Agenda 06/09/2020 Item #17D (Ordinance - Amending Ordinance 04-41)06/09/2020
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 amend the timing of required inspections for
communications towers, to add a nominal alteration plan to simplify the review of certain changes
to site development plans, to limit architectural lighting on buildings and lighting on car wash
equipment, to clarify public notice provisions for certain land use petitions, and to correct citations
and update text, 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 One - General Provisions, including Section 1.08.02 Definitions; Chapter Two -
Zoning Districts and Uses, including Section 2.03.05 Civic and Institutional Zoning Districts,
Section 2.03.07 Overlay Zoning Districts, Section 2.03.08 Rural Fringe Zoning Districts; Chapter
Four - Site Design and Development Standards, including Section 4.06.02 Buffer Requirements;
Chapter Five - Supplemental Standards, including Section 5.03.06 Dock Facilities, Section 5.05.08
Architectural and Site Design Standards, Section 5.05.09 Communications Towers, Section 5.05.11
Carwashes Abutting Residential Zoning Districts; Chapter Nine - Variations from Code
Requirements, including Section 9.04.04 Specific Requirements for Minor After-the-Fact
Encroachments; Chapter Ten - Application, Review, and Decision-Making Procedures, including
Section 10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments
Thereof, Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Appendix A
Standard Performance Security Documents for Required Improvements; and Appendix C Final
Subdivision Plat, Required Certifications and Suggested Text and Formats for Other Required
Information; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County
Land Development Code; and Section Six, Effective Date. (This is a companion to Agenda Item
16.A.1)
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the proposed Land
Development Code (LDC) amendments.
CONSIDERATIONS: The LDC amendments are related to various types of amendments, including:
1. Building Illumination (LDC Sections 1.08.02, 5.05.08, and 5.05.11) - This amendment is the
result of Board direction to address certain types of lighting on buildings that can become a
nuisance, or which may be out of character with the surrounding community. This amendment
clarifies the difference between accent lighting and architectural lighting, adds limitations to the
illumination of buildings to the architectural and site design standards, and prohibits lighting that
changes color, flashes, or alternates more than once per day on buildings subject to architectural
and site design standards and on car wash equipment. On March 10, 2020, the Board directed
staff to apply these standards to new and existing buildings.
2. Communication Towers (LDC Section 5.05.09) - This amendment changes the required
timeframes between inspections for guyed and self-supporting communication towers so that they
are less frequent and consistent with industry standards.
3. Nominal Alteration Plan (LDC Section 10.02.03) - This amendment codifies the Nominal
Alteration Plan (NAP) process, a more streamlined review of limited, minor changes to approved
Site Development Plans (SDP) and Site Improvement Plans (SIP), or to sites without an existing
SDP or SIP.
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4. Public Notice (LDC Section 10.03.06) - This amendment clarifies the method of public notice for
several petition types that require a public hearing and updates requirements based on current
notice policies.
5. Scrivener’s Errors (LDC Sections 2.03.05, 2.03.07, 2.03.07, 2.03.08, 4.06.02, 5.03.06, 9.04.04,
Appendix A, and Appendix C) - This amendment corrects scrivener’s errors, cross-references
from previously approved LDC amendments and updates the current Clerk of Court’s signatory
block for standard performance security documents, plats and required certifications.
DSAC RECOMMENDATION: The DSAC reviewed the amendments in August and October 2019, and
recommended approval of the amendments as presented.
CCPC RECOMMENDATION:
1. Building Illumination - The CCPC recommended approval of the LDC amendment, as presented
on November 21, 2019.
2. Communication Towers - The CCPC recommended approval of the amendment by a vote of 5-1,
on November 21, 2019. The dissenter (Commissioner Fryer) had concerns about relaxing a
safety requirement.
3. Nominal Alteration Plan - The CCPC recommended approval of the LDC amendment, as
presented on November 21, 2019.
4. Public Notice - The CCPC recommended approval of the proposed LDC amendment, as
presented on December 19, 2019.
5. Scrivener’s Errors - The CCPC recommended approval of the proposed LDC amendment, as
presented on November 21, 2019.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires an
affirmative vote of four for Board approval. (HFAC)
GROWTH MANAGEMENT IMPACT: To approve an Ordinance, amending Ordinance 04-41, as
amended, and to direct staff as to any changes.
RECOMMENDATION: Staff recommends that the Board approves the attached ordinance.
Prepared by: Ellen Summers, MPA, Senior Planner, Zoning Division
ATTACHMENT(S)
1. LDC draft ordinance_032320 (PDF)
2. LDC Amendment - Building Illumination 05-18-2020 (PDF)
3. LDC Amendment- Nominal Alteration Plan 05-18-2020 (PDF)
4. LDC Amendment-Communication Towers 05-18-2020 (PDF)
5. LDC Amendment- Public Notice 05-18-2020 (PDF)
6. LDC Amendment- Scrivener's Errors and Cross References 05-18-2020 (PDF)
7. Legal Ad 20200520115437671 4 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D
Doc ID: 12102
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 amend the timing of required
inspections for communications towers, to add a nominal alteration plan to simplify the review of certa in
changes to site development plans, to limit architectural lighting on buildings and lighting on car wash
equipment, to clarify public notice provisions for certain land use petitions, and to correct citations and
update text, 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 One – General Provisions; Chapter Two – Zoning Districts and Uses; Chapter Four – Site Design
and Development Standards; Chapter Five – Supplemental Standards; Chapter Nine – Variations from
Code Requirements; Chapter Ten – Application, Review, and Decision-Making Procedures; Appendix A
Standard Performance Security Documents for Required Improvements; and Appendix C Final
Subdivision Plat, Required Certifications and Suggested Text and Formats for Other Required
Information; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. (This is a companion to Agenda Item 16.A.1)
Meeting Date: 06/09/2020
Prepared by:
Title: Planner – Zoning
Name: Ellen Summers
03/24/2020 2:01 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
03/24/2020 2:01 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/24/2020 3:11 PM
Zoning Jeremy Frantz Additional Reviewer Completed 03/31/2020 8:48 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/31/2020 10:29 AM
Growth Management Department James C French Deputy Department Head Review Completed 03/31/2020 11:30 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 05/21/2020 10:24 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/21/2020 11:40 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/21/2020 4:15 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/28/2020 2:34 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/01/2020 7:52 AM
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Board of County Commissioners MaryJo Brock Meeting Pending 06/09/2020 9:00 AM
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190001080
SUMMARY OF AMENDMENT
This amendment makes several changes to lighting standards related to
commercial development in order to limit certain types of lighting that may
be distracting or out of character with the surrounding community.
LDC SECTION TO BE AMENDED
1.08.02 Definitions
5.05.08 Architectural and Site Design Standards
5.05.11 Carwashes Abutting Residential Zoning Districts
ORIGIN
Board of County
Commissioners
HEARING DATES
BCC 06/09/2020
03/10/2020
CCPC 11/21/2019
DSAC 08/07/2019
DSAC-LDR 06/18/2019
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with Changes
DSAC
Approval
CCPC
Approval
BACKGROUND
Lighting technology advances have led to the development of architectural lighting that includes a wide
variety of designs and colors. Recently, some new construction projects in the county have included
multi-colored, flashing light displays. These installations have caused concern for being distracting and
a nuisance to motorists and the surrounding neighborhood.
On February 26, 2019, the Board of County Commissioners (Board) directed staff to draft an ordinance
to address certain types of lighting on buildings that can become a nuisance, or which may be out of
character with the surrounding community. Staff has also received complaints from the public regarding
lighting of mechanical equipment at car washes. This amendment addresses three lighting issues:
1. Clarifies the difference between accent lighting and architectural lighting,
2. Adds limitations to the illumination of buildings to the architectural and site design standards,
and
3. Prohibits lighting that changes color, flashes, or alternates more than once per day on buildings
subject to architectural and site design standards and on car wash equipment.
Collier County’s definition of accent lighting is limited to “strands or tubes of lighting that outline a
structure.” This form of lighting is prohibited by the sign code in LDC Section 5.06.00. This
prohibition was intended to be limited to “exposed” strands or tubes of lighting. However, there are
some forms of lighting that outline a structure but do not include exposed lighting, and therefore
should not be prohibited (See Exhibit A). This amendment clarifies the definition and prohibition of
accent lighting to only include exposed lighting.
Additionally, signage is not permitted to include lights that change color, flash, or alternate. This
amendment applies a similar standard to building facades by adding building illumination standards to
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the architectural and site design standards in LDC Section 5.05.08 F.7, and to the lighting of car wash
equipment at carwashes abutting residential zoning districts in LDC Section 5.05.11.
The addition of building illumination standards to the Site Design and Architectural Standards is
consistent with the approach of several other communities. Standards related to colors of architectural
lighting, or whether lights change color, flash, or alternate, are found throughout Florida (See Exhibit
C).
DSAC-LDR Subcommittee Recommendation
DSAC-LDR Subcommittee reviewed the amendment on June 18, 2019, and the following recommended
changes were incorporated into the amendment:
• The amendment should only apply to lights visible from a public right-of-way or adjacent
single-family residential districts.
• Allow for lights to change color if the change occurs over a longer timeframe and doesn’t
simulate flashing.
• Reference “architectural features” rather than “walls and windows” in section 5.05.08 F.7.d.i.
• The language in 5.05.11 J should reference “equipment,” rather than “car wash equipment.”
The Subcommittee also recommended that the amendment should apply to new permit applications only.
This recommendation has not been incorporated into the amendment because it would make the standard
ineffective at addressing lighting issues for existing development. On March 10, 2020, the Board directed
staff to apply the proposed standards to new and existing buildings.
FISCAL & OPERATIONAL IMPACTS
This amendment may result in businesses that are
to become non-conforming with lighting
restrictions. Businesses will bear any cost
associated with removing or replacing previously
installed lighting, if necessary. County reviews of
architectural plans will require applicants to
indicate lighting colors and color changes. There
are no anticipated fiscal impacts to Collier County
associated with this amendment.
GMP CONSISTENCY
The Growth Management Plan’s (GMP) land use
elements (Future Land Use Element, Golden Gate
Area Master Plan, Immokalee Area Master Plan)
contain subdistricts and overlays that identify
allowable uses, densities and intensities; some
contain development standards, but most do not.
No Elements of the GMP address or restrict
lighting in the detail addressed in this LDCA. The
LDC may be more restrictive than the GMP but
not less restrictive. Based upon the above analysis,
the proposed LDC amendment may be deemed
consistent with the GMP.
EXHIBITS: A) Architectural Lighting Examples; B) Accent Lighting Examples; and C) Architectural
and Accent Lighting in Other Communities
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Amend the LDC as follows:
1
1.08.02 – Definitions 2
3
Abut or abutting: To share a common property line or boundary at any one point. 4
5
Accent lighting: Strands Exposed strands or tubes of lighting that outline a structure, or to 6
maintain a common architectural theme to attract attention to any business, service, or other 7
related functions. 8
9
# # # # # # # # # # # # # 10
11
5.05.08 – Architectural and Site Design Standards 12
* * * * * * * * * * * * * 13
F. Site design standards. Compliance with the standards set forth in this section must be 14
demonstrated by submittal of architectural drawings and a site development plan in 15
accordance with the Administrative Code and LDC section 10.02.03. 16
* * * * * * * * * * * * * 17
7. Lighting. See LDC sections 4.05.02 D and 6.06.03 for additional requirements. 18
19
a. Purpose and intent. All building sites and projects, including outparcels, 20
shall be designed to provide safe, convenient, and efficient lighting for 21
pedestrians and vehicles. Lighting must be designed in a consistent and 22
coordinated manner for the entire site. The lighting and lighting fixtures 23
must be integrated and designed so as to enhance the visual impact of the 24
project on the community and blend with the landscape. 25
26
b. Shielding standards. Lighting must be designed so as to prevent direct 27
glare, light spillage and hazardous interference with automotive and 28
pedestrian traffic on adjoining streets and all adjacent properties. Light 29
sources must be concealed or shielded. 30
31
c. Height standards. Lighting fixtures within the parking lot must be a 32
maximum of 25 feet in height, and 15 feet in height for the non-vehicular 33
pedestrian areas. 34
35
d. Design standards. Lighting must be used to provide safety while accenting 36
key architectural elements and to emphasize landscape features. Light 37
fixtures must complement the design of the project. This can be 38
accomplished through style, material or color. 39
40
i. When visible from a public right-of-way or from an adjacent 41
residential property, the illumination of new or existing building 42
facades, architectural features, or windows with lights that change 43
color, flash, or alternate at intervals more frequently than once per 44
day is prohibited. 45
46
e. Illumination. Background spaces, such as parking lots, shall be illuminated 47
as unobtrusively as possible to meet the functional needs of safe circulation 48
and of protecting people and property. Foreground spaces, including 49
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building entrances and plaza seating areas, must utilize local lighting that 1
defines the space. 2
3
# # # # # # # # # # # # # 4
5
5.05.11 - Carwashes Abutting Residential Zoning Districts 6
7
A. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be 8
allowed. 9
10
B. Minimum yards. 11
12
1. Front yard setback: fifty (50) feet. 13
14
2. Side yard setback: forty (40) feet. 15
16
3. Rear yard setback: forty (40) feet. 17
18
C. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated 19
street or highway. 20
21
D. Minimum lot size is 18,000 square feet. 22
23
E. If a carwash, vacuum station, or compressed air station abuts a residential district, a 24
masonry or equivalent wall constructed with a decorative finish, six (6) feet in height shall 25
be erected along the lot line opposite the residential district and the lot lines perpendicular 26
to the lot lines opposite the residential district for a distance not less than fifteen (15) feet. 27
The wall shall be located within a landscaped buffer as specified in section 4.06.00. All 28
walls shall be protected by a barrier to prevent vehicles from contacting them. 29
30
F. The building shall maintain a consistent architectural theme along each building façade. 31
32
G. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control 33
Ordinance [Code ch. 54, art. IV]. 34
35
H. The washing and polishing operations for all car washing facilities, including self-service 36
car washing facilities, shall be enclosed on at least two sides and shall be covered by a 37
roof. Vacuuming facilities may be located outside the building, but may not be located in 38
any required yard area. 39
40
I. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 41
42
J. The illumination of equipment with lights that change color, flash, or alternate at intervals 43
more frequently than once per day is prohibited on new or existing car washes when visible 44
from a public right-of-way or from an adjacent residential property. 45
46
# # # # # # # # # # # # #47
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Exhibit A –Architectural Lighting Examples
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Staff image
Staff image
Staff image
www.mhkap.com/commercial
Staff image https://energyefficientdevices.org/led-outdoor-sign-lighting-
fixtures.html
https://decorsusa.com/wp-content/uploads/2018/01/IHG-
BRAND-LIGHTING-14.jpg
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Exhibit B –Accent Lighting Examples
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Accent lighting using “tubes or strands” Architectural lighting
http://accentledlighting.com/wp-content/uploads/2016/12/e-
Accent-LED-restaurant-perimeter.jpg
Source: Staff correspondence Re: PRBD20160518424
https://upload.wikimedia.org/wikipedia/commons/3/3c/Dalla
s_Bank_of_America_Plaza_top_night.jpg
Source: Staff correspondence Re: PRBD20160518424
Source: Staff correspondence Re: PRBD20160518424 Source: Staff correspondence Re: PRBD20160518424
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Exhibit C – Architectural & Accent Lighting in Other
Communities
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Community
and Citation
Architectural and Accent Lighting Standards (Bold emphasis added)
City of
Sunrise
16-140 (4)
(4) Building façade lighting. Exterior building lighting shall be in accordance
with the following requirements:
a. Floodlights, spotlights, or any other similar lighting shall not be used to
illuminate buildings, structures, or other site features unless approved as an
integral architectural element on the site plan. On -site lighting may be used
to accent architectural elements but not used to illuminate an entire façade of
a building. Temporary lighting such as strip lighting is prohibited unless in
accordance with subsection (b) below. Where accent lighting is used, the
maximum illumination on any vertical surface or angular roof surface shall
not exceed 5.0 average maintained footcandles. Building façade and accent
lighting will not be approved unless the light fixtures are compatible in
design, and located, aimed, and shielded so that light is directed only onto
the building facade and spillover light is minimized.
b. Holiday lights and decorations are prohibited except between November
15 and January 5 provided they do not cause excessive glare that creates a
public safety hazard.
Brevard
County
62-2257
(4) Accent lighting is hereby defined as the lighting of area(s) within a site
which emphasizes key architectural elements of the site's building(s),
particular objects such as a piece of art or retail displays, or landscaped areas
without creating shadows or hot spots resulting in uneven site lighting
conditions. All lighting fixtures (cut -off or non cut-off) utilized to provide
accent lighting shall be so designated on the site's engineered site plan.
Accent lighting fixtures providing illumination for sp ecific portions of a
building's wall area are known as wall -washers. Wall-washer light fixtures
are cut-off or non cut-off lighting fixtures normally mounted at ground level
and aimed at an upward angle to cast illumination upon an adjacent
building's wall. Up-lighting is the term used to describe the lighting of
objects located above the horizontal plane of the lighting fixture. Down -
lighting is the term used to describe the lighting of objects located below the
horizontal plane of the lighting fixture. Ac cent lighting fixtures which utilize
up-lighting or are used to illuminate landscape vegetation shall be limited to
a maximum 5.0 foot-candles lighting threshold in order to limit the adverse
impacts of light pollution (illumination of the night sky). Acce nt lighting
fixtures which utilize down -lighting shall be limited to a reduced 35.0 foot -
candle maximum lighting threshold in order to limit the adverse impacts of
glare and reflection.
City of St.
Petersburg
16.90.020 (3)
(3) Accent lighting. Accent lighting is lighting that is designed to emphasize the
shape, texture, finish, or color of a portion of an exterior wall or an architectural
feature.
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Exhibit C – Architectural & Accent Lighting in Other
Communities
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Lee County
34-2
Non-essential lighting means lighting that is not necessary for an intended
purpose after the purpose has been served. For example, lighting for a business
sign, architectural accent lighting, and parking lot lighting, may be considered
essential during business or activity hours, but is considered non-essential once
the activity or business day has concluded.
City of Palm
Beach
Gardens
78-751
Accent lighting means any lighting that is used to enhance, highlight, or define
specific elements of landscaping, art, or architecture.
City of Miami
Gardens
34-417 (4)
(4) Building and accent lighting.
a. Lighting of buildings. All exterior building lighting, including entry, facade,
rooftop, security, and accent lighting shall conform to the requirements
provided below:
1. Permitted lighting. Exterior lighting may be used to illuminate a building and
its grounds for safety purposes, so long as the lighting is done in a manner that
is aesthetically pleasing compatible with the overall surroundings, and in
compliance with this section.
2. Compatibility. Lighting shall be installed in a manner that is compatible
with the neighborhood and adjacent development, and protects dark skies.
3. Fixtures. All fixtures used in exterior building lighting are to be selected for
functional and aesthetic value. Light fixtures shall not be directly beamed
upward or toward adjacent properties and pedestrian areas.
4. Accent lighting for nonresidential and multifamily buildings. Accent lighting
for architectural and/or aesthetic purposes is permitted subject to the following
restrictions:
(i) All upward-aimed lights shall be fully shielded from projecting into the sky
by eaves, roofs, or overhangs.
(ii) Strings of lights or other similar accent lighting may be installed on trees
and landscaping and on buildings below the roofline provided: Light strings
shall not be suspended horizontally between any buildings, walls, fences, trees,
or shrubs. Strings of light shall contain only low wattage clear bulbs (less than
100 lumens) without interior or exterior frosting, colors or reflectors.
(iii) Integration with form. Lighting which mimics the architectural lines of
the building or part of the building, unless otherwise allowed in this
section, shall only be permitted by approval of an administrative petition.
City of
Daytona
Beach
6.9 D
D. Prohibited Lighting. The following exterior lighting is prohibited:
1. Light fixtures that imitate an official highway or traffic control light or sign;
2. Light fixtures in the direct line of vision with any traffic control light or sign;
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Exhibit C – Architectural & Accent Lighting in Other
Communities
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&
6.10 M
3. Light fixtures that have a flashing or intermittent pattern of
illumination, except electronic message center signage permitted in accordance
with Section 6.10.J.7, Electronic Message Center Signs;
4. Privately-owned light fixtures located in the public right-of-way; and
5. Searchlights, except when used by Federal, State or local authorities.
* * * * *
M. Architectural Accent Lighting.
1. Architectural accent lighting is nonblinking fiber optic, neon, or
incandescent light applied as an architectural enhancement to accent the
roof edge or details of a commercial building. Fiber optics may change
color but not so rapidly as to simulate blinking lights.
2. All architectural accent lighting shall meet the following requirements.
a. The lighting shall be designed as an integral architectural element of the
building and accent significant architectural aspects of the building.
b. The color of the accent lighting shall be harmonious with the building,
surrounding buildings, and the site.
3. In Redevelopment Areas, architectural accent lighting shall be subject to
approval of the Redevelopment Board for the area. In all other areas of the City,
architectural accent lighting shall be subject to review and approval by City
staff.
City of Palm
Springs
34-332
Accent lighting of a building facade for architectural, aesthetic, or decorative
purposes is permitted subject to the following restrictions:
(1) All upward-aimed lights shall be fully shielded from projecting into the sky
by eaves, roofs, overhangs, artwork, or architectural elements.
(2) Strings of lights or other similar accent lighting may be installed on trees
and landscaping and on buildings below the roofline provided:
a. Strings of lights shall not be suspended horizontally between any buildings,
walls, fences, trees, or shrubs.
b. Strings of light shall contain only low wattage clear bulbs (less than 100
lumens) without interior or exterior frosting, colors, or reflectors.
(3) Integration with form. Lighting following the form of the building or part of
the building, unless otherwise permitted in this section, shall only be permitted
as a component of site plan/architectural approval by the village council.
17.D.2
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Communities
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City of
Casselberry
3-10.2 B
Accent lighting. Decorative lights used to draw attention to particular features
or objects such as plants, trees, walls, fountains, or buildings. Such lights shall
be aimed to accentuate shadows or to highlight a particular object at night.
Accent lights shall not impact safety and security, such as masking steps or
ledges, or produce glare such that a person or property owner cannot see
properly. They shall be limited to low voltage systems of 12 volts or 24 volts.
The lighting should aesthetically enhance the overall site and not create
glare or light trespass.
City of South
Miami
20-3.6 (U)(D)
(D) Definitions as used in this section.
1. Accent lighting means any directional lighting which emphasizes a particular
object or draws attention to a particular area.
City of Lake
Park
5-10
Sec. 5-10. - Exterior architectural lighting.
A. General. The term "exterior lighting," as used in this section, shall mean any
variety of lighting forming an integral part of a building. Such lighting shall
meet the following requirements and shall be subject to final approval by the
jurisdiction.
B. Limitations. Exterior lighting shall not:
1. Flash, revolve, flutter or be animated;
2. Obstruct the vision of pedestrians.
3. Project into or over any public street right-of-way including the sidewalk;
4. Obstruct or interfere with any door, fire exit, stairway, ladder or opening
intended to provide light, air, ingress or egress;
5. Constitute a traffic hazard or be a detriment to traffic safety.
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190001257
SUMMARY OF AMENDMENT
This amendment codifies the Nominal Alteration Plan process, a more
streamlined review of limited, minor changes to approved SDPs and SIPs,
or to sites without an existing SDP or SIP.
LDC SECTIONS TO BE AMENDED
10.02.03 Requirements for Site Development, Site Improvement Plans
and Amendments thereof
ORIGIN
Growth Management
Department
HEARING DATES
BCC: 03/10/20 &
06/09/20
CCPC: 11/21/19
DSAC: 08/07/19
DSAC-LDR: 06/18/19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
Approval
BACKGROUND
Currently, all development, except as identified in LDC section 10.02.03 A.3, is required to comply with
an approved Site Development Plan (SDP) or Site Improvement Plan (SIP) prior to a building permit or
certificate of occupancy being issued. This requirement ensures that all development is designed and
constructed in compliance with all the relevant provisions of the LDC. Throughout the development
process, development plans may change, or errors may be found in approved SDPs or SIPs, requiring an
amendment or insubstantial change.
Frequently, proposed changes to these plans would have minimal impacts to the overall development
and do not warrant the same level of review as SDPs, SIPs, or amendments thereof. In these instances,
staff has used an alternative process that allows for limited staff review, abbreviated review timeframes
(five days), lower fees, and the ability to exchange sheets without resubmitting the entire plan set when
appropriate.
In conjunction with an Administrative Code amendment (See Attachment A), this LDC amendment
codifies the Nominal Alteration Plan (NAP) process, for certain types of scrivener’s errors that do not
include changes to the site layout, and the following four changes or modifications:
• Mechanical air equipment and subsequent concrete pads;
• Permanent emergency generators;
• Above- or below-ground fuel tanks; or
• Carports or shade structures that do not increase impervious area calculations.
DSAC-LDR Subcommittee Recommendation
The DSAC-LDR Subcommittee recommended approval of the LDC amendment, as presented.
DSAC Recommendation
The DSAC recommended approval of the LDC amendment, as presented.
17.D.3
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CCPC Recommendation
The CCPC recommended approval of the LDC amendment, as presented.
FISCAL & OPERATIONAL IMPACTS
This amendment codifies an existing review
process, therefore there are no anticipated fiscal
or operational impacts associated with this
amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed
by Comprehensive Planning staff and may be
deemed consistent with the GMP.
ATTACHMENTS: A) Proposed Administrative Code Section
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Amend the LDC as follows:
1
10.02.03 - Requirements for Site Development, Site Improvement Plans and Amendments 2
thereof 3
4
A. Generally. 5
6
1. Purpose. The intent of this section is to ensure compliance with the appropriate 7
land development regulations prior to the issuance of a building permit. This 8
section is further intended to ensure that the proposed development complies 9
with fundamental planning an d design principles such as: consistency with the 10
county's growth management plan; the layout, arrangement of buildings, 11
architectural design and open spaces; the configuration of the traffic circulation 12
system, including driveways, traffic calming devices, parking areas and 13
emergency access; the availability and capacity of drainage and utility facilities; 14
and, overall compatibility with adjacent development within the jurisdiction of 15
Collier County and consideration of natural resources and proposed impac ts on 16
those resources. 17
18
2. Applicability. All development, except as identified in LDC section 10.02.03 A.3, 19
is subject to the provisions of this section. 20
21
a. No building permit or certificate of occupancy shall be issued except in 22
compliance with the following:approved site development plan, site 23
improvement plan, amendment thereof, or pursuant to an approved 24
Early Construction Authorization permit. 25
i. Approved site development plan or site improvement plan, and 26
amendment thereof; 27
28
ii. Approved nominal alteration plan; or 29
30
iii. Approved early construction authorization permit. 31
32
b. No final local development order shall be issued or renewed for any 33
regulated development that would allow development or change in use 34
in violation of the LDC. 35
36
c. All final local development orders issued in violation of the LDC are 37
deemed invalid, and shall not confirm or vest any development right or 38
property interest on the owner/operator or regulated development. 39
40
d. Violation of the terms identified in the approved site development plan, 41
site improvement plan, and amendments thereof shall constitute a 42
violation of the LDC. 43
44
45
* * * * * * * * * * * * * 46
47
E. Site Improvement Plan Requirements (SIP). 48
49
17.D.3
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1. Criteria for site improvement plan review. A site improvement plan may be 1
reviewed if the development proposal meets all of the following criteria: 2
3
a. The project involves a site which is currently improved with principal 4
structures, parking facilities, water and sewer services, and defined 5
ingress/egress. 6
7
b. The proposed use will not require an expansion of the existing 8
impervious areas to a degree which would require an engineering review 9
or otherwise affect on-site surface water management facilities as may 10
be documented by waiver letters from the South Florida Water 11
Management District or Collier County where applicable. 12
13
c. Written documentation from appropriate agencies acknowledging that 14
water and sewer services are available at the site and are adequate to 15
serve the proposed use. 16
17
d. Public utility ancillary systems in Collier County will be permitted as 18
insubstantial changes to the Site Development Plan or Site Improvement 19
Plan approved for the water treatment plant, wastewater treatment plant 20
or other facility to which the public utility ancillary systems are 21
subordinate, provided that the requirements of Section 5.05.12 are met. 22
More than one (1) ancillary use may be permitted with one (1) application 23
provided that all uses are connected by the same pipeline. The 24
insubstantial change submittal shall include a signed and sealed 25
boundary survey of the property or lease parcel; a copy of recorded deed 26
or lease agreement; a recent aerial photograph of the project area; a 27
master plan showing all public utility ancillary systems subordinate to the 28
main water treatment plant, wastewater treatment facility, or irrigation 29
quality (IQ) system; and a site plan prepared on a twenty -four inch by 30
thirty-six inch sheet drawn to scale and setting forth the following 31
information: 32
33
i. The project title, utility owner, address and telephone number. 34
35
ii. Legal description, scale, and north arrow. 36
37
iii. Zoning designation of the subject site(s) and adjacent sites and 38
the proposed use of the subject site. 39
40
iv. Location, configuration and dimensions of all building and lot 41
improvements. 42
43
v. Location and dimension of access point(s) to the site. 44
45
vi. Location of existing and proposed landscaping with 46
specifications as to size, quantity and type of vegetation. 47
48
vii. All required and provided setbacks and separations between 49
structures in matrix form. 50
51
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viii. Any additional relevant information as may be required by the 1
County Manager or designee. 2
3
e. The change does not otherwise qualify for a Nominal Alteration Plan 4
(NAP), identified in LDC section 10.02.03 G.3. 5
6
23. Application for site improvement plans. A pre -application meeting shall be 7
conducted by the County Manager or designee, prior to the submission of any 8
site improvement plan for review. This meeting may be waived by the County 9
Manager or designee upon the r equest of the applicant. 10
11
a. The Administrative Code shall establish the process and submittal 12
requirements for site improvement plans. 13
14
b. Projects subject to the provisions of LDC section 5.05.08 shall submit 15
architectural drawings that are signed and sealed by a licensed architect 16
registered in the State of Florida. 17
18
c. The engineering plans shall be signed and sealed by the applicant's 19
professional engineer, licensed to practice in the State of Florida. 20
21
d. The landscaping plans shall be signed and sealed by the applicant's 22
landscape architect, registered in the State of Florida. 23
24
34. Site improvement plan completion. Upon completion of the required 25
improvements associated with a site improvement plan, and prior to the 26
issuance of a certificate of occupancy, the applicant's engineer shall provide a 27
completion certificate as to the improvements, together with all applicable items 28
referenced in LDC section 10.02.05 B.2. Upon a satisfactory inspection of the 29
improvements, a certificate of occupancy may then be issued. 30
31
* * * * * * * * * * * * * 32
33
G. Amendments and insubstantial changes. Any proposed change or amendment to a 34
previously approved site development plan shall be subject to review and approval by 35
the County Manager or designee. Upon submittal of a plan clearly illustrating the 36
proposed change, the County Manager or designee shall determine whether or not it 37
constitutes a substantial change. In the event th e County Manager or designee 38
determines the change is substantial, the applicant shall be required to follow the 39
review procedures set forth for a new site development plan. 40
41
1. Site development plan amendments (SDPA). A substantial change, requiring a 42
site development plan amendment, shall be defined as any change which 43
substantially affects existing transportation circulation, parking or building 44
arrangements, drainage, landscaping, buffering, identified 45
preservation/conservation areas and other site development plan 46
considerations. 47
48
2. Site development plan insubstantial changes (SDPI). The County Manager or 49
designee shall evaluate the proposed change in relation to the following criteria; 50
for purposes of this section, the insubstantial change procedure shall be 51
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acceptable where the following conditions exist with respect to the proposed 1
change: 2
3
a. There is no South Florida Water Management District permit, or letter of 4
modification, needed for the work and there is no major impact on water 5
management as determined by the Engineering Services Director. 6
7
b. There is no new access proposed from any public street, however minimal 8
right-of-way work may be permitted as determined by the Transportation 9
Planning Director. 10
11
c. There is no addition to existing buildings (air-conditioned space) proposed, 12
however a maximum area of 300 square feet of non-air-conditioned space 13
used for storage, or to house equipment, will be permitted. 14
15
d. There is no proposed change in building footprint or relocation of any 16
building on site beyond that needed to accommodate storage areas as 17
described in LDC section 10.02.03 G.2.c, above. 18
19
e. The change does not result in an impact on, or reconfiguration of, preserve 20
areas as determined by the Natural Resource Director. 21
22
f. The change does not result in a need for additional environmental data 23
regarding protected species as determined by the Natural Resources 24
Director. 25
26
g. The change does not include the addition of any accessory structure that 27
generates additional traffic as determined by the Transportation Planning 28
Director, impacts water management as determined by the Engineering 29
Services Director, or contains air-conditioned space. 30
31
h. There are no revisions to the existing landscape plan that would alter or 32
impact the site development plan (as opposed to only the landscape plan) 33
as determined by the landscape architect. 34
35
i. The change does not otherwise qualify for a Nominal Alteration Plan 36
(NAP), identified in LDC section 10.02.03 G.3., below. 37
38
3. Nominal Alteration Plan (NAP). The NAP can be utilized for changes to projects 39
that have an existing and approved SDP or SIP, and to projects that do not have 40
an existing SDP or SIP. The NAP is limited to one or more of the following 41
changes: 42
43
a. The proposed change corrects a scrivener’s error to an existing and 44
approved site development plan, or site improvement plan, and does not 45
propose an addition to, or modification, of the site layout. This includes the 46
following: 47
48
i. Correction to the building square footage or building construction 49
type; 50
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1
ii. Correction to the parking summary; or 2
3
iii. Addressing changes. 4
5
b. The proposed addition or modification is limited to the following: 6
7
i. Mechanical air equipment and subsequent concrete pads; 8
9
ii. Permanent emergency generators; 10
11
iii. Above- or below-ground fuel tanks; or 12
13
iv. Carports or shade structures that do not increase impervious area 14
calculations. 15
16
* * * * * * * * * * * * * 17
# # # # # # # # # # # # # 18
17.D.3
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
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I.6 Nominal Alteration Plan (NAP)
Reference LDC section 10.02.03 G.3. and other provisions of the LDC.
Applicability This process provides for a nominal change to a site development plan (SDP), site
improvement plan (SIP), or to an existing site in which there is no site development plan.
A nominal alteration plan shall meet the criteria identified in LDC section 10.02.03 G.3.
Pre-Application A pre-application meeting is not required, but the applicant must obtain pre-submittal
authorization from the Development Review Division.
Initiation The applicant files an “Nominal Alteration Plan” application with the Development
Review Division.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Property information, including:
• Project name;
• Most recent approved Site Plan number;
• Section, township, and range; and
• Property identification number.
3. Addressing checklist.
4. Determination from the County Manager or designee that confirms the requested
revisions qualify for the Nominal Alteration Plan.
5. Cover letter describing in detail the proposed changes, including any discussions with
the assigned planner that may be pertinent to the review of the application.
7. Affidavit of Authorization.
8. Proposed Nominal Alteration Plan.
Plan Requirements Sheet size: The Nominal Alteration Plan and the cover sheet (if required), shall be
prepared on a maximum size sheet measuring 24 inches by 36 inches, showing the
areas affected by the change. The sheet must clearly show the change “clouded” and
clearly delineate the area and scope of the work to be done.
1. For projects that have an existing SDP or SIP, the NAP is only required to show the
plan sheets that have changed.
2. For projects that do not have an existing SDP or SIP, a cover sheet with the following
information is required:
• The project title;
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• Applicant contact information;
• Name, address, and telephone number of property owner;
• Zoning designation;
• Vicinity map clearly identifying the location of the development and its
relationship to the surrounding community; and
• Legal description; and
• Property identification number(s) for the subject property.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness. After
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice No notice is required.
Public Hearing No hearing is required.
Decision Maker The County Manager or designee may approve.
Review Process The Development Review Division will review the application, identify whether
additional materials are needed and approve, approve with conditions or deny the
application utilizing the criteria identified in the applicable LDC sections.
Updated
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LAND DEVELOPMENT CODE (LDC) AMENDMENT
PETITION
PL20190001312
SUMMARY OF AMENDMENT
This Land Development Code Amendment (LDCA) changes the time
between required inspections for guyed and self-supporting towers.
LDC SECTIONS TO BE AMENDED
ORIGIN
Growth Management
Department (GMD)
HEARING DATES
Board
CCPC
DSAC
DSAC-LDR
06-09-2020
03-10-2020
11-21-2019
08-07-2019
06-18-2019
5.05.09 Communication Towers
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
Approval (5-1)
BACKGROUND: The South Florida Water Management District (District), which manages water
resources throughout 16 counties in Florida, recently suggested that Collier County update the
telecommunications towers (towers) ordinance so that the ongoing inspection cycle for their self-
supporting tower is less frequent. According to the LDC, all guyed and self-supporting towers that
exceed 185 feet in height require ongoing inspection reports. At minimum, these inspection reports must
include an evaluation of the 1) tower structure, 2) guy wires and fittings, 3) guy anchors and foundations,
4) condition of antennas, transmission lines, etc., and 5) vertical alignmen t and guy wire tension (for
guyed towers). As specified in the LDC, guyed towers require ongoing inspections every two years —
self-supporting towers every four years. This LDCA will change these timeframes by making them less
frequent, but still consistent with industry standards. The District owns one tower, located at Faka Union
within the Picayune Strand. The District provides inspection reports on five-year cycles in all counties
within their jurisdiction, except for in Collier County, which requires a four-year rotation.
The Telecommunication Industry Association (TIA), an advocacy organization for the tower industry,
published Structural Standard for Antenna Supporting Structures, Antennas and Small Wind Turbine
Support Structures ANSI/TIA-222-H. This publication recommends that inspections occur every three
years for guyed towers, five years for self-supporting towers, and seven years for monopoles.
Staff researched a small sample of codes from other counties in Florida—Broward, Miami-Dade, Lee,
Sarasota, and St. Johns. None of them have specific regulations pertaining to the ongoing inspections
of towers. The Code of Federal Regulations (CFR), which is used by the Federal Communications
Commission, contains inspection regulations, but its scope is very narrow and does not address ongoing
inspections.
In 1991, Collier County adopted Ordinance 1991-84, which represented a comprehensive update to the
LDC as it relates to towers. This ordinance included the ongoing inspection periods for guyed and self-
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supporting towers, which are still in effect today. The inspection periods were discussed at the two
Board of County Commissioners (Board) hearings leading up to its adoption. During the first hearing,
Mr. Leroy Pate, representing the tower industry, proposed an inspection period of every three years for
guyed towers and five years for self-supporting towers (see Exhibit B). However, staff recommended
more frequent timeframes, citing concerns “that there are presently towers that are overloaded not only
by antennas and equipment, but are not technically built to support what was placed on them initially.”
At the second Board hearing (see Exhibit C), another tower industry representative, Mr. Robert Kersteen,
recommended that the inspection periods be the two- and four-year timeframes. Later during the same
hearing, Mr. Pate recommended the inspections be required every three years. However, staff continued
to recommend the two- and four-year inspection cycles, which were ultimately adopted by the Board
and currently enforced today.
Staff concurs with the District regarding the inspection timeframes specified by ANSI/TIA-222.
However, because Collier County (and Florida in general) is vulnerable to hurricanes and other
inclement weather, rather than eliminating the mandatory inspections and relying on the industry to
regulate itself, staff proposes updating the language so that inspections are consistent with ANSI/TIA-
222 standards.
Collier County Planning Commission (CCPC) Recommendation:
The CCPC recommended approval of the amendment by a vote of 5-1. The dissenter (Mr. Fryer) had
concerns about relaxing a safety requirement.
FISCAL & OPERATIONAL IMPACTS
The less frequent inspection reports will reduce
costs for the tower industry.
GMP CONSISTENCY
No Element of the GMP addresses towers
inspections; therefore, there are no GMP
consistency issues or concerns. This LDCA may
be deemed consistent with the GMP.
EXHIBITS: A – Ordinance 91-84; B – Board Minutes 08-21-1991; C – Board Minutes 09-09-1991; D
– PAN ANSI_TIA-222-H; and E – 47 CFR 17.47
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Amend the LDC as follows:
1
5.05.09 - Communications Towers 2
3
* * * * * * * * * * * * * 4
5
G. Development standards for communication towers. 6
7
* * * * * * * * * * * * * 8
9
14. Effective January 1, 1992, all guyed All guyed towers, including old towers, 10
exceeding 185 feet in height shall be inspected every three (3) two (2) 11
years. Self-supporting Such self-supporting towers shall be inspected 12
every four (4) five (5) years. Each inspection shall be conducted by a 13
qualified professional engineer or other qualified professional inspector, 14
and any inspector-recommended repairs and/or maintenance should be 15
completed without unnecessary delay. At a minimum, each inspection shall 16
include the following: 17
18
a. Tower structure: Including bolts, loose or damaged members, and 19
signs of unusual stress or vibration. 20
21
b. Guy wires and fittings: Check for age, strength, rust, wear, general 22
condition, and any other signs of possible failure. 23
24
c. Guy anchors and foundations: Assess for cracks in concrete, signs 25
of corrosion, erosion, movement, secure hardware, and general site 26
condition. 27
28
d. Condition of antennas, transmission lines, lighting, painting, 29
insulators, fencing, grounding, and elevator, if any. 30
31
e. For guyed towers: Tower vertical alignment and guy wire tension 32
(both required tension and present tension). 33
34
# # # # # # # # # # # # # 35
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MAY ■ JUNE 2017 TOWER TIMES 1
What is ANSI/TIA-222 and why is it important for
the telecommunications industry? ANSI/TIA-222
is the “Structural Standard for Antenna Supporting
Structures and Antennas”. ANSI/TIA-222 is critically
important to the telecommunications industry for many
reasons. Some of which are as follows:
■■Direct link to the International Building Code (IBC);
■■Provides guidelines for the procurement of struc-
tures;
■■Establishes design parameters for structures; and
■■Provides criteria for Maintenance and Condition
Assessment of these structures.
This Planning Advisory Notice (PAN) focuses primarily
on Section 14 of the ANSI/TIA-222 Standard. Section
14 covers minimum criteria for a proper Maintenance
and Condition Assessment of antenna supporting
structures. The current version of ANSI/TIA-222 is G-2,
however, throughout this PAN, we will also be referenc-
ing the draft version of ANSI/TIA-222-H to communi-
cate upcoming changes in Section 14. In addition to
Section 14, Annex J (Normative) provides checklists for
maintenance and condition assessment, field mapping
of appurtenances and structural components as well as
charts for determining twist and out of plumb on guyed
towers. We will also touch on Annex K, as it brings
tension, twist, and plumb together. To add clarity, a
Authors: Scott Kisting (EVP – Proactive Telecommunications Solutions) and John Erichsen (Principal EET PE, Chairman
TIA committee TR 14). The members of the PAN Advisory Group who are involved in the writing and researching of each
PAN topic include: John Erichsen (Principal EET PE, Chairman TIA committee TR 14), Scott Kisting (EVP – Proactive
Telecommunications Solutions), Richard Cullum (Program Manager – Crown Castle), Jeremy Buckles (Safety and
Compliance Officer – International, SBA Communications Corporation), Craig Snyder (President, Sioux Falls Tower &
Communications), and Stephanie Brewer (Compliance Coordinator – MUTI-Sabre Industries Telecom Services).
PLANNING ADVISORY NOTICE
ANSI/TIA-222
Maintenance
and Condition
Assessment of
Telecommunication
Towers
CONTINUED ON NEXT PAGE
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Normative designation simply means that Annex J
carries the same weight and merit as the body of the
Standard. An annex allows the Committee to provide
information as a narrative or list when it is more effec-
tive than using the language limitations placed upon
the body of the standard such as the scope, require-
ments, and the maintenance and condition assessment
cycles.
Revision H clarifies issues around safety climbs and
inspection. ANSI/TIA-222-G Section 14 (Scope) states
“This section addresses the maintenance and condition
assessment of structures.” The following note is includ-
ed in ANSI/TIA-222-H – “Maintenance and condition
assessment requirements for safety climb systems are
not within the scope of the Standard.” The safety climb
system is an appurtenance while on the structure and
does not become a safety climb system until a compe-
tent person uses it as part of a fall protection plan. So,
while the safety climb may be assessed as a part of a
maintenance and condition assessment of the structure
it should not be considered usable as fall protection
until inspected by a competent person as part of a
complete fall protection plan. This logic also applies
to any structural member (tower leg, diagonal, etc.) or
connection considered for fall protection use by the
competent person as part of their fall protection plan.
Proposed language in Revision H helps clarify recom-
mended Intervals in section 14.4:
Maintenance and condition assessment recommenda-
tions are as follows:
1. Three-year intervals for guyed masts and five-year
intervals for self-supporting structures.
Note: The intervals recommended are based on
industry experience for communication structures
designed and installed per EIA or ANSI/TIA-222
Standards. More frequent inspection intervals were
found to be unwarranted.
2. After severe wind and/or ice storms or other ex-
treme conditions.
3. Shorter inspection intervals may be required for
Risk Category III or IV structures and structures in
coastal regions, in corrosive environments, and in
areas subject to frequent vandalism.
It is important to note that these are recommended
intervals that tower owners or engineers use to formu-
late a site-specific maintenance and condition assess-
ment plan. The recommended intervals can change
based on factors such as age of the structure and/or
how often they are assessed and maintained. There
are cases, based on the location and type of struc-
ture, as well as other factors that the maintenance and
assessment cycle may be extended beyond five years.
The inverse is also true. For example, a guyed tower
located in corrosive environment may require intervals
that are more frequent. It is up to the owner and their
engineering professionals to use the TIA recommenda-
tions to create a program that incorporates site-specific
information such as the structure type, location and the
environment.
Note two (2), in Section 14.4 (Rev H) recommends that
assessments after extreme weather events could be
warranted. For example, in the event of a category
five (V) hurricane, tower owners and carriers typically
choose to deploy teams to determine the extent of
damage to their wireless infrastructure.
Maintenance is emphasized by being the first word of
the title for this section as it is a critical component.
Typically, references are made to TIA maintenance and
condition assessments as inspections only. This is a
misinterpretation of Section 14, as it is very important
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MAY ■ JUNE 2017 TOWER TIMES 3
CONTINUED ON NEXT PAGE
to understand the critical nature of the word “Main-
tenance” as it is an actionable item. Depending on
the types of maintenance issues discovered during a
condition assessment, it is the expectation that the
structure will be maintained in accordance with the
owner’s maintenance plan to assure structural integrity.
Items discovered, that could adversely affect the struc-
ture, should be brought to the tower owners attention
immediately so its engineers and operations teams
can determine what maintenance or repairs, if any, are
required. To perform a condition
assessment (inspection) without
performing a proper maintenance
review is contrary to the intent of
the Standard.
Annex J is a guideline and checklist
for the maintenance and condition
assessment.
ANSI/TIA-222-G-2 Annex J: Main-
tenance and Condition Assessment
(Normative) – The preamble reads
as follows:
“This annex provides checklists
for: (a) maintenance and condition
assessment and (b) field mapping
of structures and appurtenances.
Note: This annex does not provide
means and methods for RF protec-
tion.”
Tower owners and their engineer-
ing support team(s) typically use
Annex J as the baseline when
creating site-specific maintenance
and condition programs. ANSI/TIA-
222 is a consensus standard based
on best practices and comprised
of committees, such as TIA TR-14.
These individuals are subject mat-
ter experts voluntarily contributing
their time and talent to the industry.
Each subsequent ANSI/TIA Stan-
dard has been an improvement
over the last. ANSI/TIA-222-H is
no exception and TIA expects that
earlier revisions will be superseded,
except for the purposes outlined in
the current published Standard. It
is the TR-14 member’s expectation
that the development of ANSI/TIA-
222-H will help the entire industry.
Some of the critical areas covered
in ANSI/TIA-222-H Annex J:CONTINUED ON NEXT PAGE
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TOWER TIMES MAY ■ JUNE 20174
J.1 – Maintenance and Condition Assessment
A. Structure Condition
B. Finish
C. Lighting
D. Grounding
E. Appurtenances such as Mounts, Antennas and
Lines
F. Other Appurtenances (walkways, platforms, sen-
sors, floodlights, etc.)
G. Base Insulator Condition for AM Towers (AM
detuning kits, fiberglass rods on broadcast towers,
Phillystran, etc.)
H. Guys
I. Concrete Foundations
J. Structure Alignment
K. Previous Modifications to Structure
Annex J provides an excellent guide for tower owners
and engineers to establish a site-specific condition and
maintenance program. A properly managed main-
tenance and condition assessment program ensures
that the structure is maintained in accordance with the
manufacturer’s recommendations and helps with the
long-term performance of the structure. The annex also
provides some base line information on mapping that
should be considered by engineers when a mapping is
required. The following is an overview of some of the
subject area covered and in an upcoming PAN we will
go into further detail on section J.2.
Section J.2 Provides guidelines for following:
A. Mapping of Appurtenances
1. Mounting Systems
B. Mapping of Structural Members and Connections
1. Self-Supporting Latticed Structures
2. Guyed Masts
3. Pole Structures
4. Connections
C. Tolerances
D. Twist and Out-of-Plumb determination for Towers
Understanding Annex K (Informative) is recommended
because it addresses the measurement of the guy wire
tensions. Any adjustment to the tensions of the guy
wires can also have an impact on the twist and plumb
on the tower. Annex K provides the engineering equa-
tions and content related to measuring guy tensions,
however it does not address the means and methods
related to this type of work. As discussed in other
PANs, ANSI/ASSE A10.48 should be considered for
the means and methods. Annex K provides two basic
methods for measuring guy wire tensions:
A. Direct Method (load cell)
B. Indirect Methods
1. Pulse Method
2. Tangent Intercept Method
Note that the approval of shunt dynamometers is a
new addition as a method for measuring guy tensions
for Revision H.
Once ANSI/TIA-222-H is approved (see process below),
the PAN committee will delve further into these two
annexes. Currently the TR-14 task group is finalizing
the draft. Once the draft is finalized, the full committee
will vote to approve. Once approved by the full com-
mittee there will be a public ANSI ballot/vote that will
ultimately lead to the publication of ANSI/TIA-222-H -
Structural Standard for Antenna Supporting Structures
and Antennas and Small Wind Turbine Structures. ■
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190001341
SUMMARY OF AMENDMENT
This amendment clarifies the method of public notice for several petition
types that require a public hearing.
LDC SECTIONS TO BE AMENDED
10.03.06 Public Notice and Required Hearings for Land Use Petitions
ORIGIN
Growth Management
Department
HEARING DATES
BCC: 3/10/20 &
6/09/20
CCPC: 11/21/19 &
12/19/19
DSAC: 8/09/19
DSAC-LDR: 6/18/19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
Approval
BACKGROUND
This proposed LDC amendment makes the following changes to the Public Notice section:
1.) Update the term ‘regular’ growth management plan (GMP) amendments to now be referred to as
‘large-scale’ GMP amendments. This change is for clarity in amendment type and with terminology
used at the state level. This language has also been modified within the Administrative Code.
2.) Update LDC notice provisions for rezones, PUD amendments, and ordinances or resolutions for
Comprehensive Plan amendments. For each of these petition types, the LDC requires the County to
notify, by mail, each property owner within the area covered by the proposed ordinance or resolution.
The proposed LDC Amendment removes this requirement for consistency with current internal
policies. These changes have been reflected within the Administrative Code, where needed.
3.) Update the LDC notice provisions for a neighborhood information meeting (NIM) for large-scale,
site-specific Comprehensive Plan Amendments to occur prior to the first Planning Commission
hearing, as opposed to the adoption hearing which is the last round of public hearings for this petition
type. This change is consistent with current internal policies and has been reflected within the
Administrative Code. Previous versions of the corresponding Administrative Code updates did not
accurately reflect this change but have now been corrected prior to Board review.
4.) The public notice requirements for a PUD Extension, as the PUD sunsetting process has been
removed from the LDC, per Ordinance 2014-33.
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DSAC-LDR Subcommittee Recommendation
The DSAC-LDR Subcommittee recommended approval of the proposed LDC amendment with minor
changes to the organization of LDC section 10.03.06 E.2.b.
DSAC Recommendation
The DSAC recommended approval of the proposed LDC amendment, as presented.
CCPC Recommendation
The CCPC recommended approval of the proposed LDC amendment, as presented.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed
by Comprehensive Planning staff and may be
deemed consistent with the GMP.
ATTACHMENTS: A) Proposed Administrative Code Updates
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Amend the LDC as follows:
1
10.03.06 - Public Notice and Required Hearings for Land Use Petitions 2
This section shall establish the requirements for public hearings and public notices. This section 3
shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 4
Code, which further establishes the public notice procedures for land use petitions. 5
6
A. Ordinance or resolution that is initiated by County or a private entity which does not 7
change the zoning atlas or actual list of uses in a zoning category but does affect the 8
use of land, including, but not limited to, land development code regulations as defined 9
in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly 10
referred to as a LDC amendment. 11
12
* * * * * * * * * * * * * 13
14
B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For 15
minor conditional use notice requirements see 10.03.06 C, below and for County 16
initiated rezonings, see 10.03.06 K.: 17
18
1. The following advertised public hearings are required: 19
20
a. One Planning Commission hearing. 21
22
b. One BCC or BZA hearing. 23
24
2. The following notice procedures are required: 25
26
a. A NIM. See LDC section 10.03.05 A. 27
28
b. Mailed Notice prior to the first advertised public hearing. 29
30
c. Newspaper Advertisement prior to each advertised public hearing in 31
accordance with F.S. § 125.66. 32
33
d. Posting of a sign prior to the first advertised public hearing. 34
35
e. For a rezoning or a PUD amendment the County shall notify by mail 36
each owner within the area covered by the proposed ordinance or 37
resolution of the time, place, and location of the public hearing before 38
the BCC or BZA. 39
40
* * * * * * * * * * * * * 41
D. PUD extension, cConditional use extension, or conditional use re-review: 42
43
1. The following advertised public hearings are required: 44
a. One BZA or Hearing Examiner hearing. 45
46
2. The following notice procedures are required: 47
48
a. Mailed Notice prior to the advertised public hearing. 49
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b. Newspaper Advertisement prior to the advertised public hearing. 1
2
c. Posting of a sign prior to the advertised public hearing. Signage is not 3
required for a conditional use re-review. 4
5
E. Ordinance or resolution for comprehensive plan amendments: 6
7
1. The following advertised public hearings are required: 8
9
a. One or more Planning Commission hearings pursuant to F.S. Chapter 10
163. 11
12
b. One or more BCC hearings pursuant to F.S. Chapter 163. 13
14
2. The following notice procedures are required: 15
16
a. Small-scale amendments: 17
i. A NIM. See LDC section 10.03.05 A., which shall be held after 18
the first set of staff review comments have been issued and prior 19
to the Planning Commission hearing. 20
21
ii. Mailed Notice prior to the advertised Planning Commission 22
hearing. 23
24
iii. Newspaper Advertisement prior to each advertised public 25
hearing. 26
27
iv. Posting of a sign prior to the advertised Planning Commission 28
hearing. 29
30
v. Mailed Notice shall be sent to each real property owner within the 31
area covered by the proposed plan amendment prior to the 32
advertised BCC public hearing. 33
34
b. RegularLarge-scale amendments: 35
36
i. A NIM, which shall be held after the first set of staff review 37
comments have been issued and prior to the Planning 38
Commission adoption hearing for a site specific amendment. 39
40
ii. Mailed Notice prior to the advertised Planning Commission 41
hearing for a site specific amendment. 42
43
iii. Newspaper Advertisement prior to each advertised public 44
hearing. 45
46
iv. Posting of a sign prior to the advertised Planning Commission 47
hearing for a site specific amendment. 48
49
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v. Mailed Notice shall be sent to each real property owner within the 1
area covered by the proposed plan amendment prior to the 2
advertised BCC public hearing. 3
i. For all large-scale amendments, a Newspaper Advertisement 4
prior to each advertised public hearing. 5
6
ii. For large-scale amendments that are site-specific, the additional 7
notice procedures are required: 8
9
a) A NIM. See LDC section 10.03.05 A. 10
11
b) Mailed Notice prior to the advertised Planning 12
Commission hearing. 13
14
c) Posting of a sign prior to the advertised Planning 15
Commission hearing. 16
* * * * * * * * * * * * * 17
# # # # # # # # # # # # # 18
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 2 | Legislative Procedures
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A. Comprehensive Plan Amendment
Reference F.S. § 163.3177 – 163.3187, 125.66 and LDC Public Notice subsection 10.03.06 E and the
Collier County Growth Management Plan (GMP).
Note: The Florida Department of Economic Opportunity (DEO) website contains
procedures, forms, and technical assistance regarding State of Florida review and
requirements. For State related Comprehensive Plan Amendment information refer to:
http://www.floridajobs.org/community-planning-and-
development/programs/comprehensive-planning.
Applicability This procedure applies to a request to amend the GMP whet her initiated by the County
or a private landowner.
A comprehensive plan amendment does not authorize development.
There are several categories of plan amendments, including but not limited to:
• Small-Scale Amendment: A plan amendment that involves 10 acres or less
and other criteria set out in F.S. § 163.3187(1).
o Generally, small scale amendments are for maps and may include
text changes.
o Small-scale amendments that involve 10 acres or less may be site-
specific amendments.
• Regular Large-Scale Amendment: A plan amendment that changes the
goals, objectives and policies; a map change; or any other material in the
plan, and falls within one of the categories described in F.S. § 163.3184(2)
and 163.3184(3).
o Regular Large-scale amendments may be site-specific
amendments.
• DRI Companion Amendment: A plan amendment that is directly related to a
DRI. This is processed concurrent with the DRI application. See Chapter 3
D.3 of the Administrative Code for more information.
Pre-Application A pre-application meeting is required.
Initiation The applicant files an “Application for a Request to Amend the Collier County Growth
Management Plan” with the Comprehensive Planning Section of the Planning and Zoning
Division.
Application
Contents
The application shall include the draft amendment text and/or map amendment and all
data and supporting materials that justify the amendment.
Note: Refer to F.S. § 163.3163 et. seq. for State requirements.
Completeness and
Processing of
Application
The Comprehensive Planning Department will review the application for completeness.
After submission of the completed application packet accompanied with the required
fee, the applicant will receive a mailed or electronic response notifying the applicant
that the petition is being processed. Accompanying that response will be a receipt for
17.D.5
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the payment and the tracking number (i.e., XXX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice –
Small-Scale
Amendment for
Map and/or Text
Changes
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be completed at least 15 days before the first advertised
Planning Commission hearing. The NIM shall be advertised and a mailed written
notice shall be given to property owners in the notification area at least 15 days
prior to the NIM meeting.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Planning Commission hearing.
13. Newspaper Advertisement: The legal advertisements shall be published at least 15
days before the Planning Commission and BCC public hearings dates in a newspaper
of general circulation. The advertisements shall include at a minimum:
• Clear explanation of the proposed ordinance or resolutionas it affects the
subject property;
• Date, time, and location of one or more public hearings; and
• 2 in. x 3 in. map of the project location.; and
• The required advertisements must be at least 2 columns wide by 10 inches
long, in a standard size or a tabloid size newspaper, and the headline in the
advertisements must be in a type no smaller than 18 point. The
advertisement shall not be placed in a portion of the newspaper where
legal notices and classified advertisements appear. The advertisements
shall be placed in a newspaper of general paid circulation.
4. Sign: (see format below) Posted at least 15 days prior to the advertised Planning
Commission hearing.
17.D.5
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Notice –Site Specific
Large-Scale
Amendment for
Site-Specific
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. NIM: The NIM shall be held after the first set of staff review comments have been
issued and completed at least 15 days before the first advertised Planning
Commission hearing. The NIM shall be advertised and a mailed written notice shall
be given to property owners in the notification area at least 15 days prior to the
NIM meeting. The NIM is only for site-specific amendments.
2. Mailed Notice: Written notice shall be sent to property owners in the notification
area at least 15 days before the advertised Planning Commission hearing.
3. Newspaper Advertisements: The legal advertisements shall be published at least 15
days before the Planning Commission and BCC transmittal and adoption public
hearings in a newspaper of general circulation. The advertisement shall include at a
minimum:
• Clear explanation of the proposed ordinance or resolution as it affects the
subject property;
• Date, time, and location of one or more public hearings; and
• 2 in. x 3 in. map of the project location., if site specific; and
• The required advertisements must be at least 2 columns wide by 10 inches
long, in a standard size or a tabloid size newspaper, and the headline in the
advertisement must be in a type no smaller than 18 point. The
advertisement shall not be placed in a portion of the newspaper where
legal notices and classified advertisements appear. The advertisements
shall be placed in a newspaper of general paid circulation.
4. Mailed Notice: The County shall send written notice by mail to each real property
owner within the area covered by the proposed plan amendment at least 15 days
before the advertised BCC public hearing date.
17.D.5
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54. Sign: (see format below) Posted at least 15 days prior to the advertised public
hearings. Two distinct signs shall be posted for the transmittal hearings and the
adoption hearings. The first sign shall be posted before the first Planning
Commission hearing on the GMP transmittal to DEO. A second sign shall be posted
before the Planning Commission hearing on the GMP adoption.
Notice –
Regular Large-Scale
Amendment Not
Site-Specific
Notification requirements are as follows. See Chapter 8 of the Administrative Code for
additional notice information.
1. Newspaper Advertisements: The legal advertisements shall be published at least 15
days before the Planning Commission and BCC transmittal and adoption public
hearings in a newspaper of general circulation. The advertisement shall include at a
minimum:
• Clear explanation of the proposed ordinance or resolution as it affects the
subject property; and
• Date, time, and location of one or more public hearings.;
• 2 in. x 3 in. map of the project location; and
• The required advertisements must be at least 2 columns wide by 10 inches
long, in a standard size or a tabloid size newspaper, and the headline in the
advertisement must be in a type no smaller than 18 point. The
advertisement shall not be placed in a portion of the newspaper where
legal notices and classified advertisements appear. The advertisements shall
be placed in a newspaper of general paid circulation.
Public Hearings for
Small Scale
Amendment
1. The EAC shall hold at least 1 advertised public hearing, if required.
2. The Planning Commission shall hold at least 1 advertised public hearing.
3. The BCC shall hold at least 1 advertised public hearing.
17.D.5
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Public Hearing for
Regular Large-Scale
Amendment
Regular Large-Scale Amendments require two sets of public hearings, transmittal
hearings and adoption hearings.
1. Transmittal Public Hearings:
• The EAC shall hold at least 1 advertised public hearing, if required.
• The Planning Commission shall hold at least 1 advertised public hearing.
• The BCC shall hold at least 1 advertised transmittal public hearing.
2. Adoption Public Hearings:
• The EAC shall hold at least 1 advertised public hearing, if required.
• The Planning Commission shall hold at least 1 advertised public hearing.
• The BCC shall hold at least 1 advertised adoption public hearing.
Decision maker The BCC, following recommendations from both the EAC, if required, and the Planning
Commission.
Review Process 1. Transmittal of Amendment to DEO:
• The Comprehensive Planning Section will review the application, identify
whether additional materials are needed, prepare a Staff Report, and
schedule a hearing date before the EAC, if required, and the Planning
Commission to present the petition for review.
• Following the recommendation by the Planning Commission, the
Comprehensive Planning Section will prepare an Executive Summary and
schedule a hearing date before the BCC to present the petition for review.
• Small-Scale Amendments are not subject to a review by DEO and may be
adopted by the BCC at the first advertised public hearing. A Regular Large-
Scale Amendment is reviewed by the BCC at a transmittal hearing and if
approved, the amendment is sent to DEO and other review agencies for
review in accordance with F.S. § 163.3184(3) and (4).
2. Adoption of Amendment:
• Following review by DEO and other review agencies, the Comprehensive
Planning Section will prepare a Staff Report, and schedule a hearing date
before the EAC, if required, and the Planning Commission to present the
amendment and comments from DEO and other review agencies for
review. Following the recommendation by the EAC, if required, and the
Planning Commission, the Comprehensive Planning Section will prepare an
Executive Summary and schedule an adoption hearing before the BCC. If
the amendment is adopted, the amendment is sent to DEO and the review
agencies in accordance with F.S. § 163.3184(3) and (4).
Criteria The plan amendment must be consistent with the applicable portions of the Collier
County Growth Management Plan, F.S. § 163.3164, et seq., the State Comprehensive
Plan, and the Southwest Florida Strategic Regional Policy Plan published by the
Southwest Florida Regional Planning Council.
17.D.5
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Effective Date See F.S. § 163.3184(3) and (4).
See F.S. § 163.3191 if the plan amendment is an update that results from an
evaluation and appraisal report.
Appeals Affected persons may file an administrative challenge as described in F.S. § 163.3184(5).
Small-scale amendments may be administratively challenged pursuant to F.S. §
163.3187(5) (a).
Updated
17.D.5
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20190002003
SUMMARY OF AMENDMENT
This amendment corrects scrivener’s errors, cross references from
previously approved LDC amendments and updates the current Clerk of
Court’s signatory block for standard performance security documents,
plats and required certifications.
LDC SECTIONS TO BE AMENDED
2.03.05 Civic and Institutional Zoning Districts
2.03.07 Overlay Zoning Districts
2.03.08 Rural Fringe Zoning Districts
4.06.02 Buffer Requirements
5.03.06 Dock Facilities
9.04.04 Specific Requirements for Minor After-the-Fact Encroachment
APPENDIX A Standard Performance Security Documents for Required
Improvements
APPENDIX C Final Subdivision Plat, Required Certifications and
Suggested Text and Formats for other Required Information
ORIGIN
Growth Management
Department
HEARING DATES
BCC 03-10-20 &
06-09-20
CCPC 11-21-19
DSAC 10-02-19
DSAC-LDR 09-17-19
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
Approval
BACKGROUND
This amendment corrects scrivener’s errors and cross references in the following sections:
LDC section 2.03.05 B.1.a.5: The permitted use, “continuing care residential community” for the
Community Facility District should read “continuing care retirement community” which is the same use
allowed for in commerical zoning districts.
LDC section 2.03.07 G.7.e.xiii: The cross references to LDC section 4.05.04 “H” and “G.2” are in error.
There is no subsection “H’ and should read 4.05.04 “G”. Additionally, the cross reference to LDC
section 4.05.04 “G.2” should read LDC section 4.05.04 “F.4” which does authorizes the County Manager
or Designee to determine minimum parking requirements for a use not referenced in Table 17 or for a
required parking ratio to be modified.
LDC sections 2.03.08 A.2.a.4.b.ii.a.iv and 2.03.08 A.2.a.b.ii.b.v: The cross reference to LDC section
4.02.01 should read LDC section 4.02.03. Presently, the referenced section relates to “Specific Standards
for Location of Accessory Buildings and Structures” and instead should reference “ Dimensional
Standards for Principal Uses in Base Zoning District”.
LDC section 2.03.08 A.4.b.2.a: The words “Essential Uses” should read “Essential Services” which is
consistent with LDC section 2.03.08 A.4.a.3.a. In LDC section 2.03.08 A.4.b.: The words “Uses
Allowed” are changed to “Allowable Uses” which is consistent with LDC subsections 2.03.08 A.2.a.3
and 2.03.08 A.2.b.1.
17.D.6
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LDC section 4.06.02 B: The cross reference to LDC section 4.06.05 G should read LDC section 4.06.05
H. The removal of prohibited exotic material plant is not dependent upon sites adding buffers or buffer
plantings, however they are required to be removed during site clearing per LDC section 3.05.08
“Requirement for Removal of Prohibited Exotic Vegetaion”. The installation and selection requirements
for plant materials in buffers are standards to be met when buffers are required.
LDC sections 5.03.06 E.12, 13, and14: When LDC was recodified by Ordinance 04-41, three categories
where erroneously listed as applicable standards to all dock facilities rather than as categories that pertain
to the “Manatee Awareness and Protection Plan” submittal requirements for multi-slip docking facilities
with 10 or more slips. The correction clarifies its applicablity and consistency with the LDC
recommendations established by the Board’s adoption of the Collier County’s Manatee Protection Plan,
Section 3.2.1.1, in 1995 as prepared by the Natural Resource Department. (See Exhibit A)
LDC section 9.04.04: When Ordinance 18-18 was adopted, the LDC amendment had erroneously
referenced LDC section 4.02.02, “Dimension Standards for Conditional Uses and Accessory Uses in
Base Zoning Districts.” The correct reference is LDC section 4.02.03, “Specific Standards for Location
of Accessory Buildings and Structures” which does provide for structure to structure separation
requirements.
APPENDIX A and C: The signature block and name for the Clerk of Court is updated and replaced with
a generic placeholder name which is consistent with the placeholder name for the Chairman of the Board
of County Commissioners. DSAC had reviewed and approved an early draft amendment that only
included Appendix C. The County Attorney’s Office has recommended the signature block and name
for the Clerk of Court also be updated for Appendix A. Appendix A required forms are updated.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Excerpt of 1995 Collier County Manatee Protection Plan
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Amend the LDC as follows: 1
2
2.03.05 Civic and Institutional Zoning Districts 3
4
B. Community Facility District (CF). The purpose and intent of (CF) district is to implement 5
the GMP by permitting nonresidential land uses as generally identified in the urban 6
designation of the future land use element. These uses can be characterized as public 7
facilities, institutional uses, open space uses, recreational uses, water-related or 8
dependent uses, and other such uses generally serving the community at large. The 9
dimensional standards are intended to insure compatibility with existing or future nearby 10
residential development. The CF district is limited to properties within the urban mixed 11
use land use designation as identified on the future land use map. 12
1. The following uses are permitted as of right, or as accessory or conditional uses, 13
in the community facility district (CF). 14
a. Permitted uses. 15
* * * * * * * * * * * * * 16
5. Nursing homes, assisted living facilities (ALF) pursuant to § 17
400.402 F.S. and ch. 58A-5 F.A.C., family care facilities, group 18
care facilities (category I) and continuing care residential 19
retirement communities pursuant to § 651 F.S. and ch. 4-193 20
F.A.C. all subject to LDC section 5.05.04. 21
* * * * * * * * * * * * * 22
# # # # # # # # # # # # # 23
24
2.03.07 Overlay Zoning Districts 25
* * * * * * * * * * * * * 26
G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with 27
distinct subdistricts for the purpose of establishing development criteria suitable for the 28
unique land use needs of the Immokalee Community. The boundaries of the Immokalee 29
Urban Overlay District are delineated on the maps below. 30
* * * * * * * * * * * * * 31
7. Interim Deviations: Property owners within the Immokalee Urban Overlay District 32
may request deviations from specific dimensional requirements as described in 33
this section. A deviation request may be reviewed administratively or by the 34
Planning Commission depending upon its scope. This section addresses the 35
permissible deviations, limitations thereon, and the review process. 36
* * * * * * * * * * * * * 37
e. Applicability - List of Development Standards Eligible for Deviation 38
Requests. Property owners shall be eligible to seek a deviation from the 39
dimensional requirements of the following Code provisions LDC sections, 40
unless otherwise noted. 41
* * * * * * * * * * * * * 42
xiii. 4.05.04 H G (Spaces Required) Table 17 and 4.05.06 B Loading 43
Space Requirements, utilizing the existing administrative deviation 44
process set forth in LDC section 4.05.04 G.2. F.4, recognizing that 45
the reduced need for off-street parking in Immokalee may be 46
offered as a viable basis for such administrative deviation. 47
* * * * * * * * * * * * * 48
# # # # # # # # # # # # # 49
17.D.6
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2.03.08 Rural Fringe Zoning Districts 1
2
A. Rural Fringe Mixed-Use District (RFMU District) 3
* * * * * * * * * * * * * 4
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU 5
district that have been identified as being most appropriate for development and 6
to which residential development units may be transferred from RFMU sending 7
lands. Based on the evaluation of available data, RFMU receiving lands have a 8
lesser degree of environmental or listed species habitat value than RFMU 9
sending lands and generally have been disturbed through development or 10
previous or existing agricultural operations. Various incentives are employed to 11
direct development into RFMU receiving lands and away from RFMU sending 12
lands, thereby maximizing native vegetation and habitat preservation and 13
restoration. Such incentives include, but are not limited to: the TDR process; 14
clustered development; density bonus incentives; and, provisions for central 15
sewer and water. Within RFMU receiving lands, the following standards shall 16
apply, except as noted in subsection 2.03.08 A.1. above, or as more specifically 17
provided in an applicable PUD. 18
* * * * * * * * * * * * * 19
a. Outside rural villages. 20
* * * * * * * * * * * * * 21
(4) Design Standards. 22
* * * * * * * * * * * * * 23
(b) Clustered development: 24
* * * * * * * * * * * * * 25
ii. Minimum yard requirements: 26
a) s Single- f Family. Each single-family 27
lot or parcel minimum yard 28
requirement shall be established 29
within an approved PUD, or shall 30
comply with the following standards: 31
i) Front: 20 feet (Note front 32
yard S set back may be 33
reduced to 10 feet where 34
parking for the unit is 35
accessed via a rear alley). 36
ii) Side: 6 feet. 37
iii) Rear: 15 feet. 38
iv) Accessory: Per LDC section 39
4.02.01 4.02.03. 40
* * * * * * * * * * * * * 41
b) m Multi- f Family. For each multi-42
family lot or parcel minimum yard 43
shall be established within an 44
approved PUD, or shall comply with 45
the following standards: 46
* * * * * * * * * * * * * 47
v) Accessory: Per LDC section 48
4.02.01 4.02.03. 49
* * * * * * * * * * * * * 50
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4. RFMU sending lands. RFMU sending lands are those lands that have the 1
highest degree of environmental value and sensitivity and generally include 2
significant wetlands, uplands, and habitat for listed species. RFMU sending lands 3
are the principal target for preservation and conservation. Density may be 4
transferred from RFMU sending lands as provided in LDC section 2.03.07 D.4.c. 5
All NRPAs within the RFMU district are also RFMU sending lands. With the 6
exception of specific provisions applicable only to NBMO neutral lands, the 7
following standards shall apply within all RFMU sending lands: 8
* * * * * * * * * * * * * 9
b. Uses allowed Allowable uses where TDR credits have been severed. 10
* * * * * * * * * * * * * 11
(2) Conditional uses: 12
(a) Those E essential Uses services identified in LDC section 13
2.01.03 G.2 and 4. 14
* * * * * * * * * * * * * 15
# # # # # # # # # # # # # 16
17
4.06.02 Buffer Requirements 18
* * * * * * * * * * * * * 19
B. Methods of determining buffers. Where a property adjacent to the proposed use is: (1) 20
undeveloped, (2) undeveloped but permitted without the required buffering and 21
screening required pursuant to this Code, or (3) developed without the buffering and 22
screening required pursuant to this Code, the proposed use shall be required to install 23
the more opaque buffer as provided for in table 2.4. Where property adjacent to the 24
proposed use has provided the more opaque buffer as provided for in table 2.4, the 25
proposed use shall install a type A buffer. 26
27
Where the incorporation of existing native vegetation in landscape buffers is determined 28
as being equivalent to or in excess of the intent of this Code, the planning services 29
director may waive the planting requirements of this section. 30
31
Buffering and landscaping between similar residential land uses may be incorporated 32
into the yards of individual lots or tracts without the mandatory creation of separate 33
tracts. If buffering and landscaping is to be located on a lot, it shall be shown as an 34
easement for buffering and landscaping. 35
36
The buffering and screening provisions of this Code shall be applicable at the time of 37
planned unit development (PUD), preliminary subdivision plat (PSP), or site 38
development plan (SDP) review, with the installation of the buffering and screening 39
required pursuant to LDC section 4.06.05 G. H. If the applicant chooses to forego the 40
optional PSP process, then signed and sealed landscape plans will be required on the 41
final subdivision plat. Where a more intensive land use is developed contiguous to a 42
property within a similar zoning district, the planning services director may require 43
buffering and screening the same as for the higher intensity uses between those uses. 44
* * * * * * * * * * * * * 45
# # # # # # # # # # # # # 46
17.D.6
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5.03.06 Dock Facilities 1
* * * * * * * * * * * * * 2
E. Standards for dock facilities. The following criteria apply to dock facilities and boathouses, 3
with the exception of dock facilities and boathouses on manmade lakes and other 4
manmade bodies of water under private control. 5
* * * * * * * * * * * * * 6
11. Multi-slip docking facilities with 10 or more slips will be reviewed for consistency 7
with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by 8
the DEP. If the location of the proposed development is consistent with the MPP, 9
then the developer shall submit a "Manatee Awareness and Protection Plan," 10
which shall address, but not be limited to, the following categories: 11
a. Education and public awareness. 12
b. Posting and maintaining manatee awareness signs. 13
12. c. Information on the type and destination of boat traffic that will be 14
generated from the facility. 15
13. d. Monitoring and maintenance of water quality to comply with state 16
standards. 17
14. e. Marking of navigational channels, as may be required. 18
# # # # # # # # # # # # # 19
20
9.04.04 Specific Requirements for Minor After-the-Fact Encroachment 21
22
Minor after-the-fact yard encroachments for structures, including principal and accessory 23
structures, may be approved administratively by the County Manager or designee. Exceptions to 24
required yards as provided for within LDC section 4.02.01 D. shall not be used in the calculations 25
of existing yard encroachments. 26
* * * * * * * * * * * * * 27
B. For both residential and non-residential structures, the County Manager or 28
designee may administratively approve minor after-the-fact yard encroachments 29
of up to ten percent of the required yard with a maximum of two feet when a 30
building permit and certificate of occupancy has been granted. The encroachment 31
applies to the yard requirement in effect as of the date the building permit was 32
issued. 33
1. Exception. Residential structures shall be deemed compliant with the 34
applicable development standards and no variance shall be required when 35
the following additional conditions apply: 36
a. The building permit and certificate of occupancy were approved in 37
compliance with the required setbacks in effect at that time; 38
b. The encroachment does not exceed three inches into the required 39
yard; 40
c. The only portion of the structure encroaching into the required yard 41
is the exterior wall treatment; and 42
d. The required structure to structure separation, as identified in LDC 43
section 4.02.02 4.02.03, is satisfied. 44
* * * * * * * * * * * * * 45
# # # # # # # # # # # # # 46
17.D.6
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APPENDIX A- STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED 1
IMPROVEMENTS 2
3
The following specimen forms are to be used as a guide for preparation of bonding 4
instruments which will be submitted to the Collier County Board of County Commissioners for 5
guaranteeing the completion of required improvements with respect to this Code. Adherence to 6
the forms will assure an expeditious review by the Development Services Division and the 7
Collier County Attorney's Office. Deviation in substance or form from the suggested specimen 8
forms may result in a substantial delay or disapproval of the bonding provisions for Required 9
Improvements by the Development Services Division or the County Attorney's Office. These 10
specimen forms may be revised from time to time by resolution of the Board of County 11
Commissioners. 12
13
Appendix A consists of the following specimen forms: 14
* * * * * * * * * * * * * 15
A.1. Subdivision Improvements 16
* * * * * * * * * * * * * 17
c. The Construction, Maintenance and Escrow Agreement for Subdivision 18
Improvements shall be substantially as follows: 19
* * * * * * * * * * * * 20
IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this 21
Agreement to be executed by their duly authorized representatives this _______ day of 22
_________, 20_______. 23
* * * * * * * * * * * * * 24
ATTEST: 25
DWIGHT E. BROCK (Name of Clerk),
CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ______________, Deputy Clerk By: ____________, Chairman
Approved as to form and legality.
____________
Assistant County Attorney
* * * * * * * * * * * * * 26
d. The Construction and Maintenance Agreement for Subdivision Improvements 27
shall be substantially as follows: 28
* * * * * * * * * * * * 29
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 30
executed by their duly authorized representatives this _______ day of _________, 20_______. 31
* * * * * * * * * * * * * 32
ATTEST: 33
DWIGHT E. BROCK (Name of Clerk),
CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
17.D.6
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By: ______________, Deputy Clerk By: ____________, Chairman
Approved as to form and legality.
____________
Assistant County Attorney
* * * * * * * * * * * * * 1
A.2. Excavation Improvements 2
* * * * * * * * * * * * * 3
c. The Performance Agreement for Excavation shall be substantially as follows: 4
* * * * * * * * * * * * 5
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 6
executed by their duly authorized representatives this _______ day of _________, 20_______. 7
* * * * * * * * * * * * * 8
ATTEST: 9
DWIGHT E. BROCK (Name of Clerk),
CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ______________, Deputy Clerk By: ____________, Chairman
Approved as to form and legality.
____________
Assistant County Attorney
* * * * * * * * * * * * * 10
A.3. Early Work Improvements 11
* * * * * * * * * * * * * 12
c. The Performance Agreement for Early Work shall be substantially as follows: 13
* * * * * * * * * * * * 14
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 15
executed by their duly authorized representatives this _______ day of _________, 20_______. 16
* * * * * * * * * * * * * 17
ATTEST: 18
DWIGHT E. BROCK (Name of Clerk),
CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ______________, Deputy Clerk By: ____________, Chairman
Approved as to form and legality.
____________
Assistant County Attorney
* * * * * * * * * * * * * 19
17.D.6
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A.4. Site Development Plan Improvements 1
* * * * * * * * * * * * * 2
c. The Performance Agreement for Site Development shall be substantially as 3
follows: 4
* * * * * * * * * * * * 5
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 6
executed by their duly authorized representatives this _______ day of _________, 20_______. 7
* * * * * * * * * * * * * 8
ATTEST: 9
DWIGHT E. BROCK (Name of Clerk),
CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ______________, Deputy Clerk By: ____________, Chairman
Approved as to form and legality.
____________
Assistant County Attorney
* * * * * * * * * * * * * 10
# # # # # # # # # # # # #11
17.D.6
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APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND 1
SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION 2
* * * * * * * * * * * * * 3
COUNTY COMMISSION APPROVAL 4
5
STATE OF FLORIDA 6
COUNTY OF COLLIER 7
8
THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING 9
BY THE BOARD OF COUNTYCOMMISSIONERS OF COLLIER COUNTY, 10
FLORIDA, THIS ________ DAY OF ________, 20___, PROVIDED THAT THE 11
PLAT IS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF 12
COLLIER COUNTY, FLORIDA. 13
14
DWIGHT E. BROCK (Name of Clerk) (Name of Chairman), CHAIRMAN
CLERK OF CIRCUIT COURT IN AND
FOR COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
15
FILING RECORD 16
17
I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND 18
THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER 19
177, FLORIDA STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS 20
FILED FOR RECORD AT _______ (a.m. or p.m.) THIS ________ DAY OF 21
________,20 ___, AND DULY RECORDED IN PLAT BOOK ________ PAGE(S) 22
________, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, 23
FLORIDA. 24
25
DWIGHT E. BROCK (Name of Clerk) 26
CLERK OF CIRCUIT COURT 27
IN AND FOR COLLIER COUNTY 28
* * * * * * * * * * * * * 29
# # # # # # # # # # # # 30
17.D.6
Packet Pg. 2050 Attachment: LDC Amendment- Scrivener's Errors and Cross References 05-18-2020 (12102 : LDC Amendments)
EXHIBIT A – 1995 Collier County Manatee Protection Plan: Excerpt Section 3.2.1.1
11
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17.D.6
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17.D.7
Packet Pg. 2052 Attachment: Legal Ad 20200520115437671 4 (12102 : LDC Amendments)