Agenda 06/28/2016 Item #9B 6/28/2016 9.B.
EXECUTIVE SUMMARY
Recommendation to consider adopting an Ordinance amending Ordinance Number 04-41, as
amended, the Collier County Land Development Code, which includes the comprehensive land
regulations for the unincorporated area of Collier County, Florida, by amending Chapter One —
General Provisions; Chapter Two - Zoning Districts and Uses; Chapter Three — Resource
Protection; Chapter Four—Site Design and Development Standards; Chapter Five-Supplemental
Standards; Chapter Six — Infrastructure Improvements and Adequate Public Facilities
Requirements; Chapter Nine —Variations From Code Requirements; Chapter Ten —Application,
Review,and Decision-Making Procedures,and as further described in the attached amendments.
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the proposed 2015
Land Development Code(LDC) Cycle 2 Amendments in order to serve the best interest of the public.
CONSIDERATIONS: During the Fall of 2015, the Board approved a tentative prioritized list of LDC
amendments for the 2015 LDC Amendments Cycle 2. In addition, on January 26, 2016, the Board also
directed staff to prepare an LDC amendment relating to charter schools,which has been included with the
Cycle 2 LDC Amendments. The LDC Amendments have been prepared and vetted for adoption. The
following categories briefly describe each amendment.
Board Directed Amendment:
• To address the compatibility of charter schools and in particular, to require review by the County of
the potential transportation impacts of the school.
Privately Initiated Amendment:
• This amendment proposes to amend the conditional and prohibited uses within the Immokalee Main
Street Overlay (MSOSD). First, to apply the current prohibited commercial uses identified in the
MSOSD to only properties with frontage on Main Street in between First Street and Ninth Street.
Secondly, to allow the current prohibited uses identified in the MSOSD to become conditional uses
for properties with frontage on North First Street, South First Street, and North Ninth Street. This
amendment was submitted by the Immokalee CRA and follows Board direction on December 8,
2015,Item 16.B.1.
Amendments Providing Flexibility:
• Modify when and where preserve signs are required to be installed, including providing exceptions
when abutting other preserves and a reduction in the number of signs when preserves abut lake
maintenance easements.
• Allow existing buildings that are subject to the architectural standards of the LDC the ability to make
architectural modifications through the Site Development Plan Insubstantial Change (SDP') approval
process.
• Provide a new administrative process for Immokalee Nonconforming Mobile Home Parks and Sites
to become legally recognized uses. The "Existing Conditions Site Improvement Plan" application
process requires applicants to demonstrate the existing conditions of the site and meet fire safety
criteria. Once approved,mobile home owners will have the ability to replace mobile home units with
a building permit issued by Collier County.
Clarification and Scrivener's Error Amendments:
• Correct various scrivener's errors, incorrect and missing cross-references, and remove a duplicate
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6/28/2016 9.B.
permitted use in C-5 Zoning District. P-"\
• Replace outdated references to the National Geodetic Vertical Datum of 1929 with references to the
North American Vertical Datum of 1988.
• Clarify when preserves are to be identified on a site plan or conceptual site plan for approval.
• Replace outdated level of service standards for potable water and sanitary sewer-wastewater
treatment facilities with a cross-reference to the Growth Management Plan's Capital Improvement
Element level of service standards. These standards will be updated through the Annual Update and
Inventory Report(AUIR)and Water-Wastewater Master Plan approval process.
• Correct conflicts between criteria established in the administrative minor after-the-fact encroachments
provisions.
Miscellaneous Amendments:
• Introduce a new LDC section to establish minimum parking standards for centralized mail delivery
locations in residential neighborhoods to be consistent with the United States Postal Service delivery
policies.
• Establish standards for temporary special events on private property, including a new provision for
temporary market events. The amendment also reorganizes the time frames for temporary events for
ease of use.
Advisory Board Review and Approval
County staff has worked with community members and advisory boards to develop and publicly vet the
proposed amendments. Specific public comments are included within the respective LDC Amendments.
Beginning in the Fall of 2015, LDC amendments were presented and reviewed by the Development
Services - Land Development Review Subcommittee, the Development Services Advisory Committee,
and the Planning Commission. Amendments that impact the Immokalee area were also shared with the t"'"
Immokalee Community Redevelopment Agency (CRA). The privately initiated amendment changing
permitted and conditional uses in the Main Street Overlay within Immokalee was presented and approved
on April 20, 2016, by the Immokalee CRA Advisory Board. The amendment amending the
nonconforming mobile home site standards was shared with the Immokalee CRA Advisory Board at their
May 18,2016 meeting for informational purposes.
All amendments were approved by the Planning Commission on Wednesday, May 25, 2016, during a
special nighttime hearing. Please see the Summary Sheet, Attachment 1, for all advisory board
recommendations,review,and approval dates.
Board Review
This amendment cycle proposes changes that amend the actual list of permitted,conditional,or prohibited
uses of land within several zoning categories. Pursuant to LDC section 10.03.06 K, these amendments
require two Board hearings, with at least one hearing held after 5:00 p.m., unless by supermajority vote
the Board elects to conduct the hearing at another time of day. On May 10, 2016, the Board waived the
nighttime hearing requirement(Agenda Item 16.A.19).This is the first Board hearing for the amendments
subject to LDC section 10.03.06 K. The second Board hearing to approve the amendments is scheduled
for July 12,2016.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Planning
Commission reviewed the LDC Amendments on April 21, May 5, and May 25, 2016. The Planning
Commission unanimously approved the LDC Amendments during a special nighttime hearing on
Wednesday,May 25,2016.
FISCAL IMPACT:There are no fiscal impacts associated with this Executive Summary.
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6/28/2016 9.B.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires an
affirmative vote of four for Board approval. -SAS
GROWTH MANAGEMENT IMPACT: As noted for each individual amendment.
RECOMMENDATION: To approve the proposed amendments in the 2015 LDC Amendments Cycle 2
and direct staff as to any changes.
Prepared by: Caroline Cilek, AICP, CFM, Land Development Code Manager, Development Review
Division, Growth Management Department
Attachments:
1. LDC Amendments can be accessed here:
http://apps3.colliergov.net/agenda/ftp/2016BCCMeetings./AgendaJun2816/GrowthMgmt/Attachment 2-
Complete LDC Amendment packet.pdf
2. Legal Advertisement
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6/28/2016 9.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.B.
Item Summary: Recommendation to consider adopting an Ordinance amending
Ordinance Number 04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of Collier County,
Florida, by amending Chapter One- General Provisions; Chapter Two-Zoning Districts and
Uses; Chapter Three - Resource Protection; Chapter Four-Site Design and Development
Standards; Chapter Five-Supplemental Standards; Chapter Six- Infrastructure Improvements
and Adequate Public Facilities Requirements; Chapter Nine-Variations From Code
Requirements; Chapter Ten -Application, Review, and Decision-Making Procedures, and as
further described in the attached amendments.
Meeting Date: 6/28/2016
Prepared By
Name: CilekCaroline
Title: Manager-LDC,Development Review
5/23/2016 11:56:43 AM
Submitted by
Title: Manager-LDC,Development Review
Name: CilekCaroline
5/23/2016 11:56:45 AM
Approved By
Name: McLeanMatthew
Title:Project Manager,Principal,Development Review
Date: 5/31/2016 5:45:04 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 6/9/2016 8:19:21 AM
Name: PuigJudy
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6/28/2016 9.B.
Title: Operations Analyst,Operations&Regulatory Management n
Date: 6/9/2016 8:20:21 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/9/2016 10:14:07 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 6/10/2016 2:20:32 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/15/2016 11:04:43 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/20/2016 8:26:21 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/20/2016 11:03:59 AM
Packet Page -112-
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NAPLES DAILY NEWS K Wednesday,June 15,2016 cc 17A
Packet Page -113- .
Attached :
Are the hyperlink
documents from the
Executive Summary
2015 Land Development Code
Amendments Cycle 2 Board of County Commissioners Meeting Tuesday, June 28, 2016
Table of Contents
Amendments and pages are hyperlinked
LDC Section LDC Amendment Description Page
Summary Sheet 2
Board Directed Amendment
LDC sections 2.03.01,
2.0302, 2.03.03, &
5.05.14 (New LDC
section)
Address compatibility of charter schools, in particular
transportation impacts
This LDCA does not apply to the Collier County Public School
District
9
Privately Initiated Amendment
LDC section 2.03.07 Amend conditional and prohibited uses within the Immokalee
Main Street Overlay Subdistrict
17
Amendments Providing Flexibility
LDC sections 3.05.04
& 3.05.07
Amend preserve signage requirements 27
LDC section 10.02.03 Amend SDPI process to allow for architectural and site design
improvements
33
LDC sections 2.03.07,
4.02.33, & 10.02.05
Provide new application and approval process for
nonconforming mobile homes sites in Immokalee to be
considered a permitted use
36
Clarification and Scrivener’s Error Amendments
LDC sections 1.08.02,
2.03.03, 2.03.06,
2.03.08, 3.05.10,
4.06.02, 4.06.05, &
5.06.00
Amend various LDC Sections to correct scrivener errors 51
LDC sections 3.02.10
& 5.03.06
Update the NAVD/NGVD requirements 62
LDC section 3.05.07 Clarify when preserves are identified on site plans 65
LDC sections 6.02.06
& 6.02.07
Amend level of service provisions to cross reference relevant
GMP-CIE and LDC sections
67
LDC section 9.04.04 Address conflicts between criteria in the administrative minor
after-the-fact encroachment provisions
70
Miscellaneous Amendments
LDC section 4.05.10 Introduce parking requirements for residential central mail
delivery locations
74
LDC section 5.04.05 Amend the Temporary Use section to address community
markets on private property
80
1
2016 LDC Amendments – Cycle 2
Summary Sheet with Advisory Board and Board Recommendations
LDC Section(s) Proposed Amendment
Overview
DSAC-LDR Subcommittee
Recommendation
February 1
February 29
April 13
DSAC
Recommendation
April 6
May 4
CCPC
Recommendation
April 21,
May 5,
May 25
Board Directed Amendment
Origin: Board of County
Commissioners
Author: Mike Bosi, Zoning
Division
Section: 2.03.01
Agriculture Zoning
Districts, 2.03.02
Residential Zoning
Districts, 2.03.03
Commercial Zoning
Districts, 5.05.14
Educational Plants
The amendment
proposes that charter
schools, a form of public
school, are required to
pursue an agreement
with the County or a
conditional use where
allowed in order to
identify and address
impacts, in particular
transportation impacts
Approved unanimously
on 4/13.
Approved unanimously on
5/4.
Reviewed on 5/5, with the
following changes: amend
reference to State Statues;
amend Estates district to
reflect use only as an
essential service; limit staff
requests for additional info
to those related to traffic
impacts.
Approved unanimously on
5/25 with no changes.
Privately Initiated Amendment
Origin: Collier County
Redevelopment Agency-
Immokalee
Author: Immokalee CRA
Local Advisory Board
Section: 2.03.07 Overlay
Zoning Districts
This amendment
proposes to amend the
conditional and
prohibitive uses within
the Immokalee Main
Street Overlay
Subdistrict.
Approved unanimously on
4/13 with the following
change: strike through the
redundant statement “…….
Within or in the Main Street
Overlay Subdistrict” where it
is not necessary since the
section in its entirety
pertains to the Main Street
Overlay Subdistrict. This
change has been
incorporated in the current
draft.
Approved unanimously on
5/4.
Reviewed on 4/21 and
unanimously approved on
5/25 with no changes.
2
2016 LDC Amendments – Cycle 2
Summary Sheet with Advisory Board and Board Recommendations
LDC Section(s) Proposed Amendment
Overview
DSAC-LDR Subcommittee
Recommendation
February 1
February 29
April 13
DSAC
Recommendation
April 6
May 4
CCPC
Recommendation
April 21,
May 5,
May 25
Amendments Providing Flexibility
Origin: Environmental and
Natural Resources Division
Author: Stephen Lenberger
Section: 3.05.04 Veg.
Removal and Protection
Standards and 3.05.07
Preservation Standards
The amendment
proposes to amend the
timing of when
protective barriers for
preserves are installed
and to clarify where
permanent preserve
signs are required.
No changes, approved
unanimously on 2/29.
No changes, approved
unanimously on 4/6.
Reviewed on 4/21 and
approved unanimously on
5/25 with no changes.
Origin: Growth
Management Department
Author: GMD Staff
Section: 10.02.03
Requirements for Site
Development, Site
Improvement Plans and
Amendments thereof
The amendment
proposes to expand the
Site Development Plan –
Insubstantial Change
(SDPI) process to include
architectural
modifications to existing
buildings.
Approved unanimously
2/1 with the following
recommendation:
The Subcommittee
recommended that
comprehensive changes to
the SDPI section should be
considered.
No changes, approved
unanimously on 4/6.
Reviewed on 4/21 and
approved unanimously on
5/25 with no changes.
3
2016 LDC Amendments – Cycle 2
Summary Sheet with Advisory Board and Board Recommendations
LDC Section(s) Proposed Amendment
Overview
DSAC-LDR Subcommittee
Recommendation
February 1
February 29
April 13
DSAC
Recommendation
April 6
May 4
CCPC
Recommendation
April 21,
May 5,
May 25
Origin: Growth
Management Department
Author: GMD Staff
Section: 2.03.07 Overlay
Zoning Districts, 4.02.03
Specific Design Standards
for the Immokalee—
Mobile Home Park Overlay
Subdistrict, 10.02.05
Construction, Approval,
and Acceptance of
Required Improvements.
This amendment
proposes a new
application and process
for nonconforming
mobile homes sites in
Immokalee to be
considered a permitted
use. It establishes “an
existing conditions site
improvement plan”
application to allow
property owners to be
eligible to replace mobile
home units through the
new approval process.
Reviewed on 4/13.
Suggested changes
including formatting and
content of the
applicability section.
Inquired as to the
inspections process.
Subcommittee would like
to re-review LDCA prior to
DSAC approval. The
updated LDCA was
provided to the
subcommittee prior to
DSA review and approval.
Approved unanimously on
5/4.
Reviewed on 5/5 and
unanimously approved on
5/25 with no changes.
Clarification and Scrivener’s Error Amendments
Origin: Planning and
Zoning
Author: GMD Staff
Section: 1.08.02, 2.03.03
and other sections,
including correcting cross-
references, conflicts, and
scrivener’s errors
The amendment corrects
various scrivener errors,
incorrect or missing cross
references, removes a
duplicate permitted use
in C-5 Zoning District and
addresses overlapping
definitions.
No changes, approved
unanimously on 2/1.
No changes, approved
unanimously on 4/6.
Reviewed on 4/21
approved unanimously with
no changes on 5/25.
4
2016 LDC Amendments – Cycle 2
Summary Sheet with Advisory Board and Board Recommendations
LDC Section(s) Proposed Amendment
Overview
DSAC-LDR Subcommittee
Recommendation
February 1
February 29
April 13
DSAC
Recommendation
April 6
May 4
CCPC
Recommendation
April 21,
May 5,
May 25
Origin: Growth
Management Department
Author: GMD Staff
Section: 3.02.10 Standards
for Subdivision Plats and
5.03.06 Dock Facilities
The amendment
proposes to replace
outdated references to
the National Geodetic
Vertical Datum of 1929
(NGVD) with references
to the North American
Vertical Datum of 1988
(NAVD).
No changes, approved
unanimously on 2/1.
No changes, approved
unanimously on 4/6.
Reviewed on 4/21 and
unanimously approved on
5/25 with no changes.
Origin: Environmental and
Natural Resources Division
Author: Stephen Lenberger
Section: 3.05.07
Preservation Standards
The amendment
proposes to clarify that
preserves are to be
identified at the time of
first development order
that requires the
approval of a site plan or
conceptual site plan.
Approved unanimously
on 2/29, with the
following change:
“The Preserve shall be
identified at the time of
the first submittal for a
development order…”
This change has been
incorporated in the
current draft.
No changes, approved
unanimously on 4/6.
Reviewed on 4/21 and
approved unanimously on
5/25 with no changes.
5
2016 LDC Amendments – Cycle 2
Summary Sheet with Advisory Board and Board Recommendations
LDC Section(s) Proposed Amendment
Overview
DSAC-LDR Subcommittee
Recommendation
February 1
February 29
April 13
DSAC
Recommendation
April 6
May 4
CCPC
Recommendation
April 21,
May 5,
May 25
Origin: Growth
Management Department
Author: GMD Staff
Section: 6.02.06 Potable
Water Facility Level of
Service Requirements and
6.02.07 Sanitary Sewer
Facility Level of Service
Requirements
This amendment
proposes to remove
outdated standards for
potable water and
sanitary sewer facilities
level of service
requirements and
provide a cross reference
to level of service
standards in the GMP
Capital Improvement
Element.
No changes, approved
unanimously on 4/13.
Approved unanimously on
5/4.
Reviewed on 4/21 and
approved unanimously on
5/25 with no changes.
Origin: Growth
Management Department
Author: GMD Staff
Section: 9.04.04 Specific
Requirements for Minor
After-the-Fact
Encroachment
This amendment
proposes to address
conflicts with the criteria
in the administrative
minor- after- the fact
encroachment
provisions.
No changes, approved
unanimously on 2/1.
No changes, approved
unanimously on 4/6.
Reviewed on 4/21 and
approved unanimously on
5/25 with no changes.
6
2016 LDC Amendments – Cycle 2
Summary Sheet with Advisory Board and Board Recommendations
LDC Section(s) Proposed Amendment
Overview
DSAC-LDR Subcommittee
Recommendation
February 1
February 29
April 13
DSAC
Recommendation
April 6
May 4
CCPC
Recommendation
April 21,
May 5,
May 25
Miscellaneous Amendments
Origin: United States
Postal Service
Author: Development
Review Division
Section 4.05.10 (New
Section) Parking for
Residential Central Mail
Delivery Locations (CMDL)
The amendment
proposes to establish
minimum design
standards for the
placement of centralized
neighborhood mail kiosks
and cluster box units.
Design standards include
location and dimensions
of parking, lighting, and
access to CMDL, with
exceptions for when
CMDLs are located in
small neighborhoods or
in community facilities.
Approved unanimously
2/29 with the following
recommendation:
Consider adding flexibility
to provide no parking
spaces based on location
and the number of
households.
Recommendation was
incorporated and flexibility
is provided for kiosks
serving a small
neighborhood.
No changes, approved
unanimously on 4/6.
Reviewed on 4/21 and
approved unanimously on
5/25 with no changes.
7
2016 LDC Amendments – Cycle 2
Summary Sheet with Advisory Board and Board Recommendations
LDC Section(s) Proposed Amendment
Overview
DSAC-LDR Subcommittee
Recommendation
February 1
February 29
April 13
DSAC
Recommendation
April 6
May 4
CCPC
Recommendation
April 21,
May 5,
May 25
Origin: Board of County
Commissioners
Author: GMD Staff
Section: 5.04.05
Temporary Events
The amendment
proposes a new provision
for temporary market
events, such as farmers
markets, art fairs, and
craft fairs, to the special
events section.
Approved unanimously
2/29 with the following
changes:
1) Remove the word
“certain” from Section
5.04.05 A.2.
2) Clarify how maximum
event days are calculated.
3) Allow a maximum of 2
temporary signs for
Temporary Market Events.
4) Clarify the licensing
requirements for vendors.
These changes have all
been incorporated in the
current draft.
No changes, approved
unanimously on 4/6.
Reviewed on 4/21, with the
following changes: clarify
process for the “termination
of convenience for private
property” and who is
responsible to display
licenses for each vendor.
Staff will bring back
additional corrections.
The termination of
convenience language was
removed and license
information clarified.
Approved unanimously on
5/25 with a change to
ensure any off-site parking is
equivalent to the permitted
vehicle use area for the
event.
8
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LDC Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Mike Bosi, Director, Zoning Division
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 2.03.01 Agricultural Zoning Districts
2.03.02 Residential Zoning Districts
2.03.03 Commercial Zoning Districts
5.05.14 Public Schools (a new LDC section)
CHANGE: This amendment proposes that charter schools, a form of public school, are reviewed
by the County prior to opening for certain compatibility considerations, such as locating within
residential zoning districts and potential transportation impacts. Each of the zoning districts that
list public schools as a permitted use are amended to reference the new section that contains the
processes and additional compatibility standards. Note: Educational facilities, as defined in the
LDC, are exempt from the proposed changes and LDC section 5.05.14.
The amendment provides options for public schools to be approved by the County as follows:
1. To allow all forms of public schools, including charter schools, the opportunity to pursue
an agreement with Collier County pursuant to Florida Statutes to include, but not limited
to, the criteria established in F.S. §163.31777 Public schools interlocal agreement and F.S.
§ 1013.33 Coordination of planning with local governing bodies. These statutes provide
direction on addressing land use considerations and coordination with the County.
It is important to note that in the Estates district, educational plants are a permitted use only
as essential services. Furthermore, essential services are, in part, defined by LDC section
1.08.02 as a governmental facility. Therefore, only a public school which is a governmental
facility is a permitted use in the Estates. However, a charter school could pursue a
conditional use to locate in the Estates.
2. Where no agreement with the County is sought, the following applies:
a. In the Estates district, educational plants that are not essential services are a
conditional use.
b. For public schools located in residential districts, the public school will be required
to apply for a conditional use and submit the application materials and meet the site
design standards identified in LDC section 5.05.14.
c. For public schools located in a commercial district, a site plan application and site
design standards, such as addressing traffic circulation and providing connections
from the site to external pathways, will also be required.
REASON: Florida Statute 1002.33 – Charter Schools, dictates that, “All Charter schools in Florida
are public schools,” and further states, “a local governing authority must treat charter schools
9
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equitably in comparison to similar requirements, restrictions, and processes imposed upon public
schools that are not charter schools.”
However, individual charter schools are not subject to the 2008 interlocal agreement between the
County and the District School Board. At this time there is no method to conduct a land use review
or analyze the proposed use for compatibility with the surrounding area. Further, the current
administrative process for charter schools to open and operate provides no opportunity for local
residential neighborhoods or infrastructure providers to examine or influence the proposed
facility’s impacts. The LDC amendment amending residential zoning districts proposes to provide
a standard level of compatibility analysis for all public schools, regardless of ownership or
administration.
In addition, changes are proposed to the commercial zoning districts where education plants are
also a permitted use. The change stems from past experiences with charter schools utilizing
existing buildings in an office complex or business park and recognizing their impact upon the
local transportation system. Charter schools currently occupy locations at Radio Road and Airport
Pulling Road in Collier County and South Horseshoe Drive and Airport Pulling Road, in Naples.
The later site, although in Naples, provides an example of an educational plant located inside a
business park. The structures occupied by the charter schools were designed and were previously
occupied by traditional office end-users. Therefore, the drop-off/pick-up aspects of a school were
not incorporated into the original building’s site plan or analyzed for localized impacts to the
surrounding local roadways or nearby arterial roadways. The lack of analysis has created
congestion in the business park during the drop-off/pick-up time periods. It is proposed that a
school utilizing an existing structure submit a traffic impact study that will enable the County’s
transportation planning division to review and incorporate design solutions and potential vehicle
trip caps to account for the impacts to the local transportation system.
The changes will provide consistency with current practices. For example, the County and the
Collier County School Board have an interlocal agreement which establishes standards for land
use review at multiple stages. The agreement contains sixteen review criteria that are to be
considered by the County when evaluating potential educational facility sites, expansions,
construction that changes the primary use of a facility, stadium construction, or construction that
results in greater than 5 percent increase in student capacity (pg. 11). These standards would be
included in any agreement between a public school and Collier County. Further, some of these
standards are incorporated into the proposed language.
The Growth Management Plan, Future Land Use Element Policy 5.14, also provides guidance on
the acquisition of future sites for educational plants. Policy 5.14 d outlines the mailed notice
requirements and requires that any public commentary received as a result of the mailed notice is
provided to the Collier County School Board. The GMP also notes LDC section 10.02.03 A.5.b.ii
which outlines the School Board Review Exemptions. This section is no longer binding, but
provides guidance for compatibility analysis as well. The provisions established in the interlocal
agreement, GMP, and LDC recognize that a school can have land use impacts that are beneficial
to a community and other impacts that can be alleviated through design considerations. Some of
the considerations noted in the interlocal agreement include: location and walkability to new
elementary and middle schools, compatibility of schools with present and future adjacent
properties, safe access to the site by pedestrians and vehicles, public facility adequacy,
environmental constraints, soil characteristics, stormwater management, etc. All of these
10
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considerations would be addressed either through a conditional use or through an administrative
process.
The Planning Commission recommended clarifying that educational plants and public schools, are
permitted uses in the Estate District only as an essential service. As noted earlier, essential services
are, in part, defined by LDC section 1.08.02 as a governmental facility. The clarification is based
on LDC section 2.01.03 D which states that within the estate zoning district “governmental
services and facilities shall be considered permitted essential services [including] nonresidential
education facilities…”.
DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed
amendment with no changes on April 13, 2016.
DSAC RECOMMENDATIONS: Unanimously approved with no changes on May 4, 2016.
PLANNING COMMISSION RECOMMENDATIONS: On May 5, 2016, the Planning
Commission recommended the Estates Zoning District be amended to note that Educational plants
and public schools are an essential service pursuant to LDC section 2.03.01 D. The change has
been incorporated and the amendment was unanimously approved by 6-0 vote on May 25, 2016.
FISCAL & OPERATIONAL IMPACTS: There are no identified fiscal impacts to the
proposed changes. The changes are anticipated to improve the operational impacts of new
facilities on surrounding infrastructure.
RELATED CODES OR REGULATIONS: Florida Statutes 1002.23
GROWTH MANAGEMENT PLAN IMPACT: The proposed change will align with policy
5.14 of the Future Land Use Element (FLUE) of the GMP, which provides for the compatibility
process for new public schools.
OTHER NOTES/VERSION DATE:
Prepared by Mike Bosi, March 15, 2016
Amend the LDC as follows:
2.03.01 Agricultural Districts 1
* * * * * * * * * * * * * 2
B. Estate District (E). 3
* * * * * * * * * * * * * 4
1. The following subsections identify the uses that are permissible by right and 5
the uses that are allowable as accessory or conditional uses in the estates 6
district (E). 7
a. Permitted uses. 8
* * * * * * * * * * * * * 9
4. Schools, public, including "Educational plants,." as an 10
essential service. 11
* * * * * * * * * * * * * 12
c. Conditional uses. For Estates zoning within the Golden Gate Estates 13
subdivision, the Golden Gate Area Master Plan in the GMP restricts the 14
11
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location of conditional uses. The following uses are permissible as 1
conditional uses in the estates district (E), subject to the standards 2
and procedures established in LDC section 10.08.00: 3
* * * * * * * * * * * * * 4
11. Public schools without an agreement with Collier County, as 5
described in LDC section 5.05.14. Additional standards in LDC 6
section 5.05.14 shall also apply. 7
# # # # # # # # # # # # # 8
9
2.03.02 Residential Zoning District 10
11
A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). 12
* * * * * * * * * * * * * 13
1. The following subsections identify the uses that are permissible by right and 14
the uses that are allowable as accessory or conditional uses in the 15
residential single-family districts (RSF). 16
a. Permitted uses. 17
* * * * * * * * * * * * * 18
3. Schools, public. This includes “Educational plants;” and public 19
schools with an agreement with Collier County, as described in 20
LDC section 5.05.14; however, any high school located in this 21
district is subject to a compatibility review as described in 22
LDC section 10.02.03. 23
* * * * * * * * * * * * * 24
c. Conditional uses. The following uses are permissible as conditional 25
uses in the residential single-family districts (RSF), subject to the 26
standards and procedures established in LDC section 10.08.00. 27
* * * * * * * * * * * * * 28
11. Public schools without an agreement with Collier County, as 29
described in LDC section 5.05.14. Additional standards in LDC 30
section 5.05.14 shall also apply; however, any high school 31
located in this district is subject to a compatibility review as 32
described in LDC section 10.02.03. 33
* * * * * * * * * * * * * 34
B. Residential Multi-Family-6 District (RMF-6). 35
* * * * * * * * * * * * * 36
1. The following subsections identify the uses that are permissible by right and 37
the uses that are allowable as accessory or conditional uses in the RMF-6 38
district. 39
a. Permitted uses. 40
* * * * * * * * * * * * * 41
5. Educational plants and public schools with an agreement with 42
Collier County, as described in LDC section 5.05.14; however, 43
any high school located in this district is subject to a 44
compatibility review as described in LDC section 10.02.03. 45
* * * * * * * * * * * * * 46
c. Conditional uses. The following uses are permissible as conditional 47
uses in the RMF-6 district, subject to the standards and procedures 48
established in LDC section 10.08.00. 49
* * * * * * * * * * * * * 50
12
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10. Public schools without an agreement with Collier County, as 1
described in LDC section 5.05.14. Additional standards in LDC 2
section 5.05.14 shall also apply; however, any high school 3
located in this district is subject to a compatibility review as 4
described in LDC section 10.02.03. 5
6
* * * * * * * * * * * * * 7
C. Residential Multi-Family-12 District (RMF-12). 8
* * * * * * * * * * * * * 9
1. The following subsections identify the uses that are permissible by right and 10
the uses that are allowable as accessory or conditional uses in the 11
residential multi-family-12 district (RMF-12). 12
a. Permitted uses. 13
* * * * * * * * * * * * * 14
6. Educational plants and public schools with an agreement with 15
Collier County, as described in LDC section 5.05.14; however, 16
any high school located in this district is subject to a 17
compatibility review as described in LDC section 10.02.03. 18
* * * * * * * * * * * * * 19
c. Conditional uses. The following uses are permissible as conditional 20
uses in the residential multiple-family-12 district (RMF-12), subject to the 21
standards and procedures established in LDC section 10.08.00. 22
* * * * * * * * * * * * * 23
8. Public schools without an agreement with Collier County, as 24
described in LDC section 5.05.14. Additional standards in LDC 25
section 5.05.14 shall also apply; however, any high school located 26
in this district is subject to a compatibility review as described in 27
LDC 10.02.03. 28
* * * * * * * * * * * * * 29
D. Residential Multi-Family-16 District (RMF-16). 30
* * * * * * * * * * * * * 31
1. The following subsections identify the uses that are permissible by right and the 32
uses that are allowable as accessory or conditional uses in the residential 33
multi-family-16 district (RMF-16). 34
a. Permitted uses. 35
* * * * * * * * * * * * * 36
4. Educational plants and public schools with an agreement with 37
Collier County, as described in LDC section 5.05.14; however, 38
any high school located in this district is subject to a 39
compatibility review as described in LDC section 10.02.03. 40
* * * * * * * * * * * * * 41
c. Conditional uses. The following uses are permissible as conditional 42
uses in the residential multiple-family-16 district (RMF-16), subject to 43
the standards and procedures established in LDC section 10.08.00. 44
* * * * * * * * * * * * * 45
8. Public schools without an agreement with Collier County, as 46
described in LDC section 5.05.14. Additional standards in LDC 47
section 5.05.14 shall also apply; however, any high school located 48
in this district is subject to a compatibility review as described in 49
LDC section 10.02.03. 50
* * * * * * * * * * * * * 51
F. Village Residential District (VR). 52
13
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* * * * * * * * * * * * * 1
1. The following subsections identify the uses that are permissible by right and the 2
uses that are allowable as accessory or conditional uses in the village 3
residential district (VR). 4
a. Permitted uses. 5
* * * * * * * * * * * * * 6
6. Educational plants and public schools with an agreement with 7
Collier County, as described in LDC section 5.05.14; however, 8
any high school located in this district is subject to a 9
compatibility review as described in LDC section 10.02.03. 10
* * * * * * * * * * * * * 11
c. Conditional uses. The following uses are permissible as conditional 12
uses in the village residential district (VR), subject to the standards and 13
procedures established in LDC section 10.08.00. 14
* * * * * * * * * * * * * 15
11. Public schools without an agreement with Collier County, as 16
described in LDC section 5.05.14. Additional standards in LDC 17
section 5.05.14 shall also apply; however, any high school located 18
in this district is subject to a compatibility review as described in 19
LDC section 10.02.03. 20
* * * * * * * * * * * * * 21
G. Mobile Home District (MH). 22
1. The following subsections identify the uses that are permissible by right and 23
the uses that are allowable as accessory or conditional uses in the mobile 24
home district (MH). 25
a. Permitted uses. 26
* * * * * * * * * * * * * 27
5. Educational plants and public schools with an agreement with 28
Collier County, as described in LDC section 5.05.14; however, 29
any high school located in this district is subject to a 30
compatibility review as described in LDC section 10.02.03. 31
* * * * * * * * * * * * * 32
c. Conditional uses. The following uses are permissible as conditional 33
uses in the mobile home district (MH), subject to the standards and 34
procedures established in LDC section 10.08.00. 35
* * * * * * * * * * * * * 36
7. Educational plants and public schools without an agreement 37
with Collier County, as described in LDC section 5.05.14. 38
Additional standards in LDC section 5.05.14 shall also apply; 39
however, any high school located in this district is subject to a 40
compatibility review as described in LDC section 10.02.03. 41
# # # # # # # # # # # # # 42
43
2.03.03 Commercial Zoning Districts 44
45
A. Commercial Professional and General Office District (C-1). 46
* * * * * * * * * * * * * 47
1. The following uses, as identified with a number from the Standard Industrial 48
Classification Manual (1987), or as otherwise provided for within this section 49
are permissible by right, or as accessory or conditional uses within the C-1 50
commercial professional and general office district. 51
a. Permitted uses. 52
14
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* * * * * * * * * * * * * 1
17. Educational plants. and public schools subject to LDC section 2
5.05.14. 3
* * * * * * * * * * * * * 4
B. Commercial Convenience District (C-2). 5
* * * * * * * * * * * * * 6
1. The following uses, as identified with a number from the Standard Industrial 7
Classification Manual (1987), or as otherwise provided for within this section 8
are permissible by right, or as accessory or conditional uses within the C-2 9
commercial convenience district. 10
a. Permitted uses. 11
* * * * * * * * * * * * * 12
25. Educational plants. and public schools subject to LDC section 13
5.05.14. 14
* * * * * * * * * * * * * 15
C. Commercial Intermediate District (C-3). 16
* * * * * * * * * * * * * 17
1. The following uses, as identified with a number from the Standard Industrial 18
Classification Manual (1987), or as otherwise provided for within this section 19
are permissible by right, or as accessory or conditional uses within the 20
commercial intermediate district (C-3). 21
a. Permitted uses. 22
* * * * * * * * * * * * * 23
31. Educational plants. and public schools subject to LDC section 24
5.05.14. 25
* * * * * * * * * * * * * 26
D. General Commercial District (C-4). 27
* * * * * * * * * * * * * 28
1. The following uses, as defined with a number from the Standard Industrial 29
Classification Manual (1987), or as otherwise provided for within this section 30
are permissible by right, or as accessory or conditional uses within the 31
general commercial district (C-4). 32
a. Permitted uses. 33
* * * * * * * * * * * * * 34
49. Educational plants. and public schools subject to LDC section 35
5.05.14. 36
* * * * * * * * * * * * * 37
E. Heavy Commercial District (C-5). 38
* * * * * * * * * * * * * 39
1. The following uses, as identified with a number from the Standard Industrial 40
Classification Manual (1987), or as otherwise provided for within this section 41
are permissible by right, or as accessory or conditional uses within the 42
heavy commercial district (C-5). 43
a. Permitted uses. 44
* * * * * * * * * * * * * 45
57. Educational plants. and public schools subject to LDC section 46
5.05.14. 47
# # # # # # # # # # # # # 48
49
5.05.14 Public Schools 50
51
15
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A. Purpose and intent. This section is intended to provide for compatibility of public 1
schools in Estates, residential, and commercial zoning districts. In particular, this section 2
seeks to ensure that impacts to traffic circulation, vehicle stacking, and vehicular and 3
pedestrian access to the site are reviewed by the County and impacts are mitigated. All 4
applications for public schools submitted as of [effective date of Ord.] shall be 5
considered in the manner described by this section. 6
B. All public schools shall meet the standards in LDC sections 5.05.14 C, D, and E below, 7
unless an agreement is established between the operator of the public school and the 8
Board of Collier County Commissioners that addresses, at a minimum, the issues 9
established in F.S. §§ 163.31777 and 1013.33. 10
C. Requirements where no agreement is established between the operator of the public 11
school and the Board of County Commissioners: 12
1. Public schools located within the Estates or residential zoning districts shall be 13
subject to conditional use approval and this section. 14
2. Public schools located within a commercial zoning district that construct a new 15
building(s) or occupy an existing building(s), or there is an expansion to the 16
school which results in greater than a 5 percent increase in student capacity shall 17
comply with this section. 18
D. Traffic circulation standards for all application types: 19
1. Vehicles trips dedicated to the public school shall not queue or have an impact 20
on existing through-lanes on the adjacent roadways and shall be addressed in 21
accordance with TIS guidelines and procedures. 22
2. Pedestrian access shall be provided from the public school to external 23
pathways. 24
E. Application requirements. 25
1. A SDP, SDPA, SDPI, or a SIP shall be submitted pursuant to LDC section 26
10.02.03 and shall demonstrate the following: 27
a. The location of all drop-off and pick-up and sites, such as those for 28
vehicles and buses. 29
b. The location of on-site stacking lanes that serve drop-off and pick-up 30
sites. 31
c. The location of new or existing turn lanes. 32
d. The location of all internal pedestrian connections and the location of 33
pedestrian access points to exterior pathways. 34
e. Any additional information requested by the County Manager or designee 35
regarding traffic impacts. 36
2. A TIS, in accordance with the TIS guidelines and procedures, shall demonstrate 37
the following: 38
a. The trip distribution percentages and number of trips, and trip 39
assignments of where vehicles and buses will enter and exit the site. 40
b. Any additional information requested by the County Manager or designee 41
regarding traffic impacts. 42
F. Educational facilities, as defined in LDC section 1.08.02, shall be exempt from this 43
section. 44
45
# # # # # # # # # # # # #46
16
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Land Development Code Amendment Request
ORIGIN: Collier County Community Redevelopment Agency (CRA) - Immokalee
AUTHOR: Immokalee CRA Local Advisory Board Directed
DEPARTMENT: Immokalee CRA
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 2.03.07 Overlay Zoning Districts
CHANGE: This amendment proposes to amend the conditional and prohibited uses within the
Immokalee Main Street Overlay (MSOSD). First, to apply the current prohibited commercial uses
identified in the MSOSD to only properties with frontage on Main Street in between First Street
and Ninth Street (Light Blue - Dotted area on Figure 1). Secondly, to allow the current prohibited
uses identified in the MSOSD to become conditional uses for properties with frontage on North
First Street, South First Street, and North Ninth Street (Yellow - Highlighted areas on Figure 1).
Apart from the street segments noted above, there are no changes to the underlying zoning districts.
Many of the prohibited uses which will apply to Main Street in between First Street and Ninth
Street are permitted in the underlying commercial zoning districts.
It is important to note that the LDC defines frontage as: “Frontage: The side of a lot or parcel
abutting a street. Where a lot abuts 2 or more streets, frontage is defined as the side of a lot where
the main building entrance is located.”
In addition, the amendment proposes to revise “Map 7 - Main Street Overlay Subdistrict” in LDC
section 2.03.07 G. The revised map will: 1) update the overlay boundaries as established by zoning
atlas map number 7903S; 2) identify “hatched properties” which describe permitted uses
established in LDC section 2.03.07 G.5.b.; and 3) update the legend to include a reference to the
“hatched properties.”
REASONS: The Immokalee MSOSD was originally codified through the adoption of Ordinance
No. 2000-08. The purpose and intent of the overlay designation was to “encourage development
and redevelopment by enhancing and beautifying the downtown Main Street area through flexible
design and development standards” (Ordinance No. 2000-08, Section 2.2.28.1).
Currently, the MSOSD prohibits a number of automotive support uses including convenience
stores, gasoline stations, oil/lube facilities, drive-thru operations, car wash businesses, automotive
dealerships, and tire repair facilities on portions of Main Street, North First Street, South First
Street, and North Ninth Street. Since August of 2015, various buyers have sought to purchase
properties for uses, such as a car dealership, gas station/convenience store, and a motel in areas
where these uses are prohibited. Therefore, they did not enter into purchase agreements due to
land use limitations.
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To address the concern, CRA staff identified options to stimulate commercial development and
presented them to the Immokalee Local Redevelopment Advisory Board (ILRAB). By unanimous
vote on August 19, 2015, the ILRAB approved the submittal of an LDC amendment application
to alter the existing overlay boundary of the Immokalee MSOSD and thereby seek relief from
prohibited uses identified in LDC section 2.03.07 G.5 in order to incentivize commercial
development. However, the ILRAB maintained the original intent to retain the prohibited uses for
properties with frontage on Main Street located in between First Street and Ninth Street. See
Figure 1 below for a map of the properties that fall under the exception.
Since that time, the ILRAB reconsidered their initial LDC amendment application and
unanimously voted on November 18, 2015, to instead seek relief from the prohibited uses through
the conditional use process rather than alter the existing MSOSD boundary. Relief through a
conditional use would be provided for properties with frontage on North First Street, South First
Street, and North Ninth Street (Shaded Yellow areas on Figure 1). The conditional uses would not
apply to properties with frontage on Main Street located in between First Street and Ninth Street.
The principle reason for this exception is to preserve these streets as a pedestrian oriented district
and to support public safety.
The ILRAB supported providing a conditional use process because each application for a
conditional use would be reviewed, vetted on a case-by-case basis, and assessed for compatibility
with the surrounding area. In addition, the ILRAB would be able to provide public comments on
conceptual site plans and development standards, such as lighting, noise, landscape buffers,
parking, etc., during a public hearing process. Furthermore, an applicant would be required to
hold a neighborhood information meeting, which is a publically noticed forum for neighboring
property owners to learn about the proposed development.
The ILRAB relayed that the LDC amendment request will broaden the list of uses available in the
MSOSD and has the potential to bolster economic development and foster job creation by
increased commercial occupancy rates.
The land uses identified as conditional uses have been reviewed and were amended to remove
redundancy. Further, in an effort to update the land use terms, the amendment proposes to
replace the use “Gasoline services stations (5541)” with “facilities with fuel pumps” which is a
defined term in the LDC.
Proposed Changes for Uses in MSOSD
Properties
Fronting Streets
Current
Permitted
Current
Prohibited
Current
Conditional
Main Street in between First
Street and Ninth Street (Dotted
Area)
No Change
North First Street (Shaded Area)
No Change To Become
Conditional Uses No Change South First Street (Shaded Area)
North Ninth Street (Shaded Area)
Underlying Zoning Districts per
2.03.07 G. No Change
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Figure 1
Not To Be Codified
South First
Street
North First Street North Ninth
Street
Main Street
First to Ninth
Street
Key:
No Change
to Uses
Prohibited
Uses to
Conditional
Uses
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In addition, the amendment proposes to revise “Map 7 - Main Street Overlay Subdistrict” in LDC
section 2.03.07 G. The revised map will: 1) update the overlay boundaries as established by zoning
atlas map number 7903S; 2) identify “hatched properties” which describe permitted uses
established in LDC section 2.03.7 G.5.b.; and 3) update the legend to include a reference to the
“hatched properties.”
The amendment updates the overlay subdistrict boundaries in the informational “Map 7 - Main
Street Overlay Subdistrict” in LDC section 2.03.07 G. to be consistent with the zoning atlas map
number 7903S (see illustrations below).
To provide clarity, it is proposed the “hatched properties,” which allow for additional permitted
uses in the subdistrict, are added to the overlay and noted in the map’s legend. The “hatched
properties” allow all uses established in the underlying zoning district (C-1) and communication
towers subject to conditions. The “hatched properties” do not allow for automobile parking lots
(SIC 7521).
Old
Boundary
Hatched
Properties
Current
Boundary
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IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD
RECOMMENDATIONS: No changes, approved unanimously on 3/16/16. In addition, the
Advisory Board requested staff relay that consideration should be given to release or reduce
impact fees and application filing fees to incentivize commercial business development in
Immokalee.
DSAC-LDR RECOMMENDATIONS: Approved unanimously on April 13, 2016, with the
following change: strike through the redundant statement “……. Within or in the Main Street
Overlay Subdistrict” where it is not necessary since the section in its entirety pertains to the Main
Street Overlay Subdistrict. This change has been incorporated in the current draft.
DSAC RECOMMENDATIONS: Approved unanimously with no changes on May 4, 2016.
PLANNING COMMISSION RECOMMENDATIONS: The amendment was reviewed on
April 21, 2016, and May 25, 2016. During the May 25, 2016, public hearing, an existing gas
station owner requested that prohibited gas stations be a permitted use on Main Street. The
Planning Commission directed the owner to meet with Planning and Zoning staff to determine if
the proposed expansion to the convenience store without any increase to fuel pumps can be
processed as a SDPI. The amendment was approved unanimously with no changes on May 25,
2016.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
at this time.
RELATED CODES OR REGULATIONS: Ordinance No. 2000-08 regarding the adopting of
the Immokalee MSOSD and Ordinance No. 2002-33 (Applicant: Empowerment Alliance of SW
Florida).
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP at
this time.
OTHER NOTES/VERSION DATE:
Richard Henderlong, Principal Planner 5/26/16
Amend the LDC as follows:
2.03.07 Overlay Zoning Districts 1
* * * * * * * * * * * * * 2
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District 3
with distinct subdistricts for the purpose of establishing development criteria suitable 4
for the unique land use needs of the Immokalee Community. The boundaries of the 5
Immokalee Urban Overlay District are delineated on the maps below. 6
* * * * * * * * * * * * * 7
5. Main Street; Overlay Subdistrict. Special conditions for the properties 8
identified in the Immokalee Area Master Plan; referenced on Map 7; and 9
further identified by the designation "MSOSD" on the applicable official Collier 10
County Zoning Atlas Maps. The purpose of this designation is to encourage 11
21
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development and redevelopment by enhancing and beautifying the downtown 1
Main Street area through flexible design and development standards. 2
a. Permitted uses. For all properties within the Main Street Overlay 3
Subdistrict, except for properties hatched as indicated on Map 7, the 4
Main Street Overlay Subdistrict, all permitted uses within the uses 5
within the underlying zoning districts contained within this Subdistrict, 6
and the following uses may be permitted as of right in this Subdistrict: 7
1. Hotel and motels (7011) 8
2. Communication towers, as defined in section 5.05.09, subject to 9
the following: 10
i. Such tower is an essential service use as defined by 11
subsection 2.01.03 A.4; and 12
ii. Such tower may not exceed a height of 75 feet above 13
grade including any antennas attached thereto. 14
b. Permitted uses. For hatched properties within the Main Street Overlay 15
Subdistrict, all permitted uses within the underlying zoning districts 16
contained within this Subdistrict, and the following uses are permitted 17
as of right in this Subdistrict: 18
1. All uses allowed in the Commercial Professional District (C-1), 19
of this Code, except for group 7521. 20
2. Communication tower s, as defined in section 5.05.09 subject to 21
the following: 22
i. Such tower is an essential service use as defined by 23
subsection 2.01.03 A.4; and 24
ii. Such tower may not exceed a height of 75 feet above 25
grade including any antennas attached thereto. 26
c. Prohibited uses. All uses prohibited within the underlying residential 27
and commercial zoning districts contained within this Subdistrict, and 28
the following uses, shall be prohibited on properties with frontage on 29
Main Street in between First Street and Ninth Street in the Main 30
Street Overlay Subdistrict: 31
1. Automobile parking (7521) on all properties having frontage on 32
Main Street, North First Street, South First Street and North 9th 33
Street within the Main Street Overlay Subdistrict. 34
2. Automotive dealers (5511, 5521, 5531 installation, 5551, 5561, 35
5571, 5599) on all properties having frontage on Main Street, 36
North First Street, South First Street and North 9th Street within 37
the Main Street Overlay Subdistrict. 38
3. Facility with fuel pumps. Gasoline service stations (5541) on 39
all properties having frontage on Main Street and gasoline 40
service stations (5541 with services and repairs as described in 41
section-5.05.05) are on all properties having frontage on North 42
First Street and South First Street within the Main Street 43
Overlay Subdistrict. 44
4. Primary uses such as convenience stores and grocery stores 45
are prohibited from servicing and repairing vehicles in 46
conjunction with the sale of gasoline.,on all properties having 47
frontage on Main Street, North First Street, South First Street 48
and North 9th Street within the Main Street Overlay Subdistrict. 49
5. Automotive repair, services, parking (7514, 7515, 7521) and 50
carwashes (7542) on all properties having frontage on Main 51
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Street, North First Street, South First Street and North 9th Street 1
within the Main Street Overlay Subdistrict. 2
6. Radio and television repair shops (7622 automotive) is 3
prohibited on all properties having frontage on Main Street, 4
North First Street, South First Street and North 9th Street within 5
the Main Street Overlay Subdistrict. 6
7. Outdoor storage yards and outdoor storage are prohibited 7
within any front, side or rear yard on all properties within the 8
Main Street Overlay Subdistrict. 9
8. Drive-through areas shall be prohibited on all properties having 10
frontage on Main Street, North First Street, South First Street 11
and North 9th Street within the Main Street Overlay Subdistrict. 12
9. Warehousing (4225). 13
10. Communication towers, as defined in section 5.05.09 of this 14
Code, except as otherwise permitted in this Subdistrict. 15
11. Any other heavy commercial use which is comparable in nature 16
with the forgoing uses and is deemed inconsistent with the 17
intent of this Subdistrict shall be prohibited. 18
d. Accessory uses. 19
1. Uses and structures that are accessory and incidental to the 20
permitted uses as of right in the underlying zoning districts 21
contained within this subdistrict and are not otherwise prohibited 22
by this subdistrict. 23
2. Communication towers, as defined in section 5.05.09 subject to 24
the following: 25
i. Such tower is an essential service use as defined by 26
subsection 2.01.03 A.4.; and 27
ii. Such tower may not exceed a height of 75 feet above 28
grade including any antennas afttached thereto. 29
e. Conditional uses. 30
1. Conditional uses of the underlying zoning districts contained 31
within the subdistrict, subject to the standards and procedures 32
established in section 10.08.00 and as set forth below: 33
i. Local and suburban passenger transportation (4131, 34
4173) located upon commercially zoned properties 35
within the Main Street Overlay Subdistrict. 36
ii. Communication towers, as defined in section 5.05.09 of 37
this Code for essential service uses as defined by 38
subsection 2.01.03 A.4 that exceed a height of 75 feet 39
above grade including any antennas attached thereto. 40
iii. The following conditional uses may be permitted only 41
on properties with frontage on North First Street, South 42
First Street, and North Ninth Street within the Main 43
Street Overlay Subdistrict: 44
a. Automobile parking (7521). 45
b. Automotive dealers (5511, 5521, 5531 46
installation, 5551, 5561, 5571, 5599). 47
c. Facility with fuel pumps. 48
d. Automotive repair, services, parking (7514, 7515, 49
7521) and carwashes (7542). 50
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e. Radio and television repair shops (7622 1
automotive). 2
f. Outdoor storage yards and outdoor storage. 3
g. Drive-through areas. 4
h. Warehousing (4225). 5
i. Communication towers, as defined in LDC 6
section 5.05.09, except as otherwise permitted in 7
this Subdistrict. 8
j. Any other heavy commercial use which is 9
comparable in nature with the forgoing uses and 10
is deem consistent with the intent of this 11
Subdistrict. 12
f. Special requirements for outdoor display and sale of merchandise. 13
i. Outdoor display and sale of merchandise, within the front and 14
side yards on improved properties, are permitted subject to the 15
following provisions: 16
a) The outdoor display/sale of merchandise is limited to the 17
sale of comparable merchandise sold on the premises 18
and is indicated on the proprietors' occupational license. 19
b) The outdoor display/sale of merchandise is permitted on 20
improved commercially zoned properties and is subject 21
to the submission of a site development plan that 22
demonstrates that provisions will be made to adequately 23
address the following: 24
i) Vehicular and pedestrian traffic safety measures. 25
ii) Location of sale/display of merchandise in 26
relation to parking areas. 27
iii) Fire protection measures. 28
iv) Limited hours of operation from dawn until dusk. 29
ii. Outdoor display and sale of merchandise within the sidewalk 30
area only shall be permitted in conjunction with "Main Street" 31
approved vendor carts, provided the applicant submits a site 32
development plan which demonstrates that provisions will be 33
made to adequately address the following: 34
a) Location of sale/display of merchandise in relation to 35
road rights-of-way; 36
b) Vendor carts are located on sidewalks that afford the 37
applicant a five (5) foot clearance for non-obstructed 38
pedestrian traffic; and 39
c) Limited hours of operation from dawn until dusk. 40
41
# # # # # # # # # # # # # 42
43
44
45
46
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25
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Map 7 - Main Street Overlay Subdistrict
# # # # # # # # # # # #
**Revised image**
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Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Growth Management-Engineering and Natural Resources Division
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 3.05.04 Vegetation Removal and Protection Standards
3.05.07 Preservation Standards
CHANGE:
1. To delete a reference to an obsolete publication by Florida Forest Service related to
protective barriers and add a cross reference for protective barriers to be installed
pursuant to LDC sections 3.05.04 and 4.06.05 E.
2. To clarify when permanent installation of preserve signs are required.
3. To remove the requirement for preserve signs to state they are “protected areas.” In
addition, to change the setback requirement from a 10 foot setback to a requirement that
the signs are located at the boundary of the preserve.
4. To not require preserve signs where preserves abut another preserve. In addition, to limit
the number of preserve signs required where preserves abut lake maintenance easements.
In all cases where signage is required, a minimum of one sign shall posted.
5. The proposed amendment retains the maximum size of the sign, however, it requires the
lettering for preserve signs to be at least 2 inches in height and legible from edge of the
preserve.
REASON:
1. This amendment revision is in response to questions received by staff from stakeholders
since the LDC provisions regarding preserve signs were adopted. Whenever possible, staff
avoids making reference in the LDC to manuals, handbooks, or publications that are
frequently updated or modified. It is proposed that a cross reference to an obsolete
publication by Florida Forest Service is removed and by inserting a cross reference to LDC
sections 3.05.04 and 4.06.05, awareness is offered instead and leads the reader to evaluate
additional preserve standards.
2. Goal 6 in the GMP Conservation and Coastal Management Element is to identify, protect,
conserve and appropriately use the County’s native vegetative communities and wildlife
habitat. Signage is one way to inform the general public that native vegetative communities
are identified and protected from trespass or altering their use.
Staff is providing relief from the premature posting of permanent preserve signs as there is
sufficient protection during the construction period established in the requirements for a
vegetation protection and soil erosion control plan. Pursuant to LDC section 3.05.04 A,
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“During construction, all reasonable steps necessary to prevent the destruction or damaging
of vegetation shall be taken, including the installation of protective barriers.” The LDC
guides applicants to construct a two (2) to four (4) feet height range, double row, staked
silt fence barrier prior to the commencement of any land clearing or building operations.
Therefore, the installation of permanent preserve signs are not necessary during
construction since the protective barriers are required at the time of land clearing per LDC
Section 3.05.04 E and to be maintained through the construction and final soil stabilization
process. Installing permanent preserve signs is more appropriate at the time of preliminary
acceptance of each phase of final subdivision plat (PPL) or the first certificate of occupancy
for site development plans (SDP), when construction or phase of construction is complete.
3. Currently, LDC section 3.05.04 states “Sign(s) should note that the posted area is a
protected area.” This has been understood by applicants as requiring the signs to
specifically read “protected area.” As the signs will state, in one way or another, the area
is a preserve, there is no need to duplicate the message.
The change in the setback requirement is designed to address changes over time.
Depending on the type of native vegetation on the site and with the passage of time, a 10
foot setback from residential property can block or obscure signage. By placing the
required signage at the edge of the preserve rather than the current required setback, the
signs will be more visible and adjacent homeowners will not be as likely to encroach into
the preserve due to poorly defined boundaries.
4. Based on the review of construction plans and field inspections, staff believes signs should
be posted where preserves abut other land uses, right-of-ways and easements. It has been
determined that requiring signs where preserves abut other preserves is excessive and
unnecessary. Further, a limited number of preserve signs are proposed where preserves
abut lake maintenance easements. In all cases where signage is required, a minimum of
one sign shall be posted.
5. The proposed amendment retains the maximum size of the sign, however, it requires the
lettering for preserve signs to be at least 2 inches in height and legible from the edge of
the preserve. This height reflects the height required for address numbers on the top of
mailboxes (Code of Laws and Ordinances section 22-352(e)). Other than the maximum
size and height, the shape, style, and copy area of signs are designed at the individual
developer or homeowner association’s discretion.
The signs illustrated below represent the desired location at the edge of preserves:
28
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North Collier Regional Park
Falcon Ridge - Heritage Way
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Horse Creek Estates
DSAC-LDR RECOMMENDATIONS: The Subcommittee approved the proposed amendment
with no changes on February 29, 2016.
DSAC RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016.
PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016, and
unanimously approved by 6-0 vote on May 25, 2016, with no changes.
FISCAL & OPERATIONAL IMPACTS: None. Preserve signs are already required by the
LDC.
RELATED CODES OR REGULATIONS:
4.06.05 General Landscape Requirements
5.06.00 Sign Regulations and Standards by Land Use Classification
GMP Conservation and Coastal Management Element Policy 6.1.1
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE: December 29, 2015
Amend the LDC as follows:
3.05.04 - Vegetation Removal and Protection Standards 1
* * * * * * * * * * * * * 2
G. Protective barriers shall be installed and maintained for the period of time beginning 3
with the commencement of any phase of land clearing or building operations, and 4
ending with the completion of that phase of the construction work on the site, unless 5
otherwise approved to be removed by the County Manger or designee. All protective 6
barriers shall be installed pursuant to LDC sections 3.05.04 and 4.06.05 E. the Tree 7
Protection Manual for Builders and Developers, Division of Forestry, State of Florida 8
or other methods approved by the County Manager or designee. All protective barriers 9
shall be installed pursuant to the Tree Protection Manual for Builders and Developers, 10
Division of Forestry, State of Florida or other methods approved by the County 11
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Manager or designee. Signage shall be placed around the preserve areas to identify 1
and protect the preserve during construction. The boundary of the Preserve shall be 2
posted with appropriate signage denoting the area as a Preserve. Sign(s) should note 3
that the posted area is a protected area. The signs shall be no closer than ten feet 4
from residential property lines; be limited to a maximum height of four feet and a 5
maximum size of two square feet; and otherwise comply with section 5.06.00. 6
Maximum sign spacing shall be 300 feet. 7
H. Signage shall be placed around the preserve to identify and protect the preserve in 8
accordance with the following standards: 9
a. Signs identifying preserves shall be posted prior to preliminary acceptance for 10
each phase of Final Subdivision Plat (PPL) pursuant to LDC section 10.02.04, 11
or first certificate of occupancy for Site Development Plans, Site Improvement 12
Plans and amendments thereof pursuant to LDC section 10.02.03, whichever 13
is applicable. 14
b. Signs identifying preserves shall be placed at the boundary of the preserve, 15
except where a preserve abuts another preserve. 16
c. There shall be at least one preserve sign posted every 300 feet, with a 17
minimum of two signs per preserve. However, where a preserve abuts a lake 18
maintenance easement, there shall be at least one preserve sign posted 19
every 1,000 feet, with a minimum of one sign per lake. 20
d. Signs identifying preserves shall be a maximum height of four feet and a 21
maximum size of two square feet and otherwise comply with LDC section 22
5.06.00. Lettering for signs shall be a minimum of two inches in height and the 23
sign copy shall be clearly legible from the edge of preserve as determined by 24
the County Manager or designee. 25
HI. The applicant for a vegetation removal permit shall, at the time of application, 26
designate representative(s), who shall be responsible for the installation and the 27
maintenance of all tree protection barriers, and for supervising the removal of all 28
existing vegetation permitted to be removed or altered. 29
# # # # # # # # # # # # # 30
31
3.05.07 - Preservation Standards 32
* * * * * * * * * * * * * 33
H. Preserve standards. 34
* * * * * * * * * * * * * 35
1. Design standards. 36
* * * * * * * * * * * * * 37
g. Preserve management plans. Criteria i, ii, vii and viii below are 38
required for all preserves whether a management plan for the preserve 39
is required or not. Preserve Management Plans shall be required for all 40
properties with 5 acres or more of preserve or where listed species are 41
utilizing the preserve or where the preserve contains habitat which 42
requires management for fire (such as Pine Flatwoods, Palmetto 43
Prairie or Scrub). The Preserve Management Plan shall identify 44
actions that must be taken to ensure that the preserved areas will 45
maintain natural diversity and function as proposed. A Preserve 46
Management Plan shall include the following elements: 47
* * * * * * * * * * * * * 48
vii. Protection During Construction and Signage After Construction. 49
The Preserve Management Plan shall address protective 50
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measures during construction and signage during and after 1
construction that are consistent with LDC section 3.05.04. 2
# # # # # # # # # # # # # 3
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Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 10.02.03 Requirements for Site Development, Site Improvement Plans and
Amendments thereof
CHANGE: To expand the Site Development Plan – Insubstantial Change (SDPI) process to allow
existing buildings, which are subject to the architectural standards of the LDC, to have the ability
to make architectural modifications through the SDPI process.
REASON: Currently, LDC section 10.02.03 G.2 establishes criteria that must be met in order for
a modification to a site development plan to qualify as an SDPI. The following is a synopsis of the
criteria for a SDPI.
• No South Florida Water Management District permit, or letter of modification is required,
• No new accesses to a public street are proposed,
• There are no additions to existing buildings,
• There are no changes to the building footprint,
• There are no changes to, or reconfiguration of, preserve areas,
• There is no additional environmental data needed,
• There are no new accessory structures that generate additional traffic,
• The change does not trigger the architectural and site design standards in LDC section
5.05.08, and
• There are no revisions to landscape plans that would impact the site development plan.
The current SDPI criteria do not allow for architectural alterations to an existing building. Rather,
modifications which are subject to LDC section 5.05.08 Architectural and Site Design Standards
require a Site Development Plan Amendment (SDPA) process. When the criteria for SDPIs were
established by Ord. No. 03-27, they were designed to identify when the scope of work would
require an extensive or multidisciplinary review process. At that time, changes that trigger the
requirements of the Architectural and Site Design Standards were identified as one of the
conditions that would require a SDPA process. However, since that time numerous applications
which only impact the architectural design have been reviewed, such as façade enhancements and
interior renovations and are limited to the existing building. These applications do not trigger the
other SDPI criteria and therefore the review is not extensive and does not require a
multidisciplinary review process.
When a SDPA is required, the entire project must be brought to the current LDC standards. This
amendment may support façade improvements by limiting the review to only architectural and
other changes that fall under the SDPI criteria.
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DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed
amendment with no changes on February 1, 2016. However, the Subcommittee recommended that
comprehensive changes to the SDPI section should be considered in a future cycle.
DSAC RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016.
PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016 and
unanimously approved by 6-0 vote on May 25, 2016 with no changes.
FISCAL & OPERATIONAL IMPACTS: Providing for architectural review through an SDPI
will reduce the staff time required to complete reviews for some insubstantial changes to
architectural plans since they will no longer be required to submit a full SDPA, and will reduce
associated time and costs to applicants.
RELATED CODES OR REGULATIONS: LDC section 5.05.08 - Architectural and Site Design
Standards.
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with this amendment.
OTHER NOTES/VERSION DATE: Prepared by Jeremy Frantz, Senior Planner, 12/15/15.
Amend the LDC as follows:
10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments 1
thereof 2
* * * * * * * * * * * * 3
G. Amendments and insubstantial changes. Any proposed change or amendment to a 4
previously approved site development plan shall be subject to review and approval by 5
the County Manager or designee. Upon submittal of a plan clearly illustrating the 6
proposed change, the County Manager or designee shall determine whether or not it 7
constitutes a substantial change. In the event the County Manager or designee 8
determines the change is substantial, the applicant shall be required to follow the 9
review procedures set forth for a new site development plan. 10
1. Site development plan amendments (SDPA). A substantial change, requiring a 11
site development plan amendment, shall be defined as any change which 12
substantially affects existing transportation circulation, parking or building 13
arrangements, drainage, landscaping, buffering, identified 14
preservation/conservation areas and other site development plan 15
considerations. 16
2. Site development plan insubstantial changes (SDPI). The County Manager or 17
designee shall evaluate the proposed change in relation to the following criteria; 18
for purposes of this section, the insubstantial change procedure shall be 19
acceptable where the following conditions exist with respect to the proposed 20
change: 21
a. There is no South Florida Water Management District permit, or letter of 22
modification, needed for the work and there is no major impact on water 23
management as determined by the Engineering Services Director. 24
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b. There is no new access proposed from any public street, however 1
minimal right-of-way work may be permitted as determined by the 2
Transportation Planning Director. 3
c. There is no addition to existing buildings (air-conditioned space) 4
proposed, however a maximum area of 300 square feet of non-air-5
conditioned space used for storage, or to house equipment, will be 6
permitted. 7
d. There is no proposed change in building footprint or relocation of any 8
building on site beyond that needed to accommodate storage areas as 9
described in LDC section 10.02.03 G.2.c, above. 10
e. The change does not result in an impact on, or reconfiguration of, 11
preserve areas as determined by the Natural Resource Director. 12
f. The change does not result in a need for additional environmental data 13
regarding protected species as determined by the Natural Resources 14
Director. 15
g. The change does not include the addition of any accessory structure 16
that generates additional traffic as determined by the Transportation 17
Planning Director, impacts water management as determined by the 18
Engineering Services Director, or contains air-conditioned space. 19
h. The change does not trigger the requirements of LDC section 5.05.08 as 20
determined by the County Manager or designee. 21
ih. There are no revisions to the existing landscape plan that alter or impact 22
the site development plan (as opposed to only the landscape plan) as 23
determined by the landscape architect. 24
# # # # # # # # # # # # # 25
35
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Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 2.03.07 Overlay Zoning Districts
4.02.33 Specific Design Standards for the Immokalee -- Mobile Home
Park Overlay Subdistrict
10.02.05 Construction, Approval, and Acceptance of Required
Improvements
CHANGE: To provide a new application and approval process for nonconforming mobile homes
sites in Immokalee to be considered a permitted use and lawful. The new application, described as
an “existing conditions site improvement plan” will provide property owners of the mobile homes
the ability to replace mobile home units with an approved building permit. The new unit will be
required to meet current Florida Building Code requirements and all other local building
construction standards.
This amendment is designed to assist several groups. First, it will allow mobile home owners who
rent their mobile home units to upgrade their parks with new mobile home units. Second, it will
allow individuals and families that own their mobile home and rent the lot to replace their units as
well. Additionally, the proposed process seeks to encourage maintaining housing options that are
more affordable for low income populations in Immokalee.
The current LDC section establishes an overlay district which covers the Immokalee Urban
Boundary. This means that only a nonconforming mobile home park or site located in the
Immokalee Urban Boundary can apply for this process. Figure 1 below identifies the Immokalee
Urban Boundary.
Figure 1
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The existing conditions site improvement plan application and process include the following:
1. Establish language in LDC section 2.03.07 G.6 that provides a new process for an existing
conditions site improvement plan to be reviewed by the Growth Management Department.
The application requirements are proposed in a new Administrative Code for Land
Development section I.3.a. See Attachment 1 for additional details. In addition, a new
application fee is associated with the process. Only the requirements and process identified
in the Administrative Code section would be required.
2. Review criteria for the application includes a minimum separation requirement consistent
with the State Fire Marshal Rule 69A-42.0041 Fire Separation Requirements, which reads
as noted below.
69A-42.0041 Fire Separation Requirements.
No portion of a mobile home, excluding the tongue, shall be located closer
than 10 ft. (3m) side to side, 8 ft. (2.4m) end to side, or 6 ft. (1.8m) end to
end horizontally from any other mobile home or community building
unless the exposed composite walls and roof of either structure are without
opening and constructed of materials that will provide a one-hour fire
resistance rating or the structures are separated by a one-hour fire-rated
barrier.
Rulemaking Authority 633.104(1), 633.206(1)(b) FS. Law Implemented
633.104(4), 633.206 FS. History–New 10-19-09.
The section includes a requirement that the District Fire Official provide written
confirmation that either an existing fire hydrant or a supplemental apparatus provided by
the Fire District is adequate for fire protection.
The last criteria is established in the National Fire Codes, 501A-11, Chapter 6, 6.1.1
through 6.1.2. Section 6.1.1.2 which will be met by obtaining approval of the existing
conditions site improvement plan. The site plan requirements established in 6.1.1.3 have
been integrated in a new Administrative Code for Land Development section for ease of
use. The standards are as follows:
6.1.1 Site Plan.
6.1.1.1 Arrangement of manufactured homes and accessory buildings or
structures on the site shall not restrict reasonable access to the site by
emergency personnel.
6.1.1.2 Each community operator shall maintain a community site plan for
review by agencies responsible for emergency services.
6.1.1.3 The site plan shall include, but shall not be limited to, the following
information:
(1) Street names.
(2) Site separation lines
(3) Site numbers
(4) Water supplies for fire protection personnel
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(5) Fire alarms
(6) Utility disconnects
6.1.2 Each street name in the manufactured home community shall be
clearly marked with signs, and each manufactured home site shall be
marked for identification in a uniform manner that is clearly visible from
the street serving the site.
3. The proposed amendment also addresses density of the site. Once the existing conditions
site improvement plan is approved, property owners would be able to replace mobile home
units with an approved building permit at sites shown on the site plan. The replacement
mobile home would meet the current Florida Building Code and all other local building
construction requirements (such as elevation requirements).
4. Additional provisions address situations where properties are in excess of underlying
permitted density and where properties may have additional density available, but have not
utilized it due to a lack of an approved site plan.
a. Where properties currently exceed the density allowed for by the zoning district,
the approved existing conditions site improvement plan would establish the
“existing” density and would be defined as the density on the property as of the
aerial flight data collected from the Collier County Property Appraiser before
February 2016.
b. Where the underlying zoning district (i.e. MH or VR or MHO) allows for additional
density, new mobile homes may be added and shall be identified on the site plan.
New mobile homes would be subject to the dimensional standards established in
LDC section 4.02.33 - Specific Design Standards for new Mobile Home lots in the
Immokalee Urban Overlay (new title). This section provides relief from the
standard minimum lot with and setback requirements for mobile homes in the three
districts where mobile homes are allowed. This section is not intended to be used
for a brand new mobile home park in Immokalee. LDC section 4.02.33 is amended
to identify dimensional requirements for the placement of a new mobile home unit
and other available improvements. An explanation of the purpose and intent of the
section is included.
5. The Administrative Code for Land Development will be updated to include the application
requirements. In addition, a specific application will be prepared for this process.
6. A new fee of $750 will be added to the Collier County Growth Management Department
Development Services Fee Schedule for the existing conditions site improvement plan
application.
7. LDC section 4.02.33 is amended to provide dimensional relief for new mobile homes lots
that are approved on a nonconforming mobile home park or site through the existing
conditions site improvement plan process (or subsequent amendment).
8. LDC section 10.02.05 F is proposed to be removed as it is no longer relevant to the
proposed process.
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REASON: Currently, there are Immokalee Nonconforming Mobile Home Parks and other mobile
home sites that have sought or are currently seeking the ability to replace mobile home units. The
existing LDC standards and procedures established by LDC section 2.03.07, 4.02.33, and 10.02.05
have not been effective in providing legal status to the mobile home sites and therefore these
sections no longer fit the needs of the property owners in Immokalee.
All of the sites that qualify for the proposed process are nonconforming, which means that they do
not meet the site design requirements established in the LDC for mobile home parks or other sites
where mobile homes are located. In this case, many of these mobile home sites have been in
existence for decades and in some cases, likely existed before the LDC site design standards for
mobile home parks or sites were established.
Past LDC requirements have required property owners to hire engineers, landscape architects,
lawyers, and other professionals to try and address their nonconforming status. Property owners
have relayed that, in some cases, their ability to lease out units or sell property has been delayed
or even stopped until their nonconforming status has been deliberated and resolved.
When a mobile home park or other site is considered nonconforming, it creates a number of
problems for the owner of the park. As long as the nonconforming status remains, owners are
limited in what they can improve, expand, replace or otherwise modify in their parks. In addition,
selling such properties with the determination of unresolved nonconformities becomes very
difficult.
In sum, there are multiple benefits to establishing the existing conditions site improvement plan
process:
1) Property owners will be able to replace units with newer units with an approved building
permit. Currently, mobile home owners are unable to replace mobile home units. With an
approved site plan they will be able to replace units with new or newer units. In doing so,
they will be required to meet all current Florida Building Code requirements and other local
construction standards for mobile homes (i.e. FEMA elevation criteria). Separation
requirements will be as identified in the approved existing conditions site improvement
plan. Replacing mobile home units has the potential to improve conditions for occupants,
both for those that own their own mobile home and those that are renters.
2) Maintains existing affordable housing in Immokalee. Based on input from park owners,
they provide housing for several groups of people, including families that rent lots on a
permanent basis. Others rent to farmworkers and seasonal migrant laborers. According to
the 2010-2014 American Community Survey 5-Year Estimates, the median income in
Immokalee is $25,725 (“American Fact Finder” US Census Bureau. Accessed April 19,
2016. www.factfinder.census.gov). This income level puts a family of four just above the
Extra Low Income category and mobile homes may be one of the more affordable places
for families and individuals to live. If additional density is available, or when units are
added consistent with density standards, more affordable units may be created through this
process. Additionally, allowing for the existing conditions to be retained instead of
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requiring current LDC site design standards may prevent property owners from increasing
rental fees in order to pay for any site improvements.
3) Park owners and other property owners will be able to sell their property with legal
status. Market viability has the potential to provide stability for property owners looking
into the future and the potential for additional investment into the properties.
4) Numerous Collier County Code Enforcement issues will be resolved. Currently, there are
many code enforcement cases that have not been addressed for a number of the mobile
home parks and other mobile home sites. An approved existing conditions site
improvement plan would alleviate these prior enforcement issues.
DSAC-LDR RECOMMENDATIONS: The Subcommittee reviewed the amendment on April
13, 2016 and suggested changes including formatting and content of the applicability section. The
Subcommittee also asked for clarifications regarding the inspections process. An updated
amendment was shared with the Subcommittee prior to DSAC approval.
DSAC RECOMMENDATIONS: Approved unanimously on May 4, 2016 with no changes.
PLANNING COMMISSION RECOMMENDATIONS: The amendment was reviewed on
May 5, and May 25, 2016 during a special nighttime hearing. During the May 25, 2016 public
hearing the following is a summary of comments that were relayed to the Planning Commission.
Please see the full minutes for a complete record of the discussion.
Ms. Carrie Williams – Mobile Home Park Owner
• Staff read into the record the summary of Ms. Carrie Williams’ comments which were
provided over the phone prior to the meeting.
• Ms. Williams supports the ability to replace mobile home units, however, does not support
this amendment applying to more than the mobile home parks. Ms. Williams supports a
timeframe for completing the process. See Attachment 2 for the full summary of Ms.
Williams’ comments.
Mr. Max Griffin – Mobile Home Park Owner
• Mr. Griffin supports the amendment as it enables mobile home park owners to
replace units according to updated standards.
• He also stated that anything that increases the supply of mobile home units will decrease
the price of units. Less supply the higher the prices will be.
Immokalee Community Redevelopment Agency (CRA)
Ms. Christie Betancourt – CRA Staff liaison
• Presented the LDC Amendment to the Immokalee CRA advisory boards for
informational purposes and advised them to come to the CCPC meeting if they had
concerns.
• Ms. Betancourt stated that the CRA and Immokalee community support the
creation of a program to upgrade mobile homes and the 1993 amendment process.
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• Some of the park owners don’t own the mobile home units, and some of the units
are very dilapidated and are not used or livable. This is a concern for the
community.
• Supports a program to replace mobile home units to enable mobile home park
owners to improve their properties; however, supports a process to upgrade the
dilapidated units as well.
• This amendment will not help residents if the owner refuses to make upgrades and
the amendment should address the need for an initiative to remove deteriorated
units.
• She also stated that she attends a monthly community task force which has found
that there are many mobile homes that are not in mobile home parks but which have
serious issues that need to be resolved as well.
Ms. Andrea Hallman – Immokalee resident, CRA board member, and MSTU member
• The CRA and MSTU want to improve the appearance of the community but have
had difficulty because they are unable to require any improvements. She noted
trailers are closer than before and the proposed program is a voluntary program.
• Ms. Hallman is concerned about density provisions since some mobile homes are
very close together.
• She is concerned the community did not receive enough time to review the
amendment and wanted non mobile home park citizens the opportunity to
participate as well.
• She stated the amendment is an improvement over existing conditions.
Ms. Michelle Arnold – Public Transit and Neighborhood Enhancement Division Director,
Collier County
• The amendment should retain those standards needed to improve the community.
• Intent of the CRA within Immokalee and the MSTU is to improve the Immokalee
area. Wants to make sure that modifications to LDC amendment are doing that.
Allowing owners to replace with like or better is a good thing, but needed
clarification on how they get there. Are they required to get a site improvement plan
or another method?
• Wants to relax some of the standards but doesn’t want to get rid of the standards
because some of those components are needed to improve the area in the long-term.
We may need to come back to those things in the future.
• This process won’t help in the case where the owner can’t afford to make
improvements.
Mr. Robert Davenport – Mobile Home Park Owner
• Mr. Davenport noted park owners cannot inspect inside units. While some units do not
look good, they are inspected regularly for functional issues such as water leaks.
• If mobile home park owners want to replace units, the existing requirements would put
mobile home parks out of business and displace families and individual residents.
• After working with staff for more than 7 years, he supports the amendment as written as it
could result in a big change by allowing owners to replace units over time.
Mr. Steven Kirk – President of Rural Neighborhoods
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• Mr. Kirk stated a 1-for-1 replacement of units is positive but the rest of the amendment
does not go far enough for an affordable housing strategy at rent levels from $600 to $1,000
per month or for modest improvements to the park.
• Stated concern over density provisions and allowing for greater density than a new mobile
home park approved under the current LDC.
• He noted the amendment is an improvement over what is currently in place,
however it does not go far enough to improve the aesthetics and community
appearance. Park owners will be the chief beneficiaries as they will be able to sell
their park as a conforming use when previously it was a non-conforming use.
• He stated that by filing only a fire separation plan, the operator can then become
conforming without ever improving any units.
• He would like to see a modest investment in the community by requiring dumpsters and
dust free streets for a park to become a conforming use and that they should not be granted
additional density without making some additional improvements to benefit the
community. He stated he could support the amendment if this change were made.
Staff responded to public comments by noting that the amendment does not add density to
a site, rather it allows for the density that has existed in the past that can meet the proposed
setbacks or a site can be built to the maximum allowable density by the zoning district.
Following public comments, the Planning Commission noted that various stakeholders
have been working on this issue for a number of years and while the amendment does not
solve all problems, it is a good start and it can be improved overtime if it does not
accomplish all of the community’s goals.
On May 25, 2016, the amendment was unanimously approved by 6-0 vote without any changes.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: There are potentially mobile home parks that
are inconsistent with the GMP future land use element. This amendment requests that any mobile
home parks or sites be deemed consistent with the GMP by policy.
OTHER NOTES/VERSION DATE:
Amend the LDC as follows:
2.03.07 Overlay Zoning District 1
* * * * * * * * * * * * * 2
G. Immokalee Urban Overlay District. 3
* * * * * * * * * * * * * 4
6. Nonconforming Mobile Home Site Park Overlay Subdistrict. Establishment of 5
special conditions for these properties which by virtue of actions preceding the 6
adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be 7
nonconforming as a result of inconsistencies with the Land Development Code, 8
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and are located within the Immokalee Urban Boundary as depicted on the 1
Immokalee Area Master Plan. 2
a. Purpose and intent. The purpose of these provisions is to recognize that 3
there are nonconforming mobile homes on properties parks in the 4
Immokalee Urban Area and to establish a process to provide property 5
owners an official record acknowledging the permitted use of the property 6
and render existing mobile homes, and other structures, as lawful. to 7
provide incentives to upgrade these parks while requiring the elimination 8
of substandard units, and to allow park owners to take advantage of 9
alternative development standards in order to cause some upgrading of 10
conditions that would normally be required of conforming mobile home 11
parks. Travel trailers, regardless of the square footage, are not permitted 12
as a permanent habitable structure. Travel trailers, regardless of the 13
square footage, are not permitted as a permanent habitable structure 14
and may not seek relief under this section. Properties that cannot meet 15
the requirements may pursue an agreement with the Board of County 16
Commissioners to establish compliance with this LDC section 2.03.07 17
G.6. 18
b. Application requirements. Property owners shall file an application as 19
provided for in the Administrative Code, Chapter 4, Section I.3.a – 20
Immokalee Nonconforming Mobile Home Sites - Existing Conditions Site 21
Improvement Plan and shall only be subject to the criteria, requirements, 22
and process expressly stated in the Administrative Code and this LDC 23
section. 24
c. Criteria for review. The following criteria shall apply to the existing 25
conditions site improvement plan approval process and shall be reviewed 26
by the County Manager or designee. 27
i. Minimum separation requirements shall be consistent with State 28
Fire Marshal Rule 69A-42.0041 Fire Separation Requirements. 29
ii. The District Fire Official shall provide written confirmation that 30
either an existing fire hydrant or a supplemental apparatus, 31
provided by the Fire District, is adequate for fire protection. 32
iii. National Fire Codes, 501A-11, Chapter 6, 6.1.1 Site Plan (6.1.1 33
through 6.1.2). 34
d. Density. Once the existing conditions site improvement plan is approved, 35
owners may replace mobile home units with an approved building permit 36
at sites shown on the site plan. Replacement units may be larger than the 37
removed unit, so long as the minimum separation standards established 38
in LDC section 2.03.06 G.6.c.i are met. 39
i. Where properties currently exceed the density allowed for by the 40
zoning district, the approved existing conditions site improvement 41
plan shall establish the maximum density on the property which 42
shall not exceed the density of the property as depicted on the 43
Property Appraiser aerial maps dated before February 2016. All 44
lots and units shall be consistent with the approved existing 45
conditions site improvement plan. 46
ii. Where the zoning district allows for additional density, new mobile 47
home units may be added and shall be identified on the site plan. 48
New mobile homes shall be subject to the dimensional standards 49
established in LDC section 4.02.33. 50
b. Required site improvement plan application. The property owners of all 51
nonconforming mobile home developments/parks that were in existence 52
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before November 13, 1991, i.e., that predate Ordinance No. 91-102, the 1
land development code, shall be required to submit a site improvement 2
plan (SIP) meeting the standards set forth below by January 9, 2003 or 3
thereafter within the time frame set forth in an order of the Code 4
Enforcement Board finding a violation of this section, or by the date set 5
forth in a Compliance or Settlement Agreement entered into between 6
Collier County and a property owner acknowledging such a violation and 7
also establishing the date by which such violation will be cured through 8
the SIP submittal process set forth below. 9
c. The site improvement plan (SIP) master plan shall illustrate the way 10
existing buildings are laid out and the infrastructure (i.e. utilities, streets, 11
drainage, landscaping, parking and the like) to serve those buildings. The 12
number and location of buildings shall be reviewed for consistency with 13
Code requirements (i.e. setbacks, space between buildings, density, and 14
the like). Similarly, the SIP shall serve to provide a basis for obtaining 15
approval of required infrastructure improvements such as those 16
referenced herein. The approved SIP showing all of the above shall 17
become the official record acknowledging the legal use of the property. 18
Failure to initiate this process within the time frames set forth above, will 19
result in a Code violation in which the property owner will be required to 20
immediately remove all mobile homes which have not received a building 21
permit and all mobile homes deemed to be unsafe and unfit for human 22
habitation, and otherwise contrary to the county's housing code unless 23
otherwise prohibited by state law. 24
d. For the specific requirements concerning the SIP submission referenced 25
in b. and c. above, see Section 10.02.05 F. of this Code. 26
27
# # # # # # # # # # # # # 28
29
4.02.33 - Specific Design Standards for New Mobile Home Lots in the Immokalee Urban 30
Overlay —Mobile Home Park Overlay Subdistrict 31
32
The purpose of this section is to provide relief from the dimensional standards established in 33
LDC section 4.02.01 for new mobile home lots approved through an existing conditions site 34
improvement plan or amendments thereof within the Nonconforming Mobile Home Site Overlay 35
Subdistrict, as established in LDC section 2.03.07 G.6. This section shall not apply to the 36
replacement of mobile home units identified on lots established by an existing conditions site 37
improvement plan. 38
39
A. Dimensional standards. 40
41
Table 15. Dimensional standards for the Nonconforming Mobile Home Site Park Overlay 42
Subdistrict 43
44
Design Standard
Minimum lot requirements
Single-wide units
Double-wide units
2,400 square
feet
3,500 square
feet
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Minimum lot width
Single-wide units
Double wide units
35 feet
45 feet
Minimum setback requirements
Interior roads
Front yard
Side yard
Rear yard
Public road frontages
10 feet
5 feet
8 feet
20 feet
Minimum space separation between structures for cluster development or
zero lot line development 10 feet
Minimum floor area for replacement units 320 square
feet
1
B. Where a public water line is available, a hydrant will be required to serve the park. 2
Should water line pressure be inadequate, arrangements shall be made to seek 3
approval of the Immokalee Fire Department to confirm that supplemental fire apparatus 4
is adequate for fire protection. 5
CB. A dumpster or enclosure for individual containers is required in accordance with section 6
5.03.04. of this LDC. No dumpster shall be located closer than fifteen (15) feet from any 7
public street. 8
DC. Private roads leading to and serving the mobile home park or mobile home lots must 9
be improved and maintained, and shall consist of a dust free surface with a minimum 10
width of twenty (20) feet. The dust free surface may consist of aggregate material 11
treated with oil-based material that will bind the aggregate material into a form of 12
macadam road finish. A drainage ditch capable of storing the first one inch of rainfall 13
shall be incorporated into the right-of-way design-cross section, exclusive of the 14
required twenty (20) feet. Drainage shall be directed to a public road via the private road 15
and/or easement conveyance, unless it can be proved that the on-site percolation rates 16
exceed the on-site retention requirement. 17
# # # # # # # # # # # # # 18
19
10.02.05 - Construction, Approval, and Acceptance of Required Improvements 20
* * * * * * * * * * * * * 21
F. SIP Requirements for the Nonconforming Mobile Home Park Overlay Subdistrict. 22
1. Pre-application meeting requirements. Prior to making an application to submit 23
an SIP, the property owner and/or agent is required to have a pre-application 24
meeting with Collier County planning staff. Coordinating this process will be the 25
responsibility of the assigned planner who will establish a date for the meeting 26
and will advise other review staff to attend the meeting. The owner of the 27
property or agent representing the owner shall bring to the meeting a survey plot 28
plan showing the location of all buildings and structures, and preferably a draft 29
plan showing the proposed layout of buildings and infrastructure improvements. 30
The applicant shall consult with the Immokalee Fire Department and the 31
Immokalee Sewer and Water District prior to the pre-application meeting. Within 32
90 days after the pre-application meeting, the owner/agent shall submit the SIP 33
application and supporting documents. Failure to submit a formal SIP shall cause 34
a citation to be issued to the property which may culminate in the requirement to 35
remove all buildings and structures as provided above unless otherwise 36
prohibited by state law. 37
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2. SIP submission requirements, preparation standards and notes. 1
a. An application for an SIP on a form prepared by Collier County shall be 2
signed by the owner or agent of the property owner in the form of an 3
affidavit as indicated on the application form. 4
b. A survey plan showing all buildings and structures, their uses and the 5
actual size of the structures. 6
c. A site improvement plan showing the proposed location of all buildings, 7
and all required infrastructure, drawn to scale on a 24" x 36" sheet(s) 8
illustrating the following information: 9
i. Park name, address and phone number of agent preparing the 10
plan and address and phone number of the property owner. 11
ii. Folio number(s) of property and total site area. 12
iii. Zoning designation and land use on subject and adjacent 13
property. 14
iv. North arrow, scale and date. 15
v. Landscaping, proposed and existing. 16
vi. Parking spaces. 17
vii. Setbacks and space between building measurements. 18
viii. Location and arrangement of ingress/egress points. 19
ix. Type of surface of all access roadways leading to the park and 20
within the park. 21
x. Location of all structures in the park (units, office, accessory 22
building, etc.) 23
xi. Location of dumpster or trash container enclosure. 24
xii. Location and height of walls and/or fences. 25
xiii. Where applicable, dimensions of lots, width of internal streets and 26
design cross-section of streets and drainage improvements. 27
d. Plans do not have to be signed and sealed by a professional engineer, 28
however, plans must be prepared by a person having knowledge of 29
drafting skills and basic engineering construction standards which may 30
include a paraprofessional associated with a professional engineering, 31
architectural, landscape architectural firm or licensed contractor. 32
e. Prior to approval of the SIP the county building inspector will identify all 33
mobile homes not meeting minimum housing code standards and 34
minimum floor area requirements for mobile homes as defined in this 35
Code. Those mobile home units that cannot be rehabilitated shall be 36
removed within 12 months of the approval of the SIP unless prohibited by 37
law and shall be so indicated on the SIP. 38
f. Mobile home units meeting the housing code and as defined in this Code 39
may replace the units removed, provided the replacement units do not 40
exceed the maximum number of units allowed on the original SIP. 41
g. The number of units approved on the SIP will be allowed to remain, 42
except for those identified substandard units which must be removed in 43
accordance with the timeframes referred to in section 10.02.05 F.2.e. 44
above, so long as the requirements of the approved SIP are implemented 45
and a building permit has been obtained for each unit. 46
h. A right-of-way permit shall be required, subject to subsection 10.02.03 47
B.1.j. 48
3. Landscaping: Landscape improvements shall be shown on the SIP, either 49
separately or collectively on the same sheet as the site plan. Existing trees may 50
be credited pursuant to section 4.06.04 D. of this Code. 51
46
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a. The plan shall be prepared by a landscape architect, landscape designer 1
or landscape contractor or paraprofessional associated with such a firm 2
and having knowledge of Florida plant material and planting 3
requirements. Landscape plans do not need to be signed and sealed 4
when prepared by a licensed landscape architect. 5
b. Landscaping requirements are as follows: 6
i. A ten-foot wide landscape buffer, with 1 single hedgerow and 7
trees spaced 30 feet on center along property lines abutting a 8
right-of-way. 9
ii. Trees spaced 50 feet on center along internal boundary lines. 10
iii. Permitted trees include live oak, sycamore, red maple, and sweet 11
gum. Under electrical transmission lines, simpson stopper, 12
magnolia, east Palatka holly, and dahoon holly trees are 13
permitted. 14
iv. Fixed irrigation systems which shall include 2 irrigation bubblers 15
per tree. 16
4. Implementation time frame: The site improvement plan shall be implemented and 17
park improvements shall be made in accordance with the following timeline 18
commencing from the date of SIP approval. 19
Number of units/project Length of time
10 or less 18 months
11 to 25 30 months
26 to 50 42 months
more than 50 54 months
20
a. Projects approved with an implementation timeline in excess of 18 21
months must be completed as a phased development as identified below. 22
Project Implementation Timeline # of Phases Phase Timelines
18 months 1 18 months
30 months 2 18 months—First Phase
30 months—Second Phase
42 months 3
18 months—First Phase
30 months—Second Phase
42 months—Third Phase
54 months 4
18 months—First Phase
30 months—Second Phase
42 months—Third Phase
54 months—Fourth Phase
23
b. Building permits must be obtained for each unit when relocated and 24
replaced within an approved park, otherwise the code enforcement action 25
will proceed except as otherwise provided pursuant to section 10.02.05 26
F.2.e. 27
# # # # # # # # # # # # # 28
47
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
I.3.a. Immokalee Nonconforming Mobile Home Parks or Mobile
Home Sites - Existing Conditions Site Improvement Plan
Reference LDC subsection 2.03.07 G.6.
Applicability This procedure applies to mobile home parks or mobile home sites pursuing an existing
conditions site improvement plan and which meet the criteria established in LDC section
2.03.07 G.6.
Pre-application A pre-application meeting is required unless waived by the County Manager or designee
at the request of the applicant, pursuant to LDC subsection 10.02.03 E.
Initiation The applicant files an “Existing Conditions Site Improvement Plan Application” with the
Planning & Zoning Department.
Application
Contents and Site
Plan Requirements
Submittal Credentials: The existing conditions site plan is not required to be signed and
sealed by a professional engineer or prepared by a professional surveyor or
mapper. However, the name and contact information of the site plan preparer
shall be included on the application.
Sheet size: The site improvement plan and the coversheet shall be prepared on a size
sheet measuring 24 inches by 36 inches drawn to scale.
The application must include the following:
1. Applicant contact information.
2. Addressing checklist.
3. Property information, including:
Project title;
Property identification number;
Scale, north arrow, and date.
4. Zoning designation of the subject and adjacent sites.
5. Location within the Immokalee Urban Overlay.
6. Cover letter briefly explaining the project.
7. A copy of the last recorded deed, contract for sale or agreement for sale, or a
notarized statement demonstrating ownership and/or control of the mobile home
park or mobile home site or parcel of land.
8. Property boundaries.
9. Location, configuration, dimensions, and separation between all structures,
buildings, mobile homes units, and other lot improvements, including vacant mobile
home lots.
10. Location and configuration of streets, street names, site addresses.
11. Fire hydrants and fire alarms, if any.
12. Parking spaces and loading areas, and the directional movement of internal vehicle
traffic.
13. Location and dimension of access point(s) to the site.
Attachment 1
48
Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
14. Location, dimension and configuration of existing infrastructure, such as utilities,
drainage, and utility connections for mobile homes.
15. Any additional relevant information as may be required by the Planning & Zoning
Department.
Completeness and
Processing
The Planning & Zoning Department will review the application for completeness. After
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice No notice is required.
Public Hearing No public hearing required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and approve, approve with conditions or deny the
application utilizing the criteria identified in the applicable LDC sections.
Digital Submittal
Requirements
After the existing conditions site improvement plan has been approved by the County
Manager or designee for compliance with the LDC as provided in section 10.02.03, the
applicant shall submit:
1. Digital copy of the site plan document.
Updated
Attachment 1
49
Public Comments Regarding LDC Amendment 2.03.07 Nonconforming
Mobile Home parks, 4.02.33 Specific Design Standards for Immokalee –
Mobile Home Park Overlay Subdistrict, and 10.02.05 Construction,
Approval, and Acceptance of Required Improvements
Name: Carrie Williams
Affiliation: Mobile Home Park Owner
The following is a summary of Ms. William’s comments provided by phone on May 24, 2016:
• Supports mobile homes as an affordable housing option.
• Supports the ability for mobile home owners to be able to replace units.
• Wants to make it clear that this will impact all nonconforming mobile homes in Immokalee,
including those outside of parks. Does not support the relief provided to the nonconforming
mobile homes outside of the parks and that this will have a major impact on the community.
This issue needs more time in order to vet it with the community.
• Does not agree that relief should be provided to park owners who recently purchased a
nonconforming mobile home park.
• Supports timeframe for completing the process.
• Supports the 1993 plan process/concept to remove older mobile home units.
• Has concerns that park owners don’t have a process to help mobile home owners replace their
units. Notes there are some health, safety, welfare issues with the older mobile homes that are
owned by non-park owners.
Attachment 2
50
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Land Development Code Amendment Request
ORIGIN: Planning and Zoning Division
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 1.08.02 Definitions
2.03.03 Commercial Zoning Districts
2.03.06 Planned Unit Development Districts
2.03.08 Rural Fringe Zoning Districts
3.05.10 Littoral Shelf Planting Area (LSPA)
4.06.02 Buffer Requirements
4.06.05 General Landscape Requirements
5.06.00 Sign Standards and Regulations By Land Use Classification
CHANGE: This amendment proposes to correct scrivener errors, incorrect cross references,
remove a duplicate permitted use in C-5 Zoning District, and address a missing cross reference.
REASON: The following LDC amendments are not substantive in nature.
• When Ordinance 09-43 was adopted, definitions related to signs in LDC section
1.08.02 were removed and replaced with modifications in LDC section 5.06.00. This
amendment removes duplicate definitions that were inadvertently retained in LDC
section 1.08.02. At the same time, an incorrect definition of “ground sign” was added
to LDC section 5.06.00, and “Sign, project identification” was removed from the LDC,
but “Project identification sign” was neither removed from LDC section 1.08.02 nor
replaced in LDC section 5.06.00. This amendment corrects these definitions in LDC
section 5.06.00.
• LDC section 2.03.03 E.1.a. C-5 Zoning District identifies “Reupholstery and furniture
repair” twice. The amendment removes the duplication and renumbers the remaining
uses.
• LDC section 2.03.06 B.3 has a typographic error. “Lad” is corrected to “land”.
• LDC section 2.03.06 G.6 incorrectly identifies the location of building foundation
planting standards as LDC section 4.06.05 B.4. This reference is updated to 4.06.05 C.
• Ordinance 05-27 amended LDC section 2.03.08 to correct subparagraph lettering and
several cross references in the section were not updated. All cross references have been
updated.
51
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• LDC section 3.05.10 C.2 refers to a Figure 1, however, the figure is labeled “Figure
3.5.11.3.2.” The amendment corrects the figure title to “Figure 3.5.10.” Additionally,
within the figure there is another incorrect reference which has been updated.
• LDC section 4.06.02 C.4.b. has an incorrect cross reference which has been updated.
• LDC section 4.06.05 I.1. has an incorrect cross reference and it has been updated.
• LDC section 4.06.05 N 1.a contains provisions for water management areas. The
amendment proposes to remove a reference to “Body of Water Shapes, Figure Y”
which no longer exists. After reviewing several configurations of water management
areas on construction plans, staff has determined reintroducing a “Body of Water
Shapes” figure would be too confusing and too restrictive for smaller water body
shapes, especially those with a 100’ minimum width. The effect of the provision is
maintained; water body shapes must be designed to appear natural with curvilinear
edges.
DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed
amendment with no changes on February 1, 2016.
DSAC RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016.
PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016, and
unanimously approved by 6-0 on May 25, 2016 without changes.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational
impacts associated with this amendment.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with this amendment.
OTHER NOTES/VERSION DATE:
Prepared by Richard Henderlong, Principal Planner, 5/26/16
Amend the LDC as follows:
1.08.02 Definitions 1
* * * * * * * * * * * * * 2
Construction sign: A sign erected at a building site that displays the name of the project 3
and identifies the owner, architect, engineer, general contractor, financial institutions or other 4
firms involved with the design or construction of the project. 5
* * * * * * * * * * * * * 6
Ground sign: A sign, 8 ft. in height or lower which is independent of support from any 7
building, that is mounted on freestanding poles or other supports, and shall include a pole cover 8
that is between 50 percent and 100 percent of the overall sign width. 9
* * * * * * * * * * * * * 10
52
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Pennant: A piece of fabric or material which tapers to a point or swallow tail, which is 1
attached to a string or wire, either singularly or in series. 2
* * * * * * * * * * * * * 3
Pole sign: A sign, 8 or more ft. in height which is independent of support from any 4
building, that is mounted on freestanding poles or other supports, and shall include a pole cover 5
that is between 50 percent and 100 percent of the overall sign width. 6
* * * * * * * * * * * * * 7
Project identification sign: A directional sign which provides identification or recognition 8
of a development only, individual tenants or outparcels are not permitted to use this type of 9
signage. 10
# # # # # # # # # # # # # 11
12
2.03.03 - Commercial Zoning Districts 13
* * * * * * * * * * * * * 14
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning 15
district, the heavy commercial district (C-5) allows a range of more intensive 16
commercial uses and services which are generally those uses that tend to utilize 17
outdoor space in the conduct of the business. The C-5 district permits heavy 18
commercial services such as full-service automotive repair, and establishments 19
primarily engaged in construction and specialized trade activities such as contractor 20
offices, plumbing, heating and air conditioning services, and similar uses that typically 21
have a need to store construction associated equipment and supplies within an 22
enclosed structure or have showrooms displaying the building material for which 23
they specialize. Outdoor storage yards are permitted with the requirement that such 24
yards are completely enclosed or opaquely screened. The C-5 district is permitted in 25
accordance with the locational criteria for uses and the goals, objectives, and 26
policies as identified in the future land use element of the Collier County GMP. 27
1. The following uses, as identified with a number from the Standard Industrial 28
Classification Manual (1987), or as otherwise provided for within this section 29
are permissible by right, or as accessory or conditional uses within the 30
heavy commercial district (C-5). 31
a. Permitted uses 32
* * * * * * * * * * * * * 33
154. Reupholstery and furniture repair (7641). 34
155. Roofing, siding and sheet metal work contractors (1761). 35
156. Secretarial and court reporting services (7338). 36
157. Security and commodity brokers, dealer, exchanges and 37
services (6211—6289). 38
158. Security systems services (7382). 39
159. Shoe repair shops and shoeshine parlors (7251). 40
160. Social services, individual and family (8322—8399, except 41
homeless shelters and soup kitchens). 42
161. Special trade contractors, not elsewhere classified (1799). 43
162. Structural steel erection contractors (1791). 44
163. Surveying services (8713). 45
164. Tax return preparation services (7291). 46
165. Taxicabs (4121). 47
166. Telegraph and other message communications (4822) including 48
communications towers up to specified height, subject to LDC 49
section 5.05.09. 50
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167. Telephone communications (4812 and 4813) including 1
communications towers up to specified height, subject to LDC 2
section 5.05.09. 3
168. Theatrical producers and miscellaneous theatrical services, 4
indoor (7922—7929, including bands, orchestras and 5
entertainers; except motion picture). 6
169. Tour operators (4725). 7
170. Travel agencies (4724). 8
171. Truck rental and leasing, without drivers (7513). 9
172. United State Postal Service (4311, except major distribution 10
center). 11
173. Reupholstery and furniture repair (7641). 12
174173. Utility trailer and recreational vehicle rental (7519). 13
175174. Veterinary services (0741 & 0742, excluding outside 14
kenneling). 15
176175. Videotape rental (7841). 16
177176. Vocational schools (8243—8299). 17
178177. Wallpaper stores (5231). 18
179178. Watch, clock and jewelry repair (7631). 19
180179. Water well drilling (1781). 20
181180. Welding repair (7692). 21
182181. Any use which was permissible under the prior General Retail 22
Commercial (GRC) zoning district, as identified by Zoning 23
Ordinance adopted October 8, 1974, and which was lawfully 24
existing prior to the adoption of this Code. 25
183182. Any other commercial use or professional services which is 26
comparable in nature with the foregoing uses including those 27
that exclusively serve the administrative as opposed to the 28
operational functions of a business and are purely associated 29
with activities conducted in an office. 30
184183. Any other commercial or professional use which is comparable 31
in nature with the (C-1) list of permitted uses and consistent 32
with the purpose and intent statement of the district as 33
determined by the board of zoning appeals pursuant to LDC 34
section 10.08.00. 35
# # # # # # # # # # # # # 36
37
2.03.06 - Planned Unit Development District 38
* * * * * * * * * * * * * 39
B. The PUD process is intended to accomplish the following: 40
* * * * * * * * * * * * * 41
3. Encourage patterns of lad land use that support economical provisions of 42
infrastructure, resulting in smaller networks of utilities and streets with 43
consequent lower construction and future maintenance costs. 44
* * * * * * * * * * * * * 45
G. Residential Mixed Use Neighborhood Center PUD Design Criteria. 46
* * * * * * * * * * * * * 47
6. Building Foundation Plantings. 48
a. Building foundation plantings shall be required per LDC section 49
4.06.05 B.4. C, of the Code except as follows: The building regardless 50
of its size, shall provide the equivalent of 10 percent of its ground level 51
54
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floor area, in building foundation planting area. A continuous building 1
foundation planting width is not required per LDC section 4.06.05 2
B.5.aC. of the Code. However, the foundation plantings shall be 3
located within 21 feet of the building edge in the form of landscaped 4
courtyards and seating area landscaping. 5
# # # # # # # # # # # # # 6
7
2.03.08 – Rural Fringe Zoning Districts 8
* * * * * * * * * * * * * 9
A. Rural Fringe Mixed-Use District (RFMU District). 10
* * * * * * * * * * * * 11
4. RFMU sending lands. RFMU sending lands are those lands that have the 12
highest degree of environmental value and sensitivity and generally include 13
significant wetlands, uplands, and habitat for listed species. RFMU sending 14
lands are the principal target for preservation and conservation. Density may 15
be transferred from RFMU sending lands as provided in LDC section 2.03.07 16
D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. 17
With the exception of specific provisions applicable only to NBMO neutral 18
lands, the following standards shall apply within all RFMU sending lands: 19
a. Allowable uses where TDR credits have not been severed. 20
* * * * * * * * * * * * * 21
(2) Accessory uses. Accessory uses and structures that are 22
accessory and incidental to uses permitted as of right in LDC 23
section 2.03.08 (A)(2)(a)(1) A.4.a.1 above. 24
* * * * * * * * * * * * * 25
26
C. North Belle Meade Overlay District (NBMO). 27
* * * * * * * * * * * * * 28
2. General location. The NBMO District is surrounded by Golden Gate Estates to 29
the north, east, and west and I-75 to the south. This NBMO comprises some 24 30
sections of land (approximately 15,550 acres) located entirely within the RFMU 31
District (LDC section 2.03.08 A.). The boundaries of the NBMO District are 32
outlined in Illustration 2.03.08 D.2.A C.2.a below and on the North Belle Meade 33
Overlay Map in the Future Land Use Element of the GMP. 34
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1 Illustration 2.03.08 D.2.A. C.2.a 2
3
3. Applicability: 4
a. NBMO receiving lands. Permitted, conditional, and accessory uses 5
within NBMO Receiving Lands shall be as set forth in LDC section 6
2.03.08 (A)(2) A.2, except as provided in LDC section 2.03.08 7
(D)(5)C.5.a. All other provisions of this Code that implement the Future 8
Land Use Element, Conservation and Coastal Management Element, or 9
Public Facilities Element, including but not limited to Chapters 3, 4 and 10
10, shall only be applicable to development in NBMO Receiving Lands 11
to the extent specifically stated in this section. However, all development 12
within NBMO Receiving Lands shall comply with all non-environmental 13
review procedures for site development plans and platting as set forth in 14
this Code. 15
b. NBMO neutral lands. Except as otherwise specifically provided in LDC 16
section 2.03.08 D.4 C.4. and section 2.03.08 D5.b C.5.b, all 17
development within NBMO neutral lands shall be consistent with LDC 18
section 2.03.08 A.3. 19
c. NBMO sending lands. Except as otherwise specifically provided in LDC 20
section 2.03.08 D.4 C.4., all development with NBMO Sending Lands 21
shall be consistent with LDC section 2.03.08 A.4. 22
# # # # # # # # # # # # # 23
24
25
26
27
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3.05.10 - Littoral Shelf Planting Area (LSPA) 1
* * * * * * * * * * * * * 2
C. Application to existing lakes. All previously approved projects requiring littoral plantings 3
shall meet the operational requirements set out in LDC section 3.05.10 B. above. 4
* * * * * * * * * * * * * 5
2. For amendments to approved excavations where the proposed amendments will 6
modify the previously approved lake shoreline or increase the previously 7
approved lake area, signage of the planted littoral areas shall be required subject 8
to LDC section 3.05.10 A.6. 9
a. For amendments that modify less than 20 percent of the previously 10
approved shoreline but increase the previously approved lake area, only 11
the additional portion of the lake shall be used to calculate the additional 12
LSPA area using the percentage requirements of LDC section 3.05.10 A.1. 13
(See f Figure 1 3.05.10 below). This additional LSPA shall conform to the 14
design requirements of LDC section 3.05.10 A. 15
b. For amendments that modify 20 percent or more of the previously approved 16
shoreline, the total lake area shall be used to calculate the LSPA area 17
using the percentage requirements of LDC section 3.05.10 A.1. (See f 18
Figure 1 3.05.10 below). The LSPA shall conform to the design 19
requirements of LDC section 3.05.10 A. 20
57
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1
**Image to be revised**
58
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1 Figure 3.05.10 – Modified Littoral Shelf Planting Area 2
# # # # # # # # # # # # # 3
4
5
6
7
**Revised image**
59
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4.06.02 - Buffer Requirements 1
* * * * * * * * * * * * * 2
C. Types of buffers. 3
* * * * * * * * * * * * * 4
4. Type D Buffer: A landscape buffer shall be required adjacent to any road right-5
of-way external to the development project and adjacent to any primary access 6
roads internal to a commercial development. Said landscape buffer shall be 7
consistent with the provisions of the Collier County Streetscape Master Plan, which 8
is incorporated by reference herein. The minimum width of the perimeter 9
landscape buffer shall vary according to the ultimate width of the abutting right-10
of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the 11
corresponding landscape buffer shall measure at least ten feet in width. Where 12
the ultimate width of the right-of-way is 100 or more feet, the corresponding 13
landscape buffer shall measure at least 15 feet in width. Developments of 15 14
acres or more and developments within an activity center shall provide a 15
perimeter landscape buffer of at least 20 feet in width regardless of the width of 16
the right-of-way. Activity center right-of-way buffer width requirements shall not 17
be applicable to roadways internal to the development. 18
* * * * * * * * * * * * * 19
b. A continuous 3 gallon double row hedge spaced 3 feet on center of at 20
least 24 inches in height at the time of planting and attaining a 21
minimum of 30 inches in height in one year shall be required in the 22
landscape buffer where vehicular areas are adjacent to the road 23
right-of-way, pursuant to LDC section 4.06.05 C.4 D.4. 24
# # # # # # # # # # # # # 25
26
4.06.05 - General Landscaping Requirements 27
* * * * * * * * * * * * * 28
I. Location requirements for signage adjacent to landscape buffer. 29
1. Signage located within/adjacent to landscape buffer area. All trees and shrubs 30
located within landscape buffer shall be located so as not to block the view of 31
signage as shown in Figure 4.06.05 H. below, Signage adjacent to landscape 32
buffer. Sign locations shall be shown on the landscape plan and 100 square feet 33
of landscaping shall be provided as required by LDC section 5.06.01 5.06.04 F. 34
* * * * * * * * * * * * * 35
N. Water management areas. 36
1. Natural and manmade bodies of water including retention areas for all 37
developments subject to LDC sections 5.05.08, 4.06.02 D, and 3.05.10. 38
a. Configuration of water management areas. The shape of a manmade body 39
of water, including retention and detention areas, must be designed to 40
appear natural with curvilinear edges. See "Body of Water Shapes" Figure 41
Y in subsection 4.06.02 D. An alternative design may be approved as a 42
part of the design of the building, if the design of the water management 43
area is related to the architectural design of the building. 44
# # # # # # # # # # # # # 45
46
5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 47
A. Definitions. The definitions of the following terms shall apply to the requirements of the 48
Land Development Code, in particular this section 5.06.00, to be known as the "Collier 49
County Sign Code." 50
* * * * * * * * * * * * * 51
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Ground sign: A sign that is supported by one or more columns, upright 1
poles, or braces extended from the ground or from an object on the ground, or 2
that is erected on the ground, where no part of the sign is attached to any part of 3
a building. 4
Ground sign: A sign, 8 ft. in height or lower which is independent of 5
support from any building, that is mounted on freestanding poles or other 6
supports, and shall include a pole cover that is between 50 percent and 100 7
percent of the overall sign width. 8
* * * * * * * * * * * * * 9
Project identification sign: A directional sign which provides identification 10
or recognition of a development only, individual tenants or outparcels are not 11
permitted to use this type of signage. 12
# # # # # # # # # # # # # 13
61
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Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 3.02.10 Standards for Subdivision Plats
5.03.06 Dock Facilities
CHANGE: To replace outdated references to the National Geodetic Vertical Datum of 1929
(NGVD) with references to the North American Vertical Datum of 1988 (NAVD) in the following
sections:
1. LDC section 3.02.10 Standards for Subdivision Plats requires that all final plats indicate
the finished elevation of roads, lots, and homesites using both NAVD and NGVD. This
amendment eliminates the requirement that final plats indicate measurements using NGVD
so that only NAVD is required.
2. LDC section 5.03.06 Dock Facilities references a dock height of at least 3.5 feet NGVD.
This amendment replaces the reference to NGVD with NAVD and converts the 3.5 NGVD
height requirement to 2.2 NAVD based on the County’s general conversion factor.
REASON:
1. Collier County obtains the finished floor elevation of all new and substantially improved
buildings to comply with the National Flood Insurance Program (NFIP) and Collier
County’s Flood Damage Prevention Ordinance (Ord. No. 2011-07). In the past, elevation
information was established using NGVD, but that datum has been updated and federal
agencies now only use NAVD for elevation information. As a result, Collier County’s
Digital Flood Insurance Rate Map (DFIRM) now uses NAVD and the current Flood
Damage Prevention Ordinance requires floor elevations to be provided using NAVD.
However, LDC section 3.02.10 requires finished elevations on final plats to demonstrate
both NAVD and NGVD. Requiring the use of NGVD on final plats in LDC section 3.02.10
is unnecessary and could create confusion and/or inconsistencies when finished floor
elevations are submitted. Therefore, this amendment proposes to eliminate the requirement
to provide both NAVD and NGVD and to require finished elevations using NAVD only.
2. LDC section 5.03.06 J.3.a. establishes a minimum dock height of 3.5 feet NGVD when
building a dock across seagrass beds, or a docking facility within 10 feet of seagrass beds.
Based on the conversion from NGVD to NAVD for Collier County, the minimum height
is now represented as 2.2 feet NAVD. It is important to note that this conversion is not
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intended to result in an actual change to the minimum dock height requirement, but simply
represents differences in how NGVD and NAVD are measured.
DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed
amendment with no changes on February 1, 2016.
DSAC-RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016.
PLANNNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016 and
unanimously approved by 6-0 vote on May 25, 2016, with no changes.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment.
RELATED CODES OR REGULATIONS: An amendment to the Administrative Code for Land
Development to correct processes related to these sections and to remove several remaining
references to NGVD will be completed at a later date.
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with this amendment.
OTHER NOTES/VERSION DATE: Prepared by Jeremy Frantz, Senior Planner, 11/13/15
Amend the LDC as follows:
3.02.10 Standards for Subdivision Plats 1
2
A. All subdivision plats shall be consistent with the need to minimize flood damage. 3
B. All subdivision plats shall have public utilities and facilities, such as sewer, gas, 4
electrical, and water systems, located and constructed to minimize flood damage. 5
C. All subdivision plats shall have adequate drainage provided to reduce exposure to 6
flood hazards. 7
D. Base flood elevation data shall be shown on the Master Subdivision Plan. 8
E. All final plats presented for approval shall clearly indicate the finished elevation of the 9
roads and the average finished elevation of the lots or homesite. All grades must be 10
shown in both NAVD. and NGVD. The information may be shown referenced to one 11
datum with a note on the cover sheet listing a site-specific equation for determining 12
the grades in the other datum. 13
# # # # # # # # # # # # # 14
15
5.03.06 Dock Facilities 16
* * * * * * * * * * * * * 17
J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any 18
proposed docks, dock facilities, or boathouses shall be protected through the 19
following standards: 20
* * * * * * * * * * * * * 21
3. Where a continuous bed of seagrasses exists off the shore of the property and 22
adjacent to the property, the applicant shall be allowed to build a dock 23
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across the seagrass beds, or a docking facility within 10 feet of seagrass 1
beds. Such docking facilities shall comply with the following conditions: 2
a. The dock shall be at a height of at least 3.5 2.2 feet NGVD NAVD. 3
b. The terminal platform area of the dock shall not exceed 160 square 4
feet. 5
c. The access dock shall not exceed a width of 4 feet. 6
d. The access dock and terminal platform shall be sited to impact the 7
smallest area of seagrass beds possible. 8
# # # # # # # # # # # # #9
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LDC Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Growth Management -Engineering and Natural Resources Division
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 3.05.07 Identification of Preservation Standards
CHANGE: To clarify that preserves are to be identified at the time of the first submittal for a
development order that requires the approval of a site plan or a conceptual site plan.
REASON: Currently, LDC section 3.05.07 H.1.a.iii requires preserves to be identified at the time
of the first development order submittal. The requirement to identify the location of preserves “at
the time of first development order” is intended to apply to the first development order that requires
approval of a site plan (including a conceptual site plan), such as, but not limited to: planned unit
development, conditional use, site development plan and final subdivision plat applications. The
provision is not designed to include land use petition submittals such as comprehensive plan
amendments and straight rezones (RZ), because a site plan is generally not required. There is an
exception when a straight rezone is requested for a specific use(s), which is noted in the
Administrative Code for Land Development.
It is important to note that the requirement for conservation easement is a separate process from
the identification of preserves and only occurs during review of the final development order (site
development plan and final subdivision plat). Requirements for conservation easements are
established in LDC section 3.05.07 H.1.d.
DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed
amendment on February 29, 2016, with the following change: “The Preserve shall be identified at
the time of the first submittal for a development order …” This change has been incorporated in
the current draft.
DSAC-RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016.
PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016
unanimously approved by 6-0 vote on May 25, 2016 with no changes.
FISCAL & OPERATIONAL IMPACTS: It is advantageous for the applicant to delay
identification of preserves until such time in which site plans are required due to the costs
associated with the design of site plans.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: The proposed LDC amendment will have no
impact on the GMP.
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OTHER NOTES/VERSION DATE: 4/12/16
Amend the LDC as follows:
3.05.07 - Preservation Standards 1
All development not specifically exempted by this ordinance shall incorporate, at a 2
minimum, the preservation standards contained within this section. 3
* * * * * * * * * * * * * 4
H. Preserve standards. 5
1. Design standards. 6
a. Identification. Native vegetation that is required to be preserved or 7
mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a 8
Preserve and shall be identified in the following manner: 9
i. The Preserve shall be labeled as "Preserve" on all site plans. 10
ii. If the development is a PUD, the Preserve shall be identified 11
on the PUD Master Plan, if possible. If this is not possible, a 12
minimum of 75% of the preserves shall be set-aside on the 13
PUD Master Plan with the remaining 25% identified at the time 14
of the next development order submittal. 15
iii. The Preserve shall be identified at the time of the first submittal 16
for a development order submittal that requires the approval of 17
a site plan or conceptual site plan. 18
# # # # # # # # # # # # # 19
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Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 6.02.06 Potable Water Facility Level of Service Requirements
6.02.07 Sanitary Sewer Facility Level of Service Requirements
CHANGE: To remove outdated standards in LDC sections 6.02.06 and 6.02.07 regarding potable
water and sanitary sewer-wastewater treatment facility level of service requirements. The
standards are inconsistent with the current potable water and sanitary sewer-wastewater treatment
provisions established in the Growth Management Plan (GMP) - Capital Improvement Element
(CIE). It is proposed a cross reference to the level of service standards in the GMP - CIE is
provided in LDC sections 6.02.06 and 6.02.07.
REASON: Following the 2011 Evaluation and Appraisal Report (EAR) of the GMP-CIE,
ordinance 2013-03, the level of service standards for municipal and private water systems level of
service standards were removed. However, the level of service standards for the County were
retained in Policy 1.5 D and E, respectively. In 2013, the Potable Water and Sanitary Sewer Sub-
Elements of the Public Facilities Element, ordinances 2013-05 and 2013-06, were also amended
and the level of service standards were removed and replaced with a cross reference to Policy 1.5
D and E in the GMP-CIE. Throughout these changes, the level of service standards in the LDC
section were not updated.
The level of service standards in the GMP-CIE will continue to be evaluated and updated several
ways. The County’s Water-Sewer District evaluates the potable water and sanitary sewer demand
through Water-Wastewater Master Plan updates and adjusts the level of service standards
established in CIE Policy 1.5 D. and E, as needed. The figures are also updated through the Annual
Update and Inventory Report (AUIR) process. Therefore, there is no longer a need for the
standards to be duplicated in the LDC.
In addition, the amendment removes the specific standards and provides cross references in LDC
subsections 6.02.06 B and 6.02.07 B to LDC section 10.02.07 F Requirements for Certificates of
Public Facility Adequacy, as they are alike.
LDC section 10.02.07 F - Requirements for Certificates of Public Facility Adequacy:
“F. Standards for review of application. The following standards shall be used in the
determination of whether to grant or deny a certificate of public facility adequacy
if the State of Florida adopts legislation to ban the collection of impact fees. Before
issuance of a certificate of public facility adequacy, the application shall fulfill the
standards for the following public facility components:
1. Potable water facilities.
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a. The potable water component shall be granted if any of the following
conditions are met:
i. The required public facilities are in place at the time a final
site development plan, final subdivision plat or building
permit is issued.
ii. The required public facilities are under construction at the
time a final site development plan, final subdivision plat or
building permit is issued.
iii. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of the
LDC section 10.02.07, above.
2. Sanitary sewer facilities and solid waste facilities.
a. The sanitary sewer component shall be granted if any of the following
conditions are met:
i. The required public facilities are in place at the time a final site
development plan, final subdivision plat or building permit is
issued.
ii. The required public facilities are under construction at the time
a final site development plan, final subdivision plat or
building permit is issued.
iii. The required public facilities are guaranteed in an enforceable
development agreement that includes the provisions of
sections i. and ii. “
DSAC-LDR RECOMMENDATIONS: The Subcommittee approved the amendment
unanimously with no changes on April 13, 2016.
DSAC RECOMMENDATIONS: Unanimously approved on May 4, 2016 with no changes.
PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016 and
unanimously approved by 6-0 vote on May 25, 2016, with no changes.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: Ordinances 08-63, 13-03, 13-05, and 13-06; GMP-
Capital Improvement Element Policy 1.5.D. and E; GMP-Wastewater Treatment Sub-Element
Policy 1.3 and Potable Water Sub-Element Policy 2.3.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE:
Prepared by: Richard Henderlong, Principal Planner, 04/08/16
Amend the LDC as follows: 20
21
6.02.06 - Potable Water Facility Level of Service Requirements 22
23
A. See Policy 1.5 D, the Capital Improvement Element of the Growth Management Plan or 24
successor section, for the level of service standards for potable water facilities. The LOS 25
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for capital potable water facilities varies between public water systems and private water 26
systems. 27
1. For the Collier County Water and Sewer District, the LOS is 185 gallons per capita 28
per day (GPCD). 29
2. For the Goodland Water District, the LOS is 163 GPCD. 30
3. For the City of Naples unincorporated service area, the LOS is 163 GPCD. 31
4. For the Everglades City unincorporated service area, the LOS is 163 GPCD. 32
5. For independent districts and private potable water systems, the LOS is the 33
potable water flow design standards as identified in Policy 1.3.1 3.1 of the Potable 34
Water Sub-Element of the GMP, except that approved private wells are exempt 35
from these LOS requirements. 36
B. The Ddetermination of public facility adequacy for potable water facilities shall be based 37
on the following: LDC section 10.02.07 F.1. 38
1. The required public facilities are in place at the time a final site development plan, 39
final subdivision plat, or building permit is issued. 40
2. The required public necessary facilities and services are under construction at the 41
time a final site development plan, final subdivision plat, or building permit is 42
issued. 43
3. The required public necessary facilities are guaranteed in an enforceable 44
development agreement that includes the provisions of subsections 6.02.06 B.1. 45
and 6.02.06 B 2. of the LDC. 46
# # # # # # # # # # # # # 47
48
6.02.07 - Sanitary Sewer- Wastewater Treatment Facility Level of Service Requirements 49
50
A. See Policy 1.5 E, the Capital Improvement Element of the Growth Management Plan or 51
successor section, for the level of service standards for sanitary sewer – wastewater 52
treatment facilities. The LOS for capital sanitary sewer facilities varies between public 53
sanitary sewer systems and private sanitary sewer systems. The LOS for the North Sewer 54
Area The LOS for capital sanitary sewer facilities varies between is 145 GPCD. The LOS 55
for the South Sewer Area is 100 GPCD. The LOS for the Southeast Sewer Service Area 56
is 120 GPCD. The LOS for the Northeast Sewer Service Area is 120 GPCD. The LOS for 57
the City of Naples unincorporated sewer service area is 121 GPCD. 58
B. The LOS for independent districts and private sanitary sewer systems is the sewage flow 59
design standards identified in Policy 2.1 of the Sanitary Sewer Sub-Element the GMP, as 60
required by the State of Florida. Approved private septic systems are exempt from these 61
LOS requirements. 62
C. The determination of public facility adequacy for sanitary sewer-wastewater treatment 63
facilities shall be based on the following: LDC section 10.02.07 F.2. 64
1. The required public facilities are in place at the time a final site development plan, 65
final subdivision plat, or building permit is issued. 66
2. The required public facilities are under construction at the time a final site 67
development plan, final subdivision plat, or building permit is issued. 68
3. The required public facilities are guaranteed in an enforceable development 69
agreement that includes the provisions of subsections 6.02.07 C.1. and 6.02.07 70
C2. 71
# # # # # # # # # # # # # 72
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Land Development Code Amendment Request
ORIGIN: Planning and Zoning Division
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment
CHANGE: LDC section 9.04.04 provides varying degrees of relief for several types of after-the-
fact encroachments for structures. Currently, there are several inconsistencies and conflicts within
the criteria for the administrative minor after-the-fact encroachment provision. This amendment
rectifies the inconsistencies and conflicts.
REASON: Ordinance 2006-63 amended LDC section 9.04.04 and established several additional
provisions to allow for after-the-fact administrative variances to be approved. However, at that
time inconsistencies were introduced. Several of the criteria create conflicts or are located in the
incorrect subsections, creating confusion and internal conflicts. The proposed amendment clarifies
which criteria are to be met for each scenario and establishes that the encroachment applies to the
yard requirement in effect as of the date the building permit was issued in each section.
For information purposes: a Certificate of Occupancy is established in the Florida Building
Code 5th Ed. (2014) under Section 111 – Certificate of Occupancy and allows for a building or
structure to be used or occupied. A Certificate of Occupancy establishes that a building complies
substantially with the plans and specifications that have been submitted to, and approved by, the
local authority and allows occupancy.
LDC subsection 9.04.04 C.4 has been modified to be a standalone section. This revision clarifies
that the grandfathering provision is not subject to the 25% relief, but rather the setbacks established
at the time of construction.
The following table provides several examples as to how the sections are used.
LDC
Section
County Action Example Situations Relief
Provided
9.04.04 A Building Permit is issued but
no Certification of Occupancy
is issued
Slab is poured incorrectly.
Encroachment is found during
construction. This is typically after
the purchase of the home.
Up to 5%
9.04.04 B Building Permit is issued and
a Certificate of Occupancy is
issued
Encroachment is found following use
of structure. Typically due to
improved techniques for surveying
and identified at a real estate closing.
Up to 10%
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9.04.04 C Building Permit is issued or
no building permit record can
be found
1) Encroachment is due to improved
techniques for surveying or county
error. Error is not the result of the
property owner.
2) No building permit can be found on
record and is not the result of the
current property owner.
Up to 25%
9.04.04 D
(new
section)
Certificate of Occupancy is
issued.
3) “Grandfathering” conditions apply
and prior setbacks in the LDC are
permitted.
Equal to or less
than prior
setback
DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed
amendment with no changes on February 1, 2016.
DSAC-RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016.
PLANNING COMMISSION RECOMMENDATIONS: Reviewed on May 5, 2016 and
unanimously approved by 6-0 vote on May 25, 2016 with no changes.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: Collier County Ordinance 2006-63.
An amendment to the Administrative Code for Land Development will be completed at a later
date.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE:
Prepared by Richard Henderlong, Principal Planner, 5/12/16 CC
Amend the LDC as follows:
9.04.04 - Specific Requirements for Minor After-the-Fact Encroachment 1
2
Minor after-the-fact yard encroachments for structures, including principal and accessory 3
structures, may be approved administratively by the County Manager or designee. Exceptions 4
to required yards as provided for within LDC section 4.02.01.D shall not be used in the 5
calculations of existing yard encroachments. 6
7
A. For both residential and non-residential structures the County Manager or 8
designee may administratively approve minor after-the-fact yard 9
encroachments of up to five (5) percent of the required yard, not to exceed a 10
maximum of six (6) inches when: 11
1. A a building permit has been issued and is under review , but for 12
which a certificate of occupancy has not been granted. The 13
encroachment applies to the yard requirement in effect as of the date 14
the building permit was issued. 15
2. A building permit and certificate of occupancy or a final development 16
order has been granted. 17
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B. For both residential and non-residential structures, the County Manager or 1
designee may administratively approve minor after-the-fact yard 2
encroachments of up to ten (10) percent of the required yard with a maximum 3
of two (2) feet when 4
1. A a building permit and certificate of occupancy or a final 5
development order has been granted. The encroachment applies to 6
the yard requirement in effect as of the date the building permit was 7
issued. 8
2. The encroachment applies to the yard requirement which was in effect 9
as of the date on which the certificate or occupancy or final 10
development order was issued. 11
C. For property supporting a single-family home, two-family home, duplex, 12
mobile home or modular home, the County Manager or designee may 13
administratively approve encroachments of up to twenty-five (25) percent of 14
the required yard in effect as of the date of the final development order 15
building permit when one of the following conditions exists:. 16
1. In the presence of mitigating circumstances, where the encroachment 17
does not result from error or action on the part of the property owner 18
and a building permit has been issued. 19
2. Structures for which a final development order has been issued. 20
32. When Where no building permit record can be produced and the 21
following criteria must be are met: 22
a. An after-the-fact building permit for the structure, or portion of 23
the structure, is issued prior to the application approval of for 24
the administrative variance. prior to the application for the 25
administrative variance. The administrative variance will only be 26
approved once all inspections have been completed. and the 27
certificate of occupancy will be issued only in cases where an 28
administrative variance has been approved. The certificate of 29
occupancy shall be placed on hold until the administrative 30
variance is approved. 31
b. The encroaching structure, or portion of the structure, was 32
constructed prior to the purchase of the subject property by the 33
current owner. 34
c. Evidence is presented showing that the encroaching structure, 35
or portion of the structure, was constructed at least two (2) 36
years prior to the date of application for the administrative 37
variance. This evidence may be in the form of a survey, 38
property card, or dated aerial photograph clearly showing the 39
encroachment. 40
d. The encroaching structure is either an addition of living area to 41
a principal structure, or an accessory structure of at least 42
two hundred (200) square feet in area. 43
e. The encroachment presents no safety hazard and has no 44
adverse effect on the public welfare. 45
4 D. Where a structure was lawfully permitted within a residential zoning district 46
under a previous code, and where said structure is considered 47
nonconforming under the current Land Development Code, due to changes 48
in the required yards, the County Manager or designee may administratively 49
approve a variance for an amount equal to or less than the existing yard 50
encroachment. 51
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D E. Under no circumstances shall any administrative variance be approved which 1
would allow a reduction of the separation between structures to less than ten 2
(10) feet. 3
E F. Administrative variances approved pursuant to the above do not run with the 4
land in perpetuity and remain subject to the provisions of this section regarding 5
nonconforming structures. 6
# # # # # # # # # # # # # 7
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Land Development Code Amendment Request
ORIGIN: United States Postal Service
AUTHOR: Development Review Division Staff
DEPARTMENT: Growth Management - Development Review Division
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 4.05.10 Parking for Residential Central Mail Delivery Locations (A new
LDC section)
CHANGE: To introduce a new LDC section 4.05.10 that establishes minimum parking standards
for centralized mail delivery locations (CMDL), such as mail kiosk or cluster box unit, in
residential neighborhoods. The proposed standards provide for safe access to the CMDL, establish
parking space requirements, and outline lighting requirements. The standards are designed to
provide a safe environment to deliver and pick-up mail.
REASON: The proposed standards respond to a letter from the United States Postal Service
(USPS) Postmaster in September 2013 stating the USPS no longer offers door or curbside delivery
for new residential developments. According to USPS Postal Operation Manual (POM), “Postal
Service representatives are required to meet with builders and developers early in the process to
ensure best choices are made and to assess if the mode of delivery directed to be put in place
conforms to the policies of the Postal Service.” The County’s Addressing Division has been
providing the notice and guidelines to developers when they request a street address for a CMDL.
The Development Review Division also provides a “heads up” to residential developers during
subdivision pre-application meetings that they will need to identify where CMDLs will be located.
The amendment proposes to include the following standards:
• Requires CMDLs to be identified on site development plans or construction plans for the
final subdivision plats. This will serve to better coordinate locational approval with the
USPS and the County.
• Identifies a setback from intersections, crosswalks, and entry gates for the parking. The
Florida Department of Transportation’s 2015 Florida Intersection Design Guidelines
(FIDG) recommends parking clearances (setbacks) for an unsignalized intersection, at
speeds from 0 to 30 mph, are 85 feet upstream and 60 feet for 2 lane downstream. In
addition, the FIDG states, “Florida Statues prohibits parking within 20 feet of a crosswalk
at an intersection …” Based on the FIDG recommendations, staff recommends utilizing an
85-foot setback from an unsignalized intersection and a 20-foot setback from a designated
crosswalk, whichever is more restrictive. To avoid traffic congestion and provide safe
access through a gated community, staff is recommending a minimum 60-foot parking
clearance be established from an entry gate.
• Establishes a minimum requirement of two parking spaces for a mail kiosk or cluster box
units (CBU) servicing a neighborhood of more than 16 postal addresses. This will
accommodate a mail delivery truck and a parked vehicle.
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• Establishes parking space design standards and requires the parking spaces to be accessible,
such as providing an access aisle, curb cuts, or by gradient level design.
• The amendment provides two exceptions from the parking requirements. However, for
both exceptions, the locations of the CMDL shall be identified on the site plan or
construction plans, providing lighting and pedestrian access is provided.
o The first parking exception is for CMDLs sited at recreational facilities, such as,
sports facility, a clubhouse, or a private club, provided the minimum parking space
requirements for the recreational facilities are met and there is pedestrian access
from the parking lot to the CMDL.
o The second parking exception is for CMDLs servicing 16 or fewer households. The
exception is based upon the concept these CMDLs are located within a practical
walking distance; there is less time spent dropping off the mail; and fewer residents
would drive to the CMDL.
• Establishes the CMDL to be lighted by the neighborhood streetlight system at an average
illuminated intensity of 0.5 foot candle. This supports the USPS Postal Operation Manual
policy 632.622.a. which states: “The area must be adequately lighted to afford the best
protection to the mail and to let carriers read addresses on mail and names on boxes
without difficulty.”
The subsequent photos represent existing CMDLs that have been accepted by USPS. The photos
illustrate an adequate location in the development, nearby sidewalks, parking spaces, lighting,
designs that limit impediments to street traffic, and provides for general accessibility to the
CMDLs.
2011 Camden Lakes- Architectural Designed Kiosk- Neighborhood Delivery Center
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2015 Raffia Preserve- At Community Recreation Center on Raffia Palm Circle – Mixed SF and MF.
2015-Livingston Lakes- Butler Lake Dr. CMDLs and Parking Spaces (one designated
handicap space) at gradient level without curb or gutter.
The photos and site development plan below illustrate existing CMDLs which meet many of the
proposed design standards.
Esplanade-Bellano Ct. – MF Arrow points to Kiosk
6-CBUs between bicycle rack and recreation center.
Esplanade-Cavano – SF 5-CBUs located across street
from Sales Center. Sidewalk behind landscaping.
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DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the
amendment on February 29, 2016, with the following recommendation: consider adding
flexibility to provide no parking spaces based on location and the number of households. This
recommendation has been incorporated into the current draft.
DSAC RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016.
Canopy, a 108 SF residential community on Canopy Circle.
(See site development plan below)
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PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016 and
unanimously approved by 6-0 vote on May 25, 2016 with no changes.
FISCAL & OPERATIONAL IMPACTS: None. Developer pays for mail kiosk/CBUs, lighting
and parking.
RELATED CODES OR REGULATIONS: USPS Postal Operation Manual-Modes of Delivery
and Delivery Equipment. Chapters 316.1945 and 316.2045 Florida Statues.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTES/VERSION DATE:
Prepared by Richard Henderlong, Principal Planner 4/07/16
Amend the LDC as follows:
1
4.05.10 Parking for Residential Central Mail Delivery Locations 2
3
A. Central mail delivery locations, such as neighborhood mail kiosks and cluster box units, in 4
residential neighborhoods, shall provide parking and lighting in order to provide a safe 5
environment to deliver and collect mail. All central mail delivery location(s) shall be 6
identified on the site development plan or the construction plan for the final subdivision 7
plat. 8
B. Central mail delivery locations shall adhere to the following standards: 9
1. Location. Parking spaces shall be located a minimum 85 feet from the centerline 10
of a street intersection, 50 feet from end of curb radius and 20 feet from 11
crosswalks, whichever is greater. The minimum distance from a gated entry to 12
parking spaces shall be 60 feet or greater. The parking spaces shall not encroach 13
into sidewalks, pedestrian pathways, or impede street and pedestrian traffic. 14
2. Parking space design standards. A minimum of two parking spaces shall be 15
provided for the central mail delivery locations. 16
a. Each parking space shall be a minimum dimension of nine (9) feet wide by 17
twenty-three (23) feet in depth. 18
b. Grade level access to the central mail delivery location shall be provided 19
by one or more of the following: an access aisle, curb cut, curb ramp, or 20
by a similar design. 21
3. Parking requirements in B.1 and B.2 above are not required when: 22
a. A central mail delivery location is sited at recreational facilities and parking 23
is provided as established in LDC section 4.05.04 and pedestrian access 24
is provided from the parking lot area to the central mail delivery location. 25
b. A central mail delivery location is servicing a neighborhood of 16 or fewer 26
postal addresses and grade level access in B.2.b. is provided. 27
C. Lighting. Central mail delivery locations shall be sufficiently lighted by the neighborhood 28
streetlight system at an average illuminated intensity of 0.5 foot-candle. Lighting provided 29
for central mail delivery locations shall be shielded to prevent excessive light and glare. 30
31
# # # # # # # # # # # # # 32
33
34
Reference Only: 35
36
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USPS Publication 32- Glossary of Postal Terms: 1
Cluster box unit (CBU) - A centralized grouping of individually locked and keyed compartments 2
or mailboxes, such as a wall-mounted unit in an apartment building or a free-standing 3
neighborhood delivery and collection box unit. The carrier can generally access the individual 4
compartments at one time by using a special key to unlock a facing or rear flat panel (front- or 5
back-loading) or, for vertical boxes, (top-loading) an entire row of boxes that swing away from 6
the wall to expose the tops of each box. 7
8
Neighborhood delivery and collection box unit - A centralized unit of more than eight 9
individually locked compartments sized to accommodate the delivery of magazines, merchandise 10
samples, and several days’ accumulation of mail. In addition, collection mail may be deposited 11
in a designated compartment. 12
13
USPS - Manual 14
631.442 Central Delivery Addresses 15
16
Central delivery mail receptacles (including USPS STD 4C equipment and CBUs, delivery 17
centers, and postal centers) must be identified by the same addresses as the dwellings for which 18
they serve as mail receptacles. The respective, conforming addresses should be displayed inside 19
the boxes and visible only to the carrier and customer when accessing that receptacle. USPS does 20
not assign addresses; however, the sequential ordering of any centralized delivery equipment is 21
subject to USPS approval for operational efficiency and to accommodate special circumstances 22
or requests for hardship delivery. For security or privacy, mailer associations or customer groups 23
may use another alphanumeric identification system on the outside of receptacles that is not part 24
of, or used in, the mailing address. 25
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Land Development Code Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Growth Management Department Staff
DEPARTMENT: Growth Management
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 5.04.05 Temporary Events
CHANGE:
1. To establish development and use standards for temporary special events, which includes
temporary market events, sales and promotional events, and sports, religious, and
community events.
2. To add a new provision for temporary market events such as farmers markets, art fairs, and
craft fairs to the special events section. Please see Attachment 1 which describes public
comments regarding the proposed temporary market event standards.
3. To correct an inconsistency in the standards for sports, religious, and community events.
4. To reorganize the time frames for temporary events for ease of use.
REASON: This amendment proposes standards for temporary markets, such as farmers markets,
art fairs, and craft fairs which take place on private property. For reference, the BCC approved an
amendment (Ordinance No. 15-28) on April 15th, 2015, which identified standards and an approval
process for temporary events on Collier County property.
1. Development and use standards for special events (temporary market events, sales and
promotional events, and sports, religious, and community events) are proposed. The
standards include: providing for sanitary facilities; safe entry and exit to the event; use of
vehicular use areas; use of temporary structures, merchandise and signage; obtaining
permission from property management companies to host the event; compliance with other
Collier County codes; and obtaining and displaying licensure or certification from other
agencies. These standards are designed to address a range of event outcomes, including
temporary market events which can take place on unimproved lands and sports, religious
and community events which can take place at locations generally designed for another
land use.
Currently, special events may occupy, or render unusable, up to 10 percent of the parking
required by LDC section 4.05.04. This amendment modifies this standard by allowing for
the use of up to 25 percent of vehicular use areas. Vehicular use areas are defined in LDC
section 1.08.02 as:
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An area used for circulation, parking, and/or display of motorized vehicles,
except junk or automobile salvage yards.
This will provide a simpler method of calculating the area of the special event allowed
within the parking lot. Additionally, the increase from 10 to 25 percent will provide more
flexibility for market operators, especially when events are held at locations with smaller
parking lots. Alternatively, equivalent off-site parking may be provided if more than 25
percent of the vehicular use area is used. This means that applicants will be required to
submit the area of the event that is taking place within the vehicular use area.
2. Currently, temporary market events on private property are typically reviewed by staff
under LDC section 5.04.05 A.1 – Sales and Promotional Events. However, this section is
designed for events that are related to the principal activities on the subject property.
Additionally, temporary market event vendors do not always maintain physical storefronts
and vendors at temporary market events sell a broad array of food and retail goods which
may or may not be available for sale within the principal activities at the subject property.
Certain applicants may also apply for a temporary market event pursuant to LDC section
5.04.05 A.2. – Sports, religious, and community events. In this instance, temporary market
events are considered religious and/or community events and are restricted to zoning
districts in which the temporary use is not specifically approved, unless otherwise approved
by the Board.
To address these discrepancies, the proposed amendment creates a new category of special
event in order to allow for single- or multi-vendor events, such as farmers markets, art fairs,
and craft fairs to take place on property where the goods sold at the market may be distinct
from those sold at the established businesses located on the premise. Furthermore, the new
category allows for religious and non-profit organizations to apply for temporary use
permits under LDC section 5.04.05 A.2 – S ports, religious, and community events without
conflict.
This amendment permits temporary market events on improved or unimproved non-
residential properties. In addition to the standards applicable for all special events,
temporary market events will be required to obtain permission from the property owner to
ensure coordination between event organizers and property owners. The amendment also
establishes that market operators are required to ensure that vendors obtain all federal, state,
and local licenses, insurance, and permits, as applicable. This includes a Collier County
business tax receipt and any permanent or temporary license or certification required when
selling food, as applicable. Verification of required permitting, etc., could be done through
an application process by the market operator.
It is important to note that the Cottage Food Law, Florida Statutes § 500.80, exempts
individuals from obtaining a license from the Florida Department of Agriculture and
Consumer Services (FDACS) when they make less than $15,000 annually on the
manufacturing of certain food products such as breads, cakes, cookies, candies, jams,
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jellies, and fruit pies. However, these products must be labeled in such a way that identifies
the product was made in a cottage food operation that is not subject to Florida’s food safety
regulations.
Further, Collier County Code of Laws section 126-143 requires a business tax receipt or
Home Occupation license for each operator of a business, operator, or profession. This
means that unless specifically exempted, each vendor at a farmers market is required to
obtain a business tax receipt. However, businesses from other counties are not required to
obtain a business tax receipt when selling goods at a temporary market in Collier County
as it is assumed they already obtain a business tax receipt from their home county.
Temporary signs associated with temporary market events will be subject to the existing
temporary sign standards for special events in LDC section 5.04.06. This allows one sign
per event with a maximum duration of 15 calendar days prior to the event and 7 days after
the event has taken place. Additionally, two signs are permitted for properties with two
street frontages, with one sign displayed on each street frontage.
3. Currently, LDC section 5.04.05 A.2.a indicates that sports, religious, and community
events are permitted “on lands not specifically developed and approved for such activities
on a regular basis.” However, LDC section 5.04.05 A.2.c. states that “temporary use
permits in this category shall be restricted to those zoning districts in which the use would
normally be permitted.” As these provisions are in conflict, and because these events
frequently take place at schools, churches and other locations that are not specifically
developed for temporary events, it is proposed new language is established to indicate
sports, religious, and community events are limited to zoning districts in which the use
would be compatible.
4. Currently, temporary use permits for sales and promotional events limit temporary market
events to 28 event days per year. As a new type of special event, this amendment proposes
to allow a maximum of 52 event days per year.
It is important to note that temporary market event days do not impact the maximum
number of event days permitted for other events. For instance, this means that if a farmers
market is held at the same location as a sales and promotional event, the number of event
days of the sales and promotional event do not reduce the maximum number of temporary
market event days.
It should be noted that PUDs may include temporary market events as a permitted activity or land
use within the PUD and if so may not be required to obtain a temporary use permit for each event.
As a result, the applicability of these proposed standards to temporary market events in PUDs will
depend upon whether a particular PUD has included specific provisions related to temporary
market events.
DSAC-LDR RECOMMENDATIONS: The Subcommittee unanimously approved the proposed
amendment on February 29, 2016, and recommended the following:
1) Remove the word “certain” from Section 5.04.05 A.2.
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2) Clarify how maximum event days are calculated.
3) Allow a maximum of two temporary signs for temporary market events.
4) Clarify the licensing requirements for vendors.
These changes have all been incorporated in the current draft, except for the maximum number of
temporary signs. No new sign standards are proposed by this amendment. As a result, temporary
sign standards for temporary market events are the same as other types of special events. This
means that temporary market events are permitted one temporary sign, but two temporary signs
are permitted for properties with two street frontages.
DSAC RECOMMENDATIONS: Unanimously approved with no changes on April 6, 2016.
PLANNING COMMISSION RECOMMENDATIONS: Reviewed on April 21, 2016, and
approved by 6-0 vote on May 25, 2016, with the recommendation to add the word “equivalent” to
section 5.04.05 A.1.c to ensure that any off-site parking provided is equivalent to the vehicular use
area used by the event.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment.
RELATED CODES OR REGULATIONS:
• Ordinance Number 2015-28.
• This amendment will require a change to the Administrative Code for Land Development.
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with this amendment.
OTHER NOTES/VERSION DATE: May 26, 2016.
Amend the LDC as follows:
5.04.05 Temporary Events 1
2
A. Special Events. This section establishes the location and development standards for 3
special events, including temporary market events, sales and promotional events, and 4
sports, religious, and community events. 5
1. Standards applicable to all special events. 6
a. Sanitary facilities shall be provided for the duration of the event. Proof of 7
consent by business management shall be provided if permanent 8
business restrooms are to be used. 9
b. Safe ingress and egress shall be provided to the site, including 10
emergency access measures. 11
c. A maximum of 25 percent of the vehicular use area may be occupied or 12
otherwise rendered unusable by the placement of temporary structures, 13
equipment, and merchandise associated with the special event, unless 14
equivalent off-site parking is provided. 15
d. The minimum required number of handicapped parking spaces for the 16
site pursuant to LDC section 4.05.07 shall not be used for the special 17
event. 18
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e. In support of the special event, temporary structures, equipment, 1
merchandise, and signage may be placed on the site subject to the 2
approval of a site diagram depicting the locations of principal structures, 3
parking, temporary structures, and signage. 4
i. Temporary signage shall be subject to the restrictions set forth in 5
LDC section 5.04.06. 6
ii. All temporary structures, equipment, merchandise, or placement 7
and parking of vehicles in conjunction with the special event shall 8
be located in a parking lot or open space at least 10 feet from the 9
property line and shall be removed at the conclusion of each 10
event. 11
iii. A building permit may be required for the erection of temporary 12
tents or structures. 13
f. See Collier County Code of Laws Sections 118-102 and 118-131 to 118-14
155, or successor sections, for additional standards related to solid 15
waste and recycling collection. 16
g. No sales, advertising, or other activity related to the special event shall be 17
permitted in the public right-of-way in accordance with Collier County 18
Code of Laws Section 26-1, or successor sections. 19
h. Application. The Administrative Code shall establish the procedural 20
requirements for special events. 21
2. Temporary Market Events. A temporary use permit is required for temporary 22
market events to allow for the temporary sale of retail products which may not 23
normally be available in non-residential zoning districts. Temporary market 24
events shall be defined as a single- or multi-vendor event where vendors sell 25
goods or personal services directly to the public, such as, but not limited to: 26
farmers markets, art fairs, and craft fairs. 27
a. Location. Temporary market events are allowed on improved or 28
unimproved non-residential properties. For temporary events on Collier 29
County Property, see LDC section 5.04.05 C. 30
b. The applicant shall provide a letter from the property owner or property 31
manager granting permission to utilize the subject property for the 32
temporary market event during the requested time period. 33
c. Market operators shall verify that vendors obtain all applicable federal, 34
state and local licenses, insurance, and/or permits, including but not 35
limited to the Collier County business tax receipt and any permanent or 36
temporary license or certification required when selling food. 37
13. Sales and Promotional Events. 38
a. A temporary use permit is required for temporary sales and/or 39
promotional events on non-residential property, such as grand openings, 40
going out of business sales, special promotional sales, sidewalk sales, 41
overstock sales, tent sales, or other similar uses for sales and 42
promotional events related to the principal activities in operation at the 43
subject property, unless otherwise provided for in this section. 44
b. The Administrative Code shall establish the procedural requirements for a 45
temporary use permit for sales or promotional events. 46
c. In support of the proposed temporary sale or event, temporary signs, 47
merchandise, structures, and equipment may be placed subject to 48
approval of a site plan depicting same. 49
i. Temporary signage shall be subject to the restrictions set forth in 50
section 5.04.06 51
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ii. All temporary structures and equipment, merchandise, or 1
placement and parking of vehicles in conjunction with the 2
temporary sale, shall conform to the minimum yard requirements 3
of the zoning district in which it is located. 4
iii. A building permit may be required for the erection of temporary 5
structures. 6
db. Temporary use permits for sales may be issued to the owner(s) of a 7
commercial establishment, or to the tenant(s) operating within a 8
commercial establishment with the approval of the property owner or 9
property manager, provided said tenant provides documentation of a 10
current annual lease with the property owner. Uses permitted by an 11
approved temporary sales permit shall be operated by the property owner 12
or tenant(s), except as provided for in LDC sections 5.04.05 A.1.g. 3.e. 13
and 5.04.05 A.1.h. 3.f. below. 14
ec. Temporary use permits for sales shall be restricted to those zoning 15
districts in which the sale of the items would normally be permitted. 16
Further, the sales activity permitted by the temporary use permit shall be 17
related to the principal commercial activities in operation on the subject 18
property, except as provided for in LDC subsections 5.04.05 A.1.g. 3.e 19
and 5.04.05 A.1.h. 3.f below. 20
fd. Special event temporary use permits for Sales and Promotional Events 21
shall not be issued for undeveloped unimproved properties, with 22
exception to pre-construction ground breaking events with a valid 23
development order. 24
ge. The County Manager or designee may issue temporary use permits for 25
satellite locations subject to the applicable restrictions set forth in this 26
section, provided the applicant currently operates a business from a 27
permanent, approved commercial location within the County. Additionally, 28
the purpose of the temporary sale shall be the same as the principal 29
purpose of the existing commercial business of the applicant. 30
hf. The County Manager or designee may, in determining a specific benefit 31
to the public, grant a temporary use permit to facilitate the sale of an item 32
or items not generally available within a specific planning community, 33
subject to the applicable restrictions set forth in this section. 34
24. Sports, religious, and community events. 35
a. A temporary use permit is required for sports, religious, community, or 36
other similar events sponsored by profit, nonprofit, charitable, civil, or 37
membership organizations, on lands not specifically developed and 38
approved for such activities on a regular basis. The County Manager or 39
designee may grant a nonrenewable temporary use permit of up to 14 40
days duration for such events. 41
b. Temporary use permits of this type may, in support of the use being 42
permitted, include the placement of temporary signs, merchandise, 43
structures and equipment, and a mobile home as an office, but not for 44
residency. 45
i. Temporary signage shall be subject to the restrictions set forth in 46
section 5.04.06 47
ii. A building permit may be required for the placement and/or 48
erection of temporary structures. 49
c. Temporary use permits in this category shall be restricted to those zoning 50
districts in which the use would normally be permitted be compatible, 51
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unless otherwise approved by the Board of County Commissioners via a 1
public petition request. 2
d. The County Manager or designee shall accept, without fee, temporary 3
use permit applications for sports, religious, community, or other similar 4
events, upon presentation of documentation that the sponsor of the event 5
is a bona fide nonprofit organization and the event is intended to benefit 6
the community at large or a specific group of individuals. Two such events 7
per calendar year per organization are eligible for this permit. 8
3. Special Event time limits. 9
a. The County Manager or designee may grant nonrenewable temporary 10
use permits of up to 14 days duration, such that during any calendar year 11
the sum total duration of all permits for such events for that location does 12
not exceed 28 days. 13
b. For multiple occupancy parcels with 10 or more tenants the total duration 14
of all such permits shall not exceed 42 days per calendar year. 15
c. Temporary use permits for special events may be extended up to an 16
additional 4 weeks when approved by the Board of County 17
Commissioners. Such approval may be subject to stipulations and 18
additional constraints which shall be noted as conditions of the permit and 19
the permittee will be required to sign a notarized agreement to abide by 20
such conditions. 21
B. Temporary seasonal sales. A nonrenewable 5 week temporary use permit may be 22
issued for seasonal and holiday related temporary sales subject to the following 23
restrictions. 24
1. Temporary use permits for seasonal sales may be issued only for the following 25
seasonal/holiday related items: 26
a. Christmas trees. 27
b. Fireworks, as allowed by F.S. Chapter 791 and subject to the issuance of 28
an approved permit by the jurisdictional fire district. 29
c. Pumpkins. 30
2. Temporary use permits for seasonal sales may be issued on improved or 31
unimproved properties. 32
3. The applicant shall provide a notarized letter from the property owner or 33
property manager granting permission to utilize the subject property for the 34
temporary seasonal sales. 35
4. Temporary use permits for seasonal and/or holiday sales may, in support of the 36
use being permitted, include the placement of signs, merchandise, temporary 37
structures, and equipment. 38
a. Temporary signage is subject to the restrictions set forth in subsection 39
5.04.06 A & B. 40
b. A building permit may be required for the erection of temporary 41
structures. 42
C. Garage sales. A permit is required for garage sales,: In the case of garage sales, lawn 43
sales, and other similar temporary sales to be held at private homes, churches and 44
other places of worship, community centers, or other nonprofit residentially zoned 45
institutions, the County Manager or designee may issue one 2-day permit for such 46
events during each 6 month period. 47
D. Temporary events on Collier County property. 48
1. A Board approved agreement shall be required for temporary events on all 49
Collier County parks, facilities, and other property. A temporary use permit shall 50
not be required. 51
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2. Signage for temporary events on Collier County property shall comply with LDC 1
section 5.04.06 Temporary Signs. 2
3. The applicant shall coordinate with emergency medical services, fire districts, 3
and Collier County Sheriff’s offices to determine the appropriate level of coverage 4
required for the event. 5
E. Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may, 6
from time to time, be called upon to allow certain uses for specific periods of time. After 7
public hearing, the County Manager or designee may issue a Temporary Use Permit 8
upon receipt of satisfactory evidence that all stipulations and/or requirements have been 9
satisfied. 10
F. Temporary event time limits. 11
1. Table 5.04.05 F.1. – Temporary Event Time Limits 12
Temporary event type
Maximum number of
event days allowed
for each permit
Maximum
number of event
days allowed per
calendar year
per location
Temporary market events 13 521
Sales and promotional events 14 282,3
Sports, religious, and community
events 14 282,3
Temporary seasonal sales 35 105
Garage sales 2 4
Temporary events on Collier County
property
As approved in accordance with LDC
section 5.04.05 D.
Temporary uses not elsewhere
classified
As approved in accordance with LDC
section 5.04.05 E.
1 Maximum consecutive event days shall not exceed two event days at any one
location.
2 Extension. Temporary use permits for sales and promotional events and sports,
religious, and community events may be extended up to an additional four
weeks when approved by the Board of County Commissioners at a regularly
scheduled public meeting. Such approval may be subject to stipulations and
additional constraints which shall be noted as conditions of the permit and the
permittee will be required to sign a notarized agreement to abide by such
conditions.
3 For multiple occupancy parcels with ten or more tenants the total duration of all
such events shall not exceed 42 event days per calendar year.
# # # # # # # # # # # # 13
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Attachment 1
Public Comments Regarding LDC Amendment to section 5.04.05 –
Temporary Market Events
Name: Joey and Neomi Rakow
Contact Information: FarmerMarket2@aol.com
Affiliation: Farmers Market Operator – Golden Gate Center Market
Comments provided by email on February 26, 2016:
Thank you for including us, my one concern is the maximum signs for markets should be 2 instead of
one. Our Golden Gate Center Market has two entrances. It would be good if we were able to put a sign
on each entrance. The 52 days extension for markets would be excellent for us because our vendors are
locals who need to work all year long. The other request we have if possible be allowed one feather
banner on the day of the event only.
Thank you,
Joey and Neomi Rakow
Staff Notes:
Following the recommendation of the County Attorney’s Office, Staff is recommending no changes to
the signage section. Temporary market events will utilize the same signage standards as all special
events.
Name: Laura Sloat
Contact Information: (239) 273-2350
Affiliation: Farmers Market Operator – Shoppes at Vanderbilt Farmers Market
Comments provided at DSAC-LDR Subcommittee meeting on February 29, 2016:
• Farmers Markets are very popular and provide jobs for many people in Collier County.
• 52 days for temporary markets is a positive change and will allow vendors to operate and
support their business all year long.
• Event days from one event should not reduce the maximum number of events days for other
events (i.e. event days for promotional events should not impact the event days for market
events)
• Licensing for vendors is important and fall under three different categories for food related
companies: 1) Caterers – licensed through division of professional business management, 2)
Food establishment licensed through the Department of Agriculture and Consumer Services,
and 3) Cottage food operations are not required to obtain a license but must comply with
labelling requirements on foods.
• Small businesses operating only out of farmers markets are being told that they do not need a
business tax receipt because it falls under the temporary use permit. She requested clarification
regarding when business tax receipts are required.
• Feather flags are attractive and would only be on display for the day of the market event and
should be allowed.
• Generally, market organizers provide a map to the zoning department that indicates where the
market is located. She requested clarification on how the standard that limits special events to
25 percent of vehicular use areas would be measured.
Staff notes:
The amendment request narrative has been updated to clarify how event days are calculated, when
licensing is required, when business tax receipts are required, and additional explanation on how
parking area is calculated.
88
Attachment 1
Name: Jeff Page
Contact Information: (239) 537-3145
Affiliation: St. Paul’s Episcopal Church
Comments provided in person on April 19, 2016:
• The Farmer’s Market at St. Paul’s is both an important source of revenue for the church and
also an important outreach event for parishioners.
• Many vendors at St. Paul’s farmer’s market are very small vendors, some are Spanish-speaking
vendors, and some are out-of-state vendors.
• Standards should be available in Spanish.
• Asked whether the farmer’s market manager is responsible for enforcement of the standards
and for ensuring required business licenses or certifications are obtained?
• Asked whether Collier County Code Enforcement will monitor state licenses?
• Consider exempting churches from the temporary market standards.
• Proposed LDC sections 5.04.05 B.2.c-d should be removed or revised to make it clear that it is
the vendor’s responsibility to meet these requirements.
Staff notes:
In an effort to be consistent with the contracts utilized for market events on County property and
Florida Department of Business and Professional Regulation rules, staff has clarified and consolidated
the permitting, licensing, etc. language. Please see Attachment 2 regarding exemptions for churches.
Additional exemptions are noted in the LDC amendment narrative.
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Attachment 2
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Attachment 2
91