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DSAC Agenda 07/11/2012DSAC MEETING AGENDA JULY 11, 2012 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA July 11, 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 June 6,20 12 Meeting IV. DSAC Positions - Vacancy Review & Vote V. Public Speakers VI. 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] VII. New Business VIII. Old Business A. LDC Amendment review [Caroline Cilek] B. Transportation Corridor Preservation Plan Ordinance — [Reed Jarvi] IX. Committee Member Comments X. Adjourn Next Meeting Dates August 1, 2012 GMD Conference Room 610 — 3:00 pm September 5, 2012 GMD Conference Room 610 — 3:00 pm October 3, 2012 GMD Conference Room 610 = 3:00 pm. November 7, 2012 GMD Conference Room 610 — 3:00 pm December 5, 2012 GMD Conference Room 610 — 3:00 pm June 6, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, June 6, 2012 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier Growth Management Division Building, Conference Room 4609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: David Dunnavant Ray Allain James E. Boughton Clay Brooker Dalas Disney Marco Espinar Blair Foley Chris Mitchell Robert Mulhere Mario Valle (Vacancy) Excused: Laura Spurgeon DeJohn George H. Hermanson Ron Waldrop ALSO PRESENT: Nick Casalanguida, Administrator, Growth Management Division Jamie French, Director, Operations & Regulatory Management Magaly Bowman, Operations Coordinator Jay Ahmad, Director, Transportation Engineering Nathan Beals, Project Manager, Public Utilities Caroline Cilek, M.S., Senior Planner, LDC Coordinator Bill Lorenz, Land Services Development Director Ed Riley, Fire Code Official June 6, 2012 I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:04pm and read the procedures to be observed during the meeting. A quorum was established with 10 members present. II. Approval of Agenda Mr. Brooker moved to approve the Agenda subject to the following changes: • Item VI.A , B to be heard first followed by V.D • Addition of Item VII.B — FEMA Update Second by Mr. Disney. Carried unanimously 10 - 0. III. Approval of Minutes from May 2, 2012 Meeting Mr. Allain moved to approve the minutes of the May 2, 2012 meeting as presented. Second by Mr. Valle. Carried unanimously 10 - 0. IV. Public Speakers None Mr. Dunnavant arrived at 3: 1Opm VI. New Business A. Fire Review workshop update [Nick C.] Nick Casalanguida, Administrator, Growth Management Division reported: • The County and Fire Districts will be holding joint workshops to discuss the development review process. • The first workshop will be held on June 27, 2012 at 2390 Tamiami Trail North, Suite 210. • The Greater Naples Chamber of Commerce will be a liaison for the process. • The goal will be to adopt a revised inter -local agreement incorporating items, as necessary, identified during the process. B. Online Permitting (lower fees if applied online, higher fees if applied in lobby) [Nick C.] Nick Casalanguida and Jamie French reported: • The County continues the process for implementing complete "electronic plan review." • The system is being developed to reduce the demand for "walk in" delivery of permit applications. • Staff continues to address items such as determining the means to provide incentives for electronic filing; the avenue for architects to submit "signed and sealed" plans; the requirements to "secure " applications to ensure the consultants files are not subject to unauthorized changes to, and /or retrieval of plans or documents; and means a "sub- consultant" will submit electronic plans under a specific application. 2 June 6, 2012 • Consultants will not be required to obtain software to utilize the system and the County intends to implement an educational program to assist the public in adapting to the changeover. V. Staff Announcements/Updates A. Growth Management Division/Planning & Regulation Update — [Jamie French] Jamie French submitted the document "May 2012 Monthly Statistics " for information purposes. He reported: • The City of Marco Island and the County are discussing the concept of the County assuming the responsibilities for the City of Marco Island's "building inspection. " • Staff continues to investigate the logistics of the concept (i.e. assignment of responsibilities, fee structures, manpower required for an adequate level of service, etc.) to ensure the idea is viable. • The program will require adoption of an inter -local agreement between the City of Marco Island and Collier County. • He will provide updates as they become available. The Committee expressed concern on the length of time required to "pick up" permits at County facilities. Mr. French stated he was aware of the issue and is in the process of identifying avenues to decrease the time required to "pick up" issued permits. B. Public Utilities Division Update — [Nathan Beals] Committee discussion occurred on the requirements for the "sizing" water meters. There appears to be a lack of uniform standards between departments creating confusion for applicants on the fees and size of meter required. Also discussed, was the requirements for permits /fees involving retrofits and /or remodels of floor space in existing buildings where the daily water /sewer demand does not require a change of meter or service line. Nathan Beals stated he would investigate the issues and report back to the Committee. C. Fire Review Update — [Ed Riley] Ed Riley reported 719 reviews were conducted in April. D. Growth Management Division/Transportation Engineering — [Jay Ahmad] Jay Ahmad reported: • The western segment of the Oil Well Road project is now open for operation. • The eastern segment is scheduled to be completed by the end of July. • The Davis /Collier project is progressing "on schedule" and should be completed by December 2013 • The BCC awarded a bridged project for Oil Well road east of SR 29. • The White Blvd. plans are under revision with a temporary bridge planned for 23rd Avenue with contract award anticipated for September. June 6, 2012 VI. New Business (Continued) C. House Bill 503 [Jack McKenna] Jack McKenna provided an update on House Bill 503 noting: • House Bill 503 will become effective July 1, 2012. • The legislation will require Counties /Municipalities to issue their environmental permits when their requirements are met, absent of permits or "sign offs" from other agencies. • The Bill also allows granting of a two -year extension to any building permit, and any permit issued by the Department of Environmental Protection or by a water management which has an expiration date from January 1, 2012, through January 1, 2014. • Staff is in the process of identifying the changes required to adapt to the new format. Discussion occurred on: How to process County applications if changes are made to plans based on other Agency comments or conditions after the County permit is issued. The rationale for the Bill (i.e. to reduce permit issuance delays due to duplicity and lack of responses from various agencies, etc.). Mr. Foley left at 4: 05pm VII. Old Business A. LDC Amendment updates [Caroline Cilek] Caroline Cilek reported a new proposed Land Development Code Amendment "Immokalee Non Conforming Mobile Home Park" will require review by the Committee. She sought direction on whether the proposed Amendment should be reviewed by the Land Development Review Subcommittee, or the full Committee, absent of a Subcommittee review. It was determined the full Committee should review the proposed Amendment. The LDC Amendments for Section 5.05.08 were reviewed by the Collier County Planning Commission on May 3, 2012. Committee discussion occurred noting in addition to the 3 previous recommendations for Section 5.05.08, they recommend a review of the entire Section. Mr. Disney moved for the previous recommendations for amendment of the Sections within 5.05.08 be forwarded to Board of County Commissioners (BCC) for consideration and the BCC authorize a full review of Section 5.05.08. Second by Mr. Dunnavant. Carried unanimously 10 -0. B. FEMA Update Bill Lorenz reported: • On April 9, 2012 FEMA informed the County they were not in compliance with the "Flood Damage Prevention Ordinance " 11 June 6, 2012 • There was a delay in FEMA providing comments to the County on the Amendment and FEMA authorized an extension until August 16, 2012 for adoption. • The BCC will consider the Ordinance Amendment on June 12, 2012 with adoption anticipated on June 26, 2012. • The County will continue to pursue adoption of the "State Model Ordinance " which when adopted, will supersede the "Flood Damage Prevention Ordinance" currently under consideration by the BCC. It is anticipated this will occur in the fall of 2012. The Committee requested Staff to provide the members with a copy of the State Model Ordinance for information purposes. VIII. Committee Member Comments Mr. Disney requested to be excused from the July meeting. Next Meeting Dates 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 October 3, 2012 GMD Conference Room 610 — 3: 00 pm There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:32 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman, William Varian These Minutes were approved by the Board /Chairman on as presented , or as amended MEMORANDUM DATE: April 4, 2012 TO: Judy Puig FROM: Ian Mitchell, Executive Manager Board of County Commissioners RE: Development Services Advisory Board As you know, we currently have 1 vacancy on the above referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the application received for your review as follows: Mr. Gary McNally 96024 1h Avenue NE Naples, Florida 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 252 -8097. Thank you for your attention to this matter. IM Attachments Mitchelllan rom: gary_415 @msn.com ent: Thursday, March 08, 2012 4:39 PM o: Mitchelllan Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252 -8606 Application was received on: 3/8/2012 4:39:07 PM. Name. McNall Home Phone; 39- 263 -3163 Home Address 1960 24th Ave N City. ale ;p Code: 412 Phone Numbers Fax; 39- 263 -3163 Bus]"' usine_ s 0 -;Mail Address' nary 415nu msn.co Board / Committee ,Apphed fora I Services Advisory committee/Parks and Recreation Adviso Counci Cotegorys of indicate Wock Places etire He long have you liv " in Collier County; 3®- Have""' you iever'b' convicted of any offleiise against the law? Rd of Indicate Ao yb oyct-;Ilo business v�tli th+e +ounty7 Not Indicate C] Would'yoti.and /or any organizations with whoni . pu are affiliated- benefit 'frorn_ decisions,or recommendations Made ly tbis advisory board? of Indicate Are you a "registered `voter in Collier Cou*O Ye Do you currently lglil public office Fq Do you currently or ever served tip,a Collier County Board or Committee? Ye nvironmental Advisory Board (Alternate) presently a member Consumer Advisory Board- asked to resi n du Ito a conflict in state statutes, on Quasi- Judicial boards. Please list your °community activitiest in Electronics Federal Government Management Training Extended Program 18 month Privatel Bement Training Programs Numerous Business courses at University Federal government trained traction techniques and Management Trained as an Electrician By federal govt EMS Captain for 7 Contractor • Ems Trained and EMS Owned Fumature 2 MEMORANDUM DATE: June 8, 2012 TO: Judy Puig FROM: Ian Mitchell, Executive Manager Board of County Commissioners RE: Development Services Advisory Committee As you know, we currently have 1 vacancy on the above referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the application received for your review as follows: Mr. Stanley P. Chrzanowski 2504 Sailors Way Naples, Florida 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 252 -8097. Thank you for your attention to this matter. IM Attachments Mitchelllan rom: SChrzanowski2 @comcast.net ent: Thursday, April 19, 2012 10:18 PM o: Mitchelllan Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)252 -8606 Application was received on: 4/19/2012 10:17:37 PM. N me. Istanley P. Chrzanowsk' Nome Phone: 39 -598 -0942 Home Address: 504 Sailors Wa City: ale Zip'Coile 410 Phone'Numbers Fax: Business: - 1Vtail Address: ISChrzanowski2gcomcas t.ne Bd rd / Cod mitt' A for evelo ment Services Advisory Committe Category: Not indicate VVarrk Place, etire How long hake you �ived,in.ol�ie,;ion>tity ore than 15 Have you ever been Rconvleted of any offense against the law? Not Indicate Do ;you;,or your employer: dd business with the County? of Indicate • Would you and /or any orgaiiiations with whom you are affiliated b�nef�t from decisions' or recommendationsmade by this advisory;board7 of Indicate •Are you a registered..voteri3n tinier County? ©e Do you currently hold p�lilic pffice, Do you currently or ever served on,a Collier County'Board or Committee? Not Indicate [Reserve Officers' Association, Secretary Collier Sportsmen's and Conservation Club, Secretary ster's Degree in Environmental Engineering, University of New Haven, Ct, ca. 1981 U.S.An icer Candidate School, Jul '69 to Jan '70... Commissioned. Bachelor of Civil Engineering, M le e, Bronx, N.Y.C., Jan 196 ierience -nsed Professional Engineer, State of Florida #32208, since maybe 1983. 19 years of emplo; lier Count see personnel file) 1971 -1991, Mix of experience in construction buildings and ign of Civil Engineering moiects (see Collier County personnel file). 2 Office of the Fire Code Official Summary of Plan Review Activity May -12 Architectural Reviews Sprinkler Reviews Underground Reviews Fuel & LP Gas Reviews Hoods & FSUP Reviews Alarm Reviews SDP Reviews Total # of Plans Reviewed Number of Work Days Average # of Plans Reviewed per Day ASAP Reviews per Building Department: Total # of ASAP Reviews': Total ASAP Reviews per Day 'Overtime Reviews are not included in this figure Scheduled Meetings /Hours: Ed: Bob: Jackie: Ricco: Maggie Classes and Seminars attended by FCO: Participant 5/4 Vision 20/20 Seminar, VA Ed Riley 5/14 -5/16 Fire Sprinkler Class, Orlando Jackie de la Osa Total Overtime Hours for the Fire Code Office: 6 'Overtime Hours Reimbursed by Contractors: 6 (3 Reviews) Training Room Usage Summary 612 53 17 7 4 107 72 872 22 40 3 Architectural per County 23 AC Change outs 2 Low Voltage 28 1 39.00 Hrs. 31.42 Hrs. 5.58 Hrs. 53.59 Hrs. 2.25 Hrs. Meetings: Subject # of Hours # of Participtants 5/8 ENFD Board Mtg 2 20 5/21 Steering Committee Meeting 1 25 5/30 Arson Task Force 2 5 5/31 Collier County Fire Marshals Assn. 3 42 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 Fire Plan Review - Time Frame Summary May -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 612 2174 3.55 1st Review 401 1809 4.51 2nd Review 175 308 1.76 3rd Review 27 44 1.63 4th Review 8 11 1.38 5th Review 1 2 2.00 Total 2 -6 Reviews 211 365 1.73 Fire Sprinkler Reviews Total 63 132 2.49 1 st Review 35 116 3.31 2nd Review 11 11 1.00 3rd Review 7 5 0.71 Total 2 -3 Reviews 18 16 0.89 Underground Reviews Total 17 33 1.94 1st Review 8 28 3.50 2nd Review 5 5 1.00 3rd Review 4 0 0.00 Total 2nd Review 9 5 0.56 Fuel & LP Gas Reviews 7 14 2.00 Total 1st Review 5 13 2.60 2nd Review 2 1 0.50 Total 2nd Review 2 1 0.50 Hood & FSUP Reviews 4 7 1.75 Total 1st Review 1 5 5.00 3rd Review 2 2 1.00 5th Review 1 0 0.00 Total 3rd &5th Review 3 2 0.67 Fire Alarm Reviews Total 107 283 2.64 1st Review 74 248 3.35 2nd Review 25 29 1.16 3rd Review 6 3 0.50 4th Review 1 0 0.00 5th Review 1 3 3.00 Total 2 -5 Reviews 33 35 1.06 Summary 1st Review 524 2219 4.23 Corrections 276 424 1.54 Overall Totals 800 2643 3.30 276 69% 100110 Days 10 Day Max 95/3 Days 96/3 Days 100/3 Days 100/3 Days 9613 Days 5 Day Max 20 57% 100/10 Days 9 Day Max 100/3 Days 100/3 Days 100/3 Days 2 Day Max 3 38% 100/10 Days 6 Day Max 100/3 Days 100/3 Days 100/3 Days 2 Day Max 3 60% 100/10 Days 3 Day Max 100/3 Days 100/3 Days 1 Day Max 1 100% 100/10 Days 5 Day Max 100/3 Days 100/3 Days 100/3 Days 2 Day Max 53 72% 100/10 Days 6 Day Max 100/3 Days 100/3 Days 100/3 Days 100/3 Days 100/3 Days 3 Day Max 366 68% 100/10 Days 97/3 Days Office of the Fire Code Official 2700 N. Horseshoe D, . Naples, FL 34104 Text underlined is new text to be added. Bold text indicates a defined tern LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Nick Casalanguida, Deputy Administrator DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 2.03.07 Overlay Zoning Districts; 4.02.33 Specific Design Standards for the Immokalee- Mobile Home Park Overlay Subdistrict; 10.02.05 Submittal Requirements for Improvement Plans CHANGE: This amendment seeks to make revisions to the Immokalee Mobile Home Park Overlay Subdistrict by making the following changes: • Removes the time limit for when a nonconforming mobile home park must get a site improvement plan (SIP). • Makes the SIP process voluntary. • Parks that get an approved SIP will become legal parks and be allowed to replace units. • Parks that do not go through the SIP process will remain nonconforming and be subject to the nonconforming provisions of 9.03.00. These parks are not guaranteed that they can replace units. • Provides a 3 -year extension for parks that received an approved SIP, but expired prior to improvements being made, to make the approved improvements. • Clarifies who is responsible for the removal of un perm itted /unsafe mobile homes, consistent with 723.024 F.S. • Limits the required improvements for parks with fewer than 5 units to only meeting the dimensional standards. • Allows for nonconforming parks that cannot meet design standards to be approved through a Settlement Agreement approved by the Board of County Commissioners Additionally, the amendment moves all design requirements to Section 4.02.33 and references that submittal requirements will be provided for in the Administrative Code. The submittal requirements will be removed from the LDC as part of the Administrative Code text amendment. REASON: The Immokalee Nonconforming Mobile Home Park Overlay was created to incentivize nonconforming mobile home parks in the Immokalee Urban Overlay to provide upgrades and remove substandard units. While the intent of the section was to incentivize improvements, the Overlay required all noconforming mobile home parks to submit a site improvement plan (SIP) with alternative design standards. This SIP process expired on January 9, 2003. Nonconforming Mobile Home Parks that wanted to make improvements after January 9, 2003, were required to have a settlement agreement approved by the Board of County Commissioners. 1 C:\UsersOmorgan\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \IINL1 Y72\2 03 07 G 6 ITl m NonConf MH Park Overlay 20120627.docx6i27i20122:41PM Text underlined is new text to be added. Bold text indicates a defined term This amendment removes the time limit referenced in the LDC for the SIP process, and makes it voluntary. Nonconforming parks that do not pursue an SIP as allowed in this section shall be considered nonconforming and be subject to the requirements of 9.03.00. FISCAL & OPERATIONAL IMPACTS: The SIP process in this section is intended as a low -cost process to bring nonconforming mobile home parks into compliance with the LDC. The SIP does not need to be prepared, signed and sealed by a design professional and the development standards are not as rigorous as those required for new mobile home parks. Parks with fewer than five units would only need to demonstrate compliance with minimum lot size, setback and separation requirements. The fees for an SIP are as follows: • $1000, plus Engineering Review Fees (3% estimated construction cost), plus $150 fire review fee. Additionally, there has been discussion to reduce or remove the application fees for nonconforming parks that require a rezone or GMP amendment. The options discussed would be to keep the fees as they currently exist; limit the fees to actual hard costs (actual staff time and legal advertising); or limit fees to cost of legal advertising. The application fees for a Rezone and Comprehensive Plan Amendment are as follows: Rezoning Application Fire Code Review Comp Plan Consistency Legal Advertising Fees $6000 plus $25 per acre $100 $750 $1425 GMP Amendment Fees Application $9000 (small scale - <10 acres), or $16700 (general — >10 acres) Legal Advertising $1425 RELATED CODES OR REGULATIONS: Collier County GMP, including the Immokalee Area Master Plan. GROWTH MANAGEMENT PLAN IMPACT: The proposed amendment does not impact the Growth Management Plan or the Immokalee Area Master Plan ADVISORY BOARD RECOMMENDATIONS: DSAC: July 7, 2012 OTHER NOTESNERSION DATE: Prepared by: Chris Scott, AICP C: \Users \plmorgan\AppData \Local \Microsoft \Windows \Temporary Intemet Files \Content.0utlook \IINL1Y72\2 03 07 G 6 Imm NonConf MH Park Overlay 20120627.docx6i27i20122:41 PM 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 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts G. Immokalee Urban Overlay 6. Nonconforming Mobile Home Park Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91 -102, on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the land development code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. a. Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of conforming mobile home parks. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure. b. Repaired site Site improvement plan application. The property owners of a4 nonconforming mobile home developments /parks that were in existence before November 13, 1991, i.e., that predate Ordinance No. 91- 102, the land development code, shall be requ re a '^ may submit a site improvement plan (SIP) meeting the design standards set forth in Section 4.02.3 he Aured *hFOugh the SIP and the submittal process set forth below. The approved SIP shall become the official record acknowledging the legal use of the property and convey all the rights of a conforming mobile home park, including the ability to replace mobile home units with an approved building ermit. G, i. The site improvement plan (SIP) master plan shall illustrate the way existing buildings are laid out and the infrastructure (i.e. utilities, streets, drainage, landscaping, parking and the like) to serve those buildings. The number and location of buildings shall be reviewed for consistency with Code requirements (i.e. setbacks, space between buildings, density, and the like) Similarly, the SIP shall serve to provide a basis for obtaining approval of required infrastructure improvements such as these shall become the 0#06al F9GGFd aGknowledging the legal use of the owneF will be Fequ'Fed to immediately Femeve all mobile he which have net FeGeived a building peFFnit and all mobile hemes 3 , C: \Users\plmorgan\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content:0utlook \IINL1Y72\2 03 07 G 6 Imm NonConf MH Park Overlay 20120627.docx6/27/2012241PM Comment [cl]: From existing 2.03.07 G. 6. c. Comment [c2]: From existing 10.02.05 F.2.P -g and 10.02.05 F.4.b 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 ii. Prior to approval of the SIP. the County Manager or designee will identify all mobile homes not meeting minimum standards for property maintenance and minimum floor area requirements. Those mobile home units that cannot be rehabilitated or replaced shall be removed within 12 months of the approval of the SIP unless prohibited by law and shall be so indicated on the SIP.( iii. The number of units approved on the SIP shall be allowed to remain within the mobile home park and individual units may be replaced, so long as the requirements of the approved SIP are implemented and a building permit has been obtained for each unit.-- �iii. Implementation time frame: The site improvement plan shall be implemented and park improvements shall be made in accordance with the following timeline commencing from the date of SIP approval. Number of units/ ro'ect Len th of time 10 or less 18 months 11 to 25 30 months 26 to 50 42 months more than 50 54 months Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Project Implementation # of Phases Phase Timelines Timeline 18 months 1 18 months 30 months 2 18 months —First Phase 30 months — Second Phase 42 months _ 3 18 months —First Phase 30 months — Second Phase 42 months —Third Phase 54 months 4 18 months —First Phase 30 months — Second Phase 42 months —Third Phase 54 months —Fourth Phase d. a) Projects that were approved an SIP by the County but have expired prior to the completion of required improvements shall have three (3) years from adoption of this provision finsert date) to complete the improvements specified in the SIP. b) Projects may seek an extension to the implementation timeframe from the Board of County Commissioners, not to exceed 2 years. iv. The Administrative Code shall provide FGFthe specific submittal requirements and review procedures for Geniaeaing the SIP 4 C: \Users\plmorgan\AppData \Local \Microsoft \Windows \Temporary Intemet Files \Content.Outlook \IINL1Y72\2 03 07 G 6 Imm NonConf MH Park Overlay 20120627.docx6/27i20122:41PM Comment [c3]: Revised and moved to new 2.03.07 G.6.c. Comment [c4]: Revised and moved from 10.02.05 F.2.e -f. Comment [c5]: From 10.02.05 F.2.g. Comment [c6]: From 10.02.05 F. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Text underlined is new text to be added. Bold text indicates a defined term e€t#is Gede C. Nonconforming Mobile Home Parks that do not receive an approved Site Improvement Plan, as provided in Section 2.03.07 G.6.b above, shall remain nonconforming and be subiect to the provisions of 9.03.00. Nonconforming Mobile Home Parks may result in a Code violation in which the responsible party will be required to immediately remove all mobile homes which have not received a building permit and all mobile homes deemed to be unsafe and unfit for human habitation based on minimum standards for property maintenance and minimum floor area requirements, unless otherwise prohibited by state law. Responsible party shall mean either the mobile home park owner or the mobile home owner as provided for in 723.024 F.S. # # # # # # # # # # # # # 4.02.33 Specific Design Standards for the Immokalee-Mo bile Home Park Overlay Subdistrict A. Dimensional standards. Table 15. Dimensional standards for the Mobile Home Park Overlay Design Standard Minimum lot requirements Single -wide units 2,400 square feet Double -wide units 3,500 square feet Minimum lot width Single -wide units 35 feet Double wide units 45 feet Minimum setback requirements Interior roads Front yard 10 feet Side yard 5 feet Rear yard 8 feet Public road frontages 20 feet Minimum space between structures for cluster 10 feet development or zero lot line development Minimum floor area for replacement units 320 square feet B. Where a public water line is available, a hydrant will be required to serve the park. Should water line pressure be inadequate, arrangements shall be made to seek approval of the Immokalee Fire Department to confirm that supplemental fire apparatus is adequate for fire protection. C. A dumpster or enclosure for individual containers is required in accordance with section 5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15) feet from any public street. D. Private roads leading to and serving the mobile home park or mobile home lots must be improved and maintained, and shall consist of a dust free surface with a minimum width of twenty (20) feet. The dust free surface may consist of aggregate material treated with oil -based material that will bind the aggregate material into a form of macadam road finish. A drainage ditch capable of storing the first one inch of rainfall shall be incorporated into the right -of -way design -cross section, exclusive of the required twenty (20) feet. Drainage shall be directed to a public road via the private road and /or easement conveyance, unless it can be proved that the on -site percolation rates exceed the on -site retention requirement. C \Users \plmorgan\AppData \Local \Microsoft \Windows \Temporary intemet Files \Content.Outlook \IINLt Y72\2 03 07 G 6 ITTmI NonConf MH Park Overlay 20120627.docx6i27i20122:41PM 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 tern IE. Landscaping: Landscaping requirements are as follows: 1. A ten -foot wide landscape buffer. with 1 single hedgerow and trees spaced 30 feet on center along property lines abutting a right -of -way. 2. Trees spaced 50 feet on center along internal boundary lines. 3. Permitted trees include live oak, sycamore, red maple, and sweet gum. Under electrical transmission lines, simpson stopper, magnolia, east Palatka holly, and dahoon holly trees are permitted. 4. Fixed irrigation systems which shall include 2 irrigation bubblers per tree. 5. Existing trees may be credited pursuant to section 4.06.04 D. of this Code. F. Exemptions from Design Standards. 1. Mobile home parks with fewer than five mobile homes or mobile home lots shall of Section 4.02.33 A. through E., due to existing site constraints or other factors, may have an SIP approved through a Settlement Agreement by the Board of County Commissioners. The Settlement Agreement must identify any proposed deviations from these standards. # # # # # # # # # # # # # 10.02.05 Submittal Requirements for Improvement Plans F. SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict. 1. Pre - application meeting requirements. Prior to making an application to submit an SIP, the property owner and /or agent is required to have a pre - application meeting with Collier County planning staff. Coordinating this process will be the responsibility of the assigned planner who will establish a date for the meeting and will advise other review staff to attend the meeting. The owner of the property or agent representing the owner shall bring to the meeting a survey plot plan showing the location of all buildings and structures, and preferably a draft plan showing the proposed layout of buildings and infrastructure improvements. The applicant shall consult with the Immokalee Fire Department and the Immokalee Sewer and Water District prior to the pre - application meeting. Within 90 days after the pre - application meeting, the owner /agent shall submit the SIP application and supporting documents. Failure to submit a formal SIP shall cause a citation to be issued to the property which may culminate in the requirement to remove all buildings and structures, as provided above unless otherwise prohibited by state law. 2. SIP submission requirements, preparation standards and notes. a. An application for an SIP on a form prepared by Collier County shall be signed by the owner or agent of the property owner in the form of an affidavit as indicated on the application form. b. A survey plan showing all buildings and structures, their uses and the actual size of the structures. C. A site improvement plan showing the proposed location of all buildings, and all required infrastructure, drawn to scale on a 24" x 36" sheet(s) illustrating the following information: i. Park name, address and phone number of agent preparing the plan and address and phone number of the property owner. ii. Folio number(s) of property and total site area. 6 C: \Users \plmorgan\AppData \Local \Microsoft \Windows \Temporary Intemet Files \Content.Outlook \IINL1Y72\2 03 07 G 6 Imm NonConf MH Park Overlay 20120627.dOCX6/27/20122:41PM Comment 101: From 10.02.06 F.3.b. Text underlined is new text to be added. FikethFGUgh 66 GU4eRt te)d to be deleted Bold text indicates a defined tern iii. Zoning designation and land use on subject and adjacent property. iv. North arrow, scale and date. V. Landscaping, proposed and existing. vi. Parking spaces. vii. Setbacks and space between building measurements. viii. Location and arrangement of ingress /egress points. ix. Type of surface of all access roadways leading to the park and within the park. X. Location of all structures in the park (units, office, accessory building, etc.) A Location of dumpster or trash container enclosure. xii. Location and height of walls and /or fences. xiii. Where applicable, dimensions of lots, width of internal streets and design cross - section of streets and drainage improvements. d. Plans do not have to be signed and sealed by a professional engineer, however, plans must be prepared by a person having knowledge of drafting skills and basic engineering construction standards which may include a paraprofessional associated with a professional engineering, architectural, landscape architectural firm or licensed contractor. e. Gede. These mobile home UR'tG that Gannet be Fehabilotated shall be law and shall be so 'nd'Gated on the SIP, f. Mobile home unit6 Fneeting the housiRg Gode and as defined in this and Fnay FeplaGe the units Femoved, provided the replaG81'Rent units do not 90 The RuFnbeF of units appFOVed oR the SIP will be allowed to Femain, nhe..o Be leng as the F ants of the o erd CID n implemented and a bu"!d-' - ' m.. . heen obtained for each u not t} A right -of -way permit shall be required. This permit shall be obtained prior to approval of the SIP. A copy of same shall be submitted to the assigned planner. 3. Landscaping: Landscape improvements shall be shown on the SIP, either separately or collectively on the same sheet as the site plan. Existing trees may be credited pursuant to section 4.06.04 D. of this Code. a. The plan shall be prepared by a landscape architect, landscape designer or landscape contractor or paraprofessional associated with such a firm and having knowledge of Florida plant material and planting requirements. Landscape plans do not need to be signed and sealed when prepared by a licensed landscape architect. right of way. C: \Users \plmorgan\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \IINL1Y72\2 03 07 G 6 IMM NonConf MH Park Overlay 20120627.dOCX6/27/20122:41 PM Comment [C8]: To be incorporated into Admin Code. 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 Text underlined is new text to be added. Bold text indicates a defined term #-e �s 49 RGRthS 4 18 ITIORths 30 aReRths Rkiase 42Fleut#is Phase 54 Fn6nth6 4 18 meRths PFISt Phase Rase 42 MORthrs Th*Fd Phase 54 FnGRthr. Fourth Phase C: \Users\plmorgan\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \IINL1Y72\2 03 07 G 6 Imm NonConf MH Park Overlay 20120627.doCX6i27i2012241PM Comment[c9]:move regulations to appropriate section (4.02.33) Comment [C10]: Moved to 2.03.07 G. ORDINANCE NO. 2012- 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 CONFLICTAND 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 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 S. 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 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 0 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. Subject to A.6 below, 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. C1l 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) 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. VA 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 if a permit is obtained; 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. l (a) above. (c) Interim uses permitted under this subsection C. l 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. 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: CONFLICTAND 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 , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attorney 9 BY: Fred W. Coyle, Chairman