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Agenda 06/23/2015 Item # 9B6/23/2015 9. B. EXECUTIVE SUMMARY Recommendation to consider 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 providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending Chapter 2 — Zoning Districts And Uses, including Section 2.03.09 Open Space Zoning Districts, to add golf maintenance buildings as a new accessory use within the golf course zoning district; Chapter 4 — Site Design and Development Standards, including Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, to establish setback requirements for golf clubhouse and maintenance buildings on waterfront lots and golf course lots in zoning districts other than Rural Agricultural and Estates; Section Three, Conflict and Severability; Section Four, Inclusion in the Collier County Land Development Code; and Section Five, Effective Date. OBJECTIVE: To amend the provisions of the Collier County Land Development Code (LDC) to serve the best interest of the public. CONSIDERATIONS: This amendment proposes to add golf maintenance buildings as an accessory use for the Golf Course zoning district in LDC section 2.03.09 Open Space Zoning Districts and establishes a 50 foot setback for golf clubhouses and maintenance buildings as measured from the external boundaries of a golf course districts. This amendment only applies to conventional zoning districts and will not apply to existing PUDs with specific golf course zoning standards. Please see Attachment 1 for the proposed LDC Amendment. As this amendment seeks to change the list of permitted, conditional, and prohibited uses of land, the amendment is subject to LDC section 10.03.06 K. This section requires that the amendment is considered at two Board hearing dates, with one night time hearing scheduled after 5:00 p.m., unless waived. The Board will hear this LDC amendment on Tuesday, June 23, 2015 at a regularly scheduled hearing and voted on June 9, 2015 to hold the night time hearing on July 7, 2015 at 5:05 pm. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The LDC Ainendment regarding golf maintenance buildings as an accessory use and setbacks for golf club houses and maintenance buildings was reviewed by the Planning Commission at one regularly scheduled hearing on Thursday, May 21, 2015 and at a special night time hearing on Monday, June 8, 2015. The amendment was unanimously approved at the second hearing. FISCAL IMPACT: As noted for each individual amendment. GROWTH MANAGEMENT IMPACT: As noted for each individual amendment. LEGAL CONSIDERATIONS: This item has been approved as to fonn and legality, and requires an affirmative vote of four for Board approval. - -SAS Packet Page -71- 6/23/2015 9. B. RECOMMENDATION: That the Board of County Commissioners approves the proposed ordinance amending the LDC and provide direction to Staff as to any modifications to the proposed text. Prepared By: Caroline Cilek, AICP, CFM, Land Development Code Manager, Development Review Division, Growth Management Department Attachments: 1) LDC Amendment Request for 2.03.09 Open Space Zoning Districts 2) Summary Sheet 3) Legal Ad Packet Page -72- COLLIER COUNTY Board of County Commissioners Item Number: 9.9.13. 6/23/2015 9.B. Item Summary: Recommendation to consider 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 providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending Chapter 2 - Zoning Districts And Uses, including Section 2.03.09 Open Space Zoning Districts, to add golf maintenance buildings as a new accessory use within the golf course zoning district; Chapter 4 - Site Design and Development Standards, including Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, to establish setback requirements for golf clubhouse and maintenance buildings on waterfront lots and golf course lots in zoning districts other than Rural Agricultural and Estates; Section Three, Conflict and Severability; Section Four, Inclusion in the Collier County Land Development Code; and Section Five, Effective Date. Meeting Date: 6/23/2015 Prepared By Name: CilekCaroline Title: Manager - LDC, Growth Management Department 6/12/2015 4:41:56 PM Submitted by Title: Manager - LDC, Growth Management Department Name: CilekCaroline 6/12/2015 4:41:57 PM Approved By Name: Casa] anguidaNick Title: Deputy County Manager, County Managers Office Date: 6/14/2015 1:25:02 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use /Transportation Packet Page -73- Date: 6/15/2015 10:15:11 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/15/2015 10:31:05 AM 6/23/2015 9.B. Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/15/2015 3:37:12 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/16/2015 9:36:41 AM Packet Page -74- 6/23/2015 93. Text underlined is new text to be added. Te)d Str.nctrhroagn is GUFFeRt te)d fn he deleted Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DIVISION: Planning and Zoning AMENDMENT CYCLE: 2015 LDC Amendment Cycle l LDC SECTION(S): 2.03.09 Open Space Zoning Districts 4.02.03 Specific Standards for Location of Accessory Buildings and Structures CHANGE: To introduce a 50 -foot setback requirement for Golf clubhouse and maintenance buildings. Previously, the 50 -foot setback was required for clubhouses and maintenance buildings when located adjacent to residential zoning districts. The amendment proposes to add the same setback requirement for all zoning districts. Additionally, the amendment corrects a minor scrivener error. REASON: Currently, the LDC does not identify an accessory use setback requirement between golf course maintenance buildings and any residential or non - residential property. Further, a recent Planning Commission meeting highlighted the lack of setback requirements for golf courses maintenance buildings. Prior to the re- codification of the LDC in 2004, Section 2.2.1.4.3 of the Golf Course zoning- district contained a 50 -foot setback for those permitted accessory uses adjacent to any residential district. The provision read as follows: "Minimum Yard Requirement. A fifty foot (50') yard setback requirement together with landscaping and buffering pursuant to Section 2.4.7.4, buffer type "b" shall be provided adjacent to any residential district which is contiguous to the area of the golf course upon which is located the clubhouse and all related activities to the clubhouse, and adjacent to all maintenance buildings. The length of the buffer shall be of a sufficient distance to block the view of recreational activities, parking and any activities relative to any other buildings, structures or outside activities from contiguous residences." The same provision was previously adopted by Ordinance 92 -73. When Ordinance 2004 -41 was adopted, the Open Space Zoning District was created to include the Golf Course zoning district but limited the provision of uses to a golf course and nonnal accessory uses including certain uses of a commercial nature. Most recently Ordinance 2008 -11 identified all the pennitted, accessory, and conditional uses in this zoning district, but the setback requirement for structures were not acknowledged. Additionally, a scrivener's error in LDC section 2.03.09 A. I., "RMF -6" district is corrected to read "GC" district. 1 C: \Program Files \Neevia.Com \Document Converter \temp \157334.docx Packet Page -75- 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 6/23/2015 9.B. Text underlined is new text to be added. Te)d strikethrGug L, ' nt te)d te be deleted. GLIFrent Bold text indicates a defined term Staff reviewed seventeen approved site development plans for golf course maintenance building setbacks with abutting residential and non - residential zoned properties. The review found a 50- foot setback would not create any new non - conforming structures. In looking into neighboring counties, Lee County's golf course district sets forth a minimum golf clubhouse rear, front, and side yard setback of 50 feet plus one -half ('/2) the height of the building or structure from abutting residential neighborhoods. DSAC -LDR RECOMMENDATIONS: The subcommittee approved unanimously with reformatting footnotes. DSAC RECOMMENDATIONS: The Development Services Advisory Committee unanimously approved DSAC -LDR Subcommittee's recommendation. PLANNING COMMISSION RECOMMENDATIONS: On May 21, 2015, the Planning Commission unanimously approved the proposed amendment. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Ordinance 92 -73, Ordinance 2004 -41 and 2008- 1 l . Lee County LDC Section l 11/4 -372 Golf Course District. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by: Richard Henderlong, Principal Planner, 4/17/15, 5/22/15 Amend the LDC as follows: 2.03.09 Open Space Zoning Districts A. Golf Course District "GC ". The purpose and intent of "GC" district is to provide lands for golf courses and normal accessory uses to golf courses, including certain uses of a commercial nature. The GC district shall be in accordance with the urban mixed use district and the agricultural rural district of the future land use element of the Collier County GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the RMF= 6 GC district. a. Permitted uses. 1. Golf courses. b. Accessory Uses, 1. Uses and structures that are accessory and incidental to uses permitted as of right in the GC district. 2. Recreational facilities that serve as an integral part of the permitted use, including but not limited to clubhouse, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms. 2 CAProgram Files \Neevia.Com \Document Converter \temp \157334.docx Packet Page -76- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6/23/2015 9. B. 4.02.03 Specific Standards for Location of Accessory Buildings and Structures A. For the purposes of this section, in order to determine yard requirements, the term "accessory structure" shall include detached and attached accessory use structures or buildings notwithstanding the attachment of such structure or building containing the accessory use to the principal use structure or building. Accessory buildings and structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the following setbacks and building separations. * * * * * * * * * * * * * Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and Estates (E) ** 2 Text underlined is new text to be added. t L. Fe nh ' deleted TG)" Setbacks v th is GYFFent teA W be - ` Bold text indicates a defined term 3. Pro shops with equipment sales, no greater than 1,000 square Front feet. 4. Restaurants with a seating capacity of 150 seats or less provided 1. that the hours of operation are no later than 10:00 p.m. 5. A maximum of two residential dwellings units for use by golf SPS course employees in conjunction with the operation of the golf 2. course. 6. Golf maintenance buildings. C. Conditional uses. The following uses are permissible as conditional uses in the GC district, subject to the standards and provisions established in LDC section 10.08.00. 1. Commercial establishments oriented to the permitted uses of the SPS district including gift shops; pro shops with equipment sales in 1/1, excess of 1,000 square feet; restaurants with seating capacity of Swimming pool and /or screen enclosure one- and two-family) greater than 150 seats; cocktail lounges, and similar uses, 10 feet' primarily intended to serve patrons of the golf course. # # # # # # # # # # # # # 4.02.03 Specific Standards for Location of Accessory Buildings and Structures A. For the purposes of this section, in order to determine yard requirements, the term "accessory structure" shall include detached and attached accessory use structures or buildings notwithstanding the attachment of such structure or building containing the accessory use to the principal use structure or building. Accessory buildings and structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the following setbacks and building separations. * * * * * * * * * * * * * Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and Estates (E) ** 2 3 CAProgram Files \Neevia.Com \Document Converter \temp \157334.docx Packet Page -77- Setbacks Front Rear Side Structure to structure If Detached) 1. Parking garage or carport, single-family SPS SPS SPS 10 feet 2. One-story parking structures SPS SPS SPS 10 feet 3. Multistory parking structures SPS SPS SPS 1/1, 4. Swimming pool and /or screen enclosure one- and two-family) SPS 10 feet' SPS N 5. Swimming pool (multi - family and commercial ) SPS 20 feet 15 feet N 6. Tennis courts (private) (one- and two - family) SPS 15 feet SPS 10 feet 7. Tennis courts (multi - family and commercial) SPS 35 feet SPS 20 feet 8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 15 feet 10 feet See subsection 5.03.06 F. 9. Utility buildings SPS SPS 10 feet =0 feet 10. Chickee, barbecue areas SPS 10 SPS I N 3 CAProgram Files \Neevia.Com \Document Converter \temp \157334.docx Packet Page -77- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6/23/2015 9.B. Text underlined is new text to be added. Te)d stFikethre .eti nt te)d re be deleted. Bold text indicates a defined term N = None. N/A = Not applicable. NP = Structure allowed in rear of building only. SPS = Calculated same as principal structure. "* = All accessory structures in Rural Agricultural and Estates zoning districts must meet principal structure setbacks. 11 foot of accessory height = 1 foot of building separation. !In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 320 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. 420 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. s The setback shall apply to external boundaries of the golf course district and shall be inclusive of separately platted buffer tracts. # # # # # # # # # # # # # 4 CAProgram FileslNeevia.Corn0ocument Converter \temp \157334.docx Packet Page -78- feet 11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 feet SPS 12. Attached screen porch SPS 10 feet4 SPS SPS 13. Unlisted accessory SPS SPS SPS 10 feet 14. Docks, decks and mooring pilings N/A N/A 7.5 feet or 15 feet N/A 15. Boat slips and rams (private) N/A N/A 7.5 feet N/A 16. Satellite dish antennas NP 15 feet SPS 10 feet 17. Permanent emergency generators NP 10 feet See Sec. 4.02.01 D.13 N/A 18. Golf clubhouse and maintenance buildings 50 feet 50 feet 50 feet N/A N = None. N/A = Not applicable. NP = Structure allowed in rear of building only. SPS = Calculated same as principal structure. "* = All accessory structures in Rural Agricultural and Estates zoning districts must meet principal structure setbacks. 11 foot of accessory height = 1 foot of building separation. !In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 320 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. 420 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. s The setback shall apply to external boundaries of the golf course district and shall be inclusive of separately platted buffer tracts. # # # # # # # # # # # # # 4 CAProgram FileslNeevia.Corn0ocument Converter \temp \157334.docx Packet Page -78- N O Z; m GJ E E O V O a 'a � L m U O I � � fC G1 -O E L O O Co Gi E L a o V •N J -0 Ln C -J W Q� L T L m E Ln Packet Page -79- 6/23/2015 9.B. 0 a) bA G O N M v z 0 � N � O u m - O O t7' 3 O � E o � n e Q O e N o o H v O cc a o Q a a E '^ o 3 O Ln O O 0 O ' _� O +O J v j ti QC O O a Q c Q u QJ v QJ O H O Q G — O O QJ ° ° u O L Y QJ O L ' y p N N Q 0 y U O 'i CL ti v -9 U O N a O CL O a i 7 H v Ln Packet Page -79- 6/23/2015 9.B. 0 a) bA G O N M v PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE OF INTENT TO CONSIDER ORDINANCES NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, June 23, 2015, in the Board of County Commissioners Meeting Room, 3rd Floor, wilding "F." Collier County Government Center. 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 8:00 A.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY: FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER 2— ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.08 OPEN SPACE ZONING DISTRICTS, TO ADD GOLF MAINTENANCE BUILDINGS AS A NEW ACCESSORY USE WITHIN THE GOLF COURSE ZONING DISTRICT; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, TO ESTABLISH SETBACK REQUIREMENTS FOR GOLF CLUBHOUSE AND MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND GOLF COURSE LOTS IN ZONING DISTRICTS OTHER THAN RURAL AGRICULTURAL AND ESTATES; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE. AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER, ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW FACILITIES WITH FUEL PUMPS WITH B OR MORE FUEL PUMPS AND WITHIN 250 FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL THROUGH A CONDITIONAL USE HEARING; SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION THREE, CONFLICT AND SEVERABILITY SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE. Al: interested parties are invited to ap- pear and be :heard. CopiE s of the pro - poseo amendments are available for I ublic inspection in the Zoning and Land Develooment Review Seciion, Growth Management Department, 2600, N. Home - snoe Dnve, Naples, Florida, between the hours of 8:00 A,M, and 5:00 P.M., Monday through Friday. Furthermore, materials will be made avail- able for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision I made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceed- ing, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Tim Nance, Chairman Dwight E. Brock, Clerk By: Martha Vergara, Deputy Clerk (SEAL) No. 231200660 ____ June 10, 2015 Packet Page -80- 6/23/2015 9.B. a FRO m a ro ut a a c` ,m O 1V O to W