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DSAC Agenda 04/04/2012 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA April 4, 2012 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order,and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order-Chairman II. Approval of Agenda III. Approval of Minutes from March 7,2012 Meeting IV. Public Speakers V. Staff Announcements/Updates A. Public Utilities Division Update—[Nathan Beals] B. Fire Review Update—[Ed Riley] C. Growth Management Division/Transportation Engineering—[Jay Ahmad] D. Growth Management Division/Planning&Regulation Update—[Jamie French] VI. Old Business VII. New Business A. Collier County's Draft Corridor Preservation Ordinance [Reed Jarvi] B. LDC Amendment updates [Caroline Cilek] VIII. Committee Member Comments IX. Adjourn Next Meeting Dates May 2, 2012 GMD Conference Room 610—3:00 pm June 6, 2012 GMD Conference Room 610—3:00 pm July 11, 2012 GMD Conference Room 610—3:00 pm August 1, 2012 GMD Conference Room 610—3:00 pm September 5, 2012 GMD Conference Room 610—3:00 pm Fire Plan Review-Time Frame Summary February-12 Number Number Average #of 1st %of 1st Percentages of of Time in Reviews Reviews Within Time Reviews Days Days Approved Approved Frames Architectural Reviews Total 491 2199 4.48 1st Review 334 1887 5.65 221 66% 97/10 Days 12 Day Max 2nd Review 131 255 1.95 93/3 Days 3rd Review 17 39 2.29 82/3 Days 4th Review 8 17 2.13 75/3 Days 5th Review 1 1 1.00 100/3 Days Total 2-5 Reviews 157 312 1.99 91/3 Days *12 Day Max Fire Sprinkler Reviews Total 47 132 2.81 1st Review 30 102 3.40 16 53% 100/10 Days 7 Day Max 2nd Review 12 20 1.67 100/3 Days 3rd Review 3 9 3.00 100/3 Days 4th Review 1 1 1.00 100/3 Days 5th Review 1 0 0.00 100/3 Days Total 2-5 Reviews 17 30 1.76 100/3 Days 3 Day Max Underground Reviews Total 14 45 3.21 1st Review 8 29 3.63 5 63% 100/10 Days 7 Day Max 2nd Review 4 13 3.25 75/10 Days 4th Review 1 2 2.00 100/3 Days 5th Review 1 1 1.00 100/3 Days Total 2-5 Reviews 6 16 2.67 83/3 Days **9 Day Max Fuel&LP Gas Reviews Total 6 6 1.00 1st Review 2 5 2.50 1 50% 100/10 Days 5 Day Max 2nd Review 3 1 0.33 100/3 Days 3rd Review 1 0 0.00 100/3 Days Total 2-3 Reviews 4 1 0.25 100/3 Days 1 Day Max flood&FSUP Reviews Total 11 32 2.91 1st Review 7 22 3.14 2 29% 100/10 Days 5 Day Max 2nd Review 4 10 2.50 75/3 Days Total 2nd Review 4 10 2.50 75/3 Days **4 Day Max Fire Alarm Reviews Total 211 571 2.71 1st Review 179 537 3.00 150 84% 100/10 Days 5 Day Max 2nd Review 26 23 0.88 100/3 Days 3rd Review 6 11 1.83 100/3 Days Total 2-3 Reviews 32 34 1.06 100/3 Days 2 Day Max Summary 1st Review 560 2582 4.61 395 71% 98/10 Days Corrections 220 403 1.83 93/3 Days Overall Totals 780 2985 3.83 *Architectural review had time frames extended waiting for response from designer **UG and Hood had time frames extended waiting for additional paperwork from contractor Office of the Fee Code Official 2700 N.Horseshoe Dr. Naples.FL 34104 DSAC—LDR Sub-Agenda April 4,2012 All of the proposed amendments and related documents can be accessed at the LDC Amendments webpage: LDC Amendments webpage.The LDC Amendments listed below will be ready for review on the webpage on Friday, March 30tH LDC Amendments to review: 1.) 10.01.02 Development Orders Required- Early Construction Permit DSAC to approve: 1.) 10.01.02 Development Orders Required- Early Construction Permit 2.)4.02.14 Design Standards for Development in the ST and ACSC-ST Districts and 9.0402 Types of Variances Authorized 3.)4.02.01 D AC Encroachment 4.)4.06.02 Buffer Requirements 5.) 5.05.04 D Group Housing FAR change Update on other amendments: 1.) 5 05 08 Architectural and Site Design Standards 2.) 6 06 01 Street System Requirements-sidewalks and pathways 3.) 10 02 03 B 1 b Submittal Requirements for SDPs-digital 3/28/12 March 7,2012 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING March 7, 2012 LET IT BE REMEMBERED that the Collier County Development Services Advisory Committee, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION in Conference Room#610, Collier County Growth Management Division, Planning & Regulation Office, 2800 North Horseshoe Drive, Naples, Florida, with the following Members present: Chairman: William Varian Vice Chair: David Dunnavant James Boughton Laura Spurgeon De John Dalas Disney Marco Espinar Blair Foley George Hermanson David Hurst Robert Mulhere Mario Valle Ronald Waldrop (Vacancy) Excused: Clay Brooker Absent: Ray Allain ALSO PRESENT: Jamie French, Director—Operations & Regulatory Management Judy Puig, Operations Analyst— Staff Liaison Reed Jarvi, Manager—Transportation Planning Ed Riley, Fire Code Official—Fire Code Office Aaron Comer, Principal Project Manager—Public Utilities Caroline Cilek, M.C.R.P., Senior Planner—LDC Coordinator Chris Scott, Senior Planner 1 March 7,2012 I. CALL TO ORDER: Chairman Varian called the meeting to order at 3:03 PM and read the procedures to be observed during the meeting. A quorum was established. Eleven members were present. II. APPROVAL OF AGENDA: Robert Mulhere moved to approve the Agenda as submitted. Second by George Hermanson. Carried unanimously, 11 —0. III. APPROVAL OF MINUTES—FEBRUARY 1,2012: James Boughton moved to approve the Minutes of the February 1, 2011 Meeting as submitted. Second by Robert Mulhere. Carried unanimously, 8—0. (Note: David Dunnavant, Blair Foley, and George Hermanson could not vote because they did not attend the February meeting.) IV. DSAC POSITION VACANCY: REVIEW AND VOTE Chairman Varian stated the vacant position(formerly held by Reed Jarvi) had been advertised. Only one individual applied, to wit: Christopher R. Mitchell of Mitchell Engineering Group, LLC, who is a land development consulting Civil Engineer. Robert Mulhere moved to approve the application of Christopher R. Mitchell and recommend to the Board of County Commissioners to appoint Mr. Mitchell to the Development Services Advisory Committee. Second by David Hurst. Discussion: • It was noted five DSAC members are Engineers. • A suggestion was made to target future advertising to the areas of expertise needed to complete the Committee. • Judy Puig, Staff Liaison, will contact Ian Mitchell, BCC Office, to request advertising which lists specific categories. Chairman Varian called for a vote. Motion carried unanimously, 11 — 0. V. PUBLIC SPEAKERS: (None) (Dalas Disney arrived at 3:10 PM) VI. STAFF ANNOUNCEMENTS/UPDATES: A. Public Utilities: Aaron Kromer • Update: Gravity Sewers—Maximum Depth o Evaluation continues—cost has not been determined 2 March 7,2012 B. Fire Review: Ed Riley, Fire Code Official—Fire Code Office • Monthly Activity Report was submitted for January 2012 o Plan Reviews conducted—686 (December 2011 —731) o Review turn-around times have been meeting objectives o Expedited Reviews: 5 were conducted • Overtime hours (11) are reimbursed by the contractor(s)who requested an expedited review C. Transportation Engineering: Reed Jarvi, Manager—Transportation Planning • Public Information Meeting will be held on March 8th in Golden Gate o Topic: White Blvd. (replacement) Bridge and 23rd Street (temporary) Bridge o Due to downturn in economy and slow population growth, it was decided a full replacement will not be needed as quickly as originally thought o A temporary bridge will be constructed while the White Blvd. bridge is replaced o DOT determined the White Blvd. Bridge is functionally deficient and will be completely replaced(including sidewalks and bike lanes) o A temporary traffic light will be installed at Golden Gate • I-75/Everglades Blvd. IJR("Interchange Justification Report") is moving forward o The CEEE ("Cumulative Environmental Effects Evaluation")Dispute Resolution Team held a meeting approximately two weeks ago • Determination: locating an interchange at 1-75 and Everglades Blvd. will result in minimal environmental changes • The IJR should be completed during the summer Q. Davis/Collier Blvd. Project There were two left turning lanes from Collier Blvd. onto Davis Blvd. (north to west)which have been reduced to a single turning lane due to construction and the signal time has been shortened. During"season," it is an impossible situation. Mr. Jarvi will forward the information to the proper party. Mr. Jarvi noted the final Technical Memorandum from the Dispute Resolution Team is due on February 15th. A Public Hearing had been held on March 1St D. Planning & Regulation: Jamie French, Director—Operations & Regulatory Mgmt. • Florida Building Code will become effective on March 15th o In 2009, the Board of County Commissioners approved exempting certain permitting requirements for single-family homes under Ordinance#2009-59. The State has declared the Ordinance will be null and void as of March 15th. 3 March 7,2012 o A new Ordinance will be presented to the BCC which will be identical to #2009-59 except for changes in the language to reference the 2010 Building Code. o After the Board has adopted the new Ordinance, it will be recorded with the State and become effective 60 days thereafter. • Activity Report o Most permits are for single-family homes o Very little commercial or multi-family o Land Development—remains steady at 1 to 2 SDPs ("Site Development Plan")per month o Insubstantial Changes Amendments have been submitted for pre-approved building lots (many of which have been pre-sold) or for developments • Fee Revenue o Has been steady—right at Budget levels o 14"job bankers" are in training—3 are Inspection positions for individual trades—anticipating a"rush"to obtain permits and C/Os due to new Florida Building Code • Commercial Zoning Certificate and Temporary Use Permits o Showing strong trends—the current inventory is being utilized o Most for build-outs ... very little activity for new buildings Q. Will the office close early on March 15th when the new Florida Building Code is issued? A. Will accept permits up to 4:00 PM—Staff may be staggered—many are being cross-trained to issue permits. A possibility may be to shut off at 3:00 PM but accept applications up to 5:00 PM. Dalas Disney again asked about the possibility of issuing Reviewers' Letters in "Word" format rather than as a PDF document; Mr. French stated he would bring the issue to the "CityView"representatives. A suggestion was offered regarding "Web Portal"to establish a"sounding board"to obtain issues to present to "CityView" at one time rather than piece-meal and analyze what changes are the most cost effective to make. Jamie French asked the members to send their issues/questions/suggestions to Judy Puig who will forward to him—will be reviewed/discussed at the next DSAC meeting. • Fee Schedule—Reporting Items Jamie French noted: o The language stated that the County would provide DSAC with activity levels on an annual basis 4 March 7,2012 o The Fee Schedule identified the amount of "cash on hand"—i.e., funds not committed to a specific purpose o The Board of County Commissioners adopted the cash on hand figure as "reserves"—if the amount exceeded the total budget by 50% or more, a review of the Fee Schedule was triggered He asked if the Committee wished to see the figures on a quarterly or annual basis. Consensus: An annual presentation of the Budget preparation will be sufficient. VII. OLD BUSINESS: A. Update—LDC Amendments: Caroline Cilek, Senior Planner—LDC Coordinator LAND DEVELOPMENT CODE AMENDMENTS 2012—CYCLE 1 1. Section 9.04.08—Administrative Adiustments Caroline Cilek stated: • The County Attorney's Office made a few minor changes. • The adjustments that can be made are still under review—"work in progress." • Setback reductions were limited to 25 percent, but no greater than five feet. • Nick Casalanguida, author,proposed changes to buffers between"like uses" such as a shopping center(i.e.,buffers between two C-2 retail businesses) to either: share, reduce, or eliminate the buffer if parking facilities are shared. The issue will be addressed in a separate (new) LDC Amendment. • The EAC ("Environmental Advisory Council") has reviewed the Amendment. • The Amendment will be presented to the Planning Commission for review in April. Approved Revisions: Page 3: • B (1) (a) and(b): "diminution"was changed to "reduction" • C (3): "mitigation"was changed to "adequate mitigation" • D (1): "registered professional engineer"was changed to "appropriate design professional" (to be consistent with procedures for SDP and SIP) Page 4: • D (5): the word "his"was deleted, i.e., "County Manager or designee ..." (as referenced throughout the document) George Hermanson moved to accept and approve the Amendment with the discussed revisions. Second by Robert Mulhere. 5 March 7,2012 Motion carried, 9— "Yes"/3— "No." Blair Foley, David Dunnavant, and Dalas Disney were opposed. Caroline Cilek encouraged DSAC members to attend the Planning Commission meeting to defend the changes. 2. Update: Administrative Code—Chris Scott • Moving forward—procedural aspects are being removed from the LDC into a separate (stand-alone) document: o Will enable future changes to procedures (such as application contents, which Staff member is to review/approve insubstantial changes, designation of time lines, etc.)to be more easily amended o The procedure will be simplified—less lengthy • Drafts of the Administrative Code and of a Text Amendment to remove the procedures from the LDC and create criteria to authorize the County Manager to create the Administrative Code have been written • Anticipating presentation to the Board of County Commissioners within one month after the LDC Amendment Cycle has concluded • The drafts are not yet available online for review—still in progress Caroline Cilek noted: • The Collier County Planning Commission("CCPC")will review the Amendments during a special session to be held on April 13tH • Review of the Administrative Code is anticipated to be scheduled for review by the CCPC during May. • Next step—the documents will be presented to the Board of County Commissioners,beginning in June and ending in September. • DSAC members were again encouraged to attend the Planning Commission meeting 3. LDR Subcommittee • Will meet on March 19th to review new Amendments 4. Section 4.02.01 D—Exemptions and Exclusions from Design Standards Purpose: To allow air conditioning(A/C) units that must be elevated in order to meet flood elevation requirements to encroach into any yard provided that minimum building separations are maintained, consistent with Staff Clarification SC 07-01. "The LDC also allows setback/yard encroachments for window or wall-mounted A/C units for up to two feet (D.6.). In the special flood hazard areas, primarily the coastal VE zones, the A/C units are required to be elevated to the same level as the first habitable floor(above the Base Flood Elevation), and cannot be constructed as slab on grade. " 6 March 7,2012 Jamie French provided background information: • A complaint was made concerning many of the homes built within the flood plains ("VE"zone—North Naples) regarding the requirement to raise A/C units (pad)up to the base flood elevation. • A Staff interpretation, made in 2007, stated encroachment into the side yard was allowed on pad-mounted A/C units which were elevated only to meet FEMA requirements (cantilevered). The elevated units were treated the same as pad-mounted units. • The LDC does not contain language to support the interpretation—it only states"pad mounted." • The basis for the objection was the type of encroachment—suggestion was to reduce the size of the home or recess the A/C units. • Nick Casalanguida requested that the Amendment is reviewed during the LDC Cycle. Chris Scott: • The LDC currently permits some encroachment for pad-mounted A/C units—it was not codified. "D. Exemptions and exclusions from design standards. 9. Fences, walls and hedges, subject to section 5.03.02, ground (slab on grade) mounted air conditioners, unenclosed pool equipment and well pumps, are permitted in required yards, subject to the provisions of section 4.06.00. For the purpose of this section, ground mounted air conditioners include units that are required to be elevated to meet flood elevation, including their supporting structures, provided the minimum separation of structures is maintained." (Note: Inserted language was underlined.) • There is an exception for generators. • Cannot cantilever over the property line. • The Amendment will codify the language to clarify that it pertains to A/C units and their support structures which are required to be elevated to meet flood zone requirements • Applies to single-family homes Suggestion: Camouflage the unit by using a louvered screen which could provide some sound dampening and be aesthetically pleasing while not hindering air flow or servicing of the unit. Dalas Disney pointed out some A/C manufacturers (such as "Trane") offer an acoustical "shroud"or blanket for newer units which is mounted inside and around the compressor motor to provide some noise abatement. 7 March 7,2012 George Hermanson suggested revising the inserted language: • First sentence: Remove "ground(slab on grade)mounted" • Second sentence: Remove"For the purpose of this section" • Second sentence: "This includes air conditioners that are ground mounted units or units that are required to be elevated ..." 5. "Florida Specialties"Amendment Caroline Cilek noted a new LDC Amendment will allow creation of a permit which will authorize early construction. Jamie French provided background information: • A company may want to expand its operations but the deadlines do not necessarily coincide with the County's deadlines. o Business would like to simultaneously submit permit applications at the beginning versus going through the Land Use and/or Zoning aspect of the approval process. o A building permit would be submitted with the initial SDP. o The Board of County Commissioners approved the "Florida Specialties"but directed the County to develop a process for review by the BCC. • A draft of the document will be reviewed by the Building Department, Land Use Planning, and Fire Code Office prior to presentation to DSAC. Robert Mulhere pointed out projects will be limited because the first threshold will be to determine whether a jurisdictional permitting process is required. If it is, the project will not qualify. Jamie French stated it is recognized to be an"at risk" situation, i.e., to run vertical construction before a final approval is obtained. He further stated the Florida Building Code does allow early work authorization. The goal is to modify the LDC to allow the County to take a more pro-business approach. Caroline Cilek noted Amendments previously initiated and authored by the CBIA will go forward as "Staff sponsored" and"Staff sponsored"—some of the changes have been removed. The CBIA was advised of the changes made by Staff The Amendments will be reviewed by DSAC. Jamie French stated the sponsorship change was made to prevent the CBIA from incurring a cost to submit the Amendments. VIII. NEW BUSINESS: • Chairman Varian stated copies of emails between Ed Riley and Nick Casalanguida were provided to DSAC members. He further stated DSAC is available to assist both Mr. Riley and Mr. Casalanguida in any way possible. 8 March 7,2012 IX. COMMITTEE MEMBER COMMENTS: • David Hurst announced his resignation from DSAC due to a conflict of interest. He has accepted a position with the SW Florida Water Management District, effective April 2012, and will be the Supervisor of water use permitting. • Judy Puig will contact Ian Mitchell at the BCC's office to advertise the vacancy. NEXT MEETING DATES: (Meetings will commence at 3:00 PM unless otherwise notified) • April 4, 2012 • May 2, 2012 • June 6, 2012 • July 11, 2012 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:26 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE William Varian, Chairman The Minutes were approved by the Board/Committee Chair on , 2012 as submitted" [ 1 OR "as amended" [ 9 Office of the Fire Code Official Summary of Plan Review Activity February-12 Architectural Reviews 491 Sprinkler Reviews 47 Underground Reviews 14 Fuel&LP Gas Reviews 6 Hoods&FSUP Reviews 11 Alarm Reviews 211 SDP Reviews 74 Total#of Plans Reviewed 854 Number of Work Days 20 Average#of Plans Reviewed per Day 43 ASAP Reviews per Building Department: 5 Per County 16 AC Change Outs 3 Low Voltage 5 Tents Total#of ASAP Reviews*: 29 Total ASAP Reviews per Day 1 *Overtime Reviews are not included in this figure Scheduled Meetings/Hours: Ed: 24.50 Hrs. Bob: 38.00 Hrs. Jackie: 5.91 Hrs. Ricco: 36.75 Hrs. Maggie: 3.67 Hrs. Classes and Seminars attended by FCO: Participant 2/1 Fire Caucus,Tallahassee Ed Riley Total Overtime Hours for the Fire Code Office - 16 *Overtime Hours Reimbursed by Contractors - 16 (7 Reviews) In addition to the above-mentioned tasks,The Fire Code Official's Office fields numerous phone calls,walk-ins,field inspections and impromptu meetings. Office of the Fire Code Official 2700 N.Horseshoe Dr. Naples,FL 34104 ORDINANCE NO. 2011- AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY TRANSPORTATION CORRIDOR PRESERVATION PLAN ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR APPLICABILITY; PROVIDING FOR PROCEDURES; PROVIDING FOR DENSITY AND INTENSITY OF DEVELOPMENT ON TRANSPORTATION CORRIDORS;PROVIDING FOR ADOPTION AND UPDATES OF TRANSPORTATION CORRIDOR PLANS;PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County has studied the transportation needs of the County; and WHEREAS, Collier County periodically updates the Long Range Transportation Plan to assure county-wide mobility through the development of the transportation system; and WHEREAS, it is in the best interests of the public and citizens of the County to anticipate future needs where existing right-of-way(ROW) is not adequate or where roads have not yet been constructed or developed to the full proposed extent as shown on the Metropolitan Planning Organization's (MPO) currently adopted Long Range Transportation(Needs) Plan(LRTP), or other Collier County Board of County Commissioners (Board) approved studies that determine the County's mobility needs at build-out, in order to establish harmonious, orderly, efficient development of the County and ensure a safe and efficient transportation system; and WHEREAS, the management and preservation of future transportation corridors is necessary to implement coordinated land use and transportation planning, to provide for future planned growth, to secure a County transportation system that is adequate to meet future needs, and to assist in satisfying the transportation concurrency requirements of the County; and WHEREAS, future corridors and areas along existing rights-of-way should be preserved 1 and should limit permanent encroachment consistent with the long-range transportation plans for the development of the County; and WHEREAS, owners of land that is located in or adjacent to existing rights-of-way or future rights-of-way should receive notification, information and the opportunity to coordinate a smart approach to land development; and WHEREAS, adoption of this Ordinance implements the goals, objectives and policies of the Collier County Growth Management Plan; and WHEREAS, the management of the County's Transportation Corridors helps to facilitate land use development in the County that is planned and coordinated in consideration of the needs of the County for the development of future Transportation Corridors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: DEFINITIONS. A. Development Permit shall mean any order, permit, determination, or action granting or denying an application for any final local development order,building permit,temporary use permit, temporary construction and development permit, construction approval for infrastructure,approved development of regional impact,zoning ordinance amendment,site development plan approval, subdivision approval,rezoning,PUD amendment, conditional use, variance, or any other official action of Collier County having the effect of permitting development as defined in the Collier County Land Development Code. B. Development Site shall mean the total area of the lot,tract or parcel which is the subject of an application for a Development Permit. C. Interim Use shall mean a use of the land in a Transportation Corridor prior to the date of conveyance of such land to the County for ROW,whether such conveyance is by dedication, acquisition or other means. D. LRTP shall mean the Long Range Transportation Needs Plan adopted from time to time by the Collier County Metropolitan Planning Organization that identifies transportation improvements and services that are needed to serve Collier County over the next twenty-five 2 year horizon. The Long Range Transportation Plan is a multi-modal plan addressing different types of travel including automobile, trucks,bus, air, bicycling and walking. E. Planned Corridor shall mean Transportation Corridors shown in the adopted LRTP,or other Board approved studies that determine the County's mobility needs at build-out,that are not funded. F. Protected Corridor shall mean Transportation Corridors on projects at 60%or greater design completion that are funded for ROW acquisition and/or construction within the Five Year Work Program and adopted in the Five Year Capital Improvement Element (CIE). G. ROW shall mean road rights-of-way being a portion of land publicly owned and held in easement or fee simple,over which roadways, sidewalks,utilities,drainage,slopes or other auxiliary services may be constructed. H. Transportation Corridor shall mean all mobility corridors that provide for the conveyance of vehicles or people as shown on Collier County's LRTP as defined herein, or other Board approved studies that determine the County's mobility needs at build-out,or Five Year Work Program,including but not limited to:roadway;rail network;bicycle lane; sidewalk;multi- use pathway; greenway; transit facility; and easement area(s) required for the full functionality of the corridor. SECTION TWO: INTENT AND PURPOSE. A. The intent of this Ordinance is: 1. To inform owners of property located within a Planned Corridor of the anticipated future impacts prior to the issuance of a Development Permit, 2. to provide for property owner notification and provide owners with the mechanism to work with the county to avoid conflict(s)between Transportation Corridors and the Development Site, 3. to coordinate the full development of Protected Corridors, 4. to promote orderly growth while meeting concurrency requirements, and 5. to maintain the integrity of all Transportation Corridors for mobility purposes. B. The adoption of this Ordinance is necessary in order to manage, preserve, and provide for Transportation Corridors to meet the mobility needs of growth projected in the Growth Management Plan,or in other Board approved studies that determine the County's mobility needs at build-out, and to coordinate land use and transportation planning. These corridors are part of a network of transportation facilities and systems that provide mobility between, and access to,businesses,homes and other land uses throughout the jurisdiction,the region, and the State. The Board of County Commissioners recognizes that the provision of an adequate transportation network is an essential public service. The plans for Collier County's transportation network is described in the County Growth Management Plan, LRTP, and in other Board approved studies that determine the County's mobility needs at build-out. The 3 plans are implemented through a capital improvements program, other policies and procedures,and thorough regulations on land use and development as well as regulations to preserve the corridors and rights-of-way for the transportation network. The purpose of this Ordinance is to foster and preserve public health, safety, comfort, and welfare and to aid in the harmonious, orderly, and beneficial development of the County in accordance with the County's future transportation network and mobility plans. C. Providing arterial and other roads and related facilities to make them more safe and efficient, in conjunction with a plan for the control of traffic, is the recognized responsibility of the County, in accordance with Sections 125.01(1), (m) and (w), Florida Statutes, and is in the best interest of the public health, safety, welfare, and convenience. "Section 125.01 Florida Statutes (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to:... ...(m)Provide and regulate arterial, toll, and other roads, bridges, tunnels, and related facilities; eliminate grade crossings; regulate the placement of signs, lights, and other structures within the right-of-way limits of the county road system;provide and regulate parking facilities; and develop and enforce plans for the control of traffic and parking. Revenues derived from the operation of toll roads, bridges, tunnels, and related facilities may, after provision has been made for the payment of operation and maintenance expenses of such toll facilities and any debt service on indebtedness incurred with respect thereto, be utilized for the payment of costs related to any other transportation facilities within the county, including the purchase of rights-of-way; the construction, reconstruction, operation, maintenance, and repair of such transportation facilities; and the payment of indebtedness incurred with respect to such transportation facilities... ...(w)Perform any other acts not inconsistent with law, which acts are in the common interest of the people of the county, and exercise all powers and privileges not specifically prohibited by law " D. Implementing methods of ensuring adequate transportation facilities to accommodate the citizenry of Collier County now and in the future is the responsibility of the County in order to carry out the Traffic Circulation Element of its Growth Management Plan under Section 163.3161, Florida Statutes, subparagraph (3) shown below, and is in the best interest of public health, safety, welfare, and convenience. "Section 163.3161, Florida Statutes (3)It is the intent of this act that its adoption is necessary so that local governments can preserve and enhance present advantages; 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 their jurisdictions. Through the process of comprehensive 4 planning, it is intended that units of local government can preserve,promote,protect, and improve the public health, safety, comfort,good order, appearance, convenience, law enforcement and fire prevention, and general welfare;prevent the overcrowding of land and avoid undue concentration of population;facilitate the adequate and efficient provision of transportation, water, sewerage, schools,parks, recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and protect natural resources within their jurisdictions. " E. This Ordinance imposes necessary development regulations and procedures on applications for Development Permits for land located within Protected Corridors in order to ensure the availability of land within the Protected Corridor to meet the transportation needs of the County as shown in the Five Year Work Program, and to promote the public health, safety, welfare and convenience of the County and it citizens. F. This Ordinance is intended to preserve Protected Corridors by limiting encroachments of structures or other development in Protected Corridors, and to inform owners of property located within all Transportation Corridors prior to the issuance of a Development Permit. SECTION THREE: APPLICABILITY. This Ordinance shall apply to all development on land within the jurisdiction of the County located within Transportation Corridors shown on the LRTP, any other Board approved studies that determine the need at build-out or the Five Year Work Program. If all or any portion of a proposed development, or a development for which a Development Permit is required, is located within a Transportation Corridor, the provisions of this section shall apply. SECTION FOUR: PROCEDURES. A. Development within Protected Corridors: 1. All applications for Development Permits shall show the location of any Protected Corridor which is located on any portion of the Development Site or project or on any portion of the land which is the subject of the application. 2. On both residential and commercial property,the set-backs for new construction shall be measured from the future ROW line shown on the 60%or greater design plans of the Protected Corridor. 3. Development shall follow current Land Development Codes and site specific resolutions and ordinances to determine permitted,interim uses and/or improvements allowed within the anticipated future ROW. 4. All applications shall be reviewed by the County Manager or his designee to determine whether any portion of the proposed project is within a Protected Corridor. 5. Approval of Development Permits shall include findings regarding the potential impact of the proposed project on the Protected Corridor. 5 6. Development requiring no change in zoning may be paid the current market value for the conveyance to County of the needed ROW based upon a valid appraisal,subject to available funding. If no funding is available, the County shall not require the preservation of the land needed for the Transportation Corridor,but shall work with the property owner/developer to encourage site planning and utilization that preserves and limits encroachment into the future ROW to the greatest extent possible. B. Development within Planned Corridors: 1. All applications for Development Permits shall be flagged for notification if the location of a Transportation Corridor is located on any portion of the Development Site or project or on any portion of the land which is the subject of the application. 2. In response to the application and by written notification, the County shall: a. Inform the property owner/developer of the Planned Corridor and provide an estimate of the location and area of the land needed to construct the planned improvements. b. Request a meeting with the owner/developer to discuss possible future impacts to the owner's property and to encourage site planning and utilization that preserves the future ROW to the greatest extent possible. c. Document any plans discussed to preserve future ROW and minimize potential impacts to the owner's property. d. If funding is available, the County may offer to purchase the future ROW at the current market value based upon a valid appraisal obtained by the County. SECTION FIVE: DENSITY AND INTENSITY OF DEVELOPMENT ON TRANSPORTATION CORRIDORS. A. The gross density and intensity of development of a Development Site,any portion of which is within a Transportation Corridor, shall be the gross density permitted in accordance with the underlying future land use district. However, such density and intensity may be transferred from the portion of the Development Site within a Transportation Corridor to portions of the Development Site that are located outside of the Transportation Corridor, either through clustering or density credit. Such transfer shall be approved by the Board of County Commissioners and may result in a greater net density on the portion of the Development Site that is not located within the Transportation Corridor than would be permitted by the underlying zoning district,but the total gross density of the project site shall in no event exceed the density that would be allowed on the Development Site had no portion of the Development Site been located within a Transportation Corridor. This section is not intended to grant approval to the location of development in environmentally sensitive or otherwise protected lands within the Development Site. 6 SECTION SIX: USES. A. The uses of land within a Transportation Corridor shall be those uses listed in sections B or C, below, provided that such use would be permitted on the Development Site by the underlying zoning district. The purpose of this section is to allow certain uses for a limited period of time within portions of a Development Site that are located within a Transportation Corridor in order to permit the property owner to make economic use of the property until such time as the land within the Transportation Corridor is to be dedicated to or acquired by the County. B. The uses designated in this Section B, which are directly related to the primary use of the development, may be allowed on an interim basis. 1. Permitted Interim Uses: (a) Stormwater retention or detention facilities to serve the development. (b) Parking areas to serve the development. (c) Entry features for the development such as signage, architectural features, fountains,walls, and the like. (d) Temporary sales or lease offices for the development. 2. The following conditions shall apply to the approval of interim uses specified in Section B: (a) As a condition of preliminary or final development approval, the applicant agrees to relocate the uses elsewhere on the Development Site,at the time of acquisition by or dedication to the County. A development agreement shall specify the terms and conditions,including timing,of the relocation required by this section. (b) No interim uses shall be relocated to any portion of the Development Site which is within a required setback. (c) Areas for relocation shall be identified on the development plans submitted with the development permit application and shall be reserved for that purpose. (d) The stormwater retention or detention facility may, at the discretion of the County, be incorporated into the design of the future transportation facility retention facilities subject to permitting by State agencies. Should this option be agreed to by the County, the developer need not relocate the stormwater retention or detention facility. C. The following interim uses,not necessary directly related to the principal use of the site,may be allowed within the Transportation Corridor on an interim basis prior to the dedication or acquisition of land by County. 7 1. Other Permitted Interim Uses. (a) In residential zones: 1. Recreational facilities such as playgrounds, ball fields, outdoor courts,exercise trails,walking paths,bridal paths,and similar outdoor recreational uses; 2. Produce stands,produce markets, farmers markets, and the like; 3. Agricultural uses, such as pasture, crop lands, tree farms, orchards, and the like, but not including stables, dairy barns, poultry houses, and the like; and 4. Landscaping. (b) In commercial zones: 1. Uses such as boat shows,automobile shows,RV shows,"tent"sales, and the like; 2. Periodic events such as festivals,carnivals,community fairs,and the like if a permit is obtained; 3. Plant nurseries and landscape material yards, excluding permanent structures; 4. Storage yards for equipment, machinery, and supplies for building and trade contractors, and similar outdoor storage; 5. Outdoor advertising; 6. Golf driving ranges; 7. RV or boat storage yards; and 8. All of the uses permitted under Subsection C.1(a) above. (c) Interim uses permitted under this subsection C.1 shall only be permitted in a specified district if such use is permitted by the underlying zoning district. 2. The following conditions shall apply to interim uses specified in Subsection C.1: (a) As a condition of approval of a development permit, the applicant agrees to discontinue the interim uses by a specified date or upon a specified condition. A development agreement shall specify the terms and conditions of both the approval of interim uses pursuant to this section and the discontinuance of interim uses as required in this section. (b) The Buffer, yards and setbacks are governed by the LDC. (c) Interim uses shall comply with all other applicable provisions of the Collier County Land Development Code as may be required at the time of approval. 8 SECTION SEVEN: ADOPTION AND UPDATES OF TRANSPORTATION CORRIDOR PLAN The Transportation Corridor Plan shall be the attached LRTP tables and maps and is hereby adopted as a part of this Ordinance. This Plan and Ordinance shall be reviewed on an annual basis and updated with the adoption of any Board approved plan or study that modify Transportation Corridors. SECTION EIGHT: 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 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 portion. SECTION NINE: CONSTRUCTION. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION TEN: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County,Florida.The sections of the Ordinance may be numbered or re-lettered to accomplish such, and the word"ordinance"may be changed to "section", "article", or any other appropriate word. SECTION ELEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State of the State of Florida. PASSED AND DULYADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2011. 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