DSAC Agenda 09/05/2012DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
September 5, 2012
3:00 p.m.
Conference Room 610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts
the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and
hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the
Chairman, and speak into a microphone. State your name and affiliation before commenting. During
discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room
to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules
of Order, and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the
Hearing Reporter can record all statements being made.
I. Call to Order - Chairman
II. Approval of Agenda
III. Approval of Minutes from August 8, 2012 Meeting
IV. Public Speakers
V. Staff Announcements /Updates
A. Public Utilities Division Update — (Nathan Beals]
B. Fire Review Update — [Ed Riley]
C. Growth Management Division /Transportation Engineering — [Jay Ahmad or Reed Jarvi]
D. Growth Management Division /Planning & Regulation Update — [Jamie French]
VII. New Business
VIII. Old Business
A. Transportation Corridor Preservation Ordinance (changes to discuss) [Reed Jarvi]
IX. Committee Member Comments
X. Adjourn
Next Meeting Dates
October 3, 2012 GMD Conference Room 610 — 3:00 pm
November 7, 2012 GMD Conference Room 610 — 3:00 pm
December 5, 2012 GMD Conference Room 610 — 3:00 pm
January 2, 2013 GMD Conference Room 610 — 3:00 pm
February 6, 2013 GMD Conference Room 610 - 3:00 pm
August 8, 2012
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, August 8, 2012
LET IT BE REMEMBERED, the Collier County Development Services Advisory
Committee in and for the County of Collier, having conducted business herein, met on
this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth
Management Division Building, Conference Room #609/610, 2800 N. Horseshoe
Drive, Naples, Florida, with the following members present:
Chairman: William J. Varian
Vice Chairman: David Dunnavant
James E. Boughton
Dalas Disney
Marco Espinar
Blair Foley
Chris Mitchell
Mario Valle
Laura Spurgeon DeJohn
George H. Hermanson
Ron Waldrop
Stan Chrzanowski
(Vacancy)
Excused: Robert Mulhere
Clay Brooker
ALSO PRESENT: Nick Casalanguida, Administrator, Growth Management Division
Jamie French, Director, Operations & Regulatory Management
Judy Puig, Operations Analyst, Staff Liaison
Reed Jarvi, Manager, Transportation Planning
Nathan Beals, Project Manager, Public Utilities
Caroline Cilek, M.S., Senior Planner, LDC Coordinator
Jack McKenna, Senior Engineer
Bob Salvaggio, Assistant Fire Code Official
Steven Lenberger, Sr. Environmental Specialist
Bill Lorenz, Natural Resources Dept. Director
August 8, 2012
I. Call to Order - Chairman
Chairman Varian called the meeting to order at 3:03pm
II. Approval of Agenda
Mr. Espinar moved to approve the Agenda. Second by Mr. Boughton. Carried unanimously
11 -0.
III. Approval of Minutes from July 11, 2012 Meeting
Ms. Dejohn moved to approve the minutes of the July 11, 2012 meeting as presented. Second
by Mr. Dunnavant. Carried unanimously 11- 0.
IV. DSAC Positions
Stan Chrzanowski was welcomed as a new member of the Committee.
V. Public Speakers
None
VI. Staff Announcements/Updates
A. Public Utilities Division Update — [Nathan Beals]
Mr. Beals reported Staff and consultants are in the process of reviewing the County's
requirements for sizing of water meters. He anticipates a report will be presented to the
Committee at the November meeting.
B. Fire Review Update — [Ed Riley.
The Committee reviewed the documents "Office of the Fire Code Official — Summary of
Plan Review Activity — June -] 2 " and "Fire Plan Review — Time Frame Summary, June —
12. "
Committee discussion occurred on the rationale for only 62 percent of applications submitted
approved on the first review.
Bob Salvaggio, Assistant Fire Code Official reported the rate was due mainly to the
inferior quality of plans submitted for review.
C. Growth Management Division /Transportation Engineering — [Jay Ahmad]
Reed Jarvi was present and reported:
• Oil Well Road Improvement Projec t — The eastern section has been opened, with the
western portion scheduled to open in the near future.
• Davis Boulevard /Collier Boulevard Improvement Project - continuing on schedule.
• Corridor Protection Plan — Staff continues to develop the Plan and will present it to
the Committee for review at a future meeting.
• Master Mobility Plan — Staff /Consultants continues to develop the Plan
• Proposed 1 -75 interchange Everglades Boulevard area - Staff continues to monitor
developments.
D. Growth Management Division/Planning & Regulation Update — [Jamie French]
2
August 8, 2012
Jamie French submitted the "July 12 Monthly Statistics" and outlined recent building plan
review activities. The following was noted during his report:
• Staff will add a statistic to the Report identifying the total construction value for
reporting periods.
• Staff continues to address FEMA inquiries and avenues to insure the costs are not a
burden to the Division.
• Staff continues to undertake the necessary steps to implement an electronic permit
application filing system with the goal of reducing demand for walk in services.
Some Committee members expressed concern with various components of the CityView
portal (the software system utilized for electronic plan review).
Mr. French recommended interested members of the Committee meet with Staff and review
the procedures so he may address any issues raised. In order to facilitate the review, he
requested the members submit comments or questions in advance of the meeting.
VII. New Business
DSAC Floodplain Regulation Review Subcommittee
Bill Lorenz and Jack McKenna appeared before the Committee requesting a Subcommittee be
formed to assist Staff with their detailed review of floodplain regulations as they relate to the
Flood Prevention Ordinance and Land Development Code. The review is necessary to determine
proposed requirements for construction of buildings within the floodplain given the recently
adopted FEMA flood zone designations within the County.
Discussion occurred on:
• The duties and responsibilities of the Subcommittee.
• The history of DSAC's previous involvement (and requested "non involvement ") in
the area of floodplain management.
Staff noted the purpose would be to provide technical input to County Staff for any proposed
policies and regulations.
Mr. Chrzanowski moved for the Development Services Advisory Committee to form a
Subcommittee for the purposes of reviewing floodplain management and County regulations
for construction in the floodplain. Second by Mr. Foley. Motion carried 10 "yes" -1 "no."
Mr. Disney voted "no. "
Mr. Disney reported his "no vote" was not based on Staffs request, rather the County's past
history with DSAC in addressingFloodplain management.
The Committee reached consensus on appointing Stan Chrzanowski, Chris Mitchell and Blair
Foley to the Subcommittee.
Mr. Valle arrived at 4: OSpm
VIII. Old Business
August 8, 2012
A. LDC Amendment updates [Caroline Cilek]
Caroline Cilek and Stephen Lenberger presented the following proposed Land
Development Code Amendments for consideration:
LDC SECTION(S): 10.02.04 Submittal Requirements for Plats
CHANGE: Currently, a developer has the option of submitting a Preliminary Subdivision
Plat or a Final Plat. Most often, applicants prepare a Final Plat for review by the County.
The Preliminary Subdivision Plat option is utilized when the division of land is more
complicated, such as incorporating easements or environmentally sensitive lands. Following
a Preliminary Subdivision Plat approval, the applicant proceeds to a Final Plat application.
The LDC allows for one site development plan (SDP) to be submitted concurrently with the
second review of the Final Plat. The amendment proposes to remove the limitation of
submitting one SDP and allow more than one SDP to be submitted concurrently with the
second review of the Final Plat. The proposed multi -step process is as follows:
1) Applicant submits the Final Plat to Collier County for approval.
2) Collier County Staff provide the first set of review comments on the Final Plat.
3) Applicant submits responses to staff's first set of review comments on the Final Plat
and submits one or more site development plans(s).
Mr. Dunnavant moved to recommend the Board of County Commissioners adopt the
proposed Land Development Code Amendment. Second by Mr. Waldrop. Carried
unanimously 12 — 0.
Mr. Dunnavant left at 4: 1Opm
LDC SECTION(S): 3.05.02 Exemptions from Requirements for Vegetation Protection
and Preservation 3.05.05 Criteria for Removal of Protected Vegetation
CHANGE: Revise exemption and permitting requirements for mangroves, for consistency
with State law.
REASON: Under Section 403.9321, F.S. et seq, the County may not regulate trimming and
alteration of mangroves per Section 403.9324, F.S., unless permitting has been delegated to
the County from the State.
Committee discussion occurred on the requirements proposed for Section 3.05.05.G.2.b.
Members noted there are instances where trimming is required for vegetation located within
a preserve, however, has vegetation which overhangs outside the preserve area, jeopardizing
the integrity of approved uses located outside the preserve.
Mr. Valle moved to recommend the Board of County Commissioners adopt the proposed
Land Development Code Amendment subject to the following change:
El
August 8, 2012
1. Section 3.05.05.G.2.b to read - "the mangroves are impacted by a use allowed within
preserves or impact an allowed use outside the preserve pursuant to Subsection 3.05.07.1-1 or by
PUD Ordinance, or (or similar language).
Second by Mr. Espinar. Carried unanimously 11— 0.
LDC SECTIONN: 4.05.02 Design Standards - 4.05.04 Parking Space Requirements
CHANGE: This amendment proposes to remove the 200 parking space threshold for public
parks and similar private recreational facilities, such as ball fields, playgrounds, and privately
owned neighborhood parks and allow these facilities to utilize grass parking for up to seventy
(70 %) percent of the off - street parking requirement. Consistent with the current Code, the
grass parking areas will be compacted, stabilized, well drained and surfaced with a durable
grass cover. Driveways, handicapped spaces and access aisles will be paved.
The amendment also seeks to consolidate all grass parking provisions into Section 4.05.02 -
Design Standards. It is proposed that the existing provision in Section 4.05.04 - Parking
Space Requirements is removed and relocated to Section 4.05.02.
REASON: Public parks and similar private recreational facilities are designed to
accommodate seasonal parking needs, peak time parking needs and parking for large events.
This results in unused parking spaces the majority of the time. This type of usage presents an
opportunity to employ a cost effective and low impact design strategy.
Discussion occurred on the proposed wording in Section 4.05.0213. La.iv with Committee
members noting the language is "redundant" as consultants, when submitting development
applications provide similar opinions.
Mr. Hermanson moved to recommend the Board of County Commissioners adopt the
proposed Land Development Code Amendment subject to:
1. Deleting Section 4.05.0213. l .a.iv - (In the written opinion of the applicant's engineer, the
grass parking spaces will not have an adverse affect on the health, safety, and welfare of
the citizens of Collier County)."
2. Section 4.05.02B.1.b — line 5 revised from "...parking spaces with paved parking
spaces..." to "parking spaces with improved parking spaces..."
Second by Mr. Valle. Carried unanimously 11— 0.
IX. Committee Member Comments
None
X. Adjourn
Next Meeting Dates
September 5, 2012 GMD Conference Room 610 — 3:00 pm
October 3, 2012 GMD Conference Room 610 — 3:00 pm
November 7, 2012 GMD Conference Room 610 — 3:00 pm
December 5, 2012 GMD Conference Room 610 —3:00 pm
August 8, 2012
There being no further business for the good of the County, the meeting was adjourned by the
order of the Chair at 4:27 PM.
COLLIER COUNTY DEVELOPMENT
SERVICES ADVISORY COMMITTEE
Chairman, William Varian
These Minutes were approved by the Board/Chairman on
as presented , or as amended
IN
Office of the Fire Code Official
Summary of Plan Review Activity
July -12
Architectural Reviews
Sprinkler Reviews
Underground Reviews
Fuel & LP Gas Reviews
Hoods & FSUP Reviews
Alarm Reviews
SDP Reviews
Total # of Plans Reviewed
Number of Work Days
Average # of Plans Reviewed per Day
ASAP Reviews per Building Department:
Total # of ASAP Reviews':
Total ASAP Reviews per Day
'Overtime Reviews are not included in this figure
Scheduled Meetings /Hours:
Total Overtime Hours for the Fire Code Office
'Overtime Hours Reimbursed by Contractors
Training Room Usage Summary
Meetings:
Subject
07/10/12 ENFD Board Mtg Monthly Meeting
07/16/12 CBIA Special meeting
07/26/12 CCFMA Bi- monthly meeting
Classes:
Subject
07/25/12 FFSA/NFSA Sprinkler Class
Ed:
Bob:
Jackie:
Ricco:
Maggie:
627
57
6
8
10
58
47
813
21
39
2 Architectural per County
33 AC Change Outs
11 Low Voltage
1 Fire Sprinkler
47
2
36.5 Hrs.
35.5 Hrs.
3.58 Hrs.
41.91 Hrs.
1.2 Hrs.
13
18 ( 8 Reviews)
# of Hours # of Participants
2 20
1.5 17
1 15
# of Hours # of Participants
2 48
In addition to the above - mentioned tasks, The Fire Code Official's Office fields
numerous phone calls, walk -ins, field inspections and impromptu meetings.
Office of the Fire Code Official
2700 N. Horseshoe Dr.
Naples, FL 34104
Fire Plan Review - Time Frame Summary
July -12
Number Number Average # of 1st % of 1st Percentages
of of Time in Reviews Reviews Within Time
Reviews Days Days Approved Approved Frames
Architectural Reviews
Total
627
2420
3.86
1st Review
388
2105
5.43
267
69%
99/10 Days
11 Day Max
2nd Review
181
239
1.32
98/3 Days
3rd Review
52
65
1.25
96/3 Days
4th Review
6
11
1.83
100/3 Days
Total 2-1 Reviews
239
315
1.32
9813 Days
6 Day Max
Fire Sprinkler Reviews
Total
57
256
4.49
1st Review
33
197
5.97
22
67%
97/10 Days
12 Day Max
2nd Review
18
46
2.56
72/3 Days
3rd Review
5
12
2.40
80/3 Days
4th Review
1
1
1.00
100/3 Days
Total 2.4 Reviews
24
59
2.46
76/3 Days
4 Day Max
Underground Reviews
Total
6
42
7.00
1 at Review
5
40
8.00
2
40%
100110 Days
10 Day Max
2nd Review
1
2
2.00
100/3 Days
Total 2nd Review
1
2
2.00
100/3 Days
2 Day Max
Fuel & LP Gas Reviews
8
26
3.13
Total
1st Review
6
23
3.83
3
60%
100/10 Days
6 Day Max
2nd Review
2
2
1.00
100/3 Days
Total 2nd Review
2
2
1.00
100/3 Days
1 Day Max
Hood & FSUP Reviews
10
32
3.20
Total
1st Review
7
28
4.00
5
71%
86110 Days
11 Day Max
2nd Review
3
4
1.33
100/3 Days
Total 2nd Review
3
4
1.33
100/3 Days
2 Day Max
Fire Alarm Reviews
58
136
2.34
Total
1st Review
37
102
2.76
28
76%
100/10 Days
5 Day Max
2nd Review
10
10
1.00
100/3 Days
4th Review
11
24
2.18
64/3 Days
Total 2-4 Reviews
21
34
1.62
81/3 Days
4 Day Max
Summary
1st Review
476
2495
6.24
327
69%
99/10 Days
Corrections
290
416
1.43
94/3 Days
Overall Totals
766
2911
3.80
Office of the Fire Code Official
2700 N, Horseshoe Dr,
Naples, FL 34104
ORDINANCE NO. 2012-
AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY
TRANSPORTATION CORRIDOR PRESERVATION PLAN ORDINANCE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR INTENT AND PURPOSE;
PROVIDING FOR APPLICABILITY, PROVIDING FOR PROCEDURES;
PROVIDING FOR DENSITY AND INTENSITY OF DEVELOPMENT ON
TRANSPORTATION CORRIDORS; PROVIDING FORADOPTIONAND UPDATES
OF TRANSPORTATION CORRIDOR PLANS; PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR CONSTRUCTION; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Collier County has studied the transportation needs of the County; and
WHEREAS, Collier County periodically updates the Long Range Transportation Plan to
assure county -wide mobility through the development of the transportation system; and
WHEREAS, it is in the best interests of the public and citizens of the County to anticipate
future needs where existing right -of -way (ROW) is not adequate or where roads have not yet
been constructed or developed to the full proposed extent as shown on the Metropolitan Planning
Organization's (MPO) currently adopted Long Range Transportation (Needs) Plan (LRTP), or
other Collier County Board of County Commissioners (Board) approved studies that determine
the County's mobility needs at build -out, in order to establish harmonious, orderly, efficient
development of the County and ensure a safe and efficient transportation system; and
WHEREAS, the management and preservation of future transportation corridors is
necessary to implement coordinated land use and transportation planning, to provide for future
planned growth, to secure a County transportation system that is adequate to meet future needs,
and to assist in satisfying the transportation concurrency requirements of the County; and
WHEREAS, future corridors and areas along existing rights -of -way should be preserved
and should limit permanent encroachment consistent with the long -range transportation plans for
the development of the County; and
WHEREAS, owners of land that is located in or adjacent to existing rights -of -way or
future rights -of -way should receive notification, information and the opportunity to coordinate a
smart approach to land development; and
WHEREAS, adoption of this Ordinance implements the goals, objectives and policies of
the Collier County Growth Management Plan; and
WHEREAS, the management of the County's Transportation Corridors helps to facilitate
land use development in the County that is planned and coordinated in consideration of the needs
of the County for the development of future Transportation Corridors.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA, that:
SECTION ONE: DEFINITIONS.
A. Development Permit shall mean any order, permit, determination, or action granting or
denying an application for any final local development order, building permit, temporary use
permit, temporary construction and development permit, construction approval for
infrastructure, approved development of regional impact, zoning ordinance amendment, site
development plan approval, subdivision approval, rezoning, PUD amendment, conditional
use, variance, or any other official action of Collier County having the effect of permitting
development as defined in the Collier County Land Development Code.
B. Development Site shall mean the total area of the lot, tract or parcel which is the subject of
an application for a Development Permit.
C. Interim Use shall mean a use of the land in County -owned ROW easement located within a
Transportation Corridor prior to the date of een eyanee of such land needs to be utilized by
the County
AA
D. LRTP shall mean the Long Range Transportation Needs Plan adopted from time to time by
the Collier County Metropolitan Planning Organization that identifies transportation
improvements and services that are needed to 'serve Collier County over the next twenty -five
year horizon. The Long Range Transportation Plan is a multi -modal plan addressing
different types of travel including automobile, trucks, bus, air, bicycling and walking.
E. Planned Corridor shall mean Transportation Corridors shown in the adopted LRTP, or other
Board approved studies that determine the County's mobility needs at build -out, that are
funded in part or not funded.
F. Protected Corridor shall mean Transportation Corridors on projects at 60% or greater design
completion that are funded for ROW acquisition and /or construction within the Five Year
Work Program and adopted in the Five Year Capital Improvement Element (CIE).
G. ROW shall mean road rights -of -way being a portion of land publicly owned and held in
easement or fee simple, over which roadways, sidewalks, utilities, drainage, slopes or other
auxiliary services may be constructed.
H. Transportation Corridor shall mean all mobility corridors that provide for the conveyance of
vehicles or people as shown on Collier County's LRTP as defined herein, or other Board
approved studies that determine the County's, mobility needs at build -out, or Five Year Work
Program, including but not limited to: roadway; rail network; bicycle lane; sidewalk; multi-
use pathway; greenway; transit facility; and easement area(s) required for the full
functionality of the corridor.
SECTION TWO: INTENT AND PURPOSE.
A. The intent of this Ordinance is:
1. To inform owners of property located within a Planned Corridor of the anticipated
future impacts prior to the issuance of a Development Permit,
2. to provide for property owner notification and provide owners with the mechanism to
work with the county to avoid conflict(s) between Transportation Corridors and the
Development Site,
3. to coordinate the full development of Protected Corridors,
4. to promote orderly growth while meeting concurrency requirements, and
5. to maintain the integrity of all Transportation Corridors for mobility purposes.
B. The adoption of this Ordinance is necessary in order to manage, preserve, and provide for
Transportation Corridors to meet the mobility needs of growth projected in the Growth
Management Plan, or in other Board approved studies that determine the County's mobility
needs at build -out, and to coordinate land use and transportation planning. These corridors
are part of a network of transportation facilities and systems that provide mobility between,
and access to, businesses, homes and other land uses throughout the jurisdiction, the region,
3
and the State. The Board of County Commissioners recognizes that the provision of an
adequate transportation network is an essential public service. The plans for Collier County's
transportation network is described in the County Growth Management Plan, LRTP, and in
other Board approved studies that determine the County's mobility needs at build -out. The
plans are implemented through a capital improvements program, other policies and
procedures, and thorough regulations on land use and development as well as regulations to
preserve the corridors and rights -of -way for the transportation network. The purpose of this
Ordinance is to foster and preserve public health, safety, comfort, and welfare and to aid in
the harmonious, orderly, and beneficial development of the County in accordance with the
County's future transportation network and mobility plans.
C. Providing arterial and other roads and related facilities to make them more safe and efficient,
in conjunction with a plan for the control of traffic, is the recognized responsibility of the
County, in accordance with Sections 125.01 (1), (m) and (w), Florida Statutes, and is in the
best interest of the public health, safety, welfare, and convenience.
"Section 125.01 Florida Statutes
(1) The legislative and governing body of a county shall have the power to carry
on county government. To the extent not inconsistent with general or special law,
this power includes, but is not restricted to, the power to:...
... (m) Provide and regulate ,arterial toll, and other roads, bridges, tunnels, and
related facilities; eliminate grade crossings; regulate the placement of signs,
lights, and other structures within the right -of -way limits of the county road
system; provide and regulate parking facilities; and develop and enforce plans for
the control of traffic and parking. Revenues derived from the operation of toll
roads, bridges, tunnels, and related facilities may, after provision has been made
for the payment of operation and maintenance expenses of such toll facilities and
any debt service on indebtedness incurred with respect thereto, be utilized for the
payment of costs related to any other transportation facilities within the county,
including the purchase of rights -of -way; the construction, reconstruction,
operation, maintenance, and repair of such transportation facilities; and the
payment of indebtedness incurred with respect to such transportation facilities...
... (w) Perform any other acts not inconsistent with law, which acts are in the
common interest of the people of the county, and exercise all powers and
privileges not specifically prohibited by law. "
D. Implementing methods of ensuring adequate transportation facilities to accommodate the
citizenry of Collier County now and in the future is the responsibility of the County in order
to carry out the Traffic Circulation Element of its Growth Management Plan under Section
163.3161, Florida Statutes, subparagraph (3) shown below, and is in the best interest of
public health, safety, welfare, and convenience.
"Section 163.3161, Florida Statutes
N
(3) It is the intent of this act that its adoption is necessary so that local governments
can preserve and enhance present advantages; encourage the most appropriate use
of land, water, and resources, consistent with the public interest; overcome present
handicaps; and deal effectively with future problems that may resultfrom the use and
development of land within their jurisdictions. Through the process of comprehensive
planning, it is intended that units of local government can preserve, promote, protect,
and improve the public health, safety, comfort, good order, appearance, convenience,
law enforcement and fire prevention, and general welfare; prevent the overcrowding
of land and avoid undue concentration of population; facilitate the adequate and
efficient provision of transportation, water, sewerage, schools, parks, recreational
facilities, housing, and other requirements and services; and conserve, develop,
utilize, and protect natural resources within their jurisdictions. "
E. This Ordinance imposes necessary development regulations and procedures on applications
for Development Permits for land located within Protected Corridors in order to ensure the
availability of land within the Protected Corridor to meet the transportation needs of the
County as shown in the Five Year Work Program, and to promote the public health, safety,
welfare and convenience of the County and it citizens.
F. This Ordinance is intended to preserve Protected Corridors by limiting encroachments of
structures or other development in Protected Corridors, and to inform owners of property
located within all Transportation Corridors prior to the issuance of a Development Permit.
SECTION THREE: APPLICABILITY.
This Ordinance shall apply to all development on land within the jurisdiction of the County located
within Transportation Corridors shown on the LRTP, any other Board approved studies that
determine the need at build -out or the Five Year Work Program. If all or any portion of a proposed
development, or a development for which a Development Permit is required, is located within a
Transportation Corridor, the provisions of this section shall apply.
SECTION FOUR: PROCEDURES.
A. Development within Protected Corridors:
1. All applications for Development Permits shall show the location of any Protected
Corridor which is located on any portion of the Development Site or project or on
any portion of the land which is the subject of the application.
2. Subject to A.6 below, on both residential and commercial property, the set -backs for
new construction shall be measured from the future ROW line shown on the 60% or
greater design plans of the Protected Corridor.
3. Development shall follow current Land Development Codes and site specific
resolutions and ordinances to determine permitted, interim uses and/or improvements
allowed within the anticipated future ROW.
4. All applications shall be reviewed by the County Manager or his designee to
determine whether any portion of the proposed project is within a Protected Corridor.
5. Approval of Development Permits shall include findings regarding the potential
impact of the proposed project on the Protected Corridor.
6. Development requiring no change in zoning may be paid the current market value for
the conveyance to County of the needed ROW based upon a valid appraisal, subject
to available funding. If no funding is available, the County shall not require the
preservation of the land needed for the Transportation Corridor, but shall work with
the property owner /developer to encourage site planning and utilization that preserves
and limits encroachment into the future ROW to the greatest extent possible.
B. Development within Planned Corridors:
1. All applications for Development Permits shall be flagged for notification if the
location of a Transportation Corridor is located on any portion of the Development
Site or project or on any portion of the land which is the subject of the application.
2. In response to the application and by written notification, the County shall:
a. Inform the property owner /developer of the Planned Corridor and provide an
estimate of the location and area of the land needed to construct the planned
improvements.
b. Request a meeting with the owner /developer to discuss possible future
impacts to the owner's property and to encourage site planning and utilization
that preserves the future ROW to the greatest extent possible.
c. Document any plans discussed to preserve future ROW and minimize
potential impacts to the owner's property.
d. If funding is available, the County may offer to purchase the future ROW at
the current market value based upon a valid appraisal obtained by the County.
SECTION FIVE: DENSITY AND INTENSITY OF DEVELOPMENT ON TRANSPORTATION
CORRIDORS.
A. The gross density and intensity of development of a Development Site, any portion of which
is within a Transportation Corridor, shall be the gross density permitted in accordance with
the underlying future land use district: However, when ROW is conveyed as an easement,
such density and intensity mayshall be transferred from the portion of the Development Site
within a Transportation Corridor to portions of the Development Site that are located outside
of the Transportation Corridor, either through clustering or density credit. SuehWhen ROW
is conveyed in fee simple, any transfer of density and intensity shall heevedrequire
approval by the Board of County Commissioners and may result in a greater net density on
the portion of the Development Site that is not located within the Transportation Corridor
than would be permitted by the underlying zoning district, but the total gross density of the
project site shall in no event exceed the density that would be allowed on the Development
Site had no portion of the Development Site been located within a Transportation Corridor.
This section is not intended to grant approval to the location of development in
environmentally sensitive or otherwise protected lands within the Development Site.
SECTION SIX: USES.
A. The uses !andOnce the County purchases a ROW easement located within a
Transportation Corridor, the underlying propegy owner of that easement shall be permitted to
those uses listed in sections B or C, below, provided that such use would be permitted on the
Development Site by the underlying zoning district. The purpose of this section is to allow
certain uses for a limited period of time within portions of a Development Site that are
located within a county owned easement on a Transportation Corridor in order to permit the
property owner to make economic use of the property until such time as the land within the
Transportation Corridor is to be utilized by the County.
B. The uses designated in this Section B, which are directly related to the primary use of the
development, may be allowed on an interim basis.
Permitted Interim Uses:
(a) Stormwater retention or detention facilities to serve the development.
(b) Parking areas to serve the development.
(c) Entry features for the development such as signage, architectural features,
fountains, walls, and the like.
(d) Temporary sales or lease offices for the development.
2. The following conditions shall apply to the approval of interim uses specified in
Section B:
(a) As a condition of preliminary or final development approval, the applicant
agrees to relocate the uses elsewhere on the Development Site, at the time e
aequisition by or dediea4e no cost to the County. A development agreement
shall specify the terms and conditions, including timing, of the relocation
required by this section.
(b) Areas for relocation shall be identified on the development plans submitted
with the development permit application and shall be reserved for that
purpose.
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(d) The stormwater retention or detention facility may, at the discretion of the
County, be incorporated into the design of the future transportation facility
retention facilities subject to permitting by State agencies. Should this option
be agreed to by the County, the developer need not relocate the stormwater
retention or detention facility.
C. The following interim uses, not neee ynecessarily directly related to the principal use of
the site, may be allowed within the Transportation Corridor on an interim basis prior to the
,wide,,*,, of aequisition-efigilization of the land by County.
Other Permitted Interim Uses.
(a) In residential zones:
1. Recreational facilities such as playgrounds, ball fields, outdoor
courts, exercise trails, walking paths, bridal paths, and similar outdoor
recreational uses;
2. Produce stands, produce markets, farmers markets, and the like;
3. Agricultural uses, such as pasture, crop lands, tree farms, orchards,
and the like, but not including stables, dairy barns, poultry houses,
and the like; and
4. Landscaping.
(b) In commercial zones:
1. Uses such as boat shows, automobile shows, RV shows, "tent" sales,
and the like if apermit is obtained;
2. Periodic events such as festivals, carnivals, community fairs, and the
like if a permit is obtained;
3. Plant nurseries and landscape material yards, excluding permanent
structures;
4. Storage yards for equipment, machinery, and supplies for building
and trade contractors, and similar outdoor storage;
5. Outdoor advertising;
6. Golf driving ranges;
7. RV or boat storage yards; and
8. All of the uses permitted under Subsection C.1(a) above.
(c) Interim uses permitted under this subsection C. l shall only be permitted in a
specified district if such use is permitted by the underlying zoning district.
2. The following conditions shall apply to interim uses specified in Subsection C.1:
(a) As a condition of approval of a development permit, the applicant agrees to
discontinue the interim uses by a specified date or upon a specified condition.
A development agreement shall specify the terms and conditions of both the
approval of interim uses pursuant to this section and the discontinuance of
interim uses as required in this section.
(b) The Buffer, yards and setbacks are governed by the LDC.
(c) Interim uses shall comply with all other applicable provisions of the Collier
County Land Development Code as may be required at the time of approval.
SECTION SEVEN: ADOPTION AND UPDATES OF TRANSPORTATION CORRIDOR PLAN
The Transportation Corridor Plan shall be the attached LRTP tables and maps and is hereby adopted
as a part of this Ordinance. This Plan and Ordinance shall be reviewed on an annual basis and
updated with the adoption of any Board approved plan or study that modify Transportation Corridors.
SECTION EIGHT: CONFLICTAND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable
law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION NINE: CONSTRUCTION.
This Ordinance shall be liberally construed to effectuate its public purpose.
SECTION TEN: INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be numbered or re- lettered
to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other
appropriate word.
SECTION ELEVEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State of the State of
Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of , 2012.
E
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and
legal sufficiency:
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
C
Fred W. Coyle, Chairman