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Agenda 06/06/2001 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 6, 2001 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 June 6, 2001 1. PLEDGE OF ALLEGIANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, 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: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF- WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. ADJOURN 2 June 6,2001 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, 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: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.8. NONCONFORMITIES; DIVISION 1.19. AMENDMENTS TO THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISISON 2.4 LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5 EXCAVATION; DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.14. VEHICLE ON THE BEACH REGUI,ATIONS; ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD DIVISION 5.5 HEARING EXAMINER; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. OB~ECTIVE: To amend provisions of the Collier County Land Development Code. CONSIDERATION: This is the first of two public hearings required by Statute for amending the Collier County Land Development Code. Each of the amendments was presented to, and reviewed by, the Department Services Advisory Committee, Collier County Planning Commission, the Environmental Policy and Technical Advisory Board and the Environmental Advisory Council where applicable. Recommendations are included in the summary description of the LDC amendments where an advisory body advocated revisions to the staff recommended changes. The Planning Commission held public hearings on May 16, 2001 and May 30, 2001. JUN 0 6 2001 p~[._____F/ -- A summary of the review of these amendments by the Development Services Committee, Environmental Advisory Council and the Collier County Planning Commission is provided with this Executive Summary. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GMP. STAFF RECOMMENDATION[ That the Board of County Commissioners approve amendments to the Land Development Code except as otherwise modified at this final public hearing all which are described in the draft Ordinance of Adoption included with this executive summary. PREPARED BY sU's AN MURRAY, AICP ~t ACTING CURRENT PLANNING MANAGER REVIEWED BY: THO'MAS E. KUCK, PE ACTING PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: jou M. iii INTJ~RIM ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES H:/LDC Cycle 1 - 2001/EXECUTIVE SUMMAR¥-2001-Cyclel- I st hearing 06-06-01 .DOC DATE DATE DATE JUN 0 $ 2001 · ~ ~ ~ ~ ~ m , ~ ~ ~ ~ - . ~ · ~ ~ = · - ~ ~ '- c ~ ~ ~ ~ ~ ~ ~ ~ ~-- .- e ~ o - ~ ~ ~ 0 -- ~ ~ 0 m ~ m m 0 ._x x~ c~ ~ ~ ~ ~ ~ - - " · c > - ~ ~ ~ ~ -~ ' -- '~ o ~ o ~ < ~ m ONE E 200 ORIGIN: Community Development and Environmental Services Division AUTHOR: Ronald F. Nino, Current Planning Manager DEPARTMENT: Planning Services LDC PAGE: LDC 1.28 LDC SECTION: Section 1.19.1 CHANGE: To allow the County Board of Commissioners the opportunity to amend the Collier County Land Development Code on other than the two cycles otherwise provided by Section 1.19.1. REASON: It has become apparent that from time to time amendments to the LDC are of such importance that they should not be delayed to the twice-yearly cycle. The County Board of Commissioners should not be constrained from amending the Land Development Code for matters that super majority of the members feel is immediately necessary. FISCAL & ORIENTATION IMPACTS: None. RELATED CODES OR REGULATIONS: None. SEC. 1.19.1 Timing. Amendments to this code may be made not more often than two times during any calendar year as scheduled by the county manager, except: 1.19.1.3 ............ mn emergency,_ Amendments to this code may be made more often than twice during the calendar year if the Collier County Board of County Commissioners, by at least a super-majority vote, directs that additional amendments be made for specific purposes addldcna! ccdc JUN 0 C 2001 /o/ ORIGIN: Code Enforcement AUTHOR: Michelle Arnold, Director DEPARTMENT: Code Enforcement LDC PAGE: 2:13 & 2:19 LDC SECTION: 2.2.2.2.1. (2) & 2.2.3.2.2. (3) CHANGE: Limit the number of male fowl or poultry to 5 REASON: This is to address the issue of the raising of fighting cocks by persons living in areas zoned Rural Agricultural and the Estates district. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.2. Rural agricultural district (A) Sec. 2.2.2.2.1. Permitted uses Agricultural activities, including, but not limited to: crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: dairying; ranching; poultry and egg production; milk production; livestock raising; and animal breeding, raising, training, stabling or kenneling. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, of which only 5 may be male and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with not open feedlots, for personal use and not in association with commercial agricultural activity on parcels less than 20 acres in size. The raising or keeping of any animal for the purpose of engaging them in fighting is prohibited. Sec. 2.2.3. Estates district (E) Sec. 2.2.3.2.2. Uses Accessory to permitted uses. o Keeping of fowl or poultry, not to exceed 25 in total number, of whic1 may be male, provided such fowl or poultry are kept in an enclosure h .cate~a~ .JUN 0 2001 minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. The raising or keeping of any animal for the purpose of engaging them in fighting is prohibited. JUN 0 6 2001 ., /? ORIGIN: Community Development & Environmental Services AUTHOR: Susan Murray, AICP, Chief Planner DEPARTMENT: Planning Services LDC PAGE: 2:19 - 2:20 LDC SECTION: 2.2.3. Estates District (E) CHANGE: Changes to the Estates (E) zoning district to require Conditional Use approval for Extraction or earthmining. REASON: To comply with direction given to staff from the Board of County Commissioners. The Estates zoning district does not regulate the off-site removal of fill, either as an accessory or permitted use. In 1999, the Board determined that it is reasonable, and that in some cases it may be necessary, for property owners in the Estates zoning district to excavate a minimum amount of fill material and haul it off site. This need could come as a result of a property owner's desire to dig a lake on the property for aesthetic or functional purposes, or as a need for fill to construct buildings on site. Consequently, the Board gave staff direction to develop interim policies, which would address the need for property owners in the Estates to haul fill off site. There are existing policies governing Estates excavations which have been endorsed by the previous Board and applied by staff to date, but have yet to be adopted in the LDC. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.2.3.2.2. Uses accessory to permitted uses. 7. Excavation and related processing and production subject to the following criteria: a. The activity is clearly incidental to the permitted uses of the property. b. The amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining, pursuant to the procedures and conditions set forth in section 2.7.4. and 2.2.3.3. 2.2.3.3. Conditional uses. 7. Extraction or earthmining, and related processing and production not incidental to the development of .the property. There is a 20 acre minimum site required to conduct this use in the Estates zoning district. JUN 0 G 2[ ORIGIN: Community Development & Environmental Services Division AUTHOR: Ronald F. Nino,AICP, Planner DEPARTMENT: Planning Services LDC PAGE: LDC2:34 LDC SECTION: 2.2.8.4.5. Floor area ratio. CHANGE: To amend Section 2.2.8.4.5 to revise the FAR'S for hotels in the Residential Tourist district having the effect of reducing the intensity of use by a reduction in the FAR from 0.6 and 0.8 respectively to 0.5 and 0.7 respectively for travelers and destination resort hotels. REASON: On June 16, 2000 the method of calculating the intensity of use for hotels was revised from a requirement of 26 units per acre to an intensity method of measurement titled a "floor area ratio" (FAR) which produces the total amount of floor area for all of the floors of a building or the total volume of space that can be developed on a particular parcel of land. The number of rental rooms then becomes a function of the design and size of the rooms. This is typically the way building space is regulated for commercial structures. There was no technically based reason for the former 26 unit per acre intensity control for hotels except that at one time someone thought it was an appropriate regulation for hotels. Staff took exception to this method of regulating the intensity of use because it made no distinction between unit sizes and thus could produce volumes of space markedly different from one another while still having 26 units per acre. Additionally, staff did not appreciate the significance of a regulation in terms of units when discussing a commercial land use. Typically units are used in a residential context and there is no distinction between a one or three bedroom unit. Hotels are for all practical purposes a building housing bedrooms and it does not appear to justify a comparison of units per acre as in the residential context. For example, at 16 units per acre given 3 bedroom units would produce 48 bedrooms per acre aside from any impacts associated with other residential space(i.e. kitchens,etc.) would produce a far greater intensity of use than the former 26 unit or bedrooms per acre allowed hotels. When staff determined the appropriate FAR factors we surveyed the FAR'S of a number of the most recent hotels including two in the City of Naples. Those in the County developed under the 26 units per acre had FAR'S of 0.5 or less. Two hotels in the City of Naples had FAR'S of 0.77 and 0.71 but also produced greater than 26 units per acre. Staff believed that the FAR'S being recommended and subsequently adopted would produce the ability to do more than 26 units per acre but not appreciably more than 26 units per acre for a conventional hotel type of design which we felt was reasonable given the comparison described with conventional residential development in the RT district. If there is a justifiable concern that the most recent changes were unwarranted then the reduction to FAR'S here recommended would make the FAR more comparative to the former 26 unit per acre regulation. Staff further wishes to emphasize that the FAR intensity measurement technique is most technically supportable method for regulating the intensity of commercial land uses. Specifically we found the following FAR'S for tk recent hotel construction: most JUN 0 '0 2001 1.Hawthorne Suites--FAR 0.47 25.78 units per acre 2.Double Tree .........FAR 0.506 25.56 units per acre 3.Ramada(Pine Ridge)FAR 0.334 25 units per acre 4.Best Western ........ FAR 0.524 26 units per acre. In City of Naples 1.Hilton Towers ......FAR 0.77 47.8 units per acre 2.Staybridge Suites---FAR 0.71 45.7 units per acre FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.2.8.4.5 Floor area ratio. The maximum floor area ratio for hotels, motels and timeshare facilities shall not exceed a factor of 9.59 0.50 except for destination resort hotels as defined in Article 6.3 where a floor area ratio of 0.80 0.70 is permitted. ne, moA iwJa' JUN 0 200 n. ORIGIN: Community Development and Environmental Services Division AUTHOR: Susan Murray, AICP LDC Page: LDC2:34 LDC SECTION: Section 2.2.8.4.5 CHANGE: The purpose for this amendment is to revise the method of determining intensity of use for hotels in the RT zoning district from Floor Area Ratio to units per acre. REASON: Prior to June of 2000 the method of determining the intensity of use of hotels in the RT distriCt had been units per acre. This amendment will restore that method to the units per acre method. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.8.4.5. Maximum density permitted. A maximum of twenty-six (26) units per acre for hotels and motels, and sixteen (16) units per acre for multifamily uses when located within an activity center or if the RT zoning was in existence at the time of adoption of this Code. (paragraph continues). Sec. 2.2.8.4. 7. 2. ~nn ....... ~ .... :fl: .... ~ !~.~1~ ~ .... 1~ ((300) .... . ........................................... Three hundred square foot minimum with a five hundred (500) square foot maximum for hotels and motels, except that twenty percent (20%) of the total units may be utilized for suites. ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: Community Development and Environmental Services Ronald F. Nino, AICP, Current Planning Manager Planning Services LDC 2.34 2.2.8.4.8 and 6.3 FAR for Residential Hotels. CHANGE: To amend 2.2.8.4.8 to provide a Floor Area Ratio for a Residential Hotel and to define the term Residential Hotel. REASON: The recent amendment to the Residential Tourist District established Floor Area Ratios (FARs) for resort hotels and the more traditional travel or business hotels. The amendment did not take into account where the market is apparently heading, i.e., suite hotels/extended stay hotels. This type of hotel is marketed for a family occupancy, provides a full housekeeping unit, and is typically rented for periods of one (1) week or more. The above- referenced amendments penalized these extended stay hotel units that contain a space equivalent to a conventional dwelling unit. The FARs that were designed were based on more conventional hotels where full housekeeping facilities are generally unavailable. When applied to a full. housekeeping living environment, this resulted in a reduction of density. This amendment is intended to address this issue and to approximate the former density of 26 units per acre which is transposed into an equivalent Floor Area Ratio based on unit sizes in the range of 2,100 square feet, with little or no consideration for accessory space, as in the case of regular hotels. [This would equate to an intensity of use (FAR) which would equate to 16 condominium units per acre of approximately 3,500 square feet.] Further, because there is a legitimate concern that this not be utilized as a subterfuge for a conventional condominium achieving higher density than is otherwise allowed, we are proposing defining the term "residential hotel" to establish parameters that will assure that the units do indeed function as a hotel. Section 2.2.8.4.8. Floor area ratio. The maximum floor area ratio for hotels, motels and timeshare facilities shall not exceed a factor of 0.60, except for destination resort hotels and residential hotels as defined in Article 6.3 where a floor area ratio of 0.80 and 1.15 is permitted respectively. Division 6.3 Definitions Residential Hotel .A residential hotel is a hotel intended for family occupancy where the duration of a stay is a minimum of three (3) days and normally excceds one (1) week and offers full living accommodations, including kitchen, living room, bathroom, and two or more separate The following operational characteristics are required: · On-site reservation service JUN 0 6 2001 Daily housekeeping services · Lobby registration area and personnel · Conference or meeting room(s) · Common service areas (ice, vending, etc.) · Occupational license for hotel · Monthly Tourist Development Council reports and tax payments per applicable County ordinance · Recreational facilities, such as pools, cabanas, game rooms, water access, tennis courts, fitness facilities · Maintenance of guest registration records as required by Section 509.101, Florida Statutes (2000), or its successor statute. · Posting of room rental rates in each rental unit as required by Section 509.201, Florida Statutes (2000), or its successor statute. · Inspections and certification filings with the State of Florida with regard to the safety and security of balconies, platforms and stairways as required by Section 509.2112, Florida Statutes (2000), or its successor statute. · Compliance with the fire safety requirements of Section 509.215, Florida Statutes (2000), or its successor statute, including but not limited to smoke detector devices in each guest room and automatic sprinkler systems. No unit may be occupied by the same household or persons for a period of time greater than eight (8) continuous weeks, and the same household or persons may not occupy any unit in the building for more than twelve (12) weeks in any calendar year. In the event a condominium form of ownership is established, condominium documents shall be submitted with a site development plan application which clearly demonstrates that all units function in the rental pool and are required to abide by the occupancy roles stated herein. The design of each unit shall clearly demonstrate that it functions as a individual separate housekeeping unit, and the plan shall clearly demonstrate that there is no ability to divide the unit, i.e., lockouts, so as to create more than one (1) unit for rental during any period of time. ORIGIN: Community Development and Environmental Services Division AUTHOR: Ronald F. Nino, AICP DEPARTMENT: Planning Services LDCPAGE: LDC2:42 LDC SECTION · Section 2.2.12.2.1 CHANGE · The purpose of the amendment is to add Churches as a permitted principal use to the C-1 and C-1/T commercial professional and transitional district. REASON: Predecessor ordinances all permitted churches in the commercial zoning districts. It is increasingly difficult to provided for churches in residential zoning districts or portions of PUD' S. A church within an activity center particularly at the neighborhood level could be located compatibly within the activity center thereby having the minimum of conflict with housing areas. Additionally, the existing strip commercial zoning along several major roads makes for suitable and less controversial sites for churches. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.12.2.1 1. 2. 3. 4. 5. Permitted Uses Accounting, auditing and bookkeeping services (8721). Automobile parking (7521). Barber shops (7241). Beauty shops (7231). Business services (groups 7311, 7313, 7322--7331, 7338, 7361, 7371, 7372, 7374--7376, 7379). Child day care services (8351). 7. Churches and other places of worship g8.Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 89. Offices for engineering, architectural, and surveying services (groups 0781, 8711- 7 910. Health services (8011--8049). /~EI~DA ITEM 171~.- JUN 0 C. 2001 4-~13. 4-310. 441~5. 4-516. 4612. 4-718. -1-g 19. 492O. 2021. Z-1-22. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). Insurance carders, agents and brokers (groups 6311--6399, 6411). Legal services (8111). Management and public relations services (groups 8741--8743, 8748). Miscellaneous personal services (7291). Museums and art galleries (8412). Nondepository credit institutions (groups 6141--6163). Photographic studios (7221). Physical fitness facilities (7991). Real estate (groups 6531--6541 ). Shoe repair shops and shoeshine parlors (7251). Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. JUN O ~. 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Chahram Badamtchian DEPARTMENT: Planning Services LDC PAGE: 2:55 LDC SECTION: 2.2.15.2. Permitted Uses, C-4 General Commercial District CHANGE: Changes to the C-4 General Commercial District allowing air-conditioned self- storage uses. REASON: Air-conditioned self-storage uses are low intensity uses witch generate a much lower automobile traffic than most other uses within this district. With some specific criteria the proposed use is comparable and complementary to the uses already permitted within the district. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.15.2. Permitted uses. 20. Motor freiqht transportation and warehousinq (4225 Air- conditioned mini- and self-storage warehousin.q only and subject to the following criteria: 1. No metal roll-up clarage doors; 2. All units must be accessible internally; 3. Designed with architectural elements similar to office buildings; 4. No building may exceed 100 feet in length; 5. No outdoor storage; 6. The units shall only be used for storaqe). 201__. Public or private parks and playground. 2-1-2. Personal services (groups 7215, 7217, 7219, 7261 except cremato ries, 7291-7299). 223. Real estate (group 6512). Social services (groups 8322-8399, except for homeless shelters and soup kitchens). 245_=. Reserved. AC. IENDA ITEM JUN O 6 2001 266_ Vocational Schools (groups 8243-8299). 267__. Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and intent and purpose statement of the district. JUN 0 ~ 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Chahram Badamtchian DEPARTMENT: Planning Services LDC PAGE: 2:64.1 LDC SECTION: 2.2.16 V2 Business park PUD district (BP). CHANGE: Adding air-conditioned self-storage uses and other uses comparable in nature with the foregoing uses, modifying the maximum allowable density for hotels. REASON: Air-conditioned self-storage uses are low intensity uses witch generate a much lower automobile traffic than most other uses within this district. With some specific criteria the proposed use is comparable and complementary to the uses already permitted within the district. The change to the hotel density is intended to make the BD District conform to all other district allowing hotels and motels. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.16 1/2. Business park P4~ district (BP). 2.2.16 V2. 2. Permitted uses. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as a right, or as uses accessory to the business park ~ district, or as uses accessory to permitted primary and secondary uses in the business park ~ district (BP). 2.2.16 1/2. 2.1. Permitted Primary Uses - 100% of the total business park district acreage allowed to be developed: 26. Motor freight transportation and warehousing (4225 Air- conditioned mini- and self-storage warehousing only and subject to the following criteria: 1. No metal roll-up garage doors; 2. All units must be accessible internally; 3. Designed with architectural elements similar to office buildings; 4. No building may e :ceea.._a~nl:~ IW, la JUN 0 6 2001 [{ 2.2.16 V2.2.2. 100 feet in length; 5. No outdoor storage; 6. The units shall only be used for storage). 267. Paper and allied products (groups 2621-2679) 298. Plastic materials and synthetics (groups 2821-2834) 289. Printing, publishing and allied industries (groups 2711-2796) -2-930.Professional offices; insurance agencies, (group 6411); insurance carriers (groups 6311-6399); real estate (groups 6531, 6541, 6552, 6553); holding and other investment offices (groups 6712-6799); attorneys (group 8111) 301. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053) 3-1-2. Security/Commodity brokers (group 6211) 393. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3792, 3799) 3S4_. United States Postal Service (group 4311) 345. Wholesale trade - durable goods (groups 5021-5031, 5043-5049, 5063-5078, 5091, 5092, 5094-5099) 356. Wholesale trade - nondurable goods (groups 5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district, 5192-5199) 37. Any other use which is comparable in nature with the forgoing uses and is otherwise clearly consistent with the intent and purpose statement of the district. Permitted Secondary Uses accessory to the business park PUD District - development limited to a maximum of 30 % of the total acreage of the business park district: 1. Business services (groups 7312, 7313, 7319, 7331, 7334-7336, 7342, 7349, 7352, 7361, 7363, 7371-7384, 7389) Child day care services (group 8351) JUN 0 6 2001 J o Depository and non-depository institutions (groups 6021-6062, 6091, 6099, 6111-6163) Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with Health Services groups and medical laboratories/research/rehabilitative groups. Hotels (group 7011 hotels only). Maximum density 26 units per acre when located within Activity Centers and 16 units per acre when located outside Activity Centers. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. Membership organizations (group 8611); business associations (group8621); professional organizations (group 8631); labor unions and similar labor organizations._ ) Personal Services (group 7991) Physical fitness facilities and bowling centers (groups 7991, 7933) JUN 0 6 2001 ORIGIN: Community Development and Environmental Services AUTHOR: Michele R. Mosca, Senior Planner Aaron Blair, Senior Planner DEPARTMENT: Planning Services LDC PAGE: Unknown at this time LDC SECTION: 2.2.28. Immokalee Overlay District, specifically sections 2.2.28.6. Agribusiness Overlay Subdistrict and 2.2.28.8. The Main Street Overlay Subdistrict. CHANGE: Delete references to communication towers as permitted uses, conditional uses and accessory uses from the Prohibited Use section of the Main Street Overlay Subdistrict; and, amend the Permitted Use, Conditional Use and Accessory Use sections of this same Subdistrict to include these references. Amend Map 5, the Agribusiness Overlay Subdistrict (AOSD), to include an additional lot (Newmarket Immokalee Subdivision, Block 59, lot 15) that was inadvertently omitted from the subdistrict's boundary. REASON: Presently, the text referring to communication towers as permitted, conditional, accessory and prohibited uses is combined under the Prohibited Use section of the Main Street Overlay Subdistrict. County legal staff has requested that these references be removed from the Prohibited Use section and placed into the relevant sections of this same Subdistrict for clarity. The map amendment to the Agribusiness Overlay Subdistrict is required to correct a scrivener's error. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None See Following Page JUN 0 6 2001 Sec. 2.2.28. 2.2.28.6. Immokalee Overlay District Agribusiness Overlay Subdistrict: AGRIBUSINESS OVERLAY SUB-DISTRICT '~NDICATES AGRIBUSINESS OVERLAY SUB-DISTRICT ,.log (AOSD) N AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) JUN 0 6 2001 AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) INDICATES AGRIBUSINESS OVERLAY SUB-DISTRICT N I I I AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD) Map 5 (Replace with this Map) AGENDA IT No. JUN 0 G 2001 2.2.28.8. Main Street Overlay Subdistrict: Main Street Overlay Subdistrict: special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. Map 7 MAIN STREET A-MHO OVERLAY SUBDISTRICT A-MHO 2.2.28.8.1 Purpose and intent. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. /? JUN 0 6 2001 2.2.28.8.2 Applicability. These regulations apply to the Main Street Overlay Subdistrict as identified on Map 7 and further identified by the designation "MSOSD" on the applicable official Collier County zoning atlas maps. 2.2.28.8.3 Permitted Uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this subdistrict, and the following use may be permitted as a right in this subdistrict: Hotel and Motels (group 7011). Communication Towers, as defined in section 2.6.35 of this code, are permitted as a stand-alone essential service use. Such towers are a permitted use up to a height of 75 feet above grade, inclusive of antennas. 2.2.28.8.4 Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this subdistrict, and the following uses are permitted as a fight in this subdistrict: All uses allowed in the Commercial Professional District (C-1), of this code, except for group (7521). Communication Towers, as defined in section 2.6.35 of this code. are permitted as a stand-alone essential service use. Such towers are a permitted use up to a height of 75 feet above grade, inclusive of antennas. 2.2.28.8.5 Prohibited Uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this subdistrict, and the following uses, shall be prohibited in the Main Street Overlay Subdistrict: Automobile Parking (group 7521) on all properties having frontage on Main Street, North First Street, South First Street and North 9th Street within the Main Street Overlay Subdistrict. Automotive dealers (groups 5511, 5521, 5531 installation, 5551,5561,5571,5571,5599) on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Gasoline Service Stations (group 5541) on all properties having frontage on Main Street and gasoline service stations (group 5541 with services and repairs as described in section 2.6.28) are prohibited on all properties having frontage on North First Street and South First Street within the Main Street Overlay Subdistrict. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline, on all properties having frontage on Main Street, North First Street and South First Street with Main Street Overlay Subdistrict. JUN 0 6 2001 o o o 11. Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542) on ail properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Radio and Television Repair Shops (group 7622 automotive) are prohibited on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Outdoor Storage yards and outdoor storage are prohibited within any front, side or rear yard on all properties within the Main Street Overlay Subdistrict. Drive-through areas shall be prohibited on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Warehousing (group 4225) Communication Towers, as defined in section 2.6.35 of this code, except as otherwise noted in this Subdistrict. arc v ............. w Any other heavy commerciai use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this subdistrict shah be prohibited. 2.2.28.8.6 Accessory uses. Uses and structures that are accessory and incidental to the permitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited by this subdistrict. Communication Towers, as defined in section 2.6.35 of this code, as an accessory essential service use. Such towers are a permitted use up to a height of 75 feet above grade, inclusive of antennas. 2.2.28.8.7 Conditional uses. Uses permitted in the underlying zoning districts contained within this subdistrict, subject to the standards and procedures established in section 2.7.4 and as set forth below: A. Local and Suburban passenger transportation (groups 4131 4173) located upon commerciaily zoned properties within the Main Street Overlay Subdistrict. B. Communication Towers, as defined in section 2.6.35 of this 2.2.28.8.8 Outdoor Display and Sale of Merchandise. code, for essential service uses, that exceed a height of 75 feet above grade, inclusive of antennas shall require site- specific conditional use approval. JUN 0 6 2001 Outdoor display and sale of merchandise, within the front and side yards on improved properties, are permitted subject to the following provisions: A. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietor's occupational license. B. The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provisions will be made to adequately address the following: 1. Vehicular and pedestrian traffic safety measures. 2. Location of sale/display of merchandise in relation to parking areas. 3. Fire protection measures. 4. Limited hours of operation from dawn until dusk. Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in conjunction with "Main Street" approved vendor carts, provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: 1. Location of sale/display of merchandise in relation to road rights- of-way; 2. Vendor Carts are located on sidewalks that afford the applicant a five foot clearance for non-obstructed pedestrian traffic; and 3. Limited hours of operation from dawn until dusk 2.2.28.8.9 Dimensional Standards. Subject to the provisions of this code, for each respective zoning district, except as noted below: 2.2.28.8.9.1 Yard requirements. Maximum yard requirements. 1. Front Yard: 7 or 10 feet. 2. Side Yard: 0 - 10 feet. Minimum yard requirements. 3. Rear Yard: 0 or 5 feet. 4. Abutting Residential. 20 feet. 2.2.28.8.9.2 1. Maximum height of structures. All structures shall be no more than 35 feet in height, hotel/motel uses shall be no more than 50 feet in height. except 2.2.28.8.10 Minimum off-street parking and off-street loading. As permitted by Section 2.2.28.7. standards for parking within the Immokalee Central Business District, and as set forth below: Outdoor caf6 areas, shall be exempt from parking calculations. JUN 0 8 2001 + 2.2.28.8.11 1. 2.2.28.8.12 2.2.28.8.13 All properties within the Main Street Overlay Subdistrict, having frontage on Main Street, First Street or Ninth Street are required, by this subdistrict to locate all parking in the rear and/or side yards. Signs. As required in division 2.5. and as set forth below: Projecting signs are allowed in addition to permitted signs provided such signs do not exceed 6 square feet in size and are elevated to a minimum of 8 feet above pedestrian way. Sandwich Boards are permitted, one per eating establishment, not to exceed 6 square feet in size and shall only be displayed during business hours. Commercial design guidelines. Subject to provisions of division 2.8., Architectural and Site Design Standards for Commercial Buildings and Projects, except as set forth below: 1. Properties having frontage on Main Street or First Street or Ninth Street are required to locate its primary business entrance on that street. Parcels fronting both Main Street and First Street or both Main Street and Ninth Street are required to locate their primary business entrance on Main Street. 2. Reflective or darkly tinted glass is prohibited on ground floor windows. 3. Properties with less than 50 feet of road frontage shall only require a minimum of one roof change. 4. Commercial projects 5,000 square feet in size or less shall only require a minimum of two design features, as described within section 2.8.4.4.6 of this code. 5. To encourage redevelopment within the Main Street Overlay Subdistrict, for proposed redevelopment of existing projects that do not increase impervious surface area and whose total building area is less than or equal to 5,000 square feet in size, the applicant shall be exempt from Section 2.4.3.1. of the Landscaping and Buffering provision, requiring the seal of a landscape architect and shall also be exempt from Division 2.8. Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects, requiring the seal of an architect. 6. The minimum commercial design criteria, as set forth above, shall be applicable to projects with a total building square feet of less than or equal to 5,000 square feet. Landscaping and buffering. Subject to provisions of division 2.4, of this code, except as set forth below: To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses, except where otherwise prohibited by this subdistrict. The following landscape but enng~r~A ~ ,. JO t 0 6 2001 criteria shall be applicable to projects with a total building square feet of less than or equal to 5,000 square feet: a. properties adjacent to residentially zoned lots/parcels shall provide a minimum 10 foot wide landscape buffer, 6 foot high hedge or wall (4 feet at planting; 6 feet within one year) with trees spaced no more than 25 feet on center; b. Properties adjacent to commercially zoned lots/parcels shall provide a minimum 5 foot wide landscape buffer with a single row hedge and trees spaced no more than 30 feet on center. The hedge shall be a minimum of 3 gallon plants 2 feet in height spaced a minimum 3 feet on center at planting. c. a minimum 5 foot buffer, with at least two trees per lot/parcel or one tree per 40 linear feet whichever is greater, shall be required adjacent to all rights-of-ways; d. lots/parcels that are unable to meet the above minimum landscape criteria, shall be required to provide landscape planters and/or flower boxes for each such property, as recommended by the County Landscape Architect or County Planning Director. JUN 0 6 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Aaron Blair, Senior Planner DEPARTMENT: Planning Services LDC PAGE: Unknown at this time LDC SECTION: 2.2.33 - Bayshore Mixed Use Overlay District CHANGE: To make updates to the Bayshore Drive Mixed Use Overlay District REASON: The Board of County Commissioners directed staff to develop an overlay for the Bayshore Drive corridor that would provide flexibility in uses and standards and provide an incentive for redevelopment along this corridor. This is an update to ensure that redevelopment that occurs happens in a suitable manner for the surrounding neighborhood. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Section 2.2.33 Bayshore Drive Mixed Use Overlay District 2.2.33 Bayshore Drive Mixed Use Overlay District: special conditions for the properties adjacent to Bayshore Drive as referenced on Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 2.2.33.1 Purpose and intent. The purpose and intent of this district is to encourage revitalization along the Bayshore Drive corridor by providing opportunities for small-scale mixed-use development. This district is intended to: revitalize the commercial and residential development along this corridor; enhance the waterfront; encourage on-street parking and shared parking facilities and provide appropriate landscaping and buffering between the various types of uses; and protect and enhance the nearby single-family residential units. The types of uses permitted are low intensity retail, office, personal service and residential uses. 2.2.33.2 Applicability. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as identified on Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. A~A ITE~ JUN 0 G 2001 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT BECCA AVENUE DRIVE CRIC~E T LAKE RENTAL APl~. CONDO SEMINCLE AVENU£ BARRETT A".9~ N U £ =RBPARED BY: GRAPHICS AND TECHNICAL SUPPORT SEC~RON COMMUNITY DEVELOPMENT AN{) EN'vIRONMENTAL S£R~CES DI'vISION OATE: $-2001 FILE: ~AYSHO12-SXHA2.DWC PLOT--AUTO,~LLPAL LEGEND ' "~'jUt 0 6 2001 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT HALD Et~ AN CREEK CRICKET LAKE RENTAL APT$, CONDO SEMINOLE AVENUE BARREI~ AVENUE PREPAR?n BY: GRAPHICS AND TECHNICAL ~IJPPORT SECTIO~ CO~MUNI'P? DEVELOPMENT AND ENVIRONMENTAL SER'vlCES DATE: 12-2000 FILE: BAYSHO12-SXIIA.DWG PLOT-AUTOFgLL,PAL LEGEND m ~ iJUN06200, 2.2.33.3 2.2.33.4 2.2.33.5 2.2.33.6 Iljustrations used in this section are solely intended to provide a graphic example of a specific standard or standards set forth herein and not as requirements the for style of specifics projects. Variations from these iljustrations, which nonetheless adhere to the provisions of this section, are permitted. Subdistricts. There are five subdistricts identified within the Bayshore Mixed Use District: Neighborhood Commercial; Waterfront; Residential One; Residential Two; and Residential Neighborhood Commercial. The boundaries of these subdistricts are identified on Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. Uses and standards for each subdistrict are specified. In the event that parcels are assembled that include parcels fronting Bayshore Drive and extending to the end of the overlay boundary, a mixed-use development is permissible and may include all of the uses specified in the corresponding neighborhood commercial and residential subdistricts, provided the most restrictive landscaping and buffering requirements will apply to development abutting any residential district. Neighborhood Commercial Subdistrict. The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be small-scale and pedestrian- oriented. Permitted uses. For all of the properties located within the Neighborhood Commercial Subdistrict, as indicated on Map 1, the Bayshore Drive Mixed Use Overlay District, the following uses are permitted as of right in this subdistrict: qo Accounting, auditing and bookkeeping services (8721). Amusement and recreation services (groups 7911,7991, Apparel and accessory stores (groups 5611-5699). Barber shops (7241). Beauty shops (7231). Business services (groups 7311, 7313, 7322-7338, 7384). Eating places (5812 except concession stands, contract feeding, dinner theaters, drive-in restaurants, fast food restaurants, food service (institutional), industrial feeding). Food stores (groups 5411 except convenience stores, and supermarkets, 5421-5499). General merchandise stores (5331-5399). Offices for engineering, architectural, and surveying services (groups 8711-8713). Health services (8011-8049, 8082). Home furniture, furnishing and equipment stores (groups 5714- 5719, 5731-5736). Hotels and Motels (7011 except hostels). Insurance carriers, agents and brokers (groups 6311-6361 Legal services (8111). Management and public relations services (groups 8748). Membership organizations (8611-8699). 6411t· ,. 141-~3A -- JUN 0 6 2001 ro so U. V. W. bb. CC. Miscellaneous repair services, (7629, 7629 except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines and 7631). Miscellaneous retail services (5912, 5932-5949, 5992-5999). Museums and art galleries (8412). Personal services (groups 7212, 7291) Photographic studios (7221). Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). Real estate (groups 6531-6541). Security and commodity brokers, dealer, exchanges and services (groups 6211-6289) Shoe repair shops and shoeshine parlors (7251). United States Postal Service (4311 except major distribution center). Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree record services only, all excluding outdoor kenneling). Videotape rental (7841) Residential with the following limitations: multi-family uses are permitted above commercial uses on lots fronting Bayshore Drive, no single family units are permitted on lots fronting Bayshore Drive 2.2.33.7 Prohibited uses All uses prohibited within the underlying residential and commercial zoning districts-contained within this District, and the following additional uses, shall be prohibited in the Bayshore Drive Mixed Use Overlay District: ao do g. h. i. j. k. 1. m. n. o. p. q. r. s. t. u. Gasoline service stations (5541). Outdoor storage or merchandising unless specifically noted Drive-through establishments such as restaurants, banks, pharmacies, dry cleaning, and other drive-through establishments. Single-use "big box" establishments (over 15,000 sq. ft.) Automotive dealers.(5511,5521) Automotive repairs (7532-7539,7549) Boat Dealers (5551) Carwashes.(7542) Agricultural services (0711-0783) Kennels and veterinary services.(0752,0279,7948) Building material sales (5211) Warehousing(4225) Communication towers Bars, lounges, bottle clubs (5921,5813). Convenience stores. (5411) Sexually Oriented Businesses. (As defined in Ordinance 91-83) Laundromats.(7215) Tattoo parlors.(7299) Labor pools.(7363) Homeless shelters or soup kitchens (8322 and 8361) Commercial parking lots (7521) shall not be permitted on p~ that have water access rcelsI~ - JUN O 20( Vo Pawn Shops. (5932) Title Loans. (6541) Self and mini storage units. (4225-4226) 2.2.33.8 Accessory uses. 1. Uses and structures that are accessory and incidental to the permitted uses allowed within in this subdistrict are allowed unless otherwise prohibited by this subdistrict. 2. Properties immediately adjacent to Haldeman Creek may engage in boat rental operations. 3. Lots adjacent to Neighborhood Commercial (NC) and Waterfront District (W) subdistrict, as indicated on Map BMUD #1, may construct a dock provided the lots are under the same ownership and have been approved by the Planning Services Department Director. A Site Development Plan shall be submitted to the Planning Services Department Director. 2.2.33.9 Conditional Uses. The following uses are permitted as conditional uses in the sub-district subject to the standards and procedures established in division 2.7.4. a. Child Care centers and adult day care centers (8351) 1~. Churches and houses of worship (8661) 2.2.33.10 Outdoor display and sale of merchandise. The following regulations govern the outdoor display and sale of merchandise. 1. No automatic food and drinking vending machines or public pay phones are permitted outside of any structure. Newspaper vending machines will be limited to two machines per project site and must be architecturally integrated within the project site. Outdoor display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: A. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors' occupational license. B. The outdoor display/sale of merchandise is permitted on improved commercially-zoned properties and is subject to the submission of a site development plan that demonstrates that provision will be made to adequately address the following: 1. Vehicular and pedestrian traffic safety measures. 2. Location of sale/display of merchandise in relation to parking areas. 3. Fire protection measures. 4. Limited hours of operation from dawn until dusk. 5. Merchandise must be displayed in a vendor cart that complements the architectural style of the building that it is accessory to. 6. Vendor carts located on sidewalks must afl five-foot clearance for non-obstructed ped{ traffic. >rd ~ ;trian - JUN 0 2001 2.2.33.11 Dimensional standards. 2.2.33.11.1 Minimum Yard requirements. 1. Front Yards- At five (5) feet, eighty (80) percent of the structure must be located at the required front setback line. In-fill projects may vary from this front setback line in order to keep a consistent front yard with adjacent exiting structures. 2. Side Yards -Five (5) feet, except when abutting the residential district then it will be 15 feet. 3. Rear Yards- Twenty (20) feet 4. Waterfront- Twenty-five (25) feet- outdoor seating areas, canal walkway, water management facilities, and landscaping area may be located within the required setback. 5. Buildings located on Bayshore Drive will have their first floor elevation level with the sidewalk. The first floor of the buildings must be utilized for commercial purposes. 6. Where possible buildings facing Bayshore Drive wrap around the comer as depicted on Figure 1. 7. To allow the maximum use of the waterfront, building placement on a lot can vary from the required setbacks, provided such variation is recommended by the CRA Staff and the County Architect and approved by the Planning Services Department Director. 2.2.33.11.2 Maximum Density. For the residential component- 12 units per acre as required by the Growth Management Plan. 2.2.33.11.3 Minimum floor area. Seven-hundred (700) square foot gross floor area for each building on the ground floor. 2.2.33.11.4 Maximum height of structures. 1. Commercial use buildings are limited to a maximum height of three stories or forty-two (42) feet above the sidewalk grade to the building eave. Buildings containing only residential uses are limited to a maximum height of three stories or forty-two (42) feet above the sidewalk grade to the building eave. Buildings containing mixed-use residential over commercial uses shall be limited to a maximum height of four stories or 56 feet above the sidewalk grade to the building eave. First floor o~? building a~ the sidewalk level shall be no less than 12 feet in height from the finished floor to the finished ceiling and shall be occupied by commercial uses only. Buildings containing commercial or residential uses are required to a minimum depth of 30 feet from the front setback line on all floors. The remaining depth may be used for parking. JUN 0 6 2001 Figure 1- Plan of a typical comer lot development 2.2.33.12 Parking Standards 1. 3 spaces per 1000 square feet of floor area open to the general public for commercial use 2. Minimum one (1) parking spaces for each residential unit. 3. Outdoor caf6 areas shall be exempt from parking calculations. 4. Access to the off-street parking facility must be from the local street unless restricted due to lot size. 5. Should the property owner develop on-street parking spaces on local streets within the same block of the project site, then each space so provided shall count as one space toward the parking requirement of this subsection. 6. On-street parking on local streets excluding Bayshore Drive requires an agreement with the County to use the public fight of way for parking. Angle or parallel parking (as depicted in Figure 2) is permissible based on the site development plan as approved by the Planning Services Department and built to County standards. The property owner must agree to maintain that portion of the public fight-of-way where the parking is located. 7. Lots adjacent to Neighborhood Commercial (NC) and Waterfront District (W) subdistrict, as indicated on Map BMUD #1, may be used for off-site parking provided the lots are under the same ownership and have been approved by the Planning Services Department Director. A Site Development Plan shall be submitted to the Planning Services Department Director. ~ ITE JUN 0 6 2001 Figure 2 - Typical on-street parking on local streets 8. On-street parking on Bayshore Drive shall be made available to the property owner on a first come first serve basis at the time of Site Development Plan (SDP) or Site Improvement Plan (SIP) approval provided the parking does not interfere with the on-street bike lanes and is located within the block in which the block that the property is located. Construction or renovation of any building must occur within 90 days of the SDP or SIP approval and be completed within six months of commencement in order to secure the on- street parking spaces. Due to circumstances beyond the control of the applicant the property owner may request an extension from the Planning Services Department Director. These spaces must be used toward the fulfillment of the parking requirements set forth herein. ~,~:~i~he off-site parking requirements of Section 2.3.4.11 of the LDC shall apply except for the requirements of subsection 2.3.4.11 (4) (g). Vehicular egress points may be located on local streets opposite residential homes provided the' are within the Ba' Mixed Use District. 3/' JUN 0 6 2001 10. Shared Parking requirements ~shall be consistent with those provided in Section ~!~ i~:.!~ of the code except that the Planning Services Department Director can approve or deny requests instead of th~ board of zoning appeals or planning -u~luu! ~,,~~:~:~,~ ~nareo parrdng spaces can be separated by Bayshore Drive provide~ the two properties are located with the BMUD. 2.2.33.13 Landscaping- as required in division 2.4, shall apply unless specified otherwise below: :~-~i~/~J~,?~Spec~al buffer requirements for development areas contiguous to residentially zoned property. A fifteen- foot wide landscape buffer area shall be required. This area shall include a six (6) foot high wall, fence or berm, or combination thereof, a row of trees spaced no more than 25 feet on center, and a single row of shrubs at least 24 inches in height at the time 2.2.33.13.2 2.2.33.13.3 2.2.33.13.4 2.2.33.13.5 2.2.33.13.6 2.2.33.13.7 Landscape buffer requirements for multifamily residential development adjacent to single family residential property. A ten-foot- wide Type B landscape buffer with narrow tree canopies proportionate to the narrow buffer space shall be installed. Landscape buffer requirements where vehicular use areas abut the waterfront. A double row hedge at least 24 inches in height at the time of planting and attaining a minimum of three feet in height within one year shall be required. Rear Landscaping Requirements for neighborhood Commercial and Waterfront Districts adjacent to the waterfront. A five foot Type D landscape buffer with a canal walkway is required. The walkway shall be a minimum of six- feet- wide and consist of an impervious surface walkway. Walkways must be designed and located to provide an interconnection between adjacent properties wherever possible. Marinas may be exempted from this provision due to safety provisions if approved by the Planning Services Director. Landscape requirements for properties fronting Bayshore Drive. The intent is to integrate the right- of- way and building front with decorative pavement that is consistent with the Bayshore Beautification hardscape. Landscaping shall be consistent with the Bayshore Beautification Plan. Landscape screening of mechanical equipment such as air-condition units. Mechanical equipment shall be screened with a fence that is architecturally compatible with the building it serves or be screened with a three-foot high hedge, spaced three feet on center. Landscape buffer requirements for marina development contiguous residential zoned property. A twenty- foot- wide landscape buffer required. Such buffer must include a minimum six (6) foot high wa/ fence, berm, or combination thereof, a double row of trees spaced n~ ea i~ mo~N 0 ~ 2001 2.2.33.14 2.2.33.15 2.2.33.16 2.2.33.17 than 20 feet on center, and a double row of shrubs at least 24 inches height at time of planting. Landscaping shall be on the residential side of the wall. Special Provisions 1. Retractable awnings shall be exempt from fire sprinkler requirements. Fixed awnings under 145 square feet shall be subject to sprinkler requirements but only from the potable water supply without requirements for backflow protection. 2. Loading docks and service areas shall not be allowed on the frontage line. ~ .~ Architectural Standards 1. All buildings shall meet the requirements set forth in division 2.8 unless otherwise specified below: 2. All buildings adjacent to Bayshore Drive will have the principal pedestrian entrance fronting Bayshore Drive 3. 35 percent of the building facade that face Bayshore Drive will be clear glass. 4. 5. Attached building awnings may encroach over the setback line by a maximum of five feet. ~. Neon colors shall not be used as accent co]ors Signs. Division 2.5 shall apply, unless specified below: 1. One wall sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel provided such signs do not exceed 20 percent of the total square footage of the visual fagade of the building to which the sign will be attached and shall not exceed 65 square feet in area. 2. In addition, hanging or projection signs are permitted provided such signs do not exceed 6 square feet, and shall not project more than 4 feet from the building in which the sign will be attached. This sign shall be elevated to a minimum of 8 feet above any pedestrian way and shall not exceed a height of 12 feet. 3. No freestanding signs shall be permitted. 4. In addition, the vertical drip of an awning may be stenciled with letters no more than 8 inches in height and not to exceed one- third of the length of the canopy. 5. Parcels adjacent to the waterfront may have one addition sign to be placed on the fagade which faces the waterfront provided it meets all of the above requirements. 6. Corner buildings or corner units within multiple tenant buildings may have one additional wall sign provided both signs are not placed on the same wall. 7. No internally lit cabinet signs shall be permitted. - ~.lqOA IW.~ Waterfront Subdistrict - The purpose of this district is allow maximum use of the waterfront for entertainment while enhancin he ~[q 0 6 2D01 2.2.33.18 2.2.33.19 2.2.33.20 for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. Permitted Uses a. All uses permitted within the Neighborhood Commercial Subdistrict are permitted. b. Marinas. (Group 4493. except all repair and storage of boats must be conducted in an covered area or area internal to the site.) Boats available for rental purposes sh~ll be located in the screened from the roadways Conditional Uses-Marina a. Fuel Facilities (if permitted the fueling Station canopy must be architecturally consistent with the building design.) Special Conditions for marinas a. All rep~nd ~tora~e sh~ll not ~ vis!~l~om the local street. b. Boats available for rental purposes shall be located in the water or properly screened from the local roadways ?~ All boat racks shall be enclosed. Height of structures may be increased to a maximum height of fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. The BZA, in addition to the findings in section 2.7.5, shall consider the following: will a literal interpretation of the provisions of this zonin code ' ~ose a financial on the 2001 2.2.33.21 2.2.33.21.1 2.2.33.22 2.2.33.22.1 2.2.33.22.2 Parking 1. Parking requirements are the same as those set forth in the Neighborhood Commercial sub-district. 2. Marinas- one parking space per five dry boat storage spaces. On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach on residential developments. Residential Subdistrict 1 (RI). The purpose of this district is to encourage the development of multifamily residences as a transitional use between commercial and single-family development. The multifamily buildings shall be compatible with the building patterns and faqade articulation of traditional neighborhood design. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. Permitted uses. The following uses are permitted as of right. a. Single -family dwellings b. Two-family dwellings c. Townhouses d. Multi-family dwellings Uses accessory to permitted uses. 1. Uses and structures that are accessory to and incidental to the uses permitted as of right. 2. Private docks and boathouses subject to section 2.6.21 and 2.6.22. JUhl 0 6 2001 2.2.33.22.3 Minimum lot width: Single-family: 50 feet. Two-family: 50 feet. Townhouses 25 feet Multi-family 100 feet. 2.2.33.22.4 R-1 Yard requirements. The following yard requirements shall apply and are in relation to the platted property boundaries. Front Yard At* Min. Side Yard Min. Rear Yard 7-1/2 feet unless One (Single) Family 10 feet abutting commercial 15 feet Dwelling Units property, then 5 feet 5 feet unless abutting Two Family 10 feet single family unit, 15 feet Dwelling Units then 7.5 feet 0 feet when abutting another townhouse, if Townhouse 10 feet not then the same 15 feet standards as a two family dwelling unit. Multiple Family 5 feet unless abutting (Three or more) 10 feet single family unit, 15 feet Dwelling Units then 7.5 feet *Shall be 10 feet from the property line to the building footprint. 2.2.33.22.5 Minimum floor area: 750 square feet per unit 2.2.33.22.6 Maximum height of structures.(Measuredfrom Federal Emergency Management Agency (FEMA) to building eave) 1. Principal structures. Three habitable floors or a measure of 40 feet. 2. Accessory structures. 15 feet except for screen enclosures, which may be the same height as the principal structure but in no event greater than 35 feet. 2.2.33.22.7 Minimum off-street parking. 2.2.33.22.8 1. Minimum off-street parking is one space per dwelling unit. 2. There shall be no visible parking area from the frontage road. On street parking requirements.(RESERVED) 2.2.33.22.9 Building placement and design. Buildings and their elements shall adhere to the following: (See figure ~i!~: Buildings shall be divided using articulation and/or modulation at leas 80 feet. Facade modulation is stepping back or extending forward a poi the faqade at least 6 feet measured perpendicular to the front faqade f( 2.2.33.22.10 2.2.33.22.11 2.2.33.22.12 2.2.33.22.13 interval. Articulation includes porches, balconies, bay windows and/or covered entries. 2. The primary residence shall be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street. 3. On comer lots, both street facades of a building shall have complementary details; in particular, building materials and color, rooflines and shapes, window proportions and spacing, and door placement. 4. All mechanical equipment must be screened with a three-foot height hedge spaced three feet on center or an opaque fence or wall at any height to completely screen the mechanical equipment. 5. Stem wall construction required, no monolithic construction allowed. Elevation. Buildings shall adhere to the following elevation requirements: 1. The first habitable floor at the street faqade may not be greater than one foot over the minimum first floor elevation designated in the National Flood Insurance Program by the Federal Emergency Management Agency (FEMA). A maximum of 40% of the first habitable floor may be greater than one foot over the FEMA-designated minimum first floor elevation. 2. Open stilt-type construction is not permitted. On front yards, the faqade area below the first floor must be treated with a solid facade or lattice, which is consistent with the architectural style of the building. 3. The garage floor shall not exceed 24 inches above the elevation of the right- of-way from which it is accessed. Front Porches. Front porches that adhere to the following standards may encroach seven (7) feet into the front yard setback, with an additional three (3) foot encroachment allowable for entry stairs. 1. Front porches must cover a minimum of 40% of the horizontal length of the front yard faqade of the primary residence. 2. Front porch design and material shall be consistent with the architectural design and construction material of the primary residence. 3. Front porches shall not be air-conditioned nor enclosed with glass, screen, or other material. 4. Second-story porches are encouraged, but no enclosed room is permitted above the front porch. Garages and driveways. 1. The rear setback may be reduced to 10 feet if a front-access garage is constructed on the rear of the residence. 2. Garage doors shall have a maximum width of 16 feet. 3. Only one driveway is allowed per 50 linear feet of front property line. The driveway shall have a maximum width of 18 feet in the right-of-way area. 4. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. 5. Garages shall be recessed a minimum of three (3) feet behind the front faqade of the primary residence. - 6. No carports are permitted. ar 6 2001 tt are not Accessory Units. An accessory units is a separate structure located at property and related to the primary residence for uses which include, g7 limited to: library, studio, workshop, playroom, or guest quarters. Ownership of an accessory unit ~ not be transferred independently of the primary residence. The following regulations regarding accessory units apply: 1. Only one accessory unit is permitted per Via~;nam~a~r~*'~:~an~m~ 2. The m~imum ~ea of an accessory unit is 550 squ~e feet, li~ted to one habitable floor. 3. The accessory unit may be above ~ ~,~o~ ~or may be connected to the primly residence by an enclosed breezeway or co~idor not to exceed eight feet in width. 4. The m~imum height of a structure containing a guest unit over a g~age is limited to 18 feet, measured from the level of graded lot to the eave, and with a m~imum overall building height of 24 feet to the top of the roof. A structure containing only a guest unit is limited to one story and 10 feet, measured from the ~MA first habitable floor height requirement to the eave, with a m~imum overall building height of 16 feet to the top of the roof. 5. For pu~oses of c~culating density, an accessory unit will count as one-half a dwelling unit. 2.2.33.22.14 Density. Maximum 12 units per acre, or as consistent with the Growth Management Plan. 2.2.33.23 Residential Subdistrict 2 (R2). The purpose of this district is to encour~ development of multifamily residences as a transitional use between corn and single-family development. The multifamily buildings shall be comlc with the building patterns and faqad.~e .ar[iculation of traditional neighborh~ lerclal ttibl~uN 0 6 2001 ,od design. Development standards for the district are the same as those set forth for the Residential Subdistrict 1, unless set forth below· 2.2.33.23.1 R-2 Yard requirements. The following yard requirements shall apply and are in relation to the platted property boundaries. Front Yard At* Min. Side Yard Min. Rear Yard One (Single) Family 25 feet 7.5 feet 15 feet Dwelling Units 6 feet unless abutting Two Family 25 feet single family unit, 15 feet Dwelling Units then 7.5 feet 6 feet unless abutting Townhouse 25 feet single family unit, 15 feet then 7.5 feet Multiple Family 6 feet unless abutting (Three or more) 25 feet single family unit, 15 feet Dwelling Units then 7.5 feet *Shall be 25 feet from the property line to the building footprint. 2.2.33.24 Residential Neighborhood Commercial Subdistrict (RNC). The purpose and intent of this subdistrict is to allow limited home occupational businesses. Home Occupations as required in Section 2.6.20, shall apply unless specified otherwise below. Development standards for the district are the same as those set forth for the Residential Subdistrict 2, unless set forth below. 2.2.33.24.1 2.2.33.24.2 The home occupations permitted include: accounting,, ,~it~,:~nd · ~,i ~,~,~ ~ ~. ber sho s and beaut salon ~ bookkee in . .8~, , bar ~7 ~-~, .~ '-~ ~ .,.-'.,, g!: :., ~ · . ~ l~: en ~neer and ~ch~tectural ~ervices ~(8~I~ $~, ~nsur~ce agents and brokers , leg~ serwces , real estate agents ~:~3~l~'e~:.~Pt~.~ The home occupation shall be clearly incidental to and secondary to the use of the dwelling for dwelling purposes and shall not change the character of the dwelling unit. The following conditions shall be met: 2~ ~ The resident of the home shall be the owner and operator of the business. 3~ ~ The business shall not occupy more than 30% of the primary residential structure. ~ The business shall not employee more than two employees at any g time. Employees, customers or clie~sq the home occupation are permil A~?~DA ITEM ~venno' JUN 0 6 2001 Ied to travel to and from the residence. 8~ 2.2.33.25 Effective Date. This section, known, as the Bayshore Mixed Use Overlay District shall not become legally effective until the Comprehensive Plan Amendment, which this section is based on, becomes legally effective (Ordinance 2000-87). JUN 0 6 2001 Figure 4-Typical front elevation for residential development. JUN 0 6 2001 Figure 4-Typical front elevation for residential development. JUN 0 6 2001 ORIGIN: Planning Services Staff AUTHOR: Ray Bellows Principal Planner DEPARTMENT: LDC SECTION: Planning Services 2.2.34 LDC PAGE: Unknown at this time. CHANGE: To amend the Goodland Zoning Overlay District as follows: Add a standard that reduces the minimum lot area for those properties zoned "RSF-4" in Goodland from 7,500 sq. ft. to 5,000 sq. ft. · Add a standard that reduces the minimum interior lot width for the "RSF-4" zoned properties in Goodland from 70 feet to 50 feet. · Reduce the side yard setback in the RSF-4 District in Goodland from 7.5 feet to 5 feet to reflect the existing conditions. · Allow parking of recreational vehicles and equipment in the front yards of properties within the VR and RSF-4 zoning districts. · Allow fishing related equipment (crab traps/boats) to be stored on property or when associated with fishing related business. · Allow parking of property owner's vehicles in the swales fronting the property owner's lot within the VR and RSF-4 zoning districts. REASON: Based on a survey of 152 property owners in Goodland, a majority of the respondents indicated their desire to have a zoning overlay that provides development standards that maintains the small town - fishing village environment of Goodland. To that end, the zoning overlay will allow for the storage of fishing and recreational related equipment in the front yards in any residential zoning district. In addition, the reduction to the minimum lot area and lot width requirements of the "RSF-4" District are intended to make the pre-existing non-conforming platted 5,000 square foot lots with a minimum interior lot width of 50 feet conforming lots of record. Furthermore, any new subdivision on the remaining vacant land will allow lots that reflect the currently platted "RSF-4" lots. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Division 2.2.9. (Village Residential) LDC Division 2.2.4. (RSF-4) LDC Division 2.6.7.2. (Recreational Vehicles) ~ll~ JUN 0 6 2001 LDC Division 2.1.15. (Prohibited Uses & Structures) Amend the Land Development Code as follows: Sec. 2.2.34. GOODLAND ZONING OVERLAY (GZO) DISTRICT 2.2.34.1 Purpose and Intent: To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay District (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected, and preserved and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. 2.2.34.2 Geographic Boundaries: The boundaries of the Goodland Zoning Overlay District are delineated on Map 1 below. q¥ JUN [I 6 892 PEAR TREE MANGO AVENUE COCONUT AVENUE PALM A~NUE VR GOODLAND ZONING OVERLAY BOUNDARY MAP 1 2.2.34.3 Applicability: These regulations apply to the above-described geographic area. These regulations are intended to supplement the existing land development regulations found in the LDC. In the event of a conflict between other provisions of this Code and these regulations, these regulations contained in this overlay shall control. 2.2.34.4 Development criteria. The development criteria and standards for each zoning district in Goodland as provided for in this Code shall apply for all uses and structures in this overlay district unless specifically superseded below. 2.2.34.4.1 Maximum building height. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use provided that no residential building may contain more than two (2) levels of habitable space. 2.2.34.4.2 Minimum lot requirements. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use exce'>t for the followin~ JUN 0 6 2001 Single family/Mobile Home: Minimum Lot area: 4,275 square feet. Minimum Lot width: 45 feet. 2.2.34.4.3 Minimum lot requirements. As provided for in the Residential Single Family District (RSFo4) for each permitted, accessory, and conditional use except for the, following: a. Minimum Lot area: 5,000 square feet. b. Minimum Lot width: 50 feet. 2.2.34.4.4 Minimum yard requirements. As provided for in the Residential Single Family District (RSF-4) for each permitted, accessory, and conditional use except for the, following: a. Side Yard: 5 feet. 2.2.34.5. Parking/storage of major recreational equipment and personal vehicles. 2.2.34.5.1. Property owners within the VR and RSF-4 zoning districts (except for specifically designated Travel Trailer Subdivisions) may park or store their boats, trailers, recreational vehicles and other recreational equipment in any yard subject to the, following conditions. a_. No recreational equipment shall be used for living, sleeping, or housekeeping. purposes when parked or stored on a VR or RSF-4 zoned lot. b~ No recreational vehicle or equipment shall exceed 35 feet in length c_. No recreational vehicle or equipment shall be parked, stored or encroach in any County right-of-way or easements). d__:. Recreational vehicles or equipment that exceed 35 feet in length shall be subject to the provisions of Section 2.6.7.2 of this Code. 2.2.34.5.2. Property owners within the VR and RSF-4 zoning districts may park their personal vehicles in a drainage swale subject to the following conditions. a_. No vehicle shall block or impede traffic when parked in a drainage swale on a VR or RSF-4 zoned lot. 2.2.34.6. Storage and display of fishing related equipment. 2.2.34.6.1. Property owners within the VR and RSF-4 zoning districts may store or display fishing equipment (crab traps, anchors and other similar equipment) in any yard ..subject to the following conditions. JUN 0 6 2001 a. The storage of fishing related equipment is allowed only in association with a fishing related business. This shall not prohibit the use of one or two of such fishing related items for decorative purposes. b. The storage of toxic materials is prohibited. c. The storage or display of any fishing related equipment must be kept a minimum of 5 feet from any property line or County right-of-way. Revised: 3/20/01 JUN 0 6 2001 ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGES: LDC2:192.1 - 2.192.2.3 LDC SECTION: 2.6.21 Dock facilities CHANGE: 1.) Add a provision allowing administrative approval of more liberal waterway width measurements for determining dock protrusion distance on platted waterways less than 100 feet wide where the mean high water line has receded from the property line; 2.) Revise dock facility extension criteria; 3) Revise the section dealing with boathouses to clarify the relationship between a boathouse and its associated dock facility, and identify which criteria (dock extension and boathouse, or boathouse alone) apply under what circumstances. In addition to these major changes, a number of minor "housekeeping" changes have been made throughout the section. Due to the difficulty in obtaining LDC supplements from the vendor, the original section has been struck through in its entirety and a clean version substituted. The major revisions have been ~g;~. REASON: 1.) Accretion on narrow waterways not reinforced by seawalls sometimes results in a true waterway width of less than that indicated on a plat, and the code requires that platted waterway width be used whenever available. This change would allow affected property owners to measure their protrusion distance from the mean high water line, rather than the property line (the most restrictive point) once certain requirements for approval have been met. 2.) Questions have been raised regarding how many of the dock facility extension criteria must be met in order for the Planning Commission to approve an extension. The criteria have been separated into five primary and six secondary criteria, with a requirement that at least four of the primary and four of the secondary be met in order to approve the petition. Questions have also been raised regarding the water depth at the site and its relationship to the vessel(s) intended to use the dock. The language has been revised in order to clarify this relationship. Language of all other criteria has been revised as well in an attempt to clarify what objective standards of approval for each criterion need to be met. The two criteria dealing with the impact of the proposed dock on the view of nearby property owners, the most subjective of the criteria, have been reduced to one, with the emphasis shifted to the view of abutting property owners. 3.) Combining dock extensions and boathouses in the same section has causes some confUsion over their relationship. The language has been revised to discriminate between simultaneous applications for dock extensions with boathouses, and applications for the addition of a boathouse or covered structure alone to an existing dock. FISCAL & OPERATIONAL IMPACTS: The change involving measurement of waterway width would require an administrative variance application to allow staff to evaluate the request. The fee for this application is $400. Clarification of dock extension criteria would reduce the grounds for appeal of Planning Commission decisions as well as the possibility of s~ litigation. :oseq~A ~rt JUN 0 2001 RELATED CODES OR REGULATIONS: LDC Section 2.6.22 (Manatee protection) Sec. 2.6.21. Dock facilities. JUN 0 6 2001 JUN 0 6 2001 Jonn4'Jn-- n'JL~ 'JJ,~n --.n~n,n,,"~ ,~lnnJt gnn-eJJJ'~n~ ^GENO^ ,TEM JUN 0 6 2001 JUN 0 6 2001 PJ.~ Sec. 2.6.21. Dock facilities. 2.6.21.1. Individual or multiple private docks, including mooring pilings, davits, lifts and the like are permitted to serve the residents of a development having waterfront property as described in Division 6.3 Definitions, provided they do not protrude more than the respective distances specified in sections 2.6.21.2, and 2.6.21.3, for such waterway or waterbody. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access by users for routine maintenance and use while minimally impacting the navigability of the waterway, the native marine habitat, manatees, and the use and view of the waterway by surrounding property owners. AGENDA ITEM No. JUN 0 6 2001 2.6.21.1.2. On unbridged barrier islands, a boat dock shall be considered a permitted principal use~ however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and or structures. Boathouses and dock facilities proposed on residentially zoned properties as defined in section 2.1.4 of this Code, shall be considered an accessory_ use or structure. Boathouses shall be required to be approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4. In addition, any covered structure erected on a private boat dock shall also be considered an accessory_ use, and shall also be required to be approved through the procedures and criteria of section 2.6.21.3. and 2.6.21.4. of this code_ 2.6.21.1.3. Non-residential dock facilities shall be subject to all of the provisions of section 2.6.21 of the code, with the exception that protrusions for non-residential dock facilities beyond the specified limits shall be determined administratively by the Planning Services Director at the time of Site Development Plan review, based on an evaluation of the criteria in section 2.6.21.3. of the code. 2.6.21.2. Dockfacili~_ requirements and restrictions. The following criteria apply to dock facilities and boathouses, with the exception of boat dock facilities on manmade lakes and other manmade bodies of water under private control. 2.6.21.2.1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse, dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). A dock extension in accordance with section 2.6.21.3. may be granted to allow a protrusion of more than 20 feet. 2.6.21.2.2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is lesser. A dock extension in accordance with section 2.6.21.3. may be granted to allow a protrusion of more than 20 feet, but at no time shall such an extension be granted to allow more than 25 percent of the waterway width to be occupied. 2.6.21.2.3. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in sections 2.6.21.2 or 2.6.21.4 or as exempted below. All dock facilities (except boathouses) on lots with less than 60 feet of water frontage shall have a side setback requirement of 7 1/2 feet. All dock facilities (except boathouses) on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7 1/2 feet as measured from the side lot line or riparian line, whichever is appropriate. 2.6.21.2.3.1. Riparian lines (see Division 6.3, Definitions, riparian line) for lots at the end or side end of a waterway with a regular shoreline are established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the two intersecting lots (see Exhibit A). Riparian lines for all other lots should be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines, or lines drawn perpendicular to the centerline (thread) of the waterway, pr perpendicular to the i~c '-'J~C_.,E~A ~r_~, 0 6 2001 deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines. 2.6.21.2.4. All dock facilities, regardless of length/protrusion, shall have reflectors and house numbers four inches minimum size installed at the outermost end, on both sides. For multifamily developments, the house number requirement is waived. 2.6.21.2.5. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including but [not] limited to the requirements and permits of the Florida department of environmental protection, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 2.6.21.2.6. Protection ofseagrass beds. Where new docking facilities are proposed or boat dock extensions, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of one inch to 200 feet when available from the county, or a scale of one inch to 400 feet when such photographs are not available from the county. The location of seagrass beds shall be verified by a site visit by the site development review director or his designee prior to issuance of any project approval or permit. 2.6.21.2.6.1. Ail proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation and hard bottom communities. 2.6.21.2.6.2. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property the applicant shall be allowed to build a dock across the seagrasses, or a docking facility within ten feet of seagrasses. Such docking facilities shall comply with the following conditions: 1. The dock shall be at a height of at least 3.5 feet NGVD. 2. The terminal platform of the dock shall not exceed 160 square feet. 3. The access dock shall not exceed a width of four feet. The access dock and terminal platform shall be sited to impact the smallest area of seagrasses possible. 2.6.21.2.6.3. The petitioner shall be required to demonstrate how negative impacts to seagrasses and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. Dock facili~_ extension. 2.6.21.3. beyond the limits established in section 2.6.21.2 may be considered appropriate under c~ circumstances. The Collier County Planning commission, at a duly advertised public hi Additional protrusion of a dock facility into any waterway arin.~.~ JUN 0 6 2001, shall approve, approve with conditions, or deny, a dock facility extension request based on the criteria below. As to any boat dock extension petition upon which the planning commission takes action, pursuant to section 5.2.11 of this Code, an aggrieved petitioner or adversely affected property owner may appeal such final action to the board of zoning appeals. The board of zoning. appeals may affirm, affirm with conditions, reverse, or reverse with conditions the action of the planning commission. Such appeal shall be filed with the Community Development and Environmental Services Division and shall be noticed for hearing by the board of zoning appeals Pur~:!~procedures and fee set forth in section 1.6.6 of this ex 0 6 2001 AGENDA ITEM Ne. JUN o 6 2001 P~' 2.6.21.4.1. Minimum side setback requirement: 15 feet. 2.6.21.4.2. Maximum protrusion into wat~ is less; ~h'e i,o~ of canal width or 20 feet, whichever 2.6.21.4.3. Maximum hei 5~feetas;measum~,~0m ~0p 2.6.21.4.4. Maximum number of boathouses or covered structures per site: One (1). 2.6.21.4.5. All boathouses and covered structures shall be completely open on all four sides 2.6.21.4.6. Roofing material and roof color shall be the same as materials and colors used on the (Ord. No. 92-73, § 2; Ord. No. 93-37, § 3; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 95-58, § 3, 11-1-95; Ord. No. 96-21, § 3; Ord. No. 97-26, § 3.D, 6-4-97; Ord. No. 99-46, § 3.D, 6-16-99; Ord. No. 00-8, § 3.F, 1-25-00; Ord. No. 00-43, § 3.F, 6-14-00; Ord. No. 00-92, § 3.D, 12-13-00) Code references--Coastal zone protection, § 22-286 et seq.; waterways, ch. 146. JUN 0 6 2001 ORIGIN: Community Development and Environmental Services AUTHOR: Barbara Burgeson, Sr. Environmental Specialist, and Michelle Arnold, Code Enforcement Director, Patrick G. White, Assistant County Attorney DEPARTMENT: Planning Services LDC PAGE: LDC 2:217 (Supp. 11) LDC SECTION: 2.6.34. Annual Beach Events Permit CHANGE: To amend the Annual Beach Events Permit, Section 2.6.34. of the Land Development Code, for the purpose of adding a more specific penalties section, to clarify allowable uses during sea turtle nesting season, and to amend the standard permit conditions. REASON: The Annual Beach Events Permit section of the LDC was created during amendment Cycle 2 in 2000. At that time staff did not include a specific penalties section. It has become apparent that this is needed for staff to enforce the language in this section for certain violations. This amendment adds the necessary penalties section and is consistent with the penalties section in the Vehicle on the Beach section of the Code. It also became apparent since this section of the Code was adopted that clarification and modifications of other language contained herein was needed. FISCAL & OPERATIONAL IMPACTS: The operational impacts from the staff-supported amendments would be minimal. Unless there were violations to this code, the cost to the commercial beachfront hotel property owner would also be negligible. RELATED CODES OR REGULATIONS: LDC 3.14. & 3.13. 2.6.34.1. 2.6.34.1. 2.6.34.2. Annual Beach Events Permit: The owner of beachfront commercial hotel-resort property may apply for an Annual Beach Events Permit. The Planning Services Director, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned Beach Events as indicated on the permit form and exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation of § 370.12, F.S., or any of the provisions of the Endangered Species Act of 1973, as it may be amended. For purposes of this section, a "Beach Event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach and satisfy/ng one or more of the following criteria: The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and/or sound; or 3. The event: (a) is attended by 25 or more people and is organized by or with the help of the commercial property owner; and (b) is of a nature not commonly associated with the day-to-day use of the beach by the general public. 2.6.34.3. Notice of Scheduled Events: 2.6.34.3.1 On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all Beach Events scheduled for the following month, in the form and content made a pan of the Annual Beach Events Permit application. The notice shall indicate the date, time and duration of each event. 2.6.34.3.2. If a Beach Event is scheduled after the monthly notification has been furnished to Collier County, the property owner shall furnish the County with a separate written notice at least 48-hours prior to such event. 2.6.34.3.3 All notices or documents furnished to Collier County pursuant to the permit or these regulations shall be sent to Collier County Planning Services Department and for events that occur during sea turtle nesting season, to the Collier County Natural Resource Department as well. 2.6.34.4. Event Cancellations and Postponements: 2.6.34.4.1 . If a scheduled Beach Event is canceled or postponed, the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, however the property owner shall make every effort to notify the County staff a minimum of 4 hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided. 2.6.34.4.2. If a Beach Event is canceled or postponed, and no other Beach Events are scheduled for the date of the canceled/postponed event, and Collier County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of Beach Events authorized by the permit. 2.6.34.5. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through October 31 st of each year): ...... r~_..: ........ ~ ..,~ ..... ; ........ r~ t: .... ,~ ~.~u ~,.. also subject to the following ............ regulations: 2.6.34.5.1. Acc, py cf thc All required Florida Department of Environmental Protection (FDEP) Field Permits, ir ..... :~.~ I21~I~D _ .. ,,,,~ ..... by, ,_,,_.,, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 2.6.34.3. 2.6.34.5.2. Consistent with section 3.13.7.3, and 3.14.6, no structure gset up, :~'--~:~ .......... ~ or beach raking; or mechanical cleaning activity for an_y particular Beach Event shall .net commence until after monitoring conducted by personnel with prior experience and 2.6.34.5.3. 2.6.34.5.5 2.6.34.5.5 training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed ~ Prior to all scheduled beach events, every_ beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 30- foot radius out from each sea turtle nest that has been identified and marked on a beach. Use of vehicles on the beach is prohibited, except as may be permitted under Section 3.14.3, 3.14.5, or 3.14.6.-o~hhisqmd~. Consistent with section 3.13.7.3, &_all materials placed on the beach for the purpose of conducting t-he permitted Beach Events a~al! must be removed than ......... one ~c i~ the date of from the beach by no later the eventi and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune ~hfii 2.6.34.5.6 2.6.34.5. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event. 7 Identification of sea turtle nests on the beach may cause the Beach Event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County ~i~ff in order to protect the identified s~a turtle nests 2.6.34.5.~ 2.6.34.5.~ 2.6.34.6 Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three (3) inches shall be subject to the approval of the FDEP and Collier County. A copy of all Nnotices required by trig any permit or these regulations gkal! must also be f:umished provided by the permit holder to Collier County Natural Resources Department. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of this section are subject to the following penalties: 1. Violations which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to a $500 fine per violation. 2. Violations which occur during sea turtle nesting season and are: ao any activity that may cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) setting up a beach event prior to daily sea turtle monitorin event materials from the beach to beach have lights, so required, turned out by 9:00 p.m.; or 4) not placing additional barriers around nests as required by sec. 2.6.34.5.3; are subject to the following penalties: First violation: Second violation: Third or more violation: $500 fine. $1,000 fine and a seven day suspension of permits for beach events. $5,000 fine and a thirty day suspension of permits for beach events. b. any activity that would not cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) failing to notify the County of a beach event; 2) failing to provide the County with copies of Florida Department of Protection permits prior to each beach event; or 3) having beach event materials or related structures set, placed, stored on, or within ten feet of any beach dune~ are subject to ~P~i~io a $500 fine. COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403-2400 EXHIBIT "A" STANDARD PERMIT CONDITIONS o Security: Property Owner is responsible for ensuring that adequate security is provided for each Beach Event. Traffic Safety: Authorization from the Collier County Sheriffs office may be required for certain Beach Events. Property Owner is responsible for consulting the Collier County Sheriffs Office to determine whether separate authorization for a particular event is required. Use of Electrical Apparatus: Need to speak with Building Department Signage: Use of signs shall be subject to the provisions of the Collier County Land Development Code. Noise: All music shall be subject to the terms and conditions of Property Owner's Music Permit, which permit may be obtained from Collier County on an annual basis. Restrooms: Existing restroom facilities must be adequate, or additional portable faculties made available and not located on the beach. Vehicles On Beach: Use of vehicles shall be subject to provision of Collier County Land Development Code {}3.14. Public Access: Beach Events shall be conducted in a manner that does not interfere with the public's ability to traverse that portion of the beach owned by the State of Florida. No structures may be set, placed, or stored on, or within ten feet off any beach dune. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through Octo er Sro eac year: ..... e, ................. o ............................. also subject to the following cc.n~itic, ns regulations: ,~eop,po-f-t~ All required Florida Department of Environmental Protection (FDEP) Field Permits, ;~ ..... :~.~ ,... r:r,r~r, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 2.6.34.3. B. Consistent with section 3.13.7.3, and 3.14.6, no structure gfi_et up, including or beach raking; or mechanical cleaning activity for any particular Beach Event shall not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area of no less than 30 feet around each sea turtle nest that has been identified and marked on a beach. D. Use of vehicles on the beach is prohibited, except as may be permitted under i-n Section 3.14.3, 3.14.5, or 3.14.6. e, ft~/.~ Uo Consistent with section 3.13.7.3, Aall materials placed on the beach for the purpose of conducting the permitted Beach Events shall must be: 1) removed from the beach by no later than ~ one' hour afle~:~Set on the date of the event; and 2~ no structures may be set, placed, or stored on, or within ten feet of any beach dune. except that materials may remain in an identified staging: area"Until' 10::00 O~in~ ~ location and size of all staging areas Will be as identified in the annual .beaCh::~e~ent.q permi~ F. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event. Gl Identification of sea turtle nests on the beach may cause the Beach Event to be relocated from its planned location or to have additional r_easonab~le, limitations placed on the event pursuant to the recommendation of Collier County N~,~aral:P~b,~¢i/i~ H. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three (3) inches shall be subject to the approval of the FDEP and Collier County. A copy of all Nnotices required by tki,~ any permit or these regulations :,ha!! must also be f:umished provided by the permit holder to Collier County Natural Resources Department. ORIGIN: Code Enforcement AUTHOR: Code Enforcement Investigator John Marsh DEPARTMENT: Code Enforcement LDC PAGE: LDC2:253 LDC SECTION: Sec. 2.7.6. (5) CHANGE: Require a reasonable time frame to obtain inspections and certificate(s) of occupancy on issued after the fact permits. REASON: Currently Code Enforcement investigates cases of which structures, additions, repairs, or remodeling has been completed without obtaining a permit, inspection and a certificate of occupancy. Code Enforcement makes the violator obtain an after the fact building permit however, in most cases the violator will not call for the required inspections or get the required certificate within the six month period before permit abandonment shall be deemed. This will address the lack of monitoring the required building inspections and certificate of occupancy without keeping cases open for long periods of time. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.7.6. Building permit and certificate of occupancy compliance process. 5. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under land development code or other applicable county regulations. Exceptions to this requirement may be granted by the community development and environmental services administrator for an approved subdivision or site development plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 3.2.8.3.6 of this code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to division 3.9. a. In the event the improvement of property, construction of any twe] repairs or remodeling of any type that requires a building permit h~ b~en! 2001 completed all required inspection(s) and certificate(s) of occupancy must be obtmn w~th~n ~ty {60~! days after the ~ssuance of after the fact permit(s). AGED~A tTEM No. JUN 0 6 2001 Pg.~ ORIGIN: Community Development & Environmental Services AUTHOR: Nancy Siemion, Landscape Architect DEPARTMENT: Planning Services LDC PAGE: 2:290 LDCSECTION: 2.8.3.7.2. Landscaping CHANGE: Increase the size of trees in parking lots proportionately to the size of the parking area. Projects with larger parking lots will have larger trees. REASON: To soften the appearance of large parking lots in front of commercial shopping centers. FISCAL & OPERATIONAL IMPACTS: The trees will cost anywhere from $ 400 to $600 per tree. (Under the current standards, trees cost $150 to $ 400 per tree). RELATED CODES OR REGULATIONS: Division 2.4 Landscaping and Buffering 2.8.3.7.2. Landscaping. The following requirements, with the exception of building perimeter plantings, shall be counted toward the required greenspace and open space requirements of division 2.4. of this code. Until the time specified below, :~ at time of planting, trees in vehicular use areas shall be a minimum of 12 to 14 feet height with a six-foot spread and a two and one-half inch caliper and shall have a clear trunk area to a height of seven feet. o Beginning on June 1, 2002, at time of planting, trees in vehicular use areas shall be a minimum of 14 to 16 feet height with a six to eight foot spread and a three to four inch caliper and shall have a clear trunk area to a height of six feetl JU l 0 6 2001 ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas Kuck, Engineering Review Manager, John Houldsworth, Senior Engineer, Donald Blalock, CDES-Technical Professional & County GIS Consultant DEPARTMENT: Planning Services LDC PAGE: LDC3:23 LDC SECTION: 3.2.6.5.3 (3) Subdivision Improvements CHANGE: To require applicant's professional engineer to supply subdivision plat improvement plans in which all data be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983 (NAD83 datum), with United States Survey Feet (USFEET) units; files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.), acceptable to the development services director at the time of preliminary acceptance of the subdivision improvements. REASON: The Community Development and Environmental Services Division is in the process of having thousands of sheets of record Mylar drawings scanned to be saved in CD format as well as having a new Geographical Information System (GIS) coming on line within the next few months. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and reduce the number of paper copies to be submitted., and to the drawings. A disk received from the applicant's engineer is easier and cheaper to transfer to CD than scanning a Mylar drawing. FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced fees to have record construction drawings converted to CD format. RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions 3.2.6.5.3 (3) Completion certificate, record improvement plans and supportive documents. The required improvements shall not be considered complete until a statement of substantial completion by the applicant's professional engineer of record along with the final development records have been furnished to, reviewed and approved by the development services director for compliance with this division. The applicant's professional engineer of record shall also furnish one set of record improvement plans on a Mylar or other similar acceptable material, with a minimum of two mil thickness, and two sets of certified prints acceptable to the development services director, showing the original design in comparison to the actual finished work. The Mylars shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. The applicant' s professional engineer shall also submit acc, mputer ~lc -..-- Pg...-~~ digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum datum), with United States Surve' les shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by County Staff. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and reduce the number of paper copies to be submitted. In addition all property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels - all lines that form the parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - lottxt layer. In addition, a copy of applicable measurements, tests and reports made on the work and material during the progress of construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional land surveyor and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: 3.2.6.5.3 (3) LDC AMENDMENT/JH JUN 0 6 2001 ORIGIN: Planning Services, Engineering Review Section AUTHORS: Thomas E. Kuck, P.E., Engineering Review Manager, John Houldsworth, Senior Engineer DEPARTMENT: Planning Services LDC PAGE: LDC 3:32 LDC SECTION: 3.2 Subdivisions CHANGE: Add requirements for re-submittals of Construction Plans and Plats. REASON: To clarify expectations and provide for consistency in the review process. FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts. RELATED CODES OR REGULATIONS: 3.2 Subdivisions 3.2.8.2.18. Upon re-submittal of construction plans and plat, the engineer shall identify all revisions to the construction plans by lettering or numbering; the surveyor shall identify all revisions to the plat by highlighting the current revisions. The applicant shall also provide a written response to the county's comments, responding to each comment individually. AGENDA ITE.~ .~ JUN 0 6 2001 ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas Kuck, Engineering Review Manager, John Houldsworth, Senior Engineer, Donald Blalock, CDES-Technical Professional & County GIS Consultant DEPARTMENT: Planning Services LDC PAGE: LDC3:60.1 LDC SECTION: 3.2.9.1.6. Subdivision Improvements CHANGE: To require applicant's professional engineer to supply subdivision improvement plans in which all data be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983 (NAD83 datum), with United States Survey Feet (USFEET)) units; files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centedines - CL, edge-of-pavement - EOP, etc.) acceptable to the development services director at the time of preliminary acceptance of the subdivision improvements. REASON: The Community Development and Environmental Services Division is in the process of having thousands of sheets of record Mylar drawings scanned to be saved in CD format as well as having a new Geographical Information System (GIS) coming on line within the next few months. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and reduce the number of paper copies to be submitted. FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced fees to have record construction drawings converted to CD format. RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions 3.2.9.1.6. After the final subdivision plat has been approved by the development services director for compliance with this code as provided in this division, the applicant shall resubmit five certified sets of the previously approved improvement plans along with approved copies of all required county, state and federal construction permits. Thc. apr-': .... ..... ,~ o-,~'-',,~o,-, ~' ..... o~,~,,,~'--:' The applicant's professional engineer shall also submit a digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the State Plane coordinate sys[~m, with a Florida East Projection, and a North American Datum 1983~i~0 (NAD83/~0 with United ~ ~iles shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - centerlines - CL, edge-of-pavement - EOP, etc.). For a plan to be deemed comg - AC.~A ITEM ete, 0 6 2001 the layering scheme must be readily understood by County Staff. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and reduce the number of paper copies to be submitted. In addition all property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels - all lines that form the parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - lottxt layer., acc, mputcr ion. ..................................... ~ ..... t All construction permits required from local, state and federal agencies must be submitted to the development services director prior to commencing development within any phase of a project requiring such permits. 3.2.6.5.3 (3) LDC AMENDMENT/JH AGENDA rl'E~ JUN 0 6 2001 ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas Kuck, Engineering Review Manager, John Houldsworth, Senior Engineer, Donald Blalock, CDES-Technical Professional & County GIS Consultant DEPARTMENT: Planning Services LDC PAGE: LDC 3:78.1.1 LDC SECTION: 3.3.12. Site Development Plans CHANGE: To require applicant's professional engineer to supply site development plans in which all data be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983 (North American Datum 1983), with United States Survey Feet (USFEET) units; files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of- pavement - EOP, etc.) acceptable to the development services director at the time of preliminary acceptance of the subdivision improvements. REASON: The Community Development and Environmental Services Division is in the process of having thousands of sheets of record Mylar drawings scanned to be saved in CD format as well as having a new Geographical Information System (GIS) coming on line within the next few months. These digital submittal requirements are enacted to enable the County to serve our customers, the public, better. It will allow permitting applications to be reviewed faster, and reduce the number of paper copies to be submitted. FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced fees to have record construction drawings converted to CD format. RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions 3.3.12. Electronic Data Requirement& After the final site development plan has been approved by the development services director for compliance with this code as provided in this division, the applicant's professional engineer shall also submit a digitally created construction / site plan documents, one (1) disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and storm water drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983~I990 (NAD83/9~ datum), with United States Surve~ Feet ~iles shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by County Staff. These digital submittal requiremet3 enacted to enable the County to serve~ our customers, the public, better. It will allow per - ~'-.-A~AI ~ nittl~n~ _ JUN 0 6 2001 applications to be reviewed faster, and reduce the number of paper copies to be submitted. In addition all property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels - all lines that form the parcel boundary_ will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions - lottxt lager. 3.3.12. LDC AMENDMENT/JH AGENDA I'1''~ No. JUN 0 6 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Patrick White, Assistant County Attorney DEPARTMENT: County Attorney LDC PAGE: LDC3.90.3 LDC SECTION: 3.5 Excavations CHANGE: Change the applicability requirements for excavation permits to allow for changes in excavation regarding public facility improvement projects. REASON: This change will expedite the process used by the County or other public entity to build needed public roads, water and sewer improvements. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Amend the LDC Code as follows: Sec. 3.5.3. Applicability; permit required. It shall, be unlawful for any person, association, corporation or other entity to create, attempt to create, or alter an excavation without having obtained a permit therefore, except for publiq capital facility improvement projects, or as otherwise provided herein. 2001 ORIGIN: Community Development and Environmental Services AUTHOR: Barbara Burgeson, Sr. Environmental Specialist, and Michelle Amold, Code Enforcement Director, Patrick G. White, Assistant County Attorney DEPARTMENT: Planning Services LDC PAGE: LDC 3:157 (Supp. 11) LDC SECTION: 3.13 Coastal Construction Setback Line Variance CHANGE: To amend the Coastal Construction Setback Line Variance, Section 3.13, of the Land Development Code for the purpose of adding a more specific penalties section, and to clarify the exemptions from the CCSL section. REASON: A more reasonable penalty section was added to provide code enforcement staffthe language needed to be able to enforce this section of the Code. FISCAL & OPERATIONAL IMPACTS: The operational impacts from the staff-supported amendments would be minimal. The cost to the commercial beachfront property owner would also be negligible unless there were violations to this code. RELATED CODES OR REGULATIONS: 3.14. & 2.6.34. Division 3.13. Coastal Construction Setback Line Variance Sec. 3~13.7. Exemptions Sec. 3.13.7.3. Any structure(s),_such as beach umbrellas and beach fumiture~_that: l)..do not constitute fixed structure(s), 2) do not require a building permit, weigh less than 100 pounds~_and 4) upon review by the ~ _vlanning services director or his designees,_is/are determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (M~y 1 - October 31) unless the structures are removed daily from the beach ~tfi~n ~one ...~...: ~..~.. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring). Exemptions allowed under this provision are not intended to authorize any violation of § 370.12, F.S., or any of the provisions of the Endangered Species Act of 1973, as it may be amended. Sec. 3.13.9. Penalty and civil remedies 3.13.9.3.1 Penalty for a violation to Section 3.13.7.3. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of section 3.13.7.3, which occur during sea turtle nesting season: 1) setting up of any structures as defined in 3.13.7.3, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach mx~.~rone~mo~oI ~:i~i ~':~:hh~:~ 3) failing to have lights, so required, turned offbg 9:00 pm., are subject to the following penalties: First violation: U~I~ $500 fine.. Second violation: $1,000 fine and a five day suspension of the exemption allowing structures on the beach. $5,000 fine and a 10-day suspension exemption allowing structures on the beach. Third or more violation: of the ORIGIN: Community Development & Environmental Services Division AUTHORS: Barbara Burgeson, Sr. Environmental Specialist, Maura Kraus, Sr. Environmental Specialist and Michelle Arnold, Code Enforcement Director, Patrick G. White, Assistant County Attorney DEPARTMENT: Planning Services, Natural Resources, and Code Enforcement LDC PAGE: 3:160 (Supp. 11) LDC SECTION: 3.14. Vehicle on the Beach Regulations. CHANGE: This amendment was written by staff in response to a desire by hotels and commercial beachfront properties to use vehicles on the beach during sea turtle nesting season. During the last amendment cycle the BCC asked staff to consider the consequences of an amendment to the Code, to allow additional use of ATV's during sea turtle nesting season. Staff researched the potential harm that could be caused to protected sea turtles which nest on Collier County beaches'and recommended that very restricted use be allowed during sea turtle nesting season. As a result of meetings held with staff, and representatives of the commercial properties and the environmental organizations, changes are proposed to be made to 1) allow commercial beach front properties limited use of vehicles during sea turtle nesting season to facilitate setting up events on the beach and conducting routine business, 2) add a penalties section, 3) add tire identification section and 4) clarify the language regarding PSI of the tires. REASON: The proposed amendments would allow limited vehicular use on the beach during sea turtle nesting season, clarify the PSI description for tire pressure, provide for identification of vehicle treads, and set forth additional penalties to the vehicle on the beach section of the Code. This would provide County Code Enforcement and Natural Resources staff with precise definitions of violations and appropriate methods to resolve them. FISCAL & OPERATIONAL IMPACTS: The operational impacts from the staff-supported amendments would be minimal for the tire tread identification (approximately $50 per ATV tire). RELATED CODES OR REGULATIONS: Annual Beach Events Permits (2.6.34.1) & 3.13. Amend the LDC Code as follows: 3.14.3.4 Vehicle-on-the-beach permits issued in conjunction with special or annual beach events: Vehicles which are used in conjunction with functions on the beach, as permitted by an approved special event temporary use permit, or annual beach events permit, are exempt from the provisions of this division if a vehicle-on the-beach permit has been granted by the planning services director or his designee. All permits issued are subject to the following conditions and limitations: 3.14.3.4.1. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. AGENDA IT~ JUN O 6 2001 3.14.3.4.2. 3.14.3.4.3. 3.14.3.4.4. 3.14.3.4.5. 3.14.3.4.6. 3.14.3.4.7 Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection; The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ^TV's. All vehicles shall be equipped with large pneumatic tires ;.,n,..~a having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. Permits shall only be issued for ATV's when staffhas determined that: 1) due to the distance and the excessive weight of the equipment to be moved that it would be prohibitive in nature to use push carts or dollies or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited area. When not in use all vehicles shall be stored offthe beach; ~C 0 .... ., ',.'C C ~$,..~,.,~" +1-,~,..,.,,,, T.,~,~I.,,...,,...~.,.,.,., ,.,.,.,.,..,.,..,,~1"'~11 1..,^,.,,.. L-'"' "'""'"" .... ""'"'" """~ L,..., ....... oL.,..,.~ ~,..,,.,.,.,,..,.- During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored;:3) one (1) ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the Collier County Natural Resources Department (CCNRD); additional ~dors ~ be approved when appropriate and necessary~ a!~:g!ng:~rea;ma¥ :§eiappro~*~~~ and 4) except for designated corridors, all vehicles shall be operated below the Mean High Water line (MHW), as generally evidenced by- the previous high tide mark. If at anytime CCNRD determines that the designated corridor may cause adverse impacts to-the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, the Vehicle on the Beach permit may be suspended for the remaining period of the sea turtle season. 3.14.3.5. Vehicle-on-the-beach permits issued in conjunction with permanent concession facilities: shall be exempt from the provisions of this division if a vehicle-on-the- beach permit has been granted by the planning services director or his designee. Vehicles which are used in conjunction with approved permitted beach concession activities may be used to set up concession equipment and may be used to remove the equipment from the beach and return it to the approved storage area, subject to the following conditions and limitations: 3.14.3.5.1. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ^TV's. 3.14.3.5.2. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.5.3. All vehicles shall be equipped with large pneumatic tires ;~n~,,~ having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. 3.14.3.5.4. Permits shall only be issued for ATV's when one of the following criteria has been met: 1) Evidence has been provided that there is a need to move equipment, which, due to the excessive weight and distance, of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies. 2) A limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. 3.14.3.5.5. When not in use all vehicles shall be stored offthe beach; 3.14.3.5.6. These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. 3.14.3.5.7. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment until after the beach has been monitored; 3) one (1) ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the Collier County Natural Resources Department (CCNRD); additional corridors may be approved when appropriate and necessary_ and 4) except for designated corridors, all vehicles shall be operated below MHW, as generally evidenced by the previous high tide mark. If at anytime CCNRD determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available~ the Vehicle on the Beach permit may be suspended for the remaining period of the sea turtle season. 3.14.3.6. Vehicle-on-the-beach permits for other routine functions associated with permitted uses of commercial hotel property: Vehicles which are used in conjunction with tasks such as routine equipment set-up that cannot reasonably be accomplished without the use of such vehicle due to size, weight, volume and such, shall be exempt from the provisions of this division if a vehicle-on-thc-beach permit has been granted by the planning services director or his designee, subject to the following conditions and limitations: 3.14.3.6.1. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.6.2. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies. 3.14.3.6.3. Permits shall only be issued for ATV's when one of the following criteria has been met: 1) Evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies. 2) A limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. 3.14.3.6.4. All vehicles shall be equipped with large pneumatic tires :"n~'~'~ ' ....... '*'~- having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. 3.14.3.6.5. _When not in use all vehicles shall be stored offthe beach; 3.14.3.6.7 During sea turtle nesting season, thc following shall apply: 1) no vehicle may be used on thc beach until after completion of daily sca turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2~ consistent with sec. 3.13.7.3., there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment until after the beach has been monitored; 3) one (I) ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be established by the Collier County Natural Resources Department (CCNRD); additional corridors may be approved when a~ppropriate and necessary_ and 4) except for designated corridors, all vehicles shall be operated below MHW, as generally evidenced by the previous high tide mark. If at anytime CCNRD determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, the Vehicle on the Beach permit may be suspended for the remaining period of the sea turtle season. 3.14.3.7 Tire tread identifications: All rear tires shall be marked with raised metal lettering (minimum ¼ inch thick attached to the raised tread of the tires) in order that fiela identifications can be made when vehicles are used on the beach. This identification shall be required for all new vehicle on the beach permits issued for ATV's and for all vehicles using the beach during sea turtle season. Section 3.14.5. Beach raking and mechanical beach cleaning 3.14.5.1. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is r-eqqair-ed, obtained. 3.14.5.2. Beach raking and mechanical beach cleaning ~.~u ~. .... ,.:~..^ .......... -v .....must comply with the provisions of section 3.14.6 of this division. 3.14.5.3. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. 3.14.5.4. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed one inch, in order to avoid a potential increase in the rate of erosion. In cases where the one-inch depth is not sufficient, a maximum depth of two inches, as allowed by the department of natural resources, will be permitted where approved in writing by the development services director. 3.14.5.5. Heavy equipment shall not be used to conduct beach raking and mechanical beach cleaning. Lightweight vehicles having wide, low profile, low pressure tires shall be used to conduct beach raking and mechanical beach cleaning operations. Sec. 3.14.6. Operations of vehicles on the beach during marine turtle nesting season. The operations of motorized vehicles, including but not limited to and self-propelled, wheeled, tracked, or belted conveyances, shag-be is_a_prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except in-eases for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this division. Permits issued pursuant to this division are not intended to authorize any violation of § 370.12, F.S., or any of the provisions of the Endangered Species Act o f 1973, as it may be amended. 3.14.6.1 All ]3beach raking and mechanical beach cleaning during sea turtle nesting season, May I to October 31, of each year, shall be confined to the area of beach below mean high water as generally evidenced by-.o.r--b~s~o~ the previous high- m an ,~-,: -.,..,. .... ,....,.,...,,, o,.,, ,,,,,,,, -,-,.,,,,-,--e ,,,-,, ........... ., ........................ ~, ....... must not e n e recom e on of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 3.14.7 Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this division are subject to the following penalties: 3.14.7.!~ Violations of section 3.14.5., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to ~ a $500 fine per violation. 3.14.7.2. 1. Minor infractions which occur during sea turtle nesting season are subject to ~ a $500 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) without required tire tread identification; b) without permit being available for inspection; or c) with improper tire pressure. 2. Major infractions which occur during sea turtle nesting season are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use ora vehicle prior to daily sea turtle monitoring. 2) use ora vehicle after 9:00 pm, or 3) use ora vehicle outside of a designated corridor. First violation: $500 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities and annual beach events activities, for 70 days or the balance of sea turtle nesting season, whichever is less. ~econd violation: $1,000 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities and annual beach events activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Third or more violation: $5,000 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities and annual beach events activities, for 70 days or the balance of sea turtle nesting season, whichever is less. 3.14.7.3. Violations of sections 3.14.3.2.; 3.14.3.4.; 3.14.3.5.; or 3.14.3.6., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are ~Ubject to fl~ a $500 fine per violation. 3.14.7.4 Violations of sections 3.14.3.2.; 3.14.3.4.; 3.14.3.5.; or 3.14.3.6., which occur during sea turtle nesting season are subject to the following penalties: 1. Minor infractions are subject to ~ a $500 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity_; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) without required tire tread identification; b) with permit not available for inspection; or c) with improper tire pressure. 2. Major infractions are defined as any activity that may cause harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use ora vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:00 pm, or 3) vehicle being operated outside of a designated corridor. Maior violations are subject to the following penalties: First violation: $500 fine. Second violation: $1,000 fine and a seven day suspension of the vehicle on the beach permit. Third or more violation: $5,000 fine and a 30 day suspension of the vehicle on the beach permit. ORIGIN: Community Development & Environmental Services AUTHOR: Ronald F. Nino, AICP DEPARTMENT: Planning Services LDC PAGE: LDC6:17 LDC SECTION: Division 6.3 Definitions CHANGE: To revise the definition of ' Destination Resort Hotel' to more clearly define the conditions prerequisite to qualification. REASON: A Destination Resort Hotel enjoys a more favorable intensity rating than does a Travelers Hotel. To justify the higher intensity rating it is essential that there be in fact distinguishable differences between the two so that the advantages of the higher intensity application do not apply to the more traditional Travelers Hotel. Such a clarification particularly as it applies to land within the RT Resort Tourist district would eliminate the potential for utilizing a higher intensity rating where the hotel does not truly function as a Destination Resort Hotel. Destination Resort Hotels are hotels where the duration of stay is typically longer than that of a Travelers hotel because certain amenities and services are provided that encourages a vacation stay of several or longer days per stay. The current definition has proven inadequate and its correction is needed to prevent design intensity in terms of bedrooms higher than was expected. This can be achieved by requiring a relationship between amenity and service area space, to accommodation unit space, and to defining the elements of that amenity and service area space. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend the LDC as follows: 6.3 Definitions Destination Resort Hotel · means a transient lodging facility where patrons generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities, natural or made ~,,~r, fr~_~ ............. ~^ ,u~ r-_,,lC ^c ~,~v;~ ~,,;1;,.,. ........ lc ......... man- , ..... as .,,,,,,~,. ,~. ,~. ,,,.,.,.oo ,., ,.,..-,,~ .... ,,..,,.,,,,~, ,,,,-,,~ ,., .,o., ,, ~,,.,- ,...,,,o,., ....... e, ............................... e ................. ., ncun but not m e to: rect access to the Gulf of Mexico, (ii) on-site golf course and golf-related facilities, (iii) health spa and/or fitness center, (iv) other recreational amenities and on-site services, including full dining services and cocktail lounge, entertainment rooms for video and movies, and concierge services. Except that, for Destination Resort Hotels fronting on the Gulf of Mexico, an on-site golf course is not required. In all cases, a Destination Resort Hotel must include full dining services ~d cocktail lounge, and not less than twenty-five(25) percent of the gross floor area must be de'~ >ted IaENDIII'E~ to common usage and support service areas, such as but not limited to fitness room, health ;pa,~l°'- '- media room, meeting rooms, dining and lounge facilities,and spaces in support of °telju[q functions. ~ ~ Pg.~ ORIGIN: Community Development & Environmental Services AUTHOR: Maura Kraus, Senior Environmental Specialist DEPARTMENT: Natural Resources LDC PAGE: 6:47 LDC SECTION: 6.3 Definitions CHANGE: Add a definition for PSI (Pounds per Square Inch) calculations. REASON: FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 3.14.3 Exceptions; permit Amend the LDC Code as follows: 6.3 Definitions PSI (Pounds per Square Inch): Standard Formula _for Establishing Ground-to-tire (PSI) Formula for establishing a vehicles maximum ground-to-tim pressure in pounds per square inch (psi) for vehicle on the beach and beach cleaning permit conditions (See division 3.14.3): psi= Vehicle weight (lbs) / footprint (in2). Example: 404 lbs (ATV weight) + 200 (person and equipment weight) / 198 inches2 (ATV with a 6"X8.25" foot print X 4 tires) = 3.1 psi - AC.~r..~ A iTEM JUN 0 6 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Patrick White, Assistant County Attorney DEPARTMENT: County Attorney LDC PAGE: LDC6:49 LDC SECTION: 6.3 Definitions CHANGE: Add the word "water" and change the word "drainageway" to "drainage" in the definition of "Right-of-way". REASON: This change will remove any ambiguity regarding whether storm water retention facilities are included in the definition of right-of-way. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions Amend the LDC Code as follows: 6.3 Definitions Right-of-way: A strip of land, public or private, occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm water drainagew~-y, water main, sanitary or storm sewer main, or for similar special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way, whether public or private, hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. (See division 3.2.) AGENDA ~TEM JUN 0 6 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Susan Murray, AICP DEPARTMENT: Planning Services LDC PAGE: LDC6:59 LDC SECTION: Division 6.3 Definitions CHANGE: To clarify the definition of 'Structure' to more clearly define that "walls" as regulated in 2.6.11. "Fences", are intended to be regulated in the same manner as fences. REASON: The LDC's definition of a "Structure" specifically excludes fences, but does not mention walls. Walls, which function like a fences, should be and were intended to be excluded from the definition of a structure for the following reasons. LDC Section 2.6.11. "Fences," establishes the regulatory framework for fences. Within that section, both walls and fences are referenced. Within these regulations, there is no distinction between walls and fences, and in fact, all of the regulations for fences also apply to walls. Staff's opinion is that the only reason they are differentiated in section 2.6.11 is for clarification purposes, to insure that fences and walls are regulated in the same manner. It is obvious that the function of a fence or wall is identical, and their elevations, supporting mechanisms, and methods of attachment to the ground are nearly identical. The definition of Structure should be clarified to include the word "walls". FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.6.11 Amend the LDC as follows: 6.3 Definitions Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground. Fences and walls, gates or posts are not intended to be structures. (See division 3.4 [sic].) AGENDA ITE, NO. 0 {3 2001 ORIGIN: Community Development & Environmental Services AUTHOR: Susan Murray, AICP DEPARTMENT: Planning Services LDC PAGE: LDC6:65 LDC SECTION: Division 6.3 Definitions CHANGE: To correct an error in the definition of' Yard' REASON: The LDC's definition of a "Yard" mistakenly defines the open space as required to be "obstructed" by a structure rather than "unobstructed". FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend the LDC as follows: 6.3 Definitions Yard: The required open space, unoccupied and c, bstr'acted unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided, however, that fences and walls may be permitted in any yard subject to height limitations indicated herein. A~_.NDA ITEId JUN 0 6 2001 .... Hearing Examiner Program AGENDA IT JUN 0 6 2001 ORIGIN: Board of County Commissioners AUTHOR: Patrick G. White (050801-1200) DEPARTMENT: County Attorney's Office LDC PAGES: Amendments. As reformatted by these changes, see Summary Table of CHANGE: Revisions to existing LDC text, and the addition of new text, to implement an hearing examiner program. REASON: Text amendments are required to re-assign existing responsibilities and duties of the planning commission, environmental advisory council, board of zoning appeals, and board of county commissioners, and to establish new responsibilities and duties for the hearing examiner and board of county commissioners. FISCAL & ORIENTATION IMPACTS: As per prior Executive Summary of BCC Agenda October 24, 2000, $ 254,000, including initial start-up costs of $42,000. RELATED CODES OR REGULATIONS: Additional amendments to an existing Special Act have now been approved by the State Legislature; a new administrative code must be developed and then approved by the Board of County Commissioners prior to the effective date of these amendments which will be subsequently established by separate resolution of the Board. Amend the LDC as follows, all of this text comprising Sub-section 3.L., of the ordinance amending the LDC, except the concluding text for SECTION SIX, pertaining to special provisions for an additional effective date for only these provisions: Article 1: Division 1.8 Non-conformities Sec. 1.8.6. Change in use. If no structural alterations are made, upon application to the planning services director, any nonconforming use of a structure, or of a structure and premises in combination, may be changed to another nonconforming use of the same character, or to a more restricted nonconforming use, provided the ~'"~-'~....~...~ ... ''~ .....-'""~... ....... ,u .~-~--.-~.--'" hearin.q._ examiner, ........ ';,"--*~"-' *'- *~"~ '~ .... ~ ..... * .... ~""" '~'"'"*"" shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than :h~_ 1 of 60 AGENDA ITEM JUN O 6 2001 existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued, and so recommends to the board of county commissioners. In permitting such change, the bc~rd cf --'Ch!rig ..... '" hearing examiner may recommend, and the board of county commissioners may require_appropriate conditions and safeguards in accordance with the intent and purpose of this code. Sec. 1.8.10. Nonconforming structures 1.8.10.4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes, or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous I I residential use thereafter, may be altered, expanded, or replaced ~ Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may after destruction be rebuilt altec dc:truction to its thc prior extent, height and density of units per acre regardless of the percentage of destruction, subject to compliance with the applicable Building Code requirements in effect at the time of redevelopment. In the event of such rebuilding, all setbacks and other applicable district requirements shall be met unless a variance therefor is obtained from the ~"-'--'~ -'~ --'"'-; ....... i,. hearin.cl examiner. For the purpose of this division, a hotel, motel, or boatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion, or replacement of such nonconforming structures may vary widely, a site plan, and if applicable, preliminary building plans indicating the proposed alteration, expansion, or replacement shall be presented with each petition. Prior to granting such alteration, expansion, or replacement of a nonconforming single-family dwelling, duplex or mobile home, the consider and base ~ approval on the following standards and criteria: Article 2: Sec. 2.2.2. 2.2.2.3. Rural agricultural district (A). Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. 2 of 60 AGENDA ITL 23. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: (1) Permits or letters of exemption from the US Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the Planning Services Director prior to Site Development Plan approval. (2) The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. (3) The petitioner shall utilize only trails identified and approved on the Site Development Plan. Any existing trails shall be utilized before the establishment of new trails. (4) Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. (5) The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by thc Bc~rd cf --;,.,,, ;,, ,., A .... ~o during the conditional use process. ~,-'-'~ '" '~1 · 'l"'t (6) Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. (7) Molestation of wildlife, including feeding, shall be prohibited. (8) Vehicles shall comply with State and United States Coast Guard regulations, if applicable. (9) Annually all Thc ~'-'"-'~ cf Zcnlng A .... 'o conditional uses_ for tour operations, ,.,,'- ..... ,,,,~,~,,~'k' shall be reviewed by the hearing examiner. If during the review, at an advertised public hearing meetinq the requirements of section 2.7, it is determined,.,:,~"' *~'"',, ,.., ,.,,,,.,,'""'~-'~,., ,.,, '-'~ Zcnlng, ^,~,~,..,.,,.,'~' that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, then the headnq examiner will recommend to the E, board of '~"'"~""' ^ __ ~--,-~ ~ ,,. county commissioners may that it rescind the conditional use at an advertised public hearing meeting the requirements of section 2.7. AGENDA ITEM 3 of 60 JUN 0 6 2001 Sec. 2.2.23. Airport overlay district (APO): special regulations for specified areas in and around the airports in Collier County. 2.2.23.3.3. Variances. Any person desiring to erect or increase the height of any structure or use his property not in accordance with the regulations prescribed in this '"~'~; ..... Code may apply to the ~'"'-~'~ '-~ Appears-hearing examiner for a variance from such regulations pursuant to Section 2.7.5. of this Code, except for provisions herein or by Chapter 333, F.S., that are not variable. Sec. 2.2.24. Special treatment overlay district (ST); special regulations for areas of environmental sensitivity and lands and structures of historical and/or archaeological significance and the Big Cypress Area of Critical State Concern. 2.2.24.5. Site alteration plan or site development plan approval required. Prior to the clearing, alteration, or development of any land designated ST or ACSC- ST, the property owner or his legally designated agent shall apply for and receive approval~n plan or site development plan, as the case may be, ~ as provided in section 2.2.24.6. 2.2.24.6. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. 2.2.24.6.1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the dcvclopmcnt planning services director and appropriate county staff. The preappiication conference is for the purpose of guidance and information, and for insuring insofar as is possible, that the petition is in conformity with these regulations. No petition for the site alteration or site development approval will be accepted for formal processing until the de,celepme~ planning services director has reviewed the petition to determine that all required data is included; a minimum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where appropriate. 2.2.24.6.2. Review and recommendation by.... '~ .... ...,..t~,~ ..... ,,.., ,,* planninq services director, ~, ......... ~ ccm,m:~:cn and .... ; ...... '~ ~'~"; .... hearing examiner. The site alteration plan or site development plan shall be submitted to the develef)me~ planning services director who shall have it reviewed by the appropriate county staff. The planning services director shall then forward the site alteration plan or site development plan and the county staff recommendations to the~,,~,, examiner fo r review and ~ within thirty (30) days ; ~,~,~Ar~ - . ....,, ,,.,, ,, ,,., p,,,.,, ,, .... ~ v,.,,, 4 of 60 JUN [~ 6 ?.001 2,2.24.6.3. Final ~------~. Final action on the site The ~ shall review the proposed site alteration plan ~'~ and shall act formally by ~ stipulating reasons for approval, or approval with modification, or denial of the site alteration plan or development plan. Sec. 2.2.25. Historical and archaeological sites designation (H); special regulations for preservation of historical and archaeological sites. 2.2.25.3.2. Development of regional impact (DRI). The application for development approval (ADA) for the proposed DRI shall include correspondence from the applicant to the Florida department of state, division of historic resources, indicating that the DRI is in Collier County's designated area of historical/archaeological probability. The ADA shall also include an historical/archaeological survey and assessment, if required by the division of historic resources. The survey and assessment is subject to review by the community develeffme~ planninq services administrator or his designee, and recommendations shall be presented to the C, eliier r- .... +" "~'~""'~ ...... ~"'";"" hearing examiner and the board of county commissioners for consideration for incorporation into the local development order. The recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations to the~,"'"'-'";"'-'u ccmm:cs:cn' ' hearing examiner and board of county commissioners at their public hearings. 2.2.25.3.3. Requests for land use change. Property under consideration for a rezone or conditional use which is within an area of historical/ archaeological probability shall have an historical/archaeological survey and assessment prepared by a certified archaeologist to be submitted by the applicant with the land use change request application and is subject to review by the community,~,.,,,,,,,~,,~'"-"-' ..... ,,,,,,,* planninq services administrator or his designee. The community,~... '~ .... v...,,..~,' ..... ,,...,,,* planninq services administrator or his designee's recommendations derived from the review of a survey and assessment submitted by the applicant shall be presented to the Collier County~,,,~,'-"""";"",,,,,,~, ccmmicsicn hearing examiner who shall make a recommendation to ~nd the board of county commissioners for it_s consideration and for incorporation into the local development order. ] be ~,GENDAITEM 5 of 60 JUN 0 6 2001 recommendations shall also be provided to the preservation board. The preservation board shall be provided the opportunity to present its recommendations to the '"'"""'""'" ' ' ~. ......... ~ ccmm:ss:cn and for consideration by the board of county commissioners at their public hearings. Sec. 2.2.26. Golden Gate Parkway Professional Office Commercial Overlay District (GGPPOCO): special conditions for the properties abutting Golden Gate Parkway east of Santa Barbara Boulevard as referenced in the Golden Gate Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate Area Master Plan. 2.2.26.3.14. Variance request. Owners of isolated lots, as of February 5, 1991, (The Adoption of the Golden Gate Master Plan), may petition the bc=rd cf --'cnmg' ,~,~.'- .... .... '-' hearing examiner for a variance from the standards in this district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. The procedures and standards for granting such variance shall be similar to those set forth in section 2.7.5.6 and the following: The variance shall not confer on the petitioner special privileges denied to others in the same zoning district; the variance shall not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare; and the variance shall be the minimum variance that makes possible a reasonable use of the land, building or structure. Sec. 2.2.28. Immokalee Overlay Districts. 2.2.28.3.3.2. Owners of lots or combinations of lots having less than the required street frontage may petition the ~,.,,.~,4 ,.,~ ...,,.; ....... '" hearing examiner for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 2.2.28.4.3.2. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the~,,,,.,,~"-'-~,, cf zoning ~,~,~,,.,,,,,,,'" hearing examiner for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. Sec. 2.2.32. Santa Barbara Commercial Overlay District (SBCO). 2.2.32.3.14. Variance request. Owners of property within the Santa Barbara Commercial Overlay District may petition the board cf --'cnlng apr-~ 6 of 60 .JUN hearing examiner for a variance from the standards in this district (Sec. 2.2.32.3.1. and Sec. 2.2.32.3.4-2.2.32..3.13) as will not be contrary to the public interest when, owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. The procedures and standards for granting such variances are as set forth in section 2.7.5.6. of this code. Sec. 2.2.33. Bayshore Drive Mixed Use Overlay District. 2.2.33.12 Parking Standards 10. Shared Parking requirements shall be consistent with those provided in Section 2.3.5 of the LDC code except that the Planning Services Department Director can approve or deny requests instead of the hearing examiner ~"-'--~ '''~ -"-"~ ....... "' '"- ......... ~ corem:cc:on and under Section 2.3.5.3.3, shared parking spaces can be separated by Bayshore Drive provided the two properties are located with the BMUD. 2.2.33.20 Special conditions for marinas a. All repair and storage shall not be visible from the local street. b. All sales of boats shall occur in a covered area that is architecturally consistent with the building it serves. c: Boats available for rental purposes shall be located in the water or properly screened from the local roadways. dl No outside display of boats for sale or rent shall be visible from Bayshore Drive. e. All boat racks shall be enclosed. f. Height of structures may be increased to a maximum height of fifty (50) feet by ........... ' ..... lc, /D7^\ upon approval of a variance petition. T-he BZ,~, , iln addition to the findings in section 2.7.5, the hearing examiner shall consider the following: will a literal interpretation of the provisions of this zoning code impose a financial hardship on the applicant. Sec. 2.3.4. Off-street vehicular facilities: design standards. 2.3.4.11. Locational requirements. Exemptions to Iocational requirements: 7 of 60 AGENDA ITEM JUN 0 6 2001 ,,. t11. Co Parking exemption The....,~,~"-"-",.. ,., '-¢ ----,-'"";,,, ....... ,u ,*~,-.,~,-,"" hearing examiner, after review and recommendation by the ""'-"~';'-'- ' ' ~, ......... u ccmm:ss:cn county staff, may approve a parking exemption under the following circumstances: (1) The permitted use and the proposed off-site parking lot are separated by a collector or arterial roadway; (2) The lot proposed for off-site parking is not zoned commercial; (3) Shared parking, in which two or more permitted uses utilize the same, or a portion of the same required parking. (4) Parking reservation, in which the petitioner believes that the number of required parking spaces is excessive and wishes to reduce the number of parking spaces required to be constructed, while reserving the land area for future parking spaces if determined necessary by the planning · '-,',,-"-"'" hearing services director, or the board cf zcn:ng ,~,~, .... examiner· The ,.i,.,...;,.,,., · · ~- ......... u comm',cs:cn hearinq examinera,"'~,.., *~'",, ,....,..,.~,~'""-'~... ,.,,"~ --'on!rig .~.~,,.,..,,~o shall consider the following criteria for the approval of a parking exemption: Sec. 2.3.16. Off-street parking and stacking: required amounts. Minimum off-street parking space requirements are set forth below. Where stacking is required, the amount listed does not include the first vehicle being serviced (for drive-in windows, stacking starts ten feet behind the middle of the pickup window) and is computed at 20 feet per vehicle (turns are computed at 22 feet per vehicle, measured at the outside of the driveway). Stacking for one lane may be reduced if the reduction is added to the other lane(s). 8 of 60 AGENDA JUN 0 6 2001 PS.~ Child care/day nursery/ adult day care center Church/house worship/temple/ Synagogue of 1 per employee of the largest workshift plus 1 space for every 10 children/adults. In addition, adequate dropoff and pickup areas shall be provided. 3 for each 7 seats in chapel or assembly area. Other uses are not counted except for residential uses. A reduction of this standard to a minimum of I space for each 4 seats, may be applied for in conjunction with an application for a site development plan, through the ~,,,or,~ ,,~ -,,-,,,; ....... '-' hearing examiner after review and recommendation of the '""""'~"'" ' ' ,-. ......... u corem:cc:Ch county staff. This reduction will only be allowed for expansion created by congregational growth, for existing church buildings where the applicant can demonstrate a significant hardship exists. Sec. 2.4.5. Minimum landscaping required for vehicular use areas. 2.4.5.1. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two-family, mobile home dwelling units, and dwellings on individually platted lots. Any appeal from an administrative determination re ulat~ons shall be to the ............... ~, .... relating to these ' ~'""'~ ''~ """~ re ~nall De [,o,,,rZ, ne cc,~rc c; :c u .~, hearinq examiner Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required. Where a conflict exists between the strict application of this division and the requirements for the number of off- street parking spaces or area of off-street loading facilities, the requirements of this division shall apply. Sec. 2.5.5. Permitted signs. 2.5.5.1.2. Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following: AGENDA ITEM No. 9 of 60 JUN 0 6 2001 p.._//3 ,,. o One ground sign with a maximum height of 6 feet or wall "For Sale," For Rent," or similar sign, with a maximum of four square feet in size, per street frontage for each parcel, or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and may be placed up to the property line abutting a right- of-way, provided it is a minimum of ten feet from the edge of pavement. (No building permit required.) One ground sign with a maximum height of 8 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 12 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) One pole sign with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess ten acres in size. Real estate signs shall not be located closer than 10 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 10 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the bc~rd cf --'-'-';-'"" ..... [-' hearing examiner through the variance process. .~.,,,.., ,,,, ,~ ~1..1~.,~,,.., 2.5.5.2. Signs within non-residential districts: 2.5.5.2.3. Real estate signs: The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent," or similar sign with a maximum area of twelve square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent," or similar sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) One ground sign with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size. JUN O 6 2001 10 of 60 pc.///,f.//~ Real estate signs shall not be located closer than 10 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 10 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the bea-r-d-~ -,,-,-~ ....... '-' hearing examiner through the variance process. Sec. 2.5.11. Variances. · " .... ~" based upon the evidence given in The hearinq examiner, bcard of zoning ,.,~.~. .... public hearing~ and the findings of the planning ccmmlcc~cn hearing examiner should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of section 2.7.5. or where it can be demonstrated that a sign has significant historic or community significance, and pursuant to the criteria and procedures set forth in section ....... · ..... 4,. hearinq 2.7.5 of this code. In granting any variance, the ~'""--~ '''~ zoning ,..~.~. .... examiner may prescribe the following: 1. Appropriate conditions and safeguards in conformity with this code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part' of the terms under which the variance is granted, shall be deemed a violation of this code. 2. A reasonable time limit within which the action for which the variance required shall be begun or completed or both. Sec. 2.6.10. 2.6.10.1.1. 2.6.10.3. Locational restrictions for businesses serving alcoholic beverages. No such use shall be located within 500 feet of any established elementary, middle or high school, child care center, public library, church, public park, or public p~ess a waiver of said distance requirement is granted ~ zoning appeals ~ ~ pursuant to section 2.6.10.3. This does not include beach access points. The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library, church, public park or public playground is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. Waiver of di~ment. The - ' "'~: appeals may~~, grant [waiver o~ part'or ail of the mir 11 of 60 imur~C~uoA rrFJa Ne. JUN 0 6 2001 ... 2.6.10.3.1. 2.6.10.3.4. distance requirement set forth in section 2.6.10. if it is demonstrated by the applicant and determined by th~ ~ --,,-,,-,;~,,-, ..... '" that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consumption on premises, school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures or other features which offset or limit the necessity for such minimum distance requirement. The .. I zoning appcal'u decision to waive part or all of the distance requirement shall be based upon the following factors: The nature and type of natural or manmade boundary, structure or other feature lying between the proposed establishment and an existing school, child care center, public libr~c park or public playground which is determined by the ~ bo=rd of zoning =ppc=Is to lessen the need for the total 500-foot distance requirement. Such boundary, structure or other feature may include, but not be limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way. Prior to consideration of such waiver by the ~ ......... bo=rd cf -...,.; ....... i.. the applicant shall provide to the planning services · ..,~, ,., ,~:) director a written application for waiver of the distance limitation on an application form supplied by the planning services director, including a legal description of all applicable structures with a survey or boundary sketch to scale, and such other information which the applicant can su_.p~ which would assist the - - zcr. ing appeals in ~ evaluation pursuant to the factors set forth above. Upon receipt of the applicant's application and the applicable appl_ication fee established by the ---' ~'- -~%-----.7-----~, a ~)ublic hearing date shall be scheduled before the ...... ~ zoning ..... '" for a determination on the proposed waiver. The applicant shall notify, by certified mail, the owners or representatives of the subject school, child care center, public library, church, public park or public playground, of the application at least 15 days prior to the public hearing; and evidence of such notification shall be supplied to the planning services director. Sec. 2.6.11. Fences. 2.6.11.2.5. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the hearing, examiner ..... of zcnin'-' ~"'~'c~Is ma,, ~'~ - ,,~,~_~___.~_L__~_ % r~lul' ~ ~1 . , allow the use of bi trbed~GENDA rr~ 12 of 60 JUN 0 6 2001 !/(,, 2.6.11.5.3. wire in conjunction with chainlink fencing for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. Barbed wire is authorized within agricultural, commercial and industrial districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose it is to incarcerate individuals, i.e., a jail or penitentiary, or by ..... ' *'" *~'" ~'"'"~'~ ''~ -'""'; ....... '" approval of the hearinq examiner of an administrative ! following recommendation by the planning services director. Sec. 2.6.19. Relation to state and federal statutes. 2.6.19.2. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this code to allow for ccncurrcnt reviews and sequential public hearings before both the~,,,.,,~'~'-"'~';~"-,,,,,,u co,,m,,mlccic,~, hearing examiner and board of county commissioners of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use ch=ll must be approved by the board of county commissioners prior to the issuance of any required county development orders or permits and commencement of construction or development, Sec. 2.6.21. 2.6.21.3. Dock facilities. Dock facility extension; boathouse establishment criteria. Additional length/protrusion beyond said respective distances specified in section 2.6.21.2.1 and 2.6.21.2.2 for dock facilities; and all boathouses, regardless of the extent of the protrusion into the waterway or the width of the waterway, shall require public notice and a hearing by the Collier County Dl,"~',,nin,'-~ t'"'~..'~m;~'-~'-i~',n hearing examiner. As to any boat dock extension petition upon which the "~"~'"'~v,,-,, ,, ,,, ...... ,~ ,,,,, ,,,,,,,,,,,,,,~""~"-', hearing examiner takes action, pursuant to section 5.5.5 (b)(5) 5,2.!! of this Code, an aggrieved petitioner or adversely affected property owner may appeal such final action as set forth in section 5.5.6. *" *~"-' ~'"""~ ''~ -'""'~ ....... ~o -r~,,-, 13 of 60 JUN 0 6 2001 Pg.~ ........................ ,., ......... ~ commission hearing examiner shall base it's the decision for approval, approval with conditions, or denial, on the following criteria: 2.6.21.3.11 If deemed necessary based upon review of the above criteria, the '""-",,',;,',,', . [~,~, ,, ,,, ,~ commlsslon headnq examiner may impose such conditions upon the approval of an extension request P, dooms ~s reasonably necessary to accomplish the purposes of this code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback/s/, provision of light/s), additional reflectors, or reflectors larger than four inches, and prohibiting or permitting mooring on the outside of the dock facility. Sec. 2.6.24. Interim agricultural use of premises. 2.6.24.1. General. The II I I zcn:ng..~.....,.." may, upon recommendation of the planning. . ccmmlsslcn, authorize the use of lands within any district, except the rural agricultural district (A), for agricultural activities, such as, and limited to, pasturing, field crops, horticulture, fruit and nut production, forestry, beekeeping, aquaculture and mariculture. It is the intent of this section to permit certain interim agricultural uses on a temporary basis which retain the land in its open, undeveloped character. No land authorized as an interim agricultural use to be used or used for agricultural uses or activities shall be rezoned to, converted to, or used for, any nonagricultural use or development for at least ten years after any .new clearing of such land. The inclusion of buildings and structures, other than wells, structures for conservation and drainage protection, and unpaved roads, is strictly prohibited. Petitions for interim agricultural use shall be considered first by the planning ~ ~ commission in the manner herein set out. 2.6.24.2. Written application. A written application for an interim agricultural use shall be submitted to the....'4 .... ...,..~.,' ..... ,,.., ,*, planninq services director indicating the basis in this zoning code under which the interim agricultural use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the ""'--'~'~-"- ' ' ~. ......... u ccmm:ss:cn hearing examiner must make under section 2.6.24.3.3. The application shall include material necessary to demonstrate that the grant of the interim agricultural use will be in harmony with the general intent and purpose of this zoning code, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to, the following, where applicable: 14 of 60 2001 2.6.24.3.1. 2.6.24.3.2. 2.6.24.3.3. Review and ~i~: hearing examiner. Public hearing. A public hearing shall be held by the~,,,,,"'-""~-"~,, ,,, ,u ccmmi,cslcn hearing examiner. Any party may appear personally or by agent or attorney. Notice of public hearing. Notice of public hearing shall be given at least 15 days in advance of the public hearing. The owner of the property for which an interim agricultural use is sought, or his agent or attorney designated by him, shall be notified by mail. Notice of the public hearing shall be prominently posted on the property for which the interim agricultural use is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Notice shall be given by mail to all owners of property within 300 feet of the boundary lines of the property for which the interim agricultural use is requested; provided, however, that where the petitioner is the owner of land not included in the petitioner's petition and such land that is not included in the petition is part of or adjoins the parcel for which the request is made, the 300-foot requirement shall be measured from the boundaries of the applicant's ownership, including the land not covered by petitioner's petition. For purposes of this provision, owners of the adjacent or nearby properties within the distance set out shall be deemed those whose names appear on the latest available tax rolls of the county, except that notice need not be mailed to any property owner located more than one-half mile (2,640 feet) from the land for which the interim agricultural use is sought. Findings. Before any interim agricultural use shall be recommended for ~ ~ ~-. - ,1~ zoning appeals, the planning ~ cc,,m,,mlsslcr, shall make a finding that the granting of the interim agricultural use will not adversely affect the public interest and certifying that the specific requirements governing the individual interim agricultural use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable: Compliance with all elements of the growth management plan. Compliance with all environmental regulations as identified in the land development code or other regulations and policies of Collier County. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 15 of 60 AGENDA ITEM JUN O 6 2001 11. 2.6.24.3.4. 2.6.24.3.5. Off-street parking and loading areas, where required, with particular attention to the items in subsection 3 immediately above and economic, noise, glare, or odor effects of the interim agricultural use on adjoining properties generally in the district. Refuse and service areas, with particular reference to the items in subsections 3 and 4 above. Utilities, with reference to locations, availability, and compatibility. Screening and buffering with reference to type, dimensions and character. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district. Required yards and other open space. General compatibility with adjacent properties and other properties in the district. Any special requirements established in article 2 for the particular use involved. Conditions and safeguards. In recommending approval of any interim agricultural use, the planning . ccmmlsslcn may also recommend appropriate conditions and safeguards in conformity with this zoning code. Violation of such conditions and safeguards, which are made a part of the terms under which the interim agricultural use is granted, shall be deemed a violation of this code. Any interim agricultural use shall expire one year from the date it was granted, unless extended by action of the zoning,., ~, ~, ,., ,.. , .. ,' -' if by that date, the use for which the interim agricultural use was granted has not been commenced; and an interim agricultural use shall automatically expire two years after the date of grant and must be reviewed by the " ~.~ ............ ~n order to be continued. Each subsequent renewal period shall be limited to two years and must be reviewed by the ' - - - · zcnlng appeals at the end of each two-year period in order to be continued. Denial. If *~" "'""";""' ' ' ,,,.. ~. ......... ~, corem:sc:on hearing examiner ~ san interim agricultural use, ~ shall state fully in ~ ons for doing so. Such reasoning shall take into account the factors stated in section 2.6.24.3.3, or such of them as may be applicable to the specific interim agricultural use requested, if any ......... ~ AGENDA ~TF-J~ 16 of 60 JUN 0 6 2001 2.6.24.3.6. 2.6.24.6. Taxes. The granting of an interim agricultural use of the premises by the , I _ _ -.,-,.-,;..,,-. ~ .... I~, ~ nrn~irl~H herein shall not ~ ,-,.,, ,,, ,:::j ~t.,,i.,,,.,,.~,,., ~,., constitute grounds for establishing a new assessment of special classes of property as provided in F.S. § 193.461, which assessment of special classes of property did not exist for the subject premises prior to the approval of the interim agricultural use of the premises as provided herein. Sec. 2.6.27. Cjuster development. 2.6.27.4.6. Additional reduction to development standards for common architectural theme projects. Additional reduction to the development standards provided at sections 2.6.27.4.2, 2.6.27.4.3, 2.6.27.4.4 and 2.6.27.4.5 may be approved ~"' *~'~' '"^"~"' r- .... *" '"~"~'"""'" camm!colon for projects defined as common architectural theme projects. In determining whether or not a project qualifies as a common architectural theme project, and if so, the amount of the reduction to development standards which may be approved, the hearinq examiner must find and the board of commissioners shall determine that all of the following design features are incorporated into the project: Sec. 2.6.28. Automobile service stations. 2.6.28.4. Waiver of di's~ments. The ~ ............. ~~ ........ . zc,",i,",G cppccIc ma~, grant a waiver of part or all of the minimum separation requirements set forth in section 2.6.28. if it is demonstrated by the applicant and determined by the" - ..... '" that the site proposed for development of an automobile service station is separated from another automobile service station by natur d or man-made boundaries, structures or other features which offset or limit JUN 0 6 2001 17 of 60 .,. the necessitY for such minimum distance requirements. The ~ ........· ---,-'""~....u ,-,~,~,-,,,,,-,~ decision to waive part or all of the distance requirements shall be based upon the following factors: 2.6.28.4.2. """: ....... ~" shall Additional conditions. The - ~ ....... u ~,~,~, .... have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the automobile service station with the surrounding area and the goals and objectives of the Growth Management Plan. Sec. 2.6.35. Communications towers. 2.6.35.6.26 Additional findings for variance and conditional use applications. In addition to the findings for conditional use applications and variance applications as required in sections 2.7.4 and 2.7.5 respectively of this code, the following additional findings shall be made b the Collier Count · ' ' hearin _examiner~ . ' ~ considering such applications: Sec. 2.7.2. Amendment procedures. 2.7.2.1. Purpose and intent. This zoning code and the official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Procedures shall be as follows: 2.7.2.2· Initiation of proposals for amendment. A zoning amendment may be proposed by: 2.7.2.2.1. Board of county commissioners. 2.7.2.2.2. Planning commission. 2.7.2.2.3. Board of zoning appeals. 2.7.2.2.4. Any other department or agency of the county. 2·7.2·2.5· Any person other than those listed in subsections 2.7·2.2.1--2.7·2.2·4 above; provided, however, that no person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he does not own. The name of the owner shall appear in each application. 18 of 60 AGENDA No._ JUN 0 6 2001 Pl[.~ All proposals for zoning amendments shall be considered first by the planning commission or hearing examiner in the manner herein set out. All proposals for zoning amendments shall be submitted in writing to the office of the ~,. ,. v ., , ,.. ,., ,' ..... ,,,.,,.,* planninq services director accompanied by all pertinent information required by this zoning code and which may be required by the planning commission or hearing examiner for proper consideration of the matter, along with payment of such fees and charges as have been established by the board of county commissioners. No application for zoning amendment shall be heard by the planning commission or hearing examiner until such fees and charges have been paid. 2.7.2.3. No~e. 2.7.2.3.2. Notice and public hearing where proposed amendment would change zoning classification of land. In the case of an application for the rezoning of land, to include rezonings initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the~.,,~,,,,,,,~,~'~o""" ...... ..,,.,,,,,,,,.,..,..,,"'"""" hearing examiner and the board of county commissioners. A sign shall be posted at least 15 days prior to the date of the public hearing by the "'~""""'" ' ' ~, ......... ~ ccmm:cc:cn hearing examiner. The sign to be posted shall measure at least 1 1/2 square feet in area and shall contain substantially the following language: PUBLIC HEARING TO REZONE THIS PROPERTY: FROM TO TO PERMIT: DATE: TIME: TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. The sign shall be erected by the ~ planning services director in full view of the public on each street side of the said land to be rezoned. Where the property for which rezoning is sought is landlocked or for some other reason the signs cannot be posted directly on the land to be rezoned, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the dis' anc~ and direction to the property for which rezoning is sought. Where large~Grd~'~lTE~ JUN 0 6 2001 19 of 60 parcels of property are involved with street frontages extending over considerable distance, the devele.l~ planning services director shall erect as many signs on a street frontage as may be deemed adequate to inform the public. The posting of signs as provided in this subsection shall only be required where the zoning amendment proposal is specifically directed to changing the zoning classification of a particular parcel of land. The ..I.~..,.;,..-. · · ~- ......... u ccmm:cmcp, hearing examiner shall hold one advertised public hearing. Notice of the time and place of the public hearing by the ~.,.~,,.,,,,~""""'-'; ...... .....,,,,..,....,..,,;"";'-" hearing examiner shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any. Notice of the time and place of the public hearing by the plannin~ ccmmlcclcn hearinq examiner shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Notice of the time and place of the public hearing by the~.,,.,,"'~'~'-';-"-,,,,,,u ccmmlcclcn hearing examiner shall be sent at least 15 days in advance of the hearing by mail to all owners of property within 300-feet of the property lines of the land for which rezoning or a planned unit development (PUD) amendment is sought; provided, however, that where the land for which the rezoning or PUD amendment is sought is part of, or adjacent to, land owned by the same person, the 300-foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notice need not be mailed to any property owner located more than one-half mile (2,640 feet) from the land or PUD for which rezoning or PUD amendment is sought. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County. 2.7.2.3.3. The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. The decision of the board of county commissioners on any such adopted zoninq ordinance or resolution is final. Notice and public hearing where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a parcel or parcels of land involving less than ten contiguous acres of land. In cases in which the proposed comprehensive rezoning action, including but not limited to those provided for in the Zoning Reeva mtinn ,, Ordinance (90-23) [Code ch. 106, art. II], initiated by the board of ',oun¢^~TEM JUN 0 6 2001 20 of 60 p.. /..2z./. 2.7.2.3.4. commissioners or its designee involves less than ten contiguous acres of land [such provisions] shall be enacted or amended pursuant to the following public notice and hearing requirements by the,.,,,.,,'"~'-"-~""-,,,,,,~ commlcclcn hearing examiner and the board of county commissioners. The '"~""'" ...... ;~'o;"'~' hearing examiner shall hold one advertised ~I~I Il iii I~ vl~l~l i Il i ll~lll~=~l I public hearing. Notice of the time and place of the public hearing by the ,',~,~,-,-~ ...... ;"--:-"- hearing examiner shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the date of the public hearing. Notice of the time and place of the public hearing by the plcnn!ng ccmmlcslcn hearing examiner shall be sent at least 15 days in advance of the hearing, by mail, to the owner of the properties whose land will be rezoned by enactment of the ordinance or resolution, whose address is known by reference to the latest ad valorem tax records. A notice advising of the hearing by the board of county commissioners to consider rezoning properties shall be sent by mail [to] each real property owner whose land will be redesignated by enactment of the ordinance or resolution and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution as it affects the property owner and shall set a time and place for the public hearing on such ordinance or resolution. Such notice shall be given at least 30 days prior to the date set for the public hearing. Additionally, notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least ten days prior to the public hearing. A copy of such notice shall be kept available for public inspection during regular business hours of the office of the clerk of the board of county commissioners. The notice of the proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the county where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. The decision of the board of county commissioners on any such adopted zoning ordinance or resolution is final. 21 of 60 Notice and public hearing where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a parcel or parcels of land involving ten contiguous areas or more of land in the county or would change the actual list of permitted, cond !;,.,,,,~C, EN~/~ rr~4 NO. ., JUN 0 6 2001 or prohibited uses of land within a zoning category. In cases initiated by the board of county commissioners in which the proposed change to the zoning map designation of a parcel or parcels of land involves thcn ten contiguous areas-ef-acres or more of land or changes the actual list of permitted, conditional or prohibited uses of land within a zoning category such provisions shall be enacted or amended pursuant to the public notice and hearing requirements by the planning commission and the board of county commissioners. The planning commission shall hold two advertised public hearings on the proposed ordinance or resolution. Both hearings shall be held after 5:00 p.m. on a weekday, and the first shall be held approximately seven days after the day that the first advertisement is published. The second hearing shall be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The day, time, and place at which second public hearing will be held shall be announced at the first public hearing. The required advertisements for the planning commission public hearings shall be no less than one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a' newspaper of general paid circulation in the county and of general interest and readership in the community pursuant to F.S. Ch. 50, not one of limited subject matter. It is the legislative intent that, whenever possible,' the advertisement shall appear in a newspaper that is published at least. five days per week unless the only newspaper in the community is published less than five days per week. The advertisement shall be in the~ following form: 2.7.2.4. .......... ~ ccmm:=2:cn Hearing Examiner hearing and planning commission report to the board of county commissioners. Time limits. Hearings by the """"-';-'" ' ' ~, ......... ~ corem:cs:on hearing examiner on applications for rezoning of land pursuant to section 2.7.2.3.2., shall be held,.,,"* ~'~"'*,...,.,,.., ,_~°'~ ,;,,.,~,.,,,, ,...,, a ..... ~...,.,, as may be required. For applications not involving the rezoning of land, but which involve amendments to these zoning regulations, the planning commission shall hold its public hearings twice per calendar year or as may otherwise be required to comply with section 1.9.1.3. !" +~-'- case cf an cmcrgcncy, ""'-~'-"~'-'-""'+-' +"' *~'""" ,-,~1~,-,,',1 ....... !f 'I.F,,-, ,'-,,"l,"4i'l'i~,~l .... ,-I,~,--,,",+ .... i .... ~F, ......... I [ -. AGE.~Ai.~r- 22 of 60 JUN 0 6 2001 2.7.2.5. · ' U Io ge ,-" '- ;'-'~;* ..... *" "-~ *~'" ~'"""~ '"~ ..... *" ccmm~=s~cncr: nless a n r time is mutually agreed upon by the planning commission and the board of county commissioners, the planning commission shall file its recommendations for ei~e~y,pe-eC-amendments to the land development code with the board of county commissioners within 45 days after the public hearing before the planning commission has been closed. Presentation of evidence. The staff report on the application for rezoning shall be presented prior to the close of the public hearing on the application. The applicant shall be afforded the opportunity, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing, and to respond to the staff report, after receipt of which the hearing shall be concluded, unless the hearing is continued and the matter referred back to staff for further consideration of such matters as the pl~nnlng ccmm!sclcn hearing examiner may direct. Nature of requirements of~,,,~,'~""~'~'~',, ,,, ,~ ccmm:~sicn hearingL examiner report. When pertaining to the rezoning of land, the report and recommendations of the "'~"~'"'~'-"-' commlcclcn hearing examiner to the board of county commissioners required in section 2.7.2.4 shall show that the~,,,~,"'~'~""~"'",,,,, ,u ccmmlcclcn hearing examiner has studied and considered the proposed change in relation to the following, when applicable: 2.7.2.7. 2.7.2.8. Other proposed amendments· When pertaining to other proposed amendments of these zoning regulations (i.e., other than the rezoning of land), the planning commission shall consider and study: The need and justification for the change; The relationship of the proposed amendment to the purposes and objectives of the county's growth management plan, with appropriate consideration as to whether the proposed change will further the purposes of these zoning regulations and other county codes, regulations, and actions designed to implement the growth management plan. Restrictions, stipulations and safeguards. The plcnn!ng ccmmicclcn hearinq examiner may recommend that a rezoning petition to amend, supplement or establish a zoning district be approved subject to stipulations, including, but not limited to limiting the use of the property to certain uses provided for in the requested zoning district. The governino frnm fh'" ~,l,-,~i ...... i~-,~;~-~ body, after receiving the recommendation .......... ~, ......... ~ ........... ~.,,, I 23 of 60 ^GE ^ TEM JUN 0 6 2001 2.7.2.9. 2.7.2.10. 2.7.2.10.1. 2.7.2.10.2. 2.7.2.11. hearin.q examiner on a rezoning request to amend, supplement or establish a zoning district, may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purposes of the growth management plan. Status of planning commission and hearinq examiner report and recommendations. The report and recommendations of the planning commission and hearing examiner required by sections 2.7.2.4 through 2.7.2.8 shall be advisory only and not be binding upon the board of county commissioners. Board of county commissioners: action on planning commission or hearing examiner report. Second public hearinq. Upon receipt of the planning commission's or hearing examiner's report and recommendations, the board of county commissioners shall hold a second public hearing with notice to be given pursuant to the provisions of general law. The reports and recommendations of the staff and, the hearing examiner, or the planning commission on the application shall be presented prior to the close of the public hearing on the application. The applicant shall have the right, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing, except that only participants at the hearing before the hearing examiner will be afforded the opportunity to present testimony or newly discovered evidence before the board as set forth in sec. 5.1.2. In the case of all proposed changes or amendments, such changes or amendments shall not be adopted except by the affirmative vote of four members of the board of county commissioners. Failure of board of county commissioners to act. If a '-""'""" ...... ""~'"'"'-' hearing examiner recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the board of county commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provided that board of county .commissioners may refer the application to the v ......... u ccmm~cc:c,", hearing examiner for further study. 2.7.2.12. Limitations on the rezoning of property. 2.7.2.12.2. Whenever the board of county commissioners has denied an application for the rezoning of property, the~,,,~,"~o"";"~,, ,,, ,~ ccmm;~$1cn hearing examiner shall not thereafter: /~GE~A ~TEM' No. 24 of 60 JUN 0 6 2001 Consider any further application for the same rezoning of any part or all of the same property for a period of 12 months from the date of such action; Consider an application for any other kind of rezoning of any part or all of the same property for a period of six months from the date of such action. Sec. 2.7.3. Planned unit development (PUD) procedures. 2.7.3.2.4. Hearing before the ,'~""":"" ' ' ~ ......... u cc,m,m:s=;c,", hearing examiner. Public notice shall be given and a public hearing held before the~,,,.,,'-"--'"'""'-,, ,,, ,u cc,m,m!c, clc,q hearing examiner on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, proposed PUD master plan of development, and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to section 2.7.3.2.2. 2.7.3.2.5. .......... u ccmm:ss;cn Hearing Examiner recommendation. The~,,,~,""'~'"""",, ,,, ,u corem!cc!ch hearing examiner shall make written findings as required in sections 2.7.2.5 through 2.7.2.8 and as otherwise required in this section and shall recommend to the board of county commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its commendation, the ~,,,~,"'l"~'~'"i'"'",,,,,,~ ccmmlcc!cn hearing examiner shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in section[s] 2.7.2.5 through 2.7.2.8: 2.7.3.2.6. Action by board of county commissioners. Unless the application is withdrawn by the applicant, the board of county commissioners shall, upon receipt of the plcn,-,i,-,~ ccmmlcclc,",'c hearin.q examiner's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the application and PUD master plan of development as recommended by the p!~,",,",i~,3 ccmm~cslc,-, hearing examiner to the board of county commissioners. The board of county commissioners shall either grant the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning. 2.7.3.5. Changes and amendments. 2.7.3.5.1. Substantial/insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the pt ........ u ccmm~cc~c,-, hearing examiner and approval by the board of county commissioners prior to implementation. Any insubstanla~ 25 of 60 AGENDA ITEM No. JUN 0 6 2001 change(s) to an approved PUD master plan shall require approval by the pl~nnlng comm!ccion hearing examiner. For the purpose of this section, a substantial change shall be deemed to exist where: 2.7.3.5.2. 1. 2.7.3.5.4. 2.7.3.5.6. Procedure for substantial/insubstantial change determination. The applicant shall provide the de¥6,4~ planninq services director documentation which adequately describes the proposed changes along with the appropriate review fee prior to review by the~."'~"""'~""~ ccmm~cc~c,-,' ' hearing examiner. The PUD master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed changes in: land use; densities; infrastructure; open space, preservation or conservation areas; area of building square footage proposed for nonresidential development; change in potential intensity of land use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describing all of the change(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the..,...,4 .... .,.,,,~,,' .... ,,,,,'~,, planninq services director shall review said plan against criteria established within section 2.7.3.5.1 above and may forward the plan to any other agency, division or authority deemed necessary for review and comment. Insubstantial changes procedures. Any insubstantial change(s) to an approved PUD master plan based upon an evaluation of subsection 2.7.3.5.1 shall require the review and approval of the ~'~'-'*'-;""' ccmmlcslcn hearing examiner based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting. Minor changes not otherwise provided for. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during the subdivision or site development plan review processes. The devek~meP~- planning services director shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses~ . have no impacts external to the site, existing or proposed, a'~d JUN 0 6 2001 26 of 60 otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: Internal realignment of right-of-ways, other than a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the '-~"'; ...... *-" "-~,," .... ~-'-"-'~ hearin.q examiner where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the development services director's consideration for approval. Sec. 2.7.4. Conditional uses procedures. 2.7.4.1. General A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in zoning district as a conditional use if specific provision for such conditional use is made in this zoning code. All petitions for conditional uses shall be considered first by the p!~nnlng ccmmlsc!cn hearing examiner in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. 2.7.4.2. Written petition. A written petition for conditional use shall be submitted to the ~ services director indicating the basis in this zoning code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types -,,.,,.,~ ....... io county commissioners must of findings which the board of ....... ~ ,.,~, .... make under section 2.7.4.4. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of this zoning code, will be consistent with the growth management plan, will not be injurious to 1.1,~ ~,C, EN~A~TF_M neighborhood or to adjoining properties, or otherwise detrimental to theNo' JUN 0 6 2001 27 of 60 Pg- public welfare. Such material following, where applicable: shall include, but is not limited to, the 2.7.4.3. 2.7.4.4. Notice and public hearing. Notice and public hearing by the ~ ..,..,,,,, ,,...,,..,~-'o~'-", hearing examiner and the board of ---cnlng ,..,,~,..~,,..'~" county commissioners shall be as provided for under subsection 2.7.2.3.2, All testimony given shall be under oath and the action by the board of county commissioners shall be quasi:judicial in nature. Findings. Before any conditional use shall be recommended for approval -'"'-'; ....... '" county commissioners, the ~ to the board of ....... ~ .~.~. .... co,re,mission hearinq examiner shall make a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable: 2.7.4.5. Conditions and safeguards. In recommending approval of any conditional use, the "'""-'";"'-' ' ' v ......... ~ corem:ss:on hearing examiner may also recommend appropriate conditions and safeguards in conformity with this zoning code. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning code. 2.7.4.5.3. The board of zcnlng,.,~,~....,..'" county commissioners may grant a maximum of one one-year extension of an approved conditional use upon written request of the petitioner. 2.7.4.6. 2.7.4.7. Denial. If the "~""'":"" ' ' ~, ......... ~ corem:sc:Ch hearing examiner shall recommend denial of a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 2.7.4.4 or such of them as may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. Status of recommendations. The report 28 of 60 comm!ss!cn hearing examiner repo~---¢~~----~'~---~ and recommendations of the p~nni~g_ _ IJUNO62001 commission hearing examiner required above shall be advisory only and shall not be binding upon the board of county commissioners ~ 2,7.4.8. Board of zcn,'ng,~,.,....,,..~ county_ commissioners action on ~, ......... ~ cc ............. hearing examiner roport. Upon receipt of the "~"~'";"" ' ' ~. ......... u corem:ss:Oh'S hearing examiner's report and recommendations, the board of zoning~.~.~.,..,.,,..'" county commissioners shall approve, by resolution, or deny a petition for a conditional use. Action on :f:the approval of a conditional use petition shell will require four affirmative votes of said board. Sec. 2.7.5. Variance procedures. 2.7.5.1. Purpose. In specific cases, variance from the terms of this zoning code may be granted by the hearing examiner where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the zoning code would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. The ~,,.,..,4 ,.,~ , . .... ~,. ~,,.,,,~,4 ..... ,~.,. gi ....... zen:rig~,~,~,,.,,.,,., ..~,.,,.,,. ,.~,,.,, .... evidence yen in public hearing-; and the findings and conclusions of the Pl~nnlng Commission hearing examiner should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of this section. 2.7.5.4. Notice of c~¢..,..,¢..,~ r,..,-.,.,.¢¢,.¢..., hearing examiner pubfic hearing. Notice of public hearing before the,D'"""~"",,.,,,,,,,,U r-..,-,.,.,,~....~,.,....,..,,,,,,,,..,,..,, hearing examiner is given at least 15 days in advance of the public hearing. The owner of the property for which variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of the public hearing shall be prominently posted on the property for which the variance is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. Notice of the time and place of the public hearing before the P4acmi~ Commission hearing examiner shall be sent at least 15 days in aC ~anC~ENDA~TF-M 29 of 60 JUN O 6 2001 of the hearing by mail to all owners of property within 300 feet of the property lines of the land for which a variance is sought. 2.7.5.5. D,..,..;.... ,"',-, ,.,. ,~ ;.. .- ;,-, .. hearing examiner public hearing. The public hearing shall be held by the,D'"""';"",.,,,,,,,~ r',..,~,..,,:,.,-~,-,,.._...,,,,,,,....,..,, hearin,q,_ examiner. Any party may appear in person, by agent or attorney, or may submit written comments to the Pplanning S_.~services Ddirector. 2.7,5.6. Findings. Before any variance..,-"- - ",,..,, may be *"'"' ~'"-"-'~ "~ ' ~ .... '" approved the O , .. ., ., -' ,. ,-. r.,.,...,,-.,~.....'..,., ........... :'Oh',rig.~.~,...~,.,, , ,~,, ,, ,,, ,u ............... hearinq examiner chall will consider and be guided by the following standards in making a determination: 2.7,5.7. Conditions and safeguards ' ......... a~ .......... , ,-.~ ........ ~ .... tThe "~'~'-";'-'- ' ' _ ~. ......... u ccmm~cc~cr, hearinq examiner may rcccmmcr, d impose appropriate conditions and safeguards in conformity with this zoning code including, but not limited to, reasonable time limits within which the action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the "'~"";"'- ' ' ,.. ......... ~ ccmm:cc~on hearing examiner may rcccmmcnd impose, as a condition of approval, that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code. 2.7.5.8. ~ ....... ~*~- cf dDenial. If the ""-""-~'"'- ccmmlcclon hearing examiner rcccmmcndc dc,-,!al cf denies a variance request, ~t the record shall state fully,, ~'-, ,,., ~* ......, ......,'~.. ,,~*'".. *'~-'., ,... hearing examiner's reason for doing so. Such reasons shall take into account the factors stated in section 2,7.5.6, or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any. 2.7.5.9. Status of "'~'~"; ...... ;"";"" hearinq examiner report and rezoning recommendations. The report '-"-~ ........ '~"+;"" of the commlccicr, hearing examiner required above shall be final in all cases except those requests for variances which accompany and are a part of a petition for rezoning, in which case the report will be included with the hearing examiner's recommendation for the rezoning request and be advisory only and shall not be binding upon the board of county commissioners -"o,".i,",.3 ..... 2.7.5.10. 30 of 60 AGENDA ITEM No. JUN 0 6 2001 Sec. 2.7.6. Building or land alteration permit and certificate of occupancy compliance process. Zoning action on building or land alteration permits. The planning services director shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County building code or this code are in accord with the requirements of zoning code and the land development code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required,.,~,,.~,, ~''':'~;~,~, permit(s), inspections and certificate(s) of occu as the Collier buildin( code or this code. 31 of 60 interpretation, or variances from AGENDA ITEM JUN 0 6 2001 hearing examiner as provided by this 2.7.7.2.6. 2.7.7.2.7. Review and recommendation by the housing and urban improvement director. After receipt of a completed application for AHDB, the housing and urban improvement director shall review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this division, and, if applicable, shall coordinate a rezone with the ~evelefm~ planning services director, and shall recommend to the~,,,~,,,,,,,u"'~"""~ ..... ---.,,,,,,,-.--,,-.,,"";°"~"'" hearing examiner and the board of county commissioners to deny, grant, or grant with conditions, the application. The recommendation of the housing and urban improvement director shall include a report in support of his recommendation. Review and recommendation by the "~""~"" ' ' ,.. ......... ~ cc,mm:c~;on hearing examiner. Upon receipt by the '-~'-"";""' ' ' ~. ......... u ccmm=cc'cn hearinq examiner of the application for AHDB and the written recommendation and report of the housing and urban improvement director, the '-"~'-"~ ...... ~"o~,~, hearing examiner shall schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, then the hearing shall be consolidated and made a part of the public hearing on the application for the PUD before the ~. ......... u ccmmlcc, lon hearing examiner, and the """""; ...... ;"-';'-'-' hearing examiner shall consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing shall be consolidated and made a part of the public hearing on the application for rezoning before the i..,,,.~, ,, ,,, ccmmlcclon hearing examiner, and the '-'"'-'-;'-"' ' ' ~. ......... u corem:ss:on hearing examiner shall consider the application for AHDB in conjunction with the application for rezoning. In the event that the application for AHDB has not been submitted in conjunction with an application for PUD or an application for rezoning, then the application for AHDB shall nonetheless be treated as a rezoning on the property and shall comply with the requirements for a rezoning, as well as the requirements of this section. After the close of the public hearing, the ~. ......... u ccmmlc"..icn hearing examiner shall review and evaluate the application in light of the requirements of this division and the requirements for a rezoning, and shall recommend to the board of county commissioners that the application be denied, granted~ or granted with conditions. However, in the event that the application for AHDB does not change the densities or intensities of use or the zoning on the property and does not require a rezoning or PUD application (i.e., an application to maintain the ex stinoj~GENDAITE' JUN 0 6 2001 32 of 60 2.7.7.2.8. zoning on the property in the face of a downzoning through the zoning reevaluation program), then the application for AHDB shall comply with the requirements for development agreements under the Collier County Development Agreement Ordinance [Code Ch. 106, art. IV], as well as the requirements of this section, in lieu of compliance with the rezoning requirement referenced in this section. Review and determination by board of county commissioners. Upon receipt by the board of county commissioners of the application for AHDB and the written recommendation and report of the housing and urban improvement director and recommendation of the~,,,.,,"'~"""="'"',,,.,.~ ccmmlcclc,-, hearing examiner, the board of county commissioners shall schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), then the hearing shall be consolidated and made a part of the public hearing on the application for the planned unit development (PUD) before the hearinq examiner and board of county commissioners, and the board of county commissioners hearing examiner shall consider the application for AHDB in conjunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing shall be consolidated and made a part of the public hearing on the application for rezoning before the board of county commissioners, and the board of county commissioners shall consider the application for AHDB in conjunction with the application for rezoning. In the event that the application for AHDB has not been submitted in conjunction with an application for planned unit development (PUD) or an application for rezoning, then the application for AHDB shall nonetheless be treated as a rezoning on the property and shall comply with the requirements for a rezoning as well as the requirements of this section. After the close of the public hearing, the board of county commissioners shall review and evaluate the application in light of the requirements of this division and the requirements for a rezoning, and shall deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. However, if the application for AHDB does not change the densities or intensities of use or the zoning on the property and does not require a rezoning or planned unit development application, then the application for AHDB shall comply with the requirements for development agreements under the Collier County Development Agreement Ordinance [Code Ch. 106, art. IV] as well as the requirements of this division, in lieu of compliance with the rezoning requirements referenced in this section. 33 of 60 AGENDA I~ JUN 0 6 200 .,. Article IIh Division 3.5. Excavation 3.5.5.2. Issuance of permits. 3.5.5.2.1. Issuance of private and development excavation permits. The planning '~..,.......,..,~,,' ....., ,..., ,,* services director may administratively approve and issue private and development excavation permits where all of the applicable standards of this division have been met. When, in his opinion, the standards have not been met, the application shall be submitted to the · -~, ,-,,~, [, ,~..~,~, ,..~.-..,,-,.~, .~ ,~..~, .~ , ,v~,,, ,~ .,.~^.~.,, ,, ,~,..v, · 3.5.5.2.2. Issuance of commercial excavation permits. Applications for commercial excavation permits...s, hall be reviewed by the ~__LLL_____~._.~_ ....... :- -- or his d~ ..... ~ ............................. , ............. , examiner for recommendabon ~the board of county commissioners. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review and 3.5.5.3. Notice of meeting· The development services dire~ive prior written nr~fi,',,', r~f fH,', ~,.-,~,;~,-,.-,.-~-,~,+,-~1 ~,~h,;~,-,.-~, I-,,-,~.-,q : H,',~rinn examiner meeting, by first class mail, as noted in section 3.5.6.1.3.4, to all adjacent property owners as determined by reference to the latest official tax rolls. 3.5.5.4. Excavation permit criteria. Approval by the ~ ~ director the hearing examiner, county commissioners, . - , shall be granted only upon supporting competent and substantial evidence having been submitted by the applicant, that: Sec. 3.5.6. Application requirements for excavation permits. 3·5·6.1.3. A signed statement by the applicant or his agent which includes: 34 of 60 AGE~A ITEM No. JUN 0 6 2001 If the project is ........... the advlco,"y 5o,~rd"i~adnq examiner, a list of the names and addresses, obtained from the latest official tax rolls, of all owners or owner associations of property within one-fourth mile of the excavation or on-site vehicle access route or within 300 feet of the property lines of the property on which the excavation is to be performed, whichever is less. The applicant shall also furnish the services director with said owners' names and addresses on preaddressed four-inch by 9 1/2-inch envelopes with first class, plus an additional ounce, postage ready for mailing. If excavated material will be removed from the property, and unless, due to site-specificcircumstance~.,' the requirement is waived by transportation services _ , a traffic and road impact analysis will be made by the county transportation ~department to address the following: Should there not be concurrence by transportation services ~ ~ and the applicant of the improvements, maintenance, performance guarantee and/or other requirements on the part of both parties based on the road impact analysis, the permit application along with applicable information shall be subject to review and recommendation ,.,,-,,,;,.,-,,-,,,.,,-,,.,~1 ~,..I,,;,.,.,,-,, I.,,.,,-,,,4 hnnrlnn nvnminnr ....................... :, ............. . ........... followed by ~ action by the board of county commissioners. Sec. 3.5.7. Construction requirements for the construction of excavations. 3.5.7.3.3. Over-excavation. In those instances where the excavator over-excavates the depth of the excavation by more than an average of ten percent, written justification shall be submitted to the services director by the project's surveyor/engineer providing an assessment of the impact of the over-excavation on the water quality of the excavation. If, upon review of the assessment statement by the · ' ......;....~.. _~ services director and ~~ ~, the increased depth is found to be unacceptable, the permittee shall be required to fill the excavation to the ermitted depth with materials and ~ved by the services director. If the ~ depth is deemed acceptable by the ~ se'~ices director and approved b,, the cnvircnmcnt~l ~,. !v!~n..'v 50~':'d h-earing examiner, a penalty will be ~ against the pe mitte~ioA~Tr~ 35 of 60 JUN 0 6 2001 for the volume of the over-excavated material. The penalty shall be set by ~ for each additional cubic yard of ~x~avated material~l~l~lllll~ll~ Division 3.8. ENVIRONMENTAL IMPACT STATEMENTS (ELS) Sec. 3.8.11. Appeals. Any person aggrieved by the decision of the 7--~.-----~~ services director regarding any section of this code may file a written request for appeal, not later than ten days after said decision, with the .... ; ...... *"' "'~"; .... ~"-'"-~ hearing examiner cr *""~- succcsccr ..... ;--~*;'"~' The .... " ...... *'-' "'~"~ .... "'""-'" hearin,q examiner will notify the aggrieved person and the development services director of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the..,,.,,..,,.,,..,,.~.,; ...... +'~ .~....,....,j"'~,,; .... bc=rd hearing examiner within 60 days of the submission of the appeal. Ten days prior to the hearing the aggrieved person shall submit to the .... ~ ...... *"' -~"~ .... ~'-"--'~ hearing examiner and to the development services director copies of the data and information he intends to use in his appeal. Upon conclusion of the h'earing the..,..,,..,,,,,..,,..~,; ...... *'" ....~.,....., ~"'~'"' .... ~'""-'~.....~.,.~ hearing examiner will submit to the board of county commissioners ~[facts, findings, and recommendations. The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the ~ services director in light of the recommendations of the..., ,.,,..., ,,, ,.., ,..~,~ ...... *"~ .....,...., ~" ~'"' .... ........, ..~"-~-'~ hearing examiner. Sec. 3.9.6. Review Procedures 3.9.6.4. Exceptions. 3.9.6.4.8. The Collier County~....,-'~""'-""'",,,,,,~ comm;cclcn hearing examiner may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this division would impose a unique and unnecessary hardship on the owner or any other person in control affected property. Relief shall be granted only upon demonstration by 36 of 60 he A~A[ , JUN 0 6 2001 landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. Division 3.12. COASTAL ZONE MANAGEMENT Sec. 3.12.5. Development standards and regulations. 3.12.5.2. by """~ ......*"' "~"~ .... ~'"~"'~ hearing examiner. All preliminary Review ......................... ~, ..... subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the...,,,,,,,,,,,,,,,,,,~,,-,,,,~ bccrd hearing examiner. 3.12.5.2.1. An applicant aggrieved by action of the .... " ...... +"' "~"; .... ~"'""~ hearing examiner may appeal to the board of zoning appeals. Said appeal shall be in accordance with the procedure and standards of section 1.6.6 for appeal of written interpretations. 3.12.5.3. Sea level rise. An analysis shall be required demonstrating the impact of a six-inch rise in sea level above NGVD for development projects on a shoreline. This requirement shall be met by inclusion of this analysis in an environmental impact statement (ELS). This requirement shall be waived when an ElS is not required. This analysis shall demonstrate that the development will remain fully functional for its intended use after a six-inch rise in sea level. In the event that the petitioner cannot meet this requirement a list shall be provided by the petitioner of the changes necessary in order for the development to meet the standard. Article 5: DIVISION 5.1. BOARD OF COUNTY COMMISSIONERS Sec. 5.1.1. Powers and duties. In addition to any authority granted to the board of county commissioners by general or special law, the board of county commissioners shall have the following powers and duties: 5.1.1.1. To initiate, hear, consider, and adopt amendments to either, or both the text "~ +~"~ '"""~;'"" "' .... + ....... '*~ ......... * '"~""' ................... , ~ .............. u ........ ~, .... or the,,,,,~""~..., 37 of 60 AGENDA ITEM No. JUN 0 6 2001 .,./--// ,..,,.,,,,,~..,,,.,.'~ .... ' ..... .,* ,,,,,..,.,"""~"' future land use map of the Collier County .growth management plan. 5.1.1.2. To initiate, hear, consider, and adopt amendments to either, or both the land development code ....... u ........ ~ .... or the official zoning atlas of the land development code. 5.1.1.3. To designate and appoint hearing examiners or officers to make decisions or recommendations as the board may deem appropriate. 5.1.1.4. To act to ensure compliance with development orders or permits as approved and issued. 5.1.1.5. To establish reasonable fees to be paid by applicants to recoup the county's expenses and other costs and to reimburse the county for the administrative time and effort spent in accepting, processing, reviewing, or enforcing development orders, development permits, or any other development approvals or applications. 5.1.1.6. To take such other action not delegated to the planning commission, the board of zoning appeals, the hearinq examiner, the building board of adjustments and appeals, or the heads of county departments, county divisions and county sections as the board of county commissioners may deem desirable and necessary to implement the provisions of the Collier County growth management plan, the land development code, and any Other legitimate governmental interest. Sec. 5.1.2. Public participation. Participation before Board of County Commissioners; zoning matters. At public hearin.qs on zoning matters including conditional use petitions, only a participant or his representative at the proceeding before the hearing examiner will be afforded the riqht to address the board of county commissioners, but only as to the correctness of findings of fact or conclusions of law contained in the record, or to allege the discovery of relevant new evidence which was not known by the participant at the time of the hearing before the hearing examiner and not otherwise disclosed in the record. The board of county commissioners may orally question its staff, its attorneys, and any participant who is present about matters contained in the written record and points of law or procedure. DIVISION 5.2. PLANNING COMMISSION* Sec. 5.2.1. Establishment and purpose. There is hereby established a planning commission. 38 of 60 A~A fiE] No. JUN 0 6 2001 ,,.. Sec. 5.2.2. Powers and duties. The planning commission shall have the following powers and duties: 5.2.2.1. To serve as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194. 5.2.2.2. To prepare or cause to be prepared the Collier County growth management plan or element or portion thereof and to submit to the board of county commissioners an annual report recommending amendments to such plan, element or portion thereof. 5.2.2.3. To prepare or cause to be prepared the land development regulations and code to implement the Collier County growth management plan, and to submit to the board of county commissioners an annual report recommending amendments to the land development code. 5.2.2.4. To initiate, hear, consider and make recommendations to the board of county commissioners on applications for amendment to the text of the Collier County growth management plan and the land development code. 5.2.2.5. To initiate, review, hear and make recommendations to the board of county commissioners on applications for amendment to the future land use map of the Collier County growth management plan cr thc cfflci=l 5.2.2.6. To make its special knowledge and expertise available upon reasonable written request and authorization of the board of county commissioners to any official, department, board, commission or agency of the county, state or federal governments. 5.2.2.8. 5.2.2.7. To recommend to the board of county commissioners additional or amended rules of procedure not inconsistent with this division to govern the planning commission's proceedings. 5.2.2.8. To perform those functions, powers and duties of the planning commission as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended. 5.2.2.9. To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of division 3.2. 39 of 60 JUN 0 6 2001 Sec. 5.2.3. Commission membership. 5.2.3.1. Qualifications. Members of the planning commission shall be permanent residents and qualified electors of Collier County. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning and related fields. Further consideration in the appointment of planning commission members shall be made so as to provide the planning commission with the needed technical, professional, business and/or administrative expertise to accomplish the duties and functions of the planning commission as set forth in this code. The appointment of all members to the planning commission shall be by resolution of the board of county commissioners. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the board of county commissioners shall terminate the appointment of such person as a member of the planning commission. 5.2.3.2. Appointment. The planning commission shall be composed of nine members to be appointed by the board of county commissioners. 5.2.3.3. Initial appointments. Initial appointments to the planning commission shall be made by selection from those members and/or alternates serving on the Coastal Area planning commission and those members and/or alternates'serving on the Immokalee Area planning commission immediately prior to the effective date of Ordinance 85-51. The board of county commissioners shall designate seven members from the regular members and/or alternates of the Coastal Area planning commission and two .members from the regular members and/or alternates of the Immokalee Area planning commission. If, for any reason, there is an insufficient number of regular and/or alternate members from which to designate the membership of the planning commission, the board shall request and accept applications from the general public to complete the initial appointment of members to the planning commission. Initial members shall be appointed and designated pursuant to resolution of the board of county commissioners. 5.2.3.4. Reappointments. All reappointments to the planning commissiOn shall be made so as to achieve the following geographical distribution of membership: One member: County Commission District No. 4. Two members: County Commission District No. 1. 40 of 60 AGE~A I'rE.M JUN 0 6 2001 .../u,d Two members: County Commission District No. 2. Two members: County Commission District No. 3. Two members: County Commission District No. 5 (one from Immokalee). Sec. 5.2.4. Terms of office. The initial terms of office of the planning commission shall be as follows: Three members shall be appointed for a term of two years. Three members shall be appointed for a term of three years. Three members shall be appointed for a term of four years. Thereafter, each appointment or reappointment shall be for a term of four years. Each appointment and reappointment shall be made so that the terms of any two members from a single commission district shall not expire in the same year. At the first official meeting of the planning commission, the members of the planning commission shall decide, by mutual consent, and thereafter recommend to the board of county commissioners a term for each of the members that shall address the requirements of section 3.2.3 5.2.3 of this code. After consideration and approval of the recommendation of the planning commission, the board of county commissioners may set forth the recommendation in the form of a resolution. In the event that terms cannot be recommended for any reason, the board shall adopt such resolution as it determines to be appropriate. The resolution adopted by the board shall set forth the date of appointment, term and district for each member appointed. A member may be reappointed by the board of county commissioners for only one successive term, unless there are no other qualified applicants for the member's position. Appointments to fill any vacancy on the planning commission shall be for the remainder of the unexpired term of office. Sec. 5.2.5. Removal from office; failure to attend meetings. 5.2.5.1. Any member of the planning commission may be removed from office by a four-fifths vote of the board of county commissioners, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within 30 days of the date on which the vote is taken. 5.2.5.2. If any member of the planning commission fails to attend two consecutive planning commission meetings without cause, the planning commission 41 of 60 AGET~A ITEM No. JUN 0 6 2001 shall declare the member's office vacant and the vacancy shall be filled by the board of county commissioners. Sec. 5.2.6. Officers; quorum; rules of procedure. 5.2.6.1. At its earliest opportunity, the membership of the planning commission shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for one year, with eligibility for reelection. 5.2.6.2. The presence of five or more members shall constitute a quorum of the planning commission necessary to take action and transact business. In addition, a simple majority vote of at least five members present and voting shall be necessary in order to forward a formal recommendation of approval, approval with conditions, denial, or other recommendation to the board of county commissioners. 5.2.6.3. The planning commission shall, by a majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The planning commission may provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary. Sec. 5.2.7. Compensation. The members of the planning commission shall serve without compensation, but may be reimbursed for such travel, mileage and/or per diem expenses as may be authorized by the board of county commissioners. Sec. 5.2.8. Location of meetings. In order to provide convenience and promote public participation, meetings of the planning commission shall be held in the Immokalee area when matters pending before the planning commission are of sufficient concern to the Immokalee area to warrant such a meeting. The planning commission shall, by majority vote, make such determination at one of its regularly scheduled meetings well enough in advance to allow sufficient time to advertise such Immokalee meeting. All other meetings shall be held at the Collier County Government Center, Naples, Florida, unless otherwise specified by the planning commission or board of county commissioners. Sec. 5.2.9. Staff. The ....... ....,,,,,..., ,,.z;*.. '~,.,.,...,,.,~,,,,..,.,' ..... * planning services division shall be the professional staff of the planning commission. AGENDA ITE' Sec. 5.2.10. Meetings. N~ JUN 0 6 2001 42 of 60 .,. 5.2.10.1. The planning commission may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this article. 5.2.10.2. All meetings and hearings of the planning commission shall be open to the public. 5.2.10.3. Public hearings shall be set for a time certain after due public notice. Sec. 5.2.11. Appeals. As to any '"",4 ,4 .... ' ..... * ""*;*; ....... ';""*~""' action upon which the planning commission takes final action, an aggrieved petitioner, applicant or an aggrieved party may appeal such final action to the board of county commissioners. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse affect to an interest protected or furthered by the Collier County growth management plan, land development code, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The board of county commissioners may affirm, affirm with conditions, reverse or reverse with conditions the action of the planning commission. Such appeal shall be filed with the ,4,.,. . .. , .. ~, ,' ..... ,,..,,.* planninq services director within 30 days of the date of the final action by the planning commission and shall be noticed for hearing with the board of county commissioners, as applicable, in the same manner as the petition or application was noticed for hearing with the planning commission. The cost of notice shall be borne by the petitioner, applicant or aggrieved party. DIVISION 5.3. BOARD OF ZONING APPEALS* Sec. 5.3.1. Establishment and purpose. There is hereby established a board of zoning appeals. Sec. 5.3.2. Powers and duties. The board of zoning appeals shall have the following powers and duties: 5 3 2 1 To hear ....~ ...... ,4 ........approve "'~*~' "'""-,4;*~ ..... ,4 .... zoning 43 of 60 AGENDA ri'EM JUN 0 6 2001 To hear, review and approve, approve with conditions, or deny appeals from interpretations made by the.... ~ .... ,,.,,.~,' ..... ,,,..,,,* planning services director or the long range planning director or administrative decisions pertaining to the growth management plan, the future land use map, the land development code, or the official zoning atlas by the '"..... . .. , ,. ~. ,: ..... ,,,.,,*, planning services director or the long range planning director or their designees. 5.3.2.3.5.3.2.2. To make its special knowledge and expertise available upon written request and authorization of the board of county commissioners to any official, department, board, or commission of the county. ~5.3.2.3. To recommend to the board of county commissioners additional or amended rules of procedure not inconsistent with this division to govern the board of zoning appeals' proceedings. 5.3.2.5.5.3.2.4. To perform those functions, powers and duties of the board of zoning appeals as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may. from time to time be amended. Sec. 5.3.3. Board membership. 5.3.3.1. Qualifications. Members of the board of adjustment zoning appeals shall be qualified electors in Collier County and residents of the county for two years prior to appointment. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the board of county commissioners shall terminate the appointment of such person as a member of the board of zoning appeals. 5.3.3.2. Appointment. The board of county commissioners may appoint a board or boards of zoning appeals for its planning area or areas, or may act as such board or boards of zoning appeals itself. Boards of zoning appeals shall have not less than five nor more than ten members. Not more than two members of a board of zoning appeals may be members of a planning commission. Sec. 5.3.4. Terms of office, removal and vacancies. Unless the board of county commissioners acts as a board of zoning appeals, then terms of office, removal from office and vacancies shall be treated as follows: 5.3.4.1. Terms. Terms of office of members of the board of zoning appeals shall be for not less than two nor more than four years, and not more th ,,, ~ .-. minority of such members' terms shall expire in any one year. 44 of 60 JUN 0 § 2001 5.~3.4.2. RemovaL Any member of a board of zoning appeals may be removed from office for just cause by four-fifths vote of the full membership of the board of county commissioners, but such member shall be entitled to a public hearing if he so requests in writing within 30 days of the date upon which the vote is taken. 5.3.4.3. Vacancy. Wherever a vacancy occurs on a board of zoning appeals which reduces the membership of the board of zoning appeals below five, the board of county commissioners shall fill such vacancy for the remainder of the term, within 30 days after the vacancy occurs. No meetings of a board of zoning appeals shall be held when the membership is less than five. Sec. 5.3.5. Officers, employees and expenses. 5.3.5.1. Boards of zoning appeals shall elect a chairman and vice-chairman from among the members, and may create and fill such other officers [offices] as are determined to be necessary. Terms of all offices shall be for one year, with eligibility for reelection. 5.3.5.2. Boards of zoning appeals shall adopt rules for the transaction of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of zoning appeals may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as may be deemed necessary. All such records shall be public records. 5.3.5.3. Boards of zoning appeals may, subjeCt to the approval of the board of county commissioners and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians and staff as may be deemed proper, pay their salaries and make such other expenditures as are necessary to conduct the work of the board of zoning appeals and effectuate its purposes. 5.3.5.4. Members of boards of zoning appeals may receive such travel and other expenses while on official business for the board as are made available by the board of county commissioners for these purposes. Sec. 5.3.6. Appropriations, fees and other income. The board of county commissioners is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the board of zoning appeals. The board of county commissioners is authorized and empowered to establish a schedule of fees, charges and expenses, and a collection procedure therefor. Sec. 5.3.7. Staff. 45 of 60 AGENDA ITEM NO. JUN 0 6 2001 The..,,,,,,,,,,~,,,,z;+" '~..........~.,,,,.,, ,,~ ..... * plannina_ services division shall be the professional staff of the board of adjustment. Sec. 5.3.8. Quorum and voting. No.meeting of the board of zoning appeals shall be called to order, nor may any business be transacted by the board of zoning appeals without a quorum consisting of at least three members of the board of zoning appeals being present. All actions shall require a simple majority of the members of the board of zoning appeals then present and voting ..... * ~ ..... '~'~"""' ..... which ..... "-~' ~ ..... ~"~ ~*" ...... *'"" Sec. 5.3.9. Meetings. 5.3.9.1. Meetings of the board of zoning appeals shall be held as needed to dispose of matters properly before the board and may be called by the chairman or in writing by three members of the board of zoning appeals. 5.3.9.2. The location of meetings shall be in county offices in Naples. If a matter is postponed due to lack of a quorum, the chairman shall continue the meeting as a special meeting to be held within seven days thereafter. In case of delays caused by other reasons, the hearing shall be rescheduled to the next board of zoning appeals meeting. The secretary shall notify all members of the date of the continued hearing and also shall notify all parties. Sec. 5.3.10. Operating procedures. 5.3.10.1. The board of zoning appeals may, from time to time, adopt and amend bylaws and rules of procedure not inconsistent with the provisions of these regulations. Such proposed rules of procedure shall be considered as if they were amendments to this article. 5.3.10.2. All meetings and hearings of the board of adjustme~ zoning appeals shall be open to the public. 5.3.10.3. Public hearings shall be set for a time certain. DIVISION 5.5. HEARING EXAMINER Sec. 5.5.1. Office established. Pursuant to the powers set forth in section 5.1.1.3., the office of hearing examiner is hereby established. The hearing examiner shall have the powers and authority set forth in this division. A~A ~ ,. JUN 0 6 2001 46 of 60 Sec. 5.5.2. Appointment; qualifications. The board of county commissioners shall appoint the hearing examiner, and may, as necessary, appoint any deputy hearing examiners or hearing examiners pro tempore. Such hearing examiners shall hold their positions at the pleasure of the board of county commissioners. Appointment to, removal from, and qualifications for, such offices shall be according to an administrative code specifically covering this subiect matter. Sec. 5.5.3. Fundin¢7. The board of county commissioners shall establish the office of the hearing examiner and appropriately budget such office annually. Sec. 5.5.4 Conduct of meetinqs; reports and records. (a) Rules of procedure. The board of county commissioners shall adopt rules for transaction of hearing examiner business and the hearing examiner shall conduct all required hearings or meetings pursuant to the provisions of applicable regulations and administrative codes of the board of county commissioners. (b) Meetings. Meetings for the purpose of holdinq public hearings shall be scheduled, noticed, and conducted pursuant to any applicable administrative codes and the provisions contained in this Code. (c) Participation before hearinq examiner. At a public hearing before the hearinq examiner, all persons will be heard as participants. However, the hearing examiner has the right to refuse to hear testimony which is irrelevant, repetitive, defamatory, or spurious, and to establish reasonable time limits on testimony. (d) Reports of decisions. After a public hearing is held, the hearing examiner shall ~~]~_ecision in accordance with the rules and procedures applicable administr~t!Y.e.code, and provide a copy ".i" .... ' and the (e) Board of County Commissioners. Records. The hearing examiner shall provide for a court reporter at all proceedings. At a minimum, a summary of testimonies shall be provided in the report of decision itself or as a separate document in addition thereto. Complete transcripts of the entire record shall be provided only at an appellant's request, and the appellant shall bear the costs thereof. 47 of 60 AGENDA ITEM Ne. JUN 0 6 2001 (2) The hearing examiner shall keep indexed records of all meetinqs, agendas, findings, determinations, and reports of decision. Such records shall be public records. Attendance at hearinqs. The hearing examiner may request staff members with personal knowledge of relevant facts to attend hearings and produce relevant documents, and shall advise the county manaqer of any failure to comply with his requests. Sec. 5.5.5. Functions and authority. Variances. (1) Function. The hearing examiner will hear and decide all requests for variances from the terms of the requlations or restrictions of the zoning code and such other codes or ordinances as may be assigned to him by the Board of County Commissioners, except that no use variance may be heard or considered. Ne._ JUN 0 6 2001 48 of 60 (2) (3) (4) (5) Considerations. In reaching his decision, the hearing examiner must consider: the criteria for the type of variance being requested, in particular those set forth in section 2.7.5, b_. Staff recommendations; c_. Testimony from the applicant; and d_ Testimony from the public. Findings. Before granting any variance, the hearing examiner must make a finding with respect to each of the criteria set forth in sec. 2.7.5.6. Au~od~. The hearing examiner has the authority to grant, deny, or modify any request for a variance from the regulations or restrictions of this Code as specifically set forth in sec. 2.7.5.1.1 .; provided, however, that no use variance as defined in this code, or any variance from definitions or procedures set forth in this Code, may be granted. In reaching his decision, the hearin.cl examiner has the authority to attach conditions and requirements necessary for the protection of the health, safety, comfort, convenience and welfare of the general public. The conditions or requirements must be reasonably related to the variance requested and conform to the requirements of sec. 2.7.5.7. Variances may be reviewed by themselves or as part of a rezoning petition. All decisions of the hearing exami!~gr conceming variances filed as part of a rezoning ~ petition must be in the form of Judicial review. Judicial review of final decisions of the hearinq examiner with respect to variances are to the circuit court in accordance with sec. 5.5.6. Conditional Uses. 49 of 60 JUN 0 6 2001 (d) (1) Function. The hearing examiner will hear and make written recommendations to the board of county commissioners on all applications for conditional uses which may be permissible by the district use regulations set forth in division 2.2., subject to the exemption set forth in sec. 2.7.4.9. (2) Considerations. In reachinq his recommendation, the hearing examiner must consider the factors and criteria set forth in sec. 2.7.4.4., as well as the following, whenever applicable: the relevant matters set forth in an applicant's written petition; b_ the testimony of any applicant or agent; c_ the recommendation of staff; and d_ the testimony of the public. (3) Findinqs. Before making any recommendation for a conditional use, the hearing examiner must make the findings required by sec. 2.7.4.4. (4) Authority. Petitions for conditional uses filed as part of a rezon~n,q w~ll be reviewed and considered as part of such rezoninq petition Jlllllaialal~aalll~ (5) Review. Review of the hearing examiner's recommendations with respect to conditional uses will be as set forth in sec. 2.7.4.8. Zoning matters. (1) Functions. Regarding zoning matters, the hearing examiner has the following prescribed duties and responsibilities: a_ Prepare written recommendations to the board of county commissioners for changes or amendments relating to the boundaries of the various zoning districts or to the requlations applicable to those districts, or to other land development regulations, as may be deemed warranted. Make written recommendations with findinqs of fact and conclusions of law to the board of county commissioners on zoninq applications or petitions relating to the following: Rezonings, including, planned unit developments, and any Florida Quality Developments, as well as developm.-~t_" of 50 of 60 regional impact or ADA's, which may or may not include a request for rezoning. All conditional uses and those variances or conditional uses which are submitted simultaneously with, and are heard in conjunction with, a rezoning application or petition. (2) Considerations. In preparing his recommendation on any matter set forth in (d)(1)b. above, the hearing examiner must consider the criteria set forth in subsection 2.7.2.5., as well as the following, if applicable: (3) Findinqs. The hearing examiner's recommendation to the board of county commissioners on a rezoning, must contain the written findinqs required by sections 2.7.2.5 through 2.7.2.8, and in the case of a planned unit development rezoninq, the recommendation of the hearing examiner must also make the findings required by section 2.7.3.2.5. (4) Authority. The hearing examiner serves in an advisory capacity to the board of county commissioners with respect to those matters set forth in subsection (c) and (d) of this section, and in such capacity, may not make final determinations with regard to these matters. b~ The hearinq examiner may not recommend the approval of a rezoning, and the board of county commissioners may not approve a rezoning, other than the request advertised or published pursuant to this Code, unless the zoning district or conditional use proposed by the hearing examiner is more restrictive and the uses being approved are less intense and otherwise permitted within the corresponding land use classification as set forth in the growth management plan. In reachin.q his decisions, the hearing examiner has the authority to recommend or impose appropriate and reasonably related conditions and requirements to be attached to any request for a rezoning, conditional use, or variance, as may be applicablc ., AGENDA ITEM .JUN 0 G 2001 51 of 60 (5) Decisions. All decisions of the hearinq examiner concerninq zoning matters will be in the form of a written recommendation to the board of county commissioners. Decisions will be delivered or mailed by the hearing examiner to all parties of record, including participants, each individual county commissioner, the county attorney, and the county manager, on the date it is rendered or on the next reqular working day thereafter. Only a participant or his representative will be afforded the riqht to address the board of county commissioners at any subsequent hearinq considerinq such recommendations. (e) Notice of intent to deny based on insufficient information. (1) If the hearing examiner intends to deny or recommend denial of an application described in subsections (al through (d) of this section based on the applicant's failure to provide information adequate in scope and detail to address particular issues, he may, in his discretion, send a notice of intent to deny based on insufficient information to all participants in lieu of a denial or a recommendation to deny the application. The notice must state the issues on which additional information is necessary and must direct the applicant to indicate within ten working days whether he intends to provide the information and the date upon which the information will be provided (not to exceed 30 working days). (2) If the applicant does not respond affirmatively within ten working days of the date of the notice, the hearing examiner must prepare and submit a recommendation or decision, whichever is applicable, denying the application to the board of county commissioners and all participants. If' the applicant does respond affirmatively, the hearing examiner must send. a copy of the response to all participants of record along with a notice of a new hearinq date, at which time the new evidence will be considered. (3) The applicant must submit all of the new evidence provided in accordance with this section to the zoning staff, who will review it and prepare a supplementary staff report addressinq only those issues to which the new evidence is relevant. (4) The hearinq following the receipt of the new evidence will be limited to those issues to which the new evidence is relevant. (5) No applicant will be entitled to more than one notice of intent to deny based on insufficient information. Sec. 5.5.6. Final decision; judicial review. (a) Unless otherwise s~ecified, the decision of the hearinq examiner will be final on administrative ~ or variances which are not part of a rezonin.q or, 52 of 60 JUN O 6 200I development approval request which requires final decision by the board of county commissioners. Judicial review of a final decision of the hearing examiner concerning such administrative ~ or variances will be in circuit court. Jurisdiction for review of any final decision of the hearing examiner lies exclusively in circuit court. This review may only be obtained throuqh filing a petition for writ of certiorari in accordance with code of laws section 250-60 and pursuant to the Florida Rules of Appellate Procedure. Any such petition must be filed within 30 calendar days after the decision has been rendered. (b) For the purposes of this section, a decision is "rendered" as of the date when it is reduced to writing, signed and dated by the hearinq examiner. Decisions will be delivered or mailed by the hearing examiner on the date it is rendered or on the next regular working day thereafter. The person makinq application to the hearing examiner for any final decision that is entitled to iudicial review, is a necessary and indispensable party to any action seeking judicial review. (d) This section is not intended to preclude actions pursuant to F.S. §70.51 or §163.3215. Sec. 5.5.7. Unauthorized communications with hearinq examiner. (a) Definitions. The following words, terms and phrases, when used in this section, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Application and appeal mean any matter lying within the jurisdiction of the hearing examiner and any application for rezoninq which will be or is scheduled to be heard by the Board of County Commissioners. Hearing examiner means the county hearing examiner or any member of his staff, including hearing examiners pro tempore. Unauthorized communication means any direct or indirect communication in any form, whether written, verbal or graphic, with the hearing examiner, or the hearing examiner's staff, by any person outside of a public hearing and not on the record, concerning substantive issues in any proposed or pending matter relating to variances, conditional uses, rezonings, or any other matter assigned by statute, ordinance, or administrative code to the hearing examiner for discussion or recommendation, except as may otherwise be permitted in the county administrative code. (b) Unauthorized communications prohibited. (1) No person shall knowinqly have, or attempt to initiate, an unauthc~ized._'~''~*'rr~ i th~'"-'---- communication with a hearing examiner, includinq members (2) (3) (4) (5) hearing examiner's staff, concerning substantive issues relatinq to a pending or proposed variance or zoninq application. No member of the board of county commissioners shall knowingly have or attempt to initiate an unauthorized communication with a hearing examiner concerning any substantive issue relating to an application which will be or is currently before a hearing examiner for consideration. Neither the hearing examiners nor any member of their staff shall knowingly have or attempt to initiate unauthorized communication with the board of county commissioners concerninq substantive issues in an application which will be or is pending for the hearing examiner's consideration. However, the hearin.q examiners may communicate with the board of county commissioners concerninq procedural matters and the administration of their office. The hearinq examiners shall scrupulously avoid improper influences in their deliberations. They shall not initiate or consider an unauthorized communication concerning a pending application. In reaching a decision, a hearin.q examiner may obtain the written advice of a disinterested expert other than another county hearinq examiner or employee of the county (except a member of the hearing examiner's staff) concerning a matter of law, planninq, or zoning applicable to a proceeding before him. A hearing examiner must give notice of his intention to solicit such advice to all interested participants who appeared at the public hearing personally, by agent or throuqh counsel, or have filed documents or statements in the public record under consideration in the pending matter. Once such advice has been received, the hearinq examiner will then forward copies of the written advice received as a result of his (6) request to each participant ; and afford all interested participants reasonable opportunity to respond to and rebut the advice on the record prior to rendering his decision.. The opportunity to respond may include a noticed public hearing granted at the hearing examiner's sole discretion when a written request for same has been filed with a participant's response demonstrating how a participant may be prejudiced or irreparably harmed if such hearing is not afforded. If an unauthorized communication is knowingly made or attempted to be made to a hearing examiner or a member of the hearinq examiner's staff, such communication shall be publicly disclosed, placed in the public record, and reported by filin.q a citizen's complaint with the citizen's complaint division of the county sheriff's department or by filing a complaint directly with the state attorney's office on forms to be made available by the hearinq examiner's office. If, in their opir ~)n~ the attempted or completed unauthorized communication has prei~ dice~{~D~n'E~ 54 of 60 JUN 0 6 2001 (c) (7) hearing examiner's ability to decide a case based objectively and exclusively on the record of public proceedings, the hearing examiner shall immediately recuse himself and abstain from participating in any consideration of the pending matter. Failure to disclose the receipt of an unauthorized communication is a violation of this section and shall subject the hearing examiner or his staff to the penalties described in this section. Any unauthorized communication received by a member of the hearing examiner's staff concerninq a pending matter and prior to the hearing on such matter shall be copied or transcribed, if necessary, and entered into the record of the pending proceedings. Copies of any unauthorized communication shall be furnished to all interested parties of record. In establishing rules of procedure for the hearinq examiner's office, the hearing examiner and board of county commissioners shall set filing deadlines prior to each hearinq after which no further submittals, except those presented at the hearing, will be included in the public record for consideration by the hearinq examiner. Any materials received after this date will be returned. All items submitted for inclusion in the public record within the adopted timeframes must be forwarded to the hearing examiner's office. Items not included in the public record or presented at the hearinq will not be considered by the hearinq examiner or the board of county commissioners. (8) Nothinq set forth in this section shall prohibit the discussion of any pending or proposed cases or appeals by and between hearinq examiners or between a hearing examiner and any employee of the office of the hearing examiner. Penalties. Any person who knowingly makes or attempts to initiate an unauthorized communication to or with a hearinq examiner or a member of the hearing examiner's staff, or any hearing examiner or his staff who fails to publicly disclose and report an unauthorized communication or an attempt to initiate an unauthorized communication, shall be subiect to any, or all, of the following penalties: (1) Criminal penalties. Such person shall be subiect to punishment as provided in section 1.9,6 (2) Civil penalties. Such person shall be subiect to: Revocation, suspension, or amendment of any permit, variance, conditional use, or rezonin.q granted as a result of the hearing examiner action which is the subject of the unauthorized communication. Any other relief available at law or equity. 55 of 60 AGENDA ITEM No. JUN O 6 2001 (3) Each unauthorized communication or attempt to initiate an unauthorized communication shall constitute a separate offense under the provisions of this section. DIVISION 5.13. ENVIRONMENTAL ADVISORY COUNCIL Sec. 5.13.2. Authority, functions, powers and duties. 5.13.2.1. The EAC obtains its jurisdiction, powers, and limits of authority from the board of county commissioners, hereinafter referred to as the board, and pursuant to this code, shall act in an advisory capacity to the board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within the county~ .,,. ....................... ~------ ~ ~ ~ ~, 5.13.2.2. The EAC will function to: (1) Advise on the preservation, conservation, protection, management and beneficial use of the physical and biological natural resoumes (atmospheric, terrestrial, aquatic and hydrologic) of the county in regard to the safety, health and general well-being of the public; (2) Advise and assist the county staff and board toward developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing with natural resources. (3) Provide written and oral reports directly to the board regarding recommendations on matters dealing with the protection of natural resources. (4) Review and recommend stipulations addressing the preservation, conservation, protection, management and beneficial use of the county's physical and biolo( ical natural iources terrestrial, uatic and h EAC by are directed to the 5.13.2.3. The powers and duties of the EAC are as follows: (1) Identify, study, evaluate, and provide technical recommendations to the board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in the county. 56 of 60 .,~,ENOA ITEM JUN 0 6 2001 (2) (3) (4) (5) (6) Advise the board in establishing goals and objectives for the county's environmental conservation and management programs. Advise the board in developing and revising, as appropriate, local rules, ordinances, regulations, programs and other initiatives addressing the use, conservation and preservation of the county's natural resources. Advise the board in the implementation and development of the growth management plan regarding environmental and natural resource issues. Advise the board in identifying and recommending solutions to existing and future environmental issues. Serve as the technical advisory committee to advise and assist the county in the activities involved in the development and implementation of the county environmental resources management program as stated in policy 1.1.1 of the conservation and coastal management element of the growth management plan. (7) Implement the water policy pursuant to chapter 90, article II of this the code of laws and ordinances, as directed by the board of county commissioners. (8) Provide an opportunity for public comment on environmental issues, ordinances and programs. (9) Implement the provisions of the conservation and coastal management element of the county's comprehensive plan during the review process for development petitions and/or plans. 0)Assist in the implementation of any new programs, ordinances and/or policies adopted by the board which deal with the conservation, management and protection of air, land, water and natural resources and environmental quality in Collier County. H-4 (1 1)The EAC shall present an annual report to the board at a regular board meeting] in May of each year. The report shall list the EAC's achievements for the ~rior ^¢_.~,~--~ JUN 0 6 2001 57 of 60 Pio~ year, present its objectives for the coming year and highlight environmental issues that need further study. Sec. 5.13.6. e,,,.,.~ ..~ ,......, · · ......,. ........ dc'.'c:cFmcnt F:c;cct :c'.".c'.'.= Thc FAC chall .... the ~'a cf S--.c. 6.13.7. Reimbursement of expenses. 58 of 60 JUN 0 6 2001 Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the board of county commissioners. Sec. 5.13.~-7. Review process. This EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every four years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. [Code ch. 2, art. VIII, div. 2]. Article 6: DIVISION 6.3 DEFINITIONS Participant: means any person who appears at a hearing examiner proceeding, in person or throu.qh counsel or authorized representative and provides legal argument, testimony, or other evidence. A participant is entitled to receive a written notice of the hearing examiner's decision or recommendation. This term includes county staff and the applicant where appropriate. Status as a participant under this Code is not intended to enhance or diminish a person's standing in other legal proceedings, and as such will not alter a person's standing under the common law or other applicable procedural rules for civil, administrative, appellate, or other proceedings. Unauthorized communication: means any direct or indirect communication, in any form, whether written, verbal or graphic, with the hearing examiner or the hearing examiner's staff, by any person outside of a public hearing and not on the record, concerning substantive issues in any proposed or pending matter relating to variances, conditional uses, rezonings, or any other matter assiqned by statute, ordinance, or administrative code to the hearing examiner for decision or recommendation, except as otherwise permitted. SECTION SIX: EFFECTIVE DATE [add to the end of the existing Ordinance text].., except that Section 3.~ of these Land Development Code amendments will not become effective until such date as the Board of County Commissioners establishes b ~on assed with at least a four-fifths majority vote. On that effective date, ~ ~ all applications, requests, petitions, or other forms of development approval that are deemed sufficient by the County Manager will be considered and review ;d aS~TEM 59 of 60 JUN 0 6 2001 set forth in Section 3~., and the then current Code, ordinances, and laws, except that those projects already heard, or properly advertised to be heard, by the environmental advisory council or planning commission, or both, as of the effective date set forth in the above-stated resolution will be heard, reviewed, and considered under those rules, regulations, and procedures in effect immediately prior to said effective date. Any such project which fails to be fully heard and have a final decision rendered by the County within six months from said effective date will be deemed denied without prejudice, and will subsequently be considered and reviewed under the then current rules, regulations, and procedures of this Code, and other applicable ordinances or laws. Either the resolution referred to above, or an executed copy, will immediately be recorded by the Clerk of the Board in the Official Records of Collier County, thereafter, a certified copy of said recorded resolution will be forwarded to the Secretary of State for filing. The failure to record or file said resolution will not otherwise act to invalidate or delay the effective date for these regulations. 60 of 60