CCPC Backup 08/16/2012 RCCPC
MEETING
BACKUP
DOCUMENTS
AUGUST 16, 2012
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, AUGUST 16,
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 TESTIMONY 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 July 19, 2012
6. BCC REPORT- RECAPS
7. CHAIRMAN'S REPORT
n 8. CONSENT AGENDA ITEMS
A. PUDZ- PL20110000406: Brynwood Center -- An Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land
Development Code, which established the comprehensive zoning regulations for the unincorporated area
of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from an Agricultural (A) zoning district with an "ST"
overlay to a Commercial Planned Unit Development (CPUD) zoning district for a project to be known as
the Brynwood Center CPUD to allow construction of a maximum of 145,000.,, square feet of retail and
office uses which include a maximum of 25,000 square feet of retail and a maximum of 60,000 square feet
of medical office uses. Also permitted are hotel and motel uses at 20 units per acre and group housing
(assisted living facility and independent living units) at a floor area ratio of 0.6. For each acre of group
housing or hotel or motel use, 10,626 square feet of retail or office use shall be subtracted from the total
amount of allowable commercial square footage. The project is located on the south side of Pine Ridge
Road, approximately 980 feet east of the intersection of Livingston Road and Pine Ridge Road in
Section 18, Township 48 South, Range 26 East, Collier County, Florida consisting of 13.65 + /1 acres; and
by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner]
9. ADVERTISED PUBLIC HEARINGS
10. NEW BUSINESS
A. ST- PL20120000168: Wiggins Pass Maintenance Dredging and Navigation Improvement Project
Special Treatment Permit. [Coordinator: Stephen Lenberger]
B. Presentation of the Collier County Inventory of Shelter Space availability by Emergency Management,
as required by the Growth Management Plan (GMP). This information was requested during one of the
Planning Commission's review of the 2011 Collier County EAR. [Coordinator: Mike Bosi]
11. OLD BUSINESS
A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Senior Planner]
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
CCPC Agenda/Ray Bellows /jmp
rAT
GOAL 10: THE COUNTY SHALL PROTECT, CONSERVE, MANAGE, AND
APPROPRIATELY USE ITS COASTAL BARRIERS INCLUDING
SHORELINES, BEACHES AND DUNES AND WILL PLAN FOR, AND
WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH
ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES.
(IV) OBJECTIVE 10.1:
Priorities for shoreline land use shall be given to water dependent uses over water related land
uses and shall be based on type of water - dependent use, adjacent land use, and surrounding
marine and upland habitat considerations. The Collier County Manatee Protection Plan (NR -SP-
93 -01) May 1995 restricts the location of marinas and may limit the number of wet slips, the
construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting
criteria.
(VI) Policy 10.1.1:
Priorities for water - dependent and water - related uses shall be:
a. Public recreational facilities over private recreational facilities;
b. Public Boat Ramps;
C. Marinas
1. Commercial (public) marinas over private marinas;
2. Dry storage over wet storage;
d. Commercial fishing facilities;
e. Other non - polluting water - dependent industries or utilities;
f. Marine supply /repair facilities;
g. Residential development.
Policy 10.1.2:
No deep water ports shall be allowed.
(VI) Policy 10.1.3:
In order to minimize the destruction or disturbance of native vegetative communities, the
following priority ranking of shoreline development shall apply:
a. areas presently developed;
b. disturbed uplands;
C. disturbed freshwater wetlands;
d. disturbed marine wetlands;
e. viable, unaltered uplands;
f. viable, unaltered freshwater wetlands;
g. viable, unaltered marine wetlands.
(VI) Policy 10.1.4:
New marinas shall conform to the following criteria:
a. Marinas must provide vehicular parking and sewage pump -out facilities;
b. Fueling facilities shall be designed to contain spills from on -land equipment and
shall be prepared to contain spills in the water.
(VI) = Plan Amendment by Ordinance No. 2007 -16 on January 25, 20.07
43
C. Marina facilities must be accessible to all public services essential to ensure their
safe operation.
d. Marinas and multi -slip docking facilities shall prepare hurricane plans for approval
which describe measures to be taken to minimize damage to marina sites and
neighboring properties and the environment; this hurricane plan shall be reviewed
and approved by the County.
e. Dry storage should be encouraged over wet storage.
(VI) Policy 10.1.5:
Marinas and all other water - dependent and water - related uses shall conform to all applicable
regulations regarding development in marine wetlands. Marinas and water- dependent/water -
related uses that propose to destroy wetlands shall provide for general public use.
(VI) Policy 10.1.6:
All new marinas, water - dependent and water - related uses that propose to destroy viable,
naturally functioning marine wetlands shall be required to perform a fiscal analysis in order to
demonstrate the public benefit and financial feasibility of the proposed development.
(VI) Policy 10.1.7:
Objective 10.1 and its accompanying policies and the LDC shall serve as criteria for the review
of proposed development within the "Special Treatment" ( "ST ") Zoning Overlay District.
OBJECTIVE 10.2:
The County shall continue to insure that access to beaches, shores and waterways remain
available to the public and continue with its program to expand the availability of such access
and a method to fund its acquisition.
Policy 10.2.1:
Existing access for the public to the beach shall be maintained by new development. New
beachfront development shall show on their site -plans existing beach access ways and the
proposed development shall continue that access way, relocate it on the site, or donate it to the
County.
Policy 10.2.2:
Evaluate appropriate public access intervals for renourished beaches considering the demand
for recreation and the ability of the natural system to support the demand. If existing access is
not sufficient, then the County shall acquire additional access points as a part of the
renourishment project.
(VI) Policy 10.2.3:
Developments that provide public access to beaches, shores and /or waterways may be eligible
for credit toward any recreation and open space impact fee adopted by the Collier County Board
of County Commissioners.
Policy 10.2.4:
All public access facilities shall include parking facilities and roadway access.
(VI) = Plan Amendment by Ordinance No. 2007 -16 on January 25, 2007
44
Policy 10.2.5:
The County shall accept donations of shoreline lands suitable for use as public access facilities.
Policy 10.2.6:
The County shall coordinate with State and Federal agencies regarding use of and access to
Federal and State owned properties in the Coastal Zone for public use.
OBJECTIVE 10.3:
Undeveloped coastal barriers shall be maintained predominantly in their natural state and their
natural function shall be protected, maintained and enhanced.
Policy 10.3.1:
"Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines
based on the amount of structures per acre of fastlands and for which no development approval
or permits have been issued by Collier County, or plats recorded. " Fastlands" are the upland
area as defined in the Federal Guidelines.
Policy 10.3.2:
Any development activities on an undeveloped coastal barrier must be compatible with
protection of the natural form and function of the coastal barrier system.
Policy 10.3.3:
The highest and best use of undeveloped coastal barriers are as functioning natural systems;
therefore the first alternative to development should be consideration of acquisition by or for the
public benefit to presence the natural function.
(VI) Policy 10.3.4:
Public expenditures within Collier County's undeveloped coastal barrier system shall be limited
to acquisition for purposes of public safety, education, restoration, and removal of exotic
vegetation, recreational use, and /or research facilities. Such uses will be allowed only if the
establishment of such use would not substantially alter the natural characteristics and natural
functions of the undeveloped coastal barrier system.
Policy 10.3.5:
Native or other County approved vegetation shall be required as the stabilizing medium in any
coastal barrier vegetation or restoration program.
(VI) Policy 10.3.6:
Prohibit construction of structures seaward of the Coastal Construction Setback Line on
undeveloped coastal barriers. Exception shall be for passive recreational structures, access
crossovers, and where enforcement would not allow any reasonable economic utilization of
such property. In the latter event, require construction that minimizes interference with natural
function of such coastal barrier system.
Policy 10.3.7:
Participate in and encourage Regional and State programs to acquire naturally functioning,
undeveloped coastal barrier systems to insure the preservation of their natural function.
(VI) = Plan Amendment by Ordinance No. 2007 -16 on January 25, 2007
45
(VI) Policy 10.3.8:
Development density on undeveloped coastal barrier systems shall not exceed one (1) dwelling
unit per five (5) acres or as already allowed for established legal nonconforming parcels or lots
of record.
Policy 10.3.9:
Native vegetation on undeveloped coastal barriers should be preserved. To the extent that
native vegetation is lost during land development activities and the remaining native vegetation
can be supplemented without damaging or degrading its natural function, any native vegetation
lost during construction shall be replaced by supplementing with compatible native vegetation
on site. All exotic vegetation shall be removed and replaced with native vegetation where
appropriate.
Policy 10.3.10:
No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on
undeveloped barrier systems.
Policy 10.3.11:
Shoreline hardening structures (e.g., rip -rap, seawalls, groins, etc.) shall not be allowed on
undeveloped coastal barriers except in the interest of public safety or of land use related
hardship.
(VI)Policy 10.3.12:
Encourage the use of the "Planned Unit Development" (PUD) provisions of the Zoning
Ordinance for new development or redevelopment proposed to take place within areas identified
as Coastal Barrier system, with the exception of one single family dwelling unit on a single
parcel.
(VI) Policy 10.3.13:
Substantial alteration of the natural grade on undeveloped coastal barriers, through filling or
excavation shall be prohibited except as part of an approved dune and /or beach restoration
program, or as part of an approved public development plan for one or more of the uses allowed
by Policy 10.3.4, above.
(VI) Policy 10.3.14:
Agriculture and timbering are not exempt from the above Goals, Objectives, and Policies related
to coastal barrier systems.
(VI) Policy 10.3.15:
All new development proposed on undeveloped coastal barrier systems shall be reviewed
through the County's existing "Special Treatment" ( "ST ") zoning overlay district. Objective 10.3
and its accompanying policies shall sere as criteria for such review.
OBJECTIVE 10.4:
Developed coastal barriers and developed shorelines shall be continued to be restored and then
maintained, when appropriate by establishing mechanisms or projects which limit the effects of
development and which help in the restoration of the natural functions of coastal barriers and
affected beaches and dunes.
(VI) = Plan Amendment by Ordinance No. 2007 -16 on January 25, 2007
46
Policy 10.4.1:
Promote environmentally acceptable and economically feasible restoration of the developed
coastal barriers and the urban beach and dune systems.
Policy 10.4.2:
Prohibit further shore hardening projects except where necessary to protect existing structures,
considering the total beach system and adjacent properties.
(VI) Policy 10.4.3:
Collier County shall prohibit activities which would result in man - induced shoreline erosion
beyond the natural beach erosion cycle or that would deteriorate the beach and dune system.
Implementation of this policy will be based upon available scientific /coastal engineering
literature /studies that have established benchmarks for natural rates of beach erosion.
Policy 10.4.4:
Require dune stabilization and restoration improvements in land development projects along
beach areas.
Policy 10.4.5:
Initiate and support beach and dune restoration and preservation programs where appropriate.
Policy 10.4.6:
Require native vegetation as landscaping in development activities in developed coastal barrier
systems and on the beach and dune systems.
(VI) Policy 10.4.7:
Collier County shall prohibit construction seaward of the Coastal Construction Setback Line
except where such construction would be permitted pursuant to the provisions of the Florida
Coastal Zone Protection Act of 1985, where such prohibition would result in no reasonable
economic utilization of the property in question, or for safety reasons. In such cases,
construction will be as far landward as is practicable and effects on the beach and dune system
and the natural functions of the coastal barrier system shall be minimized.
(VI) Policy 10.4.8:
Collier County shall allow construction seaward of the Coastal Construction Setback Line for
public access and protection and activities related to restoration of beach resources. Such
construction shall not interfere with sea turtle nesting, will utilize native vegetation for dune
stabilization, will maintain the natural beach profile, will minimize interference with natural beach
dynamics, and, where appropriate, will restore the historical dunes with native vegetation.
(VI) Policy 10.4.9:
Collier County shall prohibit seawall construction on properties fronting the Gulf of Mexico
except in instances where erosion poses an imminent threat to existing buildings.
(VI) Policy 10.4.10:
The County shall prohibit vehicles on beaches and dunes except for the following:
1. Emergency vehicles responding to incidents.
(VI) = Plan Amendment by Ordinance No. 2007 -16 on January 25, 2007
47
2. Vehicles associated with environmental maintenance, environmental monitoring, or
conservation purposes.
3. Vehicles limited to set -up and removal of equipment of permitted events, in conjunction
with permanent concession facilities, or permitted uses of commercial hotels.
4. Beach raking or beach cleaning.
5. Vehicles needed for beach nourishment or inlet maintenance
6. Vehicles necessary for construction that cannot otherwise access a site from an upland
area.
Vehicles shall be operated in a manner that does not negatively impact the beach or dune
environment. Additional protective regulations shall apply during sea turtle nesting season.
Policy 10.4.11:
Develop tax incentives and other land use incentives to encourage additional access or parking
areas to provide utilization of the high capacity urban beaches.
(VI) Policy 10.4.12:
In permitting the repair and /or reconstruction of shore parallel engineered stabilization
structures, require, where appropriate, at a minimum:
a. All damaged seawalls will be replaced with, or fronted by, riprap.
b. Where appropriate, repaired structures will be redesigned and /or relocated landward
to align with adjacent structures.
Policy 10.4.13:
Development and redevelopment proposals shall consider the implications of potential rise in
sea level.
OBJECTIVE 10.5:
For undeveloped shorelines, provide improved opportunities for recreational, educational,
scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by
utilizing or where necessary establishing construction standards, which will minimize the impact
of manmade structures on the beach and dune systems.
Policy 10.5.1:
Recreation that is compatible with the natural functions of beaches and dunes is the highest and
best land use.
Policy 10.5.2:
Prioritize acquisition efforts in order to meet the projected need for additional public beaches.
Policy 10.5.3:
Prohibit activities which would result in man induced shoreline erosion beyond the natural beach
erosion cycle or that would deteriorate the beach dune system.
(VI) = Plan Amendment by Ordinance No. 2007 -16 on January 25, 2007
48
(VI) Policy 10.5.4:
Prohibit construction of any structure seaward of the Coastal Construction Setback Line.
Exception shall be for passive recreational structures, access crossovers, and where
enforcement would not allow any reasonable economic utilization of such property. In the latter
event, require construction that minimizes interference with natural function of such beaches
and dunes.
(VI) Policy 10.5.5:
The County shall prohibit vehicles on the beaches and dunes except for emergency,
environmental monitoring and environmental maintenance purposes.
Policy 10.5.6:
Regulate activities so that they will not threaten the stability of the dunes or the beach itself.
Policy 10.5.7:
Pursue the acquisition of undeveloped beaches and dunes as the first alternative to
development.
Policy 10.5.8:
Prohibit shoreline armoring processes and encourage non - structural methods for stabilizing
beaches and dunes.
(VI) Policy 10.5.9:
Prohibit construction seaward of the Coastal Construction Setback Line except as follows:
a. Construction will be allowed for public access;
b. For protection and restoration of beach resources;
C. In cases of demonstrated land use related hardship or safety concerns as specified
in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring
allowed except in cases of public safety.
Policy 10.5.10:
Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace
any native vegetation on the site, and shall maintain the natural beach profile and minimize
interference with the natural beach dynamics and function.
(VI) Policy 10.5.11:
The County will waive all other non - safety related setback requirements and site planning
requirements before allowing construction seaward of the Coastal Construction Setback Line.
Policy 10.5.12:
For all beach front land development related projects require dune stabilization and restoration
improvements, the removal of exotic vegetation, and replacement with native vegetation, as
appropriate.
(1) OBJECTIVE 10.6:
The County shall conserve the habitats, species, natural shoreline and dune systems contained
within the County's coastal zone.
(VI) = Plan Amendment by Ordinance No. 2007 -16 on January 25, 2007
49
(1)(VI) Policy 10.6.1:
In addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5,
development within the County's coastal zone shall also meet the following criteria:
1. Densities on the following undeveloped coastal barriers shall not exceed 1 unit per 5
acres;
a. Wiggins Pass Unit FL -65P,
b. Clam Pass Unit FL -64P,
C. Keywaydin Island Unit P -16,
d. Cape Romano Unit P -15.
2. Site alterations shall be concentrated in disturbed habitats thus avoiding undisturbed
pristine habitats (Reference Policy 10.1.4).
3. Beachfront developments shall restore dune vegetation.
4. Projects on coastal barriers shall be landscaped with native Southern Floridian
species.
5. Boathouses, boat shelters and dock facilities shall be located and aligned to stay at
least 10 feet from any existing seagrass beds except where a continuous bed of
seagrass exists off of the shore of the property, in which case facility heights shall be
at least 3.5 feet NGVD, terminal platforms shall be less than 160 square feet and
access docks shall not exceed a width of four (4) feet.
6. The requirements of this policy identify the guidelines and performance standards for
undeveloped coastal barriers and estuarine areas that are contained within the
County's coastal barrier and estuarine area Natural Resource Protection Area
(NRPA — reference CCME Policy 1.3.1). These guidelines and standards therefore
satisfy the requirements of CCME Policy 1.3.1.
(1)(VI) Policy 10.6.2:
For shoreline development projects where an EIS is required, an analysis shall demonstrate that
the project will remain fully functional for its intended use after a six -inch rise in sea level.
(1) Policy 10.6.3:
Collier County supports federal and state agency efforts to deny permits and establish a
permanent moratorium on the offshore oil and gas exploration and drilling along the west coast
of Florida, and to the extent allowed by law, shall take appropriate actions to oppose any
offshore oil and gas exploration and drilling projects in this sensitive area.
(VI) = Plan Amendment by Ordinance No. 2007 -16 on January 25, 2007
50
RE: Lease #2514 Wiggins Pass Page 1 of 2
From: Barber, Gloria <Gloria. Barber@dep.state.fl. us>
To: feegroup @aol.com <feegroup @aol.com>
Cc: Smith, Robin J. <Robin.J.Smith @dep.state.fl.us>
Subject: RE: Lease #2514 Wiggins Pass
Date: Thu, Jan 21, 2010 4:41 pm
Good afternoon Doug,
I have not received any information or application for an amendment based on the new approved Land
Management Plan for Delnor- Wiggins State Park.
#2 As per the restriction in the legal description of the lease, it is still valid. Nothing has changed.
Thanks
Gloria C. Barber
Operations and Management Consultant Manager
Bureau of Public Land Administration
Division of State Lands - Carr Building
Department of Environmental Protection
3800 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Mail Station 130
850/245 -2729
gloria.barberndep.state.fl.us
The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W.
Sole is committed to continuously assessing and improving the level and quality of services provided to you.
Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP
Customer Survey. Thank you in advance for completing the survey.
From: feeqroup@aol.com [mailto:feegroup @aol.coml
Sent: Thursday, January 21, 2010 3:43 PM
To: Barber, Gloria
Subject: Lease #2514 Wiggins Pass
Hello Gloria - - - --
Back on December 24th, 2009 1 sent an email to you asking you about the Lease #2514. At that point in time I
was looking to get any information available to the "amendment" of the current lease based on the new approved
Land Management Plan for Delnor- Wiggins State Park.
Do you know if there has been an "Application" filed to actually change the Lease ? If so could I somehow get a
copy of the new language ?
Also, In my email I had asked 2 Questions.
#1 -- -- Where the 200' Wide Area was specifically on a Map. I spoke directly to Robin Smith, who sent me a copy
of a Map showing where this Restriction was located. Thank You Robin for the Map I
#2 - - -- Whether or not the "Deed Restriction" I mentioned to you that is currently in the lease is still valid ? I know
that Robin and I spoke about this and I wasn't sure where this question could be answered?
You may call me if you are not clear on what I am actually asking for.
http: / /webmail.aol.com/30462- 111/ aol- 1 /en- us /mail/PrintMessage.aspx 1/21/2010
livMimi S. Wolok, PA
Attorney at Law
mwolok@earthlink.net
Admitted to Practice
in Florida and New Mexico
VIA eMAIL
14 June 2011
Collier County Board of County Commissioners
Re: Agenda Item Wiggins Pass Inlet Straightening
Dear Honorable Commissioners:
Offices at:
Frank Whiteman Blvd.
Naples, FL 34103
Phone 239/403 -9992
simile 239/403 -8733
P.O. Box 594
>lnhatchee, FL 32359
Phone 352/498 -5660
- simile 239/403 48733
This law firm represents Wiggins Pass Conservancy, Inc., regarding the above - referenced 4genda
Item coming up for a vote on Wednesday, June 15, 2011. We apologize for this late letter, ut the
item was placed on the agenda just Thursday.
The area to be dredged is considered "land" according to the County's zoning map $T overlay
boundaries, as the boundaries between agricultural ST and conservation ST are drawn in the
waterway itself. Furthermore, the project clearly falls within the definition of a "de +elo meat"
pursuant to LDC 4.02.14. Therefore, both the Planning Commission and EnvironmenW AQvisory
LDC 4.02.14 E and F.2. One purpose of the ST overlay district is to ensure that the $CC
decisions about developments that are acceptable in the district "after public hearing. [Er
added.] Furthermore, the northwestern -most parcel, managed by Barefoot Beach State pre:
zoned "Conservation" with an ST overlay. All development proposals within the C6st
District must undergo "rigorous review" to ensure that the impacts of the development do not
or unacceptably degrade the inherent conservation values of the parcel.
Wiggins Pass Conservancy opposes approval of a contract authorizing CP & E to continue
and permitting process, for several reasons, summarized below:
First, the permitting phase of this project is unlawfully premature. Thusfar, the County has su
a permit application to FDEP prior to a) conducting a full environmental and financial ei alu
the costs and benefits of the project, b) presenting preliminary and final results of the evalu
the public, and c) giving the public an opportunity to comment, as required by the
Management Plan (especially Goal 10 and Objectives and Policies 10.3 and 10.5 of the aons
and Coastal Management Element), the Land Development Code 4.01.14 and EIS LDC' 10.1
, is
design
of
to
.01A,
state and federal laws. Even more egregious, the County has solicited a preliminai
response from the State for a conceptual plan behind closed doors without so much as
that has been analyzed or presented to the public. It would be a mistake to rely on that
response, which on its face violates several of FDEP's own mandates. The State h
nothing, and it cannot approve any proposed plan until it undergoes its owa mandated re,
in consultation with other state and federal agencies.
Going forward with the action recommended by staff violates local, state and federal 1
Supreme Court has concluded that the process of completing an environmental impact
designed to ensure that agency decision- making on issues of financial and en
significance is informed, that the agency has not already committed funds or i
implementing a project prior to a full evaluation of its potential impacts, and that the p
opportunity to comment on the proposed project early in the decision-making gprocess. ,
Methow Valley Citizens Council, 490 US 332, 349 (1989). Already, the County is a:
bypass this process. It has committed funds, sought permit approval from FDEP anc
spend significantly more money, all without reviewing any proposal, being able to
adverse unavoidable impacts, cumulative and long -term impacts, a cost - benefit analysis,
to the action to be proposed or bringing a proposal before the public.
Second, it is immediately apparent that straightening and deepening the inlet as
envisioned violates various laws. Depositing dredged materials along the Barefoot Bey
would "alter" mangrove trees in violation of LDC 4.02.14. The dredging itself as
potential increase in turbidity conjures up Endangered Species Act violations, as seagr
manatees inhabit the immediate area of impact. We know conclusively that seagr,
negatively affected by increased turbidity. The potential erosive impacts to the se
mangroves and shorelines have not been evaluated whatsoever. Apparently, the US Al
Engineers has yet to be consulted regarding dredging, filling, destruction of aquatic ve
impacts to endangered species.
Third, the Inlet Management Plan mentions nothing about dredging and straightening
Pass Inlet. It would be foolish to commit further funds to a project before the Inlet Mani
amendment process is completed (let alone started). Gary McAlpin estimated that this l
will cost another $ 250,000.00 (see letter dated February 17, 2010, attached). The Stai
writing that it will not approve the straightening project until the amendment process
Yet the County is moving forward aggressively, assuming it is a bygone conclusion
Management Plan will be amended. Why has this project even been submitted for per
FDEP when the project design has yet to be started? When the short- and long -term imp
been assessed? When the Inlet Management Plan does not allow the County to move
fal
Fourth, an important deed restriction on the property immediately to the South of the `tS"
Delnor Wiggins State Park must be evaluated prior to commitment of funds to procegd
project. A copy of the deed restriction is attached as it is found in the 2007 lease agreement
d plan
recent
US
It is
ces to
has an
tson v.
Ling to
)out to
ite the
as the
3s and
ds are
beds,
aps of
)n and
iggms
nt Plan
s alone
said in
Inlet
with
P, not
e in
this
-2-
parts are attached) between the Florida Division of Parks and Recreation and the Trusltees
Internal Improvement Trust Fund. A full and public evaluation must include an assesrner
likelihood that the project would cause long -term erosion to this property in violation of t.
restriction. Concluding that the dredging itself would not cause erosion to the shoreline is
and conflicts with the GMP and LDC provisions cited above. The FDEP's Request 0 Ad
Information dated March 24, 2010, voices this concern. The State cannot conclude that tl�e re:
would not be violated when it has not even seen an analysis of potential long -term erlosio:
shoreline.
In sum, why is the County about to spend hundreds of thousands of dollars before it ha;
that the project is feasible and before the Planning Commission and EAC have dete
consistent with the Growth Management Plan and Land Development Code? My client 1
this project be fully evaluated in public view and subject to public comment prior to
funds to move forward with permitting. While the Wiggins Pass Conservancy does ne
design phase of the project as one aspect of this full evaluation, it does oppose cor
additional funds to continue the permitting process at this time.
Sincerely,
4
Mimi S. Wolok
f the
of the
deed
to the
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DEVELOPMENT STANDARDS IAODIfICATIONS [\)
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3. Pro shops with equipment sales, no greater than
1.000 square feet.
4. Restaurants with a seating capacity of 150 seats or
less provided that the hours of operation are no
later than 10:00 p.m.
5. A maximum.of two residential dwellings units for
use by golf course employees in coniunction with
the operation of the golf course.
C. Conditional uses. The following uses are permissible as
conditional uses in the GC district, subiect to the
standards and provisions established in section 10.08.00.
1. Commercial establishments oriented to the
permitted uses of the district including gift shops;
pro shops with equipment sales in excess of 1,000
square feet: restaurants with seating capacity of
greater than 150 seats: cocktail lounges, and
similar uses, primarily intended to serve patrons of
the golf course.
B. Conservation District "CON ". The purpose and intent of the conservation
district "CON" is to conserve, protect and maintain vital natural resource
lands within unincorporated Collier County that are owned primarily by the
public. All native habitats possess ecological and physical characteristics
that justify attempts to maintain these important natural resources. Barrier
islands, coastal bays, wetlands, and habitat for listed species deserve
particular attention because of their ecological value and their sensitivity
to perturbation. All proposals for development in the CON district must
be subject to rigorous review to ensure that the impacts of the
development do not destroy or unacceptably degrade the inherent
functional values, The CON District includes such public lands as
Everglades National Park, Big Cypress National Preserve Florida
Panther National Wildlife Refuge, portions of the Big Cypress Area of
Critical State Concern, Fakahatchee Strand State Preserve, Collier -
Seminole State Park, Rookery Bay National Estuarine Sanctuary
Research Reserve, Delnor - Wiggins State Park, and the National
Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W.
It is the intent of the CON District to require review of all development
proposed within the CON District to ensure that the inherent value of the
County's natural resources is not destroyed or unacceptably altered. The
CON District corresponds to and implements the conservation land use
designation on the future land use map of the Collier County GMP.
1. Allowable uses. The following uses are allowed in the CON
District
a. Permitted uses.
1. On privately held land only, single family dwelling
units, and mobile homes where the Mobile Home
Zoning Overlay exists.
2. On publicly and privately held lands only,
dormitories, duplexes and other types of housing,
as may be incidental to, and in support of,
conservation uses.
3. Passive parks, and other passive recreational uses,
including, but not limited to:
1 Open space and recreational uses:
bi Biking, hiking, canoeing, and nature trails:
Page 129 of 134
Words stmak-Lusagh are deleted, words underlined are added
Development. The carrying out of any building activity or mining operation, the ma ki g of
material change in the use or appearanc a of any structure or land, or the dividing of land into�3 or
parcels. The following activities or uses ; fhall be taken for the purposes of this Code to involvo
"development":
a.
A reconstruction, altenrtion of the size, or material change in the external appear nce of a
structure on land.
b.
A change in the intens ty of use of land, such as an increase in the number of dw Ming
units in a structure or c n land or a material increase in the number of busin sses,
manufacturing establis iments, offices, or dwelling units in a structure or on jar d.
C.
Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or can 01, in�luding
m
any "coastal constructi " as defined in § 161.021, F.S.
21
Commencement of dril ing, except to obtain soil samples, mining, or excavajion o} a
parcel of land.
e.
f
Demolition of a structure.
Clearing of land as an aidjunct of construction.
Deposit of refuse. solid or liquid waste, or fill on a parcel of land.
t
CAC Mar 11.
VII -S-a H w Bu:
2 of 35
Co 7 -r county
Public %S eMces Division
Coastal Zone Management
February 17, 2010
Mr. Paden Woodruff n`' O PY
Environmental Administrator
Bureau of Beaches and Coastal Systems
Mail Station 300
3900 Commonwealth Blvd.
Tallahassee, FL 32399 -3000
Re: Wiggins Pass, Collier County, Florida Inlet Management Planning
Dear Mr. Paden Woodruff
This is a request for funding support for the preparation and implementation of an
management plan for Wiggins Pass.
As part of securing a new 10 -year maintemance dredging permit for the pass, the Coi
undertaken numerical modeling to improv; the pass's performance. During the modelil
complementary coastal process analysis, it was discover that the severe erosion on ]
Beach was caused by the natural northw-,ud migration of the flood channel and an imbE
sand bypassing of the inlet. A plan was developed to improve navigation in the inlet any
impact to the adjacent beaches. This plan was developed by a committee with a broad
representation, to include representatives from the State Park system. During the pr
developing the engineering plan and pennit application, a member of the BBCS staff is
the County that a new Inlet Management Plan would be required, based in part by concei
the State Park System.
a
in
The engineering report (Attachment 33a) from the permit updates many of the required tjask. I er
paragraph 62B- 41.008(i)(m)FAC within. the frame work of the 1995 Wiggins Pa Is In et
Management Plan. This report provides a technical summary of pertinent coastal processTs u d
to design the new maintenance dredging p an in addition to identifying the cause and maLynitu Je
of the erosion at Bar oot Beach. Based on comments from BBCS staff and the State P rk
system, considerable ad a ' nal effort is - equired to arrive at a new Inlet Management Plan
suitable 'ning Wig ins Pass and mitigating the erosion problems. We believe That t ae
prep�tion, public c rdin 'on and approval of an Inlet Management Plan will 4ost an
adcVtional $250,000.
Collier County Coastal Zone Management -W. Harmon Turner Building, Suite 103.3301 East Tarriami Trail • Naples, Florida 34112.239.252- 2966!• FAX 9- 252-29 50
www colliergov. ieticoastalzonemanagement
CAC Mch 1 , 2010
VII -5 -a New B isiness
3 of 35
Mr. Paden Woodruff
February 17, 2010
Page 2 of 2
We would like to meet with you to di; ;cuss this matter and the potential of fundin fro the
State. By a separate letter to the bureau, we have requested that Barefoot Beach be doigrate a
Critical Erosion Area, so that it can be botter supported by your team.
Thanks,
Gary McAlpin, P.E., CZM Director
cc Michael Barnett, PE
Steve Keehn, CPE
FXhibit "A"
VJ ggins Pass
No. 2514
Management Project No. 41
The following described land, situate, lying and being in the
County of Collier, State of F:_orida, to -wit:
All that part of Sect:.on 20 and that part of Section 17
lying South of Wiggins. Pass in Township 48 South, Range
25 East, including al:. riparian rights appurtenant there-
to whether by accretion or reliction, lying westerly of
an agreed boundary litre, as set forth in a certain agree-
ment between Beverly :investment Company, Curlew Corporation:
and Scepter Corporation, dated July 14, 1960, recorded
July 25, 1960 in O.R. Book 68 at page 235; deed between
Forrest Walker, et al to Beverly Investment Company, an
- llinois corporation, dated March 23, 1961 and recorded
April 7, 1961, in 0.R Book 82, page 74; deed between :
John A. Pulling, at a:_, to Beverly investment Company, an
Illinois corporation, dated June 6, 1961, and recorded on
July 5, 1961, in O.R. Book 87, page 439; deed between
Collier Development Corporation, a Florida corporation,
to Beverly Invest.men-; Company, an Illinois corporation,
dated June 6, 1961, wad recorded July 5, 1961, ix. O.R.
Book 87 at page 395, oxcept fora 30 foot strip-for road
right -of -way in Section 20, Township 48 South, Range 25
East, in Collier Coun•;y, Florida, the said right -of -way
being described as fo_1ows:
Beginning at a point )n the South line of the said Section
20, distance 2905 fee; West of the Southeast corner there -
Of; run West on the said South line 36.23 feet; thence
Ncrth at right angles a distance of 30 feet; thence East,
parallel with the sail South line, a distance of 200 feet,
more or less, to that certain boundary line between
Beverly Investment Cannpany and Scepter Corporation accord - `
ing to an agreement dated July 14, 1960, and recorded
July 25, 1960, in O.R. Book 68 at pages 235 to 250, in-
clusive, of the Publi: Records of Collier County, Florida,
thence Southeasterly along the aforesaid agreed boundary,
a distance of 31 feet more or less to the South line of
said Section 20; thence West of said South line 190 feet
-more or less to the Pint of Beginning. To be used as
a County Road right -of -way and only as a County Road
right -of -way. Containing 166 acres, more or less.
i
j This conveyance is male subject to the following restrictions,
tc -wit:
This conveyance is subject to the CONDITION and RESTRIC-
TIONS t4at a strip of land 200 fee inw. th runnn— ni g across
Tile entire width of tae above described land, from the
t Gulf shore East to the side Westerly of the agreed boundary`
line hereinabove referred to, lying immediately South of
f Wiggins Pass along the North side of the land above
described and forming part of said land, shall not, nor
shall any part of said 200 feet in width be built upon
\ by any buildings or cbstructions whatever, nor shall said
strip of land 200 feet in width, or any part thereof, be
\ Page 1 of 2
No. 2514
used in any way whate•rer which shall be a nuisance to the-
owners or interfere -ffLth the use and enjoyment by the
owners of the land lyLng North of Wiggins Pass. These
restrictive conditions shall be perpetual, and at all
times construed as covenants running with the land and
shall bind the respez ;ive heirs, legal representatives
and assigns of the respective parties hereto.
y
Page 2 of 2
(PLEASE PRINK'
MEET ING DATE 7L &�
AGENDA] ITEM TITLE
NAME' L.
CLEARLY)
Agenda Item # ! r t-
(Circle Meeting Type) Regular Special Workshop Budget
ADDRESS
,__r
Other:
Representing/ Petitioner:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE BUT 2007 -24, REQUIRES THE BOARD OBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, UT NOT LIMITED COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
krL.cm-aic--rKi RLY)- - Agenda Item #
MEETING DATE VJ / (Circle Meeting Type) Special Workshop Budget
AGENDA I TITLE
NAME V� �1 ADDRESS /UQ- Qr
Representing / Petitioner: Other: Coo'& vvw
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LQBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
IM01
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
(PLEASE PRINT CLEARLY)
MEETING DATE
AGENDA ITEM TITLE
NAME
Representing/
Agenda Item #. r
(Circle Meeting Type) Regular Special Workshop Budget
ADDRESS
Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
(PLEASE PRINT CLEARLY)
MEETING DATE
AGENDA ITEM TITLE
NAME
Representing/ Petitioner:
Agenda Item # r t
(Circle Meeting Type)' Regular Special Workshop Budget
ADDRESS
Y� r
Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
AGENDA ITEM 11 -A
00frier C014ftty
Growth Management Division
Planning & Regulation
Land Development Services
To: Planning Commission Members
From: Caroline Cilek, Senior Planner, Land Development Services
Date: August 8, 2012
Subject: LDC Amendment review on Thursday, August 16, 2012
The following documents are enclosed in your LDC Amendment packet.
1) LDC Amendment sub - agenda
2) Revised amendments. Revisions are highlighted in yellow.
a. 5.03.07 Portable Storage Container
i. Attachment 1: Elevations and Plan Views of Screening Alternatives for the
Estates Zoning District. (Please note that two options are provided for
discussion for Screening section F.1.a.)
ii. Attachment 2: 2003 Memorandum from Zoning Director regarding
portable storage container uses in multiple zoning districts
iii. Attachment 3: 2006 Memorandum from Zoning Director regarding
portable storage container use in the residential districts
iv. Attachment 4: Estate Zoning District map
b. 10.02.07 C.1.b Submittal Requirements for Certificate of Public Facilities Adequacy (PUD
Monitoring Annual Traffic Reports, Part II)
i. There was an error in the previously approved draft. The highlighted portion
was not intended to be removed from the LDC.
c. 4.05.02 Design Standards and 4.05.04Parking Space Requirements (grass parking)
i. Following the review of the County Attorney on 7/20/12, additional language
has been added to the amendment.
d. 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 previously approved draft.
GrokatFsMariageirW, Divw • Pianning & RegunaWn - 2800 North Horseshoe Drive • Naples, Florida 34104.239-252.2400 • wvwv.codiergov.net
I: \LDC Amendment 2012 Cycle 1 \Amendment Revisions \CCPC \CCPC 2012 -8 -16 \Memo for 081612 packet.docx 8/8/2012 1:47 PM
LDC AMENDMENT SUB - AGENDA FOR THURSDAY, AUGUST 16, 2012
COLLIER COUNTY PLANNING COMMISSION MEETING
1. LDC Amendment Review
#
Notes
Subsection
Description
Date
Author
1
Re- review
1.08.02
Definitions- Portable Storage
8/8/12
Ray Bellows
from 7/19/12
Container (new definition)
New Draft
5.03.07
Personal Storage Containers
Provided.
(allowable accessory structure)
10.02.03
Submittal Requirements for Site
Development PIans
2
New Draft
10.02.07
Submittal Requirements for Certificate
8/6/12
Reed Jarvi
Provided
C. Lb
of Public Facilities Adequacy (PUD
and Laurie
Monitoring Annual Traffic Reports,
Beard
Part Il)
3
New Draft
4.05.02
Design Standards
8/6/12
Barry
Provided
4.05.04
Parking Space Requirements (grass
Williams
parking)
4
New Draft
3.05.02 E
Exemptions from Requirements for
8/3/12
Stephen
Provided
Vegetation Protection and Preservation
Lenberger
3.05.05
Criteria for Removal of Protected
Vegetation
(Mangrove Amendment)
I: \LDC Amendment 2012 Cycle 1\Amendment Revisions \CCPC\CCPC 2012- 8- 16 \CCPC Sub - Agenda August 16,
2012.docx8/8/2012 1:50 PM
LDC Amendment Request
ORIGIN: Board Directed
Text underlined is new text to be added.
Text str'Lethrn gh is ono te.h to be 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 8/8/12
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: On 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.
1
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8/9/2012 8:23:00 AM
Text underlined is new text to be added.
Te.h stFikethm gh is eni te)d to he deleted
Bold text indicates a defined term
In the past, the County has at times permitted portable storage containers on some Rural
n Agricultural and Estate properties while at other times prohibiting them. Those that were
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
n 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 amendment began on November, 14, 2011 with approval from the
Development Services Advisory Committee (DSAC) Land Development Review (LDR)
subcommittee. The LDR provided comments and approved an early draft of the amendment.
Following approval by DSAC on January 4, 2012, the amendment was discussed at the January
30, 2012 LDC In Focus meeting. A series of In Focus meetings have been organized for
community members to provide input and ask questions. At the January 301' meeting Mr.
Ramsey, with the Golden Gate Area Civic Association, presented a letter outlining
recommendations for portable storage containers in the Rural Agriculture and Estate districts.
The letter was signed by Mr. Gaddy, 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.
n 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
2
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819/2012 8:23:00 AM
Text underlined is new text to be added.
Sevt st: Lethrn gh is ent te.A to he deleted
Bold text indicates a defined term
(Letter to Commissioner Strain from Mr. Gaddy dated May 16, 2012). Mr. Gaddy also
n "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 Commission directed that the amendment be revised to
include several new provisions and the revised amendment be presented to the Commission for
re- review. Following the review of the revised amendment, the Commission gave direction for
the amendment to be publically vetted by community members, civic associations, and
homeowners associations located within or adjacent to the Estate district prior to a providing a
recommendation to the Board of County Commissioners.
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
Zoning District.
Views of Screening Alternatives for the Estate
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
3
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8/9/2012 8:23:00 AM
Text underlined is new text to be added.
Te)d stFiketh Fo gh is ono te.h to he deleted
Bold text indicates a defined term
the Property Maintenance Code, two sections regarding compliance with housing standards and
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 5' ) 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
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Table 1. ISO Container Dimensions
ISO
Type
Container
Length (feet)
Intermodal
Width (feet)
Intermodal
Height (feet)
Area (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 PODS®. Table 2 identifies the dimensions
for PODS&
Table 2. PODS® Dimensions
Type
Exterior Length
Exterior Width
Exterior Height
7' container
T
T
8'
12' container
12'
8'
8'
16' container
16'
8'
8'
Source: PODS website. Accessed August 2, 2012
www.pods.com/Storage/Stora ge-Containers-101.aspx
Uses and Standards for Portable Storage Containers: Current and Proposed standards
Currently, the LDC allows portable storage containers as temporary and permanent structures in
several circumstances. Two memorandums, which were produced by the Zoning Director to
�-. clarify the intent of the Code, were written on October 2, 200' ) and July 3, 2006 to identify the
temporary and permanent uses and standards. for a portable storage container. Table 3, below,
describes the current and proposed allowable uses and standards for portable storage containers.
The information presented is compiled from the two memorandums, Attachment 2 and 3, the
amendment, as well as the Florida Building Code.
5
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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
e 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 bona fide
. Proposes to allow containers on
agricultural use. Properties must consist
property with a bona fide
of at least b 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.
Estates
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 an 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
permit requires submitting plans that are
accessory structure.
Structure
signed and sealed by an certified
engineer /architect. (Florida Building
Code)
* Estates zoned property is non - residential.
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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 SIM applications and minimize costs for applicants.
RELATED CODES OR REGULATIONS: LDC Ordinance No. 06 -07, § 31; 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
Amend the LDC as follows:
1 1.08.02 Definitions
2
3 Portable Storaae Container — A standardized transportable structure desianed for the shiaoin
4 of cargo via ship, railroad, or transport vehicle and constructed of steel and some wood. The re-
5 sealable structure may be used for the storage or shipment of items, including but not limited to,
6 household goods, building materials, equipment, or merchandise. This shall include shipping
7 containers and portable on- demand storage (PODS). This shall exclude structures such as
8 storage sheds that are assembled on site or pre- manufactured, roll off trash bins, trucks,
9 trailers, or rail cars.
10 # # # # # # # # # # # # #
11
12 5.03.07 Portable Storage Containers
13
14 A. Intent. These supplementary standards regulate the placement of portable storage
15 containers units in order to promote the health and safety of the residents of the County
16 and to preserve the aesthetic value of its residential neighborhoods and non - residential
17 districts. These standards apply to all portable storage containers and other similar
18 products to be used as an accessory structure. Permitting procedures are provided in
19 the Administrative Code and LDC subsection 10.02.03 A.2.i.
20 B. Zoning Limitations. Portable Storage Containers may be permitted on lots that meet the
21 minimum lot size and lot width requirements, provided in section 4.02.01, in the following
22 zoning districts:
23 1. Rural Agricultural (A) zoning district. Limit of 1 container per lot or parcel.
24 a) Lots 20 acres or larger are limited to 1 container per 10 acres, not to
25 exceed a total of 5 containers.
26 b) Containers used in conjunction with a bona fide agricultural use shall not
27 be limited in number.
28 2. Estate (E) zoning district. Limit to 1 container per lot.
29 3. Commercial and Industrial zoning districts. Number shall be limited to site
30 constraints.
31 4. Portable storage containers are prohibited in residential zoning districts, but may
32 be allowed as a temporary structure per Section 5.04.00 and Florida Building
33 Code 102.2 (d).
7
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.--. 1
C.
Setbacks. Containers shall be placed in the rear of the principal structure and
2
meet the required setbacks for a principal structure. Containers on corner lots of
3
record shall be placed to the side of the principal structure and meet the required
4
setbacks for a principal structure. No container shall be located closer to the
5
abutting road than the principal structure. Containers shall comply with the
6
minimum separation requirements of accessory or principal structures, as
7
applicable, as outlined in the Florida Fire Prevention Code and the Florida
8
Building Code.
9
D. Limitations on Use.
10
1.
Portable storage containers permitted under this section shall be used solely for
11
the storage of materials and goods related to the principal use of the property.
12
2.
Containers shall not be used for human occupancy and shall not be connected to
13
_any utilities, including electric.
14
E. Size.
15
1.
Maximum floor area: 400 square feet per container.
16
2.
Maximum height: 8 feet 6 inches. Vertical stacking of containers is prohibited.
17
F. Screeninq.
18
1.
Screening in the Estate zoning district. Containers shall be screened with one of
19
the following standards. For this purposes of this section, chain link or chain link
20
fence with privacy slats shall not be permitted.
21
a. An irrigated hedge consisting of 10 gallon shrubs, 5 feet tall at the time of
22
planting, placed 4 feet on center along the exterior perimeter of the
23
storage container. At planting the hedge shall be 80 percent opacity and
24
shall be maintained at a height that obscures the view of the container
25
100 percent from adjacent property lines.
26
b. An opaque fence installed at the perimeter of the storage container at a
27
height which obscures the view of the container 100 percent from
28
adjacent property lines.
29
C. Existing vegetation consisting of hedging, palms, and trees that creates
30
100 percent opacity and obscures the view of the container 100 percent
31
from adjacent property lines.
32
d_. An existing opaque fence, at a height which obscures the view of the
33
container 100 percent from adjacent property lines.
34
e. Exceptions to this provision include:
35
J. The container is not visible from adjacent property line.
36
ii. Containers that are used for 100 percent for a bona fide
37
agricultural use.
38
2.
Screening in industrial and commercial zoning districts. All containers shall be
39
screened from view of adjacent property owners and streets. Screening may
40
consist of a fence, wall, landscaping, or combination thereof. Containers in
41
industrial zoninq districts that are located more than 200 feet from non - industrial
42
zoning districts are not required to provide screening.
43
G. Additional requirements for Commercial and Industrial zoning districts.
44
1.
Location. Containers shall not be located in required landscape areas, open
45
space, stormwater management facilities, drive aisles, required parking spaces,
46
fire lanes, loading zones, or any other locations that may cause hazardous
47
conditions, constitute a threat to the public safety, or create a condition
48
detrimental to surrounding land uses and developments.
49
# #
# # # # # # # # # # #
50
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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
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
9
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25
26
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that would justify the deviation. The County Manager or his
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.
3. 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
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 10.02.03.
10
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LDC Amendment 5.03.07 Portable Storage Container:
Elevations and Plan Views of Screening Alternatives for the Estate Zoning District
Subsection F.1.b:
An opaque fence installed at the perimeter of the storage container at a height which obscures the view
of the container 100 percent from adjacent property lines.
150'
FENCE — >
PORTABLE
STORAGE
CONTAINER
REAR YARD
O p
`0 \0
FRONT YARD
SCALE: 1" = 40'
TYPICAL 2.25-ACRE ESTATES LOT
PREPARED BY: GI5 1CAD MAPPING DEPARTMENT
GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION
DATE: 8/2012 FILE: LDC- 2012 -3.DWG
LDC Amendment 5.03.07 Portable Storage Container:
Elevations and Plan Views of Screening Alternatives for the Estate Zoning District
Subsection Etc:
Existing vegetation consisting of hedging, palms, and trees that creates 100 percent opacity and obscures
the view of the container 100 percent from adjacent property lines.
150'
TREES
HEDGE —>
PORTABLE
STORAGE
CONTAINER
TREES
_ y
0 REAR YARD
-AU*
O
�O :1
FRONT YARD
SCALE: 1" = 40'
PREPARED BY: GIS /CAD MAPPING DEPARTMENT TYPICAL 2.25-ACRE ESTATES LOT
GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION
DATE: 8/2012 FILE: LDC- 2012 -3.DWG
LDC Amendment 5.03.07 Portable Storage Container:
Elevations and Plan Views of Screening Alternatives for the Estate Zoning District
Subsection F.1.d:
An existing opaque fence, at a height which obscures the view of the container 100 percent from adjacent
property lines.
�tI
SCALE: 1" = 40'
TYPICAL 2.25 ± ACRE ESTATES LOT
PREPARED BY: GIS /CAD MAPPING DEPARTMENT
GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION
DATE: 8/2012 FILE: LDC - 2012 -5.1)WG
Attachment 2
ass
7 71
'p r�sztnt ' ere�b e, 't En tronment 7 erra��yce _ i�tiston
:l'�exirig,eiyiFes3 n
F - �
To: Planning Department, Building Department & Code Enforcement Staff
Through: Ed Perico, Director, Building Review & Permitting; Michelle Arnold, Director,
Code Enforcement
From: Susan Murray, AICP, Current Planning Manager
Date: 2 October 2003
Subject: Industrial Storage Containers, (ISO Shipping Containers)
ISO (International Standards Organization) shipping containers, more commonly called
industrial storage containers, are being used for storage in a variety of locations, some legally,
some not. Since these containers are not structures as such, and do not require building
permits, there. are technically no circumstances under which they can be permitted on a
permanent basis; however, their use for an extended period will be allowed under certain
circumstances. This memo describes those circumstances.
One (1) storage container may be used on a non - residential site in conjunction with a
Temporary Use Permit for a sales event, for a maximum of 28 days each year. The location
of the container will be such that it does not interfere with required parking, landscaping, site
circulation or fire apparatus access, subject to the current procedures used to review temporary
use permits. Otherwise, containers used for temporary storage on commercial or industrial
sites must be located within a building or within an approved, enclosed outdoor storage area,
so long as the property is located in a zoning district where such use is permitted (C-4, C -5,
Industrial, and commercial/industrial tracts of certain PUDs). An appropriate site plan
showing the location of the containers must be provided. The nature of the site plan (SDP,
SIP, conceptual plan) will be determined at a pre - application meeting, and will be based on
various factors including the. zoning and number of containers involved.
Containers used on a construction site in conjunction with an approved buildingpermit
n and/or development order may be located on the site until a certificate of
n
occupancy /completion for the work has been issued, or the building permit has expired: The
container must be removed within 14 days of the relevant date.
Containers used in conjunction with a bonafide agricultural use in the A (Agricultural)
zoning district may be located on property consisting of at least 5 acres, so long as these
containers meet the required setbacks for permanent structures and do not encroach into any
road right -of -way or easement. Containers may not be placed on property in any.residential
district, as described in LDC Sec. 2.1.14.2, or in the E (Estates) district unless they are to be
used on a construction site as described above, since placement of industrial storage
containers does not constitute a use "accessory and incidental" to permitted uses in these
districts.
Attachment 3
MEMORANDUM
Community Development & Environmental Services Division
Department. of Zoning & Land Development Review
To: Zoning Department Staff
From: Susan Murray Istenes, AICP, Zoning Director
Date: 3 July 2006
Subject: Personal Storage Containers (PODS) on Residential Property
It has been brought to my attention by the Code Enforcement Director that there is increasing
use of personal storage containers, also known as PODS, on residential property as an
alternative to a permitted storage building or shed. These containers are to be treated in
n essentially the same way as industrial storage containers, as detailed in my memorandum
dated 2 October 2003. Storage containers of any type are not considered an accessory use on
residential property, and could remain only on a temporary basis..
The containers may remain on residential property in conjunction with a valid building permit
that requires the container for storage of furniture or belongings displaced by renovation or
construction, or for storage of materials and tools used in renovation or construction. The
containers must be removed when a Certificate of Occupancy is obtained, or if the building
permit expires.
If the containers are on the property in conjunction with the occupants moving into or out of
the house, they may remain for a reasonable period to accomplish that purpose. I would
recommend a week at most, but would be amenable to allowing Code Enforcement
Investigators to adjust that period on a case -by -case basis to accommodate the circumstances.
n
/0—\
/0-IN
Western
Collier County
Florida
t
�i
N
Co �er Count
o s.000 io.000 zo.oaa Fa.i
Gf5!CAD M.pping Srdbn
I
V �
Attachment 4
v
I
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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
n stations within the County.
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RELATED CODES OR REGULATIONS: LDC Amendment 10.02.13. F.1. PUD Monitoring
(Part I)
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE:
Prepared by Caroline Cilek, Senior Planner, Land Development Services, October 19, 2011;
Edited March 23, 2012, June 27, 2012
Amend the LDC as follows:
10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy
* * * * * * * * * * * *
C. Certificate of public facility adequacy.
1. General.
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iii 4 notaFized tatemeRt is Fowl *Fed to Feq Zest a }rnffio GG int waiver
stating one (1) of the reasons abov
vii. 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.
as. 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.
bd. 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 C.4.f., 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 C.4.f. 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 C.1.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 transportation
impact fees are still unspent, the remaining balance of such
estimated fees may be transferred to another approved project
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1 within the same, or adjacent, transportation impact fee district,
n 2 provided any vested entitlements associated with the unspent and
3 transferred transportation impact fees are relinquished and the
4 certificate of public facility adequacy is modified to delete those
5 entitlements.
6 # # # # # # # # # # # # #
7 10.02.13 Planned Unit Development (PUD) Procedures
8
9 F. Monitoring Requirements
11 6. Traffic Count Monitoring requirements. A onetime payment for permanent traffic
12 count stations shall be due at the time of the first PUD Annual Monitoring Report
13 following the first certificate of occupancy within the PUD. The payment shall be
14 based upon the number of ingress and /or egress points (Access Points) based
15 upon the conceptual Master Plan within the PUD Ordinance. Each Access Point
16 shall require a payment of $500.00. If additional Access Points are granted at
17 any time an additional payment of $500 per Access Point will be payable with
18 the following Annual Monitoring Report. The Traffic Count monitoring
19 requirement shall be considered fulfilled for all PUD's that have already provided
20 at least one traffic count or payment in lieu of traffic counts. PUD's that have
21 traffic count monitoring language tied to specific commitments within their
22 ordinances shall remain in effect.
23 # # # # # # # # # # # # #
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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
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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
Amend the LDC as follows:
Revised 8/6/12
1 4.05.02 Design Standards
2
3 B. Parking lots and pats shall meet the fnlicming standards:
4
5 maintained OR smeeth, well graded GGRditian. Upon approval of the GGHRt!�
6 MaRager eF designee, a suitable mateFial (lime FGGk eXduded) with a _s4 "ittabile
7 stabilized sl bgrade may be
�substituted fnr the abGve mgtGTrialls.
8 2. Up to seventy (70%)peFGeRt of the parkiRg 6ptaGes for sh v
9
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12 GGunty MaRageF Gr designee may require that these parking spaGes Rc)t be
13 paved.
14 3. SpaGes that aFe not paved shall be GGMpaGted, stabilized, well dFained and
15 sur aGerd with o durable gross nn,.ye F. ,.,I ,,
a
16 4. Drives, apped- s�paGe's and GGess aisslesshaluri be paved.
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18 B. Parking lots and spaces shall meet the following surfacing standards:
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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 subgrade may be substituted for the above materials. Driveways,
hand_ icapped spaces, and access aisles shall be paved.
a. Grass Parking Spaces. Grass parking spaces may conditionally 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 parking 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.
vi. In the written opinion of the applicant's engineer, the grass parking
spaces will not have an adverse affect on the health, safety, and
welfare of the citizens of Collier County.
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
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aisles
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plan
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LDC Amendment Request
ORIGIN: Growth Management Division – Planning and Regulation
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Land Development 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.
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.
(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.
1
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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 Avicenna
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);
(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;
n (i) Public lands designated as conservation or preservation under a
local government comprehensive plan;
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(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, or the property is encumbered by a conservation easement or restrictive covenant in
favor of Collier County.
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
Amend the LDC as follows:
Entire section revised 8/3/12
1 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation
2
3
E.
Exempt
maRgrove
alteFatiGR
PFGjeGtE;.
Mangrove
alteratiGR
PFG�eGts
that
are
exempt
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rnaRgmve
trees,
URIeSS
they
aFe
a
This
part c)f
a preseNe.
exemptiGR
shall not
apply4G
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mangrove altelzations or ren;Gval in any presewe oF in any area where the mangmv
have been retained in satOsfaGt;en of seg-tion -2.0-5.07. The Gollier County EnVOFGRR;e
Aduisereansil (FAG) may grant a vari�o the PFOViSOORS ef this s oti�T
GGFnpliaRGe with the mangreve tree pFeseNatien standaFds of this D'ViGiGR would ;n;p
a- Unique - and - UnnesessaFy hardship en the GWReF or any other ncrSnn in nnntrel of
hardship. Relief s;h;_411 -he gFanted only upon den:iGnsti:atien by the Iandewner or a#e
that the grant of a vaFianGe will be GOnsistent with the intent Of this diViSiGA -and the
nrayAh management nl,n. Mangrove Trimming and alternation that is exclusively
governed by the State pursuant to the Mangrove Trimminq and Preservation Act,
Sections 403.9321 through 403.9333, F.S., excluding property which is encumbered by
a conservation easement or restrictive covenant in favor of Collier County.
F. Except for lots on undeveloped coastal barrier islands, and any project proposing to a-Iter
remove or destroy mangrove trees, 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
peFFnit if it is deteFmiRed that Feasenable effeFts have been undeFtakeR in t I . I i design
aesthetiG appearaAGe of the development by the iRGGFPGFatian ef existing Vegetation on the
A
vegetation removal permit may be issued under the following conditions:
G.
pi:ehibited in all pFeseNes GF areas used to fulfill the native vegetation pFeseFvat;GR
re` uiremen For mangrove trimming or alteration:
1. where a DEP permit has been issued, or the property is exempt from DEP
permitting, in accordance with the Mangrove Trimming and Preservation Act,
Sections 403.9321 through 403.9333, FS, and
2. the property is encumbered by a conservation easement or restrictive covenant
in favor of Collier County, then removal or destruction of manaroves shall only be
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n
Text underlined is new text to be added.
Te)d str'Lethre ,eh is ent te)d to he deleted
Bold text indicates a defined term
1 allowed if:
2 a. it is in accordance with an approved preserve management plan
3 pursuant to Subsection 3.05.07.H,
4 b. the mangroves are impacted by a use allowed in preserves pursuant to
5 Subsection 3.05.07.H or by PUD Ordinance, or
6 C. the BCC approves the mangrove trimming or alteration.
7 # # # # # # # # # # # # #
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 080312.docx
(PLEASE PRINT CLEARLY)
MEETING DATE 000/) Z-
AGENDA ITEM TITLE
L.Uc 4x4k
Agenda Item # U A
(Circle Meeting Type) Regular Special Workshop Budget
3.6�:7.c-�,-L.�3.6s.-:�)S1
NAME �56Zg'.-.M Urf-L- ADDRESS I`�S� (` (Y`t�•,�. .
Representing/ Petitioner: ��Ilserjam-y S o,,, �716rjcic- - Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD