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CCPC Backup 09/06/2012 R & LDCCCPC MEETING BACKUP DOCUMENTS SEPTEMBER 6.2012 Cou,r KQPar =cr " AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, SEPTEMBER 6, 2012, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD,OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMOI' Y AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES August 2, 2012 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. Note: This item has been continued f oin the August 2, 2012 CCPC meeting: BDE- PL20110000644: Helsel Boat Dock Extension- A Resolution of the Collier County Planning Commission relating to Petition Number BDE- PL20110000644 for a 14 foot boat dock extension over the maximum 20 foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 34 feet for the benefit of property located in Isles of Capri No. 3 Subdivision in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] 1 B. BD- PL20120000026: A Resolution of the Collier County Planning Commission relating to a 26 -foot boat dock extension over the maximum 20 -foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 46 feet for Lot 7, Block H of the Little Hickory Shores Unit 3 Subdivision in Section 5, Township 48 South, Range 25 East in Collier County, Florida [Coordinator: Fred Reischl, AICP, Senior Planner] 10. OLD BUSINESS A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Senior Planner] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp August 06, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on August 17, 2012, and furnish proof of publication to the attention of Fred Reischl, Senior Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING & ZONING Zoning Services Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., on Thursday, September 06, 2012 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution of the Collier County Planning Commission relating to Petition Number BD- PL20120000026 for a 26 -foot boat dock extension over the maximum 20 -foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 46 feet for Lot 7, Block H of the Little Hickory Shores Unit 3 Subdivision in Section 5, Township 48 South, Range 25 East in Collier County, Florida [Coordinator: Fred Reischl, AICP, Senior Planner]. (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Planning & Zoning Department prior to Thursday, September 06, 2012, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman LEE COUNTY LELY BONITA BEACH ROAD (C.R. 865) PROJECT BAREFOOT BEACH LO C AT I 0 N HI CONDO 0 rn LELY BONITA O� -I BAREFOOT 5 SHORES �? D C BEACH w cn AUDUBON 0 COUNTRY CLUB J O m � � w 0 > AUDUBON NAPOLI VILLAGE �j COUNTRY CLUB BAY STERLING O 8 FOREST OAKS 9 10 TWO THE LAKES WATERGLADES RETREAT PLAZA CA GLEN EDEN J ON THE BAY v ARBOR TRACE VILLAGE PLACE Acct #068779 July 3, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BD- PL20120000026 w/MAP (DISPLAY AD) Dear Legals: Please advertise the above referenced notice (w /map) Friday, August 17, 2012 and send the Affidavit of Publication, in duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500131207 August 06, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on August 17, 2012, and furnish proof of publication to the attention of Boards Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, FL 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING & ZONING Zoning Services Section FUND & COST CENTER: 131 - 138326 - 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on Thursday, September 06, 2012 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution of the Collier County Planning Commission relating to Petition Number BD- PL20120000026 for a 26 -foot boat dock extension over the maximum 20 -foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 46 feet for Lot 7, Block H of the Little Hickory Shores Unit 3 Subdivision in Section 5, Township 48 South, Range 25 East in Collier County, Florida [Coordinator: Fred Reischl, AICP, Senior Planner]. (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Planning & Zoning Department prior to Thursday, September 06, 2012, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman LEE COUNTY LELY BONITA BEACH ROAD (C.R. 865) PROJECT BAREFOOT BEACH LO C AT I 0 N HI CONDO 0 rn LELY BONITA -I BAREFOOT 5 SHORES �? D C BEACH w > AUDUBON 0 COUNTRY CLUB m O w 0 > AUDUBON VILLAGE �j COUNTRY CLUB BAY STERLING 8 FOREST OAKS 9 10 TWO THE LAKES WATERGLADES RETREAT PLAZA GLEN EDEN J ON THE BAY v ARBOR TRACE VILLAGE PLACE Martha S. Veraara From: Martha S. Vergara Sent: Monday, August 06, 2012 11:48 AM To: Naples Daily News Legals Subject: BD- PL20120000026 Little Hickory Shores (CCPC) 9 -6 -2012 Attachments: BD- PL20120000026 Little Hickory Shores (CCPC 9- 6- 12).doc; BD- PL20120000026 Little Hickory Shores (CCPC 9- 6- 12).doc; BD- PL20120000026 Little Hickory Shores MAP - CCPC 9- 6- 12.pdf Legals, Please advertise the following attached ad on Friday. August 17. 2012 (Display Ad w /map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara&collierclerk.com NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Lynn Schneider, who on oath says that she serves as Order Entry Data Specialist of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on August 17th 2012 Affiant further says that the said Naples Daily News is a news] published at Naples, in said Collier County, Florida, and that the newspaper has heretofore been continuously published in said ( County, Florida; distributed in Collier and Lee counties of Flori each day and has been entered as second class mail matter at t] office in Naples, in said Collier County, Florida, for a period year next preceding the first publication of the attached cof advertisement; and affiant further says that he has neither pai promised any person, firm or corporation any discount, reb commission or refund for the p securing this advertisei publication in the said n wspa er. 4Situlrle of affiant) V CRYSTAL G. JONES ES. :+i� tqh,, MY COMMISSION # DD Sa16t4 Sworn to and subscribed before m a') i gcnded Thru Not ry PUblic Wderwriters This 21st day of August, 2012 (Signa ure of notary pub c) PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., on Thursday, September 06, 2012 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution of the Collier County Planning Commission relating to Petition Number BD- PL20120000026 for a 26 -foot boat dock extension over the maximum 20 -foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 46 feet for Lot 7, Block H of the Little Hickory Shores Unit 3 Subdivision in Sec- tion 5, Township 48 South, Range 25 East in Collier County, Florida [Coordinator: Fred Reischl, AICP, Senior Planner]. LEE COUNTY BONITA BEACH ROAD (C.R.885) PROJECT BEACH CONDO BowTA � BAREFOOT 5 =ROBES BEAGH AUDUBON r+C COUNTRY CLUB NAPOLI � COUNTRY NLLACE OUNTRY Rue BAT STERLING 0 8 FOREST OAKS 9 Two 0 HE PLAZA WAIEROLADES RETREAT GLEN EOEN J O E BAT ARBOR TRACE NLLACE PLACE All interested parties are invited to appear and be heard. indi- vidual speakers will be limited to 5 minutes on any item. Ex- pert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organiza- tion should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Planning & Zoning Depart- ment prior to Thursday, September 06, 2012, in order to be considered at the public hearing. All materials used in pre- sentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accom- modation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assis- tance. Please contact the Collier County Facilities Manage- ment Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380; at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Com- missioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No. 240192931 August 17. 2012 PUBLIC NOTICE PUBLIC NOTICE 6A )) Friday, August 17, 2012 )) NAP L E S D A I LY N E W S NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., on Thursday, September 06, 2012 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution of the Collier County Planning Commission relating to Petition Number BD- PL20120000026 for a 26 -foot boat dock extension over the maximum 20 -foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 46 feet for Lot 7, Block H of the Little Hickory Shores Unit 3 Subdivision in Sec- tion 5, Township 48 South, Range 25 East in Collier County, Florida [Coordinator: Fred Reischl, AICP, Senior Planner]. LEE COUNTY IELY BONITA BEACH ROAD (C. R. 805) PROJECT aEa „ °0T LOCATION caa°° ILY BONITA rc BAREFBOT 5 SHORES ? BEACH C G AUBUBON C n OUNTRT CLUB O m D NAGOU \, COUNTRY LLACE � COUNTRY X CLUB BAY STERLING p B FOREST OAKS THE L- 9 TNO 0 11TERGLA0E5 RETREAT PLAZA GLEN EDEN J a ON THE TAY ARBOR THACE NLLAGE GLACE All interested parties are invited to appear and be heard. Indi- vidual speakers will be limited to 5 minutes on any item. Ex- pert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organiza- tion should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Planning & Zoning Depart- ment prior to Thursday, September 06, 2012, in order to be considered at the public hearing. All materials used in pre- sentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accom- modation in order to participate in this proceeding, you are 'entitled, at no cost to you, to the provision of certain assis- tance. Please contact the Collier County Facilities Manage- ment Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Com- missioners Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No 240192931 August 17. 2012 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: Land Development Services Person: Caroline Cilek Date: Thursday, August 13, 2012 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above Hearing before BCC BZA Other: CCPC Requested Hearing date: (Based on advertisement appearing 5 + days before hearing.) Friday, August 17, 2012 (NOTICE TO RUN NO LATER THAN Tuesday, August 21, 2012) Newspaper(s) to be used: (Complete only if important): X Naples Daily News ❑ Other X Legally Required Proposed Text: (Include Title of the Ordinance /Resolution (or just write in see attached document), legal description, con-won location & size): Please see attached legal ad. Please publish the following public notice, for a Display ad, ' /< page, with maps, in your edition of Y�frI rtO(t AV9• P 2012. The advertisement must be at least two columns wide x 10 inches long, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes X No If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131 - 138909- 634999; Purchase Order Number: 4500135130; Account Number: 068779 Reviewed by: ivisi ;Administrator or Designee i_ / -y /,-7, Date P.O.# 4500135130 List Attachments: Legal Ad. Proposed Ordinance to be furnished at the last hearing date for LDC amendments. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for tile. x�x* Kx�:** ��* x**x x* �x x*x x�xxxx rxx�: xxxYx *x�x * * *x *xx:�xx *xxx *x *x�x *xr *xxxx *xx * *�xxx�x *xx * * *��Y * * *x :� *xxxx *xx ** FOR CLERK'S OFFICE USE Oy Y: 3 n Date Received: Date of Public hearing: Date Advertised: August 13, 2012 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display ad, '/4 page, with maps, in your edition of Friday, August 17, 2012. The advertisement must be at least two columns wide x 10 inches long, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek. September 6, 2012 COLLIER COUNTY PLANNING COMMISSION NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on September 6, 2012, in the Board of County Commissioners Meeting Room, 3' Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.33 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE- MOBILE HOME PARK OVERLAY SUBDISTRICT, SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING ADDING SECTION 5.03.07 PORTABLE STORAGE CONTAINERS; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.07 CERTIFICATES OF PUBLIC FACILITY ADEQUACY; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman Acct. #068779 August 13, 2012 Attn: Legals Naples News Media Group 1 100 Immokalee Road Naples, Florida 34110 Re: LDC Amendment Cycle 2012 -1 Display Ad (no map with this notice) Dear Legals: Please advertise the above referenced notice on Friday, August 17, 2012. Please send the Affidavit of Publication in TRIPLICATE, together with charges involved to this office. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500135130 August 13, 2012 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display ad, '/4 page, with maps, in your edition of Friday, August 17, 2012. The advertisement must be at least two columns wide x 10 inches long, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. September 6, 2012 COLLIER COUNTY PLANNING COMMISSION NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on September 6, 2012, in the Board of County Commissioners Meeting Room, 3' Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.33 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE- MOBILE HOME PARK OVERLAY SUBDISTRICT, SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING ADDING SECTION 5.03.07 PORTABLE STORAGE CONTAINERS; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.07 CERTIFICATES OF PUBLIC FACILITY ADEQUACY; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman Martha S. Veraara From: Martha S. Vergara Sent: Wednesday, August 15, 2012 9:14 AM To: Naples Daily News Legals Subject: LDC Amendments Cycle 2012 -1 Attachments: LDC Amend Cycle 2012 -1 (CCPC - 9- 6- 12).doc; LDC- 2012 -Cycle 1 (CCPC - 9- 6- 2012).doc Legals, Please advertise the following attached ad on Friday, August 17, 2012. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergarakcollierclerk com PUBLIC NOTICE PUBLIC NOTICE September 6, 2012 COLLIER COUNTY PLANNING COMMISSION NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on September 6, 2012, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amend- ments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COL- LIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULA- TIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTEC- TION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR RE- MOVAL OF PROTECTED VEGETATION; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUD- ING SECTION 4.02.33 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE- MOBILE HOME PARK OVERLAY SUB- DISTRICT, SECTION 4.05.02 DESIGN STANDARDS, SEC- TION 4.05.04 PARKING SPACE REQUIREMENTS; CHAP- TER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING ADDING SECTION 5.03.07 PORTABLE STORAGE CON- TAINERS; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVEL- OPMENT PLANS, SECTION 10.02.04 SUBMITTAL RE- QUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.07 CERTIFICATES OF PUBLIC FACILITY ADEQUACY; SECTION FOUR, CONFLICT AND SEVERABILITY; SEC- TION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the Proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Divi- sion, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier Coun- ty Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Col- lier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No. 240192937 August 20 2012 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Lynn Schneider, who on oath says that she serves as Order Entry Data Specialist of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on August 20th 2012 Affiant further says that the said Naples Daily News is a newsl published at Naples, in said Collier County, Florida, and that th( newspaper has heretofore been continuously published in said C County, Florida; distributed in Collier and Lee counties of Flori each day and has been entered as second class mail matter at tl office in Naples, in said Collier County, Florida, for a period year next preceding the first publication of the attached cop advertisement; and affiant further says that he has neither pail promised any person, firm or corporation any discount, reba commission or refund for the purpose of securing this advertisen publication in the said newsp er. �r� e ( Signature of affiant) Sworn to and subscribed before me This 23rd day of August, 2012 of notary pub c)" CRYSTAL G. JONES *, MY COMMISSION # DD 881614 •�- EXPIRES: June 27 2013 Bonded Thor Notary Public Undervaiters ry PUBLIC NOTICE PUBLIC NOTICE. September 6, 2012 COLLIER COUNTY PLANNING COMMISSION NOTICE OF LAND DEVELOPMENT CODE CHANGE LDC AMENDMENT CYCLE 2012 -1 Notice is hereby given that on September 6, 2012, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amend- ments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COL- LIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULA- TIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTEC- TION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR RE- MOVAL OF PROTECTED VEGETATION; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUD- ING SECTION 4.02.33 SPECIFIC DESIGN STANDARDS FOR THE IMMOKALEE- MOBILE HOME PARK OVERLAY SUB- DISTRICT, SECTION 4.05.02 DESIGN STANDARDS, SEC- TION 4.05.04 PARKING SPACE REQUIREMENTS; CHAP- TER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING ADDING SECTION 5.03.07 PORTABLE STORAGE CON- TAINERS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES, INCLUDING SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVEL- OPMENT PLANS, SECTION 10.02.04 SUBMITTAL RE- QUIREMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SECTION 10.02.07 CERTIFICATES OF PUBLIC FACILITY ADEQUACY; SECTION FOUR, CONFLICT AND SEVERABILITY; SEC- TION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Divi- sion, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier Coun- ty Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Col- lier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman No. 240192937 August -- 2012 AGENDA ITEM 10 -A Col 4er C014ftty Growth Management Division Planning & Regulation Land Development Services To: Planning Commission Members From: Caroline Cilek, Senior Planner, Operations and Regulatory Management Date: August 29, 2012 Subject: LDC Amendment review on Thursday, September 6, 2012 The following documents are enclosed in your LDC Amendment packet. 1) LDC Amendment sub - agenda 2) New amendments. a. 2.03.07 Overlay Zoning Districts, 4.02.33 Specific Design Standards for the Immokalee Mobile Home Park Overlay Subdistrict, 10.02.05 Submittal Requirements for Improvements Plans b. 10.02.04 Submittal Requirements for Plats 3) Revised amendments. Revisions are highlighted in yellow. a. 3.05.02 E Exemptions from Requirements for Vegetation Protection and Preservation and 3.05.05 Criteria for Removal of Protected Vegetation (Mangrove Amendment) i. This amendment has been revised from the draft presented on August 16tH b. 5.03.07 Portable Storage Containers i. Attachment 1: Plan View of the Side Plane setback application in the Estate District ii. Attachment 2: Resolution 2008 -066 which was requested to be used as a model for the screening in the Estate District. iii. An alternative amendment, which will propose the codification of the existing Staff Clarifications for portable storage containers, will be presented at the meeting on September 6tH c. 10.02.07 C.1.b Submittal Requirements for Certificate of Public Facilities Adequacy (PUD Monitoring Annual Traffic Reports, Part II) d. 4.05.02 Design Standards and 4.05.04Parking Space Requirements (grass parking) i. Section 4.05.02 13.1.vi has been removed. Cro4tht.4 rt(kvtis�m • Planning d • Nap!�ls, Ficnda 3atG4. 239- 252 -2403 • y; rx.cti 'i5rrc r tt LDC AMENDMENT SUB - AGENDA FOR THURSDAY, SEPTEMBER 6, 2012 COLLIER COUNTY PLANNING COMMISSION MEETING 1. LDC Amendment Review # Notes Subsection Description Date Author 1 New 2.03.07 Overlay Zoning Districts 8/29/12 Nick Amendment 4.02.33 Specific Design Standards for the Casalanguida Immokalee Mobile Home Park Overlay Subdistrict 10.02.05 Submittal Requirements for Improvements Plans 2 New 10.02.04 Submittal Requirements for Plats 8/27/12 Nick Amendment Casalan uida 3 Re- review 3.05.02 E Exemptions from Requirements for 8/28/12 Stephen from 8 /16/12 Vegetation Protection and Preservation Lenberger New Draft 3.05.05 Criteria for Removal of Protected Provided. Vegetation (Mangrove Amendment) 4 Re- review 1.08.02 Definitions- Portable Storage 8/29/12 Ray Bellows from 8/16/12 Container (new definition) New Draft 5.03.07 Personal Storage Containers Provided. (allowable accessory structure) 10.02.03 Submittal Requirements for Site Development Plans 5 ` Re- review 10.02.07 Submittal Requirements for Certificate 8/28/12 Reed Jarvi from 8/16/12 C. Lb of Public Facilities Adequacy (PUD and Laurie Monitoring Annual Traffic Reports, Beard Part II) 6 Re- review 4.05.02 Design Standards 8/28/12 Barry from 8/16/12 4.05.04 Parking Space Requirements (grass Williams parking) I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \CCPC \CCPC 2012 -9 -6 \CCPC Sub - Agenda Sept. 6 2012.docx8/29/2012 2:44 PM Text underlined is new text to be added. Text niriLn4h.eUeh is nt te)d to he deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Board Directed AUTHOR: Nick Casalanguida, Administrator DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 2.03.07 Overlay Zoning Districts; 4.02.33 Specific Design Standards for the Immokalee- Mobile Home Park Overlay Subdistrict; 10.02.05 Submittal Requirements for Improvements Plans CHANGE: This amendment seeks to make revisions to the Immokalee Mobile Home Park Overlay Subdistrict and includes the following changes: • Removes the date by which a nonconforming mobile home park must obtain a site improvement plan (SIP). • Makes the SIP process voluntary. • Parks that receive an approved SIP will become legal parks and be allowed to replace mobile home units. • Parks that do not go through the SIP process will remain nonconforming and be subject to the nonconforming_ provisions of 9.03.00. These parks are not guaranteed the ability to replace mobile home units. • Provides a 3 year extension for parks that received an approved SIP, but expired prior to implementation, to complete the improvements. • Allows for the Board of County Commissioners to approve an extension of an approved SIP, provided the property owner has exercised due commercial diligence in completing the approved SIP, not to exceed '3 _years. • Limits the required improvements for parks with fewer than 5 units to meet only the dimensional standards, section 4.02.33, provided in Table 15. • Identifies that plans do not need to be submitted by an engineer or landscape architect. • Allows for nonconforming parks which cannot meet the design standards in LDC section 4.02.33 to have an SIP approved by the Board of County Commissioners. Additionally, the amendment relocates existing design standards in section 10.02.05 to section 4.02.33 to consolidate the standards and for ease of use. REASON: The Immokalee Nonconforming Mobile Home Park Overlay was created to incentivize nonconforming mobile home parks in the Immokalee Urban Overlay to provide upgrades to the park, based on health, safety, and welfare concerns. While the intent of the section was to incentivize improvements, the Overlay required all nonconforming mobile home parks to submit a site improvement plan (SIP) with alternative design standards. The SIP process in the LDC expired on January 9, 2003. Nonconforming mobile home parks that wanted to make 1 LTDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \BCC Amendments for 092512\2 03 07 G 6 Imm NonConf MH Park Overlay 082912.docx 8/29/2012 2:57 PM Text underlined is new text to be added. TeA StFikethm gh is euFFent t9A te he deleted Bold text indicates a defined term improvements after January 9, 2003, were required to have a settlement agreement approved by the Board of County Commissioners. This amendment removes the January 9, 2003 date referenced in the LDC and proposes a voluntary process. Parks that obtain an approved SIP, and the appropriate building permits, will be able to replace units. Parks that do not acquire an approved SIP will remain nonconforming and will be subject to the nonconforming provisions of 9.03.00. These parks are not guaranteed the ability to replace units. FISCAL & OPERATIONAL IMPACTS: The SIP process is designed to be low -cost procedure to bring nonconforming mobile home parks into compliance with the LDC. The SIP application does not need to be prepared, signed, or sealed by a design professional (engineer, architect, or landscape architect). Rather, the SIP application may be submitted by a person with general knowledge of drafting skills, and basic engineering construction standards. This is intended to assist in the fees associated with submitting a SIP application. Further, the development standards are not as rigorous as those required for new mobile home parks. Parks with fewer than five units only need to demonstrate compliance with minimum lot size, setback, separation requirements, and floor area requirements. The fees for an SIP are as follows: • $1,000 plus Engineering Review Fees (3% estimated construction cost), • $150 Office of the Fire Official fee Additionally, there has been discussion to reduce or remove the application fees for nonconforming parks that require a rezone or Growth Management Plan (GMP) amendment. The options discussed would be to keep the fees identified in the Collier County Fee Schedule; limit the fees to the average actual costs (actual staff time and legal advertising); or limit fees to the cost of legal advertising. A companion item to the LDC amendment outlines the Fee Schedule costs and the average actual costs associated with the SIP process, a rezone petition, and a GMP amendment. This will be presented to the BCC for consideration and further direction. The application fees for a Rezone and Compre Rezoning Application Office of the Fire Official review fee Comp Plan Consistency Legal Advertising GMP Amendment Application Legal Advertising ve Plan Amendment are as follows: Fees $6,000 plus $25 per acre $100 $750 $1,425 Fees $9,000 (small scale - <10 acres), or $16,700 (general — >I 0 acres) $1,425 RELATED CODES OR REGULATIONS: Collier County GMP, including the Immokalee Area Master Plan. 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \BCC Amendments for 092512\2 03 07 G 6 Imm NonConf MH Park Overlay 082912.docx 8/29/2012 2:57 PM 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Text underlined is new text to be added. Text Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMPACT: The proposed amendment does not impact the Growth Management Plan or the Immokalee Area Master Plan. OTHER NOTESNERSION DATE: Prepared by Chris Scott, AICP. Edited by Caroline Cilek July 18, 2012, July 25, 2012, August 9, 2012, August 17, 2012, August 21, 2012, August 29, 2012 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * G. Immokalee Urban Overlay 6. Nonconforming Mobile Home Park Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91 -102, on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the LDC land development cue, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. a. Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of conforming mobile home parks. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure. b RequiYed sate Site improvement plan application. The property owners of all nonconforming mobile home developments /parks that were in existence before November 13, 1991, i.e., that predate Ordinance No. 91- 102, the LDC land development Gordo shall be Fort Ford to may submit a site improvement plan (SIP) meeting the design standards set forth in section 4.02.33 and the submittal process set forth below. The approved SIP shall become the official record acknowledging the legal use of the property and convey all the rights of a conforming mobile home park, including the ability to replace mobile home units with an approved building permit. f. i. The site plan (SIP) master plan shall illustrate the way existing buildings are laid out and the infrastructure (i.e. utilities, streets, drainage, landscaping, parking and the like) to serve those buildings. The number and location of buildings shall be reviewed for consistency with LDC fie requirements (i.e. setbacks, space between buildings, and density, a414e like). Similarly, the SIP shall serve to provide a basis for obtaining 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \BCC Amendments for 092512\2 03 07 G 6 Imm NonConf MH Park Overlay 082912.docx 8/29/2012 2:57 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Text underlined is new text to be added. Text str'LetLxrr. gh is nt text to he .Deleted Bold text indicates a defined term approval of required infrastructure improvements. s, �nh as the refers - red hereiR. Tie— ^preen SIP ss"GWiRg all G_f the n „n shall bennme the nffioial reoerrd aGkne wlerdninn the legal use of the property Fails ire to initiate this nrnness Within the time frames set forth above, willalt in a Cede „inlatien in which the n,lrepeFty e,e,n ,dill hn r i nr to immediately re n„e all mobile homes v lw�ner be Fequn$d to i mTediately remev� which haVee RGt re Geived a building permit and all mobile homes deerned to— be— unsafe and unfut fer hunian hab'tation 0 and othene,ioe oontrar„ to the nni Rty's hG Ginn Ge de unless ethene,isn pFehibited by state law. ii. Once the County Manager or designee approves the SIP, the number of units approved on the SIP shall be allowed to remain within the mobile home park and individual units may be replaced, so long as the requirements of the approved SIP are completed and a building permit has been obtained for each unit. For the purposes of this section, the SIP shall remain in force for 3 years from the date of approval in accordance with section 10.02.03 B.4.a and b, notwithstandinq the provisions provided below. d. (a) Projects that received an approved SIP by the County which expired prior to the completion of required improvements shall have 3 years from (effective date of this ordinance] to complete the improvements specified in the SIP. (b) Provided that the property owner has exercised due commercial diligence in completing the approved SIP improvements, the Board of County Commissioners may approve an extension of an approved SIP, not to exceed 3 years. iv. For the specific submittal requirements and review procedures for g the SIP si iGSOG�= FefreFenc;�d on b. and G. abeye, see section 10.02.05 F. of this LDC Code. 4.02.33 Specific Design Standards for the Immokalee - Mobile Home Park Overlay Subdistrict A. Dimensional standards. This section applies to nonconforming mobile home parks /developments that were in existence before November 13, 1991. Mobile home units that cannot meet the minimum floor area standards shall be removed within 12 months of the approval of the SIP. Table 15. Dimensional Setandards for the Mobile Home Park Overlay Subdistrict 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \BCC Amendments for 092512\2 03 07 G 6 Imm NonConf MH Park Overlay 082912.docx 8/29/2012 2:57 PM Minimum lot requirements Single -wide units 2,400 square feet Double -wide units 3,500 square feet Minimum lot width Single -wide units 35 feet Double wide units 45 feet 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \BCC Amendments for 092512\2 03 07 G 6 Imm NonConf MH Park Overlay 082912.docx 8/29/2012 2:57 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Text underlined is new text to be added. Tn.h ntrikethrn gh s nt text to be deleted. Bold text indicates a defined term Minimum setback requirements Interior roads Front yard 10 feet Side yard 5 feet Rear yard 8 feet Public road frontages 20 feet Minimum space between structures for cluster 10 feet development or zero lot line development Minimum floor area 320 square feet B. Where a public wateF IiRe waterline is available, a hydrant will be required to serve the park. Should water line pressure and flow be inadequate, arrangements shall be made to seek approval of the Immokalee Fire Department to confirm that supplemental fire apparatus is adequate for fire protection. C. A dumpster or enclosure for individual containers is required in accordance with section 5.03.04- of this LDC. No dumpster shall be located closer than fifteen feet from any public street. D. Private Feads leading to and seNiRg the mobile hGme paFk or mobile home lets must be ITIPFeved and maintaiRed, and shall GGRGiSt of a dust free suFfaGe with VkIth of twenty (20) feet. The dust fFee suFfaGe may GORSiSt of aggFegate rnateFial treated with 61 based material that will bind the aggFegate mateFial onto a form ef rRaGadarn r finish. A drainage dit6h Gapable Gf 6tGFiRg the first ane ORGh ef rainfall shall be in GE)rnorated min the right of_way deGigR lare00 oertion eXG'usnie of the required twenty (2meet. Drainage --sh all --be- directed -to -a- ubliG rand -via- the - pFivate Fead and/o; easemeRt GenveyanGe, unless it GaR be preved that the en site peFG0IatieR rates exGe the g site retention regUiFervment D. Private road and stormwater treatment requirements are as follows: 1. Private roads leading to and serving the mobile home park or mobile home lots must be improved and maintained, and shall consist of a dust free surface with a minimum width of 20 feet. 2. To improve stormwater management, depressions shall be identified or created and located on site. If the site is adjacent to a public roadway, drainage shall be directed to the public system. E. Landscaping requirements are as follows: 1. A 10 foot wide landscape buffer, with 1 single hedgerow and trees spaced 30 feet on center along property lines abutting a right -of -way. 2. Trees spaced 50 feet on center along internal boundary lines. 3. Permitted trees include live oak, sycamore, red maple, and sweet gum. Under electrical transmission lines, simpson stopper, magnolia, east Palatka holly, and dahoon holly trees are permitted. 4. Fixed irrigation systems which shall include 2 irrigation bubblers per tree. 5. Existing trees may be credited pursuant to section 4.06.04 D. of this LDC. F. Exemptions from Design Standards: 1. Mobile home parks with fewer than five mobile homes or mobile home lots shall only be required to meet the Dimensional Standards in 4.02.33 A., and not be subject to the additional design standards in sections 4.02.33 B through E. 2. Nonconforming mobile home parks that are unable to meet the design and dimensional standards of section 4.02.33 A. through E., due to existing site constraints or other factors, may have an SIP approved by the Board of County Commissioners. The proposed SIP must identify any proposed deviations from section 4.02.33. 5 I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions\Author Revisions \BCC Amendments for 092512\2 03 07 G 6 Imm NonConf MH Park Overlay 082912.docx 8/29/2012 2:57 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. A keth Fo nh 'S GUFFent text to he deleted Bold text indicates a defined term 10.02.05 Submittal Requirements for Improvements Plans * * * * * * * * * * * * * F. SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict. This section applies to nonconforming mobile parks /developments that were in existence before November 13, 1991. 1. Pre - application meeting requirements. Prior to making an application to submit an SIP, the property owner and /or agent is required to have a pre - application meeting with Collier County planning staff. Coordinating this process will be the responsibility of the assigned planner who will establish a date for the meeting and will advise other review staff to attend the meeting. The owner of the property or agent representing the owner shall bring to the meeting a survey plot plan showing the location of all buildings and structures, and preferably a draft plan showing the proposed layout of buildings and infrastructure improvements. The applicant shall consult with the Immokalee Fire Department and the Immokalee Sewer and Water District prior to the pre - application meeting. Within 90 days after the pre - application meeting, the owner /agent sha# may submit the SIP application and supporting documents. ,=ai'UFe to submit a fE)FFnaI CID shall Ga se a nitation to be iss ied to the property which may nU Iminate in Oho neRt tO Ferneve all buildings and StFUGtWes as provided above unless se prohibited by state law, 2. SIP submission requirements, preparation standards, and notes. a. An application for an SIP on a form prepared by Collier County shall be signed by the owner or agent of the property owner in the form of an affidavit as indicated on the application form. b. A survey plan showing all buildings and structures, their uses and the actual size of the structures. C. A site improvement plan showing the proposed location of all buildings, and all required infrastructure, drawn to scale on a 24" x 36" sheet(s) illustrating the following information: III ` �i�lilliuul„i; i. Park name, address, . and phone number of agent preparing the plan and address and phone number of the property owner. ii. Folio number(s) of property and total site area. Ili. Zoning designation and land use on subject and adjacent property. iv. North arrow, scale, and date. V. Landscaping, proposed and existing. vi. Parking spaees A minimum of one parking space per unit which shall consist of a dust free surface. vii. Setbacks and space between building measurements. viii. Location and arrangement of ingress /egress points. ix. Type of surface of all access roadways leading to the park and within the park. X. Location of all structures in the park (units, office, accessory building, etc.) A Location of dumpster or trash container enclosure. xii. Location and height of walls and /or fences. xiii. Where applicable, dimensions of lots, width of internal streets and design cross - section of streets and drainage improvements. d. Plans do not have to be signed and sealed by a professional engineer, however, plans must be prepared by a person having knowledge of 6 LTDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \BCC Amendments for 092512\2 03 07 G 6 Imm NonConf MH Park Overlay 082912.docx 8/29/2012 2:57 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Text underlined is new text to be added. Te)d Striketh.ough is nt text to he deleted Bold text indicates a defined term drafting skills and basic engineering construction standards which may include a paraprofessional associated with a professional engineering, architectural, landscape architectural firm or licensed contractor. e Prior to appFeval of the CID the cn„pty building inspector Will identif all mobile - homes -not meeti housing ode standards ,n � m inim„m floor area remements fnr mobile homes as definerd in this Code. These mobile home units that Gannet be rehab'Gtaterd shall be removed within 12 men}hs of the approval of the CID unless prohibited by w acrd shall he sn iprdi t d nn the SIP. f Mobile home units me he housing Gerd^ and s defined in this Conde ce# i- rc- rTVC+�rrg-u�vu�arra--a�vcnrrca may reply a the units removed provided the replacernent units do not eviceerd the mavim, m mber of units allowed on the nrininal CID The mbar of n't rd nye on the CID will he allowed to main evicept for these identified substandard units which must he removed in aEESrdanGe -with the timef�Teferred to in seE' F.2.e. above, so long as requirements of the approved CID are implementer and a building permit has been obtained for each „nit b- A right-of-way permit shall be required, subject to subsection 10.02.03 6.1-x. This permit shall be GbtaiRed Prior to approval of the CID 4 f tame shall he submitted to the assigner) planner ""I"J "� 3. 1and °^aping: Landscape improvements shall be shown on the SIP, either separately or collectively on the same sheet as the site plan. Existing trees may be credited pursuant to section 4,06.04 D. of this LDC Cede. a. The plan shall be prepared by a landscape architect, landscape designer, of landscape contractor or paraprofessional associated with such a firm and having knowledge of Florida plant material and planting requirements. Landscape plans do not need to be signed and sealed_ when prepared by a licensed landscape architect b. LandSGaping req�ementcaTfolPs: 4 ten foot wide lanrdcecape buffer, with 1 s gle herdgeFE)W anal trees spaced 30 feet on reenter along property lines abutting a Fight of way.- Tpree,,s, }spayn�ed 50 feet i nn venter along internal bo„nrdaFy lines if1 - -PeFm Ftted trees OnGlude li��rve oak, Sy GiammeFe, Ted maple, and sweet gum Under electrical transmission rdlines sirppsnn stopper, m aggnlinlia, and st Palatka holly, anaho nn holly trees c iy Cixerd irrigation systems which shall inGlu de 2 irriga tion bubblers per tree. Implementation time frame: The site iMPFOvement plan shall be implemented apfGn' nark imp.e._ nts shall he matte in accnrrdance with the folleWing timeline 7 I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \BCC Amendments for 092512\2 03 07 G 6 Imm NonConf MH Park Overlay 082912.docx 8/2912012 2:57 PM Text underlined is new text to be added. Text Si: keth.. ugh i nt text to he deleted Bold text indicates a defined term 1 p RI lildiRg nerrnitcam be fer each releGaterd and must obtained unit when 2 renlnned within an ennreved nerli ethenNi a the nede enfernement nntien 3 will Geed eXnept as nu mcl to centieR 1 n n'� nF pFe ..p.. vthe a �.,� Ryice pFE)yided oyw.. p, v ant 4 F. 5 # # # # # # # # # # # # # 8 I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \BCC Amendments for 092512\2 03 07 G 6 Imm NonConf MH Park Overlay 082912.docx 8/29/2012 2:57 PM Text underlined is new text to be added. Te.A StFikethrough is GUFFeRt ♦evt to he deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Nick Casalanguida, Administrator, Growth Management Division DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 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). REASON: In the past, the volume of SDPs submitted to the County was much greater than current levels. The proposed change will allow a developer to submit multiple SDPs concurrently with the second review of the Final Plat. For example, an applicant may wish to submit the Club House and Multi - family SDPs at the same time. Currently, these would be submitted separately. FISCAL & OPERATIONAL IMPACTS: County staff will likely see an increase in staff time dedicated to the tracking the SDPs submitted with the secondary review of the Final Plat. Fees will remain the same for all submittals. This limitation on the number of SDPs is viewed as a hindrance to the development time frame. The proposed change will allow a shorter review time for applicants. Please see the attached letter provided by a member of the development community. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: N/A 1 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \10 02 04 Submittal Requirements for Plats 082712.docx Caroline Cilek 8/29/2012 8:23:16 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Text underlined is new text to be added. Text StFiketh Fa gh is Rt te)d to he deleted Bold text indicates a defined term OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, August 6, 2012, August 27, 2012 Amend the LDC as follows: 10.02.04 Submittal Requirements for Plats C M Relationship of Plats to Site Development Plans. No site development plan may be accepted for concurrent review with a preliminary subdivision plat. Once the preliminary subdivision plat has been approved, site development plans may be submitted for review concurrent with the submittal of the final plat. No site development plan may be approved until the final plat receives administrative approval, and no building permits may be issued until the final plat is recorded, except for those development amenities which are excluded from the provisions of section 10.01.01 in accordance with section 10.02.03.A.2. of this Code. Where no preliminary subdivision plat is contemplated, one Site Development Plante may be submitted for concurrent review with the final plat at such time as the applicant submits the response to the first staff review comments. Approval of the SDP will be withheld until the final plat has received administrative approval, and no building permits may be issued until the final plat has been recorded. 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \10 02 04 Submittal Requirements for Plats 082712.docx Caroline Cilek 8/2912012 8:23:16 AM Text underlined is new text to be added. Te.h n1.ikethw yeti is GUFFent te)d to be deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division – Planning and Regulation AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Natural Resources Services AMENDMENT CYCLE: 2012 Cycle 1 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. Revise general language for clearing to address the concerns of stakeholders and the Planning Commission. Re -letter remaining subsections. 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. Subsections 403.9324(1 -3), F.S., state the following: 403.9324 Mangrove protection rule; delegation of mangrove protection to local governments. — (1) Sections 403.9321- 403.9333 and any lawful regulations adopted by a local government that receives a delegation of the department's authority to administer and enforce the regulation of mangroves as provided by this section shall be the sole regulations in this state for the trimming and alteration of mangroves on privately or publicly owned lands. All other state and local regulation of mangrove is as provided in subsection (3). (2) The department shall delegate its authority to regulate the trimming and alteration of mangroves to any local government that makes a written request for delegation, if the local government meets the requirements of this section. To receive delegation, a local government must demonstrate that it has sufficient resources and procedures for the adequate administration and enforcement of a delegated mangrove- regulatory program. When a county receives delegation from the department, it may, through interlocal agreement, further delegate the authority to administer and enforce regulation of mangrove trimming and alteration to municipalities that meet the requirements of this section. In no event shall more than one permit for the alteration or trimming of mangroves be required within the jurisdiction of any delegated local government. I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions\BCC Amendments for 092512 \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx Text underlined is new text to be added. Te.h StFiketl;M gh is ent te.h to he deleted Bold text indicates a defined term (3) A local government that wants to establish a program for the regulation of mangroves may request delegation from the department at any time. However, all local government regulation of mangroves, except pursuant to a delegation as provided by this section, is abolished 180 days after this section takes effect. The Mangrove Trimming and Preservation Act does allow governments to restrict trimming or alteration of mangroves on uninhabited islands which are publicly owned or on lands which have been set aside for conservation and preservation, or mitigation. Subsection 403.9323(2), F.S., states the following: 403.9323 Legislative intent. — (2) It is the intent of the Legislature that no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on lands set aside for conservation and preservation, or mitigation, except where necessary to protect the public health, safety, and welfare, or to enhance public use of, or access to, conservation areas in accordance with approved management plans. The definitions from 403.9325, F.S., provide further clarification. 403.9325 Definitions. —For the purposes of ss. 403.9321- 403.9333, the term: (1) "Alter" means anything other than trimming of mangroves. (2) "Local government" means a county or municipality. (3) "Mangrove" means any specimen of the species Laguncularia racemosa (white mangrove), Rhizophora mangle (red mangrove), or Avicennia germinans (black mangrove). (4) "Mangroves on lands that have been set aside as mitigation" means mangrove areas on public or private land which have been created, enhanced, restored, or preserved as mitigation under a dredge and fill permit issued under ss. 403.91- 403.929, Florida Statutes (1984 Supplement, as amended), or a dredge and fill permit, management and storage of surface waters permit, or environmental resource permit issued under part IV of chapter 373, applicable dredge and fill licenses or permits issued by a local government, a resolution of an enforcement action, or a conservation easement that does not provide for trimming. (5) "Professional mangrove trimmer" means a person who meets the qualifications set forth in s. 403.9329. (6) "Public lands set aside for conservation or preservation" means: (a) Conservation and recreation lands under chapter 259; (b) State and national parks; (c) State and national reserves and preserves, except as provided in s. 403.9326(3); (d) State and national wilderness areas; (e) National wildlife refuges (only those lands under Federal Government ownership); 2 L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \BCC Amendments for 092512 \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx Text underlined is new text to be added. Bold text indicates a defined term (f) Lands acquired through the Water Management Lands Trust Fund, Save Our Rivers Program; (g) Lands acquired under the Save Our Coast program; (h) Lands acquired under the environmentally endangered lands bond program; (i) Public lands designated as conservation or preservation under a local government comprehensive plan; (j) Lands purchased by a water management district, the Fish and Wildlife Conservation Commission, or any other state agency for conservation or preservation purposes; (k) Public lands encumbered by a conservation easement that does not provide for the trimming of mangroves; and (1) Public lands designated as critical wildlife areas by the Fish and Wildlife Conservation Commission. (7) "Riparian mangrove fringe" means mangroves growing along the shoreline on private property, property owned by a governmental entity, or sovereign submerged land, the depth of which does not exceed 50 feet as measured waterward from the trunk of the most landward mangrove tree in a direction perpendicular to the shoreline to the trunk of the most waterward mangrove tree. Riparian mangrove fringe does not include mangroves on uninhabited islands, or public lands that have been set aside for conservation or preservation, or mangroves on lands that have been set aside as mitigation, if the permit, enforcement instrument, or conservation easement establishing the mitigation area did not include provisions for the trimming of mangroves. (8) "Trim" means to cut mangrove branches, twigs, limbs, and foliage, but does not mean to remove, defoliate, or destroy the mangroves. This proposed LDC amendment was drafted with assistance from staff from the County Attorney Office. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to the County as trimming of mangroves is currently regulated by the State of Florida. The County cannot regulate trimming or alteration of mangroves unless permitting has been delegated to the County by the State. RELATED CODES OR REGULATIONS: None affected. GROWTH MANAGEMENT PLAN IMPACT: The proposed LDC amendment will have no impact on the GMP. OTHER NOTESNERSION DATE: November 23, 2011. Amended December 16, 2011, March 12, 2012, June 26, 201, July 27, 2012, August 3, 2012, August 10, 2012, August 22, 2012, August 27, 2012 Amend the LDC as follows: 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions\BCC Amendments for 092512 \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Text underlined is new text to be added. Te)d str'Lethre„gh is ent te)d to he deleted Bold text indicates a defined term 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation * * * * * * * * * * * * * E. Adrn*nis rte 97.4 from presewatien standards �,�#�atW2-- �AQ��B�— aFe —e�( ��TaRE�arE�6 �9f -�„�, si Fy Ge, FnangFOve tFees, unless they aFe a paFt of a pFeseFve. Thus exemptiGR shall Rat apply4o . ( ant a Yarianne• Advi to the previsions ef� se Gti� ee haFdship. Relief shall be gFanted only upon demenStFation by the landownel: eF affe that the gFant of a vaFianGe will be GensisteRt with the iRtent of this division and the g;emAh management Mangrove Trimming and Alteration that is exclusively governed by the State pursuant to the Mangrove Trimming and Preservation Act, Sections 403.9321 through 403.9333, F.S. F. Except for lots on undeveloped coastal barrier islands, rnangTe %ees, a vegetation removal permit for clearing 1 acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, -RSF, VR, A or E, or other nonagricultural, non - sending lands, non -NRPA, noncommercial zoning districts in which single - family lots have been subdivided for single - family use only, where the following conditions have been met: 1. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit); or 2. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed on acre. 3. All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection. 4. Where greater vegetation protection is required in the Rural Fringe Mixed Use District, a higher native vegetation protection requirement may not allow for the full one acre of clearing. # # # # # # # # # # # # 3.05.05 Criteria for Removal of Protected Vegetation * * * * * * * * * * * * * peFMit of it is deteFlTlined that Feasenable effeFts have been undeFtaken on the layout and design of the PF9pesed development to pFeseFve existing vegetation and to etheFwise enhanGe the ae6thetiG appeaFanGe of the development by the ef existing vegetation in the Native vegetation shall be retained within proposed developments where existing vegetation would be expected to survive in open space areas or buffers, where site improvements or changes in elevation are not proposed or required. A vegetation removal permit may be issued under the following conditions: * * * * * * * * * * * * * GThe proposed mengreye al teration has a DEP permit er meets the permitting t , stand,ard's"in the Florida AdFndnis tide Code. HoweP , pie removal er 4 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions\BCC Amendments for 092512\3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Text underlined is new text to be added. Te.h strikethro gh in ent te)d to be deleted Bold text indicates a defined term trimming shall be nrehihi }ed in all nreseFyes er areas used to fulfill the native .. .....��.. �y shall r: _....- ...�.. ::. all vvv: ..>..r .,: wvuv MVVM •v fulfill rrp�rr� #G. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state, federal or county approved or endorsed environmental preservation, enhancement, or restoration projects, shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of time authorized by such agency permits. 1H. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the County Manager or Ws designee provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the County Manager or Ws designee. dl. Landscape plant removal or replacement. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in section 4.06.00. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. KJ. Removal of vegetation for firebreaks approved by the State of Florida, Division of Forestry, shall be permitted. The width of the approved clearing shall be limited to the minimum width determined necessary by the Division of Forestry. L- K. A State or Federal permit issuance depends on data that cannot be obtained without preliminary removal of some protected vegetation. The clearing shall be minimized and shall not allow any greater impacts to the native vegetation on site than is absolutely necessary. Clearing shall be limited to areas that are outside any on -site preserves, as identified on the PUD master plan, Plat/Construction Plans or Site Development Plan. ML. In conjunction with a Collier County approved Preserve Management Plan, native vegetation clearing may be approved only when it is to improve the native habitat or to improve listed species habitat. NM. Conservation Collier projects which may need minimal clearing for parking, pathways for walking, or structures that may not require site plan approvals. 8N. Early clearing will be allowed as part of a final review of an SDP or PPL, after the Environmental Services Review Staff approves the necessary components of the project to ensure the appropriate environmental protection and preservation on site. This can only be allowed after the following are completed and approved: 1) final configuration and protection of the preserve is complete, 2) the conservation easements are completed and approved by both the environmental review staff and the county attorney's office, 3) the environmental review staff has approved the clearing of the site through the site clearing /preservation plan, 4) copies of all applicable Federal, State, and Local permits must be submitted and reviewed against the site clearing /preservation plan. This early clearing does not authorize approval for excavation, spreading fill, and grading. That must be approved through a preliminary work authorization process in accordance with section 10.02.04.4.f. If for any reason the underlying SDP or PPL is not approved, the property owner will be responsible for revegetation of the site in accordance with Section 4.06.04.A.1.a.vii. R0. Removal of living or dead standing vegetation with a bald eagle nest. Permits, if 5 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions\BCC Amendments for 092512 \3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Text underlined is new text to be added. Te)d StFiketh Mugh in ent te)d to he deleted Bold text indicates a defined term required, shall be provided from the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service authorizing the removal of the nest, in accordance with state and federal permit requirements, prior to issuance of a County permit. Removal of vegetation containing an active, inactive or abandoned nest may be allowed when: 1. The vegetation is located on a single - family lot, and is located in such a manner that either: a. the principal structure cannot be constructed, or b. access to the property is impeded. 2. The protected vegetation poses an imminent threat to human safety or an adjacent principal or accessory building. 3. The vegetation is located outside of a preserve or an area used to fulfill the native vegetation preservation requirements of this Code. # # # # # # # # # # # # # 6 L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Huthor Revisions \BCC Amendments for 092512\3 05 02 E 3 05 05 Exemps from Reqs for Veg_Mangrove Permit 082812.docx LDC Amendment Request ORIGIN: Board Directed Text underlined is new text to be added. Text Gt.'Lnth.n nh 'n ent text to he deleted Bold text indicates a defined term AUTHOR: Raymond V. Bellows, Zoning Manager, Land Development Services DEPARTMENT: Land Development Services AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 1.08.02 Definitions — Portable Storage Container [new] 5.03.07 Portable Storage Containers [new section] 10.02.03 Submittal Requirements for Site Development Plans Revised 8/29/12 CHANGE: Section 5.03.07 Portable Storage Containers is a proposed section to the Accessory Uses and Structures section of the LDC. The amendment provides supplementary standards and regulations to allow for portable storage containers to be permitted as an accessory structure in the Rural Agricultural, Estate, Commercial, and Industrial zoning districts. The provision outlines setback and numerical requirements as well as limitations on use, size, and screening standards. A definition for `portable storage container' has been introduced to allow for uniform regulation of containers by the LDC. It is further proposed that additional language; is added to section 10.02.03 Submittal Requirements for Site Development Plans, which outlines what types of development require a site development plan. This amendment proposes a provision to allow accessory structures that are less than 400 square feet, in aggregate, to submit a survey or plan that demonstrates zoning compliance in place of a' site development plan. Accessory structures greater than 400 square feet or accessory structures that result in over 400 square feet in aggregate must submit a site development plan, pursuant to section 10.02.03. For the purposes of this amendment, this section would apply to Commercial and Industrial zoning districts. REASON: Tuesday, September 27, 2011 the Board of County Commissioners discussed several proposed LDC amendments presented by Code Enforcement, including one for portable storage containers. The Board directed staff to prepare and publically vet an amendment to allow for portable storage containers to be an accessory structure in the Rural Agricultural and Estate districts. In conjunction with the amendment, a stay on enforcement was approved by the Board for containers in the Estate district (9/27/11 BCC Meeting Minutes, pg. 200). Staff further proposes to provide standards for the Commercial and Industrial districts. As stated in the September 27th Executive Summary, this amendment proposes to eliminate confusion regarding portable storage containers, and other similar product names, on properties zoned Rural Agricultural, Estate, Commercial, and Industrial. Due to the need of many property owners to store their agricultural and lawn maintenance equipment in a cost effective manner, there is a need to provide low cost alternatives for storage. In the past, the County has at times permitted portable storage containers on some Rural Agricultural and Estate properties while at other times prohibiting them. Those that were I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \5 03 07 Portable Storage Containers 082812.docx 8/29/2012 2:49:38 PM Text underlined is new text to be added. Bold text indicates a defined term permitted were reviewed and approved by the Building Department for compliance with Florida Building Code and by the Zoning Services Department for compliance with setback standards. The containers were permitted as a permanent structure designed by a licensed structural engineer or architect and met the criteria outlined for an Accessory Structure, Florida Building Code and section 4.02.01 of the Code. Under the Florida Building Code, a certified engineer or architect maintains the ability to sign and seal plans which identify a portable storage container as a structure that meets the criteria for an Accessory Structure. The purpose of this amendment is to allow for portable storage containers to be permitted as an accessory structure as a low cost alternative to signed and sealed plans and to provide standards in the LDC to ensure compatibility with the community and adjacent property owners. Therefore, depending on the zoning district, containers shall be limited in number with the aim of preventing over utilization of containers that could change the character of the zoning districts. Furthermore, in order to improve compatibility with the adjacent properties, it is proposed that storage containers be restricted to the rear yard and required to meet setbacks applicable to a principal structure. Section 10.02.03 Submittal Requirements for Site Development Plans ensures compliance with the appropriate land development regulations and growth management plan prior to the issuance of a building permit. Subsection 10.02.03 A.2 provides a list of development types which do not necessitate a site plan or site improvement plan. The amendment proposes to add accessory structures which are less than 400 square feet in aggregate to this list. Those over 400 square feet in aggregate shall be required to submit a site development plan pursuant to the section. Detailed in the proposed language is a list of items that shall be included in the required survey or plan which demonstrates zoning compliance. Public Vetting: Public vetting of this amendr. Development Services Advisc subcommittee. The LDR provid( Following approval by DSAC o 30, 2012 LDC In Focus meet community members to provic Ramsey, with the Golden ( recommendations for portable The letter was signed by Mr. Ga, ;nt began on November 14, 2011 with approval from the r Committee (DSAC) Land Development Review (LDR) comments and approved an early draft of the amendment. January 4, 2012, the amendment was discussed at the January g. A series of In Focus meetings have been organized for input and ask questions. At the January 30'' meeting Mr. to Area Civic Association, presented a letter outlining )rage containers in the Rural Agriculture and Estate districts. iy, President of the Golden Gate Area Civic Association. Friday, April 13, 2012 the Planning Commission approved the amendment unanimously during a LDC Amendment Special Session meeting. On Thursday, May 10, 2012 the fourth LDC Amendment In Focus meeting was held and additional public comments were made regarding the proposed amendment. Thursday May 17, 2012 this amendment was requested to be re- reviewed by Mr. Gaddy, stating "in the best interest of the public ... a Public Information meeting on this amendment" be held (Letter to Commissioner Strain from Mr. Gaddy dated May 16, 2012). Mr. Gaddy also 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 07 Portable Storage Containers 082812.docx 8/29/2012 2:49:38 PM Text underlined is new text to be added. Te.h stFiketh Fe. yeti 46 nt te)d to he deleted Bold text indicates a defined term "requested that the Planning Commission accept public comment in a reconsideration of its previous action [of approval]." The Planning Commission accepted this request. A community meeting for Estates District residents was held on Wednesday, June 13, 2012 from 6:00 p.m. - 7:30 p.m. at the University of Florida IFAS Extension Center. Twenty -seven community members attended the meeting. County staff from Land Development Services, the Building Department, and Code Enforcement attended the meeting to answer questions. The event contained a brief PowerPoint presentation regarding the purpose and intent of the amendment as well as feedback that had been provided to staff by the Golden Gate Area Civic Association and the Homeowner Association of Golden Gate Estates. Following the presentation, attendees were welcome to ask staff questions and provide comments which were compiled on large easel pads. Discussion lasted for over an hour. Support and opposition has been expressed regarding this amendment. Supplemental Information: Thursday, July 19, 2012 the Planning Commi include several new provisions and the revised re- review. Following the review of the revised the amendment to be publically vetted by homeowners associations located within or adj recommendation to the Board of County Comm ion directed that the amendment be revised to mendment be presented to the Commission for mendment the Commission gave direction for ommunity members, civic associations, and ;ent to the Estate district prior to a providing a sioners. At the meeting the Planning Commission requested the following changes: 1) Add a screening requirement for the Estate zoning district; 2) Provide information regarding the enforcement of the standards for containers by County Code Enforcement; 3) Describe the available sizes and dimensions of the containers; 4) Identify the temporary uses currently allowed by the LDC; 5) Change the screening requirement for containers located in industrial zoning districts to screening for containers which are located more than 200 feet from non - industrial zoned property; and 6) Change in the limitation on container size from 480 square feet to 400 square feet; The requested information has been provided below and incorporated into the amendment. Screening in the Estate zoning district Please see Attachment 1: Elevations and Plan Views of Screening Alternatives for the Estate Zoning District. Enforcement of the regulations pertaining to portable storage containers Enforcement of noncompliant containers would be complaint driven. If a complaint is received, Code Enforcement would identify whether the owner obtained a building permit from the County and if the container complies with the provisions of the LDC, such as location on the site, setbacks, screening, and size. Further, the containers are proposed as an accessory structure and as such, are regulated by the Collier County Property Maintenance Code, 2004 -58. Within the Property Maintenance Code, two sections regarding compliance with housing standards and 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 03 07 Portable Storage Containers 082812.docx 8/29/2012 2:49:38 PM Text underlined is new text to be added. Te)d st*eiL.Mugh is GUFFent te)d to he deleted Bold text indicates a defined term responsibilities of owners of nonresidential structures, vacant buildings, vacant structures, and vacant or unimproved lots would be utilized for enforcement of container standards. Noted below are the Property Maintenance Code provisions which relate to accessory structures: For residential: Section Six: Compliance with housing standards All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 12. Exterior and Interior Structures of Dwelling Units n. ACCESSORY STRUCTURE - All accessory structures shall be maintained and kept in good repair and sound structural condition. (pg. 9) For non - residential: Section Sixteen: Responsibilities of Owners of Nonresidential Structure, Vacant Buildings, Vacant Structures, and Vacant or unimproved lots. All owners of nonresidential structures, vacant buildings, vacant structures, or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: n. Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition. (pg. 18) In addition to the Property Maintenance Code, the required building permit and application would also provide a level of assurance the container meets the requirements. LDC section 10.02.06 Building or Land Alteration Permits states "No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code..." Dimensions of portable storage containers Portable storage containers and are manufactured in various sizes, including 20 foot, 40 foot, 45 foot, 48 foot and 53 foot. Container dimensions have been standardized to allow for easy stacking and transfer from ships, trucks, and trains. The containers dimensions have become standard globally under the oversight of the International Organization for Standardization (ISO) in 1961. Table 1 identifies the most commonly used sizes are the 20 foot and 40 foot, the later being the most frequently used container in the industry (World Shipping Council, www.worldshipping. org). 4 L \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 03 07 Portable Storage Containers 082812.docx 8/29/2012 2:49:38 PM Text underlined is new text to be added. Te)d StFiketh FG gh in suFFent ♦e)d to be deleted Bold text indicates a defined term Table 1. ISO Container Dimensions ISO Type Container Length (feet) Intermodal Width (feet) Intermodal Height (feet) Area (square feet) 20' 19,101, 8'0" 8' to 8'6" Approx 160 40' 40' 8'0" 8' to 8'6" 320 Sources: W &K Container. Accessed August 2, 2012 www .oceancontainer.com /specs.html, S. Jones Container Services Accessed August 8, 2012 www.sjonescontainers.co.uk /dimensions.htm, World Shipping Council. Accessed August 8, 2012 www.worldshipping.org Another type of storage container is the name brand PODSO. Table 2 identifies the dimensions for PODSO. Table 2. PODSO Dimensions Type Exterior Length Exterior Width Exterior Height 7' container 7' 7' 8' 12' container 12' 8' 8' 16' container 16' 8'' 8' Source: PODS website. Accessed August 2, 2012 www.pods.com/Storage/Storage-Containers-I01 as x Uses and Standards for Portable Sty Currently, the LDC allows portable several circumstances. Two memo clarify the intent of the Code, were temporary and permanent uses and describes the current and proposed The information presented is comy amendment, as well as the Florida E Containers: Current and Proposed standards tge containers as temporary and permanent structures in um, which were produced by the Zoning Director to ten on October 2, 2003 and July 3, 2006 to identify the dards for a portable storage container. Table 3, below, Table uses and standards, for portable storage containers. from the two memorandums, Attachment 2 and 3, the 5 1:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 03 07 Portable Storage Containers 082812.docx 8/29/2012 2:49:38 PM Text underlined is new text to be added. Te)d StFkethm h' L text L be deleted. [2-1,1 Vev4 inrA i..n Li.n ...A..[:......1 Table 3. Use of portable storage containers: Current and Proposed standards Use Type Zoning Current Uses and Standards Proposed Use and Standards Temporary Non- Allowed for special events on a non- • No change. Use — Residential residential* site (maximum 28 days, Temporary with possible additional days following Permit BCC approval). The location of the Required container must not interfere with required parking, landscaping, site circulation, or fire apparatus access. (LDC section 5.04.00) Temporary All Allowed at a construction site with an • No change. Use — No approved building permit/ development Temporary order until a CO is issued (including Permit residential sites). (Florida Building Required Code, 102.2 (d)) All Allowed for occupants moving into /out • No change. of a house/business. (2003 Zoning Director memorandum) Permanent Commercial/ Allowed for storage on a commercial or . Proposes to allow containers in Industrial industrial site. Containers must be all commercial /industrial sites. located within a building or within an . Proposes accessory structures in approved, enclosed outdoor storage aggregate of or less than 400 sq. area. A SIP/ SDPI/ SDPA is required. ft. submit a plan or survey. (2003 Zoning Director memorandum, Accessory structures in LDC sections 2.03.03 Commercial aggregate over 400 sq. ft. shall Zoning Districts, 2.03.04 Industrial require a SDP approval pursuant Zoning Districts) to section 10.02.03. • Proposes standards outlined in amendment. Agricultural Allowed in conjunction with a bonafide • Proposes to allow containers on agricultural use. Properties must consist property with a bona fide of at least 5 acres, meet required agricultural use. setbacks for permanent structures, and . Proposes quantity allowed based not encroach into a road right -of -way or on acreage. easement. (2003 Zoning Director . Proposes that Estates zoned memorandum) property with a bona fide agricultural use would be exempt from the Estates Screening provision. All Allowed as an accessory structure and • Proposes to allow containers in considered a "shed." The building Estates zoning district, as an permit requires submitting plans that are accessory structure. signed and sealed by a certified . Proposes standards outlined in engineer /architect. (Florida Building amendment. Code) Prohibited Residential Allowed as an accessory structure and • Proposes to expressly prohibit as considered a "shed." The building containers as a permanent Permanent pen-nit requires submitting plans that are accessory structure. Structure signed and sealed by a certified engineer /architect. (Florida Building Code) * Estates zoned property is non - residential. L \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 07 Portable Storage Containers 082812.docx 8/29/2012 2:49:38 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Text underlined is new text to be added. Te.h ntFikethrn nh is ent te)d to he deleted Bold text indicates a defined term Following the review of the Planning Commission on Thursday, August 16d, the following modifications have been made to the proposed amendment: 1. A provision has been added to the setback criteria, 5.03.07 C, to ensure that portable storage containers do not break the side plane of principle structures on adjacent properties. A Plan View diagram is included in the packet. 2. Changes to the Estate screening standards: a. The first Estate district screening standard has been modified to reflect the vegetative elements of a Type B buffer, outlined in section 4.06.02 Buffer Requirements. Resolution 2008 -66 was utilized as the model. b. The exclusion of chain link fence for screening purposes has been removed. c. A requirement that fences be 6 feet has been added. d. The 100 percent opacity for vegetation has been reduced to 80 percent. 3. A provision has been added to the commercial and industrial district screening standards which require the landscaping to be 80 percent opaque within 1 year of the planting. 4. A change in maximum square footage from 400 square feet to 320 square feet or less. This restricts a container to be no larger than a 40 foot ISO container which has a floor area of 320 square feet. FISCAL & OPERATIONAL IMPACTS: The fiscal impacts are limited to the cost of a tie - down permit including review and inspection. Providing an SDP exemption for accessory structures less than 400 square feet, including Portable storage containers, will reduce the number of SDPI and SIPI applications and minimize costs for applicants. RELATED CODES OR REGULATIONS: LDC Ordinance No. 06 -07, § 3.F; Ord. No. 07 -67, § 3.J; Ord. No. 08 -63, § 3.J) GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTESNERSION DATE: Prepared by Raymond V. Bellows, Zoning Manager, Growth Management Division on October 21, 2011; Edited February 14, 2012, June 28, 2012, July 5, 2012, August 8, 2012, August 29, 2012 Amend the LDC as follows: 1.08.02 Definitions Portable storage container - A standardized transportable structure desicaned for the shiooina of cargo via ship, railroad, or transport vehicle and constructed of steel and some wood. The re- sealable structure may be used for the storage or shipment of items, including but not limited to, household goods, building materials, equipment, or merchandise. This shall include shipping containers and portable on- demand storage (PODS). This shall exclude structures such as storage sheds that are assembled on site or pre- manufactured, roll off trash bins, trucks, trailers, or rail cars. # # # # # # # # # # # # # 5.03.07 Portable Storage Containers 7 LTDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 07 Portable Storage Containers 082812.docx 8/29/2012 2:49:38 PM Text underlined is new text to be added. TeA ctr'Ledhrn gh is nt te)d to be .deleted Bold text indicates a defined term 1 A. Intent. These supplementary standards regulate the placement of portable storage 2 containers. These standards apply to all portable storage containers to be used as an 3 accessory structure. Permitting procedures are provided in the Administrative Code and 4 LDC subsection 10.02.03 A.2.i. 5 B. Zoning Limitations. Portable storage containers may be permitted on conforming lots 6 of record, provided in section 4.02.01, in the following zoning districts: 7 1. Rural Agricultural (A) zoning district. Limit of 1 container per lot or parcel. 8 a) Lots 20 acres or larger are limited to 1 container per 10 acres, not to 9 exceed a total of 5 containers. 10 b) Containers used in conjunction with a bona fide agricultural use shall not 11 be limited in number. 12 2. Estate (E) zoning district. Limit to 1 container per lot. 13 3. Commercial and Industrial zoning districts. Number shall be limited to site 14 constraints. 15 4. Portable storage containers are prohibited in residential zoning districts, but may 16 be allowed as a temporary structure per section 5.04.00. 17 Q. Setbacks. Portable storage containers shall be placed in the rear of the principal 18 structure and meet the required setbacks for a principal structure. The location of a 19 portable storage container shall not break the side plane of a principle structure on an 20 adjacent property. Containers on corner lots of record shall be placed to the side of the 21 principal structure and meet the required' - setbacks for a principal structure. No 22 container shall be located closer to the abutting road than the principal structure. 23 D. Limitations on Use. 24 1. Portable storage containers`- permitted under this section shall be used solely 25 for the storage of materials' and goods related to the principal use of the property. 26 2. Containers shall not be used for human occupancy and shall not be connected to 27 any utilities, including electric. 28 E. Size. 29 1. Maximum floor area: 320 square feet or less per container. 30 2. Maximum height: 8 feet 6 inches. Vertical stacking of containers is prohibited. 31 F. Screening. 32 1. Screening in the Estate zoning district. Portable storage containers shall be 33 screened with one of the following standards: 34 a. Vegetative hedge consisting of a minimum of ten gallon plants five feet in 35 height, three feet in spread, and spaced a maximum four feet on center at 36 planting. The hedge shall be 80 percent opaque within 1 year of planting. 37 b. An opaque fence, 6 feet in height, installed around the perimeter of the 38 storage container. 39 C. Existing vegetation consisting of hedging, palms, and trees that creates 40 80 percent opacity. 41 d. An existing opaque fence, 6 feet in height, which obscures the container 42 from adjacent property lines. 43 e. Exceptions to this provision include: 44 i. The container is not visible from adjacent property lines. 45 ii. Portable storage containers that are used 100 percent for a 46 bona fide agricultural use. 47 2. Screeninq in industrial and commercial zoning districts. All containers shall be 48 screened from view of adjacent property owners and streets. Screening may 49 consist of a fence, wall, landscaping, or combination thereof. Landscaping shall 50 be 80 _percent opaque within 1 year of planting. Containers in industrial zoning I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 07 Portable Storage Containers 082812.docx 8/29/2012 2:49:38 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Text underlined is new text to be added. Text ntrikethrough is nt text to he deleted Bold text indicates a defined term districts that are located more than 200 feet from non - industrial zonina districts are not required to provide screening, G. Additional requirements for Commercial and Industrial zoning districts. 1. Location. Containers shall not be located in required landscape areas, open space, stormwater management facilities, drive aisles, required parking spaces, fire lanes, loading zones, or any other locations that may cause hazardous conditions, constitute a threat to the public safety, or create a condition detrimental to surrounding land uses and developments. # # # # # # # # # # # # # 10.02.03 Submittal Requirements for Site Development Plans * * * * * * * * * * * * * A. Generally. 1. Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions there from: a. Single- family detached and two - family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development). b. Townhouses developed on fee simple lots under individual ownership, provided that a fee simple townhouse plat is approved in accordance with the provisions of section 10.02.04.6.4. C. Underground construction; utilities, communications and similar underground construction type activities. d. Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump- houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. e. Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 5.04.03 E. Model homes and sales centers, except as otherwise provided by section 5.04.04 f. Project entryway signs, walls, gates and guardhouses. g. Signage proposed for the project in conformity with section 5.06.00, the Collier County Sign Code, for the site development or site improvement plan. h. Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be 9 I:\LDC Amendment 2012 Cycle 1 \Amendment Revisions \Author Revisions \5 03 07 Portable Storage Containers 082812.docx 8/29/2012 2:49:38 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Text underlined is new text to be added. Text St FiketkG gh is eRt teXt to be deleted Bold text indicates a defined term required). For the purposes of review fees only, this plan shall be treated as a conceptual site development plan, and the applicable review fee shall apply. i. Minimum landscape buffering. Under certain circumstances with neighborhood parks, there may be underlying health, safety and welfare concerns that necessitate deviation from the buffering required in section 4.06.02. The County Manager or his designee will determine, on a case -by -case basis, whether such deviation is necessary. This determination will be made upon a request for determination from the applicant, which must include all reasons that would justify the deviation. The County Manager or 4& designee will use factors including, but not limited to, the following when making a determination for deviation: (a) The geographic location of the neighborhood park (b) The effects that a lack of buffering will have on neighboring uses; and (c) The need to ensure that the public safety is maintained by providing law enforcement and other policing entities clear view of the activities occurring on the park premises. While the above land use activities shall be exempt from the provisions of section 10.02.03, these land use activities are subject to all other provisions of the Land Development Code such as but not limited to landscaping (with the exception of g., as listed above), tree removal, development standards and the submission requirements attendant to obtaining temporary use and building permits. i. Accessory Structures that are less than 400 square feet in aggregate shall be subject to approval of a survey or plan that demonstrates zoning compliance. The survey or plan shall be drawn to scale and delineate the dimensions and shape of the lot, existing improvements, public easements, the location and size of the proposed accessory structure(s), the distance of the proposed accessory structures from the adjacent property lines and structures, and any required screening. Accessory structures over 400 square feet, or additional accessory structures that result in over 400 square feet in aggregate, even if requested under separate applications, shall require Site Development Plan approval pursuant to section 10.02.03. # # # # # # # # # # # # # 10 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 07 Portable Storage Containers 082812.docx 8/29/2012 2:49:38 PM Attachment 1 LDC Amendment 5.03.07 Portable Storage Container: Plan View of Side Plane Standards for the Estates Zoning District 150' 150' 150' 75' REAR YARD I ( SETBACK I I PORTABLE O O STORA6Ew� O O PREPARED BY: GIS /CAD MAPPING DEPARTMENT GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION DATE 8/2012 FILE: LDC- 2012 -6.DWG Text underlined is new text to be added. Te)d stFikethm Leh is not text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Nick Casalanguida, Administrator, Growth Management Division DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 1.08.02 Definitions — Portable Storage Container [new definition] 5.03.07 Portable Storage Containers [new section] CHANGE: To create a new section in the LDC that expressly prohibits portable storage containers in all zoning districts and provides an exceptions and standards for the following: • Containers shall be allowed in conjunction with a bona fide agricultural use; • Containers shall be allowed as a permanent accessory structure for storage in a commercial or industrial zoning district and located within an approved enclosed outdoor storage area; • Containers shall be allowed at a construction site; • Containers shall be allowed as part of a special event; and • Containers shall be allowed in residential sites for moving of one's residence for the temporary storage of household goods and related items, not to exceed 30 days per calendar year. An additional provision also allows the County Manager or designee to grant an extension for a temporary use permit for a portable storage container in a residential site for more than 30 days, provided the property owner demonstrates there are extenuating circumstances to justify the extension. The extension shall not exceed 6 months. REASON: Support and opposition has been expressed by the community in response to the Board directed LDC Amendment 5.03.07 Portable Storage Containers, which proposes to allow portable storage containers as permanent accessory structures in the Estate, Commercial, and Industrial zoned districts. On Thursday, August 16, 2012 the Planning Commission's discussed an alternative to the amendment described above. This LDC amendment is in response to this discussion and proposes to codify the existing Staff Clarifications for portable storage containers and includes several additional provisions. FISCAL & OPERATIONAL IMPACTS: A permitting process is under consideration. RELATED CODES OR REGULATIONS: LDC Section 5.04.00 Temporary Uses and Structures GROWTH MANAGEMENT PLAN IMPACT: N/A 1 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \5 03 07 Portable Storage Container Alternative 090612.docx Caroline Cilek 9/6/2012 7:49:35 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Text underlined is new text to be added. Text rt.iketh FE)ugh is ..t te)d to be deleted Bold text indicates a defined term OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, September 5, 2012 Amend the LDC as follows: 1.08.02 Definitions Portable storage container —A standardized transportable structure desianed for the shiogina of cargo via ship, railroad, or transport vehicle and constructed of steel and some wood. The re- sealable structure may be used for the storage or shipment of items, including but not limited to, household goods, building materials, equipment, or merchandise. This shall include shipping containers and portable on- demand storage (PODS). This shall exclude structures such as storage sheds that are assembled on site or pre- manufactured, roll off trash bins, trucks, trailers, or rail cars. 5.03.07 Portable Storage Containers A. Portable storage containers shall be prohibited in all zoning districts except as provided below: 1. Containers shall be allowed in conjunction with a bona fide agricultural use, Provided they meet all required setbacks. 2. Containers shall be allowed as a permanent accessory structure for storage in a commercial or industrial zoning district. Containers must be located within an approved enclosed outdoor storage area, pursuant to section 4.02.12. 3. Containers shall be allowed at a.construction` site, as provided for in section 5.04.03. 4. Containers shall be allowed as part of a special event, as provided for in Section 5.04.05 A. The location must not interfere with required parking, landscaping site circulation or fire apparatus access. 5. Containers shall be allowed in residential sites for moving or for the temporary storage of household goods and related items, not to exceed 30 days per calendar year. The County Manager or designee may grant the placement of a portable storage container in a residential site for more than 30 days, provided iastify the extension. The extension shall not C. Additional standards. ,ceed 6 months. 1. Maximum floor area: 320 square feet or less per container. 2. Maximum height: 8 feet 6 inches. Vertical stacking of containers is prohibited. 3. Containers shall not be connected to any utilities, including electric. # # # # # # # # # # # # # 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \5 03 07 Portable Storage Container Alternative 090612.docx Caroline Cilek 9/6/2012 7:49:35 AM Attachment 2 RESOLUTION NO. 08 -66 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DIRECTING THE COUNTY MANAGER OR DESIGNEE TO APPLY THE SEVENTY -FIVE (75) FOOT REAR YARD SETBACK FOR ACCESSORY STRUCTURES FOR THE ESTATES ZONING DISTRICT; PROVIDING FOR NONCONFORMING ACCESSORY STRUCTURES; REQUIRING BUFFERING FOR ACCESSORY STRUCTURES UNDER CONSTRUCTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Zoning Director has opined that prior to 1991, there were conflicting provisions in the Zoning Ordinance (Ord. No. 82 -2, as amended) concerning rear yard setbacks for accessory structures in the Estates (E) Zoning District; and WHEREAS, the Collier Count Land Development Code (LDC) since 1991 has required and still requires a seventy -five (75) foot rear yard setback for accessory structures in the Estates (E) Zoning District; and WHEREAS, since the early 1980's, there has been an historic departure in the application of this rear yard setback requirement, with staff applying a ten (10) foot rear yard setback for accessory structures in the Estates (E) Zoning District; and WHEREAS, the LDC was never amended to reflect staff's application of the ten (10) foot rear yard setback for accessory structures in the Estates (E) Zoning District; and WHEREAS, a recent Code Enforcement complaint concerning an accessory structure has brought this historic staff policy to the attention of the Zoning and Land Development Review staff; and WHEREAS, on February 26, 2008, staff has brought this matter to the Board of County Commissioners for direction as to the application of the rear yard setback for accessory structures in the Estates (E) Zoning District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The County manager, or designee, is hereby directed to apply the setbacks for accessory structures in the Estates (E) Zoning District until such time as the Land Development Code is clarified as follows: Page I of 2 2008. A. The seventy -five (75) foot rear yard setback for accessory structure in the Estates (E) Zoning District shall apply to all accessory structures which may be constructed after February 26, 2008, and which have not been issued a building permit as of February 26, 2008. B. All accessory structures in the Estates (E) Zoning District, which structures were issued a Certificate of Occupancy (CO) prior to February 26, 2008, shall be considered legal, nonconforming structures. C. All accessory structures in the Estates (E) Zoning District for which a building permit has been issued and that are under active construction as of February 26, 2008, may proceed with construction utilizing the ten (10) foot rear yard setback. Type B Landscape Buffer, as to vegetative requirements only, must be installed between the accessory structure and the rear property line. BE IT FURTHER RESOLVED that this Resolution shall take effect as of February 26, THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this k k N�^ day of NADArm6, 2008. ATTEST: DWIG -LIT E. BIWC� CLERK By: At t" uty Clerk Signs in OAI• as to form and Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Page 2 of 2 Text underlined is new text to be added. Te.h strikeil.. ugh is ent te)d to he deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Reed Jarvi, Transportation Plan Manager and Laurie Beard, Planner — PUD Monitoring, Land Development Services DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy CHANGE: Currently, when PUD property owners file a PUD annual monitoring report regarding their development one of three options for traffic counts must be included with the report. The options are: traffic counts, payment in lieu of traffic counts or a traffic count waiver. The proposed amendment allows property owner(s) to file a onetime fee for traffic counts based upon the number of access points within the PUD. Further, it is recommended that this section is moved to Section 10.02.13 F allowing for consolidation of all PUD monitoring requirements. REASON: The proposed amendment to the Annual Traffic /PUD Monitoring Report section will enable the property owner and future Homeowner Associations, Property Owners Associations, etc. to avoid the expense of filing a Traffic Count Report annually until the PUD is fully built - out. These are done on an annual basis until the PUD goes through the close out process and can be costly to the various associations. The funds generated by the traffic count fees will be used to purchase and maintain permanent traffic count stations located within Collier County. FISCAL & OPERATIONAL IMPACTS: Fiscal and operational impacts for the referenced PUD property owners is reduced as a traffic report will no longer be required to be filed annually. Other considerations regarding this amendment include: The changes would be retro- active for PUD's approved as of the adoption date of the amendment. Approved PUD's that are not fully developed or that have not performed their first traffic count and/or first payment in lieu of traffic counts, a onetime payment shall apply. For PUD's that have already done at least one traffic count or made at least one payment in lieu of traffic counts, this obligation would be considered fulfilled and no further traffic count or payment in lieu of traffic counts would be necessary. Fiscal and operational impacts for the County include reduced staff time in reviewing the reports and changes in revenue. Under the proposed amendment, fees will be issued at $500 per entrance to the PUD. This revenue will be available to purchase and maintain permanent traffic count stations within the County. I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions\BCC Amendments for 091112 \10 02 07 C 1 b PUD Monitoring_Part 11 082812- BCC.docx 8/29/2012 8:26 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Text underlined is new text to be added. Bold text indicates a defined term RELATED CODES OR REGULATIONS: LDC Amendment 10.02.13. F.1. PUD Monitoring (Part I) GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, Senior Planner, Land Development Services, October 19, 2011; Edited March 23, 2012, June 27, 2012, August 6, 2012, August 28, 2012 Amend the LDC as follows: 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy * * * * * * * * * * * * C. Certificate of public facility adequacy. General. a. Payment of road impact fees to obtain a certificate of adequate public facilities. * * * * * * * * * * ■ . 0 ■ Mor NOW. Ift-MMY-ft ■ 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \BCC Amendments for 091112 \10 02 07 C 1 b PUD Monitoring_Part 11 082812- BCC.docx 8/29/2012 8:26 AM - .. IN' arm- 01, - 61. - MR.r. _ .. Ti pill jill ■ . 0 ■ Mor NOW. Ift-MMY-ft ■ 2 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \BCC Amendments for 091112 \10 02 07 C 1 b PUD Monitoring_Part 11 082812- BCC.docx 8/29/2012 8:26 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Te)d ntFiketL.Fough in ent te.h to be deleted Bold text indicates a defined term G) there has been ne ontiyity in neFthens of the PUD 'nn v0A RAtaFized statement r to r � pest treffio nog ant waiver c �cuceri�eFlt- -irrTe�uire� cv- re�uc�c -a cr stating one (1) of the reasens abode. bv�-. The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un -built units and declare themselves "built -out" in order to satisfy all reporting requirements. The applicant shall be responsible for any documentation required to verify the status of the PUD when requesting a waiver or a determination of "built -out" status. C. Where the proposed development has been issued final subdivision plat approval or final site development plan approval, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. d. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Upon notice by facsimile or other approved electronic format that an application for a final local development order and a certificate have been approved and prior to expiration of the temporary, 1 -year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 CAA., an applicant may pick up the certificate upon payment of the estimated transportation impact fees due in accordance with section 10.02.07 C.1.a. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within the timeline set forth above and the applicable estimated transportation impact fees paid, the application will be deemed denied and the certificate will be voided. In such a case, the applicant shall then be required to apply for an extension of the capacity reservation in accordance with section 10.02.07 CAA. If the size of the residential units is not known at the time of payment, the transportation impact fees for residential development will be estimated using the fee based on the mid -range housing size. Road impact fees paid to obtain a certificate of adequate public facilities are non - refundable after payment and receipt of the certificate of public facility adequacy certificate. Not later than 45 days prior to the due date of the next to occur annual installment for certificates issued subsequent to the effective date of this amendment, or not later than 90 days prior to the expiration of the 3 year period for certificates issued prior to the effective date of this amendment, the county shall notify the then current owner via certified mail of the amount due calculated in accordance with section 10.02.07 CA.a. If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the development estimated 3 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \BCC Amendments for 091112 \10 02 07 C 1 b PUD Monitoring_Part 11 082812- BCC.docx 8/29/2012 8:26 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Text underlined is new text to be added. Te..t Str'Letl.FO yeti is GUFFeRt te..t to he deleted Bold text indicates a defined term transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlements. # # # # # # # # # # # # # 10.02.13 Planned Unit Development (PUD) Procedures * * * * * * * * * * * * * F. Monitoring Requirements * * * * * * * * * * * * * 6. Traffic Count Monitorinq requirements. A onetime payment for permanent traffic count stations shall be due at the time of the first PUD Annual Monitoring Report following the first certificate of occupancy within the PUD. The payment shall be based upon the number of ingress and /or egress points (Access Points) based upon the conceptual Master Plan within the PUD Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Points are granted at any time, an additional payment of $500 per Access Point will be payable with the following Annual Monitoring Report. The Traffic Count monitoring requirement shall be considered fulfilled for all PUDs that have already provided at least one traffic count or payment in lieu of traffic counts. PUDs that have traffic count monitoring language tied to specific commitments within their ordinances shall remain in effect. # # # # # # # # # # # # # 4 LTDC Amendment 2012 Cycle 1\Amendment Revisions\Author Revisions \BCC Amendments for 091112 \10 02 07 C 1 b PUD Monitoring_Part 11 082812- BCC.docx 8/29/2012 8:26 AM Text underlined is new text to be added. Te.A stFikethro gh in ent te.A to be deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Public Services Division — Parks and Recreation Department AUTHOR: Barry Williams, Director, Parks and Recreation DEPARTMENT: Parks and Recreation AMENDMENT CYCLE: 2012 Cycle 1 LDC SECTION(S): 4.05.02 Design Standards 4.05.04 Parking Space Requirements CHANGE: At present, any development with over 200 parking spaces, including public parks, may surface fifteen (15 %) percent of the required off - street parking spaces in grass. Additionally, the County Manager may allow houses of worship and schools to use grass parking for up to seventy (70 %) percent of their parking spaces if it is determined that the paving will have a significant negative impacts (4.05.02 B.2). 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 proposed language outlines how grass parking spaces shall be reviewed for stormwater management calculations. The language seeks to provide flexibility for future paving needs by requiring adequate stormwater management facilities during the initial development phase. The provision states that grass parking in excess of fifteen (15 %) percent of the required off - street parking shall be considered impervious for Collier County and the South Florida Water Management District water management calculations. The fifteen (15 %) percent threshold maintains the standard for developers which utilize grass parking. 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 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. The United States Department of Agriculture recognizes that grass coverage can reduce the runoff rate of rain and water compared to a smoother surface, such as concrete or asphalt (Technical Release 55 Urban Hydrology for Small Watersheds, Second Ed. 1986). Permeable surfaces have also been recognized as a cool pavement. The surfaces allow air, water, and water vapor into the soil creating an evaporative cooling process. Grass surfaces in particular stay 1 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \BCC Amendments for 091112\4 05 02 Design Standards and 4 05 04 Parking Space Reqs 082812 -for CCPC.dOCX 8/29/2012 2:51 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Text underlined is new text to be added. Te)d stFiketh.n gh is Rt t )4 to be deleted. Bold text indicates a defined term cooler because the temperature of the vegetation is generally lower than the surrounding air temperature, particularly after rainfall. However, even when dry, the natural vegetation properties produce lower temperatures than other parking surfaces benefiting the ambient air temperature (Reducing Urban Heat Islands: Compendium of Strategies Cool Pavements, EPA 2008). The proposed relocation of Section 4.05.04 - Parking Space Requirements and consolidation of all grass parking provisions will improve the organization and make the LDC more user- friendly. FISCAL & OPERATIONAL IMPACTS: Grass parking costs considerably less than other pervious and impervious parking surfaces, making County park projects less costly. There are maintenance considerations for grass parking, such as irrigation or mowing. A full cost analysis has not been completed, but it is generally accepted that grass parking requires little maintenance if appropriately sited. RELATED CODES OR REGULATIONS: South Florida Water Management District regulations and Section 4.05.02 13.2 of the LDC. GROWTH MANAGEMENT PLAN IMPACT: No discernable impact. STAFF RECOMMENDATION: Growth Management Staff support the proposed language. A full review of the grass parking standards shall be conducted in conjunction with the future Low Impact Design (LID) Recommendations of the Watershed Management Plans. OTHER NOTESNERSION DATE: December 14, 2011, February 21, 2012, March 14; March 22, 2012; April 25, 2012, May 9, 2012, June 26, 2012, August 6, 2012, August 27, 2012 Amend the LDC as follows: Revised 8/28/12 4.05.02 Design Standards 1 Be c rfnned with asphalt, h'} m' n }e nr dustless } I d ma Rtained OR , , well gFadec YaRagel: Gr desig Ree a suitable 'T rfQ} elrif all (liFn v-rnnL n nTl CCed ) with , '} hl stabilized - subgrade mn-y be substituted for the abe o rnaterials. 2. 1Jp te seventy 0 dncin nee determines that the paving of some n all n Fkin J nn one f r ho se v f v GGunty a,Rager nr designee rrvay rer,,,•re that these padiin cn,•anen n } be paved. ^ I M b 3. 1paGe6 that aFe -ne� shall �e- EelTlpaGted, °} hilizell well .1 inert d cal lrfnned viii }h a du Fable gFa66 never. * * * * * * * * * * * * * B. Parking lots and spaces shall meet the following surfacing standards: 2 I:\LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \BCC Amendments for 091112 \4 05 02 Design Standards and 4 05 04 Parking Space Reqs 082812 -for CCPC.dOCX 8/29/2012 2:51 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added. Te.h stFiketh Fo gh in GUFFent te)d to he deleted Bold text indicates a defined term 1. Be surfaced with asphalt. bituminous. concrete or dustless material and maintained in smooth, well - graded condition. Upon approval of the County Manager or designee, a suitable material (lime rock excluded) with a suitable stabilized sub_grade may be substituted for the above materials. Driveways, handicapped spaces, and access aisles shall be paved. a. Grass Parking Spaces. Grass parking spaces may be used to satisfy the required off - street requirements of Section 4.05.04 in the following circumstances: i. Grass parking spaces shall be compacted, stabilized, well drained and surfaced with a durable and maintained grass cover. Driveways, handicapped spaces, and access aisles shall be paved. ii. Grass parking spaces in excess of 15 percent of the total required off- street Darkina shall be considered as an impervious surface in water management calculations for quality and quantity standards per the South Florida Water Management District and Collier County regulations. iii. Up to 70 percent of the parking spaces for houses of worship and schools may be surfaced with grass or lawn, when the County Manager or designee determines that the paving of some or all parking spaces for houses of worship and schools will have significant negative environmental impacts; iv. Parking lots in excess of 200 parking spaces may surface 15 percent of the required off - street parking spaces in grass. Such grass parking spaces shall be located along the outlying perimeter of the parking lot; V. Public Parks and similar private recreational facilities in residential developments may surface 70 percent of the required off - street spaces in grass. b. Re- establishment of paved parking. If in the opinion of the County Manager or designee, the grass parking spaces create an unsafe condition as evidenced by documented injuries or accidents, then the owner of any property may be required to replace some or all of the grass parking spaces with paved parking spaces that meet the standards of B.1 above upon receipt of written notice from the County. # # # # # # # # # # # # # 4.05.04 Parking Space Requirements * * * * * * * * * * * * * /9 C0%\ n.e.n. --4- —f 4- ,— n- -.. ;,— J e.ff ..a......a 1_.. ---- -- .... .. e....L.; —L, —LI-11 Ll- €D. Required off - street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right -of -way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. E. Required off - street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use 3 I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \Author Revisions \BCC Amendments for 091112 \4 05 02 Design Standards and 4 05 04 Parking Space Reqs 082812 -for CCPC.dOCX 8/29/2012 2:51 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Text underlined is new text to be added. Tevt stFikethrn nh is ent text to he deleted. Bold text indicates a defined term that it serves is discontinued or modified, or equivalent required off - street parking is provided meeting the requirements of this Code. 6F. Minimum requirement. 1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or other business shall be provided with at least one (1) off - street parking space, unless specific provision is made to the contrary. 2. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. #G. 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