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Agenda 12/08/2015 Item #16B 1n 12/8/2015 16. B.1. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (Board) acting as the Collier County Community Redevelopment Agency authorize staff to process an amendment in the 2015 Land Development Code Cycle 2 to amend LDC Section 2.03.07 G.5 Immokalee Main Street Overlay Sub - District that will allow prohibitive uses to become eligible conditional uses within the Immokalee Main Street Overlay Sub - District (MSOSD) boundary to incentivize commercial development. . OBJECTIVE: To obtain Collier County Community Redevelopment Agency (CRA) approval to process a land development code amendment request that will allow prohibitive uses to become eligible conditional uses within the Immokalee Main Street Overlay Sub - District (MSOSD) boundary in the 2015 Land Development Code ( LDC) Cycle 2. CONSIDERATIONS: Pursuant to CRA resolution 2001 -08, each "Local Redevelopment Advisory Board" will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work area and its implementation and any redevelopment projects proposed for the area of operation of the Advisory Board. Staff. believes this request is consistent with, the Immokalee Local Redevelopment Advisory Board's ( ILRAB) duty to review and comment on any redevelopment projects proposed. 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 to incentivize commercial development. On September 30, 2015, CRA's staff filed an "Application for Amendment to the Land Development Code" with the required filing fee. The application was timely filed prior to October 1, 2015, the privately initiated amendment deadline for 2015 LDC Cycle 2. On November 18, 2015, the ILRAB reconsidered their initial LDC amendment application and unanimously voted to instead seek relief from prohibitive uses through the conditional use process rather than alter the MSOSD geographic boundary. FISCAL IMPACT: The $3,000 application fee associated with the application for amendment has been paid by CRA Fund 186. GROWTH MANAGEMENT IMPACT: As part of the LDC review, the LDC amendment will be reviewed for consistency with the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a. majority vote for Board approval —HFAC RECOMMENDATION: That the CRA authorizes Growth Management staff to process the draft LDC amendment request in the 2015 Land Development Code Amendment -Cycle 2 for n additional modifications and public vetting. Packet Page -672- 12/8/2015163.1. Prepared By: Bradley Muckel, Collier County Community Redevelopment Agency (CRA) — Immokalee and Richard Henderlong, Principal Planner, Development Review Division, Growth Management Department Attachment: 1) Draft Land Development Code Amendment Request Packet Page -673- 12/8/2015 163.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.1. Item Summary: Recommendation that the Board of County Commissioners (Board) acting as the Collier County Community Redevelopment Agency authorize staff to process an amendment in the 2015 Land Development Code Cycle 2 to amend LDC Section 2.03.07 G.5 Immokalee Main Street Overlay Sub - District. Meeting Date: 12/8/2015 Prepared By Name: HenderlongRichard Title: Planner, Principal, Development Review 11/9/2015 9:58:20 AM Submitted by Title: Planner, Principal, Development Review Name: HenderlongRichard 11/9/2015 9:58:21 AM Approved By Name: MuckelBradley Title: CRA Operations Manager, Immokalee County Redevelopment Agency Date: 11/9/2015 1:09:04 PM Name: BosiMichael Title: Division Director - Planning and Zoning, Zoning Date: 11/10/2015 1:56:31 PM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 11/10/2015 4:35:24 PM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 11/10/2015 4:37:40 PM Packet Page -674- 12/8/2015 16. B.1. Name: McLeanMatthew Title: Project Manager, Principal, Development Review Date: 11/12/2015 11:04:24 AM Name: FrenchJames Title: Deputy Department Head - GMD, Growth Management Department Date: 11/17/2015 11:25:28 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 11/18/2015 4:30:40 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 11/23/2015 4:59:47 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 11/24/2015 8:46:32 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/24/2015 9:40:22 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 11/24/2015 11:09:00 AM n Packet Page -675- 12/8/2015 16.B.1. Text underlined is new text to be added. Teal stAkethFough us ent teal to be deleted. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Collier County Community Redevelopment Agency (CRA) - Immokalee AUTHOR: Bradley Muckel, Immokalee CRA DIVISION: Immokalee CRA AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2 LDC SECTION(S): 2.03.07 G.5 Immokalee Main Street Overlay Sub - District (MSOSD) CHANGE: To change prohibited commercial uses identified in section 2.03.07 G.5.c of the Collier County Land Development Code (LDC) to conditional uses. All other special provisions (permitted uses, accessory uses, conditional uses and special requirements) identified in said LDC section will remain in effect for all properties within the boundaries of the Immokalee Main Street Overlay Sub - District (IMSOSD). This amendment shall have no effect on LDC section 4.02.32 - Specific Design Standards for the IMSOSD. 1 Packet Page -676- 12/8/2015 16.B.1. Text underlined is new text to be added. TeA st0ketL..n�.. h is ..ent tevt ♦n 1. .J I t .I ^ v V Bold text indicates a defined tern REASON: The IMSOSD was originally codified into the Collier County Land Development Code through the adoption of Ordinance No. 2000 -08. The primary goal of the overlay was to "encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards The IMSOSD 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. In August of 2015 a local business owner from within the IMSOSD came to the monthly CRA Advisory Board meeting to explain that he has a potential buyer interested in purchasing his parcel to demolish the existing liquor store drive -thru in order to develop a gas station/convenience store operation. The buyer would not enter into a purchase agreement until the property is removed from the IMSOSD boundary. In subsequent CRA Advisory Board meetings CRA staff explained that the Advisory Board could either 1) strike through certain prohibited uses for ALL properties within the existing boundaries of the IMSOSD allowing for the gas station to be developed, 2) reduce the size of the MSOSD releasing the contentious parcel from the overlay while preserving the Main Street corridor from First to Ninth Streets as the downtown walking district, 3) relieve all properties outside of the Main Street corridor from First to Ninth Streets from the list of prohibited uses identified in section 2.03.07 G.5.c of the Collier County Land Development Code (LDC) while preserving all special provisions (permitted uses, accessory uses, conditional uses and special requirements) identified in said LDC section for all properties within the boundaries of the IMSOSD, or 4) do nothing at all and let the property owner pursue a legal remedy. During the special Land Development Regulations Public Workshop of October 1, 2015 from 6 -8 PM, a second commercial property owner came forward to request his parcel be removed from the MSOSD boundary so he too could broaden the uses of his commercial structure. Following the workshop a third developer approached CRA staff to notify us that he was also interested in purchasing a parcel of land within the IMSOSD to construct a car dealership, but the LDC prohibits car dealerships within the IMOSD. The yellow highlighted area in the newly proposed map, Exhibit A, releases all three parcels from the MSOSD prohibited uses. Although the methodology behind this overlay is acceptable in bringing to fruition the long -term goal of transforming the entire Downtown Immokalee Central Business District into a walking district, under the direction of the CRA Local Advisory Board, CRA staff filed an initial request to relieve all properties outside of the Main Street corridor from First to Ninth Streets from the list of prohibited uses identified in section 2.03.07 G.5.c of the Collier County Land Development Code (LDC) while preserving all other special provisions (permitted uses, accessory uses, conditional uses and special requirements) identified in said LDC section for all properties within the boundaries of the IMSOSD. It is the intent of the Local CRA Advisory Board to broaden the list of allowable Standard Industrial Classification (SIC) codes to that of the underlying zoning for properties within the highlighted areas of the map shown above and the permitted uses in the MSOSD, thereby bolstering economic development and fostering job creation through the resultant increased commercial occupancy rate for the commercial structures which will no longer be bound by the list of prohibited SIC codes identified in the overlay provisions. 2 Packet Page -677- 12/8/2015 16.B.1. Text underlined is new text to be added. Bold text indicates a defined term At November 18th, 2015 Advisory Board meeting the County's Planning Commissioner Chairman offered an additional alternative to revise the LDC amendment request to allow the list of prohibitive uses to become eligible conditional uses By this provision on a case by case basis the Advisory Board would provide additional public comment to a conceptual site development plan and development standards such as excessive lighting, noise or the lack of adequate landscape buffers during a public hearing. In addition as a conditional use a petitioner would be required to give public due notice to adjoining land owners prior to holding a required public neighbor information meeting. Consequently, the Advisory Board unanimously pproved revising the LDC request for increased commercial development potential by relieving all parcels within the Immokalee Main Street Overlay Subdistrict highli from the list of prohibited uses in LDC section 2 03 07 G.5.c. The revised propose amendment would now allow these uses by conditional use permit and after an applicant favorably demonstrates the development proposal will be in harmony with the LDC, consistent with the GMP, not be injurious to the neighborhood or adjoining properties or otherwise detrimental to the public welfare. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts at this time. An applicant's cost will be at the current fee schedule for conditional use permitting. RELATED CODES OR REGULATIONS: LDC Section 2.03.07 G.5 Main Street; Overlay Sub - district and Section 2.02.03 - Prohibited Uses GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP at this time. OTHER NOTES/VERSION DATE: Prepared by Bradley Muckel, Immokalee Community Redevelopment Agency Amend the LDC as follows: 1 2.03.07 Overlay Zoning Districts 2 3 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District 4 with distinct subdistricts for the purpose of establishing development criteria suitable 5 for the unique land use needs of the Immokalee Community. The boundaries of the 6 Immokalee Urban Overlay District are delineated on the maps below. 7 8 5. Main Street; Overlay Subdistrict Special conditions for the properties 9 identified in the Immokalee Area Master Plan; referenced on Map 7; and 10 further identified by the designation 11MSOSD" on the applicable official Collier 11 County Zoning Atlas Maps. The purpose of this designation is to encourage 12 development and redevelopment by enhancing and beautifying the downtown 13 Main Street area through flexible design and development standards. 14 a. Permitted uses. For all properties within the Main Street Overlay 15 Subdistrict, except for properties hatched as indicated on Map 7, the 16 Main Street Overlay Subdistrict, all permitted uses within the uses 3 Packet Page -678- 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 91 C. 12/8/2015 163.1. Text underlined is new text to be added. Bold text indicates a defined term within the underlying zoning districts contained within this Subdistrict, and the following uses may be permitted as of right in this Subdistrict: 1. Hotel and motels (7011) 2. Communication towers, as defined in section 5.05.09, subject to the following: L Such tower is an essential service use as defined by subsection 2.01.03 A.4; and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this Subdistrict, and the following uses are permitted as of right in this Subdistrict: 1. All uses allowed in the Commercial Professional District (C -1), of this Code, except for group 7521. 2. Communication towers, as defined in section 5.05.09 subject to the following: L Such tower is an essential service use as defined by subsection 2.01.03 A.4; and ii. Such tower may not exceed a height of 75 feet above grade including any antennas attached thereto. Prohibited uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this Subdistrict, , shall be prohibited in the Main Street Overlay Subdistrict a. A.„te-mabile narLine /7571\ nn all nrenerties having frentane_on NU +in Street Alerth F=;Fst Street Seth First Street and Aler+h dui Street within the Main Street Gverlay S„hrdistrint 7 A„tnmetiye dealerr. /5511 5571 5531 inc�tallatien 5551_. -5551- _. , 5571, 5599) en all pFepeFties having fFentage en MR-OR , Al el: th Cire.t Street 9 9„th C, r.st Street and Al girth Q-tli Street ,Arithin the Wain Street Oveltlay Subdi&*Gt. 3_Gase-lmcss ine statieRs /5511\ nn all properties having fre a 9R Main, treeF and gaseline seniine.stetiens (554_1 with sep.4 --s and renaire. ae. rlesnriherl in sentien_6 05.05) are nn all nrnperties having frentane on Alnrth First Street •and Sn„th RPM- Street within the 11Aain Street /'horny Subdistrict 4. Sri"'rrtviai`.°sees such aarras vvrrvenienGe ntnren and nrnnen, Stares are nrehihiterl from c eniininn and repairing „eh inlee in etien ,kith the sale f gaseline en all nrnperties hating frentage en Main Street Werth Cire.t Street South I=iFSt Street ;;Rd h1prth $th Street within the hAain Street QYerlay S„hrlie.triet+ Ca Auternative repair, Irking (7-514, 7515,7521) anr) Gap„,ac.1 /7517\ nn all properties having frentage on Main Street Alnrth Rrsst Street South First Street anrt Alerth_�4 CttFee_- within the Main Street Qyerla„ Subdistrict 6 . Carlin and tele„isien repair shens (7-622 a„temetive) is v nrehihited en all properties having frontage nn Main Street , AIh C'rst Street South First Swept and Alnrth Wh Street within �- trarvtrccr- vwrrr-r�raa -vrree 4 Packet Page -679- /'--N. 12/8/2015 16.B.1. Text underlined is new text to be added. Te..t nt.GLethFaugh in cant te)d to be .Deleted Bold text indicates a defined term 67 68 within any rent, side OF FeaF yaFd en all PF9peR,es nR iR the 69 . 70 8. Drive- thFiaugh aFeas shall .spited en all epehtes- having 7 n to a ,n C +re lerth Cir vtFeet Ce„th First C4r 4 fr�nzag� -eta aNla;T,- QR�et- ,-,rst First and Nel:th Wh R&ree+ }he kAein Cbreet /hardy C„h.dicatrint 73 9. WaFeheuc ing (422 \ r col cl Ivslvu 19 �tcvT 74 1v. tewern , as defined On fined- ieri r G5 of 09 +his 75 Oede, exGept as etheF ire pel:mittedinthis C„hrlistrini 76 41. And ether heavy r.9 ime rni.,l use whinh is nn bile OR RatUFe 77 with the fereeine ustas and is deemed insane•, tent with Vhe 78 in +en+ of thin C„heJin +rin+ shell he erehihi4erl 79 d. Accessory uses. 80 1. Uses and structures that are accessory and incidental to the 81 permitted uses as of right in the underlying zoning districts 82 contained within this subdistrict and are not otherwise prohibited 83 by this subdistrict. 84 2. Communication towers, as defined in section 5.05.09 subject to 85 the following: 86 i. Such tower is an essential service use as defined by 87 subsection 2.01.03 AA.; and 88 ii. Such tower may not exceed a height of 75 feet above 89 grade including any antennas attached thereto. 90 e. Conditional uses. 91 1. Conditional uses of the underlying zoning districts contained 92 within the subdistrict, subject to the standards and procedures 93 established in section 10.08.00 and as set forth below: 94 i. Local and suburban passenger transportation (4131, 95 4173) located upon commercially zoned properties 96 within the Main Street Overlay Subdistrict. 97 ii. Communication towers, as defined in section 5.05.09 of 98 this Code for essential service uses as defined by 99 subsection 2.01.03 A.4 that exceed a height of 75 feet 100 above grade including any antennas attached thereto. 101 4 iii. Automobile parking (7521) on all properties having 102 frontage on Main Street, North First Street, South 103 First Street and North 9th Street within the Main 104 Street Overlay Subdistrict. 105 22-: iv. Automotive dealers (5511, 5521, 5531 installation, 106 5551, 5561, 5571, 5599) on all properties having 107 frontage on Main Street, North First Street, South 108 First Street and North 9th Street within the Main 109 Street Overlay Subdistrict. 110 3-. v. Gasoline service stations (5541) on all properties 111 having frontage on Main Street and gasoline 112 service stations (5541 with services and repairs as 113 described in section - 5.05.05) are on all properties 114 having frontage on North First Street and South 5 Packet Page -680- 12/8/2015 16.B.1. Text underlined is new text to be added. Te.A st0k thFou gh In ent te)d to be deleted Bold text indicates a defined term 115 First Street within the Main Street Overlay 116 Subdistrict. 117 4. A. Primary uses such as convenience stores and 118 grocery stores are prohibited from servicing and 119 repairing vehicles in conjunction with the sale of 120 gasoline, on all properties having frontage on Main 121 Street, North First Street, South First Street and 122 North 9th Street within the Main Street Overlay 123 Subdistrict. 124 a vii. Automotive repair, services, parkinq (7514, 7515, 125 7521) and carwashes (7542) on all properties 126 having frontage on Main Street, North First Street, 127 South First Street and North 9th Street within the 128 Main Street Overlay Subdistrict. 129 6 viii Radio and television repair shops (7622 130 automotive) is prohibited on all properties having 131 frontage on Main Street, North First Street, South 132 First Street and North 9th Street within the Main 133 Street Overlay Subdistrict - 134 7--. ix. Outdoor storage yards and outdoor storage are 135 prohibited within any front, side or rear yard on all 136 properties within the Main Street Overlay 137 Subdistrict. 138 9-. x. Drive - through areas shall be prohibited on all 139 properties having frontage on Main Street, North 140 First Street, South First Street and North 9th Street 141 within the Main Street Overlay Subdistrict. 142 8: xi. Warehousing (4225). 143 40 xii. Communication towers, as defined in section 144 5.05.09 of this Code, except as otherwise permitted 145 in this Subdistrict. 146 44-. xiii.Any other heavy commercial use which is 147 comparable in nature with the forgoing uses and is 148 deemed inconsistent with the intent of this 149 Subdistrict shall be prohibited. 150 151 f. Special requirements for outdoor display and sale of merchandise. 152 i. Outdoor display and sale of merchandise, within the front and 153 side yards on improved properties, are permitted subject to the 154 following provisions: 155 a) The outdoor display /sale of merchandise is limited to the 156 sale of comparable merchandise sold on the premises 157 and is indicated on the proprietors' occupational license. 158 b) The outdoor display /sale of merchandise is permitted on 159 improved commercially zoned properties and is subject 160 to the submission of a site development plan that 161 demonstrates that provisions will be made to adequately 162 address the following: 6 Packet Page -681- .Al-1 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 Reference Only: 12/812015 16.B.1. Text underlined is new text to be added. Te)d st9kethro gh in raumeRt te)d M he deleted Bold text indicates a defined term i) Vehicular and pedestrian traffic safety measures. ii) Location of sale /display of merchandise in relation to parking areas. iii) Fire protection measures. iv) Limited hours of operation from dawn until dusk. Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in conjunction with "Main Street" approved vendor carts, provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: a) Location of sale /display of merchandise in relation to road rights -of -way; b) Vendor carts are located on sidewalks that afford the applicant a five (5) foot clearance for non - obstructed pedestrian traffic; and C) Limited hours of operation from dawn until dusk. 2.02.03 - Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 7 Packet Page -682-