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CCPC Backup Documents 10/16/2014 R COLLIER COUNTY PLANNING COMMISSION LDC MEETING BACKUP DOCUMENTS OCTOBER 16, 2014 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 5:05 P.M., THURSDAY, OCTOBER 16, 2014, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM,ADMINISTRATION BUILDING,COUNTY GOVERNMENT CENTER,THIRD FLOOR,3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES—September 18,2014 6. BCC REPORT-RECAPS— 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. An ordinance of the Board of County Commissioners of Collier County,Florida, amending ordinance number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two,Findings of Fact; Section Three,Adoption of Amendments to the Land Development Code,more specifically amending the following: Chapter 1 — General Provisions, including Section 1.08.02 Definitions; Chapter Two—Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts; Chapter Four—Site Design and Development Standards, including Section 4.02.07 Standards for Keeping Animals; Chapter Five— Supplemental Standards, including Section 5.04.05 Temporary Events, Section 5.05.05 Automobile Service Stations; Section Four, Repealer; Section Five, Conflict and Severability; Section Six, inclusion in the Collier County Land Development Code;and Section Seven,Effective Date. [Coordinator: Caroline Cilek,AICP,Land Development Code Manager] 1 10. OLD BUSINESS 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 Ann P. Jennejohn From: Cilek, Caroline Sent: Friday, September 26, 2014 11:19 AM To: Minutes and Records Cc: Ashton, Heidi; Rodriguez, Wanda; Neet, Virginia Subject: Legal Ad for CCPC mtg on 10/16/14 to run on 10/3/14 Attachments: Advertising Request for LDCAs for CCPC on 101614 (092514).pdf; Out of Cycle LDCAs CCPC Legal Ad Draft 092514 FINAL.docx; AG_E_ZONING_BW_3by2.pdf Hi Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Please let me know if you have any questions. Thanks! Caroline Cilek, M.S.,AICP,CFM Land Development Code Manager Land Development Code & Floodplain Management Sections Collier County Growth Managment Division 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Phone: 239-252-2485 Flood Information Hotline: 239-252-2942 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Friday, September 26, 2014 11:53 AM To: Minutes and Records Cc: Cilek, Caroline; Ashton, Heidi; Neet, Virginia Subject: RE: Legal Ad for CCPC mtg on 10/16/14 to run on 10/3/14 The ordinance title in the ad is correct, and the requested ad run date fulfills statutory requirements. OK to proceed. -Wanda Rodriguez, .4CP .Advanced Certified Paralegal Office of the County .Attorney (239)252-8400 From: CilekCaroline Sent: Friday, September 26, 2014 11:19 AM To: Minutes and Records Cc: AshtonHeidi; RodriguezWanda; NeetVirginia Subject: Legal Ad for CCPC mtg on 10/16/14 to run on 10/3/14 Hi Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Please let me know if you have any questions. Thanks! Caroline Cilek, M.S.,AICP,CFM Land Development Code Manager Land Development Code & Floodplain Management Sections Collier County Growth Managment Division 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Phone: 239-252-2485 Flood Information Hotline: 239-252-2942 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 September 25, 2014 Naples Daily News 1 100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice and map in your edition on Friday, October 3, 2014. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek. NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday, October 16, 2014, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The meeting will commence at 5:05 P.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, MORE SPECIFICALLY (1) TO AMEND THE PERMITTED USES IN THE AGRICULTURAL AND ESTATE DISTRICTS TO ALLOW HOGS TO BE KEPT FOR SHOW BY CHILDREN ENROLLED IN A 4-H DEVELOPMENT PROGRAM, AND (2) TO AMEND THE ACCESSORY USES IN THE ESTATE DISTRICT TO ALLOW OFF-SITE RETAIL SALE OF FRUITS, VEGETABLES, AND NURSERY PLANTS GROWN ON SITE; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.07 STANDARDS FOR KEEPING ANIMALS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY, TO ALLOW AUTOMOBILE SERVICE STATIONS WITH MORE THAN 8 FUEL PUMPS WITHIN 300 FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL AS PART OF A PLANNED UNIT DEVELOPMENT OR CONDITIONAL USE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [insert map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. 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, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman il z 00 \\ \ \ {§ I 2 \iiii .E. qi .. ∎4 . ��%■ ,, , - g,. .4 IdiE,IlifillM0 '+' IZA Acct #068779 September 26, 2014 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Out-of-Cycle LDC Amendments (Display Ad w/Map) Dear Legals: Please advertise the above referenced Notice (w/Map) Friday, October 3, 2014 and send Duplicate Affidavits of Publication to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500146076 September 26, 2014 Collier County Hearing Planning Commission Advertising Requirements Please publish the following Advertisement (w/Map) on Friday, October 3, 2014, and furnish proof of publication to the attention of the Boards Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida, 34112. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING & ZONING Land Development Review Section PURCHASE ORDER NUMBER: 4500146076 Account Number: 068779 NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday, October 16, 2014, in the Board of County Commissioner's Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The meeting will commence at 5:05 P.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, MORE SPECIFICALLY (1) TO AMEND THE PERMITTED USES IN THE AGRICULTURAL AND ESTATE DISTRICTS TO ALLOW HOGS TO BE KEPT FOR SHOW BY CHILDREN ENROLLED IN A 4-H DEVELOPMENT PROGRAM, AND (2) TO AMEND THE ACCESSORY USES IN THE ESTATE DISTRICT TO ALLOW OFF-SITE RETAIL SALE OF FRUITS, VEGETABLES, AND NURSERY PLANTS GROWN ON SITE; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.07 STANDARDS FOR KEEPING ANIMALS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY, TO ALLOW AUTOMOBILE SERVICE STATIONS WITH MORE THAN 8 FUEL PUMPS WITHIN 300 FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL AS PART OF A PLANNED UNIT DEVELOPMENT OR CONDITIONAL USE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [insert map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. 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, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain, Chairman Cou my...Map Snr„rent'Agoculrurat ann ,.A Eswws Zcnury(n'Hncts ` -Agncultural ZOnirp .... i a Gswbo ZOnYry •a ':: Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, September 26, 2014 12:35 PM To: Naples Daily News Legals Subject: LDC Amendments Notice (w/MAP) Attachments: Out of Cycle LDC Amendments.doc; Out of Cycle LDC Amendments.doc; Out of Cycle LDC Amendments.pdf Please advertise the attached (w/Map) on Friday, October 3, 2014. Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, October 01, 2014 1:56 PM To: Ann P.Jennejohn Subject: #231123852 - BCC Zoning Dept. Out-of-Cycle Proof.100314 Attachments: NDN231123852.BCC Zoning Dept.OutofCycle.Proof.100314.pdf Hello Again! Please provide approval ASAP for publication on 10.03.14. Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you?Call us at (239) 213-6000 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday,October 16,2014, in the Board of County Commissioner's Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The meeting will commence at 5:05 P.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:SECTION ONE,RECITALS;SECTION TWO,FINDINGS OF FACT;SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO—ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, MORE SPECIFICALLY (1)TO AMEND THE PERMITTED USES IN THE AGRICULTURAL AND ESTATE DISTRICTS TO ALLOW HOGS TO BE KEPT FOR SHOW BY CHILDREN ENROLLED IN A 4-H DEVELOPMENT PROGRAM, AND (2) TO AMEND THE ACCESSORY USES IN THE ESTATE DISTRICT TO ALLOW OFF-SITE RETAIL SALE OF FRUITS, VEGETABLES, AND NURSERY PLANTS GROWN ON SITE; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.07 STANDARDS FOR KEEPING ANIMALS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY, TO ALLOW AUTOMOBILE SERVICE STATIONS WITH MORE THAN 8 FUEL PUMPS WITHIN 300 FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL AS PART OF A PLANNED UNIT DEVELOPMENT OR CONDITIONAL USE;SECTION FOUR,CONFLICT AND SEVERABILITY; SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX, EFFECTIVE DATE. Countywide Map Showing Agricultural and w+„ Estates Zoning Districts Lt -Agricultural Zoning UMW -kV; ®Estates Zoning li i;,ig !a' BMW, lAi All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division,2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M.and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of the proceedings, and for such purpose he 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. 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, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Collier County, Florida Mark Strain,Chairman No.231123852 October 3.2014 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Wednesday, October 01, 2014 2:16 PM To: Ann P.Jennejohn; Cilek, Caroline Cc: Ashton, Heidi Subject: RE: LDC Out-of-Cycle Adoption display ad running this Friday Looks good, OK to proceed. Wanda Rodriguez, ACT .advanced Certified TaraCegaC Office of the County .Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn©collierclerk.com] Sent: Wednesday, October 01, 2014 2:12 PM To: CilekCaroline; RodriguezWanda Subject: LDC Out-of-Cycle Adoption display ad running this Friday Hi there, The display proof for the LDC Ad running this Friday, October 3rd for the Planning Commission's October 16th Meeting is attached for your review. If you could send your approval or let me know of any changes that need to be made today, that would be appreciated because I won't be in the office tomorrow O Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Polidora, Carol [mailto:coolidora@Thaplesnews.com] Sent: Wednesday, October 01, 2014 1:56 PM To: Ann P. Jennejohn Subject: #231123852 - BCC Zoning Dept. Out-of-Cycle Proof.100314 Hello Again! Please provide approval ASAP for publication on 10.03.14. 1 NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday,October 16,2014,in the Board of County Commissioner's NAPLES DAILY NEWS Meeting Room,3rd Floor, Building"F,"Collier County Government Center, 3299 Tamiami Trail East, Published Daily Naples, Florida 34112,the Collier County Planning Commission will consider amendments to the Naples,FL 34110 Collier County Land Development Code. The meeting will commence at 5:05 P.M. The title of the proposed ordinance is as follows: Affidavit of Publican AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND State of Florida REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE,RECITALS;SECTION TWO,FINDINGS OF FACT;SECTION THREE, OF AMENDMENTS TO Counties of Collier and Lee SPECIFICALLY OT MENDING THE FOLLOWING:H CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO-ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, MORE SPECIFICALLY Before the undersigned they serve as t (1)TO AMEND THE PERMITTED USES IN THE AGRICULTURAL AND ESTATE DISTRICTS TO ALLOW HOGS TO BE KEPT FOR SHOW BY CHILDREN ENROLLED IN A 4-H DEVELOPMENT appeared Daniel McDermott, who on I PROGRAM, AND (2) TO AMEND THE ACCESSORY USES IN THE ESTATE DISTRICT TO Inside Sales Manager of the Naples Da GROWN ON SITE; CHAPTER FOUR-SITE DESIGN AND DEVELOPMENT STANDARDS, published at Naples, in Col INCLUDING SECTION 4.02.07 STANDARDS FOR KEEPING ANIMALS; CHAPTER FIVE - newspaper p p SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.05 TEMPORARY EVENTS, distributed in Collier and Lee counties SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY, TO ALLOW AUTOMOBILE SERVICE STATIONS WITH MORE THAN 8 FUEL PUMPS WITHIN 300 attached copy of the advertising, being FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL AS PART OF A PLANNED UNIT DEVELOPMENT OR CONDITIONAL USE;SECTION FOUR,CONFLICT AND SEVERABILITY; SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND PUBLIC NOTICE SECTION SIX,EFFECTIVE DATE. Countywide Map Showing Agricultural and in the matter of PUBLIC NOTICE w. , :'it Estates Zoning Districts ,` —Agricultural Zoning was published in said newspaper 1 tim 1t;�............._ .+.,� _........®Estates Zoning on October 3, 2014. ",� ., ����s ii {{;0.1' ►1 1-75 Affiant further says that the said Na! ;'4• �"~�, published at Naples, in said Collier CO ►���'! newspaper has heretofore been contin . . j , County, Florida; distributed in Collier b.g.q, each day and has been entered as seco �` " office in Naples, in said Collier Count All interested parties are inviied to appear and be heard. Copies of the proposed amendments year next preceding the first publicati are available for public inspection in the Zoning and Land Development Review Section, Growth advertisement; and affiant further say Management Division,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. promised any person, firm or corporat Furthermore, materials will be made available for inspection at the Collier County Clerk's Office. Fourth commission or refund for the purpose Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing. publication in the said newspaper. p If a person decides to a I ppeal ppeal any decision made by the Collier County Planning Commission with / ' respect to any matter considered at such meeting or hearing,he will need a record of the proceedings, -1 '<� and for such purpose he 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. (Signature of affiant) 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,at 3335 Tamiami Trail East,Suite 101,Naples, f FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for SWO to and sub bed before me the hearing impaired are available in the Board of County Commissioner's Office. Thit'' day of Oc er, 014 Collier County Planning Commission - Af� Collier County,Florida U ,..� Mark Strain,Chairman (Signature of notary public) No.231123852 _ October 3.2014 _.. �� ORq way i�c MY COMM:NhoLav;N:sb4tileDrarEn2E88 S 51758 i :�`-p;t EXPIRES. 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Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendment LDC SECTION(S): 1.08.02 Definitions 5.05.05 Automobile Service Stations CHANGE: The proposed amendment to LDC section 5.05.05 Automobile Service Stations establishes that automobile service sta 'ens shall be limited to 1 Q 1 fuel pumps when located within 300 feet of residential prope rdo wever, a greater number o fuel pumps may be sought through the conditional use process or as part of a Planned Unit Development. In addition to the Findings established in LDC section 10.08.00, the proposed amendment establishes several considerations to be examined when evaluating compatibility and adverse impacts of the conditional use request. To address changes and functions of automobile service stations, the proposed language also amends LDC section 1.08.02 Definitions. The existing term "Automobile Service Station" is modified to align with common applications of the use and the term "fuel pump" is introduced because it is included within the proposed provisions in LDC section 5.05.05. REASON: The Board of County Commissioners voted on Tuesday, July 8, 2014 to direct staff to develop and bring forward a LDC amendment pertaining to the regulation of automobile service stations, including gas stations, adjacent to residential property that have ' ore than eight fuel pumps or provide for fueling of more than eight cars at any point in ti ©At the July 8th meeting the Board discussed the compatibility of large gas stations locate, near residential neighborhoods. One of the Board's motions regarding the Item was to "direct staff to expeditiously amend the Land Development Code to ... properly consider ... automobile service stations..." Please see Attachment 1, pages 66 -73 of the Board's meeting minutes and Add On Item 10B, Attachment 2. The proposed amendment is designed to address the intensity, compatibility, and impact of large gas stations near residential property by regulating the location, process, and number of fuel pumps. As relayed in the Executive Summary to the Board on July 8th, this is relevant because over time the conventional automobile service station has transformed both in intensity and in use. Traditionally, automobile service stations were comprised of a small service department with limited fueling stations, generally providing for four to eight cars to obtain gas at any one time. Today, common applications for service stations consist of a large convenience store an{q far greater number of fueling stations. Recent applications for automobile service stations in Collier County have identified approximately 16—20 fuel pumps. The impact of this change in intensity and use of the traditional service station can be magnified when located near residential property. 1 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Summary of Comments on ORIGIN: Page: 1 Number:1 Author: Subject:Sticky Note Date:10/16/2014 1:05:08 PM Perpetuation of small and frequent new sites.Eight pumps should be expanded. Number:2 Author: Subject:Sticky Note Date:10/16/2014 1:05:08 PM Should be to structure,not property line Number:3 Author: Subject:Sticky Note Date:10/16/2014 1:05:08 PM Very restrictive on zoned property. Number:4 Author: Subject:Sticky Note Date:10/16/2014 1:03:12 PM Which allows for more products,lower pricing,higher quality finishes,maintenance,and continued improvements. Text underlined is new text to be added. Bold text indicates a defined term Automobile service stations, including gas stat'• s_ of all sizes are recognized as having the potential to impact vehicular and pedestrian cir ffft on, truck traffplise pollution, and often have intn4 li:hti©. schemes and ext ql operating hours. These site characteristics can impact t!J eal ety, and quality of e l of nearby residents and other land uses. For these reasons, many communities require site design standards, such as landscaping, buffering, and architectural standards, to address these effects. LDC section 5.05.05 Automobile Service Stations requires site design standards, but it does not currently address the number of fuel pumps at a site or require additional design standards when a greater number of fuel pumps are proposed. In addition, some communities have adopted additional distance and location standards. For example, Lee County, Florida requires that all gas stations over eight pumps go through a special x161 ption process, a public process similar to a conditional use, in all zoning districts. St. �% gustine, Florida instituted a new standard in early 2014 that limits gas stations to eight fuel pumps on entry corridors to the city to maintain historical development patterns. The Town of Davie, Florida requires that there be a minimum distance of 250 feet between fuel pump islands and/or service station purposes and that churches, playgrounds, playfields, hospitals, elementary and middle schools, and land zoned or designated residential, regardless of the number of fuel pumps. Please see Attachment 3 which contains a list of communities which have established higher standards for large gas stations. Several studies identify the unique nature of gas stations. In 2011, the U.S. Environmental Protection Agency published "School Siting Guidelines" that recommended that schools mitigate, evaluate, and locate new schools 1,000 feet from large gas stations based on air pollution and vapor intrusion into structures, among other potential hazards. Please see Attachment 4,page 59. In 2005,the California Environmental Protection Agency and California Air Resources Board prepared the Air Quality and Land Use Handbo Community Health Perspective study that recommended locating "sensitive land uses" 3Ou feet from a large gas station based on benzene emissions, a well known carcinogen and an air pollutant. Please see Attachment 5, an excerpt from the referenced Land Use Handbook for additional information. The amendment proposes that automobile service stations within 300 feet of residential property and exceeding eight fuel pumps obtain a conditional use. The proposed 300 foot requirement is based on establishing compatibility of the neighboring residential use, studies providing recommendations based on air quality concerns, and similar standards adopted by other jurisdictions. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal and operational impacts to Collier Coun !�8 RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are not anticipated impacts to the GMP. 2 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Page: 2 Number:1 Author: Subject:Sticky Note Date:10/16/2014 1:03:24 PM The code requirements are substantially more intensive on large stations and allowing for greater de-cell lanes,more substantial turning lanes, greater calculation turning radius and overall a safer experience for all using the facility and those working or traveling near the facility. Small stations require little to no substantial improvements and can be extremely dangerous with regards to vehicular circulation. Number.2 Author: Subject:Sticky Note Date:10/16/2014 1:03:43 PM The more stations the worse you have with regard to deliveries and all of the above. Number:3 Author: Subject:Sticky Note Date:10/16/2014 1:03:43 PM Provision to public • Number:4 Author. Subject:Sticky Note Date:10/16/2014 1:03:43 PM LED allows for safer and more directed lighting,which reduces light pollution. • Number:5 Author: Subject:Sticky Note Date:10/16/2014 1:04:34 PM Quantity? • Number:6 Author: Subject:Sticky Note Date:10/16/2014 1:04:34 PM Staff not public. Number:7 Author: Subject:Sticky Note Date:10/16/2014 1:04:34 PM This study is contested and does not prove danger,nor have a sample size that is scientifically significant. ,Number.8 Author Subject:Sticky Note Date:10/16/2014 1:04:34 PM This is ridiculous.Our property looses property taxes and a possible use impacting competition and reducing demand.Basic economics states lower demand with same supply drops value. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term DSAC-LDR SUBCOMMITTEE RECOMMENDATION( .tbcommittee recommends that the proposal as drafted not be adopted, but that the comments and issues that have been raised are worthy of consideration and if the amendment were to be drafted not to include zoning districts C-4, C-5, and Industrial, then the amendment would be more worthy of consideration. Comments and issues raised during subcommittee review: 1. To address site design provisions within LDC section 5.05.05 be included in this amendment cycle, and if not, direct staff to include them in the next amendment cycle, including the following: a. lighting, address lighting comprehensively as it relates to commercial use adjacent to residential b. landscaping c. branding and banding/color schemes for canopies/canopy, d. increase the signage percentage 10%of the size of the canopy façade e. bathrooms to be located inside the automobile service station building. 2. Recommend that staff work with Sheriff's office to look at CPTED in the LDC. DSAC RECOMMENDATIO c5D©i SAC reviewed the proposed amendment on Wednesday, October 1st and adopted the DS• -LDR subcommittee's recommendations. In addition, DSAC identifies the following as the basis for objection. If the proposed amendment is considered for adoption, the following shall be discussed: 1. Concern that property rights will be taken as a conditional use is not by right. 2. Automobile Service Station — issue with definition and that it would apply to non-retail establishments. 3. Measure the 300 distance from the pump to the face or the edge of the residential building. 4. Evaluate the eight fuel pumps vs. the output of the gas stations. 5. Consider that the fewer fueling positions may result in a greater number of small stations 6. The conditional use process discourages business and can be arbitrary and occasionally capricious. 7. Consider whether the amendment benefits a few to the detriment to the public at large. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, AICP, LDC Manager: 8/26/14, 9/5/14, 9/19/14, 10/1/14 Amend the LDC as follows: 1 2 1.08.02 Definitions 3 4 Automobile service station: means any establishment that sells, distributes, or pumps fuels for 5 motor vehicles whether or not such facility provides automotive repair services. See fuel pump 6 definition. • -_ ...- - -- - - - • •- - . - - -- - --•- - . 7 Where the sale of gasoline is provided only as a "secondary function," such as a retail 10 • - -- -- -• -- - -- - - _•. 11 3 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Page: 3 Number:1 Author: Subject:Sticky Note Date:10/16/2014 1:04:34 PM Agree with all DSAC-LDR Subcommittee recommendations. Number:2 Author: Subject:Sticky Note Date:10/16/2014 1:04:34 PM Agree with all DSAC recommendations. Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 Fuel pump means a vehicle fuel dispensing device, other than a portable fuel container or fuel 2 dispensing vehicle, which can be self-service or full-service. A single fuel pump is a fuel pump 3 that can serve only one vehicle at-a-time. Vehicle fuel dispensing devices that can service more 4 than one vehicle at-a-time consist of multiple fuel pumps. The number of pumps is determined 5 by the maximum number of vehicles that can be serviced at the same time. For example, a fuel 6 dispensing device that can fuel two vehicles at once is considered two fuel pumps, and a fuel 7 dispensing device that can fuel three vehicles at once is considered three fuel pumps, and so 8 on. 9 # # # # # # # # # # # # # 10 5.05.05 Automobile Service Stations 11 A. The purpose of this section is to ensure that automobile service stations do not 12 adversely impact adjacent land uses, especially residential land uses. The high levels of 13 traffic, glare, and intensity of use associated with service stations, particularly those 14 open 24 hours, may be incompatible with surrounding uses, especially residential uses. 15 Therefore, in the interest of protecting the health, safety, and general welfare of the 16 public, the following regulations shall apply to the location, layout, drainage, operation, 17 landscaping, parking, and permitted sales and service activities of automobile service 18 stations. 19 * * * * * * * * * * * * * 20 C. Location and number of fuel pumps. 21 1. Automobile service stations shall be limited to 8 fuel pumps when located 22 within 300 feet of residential property. For the purposes of subsection 5.05.05 , 23 residential property shall be any lot which is veloped or intended for resie lal 24 use. The measurement shall be the short(c) stance between the nearest ru 25 pump to the residential property. A greater number of fuel pumps may be 26 approved as part of a PUD or conditional use subject to 5.05.05 C.2. Existing 27 fuel pumps as of(effective date) may be modernized, replaced, or relocated on 28 the same premise, but additional fuel pumps shall be subject to 5.05.05 C.2. 29 2. Automobile service station conditional use request. Automobile service 30 stations seeking more than 8 fuel pumps within 300 feet of residential property 31 may be approved through a conditional use request. In addition to the findings 32 established in LDC section 10.08.00, the following shall be considered when 33 evaluating compatibility and adverse impacts of the request. 34 a. Number of fuel pumps. 35 b. Proximity and mitigation of impact to residential property. 36 c. Hours of operation. 37 d. Architectural design, lighting, landscape buffers, and other site features 38 as described in LDC section 5.05.05 B.2.a.i. 39 e. Location of fuel pumps, parking, loading, and refueling areas. 40 f. Existing buildings or features, as described in LDC section 5.05.05 41 B.2.a.i., that are located between residential property and the proposed 42 automobile service station. 43 q. Additional uses and accessory uses of the automobile service station. 44 GD. Building architecture and signage requirements. 45 1. Building architecture shall meet the requirements of section 5.05.08 46 2. Signage for automobile service stations. The following are the only signs allowed 47 in automobile service stations and convenience stores with gas pumps. 48 a. Window, Wall, and other signs: As allowed in Section 5.06.00 of this 49 Code. 4 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Page: 4 Number:1 Author: Subject:Sticky Note Date:10/16/2014 1:04:34 PM Capitalized as defined term.Single family or? Number:2 Author: Subject:Sticky Note Date:10/16/2014 1:04:34 PM Argh Text underlined is new text to be added. Bold text indicates a defined term 1 b. All canopies may have an illuminated corporate logo with a maximum 2 area of 12 square feet shall be allowed on a canopy face which is 3 adjacent to a dedicated street or highway. Otherwise, accent lighting, 4 back lighting and accent striping are prohibited on canopy structures. 5 c. One ground sign shall be permitted for each site and shall be placed 6 within a 200 square foot landscaped area. Height is limited so that the top 7 edge of the sign face is less than eight feet above grade. Maximum 8 permitted area 60 square feet. 9 d. Signage is prohibited above gas pumps. 10 DE. The following landscape requirements are in addition to the requirements of section 11 4.06.00 Landscaping and Buffering. 12 1. Right-of-way buffer landscaping: 13 a. Landscaping adjacent to rights-of-way external to the development 14 project shall be located within a landscape buffer easement which is a 15 minimum of twenty-five (25) feet in width. Water management swales 16 shall not be located within these buffer areas; however, water 17 management facilities such as underground piping shall be permitted. 18 b. An undulating berm with a maximum slope of 3:1 shall be constructed 19 along the entire length of the landscape buffer. The berm shall be 20 constructed and maintained at a minimum average height of three (3) 21 feet. The berm shall be planted with ground cover(other than grass), 22 shrubs, hedges, trees, and palms. 23 c. The required trees and palms shall be clustered in double rows with a 24 minimum of three (3) trees per cluster. Canopy trees shall be planted a 25 maximum of twenty (20) feet on center within a cluster. The use of palms 26 within the right-of-waybuffer shall be limited to landscaped areas 27 adjacent to vehicular access points. Palms shall be planted in staggered 28 heights, a minimum of three (3) palms per cluster, spaced at a maximum 29 of eight(8) feet on center, with a minimum of a four (4) foot difference in 30 height between each tree. Exceptions will be made for Roystonea spp. 31 and Phoenix spp. (not including roebelenii) which may be planted one (1) 32 palm per cluster. A maximum distance of twenty-five (25) feet between all 33 types of tree clusters shall be maintained (See Illustration 1 below). 34 d. All of the trees shall be a minimum of fourteen (14) feet in height at the 35 time of installation. Trees shall have a minimum of a three and one-half 36 (31/2) inch caliper at twelve (12) inches above the ground and a six (6) foot 37 spread. At installation, shrubs shall be a minimum of ten (10) gallon, five 38 (5) feet in height, with a three (3) foot spread, planted four(4) feet on 39 center. 40 2. Landscaping aJPent to all other property lines: 41 a. Side property boundaries (other than those adjacent to rights-of-way) 42 shall be planted with single row hedges consistent with the minimum 43 requirements of section 4.06.00, Landscaping and Buffering. 44 b. Rear property boundaries (other than those adjacent to road rights-of- 45 way) shall be planted with a single row hedge. The hedge shall be a 46 minimum height of four (4) feet at planting, planted at three (3) feet on 47 center, and shall be maintained at a height of five (5) feet. 48 c. Curbing shall be installed and constructed, consistent with minimum code 49 requirements, between all paved areas and landscape areas. 5 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Page: 5 Number:1 Author: Subject:Sticky Note Date:10/16/2014 1:04:34 PM These sit on commercial corridors.Why buffer roads? Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term RlU$TR TOM 1 EI lc* ' ' -. Auro.I0$6E_$EPMCE.$TRTgR UAIq$Cfl0[.REOUIREWNT$ 2 Illustration 1. Auto Service Station R.O.W. Landscape Requirements 3 €F. Automobile service station sites shall be separated from adjacent residentially zoned 4 or residentially developed properties by an architecturally designed 6 foot high masonry 5 wall or fence utilizing materials similar in color, module, and texture to those utilized for 6 the building. Landscaping shall be planted on the residential side of the fence or wall. 7G. Lighting. 8 1. All lighting facilities shall be directed away from adjoining properties. 9 2. On-site luminaries shall be of low level, indirect diffuse type, and shall not exceed 10 a height of greater than twenty (20) feet above finished grade. 11 3. Lighting located underneath a canopy shall be of low level, indirect diffuse type 12 designed to provide light only to the pump island areas located underneath said 13 canopy. 14 GH. All restrooms shall be located inside or to the side or rear of the building. 15 #I. As required by section 5.03.04, a six(6) foot high enclosed trash area to be integrated 16 with the design of the service station shall be provided. 17 1J. Storage tanks shall be located below grade. 18 JK. There shall be no outside displays of products, stacking of tires, or other merchandise. 19 KL. No automobile service station shall have an entrance or exit for vehicles within 200 20 feet along the same side of a street as a school, public playground, child care center, 21 church, hospital, public library, or any institution for dependents or for children, except 22 where such property is in another block. 23 Color accent banding on gasoline canopy structures and all other structures is 24 prohibited. Canopies shall be of one (1) color, consistent with the predominant color of 25 the principal structure, if applicable. The color of all structures on-site shall be of soft 26 earth tones or pastels. 27 -MN. Each automobile service station shall provide the necessary infrastructure and pre- 28 wiring in order to provide the capabilities for generator service in case of emergencies. 29 NO. In addition to the retail dispensing of automobile fuels and oil, only the following services 30 may be rendered and sales made, except as indicated: 31 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 32 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not 33 recapping of tires. 6 l:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Page: 6 Number:1 Author: Subject:Sticky Note Date:10/16/2014 1:04:51 PM Doesn't this make more sense?(Top and right buffer area) Number:2 Author: Subject:Sticky Note Date:10/16/2014 1:04:51 PM Why?(top left buffer) Number:3 Author: Subject:Sticky Note Date:10/16/2014 1:04:51 PM Why?(Bottom left buffer) Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, 2 floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, 3 mirrors, exhaust systems, and the like. 4 4. Provision of water, antifreeze, flushing of the cooling system, air conditioning 5 recharge, and the like. 6 5. Providing and repairing fuel pumps and lines. 7 6. Minor motor adjustments not involving removal of the head or crankcase. 8 7. Greasing and lubrication. 9 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service 10 station customers, but strictly and only as accessory and incidental to the 11 principal business operation. 12 9. Provision of road maps and other information. 13 10. No mechanical work shall be allowed outside of the enclosed areas. 14 11. Oil drainage pits or appliances for such purpose or repair purposes shall be 15 located within a wholly enclosed building. 16 12. Uses permissible at an automobile service station do not include major 17 mechanical and body work, straightening of frames or body parts, steam 18 cleaning, painting, welding, storage of automobiles (except as expressly 19 permitted in subsection 13. below), commercial garage as an accessory use, or 20 other work involving undue noise, glare, fumes, smoke, or other characteristics to 21 an extent greater than normally found in such stations. An automobile service 22 station is not a facility for the sale of automobile vehicles, a repair garage, a 23 body shop, or a truck stop. 24 13. The temporary storage of vehicles shall be permitted if the vehicles are to be 25 serviced at the service station or if the vehicles have been towed by the service 26 station and are being held for servicing, for an insurance company, or for 27 salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be 28 stored within an area surrounded by an opaque fence not less than six (6) feet 29 high. Said vehicles shall not be stored longer than sixty (60) days. 30 14. Washing and polishing of automobiles and sale of automobile washing and 31 polishing materials, but this only allows auto detailing as an accessory use. This 32 provision does not allow carwashes except in those zoning districts where a 33 carwash is a permitted use, and where such carwashes shall be subject to 34 criteria specified in the zoning district. 35 P. Exceptions: 36 1. The site design standards set forth in 5.05.05 B.1. (table) shall not apply to, nor 37 render non-conforming, any existing automobile service station or any 38 automobile service station within a PUD in which a specific architectural 39 rendering and site plan was approved as part of a rezoning action prior to July 5, 40 1998. 41 2. The site design standards set forth in 5.05.05 F.—M. or any other applicable 42 development standard shall apply to existing automobile service stations 43 pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable 44 sections of the Land Development Code. 45 (Ord. No. 09-43, §3.A; Ord. No. 10-23, §3.JJ; Ord. No. 13-56, § 3.S) 46 # # # # # # # # # # # # 7 I:\2014 LDC Amendment Cycle 2\Amendments\5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Public Comment-Attachment 3 Ron Mosher Public Comments on the proposed amendment to LDC section 5.05.05 Automobile Service Stations The following are concerns that need to be reviewed and considered: 10 DE. The following landscape requirements are in addition to the requirements of section 11 4.06.00 Landscaping and Buffering. 12 1. Right-of-way buffer landscaping: 13 a. Landscaping adjacent to rights-of-way external to the development 14 project shall be located within a landscape buffer easement which is a 15 minimum of twenty-five(25)feet in width.Water management swales 16 shall not be located within these buffer areas; however,water 17 management facilities such as underground piping shall be permitted. 18 b. An undulating berm with a maximum slope of 3:1 shall be constructed 19 along the entire length of the landscape buffer.The berm shall be 20 constructed and maintained at a minimum average height of three(3) 21 feet. The berm shall be planted with ground cover(other than grass), 22 shrubs, hedges, trees, and palms. Landscaping does improve the location but if not done properly can hinder and possibly reduce public safety and security at these locations. • The landscaping on the property should not hinder sightlines and visibility ("Natural Surveillance") of the gas station by passing motorists, nor from the persons in the gas station looking out to the surrounding area, sidewalks etc. • Trees and shrubs should not be allowed to obstruct natural line of sight of drivers passing by the location, trying to enter or exit the location or pedestrians walking on the sidewalks. There should be provisions that check to make sure that regular maintenance is conducted on the landscaping to insure that it is not being allowed to become too high or overgrown that it obstructs natural lines of sight and visibility ("Natural Surveillance.") • Trees and shrubs should not interfere with the distribution of lighting The following section was obtained from the Florida Intersection Design Guide of 2007 and hopefully would influence the design of the driveways into and out of service stations. Florida Intersection Design Guide 2007 3.14.4 Landscaping Considerations Landscaping can have a significant impact on sight distance. The Design Standards, Index 546 indicate that the corridor defined by the limits of clear sight is a restricted planting area. Drivers of vehicles on the intersecting roadway and vehicles on the major roadway must be able to see each other clearly throughout the limits of 'd'. If, in the Engineer's judgment landscaping interferes with the line of sight corridor prescribed by these standards the Engineer may rearrange, relocate or eliminate plantings. 6.2 Landscaping "Landscape" or "Landscaping" means any vegetation, mulches, irrigation systems and any site amenities; such as, street furniture, decorative paving, fences and lighting (excluding public utility street and area lighting). Plans for landscape projects must be prepared by a landscape architect licensed by the State of Florida. The central objective of highway beautification is to create safe, low maintenance, attractive landscaping within the rights of way of the State's transportation corridors. It is important that plants not be allowed to infringe on the motorist's ability to see other vehicles and objects that could present a hazard or complicate the driving task. The geometric criteria that affect driver visibility are covered in Chapter 3. The concepts of horizontal clearance and clear zone are covered in Section 3.10.2, and Section 3.14 covers sight distance requirements. Additional requirements are provided in PPM Volume I, Chapter 2 and FDOT Design Standards, Index 546 Sight Distance at Intersections. All landscaping must comply with these requirements. 3.15.2 Driveway Design Driveway design shall be done in accordance with Design Standards, Index 515 and 516. Index 515 identifies the elements of a driveway and prescribes widths, angles, radii etc. for various traffic volume levels. It also provides profiles and construction details for driveways. Index 516 prescribes requirements for driveways in resurfacing projects. Be aware that due to high traffic volumes or large vehicles expected on a driveway connection, it may be desirable to design the driveway more like a full intersection. In this case, the criteria in Design Standards, Index 515 and 516 may not apply. Another possible safety security issue to be consider in the code. #l. As required by section b.U3.U4, a six(b)toot high enclosed trash area to be integrated with the design of the service station shall be provided. 1 t _, 1 P The enclosed trash area should have about 12 inch gap from the ground to provide the ability to see if anyone is in the enclosed trash area. This provides some safety to the person entering the area. Any questions or concerns feel free to contact me via the below listed information. Ron Mosher D/S #3182 F.C.P.P. / FL. C.T.E.D. Collier County Sheriff's Office Crime Prevention 239-252-0709 office 239-253-4278 mobile