Agenda 06/20/2001 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Wednesday, June 20, 2001
5:05 p.m.
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. PLEDGE OF ALLEGIANCE
2. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH iNCLUDES THE
1
June 20, 2001
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 PROCEDURES; 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 3.8 ENVIRONMENTAL
IMPACT STATEMENTS (ELS); DIVISION 3.9 VEGETATION REMOVAL, PROTECTION
AND PRESERVATION; DIVISION 3.12 COASTAL ZONE MANAGEMENT; 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; DIVISION 5.13
ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DIVISION 6.3. DEFINITIONS,
INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DESTINATION RESORT
HOTELS, PARTICIPANT, PSI (POUNDS PER SQUARE INCH), RIGHT-OF-WAY,
STRUCTURE, UNAUTHORIZED COMMUNICATION AND YARDS; ADDING APPENDIX
G STANDARD BEACH EVENT PERMIT CONDITIONS; SECTION FOUR, CONFLICT
AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES.
3. ADJOURN
2
June 20, 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
PROCEDURES; 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.
OBJECTIVE:
To amend provisions of the Collier County Land Development Code.
CONSIDERATION:
This is the second 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.
AGENDAITEM
No.__ --
JUN 0 2001
Pg.
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
MURRAY, AICP
ACTING CURRENT PLANNING MANAGER
REVIEWED BY:
THOMAS E. KUCK, PE
ACTING PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY: .
JO~',~ M. DUNNU~I~ III
IN,RIM ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE
DATE
H:/LDC Cycle I - 2001FEXECUTIVE SUMMARY-2001-Cyclel- 2nd hearing 06-20-01.DOC
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AGENDAITEM
No.
JUN 2 O-2001
~.. //'
I I
JUN ~ 0 200~
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Ronald F. Nino,AICP, Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2:34
LDC SECTION: 2.2.8.4.8. 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 the most
recent hotel construction: ^a~no^ ~TEM
,JUN 2 0 2001
,,,,. /,5'"
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
2.2.8.4.8
Floor area ratio. The maximum floor area ratio for hotels, motels and timeshare
facilities shall not exceed a factor of 0.~0 0.50 except for destination resort hotels as
defined in Article 6.3 where a floor area ratio of IXS0 0.70 is permitted, except that in
no case shall the application of a floor area ratio exceed twenty-six (26) units per acre
as defined for that particular floor area ratio application. Further any project whicl:
received approval at a public hearing prior to July 1, 2000 shall not be deemed to bc
non-conforming as a result of inconsistency with any floor area ratio limitations.
AGENDA ITEM
No..,.
JUN 0 2001
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.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
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.
"' AGENDA ITEM~
Amend the LDC as follows:
JUN 2 0 2001
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 .... ~ ~ frontage and
cf ~ hich ~ ..... ho p~mm-ily
.... in ......~ ~ c.~e~..ise ~ .... ;~ ~,,o: ....... :";*" including but not limited to: (i) direct
access to the Gulf of Mexico, (ii) on-site golf course and golf-related hcilities, (iii) he~th sp.a
an~or fitness center, (iv) other recreational amenities and on-site se~ices, including full dining
se~ices and cocktail lounge, ente~ainment rooms for v~deo and movies, and concierge services.
Except that, for Destination Reso~ Hotels fronting on the Gulf of Mexico, an on-site golf course
is not required. In all cases, a Destination Reso~ Hotel must include full dining services and a
cocktail lounge, and not less than twenty-five(25) percent of the gross floor area must be devoted
to common usage and support service areas, such as but not li~ted to fitness room, health spa,
media room, meeting rooms, dining and lounge hcilities,and spaces in suppo~ of hotel
functions.
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Susan Murray, AICP
LDC Page: LDC2:34
LDC SECTION: Section 2.2.8.4.5, 2.2.8.4.7.2. & 2.2.8.4.8.
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. 3C~ ....... ~'~" Jrt;- :.: ,,,,.,. *,^,-~ ,---.~ --,-^'-~" Three hundred ((300) square
foot minimum with a five hundred (500) square foot maxim-m for hotels and motels, except
that twenty percent (20%) of the total units may be utilized for suites.
Sec 22848
fa 11;*;~o hall.,ot
C ....... S
6.3 "'*'~'~ a .....
AGENDA ITEM
NO. --
JUN 2 0 2001
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 1600 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 2800 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.
deemed non-conforming as a result of inconsistency with any floor area ratio limitati
Division 6.3 Definitions
Residential Hotel .A residential hotel is a hotel intended for family occupancy where th '. drastic_-_
of a stay is a minimum of three (3) days and normally exceeds one (1) week and offen full living
accommodations, including kitchen, living room, bathroom, and two or more separate bedrooms.
The following operational characteristics are required:
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 0.50, except for destination resort hotels and
residential hotels as defined in Article 6.3 where a floor area ratio of 0.80 0.70 and 1.15 is
permitted respectively, except that in no case shall the application of any floor area ratio exceed
twenty-six (26) units per acre as defined for that particular floor area ratio application Further
any project which received approval at a public hearing prior to July 1, 2000 shall not ~e
AGENDA ITEM
.o.,.,
JUN 2 0 ;~001
On-site reservation service
· Daily housekeeping services
· Lobby registration area and personnel
· Conference or meeting room(s)
· ~ommon service areas (ice, vending, etc.)
·
·
Occupational license for hote!.
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.
· Po~ting 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.
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 dividv the
unit, i.e., lockouts, so as to create more than one (1) unit for rental during any period of time.
' AGENDA ITEM
No. --
JUN 2 0 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 satisfying 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 musJ
of other types of electrical equipment for purposes of enhance{
sound; or
7
JUN 2 0 :~001
o
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.
2.6.34.3.1
2.6.34.3.2.
2.6.34.3.3
Notice of Scheduled Events:
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 part of the Annual
Beach Events Permit application. The notice shall indicate the date, time and
duration of each event.
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.
All notices or documents furnished to Collier County pursuant to the permit or these
r_egulations 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.
2.6.34.4.1.
2.6.34.4.2.
2.6.34.5.
2.6.34.5.1.
Event Cancellations and Postponements:
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.
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 ~mfi~a~no^ ~'t~
~10.
Annual beach events which occur during Sea Turtle Nesting Season (M.
October 31st of each year): During o~ ~ ............. e, .............
also subject to the following ccn~.t~.-~ns regulations:
~ All required Florida Department of Environmental Protection (FDEP)
Field Permits, if requ;.re~ by FDEP, shall be obtained and ~ furnished to Collier
County prior to the time of the scheduled event as set forth in section 2.6.34.3.
_ · ......... e, or beach
2.6.34.5.2. Consistent with section 3.13.7.3, and 3.14.6, no structure $set up, ~--~"~:""
raking; or mechanical cleaning activity for an__x particular Beach Event shall ,not
commence until after monitoring conducted by personnel with prior experience and
_training in nest surveys proced~ and possessing a valid Fish and Wildlife
Conservation Commission Marine Turtle Permit has been completed
2.6.34.5.3.
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 15
foot radius out from each sea turtle nest that has been identified and marked on ~
2.6.34.5.4
2.6.34.5.5
2.6.34.5.6
2.6.34.5.7
2.6.34.5.8
2.6.34.5.9
2.6.34.6
beach, unless a greater distance is required by an applicable State permit.
Use of vehicles on the beach is prohibited, except as may be permitted under in
Section 3.14.3, 3.14.5, or 3.14.6. cf t~2s ccde.
Consistent with section 3.13.7.3,A_all materials placed on the beach for the purpose of
conducting the permitted Beach Events shall · 1) must be removed from the beach by
no later than 9;30 p.m.o.r~a~..,,,, .,v,...~ ,~-"r ,,,,,."-~ ,.,,,~,~' ..... ,,,,.,c'~' sunset 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 p.m.
The location and size of all staging areas will be as identified in the permit.
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.
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 Natural Rescurce~
~ staff in order to protect the identified sea turtle nests in this permit;
except that county staff may relocate a staging area as provided for in 2.6.34.5.5, as
part of its daily sea turtle monitoring
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 this any permit or these regulations shall must also
be f-m:nished provided.by the permit holder to Collier County Natural Rest 'm ~.~, aaE~r>a
Department.
Penalties. Notwithstanding the penalties set forth elsewhere in this Code,
following violations of this section are subiect to the following penalties:
1.
Violations which do not occur during sea turtle nesting season, i.e., c':c~=r?g,_~:.:., c~.
of sea turtle nesting season, are subject to up to a $500 fine per violation.
2. Violations which occur during sea turtle nesting season and are:
.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 monitoring; 2) failing to remove beach
event materials from the beach by 9:30 p.m. ~ ~- .... after ....... ,3) failing
to have lights, so required, turned out by 9:00 p.m.; or 4) not placing
bo
additional barriers around nest~sec. 2.6.34.5.~_3' are subject to
the following penalties:
First violation:
Second violation_z:
Third or more violation:
lO~e and a ..... n
~00 fine an~ a
$5,000 fine
~would not caus_xe immediate harm to sea turtles or their
nestin~which include but are not limited to the followingi_D
failin to notif the Count of a beach ev~vide the Countx
~of Florida D~ment of Protection ermits rior to each beach
event~beach event materials or related structures set laced
stored on, or within ten feet of any beach dune; are subject to up to a $500.
fine_____:.
AGENDAITEM
NO. ,,
JUN 0 2001
o
o
o
o
COLLIER COUNTY COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES
2800 North Horseshoe Drive
Naples, FL 34104
941-403-2400
EXHIBIT "A"
STANDARD PERMIT CONDITIONS
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 of, any beach dune.
Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through
October 31st of each year: ...... ~, .........
........ ~, bc are
also subject to the following ccnditicns regulations:
A espy sf the All required Florida Department of Environmental Protect
Field Permits, ~f
- - -~,i .......~ .... , shall be obtained and a copy furnish{
County prior to the time of the scheduled event as set forth in section 2.6
d to Collier
34.~UN ~ 0 ~001
B. Consistent with section 3.13.7.3, and 3.14.6, no structur~ Sfi_et up, i~aetu4h~ 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
Commission Marine Turt .... -'
Conservation le Permit has been c__~_q_9__m~leted the
C._~. 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 1:,
foot radius around each sea turtle nest that has been identified and marked on a beach,
unless a greater distance is required by an applicable State permiL.
D. Use of vehicles on the beach is prohibited, except as may be permitted under i-~
Section 3.14.3, 3.14.5, or 3.14.6.q~f-this-ood~
E. Consistent with section 3.13.7.3 ,a, all materials placed on the beach for the purpose of
conducting t-he permitted Beach Events shat4 must. be:_ 1)...removed from the beach by
no later than 9:30 p.m. 9:09 p.m. of one h .... 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 p.m.
;Fhe location and size of all staging areas will be as identified in the annual beach
events permit.
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.
G. 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 Natural Rose's:roes
~ staff in order to protect the identified sea turtle nests in this permit;
except that county staff may relocate a staging area as provided for in standard
condition 10 E, as part of its daily sea turtle monitoring.
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.
I. A copy of all ~4notices required by t4a-is any penrdt or these regulations stml-t must also
be hma-ished provided by the permit holder to Collier County Natural Resources
Department.
AGENDA ITEM
NO.
JUN 2 0 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 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 staff the
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 .,o ~,~ ,.~.~, .... '~ ~'~' 5a it
m utc,that:
1) do not constitute fixed structure(s), 2) do not require a building permit, 3)
weigh less than 100 pounds,..and 4_)_upon review by the d~,~q~pm~at planning
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 (May 1 - October 31) unless
the structures are removed daily from the beach within one hour of sunset
pri,v,r te 9:00 p.m. 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),
or unless the beach furniture is being actively used or attended durin~ the
period of time from 9:30 pm until the next day's 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
A~ENDAITEM
No.
JUN 2 0 2001
3.13.9.3.1 Penalty [or 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 occu.'
during sea turtle nesting season,:..
A) 1) setting up of any structures as defined in 3.13.7.3, prior to daily sea turtle
~nonitoring, 2) failing to remove all structures from the beach by 9:30 p.m. w~t~n
hcr:r c~' ...... . ,,,, c,.r~c, ~.-,~ or 3) failing to have lights, so required, turned off by
9:00 pm., are subject to the following penalties:
First violation: Up to $1,000 fine.
Second violation: $2,500 fine and
$5,000 fine n~,~
Third or more violation:
B) beach front property owners who leave beach furniture unattended on the beach
between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to
the following penalties:
First violation: Written notice of ordinance violation
Second violation: Up to $1,000 fine
Third or more violation: $2,500 fin.e.
More than three violations: $5,000 fine.
AGENDA ITEM
No. .
JUN20 O01
..... ,,,..
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 fire).
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.
AGENDAITEM
No.__
JUN 2 0 7001
3.14.3.4.2.
Said permits shall be prominently displayed on the vehicle and kept with the vehicle
and available for inspection;
3.14.3.4.3.
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
ATV's.
3.14.3.4.4.
ipp .......
All vehicles shall be equ ed with large pneumatic tires .....
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.
3.14.3.4.5.
Permits shall only be issued for ATV's when staff has 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.
3.14.3.4.6. When not in use all vehicles shall be stored off the beach;
3.14.3.4.7
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, 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 corridors may be approved
when appropriate and necessary; a staging area may be approved for large events and
4) except for designated corridors, all motorized vehicles shall be operated below thc
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: ^6END^ ITEM
NO.
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
ATV'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 :~c~,~ ,~
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
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 off the 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.~3.7.3., 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 motorized
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 tuffies, 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.
uses of commercial hotel property: Vehicles which are used in conjunctk
such as routine equipment set-up that cannot reasonably be accomplishe~
/7
Vehicle-on-the-beach permits for other routine functions associated with permitted
n wi th~(~l~i~lXEM · NO.
w~thou~
JUN ~ 0 2001
use of such vehicle due to size, weight, volume and such, 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, 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.
3.14.3.6.3.
The types of vehicles permitted for this use may include ATV's, non-motorized
handcarts or dollies.
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.
3.14.3.6.5.
3.14.3.6.7
ipp
All vehicles shall be equ ed with large pneumatic tires '
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.
When not in use all vehicles shall be stored off the beach~
Us ................. &
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 established by the Collier County Natural
Resources Department (CCNRD); additional corridors may be approved when
appropriate and necessary_ and 4) except for designated corridors, all motorized
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 1/2 inch thick attached to the raised tread of the tires) in t
identifications can be made when vehicles are used on the beach. Thi
JUN 0 2001
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-equir-ed, obtained.
3.14.5.2.
Beach raking and mechanical beach cleaning ~*,~'
........... ~,~, to 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, shall-be i~s prohibited on coastal beaches above mean high water
during sea turtle nesting season, May 1 to October 31, of each year, except in cases 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 tgbeach raking and mechanical beach cleaning during sea turtle nesting
season, May 1 to October 31, of each year, o~'~' ~' .... 4,;~,4 ~.. ~ ...... ~ ~,~,~
........................................ ~ .... been
................... ~ ...... must not e n e recom etion
of monitoring conducted by personnel with prior experience and tr~ning in nest
su~eys procedures ~d possessing a valid Fish and Wildlife Conse~ation
Co~ssion M~ne Tulle Pe~t.
3.14.7 Penalties. Notwithstanding the
violations of this division are subject to the following penalties:
/?
penalties set forth elsewhere in this Code,
AGENDA ITEM
Nc).__
JUN ~ 0 2001
3.14.7.1.
3.14.7.2.
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 up to a $500 fine per
violation.
1. Minor infractions of section 3.14.5 which occur during sea turtle nesting season
are subiect to up 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 impr.oper tire pressure.
2. Major infractions of section 3.14.5 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 of a vehicle prior to daily sea turtle
monitoring, 2) use of a vehicle after 9:00 pm, or 3) use of a vehicle outside of a
designated corridor.
First violation: $1000 fine and a suspension of permitted activities,
including but not limited to: beach raking os
activities ~'~
mechanical cleaning
......... ~;,,;*:~ for 70 days or the balance of sea
turtle nesting season, whichever is less.
~econd violation:
$2,500 fine and a suspension of permitted activities,
including but not limited to: beach raking o~
mechanical cleaning activities an~ ':,un-al ~eac~
..... ~ ~,;,,;*;~ 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 o,
mechanical cleaning 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, arc,
subiect to up to 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 subiect to up to a $500 fine per violation. Minor infractions
are defined as any activity that will not cause an immediate harm to sea turtles or thei~
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
pressure.
NO.
JUN
2 0 ZOO1
2. Major infractions are defined as any activity that may cause harm to sea turtles ot
their nesting activities; and include, but are not limited to, the following: 1) use of a
vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 p.m. 9:9,0
pm, or 3) vehicle being operated outside of a designated corridor. Major violation:;
are subject to the following penalties:
First violation:
$1000 fine.
Second violation:
$2,500 fine ~-a ..r cf
Third or more violation:
AGENDA ITEM
No. ,,,
JUN ~ 0 ZOO1
ORIGIN: Board of County Commissioners
AUTHOR: Patrick G. White (061101-1637)
DEPARTMENT: County Attorney's Office
LDC PAGES: As reformatted by these changes, see Summary Table of
Amendments.
CHANGE: Revisions to existing LDC text, and the addition of new text, to
implement an initial 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: GENERAL PROVISIONS
Division 1.8 Non-conformities
Sec. 1.8.6. Change in use.
If no structural alterations are made, ~1~,.~,..~. ~~
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 ~'"'""~ of
~n~-,li,-.,',+;,-,,', +n 'ri.-,,-, H .... h-, .... + .... ;,-,n~-. H;.n,-+n~ shall find after public notice and
UpOR ,..~ ..................... r' ....................... '
hearing that the proposed use is equally or more appropriate to the district tnan.~.~m~^
1 of 42 ~ ~
JUN 2 0 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 permittim such chan~le, the
..... '" ~:e~H~ 'b'~i~ may
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
residential use thereafter, may be altered, expanded, or replaced upon r~ccmmcnd~t!cn
................. ~ ~ ......... ~ cc'"'~,sc,c,', ~.".d approval of the ~,,',~ ,',' -,,-,-,; ....... ,-
~Z~ ...... I ~l~il~l "1'*;""~ hearinq examiner. "' ............. ~ ~:u
Notwithstanding the foregoing restrictions as to reconstruction, any residential structure
or structures in any residential zone district may after destruction be rebuilt after
~est~t~.r~-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 ~'"'~-'~ ,-~ --'on!ng ..... ~-
........ ~ .... hearinq 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
,.. ......... ~ ccmm:"s,cn hearin.q examiner o,-,~ *~,,-, ~,-,-,-~ ,-,~ ..... .,,
...................... ~ ccmm!cs!cncrc shall
consider and base its his or her approval on the following standards and criteria:
Article 2: ZONING
Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards
Sec. 2.2.2. Rural agricultural district (A).
2 of 42 ~ '~ I
AGENDA ITEM
No,
JUN 2 0 2.001
2.2.2.3.
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.
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 Board of
,,,~;,,,, ^ ....i~ H~rinn the conditional use process.
Z,..,, ,,, ,~ · ~t"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 4n ......... ~ ?-
concll[ional uses TOt [~u/ ~,~,~ ~ ........ ~
~ner~ If during the review, at an adveAised public hearing
meeting the requirements of section 2.7, it is determined by thc Board of
5~-[n~ ~--~-~- that the tour operation ~s detrimental to the environment,
and no corrective action has been taken by the petiti ~,~,, ~T~,
the B~oard of Zc~ '
JUN 2 0 Z001
30f42 ~
-
county commissioners may that it rescind the conditional use
advertised public hearinq meetin.q the ~e
at an
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 ordinanco Code may apply to the ~,,,r,4 ,.,¢ ?,-,,,..,.,,.,
~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.
2.2.24.6.
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 of a site alteration plan or site development plan, as the
case may be, by +~,,- ~,-,or,~ ,,~ ..... ,,,
................. ~ ccmmlcc!cncrs as provided in
section 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 develef~ planning
services director and appropriate county staff. The preapplication
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 ~ 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 ~=~ele!ecwe~ planning services director,
· w~,,,w,,,, cc,.m.m, Jc$1on and ,,,,,,~ ......,o~ ~,,i ....
r- ......... ~, ......................... ., ...... decision by
hearin.q examiner. The site alteration plan or site development plan shall
be submitted to the de,,~efm=~ plannin.q 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
4of42 ~ ~'"'"-
JUN 2 0 2001
._
2.2.24.6.3.
hearing
~,-,,.,.,,--~,..,.~,~,~,-,,- ~ final determination by the
examiner for review and .....................
-~r within thirt 30 da s ~"~'~*~'"' +~'" "'"'~'"';"" ""' ....... ~'
Thc '"~"'"'""""'
· · ---~ r"" A r'~ ~' ,"~, ~"~ ~, - -- - ~v, ,,..~ ~-~'' v~.~.~, , ~ ~'~ ~'~= '
Final actior~by ~'"""~ o~ ""'"'*" c~m"m":~i~ncr'~ Final action on the site
alteration plan or site development plan lies with the~'"'~'~ cf
,-,.,-~;oo;,--,,-.s hearin.q examiner as action on an administrative matter.
CC ................
The bosrd hea~in,q examiner shall review the proposed site alteration plan
or site development plan ;'' ~ .... ' ...... ;,--, and shall act formally by
-~so!,JtiC,'n, a written decision stipulating reasons for approval, or approval
with modification, or denial of the site alteration plan or development plan.
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 bc3rd of
· ...,,.,c3~s hearin.q examiner for a variance from the standards in this
-"O~:~g ~-~,~, , ' ,
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 Jollowing: 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.
2.2.28.3.3.2.
Immokalee Overlay Districts.
Owners of lots or combinations of lots having less than the required street
· -,~,,-,,-,,~o hearin.q examiner for a
frontage may petition the board cf zcn',ng --~-r- ......
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.
AGENDA ITEM
NO._ --
JUN 2 0 2001
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 ~,,,,,r,~ ,,~ -,,-,,-,~ ....... '" hearing
examiner for a variance from the standard in this sub-district as wil~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 ~,,--,-,~ ,-* zonir, g ..... ',-
hearinq 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 board of --,',,,;,-,,-,
...... ~ ,..-/.-,/,., .... ~
~, ......... ~ cc'"'m'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
d.
Special conditions for marinas
Height of structures may be increased to a maximum height of fifty (50)
feet ~',, *~,,,, ~,,,or,~ ,-,~ zoning ..... ,.. f~Ta~
"'~ ............ ~-~ .... ~.----, v upon approval of a variance
petition. ~ ]n 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. ~,~A ,~
NO.
60f42 ~~
JUN 2 0 ['001
Sec. 2.3.4. Off-street vehicular facilities: design standards.
2.3.4.11. Locational requirements.
Exemptions to Iocational requirements:
Parking exemption
· ,,-,.-,,-,-~- hearing examiner, after review
1. The bcard of zen:rig ,.,~,,~
and recommendation by the '"~""";"" ,-,-,-,-,-,-;o";'-n 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
services director, or the bc~rd cc -'""'; .... ,-,,~,,~ hearing
, ~v, ,,, ,~ ~.~1-'~'-'"'''''~'' .
examiner.
2. The "~"""""" ""'"'"";"~';'"'" hearin.q examiner ~and thc bc~rd
of "'""'; ....,,,~,,i. 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 sta¢
required, the amount listed does not include the first vehicle being serviced (for
~lng [,~IENDA ITEM' '"' · NO.
Inve-m
JUN 3 0 2001
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).
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 1 space for each 4 seats,
may be applied for in conjunction with an
application for a site development plan,
through the ~,,-,o,,4 ,.,~-.,.,,,~ ....... ~" hearin.q
examiner after review and recommendation
of the~.,,..,,-,l~,',,, ;,,,,,, ,,, ,~ comm!cclcn .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
relating to these regulations shall be to the ~,,,,r,~ ,.,~ zc,-,i,-,g
hearing examiner as an appeal of an administrative matter ,", .....
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.
AGENDA ITEM
No.
JUN 2 0 2001
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:
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 bccrd cf
-,,,,,~,,-. -~,~,,~'-~o hearing examiner through the variance process.
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:
1. 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.)
2. 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.) - ^~,D^
NO._ --
JUN ~ 0 ?_001
9 of 42
I Pg'-
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,
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 board cf
zo~i,-,~,..~.~...,..,..~.- hearing examiner through the variance process.
Sec. 2.5.11. Variances.
The hearinq, examiner, ,....,..,k'"--'4,. ..,"'~ .-..,"'"";,,, ....... ,~ ...,.~...,..,..~" based upon the evidence given in
public hearing¢ and the findings of the ,-.~'-,-~,~-,,- ' '
~. ......... ~ com'~':"°:on hearin,q 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
2.7.5 of this code. In granting any variance, the....._,~.,',-~.~.. ,',~.., .-..,-'"'"",,, ....... ,~ ,-.~.~.....~,.,~" hearing
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. Locational restrictions for businesses serving alcoholic beverages.
2.6.10.1.1.
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 playground, unless a waiver of said distance
requirement is granted by a b"'a~'4 ,",~ --,'.,-,~ ....... ~ ..... "'*~'"" the
hearing examiner 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
AGENDA ITEM
No.
JUN g 0 2001
2.6.10.3.
2.6.10.3.1.
2.6.10.3.4.
establishments located in shopping centers shall be measured to the out.er
wall of the establishment.
Waiver of distance requirement. The hearinq,_ examiner .....~,~'"""~.. '''¢,-,, ~..,-'""';~'"',,, ,~,
appeals may, by rcso!ution, grant a__waiver of part or all of the minimum
distance requirement set forth in section 2.6.10. if it is demonstrated by
the applicant and determined by the hearinq examiner,....,*,.-.~'"""~ .., '''~ .-.-.,,,,,~,
..... ~- 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
· ,. ....~'o decision to
requirement. The hearing examiner's board of zen:rig ,..~.,.. ....
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 library, church, public park or public playground
io to
which is determined by the hearin.q examiner bccrd c¢ zcmng .,~,~. ....
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.
Pdor to cOnsideration of such waiver by the hearing examiner bccrd of
..... ~- the applicant shall provide to the planning services
ZOning ,-,r~, .....
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 supply
which would assist the hearin.q examiner,,,,,~. ~h"""~ 0F, ,---.....~"'"";~'" ,~,r,-'-.'~""'~'"~"~ in its his
evaluation pursuant to the factors set forth above. Upon receipt of the
applicant's application and the applicable application fee established by
the hearing, examiner board cf ....,~,,.~* ...... ....,,,,,,,.~..,..,,..,,,,;.-.-;,',-,'--~' a public hearing
date shall be scheduled before the hearinq examiner board ~'~.,, .-..,-'""';'"",,,,~
..... ~-' 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.
11 of 42
AGENDA ITEM
NO.
JUN 2 0 2001
2.6.11.2.5.
2.6.11.5.3.
Barbed wire, razor wire, spire tips, sharp objects, or electrically charged
fen?es shall be prohibited, except that the hearinq examiner ~
....... ~ appe21s may as an administrative matter, following
recommendation by the planning services director, allow the use of barbed
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 ~'*'--'~' +,', tho ~,,-,~,~ ,-,~ zoning ~-,~,-,~,~
,-,~-~ .... approval of the
hearing examiner of an administrative matter following recommendation
by the planning services director.
Sec. 2.6.21. Dock facilities.
2.6.21.3
Dock facility extension. Additional protrusion of a dock facility into any waterway
.beyond the limits established in subsection 2.6.21.2 of this code may be considere~l
appropriate under certain circumstances. The hearing examiner, at a duly advertised
public hearinq, shall approve, approve with conditions, or deny, a dock facility
extension request based on the criteria below. Advertisement of such hearing shall
consist of, 1) publication of a notice of the hearing in a newspaper of general
circulation in the county at least 15 days in advance of the hearinq; 2 posting of
~i.qn by the planning services director in full view of the public on the subiecl
property; and ) notification by the planning services director of all owners of prope~¢
within 300 feet of the subject property. As to any boat dock extension petition upor~
which the headnq examiner takes action, pursuant to section 5.5.5. (b) 2. of thi.,.,
Code, an a.q.qr eyed petitioner or adversely affected property owner may appeal suct',
final action as set forth in section 5.5.6 (a). The hearinq examiner shall base his or
her decision for approval, approval with conditions, or denial, on an evaluation of th(;
.following primary and secondary criteria. The application for a boat dock extensior,
shall include the following: 1) a signed, sealed survey depicting mean high water,
mean Iow water, and relevant water depths measured at no less than 5-fool
increments; and 2) a chart, drawn to scale, of the waterway at the site, depicting tho
waterway width, the proximity of the proposed facility to any adiacent navi.qablo
channel, the proximity of the proposed facility to docks, if any, on the adiacent IotsL
and the unobstructed waterway between the proposed facility and the opposite bank
or any dock facility on the opposite bank. In order for the hearinq examiner
approve the request, it must be determined that at least four (4) of the five (5)
primary criteria, and at least four (4) of the six (6) secondary criteria, have been met.
These criteria are as follows:
2.6.21.3.3.
If deemed necessary based upon review of the above criteria, the h
examiner may impose such conditions upon the approval of an exb
12 of 42
.... n'~ENDA ITEM
~nsi~:?.
JUN 2 0 2001
request it deems as 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), and provision
of Ibht(s), additional reflectors, or reflectors larger than four inches.
2.6.21.4.
Boathouse requirements: Boathouses includin )ofed structure built
on a dock, may be approved by the the same
procedures described in section 2.6.21.3; however, the criteria in section
2.6.21.3. shall apply only to simultaneous application for both a dock
extension and a boathouse. In cases where the boathouse is to be
constructed on an existing, legally permitted1 dock, these criteria shall not
apply since the dock itself is already in compliance with the code. In
cases, the fo owing additional criteria shall to boathouses, and all ot
these criteria must be met in order for the approve the
request ·
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 by *hc. r-,.,~..~.....,,,.., r-......,,.~+,, ,.,,.~,,,,,,,~~'-'"";~" ccmmlcslcn 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 develo standards which may be
approved, 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 d/stance requirements. The hearing examiner board cf zoning
..... ~o may, by .... ~,,*~,"," 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 hearing examiner ~,....r,4,....,..,....~.., ----,"""';"'"',,,,u
~,-,-,,---'-' that the site proposed for development of an automobile service
station is separated from another automobile service station by natural or
man-made boundaries, structures or other features which offset or limit
the necessity for such minimum distance requirements, The hearing
examiner's ~,,,,r,~ ,-,~ -.,-...;,.,. ..... ~ decision to waive part or all of the
distance requirements shall be based upon the following factors:
13 of 42 ¢_~
AGENi;;~ ITEM
NO.
JUN 2 0 2001
2.6.28.4.2.
Additional conditions. The hearin.q examiner~,,.,,~.~"-"--'4~, ,-,¢,,. zoning ~,~,~,,.,,.,.,..'"' shall
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 mad~ by the ~lli~ County
~, ......... ~ ............... hearln.q examiner o~¢~r;.t , nt
~'iS~S s~e~-'appl~abl:e when cons~denng such apphcabons:
Division 2.7. Zoning Administration and Procedures
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 shah 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 shah appear in each
application.
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 ~ planning services director accompanied by all
pertinent information required by this zoning code and which m
14 of 42 ,~ ~-"-
JUN S 0 ZOO1
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.
15 of 42
JUN ~ 0 ZOO1
Sec. 2.7.5. Variance procedures.
AGENDAITEM
No.
JUN 2 0 2001
'~'"" 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,
· ,- ....,~ ~--~ ..... *~-'~ evidence given in public
The board of --.ch=rig ..~.~, .......... ~. .......
hearingT and the findings and conclusions of the u,..,.,,.i,.,, r,,-,.,.,,..,i.,..~,.,.
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 P!cnn!ng Commission hearing examiner public 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.
2.7.5.5.
Notice of the time and place of the public hearing before the ~
Ccmmlsclcn 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 a variance is sought.
~,~,~.,,~ ,",.-..~""~"" hearing examiner pubfic hearing. The public
hearing(s) shall be held by the,D~"'"~';'"",.~,,,,,,,U r',...m~...-~..,-,...,..,,,,,,,....,..,, hearing, examiner.
Any party may appear in person, by agent or attorney, or may submit
written comments to the Pp. lanning S_.~services Ddirector.
2.7.5.6.
Findings. Before any variance sh=!! may be,...,..,,,,,,.,,,....,.'~'""""~"'~ ~"',..,,..~,,-., ° ....... ...,..,' *",--
+~"- bcard ''~ ""'"~"'"' ..... '-' approved the-,,..,~'"nnln'', ~ r.,.,,-,.,-,.;.-.-~,.,,.....,,,,,,,.,.,,..,, hearing,
examiner ohag will consider and be guided by the following standards in
making a determination:
.~.2.7.5.7.
Conditions and safeguards.
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hearing examiner may
JUN 2 0 2001
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, ther..~.,,,,,,,~"'~""~ ...... -..-,,,,.,,---..--,,;~°~ hearin,q,
examiner may ¢eeemme~ 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.
~ ....... ~"*;"" of dDeniaL If the "~"""; .... mmisclcn hearing
examiner recommends denial of denies a variance request, i~ the record
shall state fully in its record....~*'o the hearinq 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,.,..,"~"";, ..... ..... ~ m;~"';'"" hearinq examiner report and rezonin¢
recommendations. The report and recommendation of the
ccmm~ccic'' hearinq examiner required above shall be final in all cases
except those requests for variances which accompany and are a part of a
petition for rezonin.q, in which case the report will be included with the
hearing examiner's recommendation for the rezoninq request and be
advisory only and shall not be binding upon the board of county
commissioners ~;
.- ~.~, ,,,
._.7....!!
2.7.5.12.
= m ~,'1 ,~'~ I~u~. ~N T~=i~~
NO.
JUN 2 0 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 occupancy as
required by the Collier County building code or this code. and Additionally,
no building or land alteration permit application shall be approved ~
t.,,~..~,,,,,,,~ ..,,,.,,. ~ , ~ , ~, ,v,,,,,~:~, ~ , ,~.
~ a written order from the ~"-"~-'~ '''~ -'""; ....... '-' "" *~"- fo-"-
el--an administrative review of thc an interpretation: or variances from the
hearinq examiner as provided by this code is obtained, or unless ~
¢eeeive-a written order from a court or tribunal e¢ of competent jurisdiction
is obtained.
Article 3: DEVELOPMENT REQUIREMENTS
Division 3.9. VEGETATION REMOVAL, PROTECTION, AND PRESERVATION
Sec. 3.9.6. Review Procedures.
3.9.6.4. Exceptions.
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JUN 2 0 2001
3.9.6.4.8.
The Collier County
~. ......... ~ commisslcn 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 of
affected property. Relief shall be granted only upon demonstration by the
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.
Article 5: DECISION-MAKING AND ADMINISTRATIVE BODIES
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 ,-,~ +~-,', r-,.,,;,., r,,.,,,,.,+,, ,-,.,.,,.,+~. ,.,...,.,~,.,,.,,~,,.,., ,-,i,.,-,
................... ~ ~ .............. ~ ........ ~. .... or the ~
,4...~....,..~.,,,.~,,.~ ..... + ~'~'~'.......... 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 ~, ,, .... ~?,~ ........ ~ ,m.,,, ¢,,,.;~,, r,,.., ,,,~, ...... ,,~..
....... ~ ........ ~, .... 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.
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AGENDA ITEM
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5.1.1.6.
To take such other action not delegated to the planning commission, the
board of zoning appeals, the hearing 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 matters. At pUblic hearings
on zoninq matters includin( )ant or his
representative at the will be afforded the right
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
before the hearin¢ examiner and not otherwise disclosed in the record.
commissioners may orally question its staff its and an'
who is present about matters contained in the written record and
procedure.
points of law or
DIVISION 5.2. PLANNING COMMISSION*
Sec. 5.2.1. Establishment and purpose.
There is hereby established a planning commission.
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
AGENDA ITEM
--
21 0f42 Z/~
JUN 2 0 ZOO1
5.2.2.4.
5.2.2.5.
5.2.2.6.
submit to the board of county commissioners an annual report
recommending amendments to the land development code.
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.
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 or the official
zoning atlas of the land development code.
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 govemments.
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.!0. 5.2.2.9. To consider and take final action regarding preliminary subdivision
plats processed pursuant to the provisions of division 3.2.
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 lc s....3c.r ~E,D^,TEM
22 of 42
NO.
JUN 2 0 ZOO1
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.
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.
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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
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 ....
A(3ENDA IT~
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JUN 2,0 ZO01 /
t
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 """"'"" ""*" '~ .... ~ ..... * planninq services division shall be the professional staff of
the planning commission.
Sec. 5.2.10. Meetings.
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 I-,,,~ ,~ .... , ..... * -,'-*;*; ....... ~;"'~+;"~' 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 agg
NO,
JUN 2 0 2001
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 ~ planning 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, review and approve, approve with conditions, or deny appeals
from interpretations made by the ~eve!ef~¢~ 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.
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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 adjus.tmeR~ 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 than a
minority of such members' terms shall expire in any one year.
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.
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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.
............. ¢ ...... ,., ....... planninq 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 ..... , ~ .... ,,,4~,..,-,,,,,~ ........ ~'~"~' require ~ ..... m,.~,~,~ ...... ,,.,,.
Sec. 5.3.9. Meetings.
AGENDA ITEM
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JUN 2 0 2001
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.
5.3.10.1.
5.3.10.2.
Operating procedures.
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.
All meetings and hearings of the board of.~,~,~...,'~'~:' '"+""""'+,,.., ,. zonin.q, 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 hearin.q examiner is
hereby established. The hearing examiner shall have the powers and authority set forth
in this division.
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. Funding.
The board of county commissioners shall establish the office of the hearing examiner
and appropriately budget such office annually.
AGENDA iTEM
JUN 2 0 Z001
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 hearinq examiner business and the hearing examiner shall conduct
all required hearinqs or meetings pursuant to the provisions of applicable
regulations and administrative codes of the board of county commissioners.
(b)
Meetinqs. Meetinqs 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 hearinq before the hearing
examiner, all persons will be heard as participants. However, the hearing
examiner has the riqht 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
make a written report of his decision in accordance with the rules and procedures
set forth in this Code and any applicable administrative code, and provide a copy
of the report of decision to all parties of record, includinq participants, appropriate
county staff, includin.q the county attorney and the county manager, and the
Board of County Commissioners.
(e)
Records.
(1)
The hearinq 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.
(2)
The hearinq 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 knowledqe of relevant facts to attend hearinqs 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.
(a) Action on administrative matters:
(1) Administrative recommendations, hearin.q examiner decisions. After staff
review and written recommendation on an administrative a
NO.
JUN g 0 ; 001
(2)
(3)
directed by a specific provision of this Code to be decided by the hearing
examiner, a written final decision will be rendered by the hearing examiner
within thirty (30) days of such meeting, in reaching his decision, the
hearing examiner must consider:
the criteria for the type of application being requested, in particular,
those factors set forth in the recommendation of staff;
2. testimony from the applicant; and..
3. testimony from any members of the public.
Administrative appeals, hearing examiner decisions. After staff or the
planning services director's review and determination on those
administrative applications which do not otherwise require a public
hearing, but by specific provision of this Code may proceed directly to the
hearing examiner for review on appeal, will result in final decision by the
hearing examiner within thirty (30) days.
Judicial review. Judicial review of final decisions of the hearing examiner
with respect to administrative matters are to the circuit court in accordance
with sec. 5.5.6.
Variances.
(1)
(2)
(3)
Function. The hearing examiner will hear and decide all requests for
variances from the terms of the regulations or restrictions of the zoning
code and such other codes or ordinances as may be assiqned to him by
the Board of County Commissioners, except that no use variance may be
heard or considered.
Considerations. In reaching his decision, the hearing examiner must
consider:
ao
the criteria for the type of variance being requested, in particular
those set forth in section 2.7.5,
Staff recommendations;
Testimony from the applicant; and
Testimony from the public.
Findin.qs. 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.
AGENDA ITEM'
--
JUN 2 0 2001
(4) Authority.
The hearinq examiner has the authority to grant, deny, or modify
any request for a variance from the requlations 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.
bo
In reaching his decision, the hearing 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.
All decisions of the hearinq examiner concernin.q variances filed as
part of a ~en~t,~oBat~¢,use petition must be in the form of a written
recommendation to the board of county commissioners
(5) 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.
AGENDAITEM
No.,,
JUN 2 0 2001
(d)
Authority of hearing examiner decisions-recommendations.
a.
b~ The hearin ;xaminer not recommend the of a
(e),
(5).
is more restrictive and the uses
bein.q approved are less intense and otherwise permitted within the
corresponding land use classification as set forth in the growth
management plan.
c. In reaching his decisions, the hearing examiner has the authority to
-- recommend or impose appropriate and reasonably relatea
condit!ons a?d requirements to be attached to any request for a
~6n~i!6~l'~:~!~::6r variance1 as may be applicable.
Decisions. All decisions of the hearing examiner concerning ~~
~i~ffe~§ 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 regular workina day
thereafter. ~x¢~{: ~:i~.~e~ i~i~ii~iii~i;0n~i~i~.:~i~.; only a participant Or hi~'
representative will be afforded the right to address the board of county
commissioners at any subsequent hearing considering such
recommendations.
Notice of intent to deny based on insufficient information.
33 of 42
AGENDA ITEM
NO.
JUN ,3 0 2001
(1)
If the hearing examiner intends to deny or recommend denial of an
application described in subsections (a) 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 alonq 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 zoninq staff, who will review it and prepare a
supplementary staff report addressing only those issues to which the new
evidence is relevant.
(4)
The hearinq followinq 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;/udicial review.
(b)
Unless otherwise specified, the decision of the hearinq examiner will be final only
on administrative matters or variances which are not part of a rezoninq or other
development approval request which requires final decision by the board of
county commissioners. Judicial review of a final decision of the hearing examiner
concerninq such administrative matters or variances will be in circuit court.
Jurisdiction for review of any final decision of the hearinq 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.
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. Decisic
JUN ~ 0 ZOO1
_....
(d).
delivered or mailed by the hearing examiner on the date it is rendered or on the
next re.qular working day thereafter.
The person makinQ application to the hearing examiner for any final decision that
is entitled to judicial review, is a necessary and indispensable party to any actio~
seeking iudicial review.
This section is not intended to preclude actions pursuant to
§163.3215.
Sec. 5.5.7. Unauthorized communications with hearin.q examiner.
F,S. §70.51 or
(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 contex[
clearly indicates a different meaning:.
Application and appeal mean any matter lying within the jurisdiction of the
hearing examiner and any application for rezoning 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 or
her staff, includinQ hearin.q 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, conceming substantive issues in any proposed or pending matte,
relating to variances, conditional uses, or any other matter assigned by statute,
ordinance, or administrative code to the hearing examiner for discussion o,'
recommendation, except as may otherwise be permitted in the county
administrative code.
(b)
Unauthorized communications prohibited.
(1)
(2)
No person shall knowingly have, or attempt to initiate, an unauthorized
communication with a hearing examiner, including members of the hearin.q
examiner's staff, concerning substantive issues relating to a pending o~'
proposed variance or zoning application.
(3)
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 o~'
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 ~vi;.i,
board of county commissioners concerning substantive issue; in
35 of 42 5"- ~
JUN ~, 0 2001
application which will be or is pending for the hearinq examiner's
consideration. However, the hearing examiners may communicate with
the board of county commissioners concerninq procedural matters and the
administration of their office.
(4)
The hearing examiners shall scrupulously avoid improper influences in
their deliberations. They shall not initiate or consider an unauthorized
communication concerninq a pending application.
(5)
In reaching a decision, a hearing examiner may obtain the written advice
of a disinterested expert other than another county hearing examiner or
employee of the county (except a member of the hearinq examiner's staff)
concernin.q a matter of law, planninq, or zoning applicable to a proceeding
before him. A hearinq examiner must .qive 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 for~vard copies of the written advice received as a result of his
request to each participant; and afford all interested participants
reasonable opportunity to respond to and rebut the advice on the record
prior to renderinq his decision. The opportunity to respond may include a
noticed public hearinq granted at the hearing examiner's sole discretion
when a written request for same has been filed with a participant's
response demonstratinq how a participant may be preiudiced or
irreparably harmed if such hearing is not afforded.
(6)
If an unauthorized communication is knowingly made or attempted to be
made to a hearinq examiner or a member of the hearing examiner's staff,
such communication shall be publicly disclosed, placed in the public
record, and reported by filing 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 hearing examiner's office. If, in their opinion, the
attempted or completed unauthorized communication has preiudiced a
hearinq examiner's ability to decide a case based obiectively and
exclusively on the record of public proceedinqs, the hearinq 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 subiect
the hearing examiner or his staff to the penalties described in this section.
(7)
Any unauthorized communication received by a member of the hearinq
examiner's staff concerninq a pending matter and prior to the hearinq on
such matter shall be copied or transcribed, if necessary, and entered into
the record of the pending proceedinqs. Copies of any un~
36 of 42 5-"~
Lmholalil~t~ ITEM
JUN 0 ; 001
communication shall be furnished to all interested parties of record. In
establishing rules of procedure for the hearing examiner's office, the
hearinq examiner and board of county commissioners shall set filinu
deadlines prior to each hearing after which no further submittals, except
those presented at the hearing, will be included in the public record for
consideration by the hearing 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 a[
the hearing will not be considered by the hearing examiner or the board o1'
county commissioners.
(8) Nothing set forth in this section shall prohibit the discussion of any
pending or proposed cases or appeals by and between hearing 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 hearing 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 subject to any, or all, of the followin.q
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 subject to:
a. R~vocation, suspension, or amendment of any permit, variance, ~
-- ~i~!~!i~a~i granted as a result of the hearing examiner action
which is the subject of the unauthorized communication.
(3)
b_ Any other relief available at law or equity.
Each unauthorized communication or attempt to initiate an unauthorized
communication shall constitute a separate offense under the provisions o,'
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 authori
board of county commissioners, hereinafter referred to as the
~,~-' ~
37 of 42 ~_J
JUN
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 and the
review and evaluation of specific zoning and development petitions and
their impact on those resources.
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 resources (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
biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) for
petitions and/or plans for selected development orders, including but not limited
to rezones, developments of regional impact, provisional uses, subdivision
master plans and planned unit development amendments that are directed to the
EAC by county ctaff, the board provisions of this Code.
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.
(2)
Advise the board in establishing goals and objectives for the county's
environmental conservation and management programs.
(3)
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.
(4)
Advise the board in the implementation and development of the growth
management plan regarding environmental and natural resource issues.
(5)
Advise the board in identifying and recommending solutions to existing
environmental issues.
38 of 42
ann f~ ~f, ~r,',
- ~,G~I~II~A ITEM
No,
JUN 2, 0 z001
(6)
(7)
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.
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)
(9)
(10)
Provide an opportunity for public comment on environmental issues, ordinances
and programs.
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.
Participate in the review and recommendation process for excavations over
500,000 C.Y., as provided for in division 3.5.
(11)
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.
/'1
\
(-1-3) (12) Function as an environmental impact statement (ELS) review board pursuant to
division 3.8.
{-1-4-)(13)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 prior
year, present its objectives for the coming year and highlight environmental
issues that need further study.
Sec. 5.13.6. Scope of land development project reviews.
The EAC shall review all land development petitions which require the following: an
environmental impact statement )er section 3.8 of the LDC; all develo ~nts of
regional im
The EAC shall also review any
petition which requires approval of the Collier County Planning Commission (Ci
39 of 42
JUN 2 0 2001
the board of county commissioners (BCC) where staff receives a request from the
chairman of the EAC, CCPC or the BCC_for that petition to be reviewed by the EAC.
Any petitioner may request a waiver to the EAC hearing requirement, when the
following considerations are met: 1) no protected species or wetland impacts are
identified on the site; 2) an ElS waiver has been administratively granted; 3) ST zoning
is present and an administrative approval has been granted; or 4) an ElS was
previously completed and reviewed by staff and heard by a predecessor environmental
board, and that ElS is less than five years old (or if older than five years, has been
updated within six months of submittal) and the master plan for the site does not show
greater impacts to the previously designated preservation areas.
The surface water management aspects of any petition, that is or will be reviewed and
permitted by South Florida Water Management District (SFWMD), are exempt from
review by the EAC.
Sec. 5.13.7.-Appea/;
Reimbursement of expenses.
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. 5.13.9-8. 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].
40 of 42 ~ /
AGENDA ITEM
No.
JUN 2 0 2001
Article 6:
DIVISION 6.3 DEFINITIONS
Participant: means any person who appears at a hearing examiner proceeding, in
person or through counsel or authorized representative and provides legal argument,
testimony, or other evidence. A participant is entitled to receive a written notice of thu
hearing examiner's decision or recommendation. This term includes county staff and thu
applicant where appropriate. Status as a participant under this Code is not intended tu
enhance, or diminish a person's standing in other legal proceedings, and as such will no[
alter a person's standing under the common law or other applicable procedural rules foP'
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, concernin.q
substantive issues in any proposed or pending matter relating to variances, conditional
uses, rezoninc~s, or any other matter assigned by statute, ordinance, or administrativu
code to the hearing examiner for decision or recommendation, except as otherwisu
permitted.
SECTION SIX: EFFECTIVE DATE
[add to the end of the existing Ordinance text] . . . except that Section 3.L. of
these Land Development Code amendments will not become effective until such date
as the Board of County Commissioners establishes by resolution passed with at least a
four-fifths majority vote. On that effective date, unless another date is otherwise
specified in said resolution, all applications, requests, petitions, or other forms of
development approval that are deemed sufficient by the County Manager will be
considered and reviewed as set forth in Section 3.L., 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 orware~A~,M
NO. --
JUN 2 0 Z001
41 of 42 ~::~. 1 ~ '~
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.
42 of 42 ~ / ~,~
AGENDA ITEM
NO.
JUN 2 0 2001
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
Community Development and Environmental Services Division
Ronald F. Nino, Current Planning Manager
Planning Services
LDC 1.28
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 qounty manager, except:
1.19.1.3
x. ,~. ......~' ~- emergency, A dm
............... amen ents 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.
AGENDAITEM
NO.
JUN
2 0 ZOO1
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.
Keeping of fowl or poultry, not to exceed 25 in total number, of'
may be male, provided such fowl or poultry are kept in an enclos
.......... TEM
]re loZ°atcd a
JUN S 0 ZOO1
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.
AGENDAITEM
No ....
JUN 2 0 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:
b. The amount of excavated material ~ .......... removed from the site shall not exceed 4,000 cubic yardq
~l. 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 __.~:~_.. _.. .' .............. ~ ......' .
NO.
JUN
Pg.
7001
ORIGIN: Community Development and Environmental Services Division
AUTHOR:
Ronald F. Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: 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 Permitted Uses
1. Accounting, auditing and bookkeeping services (8721).
2. Automobile parking (7521).
3. Barber shops (7241).
4. Beauty shops (7231).
Business services (groups 7311, 7313, 7322--7331, 7338, 7361, 7371, 7372, 7374--7376,
7379).
6. 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.
Offices for engineering, architectural, and surveying services (groups 0781
910. Health services (8011--8049).
AGENDA iTEM
871 I~-°-$7 i 3).
JUN 2 0 2:001
-1412.
-t417.
4419.
4-920.
-2-021.
2422.
Individual and family social services (8322 activity centers, elderly or handicapped; adult
day care centers; and day care centers, adult and handicapped only).
Insurance carriers, 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 conunercial 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.
AGENDA ITEM
No.
JUN 2 0 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 that generate a much lower automobile
traffic than most other commercial uses within the C-4 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 fright transportation and warehousing (4225 Air-conditioned mini- and self-
storage warehousing only and subject to the following criteria: 1. No metal roll-up
ara e doors located on the exterior of the erimeter buildin s and walls of
buildings which are visible from a public right-of-way.' 2. Access to individual
units whether direct or indirect must be from the side of a building that is oriented
intemall . 3. No buildin ma exceed 100 feet in len th when ad'acent to
residential zonin . 4. No outdoor stora e. 5. The units shall onl be used for
storage_.
2,O~L. Public or private parks and Playgrounds
-2-t-2,~ Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291-7299).
2¢.3...~Real Estate (group 6512).
2~4~ Social services (group 8322-8399, except for homeless shelters and soup kitchens).
245. Reserved.
06/11/20O 1
AGENDA ITEM
No.
JUN 2 0 2001
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian
DEPARTMENT: Planning Services
LDC PAGE: 2:55
LDC SECTION: 2.2.15.3 Conditional Uses, C-4 General Commercial District
CHANGE: Changes to the C-4 General Commercial District allowing air-conditioned self-
storage uses as a conditional use.
REASON: Air-conditioned self-storage Uses are low intensity uses that generate a much lower
automobile traffic than most other commercial uses within the C-4 district. However, their
location requires special attention to existing commercial development in particular and
relationship to residential areas. There are special design and location considerations that need to
be applied on case-by-case bases. For example it would be inadvisable to introduce a personal
self storage facility between two predominately retail functions as this breaks up the value of a
pedestrian link between the retail concentrations. Then there is the need for compatible
architectural styles which cannot be simply resolved by setting conditions precedent to allowing
this use as a permitted use.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.2.15.3 Conditional uses for C-4
18.Motor Freight Transportation and Warehousing ( 4225 Air conditioned and
mini-and self storage warehousing only).
AGENDA ITEM
No.
JUN 0 7001
ORIGIN: Community Development & Environmental Services
AUTHOR: Chahram Badamtchian
DEPARTMENT: Planning Services
LDC PAGE: 2:64.1
LDC SECTION: 2.2.16 ½ 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 ½. Business park PUD district (BP).
2.2.16 1/2. 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 PUD district (BP).
2.2.16 ½. 2.1.
Permitted Primary Uses - 100% of the total business park district acreage
allowed to be developed:
26.
Motor freight transportation and warehousing (4225 mini- and self-
storage warehousing only and subject to the following criteria: 1.
No metal roll-up garage doors located on the exterior of the
perimeter walls of buildings which are visible from a public right-
of-way. 2. No building may exceed 100 feet in length; 3. No
outdoor storage; 4. The units shall only be used fo -stor.~a~. fi°^ ri'EM
JUN 2 0 2001
2.2.16 ½.2.2.
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)
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)
United States Postal Service (group 4311)
345.
Wholesale trade - durable goods (groups
5063-5078, 5091, 5092, 5094-5099)
5021-5031, 5043-5049,
3=$6.
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:
Business services (groups 7312, 7313, 7319, 7331, 7334-7336,
7342, 7349, 7352, 7361, 7363, 7371-7384, 7389)
Child day care services (group 8351)
Depository and non-depository institutions (gro~
6091, 6099, 6111-6163)
?/
AGENDA I'~EM
No.
JUN 2 0 2001
o
o
o
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);
(group8621); professional organizations
unions and similar labor organizations._ )
business associations
(group 8631); labor
Personal Services (group 7991)
Physical fitness facilities and bowling centers (groups 7991, 7933)
AGENDA ITEM
No.__
JUN 0 2001
ORIGIN: Community Development & Environmental Services
AUTHOR: Patrick G. White, Assistant County Attorney
DEPARTMENT: County Attorney's Office
LDC PAGES: 2:77 & 2:235, respectively
LDC SECTIONS: Sec. 2.2.20. Planned unit development district (PUD); and Sec. 2.7.2.
Amendment procedures.
CHANGE: Amend provisions relating to issuance of impact fee credits for dedications
made as part of a rezoning request.
REASON: Recognizes procedural changes brought about by passage of the Consolidated
Impact Fee Ordinance by making reference to the said Ordinance in two effected sections
of the LDC.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Consolidated Impact Fee Ordinance
2001-13, codified in the Collier County Code, Chapter 74.
Amend the LDC Code as follows:
Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards
Sec. 2.2.20. Planned unit development district (PUD).
2.2.20.3.7. Dedication of the public facilities and development of prescribed amenities.
Public Facility Dedication. The Board of County Commissioners may, as a
condition of approval and adoption of PUD rezoning and in accordance with
the approved master plan of development, require that suitable areas for streets,
public rights-of-way, schools, parks, and other public facilities be set aside,
im~oved, and/or dedicated for public use. Where impact fees are levied for ~
~fi~ public facilities, the market value of the lan~et asi~e'f0r
the purpose ..... be credited towards :such ~mpact fees~[~
Said credit shall
be based on a negotiated amount no greater than the market value of the set aside
land prior to the rezoning action, as determined by an accredited appraiser from a
list approved by Collier County. Said appraisal shall be submitted to the County
Attorney's office and the real property office within 90 days of the date of
approval of the rezone, or as otherwise extended in writing by ~ ~o.o~tap
JUN 2 0 2001
~r~e~:, so as to establish the amount of any impact fee credits resulting from
Said dedication. Failure to provide said appraisal within this time frame shall
~I~ authorize the county to determine the market value of the se~mme,
property. Impact fee credits shill only be effective after recordation of the
document conveying the dedicated property to Collier County. Where the term
Collier County is used in this section, it shill be construed to include the Collier
County Water and Sewer District or other agency or dependent district of Collier
County Government.
Land set aside and/or to be improved as committed in the PUD document, or
master plan, as the case may be, shall be deeded or dedicated to Collier County
within 90 days of receipt of notification by the County that the property is needed
for certain pending public improvements or as otherwise approved by the Board
of County Commissioners during the PUD rezoning approval process. In any
case, however, the county shall take title to the set aside property, at the latest, by
a date certain established during, and conditioned on, the approval of the PUD
zomng. ~t~mo::~,e:0's:~m ~ ~he land set aside and/or to be improved~.~.~ ~,shall
be made free and clear of all liens, encumbrances and improvements,
except as otherwise approved by the Board. Failure to
complete the dedication within the appropriate time frame
noted above may result in a recommendation to the Board of consideration of
rezoning the subject parcel from its current PUD zoning district to an appropriate
zoning district and may result in a violation of this Code pursuant to subsection
1.9.2.
Should said dedication of land also include agreed upon improvements, said
improvements shall be completed and accepted by the Collier County Board of
Commissioners at the development phase which has infrastructure improvements
available to the parcel of land upon which said improvements are to be made, or
at a specified time provided for within the PUD document.
Division 2.7. Zoning Administration and Procedures
Sec. 2.7.2. Amendment procedures.
2.7.2.8.1. Dedication of the public facilities and development of prescribed amenities.
Public Facility Dedication. The Board of County Commissioners may, as a
condition of approval and adoption of the rezoning required that suitable areas for
streets, public rights-of-way, schools, parks, and other public facilities be set
aside, ' and/or dedicated for public use. Where impact fees are levied for
facilities, the market value of the land set aside
for -- be credited towards '
fees
Said credit shall be based on a negotiated amount not greater than
value of the set aside land prior to the rezoning action, as detern
the market
ined N .~-~l'l'X~
JUN 2 0 2001
accredited appraiser from a list approved by Collier County. Said appraisal shall
be submitted to the County Attorney's office and the Real Property office within
90 days of the date of approval of the rezone, or as otherwise extended in writing
by Collier County, so as to establish the amount of any impact fee credits
resulting from said dedication. Failure to provide said appraisal within this time
umay frame shall automatie~l~ authorize the County to determine the market
value of the property. Impact fee credits shall only be effective after recordation
of the conveyance document conveying the dedicated property to Collier County.
Where the term Collier County is used in this section, it shall be construed to
include the Collier County Water and Sewer District or other agency or dependent
district of Collier County Government.
Land set aside and/or to be improved as committed as part of the rezoning
approval shall be deeded or dedicated to Collier County within 90 days of receipt
of notification by the County that the property is needed for certain pending
public improvements or as otherwise approved by the Board of County
Commissioners during the rezoning approval process. In any case, however, the
County shall take title to the set aside property, at the latest, by a date certain
established during, and conditioned on, the approval of the rezoning action. ~no
¢~o!,~ffi arftv, the land set aside and/or to be improved shall be made free
and clear of all hens, encumbrances and ~mprovements,
except as otherwise approved by the Board. Fmlure to
complete the dedication within the ~ t~me frame noted above
may result in a recommendation to the Board of consideration of rezoning the
subject parcel from its current zoning district to an appropriate zoning district and
may result in a violation of this Code pursuant to subsection 1.9.2.
Should said dedication of land also include agreed upon improvements, said
improvements shall be completed and accepted by the Collier County Board of
Commissioners at the development phase which has infrastructure improvements
available to the parcel of land upon which said improvements are to be made, or
at a specified time provided for within the ordinance approving the rezone.
AGENDAITEM
NO.
JUN 0 2001
C)
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
AGENDAITEM
NO.
JUN 2 0 2001
Sec. 2.2.28.
2.2.28.6.
Immokalee Overlay District
Agribusiness Overlay Subdistrict:
AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD)
/ INDICATES AGRIBUSINESS OVERLAY SUB--DISTRICT ,~1~
N
AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD)
Map 5 (Delete this Map)
& ITEM
NO. ~
JOhl 2 0 ZOO1
AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD)
INDICATES AGRIBUSINESS OVERLAY SUB-DISTRICT
N
AGRIBUSINESS OVERLAY SUB-DISTRICT (AOSD)
Map 5 (Replace with this Map)
AGENDA ITEM
No.
JUN ,~ 0 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 OVERLAY SUBDISTRICT
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.
AGENDA ITEM
No.
JUN 2 0 2001
2.2.28.8.2
2.2.28.8.3
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.
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:
1. Hotel and Motels 7011).
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
right in this subdistrict:
All uses allowed in the Commercial Professional District
(C-I), of this code (7521).
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:
o
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 Sul-
AOENDA ITEM
JUN g 0 2001
o
11.
Primary uses such as convenience stores and grocery stores are
prohibited from servicing and repairing vehicles in conjunction
with the sale of gasoline, on ail properties having frontage on
Main Street, North First Street and South First Street within the
Main Street Overlay Subdistrict.
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 ail 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 ail properties within the Main Street
Overlay Subdistrict.
Drive-through areas shail be prohibited on ail 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.
Any other heavy commerciai use which is comparable in nature
with the forgoing uses and is deemed inconsistent with the intent
of this subdistrict shall be prohibited.
2.2.28.8.6 Accessory uses.
Uses and structures that are accessory and incidentai to the
permitted uses as of right in the underlying zoning districts
contained within this subdistrict and are not otherwise prohibited
b this subdistrict.
2.2.28.8.7 Conditional uses.
Uses permitted in the underlying zoning districts contained within
this subdistrict, subject to the standards and procedures es
in section 2.7.4 and as set forth below:
[ablis o~. NDA ITEM
JUN g 0 2001
Local and Suburban passenger transportation (groups 4131
4173) located upon commercially zoned properties within
the Main Street Subdistrict.
2.2.28.8.8 Outdoor Display and Sale of Merchandise.
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.
AGENDAITEM
No.
JUN 0 2001
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 caf~ areas, shall be exempt from parking calculations.
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.
2.2.28.8.11
1.
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.
2.2.28.8.12
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. ^a~D^ ~,~u
--
JUN 0 ;'001
2.2.28.8.13
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 buffering
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.
AGENDAITEM
No.
JUN 2 0 ZOO1
P0. /4]0_
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
AGENDAITEM
No._
JUN 2 0 2001
O)
LOT ~e
Vq~EK S A
BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT
PREPARED BY: C-~APHICS AND TECHNICAL SUPPORT SECTION
COMIdUNITY DEVI~LOPM£NT AND EN'vlRONUENTAt- SERVICES DIVISION
PLOT-AUTC*FIL L.PAL
DATE: 3-2001 FILE: BAYSHD12-BX11A2. DWG
NO.
JUN 2 2001
LEGEN~
BAYSHORE DRIVE
MIXED USE OVERLAY DISTRICT
BARRETT
IBY: GRAPHICS AND T~CHNICAL SUPPORT SECTION
D ENVIRONMENTAL SER'~CE$ DINS)ON
12-2000 RL£: 8AYSH012-SXllA,OWC PLOT - AUT(~L'iLL.P AL
LUNAR STREET
AGENDA ITl: VI
No. --
JUN 2 0 2001
LEGEND
2.2.33.11
2.2.33.11.1
2.2.33.11.4
Dimensional standards.
Minimum larcI requirements.~
To allow the maximum use of the waterfront, building placement on a lot
can vary from the required setbacks, provided such variation is
recommended b the CRA and the Iounty ~rchitect and approved by
the [lanning lirector.
Maximum height of structures.1
!rst floor of the building~ the sidewalk level shall be no less than 12
~::3~fe "' i ~ in hei ht from the finished floor to the
finis ommercial uses only.
2.2.33.12
The off-site uirements of 2.3.4.11 of the shall
apply[
Vehicular egress points may be located on local streets opposite residential
homes provided they are within the B~y~hor~ ~!xed ~s~ O~rlay Distric}.
10.
Shared requirements shall be consistent with those provided in
/ection ~~ of the lode except that the Ilanning lervices
I'~-anment'lirector can approve or deny ~e~<~
zoning appeals or planning commission~ ~i~
~hared parking spacesIIbe_separated by Bayshore Drive prowde~
~he two properties are located with~ the BMUD.
~~ Is required I division 2.4 ~ unless specified otherwise
below:
2.2.33.14.
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 hei at the time of planting. Landscaping shall be on the residential
side of the wall.
JUN g 0 ZOO1
All buildings shall meet the requirements set forth in divL,
otherwise specified belowI
All buildings adjacent to~B~ayt~re Drive will have the principal pedestrian
entrance fronting Bayshore Drive.
Thirty-five percent of the building fagade that faces Bayshore Drive will
be clear lass.
Attached building awnings may encroach over the setback line by a
maximum of five feet.
Neon colors shall not be used as accent colors[
2.2.33.17.
2.2.33.18.
~. The purpose of this district is to allow maximum use of the
waterfront for entertainment while enhancing the area 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.
do
All uses permitted within the Neighborhood Commercial Subdistrict are
permitted.
Marinas. (lroup 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 shall be located in the water or properly screened from
the roadways ~ ~ ..,~x~a~?~7:
JUN I~ 0 2001
and shall not be visible from the street.
Boats available for rental purposes shall be located in the water or
~p~rly screened from the local roadwa s ~~~ll~l~
All boat racks shall be enclosed.
Height of structures may be increased to a maximum height of fifty (50)
feet by the Ioard of ~oning ~ppeals (BZA) upon approval of a variance
petition. The BZA, in addition to the findings in section 2.7.5, shall
consider literal interpretation of the
provisions of this a financial hardship on the
2.2.33.22.9.
2.2.33.22.13.
Building placement and design. Buildin their elements shall adhere to the
following: (See I figure ~:
Accessory Inits. An accessory unit is a separate structure located at I rear of the
property and related to the primary residence for uses which include, but are not
limited to: ~ibrary. 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
2. The maximum area of an accessory unit is 550 square feet, limited to one
habitable floor.
3. The accessory unit may be above
connected to the primary resi~ an enclosed
to exceed eight feet in width. Illll
JUN 2 0 2001
2.2.33.24.
2.2.33.24.1.
2.2.33.24.2.
· . The purpose and
~ntent of this subdistrict is to allow limited home occupational businesses. Home
[ccupation~ ~in Section 2.6.20, shall apply
unless specified otherwise below. Develol~ment standards for the district are the
same as those set forth for the ~esidential [ubdistrict 2, unless ~ set forth
below.
The home occupations permitted include: []ccountine i2t~
~l:ke< ng ~8~I~, b~ber shov~ and be tutv sal ,I ~~
se~lces ~ ~ ~, insur~ce a~ents ~d brokers
rem estate agents
The home occ )ation shall be clearly incidental to and secondary to the use of the
dwelling for )oses 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 ~
3_ ~ The shall not occupy more than 30 1 of
the primary residential structure.
4~ ii~ ~illl~ll/~~Ot employ~ more than two
~ The II . .
AGENDA ITEM
No.
2 0 2001
6~
7.._.:
A(~ENDA ITEM
JUN 2 0 ~001
Figure []-Typical front elevation~~~///
AGENDA ITEM
No. ~
JUN 2 0 2001
,~ ..... /oq
A~ENDAtTEM
No. -
JUN 2 0 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:
REASON:
Add a standard that reduces the minimum lot area for those
properties zoned "RSF-4" in Goodland from 7,500 SF to 5,000 SF.
· 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.
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.
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)
LDC Division 2.1.15. (Prohibited Uses &
Structures).
AGENDA ITEM
,JUN 2 0 2001
Iil
C)
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.
GOODLAND
PEAR TREE AVENUE
MANGO
PALM A~NUE
VR
HILL
AGENDA ITEM
No. -
JUN 2 0 :;'001
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
2.2.34.4.1
2.2.34.4.2
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.
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.
Minimum lot requirements. As provided for in the Village Residential Zoning
District for each permitted, accessory, and conditional use except for the
following:
ao
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 (RSF-4) for each permitted, accessory, and conditional use except for thc,
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 th~;
following:
a. Side Yard: 5 feet.
2.2.34.5. Parking/storage of major recreational equipment and personal vehicles
2.2.34.5.~. Within the VR and RSF-4 zoning districts, except for specifically designated
Travel Trailer Subdivisions, boats, trailers, recreational vehicles and othe~
recreational equipment may be stored 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.
AGENDA ITEM
NO,
JUN 2 0 2001
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
sub'ect to the rovisions of Section 2.6.7.2 of this Code.
2.2.34.5.2. Personal vehicles ma be arked in a draina e swales in the VR and RSF-4 zoning
districts ma ark their sub'ect to the followin 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. Within the VR and RSF-4 zonin districts fishin e ui ment such as crab tra s
anchors and other similar items ma be dis la ed or stored in an ard sub'ect to
the following conditions.
a. The storage of fishing related equipment is permitted only in association with a
fishing related business.
b. Storage of toxic materials is prohibited.
c. ;I'he storage or display area shall be ~ocated a minimum of 5 feet from any
~roperty line or County right-of-way.
d. Fishin related items ma be used for decorative u oses.
Revised: 7/1/01
AGENDA ITEM
No.
JUN 2 0 2001
,,,.//q
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; 4)
An exhibit inadvertently omitted from this section during an earlier amendment cycle has been
reinserted. The major revisions have been urther changes resulting from public
comment at the BCC public hearing have been ~ in a darker color; however, staff was
not in agreement with all of the changes proposed by the speakers at this hearing.
REASON: 1.) Accretion on narrow waterways not reinforced by seawalls sometimes results in a
tree 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 ,~,~ld
NO.
JUN 2 0 : 001
grounds for appeal of Planning Commission decisions as well as the possibility of subsequent
litigation.
RELATED CODES OR REGULATIONS: LDC Section 2.6.22 (Manatee protection)
C
Sec. 2.6.21. Dock facilities.
high ....
ot any
any accessory
hal!
required .... cpprove
JUN 2 0 2001
AGENDA ITEM
JUN 2 0 2001
set ~ ................. day~ ................................... ~ '~.v.
Th may
AGENDA ITEM
NO. , ,,
JUN 2 0 2001
AGENDA ITEM --
No.__
JUN 2 0 2001
9
~ ~ ~, A = A,] k~*~ ...... * .... * ..... shah ~ ..... ~'~ ..... ,, r ..... :~
(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. ~-8, ~ 3.F, 1-25-~; Ord. No. 00-43, ~ 3.F, 6-14-~; Ord. No. ~-92, ~ 3.D, 12-13-00)
Code references--Coast~ zone protection, ~ 22-286 et seq.; wa~e~ays, ch. 146.
docks do not protrude more than the respective allowable distances_spe,(/
2.6.21.1. Individual or multi le rivate docks includin moorin ilin s davits lifts and the like
are ermitted to serve waterfront ro ert as described in Division 6.3 Definitions r, )vided such
:if ~d in subs(;ctions.
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
accessory use or structure. Boathouses shall be required to be approved through the procedu~t:
and criteria in subsections 2.6.21.3 and 2.6.21.4. In addition, any covered structure erected on
private boat dock shall also be considered an accessory_ use, and shall also be required to be
approved through the procedures and criteria of subsections 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 th~:
time of site development plan review, based on an evaluation of the criteria in subsectior
2.6.21.3. of this code.
2.6.21.2. Dock facility requirements and restrictions. The following criteria apply to docl~
facilities and boathouses, with the exception of boat dock facilities on manmade lakes and othe~
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 subsection 2.6.21.3. of this code 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 intu
the waterway, whichever is lesser. A dock extension in accordance with subsection 2.6.21.3. of
this code may be granted to allow a protrusion of more than 20 feet, but at no time shall such a,,
extension be granted to allow a protrusion into more than 25 percent of the waterway width.
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 subsections 2.6.21.2 or 2.6.21.4 of this cod,:
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 (excepl
boathouses) on lots at the end or side end of a canal or waterway shall have a side setbacl~
requirement of 7 1/2 feet as measured from the side lot line or riparian line, whichever
appropriate.
2.6.21.2.3.1. Riparian lines (see Division 6.3, Definitions, riparian line), for lots at the end o,
side end of a waterway with a regular shoreline, are established by a line extending from
coruer of an end lot and side end lot into the waterway bisecting equidistantly the an~ e crea_~,.i
by the two intersecting lots (see Exhibit A). Riparian lines for all other lots should b, estag~'ist~ec~
JUN 0 2001
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, perpendicular to the line of 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, no less than four inches in height, installed at the outermost end, on both sides. For
mult'ffamil develo ments the house number re uirement is waived.
2.6.21.2.5. All dock facilities are subject to, and shall comply with, all federal and state
r~quirements 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 th~: U.S.
Environmental Protection Agency.
2.6.21.2.6. Protection ofseagrass beds. Where new docking facilities or boat dock extensions are
proposed, 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 arc. not
available from the county. The location of seagrass beds shall be verified by a site visit by the sile
development review director, or his designee, prior to issuance of any project approval or permit.
2.6.21.2.6.1. All 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 seagrass beds~
or a docking facility within ten feet of seagrass beds. 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 area of the dock shall not exceed 160 square feet..
3. The access dock shall not exceed a width of four feet.
4. The access dock and terminal platform shall be sited to impact the smallest area of
seagrass beds possible.
2.6.21.2.6.3. The petitioner shall be required to demonstrate how negative impacts to seagrass
beds and other native shoreline vegetation and hard bottom communities have been minimized
prior to any project approval or permit issuance.
AGENDA ITEM
No .....
JUN 2 0 ; 001
2.6.21.3. Dock facili~_ extension. Additional protrusion of a dock facility into any waterway
beyond the limits established in subsection 2.6.21.2 of this code may be considered appropriate
under certain circumstances. The collier county planning commission, at a duly advertised
public hearing, shall approve, approve with conditions, or deny, a dock facil!~,,,e,,,,x, !ension request
based on the criteria below~ : ............. '
i~~ ~ " . .]_.._~.~_._._a~a~ ~j ......... - . - - . .-- , ..........
..... ~ ; ...................... ..
_.!~__ .... . As to any boat dock extension
petition upon which the planning commission takes action, pursuant to subsection 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 aft-m, affirm with conditions,
reverse, or reverse with conditions the action of the planning comrrfission. Such appeal shall be
filed with the community development and environmental services division and shall be noticed
for hearing by the board of zomn to the procedures and applicable fee set forth
in subsection 1.6.6 of this
ITEM
~ .......... ~ , ~ su~sectmn.~.6~ .....
,~. ............... .; , .... ent ~eomnl~ance'~it
/.0¢ OUN ~o zoo~
2.6.21.4.1. Minimum side setback requirement: 15 feet.
2.6.21.4.2. Maximum protrusion into waterw~
is less; th~:r6~ai~fi
of canal width or 20 feet, whichever
2.6.21.4.4. Maximum number of boathouses or covered Structures per site: 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
structure or be of a >alm frond
A(tEI~DA ITEM
NO.
JUN 0 ZOO1
Add this drawing - EXhibit A
LOT i
60'
80' OR
TYPICAL I~ORE
I,F.SS
60' TIIAN
60'
-. 100' ]V^'I'I,.'.RWAY ~
· .[ 15'
-..' I .r~.
1,5'
%
LOT 3
15'
16'
?
%
l,o'r 4.
LOT 6
I,OT 6
TYPICAL SE'I'I{^CK IU'JC~Ulltl;iI~tICN'I'$ FOR DOCK FACII.ITIES
R.I...-.. {~.i{3ARIAN {..I N I;:
AGENDA ITEM
NO. ·
JUN. 2 0 2001
ORIGIN: Community Development & Environmental Services
AUTHOR: Patrick G. White, Assistant County Attorney
DEPARTMENT: County Attorney's Office
LDC PAGES: 2:232
LDC SECTIONS: Sec. 2.7.2.3.4. Amendment procedures.
CHANGE: Clarifies that the proposed amendments are initiated by the Board of County
Commissioners.
REASON: The code previously implied that proposed amendments were initiated by the Board
of County Commissioners.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
2.7.2.3. No~e.
2.7.2.3.4.
Notice and public hearing where proposed amendment
~,' ~.~, ~ , ~?~ -- . ..... ;,~,
r* would change the zontng map destgnatton 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, conditional, or prohibited uses of land
within a zoning category. In cases mtmte~ne~.t~ar~};~e~
in which the proposed change to the zoning map designation of a parcel or parcels
of land ~nvolves ~!~ contiguous ~es~-~r more of land or changes the
actual list of,~permitted, conditional or prohibited uses of land within a zoning
category g s shall be enacted or amended pursuant to the public
notice and hearing requirements by the planning commission and the board of
county commissioners.
AGENDA ITEM
NO.
JUN 0 2001
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 im rovement of ro ert construction of an t ~
re airs or remodelin of an t e that re uires a buildin ermit has b~ :n
AGENDA ITEM
No. ,.
JUN 2 0 2001
completed all required inspection(s) and certificate(s) of occupancy must be
obtain within §i~W::~6O) dayg after the issuance of after the fact permit(s).
AGENDA ITEM
NO.
JUN 2 0 2001
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.
1. Until the time specified belows_& 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.
Beginning on June 1, 2002, at time of planting, trees in vehicular use areas
shall be a minimum of 14 to 16 feet hei ht with a six to ei ht foot s read
and a three to four inch cali er and shall have a clear trunk area to a hei ht
of six feet...
AGENDA ITEM
NO._ --
JUN 0 ZOO1
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 a ccm x:ter disk
I
JUNSOZO01 ~
/
/ /
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 systc,m,
with a
information layers shall have common naming conventions (i.e. right-of-way- ROW,
~enterlines - CL, edge-of-pavement - EOP, etc.). For a plan to be deemed complete,
~he la erin scheme must be readil understood b Count Staff. These di ital
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
~arcels, 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 boundan 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 w0~k 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
AGENDA ITEM
NO.
JUN 0 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
identi _fy 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.
//?
AGENDAITEM
NO.
JUN 2 0 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, 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 ~,~d,,,.r~rE~ "
NO.__ --
to have record construction drawings converted to CD format.
RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions J[J~i ~ 0 7.001
3.2.9.1.6.
After the final subdivision plat has been approved by the development sc viceq:,g. /
director for compliance with this code as provided in this division, the apl flicant shall
resubmit five certified sets of the previously approved improvement plans along with
approved copies of all required county, state and federal construction permits. :t:he
--1: ..... h~ll ~, ..... ~--:* The applicant's professional engineer shall also submit a_
apt~ .......................
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 drsinage system. The digital data to be submitted shall follow these
with
information layers shall have common naming conventions (i.e. right-of-way - ROW.,
~enterlines - 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, a ......... a:~, ...... :_:__ ~u^ .~ ..... :__ ~.,_ -
...................................... ~ ........... 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 ITEM
NO._
JUN ~ 0 7001
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 Plane coordinate system, with a Florida East Proiection.~
and Datum with United States Survey Feet
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 requirerr ~nts ,a,~Eu°^
enacted to enable the County to serve our customers, the public, better. It will allox~ ermitting
JUN 2 0 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 layer.
3.3.12. LDC AMENDMENT/JH
AGENDAITEM t
No.
JUN 2 0 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 public
capital facility improvement projects, or as otherwise provided herein.
AGENDAITEM
No.
JUN 2 0 2001
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 (PS1)
Formula for establishing a vehicles maximum ground-to-t irc pressure in pounds per square inch
(psi) for vehicle on the beach and beach cleaning permit condtt~ons (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
AGENDA ITEM
No.
JUN 2 0 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 drainage, va-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 ITEM
No.
JUN 2 0 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 2.6.1 1 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 o'n or in the grgund. Fences and
walls, gates or posts are not intended to be structures. (See division 3.4 [sic].)
AGENDA ITEM
NO.
JUN 2 0 7001
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 ~ 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.
AGENDA ITEM
NO.__ --
JUN 2 0 ?.001
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