DSAC Backup 06/02/2010DEVELOPMENT
SERVICES ADVISORY
COMMITTEE
MEETING
BACKUP
DOCUMENTS
JUNE 29 2010
DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
June 2, 2010
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 May 5, 2010 Meeting
IV. Public Speakers
V. Staff Announcements /Updates
A. Public Utilities Division Update — Phil Gramatges
B. Fire Review Update — Ed Riley
C. Growth Management Division /Transportation Planning Section — Mike Greene
D. Growth Management Division /Planning & Regulation Update — Nick Casalanguida
VI. Old Business
VII. New Business
A. Presentation of the Administrative Code [Susan Istenes, AICP, Manager, Special Projects]
B. Growth Management Fee schedule updates [Jamie French]
VIII. Committee Member Comments
IX. Adjourn
Next Meeting Dates
July 7, 2010
August 4, 2010
September 1, 201C
October 6, 2010
November 3, 2010
December 1, 2010
GMD Conference Room 610 — 3:00 pm
GMD Conference Room 610 — 3:00 pm
GMD Conference Room 610 — 3:00 pm
GMD Conference Room 610 — 3:00 pm
GMD Conference Room 610 — 3:00 pm
GMD Conference Room 610 — 3:00 pm
May 5, 2010
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, May 5, 2010
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 /Planning & Regulation Division, 2800 N. Horseshoe Drive,
Naples, Florida, with the following Members present:
CHAIRMAN: William Varian
Vice Chair: David Dunnavant
Ray Allain .
James Boughton
Clay Brooker
Laura Spurgeon DeJohn
Dalas Disney
Marco Espinar (Excused)
Blair Foley (Excused)
Regan Henry
George Hermanson
David Hurst
Reed Jarvi
Robert Mulhere
Mario Valle
ALSO PRESENT: Nick Casalanguida, Deputy Administrator, Growth Management Division
Judy Puig, Operations Analyst — Staff Liaison
Phil Gramatges, Interim Director, Public Utilities
Stan Chrzanowski, Senior Engineer, Engineering Review Manager
Stephen Lenberger, Senior Environmental Specialist
James French, Director, Operations
Robert Wiley, Principal Project Mgr., Watershed Study Project /FEMA
Michael Greene, Transportation Planning Manager
Nathan Beals, Project Manager, Public Utilities
May 5, 2010
I. Call to Order:
Chairman William Varian called the meeting to order at 3:02 PM and read the
procedures to be followed during the meeting.
II. Approval of Agenda:
Change:
• Item VII — "B" under "New Business" entitled LDCAmendment: Manatee Protection
Plan /Shoreline Calculations will be heard following Item V, "Staff Announcements/
Updates."
Mario Valle moved to approve the Agenda as submitted. Second by Robert Mulhere.
Carried unanimously, 11 -0.
(Laura Spurgeon DeJohn arrived at 3:06 PM.)
III. Approval of Minutes — April 7, 2010 Meeting:
Changes:
• On Page 8, under Item "G," the last two sentences of the first paragraph were
amended as follows:
"The Planning Commission did not approve the compromise language and
requested new criteria, also not found in the Manatee Protection Plan, to
determine whether or not a shoreline should be counted. He requested that
other Committees conduct additional hearings to consider the new criteria.
• The second paragraph on Page 8, under "G," was amended as follows:
"Assistant County Attorney Heidi Ashton explained that the Planning
Committee directed the County Attorney's office ...."
• On Page 9, first paragraph, the last line was amended as follows:
".., be presented to DSAC prior to any public hearing before the Board
of County Commissioners or the Collier County Planning Commission
( "CCPC ") is scheduled."
Robert Mulhere moved to approve the Minutes of the April 7, 2010 meeting as amended.
Second by George Hermanson. Carried unanimously, 12 -0.
IV. Public Speakers:
(Will be heard when Item is presented)
V. Staff Announcements /Updates:
A. Public Utilities Division Update — Phil Gramatges, Interim Director
• No new items to report
• No questions from the Committee
May 5, 2010
B. Fire Review Update — Ed Riley, Fire Code Official
• The Monthly Report was submitted in the Committee's information packet
Chairman Varian noted under the category, "Percentage of First Reviews Approved, "
the percentage for Fire Alarm Reviews was 36 %. He expressed concern, stating the
percentage appeared to be low.
C. Transportation Division Update — Michael Greene, Transportation Planning
Manager
• No new items to report
• I- 75 /Immokalee — lanes are open
D. CDES Update — Nick Casalanguida, Interim Administrator
• The Board of County Commissioners approved the merger of Transportation
with Community Development and Environmental Services. The name of the
new Division is the Growth Management Division.
• Norman Feder, Administrator of the Transportation Department, was
named as Administrator for the Growth Management Division.
• Nick Casalanguida was named as Deputy Administrator.
There was a discussion concerning the new division, shared resources, job
sharing, the team approach, and responsibilities.
Bob Mulhere noted there were references in the Land Development Code
concerning the appeals process, and asked who is identified as the contact.
Nick Casalanguida stated the correct reference is "the County Manager or
Designee" and the reference has been corrected in updates to the LDC.
Mr. Casalanguida met with Kim Grant regarding new teams to be formed to
work on various projects. He asked for volunteers from DSAC to work with
Staff on the Right -of -Way issue and on the spot- boundary survey /easement
issue. He cited an example of a pool at a home in Marbella Lakes that was
incorrectly sited and, when constructed, extended over the property line.
Reed Jarvi had previously expressed interest in the R -O -W team.
George Hermanson volunteered for the survey /boundary team.
• Bob Dunn is retiring as Director of Building Review & Permitting. Gary
Harrison will serve in the interim until a decision is made regarding a
replacement (August — September), as well as the status of the position, i.e.,
whether a Director or a Manager is needed.
• Stan Chrzanowski is also retiring. A search will be conducted first to find a
replacement for the position of Senior Engineer /Engineering Review Manager.
VII. New Business:
B. LDC Amendment: Manatee Protection Plan /Shoreline Calculations — Stephen
Lenberger, Senior Environmental Specialist
May 5, 2010
LDC Section: 5.05.02
Change: To clarify how the County will treat the length of shoreline within
conservation easements when calculating the amount of wet slips according to the
Manatee Protection Plan.
A copy of the revised Amendment was distributed to the Committee.
Chairman Varian noted there were multiple Public Speakers for this topic. He asked
Steve Lenberger to present first and then hear the Public Speakers' comments.
Mr. Lengerger reviewed the transcript of the minutes of the Board of County
Commissioners' meeting with the County Attorney's Office to clarify the Board's
direction to Staff regarding the content of the Amendment.
"... to exclude shoreline within County required preserves and State
and Federal conservation easements which do not allow wet slips
within the conservation easements when used to calculate the number
of wet slips. "
He stated the Board wanted applicants to have the ability, through the Conditional
Use process, to request to use the shoreline within a preserve area in calculating
wet slips if public access was provided. He further stated the Board also addressed the
issue of "vesting."
Mr. Lenberger noted the EAC reviewed the revised Amendment and recommended
making three changes to Paragraph "G:"
• Strike the words "50 percent or more of' following the word "projects" in the
second sentence,
• In the last sentence, substitute the word "Subsection" for the word Ordinance,"
and
Add a sentence between the second and the last sentences:
"This Ordinance is not intended to allow publically -owned wet slips
within natural resource protection areas when the County owns the
property. "
The EAC requested the County Attorney's Office define the meaning of "existing" and
"vested right."
Bob Where noted two issues:
1. An existing condition on a property -- where an existing restrictive covenant or
conservation easement does not allow wet slips to be calculated or placed
within that easement. It is excluded and understandable because there is a
prohibition on the property.
2. The other condition is when someone is going through the development process
and, if there is no restriction or conservation easement on the property, the
entire frontage can be used to calculate wet slips but, as part of that process,
there is a request or a requirement to create a conservation easement that will
restrict the physical placement of wet slips within that area.
May 5, 2010
He stated it would not be inconsistent with the Board's direction to still allow the
calculation of the entire lineal frontage to place the wet slips somewhere outside of the
conservation easement. He supported removing the 50% cap and stated it should be
determined during the public hearing.
Clay Brooker stated the way the Amendment is drafted, if a property has shoreline
within a County preserve -- not necessarily in a conservation easement -- the shoreline
is excluded. He asked if the word "preserve" was mentioned anywhere in the Manatee
Protection Plan.
Mr. Lenberger stated the Code requires preserves to be placed in a conservation
easement.
Mr. Brooker stated the language was over - inclusive and confusing. He stated the
same language was used in the Executive Summary presented to the BCC in April
2008, and it was confusing then.
Assistant County Attorney Wright stated substituting "conservation easement" in
place of "preserve" constitutes a clarification, not a substantive change.
Mr. Brooker also questioned the Conditional Use process. He stated an owner could
apply for a Conditional Use to obtain more slips than were permitted by the calculation
once the exclusion is applied.
Steve Lenberger stated an owner would calculate the maximum number of wet slips,
excluding what is in the conservation area. If more were needed and were open to the
public, additional wet slips could be requested if you counted the shoreline within the
conservation easement.
George Hermanson asked if the intention of the EAC, by removing the 50% cap, was
to make all the wet slips available to the public or a minimum number.
Mr. Lenberger stated it would be determined during the Conditional Use process — to
be negotiated with the Board.
Reed Jarvi gave an example: If there were 1,000 feet of shoreline and 500 feet was in
a conservation easement, only 500 feet can be used to calculate wet slips.
Clay Brooker asked if a conservation easement allowed wet slips or was silent on the
issue, would a more restrictive approach be taken?
Mr. Wright stated a conservative approach will be taken by his office — the current
interpretation is to not allow the shoreline.
Mr. Jarvi stated, using his previous example, if he wished to use the 500 feet in the
conservation easement, or any portion of it, he must allow some public access to the
additional wet slips which would be determined at a later date.
Public Speakers:
Kathleen Robbins, representing the Vanderbilt Beach Residents Association,
stated the language in the revised Amendment was supported by the Association, and
she understood many conservation easements permitted certain uses which were
outlined in the easement. She stated if wet slips are not mentioned in an easement,
they should not be allowed. The purpose of a conservation easement is to "conserve"
the land in the easement.
George Hermanson noted a conservation easement on a shoreline does not always
prohibit the use of boats.
May 5, 2010
Richard Yovanovich, Esq., on behalf of Signature Communities, referred to the
Dunes Project and stated the Project went through a re- zoning process in 1998, and
there were discussions about boat docks when the original PUD was adopted. He
stated it was understood the developer would return to the BCC in the future to discuss
the actual number of boat docks because at the time of an application for re- zoning,
the number and appearance of the boat docks was unknown. He further stated a PUD
Master Plan is required to identify a preserve area within the development but he is not
aware of a PUD Master Plan that allows boat docks in a preserve area.
Mr. Yovanovich continued his narrative of the history of the Project.: In 2000, the
Project requested to add one hundred acres to the property which included one mile of
shoreline. The former Planning Director stated The Dunes would be allowed to build
10 boat slips per 100 linear feet of shoreline. It was noted a portion of the property
would be placed in a conservation easement. The developer stated during the PUD
process he would ask for a total of 60 boat slips for the Project. He reiterated neither
the Board of County Commissioners nor anyone on Staff advised the developer that
the language of the conservation easement was to be drafted to allow frontage to be
used when calculating the number of boat slips.
He asserted the Manatee Protection Plan permits the calculation of the maximum
number of boat slips that could be allowed, but not the number that a developer could
request or receive. (Example: the maximum number allowed may be 100 slips, but
the developer would request to build only 50.) He stated the concept is the same as a
residential PUD. The PUD identifies a preserve area which is counted to calculate
density, but nothing will be built in the preserve. The dwelling units will be placed
elsewhere on the property.
Mr. Yovanovich contended the language in the Amendment will remove the Riparian
right of an owner to access the water, without compensation, and will result in
lawsuits. He stated the Project received State permits for 49 docks, but the developer
may lose an additional 29 if the Amendment is approved. He stated the previously
approved language, "unless there is an expressed prohibition, " is correct and should
remain.
He referenced Clam Bay which is a Natural Resource Protection Area. The residents
of Pelican Bay are concerned that the County could build public boat slips /docks
facility in the area resulting in massive amounts of docks for lease to the public.
Tim Hall, Turrell, Hall & Associates, stated his concern is for existing properties that
have conversation easements and will be affected. He suggested clarifying the
language to add the Amendment will apply only to County conservation easements and
not to State /Federal conservation easements where the shoreline is counted unless an
easement specifically prohibits it. The language should be consistent with the State
and Federal regulations and not permit a double standard to occur. He also suggested
clarifying the language because there are no conservation easements that allow wet
slips to be built within the conversation boundary — i.e., utilizing the following
language: "within the conversation easement documents. "
May 5, 2010
Lew Schmidt, resident of Vanderbilt Beach area, stated he was concerned about
preserving the environment. He stated the low lying portion of a residential
development is placed in a conservation easement primarily because it is not buildable
land. The result is a higher density in the upland section. He contended taking the
allowance (one dock per 100 linear feet) and moving it over to an area where the water
is deep enough for boats to dock is not a problem. The concern is that so many docks
will be built that the manatees will not be able to swim between the boats to get to their
habitat because the docks will be too "jammed up." He stated if boat docks are
permitted across the entire frontage, the area will be destroyed and will never recover.
Chairman Varian read a portion of an email from Marco Espinar concerning vested
rights. He would support it if the majority of members did.
Bob Mulhere stated statements have been made that the use of linear footage within a
conservation area to calculate the number of allowed boat slips is prohibited and
questioned whether that was, in fact, the existing policy. The policy was previously
interpreted to permit such calculations. He pointed out the County has allowed marina
facilities to be built with a number of slips that have been calculated based on the
entire linear frontage, including the portion within a conservation easement.
Clay Brooker stated Staff claims the BCC's direction in April 2008 was apparently
misinterpreted. The issue is whether or not the County, over the years, has consistently
applied the Manatee Protection Plan to exclude a shoreline that has a conservation
easement on it.
He stated the only project where the exclusion was applied was "Fishermen's Village."
(The language of the easement for "Fishermen's Village did allow docks.)
He read the transcript of the April 2008 meeting, and stated he did not understand
exactly what the BCC directed. "Each Commissioner asked, at least twice, what
exactly are we doing here by this motion? " He noted Joe Schmitt, CDES
Administrator at the time, stated he would consult with Industry representatives to
"craft" language that would work for everyone. Workshops were held over the past
two years and the result was the language that was approved by DSAC and the EAC.
Bob Mulhere stated in the worst case scenario, everyone would agree it is unclear
whether the existing language was intended to allow the inclusion of the linear
shoreline in a conservation easement or not. It is not specific — one way or the other.
Clay Brooker stated the Manatee Protection Plan refers to "shoreline" and only
shoreline. "Someone" decided to insert additional words — the Plan does not reference
shoreline encumbered by an easement.
Bob Mulhere noted there is an effort to clarify but in the process of "clarifying," the
result was to exclude. Unless there is clarification, there will be resistance to placing
any shoreline into a conservation easement in the future. If an appropriate number of
slips are allowed to be calculated, based on the entire frontage, there will be no
objections to providing a conservation easement. The language will further reduce the
likelihood of access to the water for the public.
May 5, 2010
Clay Brooker said the fight is over the number of permitted wet slips and being driven
by one project. He stated he does not think it is wise to change the Code to rectify one
project.
George Hermanson stated if a property owner has water, he will want to build a dock.
He was concerned about the requirement to offer public access. Boat slips are usually
offered as an amenity to the residents of a development. Developers will no longer be
able to do that because they will be forced to offer the same boat slips to the public.
(David Dunnavant arrived at 4: 05 PM.)
Additional questions and comments:
• Has the County Attorney's office conducted a Burt- Harris analysis if the
language is adopted?
• One member stated he thought the Amendment was nothing more than a land
grab.
Dalas Disney stated water sports, fishing, and boating are a huge part of the lifestyle in
Florida. He further stated the LDC revision was a push to reduce /eliminate boat traffic
and to further reduce land rights without compensation to land owners. He did not
support the Amendment.
Public Speaker:
Frank Perrucci stated he thought the issue had been decided two years ago. He
further stated the Marine Industries supports more access for the community.
Reed Jarvi moved to amend the language in Paragraph G:
• The first sentence will remain the same.
• The second sentence will be changed as follows:
"Shoreline within County, State and Federal conservation easements
which do not allow wetslips within their conservation easements shall
not be used in calculating the maximum allowable number of wet slips
pursuant to the Manatee Protection Plan.
• Remove the remainder of the sentence starting at the word "except. "
• The last sentence will read. "Any existing or vested right with respect to wet
slips shall be exempted from this Subsection."
Second by Robert Mulhere for discussion.
Bob Where suggested removing "do not allow wet slips" and substituting "which
expressly prohibit wet slips."
Clay Brooker stated the previously approved language stated: Shoreline cannot be
utilized for calculation of wetslips if it is encumbered by a conservation easement
which expressly and specifically excludes wetslips. If an easement is silent or
expressly allows wet slips, you can use the shoreline in the calculation.
Laura DeJohn pointed out the purpose was to not allow calculation using the
shoreline — counting of shoreline toward the number of wetslips — which is different
from easements which do not allow wetslips to physically occupy the easement.
May 5, 2010
Reed Jarvi stated the intention of his motion was to make the County easements the
same as the State and Federal easements.
Clay Brooker confirmed Laura was correct and clarified the previous approved
language: All shoreline will be used, except for shoreline within conservation
easements where the conservation easement expressly and specifically excludes the use
of the easement shoreline, to calculate the amount of wetslips.
Dalas Disney stated the language allowed additional boat slips to be requested through
a Conditional Use but the likelihood of obtaining approval of the Conditional Use was
slim.
There was further discussion concerning potential problems such as what if the
development was gated — how would the public gain access? How many public would
be allowed? It was pointed out that County -owned public docks would also be
affected by the Amendment.
The Motion was defeated — all members were opposed.
Clay Brooker moved to recommend approval of the previous language supported by
DSAC as follows:
The definition of shoreline for the purpose of the Manatee Protection
Plan shall be the interface of land and water at mean high water, as
established using standard survey techniques.
All of the shoreline will be used for calculating the maximum allowable
number of wetslips pursuant to the Manatee Protection Plan, exceptfor
shoreline within conservation easements where the conservation
easement expressly and specifically excludes the use of the easement
shoreline to calculate the amount of wetslips.
• Subsection G shall apply only to conservation easements granted as of the
date of approval of the Ordinance.
Second by George Hermanson.
Clay Brooker suggested sending an explanation (commentary) to the Board that at the
end of the April, 2008 meeting, the representation by Joe Schmitt was the issue would
be presented to the community and the Industry to work out language. The language
was presented to the EAC and was approved by their vote of 4 to 1 in the first instance
and was approved for a second time by the EAC.
At the end of the 2008 meeting, people were confused and did not grasp all of the
issues, nuances, and consequences.
George Hermanson suggested the record should reflect DSAC supports the use of
conservation easement to prohibit unsuitable uses in those areas but recognizes an
easement should not further restrict an individual's right to calculate the number of
docks that will reasonably fit. If extensive conservation easements are placed on
shorelines, the easements will physically restrict the number of docks by virtue of the
amount of available shoreline.
Assistant County Attorney Wright pointed out the last sentence of the motion could
leave a question with respect to existing easements.
May 5, 2010
Clay Brooker amended the motion to remove the last sentence. Second by George
Hermanson. Motion carried 12- "Yes 7]- "No. " Dalas Disney was opposed.
VI. Old Business:
A. Final PUD Application Fee Changes — Jamie French
• Staff has recommended to lower the PUD close -out fee to $2,500.
• Multiple developments within a PUD will be covered by the single figure.
• Will be presented to the BCC in July
Robert Mulhere moved to recommend approving the reduction of close -out fees and
to forward the recommendation to the Board of County Commissioners. Second by
Reed Jarvi. Carried unanimously, 13 — 0.
(Ray Allain left at 4:45 PM.)
Performance Standard Measures — Jamie French
• Staff made a determination regarding the number of plans to be submitted:
o Single family: three sets of plans — two of which must be signed and
sealed
o Commercial: five sets of plans
Dalas Disney moved to recommend approving the Performance Standards and to
forward the recommendation to the Board of County Commissioners. Second by
Mario Valle. Carried unanimously, 12 — 0.
B. Update on Main Water Breaks — Nathan Beals and Joe Thomas, Public Utilities
• Investigation revealed there were not as many water main breaks as had been
thought
VII. New Business:
A. Right -of -Way and Site Plan Review — Stan Chrzanowski, Engineering Review
Manager
Mr. Chrzanowski stated a Workshop will be scheduled in the near future and the
Committee will be notified.
C. Flood Damage Prevention Ordinance — Robert Wiley
A copy of the draft of the Flood Damage Prevention Ordinance, prepared by the
County Attorney's Office, was distributed to the Committee.
Mr. Wiley stated the Ordinance has been presented to the Floodplain Management
Planning Committee. He requested the Committee Members review the document and
email their comments to him within the next 30 days. He will compile the comments
along with suggestions to resolve perceived issues and will present the information to
the Floodplain Committee in July and to DSAC in August. He will also email the
State's Model Ordinance to the Staff Liaison (Judy Puig) who will forward it to the
Committee Members.
10
May 5, 2010
Mr. Wiley pointed out the yellow highlighted portions of the Ordinance reflected
changes suggested by other Committee members. The purpose of the document is to
bring the local Ordinance current with FEMA's methods of operations, especially in
terms referenced in the Ordinance. The goal is to present a final document to the
Board of County Commissioners in October.
Chairman Varian asked the members to review a draft of a letter to be sent to the
Board of County Commissioner and the County Manager.
Robert Mulhere moved to recommend approving the letter for signature by the
DSAC Chairman and to forward the letter to the Board of County Commissioners.
Second by George Hermanson. Carried unanimously, 12 — 0.
(Robert Mulhere left at 5:00 PM.)
Paul Mattausch, Director of the Collier County Water Department, stated there
was apparently some confusion following his presentation to DSAC at its last meeting.
He stated for the record:
• The Special Act of the Legislature establishing the Collier County Water /Sewer
District established that the District will provide no free service.
• Collier County Ordinance 2001 -73, as amended, also established that the
District will provide no free service.
• There are no exempted uses from either the Special Act of the State Legislature
or the Collier County Ordinance.
• The only way to equitably and impartially to measure and bill for water usage
is through the use of a water meter.
• Collier County Cross - Connection Control Ordinance 1997 -33, as amended,
establishes that all service connections will be protected by a back -flow
preventer. (Equipment specified: reduced pressure principle back -flow
preventer)
• The Florida Administrative Code established that the public water supply
system must maintain a minimum of 20 psi. ISO tested to establish insurance
rates and confirmed the 20 psi minimum pressure under fire flow conditions.
• Collier County Utility Standards was established by Ordinance and set a
minimum pressure at the main of 40 psi. The increased pressure recognizes
and compensates for the pressure lost through a meter and a back -flow
prevention device.
VIII. Committee Member Comments:
(None)
Next Meeting Dates:
June 2, 2010 — 3:00 PM
July 7, 2010 — 3:00 PM
August 4, 2010 — 3:00 PM
May 5, 2010
There being no further business for the good of the County, the meeting was adjourned
by order of the Chairman at 5:02 PM.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
William Varian, Chairman
The Minutes were approved by the Board /Committee on ,
as presented , or as amended
12
Office of the Fire Code Official
2800 N. Horseshoe Dr.
Naples, FL 341 04
Fire Plan Review - Time Frame Summary
April -10
Number
Number
Average
#of 1st %of list
Percentages
Of
of
Time in
Reviews Reviews
Within Time
Reviews
Days
Days
Approved Approved
Frames
Architectural Reviews
477
665
1.39
Total
1st Review
304
531
1.75
214 70%
100/10 Days
6 Day Max
2nd Review
133
98
0.74
100/3 Days
3rd Review
32
27
0.84
100/3 Days
4th Review
7
8
1.14
100/3 Days
5th Review
1
1
1.00
100/3 Days
Total 2 -6 Reviews
173
134
0.77
100/3 Days
3 Day Max
Fire Sprinkler Reviews
Total
38
58
1.53
let Review
28
50
1.79
16 57%
100/10 Days
8 Day Max
2nd Review
8
8
1.00
100/3 Days
3rd Review
2
0
0.00
100/3 Days
Total 2 -3 Reviews
10
8
0.80
10013 Days
3 Day Max
Underground Reviews
Total
16
28
1.87
1st Review
12
23
1.92
9 76%
100/10 Days
8 Day Max
2nd Review
3
5
1.67
100/3 Days
Total 2nd Review
3
5
1.67
100/3 Days
3 Day Max
Fuel & LP Gas Reviews
8
2
0.26
Total
1st Review
5
2
0.40
2 40%
100/10 Days
1 Day Max
2nd Review
1
0
0.00
100/3 Days
3rd Review
2
0
0.00
100/3 Days
Total 2 -3 Reviews
3
0
0.00
100/3 Days
0 Day Max
Hood & FSUP Reviews
12
13
1.08
Total
1st Review
8
11
1.38
3 38%
100/10 Days
2 Day Max
2nd Review
1
1
1.00
100/3 Days
3rd Review
2
1
0.50
100/3 Days
4th Review
1
0
0.00
100/3 Days
Total 2-4 Reviews
4
2
0.50
100/3 Days
1 Day Max
Fire Alarm Reviews
Total
90
74
0.82
1st Review
57
61
1.07
20 36%
100/10 Days
2 Day Max
2nd Review
28
12
0.43
100/3 Days
3rd Review
2
1
0.50
100/3 Days
4th Review
3
0
0.00
100/3 Days
Total 2-4 Reviews
33
13
0.39
100/3 Days
2 Day Max
Summary
1st Review
414
678
1.64
264 64%
100/10 Days
Corrections
226
162
0.72
100/3 Days
Overall Totals
640
840
1.31
Office of the Fire Code Official
2800 N. Horseshoe Dr.
Naples, FL 341 04
Office of the Fire Code Official
Summary of Plan Review Activity
April -10
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:
477
38
15
8
12
90
60
700
21
33
1 Architectural Fast Track
2 Low Voltage
1 Tent
4
0.2
Ed:
29.5 Hrs.
Bob:
4.33 Hrs.
Jackie:
3.59 Hrs.
Ricco:
47.33 Hrs.
Maggie:
9.92 Hrs.
Classes and Seminars attended by FCO: Participant
4/6 -4/7 FFMIA Fire Caucus Meeting, Tallahassee Ed Riley
Total Overtime Hours for the Fire Code Office
*Overtime Hours Reimbursed by Contractors
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
2800 N. Horseshoe or
Naples, FL 34104
MEMORANDUM
Growth Management Division- Planning & Regulation
Department of Land Development Services
To: DSAC Members
Through: Nick Casalanguida, Deputy Administrator, GMD -P & R
From: Susan M. Istenes, AICP, Manager, Special Projects
Date: May 24, 2010
Subject: Update on Status of Administrative Code
The consultant for this project, Mark White, of White & Smith, LLC briefed you on a
conceptual overview of what will be the Administrative Code ( "the Code ") some time ago.
Although it has been assigned various levels of priority since that time, work has continued on
the project and Mark has recently completed the draft document which staff is presently
reviewing. Staff would like to update you on the project in its present draft form and to
provide an overview of it for your input on its style and format.
As you know, the Land Development Code (LDC) is the principal regulatory tool for
implementing the County's Growth Management Plan (GMP). Because the LDC
comprehensively regulates land development (including zoning and subdivision regulations) it
requires a number of different procedures for the approval of land development. The
Administrative Code combines the procedures for developing property under the LDC and
will function much like a procedures manual which will be separate from the LDC. One of
the benefits to having an Administrative Code in this format is that it will be easily amendable
and will not require the extent of time and hearings presently required as part of the LDC.
Specifically, the Administrative Code will provide the following functions:
1. Describes Permitting Procedures. This document tells you how to obtain permits to
develop your property. It describes how to put an application together, how to file the
application, and where to present your project for approval.
2. Agencies and officials. The Code explains the functions of the County agencies, officials,
and advisory committees who are involved in the development review process. This includes
telephone numbers, addresses and email contact information for permitting agencies.
3. Biding Legal Status. This Code establishes the required steps for development approval.
It is adopted and incorporated by reference in the LDC. Landowners and developers must
follow these steps before developing, using or subdividing their property.
4. Development Review Streamlining. This Code consolidates the procedural aspects of the
LDC in a single document. Applicants, design consultants, and administrative officials can
find procedural steps, fees and forms in a single reference document. This gives Collier
County an advantage over many other communities, where the procedures are scattered
throughout the development regulations.
The Administrative Code is has been designed to be suitable for use by_
1. Citizens who want to understand the procedures for development approval in their
neighborhood.
2. Contractors, home builders, developers and professional planners, engineers and
architects who want to understand the steps for obtaining permits under the County's LDC.
3. County officials who need a common set of rules and protocols to communicate with
applicants and the public.
The Code establishes and describes the sequences for obtaining land development approval in
Collier County. It is designed in a user - friendly format, with an organizational style and
writing format that is easily understandable by the general public as well as applicants and
County staff. Each section of the Code has a common format that addresses the following
elements of the permitting process:
1. When is this procedure required?
2. Who is eligible to file an application?
3. How do you file an application?
4. What information is required to be included with the application?
5. Are fees required and what are the specific required fees?
6. How does the County determine whether the application is sufficient?
7. Do I need to meet with County staff?
8. What are the notice requirements? Is a public hearing required? How are public hearings
run?
9. Who makes the decision?
10. How is the application reviewed?
11. What are the criteria for approval?
12. How soon is the decision made?
13. What happens after the application is approved?
What rights does the permit /order give
me?
14. What happens if the application is denied? May I reapply?
15. How is the permit /order recorded?
16. How is the permit /order monitored?
Please note the initial draft of the Code in this format resulted in a 400 -page document. While
staff was somewhat surprised at the size given the fact that no new regulatory text is being
proposed, the rewording and reformatting of existing text and the proposed format of the
document resulted in a lot of "white space" between paragraphs. Formatting in this style
improves readability and understanding of the document, but also resulted in a larger
document than expected. Attached you will find some select samples of written text in a
"before" and "after" scenario (before = the text in its present form/format in the LDC and
after = the modified text form and format that will become the Administrative Code). Staff
plans to present the same information (along with your feedback) both to the CCPC and the
BCC in the month of June.
For purposes of this discussion, it is not necessary that you read the entire Administrative
Code. The documents provided with this memo will serve to introduce you to the current
style and format so that you may have an understanding of the document and can comment on
it during the meeting. A full copy of the draft should be available on -line in the near future.
Should you have any questions or comments before your June 2nd meeting, please feel free to
contact Susan Istenes at 252 -2464.
DRAFT ADMINISTRATIVE CODE TABLE OF CONTENTS AND INTRODUCTORY CHAPTER
Collier County Land Development Code I Administrative Code
Contents
Chapter1. Introduction ............................................................................... ............................... 8
Howto Use this Code ................................................................................... ............................... 9
Typesof Procedures ................................................................................... ............................... 12
ReviewingAgencies ...................................................................................... .............................13
Board of County Commissioners ( BCC) ................................................... ............................... 13
PlanningCommission .............................................................................. ............................... 13
Community Development & Environmental Services Division ( CDES) ... ............................... 13
OrganizationalChart ................................................................................. .............................14
Environmental Advisory Council (EAC) ..................................................... .............................14
Development Services Advisory Committee ........................................... ............................... 15
Archaeological /Historical Preservation Board ........................................ ............................... 15
Summary of Agency and Department Review Responsibilities .............. ............................... 15
Common Procedural Steps and Information .............................................. ............................... 19
Authority to file applications ................................................................... ............................... 19
Fees and Submittal Requirements .......................................................... ............................... 19
Initiatingthe Application ........................................................................... .............................19
Pre - application meeting .......................................................................... ............................... 20
Sufficiencyreview ................................................................................... ............................... 23
Openand Closed Applications ................................................................ ............................... 24
Neighborhoodinformation meeting ...................................................... ............................... 25
Pre - Construction Conference ( Engineering) ........................................... ............................... 28
Noticerequirements ............................................................................... ............................... 29
Denialof Permits ..................................................................................... ............................... 29
Staffreview/ informal dispute resolution .............................................. ............................... 29
Where to find current information ......................................................... ............................... 30
Stateand Federal Law ............................................................................. ............................... 30
Processflowchart legend ........................................................................ ............................... 31
Reconsiderationby BCC .......................................................................... ............................... 32
Chapter 2. Legislative Procedures ............................................................. ............................... 34
A. Plan Amendment ................................................................................. ............................... 34
Page 13
Internal WIP Draft February 12, 2010
Collier County Land Development Code ( Administrative Code
B.
Comprehensive Rezoning ...................................................................... .............................40
C.
Historic Designation ............................................................................ ...............................
44
D.
Land Development Code Amendment (Text Amendment) ................ ...............................
44
Chapter 3. Administrative Procedures with Public Hearing ...................... ...............................
47
A.
Introduction to Administrative Procedures ........................................ ...............................
47
B.
Boat Dock (Boathouse Establishment, Dock Facility Extension, Boat Lift Canopy) ...........
48
C.
Conditional Use ................................................................................... ...............................
52
D.
Development of Regional Impact ( DRI) ............................................... ...............................
60
E.
Mixed Use Project ( MUP) .................................................................... ...............................
65
F.
Planned Unit Development (PUD) Rezone .......................................... ...............................
69
G.
Planned Unit Development (PUD) Extension ........................................ .............................81
H.
PUD Amendment ( PUDA) .................................................................... ...............................
85
I.
Rezoning (Standard) ............................................................................ ...............................
90
J.
Street Name Change ............................................. ............................... ............................104
Chapter 4. Administrative Procedures (No Hearing Required) .................. ............................105
A.
Agricultural Clearing Permit .................................. ............................... ............................105
B.
Building Permit ...................................................... ............................... ............................112
C.
Coastal Construction Setback Line Permits ........... ............................... ............................116
D.
Concurrency (Certificate of Public Facility Adequacy) ......................... ............................118
E.
Early Work Authorization ( EWA) ........................... ............................... ............................131
F.
Interpretation ........................................................ ............................... ............................134
G.
Land Alteration Permit .......................................... ............................... ............................137
H.
Landscape and Irrigation Plans .............................. ............................... ............................138
I.
Sexually Oriented Business ................................................................ ...............................
142
J.
Sign Permit ............................................................ ............................... ............................144
K.
School Board Consistency Review ......................... ............................... ............................147
L.
School Board Review (SBR) ................................... ............................... ............................151
M.
Site Development Plan ...................................................................... ...............................
157
ConceptualSite Plan (CSP) .................................................................... ...............................
157
Site
Development Plans — Generally ..................................................... ...............................
158
SiteImprovement
Plan (SIP) ................................................................ ...............................
174
Site
Development Plan Insubstantial Change ....................................... ...............................
176
N.
Temporary Permits ............................................................................ ...............................
181
Page 14
Internal WIP Draft February 12, 2010
Collier County land Development Code I Administrative Code
Generally............................... ............................... ............181
..................... ...............................
FilmPermits ........................................................................................... ............................... 186
0. Zoning Certificate .................................................. ............................... ............................190
P. Zoning Verification Letter ...................................... ............................... ............................194
Chapter S. Subdivision Procedures .......................................................... ............................... 196
A. Lot Split .............................................................................................. ............................... 196
B. Preliminary Subdivision Plat .................................. ............................... ............................198
C. Improvement Plans (CNSTR) ............................................................. ............................... 204
D. Final Subdivision Plat ( PPL) ................................................................ ............................... 216
E. Completion and Acceptance of Improvements ................................ ............................... 232
F. Resubdivision ......................................................... ............................... ............................238
G. Vacation of Subdivision Plats ............................................................ ............................... 239
H. Construction Plans, Insubstantial Changes ...................................... ............................... 241
Chapter 6. Appeals, Variances, Amendments and Waivers .................... ............................... 242
A. Administrative Appeal ....................................................................... ............................... 242
B. Administrative Fence Waiver (AFW) ................................................. ............................... 244
C. Administrative Parking Reduction ( APR) ........................................... ............................... 245
D. Administrative Variance ( AVA) .......................................................... ............................... 246
E. Alcohol Distance Waiver ................................................................... ............................... 247
F. Alternative Architectural Design ....................................................... ............................... 249
G. Auto Service Station Waiver .............................................................. ............................... 252
H. Conditional Use Extension ................................................................. ............................... 254
I. Conditional Use Re- Review ............................................................... ............................... 257
J. Development of Regional Impact Abandonment ............................. ............................... 258
K. Development of Regional Impact Amendment ................................ ............................... 260
L. Development Order Amendment - Fence Finished Side Out Waiver .............................. 264
M. Flood Damage Prevention Variance .................................................. ............................... 265
N. Legal Non - Conforming Lot Development .......................................... ............................... 267
O. Nonconforming use alteration .......................................................... ............................... 271
P. Nonconforming use change ( NUC) .................................................... ............................... 273
Q. Official interpretation appeal ( OIA) ................................................... ............................... 276
R. Parking exemption ............................................................................. ............................... 278
S. PUD Insubstantial Change ................................................................. ............................... 283
Page ( 5
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Code
T. PUD Minor Change (PMC) ............................. ............................... ............ 286
........................
U. PUD Sunsetting .................................................................................. ............................... 288
V. Lot Line Adjustment (LLA) ................................................................. ...............................
290
W. Sign Variance ..................................................................................... ...............................
292
X. Variance ................................................................. ............................... ............................295
Y. Vested Rights Determination (LDC 9. 02 .01) ........................... .................. ...
...... ...............
299
Chapter 7. Miscellaneous Procedures & Submittal Requirements ......... ...............................
302
A. Carnival / Circus Permit ..................................................................... ...............................
302
B. Environmental Data Submittal Requirements .................................. ...............................
307
C. Landscape Certificate of Compliance ................................................ ...............................
312
D. Neighborhood Park Site Plan ( NPSP) ................................................. ...............................
313
E. Rural Lands Stewardship Area (RLSA) ............................................... ...............................
315
1. Stewardship Sending Area (SSA) ................................................... ...............................
315
2. Stewardship Receiving Area (SRA) ................................................ ...............................
323
3. Stewardship Receiving Area Alternative Deviation Design ........... ...............................
342
F. Soil Erosion and Sediment Control Plan ............................................ ...............................
349
G. Traffic Impact Statement (TIS) .......................................................... ...............................
351
H. Transfer of Development Rights (TDR) Program ............................... ...............................
354
I. Vegetation / Tree Removal ............................................................... ...............................
361
Cultivated Tree Removal Permit ........................................................... ...............................
361
Vegetation Removal Permit (LDC 10.02.06C) ...................................... ...............................
363
J. Wellfield Development ...................................................................... ...............................
367
Certificate to Operate / Letter of Approval .......................................... ...............................
367
Certificates to Operate — Renewal ........................................................ ...............................
373
Wellfield Conditional Use Permits ........................................................ ...............................
374
Public Hearings for Wellfield Permits ................................................... ...............................
377
Modification of Wellfield Permits ......................................................... ...............................
379
Revocation or Revision of Wellfield Permits ......................................... ...............................
380
Chapter8. Notice ..................................................................................... ...............................
383
A. Generally ........................................................................................... ...............................
383
B. Contents ............................................................................................ ...............................
383
C. Categories of Notice .......................................................................... ...............................
384
D. Notice Recipients ............................................................................... ...............................
385
Page 16
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Code
Chapter 9. Enforcement ..............................
A. Violations ................ ...............................
B. Remedies ................ ...............................
1. Restoration Plans ... ...............................
2. Mitigation Plan ....... ...............................
C. Signs ........................ ...............................
Chapter 10. Where to Find Current Inform
Chapter 12. Contact Information ...............
Chapter 12. Contact Information ...............
Chapter 13. Acronyms . ...............................
Glossary and Rules of Interpretation ...............
Index.................................. ...............................
.......................................... ............................... 387
.......................................... ............................... 387
.......................................... ............................... 387
.......................................... ............................... 387
.......................................... ............................... 388
.......................................... ............................... 391
don................................... ............................... 392
.......................................... ............................... 396
.......................................... ............................... 396
.......................................... ............................... 397
......................................................... I............... 399
.......................................... ............................... 402
Appendices................................................................................................... ............................... 403
Page 17
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Code
Chapter 1 lintroduction
Chapter 1. Introduction
Collier County's Land Development Code (LDC) combines the County's zoning, subdivision and
related land development regulations into a single chapter of the Code of Laws. The LDC is the
principal regulatory tool for implementing the County's Growth Management Plan. Because
the LDC comprehensively regulates land development, it requires a number of different
procedures for approval of land development. These range from simple, single -lot residences
to large, multi - phased planned developments. This document combines the procedures for
developing property under the LDC.
This manualThis Code is available for download as an Adobe PDF file on the Community
Development and Environmental Services Division (CDES) website at
http: / /www.colliergov .net /index.aspx ?page =128. It is also available for purchase in print copy
at the CDES offices at 2800 N. Horseshoe Drive, Naples, FL 34104.
This Administrative Procedures Manual provides the following functions:
• Describes Permitting Procedures. This document tells you how to obtain permits to
either develop your property. It describes how to put an application together, how to
file the application, and where to present your project for approval.
• Agencies and officials. This Manual Code explains the functions of the County
agencies, officials, and advisory committees who are involved in the development
review process. This includes telephone numbers, addresses, and email contact
information for permitting agencies.'
• Binding Legal Status. This Manual Code establishes the required steps for
development approval. It is adopted and incorporated by reference in the LDC.
Landowners and developments must follow these steps before developing, using or
subdividing their property.
• Development Review Streamlining. This ManualThis Code consolidates the procedural
aspects of the LDC in a single document. Applicants, design consultants, and
administrative can find procedural steps, fees, and forms in a single reference
document. This gives Collier County an advantage over many other communities, where
the procedures are scattered throughout the development regulations.
This ManualThis Code is suitable for use by:
1 See "Permitting And Development Guide Now On County Web Site," at http: / /www.lee-
countv.com /N EWS /12- 08 -00% 20Permittine %20Guide.htm.
Page 18
Internal WIP Draft February 12, 2010
Collier County land Development Code I Administrative Code
Chapter 11 Introduction
Citizens who want to understand the procedures for development approval in their
neighborhood.
• Contractors, home builders, and developers who want to understand the steps for
obtaining permits under the County's LDC.
County officials who need a common set of rules and protocols to communicate with
applicants and the public.
How to Use this Manualthis Code
This Manual Code establishes and describes the sequences for obtaining land development
approval in Collier County. It is designed in a user - friendly format, with an organizational style
and writing format that is easily understandable by the general public as well as applicants and
County permitting staff. Each section of this Manual has a common format that addresses the
following elements of the permitting process:
When is this procedure required? This describes the type of development activities
or situations where the procedure applies.
Who is eligible to file an application? Typically, only the property owner or the property
owner's agent can file an application. Some
procedures that have broader applicability — such
as plan amendments — can be initiated by a
member of the general public or a third party.
How do I file an application? This describes where and how to file an
application, along with the County agency that an
application is filed with.
What information is included with the This establishes the information that must
application? accompany the application. The County will not
process an application if insufficient information is
provided. This gives that applicant assurance that
the process will go forward if the applicant
provides sufficient information. This
Administrative Code lists the information that is
required for each process. The required
applications may include additional detail about
the number of copies required for certain
information items. The applicant must file the
required number of copies in order to have a
Page 19
Internal WIP Draft February 12, 2010
Collier County Land Development Code { Administrative Procedures Manual
Chapter 1 Introduction -How to Use this Manualthis Code
sufficient application.
Are fees required? Most applications require a fee. The County will
not process the applications unless the applicant
pays the required fees. The fees are set out in the
Community Development and Environmental
Services Fee Schedule approved by the Board of
County Commissioners.
How does the County determine Once sufficient information is provided, the County
whether the application is will process the application. This section assigns
completesufficient? responsibility for determining that the application
is sufficient, and how that determination is
communicated to the applicant.
Do I need to meet with County staff? Some actions require the applicant to meet with
County staff for a briefing on the required
procedures and major issues. This can avoid
confusion, and ultimately streamline the
permitting process.
What kind of notice is required? Is a Some applications require public notice before it is
public hearing required? How are public discussed and a decision is made. This section
hearings run? describes the type of notice required, and when
notice is made available.
Who makes the decision? Only the agency or official can approve, deny, or
attach conditions to the application. This section
indicates the agency or official who makes the
decision. Some decisions are appealable, in which
case another agency will make the final decision.
How is the application reviewed? When an application is completesufficient, it is
transmitted to the appropriate official or agency
for approval, denial, or conditional approval. This
section describes the type of procedure (for
example, a public hearing) that applies to the
decision making process, how the decision is
reached, and how it is communicated to interested
parties.
What are the criteria for approval? This section sets out the general standards for
approving, denying or attaching conditions to the
application. Generally, all applications are subject
to the LDC and the Comprehensive Plan.
How soon is the decision made? Some actions require action within a designated
time period. This section will set out the
Page 110
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 11 introduction -How to Use this Manualthis Code
designated time period (if any), and what happens
if a decision is not made by the deadline.
What happens after the application is
Not all applications give the applicant the right to
approved? What rights does the
begin construction. Some approvals give the
permit /order give me?
applicant the ability to move to the next step in the
approval process. This section indicates the rights
that an application confers, and how long an
applicant has to go to the next step in the process.
What happens if the application is
The applicant can appeal some applications if they
denied? May I reapply?
are denied, while others require court action if the
applicant believes the agency or official was
mistaken. The applicant can also reapply and ask
for a new decision for some applications, and there
might be a waiting period before the applicant can
reapply.
How is the permit /order recorded? Applicants must keep copies of their approvals.
This will help to resolve questions about the uses,
development or activities that were approved if
questions arise later.
How is the permit /order monitored? Some approvals require monitoring to ensure that
the applicant complies with the LDC or the
conditions of approval.
The Manual has visual cues that improve its readability. These include:
This indicates a purpose statement. These explain why a certain procedure or item
exists, but are not binding requirements. They may be used to interpret this Manualthis
Code.
a These are cross - references that refer to another part of this Manualthis Code.
d These are explanatory materials that help to explain a provision of this Manualthis Code.
They may include explanations or examples.
[NOTE: HAVE INCLUDED A BORDERLINE FOR MANY , THE MATERIALS THAT ARE NEW ITEMS
OR SIGNIFICANT CHANGES FROM EXISTING PROCED ES, AS OPPOSED TO A REWRITE. NOTES
ARE IN YELLOW HIGHLIGHTING.)
Page 111
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 1 Jlntroduction- Reviewing Agencies
Types of Procedures
There are six (6) major categories of procedures in the LDC:
Legislative
These require action by the County Commission at a public hearing,
involve broad public policy issues, and tend to occur early in the
development approval process. Examples include plan amendments
and large -scale rezonings.
Administrative
These involve the application of established policies or criteria to
with Hearing
specific projects, and typically require the exercise of discretion or
judgment by the reviewing agency. Administrative procedures
normally require a public hearing.
Subdivision
Plat approval involves a combination of Administrative and ministerial
Plat
actions from the beginning to the end of the process. Because they
involve a unique set of submittal and review requirements, they are
described separately from the zoning and land use procedures.
Administrative
These involve the application of specific criteria to a project, and
without
occur at the staff level without a public hearing. Ministerial decisions
Hearing
tend to occur late in the development approval process.
Appeals,
These involve modifications to the standards to accommodate
Variances,
topographical restrictions, vested or property rights, or competing
Amendments
public policies.
and Waivers
Miscellaneous
These include miscellaneous procedures that are difficult to classify,
such as transfers of development rights.
The type of procedure determines who hears the application, the rights the application confers,
and the procedures that apply when the permitting agency or official approves or denies the
application.
This ManualThis Code serves as both a guidance document and binding legal requirements.
Applicants are not allowed to establish a use or to begin development unless they obtain all
development orders or development permits that are required by this Man ualthis Code. The
burden is on the applicant to submit any application in a timely manner, to respond to the
County's review comments, and to commence construction in a timely manner after approval is
granted.
Page 112
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 11 Introduction- Reviewing Agencies
Reviewing Agencies
This section describes the various agencies who are involved in processing zoning and land
development applications.
Board of County Commissioners (BCC)
The Board of County Commissioners (BCC) is the County's governing agency. It sets the
County's land development policies by adopting and amending the comprehensive plan (the
Growth Management Plan), and the Land Development Code (LDC). It is also involved in
Administrative processes, making final decisions on rezonings and other development orders.
Planning Commission
The Collier County Planning Commission is designated as the local planning agency for the
County (Collier Code of Laws § 106 -1). The Planning Commission processes amendments to
the Growth Management Plan, text amendments to the LDC, and Administrative actions such as
rezoning. Normally, the Planning Commission submits a recommendation to the BCC, and the
BCC renders a final decision.
The Planning Commission generally meets on the first and third Thursday of each month, at
8:30 A.M. in the Board Hearing Room on the third floor of the Administration Building at the
government complex.
Community Development & Environmental Services Division (CDES)
Most applications begin the process with the County's Community Development and
Environmental Services Division (CDES). CDES provides information and services associated
with building permits, inspections, investigations, development plans, and land use petitions.
The Division provides guidance for the long -term use of land and public facilities to assure
quality growth and enhance the community's quality of life, pursuant to local ordinances and
Florida State growth management laws. Environmental Services include developing current and
long range plans to protect and enhance the County's water, native habitats, and wildlife
resources
The following primary departments provide the services offered by CDES: Administration,
Engineering & Environmental Services Department, Comprehensive Planning Department,
Department of Zoning and Land Development Review, Building Review and Permitting
Department, and the Code Enforcement Department. The Zoning and Land Development
Review (ZLDRor "Zoning Department ") department is usually the initial point of contact for
applications under the LDC. ZLDR The Zoning Department typically receives the application,
reviews it for sufficiency, and then forwards it to the appropriate agency or official for approval.
Page 1 13
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter IlIntroduction- Reviewing Agencies
Organizational Chart
Environmental Advisory Council (EAC)
This nine - member council acts in an advisory capacity to the Board in matters dealing with the
regulation, control, management, use or exploitation of any or all natural resources within the
County, and the review of all land development petitions which require an eEnvironmental
impact statement (EIS)Data Submittal Requirements per section 10.02.023.8 of the CodeLDC,
Chapter 7 of this Administrative Code, all developments of regional impact (DRI), lands with
special treatment (ST) or Area of Critical State Concern/ Special Treatment zoning overlays,
areas of the county covered by interlocal agreements, any petitions which cannot be resolved
between the applicant and staff. The Board has 5 members, which are appointed by the BCC.
The Board of County Commissioners' guidelines provide for 3 technical members and 2 non-
technical members, with 1 technical alternate member. Technical members have expertise in
one or more of the following areas related to environmental protection and natural resources
management: Air Quality, Biology (including any of the sub disciplines such as botany, ecology,
zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology,
Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste,
Stormwater Management, Water Resources, Wildlife Management, or other representative
areas deemed appropriate by the Board such as, but not limited to, a representative of the
development community. This is a Administrative Committee. Terms are four years.
Page 1 14
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 1 Introduction- Reviewing Agencies
You can view the EAC's agenda and related information at
http• / /www.coIIiergov .net /Index.aspx ?page =1449.
Development Services Advisory Committee
This 15- member committee was created on 1993. This committee represents the various
aspects of the development industry such as architect, general contractor, residential or
building contractor, environmentalist, land planner, land developer, landscape architect,
professional engineer, utility contractor, plumbing contractor, electrical contractor, structural
engineer, and attorney. The purpose of this committee is to provide reports and
recommendations to the BCC to assist in the enhancement of operational efficiency and
budgetary accountability within the Community Development Services Division and to serve as
a primary communication link between the Community Development Services Division, the
development industry and the citizens of Collier County. Terms are four years.
Archaeological/ Historical Preservation Board
The Historic /Archaeological Preservation Board ( "Preservation Board, ") is an advisory board to
the BCC. The Preservation Board designates, regulates, and administers historical and
archaeological resources in the County, under the direct jurisdiction and control of the BCC.
Summary of Agency and Department Review Responsibilities
A number of elected officials, appointed officials, and County staff are involved in the
procedures that implement the LDC. The following summary table sets out the review
responsibilities for each of the different agencies, boards, officials and commissions described
in the LDC. This includes whether the agency makes a decision, recommendation that
precedes a decision, conducts a meeting or a public hearing, or hears an appeal.
Page 115
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 1 /Introduction - Reviewing Agencies
Table 1 Summary of Decision- Making Responsibilities
D = Decision M = Meeting S = Staff Report
R = Recommendation A = Appeal or Referral
Procedure
Plan Amendment
BCC
D
PC
R
ZD
R
DIRAC
M
BOA
Other
Comprehensive Rezoning
D
R
R
M
Historic Designation
D
R
LDC Text Amendment
D
R
R
M
Agricultural Cle Perm' (1.6C 10.02.06D)
A
D3
Building Permit {LbC 10.02:06B)
f7i °
',°
A
Coastal Construction Setback Line Permits (LDC
10.02.06H)
D
A
Concurrency (GNIP TE —D; Obj. 5, 7 -8; LDC 6.02,
10.02.07)
S
D4
Early Work Authorization (LDC. 10.01.028)
D
DS
Interpretation (LDC 10.02.02F)
D
A
Land Alteration Permit (LDC 10.02.060
` %�
D
°'
A
Landscape Plans (LDC 10.02.14)
;�
D
A
"
Sexilally ed Business (CocWv. f{ 26-
1 .'.its ..:
" '
D:
of 4 siste#aew
p
S� Ord 1164iew (10:0 .03 A.3.)
D
A
""ermit (LDC 0.02.0685)
D
A6
Site Development Plan (10.02.03 B.)
A
D
- Conceptual Site Plan (LDC 10.02.03.A.5)
D
- Site Improvement Plan
: A
D
- Site Development Plan Insubstantial Change
ter:
D :
A
Temporary Permits
A
D
A
Zoning Certificate
D
A
Zoning Verification Letter
D
Boat Dock (LDC 5.03.06)
- Boat Lift Canopy
D
A
- Boathouse Establishment, Dock Facility
Extension
or Boat Lift Canopy Deviation
C
S
z Archaeological /Historical Preservation Board ( "Preservation Board ").
3 Environmental Services Department.
4 Transportation Services Division. The Zoning Department also submits a staff report on other
elements of concurrency, such as water, sewer, drainage, parks, and schools.
5 County Attorney reviews and signs off on EWA agreement.
6 Building Board of Adjustments.
Page 116
Internal WIP Draft February 12, 2010
Collier County Land Development Code ( Administrative Procedures Manual
Chapter 1 Introduction- Reviewing Agencies
D = Decision M = Meeting S = Staff Report
R = Recommendation A = Appeal or Referral
Procedure
Conditional Use (10.08.00)
PC
R
ZD
S
DRAC
BOA
D
Other—
Development of Regional Impact (
D
R
S
Mixed Use Project (LDC 2.03.07N3, -13)
D
S
Planned Unit Development (PUD) Rezone (LDC
10.02.13)
D
R
S
PUD Extension (LDC 10.02.13D6)
D
S
PUD Amendment (LDC 10.02.13.E) or Changes
- Substantial Change
D
R
S
- Insubstantial Change
D
S
- Minor Change
D
- Sunsetting
D
Rezone, Standard (LDC 10.02.08, 10.03.05H)
D
R
S
Street Name Change
D
comoiftl
A
$ &yf
on . rt
Administrative Appeal (LDC 10.02.02F5)
S
A
A$
Administrative Fence Waiver (LDC 5.03.02A8)
D
A
Administrative Parking Reduction (LDC 4.05.04F2)
D
A
Administrative Variance (LDC 9.04.04)
D
A
Alcohol Distance Waiver (LDC 5.05.01A6)
S
D
Alternative Architectural Design (LDC 5.05.08F)
D
Auto Service Station Waiver (LDC 5.05.05E1)
S
D
Conditional Use Extension (10.08.00E3)
S
D
Conditional Use Re- Review
S
D
Development of Regional Impact Abandonment
(10.03.00)
D
Development of Regional Impact Amendment
(10.03.00)
- Substantial
D
S
7 Zoning Department issues preliminary approval.
8 Building Board of Adjustments appeals involving the building code.
Page 1 17
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 11 Introduction-Reviewing Agencies
D = Decision M = Meeting 5 = Staff Report
R = Recommendation A = Appeal or Referral
- Insubstantial D
D S
S
Development Order Amendment Fence Finished D
D
Side Out waiver (LDC 5.03.02A7)
Flood Damage Prevention variance (LDC 9.04.05) S
S D
D
Legal Non - Conforming Lot Development (9.03.03) D
D
Nonconforming use alteration (LDC 9.03.05 2008) D
D R
R S
S
Nonconforming use change (NUC) S
S D
D
Official interpretation appeal (OIA) D
D
Parking exemption (LDC 4.05.02K3)
- Meets LDC 4.05.02.K.1 or —K.2 D
D
- Does not meet these requirements D
D R
R S
S
Lot Line Adjustment (LDC 10.02.02138, 4.03.04)
Sign Variance (LDC 9.04.02A) S
S D
D
Variance (LDC 9.04.01) S
S D
D
Vested Rights Determination (LDC 9.02.01) R
R
(C6' e A
a
21Q. Ft Como
U
9 Engineering Review Director.
10 Hearing Officer.
11 Review process is established in the SRA Development Document.
12 County Landscape Architect.
13 The Environmental Services Department approves a Vegetation Removal Permit. The
Engineering Services Division of the Engineering, Environmental, Comprehensive Planning and
Zoning Services Department approves a Tree Removal and Site Filling Permit.
Page 118
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 1 I Introduction- Reviewing Agencies
Common Procedural Steps and Information
This section describes common information that applies to most of the review procedures in
this document. Additional information is found in the sections that describeing each process.
Authority to file applications
Generally, oOnly the owner(s) of property subject to an application, or their authorized agent,
have the authority to file applications under the LDC. The only exceptions to this requirement
are for Growth Management Plan Amendments, and LDC Text or Zoning Map Amendments, or
where specifically indicated in the regulations for a particular procedure. For these case, a
property owner, their agent, the BCC, or ZLDR may initiate an application. Regardless of who
files an application, the materials must indicate a primary contact person for the application,
along with the contact's telephone number, fax number, mailing address, and e-mail address.
To avoid confusion, official communication with an applicant by the County is limited to the
designated contact person.
Fees and Submittal Requirements
The County charges fees for applications filed under the LDC. The BCC establishes the fees by
resolution. The fee schedule is available for download at the ZLDRZoning Department's website
at http: / /www.colliergov .net /index.aspx ?page =128 and Chapter 15 of this Manualthis Code.
The County will not accept an application until all of the required fees are paid.
The application submittal requirements are included in each process section in this Manualthis
Code. Under each process, the staff reviews the application to determine if it is complete. The
County will not accept or review an application until all of the required information is
submitted.
Initiating the Application
Page 1 19
Internal WIP Draft February 12, 2010
BEFORE
Section 10.08.00 CONDITIONAL USES PROCEDURES
CURRENT LCD TEXT
COLLIER COUNTY LAND DEVELOPMENT CODE
10.07.02
10.08.00 CONDITIONAL USES PROCEDURES
A. General. A conditional use is a use that would not be appropriate generally or without restriction
throughout a particular zoning district or classification, but which, if controlled as to number, area,
location, or relation to the neighborhood, would promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in
zoning district as a conditional use if specific provision for such conditional use is made in this
zoning code. All petitions for conditional uses shall be considered first by the planning commission
in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature.
B. Written petition. A written petition for conditional use shall be submitted to the County Manager or his
designee indicating the basis in this zoning code under which the conditional use is sought and
stating the grounds upon which it is requested, with particular reference to the types of findings which
the board of zoning appeals must make under section 10.08.00 D. below. The petition should include
material necessary to demonstrate that the grant of conditional use will be in harmony with the
general intent and purpose of this zoning code, will be consistent with the growth management plan,
will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the
public welfare. Such material shall include, but Is not limited to, the following, where applicable:
1. Conceptual site development plans at an appropriate scale showing the proposed place-
ment of structures on the property, provisions for ingress and egress, off - street parking and
off -street loading areas, refuse and service areas, and required yards and other open
spaces. The conceptual site development plan shall not be in lieu of, nor eliminate the need
for, a site development plan under section 10.02.03, as applicable.
2. Plans showing proposed locations for utilities.
3. Plans for screening and buffering with reference as to type, dimensions, and character.
4. Proposed landscaping and provisions for trees protected by county regulations.
5. Proposed signs and lighting, including type, dimensions, and character.
6. Developments shall Identify, protect, conserve, and appropriately use native vegetative
communities and wildlife habitat. Habitats and their boundaries shall be identified on a current
aerial photograph of the property at a scale of at least one inch equals 400 feet. Habitat
Identification shall be consistent with the Florida Department of Transportation Land Use
Cover and Forms Classification System and shall be depicted on the aerial photograph.
Information obtained by ground - truthing surveys shall take precedence over photographic
evidence.
7. Where this zoning code places additional requirements on specific conditional uses, the
petitioner shall demonstrate that such requirements are met.
Where the rezoning of land, as well as grant of conditional use, is requested simultaneously
for the same parcel of land, both said petitions may be processed concurrently in accordance
with the procedures set forth In section 10.02.08 and this section.
C. Notice and public hearing. Notice and public hearing by the planning commission and the board of
zoning appeals shall be as provided for under section 10.03.05 B., such that the provisions applicable
LDC10:172
APPLICATION, REVIEW, AND DECISION- MAKING PROCEDURES
10.07.02
to the board of county commissioners shall apply to the board of zoning appeals All testimony given
shall be under oath and the action by the planning commission and the board of zoning appeals shall
be quasi - judicial in nature. Additionally, the requirements of section 10.02.05 E. must be met.
D. Findings. Before any conditional use shall be recommended for approval to the board of zoning
appeals, the planning commission shall make a finding that the granting of the conditional use will
not adversely affect the public Interest and that the specific requirements governing the individual
conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and
arrangement has been made concerning the following matters, where applicable:
1. Consistency with this Code and growth management plan.
2. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in
case of fire or catastrophe.
3. The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects.
4. Compatibility with adjacent properties and other property in the district.
E. Conditions and safeguards. In recommending approval of any conditional use, the planning
commission may also recommend appropriate conditions and safeguards in conformity with this
zoning code. Violation of such conditions and safeguards, which are made a part of the terms under
which the conditional use Is granted, shall be deemed a violation of this zoning code.
2.
Any conditional use shall expire three years from the date of grant, if by that date the use
for which the conditional use was granted has not been commenced.
Any conditional use shall expire one year following the discontinuance of the use for which
the conditional use was granted unless the site was improved and/or structures built for the
specific uses approved by a conditional use and which cannot be converted to a use
permitted by the underlying zoning designation of the site.
The board of zoning appeals may grant a maximum of one one -year extension of an approved
conditional use upon written request of the petitioner.
Public facility dedication. The board of county commissioners may, as a condition of approval
of the conditional use, require that suitable areas for streets, public rights -of -way, schools,
parks, and other public facilities be set aside, improved, and /or dedicated for public use.
Where impact fees are levied for certain public facilities, the market value of the land set aside
for the public purpose shall be credited towards impact fees. Said credit shall be based on a
negotiated amount no greater than the market value of the set aside land prior to the approval
of the conditional use, as determined by an accredited appraiser from a list approved by
Collier County. Said appraisal shall be submitted to the county attorney's office and the real
property office within 90 days of the date of approval of the conditional use, or as otherwise
extended in writing by Collier County, so as to establish the amount of any impact fee credits
resulting from said dedication. Failure to provide said appraisal within this time frame shall
authorize the county to determine the market value of the property. Impact fee credits shall
only be effective after recordation of the document conveying the dedicated property to Collier
LDC10:173
COLLIER COUNTY LAND DEVELOPMENT CODE
10.07.02
County. Where the term Collier County is used in this section, it shall be construed to include
the Collier County Water and Sewer District or other agency or dependent district of Collier
County Government.
Land set aside and /or to be improved as committed as part of the conditional use approval
shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the
county that the property is needed for certain pending public improvements or as otherwise
approved by the board of county commissioners during the conditional use process. In any
case, however, the county shall take title to set aside property, at the latest, by a date certain
established during, and conditioned on, the approval of the conditional use.
The land set aside and/or to be improved shall be made free and clear of all liens,
encumbrances and improvements, at the developer's sole expense, except as otherwise
approved by the board. Failure to complete the dedication within the appropriate time frame
noted above may result in a recommendation to the board of reconsideration of approved
conditional use and may result in a violation of this code pursuant to section 8.08.00.
Should said dedication of land also include agreed upon improvements, said improvements
shall be completed and accepted by the Collier County Board of Commissioners at the
development phase which has infrastructure improvements available to the parcel of land
upon which said improvements are to be made, or at a specified time provided for within the
resolution approving the conditional use.
F. Denial. If the planning commission shall recommend denial of a conditional use, it shall state fully in
Its record its reason for doing so. Such reasons shall take into account the factors stated in section
10.08.00 D. above or such of them as may be applicable to the action of denial and the particular
regulations relating to the specific conditional use requested, if any.
G. Status of planning commission report and recommendations. The report and recommendations of the
planning commission required above shall be advisory only and shall not be binding upon the board
of zoning appeals.
H. Board of zoning appeals action on planning commission report. Upon receipt of the planning
commission's report and recommendations, the board of zoning appeals shall approve, by resolution,
or deny a petition for a conditional use. The approval of a conditional use petition shall require four
affirmative votes of said board.
Conditional uses for school or religious purposes. A use which has been approved as part of a
preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for
schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such
uses must comply with the provisions of division 3.3, site development plan approval, as applicable,
and all other zoning requirements.
J. Changes and amendments. The County Manager or his designee may approve minor changes in the
location, siting, or height of buildings, structures, and improvements authorized by the conditional
use.
Additional uses or expansion of permitted uses not shown on the conceptual site development plan
or otherwise specifically provided for in the conditional use application shall require submission,
review and approval of a new conditional use application.
LDC10:174
APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES
10 02 00 K 10.09.00 D.
K. Conditional use application processing time. An application for a conditional use will be considered
"open ", when the determination of "sufficiency" has been made and the application is assigned a
petition processing number. An application for a conditional use will be considered "closed" when the
petitioner withdraws the subject application through written notice or ceases to supply necessary
information to continue processing or otherwise actively pursue the conditional use, for a period of
six months. An application deemed "closed" will not receive further processing and shall be withdrawn
and an application "closed' through inactivity shall be deemed withdrawn. The planning services
department will notify the applicant of closure by certified mail, return receipt requested; however,
failure to notify by the county shall not eliminate the "closed" status of a petition. An application
deemed "closed' may be re- opened by submitting a new application, repayment of all application fees
and granting of a determination of "sufficiency ". Further review of the request will be subject to the
then current code.
1. Applicability. All applications for conditional use whether submitted before or after June 26,
2003, shall comply with the processing time procedures set forth in section 10.08.00 K.
above.
L. Conditional uses for school or religious purposes. A use which has been approved as part of a
preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for
schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such
uses must comply with the provisions of section 10.02.03, site development plan approval, as
applicable, and all other zoning requirements.
(Ord. No. 05 -27, § 3.000; Ord. No. 06 -07, § 3.Y)
10.09.00 Variance Procedures
A. Conditions and safeguards. In recommending approval of any variance, the planning commission may
recommend appropriate conditions and safeguards in conformity with this zoning code including, but
not limited to, reasonable time limits within which the action for which the variance is required shall be
begun or completed, or both. In the case of after- the -fact variances, the planning commission may
recommend, as a condition of approval, that in the case of the destruction of the encroaching
structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement
cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions
of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when
made a part of the terms under which the variance is granted, shall be deemed a violation of this
Zoning Code.
B. Recommendation of denial. If the planning commission recommends denial of a variance, it shall state
fully in its record its reason for doing so. Such reasons shall take into account the factors stated in
section 9.04.03 of this Code, or such of them as may be applicable to the action of denial and the
particular regulations relating to the specific variance requested if any.
C. Status of planning commission report and recommendations. The report and recommendation of the
planning commission required above shall be advisory only and shall not be binding upon the board
of zoning appeals.
D. Notice of board of zoning appeals public hearing. Upon completion of the public hearing before the
planning commission, the petition shall be heard by the board of zoning appeals. Notice of public
hearing shall be given at least 15 days in advance of the public hearing before the board of zoning
Supp. No. 3 LDC10:175
COLLIER COUNTY LAND DEVELOPMENT CODE
10 09 00 D 10.09.00 1.1.
appeals. The owner of the property for which the variance is sought, or his agent or attorney
designated by him on his petition, shall be notified by mail. Notice of public hearing shall be advertised
in a newspaper of general circulation in the county at least one time 15 days prior to the hearing.
E. Board of zoning appeals public hearings. The public hearing shall be held by the board of zoning
appeals. Any parry may appear in person by agent or attorney, or may submit written comments to the
board of zoning appeals.
F. Board of zoning appeals action. Upon consideration of the planning commission's report, findings and
recommendations, and upon consideration of the standards and guidelines set forth in section 9.04.03
of this code, the board of zoning appeals shall approve, by resolution, or deny a petition for a variance.
G. Conditions and safeguards. In granting any variance, the board of zoning appeals may prescribe
appropriate conditions and safeguards in conformity with this zoning code, including, but not limited
to, reasonable time limits within which action for which the variance is required shall be begun or
completed, or both. In the case of after - the -fact variances, the board may stipulate that in the case of
destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50
percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction
shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such
conditions and safeguards, when made a part of the terms under which the variance is granted, shall
be deemed a violation of this zoning code.
H. Limitations on power to grant variances. Under no circumstances shall the board of zoning appeals
grant a variance to permit a use not permitted under the terms of this zoning code in the zoning district
involved, or any use expressly or by implication prohibited, by the terms of these regulations in the
said zoning district.
I. Variance application processing time. An application for a variance will be considered "open" when the
determination of "sufficiency" has been made and the application is assigned a petition processing
number. An application for a variance will be considered "closed" when the petitioner withdraws the
subject application through written notice or ceases to supply necessary information to continue
processing or otherwise actively pursue the variance, for a period of six months. An application
deemed "closed" will not receive further processing and shall be withdrawn and an application
"closed" through inactivity shall be deemed withdrawn. The planning services department will notify
the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status
of a petition. An application deemed "closed" may be re- opened by submitting a new application,
repayment of all application fees and granting of a determination of "sufficiency ". Further review of the
request will be subject to the then current code.
1. Applicability. All applications for a variance whether submitted before or after June 26, 2003,
shall comply with the processing time procedures set forth in section I. above.
(Ord. No. 05 -27, § 3.DDD)
Supp. No. 3 LDC10:176
l Al a14 �
CONDITIONAL USES PROCEDURES
DRAFT ADMINISTRATIVE CODE TEXT
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 Administrative Procedures with Public Hearing- Conditional Use
C. Conditional Use
& Purpose: a conditional use is a use that requires special conditions in order to ensure that it is
compatible with other uses in the zoning district. Because they require special conditions, an
administrative process is established to provide for public review and input, and the
development of appropriate conditions.
Reference LDC 10.08.00; F.S. §
163.3202
Applicability Generally: A conditional
use permit is required if
the proposed use or
development is
designated as a
conditional use in the
applicable zoning district.
Conditional uses for
school or religious
purposes. A use that
was approved as part of
a preliminary subdivision
plat (formerly subdivision
master plan) or a
planned unit
development for schools,
religious or
eleemosynary uses is
exempt from this section.
These uses must comply
with LDC Division 3.3
(site development plan
approval) as applicable,
and all other zoning
requirements.
Eligible Applicants The Property Owner.
Conditional Use Procedure
Initiation
Sulfidency Rcvivw
Initiation The applicant files a written petition for conditional use approval files
an "Application For Public Hearing For:
Conditional Use" with the ZLDRZoning Department. The applicant
has the burden of proof to establish that it complies with standards
for approval. Therefore, the application must contain supporting
materials and documentation that establishes the basis for approval,
Page 152
Internal WIP Draft February 12, 2010
Collier County land Development Code I Administrative Procedures Manual
Chapter 3 / Administrative Procedures with Public Hearing - Conditional Use
with particular reference to the types of findings which the board of
zoning appeals must make (see standards for approval, below). The
petition must demonstrate that the proposed conditional use is
harmonious with the general intent and purpose of the LDC, is
consistent with the Growth Management Plan, is not injurious to the
neighborhood or to adjoining properties, and is not otherwise
detrimental to the public welfare.
Application Contents The application must include, at a minimum, the following
information:
1. Concept site development plans at an appropriate scale showing
the proposed placement of structures on the property, provisions
for ingress and egress, off - street parking and off - street loading
areas, refuse and service areas, and required yards and other
open spaces. The concept site development plan does not replace
the site development plan (SDP) required by Chapter 7.J, below.
The concept site development plan is a foundation for the SDP
process that occurs after the conditional use is approved.
1.2. Plans showing proposed locations for utilities.
2.3. Plans for screening and buffering with reference as to type,
dimensions, and character.
4. Proposed landscaping and provisions for trees protected by
County regulations.
5. Proposed signs and lighting, including type, dimensions, and
character.
3.6. Habitats and their boundaries identified on a current aerial
photograph of the property at a scale of at least 1" =400'. Habitat
identification shall be consistent with the Florida Department of
Transportation Land Use Cover and Forms Classification System
and shall be depicted on the aerial photograph. Information
obtained by ground - truthing surveys shall take precedence over
photographic evidence.
4.7. If the zoning district places additional requirements on the
requested use, include documentary evidence that those
requirements are met.
Page (53
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 / Administrative Procedures with Public Hearing - Conditional Use
Completeness5ufficiency ZLDRZoning Department will review the application for
Review completenesssufficiency. After submission of the completed
application packet accompanied with the required fee, the applicant
will receive a mailed response within ten (10) days notifying that the
petition is being processed. Accompanying that response will be a
receipt for your payment and the tracking number (e.g., CU- 03 -AR-
0001) assigned to the petition. This petition tracking number should
be noted on all future correspondence regarding the petition.
Pre - Application The applicant must attend a pre - application meeting before
submitting an application.
Notice 1. Mailed notice to property owners in notification area and
property owner -15 days before the Planning Commission hearing
2. Publication -15 days before each hearing
3. Sign (see format below) -15 days before the Planning
Commission hearing
PUBLIC HEARING REQUESTING CONDITIONAL USE APPROVAL
TO PERMIT: (Sufficiently clear to describe the project)
DATE:
TIME:
THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER
COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E.
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112
Public Hearing A public hearing is conducted by both the Planning Commission and
the Board of Zoning Appeals.
Decisionmaker The Board of Zoning Appeals, after a recommendation from the
Planning Commission.
Review Process 1. Application Status:
a. An application for a conditional use is considered "open" when
the determination of completenesssufficiency is been made
and the application is assigned a petition processing number.
b. An application for a conditional use is "closed" when the
petitioner withdraws the subject application through written
notice or ceases to supply necessary information to continue
Page 154
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 J Administrative Procedures with Public Hearing - Conditional Use
processing, or otherwise actively pursue the conditional use,
for a period of 6 months. The County will not continue to
process a "closed" application. The planning services
department will notify the applicant of closure by certified
mail, return receipt requested. However, failure to notify by
the county shall not eliminate the "closed" status of a petition.
c. An application deemed "closed" may be re- opened by
submitting a new application, repayment of all application fees
and granting of a determination of completenesssufficiency.
Further review of the request is subject to the then current
code.
2. Scheduling. The ZLDRZoning Department will submit the
application to the Planning Commission after it is deemed
complete. The assigned planner will place the application on the
Planning Commission's agenda. If the applicant also requests
rezoning, the County may process both petitions concurrently.
3. Burden of Proof. The applicant has the burden of proof to
establish that it complies with standards for approval. Therefore,
the application must contain supporting materials and
documentation that establishes the basis for approval, with
particular reference to the types of findings that the Planning
Commission and Board of Zoning Appeals must make (see Criteria,
below).
3.4. Planning Commission Action.
a. The Planning Commission will consider the application at a
public hearing.
b. The Planning Commission will recommend approval,
conditional approval, or denial of the application.
c. The Planning Commission will prepare a recommended
decision that includes Ondithgs of fact and conclusions of
lawksMwsi for consideration by the Board of Zoning Appeals.
The ZLDRZoning Department will submit these to the Board of
Zoning Appeals as a recommendation. These findings are not
binding on the Board of Zoning Appeals.
4.5. Board of Zoning Appeals Action on Planning Commission
Page 155
Internal WIP Draft February 12, 2010
Collier County land Development Code I Administrative Procedures Manua!
Chapter 3 J Administrative Procedures with Public Hearing- Conditional Use
Report:
a. After the Planning Commission submits its recommended
decision, the Board of Zoning Appeals will consider the
application at a public hearing.
b. The Board of Zoning Appeals will approve, approve with
conditions, or deny the application by resolution.
c. The approval of a conditional use petition requires 4
affirmative votes.
d. The Board of Zoning Appeals may choose to reopen the public
hearing, to reopen the hearing to consider new evidence that
was not available at the Planning Commission's hearing, or to
make its decision solely on the Planning Commission's record.
Criteria The Board of Zoning Appeals shall not approve a conditional use
unless it finds that:
2. The use will not adversely affect the public interest; and
2. The application complies with all specific requirements that
govern the requested use; and
3. application and that, further, satisfactory provision and
arrangement has been made concerning the following matters,
where applicable; and
4.3. The proposed use and development is consistent with this Code
and growth management plan; and
5.4. The proposed development satisfactorily provides for ingress
and egress to the property and proposed structures, with
reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire
or catastrophe; and
6.5. The proposed use and development has adequately mitigated
any effect it would have on neighboring properties in relation to
noise, glare, economic or odor effects.
7.6. The proposed use and development is compatible with adjacent
Page 156
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 1 Administrative Procedures with Public Hearing - Conditional Use
properties and other property in the district.
8.7. The proposed use and development identifies, protects,
conserves, and appropriately uses native vegetative
communities and wildlife habitat.
The Board of Zoning Appeals may attached conditions and safeguards,
which may include the number, area, location, or relation to the
neighborhood, or conditions that promote the public health, safety,
welfare, morals, order, comfort, convenience, appearance, or the
general welfare.
Timing There is no fixed time limit for rendering a conditional use permit
decision. However, the Board of Zoning Appeals will render a decision
within a reasonable period of time given the complexity of the
evidence, its caseload, and any other relevant considerations.
Scope of Decision 1. Subsequent Approvals. A conditional use approval does not
authorize development. After the approval occurs, the applicant
must prepare a final site development plan (SDP) as provided in
Chapter 3_K. The SDP must be consistent with all conditions of
the conditional use approval.
2. Expiration:
a. A conditional use expires unless it is commenced within 3
years from the date it is approved.
b. A conditional use expires 1 year after it is discontinued, unless
the site is improved and /or structures are built for the
approved conditional uses and improvements or structures
cannot be converted to a use permitted by the underlying
zoning designation of the site.
c. The Board of Zoning Appeals may grant a maximum of one 1-
year extension of an approved conditional use if the petitioner
files a written request.
3. Changes and amendments.
a. The ZLDRZoning Department may approve minor changes in
the location, siting, or height of buildings, structures, and
improvements authorized by the conditional use.
Page 157
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 j Administrative Procedures with Public Hearing - Conditional Use
b. An additional use or any expansion of permitted uses not
shown on the conceptual site development plan or otherwise
specifically provided for in the resolution approving the
conditional use requires the submission, review and approval
of a new conditional use application.
Improvement Plans. The Applicant must provide improvement plans
as provided in the subdivision procedures (Chapter 9!C) (10.02.05 E).
Reapplication There are no restrictions on reapplication for a conditional use
approval.
Recording The applicant must maintain a copy of the approved application on
the premises.
Monitoring 1. If the conditional use was approved with stipulations, the 00ard of
Zoning Appeals will review the Conditional Use to determine
whether the applicant had met the conditions of approval or
whether additional stipulations are necessary. ksmwIioiThe Board of
Zoning Appeals will establish a date for reviewing the stipulations
or conditions. The applicant must submit required documents
addressing the stipulations no later than six (6) months prior to
the date mandated by the Board of County Commissioners. �f the
Board of zoning Appeals fails to set a date for review, the
applicant must;submit the documents within 1 year after the date
of approvaWWAlj.
2. The applicant must submit the following documents:
• Review fee in accordance with current fee schedule
• Addressing Checklist
• Eight (8) copies of Letter describing request
• Eight (8) copies of all documents necessary to address the
conditions or stipulations
3. The ZLDRZoning Department will review the documents and
submit a recommendation to the Board of Zoning Appeals. The
Board of Zoning Appeals will review the recommendations at a
public hearing, and will provide notice by �publlcatio+Mwizi 15
days before the hearing. The Board of Zoning Appeals may
approve the recommendations with or without additional
conditions or stipulations. The applicant may attend the hearing
Page 158
Internal WIP Draft February 12, 2010
Collier County Land Development Code I Administrative Procedures Manual
Chapter 3 Administrative Procedures with Public Nearing- Conditional Use
and provide evidence. ZLDRZoning Department will formally
notify the applicant of the Board's decision.
Page 159
Internal WIP Draft February 12, 2010
Memorandum
To: Development Services Advisory Board Members (DSAC)
From: Growth Management Division /Planning & Regulation Section
Date: May 26, 2010
Subject: Growth Management Fee Schedule — Resolution 2010 -013
This is a Recommendation for the Board of County Commissioners (BCC) to revise the Growth
Management /Planning & Regulation Fee Schedule.
Below are the recommended changes to be adopted:
Section (F) Site Development Plans
7) Utility Plan Review & Inspection Fees -
b. Construction Inspection. 2.25% of probable water and/or sewer construction costs. FM
8) Engineering Site Plan Review Fee
b. Construction Inspection 2.25% of probable Paving, Grading, Drainage, Lighting, Code
Minimum Landscaping, and any other appurtenant cost of construction. Fifty_percent of the
Inspection fee will be collected at time of application submittal. The remaining amount will
be due at the pre - construction meeting. No construction shall take place until the fee is paid in
full. Fees are considered to be non - refundable after payment is received.
Section (G) Subdivision
2) Subdivision Review Fees (PPL), (PPLA) -
b) Subdivision Inspection Fee 2.25% of probable Paving, Grading, Drainage, Lighting, Code
Minimum Landscaping, and any other appurtenant cost of construction. Fifty percent of the
Inspection fee will be collected at time of application submittal. The remaining amount will
be due at the pre- construction meeting. No construction shall take place until the fee is paid in
full, Fees are considered to be non - refundable after payment is received.
9) Water and Sewer Facilities Construction Inspection Fee 2.25% of probable water and/or sewer
construction costs. Fifty percent of the Inspection fee will be collected at time of application
submittal. The remaining amount will be due at the pre- construction meeting. No construction
shall take place until the fee is paid in full. Fees are .considered to be non - refundable after pg3ment
is received..
K) ZONING /LAND USE PETITIONS
35) Planned Unit Development (PUD) closeout application and processing $2,500.00
Growth Management Division
Planning & Regulation
L) MISCELLANEOUS
20) Engineering Services
a. Vacation of Easements: $2.0004 x$2,000
EE) FAILURE TO OBTAIN A PERMIT
1) Where work for which a permit is required is started or proceeded with prior to obtaining said permit and
where such action was cited by Code Enforcement or by Contractor Licensing and resulted in a finding of
violation from either the Code Enforcement Board, the Special Magistrate, or the Contractor Licensing
Board, the fees herein specified shall be -4*- 2x the
regular fee, as defined in this fee schedule, unless otherwise directed by the Board of County
Commissioners.
2) Where work for which a permit is required is started or proceeded with prior to obtaining said permit and
where a contractor or agent/provider where the building official or zoning director, or his/her deli tg lee, (for
cases involving land use development) deems that the contractor /provider should have known that a permit
was required but voluntary seeks compliance by obtaining the necessary permits to abate the violation, the
fees herein specified shall be 2x the regular fee, as defined in this fee schedule.
3-4) Where work for which a permit is required is started or proceeded with prior to obtaining said permit, and
where the unpermitted work may or may not have been was completed, by the propeM owner by otbef —or
and where the current owners seeks
voluntary compliance by obtaining said permit to assure compliance with all applicable codes, the fees will
be assessed at the regular rate as defined in this fee schedule.
4.4) The payment of such fee shall not relieve any person from fully complying with the requirements of any
applicable construction code or ordinance in the execution of the work, or from any penalty prescribed
within any construction code, law or ordinance of Collier County.
5) The fees within section EE shall not be applicable for the re- issuance of any missing permit, missies
certificate of occupancy, or missing certificate of completion that was presumed to be issued prior to April
30, 1997, upon the verification of such items presented by the property_ owner, or his/her designee, to the
building official, or his/her designee; but shall be applicable for all reviews requiring inspection, review of
plans, and all other applicable fees associated with the issuance of said permit( certificate of occupancy
or certificate of completion, as determined by the building official, or his/her designee, in addition to the
zoning director, or his/her designee cases involving land use development), as defined within this fee
schedule.
Growth Management Division
Planning & Regulation