only Fronting on US 41: 3 Stories Maximum Actual Height 56 Feet Mini Triangle Mixed Use 8 Stories Maximum Actual Height 126 Feet P.r.FN ...,...m a rwt el.w x..r Commercial Zoning Districts eamm dfi � u.... TO NB:R..r Heights according to current LDC g fa FeetalNmwn Hw/a.NIN U..OnrT � Shp6e.klrom Flom Y.N ewamim. awaro1yy,.a 4EOw a.Nm.�. N.gncura n.na.mrNU..ewram¢. a - eF,e ony I. GTMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height, Step -Back, Protections and Recesses 188 E: \ccPCjan28PKT(122209). doc 1 2 3 4 5 Text underlined is new text to be added Bold text indicates a defined term GTMUD Figure 4. 4 -Story Building Height, Step Back, Projections, and Recesses (For illustrative purposes only) Mired Use SubdistricHResidential above Commercial or Residential Only Fronting on US 41: 4 Stories Maximum Actual Height. 70 Feet Mini Triangle Mixed Use 8 Stories Maximum Actual Height. 128 Feet Commercial Zoning Districts Heights according to current LOC AA; . IaI A**Vt w L eeteo�lee fO AMrlmun Feet fOFeef A6Mnepn mm FA Ye d .w a 2ura� o< SV entl Srory entlA6wv ROJw.4On Albesp bAwnbpq Cenroka eld aem�(ee I my EI >'I I fink a mvOwaOI"a ROOT ft.i ftfUwowy AwAAO9e1U omy 4 sbr Ahehnwn llelyM %R Aflaed Uee: CmwroiW wRSeWxltlN Uas oroy � �elywyel _ oeryFmwno,e usu Fiat Fb HW,N Uohnmaa 1ZFeef HO mwe men 1B Fiat tia,r IanMM Rmrro GeMrp F FIOw LbwnwtlNWOo* ]0%WFm FaOeCe nWWbP /eOeLm � AlbYrtxen ot9Faef B Feet GTMUD w Mixed Use Subdistrict and C-1 through C -5 Districts. Building Height, Step -Back Projections and Recesses E: \CCPCian28PKT(122209).doc 189 a iR I� Mixed Use SubdistricMesidengal above Commercial w Residential Only Fronting on US 41: 4 Stories roam�mvmwm Maximum Actual Height. 70 Feet C Mini Triangle Mired Use a stories SlapGakbna nomnm Maximum Actual Height: 120 Feet $ Commercial Zoning Districts e„j, , Heights according to current LDC �y w eaNawn Text underlined is new text to be added. Bold text indicates a defined term FepN mamwm a.W 1 Man saw a Fum are Fbw FbarWaaf x.ln.aanlxrw Noanneun lelal Nam FaNNOFMrIa CalNe iMIFbW COPImMiNl Un aot' ewiMw C,TMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height Step -Back Projections and Recesses 1 2 C. Parking Standards 3 4 5 1. Mixed Use Projects 7 d. Parking Location 8 190 E ACCPCjan28P KT(122209). doc roam�mvmwm !2 j 1 if a 10 FxfMMhnum SlapGakbna nomnm $ BvU6blM1nw N.waamlwua. ar i WAOary � R FA9Nmwn i NweM6en NaWanINIOw CammarsNlwsuganW Camnwalwm MSNmMIUn Ow/ 0mYFroMmpanfalf Fbw FbarWaaf x.ln.aanlxrw Noanneun lelal Nam FaNNOFMrIa CalNe iMIFbW COPImMiNl Un aot' ewiMw C,TMUD Mixed Use Subdistrict and C -1 through C -5 Districts: Building Height Step -Back Projections and Recesses 1 2 C. Parking Standards 3 4 5 1. Mixed Use Projects 7 d. Parking Location 8 190 E ACCPCjan28P KT(122209). doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Text underlined is new text to be added Te)d stNkethro gh is-AwrFAnt teg to he deleted, Bold text indicates a defined term i. Off - street parking in front of buildings abutting US 41, Davis Boulevard or Airport- Pulling Road shall not exceed 50% of that building's parking requirement. a) The design shall be a single -aisle double - loaded parking lot. OTMUD • Mixed Up Subdlsfkd: Lwaffan of Of S&wt Parklm b) The remaining parking required shall be located on the side or rear of the building. Parking Location (For illustrative purposes only) pemdded an aide w learofFront Yard Build- fo-LJne. —J� OTM✓O - MKM by 6cc�NOn Now a a Fm YW BUOtl-tNJm 100%R.I~Paft,a M RwnaWe C=wLoto FlW Will 100 % ofpaddng I parmifred on aide or e �TF71AIr9�— Bugd-to Une. �FlOrgvWeumtolin i GTMUD Figure 5 191 E: \ccpgan28PKT(122209). doc nnn i�nm io�� • mou _ ti • J 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 E: \CCPCjan28PKT(122209).doc Text underlined is new text to be added. Text strikethrough is Gu�ent te)d to be deleted. Bold text indicates a defined term This page intentionally left blank. 192 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 Text underlined is new text to be added Bold text indicates a defined term LDC Amendment Request ORIGIN: BZA directed AUTHOR: Susan Istenes, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC4.72.19 LDC SECTION(S): 4.03.03 Exemptions 4.03.04 Lot Line Adjustments 10.02.02 Submittal Requirements for All Applications CHANGE: Re -write and organize for ease of understanding; add the condition that approval of a lot line adjustment shall not result in additional developable area per the BZA. Add a definitive time limit for the applicant to record the approved lot line adjustment. REASON: BZA directed FISCAL & OPERATIONAL IMPACTS: There will be fiscal impacts to the applicant. Under the current CDES fee schedule, the fee for lot line adjustments is $250.00, while the surveying fee for a lot line adjustment is in the neighborhood of $500.00. Under the proposed amendment, an applicant will be required to file a new subdivision plat. The CDES fee for review of the subdivision plat will be $1,000.00 plus $5.00 per acre (residential development) or $10.00 per acre for a nonresidential plat (including mixed use). The surveying fee will be around $5,000. RELATED CODES OR REGULATIONS: 10.02.02 which is also being amended this cycle. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: A property owner has the ability to amend a plat without limitation on the creation of buildable area (Item E below) through a different process (plat amendment). Version created 090909, Impacts revised 10/28/2009. Amens the LOU 4.03.03 Exemptions Before any property or development proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or designee. Procedures for application, review, and decision regarding 193 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 exemptions from these subdivision requirements are set forth in Chapter 10. To the extent 2 approved, the following may be exempted from these subdivision requirements. 3 4 A. Agriculturally related development as identified in the permitted and accessory uses 5 allowed in the rural agricultural district A and located within any area designated as 6 agricultural on the future land use map of the Collier County GMP and the Collier County 7 official zoning atlas, except single - family dwellings and farm labor housing subject to 8 section 5.05.03 shall be exempt from the requirements and procedures for preliminary 9 subdivision plats and improvements plans; provided, however, nothing contained herein 10 shall exempt such active agricultural uses from the requirements and procedures for 11 final subdivision plats, and where required subdivision improvements are contemplated, 12 the posting of subdivision performance security. 13 14 B. Reserved. 15 16 C. Reserved. 17 18 D. Reserved. 19 2o E. The division of land into cemetery lots or parcels shall be exempt from the requirements 21 and procedures for preliminary subdivision plats and improvement plans; provided, 22 however, nothing contained herein shall exempt such division of land into cemetery lots 23 or parcels from the requirements and procedures for final subdivision plats and, where 24 required subdivision improvements are contemplated, the posting of subdivision 25 performance security; and provided, further, that such division of land into cemetery lots 26 or parcels shall be subject to and comply with the requirements and procedures for site 27 development plans under Chapter 10, and shall obtain site development plan approval 28 for the entire property proposed for such division of land into cemetery lots or parcels. 29 3o F. The division of land which could be created by any court in this state pursuant to the law 31 of eminent domain, or by operation of law, or by order of any court, shall be exempt from 32 this section; if and only if the County Manager or designee and the County Attorney are 33 given timely written notice of any such pending action and given the opportunity to 34 signify that the county be joined as a party in interest in such proceeding for the purpose 35 of raising the issue of whether or not such action would circumvent or otherwise avoid 36 the purposes or provisions of this section, i.e., the subdivision regulations, prior to the 37 entry of any court order; and, if and only if an appropriate pleading is not filed on behalf 38 of the County within 20 days after receipt of such notice. However, if a pleading is filed 39 on behalf of the county within 20 days after receipt of such notice, such division of land 40 created by the court shall not be exempt from this section. 41 42 G. The division of land which creates an interest or interests in oil, gas, or minerals which 43 are now or hereafter severed from the surface ownership of real property shall be 44 exempt from this section. 45 46 H. All division of land occurring prior to the effective date of this LDC and conforming to the 47 purposes of this section, shall be exempt from this section; provided, however, that any 48 property so divided which is resubdivided or further divided on or after January 10, 1989, 49 shall not be exempt from this section. For agricultural /residential subdivisions within the 50 rural area of Collier County as defined herein, refer to subsection 4.03.04 I., below;, 51 Also see 'lot of record" in Chapter 1. 194 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 2 I. The division of property, occurring prior to July 15, 1998, meeting the definition of rural 3 subdivision shall not require the subdivider to record a final plat nor comply with the 4 subdivision regulations provided in section 4.03.00. Nor shall the division of property 5 occurring after July 15, 1998, in the rural area require the property owner to record a 6 final plat nor comply with the subdivision regulations provided in section 4.03.00, if the 7 property so divided has been the subject of a rezoning hearing by the BCC within the 24 8 month period preceding July 15, 1998. The subdivision of properties occurring after July 9 15, 1998 shall not be exempt from platting and filing a preliminary subdivision plat (PSP). 10 However, the applicability of all required subdivision improvements and standards as set 11 forth in section 4.03.00, required improvements, of this LDC shall be determined by the 12 County Manager or designee on a case by case basis. The applicant, through the 13 preliminary subdivision plat (PSP) process may request waivers from certain "required 14 improvements ". The subdivider and purchaser of property meeting definition (a) of rural 15 subdivision shall comply with section 4.03.03 of this LDC. The division of property not 16 meeting the definition of rural subdivision is required to comply with all requirements of 17 section 4.03.00. 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 4.03.04 Lot Line Adjustments .....! ...L.:..L. ... J _ .. with the f9lIOWiRg GE)RditiARF; A re set forth R Chapter I Q. EUMP9 ar t Provided the following conditions are met 1. Both landowners whose lot lines are being adjusted shall provide written consent to the adiustment• and E: \cc:pgan28PKT(122209).doc 195 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 Text underlined is new text to be added. Bold text indicates a defined term 2. No additional lots or building sites or residential density may be 3. Resultant lots and lot lines shall conform with the minimum size and dimensions of the zoning district in which they are located; and 4. Nonconforming situations (e.g. lots, structures or uses) shall not be created nor shall existing nonconforming situations be exacerbated ; and 5. A lot line adjustment shall not be approved if such adjustment changes otherwise applicable setbacks.. . . . . . . . . . . . . . 10.02.02 Submittal Requirements for All Applications B. Subdivision exemptions. 8. Lot line adjustment/reconfiguration (see section 4.03.04). An adjustmeRt Of develepment. 196 E: \CCPCjan28PKT(122209).doc 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 Text underlined is new text to be added Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: David Weeks, AICP, Planning Manager DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: 2009, Cycle 1 LDC PAGE: LDC5:18 LDC SECTION(S): 5.04.04 Model Homes and Model Sales Centers CHANGE: Amend Subsection 5.04.04.A. and B. to: (1) allow model homes and model sales centers in all subdivisions within the A, Rural Agricultural zoning district, not just rural subdivisions; (2) make model homes and model sales centers in the E, Estates and A, Rural Agricultural zoning districts subject to the same requirements and standards as those in residential zoning districts; and, (3) make corresponding minor edits for brevity. REASON: To bring the LDC into conformance with the Golden Gate Area Master Plan Element (GGAMP) of the Growth Management Plan (GMP); more specifically, the Estates designation, Estates - Mixed Use District, Conditional Uses Subdistrict, Special Exceptions to Conditional Use Locational Criteria provision (for the `B" zoning district). Also, for uniformity in application of this LDC provision (for the A" zoning district). GMP amendment petition CPSP- 2006 -13 was adopted on October 14, 2008. In part, it amended the GGAMP to mandate model homes in the Estates -Mixed Use District, as designated on the GGAMP Future Land Use Map (all of which is located in Golden Gate Estates and, with rare exception, is zoned "E "), be subject to the requirements of Section 5.04.0413. and C. The GGAMP provision is below, with the specific text highlighted for emphasis. 2. ESTATES DESIGNATION A. Estates — Mixed Use District 3. Conditional Uses Subdistrict e) Special Exceptions to Conditional Use Locational Criteria 1. Temporary use JU) permits for model homes, as defined in the Collier County Land Development Code, may be allowed an f wn the Estates -Mixed Use District. On dfa ,'noun vn, e, .e[o 1� n; d Ordinance No. 04 -41, as amended. Such conditional uses shall not be subject to the locational criteria of the Conditional Uses Subdistrict, and may be allowed anywhere within the Estates -Mixed Use District. 197 E: \ccpga n28PKT(122209). doc 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 Text underlined is new text to be added. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: None. Operationally, though not presently explicitly required in the LDC, the County has been applying the requirements and standards of Subsection 5.04.0413. and C. to applications in the "A" and "E" zoning districts. RELATED CODES OR REGULATIONS: Golden Gate Area Master Plan Element of the GMP. GROWTH MANAGEMENT PLAN IMPACT: The GMP only contains language explicit to location of model homes applicable to the "E" zoning district. This LDC amendment will bring this subsection of the LDC into conformance with that GMP provision. OTHER NOTESNERSION DATE: 7/17/2009 Amend the LDC as follows: 5.04.04 Model Homes and Model Sales Centers A. Model homes and model sales centers are intended to facilitate the sale of the model design or of products similar in design to the model. Model homes and model sales centers shall be of a temporary nature and may be allowed in the following zoning districts: Any residential zoning district or residential component of a PUD, in the estates zoning district, and in the agricultural zoning district as part of a moral subdivision, by the issuance of a temporary use permit. 2. However, a model center as a permitted use within a PUD, and not located within a dwelling unit or a temporary structure, such as a trailer, shall not require a temporary use permit. B. Model homes and model sales centers located within residential zoning districts, 9r within a residential component of a PUD, the estates zoning district, or the agricultural zoning district, shall be restricted to the promotion of a product or products permitted within the residential zoning district 9F Pds in which the model home or model sales center is located and further subject to the following: C. All model home site plans shall adequately address the following standards: 198 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 LDC Amendment Request 2 3 4 ORIGIN: Board of County Commissioners 5 6 AUTHOR: Stephen Lenberger, Senior Environmental Specialist 7 8 DEPARTMENT: Engineering and Environmental Services Department 9 10 AMENDMENT CYCLE: 2009 Cycle 11 12 LDC PAGE: LDC5:28 -5.30 13 14 LDC SECTION(S): 5.05.02 15 16 CHANGE: To clarify how the County will treat the length of shoreline within a conservation 17 easement when calculating the amount of wetslips according to the Manatee Protection Plan. 18 19 REASON: The rating system used in calculating the maximum number of wetslips in 20 accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum 21 number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is 22 to help determine the maximum wet slip densities in order to improve existing Manatee 23 protection, neither the LDC nor the Manatee Protection Plan specifically addresses shoreline 24 within conservation easements. 25 26 State agency staff from the Florida Fish and Wildlife Conservation Commission, have advised 27 County staff that the total length of shorelines, including that which is within conservation 28 easements, is used in the calculations for maximum allowable wetslips where the purpose of the 29 conservation easement is vegetation management. However, where the conservation easement 30 prohibits "in -water structures ", the length of shoreline within the conservation easement is 31 excluded from the calculations and thus, the number of allowable wetslips are reduced in 32 proportion to the length of the excluded shoreline. State staff indicate that "in -water structures" 33 can be characterized as the construction and operation of future docks, wet or dry slips, piers, 34 launching facilities or structures other than existing on the property, or activities detrimental to 35 drainage, flood control, water conservation, erosion control, soil conservation, or fish and 36 wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and 37 fencing. 38 39 In January 2006 during evaluation of a project, staff from the Office of the County Attorney 40 reviewed various documents including the existing conservation easement on the project, the 41 GMP, LDC, Manatee Protection Plan, State Statutes, and State cases in order to determine 42 whether shoreline length in the conservation easement area should be excluded from the 43 calculation to determine the number of allowable boat slips. The result of this review essentially 44 provided staff with a procedure that specified that staff should review the actual language of a 45 conservation easement to determine if the easement language excludes the use of the easement 46 shoreline to calculate the amount of wetslips. Inspecting the conservation easement to determine 47 its prohibitions is also consistent with the State's application. 199 EACCPCian28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 _ 2 During the April 22, 2008 BCC meeting, the BCC directed staff to meet with stakeholders and 3 bring back an amendment on how the County will treat the length of shoreline within a 4 conservation easement when calculating the amount of wetslips according to the Manatee 5 Protection Plan. Meetings were held with stakeholders on May 22, 2008, June 17, 2008 and May 6 13, 2009. 7 8 FISCAL & OPERATIONAL IMPACTS: Staff will need to review the language of the 9 conservation easement in order to determine if it excludes the shoreline from calculating 10 maximum allowable wetslips. Obtaining and evaluating the conservation easement for applicable 11 language should take no more than one hour of staff time. 12 13 RELATED CODES OR REGULATIONS: None 14 15 GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated the 16 Manatee Protection Plan within Conservation and Coastal Management Policy 7.2.1 and Policy 17 7.2.3. 18 19 OTHER NOTESIVERSION DATE: Created July 1, 2009. Revised August 20, 2009 20 21 22 Amend the LDC as follows: 23 24 5.05.02 Marinas 25 26 A. The following standards are for the purpose of manatee protection and are applicable to 27 all multi -slip docking facilities with ten slips or more, and all marina facilities. 28 29 B. Proposed developments will be reviewed for consistency with the Manatee Protection 30 Plan ( "MPP ") adopted by the BCC and approved by the DER If the location of the 31 proposed development is consistent with the MPP, then the developer will submit a 32 "Manatee Awareness and Protection Plan," which shall address, but not be limited to, 33 the following categories: 34 35 1. Education and public awareness. 36 37 2. Posting and maintaining manatee awareness signs. 38 39 3. Information on the type and destination of boat traffic that will be generated from 40 the facility. 41 42 4. Monitoring and maintenance of water quality to comply with state standards. 43 44 5. Marking of navigational channels, as may be required. 45 46 C. A rating system is established to evaluate proposed marina facilities. The purpose of the 47 marina site rating system is to help determine the maximum wet slip densities in order to 48 improve existing Manatee protection. The marina site rating system gives a ranking 49 based on three (3) criteria: water depth, native marine habitat, and manatee abundance. 200 E: \ccPCian28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the 2 boat traffic must be designated. For the proposed marina facility, an on -water travel 3 distance of five (5) miles is considered the sphere of influence. 4 5 1. A preferred rating is given to a site that has or can legally create adequate water 6 depth and access, will not impact native marine habitats, and will not impact a 7 high manatee use area (See Table 5.05.02(C)(5)). 8 9 2. A moderate ranking is given to a site where: there is a adequate water depth and 10 access, no impact to a high manatee use area, but there is an impact to native 11 marine habitat; there is adequate water depth, no impact to native marine habitat, 12 but impacts a high manatee use area; and when the water depth is less than four 13 (4) feet mean low water (MLW), no impact to native marine habitat, and no 14 impact to a high manatee use area. 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 3. A protected ranking is given to a site where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 4. The exact areas will depend on site specific data gathered during the site development process reviews. 5. Table of Siting Criteria I For shoreline vegetation such as mangroves, "no impact' is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. Preferred sites. New or expanded wet slip marinas and multi - family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. E ACCPCjan28P KT(122209).doc 201 Water Depth Native Marine Habitat Manatee Use Measured at MLW 4 ft. or Less than 4 No Impact Not High High more ft. Im act1 Preferred X X X Moderate X X X Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X X I For shoreline vegetation such as mangroves, "no impact' is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact' means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. Preferred sites. New or expanded wet slip marinas and multi - family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. E ACCPCjan28P KT(122209).doc 201 Text underlined is new text to be added. Text stkethrough 6 GUFrent text to be deleted. Bold text indicates a defined term 1 2. Moderate development sites. New or expanded wet slips and multi - family 2 facilities shall be allowed at a density of up to ten (10) boat slips for every 100 3 feet of shoreline. Expansion of existing dry storage facilities is allowed. 4 Construction of new dry storage facilities is prohibited. Expansion of existing boat 5 ramps is allowed. Construction of new boat ramps is prohibited. F1 7 3. Protected sites. New or expanded wet slip marinas and multi - family facilities shall 8 be allowed at a density of one (1) boat slip for every 100 feet of shoreline. 9 Expansion of existing dry storage facilities or construction of new dry storage 10 facilities is prohibited. Expansion of existing boat ramp or construction of new 11 boat ramps is prohibited. 12 13 E. If a potential boat facility site is ranked as moderate or protected because of its proximity 14 to a high use manatee area, its ranking can be increased if slow speed zones are 15 established that account for a significant portion of the expected travel route of the boats 16 using the proposed facility. In that case, the manatee criteria in the three (3) way test 17 (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow 18 speed zones are not existing, the County may establish, with DEP approval, additional 19 slow speed zones in order to mitigate the proposed additional boat traffic. 20 21 F. Existing facilities and facilities which had state or federal permits prior to adoption of the 22 MPP shall be exempt from these provisions, but will be subject to all other requirements 23 of this Code. 24 25 G The definition of shoreline for the purpose of the Manatee Protection Plan shall be the 26 interface of land and water at mean high water, as established using standard survey 27 techniques All of the shoreline will be used for calculating the maximum allowable 28 number of wetslips pursuant to the Manatee Protection Plan except for shoreline within 29 conservation easements where the conservation easement expressly and specifically 30 excludes the use of the easement shoreline to calculate the amount of wetslips. 32 (Ord. No. 05 -27, § 3.FF) 33 34 202 E ACCPCjan28P KT(122209).doc 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 LDC Amendment Request ORIGIN: BCC Directed AUTHOR: Zoning staff DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC8:1 -20 LDC SECTION(S): 8.03.00 8.03.01 8.03.02 8.03.03 8.03.04 8.03.05 8.03.06 8.03.07 8.03.08 8.04.00 8.04.01 8.04.02 8.04.03 8.04.04 8.04.05 8.04.06 8.05.00 8.05.01 8.05.02 8.05.03 8.05.04 8.06.00 8.06.01 8.06.02 8.06.03 8.06.04 8.06.05 8.06.06 8.06.07 8.06.08 8.06.09 8.06.10 8.07.00 8.07.01 E:\ccpqa n 28P KT(122209). doe Text underlined is new text to be added Bold text indicates a defined term Planning Commission Establishment; Powers and Duties Membership Quorum and Voting Rules of Procedure Compensation Meetings Staff Appeals Board of Zoning Appeals Establishment; Powers and Duties Membership Quorum and Voting Rules of Procedure Compensation Meetings Building Board of Adjustments and Appeals Establishment; Powers and Duties Membership Quorum and Voting Rules of Procedure Environmental Advisory Council Establishment Purpose Powers and Duties Membership Quorum and Voting Rules of Procedure Compensation Meetings Evaluation of the EAC Appeal Historic /Archaeologic Preservation Board Establishment 203 Text underlined is new text to be added. Bold text indicates a defined term 1 8.07.02 Powers and Duties 2 8.07.03 Membership 3 8.07.04 Compensation 4 8.07.05 Meetings 5 6 CHANGE: Move the provisions governing advisory boards' establishment, purpose, powers 7 and duties from the Land Development Code to the Code of Laws and Ordinances. Delete the 8 contents of Chapter 8 from the LDC. 9 10 REASON: The Board finds that it is in the public interest to relocate this portion of the Land 11 Development Code into the Collier County Code of Laws and Ordinances and to create separate 12 ordinances for each of these Boards, thereby making it easier to amend these rules and 13 regulations as the need arises, as well as to have the ordinances concerning all of the County's 14 decision - making and administrative bodies located within the same administrative section of the 15 Collier County Code of Laws and Ordinances. 16 17 FISCAL & OPERATIONAL IMPACTS: None 18 19 RELATED CODES OR REGULATIONS: Article VIII (Boards, Commissions, Committees 2o and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and 21 Ordinances. 22 23 GROWTH MANAGEMENT PLAN IMPACT: None. 24 25 OTHER NOTESIVERSION DATE: Created July 24, 2009 26 27 28 Amend the LDC as follows: 29 30 8.01.00 GENERALLY 31 8.02.00 BOARD OF COUNTY COMMISSIONERS 32 8.02.01 Powers and Duties 33 In addition to any authority granted to the Board of County Commissioners (BCC) by 34 general or special law, the Board of County Commissioners (BCC) shall have the following 35 powers and duties: 36 A. To initiate, hear, consider, and adopt amendments to the text of the Collier 37 County Growth Management Plan (GMP) or the Unified Development Code 38 (LDC); 39 B. To initiate, hear, consider and adopt amendments to the future land use map of 40 the Collier County GMP or the official zoning atlas of the LDC; 41 C. To designate and appoint hearing officers to make decisions as the BCC may 42 deem appropriate; 43 D. To act to ensure compliance with development orders or permits as approved 44 and issued; 204 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 E. To establish reasonable fees to be paid by applicants to recoup the County's 2 expenses and other costs, and to reimburse the County for the administrative 3 time and effort spent in accepting, processing, reviewing, or enforcing 4 development orders, development permits, or any other development approvals 5 or applications; and 6 F. To take such other action not delegated to the Planning Commission, the Board 7 of Zoning Appeals, the Building Board of Adjustments and Appeals, or the heads 8 of County departments, County divisions and County sections as the BCC may 9 deem desirable and necessary to implement the provisions of the Collier County 10 GMP, the LDC, and any other legitimate governmental interest. 11 12 13 8.03.00 Planning Commission — See Article VIII (Boards Commissions Committees and 14 _Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances 15 16 .tnhlish f Powers and Duties 17 18 powers and duties- 19 A. To sep�g as the IaGal 20 ;;nd development 21 22 23 24 25 26 +mom ■ - -: 29 r= Fevew, heaF, and 30 for _ FRearnmendations the _ -- _ the _ ISIREJ ■ - - - 36 depaFtment, 40 --ens, pnweFs and - - 42 and 44 205 E:\ccp qa n28 P KT(122209). doc 2 8.03.02 MembeFship • . 4 5 Text underlined is new text to be added. Bold text indicates a defined term 19 20 21 22 23 24 25 38 39 40 41 terms 9f ef+se 42 206 E: \ccpgan28P KT(122209).doc ie u� mi re # �J planning, � Y 10 he to the Planning FAP.FnhppF; 4hpil made se as previde 13 thog I PC 19 20 21 22 23 24 25 38 39 40 41 terms 9f ef+se 42 206 E: \ccpgan28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 3 rar�M I- ,- +o,.., s +tie .,-+- a ti,..._ ---" - -`- '- -- 4 is taken. eg 11 8-03-03 Quor-um and Voting . MrIl M-1- w . - 11 8-03-03 Quor-um and Voting �. 39 R- All meetingA ARGI heaFmRgS ef 'he Planning Gem 40 8-03-07 Sta 41 Tb- 16 BGG. 17 8-03-04 Rules of ftoeeduF 22 as may be deemed4te�. 25 Of -0 - - GARROGIRFRCiar - - - - ' 26 &AX.45-Cfflopeng"jon _ ameFAMRRtr tA thig 29 13GG. �. 39 R- All meetingA ARGI heaFmRgS ef 'he Planning Gem 40 8-03-07 Sta 41 Tb- 207 E: \CCPCjan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term � 7E7:7'.nT._'riT_�^.1�1fSJ'T7 2 8.03.08 Appeals 18 19 8.04.00 BOARD OF ZONING APPEALS — 20 and Authorities) of Chapter 2 (Administr 21 Ordinances. 22 23 o 04 01 r u• 1. Fewers and Duties fFGFR 1 R. - - - - '- __ ' 25 Rd dufies� OF designee peFtamping to the G9"ieF 32 GMP, the future land use Fnap, the . 33 MaRageF OF deSig!'160i in 28 agreements a-G-10-0-Fdanne with the stmet parking and shared paFkmAg a1-1thAFi;-z;;flAR of the BG(; to any OffiGial, depaFtment, 29 terms of there regulations; 8 Code, ep SwqUng COde(6). The WeFeSt may be shared im A-A—mmen with AthAF alleged adveme 1 1 Gemmunity by The BeaFd of CammissioneFs geed shaFed all PeF60RS. 67 4246, _ _ - ' 1 _ - h8FBaf, as said rhapter haG been 9F may be ameRded. _ _ _ _ _ _ _ __ _ _ 1 - -_ - _ - 6eNiGes direnter days of the date ef Ana, _• 18 19 8.04.00 BOARD OF ZONING APPEALS — 20 and Authorities) of Chapter 2 (Administr 21 Ordinances. 22 23 o 04 01 r u• 1. Fewers and Duties 42 9.040a AlembeFghip 43 208 E: \CCPCjan28P KT(122209).doc fFGFR 1 R. - - - - '- __ ' 25 Rd dufies� OF designee peFtamping to the G9"ieF 32 GMP, the future land use Fnap, the . 33 MaRageF OF deSig!'160i in 28 agreements a-G-10-0-Fdanne with the stmet parking and shared paFkmAg a1-1thAFi;-z;;flAR of the BG(; to any OffiGial, depaFtment, 29 terms of there regulations; 42 9.040a AlembeFghip 43 208 E: \CCPCjan28P KT(122209).doc fFGFR 1 R. - - - - '- __ ' 31 tatiCIRS made by the County OF designee peFtamping to the G9"ieF 32 GMP, the future land use Fnap, the . 33 MaRageF OF deSig!'160i 35 a1-1thAFi;-z;;flAR of the BG(; to any OffiGial, depaFtment, board, 9F Gemmms6men of the 1 67 4246, _ _ 41 h8FBaf, as said rhapter haG been 9F may be ameRded. 42 9.040a AlembeFghip 43 208 E: \CCPCjan28P KT(122209).doc Text underlined is new text to be added Bold text indicates a defined term 1 .. Af thp _ -.._ - I. 14 is eti.111. - 19 F .. _., members, - 22 8-04-03 Quor-um and-Voting -s of the RZA being PFeSeRt. All 24 the RZA, without a qUGFUM Consisting of at least a member - ---- by 26 M9-1 27 9-04M Rules 28 A BARRIS of Pmeedur-e R-f ZARing Appeals shall adept ruler, Imp the tFARSAGtOGR 7 Beards ef Zen"Rq Appeals shall hw99 RGt IRS-1.3 than 5 ROF FnGFe than tRR Af bus%66, (19) FneFnb9FS-. _ _ 31 perfleR of hea _ _ 14 is eti.111. - 19 F .. _., members, - 22 8-04-03 Quor-um and-Voting -s of the RZA being PFeSeRt. All 24 the RZA, without a qUGFUM Consisting of at least a member - ---- by 26 M9-1 27 9-04M Rules 28 A BARRIS of Pmeedur-e R-f ZARing Appeals shall adept ruler, Imp the tFARSAGtOGR - Af bus%66, aRri ghal, _ _ 31 perfleR of hea _ _ 39 f;ee fit f4eF - - of - - ' The - -- R ■ 44 Shall b9 GGRrMdeined-a&4f-�� 209 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 4 8- 04.06— A4eetiegs 9 rneetiRg tG be held within 7 days theraRftAr. In pase ef delays Gaused by etheF FeasqR6, 10 the heaFiRg she" be r4BArhAd---lAd tn the next RZA. meeting. The GeGFetaFy Shall RGtify aR 11 . 12 . 13 14 15 16 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS — See Article VIII (Boards, 17 Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County 18 Code of Laws and Ordinances. 19 20 205.01 Establishment and PUFPGSG 21 22 23 Seard'). 24 25 26 27 28 29 30 FIGFida Building Code and ReFida FiF8 PFeyentien Cede, a6 listed in GhapteF GAO, do net 31 apply, 9F that an equally good OF R;A-.FR- desipable faFrn of nenatFurtien Gan be employed 'R 32 33 34 buildiRg Gfflsla� 35 36 8.06.02 PeweFs and Duties 37 38 39 40 41 42 43 44 that the pF0ViGi0n6 of the ReFida Building Code and- Florida FiFe PFeyentieR 45 Cede, as listed in Ghapt8F One, dO Rat apply, or that an equally good eF FneFe 46 47 W11 E: \ccpgan 28PKT(122209).doc -- ME - - = - - _- - - 211 E: \ccpgan28PKT(122209).doc 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 Text underlined is new text to be added. Bold text indicates a defined term 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL — and Ordinances .... _ . _ . _ ° _ .T.11�1�T E: \ccpgan28PKT(122209).doc 212 M=2� MY— 11110PIPMR-20 e 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL — and Ordinances .... _ . _ . _ ° _ .T.11�1�T E: \ccpgan28PKT(122209).doc 212 Text underlined is new text to be added 1 Bold text indicates a defined term 2 3 4 5 6 ' 7 8 9 10 11 12 13 14 15 16 17 18 GMPLI 19 20 21 22 H- PFA-id 23 24 25 26 27 andieF Plags 28 29 30 31 32 K. As6ist In the implemeRtatinR of any new PFOgFaFns, G4nanGeS-,,jAd/GF-pG4G�_-B. 33 34 35 the 36 37 38 39 4 0 eensidelzatien; 41 42 43 GhRpteF fig_ and 44 45 46 47 48 49 50 51 213 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term • Y. ^T.:1fSST7•Yr�fYrl'i i.T- 1.T.LTT. rl Z.. 1TT......T��..... s•�•rrifn 3z�: OR - - - _ _ •- 4 FnpaGt (DRI); Iands with 6PBGiaI tFeatmeRt (ST) nr Brag of Gritiral state 6 P-,R%drG--RFR64RtR' irgUe13 Gannet be resolved between the app'*GaRt and staff and • Y. ^T.:1fSST7•Yr�fYrl'i i.T- 1.T.LTT. rl Z.. 1TT......T��..... s•�•rrifn 3z�: OR - - - 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 `77 OR •- ww".1 MASS E: \CCPCjan28P KT(122209). doc 214 -wl.�Mwmmml= Q Ai Z Mie Text underlined is new text to be added Bold text indicates a defined term 1 2 3 4 5 solid waste, StOFMwater management, watep reseurG96, wildlife manageMeRt, OF Ot 6 repFeGeRtative area deemed appFGPFwate by the BGG-. 7 8 9 R r- S 215 E: \ccpgan28P KT(122209).doe MM ff - - - - -- - - - _ -- .. N. - fzm IN IN IN _ e ... ..... .... .. ._ . .. _ _ _ 215 E: \ccpgan28P KT(122209).doe Text underlined is new text to be added. Text str4kethfough is Gwent te)d to be dBlated, Bold text indicates a defined term 1 2 3 4 5 nrl -M . 10 . 11 12 8-06.10 Appeal 13 14 15 16 and, MR# On ;vhinh there no e-thei: of appeal may file a 17 appeal, net IatBF thaR 1 Q days afteF said deGisien, 4-A-4th the PAC. The EAG will notify the 18 19 that 6UGh appeal shall be heard; suGh Ratifieatien well be giVeR 21 days POOF tO the 20 21 with'R 60 days of the subrnmerien of the appeal. Nle less th.g.n. 1.0 days PF'OF to the 22 23 ManageF OF his deSigRee GGPO86 Of the data and 049Fmatien they inteRd to use in the 24 appeal, and w 0 11 also simultaneously exGhaRg8 GUM CIRtR and informatiOR With eaGh 25 26 • The 27 28 29 of the EAG. 30 31 8.07.00 Historic /Archaeological Preservation Board — See Article VIII (Boards, 32 Commissions Committees and Authorities) of Chapter 2 (Administration) of the Collier County 33 Code of Laws and Ordinances. 34 35 8.07.01 Establishme 43 a 07 02 D....... «s and DutJies 44 45 46 47 48 tti�,e BG 49 50 51 `P E: \CCPgan28PKT(122209).doc Text underlined is new text to be added Bold text indicates a defined to ■ 1 •� NIEMEN Ift M. ■ 1 •� NIEMEN Ift Text underlined is new text to be added. Bold text indicates a defined term 2 , 3 buildings, and PFGPGFtmOS aS hoStOFOGally aFGhaeG1Gq0GaIIy 6191FIffifiGaRt; and 4 �•r,�n�a� ree!I ant xn 218 E: \ccpgan28PKT(122209).doc 1 - .._..._ ._ _ _ .. ' '. ... .. MMMMMM�= 22 -- 1 ----------- _ Vffi'!�.ql _ NO _ - _ 218 E: \ccpgan28PKT(122209).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Text underlined is new text to be added Bold text indicates a defined term E:\CCPCjan28PKT(122209).doc 219 w 20 To MR, wl- 111 A-1 RMEOR01-00--wo 111 -01114-11 E:\CCPCjan28PKT(122209).doc 219 w 11 2 pn rs(�'4`b�J!gr -,try II�UL�i LIf JUid Text underlined is new text to be added. Bold text indicates a defined term — 9 ORDINANCE NO. 20W 29 � AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELOCATING THE PLANNING .? COMMISSION ORDINANCE FROM THE LAND DEVELOPMENT CODE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A STAND -ALONE ORDINANCE WHILE CONCURRENTLY REPEALING SECTION 8.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, .powers and duties of a number of decision - making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/Archaeologic Preservation Board; and WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision - making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority,. the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's decision - making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances. E: \ccpgan28P KT(122209).doc I of 220 Text underlined is new text to be added Text sti kethro gh Bold text indicates a defined tern NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.03.00 (Planning Commission) of the Collier County Land Development Code in its entirety, as a separate, stand -alone ordinance, as follows: (1) Establishment; Powers and Duties There is hereby established a Planning Commission, which shall have the following powers and duties: A. To serve as the local planning agency (LPA), and land development regulation commission as required by § 163.3174 and 163.3194, F.S.; B. To prepareq or cause to be prepared, the Collier County GMP, or element or portion thereof, and to submit to the BCC an annual report recommending amendments to such plan, element, or portion thereof; C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and to submit to the BCC an annual report recommending amendments to the LDC; D. To initiate, hear, consider, and make recommendations to the BCC on applications for amendment to the text of the Collier County GMP and the LDC; E. To initiate, review, hear, and make recommendations to the BCC on applications for amendment to the future land use map of the Collier County GMP or the official zoning atlas of the LDC; F. To hear, consider, and make recommendations to the BCC on applications for conditional use permits; G. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments; H. To recommend to the BCC additional or amended rules of procedure not inconsistent with this section to govern the Phuming Commission's proceedings; I. To perform those functions, powers and duties of the Planning Commission as set forth in chapter 67 -1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or maybe amended; and .Page 2 of7 221 E: \CCPCja n28P KT(122209).doc 1 Text underlined is new text to be added. Text stAkethrough 6 GUFFSAt text to 138 deleted. Bold text indicates a defined term NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.03.00 (Planning Commission) of the Collier County Land Development Code in its entirety, as a separate, stand -alone ordinance, as follows: (1) Establishment' Powers and Dudes There is hereby established a Planning Commission, which shall have the following powers and duties: A. To serve as the local planning agency (LPA), and land development regulation commission as required by § 163.3174 and 163.3194, F.S.; B. To prepare, or cause to be prepared, the Collier County GMP, or element or portion thereof and to submit to the BCC an annual report recommending amendments to such plan, element, or portion thereof; C. To prepare, or cause to be prepared, the LDC to implement the Collier County GMP, and to submit to the BCC an annual report recommending amendments to the LDC; D. To initiate, hear, consider, and make recommendations to the BCC on applications for amendment to the text of the Collier County GMP and the LDC; E. To initiate, review, hear, and make recommendations to the BCC on applications for amendment to the future land use map of the Collier County GMP or the official zoning atlas of the LDC; F. To hear, consider, and make recommendations to the BCC on applications for conditional use permits; G. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official, department, board, commission, or agency of the County, state, or federal governments; H. To recommend to the BCC additional or amended rules of procedure not inconsistent with this section to govern the Planning Commission's proceedings; I. To perform those functions, powers and duties of the Planning Commission as set forth in chapter 67 -1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended; and EACCPCjan28PKT(122209).doc Page 2 of7.,___. 222 Text underlined is new text to be added Bold text indicates a defined term I To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of section 4.03.00. (2) Membership A. Qualifications. t. Members of the Planning Commission shall be permanent residents and qualified electors of Collier County. 2. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning, and related fields. Further consideration in the appointment of Planning Commission members shah be made so as to provide the Planning Commission with the needed technical, professional, business, and /or administrative expertise to accomplish the duties and functions of the Planning Commission. as Ret r fth'- this 3. The appointment of all members to the Planning Commission shall be by resolution of the BCC. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the BCC shall terminate the appointment of such person as a member of the Planning Commission. 4. A representative of the school district, appointed by the school board, shall serve as a non - voting member of the Planning Commission unless the BCC grants voting status to the school district representative. The school district member of the Planning Commission shall attend those Planning Commission meetings at which GMP amendments and rezoning that would, if approved, increase residential density of the property that is the subject of the application being considered. B. Appointment. The Planning Commission shall be composed of 9 members to be appointed by the BCC. All reappointments to the Planning Commission shall be made so as to achieve the following geographical distribution of membership: 1. One member: County Commission District. No. 4. 2. Two members: County Commission District No. 1. 3. Two members: County Commission District No. 2. Page 3 of 7 1 223 E: \ccpgan28PKT(t 22209).doc Ill Text underlined is new text to be added. Te)d stFlkathmugh is eument text to be deleted. Bold text indicates a defined term 4. Two members: County Commission District No. 3. 5. Two members: County Commission District No. 5(one from Immokalee). 6. One member: Appointed by the school district. C. Term. Each appointment or reappointment shall be for a term of 4 years. Each appointment and reappointment shall be made so that the terms of any 2 members from a single commission district shall not expire in the same year. D. Reappointment. A member may be reappointed by the BCC for only 1 successive term, unless there are no other qualified applicants for the member's position. Appointments to 611 any vacancy on the Planning Commission shall be for the remainder of the unexpired tent of office. E. Removalfromofce. 1. Any member of the Planning Commission may be removed from office by a four- fifths vote of the BCC, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within 30 days of the date on which the vote is taken, 2. If any member of the Planning Commission fails to attend 2 consecutive Planning Commission meetings without cause, the Planning Commission shall declare the member's office vacant and the vacancy shall be filled by the BCC. F. Officers. The membership of the Planning Commission shall elect a chairman and vice - chairman from among the members. Officers' terns shall be for 1 year, with eligibility for reelection. (3) Quorum and Voting The presence of 5 or more members shall constitute a quorum of the Planning Commission necessary to take action and transact business. In addition, a simple majority vote of at least 5 members present and voting shall be necessary in order to forward a formal recommendation of approval, approval with conditions, denial, or other recommendation to the BCC. (4) Rules of Procedure A. The Planning Commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business, and shall keep a record of meetings, resolutions, E: \ccPCla n28PKT(122209).doc 224 1 Text underlined is new text to be added TeA 6tiikethFOUgh is n"FFent text to be deleted-. Bold text indicates a defined term findings, and determinations. The Planning Commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary. B. The Planning Commission may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. (5) Compensation The members of the Planning Commission shall serve without compensation, but may be reimbursed for such travel, mileage, and/or per diem expenses as may be authorized by the BCC. (6) Meetings A. In order to provide convenience and promote public participation, meetings of the Planning Commission shall be held in the Immokalee area when matters pending before the Planning Commission are of sufficient concern to the Immokalee area to warrant such a meeting. The Planning Commission shall, by majority vote, make such determination at I of its regularly scheduled meetings well enough in advance to allow sufficient time to advertise such htunokalee meeting. All other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the Planning Commission or the BCC: B. All meetings and hearings of the Planning Commission shall be open to the public. (7) Staff The community development services division shall be the professional staff of the Planning Commission. (8) Appeals As to any land development petition or application upon which the Planning Commission takes final action, an aggrieved petitioner, applicant, or aggrieved party may appeal such final action to the Board of County Commissioners. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse affect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community E: \CCPCian28PKT(122209).doc 225 1 Text underlined is new text to be added. Bold text indicates a defined term good shared by all persons. The Board of County Commissioners may affirm, affirm with conditions, reverse or reverse with conditions the action of the Planning Commission. Such appeal shall be filed with the Development Services Director within 30 days of the date of final . action by the Planning Commission and shall be noticed for hearing with the Board of County Commissioners, as applicable, in the same manner as the petition or application was noticed for hearing with the Planning Commission. The cost of notice shall be home by the petitioner, applicant or aggrieved party. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.03.00 (Planning Commission) of the Collier County Land Development Code is hereby repealed in its entirety. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competentjurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word 'ordinance' may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. E:\ccPClan28PKT(122209).doc 6 of 226 Text underlined is new text to be added Bold text indicates a defined term PASSED AND DULY ADOPTED by the Board of County. Commissioners of Collier County, Florida, this 2Zk-kk day of �, 2009. ATTEST: DWIrHr&)R$OCY, CLERK ,:. y E: \CCPCja n28P KT(122209). doc BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:.—...d2Z26, cam! DONNA FIALA, CHAIRMAN 227 This ordinance filed with the Secreary of State's Office the day of JSdn1_., and acknowledgement of that fill received this day of By a.o�tie 1 2 Text underlined is new text to be added. Bold text indicates a defined term STATE OF FLORIDA) COUNTY OF COLLIER) I., DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCH 2009 -29 Which was adopted by the Board of County Commissioners on the 26th day of May, 2009, during Regular Session.. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of May, 2009. E: \CCPCjan28PKT(122209).doc DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board,,q£ County Commissioners i By: Martha vergare, —V�7 Deputy Clerk ,. � '. 228 Text underlined is new text to be added Bold text indicates a defined term 1 L_ DC Amendment Request 2 3 4 ORIGIN: Community Development & Environmental Services Division 5 6 AUTHOR: Stephen Lenberger, Senior Environmental Specialist 7 8 DEPARTMENT: Engineering and Environmental Services Department 9 to AMENDMENT CYCLE: Cycle 1, 2008 11 12 LDC PAGE: LDC10.104- LDC10.109 13 14 LDC SECTION(S): 10.02.06 Submittal Requirements for Permits 15 16 CHANGE: Change the requirement for annual vehicle on the beach permits to a one time 17 permit (vehicle registration), except for vehicles associated with construction, beach 18 nourishment and inlet maintenance, which shall continue to expire on April 30 of each year to 19 coincide with the beginning of sea turtle nesting season. 20 21 Include the requirement for maximum vehicle ground -to -tire pressure of ten PSI (pounds per 22 square inch) for vehicles in association with environmental related beach activities and include in 23 the exemption subsection, an exemption for government agencies responding to emergency 24 situations such as that generated by storm events. 25 26 Include in the amendment, the standard formula used by the State to calculate maximum vehicle 27 ground -to -tire pressure. 28 29 Include hand pulled or pushed carts /dollies/hand trucks or similar type equipment for personal 30 use in the exemptions subsection. 31 32 REASON: Currently all vehicle on the beach permits expire on April 30d' of each year to co- 33 inside with the beginning of sea turtle nesting season, thus requiring the issuance of new permits 34 each year. A one time permit (vehicle registration) will insure that new vehicles meet the 35 required ten PSI (pounds per square inch) ground to tire pressure without having to apply for a 36 new permit each year. The permit received will include information on the regulations for 37 operation of vehicles on Collier County beaches so applicants are aware of the requirements. 38 39 All vehicles on the beach, other than for beach nourishment type vehicles /equipment and 40 emergency vehicles are required to have a maximum ground -to -tire pressure of ten PSI. This 41 requirement was inadvertently left out for environmental work type vehicles when the vehicle on 42 the beach section of the LDC was last amended. 43 44 Government entities responding to emergency situations requiring the use of vehicles /equipment 45 not being able to meet the maximum ground -to -tire pressure of ten PSI have been included in the 46 exemption subsection. 47 229 E: \ccpgan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 Including the standard formula for calculating the maximum vehicle ground -to -tire pressure in 2 the Code will make it easier for applicants to locate the formula in which to make the 3 calculations. 4 5 Including hand pulled or pushed carts /dollies/hand trucks or similar type equipment for personal 6 use in the exemptions subsection should not have a detrimental effect on the beach since this 7 type equipment would be difficult to use and have very limited use on the beach if it did not meet 8 a maximum ground -to -tire pressure of ten PSI. 9 to FISCAL & OPERATIONAL IMPACTS: Time would be saved on the part of staff and the 11 applicant in preparing, reviewing and issuing permits each year for vehicles which have 12 previously demonstrated they meet the ten psi ground to tire pressure requirement. 13 14 According to the fee schedule approved by the BCC, vehicle on the beach permits cost $250. 15 Several vehicles may be registered under the same permit when used by the same entity. Permit 16 fees are waived in the fee schedule for public and non -profit organizations engaging in 17 environmental activities for scientific, conservation or educational purposes. 18 19 Some additional cost will be incurred upon the County initially to develop vehicle registration 20 stickers to be placed on vehicles to operate on the beach. 21 22 RELATED CODES OR REGULATIONS: 5.04.06 (not affected by this amendment) 23 24 GROWTH MANAGEMENT PLAN IMPACT: None 25 26 OTHER NOTESNERSION DATE: Created August 3, 2009. 27 28 29 Amend the LDC as follows: 30 31 32 10.02.06 Submittal Requirements for Permits 33 34 35 I. Vehicle on the beach regulations. 36 37 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. 38 It shall be unlawful: 39 40 a. To operate or cause to be operated a hand -, animal -, or engine- driven 41 wheel, track or other vehicle or implement on, over or across any part of 42 the sand dunes, hill or ridge nearest the gulf, or the vegetation growing 43 thereon or seaward thereof, or to operate or drive such a vehicle on the 44 area seaward thereof, commonly referred to as "the beach in Gellier 45 46 47 b. To alter or cause to be altered any sand dune or the vegetation growing 48 thereon or seaward thereof; make any excavation, remove any material, 230 EICCPCian28PKT(122209).doc 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 KI Text underlined is new text to be added. Bold text indicates a defined term trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in this Code. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall nesting season be subject to the following. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section a. Sheriff, city, state and federal police, emergency services, and the Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties, and government entities responding to emergency situations shall be exempt from the provisions of this section. b. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and /or for purposes allowed by Collier County Ordinance No. 89 -16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89 -16 remain stationary, except to access and egress the beach, shall be exempt from the provisions of this section if a permit has been obtained from the fer— inspesiien. The procedure for obtaining such a permit shall be by application on the form prescribed by Collier County to the eRViFenM9R stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and /or for purposes allowed by Collier County Ordinance No. 89 -16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and permit for if the County Manager or designee is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and /or purpose as described above and allowed by Collier County Ordinance No. 89 -16 will be served thereby. All permits issued are subject to the following conditions and limitations• 231 E: \ccpgan28PKT(122209). doc Text underlined is new text to be added. Bold text indicates a defined term Included with each permit application. C. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non - ambulatory persons and hand shall be exempt from the provisions of this section. d. Vehicle -on- the -beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach, are exempt from the provisions of this section if a vehicle -on the -beach permit has been granted by the County Manager or designee. All permits issued are subject to the following conditions and limitations: i. The use of vehicles shall be limited to set -up and removal of equipment for the permitted function. ii. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. iii. The types of vehicles permitted for this use may include ATVs, non - motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs. iv. All vehicles shall be equipped with lame pneamatis tires having a maximum ground -to -tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. V. Permits shall only be issued for ATVs when eaviKearaental depairtmeRt staff the County Manager or designee has determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies; or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. vi. When not in use all vehicles shall be stored off the beach. vii. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior - experience and training in nest surveys procedures and 232 E: \CCPCjan28PKT(122209).doc Text underlined is new text to be added. Bold text indicates a defined term 1 possessing a valid Fish and Wildlife Conservation Commission 2 Marine Turtle Permit; 2) there shall be no use of vehicles for set 3 up of chairs or hotel or commercial beach equipment, etc. until 4 after the beach has been monitored; 3) one ingress /egress 5 corridor onto and over the beach, perpendicular to the shoreline 6 from the owner's property, shall be designated by the COMAE 7 County 8 Manager or designee; additional corridors may be approved when 9 appropriate and necessary as determined by the E-SID County 10 Manager or designee; a staging area may be approved for large 11 events as determined by the €BB County Manager or designee 12 and 4) except for designated corridors, all motorized vehicles shall 13 be operated below the mean high water line (MHW), as generally 14 evidenced by the previous high tide mark. If at anytime €&9 the 15 County Manager or designee determines that the designated 16 corridor may cause adverse impacts to the beach, nesting sea 17 turtles, or the ability of hatchlings to traverse the beach to the 18 water, an alternative corridor shall be designated. If no alternative 19 is available, as determined by the €&9 County Manager or 20 designee, the vehicle -on- the -beach permit may be suspended for 21 the remaining period of the sea turtle season. 22 23 vii. These vehicles may not be used for transportation of people or 24 equipment throughout the day. The permit shall designate a 25 limited time for equipment set up and for the removal of the 26 equipment at the end of the day. 27 28 e. Permit for construction (excluding beach re- nourishment and 29 maintenance activities). Prior to beginning construction in proximity to a 30 sand dune for any purpose whatsoever, including conservation, a 31 temporary protective fence shall be installed a minimum of ten feet 32 landward of the dune. It shall be unlawful to cause or allow construction 33 and related activity seaward of such fence. Each permit for work shall 34 clearly indicate the provisions of this Code and the protective measures to 35 be taken and shall be subject to the provisions of section 10.02.06 1.3. 36 37 f. Beach raking and mechanical beach cleaning. 38 39 i. Beach raking and mechanical beach cleaning shall be prohibited 40 on undeveloped coastal barriers unless a state permit is obtained. 41 42 ii. Beach raking and mechanical beach cleaning must comply with 43 the provisions of section 10.02.06 I. of this Chapter. 44 45 iii. Beach raking and mechanical beach cleaning shall not interfere 46 with sea turtle nesting, shall preserve or replace any native 47 vegetation on the site, and shall maintain the natural existing 48 beach profile and minimize interference with the natural beach 49 dynamics and function. 50 51 iv. Beach raking and mechanical cleaning shall not occur below 233 E: \CCPCjan28PKT(122209).doc Text underlined is new text to be added. �rikethFough is G"ReAt 18;d tO be deleted; Bold text indicates a defined term 1 MHW on the wet sand area of beach which is covered by high 2 tide and which remains wet during low tide. Bbeach raking and 3 mechanical beach cleaning shall not operate or drive within 15 4 feet of dune vegetation and endangered plant and animal 5 communities, including sea turtle nests. Surface grooming 6 equipment that does not penetrate the sand may operate or drive 7 to within ten feet of dune vegetation and endangered plant and 8 animal communities, including sea turtle nests. 9 10 V. Beach raking and mechanical beach cleaning devices shall not 11 disturb or penetrate beach sediments by more than the minimum 12 depth necessary, not to exceed two inches, in order to avoid a 13 potential increase in the rate of erosion. 14 15 vi. Vehicles with greater than ten psi ground to tire pressure, shall not 16 be used to conduct beach raking. Vehicles with less than ten psi 17 ground to tire pressures, in conjunction with the attachment of a 18 screen, harrow drag or other similar device used for smoothing 19 may be used to conduct beach raking upon approval of the Ebb 20 County Manager or designee. 21 22 vii. Mechanical beach cleaning involving sand screening or a 23 combination of raking and screening shall only be conducted on 24 an "as needed" basis as determined by the pubes utilities 25 26 department County Manager or designee. Necessity will include 27 when large accumulations of dead and dying sea -life or other 28 debris remains concentrated on the wrack -line for a minimum of 29 two tidal cycles following a storm event, red tide or other materials 30 which represent a hazard to public health. 31 32 g. Vehicles associated with beach nourishment and inlet maintenance. 33 34 i. Heavy equipment used in conjunction with beach nourishment, 35 inlet maintenance, to accomplish FDEP permit requirements, or 36 other unusual circumstance as determined by the GDF9 37 admiaistraief County Manager or designee, which cannot meet 38 the standard PSI, will require compaction mitigation. Mitigation 39 shall be accomplished by tilling to a depth of 36 inches or other 40 FDEP approved methods of decreasing compaction. Beach tilling 41 shall be accomplished prior to April 15 following construction and 42 for the next two years should compaction evaluations exceed 43 state requirements. 44 45 ii. Utilization of equipment for the removal of scarps, as required by 46 FDEP, shall be limited to an ingress /egress corridor and a zone 47 parallel to the MHW. Scarp removal during sea turtle season shall 48 have prior FDEP approval and coordinated through the FDEP, 49 FWCC, GGESD the County Manager or designee, and the person 50 possessing a valid Fish and Wildlife Conservation Commission 51 Marine Turtle Permit for the area. 234 E: \CCPCjan28PKT(122209). doc 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 Text underlined is new text to be added. Bold text indicates a defined term iii. No tilling of the beaches shall occur during sea turtle nesting season. 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self - propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this section. Permits issued pursuant to this section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this section are subject to the following penalties: a. Violations of section 10.02.06 1.2.f above which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. b. Minor infractions of section 10.02.06 1.2.f above which occur during sea turtle nesting season are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: b a) without permit being available for inspection; or b) with improper tire pressure. G. Major infractions of section 10.02.06 1.2.f above which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation: $1,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Second violation: $2,500.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, 235 EACCPCjan28PKT(122209).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Text underlined is new text to be added. Bold text indicates a defined term whichever is less. Third or more violation: $5,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. d. Violations of section 10.02.06 I., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. e. Violations of sections 10.02.06 I. which occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) with permit not available for inspection; or b) with improper tire pressure. 236 EACCPCjan28PKT(122209).doc