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Agenda 06/26/2018 Item #9CProposed Agenda Changes Board of County Commissioners Meeting June 26, 2018 Item 9C: Recommendation to withdraw Subsection 3, of the proposed LDC amendments, that would establish new standards requiring permanent emergency generators at certain community clubhouses or community center buildings. (Staff’s request) Move Item 16K5 to Item 12A: Recommendation to authorize the County Attorney to retain outside counsel to work with the County Attorney, staff and outside consultants, to negotiate and help draft Developer Contribution Agreements with respect to the Rural Lands West proposed development, and authorize all necessary budget amendments. (Commissioner Taylor and Commissioner Fiala’s separate request) Time Certain Items: Item 9A to be heard at 9:15 a.m. Item 11B and 11C to be heard at 10:40 a.m. 6/26/2018 8:32 AM 06/26/2018 EXECUTIVE SUMMARY Recommendation to approve 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, to require permanent emergency generators at residential developments with a clubhouse or community center and at facilities with fuel pumps and assisted living facilities or nursing homes, and to allow yard encroachments and reduced planting areas for permanent emergency generators at facilities with fuel pumps and assisted living facilities or nursing homes, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifica lly amending the following: Chapter Four - Site Design and Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.05.04 Parking Space Requirements, Section 4.06.05 General Landscaping Requirements; Chapter Five - Supplemental Standards, including Section 5.05.04 Group Housing, Section 5.05.05 Facilities with Fuel Pumps, adding new Section 5.05.17 Residential Developments with Clubhouses or Community Center Buildings; Chapter Ten - Application, Review, and Decision-Making Procedures, including Section 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof; Section Four, Conflict and Severability; Section Five, inclusion in the Collier County Land Development Code; and Section Six, effective date. OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s analysis and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and to render a decision regarding the petition. CONSIDERATIONS: There are four “Post Hurricane Irma” Land Development Code (LDC) amendments. These are result of the Board’s Work Session held on November 7, 2017. At the Work Session, County staff presented several regulatory responses to address the After-Action Findings of the County’s Hurricane Irma response. The following Regulatory Actions were implemented by the proposed LDC amendments: Regulatory Action #1: Suggested to draft an ordinance that expands the on-site generator capabilities for licensed health care facilities. Regulatory Action #2: Suggested establishing a local ordinance to help address evacuation shelter deficits. Regulatory Action #3: Suggested strengthening the emergency generator requirements for commercial gas stations located near the interstate highway and multi -pump stations located further inland. The four Post Hurricane Irma amendments are described as follows: 1. Group Housing (LDC section 5.05.04) - This amendment establishes new requirements for nursing homes and assisted living facilities (ALFs), as defined by Chapters 400 and 429 F.S., respectively, to require Emergency Environmental Control Plans (EECP), which provides for the installation of permanent emergency generators (see Attachment B - Group Housing). 2. Residential Developments with Clubhouses or Community Center Buildings (New LDC section 5.05.17) - This amendment establishes new standards for clubhouses or community center buildings in residential developments, to aid in the County’s emergency response and recovery after an emergency event, such as a tropical storm or a hurricane (see Attachment C - Clubhouses and Community Center Buildings). 9.C Packet Pg. 62 06/26/2018 3. Facilities with Fuel Pumps (LDC section 5.05.05) - This amendment clarifies the requirement to install a generator transfer switch at facilities with fuel pumps and introduces the requirement to install a permanent emergency generator (see Attachment D - Facilities with Fuel Pumps). 4. Exemptions from Certain Design Standards for Permanent Emergency Generators (LDC sections 4.02.01, 4.05.04, 4.06.05, and 10.02.03) - This amendment creates new exemptions from certain design standards for existing facilities with fuel pumps, ALFs, and nursing home s that install permanent emergency generators and related fuel storage for an emergency event (see Attachment E - Exemptions). The Collier County Fire and EMS Chiefs’ Association endorses the proposed changes to #1, #3, and #4 above (see Attachment F - Letter of Support). PUBLIC UTILITIES RESILIENCY: These LDC amendments are companion to other resiliency initiatives resulting from the Board’s May 8, 2018 meeting. Agenda Item 11A, “Recommendation to accept an update to the After-Action Report provided during the Board’s November 7, 2017 Workshop regarding the effects of Hurricane Irma,” the Public Utilities Department (PUD) expressed its plans to update the Collier County Utilities Standards and Procedures Ordinance (“Ordinance”) and the Utilities Standards Manual (“Manual”) to ensure greater resiliency in construction, and to impose maintenance standards upon private pump stations. PUD has two separate agenda items requesting the County Attorney's Office to advertise an ordinance and resolution to implement its resiliency changes. DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: The DSAC meeting was held on May 2, 2018. The official recommendation for each amendment was as follows: 1. Group Housing - The DSAC unanimously recommended approval of this amendment with no changes. 2. Residential Developments with Clubhouses or Community Center Buildings - The DSAC recommended denial of this LDC amendment. However, the DSAC indicated they may be amenable to a more limited amendment that requires a generator transfer switch to establish back up connectivity. 3. Facilities with Fuel Pumps - Prior to a recommendation being made, the DSAC requested additional information regarding the evacuation routes referenced in the amendment. The DSAC also suggested updating the applicability for this amendment to apply only to larger facilities with fuel pumps (i.e. more than 8 fueling stations). The amendment returned to DSAC on June 6, 2018. After additional information was presented, a motion to approve with conditions was made and seconded; however, the motion failed due to a lack of majority in the affirmative. 4. Exemptions from Certain Design Standards for Permanent Emergency Generators - The DSAC unanimously recommended approval of this amendment with no changes. CCPC RECOMMENDATION: The CCPC heard the amendments on May 17, 2018. The CCPC voted on the four amendments as follows: 1. Group Housing - The CCPC recommended approval because of a perceived urgency to get this amendment approved. However, the CCPC recommended that it be fixed in the future by moving the language that does not involve land development into the Code of Laws and Ordinances rather than in the LDC. Earlier in the meeting, a request was made, of which staff agreed, regarding t he written statement of onsite attestation, that it may also be in electronic form (e.g. digital report) as opposed to being kept onsite via paper copy only. 9.C Packet Pg. 63 06/26/2018 2. Residential Developments with Clubhouses or Community Center Buildings - The CCPC voted not to adopt the proposed regulations, to allow for more time to vet the proposed language through the stakeholders and HOA groups and to bring it back if the Board so desires. When vetting through stakeholders and HOA groups, if there is any significant level of concern regarding the expenses that the redraft would come back with an opt-out provision that requires all constituents/members be informed that the association is opting out and their level of protection may be less than an organization that did not opt out. The CCPC recommended that staff contact a sample of general managers of communities that have private clubs and solicit their feedback on the proposed provisions. On May 23, 2018, Staff followed up on the CCPC’s recommendation by sending emails to those on the distribution list. Staff has received feedback from six individuals expressing concern regarding this amendment. Any public comments received in response are attached. 3. Facilities with Fuel Pumps - The CCPC recommended approval of this amendment. 4. Exemptions from Certain Design Standards for Permanent Emergency Generators - The CCPC recommended approval of this amendment. FISCAL IMPACT: The fiscal impacts associated with the four LDC amendments are as follows: 1. Group Housing - In the “Statement of Estimated Regulatory Costs” of the summary bill analysis for Senate Bill 7028, prepared by the Department of Elder Affairs, a one-time estimated average ALF facility cost to comply was assumed at $19,033 for 6 beds or less; $68,637 for 7 to 49 beds; $106,721 for 50 to 100 beds and for more than 100 beds, $439,000. In the “Statement of Estimated Regulatory Costs” prepared by the Agency for Health Care Administration, a one-time estimated average nursing home cost to comply was assumed at $2,627 per bed. The one-time estimates included in the bill analyses did not include reoccurring operational and maintenance costs. This amendment will result in additional costs to comply with the proposed supplementary requirements for EECPs, including but not limited to backup power connectivity and third-party testing. 2. Residential Developments with Clubhouses or Community Center Buildings - This amendment will result in additional costs to residential developments that install an emergency generator. There are no anticipated fiscal or operational impacts to the County associated with this amendment. 3. Facilities with Fuel Pumps - This amendment will result in additional costs to comply with those requirements that differ from existing State requirements. The land area necessary to accommodate the required generator and associated equipment may cause the site to become non-conforming with other LDC standards, such as off-street parking, required setbacks, landscaping, etc., which may cause further complications when transferring ownership of real property. Also, if adopted, a facility with fuel pumps may experience unanticipated costs when contemplating future expansions or renovations when discovering that a non-conformity exists because the site lacks the required generator. 4. Exemptions from Certain Design Standards for Permanent Emergency Generators - There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT IMPACT: The growth management impacts associated with these amendments are as follows: 1. Group Housing - This LDC amendment supports Goal 12 of the Conservation and Coastal Management Element of the GMP which requires the County, “to make every reasonable effort to ensure the public safety, health and welfare of people and property from the effects of hurricane storm damage.” 9.C Packet Pg. 64 06/26/2018 It is consistent with Policy 12.1.14, which states: All new nursing homes and assisted living facilities that are licensed shall have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that are required for new public schools and public community colleges and universities (“State Requirements for Educational Facilities,” 2014). Additionally, this area shall be capable of ventilation of air conditioning provided by back-up generator for a period of no less than seventy-two (72) hours. 2. Residential Developments with Clubhouses or Community Center Buildings - This amendment supports Goal 12 of the Conservation and Coastal Management Element of the GMP, “to make every reasonable effort to ensure the public safety, health and welfare of people and property form the effects of hurricane storm damage.” 3. Facilities with Fuel Pumps - This amendment supports Goal 12 of the Conservation and Coastal Management Element of the GMP which requires the County, “to make every reasonable effort to ensure the public safety, health and welfare of people and property from the effects of hurricane storm damage.” 4. Exemptions from Certain Design Standards for Permanent Emergency Generators - There are no anticipated Growth Management Plan impacts associated with this amendment. LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for Board Approval. - HFAC RECOMMENDATION: Staff recommends that the Board approves the attached ordinance. Prepared By: Eric Johnson, AICP, CFM, LEED Green Associate, Principal Planner, Zoning Division ATTACHMENT(S) 1. Attachment A - Proposed Ordinance (PDF) 2. Attachment B - Group Housing (PDF) 3. Attachment C - Clubhhouses and Community Centers (PDF) 4. Attachment D - Facilities with Fuel Pumps (PDF) 5. Attachment E - Exemptions to Development Standards (PDF) 6. Attachment F - Letter of Support (PDF) 7. Legal Ad - Agenda ID 5722 (PDF) 9.C Packet Pg. 65 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 9.C Doc ID: 5722 Item Summary: Recommendation to approve 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, to require permanent emergency generators at residential developments with a clubhouse or community center and at facilities with fuel pumps and assisted living facilities or nursing homes, and to allow yard encroachments and reduced planting areas for permanent emergency generators at facilities with fuel pumps and assisted living facilities or nursing homes, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Four - Site Design and Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.05.04 Parking Space Requirements, Section 4.06.05 General Landscaping Requirements; Chapter Five - Supplemental Standards, including Section 5.05.04 Group Housing, Section 5.05.05 Facilities with Fuel Pumps, adding new Section 5.05.17 Residential Developments with Clubhouses or Community Center Buildings; Chapter Ten - Application, Review, and Decision-Making Procedures, including Section 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof; Section Four, Conflict and Severability; Section Five, inclusion in the Collier County Land Development Code; and Section Six, effective date. Meeting Date: 06/26/2018 Prepared by: Title: Planner, Principal – Zoning Name: Eric Johnson 05/21/2018 4:03 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 05/21/2018 4:03 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 05/22/2018 4:36 PM Zoning Michael Bosi Additional Reviewer Completed 05/24/2018 4:17 PM Zoning Jeremy Frantz Additional Reviewer Completed 05/29/2018 11:46 AM Growth Management Department James French Deputy Department Head Review Completed 05/29/2018 4:04 PM Growth Management Department Jeanne Marcella Department Head Review Completed 06/08/2018 4:18 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/08/2018 4:40 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2018 7:29 AM 9.C Packet Pg. 66 06/26/2018 Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/12/2018 5:04 PM Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/14/2018 11:19 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/15/2018 4:30 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM 9.C Packet Pg. 67 DRAFT 6/5/18 Page 1 of 13 Words struck through are deleted, words underlined are added ORDINANCE NO. 18 – ___ 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, TO REQUIRE PERMANENT EMERGENCY GENERATORS AT RESIDENTIAL DEVELOPMENTS WITH A CLUBHOUSE OR COMMUNITY CENTER AND AT FACILITIES WITH FUEL PUMPS AND ASSISTED LIVING FACILITIES OR NURSING HOMES, AND TO ALLOW YARD ENCROACHMENTS AND REDUCED PLANTING AREAS FOR PERMANENT EMERGENCY GENERATORS AT FACILITIES WITH FUEL PUMPS AND ASSISTED LIVING FACILITIES OR NURSING HOMES, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS; CHAPTER FIVE – SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.04 GROUP HOUSING, SECTION 5.05.05 FACILITIES WITH FUEL PUMPS, ADDING NEW SECTION 5.05.17 RESIDENTIAL DEVELOPMENTS WITH CLUBHOUSES OR COMMUNITY CENTER BUILDINGS; CHAPTER TEN – APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.03 REQUIREMENTS FOR SITE DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS THEREOF; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and 9.C.1 Packet Pg. 68 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 2 of 13 Words struck through are deleted, words underlined are added WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold advertised public hearings on May 3, 2018 and May 17, 2018, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on June 26, 2018, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 9.C.1 Packet Pg. 69 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 3 of 13 Words struck through are deleted, words underlined are added 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9.C.1 Packet Pg. 70 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 4 of 13 Words struck through are deleted, words underlined are added 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * * D. Exemptions and exclusions from design standards. 9.C.1 Packet Pg. 71 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 5 of 13 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * 13. Permanent emergency generators may be placed within the rear yard with a 10- foot rear yard setback. Permanent emergency generators may encroach into side yards up to 36 inches. Generators are not permitted to encroach into required front yards. Above-ground fuel tanks for the generators are subject to the same setbacks; however, underground tanks are not subject to setback requirements. In order to reduce noise during required routine exercising of the generators, this exercising is restricted to operating the generator for no more than 30 minutes weekly during the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level limits for Manufacturing and Industrial uses as set forth in Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency generators must be equipped with sound attenuating housing to reduce noise. a. Facilities with fuel pumps. Permanent emergency generators and related fuel storage installed at existing facilities with fuel pumps may encroach into any required side or rear yards, provided the encroachment does not create a hazard to pedestrian or vehicular traffic. b. Assisted living facilities and nursing homes. Permanent emergency generators and related fuel storage installed at existing assisted living facilities or nursing homes that are subject to LDC section 5.05.04 E. may encroach into any required side or rear yards or buffers, provided the encroachment does not create a hazard to pedestrian or vehicular traffic. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 4.05.04 PARKING SPACE REQUIREMENTS Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.05.04 Parking Space Requirements * * * * * * * * * * * * * F. Minimum requirement. 1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or other business shall be provided with at least one (1) off-street parking space, unless specific provision is made to the contrary. 9.C.1 Packet Pg. 72 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 6 of 13 Words struck through are deleted, words underlined are added 2. Existing facilities with fuel pumps that meet the off-street parking requirements of LDC section 4.05.04 G. may remove one required off-street parking space to accommodate the installation of a permanent emergency generator and related fuel storage and screening. 3. Existing assisted living facilities or nursing homes that are subject to LDC section 5.05.04 E. and that meet the required off-street parking requirements of LDC section 4.05.04 G., may remove up to 10 off-street parking spaces to accommodate the installation of a permanent emergency generator and related fuel storage and screening. 2 4. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.05 General Landscaping Requirements * * * * * * * * * * * * * C. Building foundation plantings. All commercial buildings, residential buildings with 3 or more units, and retail and office uses in industrial buildings shall provide building foundation plantings in the amount set forth in table 4.06.05.C. and illustration 4.06.05.C. These planting areas shall be located adjacent to building entrance(s), primary façades, and/or along façades facing a street. For projects subject to architectural design standards, see LDC sections 5.05.08 E.—F. for related provisions. * * * * * * * * * * * * * 9.C.1 Packet Pg. 73 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 7 of 13 Words struck through are deleted, words underlined are added 10. Existing facilities with fuel pumps may reduce the required building foundation planting area to accommodate the installation of a permanent emergency generator and related fuel storage and screening. The reduction in building foundation planting area shall be less than or equal to the total area that is required to accommodate the generator and related fuel storage and screening. 11. Existing assisted living facilities or nursing homes subject to LDC section 5.05.04 E. may reduce the required building foundation planting area to accommodate the installation of a permanent emergency generator and related fuel storage and screening. The reduction in building foundation planting area shall be less than or equal to the square feet required to accommodate the generator and related fuel storage and screening. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 5.05.04 GROUP HOUSING Section 5.05.04 Group Housing, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.04 Group Housing * * * * * * * * * * * * * E. Emergency Environmental Control Plans. In accordance with Rules 58A-5.036 and 59A- 4.1265, F.A.C., as amended, Emergency Environmental Control Plans for assisted living facilities and nursing homes, as defined by §§ 400 and 429 F.S., shall be submitted as a supplement to its Comprehensive Emergency Management Plan, to the Bureau of Emergency Services - Emergency Management Division. 1. The Emergency Environmental Control Plans shall include the following information, in addition to the requirements identified in Rules 58A-5.036 and 59A-4.1265, F.A.C., as amended: a. Primary evacuation locations, either within or outside the county, and a secondary location outside of the county. b. Finished floor elevation of the first and second floors of all structures. c. Permanent emergency generator or alternate power sources. Assisted living facilities or nursing homes, as defined by §§ 400 and 429 F.S., shall install permanent emergency generators or an alternate power source to ensure ambient air temperatures will be maintained at or below 81 9.C.1 Packet Pg. 74 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 8 of 13 Words struck through are deleted, words underlined are added degrees Fahrenheit for a minimum of 96 hours in the event of the loss of primary electrical power. i. If a permanent emergency generator is used the following shall be required: a) Permanent emergency generator specifications. i) Permanent emergency generators and the associated fuel supply shall be sized to ensure compliance with §§ 58A-5.036 F.A.C., as amended, for assisted living facilities and 59A-4.1265 F.A.C., as amended, for nursing homes. ii) Permanent emergency generators shall be installed, tested and maintained in accordance with NFPA 99 Health Care Facilities Code, and NFPA 110, Standard for Emergency and Standby Power Systems. b) Regular testing and inspections required. Permanent emergency generators shall be tested under load as required by §§ 58A-5.036 F.A.C., as amended, for assisted living facilities and 59A-4.1265 F.A.C., as amended, for nursing homes, and by manufacturer’s specifications, and be inspected a minimum of once per year. Each facility shall keep a written statement on site attesting to the regular maintenance, third-party testing and inspection of the generator and fuel system by a service organization authorized by the manufacturer. ii. Submittal Requirements. a) Manufacturer’s specifications of the permanent emergency generator. b) Calculations demonstrating adequacy of fuel supply to comply with §§ 58A-5.036 F.A.C., as amended, for assisted living facilities and 59A-4.1265 F.A.C., as amended, for nursing homes. d. Backup connectivity. A power transfer switch or automatic transfer switch shall be installed to accommodate a secondary or back-up generator 9.C.1 Packet Pg. 75 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 9 of 13 Words struck through are deleted, words underlined are added connection point in the event of failure for the permanent emergency generator or alternate power source. 2. Emergency Environmental Control Plans shall be reviewed and approved by the Bureau of Emergency Services - Emergency Management Division. 3. The Plan shall be resubmitted to the County annually from the date of original submittal, or at the time of a change of ownership of the facility, or after a modification to a previously approved Plan. 4. Notification of Plan submittal shall be in accordance with Rules 58A-5.036 and 59A-4.1265, F.A.C., as amended. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 5.05.05 FACILITIES WITH FUEL PUMPS Section 5.05.05 Facilities with Fuel Pumps, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.05 Facilities with Fuel Pumps * * * * * * * * * * * * * H. No facility with fuel pumps shall have an entrance or exit for vehicles within 200 feet along the same side of a street as a school, public playground, child care center, church, hospital, public library, or any institution for dependents or for children, except where such property is in another block. I. Permanent emergency generators. 1. Purpose and intent. The following provisions are intended to protect the public health, safety, and welfare through improved evacuation capability and commercial fuel availability during a state of emergency. 2. Generator Connection. Each facility with fuel pumps that does not meet the criteria in subsection 3 below, shall provide the necessary infrastructure and pre-wiring in order to provide the capabilities for generator service to the following in case of emergencies: all fuel pumps, dispensing equipment, life- safety systems, and payment-acceptance equipment. 3. Permanent emergency generator. Facilities with fuel pumps shall install a permanent emergency generator capable of operating all fuel pumps, 9.C.1 Packet Pg. 76 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 10 of 13 Words struck through are deleted, words underlined are added dispensing equipment, life-safety systems, and payment-acceptance equipment for use in case of emergencies under the following circumstances: a. Newly constructed, b. Located within one-half mile to an interstate highway or state or federally designated evacuation route, or c. Additions or substantial renovations exceeding 50 percent of the assessed value of the existing facility with fuel pump, including land and improvements. 4. Permanent emergency generators and transfer switches must be tested under load and according to manufacturer’s specifications. Each facility with fuel pumps must keep a written statement on site attesting to the periodic testing of the equipment. 5. The following are exempt from LDC section 5.05.05 I: a. Automotive vehicle dealers (SIC Code 5511); b. Establishments operating a fleet of motor vehicles; c. Establishments which sell motor fuel exclusively to a fleet of motor vehicles; or d. Establishments that have a written agreement with a public hospital in a form approved by the Florida Division of Emergency Management, wherein the public hospital agrees to provide the establishment with an alternative means of power generation on-site so that the establishment’s fuel pumps may be operated in the event of a power outage. J. In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated: * * * * * * * * * * * * * SUBSECTION 3.___. ADDING NEW SECTION 5.05.17 RESIDENTIAL DEVELOPMENTS WITH CLUBHOUSES OR COMMUNITY CENTER BUILDINGS Section 5.05.17 Residential Developments with Clubhouses or Community Center Buildings, is hereby added to Ordinance 04-41, as amended, the Collier County Land Development Code, to read as follows: 5.05.17 Residential Developments with Clubhouses or Community Center Buildings 9.C.1 Packet Pg. 77 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 11 of 13 Words struck through are deleted, words underlined are added A. Purpose and intent. The purpose of this section is to protect the public health, safety and welfare and aid in the implementation of the County’s emergency response and recovery activities at the community level by requiring permanent emergency generators at community clubhouses or community center buildings. The requirements are also intended to improve communication to residents before, during, and after emergency events. B. Applicability. Permanent emergency generators shall be required at clubhouses or community center buildings in any of the following circumstances: 1. A newly constructed building with a floor area of 10,000 square feet or greater; or 2. An existing building with a floor area of 10,000 square feet or greater undergoes an addition or renovation that exceeds 50 percent of the assessed value of the existing building; or 3. An existing building with a floor area less than 10,000 square feet undergoes an addition or renovation that exceeds 50 percent of the assessed value of the existing building and results in the building having a floor area of 10,000 square feet or greater. C. Exemption. Residential developments with more than one clubhouse or community center building with a floor area of 10,000 square feet or greater are only required to install one permanent emergency generator at one of the clubhouses or community center buildings. Any additional clubhouses or community center buildings are exempt from the requirements for permanent emergency generators under this section. D. Standards. 1. Generator Capacity. Permanent emergency generators shall at a minimum provide service for the following: a. Essential electrical systems within the building, including but not limited to exit lighting, emergency lighting, elevators, fire alarm systems, bathroom exhaust fans, bathroom hot water heaters, and water and sewer lift stations. b. Lighting for a minimum of 30 percent of the building’s floor area, including but not limited to the main meeting or gathering areas, hallways, and bathrooms. c. Air-conditioning for a minimum of 30 percent of the building’s floor area, including the largest meeting or gathering area. 2. Fuel Capacity. There shall be sufficient fuel to operate the generator for a minimum of 72 hours at the full load capacity. 9.C.1 Packet Pg. 78 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 12 of 13 Words struck through are deleted, words underlined are added 3. Setbacks. Permanent emergency generators shall comply with the dimensional standards in LDC section 4.02.03. E. Coordination with Emergency Management. At the time of generator installation, residential communities shall coordinate with the Bureau of Emergency Services - Emergency Management Division to consider allowing the County to use their private clubhouses or community center buildings for post-emergency response activities. * * * * * * * * * * * * * SUBSECTION 3.___. AMENDMENTS TO SECTION 10.02.03 REQUIREMENTS FOR SITE DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS THEREOF Section 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments Thereof * * * * * * * * * * * * * D. Site Development Plan Requirements (SDP). A pre-application meeting shall be conducted by the County Manager or designee prior to the submission of any site development plan for review. This meeting may be waived by the County Manager or designee upon the request of the applicant. 1. Application. The Administrative Code shall establish the process and submittal requirements for a site development plan. A site development plan application shall include, but not be limited to, the following information in order to illustrate compliance with LDC standards and other State, Federal, and local agency requirements. a. Zoning designation of the subject and adjacent properties. b. Site plan with existing and proposed buildings and structures, including equipment, permanent emergency generators and related fuel storage and screening, dimensions, heights, setbacks, and separations. Parking, open space, preserves, and other applicable land uses shall be identified on the site plan. c. Architectural plans. * * * * * * * * * * * * * 9.C.1 Packet Pg. 79 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) DRAFT 6/5/18 Page 13 of 13 Words struck through are deleted, words underlined are added SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of ______, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:_____________________________ , Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: __________________________ Scott A. Stone Assistant County Attorney 04-CMD-01077/____ (6/5/18) 9.C.1 Packet Pg. 80 Attachment: Attachment A - Proposed Ordinance (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Group Housing 5.05.04 (05-22-2018) (for BCC 06-26-2018).docx Land Development Code Amendment Request ORIGIN: Hurricane Irma After-Action Report to the Board of County Commissioners AUTHOR: Zoning Division Staff LDC SECTION: 5.05.04 Group Housing SUMMARY: This amendment establishes new requirements for nursing homes and assisted living facilities (ALFs), as defined by Chapters 400 and 429 F.S., respectively, to require Emergency Environmental Control Plans (EECP) and installation of permanent emergency generators. DESCRIPTION: In September of 2017, Governor Rick Scott issued Emergency Rules after Hurricane Irma caused an extended power outage to a Broward County nursing home, resulting in heat-related deaths to several of its residents. After the close of the 2018 legislative session, Senate Bill 7028 ratified Rule 58A-5.036, F.A.C. entitled “Emergency Environmental Control for Assisted Living Facilities,” which is implemented by the Department of Elder Affairs (DOEA). Additionally, HB 7099 ratified Rule 59A.-4.1265 entitled “Emergency Environmental Control for Nursing Homes,” and it is implemented by the Agency for Health Care Administration (ACHA). These agency rules require nursing homes and ALFs to acquire alternative power sources, such as a generator, that ensure sufficient cooling temperatures are maintained at 81 degrees Fahrenheit or cooler, during extended power outages for at least 96 hours to all the facility’s residents. At the Board of County Commissioners Work Session on November 7, 2017, Staff presented several regulatory responses to the After-Action Findings regarding the County’s Hurricane Irma Response. Regulatory Action #1 suggested drafting an ordinance that expands on-site generator capabilities to address cooling, extended generator fuel run times, and comprehensive generator testing for licensed health care facilities. This amendment proposes to incorporate the requirement to submit an EECP annually to the County in accordance with Rules 58A-5.036 and 59A.-4.1265 F.A.C., and to support the implementation of the state requirement. The amendment shall apply to nursing homes and ALFs and, as defined by Chapters 400 and 429 F.S., respectively. Furthermore, the amendment proposes to add the following additional standards to the State’s requirement and assist staff’s review to EECPs: • Identification of the County’s primary and secondary evacuation locations. • Identification of the finished floor elevation for the first and second floors of all nursing homes and ALFs. • Installation of permanent emergency generators. While the DOEA and ACHA requirements call for alternate power sources, this amendment requires the power source to be a permanent emergency generator. The following are required for permanent emergency generators in all nursing homes and ALFs: 9.C.2 Packet Pg. 81 Attachment: Attachment B - Group Housing (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Group Housing 5.05.04 (05-22-2018) (for BCC 06-26-2018).docx o Capability of keeping the ambient air temperature at or below 81 degrees Fahrenheit for a minimum of 96 hours in the event of the loss of primary electrical power. o Sufficient fuel supply to ensure compliance with Rules 58A-5.036 F.A.C., and 59A-4.1265 F.A.C., as amended. o Installation, testing, and maintenance shall be in accordance with National Fire Prevention Association (NFPA) 99, Health Care Facilities Code and NFPA 110, Standard for Emergency and Standby Power Systems. • Installation of backup power connectivity to accommodate a secondary back-up generator, in the event of permanent emergency generator failure. • Submittal of the manufacturer’s specifications of the generator and calculations demonstrating the fuel supply needed shall comply with DOEA and ACHA rules. • Annual third-party testing and inspection of the permanent emergency generator, under load, by manufacturer’s specifications. Both rules 58A-5.036 and 59A.-4.1265 F.A.C. are provided as a reference in Attachment A of this amendment. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee reviewed the amendment on April 18, 2018. Lacking a quorum, the Subcommittee member present, as well as a regular member of the DSAC, made several suggestions and observations for further review at the regular DSAC meeting. DSAC RECOMMENDATION: The DSAC unanimously recommended approval of this amendment on May 2, 2018, with no changes. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this amendment on May 17, 2018, and recommended approval because of a perceived urgency to get this amendment approved. However, the CCPC recommended that it be fixed in the future by moving the language that does not involve land development into the Code of Laws and Ordinances rather than in the LDC. Earlier in the meeting, a request was made, of which staff agreed, regarding the written statement of onsite attestation, that it may also be in electronic form (e.g. digital report) as opposed to being kept onsite via paper copy only. FISCAL & OPERATIONAL IMPACTS: In the “Statement of Estimated Regulatory Costs” of the summary bill analysis for Senate Bill 7028, prepared by DOEA, a one-time estimated average ALF facility cost to comply was assumed at $19,033 for 6 beds or less; $68,637 for 7 to 49 beds; $106,721 for 50 to 100 beds and for more than 100 beds, $439,000. In the “Statement of Estimated Regulatory Costs” prepared by AHCA, a one-time estimated average nursing home cost to comply 9.C.2 Packet Pg. 82 Attachment: Attachment B - Group Housing (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Group Housing 5.05.04 (05-22-2018) (for BCC 06-26-2018).docx was assumed at $2,627 per bed. The one-time estimates included in the bill analyses did not include reoccurring operational and maintenance costs. This amendment will result in additional costs to comply with the proposed supplementary requirements for EECPs, including but not limited to backup power connectivity and third-party testing. GROWTH MANAGEMENT PLAN IMPACT: This LDC amendment supports Goal 12 of the Conservation and Coastal Management Element of the GMP which requires the County, “to make every reasonable effort to ensure the public safety, health and welfare of people and property from the effects of hurricane storm damage.” It is consistent with Policy 12.1.14, which states: All new nursing homes and assisted living facilities that are licensed shall have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that are required for new public schools and public community colleges and universities (“State Requirements for Educational Facilities,” 2014). Additionally, this area shall be capable of ventilation of air conditioning provided by back-up generator for a period of no less than seventy-two (72) hours. Amend the LDC as follows: 1 5.05.04 – Group Housing 2 * * * * * * * * * * * * * 3 E. Emergency Environmental Control Plans. In accordance with Rules 58A-5.036 and 59A-4 4.1265, F.A.C., as amended, Emergency Environmental Control Plans for assisted living 5 facilities and nursing homes, as defined by §§ 400 and 429 F.S., shall be submitted as a 6 supplement to its Comprehensive Emergency Management Plan, to the Bureau of 7 Emergency Services-Emergency Management Division. 8 1. The Emergency Environmental Control Plans shall include the following 9 information, in addition to the requirements identified in Rules 58A-5.036 and 59A-10 4.1265, F.A.C., as amended: 11 a. Primary evacuation locations, either within or outside the County, and a 12 secondary location outside of the county. 13 b. Finished floor elevation of the first and second floors of all structures. 14 c. Permanent emergency generator or alternate power sources. Assisted 15 living facilities or nursing homes, as defined by §§ 400 and 429 F.S., shall 16 install permanent emergency generators or an alternate power source to 17 ensure ambient air temperatures will be maintained at or below 81 degrees 18 Fahrenheit for a minimum of 96 hours in the event of the loss of primary 19 electrical power. 20 i. If a permanent emergency generator is used the following shall be 21 required: 22 a) Permanent emergency generator specifications. 23 i) Permanent emergency generators and the 24 associated fuel supply shall be sized to ensure 25 compliance with §§ 58A-5.036 F.A.C., as amended, 26 for assisted living facilities and 59A-4.1265 F.A.C., 27 as amended, for nursing homes. 28 9.C.2 Packet Pg. 83 Attachment: Attachment B - Group Housing (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Group Housing 5.05.04 (05-22-2018) (for BCC 06-26-2018).docx ii) Permanent emergency generators shall be installed, 1 tested and maintained in accordance with NFPA 99 2 Health Care Facilities Code, and NFPA 110, 3 Standard for Emergency and Standby Power 4 Systems. 5 b) Regular testing and inspections required. Permanent 6 emergency generators shall be tested under load as 7 required by §§ 58A-5.036 F.A.C., as amended, for assisted 8 living facilities and 59A-4.1265 F.A.C., as amended, for 9 nursing homes, and by manufacturer’s specifications, and 10 be inspected a minimum of once per year. Each facility shall 11 keep a written statement on site attesting to the regular 12 maintenance, third-party testing and inspection of the 13 generator and fuel system by a service organization 14 authorized by the manufacturer. 15 ii. Submittal Requirements. 16 a) Manufacturer’s specifications of the permanent emergency 17 generator. 18 b) Calculations demonstrating adequacy of fuel supply to 19 comply with §§ 58A-5.036 F.A.C., as amended, for assisted 20 living facilities and 59A-4.1265 F.A.C., as amended, for 21 nursing homes. 22 d. Backup connectivity. A power transfer switch or automatic transfer switch 23 shall be installed to accommodate a secondary or back -up generator 24 connection point in the event of failure for the permanent emergency 25 generator or alternate power source. 26 2. Emergency Environmental Control Plans shall be reviewed and approved by the 27 Bureau of Emergency Services-Emergency Management Division. 28 3. The Plan shall be resubmitted to the County annually from the date of original 29 submittal, or at the time of a change of ownership of the facility, or after a 30 modification to a previously approved Plan. 31 4. Notification of Plan submittal shall be in accordance with Rules 58A-5.036 and 32 59A-4.1265, F.A.C., as amended. 33 # # # # # # # # # # # # # 34 9.C.2 Packet Pg. 84 Attachment: Attachment B - Group Housing (5722 : LDC Amendments (Post-Hurricane Irma)) 58A-5.036 Emergency Environmental Control for Assisted Living Facilities. (1) DETAILED EMERGENCY ENVIRONMENTAL CONTROL PLAN. Each assisted living facility shall prepare a detailed plan (“plan”) to serve as a supplement to its Comprehensive Emergency Manage ment Plan, to address emergency environmental control in the event of the loss of primary electrical power in that assisted living facility which includes the following in formation: (a) The acquisition of a sufficient alternate power source such as a generator(s), maintained at the assisted living facility, to ensure that current licensees of assisted living facilities will be equipped to ensure ambient air temperatures will be maint ained at or below 81 degrees Fahrenheit for a minimum of ninety-six (96) hours in the event of the loss of primary electrical power. 1. The required temperature must be maintained in an area or areas, determined by the assisted living facility, of sufficient size to maintain residents safely at all times and that is appropriate for resident care needs and life safety requirements. For planning purposes, no less than twenty (20) net square feet per resident must be provided. The assisted living facility may use eighty percent (80%) of its licensed bed capacity as the number of resi dents to be used in the calculation to determine the required square footage. This may include areas that are less than the entire assisted living facility if the assisted living facility’s comprehensive emergency management plan includes allowing a resident to congregate when he or she desires in portions of the building where temperatures will be maintained and includes procedures for monitoring residents for signs of heat related injury as required by this rule . This rule does not prohibit a facility from acting as a receiving provider for evacuees when the conditions stated in Section 408.821, F.S., and subsection 58A-5.026(5), F.A.C., are met. The plan shall include information regarding the area(s) within the assisted living facility where the required temperature will be maintained. 2. The alternate power source and fuel supply shall be located in an area(s) in accordance with local zoning and the Florida Building Code. 3. Each assisted living facility is unique in size; the types of care provided; the physical and mental capabilities and needs of residents; the type, frequency, and amount of services and care offered; and staffing characteristics. Accordingly, this rule does not limit the types of systems or equipment that may be used to achieve ambien t temperatures at or below 81 degrees Fahrenheit for a minimum of ninety-six (96) hours in the event of the loss of primary electrical power. The plan shall include information regarding the systems and equipment that will be used by the assisted living facility and the fuel required to operate the systems and equipment. a. An assisted living facility in an evacuation zone pursuant to Chapter 252, F.S., must maintain an alternative power source and fuel as required by this subsection at all times when the a ssisted living facility is occupied but is permitted to utilize a mobile generator(s) to enable portability if evacuation is necessary. b. Assisted living facilities located on a single campus with other facilities under common ownership, may share fuel, alternative power resources, and resident space available on the campus if such resources are sufficient to support the requir ements of each facility’s residents, as specified in this rule. Details regarding how resources will be shared and any necessary mo vement of residents must be clearly described in the emergency power plan. c. A multistory facility, whose comprehensive emergency management plan is to move residents to a higher floor during a flood or surge event, must place its alternative power source and all necessary additional equipment so it can safely operate in a location protected from flooding or storm surge damage. (b) The acquisition of sufficient fuel, and safe maintenance of that fuel at the facility, to ensure that in the event of the loss of primary electrical power there is sufficient fuel available for the alternate power source to maintain ambient temperatures a t or below 81 degrees Fahrenheit for a minimum of ninety-six (96) hours after the loss of primary electrical power during a dec lared state of emergency. The plan must include information regarding fuel source and fuel storage. 1. Facilities must store minimum amounts of fuel onsite as follows: a. A facility with a licensed capacity of 16 beds or less must store 48 hours of fuel on site. b. A facility with a licensed capacity of 17 or more beds must store 72 hours of fuel onsite. 2. An assisted living facility located in an area in a declared state of emergency area pursuant to Section 252.36, F.S., tha t may impact primary power deli very must secure ninety-six (96) hours of fuel. The assisted living facility may utilize portable fuel storage containers for the remaining fuel necessary for ninety-six (96) hours during the period of a declared state of emergency. 3. Piped natural gas is an allowable fuel source and meets the onsite fuel supply requirements under this rule. 4. If local ordinances or other regulations limit the amount of onsite fuel storage for the assisted living facility’s locati on, then the assisted living facility must develop a plan that includes maximum onsite fuel storage allowable by the ordinance or regulation and a reliable method to obtain the maximum additional fuel at least 24 hours prior to depletion of onsite fuel. 9.C.2 Packet Pg. 85 Attachment: Attachment B - Group Housing (5722 : LDC Amendments (Post-Hurricane Irma)) (c) The acquisition of services necessary to maintain, and test the equipment and its functions to ensure the safe and sufficient operation of the alternate power source maintained at the assisted living facility. (d) The acquisition and maintenance of a carbon monoxide alarm. (2) SUBMISSION OF THE PLAN. (a) Each assisted living facility licensed prior to the effective date of this rule shall submit its plan to the local emerge ncy management agency for review within 30 days of the effective date of this rule. Assisted living facility plans previously submitted and approved pursuant to Emergency Rule 58AER17 -1, F.A.C., will require resubmission only if changes are made to the plan. (b) Each new assisted living facility shall submit the plan required under this rule prior to obtaining a license. (c) Each existing assisted living facility that undergoes any additions, modifications, alterations, refurbishment, renovations or reconstruction that require modification of its systems or equipment affecting the facility’s compliance with this rule shall amend its plan and submit it to the local emergency management agency for review and approval. (3) APPROVED PLANS. (a) Each assisted living facility must maintain a copy of its approved plan in a manner that makes the plan readily available at the licensee’s physical address for review by a legally authorized entity. If the plan is maintained in an electronic format, assisted living facility staff must be readily available to access and produce the plan. For purposes of this section, “readily availa ble” means the ability to immediately produce the plan, either in electronic or paper format, upon request. (b) Within two (2) business days of the approval of the plan from the local emergency management agency, the assisted living facility shall submit in writing proof of the approval to the Agency for Health Care Administration. (c) The assisted living facility shall submit a consumer-friendly summary of the emergency power plan to the Agency. The Agency shall post the summary and notice of the approval and implementa tion of the assisted living facility emergency power plans on its website within ten (10) business days of the plan's approval by the local emergency management agency and update withi n ten (10) business days of implementation. (4) IMPLEMENTATION OF THE PLAN. (a) Each assisted living facility licensed prior to the effective date of this rule shall, no later than June 1, 2018, have implemented the plan required under this rule. (b) The Agency shall allow an extension up to January 1, 2019 to providers in compliance with subsection (c), below, and who can show delays caused by necessary construction, delivery of ordered equipment, zoning or other regulatory approval processe s. Assisted living facilities shall notify the Agency that they will utilize the extension and keep the Agency apprised of progress on a quarterly basis to ensure there are no unnecessary delays. If an assisted living facility can show in its quarterly progress reports that unavoidable delays caused by necessary construction, delivery of ord ered equipment, zoning or other regulatory approval processes will occur beyond the initial extension date, the assisted living facility may request a waiver pursuant to Section 120.542, F.S. (c) During the extension period, an assisted living facility mus t make arrangements pending full implementation of its plan that provides the residents with an area or areas to congregate that meets the safe indoor air temperature requirements of paragra ph (1)(a), for a minimum of ninety-six (96) hours. 1. An assisted living facility not located in an evacuation zone must either have an alternative power source onsite or have a contract in place for delivery of an alternative power source and fuel when requested. Within twenty -four (24) hours of the issuance of a state of emergency for an event that may impact primary power delivery for the area of the assisted living facility, it must have the alternative power source and no less than ninety-six (96) hours of fuel stored onsite. 2. An assisted living facility located in an evacuation zone pursuant to Chapter 252, F.S., must either: a. Fully and safely evacuate its residents prior to the arrival of the event, or b. Have an alternative power source and no less than ninety-six (96) hours of fuel stored onsite, within twenty-four (24) hours of the issuance of a state of emergency for the area of the assisted living facility. (d) Each new assisted living facility shall implement the plan required under this rule prior to obtaining a license. (e) Existing assisted living facilities that undergo any additions, modifications, alterations, refurbishment, renovations or reconstruction that require modification of the systems or equipment affecting the assisted living facility’s compliance with this rule shall implement its amended plan concurrent with any such additions, modifications, alterations, refurbishment, renovations or reconstruction. (f) The Agency for Health Care Administration may request cooperation from the State Fire Marshal to conduct inspections to ensure implementation of the plan in compliance with this rule. 9.C.2 Packet Pg. 86 Attachment: Attachment B - Group Housing (5722 : LDC Amendments (Post-Hurricane Irma)) (5) POLICIES AND PROCEDURES. (a) Each assisted living facility shall develop and implement written policies and procedures to ensure that the assisted liv ing facility can effectively and immediately activate, o perate and maintain the alternate power source and any fuel required for the operation of the alternate power source. The procedures shall ensure that residents do not experience complications from fluc tuations in ambient air temperatures inside the facility. Procedures must address the care of residents occupying the facility during a declared state of emergency, specifically, a description of the methods to be used to mitigate the potential for heat related injury i ncluding: 1. The use of cooling devices and equipment; 2. The use of refrigeration and freezers to produce ice and appropriate temperatures for the maintenance of medicines requiri ng refrigeration; 3. Wellness checks by assisted living facility staff to monitor for signs of dehydration and heat injury; and, 4. A provision for obtaining medical intervention from emergency services for residents whose life safety is in jeopardy. (b) Each assisted living facility shall maintain the written policies and procedures in a manner that makes them readily available at the licensee’s physical address for review by a legally authorized entity. If the policies and procedures are maintained i n an electronic format, assisted living facility staff must be readily available to access the policies and procedures an d produce the requested information. For purposes of this section, “readily available” means the ability to immediately produce the policie s and procedures, either in electronic or paper format, upon request. (c) The written policies and procedures must be readily available for inspection by each resident; each resident’s legal representative, designee, surrogate, guardian, attorney in fact, or case manager; each resident’s estate; and such additional parties as authorized in writing or by law. (6) REVOCATION OF LICENSE, FINES OR SANCTIONS. For a violation of any part of this rule, the Agency for Health Care Administration may seek any remedy authorized by Chapter 429, Part I, F.S., or Chapter 408, Part II, F.S., including, bu t not limited to, license revocation, license suspension, and the imposition of administrative fines. (7) COMPREHENSIVE EMERGENCY MANAGEMENT PLAN. (a) Assisted living facilities whose comprehensive emergency management plan is to evacuate must comply with this rule. (b) Each facility who se plan has been approved shall submit the plan as an addendum with any future submissions for approval of its comprehensive emergency management plan. (8) NOTIFICATION. (a) Within five (5) business days, each assisted living facility must notify in writin g, unless permission for electronic communication has been granted, each resident and the resident’s legal representative: 1. Upon submission of the plan to the local emergency management agency that the plan has been submitted for review and approval; 2. Upon final implementation of the plan by the assisted living facility. (b) Each assisted living facility must maintain a copy of each notification set forth in paragraph (a), above, in a manner th at makes each notification readily available at the licensee ’s physical address for review by a legally authorized entity. If the notifications are maintained in an electronic format, facility staff must be readily available to access and produce the noti fications. For purposes of this section, “readily available” means the ability to immediately produce the notifications, either in electronic or paper format, upon request. Rulemaking Authority 429.41 FS. Law Implemented 429.19, 429.41 FS. History–New 3-26-18. 9.C.2 Packet Pg. 87 Attachment: Attachment B - Group Housing (5722 : LDC Amendments (Post-Hurricane Irma)) 59A-4.1265 Emergency Environmental Control for Nursing Homes. (1) DETAILED NURSING HOME EMERGENCY POWER PLAN. Each nursing home shall prepare a detailed plan (“plan”), to serve as a supplement to its Comprehensive Emergency Management Plan, to address emer gency power in the event of the loss of primary electrical power in that nursing home, which includes the following information: (a) The acquisition of a sufficient alternate power source such as a generator(s), maintained at the nursing home, to ensure that current licensees of nursing homes will be equipped to ensure the protection of resident health, safety, welfare, and comfort for a minimum of ninety-six (96) hours in the event of the loss of primary electrical power. Safe indoor air temperatures in re sident occupied areas shall be determined by the licensee to meet the clinical needs of residents, but shall not exceed eighty -one (81) degrees Fahrenheit. 1. The required temperature must be maintained in an area or areas determined by the nursing home of sufficient size to maintain all residents safely at all times and is appropriate for the care needs and life safety requirements. For planning p urposes, no less than thirty (30) net square feet per resident must be provided. This may include areas that ar e less than the entire nursing home if the nursing home’s comprehensive emergency management plan includes relocating residents to portions of the building where the health, safety, welfare, and comfort of the residents will be maintained as required by this rule. The plan shall include information regarding the area(s) within the nursing home where the required temperature will be maintained. 2. The alternate power source for the equipment necessary to maintain the safe indoor air temperature required by t his rule may be provided by the essential electrical system required by the Florida Building Code for Nursing Home design and construction or onsite optional standby system as defined by NFPA 70 National Electrical Code supplying normal power to the nursin g home maintained onsite at all times when the building is occupied. If an optional standby system is used, it must be connected and maintained in accordance with the manufacturer’s recommendations. The alternate power source and fuel supply shall be locat ed in an area(s) in accordance with local zoning and the Florida Building Code. 3. Each nursing home is unique in size; the types of care provided; the physical and mental capabilities and needs of residen ts; the type, frequency, and amount of services and care offered; and staffing characteristics. Accordingly, this rule does not limit the types of systems or equipment that may be used to maintain the safe indoor air temperature required by this rule for a minimu m of ninety-six (96) hours in the event of the loss of primary electrical power. The plan shall include information regarding the systems and equipment that will be used by the nursing home required to operate the systems and equipment. a. A nursing home in an evacuation zone pursuant to Chapter 252 , F.S., must maintain an alternative power source and fuel as required by this subsection at all times when the facility is occupied but is permitted to utilize a mobile generator(s) to e nable portability if evacuation is necessary. b. Facilities located on a single campus with other facilities licensed by the Agency under common ownership, may share fuel, alternative power resources, and resident space available on the campus if such resources are sufficient to support the requi rements of each facility’s residents, as specified in this rule. Details regarding how resources will be shared and any necessary movement of residents must be clearly described in the emergency power plan. c. A multistory facility, whose comprehensive emergency management plan is to move residents to a higher floor during a flood or surge event, must place its alternative power source and all necessary additional equipment so it can safely operate in a location protected from flooding or storm surge damage. (b) The acquisition of sufficient fuel, and safe maintenance of that fuel onsite at the facility, to ensure that in the event of the loss of primary electrical power there is sufficient fuel available for the alternate power source required in paragraph (1)(a), to power life safety systems, critical systems, and equipment necessary to maintain safe indoor air temperatures as described in this rule for ninety-six (96) hours after the loss of electrical power during a declared state of emergency. The plan shall include information regarding fuel source and fuel storage. 1. A nursing home located in an area in a declared state of emergency area pursuant to Section 252.36, F.S., that may impact primary power delivery must secure ninety-six (96) hours of fuel. The nursing home may utilize portable fuel storage containers for the remaining fuel necessary for ninety-six (96) hours during the period of a declared state of emergency. 2. A nursing home must store a minimum of seventy-two (72) hours of fuel onsite. 3. Piped natural gas is an allowable fuel source and meets the onsite fuel requirement under this rule. 4. If local ordinances or other regulations that limit the amount of onsite fuel storage for the nursing home’s location and the nursing home does not have access to piped natural gas, then the nursing home must develop a plan that includes maximum onsite fuel storage allowable by the ordinance or regulation and a reliable method to obtain the maximum additional fuel at least 24 hours 9.C.2 Packet Pg. 88 Attachment: Attachment B - Group Housing (5722 : LDC Amendments (Post-Hurricane Irma)) prior to depletion of onsite fuel. (c) The acquisition of services necessary to install, maintain, and test the equipment and its functions to ensure the safe and sufficient operation of the alternate power source installed in the nursing home. (2) SUBMISSION OF THE PLAN. (a) Each nursing home licensed prior to the effective date of this rule shall submit its plan to the local emergency management agency for review and approval within thirty (30) days of the effective date of the rule. Nursing Home plans previously recei ved and approved under Emergency Rule 59AER17-1, F.A.C., will require resubmission only if changes are made. (b) Each new nursing home shall submit the plan required under this rule prior to obtaining a license. (c) Each existing nursing home that undergoes additions, modifications, alterations, refurbishment, reconstruction or renovations that require modification of the systems or equipment affecting the nursing home’s compliance with this rule shal l amend its plan and submit it to the local emergency management agency for review and approval. (3) PLAN REVIEW. Architectural and engineering plans are subject to review by the Agency’s Office of Plans and Construction. The local emergency management agency shall review the emergency power plan for compliance with the subsection and may rely on the technical review of the Office of Plans and Construction. Once the review is complete, the local emergency management agency shall: (a) Report deficiencies in the plan to the nursing home for resolution. The nursing home must resubmit the plan within t en (10) business days. (b) Report approval or denial of the plan to the Agency and the nursing home. (4) APPROVED PLANS. (a) Each nursing home must maintain a copy of its plan in a manner that makes the plan readily available at the licensee’s physical address for review by the authority having jurisdiction. If the plan is maintained in an electronic format, nursing home staff must be readily available to access and produce the plan. For purposes of this section, “readily available” means the ability to immediately produce the plan, either in electronic or paper format, upon request. (b) Within two (2) business days of the approval of the plan from the local emergency management agency, the nursing home shall submit in writing proof of the approval to the Agency for Health Care Administration. (c) The nursing home shall submit a consumer friendly summary of the emergency power plan to the Agency. The Agency shall post the summary and notice of the approval and implementation of the nursing home emergency powe r plans on its website within ten (10) business days of the plan’s approval by the local emergency management agency and update within ten (10) business da ys of implementation. (5) IMPLEMENTATION OF THE PLAN. (a) Each nursing home licensed prior to the effective date of this rule shall, no later than June 1, 2018 have implemented the plan required under this rule. (b) The Agency shall grant an extension up to January 1, 2019 to providers in compliance with paragraph (c), below, and who can show delays caused by necessary construction, delivery of ordered equipment, zoning or other regulatory approval processes. Nursing homes granted an extension must keep the Agency apprised of progress on a monthly basis to ensure there are no unnecessary delays. (c) During the extension period, a nursing home must make arrangements pending full implementation of its plan that the residents are housed in an area that meets the safe indoor air temperature requirements of paragraph (1)(a), for a minimum of ninety- six (96) hours. 1. A nursing home not located in an evacuation zone must either have an alternative power source onsite or have a contract in place for delivery of an alternative power source and fuel when requested. Within twenty -four (24) hours of the issuance of a state of emergency for an event that may impact primary power delivery for the area of the nursing home, it must have the alternative power source and no less than ninety-six (96) hours of fuel stored onsite. 2. A nursing home located in an evacuation zone pursuant to Chapter 252, F.S., must either: a. Fully and safely evacuate its residents prior to the arrival of the event, or b. Have an alternative power source and no less than ninety-six (96) hours of fuel stored onsite, within twenty-four (24) hours of the issuance of a state of emergency for the area of the nursing home, (d) Each new nursing home shall implement the plan prior to obtaining a license. (e) Each nursing home that undergoes any additions, modifications, alterations, refurbishment, reconstr uction or renovations 9.C.2 Packet Pg. 89 Attachment: Attachment B - Group Housing (5722 : LDC Amendments (Post-Hurricane Irma)) that require modification of the systems or equipment affecting the nursing home’s compliance with this rule shall implement its amended plan subsequent with the completion of construction. (f) The Agency may request cooperation from the State Fire Marshal to conduct inspections to ensure implementation of the plan in compliance with this rule. (6) POLICIES AND PROCEDURES. (a) Each nursing home shall develop and implement written policies and procedures to ensure that each nursing home can effectively and immediately activate, operate and maintain the alternate power source and any fuel required for the operation of the alternate power source. The procedures shall be resident-focused to ensure that residents do not experience complications from heat exposure, and shall include a contingency plan to transport residents to a safe facility if the current nursing home’s plan t o keep the residents in a safe and comfortable location within the nursing home at or below the indoor air temperatur e required by this rule becomes compromised. (b) Each nursing home shall maintain its written policies and procedures in a manner that makes them readily available at the licensee’s physical address for review by the authority having jurisdiction. If the p olicies and procedures are maintained in an electronic format, nursing home staff must be readily available to access the policies and procedures and produce the request ed information. (c) The written policies and procedures must be readily available for inspection by each resident; each resident’s legal representative, designee, surrogate, guardian, attorney in fact, or case manager; each resident’s estate; and all parties aut horized in writing or by law. (7) REVOCATION OF LICENSE, FINES OR SANCTIONS. For a violation of any part of this rule, the Agency may seek any remedy authorized by Chapter 400, Part II, or Chapter 408, Part II, F.S., including but not limited to, license revocation, l icense suspension, and the imposition of administrative fines. (8) COMPREHENSIVE EMERGENCY MANAGEMENT PLAN. (a) Nursing homes whose comprehensive emergency management plan is to evacuate must comply with this rule. (b) Once the plan has been approved, the nursing home shall submit the plan as an addendum with any future sub missions for approval of its Comprehensive Emergency Management Plan. (9) NOTIFICATION. (a) Within three (3) business days, each nursing home must notify in writing, unless permission for electronic communication has been granted, each resident and the resident’s legal representative: 1. Upon submission of the plan to the local emergency management agency that the plan has been submitted for review and approval; 2. Upon final implementation of the plan by the nursing home following review by the State Fire Marshal or the Agency’s Office of Plans and Construction. (b) The nursing home shall keep a copy of each written or electronic notification sent by the nursing home to the resident an d resident’s representative on file. Rulemaking Authority 400.23 FS. Law Implemented 400.23 FS. History–New 3-26-18. 9.C.2 Packet Pg. 90 Attachment: Attachment B - Group Housing (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Community Clubhouses (06-07- 2018) (for BCC 06-26-2018).docx Land Development Code Amendment Request ORIGIN: Hurricane Irma After-Action Report to the Board of County Commissioners AUTHOR: Zoning Division Staff LDC SECTIONS: 5.05.17 Residential Developments with Clubhouses or Community Center Buildings (New Section) SUMMARY: This amendment establishes new standards for clubhouses or community center buildings in residential developments, to aid in the County’s emergency response and recovery after an emergency event, such as a tropical storm or a hurricane. DESCRIPTION: At the Board’s Work Session on November 7, 2017, Staff presented several regulatory responses to the After-Action Findings regarding the County’s Hurricane Irma Response. Regulatory Action #2 suggested establishing a local ordinance to help address evacuation shelter deficits. This amendment proposes to allow clubhouses or community center buildings within private residential developments to be used in the post-event response and recovery efforts by requiring permanent emergency generators to be installed at new facilities that are at least 10,000 square feet. Existing facilities would also be subject to these standards if they undergo a substantial addition or renovation and are at least 10,000 square feet or if the addition or renovation results in a building exceeding 10,000 square feet. The amendment also sets forth minimum operating standards for permanent emergency generators at clubhouses or community center buildings. Lastly, at the time of generator installation, this amendment requires coordination between the property owner and the Bureau of Emergency Services-Emergency Management Division to allow the Bureau to consider the use of the private clubhouses or community center buildings for post- emergency response activities. The intent of this amendment is to provide an option for residents to use the facility as a post- disaster point of distribution for supplies, such as water, shelf-stable meals, or to deliver tarps. The facility may also be used as a place for residents to obtain updated emergency information, gain comfort/respite from the heat, maintain hygiene, or operate their personal communication devices. DSAC-LDR RECOMMENDATION: The DSAC-LDR Subcommittee reviewed the amendment on April 18, 2018. Lacking a quorum, the Subcommittee member present, as well as a regular member of the DSAC, made several suggestions and observations for further review at the regular DSAC meeting. DSAC RECOMMENDATION: The DSAC recommended denial of the LDC amendment as proposed on May 2, 2018. However, the DSAC indicated they may be amenable to a more limited amendment that requires a generator transfer switch to establish back up connectivity. 9.C.3 Packet Pg. 91 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Community Clubhouses (06-07- 2018) (for BCC 06-26-2018).docx COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this amendment on May 17, 2018, and voted not to adopt the proposed regulations, to allow for more time to vet the proposed language through the stakeholders and HOA groups and to bring it back if the Board so desires. When vetting through stakeholders and HOA groups, if there is any significant level of concern regarding the expenses that the redraft would come back with an opt-out provision that requires all constituents/members be informed that the association is opting out and their level of protection may be less than an organization that did not opt out. The CCPC recommended that staff contact a sample of general managers of communities that have private clubs and solicit their feedback on the proposed provisions. An email that identifies the proposed changes should be sent to those on the distribution list of community associations. On May 23, 2018, Staff followed up on the CCPC’s recommendation by sending emails to those on the distribution list. Staff has received feedback from six individuals expressing concern regarding this amendment. Any public comments received in response are attached. FISCAL & OPERATIONAL IMPACTS: This amendment will result in additional costs to residential developments that install an emergency generator. There are no anticipated fiscal or operational impacts to the County associated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: This amendment supports Goal 12 of the Conservation and Coastal Management Element of the GMP, “to make every reasonable effort to ensure the public safety, health and welfare of people and property form the effects of hurricane storm damage.” Amend the LDC as follows: 1 2 5.05.17 – Residential Developments with Clubhouses or Community Center Buildings 3 A. Purpose and intent. The purpose of this section is to protect the public health, safety and 4 welfare and aid in the implementation of the County’s emergency response and recovery 5 activities at the community level by requiring permanent emergency generators at 6 community clubhouses or community center buildings. The requirements are also 7 intended to improve communication to residents before, during, and after emergency 8 events. 9 B. Applicability. Permanent emergency generators shall be required at clubhouses or 10 community center buildings in any of the following circumstances: 11 1. A newly constructed building with a floor area of 10,000 square feet or greater; or 12 2. An existing building with a floor area of 10,000 square feet or greater undergoes 13 an addition or renovation that exceeds 50 percent of the assessed value of the 14 existing building; or 15 3. An existing building with a floor area less than 10,000 square feet undergoes an 16 addition or renovation that exceeds 50 percent of the assessed value of the 17 existing building and results in the building having a floor area of 10,000 square 18 feet or greater. 19 C. Exemption. Residential developments with more than one clubhouse or community center 20 building with a floor area of 10,000 square feet or greater are only required to install one 21 permanent emergency generator at one of the clubhouses or community center buildings. 22 Any additional clubhouses or community center buildings are exempt from the 23 requirements for permanent emergency generators under this section. 24 9.C.3 Packet Pg. 92 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Community Clubhouses (06-07- 2018) (for BCC 06-26-2018).docx D. Standards. 1 1. Generator Capacity. Permanent emergency generators shall at a minimum provide 2 service for the following: 3 a. Essential electrical systems within the building, including but not limited to 4 exit lighting, emergency lighting, elevators, fire alarm systems, bathroom 5 exhaust fans, bathroom hot water heaters, and water and sewer lift 6 stations. 7 b. Lighting for a minimum of 30 percent of the building’s floor area, including 8 but not limited to the main meeting or gathering areas, hallways, and 9 bathrooms. 10 c. Air-conditioning for a minimum of 30 percent of the building’s floor area, 11 including the largest meeting or gathering area. 12 2. Fuel Capacity. There shall be sufficient fuel to operate the generator for a minimum 13 of 72 hours at the full load capacity. 14 3. Setbacks. Permanent emergency generators shall comply with the dimensional 15 standards in LDC section 4.02.03. 16 E. Coordination with Emergency Management. At the time of generator installation, 17 residential communities shall coordinate with the Bureau of Emergency Services-18 Emergency Management Division to consider allowing the County to use their private 19 clubhouses or community center buildings for post-emergency response activities. 20 # # # # # # # # # # # # # 21 9.C.3 Packet Pg. 93 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) 1 JohnsonEric From:FrantzJeremy Sent:Wednesday, May 23, 2018 11:00 AM To:Doug Campbell Cc:SummersDan; BosiMichael; SummersEllen; HenderlongRichard; JohnsonEric Subject:RE: Upcoming LDC Amendment for Residential Community Clubhouses - Public Input Needed! Hi Doug, Thank you for your input. We will be compiling all public comments and providing those to the Board of County Commissioners when they review the amendment on June 26, 2018. For more information regarding upcoming hearings, you can follow along at www.colliergov.net/ldcamendments Please let me know if you have any additional comments or questions. Respectfully, Jeremy Frantz, AICP Land Development Code Manager -----Original Message----- From: Doug Campbell [mailto:jdcampbell78@jdcjr.com] Sent: Wednesday, May 23, 2018 9:36 AM To: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Subject: Re: Upcoming LDC Amendment for Residential Community Clubhouses - Public Input Needed! To me, this is government overreach. Associations should be able to decide when and where to spend their money. Doug Campbell jdcampbell78@jdcjr.com H: 239-403-7919 C: 239-269-8104 > On May 23, 2018, at 9:29 AM, FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> wrote: > > > <image002.png> > > Proposed LDC Amendment > Meeting Schedule > Current Amendments > Collier LDC > News Releases > 9.C.3 Packet Pg. 94 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) 2 > > > > PUBLIC > INPUT NEEDED > > Collier County staff is proposing to require the installation of permanent emergency generators at residential clubhouses and community center buildings that are 10,000 square feet or more, and: > > • New developed, or > • Substantially renovated > > The amendment is intended to improve the County’s resiliency and preparedness after a disaster but adopting the amendment could result in additional costs to some residential developments. > > <image004.png> > > This proposal will be reviewed by the Board of County Commissioners on June 26, 2018. > > Please contact us or consider attending the public hearing to make your voice heard. > > > > Meeting Details: > > > Materials > View LDC Amendment > > > Date > BCC Hearing > Tuesday > June 26, 2018 > 9:00 AM > > > Location > 3289 Tamiami Trl. E. > Collier County Government Center > 3rd Floor - Building F > BCC Meeting Room > > <image006.png> > > > > We welcome your feedback and attendance. > > > 9.C.3 Packet Pg. 95 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) 3 > > > Contact Us > 2800 N. Horseshoe Drive | Naples, FL 34014 > Call: (239) 252-2305 | Email: jeremy.frantz@colliercountyfl.gov > > Not interested in e-mail updates? Unsubscribe from this list. > > > Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. > > <image002.png> 9.C.3 Packet Pg. 96 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) From: FrantzJeremy Sent: Thursday, May 24, 2018 8:41 AM To: 'bernie901@comcast.net' Subject: RE: Installing generators at clubhouses (in condos & puds) Thank you for your input! The Board of County Commissioners will review this amendment on June 26, 2018. We will include your comments in their review materials. You can follow the hearing schedule at www.colliergov.net/ldcamendments Respectfully, Jeremy Frantz, AICP Land Development Code Manager From: bernie901@comcast.net [mailto:bernie901@comcast.net] Sent: Thursday, May 24, 2018 5:50 AM To: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Subject: Installing generators at clubhouses (in condos & puds) My opinion is no. We have enough expenses without incurring more. In the last hurricane - (about 50% of the owners are snowbirds) the remaining people in our complex left their units - so having an emergency generator required is not a good idea. 9.C.3 Packet Pg. 97 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) From: SummersDan Sent: Friday, June 01, 2018 12:54 PM To: FrantzJeremy Subject: FW: proposed club house generator Attachments: Proposed LDC Amendment re Clubhouses and generators.pdf From: GoodnerAngela Sent: Thursday, May 31, 2018 5:17 PM To: charlie hirschfeld <hirschfeldcharlie@gmail.com> Subject: RE: proposed club house generator Great to hear from you, Charlie – how is your wife feeling? Better, I hope! I’m including the report they are sending to the BCC on this, including descriptions of the discussions with the Development Services Advisory Committee and the Planning Commission. (And HERE is a link to the Planning Commission meeting where it was discussed – I can’t link directly to the discussion item, but they begin talking about the changes related to the hurricane at 1:06, if you want to hear Dan Summers, our Emergency Manager, discuss their intentions with this change.) I am also going to share your email with Dan Summers, so he’ll have a sense of the sort of concerns the leadership of our gated communities have about the proposal. Hope that is helpful! As always, we’re here for your questions and concerns. Angela Goodner, Executive Coordinator Commissioner Andy Solis, Esq., Chairman Collier County Board of County Commissioners Phone: 239.252.8602 Fax: 239.252.6947 Sign up for the District 2 newsletter HERE! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone at 239-252-8602 or in writing at 3299 Tamiami Trail E, Suite 303, Naples, FL 34112. From: charlie hirschfeld [mailto:hirschfeldcharlie@gmail.com] Sent: Sunday, May 27, 2018 12:55 PM To: GoodnerAngela <Angela.Goodner@colliercountyfl.gov> Cc: Fpaul16871 <fpaul16871@aol.com>; charlie hirschfeld <hirschfeldcharlie@gmail.com> Subject: proposed club house generator Hi Angela, Please forward to Commissioner Solis, 9.C.3 Packet Pg. 98 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) At Carlton Lakes we are against the proposed manatory installation of a generator. During the recent hurricane we did have limited power after 3 days and opened the club house to those in the community without power,, The results were families with small kids made so much noise that it drove many back into their homes without power. Nobody was able to get any sleep. This could be an issue at any club house not just ours. I feel it should be a community vote for every home owner association that has a club house regardless of size to decide if they wish to spend the money to have a generator installed or not.The county should not be dictating the various communities. The single family home owners have the right to install generators at ther own expense following county guidelines for installation and up keep and the condo buildings can also vote if they wish to install generators to help keep some power on. We don't need government telling us how to spend our money or dictating to us. If they are s concerned then the county should build shelters and have all residents pay for them through their property taxes or sales tax. Thanks,. Charlie Hirschfeld President -Carlton lakes Home owners Asscoaition 9.C.3 Packet Pg. 99 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) Notes from Telephone Discussion with Ron Albeit (General Manager of Fiddler’s Creek) on May 29, 2018 • If a generator were installed staff would be required to operate the facilities but it is difficult to get staff back after a storm since they have evacuated. • The size of generator that the amendment would require would be impractical. • The cost of the amendment could be from $100,000 to over $500,000. • Preference would be to let the decision to install a generator remain an individual decision for the private sector. • The amendment would be a burden on facilities when they are trying to get back on track after a storm. 9.C.3 Packet Pg. 100 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) 1 JohnsonEric From:FrantzJeremy Sent:Monday, June 04, 2018 8:30 AM To:JohnsonEric Subject:FW: Proposed LDC Amendment 5.05.17-Residential Developments with Clubhouses or Community Center Respectfully, Jeremy Frantz, AICP Land Development Code Manager From: BosiMichael Sent: Friday, June 01, 2018 3:01 PM To: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Subject: FW: Proposed LDC Amendment 5.05.17-Residential Developments with Clubhouses or Community Center For the file. From: McDanielBill Sent: Friday, June 1, 2018 11:24 AM To: BosiMichael <Michael.Bosi@colliercountyfl.gov> Subject: Fwd: Proposed LDC Amendment 5.05.17-Residential Developments with Clubhouses or Community Center Hi Michael, please see below email from Phil Brougham. Any comments???? Thank you. Sue Begin forwarded message: From: "Phil Brougham" <phillip.brougham@gmail.com> Date: June 1, 2018 at 11:17:24 AM EDT To: "'McDanielBill'" <Bill.McDaniel@colliercountyfl.gov> Subject: RE: Proposed LDC Amendment 5.05.17-Residential Developments with Clubhouses or Community Center Sue Thanks you and I had obtained the proposed LDC amendment. Paragraph C can be interpreted as a club house, such as Fiddler's Creek which has one of 54,000 square feet, would not be exempt. In addition, paragraph E implies that when a generator is installed, Emergency Services must be consulted as potential use as a shelter. And paragraph B 1 states "newly constructed" with no additional explanation or clarification. Very problematic and wide open to interpretation. In any case, private HOAs who DO fall under the jurisdiction of this LDC amendment if it passes, would be forced to spend a lot of money 9.C.3 Packet Pg. 101 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) 2 for a generator and fuel storage and then if they were forced to open as a shelter, they would need to provide staff, sanitary facilities and cleaning. In my opinion this is the duty of Collier County and not private citizens (the HOA expenses are paid by us). Phil -----Original Message----- From: McDanielBill <Bill.McDaniel@colliercountyfl.gov> Sent: Friday, June 1, 2018 8:57 AM To: Phil Brougham <phillip.brougham@gmail.com> Subject: Re: Proposed LDC Amendment 5.05.17-Residential Developments with Clubhouses or Community Center Hi Phil, I have attaching the email I received from Mike Bosi; this should help to explain. Sue, The attached is the draft LDC amendment, I highlighted the circumstances it would effect existing clubhouse and it should be noted that this amendment received a recommendation from the CCPC to not adopt, but to continue to vet with existing clubhouse managers and HOA’s. Hope this helps, mike Hi Mike, A lot of people are still confused. Is it possible to get something in writing regarding what is being recommended for preexisting subdivisions pertaining to generators? Thank you, Sue ________________________________ Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 9.C.3 Packet Pg. 102 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) 1 JohnsonEric From:FrantzJeremy Sent:Wednesday, June 06, 2018 3:59 PM To:JohnsonEric Subject:FW: LDC Amendment Respectfully, Jeremy Frantz, AICP Land Development Code Manager -----Original Message----- From: FrenchJames Sent: Wednesday, June 06, 2018 3:49 PM To: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Cc: McLeanMatthew <Matthew.McLean@colliercountyfl.gov>; LongRichard <Richard.Long@colliercountyfl.gov>; KovenskyKenneth <Kenneth.Kovensky@colliercountyfl.gov>; GuitardDonna <Donna.Guitard@colliercountyfl.gov>; CohenThaddeus <Thaddeus.Cohen@colliercountyfl.gov>; MarcellaJeanne <Jeanne.Marcella@colliercountyfl.gov>; BellowsRay <Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov> Subject: FW: LDC Amendment Jeremy - FYI Thank you, Jamie -----Original Message----- From: OchsLeo Sent: Wednesday, June 6, 2018 3:45 PM To: PriceLen <Len.Price@colliercountyfl.gov>; CohenThaddeus <Thaddeus.Cohen@colliercountyfl.gov> Cc: CasalanguidaNick <Nick.Casalanguida@colliercountyfl.gov>; FrenchJames <James.French@colliercountyfl.gov>; SummersDan <Daniel.Summers@colliercountyfl.gov> Subject: FW: LDC Amendment FYI Leo E. Ochs, Jr. Collier County Manager leo.ochs@colliercountyfl.gov 3299 East Tamiami Trail Naples FL 34112 239.252.8383 -----Original Message----- From: david trecker [mailto:djtrecker@yahoo.com] Sent: Wednesday, June 06, 2018 3:17 PM 9.C.3 Packet Pg. 103 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) 2 To: FialaDonna <Donna.Fiala@colliercountyfl.gov>; SolisAndy <Andy.Solis@colliercountyfl.gov>; SaundersBurt <Burt.Saunders@colliercountyfl.gov>; TaylorPenny <Penny.Taylor@colliercountyfl.gov>; McDanielBill <Bill.McDaniel@colliercountyfl.gov> Cc: OchsLeo <Leo.Ochs@colliercountyfl.gov> Subject: LDC Amendment Commissioners: The Collier County Presidents Council, representing over 30,000 doors in Collier County, strongly opposes the proposed Land Development Code amendment that would require installation of emergency generators in many community center buildings. We feel this is unnecessary government overreach. Communities and associations must be allowed to spend their money as they see fit to maximize benefits for their members. They should not be compelled to meet an arbitrary and unneeded mandate, in effect a hidden tax. The expenditure for emergency generators and the attendant cost for upkeep would place an unacceptable financial burden on many communities and associations. We urge you to oppose this proposal. For the Collier County Presidents Council, Paul Feuer, Chairman Dave Trecker, Vice Chairman ________________________________ Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 9.C.3 Packet Pg. 104 Attachment: Attachment C - Clubhhouses and Community Centers (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Gas Stations 5.05.05 06-07-2018 (For BCC 06-26-2018).docx Land Development Code Amendment Request ORIGIN: Hurricane Irma After-Action Report to the Board of County Commissioners AUTHOR: Growth Management Department, Zoning Division Staff LDC SECTION: 5.05.05 Facilities with Fuel Pumps SUMMARY: This amendment clarifies the requirement to install a generator transfer switch at facilities with fuel pumps and introduces the requirement to install a permanent emergency generator. DESCRIPTON: At the Board of County Commissioners Work Session on November 7, 2017, Staff presented several regulatory responses to the After-Action Findings regarding the County’s Hurricane Irma Response. Regulatory Action #3 suggested strengthening the emergency generator requirements for commercial gas stations located near the interstate highway and multi-pump stations located further inland. The recommendation also stated the need for annual testing of permanent on-site generators and operational certificates. Currently, F.S. 526.143, requires newly constructed and substantially renovated gas stations be capable of operating under an alternate form of generated power. These standards require gas stations be pre-wired with a generator transfer switch. Corporations or other entities owning 10 or more gas stations within the County are required to have at least one portable generator for every 10 gas stations. The statute also requires a written statement attesting to the periodic testing of the equipment. This LDC amendment models the standards from F.S. 526.143 and includes additional requirements based on the Board’s After-Action Findings recommended regulatory action. This amendment proposes the following changes to LDC section 5.05.05 I.: 1) Modifies an existing LDC provision that requires all facilities with fuel pumps to be pre- wired with a generator transfer switch. This requirement only applies to motor fuel retail outlets for which a certificate of occupancy is issued on or after July 1, 2006, in F.S. 526.143; 2) Identifies certain facilities with fuel pumps that are required to install a permanent emergency generator. While F.S. 526.143 requires corporations owning 10 or more gas stations within a County to have a portable generator, this requirement would be unique to Collier County; 3) Facilities with fuel pumps with a permanent emergency generator or transfer switches shall conduct testing of the equipment under load and according to manufacturer’s specifications, and keep a written statement on the site attesting to the periodic testing of the equipment. The requirement for testing is also found in F.S. 526.143. However, the requirement to perform testing “under load,” would be unique to Collier County; and 4) Exempts certain uses, such as automotive vehicle dealers (SIC 5511), establishments operating a fleet of motor vehicles, and certain establishments that have a written agreement with a public hospital. These exemptions are also found in F.S. 526.143. 9.C.4 Packet Pg. 105 Attachment: Attachment D - Facilities with Fuel Pumps (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Gas Stations 5.05.05 06-07-2018 (For BCC 06-26-2018).docx DSAC-LDR RECOMMENDATION: The DSAC-LDR Subcommittee reviewed the amendment on April 18, 2018. Lacking a quorum, the Subcommittee member present, as well as a regular member of the DSAC, made several suggestions and observations for further review at the regular DSAC meeting. DSAC RECOMMENDATION: The DSAC reviewed the amendment on May 2, 2018. Prior to a recommendation being made, the DSAC requested additional information regarding the evacuation routes referenced in the amendment. The DSAC also suggested updating the applicability for this amendment to apply only to larger facilities with fuel pumps (i.e. more than 8 fueling stations). The amendment returned to DSAC on June 6, 2018. After additional information was presented, a motion to approve with conditions was made and seconded; however, the motion failed due to a lack of majority in the affirmative. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this amendment on May 17, 2018, and unanimously voted to recommend approval. FISCAL & OPERATIONAL IMPACTS: This amendment will result in additional costs to comply with those requirements that differ from existing State requirements. The land area necessary to accommodate the required generator and associated equipment may cause the site to become non-conforming with other LDC standards, such as off-street parking, required setbacks, landscaping, etc., which may cause further complications when transferring ownership of real property. Also, if adopted, a facility with fuel pumps may experience unanticipated costs when contemplating future expansions or renovations when discovering that a non-conformity exists because the site lacks the required generator. GROWTH MANAGEMENT PLAN IMPACTS: This amendment supports Goal 12 of the Conservation and Coastal Management Element of the GMP which requires the County, “to make every reasonable effort to ensure the public safety, health and welfare of people and property from the effects of hurricane storm damage.” Amend the LDC as follows: 1 5.05.05 – Facilities with Fuel Pumps 2 * * * * * * * * * * * * * 3 I. Permanent emergency generators. 4 1. Purpose and intent. The follo wing provisions are intended to protect the public 5 health, safety, and welfare through improved evacuation capability and 6 commercial fuel availability during a state of emergency. 7 2. Generator Connection. Each facility with fuel pumps that does not meet the 8 criteria in subsection 3 below, shall provide the necessary infrastructure and pre-9 wiring in order to provide the capabilities for generator service to the following in 10 case of emergencies : all fuel pumps, dispensing equipment, life-safety systems, 11 and payment-acceptance equipment. 12 3. Permanent emergency generator. Facilities with fuel pumps shall install a 13 permanent emergency generator capable of operating all fuel pumps, dispensing 14 9.C.4 Packet Pg. 106 Attachment: Attachment D - Facilities with Fuel Pumps (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Gas Stations 5.05.05 06-07-2018 (For BCC 06-26-2018).docx equipment, life -safety systems, and payment-acceptance equipment for use in 1 case of emergencies under the following circumstances: 2 a. Newly constructed, 3 b. Located within one-half mile to an interstate highway or state or federally 4 designated evacuation route, or 5 c. Additions or substantial renovations exceeding 50 percent of the 6 assessed value of the existing facility with fuel pump, including land and 7 improvements. 8 4. Permanent emergency generators and transfer switches must be tested under 9 load and according to manufacturer’s specifications. Each facility with fuel pumps 10 must keep a written statement on site attesting to the periodic testing of the 11 equipment. 12 5. The following are exempt from LDC section 5.05.05 I: 13 a. Automotive vehicle dealers (SIC Code 5511); 14 b. Establishments operating a fleet of motor vehicles; 15 c. Establishments which sell motor fuel exclusively to a fleet of motor vehicles; 16 or 17 d. Establishments that have a written agreement with a public hospital in a 18 form approved by the Florida Division of Emergency Management, wherein 19 the public hospital agrees to provide the establishment with an alternative 20 means of power generation on-site so that the establishment’s fuel pumps 21 may be operated in the event of a power outage. 22 # # # # # # # # # # # # # 23 9.C.4 Packet Pg. 107 Attachment: Attachment D - Facilities with Fuel Pumps (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 1 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Exemptions to Development Standards 06-06-2018 (For BCC 06-26-2018).docx Land Development Code Amendment Request ORIGIN: Hurricane Irma After-Action Report to the Board of County Commissioners AUTHOR: Zoning Division Staff LDC SECTIONS: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 4.05.04 Parking Space Requirements 4.06.05 General Landscaping Requirements 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof SUMMARY: This amendment creates new exemptions from certain design standards for existing facilities with fuel pumps, assisted living facilities (ALFs), and nursing homes that install permanent emergency generators and related fuel storage for an emergency event. DESCRIPTON: At the Board of County Commissioners Work Session on November 7, 2017, Staff presented several regulatory responses to the After-Action Findings regarding the County’s Hurricane Irma Response. Regulatory Actions #2 and #3 suggested the creation of new requirements to improve the County’s recovery efforts after emergencies. Two other companion LDC amendments require permanent emergency generators in certain circumstances at assisted living facilities (ALFs), nursing homes, and facilities with fuel pumps. This LDC amendment grants relief from certain design standards. The amendment reduces the minimum setbacks, parking requirements, and building foundation planting requirements for existing ALFs, nursing homes, and facilities with fuel pumps that install a permanent emergency generator. These reductions are intended to reduce or remove potential constraints that might limit the ability of existing businesses to install generators. Other requirements applicable to generators and other equipment such as screening requirements in LDC sections 4.06.02 and 5.05.08, and sound attenuation requirements in LDC section 4.02.01 D.13 are unchanged. Additionally, this amendment also expands the list of items required on a site plan per LDC section 10.02.03 D to ensure that the location of permanent emergency generators and any related equipment is clearly identified on the site plan. DSAC-LDR RECOMMENDATION: The DSAC-LDR Subcommittee reviewed the amendment on April 18, 2018. Lacking a quorum, the Subcommittee members present, as well as a regular member of the DSAC, made several suggestions and observations for further review at the regular DSAC meeting. DSAC RECOMMENDATION: The DSAC unanimously recommended approval of this amendment on May 2, 2018, with no changes. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this amendment on May 17, 2018, and unanimously voted to recommend approval. 9.C.5 Packet Pg. 108 Attachment: Attachment E - Exemptions to Development Standards (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 2 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Exemptions to Development Standards 06-06-2018 (For BCC 06-26-2018).docx FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 1 4.02.01 – Dimensional Standards for Principal Uses in Base Zoning Districts 2 * * * * * * * * * * * * * 3 D. Exemptions and exclusions from design standards. 4 * * * * * * * * * * * * * 5 13. Permanent emergency generators may be placed within the rear yard with a 10-6 foot rear yard setback. Permanent emergency generators may encroach into side 7 yards up to 36 inches. Generators are not permitted to encroach into required front 8 yards. Above-ground fuel tanks for the generators are subject to the same 9 setbacks; however, underground tanks are not subject to setback requirements. In 10 order to reduce noise during required routine exercising of the generators, this 11 exercising is restricted to operating the generator for no more than 30 minutes 12 weekly during the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level 13 limits for Manufacturing and Industrial uses as set forth in Ordinance 90-17, the 14 Noise Ordinance, as amended. All permanent emergency generators must be 15 equipped with sound attenuating housing to reduce noise. 16 a. Facilities with fuel pumps. Permanent emergency generators and related 17 fuel storage installed at existing facilities with fuel pumps may encroach 18 into any required side or rear yards, provided the encroachment does not 19 create a hazard to pedestrian or vehicular traffic. 20 b. Assisted living facilities and nursing homes. Permanent emergency 21 generators and related fuel storage installed at existing assisted living 22 facilities or nursing homes that are subject to LDC section 5.05.04 E. may 23 encroach into any required side or rear yards or buffers, provided the 24 encroachment does not create a hazard to pedestrian or vehicular traffic. 25 # # # # # # # # # # # # # 26 27 4.05.04 – Parking Space Requirements 28 * * * * * * * * * * * * * 29 F. Minimum requirement. 30 1. Irrespective of any other requirement of this LDC, each and every separate 31 individual store, office, or other business shall be prov ided with at least one (1) 32 off-street parking space, unless specific provision is made to the cont rary. 33 2. Existing facilities with fuel pumps that meet the off -street parking requirements 34 of LDC section 4.05.04 G. may remove one required off-street parking space to 35 accommodate the installation of a permanent emergency g enerator and related 36 fuel storage and screening. 37 3. Existing assisted living facilities or nursing homes that are subject to LDC section 38 5.05.04 E. and that meet the required off -street parking requirements of LDC 39 section 4.05.04 G., may remove up to 10 off -street parking spaces to 40 accommodate the installation of a permanent emergency generator and related 41 fuel storage and screening. 42 9.C.5 Packet Pg. 109 Attachment: Attachment E - Exemptions to Development Standards (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Exemptions to Development Standards 06-06-2018 (For BCC 06-26-2018).docx 24. The County Manager or designee may determine the minimum parking 1 requirements for a use which is not specifically referenced below or for which an 2 applicant has provided evidence that a specific use is of such a unique nature 3 that the applicable minimum pa rking ratio listed in this LDC should not be applied. 4 In making such a determination the County Manager or designee may require 5 submission of parking generation studies; evidence of parking ratios applied by 6 other counties and municipalities for the specif ic use; reserved parking pursuant 7 to section 4.05.05; and other conditions and safeguards deemed to be 8 appropriate to protect the public health, safety and welfare. 9 # # # # # # # # # # # # # 10 11 4.06.05 – General Landscaping Requirements 12 * * * * * * * * * * * * * 13 C. Building foundation plantings. All commercial buildings, residential buildings with 3 or more 14 units, and retail and office uses in industrial buildings shall provide building foundation 15 plantings in the amount set forth in table 4.06.05.C. and illustration 4.06.05.C. These 16 planting areas shall be located adjacent to building entrance(s), primary façades, and/or 17 along façades facing a street. For projects subject to architectural design standards, see 18 LDC sections 5.05.08 E.—F. for related provisions. 19 * * * * * * * * * * * * * 20 10. Existing facilities with fuel pumps may reduce the required building foundation 21 planting area to accommodate the installation of a permanent emergency 22 generator and related fuel storage and screening. The reduction in building 23 foundation planting area shall be less than or equal to the total area that is required 24 to accommodate the generator and related fuel storage and screening. 25 11. Existing assisted living facilities or nursing homes subject to LDC section 5.05.04 26 E. may reduce the required building foundation planting area to accommodate the 27 installation of a permanent emergency generator and related fuel storage and 28 screening. The reduction in building foundation planting area shall be less than or 29 equal to the square feet required to accommodate the generator and related fuel 30 storage and screening. 31 # # # # # # # # # # # # # 32 33 10.02.03 – Requirements for Site Development, Site Improvement Plans and Amendments 34 thereof 35 * * * * * * * * * * * * * 36 D. Site Development Plan Requirements (SDP). A pre-application meeting shall be 37 conducted by the County Manager or designee prior to the submission of any site 38 development plan for review. This meeting may be waived by the County Manager or 39 designee upon the request of the applicant. 40 1. Application. The Administrative Code shall establish the process and submittal 41 requirements for a site development plan. A site development plan application 42 shall include, but not be limited to, the following information in order to illustrate 43 compliance with LDC standards and other State, Federal, and local agency 44 requirements. 45 a. Zoning designation of the subject and adjacent properties. 46 b. Site plan with existing and proposed buildings and structures, including 47 equipment, permanent emergency generators and relate d fuel storage 48 and screening, dimensions, heights, setbacks, and separations. 49 Parking, open space, preserves, and other applicable land uses shall be 50 identified on the site plan. 51 9.C.5 Packet Pg. 110 Attachment: Attachment E - Exemptions to Development Standards (5722 : LDC Amendments (Post-Hurricane Irma)) Text underlined is new text to be added Text strikethrough is current text to be deleted 4 G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\06-26-2018\Irma Response - Exemptions to Development Standards 06-06-2018 (For BCC 06-26-2018).docx c. Architectural plans. 1 d. Environmental Data, as applicable. 2 e. Landscape plans. 3 f. Streetlight plans. 4 g. Transportation system, sidewalks, and pathways, including all ADA 5 information. 6 h. Stormwater management plan including all technical specifications and 7 design computations. 8 i. Utility information, including existing and proposed facilities. 9 j. Trash and recycling information. 10 k. Building plans. 11 l. Information from the Fire Code, including Fire Hydrant Flow test report, 12 if applicable. 13 m. Information from the Standard Building Code, including type of 14 construction, number of stories, total square footage under roof, 15 occupancy/use and fire sprinkler intentions of all proposed structures so 16 that a fire flow may be determined. 17 n. Site construction plans, including all technical specifications and design 18 computations. 19 o. Any additional relevant information as may be required by the County 20 Manager or designee. 21 # # # # # # # # # # # # # 22 9.C.5 Packet Pg. 111 Attachment: Attachment E - Exemptions to Development Standards (5722 : LDC Amendments (Post-Hurricane Irma)) 1 JohnsonEric From:SummersDan Sent:Wednesday, June 13, 2018 5:40 PM To:FrantzJeremy Cc:SummersEllen; JohnsonEric Subject:FW: Support Letter- IRMA -EM- LDC matters Attachments:Letter-2018 06-04 BOCC-Support of LDC Amendments.pdf Jeremy Please see the attached for your consideration for future placement in the record as you deem appropriate. Thanks again! Dan Summers From: Lori Freiburg [mailto:lfreiburg@northcollierfire.com] Sent: Wednesday, June 13, 2018 5:30 PM To: SummersDan <Daniel.Summers@colliercountyfl.gov> Subject: Fwd: Support Letter Did you receive this one? ---------- Forwarded message --------- From: Lori Freiburg <lfreiburg@northcollierfire.com> Date: Wed, Jun 13, 2018 at 4:50 PM Subject: Support Letter To: Dan Summers <Dan.Summers@colliercountyfl.gov> Dan...let me know if you get this....Lori Lori Freiburg Executive Assistant to Fire Chief James Cunningham North Collier Fire Control and Rescue District 1885 Veterans Park Drive Naples, FL 34109 Direct: (239) 552-1357 Main: (239) 597-3222 -- Lori Freiburg Executive Assistant to Fire Chief James Cunningham North Collier Fire Control and Rescue District 1885 Veterans Park Drive Naples, FL 34109 Direct: (239) 552-1357 Main: (239) 597-3222 9.C.6 Packet Pg. 112 Attachment: Attachment F - Letter of Support (5722 : LDC Amendments (Post-Hurricane Irma)) 2 Information contained in this email is subject to public records release pursuant to Florida Statute 119. This message, together with any attachments, is intended only for the addressee. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use or any action or reliance upon this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by return e-mail, and delete the message and any attachments. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 9.C.6 Packet Pg. 113 Attachment: Attachment F - Letter of Support (5722 : LDC Amendments (Post-Hurricane Irma)) COLLIER COUNTY FIRE AND EMS CHIEFS’ ASSOCIATION 14575 Collier Boulevard  Naples, FL 34116 June 4, 2018 Andy Solis, Esq. Chairman Board of County Commissioners Collier County 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Dear Chairman Solis, At the May 23, 2018 Collier County Fire & EMS Chiefs’ Association (CCFEMSCA) meeting, the Chiefs unanimously voted to support the following Land Development Code Amendments:  5.05.04 Group Housing  5.05.05 Facilities with Fuel Pumps  Associated amendments: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, 4.05.04 Parking Space Requirements, 4.06.05 General Landscaping Requirements and 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments thereof The aftermath of Hurricane Irma demonstrated the need for these amendments, and the CCFEMSCA fully understands their importance. The CCFEMSCA respectfully requests that the Board of County Commissioners consider approving these amendments. Sincerely, James Cunningham President, Collier County Fire and EMS Chiefs’ Association Fire Chief, North Collier Fire Control and Rescue District cc: Board of County Commissioners Leo Ochs, County Manager Dan Summers, Collier County Bureau of Emergency Services & Emergency Management Collier County Fire and EMS Chiefs’ Association 9.C.6 Packet Pg. 114 Attachment: Attachment F - Letter of Support (5722 : LDC Amendments (Post-Hurricane Irma)) 9.C.7 Packet Pg. 115 Attachment: Legal Ad - Agenda ID 5722 (5722 : LDC Amendments (Post-Hurricane Irma))