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CCPC Agenda 05/19/2014 S COLLIER COUNTY PLANNING COMMISSION SPECIAL MEETING AGENDA May 19, 2014 t"-1 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 5:05 P.M.,MONDAY,MAY, 19TH 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. ADVERTISED PUBLIC HEARINGS -Review of 2014 Land Development Code Amendment Cycle 1 —Level 1 Pursuant to LDC section 10.03.06 K-Amendments which require a hearing after 5:00 PM: 1) GTMUD_MXD - Zoning Map Number 0502S—Bayshore Gateway CRA 2) 2.03.03 Commercial Zoning Districts, etc.—Removal of obsolete C-1/T zoning district i) 4.06.02 Buffer Requirements ii) 5.03.05 Caretaker Residences 3) 2.03.03 A. Commercial Zoning Districts—Adding Conditional Uses to C-1 through C-5 4) 2.03.03 B. Commercial Zoning Districts—Utilizing existing buildings 5) 2.03.03 C. Commercial Zoning Districts —Adding Uses i) 2.03.04 Industrial Zoning District 1 Regular LDC Amendments: 1) 1.08.02 Definitions"Guesthouses" i) 4.01.02 Kitchens in Dwellings Units ii) 5.03.03 Guesthouses 2) 1.08.02 Definitions"Lot, corner" i) 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts ii) 4.02.03 Specific Standards for Location of Accessory Buildings And Structures iii) 5.03.02 Fences and Walls, Excluding Sound Walls iv) 9.03.03 Types of Nonconformities 3) 2. 03.07 Overlay Districts 4) 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation i) 3.05.05 Criteria for Removal of Protected Vegetation 5) 3.05.07 C. Preservation Requirements 6) 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area 7) 5.04.05 Temporary Events—Open Air Markets 8) 5.04.05 Temporary Events—Fireworks 9) 5.06.00 Sign Regulations and Standards by Land Use Classification i) 5.06.02 Development Standards for Signs within Residential Districts ii) 5.06.04 Development Standards for Signs in Nonresidential Districts iii) 5.06.05 Exemptions from These Regulations iv) 5.06.06 Prohibited Signs v) 5.06.09 Nonconforming Signs 10)6.06.02 Sidewalks,Bike Lane and Pathway Requirements tTh 11)10.02.13 D. PUD Procedures 12)10.02.13 E. PUD Procedures 13) 10.03.05 and 10.03.06 Notice Requirements Scrivener's Error Amendments: 1) 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 2) 4.06.02 Buffer Requirements 3) 5.03.02 Fences and Walls,Excluding Sound Walls 4) 5.04.04 Model Homes and Model Sales Centers 5) 10.02.08 I.Requirements for Amendments to the Official Zoning Atlas 6. NEW BUSINESS 7. ADJOURN 2 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 1.08.02 Definitions 4.01.02 Kitchens in Dwelling Units 5.03.03 Guesthouses CHANGE: To codify a portion of a 2004 Staff Clarification that establishes guidelines for County staff to determine if a structure or building addition meets the LDC definition of a guesthouse in order to perform a building plan review for zoning and impact fee purposes. The information most valuable to a reviewer in the Staff Clarification is the criteria to determine a kitchen. The Staff Clarification describes a kitchen as having: • An area designated on the plans submitted with the building permit application as a kitchen or a food preparation area; or if there is no separately designated kitchen or food preparation area,there is: • An apparent food preparation area (regardless of designated)having: o A range, or o A sink and countertop which is not identified for a use other than food preparation, and which area is not within a bathroom or washroom, or • An unexplained 220-volt electrical outlet in the structure that could be use for a major kitchen appliance such as a range. It is proposed that these standards are included in LDC sections 4.01.02 Kitchens in Dwelling and that the term"Guesthouses" is included in the title of section 4.01.02. The proposed language removes several clauses contained within the Staff Clarification, for example the proposed amendment does not retain the provision regarding countertop in a bathroom or washroom as this would be repetitious of the requirement for the plans to identify all rooms. Additionally, the language regarding a separate electrical meter is also not included as it is not common practice to include a separate electrical meter on guest homes which are designed generally for temporary use by family members. The proposed amendment retains the six foot threshold for countertop space, not used for a bathroom or washroom as this is how building plans have been reviewed since 2004. This standard is identified in Building Blocks A-127 (a form of policy interpretation) regarding guest houses vs. guest suite or guest quarters. Building Block A-127 also enumerates the information shared in the 2004 Staff Clarification. The Staff Clarification and the Building Block A-127 are attached for reference. 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Def.-Guesthouse,4.01.02 Kitchens in Dwelling Units,5.03.03 Guesthouses\1 08 02 Def 4 01 02 Kitchens in Dwelling Units and 5 03 03 Guesthouses 050814 DSACLDR.docx 5/8/2014 12:42:19 PM Text underlined is new text to be added. Bold text indicates a defined term Importantly, the Staff Clarification outlines the criteria for an "apparent food preparation," area and the criteria have been utilized by County review staff to also identify a kitchen. This is done in order to be consistent in building plan review by the zoning department. It is important to note that that the definitions provided in LDC section 1.08.02 for kitchens do not provide guidance on what features are included in a kitchen. The current definitions are as follows: Kitchen,primary: A room in a principal dwelling which is used, designed and intended for the preparation and cooking of food, often where meals are also eaten. Kitchen, secondary: A kitchen, accessory in function to the primary kitchen, located within and only accessible through the principal dwelling unit. Further, it is proposed that the definition of a "wet bar" is included in the LDC in order to be consistent with review practices. This definition reflects the 6 foot countertop limitation — therefore a wet bar can have 6 feet or less of countertop. It is also proposed that there will be nothing within LDC section 4.01.02 that will prohibit a wet bar within a dwelling unit. REASON: Currently, County staff reviews and approves building permits based on the guidelines established in the 2004 Staff Clarification and Building Block A-127. This has been the current practice for an extended period of time. In order to clarify that these standards are applicable to home owners and developers, it is proposed these provisions are included in the LDC. If the proposed changes are approved, the Staff Clarification would no longer be needed. The addition of"wet bar" to the definition section will limit the discrepancies in identifying a wet bar versus a kitchen or food preparation area during building plan review. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: • To remove the 6 foot counter limitation for a wet bar. • Address whether the secondary kitchen can be considered the outdoor kitchen area. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, January 13, 2014, May 5, 2014 Amend the LDC as follows: 1 1.08.02 Definitions 2 Guest—housed—ss#age: An accessory dwelling structure which is attached to or 3 detached from, a principal dwelling located on the same residential parcel and which an 4 accessory dwelling serves as an ancillary use providing living quarters for the occupants of the 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Def.-Guesthouse,4.01.02 Kitchens in Dwelling Units,5.03.03 Guesthouses\1 08 02 Def 4 01 02 Kitchens in Dwelling Units and 5 03 03 Guesthouses 050814 DSACLDR.docx 5/8/2014 12:42:19 PM Text underlined is new text to be added. Bold text indicates a defined term ^ 1 principal dwelling, their temporary guests or their domestic employees and which may contain 2 kitchen facilities. Guesthouses or cottage& are not permitted in development that is receiving an 3 AHDB. {See LDC section{s}4.01.02. 5.03.03 and 2.05.02)for additional information. 4 5 # # # # # # # # # # # # # 6 7 Kitchen, primary: A room in a principal dwelling or guesthouse which is used, designed 8 and intended for the preparation and cooking of food, often where meals are also eaten. See 9 LDC section 4.01.02 Kitchens in Dwelling Units and Guesthouses. 10 Kitchen, secondary:A kitchen, accessory in function to the primary kitchen, located within and only accessible through the principal dwelling unit. See LDC section 4.01.02 Kitchens in Dwelling Units and Guesthouses. 11 12 Wet bar. An area designed for mixing drinks that contains a sink with running water, has 13 6 feet or less of counter top, and is not a kitchen. See LDC section 4.01.02 Kitchens in Dwelling 14 Units and Guesthouses. 15 # # # # # # # # # # # # # 16 17 4.01.02 Kitchens in Dwelling Units and Guesthouses 18 19 A. A room or area, shall be considered a kitchen when designated as such or when there 20 is an apparent food preparation area having one or more of the following criteria: 21 1. A range; or 22 2. A sink and 6 feet or more of countertop which is not identified for a use other 23 than food preparation; or 24 3. An unexplained 220-volt electrical outlet that could be used for a major kitchen 25 appliance, such as a range. 26 B. A dwelling unit containing 2,500 square feet of living area, or greater, may have a 27 secondary kitchen provided all rooms are internally accessible and the secondary 28 kitchen is only accessible through the main dwelling unit. 29 C. Nothing in this section shall prohibit a dwelling unit from having a wet bar. 30 # # # # # # # # # # # # # 31 32 5.03.03 Guesthouses 33 34 Where a guesthouse is an allowable use, it shall be permitted only in compliance with 35 the following standards. See LDC section 1.08.00 Guesthouse for additional information. 36 37 A. No guest accommodation facility in a single-family residential district, whether a 38 freestanding guest house or guest accommodations which are structurally integrated 39 with the main dwelling, may be utilized for commercial purposes. 40 B. Leasing or renting a guest accommodation facility shall constitute a violation of this LDC. 41 C. If a main residence is leased or rented, a guest accommodation facility accessory to it 42 may not be occupied by the property owner, since that would constitute the unlawful 43 utilization of single-family zoned property for two-family dwelling purposes. 44 D. The following site design standards apply to all guest houses: 45 1. Minimum lot area shall be 43,560 square feet. 46 2. Minimum lot width shall be 105 feet. 3 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Def.-Guesthouse,4.01.02 Kitchens in Dwelling Units,5.03.03 Guesthouses\1 08 02 Def 4 01 02 Kitchens in Dwelling Units and 5 03 03 Guesthouses 050814 DSACLDR.docx 5/8/2014 12:42:19 PM Text underlined is new text to be added. Bold text indicates a defined term 1 3. The maximum floor area shall be forty(40) percent of the air-conditioned, 2 enclosed living area (excluding garages, carports, patios, porches, utility areas, 3 and the like) of the principal dwelling. 4 4. Detached guest houses shall not be closer than twenty (20) feet to the principal 5 dwelling. 6 E. A guesthouse may be constructed prior to a principal dwelling, provided the guest 7 house meets the minimum requirements of a single-family residence in the district in 8 which it is being constructed. At such time as a principal residence is constructed, then 9 the floor area percentages listed above shall apply. 10 # # # # # # # # # # # # # 4 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Def.-Guesthouse,4.01.02 Kitchens in Dwelling Units,5.03.03 Guesthouses\1 08 02 Def 4 01 02 Kitchens in Dwelling Units and 5 03 03 Guesthouses 050814 DSACLDR.docx 5/8/2014 12:42:19 PM Attachment 1 t"—"N COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION SC 2004-07 DATE:15 December 2004 LDC SECTIONS:5.03.03.and 1.08.02.,Definitions of"Guest house or cottage" and"Guest Quarters/guest suites" SUBJECT:Review guidelines for plan reviewers pertaining to Guesthouses/cottages and guest quarters/guest suites INITIATED BY:Staff BACKGROUND/CONSIDERATIONS: Guesthouses/cottages and guest quarters/guest suites are permissible as uses accessory to permissible principal single-family residences. "Guest house or cottage" is defined in LDC Section 1.08.02 as "An accessory dwelling structure which is attached to or detached from, a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their temporary guests or their domestic employees and which may contain kitchen facilities." "Guest quarters/guest suites" are defined in LDC Section 1.08.02 as"An attached or detached room or suite,which could be used as a temporary sleeping accommodation,which is integrated as part of the principal use of the property and may contain running water as long as is is not configured or of a size that may accommodate a kitchen." This �\ Staff Clarification is intended to establish guidelines to assist building plan reviewers to determine if a structure or building addition meets the LDC definition of any of these accessory uses. DETERMINATION (CLARIFICATION): There are three different fact situations requiring application of the LDC definitions of"guesthouse or cottage" and"guest quarters/guest suites." Guidelines for application of the LDC are identified for each of these situations. Please note:: determinations of the status of the accessory use made in accordance with this Staff Clarification for building permit plan reviews are not required to be consistent with the application of the definition of a "dwelling unit" or any provisions applied by the Financial Administration and Housing Department to assess impact fees under the Code of Laws, Chapter 74. Accordingly, the Impact Fee Manager may apply criteria under the regulations applicable to assessing impact fees in a manner recognizing the future use of proposed structures as well as any existing use. In the case of an unresolved conflict between the guidelines presented in this Staff Clarification and those applied by the Impact Fee Manager under the applicable regulations, policies and procedures, the latter provisions for assessing impact fees are presumed to control.. A. Guesthouse or cottage - detached: any habitable structure detached from the principal residence will be considered a guesthouse under the LDC zoning and property development regulations if it contains: 1.a separate electrical meter for the structure, or if there is no separate meter there is: 2.an area designated on the plans submitted with the building permit application as a kitchen or food preparation area,or if there is no separately designated kitchen or food preparation area,there is: t'\ - 3.an apparent food preparation area(regardless of designation),having. a. a range, or b. a sink and countertop which are not identified for a use other than food preparation,and which area is not within a bathroom or washroom, or if there is no apparent food preparation area,there is: 4. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. B. Guesthouse or cottage-attached: any addition to a principal residence will be considered an attached guesthouse under the LDC zoning and property development regulations if: 1. it is structurally attached,as may be determined by the Building Official under the provisions of the Florida Building Code, to the principal residence but is not connected to the principal residence by living(air-conditioned)space,and 2. it contains a separate electrical meter for the addition,or if there is no separate meter,there is: 3. a designated or depicted kitchen or food preparation area,or if there is on separately designated kitchen of food preparation area,there is: 4. an apparent food preparation area (regardless of designation),having: a. a range,or b. a sink and countertop which are not identified for a use other than food preparation, and which area is not within a bathroom or washroom,or if there is no apparent food preparation area,there is: 5. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. Note that a guesthouse, as defined, may be directly interconnected to the main residence if the applicant so desires,provided that it also meets all the requirements of LDC Section 5.03.03. C. Guest quarters/guest suite: This accessory use is defined in the LDC and may be attached to the main residence or detached;however,it is not identified as a permissible accessory use in any base residential zoning district. Thus, "Guest quarters/guest suites" are identified, by name, as permissible accessory uses only in certain PUDs. Where specifically identified in a PUD document, the guest quarters or guest suites must meet all applicable requirements of the individual PUD. In any PUD not specifically identifying "guest quarters" or "guest suites" by name, the guidelines above for an attached or detached guesthouse will be considered to apply. If the living area in question is not identified as an attached or detached guest house according to the above guidelines and regardless of what the living area is called,this living area will be considered an addition to the main residence when structurally attached to the main residence, whether it is inter-accessible to the main residence or not. If it is detached, it will be considered a separate, detached,accessory structure. AUTHOR:Ross Gochenaur(for Susan Murray,AICP,Director,Department of Zoning&Land Development Review) cc:Zoning Department staff Bill Hammond,Building Director Michelle Arnold,Code Enforcement Director Patrick G.White,Assistant County Attorney Zoning Clarification File Attachment 2 Buwa a BLOCKS GUEST HOUSE vs. GUEST SUITE OR GUEST QUATER This building block was prepared in order to assist staff from the business center when receiving a residential building permit application for any of the listed uses above. Guest Suites or Guest Quarters are only allowed in certain residential district (not allowed in the Estates Zoning District) or in certain Planned Unit Developments (PUD's). To be allowed to have a secondary kitchen,the residence must meet the following criteria: the total combined living area(old and new)must total at least 2,500 square feet. Should the total of the new proposed living area be less than 2,500 square feet,no secondary kitchen will be permitted. The following will be allowed in the residential addition if the new proposed living area is less than 2,500 square feet: Wet bar(without stove or cook top), no apparent 220-volt electrical outlet, under the counter refrigerator only, small sink and the maximum length of counter space shall be no more than six (6) feet. There shall be no additional space in the area that could accommodate an upright refrigerator or a range/stove. The only allowable uses in the Estates Zoning District are the following: Guest House Detached, Guest House Attached or residential additions. A. Guesthouse or cottage - detached: any habitable structure detached from the principal residence will be considered a guesthouse under the LDC zoning and property development regulations if it contains: 1. a separate electrical meter for the structure, or if there is no separate meter there is: 2. an area designated on the plans submitted with the building permit application as a kitchen or food preparation area, or if there is no separately designated kitchen or food preparation area,there is: 3. an apparent food preparation area(regardless of designation), having: a. a range, or b. a sink and countertop which are not identified for a use other than food preparation, and which area is not within a bathroom or washroom, or if there is no apparent food preparation area,there is: 4. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. B. Guesthouse or cottage- attached: any addition to a principal residence will be considered an attached guesthouse under the LDC zoning and property development regulations if: 1. it is structurally attached, as may be determined by the Building Official under the provisions of the Florida Building Code, to the principal residence but is not connected to the principal residence by living(air-conditioned)space, and 2. it contains a separate electrical meter for the addition, or if there is no separate meter, there is: 3. a designated or depicted kitchen or food preparation area, or if there is on separately designated kitchen of food preparation area,there is: A-127 08/13/2010 4. an apparent food preparation area(regardless of designation), having: a. a range. or b. a sink and countertop which are not identified for a use other than food preparation, and which area is not within a bathroom or washroom, or if there is no apparent food preparation area,there is : 5. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. Note that a guesthouse, as defined, may be directly interconnected to the main residence if the applicant so desires,provided that it also meets all the requirements of LDC Section 5.03.03. C. Residential Additions (Estates): In order for a residential addition not to be considered a guesthouse, it cannot have a secondary kitchen. The following will be allowed in the residential addition: Wet bar (without stove or cook top), no apparent 220-volt electrical outlet, under the counter refrigerator only, small sink and the maximum length of counter space shall be no more than six (6) feet. There shall be no additional space in the area that could accommodate an upright refrigerator or a range/stove. A-127 08/13/2010 �1. Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN:Staff Clarifications AUTHOR:Growth Management Division Staff DEPARTMENT:Growth Management Division AMENDMENT CYCLE:2014 LDC Amendment Cycle 1 LDC SECTION(S): 1.08.02 Defmitions 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, 4.02.03 Specific Standards for Location of Accessory Buildings And Structures, 5.03.02 Fences and Walls,Excluding Sound Walls,9.03.03 Types of Nonconformities CHANGE: To clarify provisions and correct several scrivener's errors.This amendment is not intended to,and will not create,any legal nonconforming use. 1. To amend LDC section 1.08.02 and identify how to measure a corner lot in the"Corner, lot"definition. The proposed language originates from a prior codified definition. 2. To amend LDC section 1.08.02 to include the defmition"Yard,waterfront."This definition is modeled off of a prior codified defmition. 3. To relocate the nonconforming front yard information,currently contained in LDC section 1.08.02 Definitions"Yard,front"to LDC section 9.03.03 Types of Nonconformities.This change is proposed to consolidate all of front yard setback nonconforming provisions. 4. To introduce new language to clarify Table 2.1—Table of Minimum Yard Requirements (Setbacks)for Base Zoning Districts and identify that this table does not address minimum yard requirements for corner lots,irregular shaped lots and nonconforming lots of record in relation to the principal structure. Further,to include the Minimum Side Yard Waterfront setbacks for residential uses in the RMF-6 zoning district The proposed waterfront setback for Single Family is 10 feet, which a minimum requirement prior to the re-codification and which is proposed to be re- included in the Definitions section. The proposed waterfront setback for Duplex is 10 feet,which is the minimum and consistent with the Non-waterfront setback requirement for this use.The proposed waterfront setback for 3 units(triplex)or more is 15 feet, which is also consistent with the non-waterfront setback requirement for this use. Ordinance 91-102 identified the following:the minimum setback for any principal structure adjacent to the water shall be the same as the setback for the side or rear yard,as the case may be,in the particular zoning district.However,these setbacks shall never be less than 10 feet for any structure,unless specifically provided for in the Accessory Structures on waterfront lots provision(LDC Ord.91-102 reference 2.6.2.2). 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 De#.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM Text underlined is new text to be added. Bold text indicates a defined term 5. It is proposed the formatting of the table is updated and consistent. Currently the LDC contains a floating table with no headers which should have been connected to Table 2.1 —Table of Minimum Yard Requirements(Setbacks)for Base Zoning Districts. 6. It is proposed that the Agricultural zoning district is included in the title of Table 3 and Table 4 in LDC section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures and their corresponding footnotes. These tables contain dimensional standards which are not intended to apply to the Agricultural or Estates zoning district. 7. It is proposed that a scrivener's error is addressed in LDC section 5.03.02 Fences and Walls, Excluding Sound walls. During the 2009 LDC amendment Cycle 1, Ord. No 2010-23 the provision was misinterpreted and the incorrect fence height was identified for corner lots.Attachment 1 illustrates the history and error within the Ordinance. 8. It is proposed 9.03.03 Types of Nonconformities is amended to clarify that some districts have specific minimum yard requirements for Rural Agriculture, Estates, RMF 12, and Mobile Home zoning districts.The proposed dimensions originate from the reduced yard setback standards for nonconforming lots identified in LDC Ord.91-102 section 1.8.02. REASON: The proposed changes are to include information that will better inform staff and the public as to dimensional requirements for structures within specific zoning districts. All of the proposed changes are a result of an error during the re-codification or during a past LDC amendment cycle. FISCAL&OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS:None. GROWTH MANAGEMENT PLAN IMPACT:None. OTHER NOTESNERSION DATE:Prepared by Caroline Cilek,January 16,2014. Amend the LDC as follows: 1 2 1.08.02 Definitions 3 x x 4 Lot, corner:A lot located at the intersection of two or more streets. In the case of corner 5 lots, the front yard with the shorter street frontage shall establish the required minimum lot 6 width. 7 A lot abutting a curved street or streets shall be considered a corner lot if straight lines 8 drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an 9 interior angle of less than 135 degrees. 10 11 12 13 Yard,front:The required open space extending across the entire width of the lot 14 between the front building line and street right-of-way line.Where double-frontage lots exist,the 15 required front yard shall be provided on both streets except as otherwise provided for herein. 16 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 De.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc. setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM �1 Text underlined is new text to be added. Text strikothrough is curront toxt to bo dolotod. Bold text indicates a defined term 2 e .. _ _ . . . 3 4 5 shorter or shortest street frontage. In all zoning districts,except the E(estates)zoning district, 7 8 of way easement.For setbacks for E(estates)zoning,see Section 2.03.01. (Comment[C1]:Relocating to 9.03.03 9 10 Yard, waterfront: The required open space on property adiacent to the Gulf,bays,bayous, 11 navigable streams and on man-created canals, lakes,or impounded reservoirs. The required 12 waterfront yard shall be measured from the most restrictive of the following:property line, 13 bulkhead,shoreline,seawall,control elevation contour,or mean high water line(MHWL). Comment[C2]:Described as: the horizontal 14 Waterfront yards do not apply to drainage easements,canals,and lakes that were created for location of where the project control elevation,as 15 water management purposes with no intention to be navigable waterways providing vessel the by ground surface intersects the finished ground surface 16 access to a larger body of water. 17 # # # # # # # # # # # # # 18 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 19 20 A. The following tables describe the dimensional standards pertaining to base zoning 21 districts.Site design requirements apply to the principal building on each site. 22 23 Table 1.Lot Design Requirements for Principal Uses in Base Zoning Districts. 24 Zoning District Minimum Lot Area Minimum Lot Width Maximum Building Coverage (square feet) (linear feet) (%) GC None 'None None A 217,800 165 None E 98,010 150 None RSF-1 43,560 1150 None RSF-2 20,000 1120 None RSF-3 10,000 Corner lot Interior lot None 95 80 RSF-4 7,500 75 70 None RSF-5 6,000 170 160 (None 1RSF6 6,000 170 160 None RMF-6 S.F. 6,500 160 None Duplex 12,000 80 3+units 5,500 per unit 100 RMF-12 43,560 1150 I None 1RMF-16 43,560 1150 None 1RT 43,560 1150 None VR 6,000 60 None S.F./MH 10,000 100 1 Duplex 43,560 150 M.F. 1 MH 6,000 60 !None I TTRVC Park 20 acres Travel trailers/Park models 40 None site 800 Campsites 30 lots I I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 D3.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc. setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM Text underlined is new text to be added. Bold text indicates a defined term C-1 20,000 100 None C-2 15,000 150 None C-3 10,000 75 None 1 0-4 10,000 100 None 1C-5 10,000 100 None I 20,000 1100 (None BP Park 35 acres 100 45 site 20,000 I lots i CON 217,800 1150 None P None 'None None I CF 10,000 180 None 1 2 3 Table 2.Building Dimension Standards for Principal Uses in Base Zoning Districts. 4 Zoning District Maximum Minimum Minimum Floor Area of Floor Area Building Distance Buildings Ratio Height Between ( ate feet) %.,,,,i,,- --- (feet) Buildings GC 35 None None None 'A 35 None 1550 None E 30 None 11,000 None RSF-1 35 None 1-story 2-story None t''''.\1,500 1,800 RSF-2 35 None 1,500 1,800 None I RSF-3 35 None 1,000 1,200 'None '..............RSF-4 35 None 1800 1,200 1 RSF-5. 35 None �600 1,200 None RSF-6 35 None 1600 1800 None RMF-6 35 A 750 None RMF-12 50 A Efficiency 450 None '1 BR 600 2+BR 750 RMF-16 75 A Efficiency 450 None 1 BR 600 12+BR 750 I RT 10 stories,not to A 300 None exceed 100' (max.for hotel units=500') VR S.F.30 None None None MH 30 None Duplex 30 None M.F.35 1B IMH 30 None None None 1 I'....TTRVC 130 110 ;None None C-1 35 None 1 1,000(ground floor) None 1 C-2 35 1A 1,000(ground floor) None 1 C-3 50 None 700(ground floor) None 1 C-4 175 A 700(ground floor) Hotels.60 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 De#.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM Text underlined is new text to be added. Bold text indicates a defined term Destination resort.80 '.....C-5 35 A 700(ground floor) Hotels.60 Destination resort.80 ...............I 50 A 1,000 None BP 35 IA 11,000 None CON 35 I None None None P C None None None CF Towers/antennas 3 D 1,000(ground floor) None 40 Other 30 Overlay Districts I See table of special design requirements applicable to overlay districts. 1 A=50%of the sum of the heights of the buildings,but not less than 15 feet. 2 B=50%of the sum of the heights of the buildings. 3 C=Buildings within 100 feet of an adjoining district are limited to the height of the most 4 restrictive of an adjoining district. 5 D=50%of the sum of the heights of the buildings, but not less than 25 feet. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 De.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc. setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM n Text underlined is new text to be added. Bold text indicates a defined term 1 1. Principal Structure Minimum Yard(Setback)Requirements:Table 2.1,below, 2 provides the minimum yard requirements for principal structures on conforming lots of 3 record in base zoning districts.The following shall apply for all other lots: 4 a. Corner Lots:Corner lots shall have front yards along each street frontage. 5 The other yards shall be considered side yards.See LDC section 2.03.01 for 6 Estates setbacks. 7 b. Nonconforming Lots of Record: Minimum yard requirements for 8 nonconforming lots of record are provided in LDC section 9.03.03 A. 9 10 Table 2.1 -TABLE OF MINIMUM YARD REQUIREMENTS 11 (SETBACKS)FOR BASE ZONING DISTRICTS 12 Note as to setback line measurement: minimum setback lines are typically measured from the 13 legal boundary of a lot, regardless of all easements burdening a lot, with the exception of 14 easements that comprise a road right-of-way where the minimum setback line is to be 15 measured from the road right-of-way easement line. 16 GC None None None A 50 30 50 x E 75 30 75 x RSF-1 50 30 50 x RSF-2 40 20 30 x RSF-3 30 Waterfront Non-waterfront 25 x �� 10 7.5 RSF-4 25 10 7.5 25 x RSF-5 25 10 7.5 20 x RSF-6 25 10 7.5 20 x RMF-6 S.F.25 NA 10 7.5 20 x Duplex 25 NA 10 10 20 3+units 30 NA 15 15 20 RMF-12 30 A 30 x RMF-16 b A b x RT b A b x VR SF./MH 20 Waterfront Non-waterfront 20 x Duplex 35 10 5 30 M.F.35 15 15 30 15 15 MH' 25 Waterfront Non-waterfront 10 X 10 7.5 TTRVC2 10 Waterfront Non-waterfront Waterfront Non-waterfront - 10 5 10 8 CC=1 25 Residential Non- Residential Non- x 25 residential 25 residential 15 15 CC=2 25 25 15 25 15 x C=32 c 25 a 25 a x C=49 d 25 a 25 a x CC=54 25 25 15 25 15 x l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 D9.-Lot,corner 4.02 01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM Text underlined is new text to be added. Bold text indicates a defined term 14 25 50 a 50 15 x BP 50 50 10 50 25 _ CON' 50 50 50 50 50 P f f f f f CF 25 Residential Non- Residential Non- x 25 residential 25 residential 15 15 Overlay See table of special design requirements for the applicable overlay district located in Districts the appropriate section for that district in chapter 4 1 2 6a' 42 Waterfront Nan-waterfront Waterfront Nan-waterfront - Comment[C3]:.The info in this table was 48 5 40 moved to the table above for formatting. 64 25 Residential Nee- Residenti31 Meta- a 25 residential 24 residential 4.5 45 6-2 25 25 4-6 26 45 a 6-2a e 25 a 26 a a 6-4° d 25 a 25 a a 6-5" 25 25 48 25 45 a 44 25 40 e se 48 a 1312 50 50 42 59 25 - 69N` 50 50 50 50 - i.mi. R # # f # a 6P 25 Residential Nan- Residential NOR- a 25 residential 26 residential 45 44 Districts that district in chapter 4 3 4 1 MI-I District-additional yard requirements:side yard setback from a public road that is 5 external to the boundary of the park=50 ft.;the minimum setback on any side from the 6 exterior boundary of the park=15ft. 7 2 TTRVC District-additional yard requirements:setback from exterior boundary of park 8 =50 ft.;setback from an external street=50 ft.,setback from an internal street=25 ft.; 9 setback from any building or other structure= 10 ft. 10 3 C-3 District-minimum setback on any side that is waterfront=25 ft.;setback for 11 marinas=none. 12 4 C-4,C-5 and I Districts-minimum setback on any side that is waterfront=25 ft.; 13 setback for marinas=none;setback on any side adjacent to a railroad right-of-way= 14 none 15 5 Any non-conforming platted lot of record in the CON District that existed before 16 November 13, 1991 will be subject to the following standards: 17 Front yard:40 feet. 18 Side yard:ten percent of the lot width, but no more than 20 feet on each side. 19 Rear Yard: 30 feet. 20 a=50%of the building height, but not less than 15 feet. 21 b=50%of the building height, but not less than 30 feet. 22 c=50%of the building height, but not less than 25 feet. I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Def.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM Text underlined is new text to be added. Bold text indicates a defined term 1 d=50%of the building height, but not less than 25 feet.Structures 50 feet or more in 2 height=25 feet plus one additional foot of setback for each foot of building height over 3 50 feet. 4 e=the total of all side yard setbacks shall equal 20%of the lot width,with a maximum 5 of 50 feet.No side yard shall be less than 10 feet.Alternative dimensions may be 6 possible when approved through a unified plan of development involving one or more 7 lots under common ownership where the yard requirements are met for the unified site 8 but not necessarily for each parcel within the unified site. 9 f=the yard requirements shall be equal to the most restrictive adjoining district. 10 x=for principal structures:50 feet from all property lines;for accessory structures:25 11 feet from all property lines. 12 # # # # # # # # # # # # # 13 14 4.02.03 Specific Standards for Location of Accessory Buildings And Structures 15 16 A. For the purposes of this section, in order to determine yard requirements,the term 17 "accessory structure"shall include detached and attached accessory use structures 18 or buildings notwithstanding the attachment of such structure or building containing 19 the accessory use to the principal use structure or building.Accessory buildings 20 and structures must be constructed simultaneously with or following the construction of 21 the principal structure and shall conform with the following setbacks and building 22 separations. 23 24 Table 3.Dimensional Standards for Accessory Buildings and Structures on Non- 25 Waterfront Lots And Non-Golf Course Lots in Zoning Districts other than Rural 26 Agricultural(A)and Estates(E)**. 27 1. Parking garage or carport,single-family +SPS 10 feet SPS 10 feet 2 One-story parking structures and/or carports SPS 35 feet SPS 10 feet f 3 'Multistory parking structures SPS 35 feet SPS 1/1* 4 Swimming pool and/or screen enclosure(one-and two-family) SPS 10 feet SPS N 5. 'Swimming pool(multi-family and commercial) SPS 20 feet 15 feet N '....6. Tennis courts(private)(one-and two-family) SPS 15 feet SPS 10 feet 7. Tennis courts(multi-family,and commercial) SPS 20 feet 15 feet 20 feet 8. Utility buildings SPS 10 feet SPS 10 feet 9. Chickee,barbecue areas SPS 10 feet SPS 10 feet 10. Attached screen porch SPS 10 feet SPS N/A 11. Unlisted accessory SPS SPS SPS 10 feet 12. Satellite dish antenna NP 15 feet SPS 10 feet 13. Permanent emergency generators I NP 110 feet I See Sec.4.02.01 D.131 N/A 28 29 N=None. 30 N/A=Not applicable. 31 NP=structure allowed in rear of building only. 32 SPS=Calculated same as principal structure. 33 *=1 foot of accessory height=1 foot building separation. 1:12014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 D9.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM Text underlined is new text to be added. Bold text indicates a defined term 1 **=All accessory structures in Rural Agricultural and Estates zoning districts must meet 2 principal structure setbacks. 3 4 Table 4.Dimensional Standards for Accessory Buildings and Structures on Waterfront 5 Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural(A)and 6 Estates(E)**2 7 • I 11. I Parking garage or carport,single-family SPS SPS SPS 110 feet 2 One-story parking structures SPS SPS SPS 10 feet i,3 Multistory parking structures SPS SPS SPS 1/1' 14 'Swimming pool and/or screen enclosure(one-and two-family) SPS 10 feet' SPS N '15. !Swimming pool(multi-family and commercial) SPS 20 feet 15 feet N 6. Tennis courts(private)(one-and two-family) SPS 15 feet SPS 10 feet 7. Tennis courts(multi-family and commercial) I SPS 35 feet SPS 20 feet 8. Boathouses and boat shelters(private) I SPS N/A 7.5 feet or 15 feet 10 feet See subsection 5.03.06F. 9. Utility buildings SPS SPS 10 feet 10 feet 110. Chickee,barbecue areas SPS 10 feet SPS N 111. Davits,hoists and lifts N/A N/A 7.5 feet or 15 feet SPS 112. Attached screen porch SPS 10 feet° SPS SPS 13.'Unlisted accessory SPS SPS SPS 110 feet 14. Docks,decks and mooring pilings N/A N/A 7.5 feet or 15 feet I N/A 115. Boat slips and ramps(private) I N/A N/A 7.5 feet I N/A 116. Satellite dish antennas I NP 115 feet SPS 110 feet 117.I Permanent emergency generators I NP 110 feet 'See Sec.4.02.01 D.13 I N/A 8 9 N=None. 10 N/A=Not applicable. 11 NP=structure allowed in rear of building only. 12 SPS=Calculated same as principal structure. 13 **=All accessory structures in Rural Agricultural and Estates zoning districts must meet 14 principal structure setbacks. 15 # # # # # # # # # # # # # 16 17 5.03.02 Fences and Walls,Excluding Sound Walls 18 19 C. Residential(RSF, RMF,RT,VR, MH)and TTRVC zoning districts and designated 20 residential components of PUDs shall be subject to the following maximum fence and 21 wall heights: 22 a1. If located within the Rrequired front yard: 23 +a. Lots greater than 1 acre:6 feet. 24 +ib. Non-waterfront interior lots 1 acre or less:4 feet. 25 +i+c. Waterfront lots 1 acre or less:4 feet. I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Deb.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Ml. Corner lots 1 acre or less:fences closer than 10 feet to the longest lot 2 line frontage of a corner lot,4 feet;when placed at 10 feet or greater 3 from the longest lot line frontage,than then 6 feet. 4 b2. If located within the Rrequired side and/or rear yard(s). 5 4a. Lots greater than 1 acre:6 feet. 6 +ib. Non-waterfront interior lots 1 acre or less:6 feet. 7 414c. Waterfront lots 1 acre or less:6 feet side yard(s);4 feet in rear yards. 8 hid. Public Utility Ancillary Systems:8 feet. 9 ve. Corner lots 1 acre or less:46 feet(there is no rear yard on a corner lot). 10 # # # # # # # # # # # # # 11 12 9.03.03 Types of Nonconformities 13 14 A. Nonconforming lots of record. In any district,any permitted or permissible structure may 15 be erected,expanded, or altered on any lot of record at the effective date of adoption or 16 relevant amendment to the LDC. 17 1. Except as provided herein,theThe minimum yard requirements in any residential 18 district except RMF-6-and-€-estates shall be as for the most similar district to 19 which such lot of record most closely conforms in area,width and permitted use, 20 except that when possible the greater of any yard requirement in either district 21 shall apply,and except when specifically provided for in the district regulations. 22 a. Rural Agricultural(A)zoning district: 23 i. Front Yard:40 feet. 24 ii. Side Yard: 10 percent of lot width, not to exceed 20 feet on each 25 side. 26 iii. Rear Yard:30 feet. 27 b. Estates(E)zoning district:See LDC section 2.03.01 for setbacks. 28 c. RMF-12: 29 i. Single-family dwellings revert to RSF-6 standards. 30 ii. Duplex and multi-family dwellings revert to RMF-6 standards. 31 d. Mobile Home(MH)zoning district: 32 i. Front Yard: 10 feet. 33 ii. Side Yard:5 feet or zero(0)foot.Where zero is used,the 34 opposite yard must maintain a minimum of 10 feet. 35 iii. Rear Yard:8 feet. 36 iv. Waterfront Yard(Side or Rear): 10 feet. 37 2. The minimum side yard requirement in any commercial or industrial district shall 38 be equal to the height of the proposed principal structure,or the minimum side 39 yard requirement in the district,whichever is lesser. 40 3. Nonconforming through lots, n-- --_ _ !!- __ e•••••e _ - 41 which are nonconforming due to inadequate 42 lot depth,in-which-case,may have a reduced the front yard along the local road 43 frontagepertion.The reduction shall be computed at the rate of fifteen(15) 44 percent of the depth of the lot,as measured from edge of the right-of-way.Front 45 yards along the local road shall be developed with structures having an average 46 front yard of not less than six(6)feet;no building thereafter erected shall project 47 beyond the average line.The reduced front yard setback shall be prohibited 48 along a collector or arterial roadway. 49 _ 50 51 52 _ I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Der-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM Text underlined is new text to be added. That strikothrough is curront toxt to bo dolotod. Bold text indicates a defined term 1 feet; no building thereafter erected shall project beyond the average line so 2 established. 3 4.5, When two or more adjacent legal nonconforming lots of record are either 4 combined under a single folio or parcel number for taxing purposes by the 5 property appraiser's office,or combined as a single parcel by recording the 6 previously separate non-conforming lots into one legal description, neither or 7 both of these actions will prohibit the owner or future owners from subsequently 8 splitting the parcel into two or more folio or parcel numbers for tax purposes,or 9 severing the parcels into their former legal descriptions as legal nonconforming 10 lots of record according to the original legal description(s)at the time the property 11 was recognized as legal nonconforming.Prior to any two or more adjacent legal 12 non-conforming lots being combined for development,a legally binding document 13 must be recorded to reflect a single parcel with a unified legal description.Once 14 such a document has been recorded to amend the legal description and a 15 development permit has been approved by the County for development as that 16 unified parcel,the property can not be split or subdivided except as may then be 17 allowed by this Code. 18 15. Nonconforming Corner Lots.Corner lots of record which existed prior to the date Comment[C4]:Original Language: 19 of adoption of Collier County Ordinance No.82-2[January 5, 19821 and do not Where corner lots of record existed prior to 20 meet minimum lot width or area requirements established in LDC,shall be Ordinance inan a No.82 82-2[January Collier County Ordinance No.82-2[January 5,1982], 21 required to provide only one full depth front yard.The full depth front yard which lots do not meet minimum lot width 22 requirement shall apply to the front yard which has the shorter or shortest street or area requirements established in this Code,only one full depth front yard shall 23 frontage.The setback requirement for the remaining front yard(s)may be be required.The full depth front yard 24 reduced to 50 percent of the full front yard setback requirement for that district, requirement shall apply to the front yard 25 exclusive of any road right-of-way or road right-of-way easement. For which has the shorter or shortest st eet frontage;the setback requirement for the 26 setbacks for Estates(E)zoning district,see Section 2.03.01. remaining front yard(s)may be reduced to 27 # 50 percent of the full front yard setback requirement for that district,exclusive of any road right-of-way or road right-of-way easement.For setbacks for Estates(E) zoning district,see Section 2.03.01. I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Def.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 050614-DSACLDR.docx 5/8/2014 4:53:47 PM 9202122 2.3.az pSr, Attachment 1 N JUN rVd ow ORDINANCE NO. 10 -23 !s i 8[95t�EZN1 AN ORDINANCE OF THE BOARD OF COUNTY ' COMMISSIONERS OF COLLIER COUNTY, FLORIDA,_ AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE ' rr-~1 COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH rn 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 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING TABLE OF CONTENTS, SECTION 2.01.00 GENERALLY, SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT OF APPROVALS UNDER THE ZONING REEVALUATION ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING SECTION 3.04.03 REQUIREMENTS FOR PROTECTED PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.02 DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION 4.02.12 SAME - OUTDOOR STORAGE, SECTION 4.02.29 SAME-FARM MARKET OVERLAY SUBDISTRICT, SECTION 4.02.32 SAME—MAIN STREET OVERLAY SUBDISTRICT, SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY, -� SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS INCLUDING TABLE OF Page 1 of 194 Words 5t-niek4lir-ough are deleted,words underlined are added 5.03.02 Fences and Walls, Excluding Sound Walls A. All districts. -• - -- --- - - • -- - - --• - - _ - - standaIdsr - - - - •- - - - ii. Fences forward of the primary facade, excluding chain link (a) Fencos must not exceed four feet in height. inimu e - _-• _ - _ _ • _ - - Page 106 of 194 Words stRtelettgh are deleted, words underlined are added 5 - - - _ _ . - -- - ---- - 6. - - - - -- - •-• 1111 - - - - , - - , -- - -- - • - • -• - ---- --1111 _ - • •- - - • •- -- - - - 8. £ --- -- - --•--- - -- -- •- - - •-- •, -- - , - _ - - -- • -.1111. - - - - •e-e. - t. location,- - _ - - , • -- - -- ''- -- _ --- - - • - .11 11-. - - e. -: 1. General ground elevation of the entire lot. be measured. -- ---- -- - -- - - - -- '- - - - Page 107 of 194 Words s:fu Titer are deleted, words underlined are added 1. Fences er walls era lots Feater - - feetin all-mss: . . - . _ - - - _ - --- - -_ .•_.• - • - hei - I include: A, E, and CON zoning districts. Fences and walls within agricultural E. CommeFcial and-industrial districts. Page 108 of 194 Words s reek throe h are deleted, words underlined are added Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle - Prioritized List AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.03 Commercial Zoning Districts CHANGE: To add the following the uses to the respective commercial zoning districts within the conditional use section. No nonconformities shall be created by this amendment. Commercial-1 5812 Eating Places Establishments primarily engaged in the retail sale of prepared food and drinks for on-premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. • Automats (eating places) • Beaneries • Box lunch stands • Buffets (eating places) • Cafes • Cafeterias • Carry-out restaurants • Caterers • Coffee shops • Commissary restaurants • Concession stands, prepared food (e.g., in airports and sports arenas) • Contract feeding • Dairy bars • Diners (eating places) • Dining rooms • Dinner theaters • Drive in restaurants • Fast food restaurants • Food bars • Food service, institutional • Frozen custard stands • Grills (eating places) • Hamburger stands 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Bold text indicates a defined term • Hot dog (frankfurter) stands • Ice cream stands • Industrial feeding • Lunch bars • Lunch counters • Luncheonettes • Lunchrooms • Oyster bars • Pizza parlors • Pizzerias • Refreshment stands • Restaurants • Restaurants, carry out • Restaurants, fast food • Sandwich bars or shops • Snack shops • Soda fountains • Soft drink stands • Submarine sandwich shops • Tea rooms • Theaters, dinner # # # # # # # # # Commercial-2 5722 Household Appliance Stores Establishments primarily engaged in the retail sale of electric and gas refrigerators, stoves, and other household appliances, such as electric irons, percolators, hot plates, and vacuum cleaners. Many such stores also sell radio and television sets. Retail stores operated by public utility companies and primarily engaged in the sale of electric and gas appliances for household use are classified in this industry. • Air-conditioning room units, self-contained-retail • Electric household appliance stores-retail • Freezers, household retail • Garbage disposers, electric retail • Household appliance stores, electric or gas-retail • Kitchens, complete (sinks, cabinets etc.) retail • Ranges, gas and electric retail • Refrigerators and related electric and gas appliances retail • Sewing machine stores-retail • Stoves and related electric and gas appliances retail • Vacuum cleaner stores-retail r-. 2 I•\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Bold text indicates a defined term 4493 Marinas Establishments primarily engaged in operating marinas. These establishments rent boat slips and store boats, and generally perform a range of other services including cleaning and incidental boat repair. They frequently sell food, fuel, and fishing supplies, and may sell boats. Establishments primarily engaged in building or repairing boats and ships are classified in Manufacturing, Industry Group 373. Establishments primarily engaged in the operation of charter or party fishing boats or rental of small recreational boats are classified in Services, Industry 7999. • Boat yards, storage and incidental repair • Marinas • Marine basins, operation of • Yacht basins, operation of 8699 Membership Organizations, Not Elsewhere Classified Membership organizations, not elsewhere classified. • Art councils • Athletic associations-regulatory only • Automobile owners'associations and clubs • Farm bureaus • Farm granges • Historical clubs, other than professional • Humane societies, animal • Poetry associations • Reading rooms,religious materials 7299 Miscellaneous Personal Services,Not Elsewhere Classified Establishments primarily engaged in providing personal services, not elsewhere classified. Establishments primarily engaged in operating physical fitness facilities, including health fitness spas and reducing salons,are classified in Major Group 70 if they provide lodging and in Industry 7991 if they do not, and those renting medical equipment are classified in Industry 7352. • Babysitting bureaus • Bartering services for individuals • Birth certificate agencies • Blood pressure testing, coin operated • Buyers'clubs • Car title and tag service • Checkroom concessions or services • Coin operated service machine operation: scales, shoeshine, lockers, • College clearinghouses • Comfort station operation • Computer photography or portraits • Consumer buying service 3 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term • Costume rental • Dating service • Debt counseling or adjustment service to individuals • Depilatory salons • Diet workshops • Dress suit rental • Electrolysis (hair removal) • Escort service • Genealogical investigation service • Hair removal (electrolysis) • Hair weaving or replacement service • Locker rental, except cold storage • Marriage bureaus • Massage parlors • Porter service • Quilting for individuals • Rest room operation • Scalp treatment service • Shopping service for individuals • Steam baths • Tanning salons • Tattoo parlors '^ • Turkish baths • Tuxedo rental • Valet parking • Wardrobe service, except theatrical. • Wedding chapels,privately operated Commercial-3 5511 Motor Vehicle Dealers (New and Used) Establishments primarily engaged in the retail sale of new automobiles or new and used automobiles. These establishments frequently maintain repair departments and carry stocks of replacement parts,tires, batteries, and automotive accessories. These establishments also frequently sell pickups and vans at retail. • Automobile agencies (dealers)-retail (new only) • Automobiles, new and used retail • Cars, new and used retail • Motor vehicle dealers, new and used cars retail • Pickups and vans, new and used retail 4 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Bold text indicates a defined term 8071 Medical Laboratories Establishments primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient on prescription of a physician. • Bacteriological laboratories (not manufacturing) • Biological laboratories (not manufacturing) • Blood analysis laboratories • Chemists, biological: (not manufacturing) laboratories of • Dental laboratories, X-ray • Medical laboratories, clinical • Pathological laboratories • Testing laboratories, medical: analytic or diagnostic • Urinalysis laboratories 8092 Kidney Dialysis Centers Establishments primarily engaged in providing kidney or renal dialysis services. Offices and clinics of doctors of medicine are classified in Industry 8011. • Kidney dialysis centers 8099 Health and Allied Services,Not Elsewhere Classified Establishments primarily engaged in providing health and allied services, not elsewhere classified. Offices and clinics of health practitioners are classified according to their primary activity in Industry Groups 801 through 804. • Artists, medical • Blood banks • Blood donor stations • Childbirth preparation classes • Health screening service • Hearing testing service • Insurance physical examination service, except by physicians • Medical photography and art • Osteoporosis centers • Oxygen tent service • Physical examination service, except by physicians • Plasmapheresis Centers • Sperm banks 7352 Medical Equipment Rental and Leasing Establishments primarily engaged in renting or leasing (except finance leasing) medical equipment. Establishments of this industry may also sell medical supplies. Establishments primarily engaged in the sale of medical equipment and supplies are classified in Wholesale or Retail Trade, and those primarily engaged in finance leasing are classified in Finance, Industry 6159. • Invalid supplies rental and leasing Medical equipment rental 5 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 7997 Membership Sports and Recreation Clubs Sports and recreation clubs which are restricted to use by members and their guests. Country, golf, tennis, yacht, and amateur sports and recreation clubs are included in this industry. Physical fitness facilities are classified in Industry 7991. • Aviation clubs, membership • Baseball clubs except professional and semiprofessional • Bathing beaches, membership • Beach clubs, membership • Boating clubs, membership • Bowling leagues or teams, except professional and semiprofessional • Bridge clubs, membership • Club, membership: sports and recreation, except physical fitness • Country clubs, membership • Flying fields maintained by aviation club • Football club, except professional and semiprofessional • Golf clubs, membership • Gun clubs, membership • Handball clubs, membership • Hockey clubs, except professional and semiprofessional • Hunt clubs, membership • Racquetball clubs, membership • Recreation and sports club, membership: except physical fitness • Riding clubs, membership • Shooting clubs,membership • Soccer clubs, except,professional and semiprofessional • Sports and recreation clubs,membership: except physical fitness • Swimming clubs, membership • Tennis clubs, membership • Yacht clubs, membership # # # # # # # # # # # # # Commercial-4 5551 Boat Dealers Establishments primarily engaged in the retail sale of new and used motor boats and other watercraft, marine supplies, and outboard motors. • Boat dealers-retail • Marine supply dealers-retail • Motorboat dealers-retail • Outboard motor dealers-retail 5599 Automotive Dealers, Not Elsewhere Classified Establishments primarily engaged in the retail sale of new and used automotive vehicles, utility trailers, and automotive equipment and supplies, not elsewhere classified, such as snowmobiles, 6 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Bold text indicates a defined term dunebuggies, and gocarts. Also included in this industry are establishments primarily engaged in the retail sale of aircraft. • Aircraft dealers retail • Dunebuggies-retail • Gocarts-retail • Snowmobiles-retail • Trailers, utility-retail • Utility trailers-retail 5561 Recreational Vehicle Dealers Establishments primarily engaged in the retail sale of new and used motor homes, recreational trailers, and campers (pickup coaches). Establishments primarily engaged in the retail sale of mobile homes are classified in Industry 5271, and those selling utility trailers are classified in Industry 5599. • Campers (pickup coaches) for mounting on trucks-retail • Motor home dealers-retail • Recreational vehicle dealers-retail • Recreational vehicle parts and accessories-retail • Travel trailers, automobile: new and used-retail # # # # # # # # # # # # # Commercial-5 4783 Packing and Crating Establishments primarily engaged in packing, crating, and otherwise preparing goods for shipping. Establishments primarily engaged in packaging and labeling merchandise for purposes other than shipping(retail packaging)are classified in Industry 7389. • Crating goods for shipping • Packing goods for shipping • Transportation REASON: The proposed amendment is designed to provide additional opportunities for conditional uses to locate within commercial zoning districts. The uses which are proposed are similar in nature to existing conditional uses. The proposed uses would be subject to the public hearing process whereby they would be contentiously reviewed for compatibility and consistency with the surrounding area. For certain uses, additional site design standards are identified as to be required or considered during the public hearing process. This is intended to further the compatibility with the surrounding area. FISCAL & OPERATIONAL IMPACTS: There are no fiscal and operational impacts to the County. The proposed amendment would expand the zoning and location opportunities for the proposed conditional uses. 7 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Bold text indicates a defined term RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are no direct inconsistencies with the proposed conditional uses within the Commercial Zoning Districts. However, it is important to note that most sub-districts within the GMP have references to zoning districts within the LDC that include specific effective dates. Only the uses that were established at the time of the effective date are permitted within the sub-district. Accordingly, the proposed uses identified in this amendment may not be allowed within the various GMP sub-districts. Due diligence will be important for current and future property owners in these sub-districts to understand what uses are allowed. DSAC-LDR RECOMMENDATIONS: • For the proposed C-1 conditional use, "Eating places"include "carry-out, restaurants" in the list of allowable types of uses (staff incorporated into LDCA). • For the proposed C-3 conditional use, consider "Adequacy" of the buffer(s), rather than"enhancement" of the buffer(s). • Note: Within the C-3 permitted uses section,"Automotive Services, Except Repair and Carwashes (7549)" is identified and includes"Lubricating service, automotive", i.e. "quick lube stations" OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,March 18, 2014, May 6, 2014. Amend the LDC as follows: 1 2.03.03 Commercial Zoning Districts 2 3 A. Commercial Professional and General Office District (C-1). The purpose and intent of 4 the commercial professional and general office district C-1 is to allow a concentration of 5 office type buildings and land uses that are most compatible with, and located near, 6 residential areas. Most C-1 commercial, professional, and general office districts are 7 contiguous to or when within a PUD, will be placed in close proximity to residential 8 areas, and therefore serve as a transitional zoning district between residential areas 9 and higher intensity commercial zoning districts. The types of office uses permitted are 10 those that do not have high traffic volumes throughout the day, which extend into the 11 evening hours. They will have morning and evening short-term peak conditions. The 12 market support for these office uses should be those with a localized basis of market 13 support as opposed to office functions requiring inter jurisdictional and regional market 14 support. Because office functions have significant employment characteristics, which are 15 compounded when aggregations occur, certain personal service uses shall be permitted, 16 to provide a convenience to office-based employment. Such convenience commercial 17 uses shall be made an integral part of an office building as opposed to the singular use 18 of a building. Housing may also be a component of this district as provided for through 19 conditional use approval. 20 1. The following uses, as identified with a number from the Standard Industrial 21 Classification Manual (1987), or as otherwise provided for within this section are 8 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 permissible by right, or as accessory or conditional uses within the C-1 2 commercial professional and general office district. * * * * * * * * * * * * * 3 c. Conditional uses. The following uses are permissible as conditional uses 4 in the (C-1) commercial professional and general office district, subject to 5 the standards and procedures established in section 10.08.00 6 1. Ancillary plants. 7 2. Automobile parking, automobile parking garages and parking 8 structures (7521 —shall not be construed to permit the activity of 9 "tow-in parking lots"). 10 3. Banks, credit unions and trusts (6011-6099). 11 4. Churches. 12 5. Civic, social and fraternal associations (8641). 13 6. Eating places primarily intended to serve employees and 14 customers of the permitted use (5812, excluding Automats (eating 15 places); caterers; commissary restaurants; contract feeding; 16 dinner theaters; drive-in restaurants; industrial feeding; 17 restaurants; carry-out; theaters; dinner).The request may be 18 permitted subject to the following criteria: 19 a. The use is physically integrated and operated in 20 conjunction with another permitted use in the C-1 district 21 (no stand-alone facilities shall be permitted). 22 b. There is no exterior signage. 23 c. There is no direct exterior access. 24 d. Parking for the permitted use is consistent with LDC 25 section 4.05.04. 26 e. In addition to the Planning Commission's Findings, its 27 recommendation shall include, but not be limited to the 28 following considerations for the conditional use request: 29 i. Seating capacity. 30 ii. Gross floor area of the request in relation to the 31 principal structure. 32 67. Educational services (8211-8222). 33 78. Funeral services (7261, except crematories). 34 89. Home health care services (8082). 35 10. Homeless shelters. 36 4011. Libraries (8231, except regional libraries). 37 41-12. Mixed residential and commercial uses subject to design criteria 38 contained in section 4.02.38 except where superseded by the 39 following criteria: 40 * * * *_ * * * * * * * * * 41 4213. Religious organizations (8661). 42 4314. Soup kitchens. 43 4415. Veterinary services (0742, excluding outdoor kenneling). 44 4516. Any other commercial or professional use which is comparable in 45 nature with the foregoing list of permitted uses and consistent with 46 the purpose and intent statement of the district as determined by 47 the board of zoning appeals pursuant to section 10.08.00 # # # # # # # # # # # # # 9 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 B. Commercial Convenience District (C-2). The purpose and intent of the commercial 2 convenience district (C-2) is to provide lands where commercial establishments may be 3 located to provide the small-scale shopping and personal needs of the surrounding 4 residential land uses within convenient travel distance except to the extent that office 5 uses carried forward from the C-1 district will expand the traditional neighborhood size. 6 However, the intent of this district is that retail and service uses be of a nature that can 7 be economically supported by the immediate residential environs. Therefore, the uses 8 should allow for goods and services that households require on a daily basis, as 9 opposed to those goods and services that households seek for the most favorable 10 economic price and, therefore, require much larger trade areas. It is intended that the C- 11 2 district implements the Collier County GMP within those areas designated 12 agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; 13 the neighborhood center district of the Immokalee Master Plan; and the urban mixed 14 use district of the future land use element permitted in accordance with the locational 15 criteria for commercial and the goals, objectives, and policies as identified in the future 16 land use element of the Collier County GMP. The maximum density permissible in the 17 C-2 district and the urban mixed use land use designation shall be guided, in part, by the 18 density rating system contained in the future land use element of the Collier County 19 GMP. The maximum density permissible or permitted in a district shall not exceed the 20 density permissible under the density rating system. 21 1. The following uses, as identified with a number from the Standard Industrial 22 Classification Manual (1987), or as otherwise provided for within this section are 23 permissible by right, or as accessory or conditional uses within the C-2 24 commercial convenience district. 25 * _ 26 c. Conditional uses. The following uses are permissible as conditional 27 uses in the commercial convenience district (C-2), subject to the 28 standards and procedures established in section 10.08.00 29 1. Ancillary plants. 30 2. Educational services (8211, 8222). 31 3. Homeless shelters. 32 4. Household appliance stores (5722, limited to air-conditioning room 33 units, self-contained-retail, electronic household appliance stores- 34 retail, household appliance stores, electric or gas-retail, sewing 35 machine stores-retail, and vacuum cleaner stores-retail) with 36 1,800 square feet or less of gross floor area in the principal 37 structure. 38 5. Marinas (4493 excluding boat yards, storage and incidental 39 repair), subject to LDC section 5.05.02 40 6. Membership organizations, miscellaneous (8699, excluding 41 humane societies, animal) limited to 1,800 square feet or less of 42 gross floor area in the principal structure. 43 47. Mixed residential and commercial uses subject to design criteria 44 contained in LDC section 4.02.38 except where superseded by 45 the following criteria: 46 * * * 47 8. Personal services, miscellaneous (7299 — not listed as principle 48 uses and limited to babysittinq bureaus; birth certificate agencies; 49 car title and tag services; computer photography or portraits; 50 dating service; diet workshops; dress suit rental; tux rental; 10 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 genealogical investigation service; hair removal; shopping service 2 for individuals only; wardrobe service, except theatrical; wedding 3 chapels, privately operated) with 1,800 square feet or less of 4 gross floor area in the principal structure. 5 69. Permitted personal service, video rental or retail uses with more 6 than 1,800 square feet of gross floor area in the principal 7 structure. 8 610. Permitted food service (eating places or food stores) uses with 9 more than 2,800 square feet of gross floor area in the permitted 10 principal structure. 11 711. Soup kitchens. 12 8.12. Any other convenience commercial use which is comparable in 13 nature with the foregoing (C-2) list of permitted uses and 14 consistent with the purpose and intent statement of the district, as 15 determined by the board of zoning appeals pursuant to section 16 10.08.00 17 # # # # # # # # # # # # # 18 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 19 intermediate district (C-3) is to provide for a wider variety of goods and services intended 20 for areas expected to receive a higher degree of automobile traffic. The type and variety 21 of goods and services are those that provide an opportunity for comparison shopping, 22 have a trade area consisting of several neighborhoods, and are preferably located at the 23 intersection of two-arterial level streets. Most activity centers meet this standard. This 24 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning 25 districts typically aggregated in planned shopping centers. This district is not intended 26 to permit wholesaling type of uses, or land uses that have associated with them the need 27 for outdoor storage of equipment and merchandise. A mixed-use project containing a 28 residential component is permitted in this district subject to the criteria established 29 herein. The C-3 district is permitted in accordance with the locational criteria for 30 commercial and the goals, objectives, and policies as identified in the future land use 31 element of the Collier County GMP. The maximum density permissible in the C-3 district 32 and the urban mixed use land use designation shall be guided, in part, by the density 33 rating system contained in the future land use element of the Collier County GMP. The 34 maximum density permissible or permitted in the C-3 district shall not exceed the 35 density permissible under the density rating system. 36 1. The following uses, as identified with a number from the Standard Industrial 37 Classification Manual (1987), or as otherwise provided for within this section are 38 permissible by right, or as accessory or conditional uses within the commercial 39 intermediate district (C-3). 40 41 c. Conditional uses. The following uses are permissible as conditional 42 uses in the commercial intermediate district (C-3), subject to the 43 standards and procedures established in sections 4.02.02 and 10.08.00 44 1. Amusements and recreation services (7999 - boat rental, 45 miniature golf course, bicycle and moped rental, rental of beach 46 chairs and accessories only). 47 2. Ancillary plants. 48 3. Automotive vehicle dealers (5511, limited to automobile agencies 49 (dealers)-retail and only new vehicles). In addition to the Planning 50 Commission's Findings, its recommendation shall include, but not 11 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Bold text indicates a defined term 1 be limited to, the following considerations for the conditional use -- 2 request: 3 a. Controls on outdoor paging or amplified systems used as 4 part of the daily operations. 5 b. Location of enclosed service areas, with exception for 6 entry/exit doors. 7 c. The number of"quick lube" service bays. 8 d. Operation hours. 9 e. Enhancement of buffer(s). 10 f. Location of gasoline storage and/or fueling tanks. 11 q. Means of delivery of automobiles. 12 34. Bowling centers (7933). 13 45. Coin operated amusement devices (7993). 14 56. Courts (9211). 15 67. Dance Studios, schools and halls (7911). 16 78. Drinking places (5813) excluding bottle clubs. All establishments 17 engaged in the retail sale of alcoholic beverages for on-premise 18 consumption are subject to the locational requirements of section 19 5.05.01 20 69. Educational services (8221 & 8222). 21 610. Fire protection (9224). 22 4-011. Food stores with greater than 5,000 square feet of gross floor 23 area in the principal structure (groups 5411-5499). 24 12. Health services (8071, 8092, and 8099). 25 1413. Homeless shelters. 26 4214. Hospitals (groups 8062-8069). 27 4315. Legal counsel and prosecution (9222). 28 16. Medical equipment rental and leasing (7352). 29 17. Membership sports and recreational clubs indoor only (7997). 30 4418. Mixed residential and commercial uses, subject to design criteria 31 contained in section 4.02.38 except where superseded by the 32 following criteria: 33 34 4519. Motion picture theaters, (7832 - except drive-in). 35 4620. Permitted food service (5812, eating places) uses with more than 36 6,000 square feet of gross floor area in the principal structure. 37 4721. Permitted personal services, video rental or retail uses (excluding 38 drug stores - 5912) with more than 5,000 square feet of gross 39 floor area in the principal structure. 40 4822. Permitted use with less than 700 square feet gross floor area in 41 the principal structure. 42 4623. Public order and safety (9229). 43 2524. Social services (8322 - other than those permitted, 8331-8399) 44 2425. Soup kitchens. 45 2226. Theatrical producers and miscellaneous theatrical services (7922 - 46 community theaters only). 47 2327. Vocational schools (8243-8299). 48 2428. Any other intermediate commercial use which is comparable in 49 nature with the foregoing list of permitted uses and consistent with 50 the permitted uses and purpose and intent statement of the 12 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 district, as determined by the board of zoning appeals pursuant to 2 section 10.08.00 3 # # # # # # # # # # # # # 4 D. General Commercial District (C-4). The general commercial district (C-4) is intended to 5 provide for those types of land uses that attract large segments of the population at the 6 same time by virtue of scale, coupled with the type of activity. The purpose and intent of 7 the C-4 district is to provide the opportunity for the most diverse types of commercial 8 activities delivering goods and services, including entertainment and recreational 9 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 10 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The 11 outside storage of merchandise and equipment is prohibited, except to the extent that it 12 is associated with the commercial activity conducted on-site such as, but not limited to, 13 automobile sales, marine vessels, and the renting and leasing of equipment. Activity 14 centers are suitable locations for the uses permitted by the C-4 district because most 15 activity centers are located at the intersection of arterial roads. Therefore the uses in the 16 C-4 district can most be sustained by the transportation network of major roads. The C-4 17 district is permitted in accordance with the locational criteria for uses and the goals, 18 objectives, and policies as identified in the future land use element of the Collier County 19 GMP. The maximum density permissible or,permitted in a district shall not exceed the 20 density permissible under the density rating system. 21 1. The following uses, as defined with a number from the Standard Industrial 22 Classification Manual (1987), or as otherwise provided for within this section are 23 permissible by right, or as accessory or conditional uses within the general 24 commercial district (C-4). 26 c. Conditional uses. The following uses are permitted as conditional uses 27 in the general commercial district (C-4), subject to the standards and 28 procedures established in section 10.08.00 29 1. Animal specialty services, except veterinary (0752, with outside 30 kenneling). 31 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 32 7999). 33 3. Auctioneering services, auction rooms (7389, 5999). 34 4. Automotive dealers and gasoline service stations (5511, 5521; 35 5551, 5561, 5599 outdoor display permitted). 36 5. Automotive rental and leasing, outdoor display permitted (7513, 37 7519). 38 6. Boat dealers (5551). 39 67. Bottle clubs. (All establishments engaged in the retail sale of 40 alcoholic beverages for on-premise consumption are subject to 41 the locational requirements of section 5.05.01.). 42 78. Communication towers above specified height, subject to section 43 5.05.09 44 9. Dealers not elsewhere classified (5599 outdoor display permitted, 45 excluding Aircraft dealers –retail). 46 810. Fire protection (9224). 47 811. Fishing, hunting and trapping (0912-0919). 48 4-012. Fuel dealers (5983-5989). 49 4413. Homeless shelters. 13 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 1-214. Hotels and motels (7011, 7021, 7041 when located outside an --- 2 activity center). 3 1-315. Kiosks. 4 4416. Legal counsel and prosecution (9222). 5 1-517. Local and suburban transit (groups 4111-4121, bus stop and van 6 pool stop only). 7 4518. Motion picture theaters, drive-in (7833). 8 419. Permitted use with less than 700 square feet of gross floor area 9 in the principal structure. 10 4320. Police Protection (9221). 11 1-921. Public order and safety (9229). 12 22. Recreational vehicle dealers (5561). 13 2023. Soup kitchens. 14 2424. Motor freight transportation and warehousing (4225, air 15 conditioned and mini-and self storage warehousing only). 16 2225. Veterinary services (0741 & 0742, with outside kenneling). 17 2326. Any other general commercial use which is,comparable in nature 18 with the foregoing list of permitted uses and consistent with the 19 permitted uses purpose and intent statement of the district, as 20 determined by the board of zoning appeals pursuant to section 21 10.08.00 22 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning 23 district, the heavy commercial district(C-5) allows a range of more intensive commercial 24 uses and services which are generally those uses that tend to utilize outdoor space in 25 the conduct of the business. The C-5 district permits heavy commercial services such as _ 26 full-service automotive repair, and establishments primarily engaged in construction and 27 specialized trade activities such as contractor offices, plumbing, heating and air 28 conditioning services, and similar uses that typically have a need to store construction 29 associated equipment and supplies within an enclosed structure or have showrooms 30 displaying the building material for which they specialize. Outdoor storage yards are 31 permitted with the requirement that such yards are completely enclosed or opaquely 32 screened. The C-5 district is permitted in accordance with the locational criteria for 33 uses and the goals, objectives, and policies as identified in the future land use element 34 of the Collier County GMP. 35 1. The following uses, as identified with a number from the Standard Industrial 36 Classification Manual (1987), or as otherwise provided for within this section are 37 permissible by right, or as accessory or conditional uses within the heavy 38 commercial district (C-5). 39 40 c. Conditional uses. The following uses are permissible as conditional 41 uses in the heavy commercial district (C-5), subject to the standards and 42 procedures established in section 10.08.00 43 1. Animal specialty services, except veterinary (0752, with outdoor 44 kenneling). 45 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 46 7999). 47 3. Bottle clubs. (All establishments engaged in the retail sale of 48 alcoholic beverages for on-premise consumption are subject to 49 the locational requirements of section 5.05.01.) 50 4. Child day care services (8351), provided: 14 l:12014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 * * * * * * * * * * * * 2 5. Communications (4812-4841) with communications towers that 3 exceed specified height, subject to section 5.05.09 4 6. Farm product raw materials (5153-5159). 5 7. Fuel dealers (5983-5989). 6 8. Homeless shelters. 7 9. Hotels and motels (7011, 7021, 7041 when located outside an 8 activity center.) 9 10. Correctional institutions (group 9223). 10 11. Kiosks. 11 12. Local and suburban passenger transportation (4131-4173). 12 13. Motion picture theaters, drive-in (7833). 13 14. Permitted uses with less than 700 square feet of gross floor area 14 in the principal structure. 15 15. Soup kitchens. 16 16. Transfer stations (4212, local refuse collection and transportation 17 only). 18 17. Packing Services (4783). 19 -1-718. Veterinary services (0741 & 0742, with outdoor,kenneling). 20 419. Any other heavy commercial use which is comparable in nature 21 with the foregoing list of permitted uses and consistent with the 22 purpose and intent statement of the district, as determined by the 23 board of zoning appeals pursuant to section 10.08.00 24 # # # # # # # # # # # # # 15 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 050814 DSACLDR.docx 5/8/2014 4:55:49 PM • I R 25 E I R 26 E I R 27 E • LEE COUNTY i -.,. NE . . risaw LEE CO Re, WI 1E1W ,,,, 0 .., \i:,A.,„jmap., =:11.1431 ... noon ., ., _ ..... mi . co °Iniall Ca EiMI I jig Y�� 1 1111011: _ -picot F e .I realm.® 1-ti.k 1 Y I I L C . � ' 1 .......r. i......„. . cr, — im IllE t-'''.4 WPM VeKkil. 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Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.03 Commercial Zoning Districts 4.06.02 Buffer Requirements 5.03.05 Caretaker Residences CHANGE: To fix a scrivener's error and remove the outdated Commercial Professional/Transitional (C-1/T)zoning district references from the LDC. REASON: The Commercial Professional/Transitional (C-1/T) zoning district was incorporated in the LDC pursuant to Ord. No. 91-102 and was codified in LDC section 2.2.12, See Attachment 1,page 2. In 2002, an LDC amendment replaced the Commercial Professional/Transitional (C-1/T) district with the Commercial Professional and General Office (C-1) district, See Attachment 2, page 2 and 3. This is the current title of the C-1 zoning district. Although the 2002 LDC amendment cycle removed all references to C-1/T from the Purpose and Intent in LDC Section 2.2.12, several references were missed in other LDC chapters. It is proposed the remaining references are deleted from the LDC. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, January 2014. Amend the LDC as follows: 2.03.03 Commercial Zoning Districts 1 A. Commercial Professional and General Office District (C-1). The purpose and intent of 2 the commercial professional and general office district C-1 is to allow a concentration of 3 office type buildings and land uses that are most compatible with, and located near, 4 residential areas. Most C-1 commercial, professional, and general office districts are .-. 5 contiguous to, or when within a PUD, will be placed in close proximity to residential 6 areas, and, therefore, serve as a transitional zoning district between residential areas 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commerical Zoning Dist.-Removing C1\2.03.03 A.C-1 Dst., 4.06.02 Buffer Reqs,5.03.05 Caretaker Res.-removing C1Treferences 05054.docx 5/7/2014 1:17:20 PM Text underlined is new text to be added. Bold text indicates a defined term 1 and higher intensity commercial zoning districts. The types of office uses permitted are 2 those that do not have high traffic volumes throughout the day, which extend into the 3 evening hours. They will have morning and evening short-term peak conditions. The 4 market support for these office uses should be those with a localized basis of market 5 support as opposed to office functions requiring inter-jurisdictional and regional market 6 support. Because office functions have significant employment characteristics, which are 7 compounded when aggregations occur, certain personal service uses shall be permitted, 8 to provide a convenience to office-based employment. Such convenience commercial 9 uses shall be made an integral part of an office building as opposed to the singular use 10 of a building. Housing may also be a component of this district as provided for through 11 conditional use approval. 12 1. The following uses, as identified with a number from the Standard Industrial 13 Classification Manual (1987), or as otherwise provided for within this section are 14 permissible by right, or as accessory or conditional uses within the C-1 15 commercial professional and general office district. 16 a. Permitted uses. 17 * * * * * * * * * * * * * 18 b. Accessory uses. 19 1. Uses and structures that are accessory and incidental to the 20 uses permitted as of right in the C-1, C 1/T district. # # # # # # # # # # # # # 4.06.02 Buffer Requirements 21 * * * * * * * * * * * * * 22 C. Table of buffer yards. 23 * * * * * * * * * * * * * 24 Table 2.4 Table of Buffer Requirements by Land Use Classifications Adjacent Properties Zoning District and/or Property Use Subject Property's District/Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.Agriculture(A1) B B B B B A A AA D A - A 2. Residential (E, RSF) single-family A A B B B B B C B * D B - C 3. Residential (RMF-6, RMF-12, RMF-16) multifamily A B A A A B B B B * D B - C 4. Residential tourist(RT) A B A A B B A B B * D B - B 5. Village residential (VR) A A B B A B B B B * D B - B 6. Mobile home (MH) A B B B B A B B B * D B B B 7. Commercial3(C-1, C-1/T, C-2, C-3, C-4, C-5); A B B B B B A A A * D B B B Business Park (BP) 8. Industrial2(I) A C B B B B A A2 A * D B B B 9. Public use(P), community facility(CF), Golf Course A B B B B B A A A * D B - C Clubhouse,Amenity Center 10. Planned unit development(PUD) * * * * * * * * * * D * * * 1 1. Vehicular rights-of-way D D D D D D D D DD - B - D 12. Golf course maintenance building B B B B B B B B BB B A B C 13. Golf course - - - B - C 14.Automobile service station A C C B B B B B C * D C C D # # # # # # # # # # # # # 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commerical Zoning Dist.-Removing C1\2.03.03 A.C-1 Dst., 4.06.02 Buffer Reqs,5.03.05 Caretaker Res.-removing C1Treferences 05054.docx 5/7/2014 1:17:20 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 5.03.05 Caretaker Residences 3 4 The County Manager or designee may authorize the construction of a caretaker's residence in 5 the C-14, C-2, C-3, C-4, C-5, and I zoning districts subject to the following: 6 A. The residence shall be constructed as an integral part of the principal structure and 7 shall be entered from within the principal structure. Exits required to comply with fire 8 code shall be permitted. 9 B. The caretaker's residence shall be an accessory use and shall be for the exclusive use 10 of the property owner, tenant, or designated employee operating or maintaining the 11 principal structure. 12 C. Off-street parking shall be as required for a single-family residence in accordance with 13 section 4.04.00 14 D. Any other requirement which the County Manager or designee determines necessary 15 and appropriate to mitigate adverse impacts of such use in the district. 3 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commerical Zoning Dist.-Removing C1\2.03.03 A.C-1 Dst., 4.06.02 Buffer Reqs,5.03.05 Caretaker Res.-removing C1 Treferences 05054.docx 5/7/2014 1:17:20 PM A! =R► 91-102 !. e.; ,„� ,; p ORDINANCE NO. - Attachment 1 itl." ` • , . , ORDINANCE ENACTING AND ESTABLISHING A LAND tA ,'•J 'EVELOPMENT CODE FOR UNINCORPORATED COLLIER COUNTY, v71, . 4, LORIDA PURSUANT TO THE LOCAL GOVERNMENT ^ .'.. :. `9JSE,tC�`£pgg COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ,, REGULATION ACT, AND CHAPTERS 9J-5 AND 9J-24, FLORIDA ADMINISTRATIVE CODE. PROVIDING FOR SECTION ONE FINDINGS; PROVIDING FOR SECTION TWO SHORT TITLE AND CITATION; PROVIDING FOR SECTION THREE ENACTING AND ESTABLISHING A LAND DEVELOPMENT CODE WHICH PROVIDES FOR ARTICLE ONE, GENERAL PROVISIONS, RELATING TO LEGISLATIVE AUTHORITY, FINDINGS, PURPOSE AND INTENT, APPLICABILITY, INTERPRETATIONS, VESTED RIGHTS, NONCONFORMITIES, ENFORCEMENT, FEES, . LAWS INCORPORATED BY REFERENCE, AMENDMENTS TO THIS CODE, CONFLICT WITH OTHER LAWS, SEVERABILITY, REPEALER, AND CODIFICATION, EFFECTIVE DATE AND ENACTMENT; . PROVIDES FOR ARTICLE TWO, ZONING, RELATING TO GENERAL, ZONING DISTRICTS, PERMITTED USES, . CONDITIONAL USES, DIMENSIONAL STANDARDS, OFF-STREET • PARKING AND LOADING, LANDSCAPING AND BUFFERING, SIGNS, SUPPLEMENTAL DISTRICT REGULATIONS, AND ZONING ADMINISTRATION AND PROCEDURES; PROVIDES FOR ARTICLE THREE, DEVELOPMENT REQUIREMENTS, RELATING TO ,, GENERAL, SUBDIVISIONS, SITE DEVELOPMENT PLANS, EXPLOSIVES, EXCAVATION, WELL CONSTRUCTION, SOIL EROSION CONTROL, ENVIRONMENTAL IMPACT STATEMENTS (EIS) , VEGETATION REMOVAL PROTECTION AND PRESERVATION, SEA TURTLE PROTECTION, ENDANGERED THREATENED OR LISTED SPECIES PROTECTION, COASTAL ZONE MANAGEMENT, COASTAL CONSTRUCTION LINE VARIANCE, VEHICLE ON THE BEACH REGULATIONS, AND ADEQUATE v. PUBLIC FACILITIES; PROVIDES FOR ARTICLE FOUR, IMPACT FEES, RELATING TO ROAD IMPACT FEES, PARK AND RECREATIONAL IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEE, AND REGIONAL SEWER SYSTEM IMPACT FEE; PROVIDES FOR ARTICLE FIVE, DECISION-MAKING AND ADMINISTRATIVE BODIES, RELATING TO BOARD OF COUNTY COMMISSIONERS, PLANNING COMMISSION, BOARD OF ZONING APPEALS, BUILDING BOARD OF ADJUSTMENTS AND APPEALS, CODE ENFORCEMENT BOARD, • BUILDING CONTRACTORS' LICENSING BOARD, COUNTY MANAGER, GROWTH MANAGEMENT DEPARTMENT, COMMUNITY • DEVELOPMENT SERVICES DIVISION, DEVELOPMENT SERVICES DEPARTMENT, GROWTH PLANNING DEPARTMENT, HOUSING AND URBAN IMPROVEMENT DEPARTMENT; ENVIRONMENTAL ADVISORY • BOARD AND HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD CREATED AND ESTABLISHED; PROVIDES FOR ARTICLE SIX, DEFINITIONS, RELATING TO RULES OF CONSTRUCTION, ABBREVIATIONS AND DEFINITIONS; PROVIDING FOR SECTION • FOUR THAT THE LAND DEVELOPMENT CODE SETOUT HEREIN SHALL SUPERSEDE AND REPEAL ANY AND ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SECTION FIVE ADOPTION OF ZONING ATLAS MAPS; PROVIDING FOR SECTION SIX SEVERABILITY; AND PROVIDING FOR SECTION SEVEN EFFECTIVE DATE. . `.; Whereas, Chapter• 163, Part II, Florida Statutes also known 4.',,� as the Local Government Comprehensive Planning and Land 1;'' Development Regulation Act of 1985 and Chapter 9J-5, Florida r . ��•::' . Administrative Code mandates the adoption of land development -.- ■ 0494. Oi • • • -1- • '',L1,/!'?;:,'I!' t'Dfristcn 2.2 Zonln1_Q,rr1cvt.Prrn+1ncd Vies.Conditional VJrs.Dime-tutorial Standard( ' models. Said register shall be made available upon demand to the County Manager. In the event 1'•:, of owner/occupied lots within the TTRVC district, said owner is responsible for registering his .•(k' r.'. or her arrival and departure from their recreation residence with the manager of the TTRVC park. ` Failure to register will hold the owner responsible for penalties as herein provided.Failure of park • f';•'• owner/manager to provide said register,duly describing the persons whq have occupied a travel t,•.•-•.,,,,. trailer or park model trailer,and the duration of their occupancy shall be guilty of a misdemeanor , • and subject to the penalties provided by this Code. Any proprietor or manager who maintains a . t)•'•" t falsified register to allow persons to occupy a travel trailer or park model trailer within the TTRVC facility under their supervision and control for a period of time in excess of seven (7) Z.!,' t.:;;, • . • months shall be similarly guilty of a misdemeanor and subject to penalties as provided in this ,;; Code. ; 0 • }�1t 2.2.11.4.16 Flood Plant Elerafiorky. All travel trailers, park model travel trailers, recreational vehicles and . accessory structures shall meet flood plain elevation if permanently attached to the,ground or �' • utility facilities. <..'T-i ,.' '' ' `` 2.2.11.4.17 Anchoninz[SeIrlt,Water and Electrical Connections.Park model travel trailers when positioned • •,.4;11(t on a lot in this District must be anchored in accordance with the standards set forth in the Collier County Mobile Home District(MH)and TTRVC District and other applicable regulations and be -. i ''". connected to a public or private water and sewer system. Additionally,such units m t obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 1ti. ? t ,;•;• 1.2.11.4.15. Fluildina Permit.A building permit shall be required for any permitted use prior to water,sewer t or electric connection. i.^4•,...,-„ . 2.2.11.5 S gray. As required in Div.2.5• ;: SEC.21.12 COMMERCIAL PROFESSIONAL/FR SITIONAL DISTRICT(C-I/T)� ' ; 2.2.12,1 F'unaose and Intent.The provisions of this district are intended to apply to areas located adjacent +. 'r�; to highways and arterial roads.The C-I Commercial Professional/Transitional District is intended 1:K yr, • to permit those uses which minimize pedestrian and vehicular traffic. Landscaping, controlled ; ;r• ingress and egress.and other restrictions are intended to minimize frequent ingress and egress to "i' the highway from abutting uses.The C-I District is designed to be compatible with all residential ' +•,,1J uses as well as residential uses located along arterials. This district is also intended to apply to f;''•t'• • those areas that are transitional,located between areas of higher and lower intensity development ',.': that are no longer appropriate for residential development. The uses in this district are intended ' as an alternative to retail and meet the intent of the C-I Commercial Professionsl/Transitional ' • i,, District.Those areas identified an transitional(T)shall be further noted on the zoning atlas as C- 1/T.This district is consistent with the locational criteria for commercial and the goals,objectives - ."� and policies as identified in the Future Land Use Element of the Collier County Growth ' a • Management Plan.The maximum density permissible in the Commercial Professional/Transitional . District and the Urban Mixed Use land use designation shall be guided, in part, by the Density l.- Rating System contained in the Future Land Use Element of the Collier County Growth Management Plan.The maximum density permissible or permitted in a district shall not exceed ,'• the density permissible under the Density Rati g System. it t 111 L49Qa,� 138 ~ t• Collier County 2-3) October 30.1991 y t 2 '".jy lard Development Cade •• t• r,•.VAt y '•"�,. �,` ,r•, .win 0 Is mil . r on.iHnna(Use •rmensiona! foredo • } '1 •T' . 2.2,12.2 Permitted Uses,The following uses, as identified with a number from the Standard Industrial , "+ Classification Manual(1987),or as otherwise provided for within this Section,are permitted as ysy •••�, • of right, or as uses accessory to permitted uses in the C-1 Commercial Professional/Transitional 4 v"....K file'..• District. .. • 1.;'1'- ' 1 -' 4' rA. 2.2.12.2.1 Pamilled Uses: • ..M1 t; t t } 1. Accounting,Auditing and Bookkeeping Services(8721) • .. .t' 2. Automobile Parking(7521) •. ..',,., ''G 3. Business Services(groups 7311,7313,7322-7331,7338,7361,7371,7372,7374-7376, -:1'` *.n 7379) •,`. " 4. Child Day Care Services(8351) t •°'' . 5. Group Care Facilities(Category I rend II); Care Units;and Nursing Homes; subject to '``"r-, Sec. 2.6.26. A ft-4-0 S. Engineering,Architectural, and Surveying Services(groups 8711-8713) ;,,,r; 7. Insurance Carriers, Agents and Brokers(groups 6311-6399,6411) •`,'; 8. Legal Services(8111) fi 9. Management and Public Relations Services(groups 8741-8743,8748) €ix:; 10. Miscellaneous Personal Services(7291) '_ 11. Museums and Art Galleries(8412) 0':c1 +r 12. Nondepository Credit Institutions(groups 6141-6163) l Y, rti, 13. Rest Estate(groups 6531-6541) ,t. •;•••,,-. • 14. Any other commercial use of professional services which is comparable in nature with the foregoing uses. ell 2.2.12.2.2 Uses Accessory,To Permitted Uses, •tfak,is 1• Uses and stri.cturts that are accessory and incidental to the uses permitted as of right in ► .`n•-2 . Caretakers resideence,csubject to Sec. 2.6.16. r i? K 2.2.12.3 �d Uses. The following uses are permissible as conditional uses in the Commercial 4 R 0r Professional/Transitional District(C-1,C-1/T),subject to the standards and procedures established -'s ptr. in Div. 2.7.4. VC 1. Civic, Social and Fraternal Associations(8641) • :.1.1.' .. 2. Depository Institutions(groups 6011-6099) • 1 Educational Services(8211-8231) ■.3" ''R; +. 4.. Health Services(8011-8049) • :d `1(- 5. Increased building height to a maximum of fifty feet(50') • , 6. Mixed residential and commercial uses subject to the following criteria: ' , • a. A site development plan is approved pursuant to Div. 3.3 that is designed to - protect the character of the residential uses and of the neighboring lands; :e'+' b. The commercial uses in the development may be limited in hours of operation, '-. a, size of delivery trucks,and type of equipment; f . �I O49 ,E 139 -. . .1',.} Count,• Confer Co +y 7-34 (ember JO.1991 , k '• Land Dewisprnens Code t . 7, S. 4, 4. r • . -.,, • 1 •,.....,,,,1:„ .:_ µ. , • • tt.,,,,,,, , . ....„,„.„...,,......, ,..:+� •,i_________ ,.......,........._ y''•;• !,,!'. Division 2.2 Zoning Plerrictr•Permitted Vie:.Condit',,at thee.Dlmenefrmel S1e,,derdr I , }`'1. c. The residential uses are designed so that they are compatible with the ,y"tL•rTF:'• • commercial uses; 9 ' d. Residential dwelling units are located above principle uses; # ,fi. •! e. Residential and commercial .toes do not occupy the same floor of a • '>y' • • building; ' f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-1/T District,together with the specific requirement that in no $• °' instance shall the residential uses exceed fifty percent(50%)of the gross floor area of the building or the density permitted under the Growth Management 0 i Plan; g. Building height may not exceed two(2)stories; ■ h. Each residential dwelling unit shall contain the following minimum floor areas: Ir}. efficiency and one bedroom — four hundred fifty(450)sq.ft.; two bedroom = o six hundred fifty(650)sq.ft.; three bedroom = nine hundred(900)sq.ft.; eel...•; i. The residential dwelling units shall be restricted to occupancy by the owners or ,' lessees of the commercial units below; j. A minimum of thirty percent (30%) of the mixed use development shall be !( maintained as open space.The following may be used to satisfy the open space _ areas aru used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious Surface or used for parking (parking lot islands may not be used unless existing native tt •• vegetation is maintained); .t:::' k. The mixed commercial/residential structure shall be designed to enhance '• compatibility of the commercial and residential uses through such measures as, .,0,;.`.... not limited to,minimizing noise associated with commercial uses;directing I}•� �± commercial lighting away from residential units;and separating pedestrian and -• vehicular access ways and parking areas from residential units, to the greatest ,3 .< extent possible. y �'; 7. Nursing and Personal Care Facilities(8082)• 8. Personal Services(7261) 9. Religious Organizations(8661) ti, {"= .2.2.12.4 Dimensional Standards, The following dimensional standards shall apply in the C-1, C-1/T '+` District. ' i• ` 'f.•:-...2.2.12.4.I Mlnimtan l.ot Ares. Twenty thousand(20,000)sq. ft. • If at ,.' 1.,,‘ P ,a 22.12.4.2 Minimum J.,ot Width. One hundred(100')feet. • > •,, 4;•:.••2.2.12.4.3 Minimum Yard Requirement: • • 1. front Yard-Twenty five feet(25') - •• `: it,.:q 2. Side Yard -Fifteen feet(15') y" ,4• 3. Bear Yard Fifteen feet(IS') '`z•` f`' 4. Minimum Yard R r,.,9��t.-: •• rf' Requirement Frtrm_gaY Rtaideitliallr Zoned�r Used Property. ?• Twenty five feet(25'). •l; ' t• ' _• E 04.9 l:140 t. r Collier Cannot - 2-35 October 30,199/ 'rt'` •_ Pert Drwlopn'enr Code t li r11{•• iriti r • '1 . _ t. ' . 1, t,":".•. •y a,.. ,•s.�'Z.I .u..•.. s.n r .y" Ill : :r ••',foetal r r .On ruh,nol ',Ida • �, .• ' t`''i 2.2.12.4.4 Maximum Height of Structures: Thirty five feet(35') ■ t ".+r1{,,'•'" ' 2.2.12.4.5 i imtan Floor Area of Principal St_ruc_ture: One thousand(1,000)sq. ft. for each building on the ground floor. . `�•. r'tL 2.2.12.4.6 Maximum Lot Corerttge: [RESERVED] t 7rt. '-',* - 2.2.12.4.7 floor Area Ratio: [RESERVED] " -#..`.:: 2.2.12.4.5 Mjpimum Off-Street Parkirut and Off-Street Loading. As required in Div. 2.3. • •• .A. ', 2.2.12.4.9 Landscaping. As required in Div.2.4. .it ',..;:: 1!.::` 2.2.12.4.10 Lighting,The maximum height of lights sh:tl1 be twenty-five feet (25'). Lights shall be located ,$',S1'' so that no light is aimed directly toward a property designated residential,which is located within i`.l#"'; two hundred feet(200')of the source of the light. ,4,:. , 2.2.12.5 Signs,As required in Div.2.5. • #-. ...•', 2.2.12.6 Additional Standards for C-l/T. The following standards shall apply to the C-IR District in .'4 addition to the corresponding standards indicated above. These requirements are mandated in the , t Future Land Use Element of the Growth Management Plan. N: r,. n�v" t •2.2.12.6.1 Maximum Lot Width. Two hundred feet(200'). . •. 2.2.12.6.2 M Floo aximum r re Aa. Twenty five thousand(25,000)square feet. • .'"41::"• 2.2.12.6.3 Trarnc Gtner'ation. The proposed use must not generate in excess of ten percent (10%)of the , lwt• average daily traffic on abutting streets. • {x ^ SEC.2.2.13 COMMERCIAL, CONVENIENCE DISTRICT(C-21. aY `• .2.113.1 Purpose and Intent.The purpose and intent of the Commercial Convenience District is to provide he' lands where commercial establishments may be located to provide the small scale shopping and ' @ "'! personal needs of the surrounding residential land uses within convenient travel distance. It.is ' intended that the C-2 District implements the Collier County Growth Management Plan within those areas designated Agricultural/Rural; Estates Neighborhood Center District of the Golden ' ti,'" Gate Master Plan;the Neighborbood'Center District of the Immokalce Master Plan;and the Urban 'w,' • Mixed Use District of the Future Land Use Element permitted in accordance with the locational , criteria for commercial and the goals,objectives and policies as identified in the Future Land Use ;; Attachment 2 "261b4 ORDINANCE NO.02- 0 3 i PAM] AN ORDINANCE AMENDING ORDINANCE NUMBER 91-1 X IIMM AS AMENDED, THE COLLIER COUNTY LAN n=RV d DEVELOPMENT CODE, WHICH INCLUDES T �j. 44, COMPREHENSIVE REGULATIONS FOR THE ',11101,3111' 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 SPCIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING THE ADOPTION OF THE IMMOKALEE NON-CONFORMING MOBILE HOME PARK OVERLAY DISTRICT, THE ADOPTION OF THE ACTIVITY CENTER # 9 OVERLAY DISTRICT, AND THE ADOPTION ON INTERIM ZONING CONTROLS IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT LOCATED IN THE VANDERBILT BEACH AREA,AND AMENDMENTS TO THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT, IMMOKALEE OVERLAY DISTRICT, SANTA BARBARA COMMERCIAL OVERLAY DISTRICT AND BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.5. SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES;ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLAN DIVISION 3.5, EXCAVATION; DIVISION 3.6, WEL ° CONSTRUCTION; DIVISION 3.16 GROUNDWATER' PROTECTION; ARTICLE 6. DEFINITIONS, DIVISION 6. 4 i DEFINITIONS, INCLUDING BUT NOT LIMITED TO THe m r- DEFINITIONS FOR THE TERMS FRONT YARD, RIGHT-Old=' b rn WAY AND TRACT; SECTION FOUR; READOPTION OF LANTVT DEVELOPMENT CODE AMENDMENTS, MORID .. SPECIFICALLY READOPTING THE FOLLOWING ARTICLE m ul ZONING DIVISION 2.2, ZONING DISTRICTS, PERMITTEtT USES, CONDITIONAL USES, DIMENSIONAL STANDARDS; AND DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; SECTION FIVE, ADOPTION OF AMENDED ZONING ATLAS MAP; SECTION SIX, REPLACEMENT OF APPENDIX C ENTITLED FINAL SUBDIVISION PLAT REQUIRED CERTIFICATIONS WITH A REVISED EXHIBIT C; SECTION SEVEN, CONFLICT AND SEVERABILITY; SECTION EIGHT, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION NINE, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended;and WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1.,LDC;and Words struelt-through are deleted,words underlined are added. 1 • DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS * * * * * * * * * * * Sec.2.2.2. Rural agricultural district(A). * * * * * * * * * * * 2.2.2.2.1. Permitted uses. * * * * * * * * * * * 9. Essential services,as set forth in section 2.6.9.1. 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. * * * * * * * * * * * 26. Essential services,as set forth in section 2.6.9.2. Sec.2.2.3. Estates district(E). * * * * * * * * * * * 2.2.3.2.1. Permitted uses. * * * * * * * * * * * 3. Essential services,as set forth in section 2.6.9.1. n 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district(E),subject to the standards and procedures established in division 2.7.4: * * * * * * * * * * * 7. Extraction or earthmining,and related processing and production not incidental to the development of the property subject to the following criterion. a. -- •• - --. :- : - .. '--. -- : : :- -• '- '--. The site area shall not exceed 20 acres. 8. Essential services,as set forth in section 2.6.9.2. Sec.2.2.12. Commercial professional and eeneral office district(C-1) 2.2.12.1. Purpose and intent. • . . _. . . . . Words struek-dfeugh are deleted,words underlined are added. 4 - The C-1 commercial professional and general office district is intended to allow a concentration of office type buildings and land uses that are most compatible with, and located near,residential areas. Most C-1 commercial professional and general office districts are contiguous to.or when within a PUD will be placed in close proximity to residential areas,and therefore serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day,which extend into the evening.hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter jurisdictional and regional market support. Because office functions have significant employment characteristics,which are compounded when aggregations occur,certain personal service uses shall be permitted,to provide a convenience to office-based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. * * * * * * * * * * * 2.2.12.4.3. Minimum yard requirements. 1. Front yard. 25 feet, . - •.. . •- ..' . •: •• - . •. , - 2. Side yard. 15 feet. e•- .. . •- .. .. : -- : . .. . . : . -. 3. Rear yard. 15 feet, . - . -- ..' . .: •-•- . . . _. * * * * * * * * * * * Sec.2.2.13. Commercial convenience district(C-2). 2.2.13.1. Purpose and intent.The purpose and intent of the commercial convenience district(C- 2)is to provide lands where commercial establishments may be located to provide the small scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However,the intent of this district is that retail and service uses by of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis,as opposed to those goods and services that households seek for the most favorable economic price and therefore require much larger trade areas. It is intended that the C-2 district implements the Collier County growth management plan within those areas designated agricultural/rural;estates neighborhood center district of the Golden Gate Master Plan;the neighborhood center district of the Immokalee Master Plan;and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals,objectives and policies as identified in the future land use element of the Collier County growth management plan.The maximum density permissible in the commercial convenience district and the urban mixed use land use designation shall be guided,in part,by the density rating system contained in the future land use element of the Collier County growth management plan.The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. Words am:tele-through are deleted,words underlined are added. 5 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Mike Bosi, AICP, Director DEPARTMENT: Planning &Zoning AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.03 Commercial Zoning Districts CHANGE: To allow for existing structures in the Commercial Two and Three (C-2 & C-3) Zoning Districts that exceed square footage allowances for specific permitted uses to be occupied by C-2 and C-3 permitted uses with equal or greater square footage without the need for a conditional use application and public hearing. REASON: The issue centers upon existing structures within these zoning districts that exceed the permitted square footage allowances that have been vacant for a period of over a year. In July of 2012, the Board as part of the LDC amendment process increased the time frame a Conditional Use could remain vacant before that Conditional Use expired from one hundred and eighty (180) days to one year. At the end of this one-year period any use that had similar square footage limitations that sought to occupy the structure would require a new Conditional Use. The LDC currently has no provision to allow that existing structure to be occupied by right by a similar use. During the March 12, 2013 Board Public Hearing, under agenda item 11.A., the Board provide direction to staff to "allow for the former Rex Electronics building located at 4436 Tamiami Trail East, Naples, Florida 34112 to be occupied by a proposed sporting goods apparel store as a permitted use and to bring back an LDC amendment to allow for existing structures that exceed square footage limitations of the C-2 and C-3 zoning districts for specific uses to be occupied by similar uses that have equal square footage limitations by right." This amendment will fulfill that specific Board directive. FISCAL & OPERATIONAL IMPACTS: The immediate fiscal impact will be experienced by the owner of the parcel of land with the existing vacant structure. With the amendment, no longer will the cost (potentially $10,000 or more) of a conditional use application and public hearing be required. Additionally, the amendment will allow for an inactive parcel of land to reintegrate within the overall economic mix of the County. RELATED CODES OR REGULATIONS: Land Development Code GROWTH MANAGEMENT PLAN IMPACT: No discernable impact. DSAC-LDR RECOMMENDATION: • Recommend that the square footage standards for all of the uses in the commercial zoning districts are addressed. 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 B Commercial Zoning Dist.-Existing Structures\2.03.03 B Commercial Zoning District_existing structures 050514 DSACLDR.docx 5/7/2014 1:18:53 PM Text underlined is new text to be added. Bold text indicates a defined term OTHER NOTES/VERSION DATE: Prepared by Mike Bosi and Caroline Cilek. Amend the LDC as follows: 1 2.03.03 Commercial Zoning Districts 2 3 B. Commercial Convenience District (C-2). The purpose and intent of the commercial 4 convenience district (C-2) is to provide lands where commercial establishments may be 5 located to provide the small-scale shopping and personal needs of the surrounding 6 residential land uses within convenient travel distance except to the extent that office 7 uses carried forward from the C-1 district will expand the traditional neighborhood size. 8 However, the intent of this district is that retail and service uses be of a nature that can 9 be economically supported by the immediate residential environs. Therefore, the uses 10 should allow for goods and services that households require on a daily basis, as 11 opposed to those goods and services that households seek for the most favorable 12 economic price and therefore, require much larger trade areas. It is intended that the C- 13 2 district implements the Collier County GMP within those areas designated 14 agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; 15 the neighborhood center district of the Immokalee Master Plan; and the urban mixed 16 use district of the future land use element permitted in accordance with the locational 17 criteria for commercial and the goals, objectives, and,policies as identified in the future 18 land use element of the Collier County GMP. The maximum density permissible in the 19 C-2 district and the urban mixed use land use designation shall be guided, in part, by the 20 density rating system contained in the future land use element of the Collier County 21 GMP. The maximum density permissible or permitted in a district shall not exceed the 22 density permissible under the density rating system. 23 1. The following uses, as identified with a number from the Standard Industrial 24 Classification Manual (1987) or as otherwise provided for within this section are 25 permissible by right, or as accessory or conditional uses within the C-2 26 commercial convenience district. 27 a. Permitted uses. 28 29 75. An existing lawful structure over 1,800 sq. ft. as of[effective date 30 of this ordinance] may be occupied by any C-2 permitted use with 31 a 1,800 sq. ft. or greater limitation. 32 33 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 34 intermediate district (C-3) is to provide for a wider variety of goods and services intended 35 for areas expected to receive a higher degree of automobile traffic. The type and variety 36 of goods and services are those that provide an opportunity for comparison shopping, 37 have a trade area consisting of several neighborhoods, and are preferably located at the 38 intersection of two-arterial level streets. Most activity centers meet this standard. This 39 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning 40 districts typically aggregated in planned shopping centers. This district is not intended 41 to permit wholesaling type of uses, or land uses that have associated with them the need 42 for outdoor storage of equipment and merchandise. A mixed-use project containing a 43 residential component is permitted in this district subject to the criteria established 44 herein. The C-3 district is permitted in accordance with the locational criteria for 45 commercial and the goals, objectives, and policies as identified in the future land use 2 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 B Commercial Zoning Dist.-Existing Structures\2.03.03 B Commercial Zoning District_existing structures 050514 DSACLDR.docx 5/7/2014 1:18:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 element of the Collier County GMP. The maximum density permissible in the C-3 district 2 and the urban mixed use land use designation shall be guided, in part, by the density 3 rating system contained in the future land use element of the Collier County GMP. The 4 maximum density permissible or permitted in the C-3 district shall not exceed the 5 density permissible under the density rating system. 6 1. The following uses, as identified with a number from the Standard Industrial 7 Classification Manual (1987), or as otherwise provided for within this section are 8 permissible by right, or as accessory or conditional uses within the commercial 9 intermediate district (C-3). 10 a. Permitted uses. 11 * * * 12 75. An existing lawful structure over 5,000 sq. ft. as of[effective date 13 of this ordinances may be occupied by any C-3 permitted use with 14 a 5,000 sq. ft. or greater limitation. 15 # # # # # # # # # # # # # 3 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 B Commercial Zoning Dist.-Existing Structures\2.03.03 B Commercial Zoning District_existing structures 050514 DSACLDR.docx 5/7/2014 1:18:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.03 Commercial Zoning District 2.03.04 Industrial Zoning District CHANGE: To broaden the "Physical Fitness Facility (7991)" use and allow Dance Studios and similar types of instruction (7911) as a permitted use in the Commercial Intermediate (C-3) and Industrial Zoning Districts. Currently, within the C-3 zoning district SIC (7911) is a conditional use; however, Physical Fitness (7991) is a permitted use. To be consistent, it is proposed that dance instruction is relocated to the permitted uses. In addition, to add "Miscellaneous services" (8999) use to the Industrial Zoning District as a permitted use. Commercial Intermediate(C-3)7911: Dance Studios, Schools, and Halls Establishments primarily engaged in operating dance studios, schools, and public dance halls or ballrooms. Establishments primarily engaged in renting facilities used as dance halls or ballrooms are classified in Real Estate, Industry 6512. (Strikethrough coveys use to be excluded from zoning district) • Ballroom operation • Children's dancing schools • Dance hall operation • Dance instructors • Dance studios and schools • Discotheques, except those serving alcoholic beverages • Professional dancing schools Industrial Zoning District: "Amusement and Recreation Services, Not Elsewhere Classified (7999)" Establishments primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, riding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primarily engaged in showing or handling animals 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.04 Industrial Dist._adding Miscellaneous services and Physical Fitness facilities 7999 050614.docx 5/7/2014 4:35:20 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term at shows or exhibitions are classified in Agricultural Services, Industry Group 075. (Underlying coveys uses to be added to zoning district) • Aerial tramways, amusement or scenic • Amusement concessions • Amusement rides • Animal shows in circuses, fairs, and carnivals • Archery ranges, operation of • Astrologers • Baseball instruction schools • Basketball instruction schools • Bath houses, independently operated • Bathing beaches, public • Betting information services • Billiard parlors • Bingo parlors • Boat rental,pleasure • Boats, party fishing: operation of • Bookies • Bookmakers, race • Bowling instruction • Bridge club, nonmembership • Bridge instruction • Cable lifts, amusement or scenic: operated separately from lodges • Canoe rental • Card rooms • Carnival operation • Cave operation • Circus companies • Concession operators, amusement devices and rides • Day camps • Exhibition operation • Exposition operation • Fairs, agricultural: operation of • Fireworks display service • Fishing piers ant lakes, operation of • Fortune tellers • Gambling establishments not primarily operating coin-operated • Gambling machines, except coin-operated operation of • Game parlors, except coin-operated 2 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.04 Industrial Dist._adding Miscellaneous services and Physical Fitness facilities 7999 050614.docx 5/7/2014 4:35:20 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term • Games, teaching of • Gocart raceway operation • Gocart rentals • Golf courses, miniature operation of • Golf driving ranges • Golf professionals not operating retail stores • Golf, pitch-n-putt • Gymnastics instruction • Handball courts, except membership club • Horse shows • Houseboat rentals • Hunting guides • Ice skating rink operation • Judo instruction • Karate instruction • Lifeguard service • Lotteries, operation of • Lottery club and ticket sales to individuals • Moped rental • Motorcycle rental • Natural wonders,tourist attraction: commercial • Observation tower operation • Off-track betting • Pack trains for amusement • Parachute training for pleasure • Phrenologists • Picnic grounds operation • Ping pong parlors • Pool parlors • Racquetball courts, except membership clubs • Rental of beach chairs and accessories • Rental of bicycles • Rental of golf carts • Rental of rowboats and canoes • Rental of saddle horses • Riding academies and schools • Riding stables • River rafting, operation of • Rodeo animal rental 3 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.04 Industrial Dist._adding Miscellaneous services and Physical Fitness facilities 7999 050614.docx 5/7/2014 4:35:20 PM Text underlined is new text to be added. Bold text indicates a defined term • Rodeos, operation of • Roller skating rink operation • Scenic railroads for amusement • Schools and camps, sports instructional • Scuba and skin diving instruction • Shooting galleries • Shooting ranges, operation of • Skating instruction, ice or roller • Skeet shooting facilities, except membership clubs • Ski instruction • Ski lifts, cable lifts, and ski tows operated separately from lodges • Ski rental concessions • Slot-car racetracks • Sporting goods rental • Sports instructors, professional: golf, skiing,swimming,etc. • Sports professionals • Swimming instruction • Swimming pools, except membership • Tennis clubs, nonmembership • Tennis courts, outdoor and indoor operation of,nonmembership • Tennis professionals • Ticket sales offices for sporting events, contract • Tourist attractions,natural wonder commercial • Tourist guides • Trampoline operation • Trapshooting facilities, except membership club • Waterslides, operation of • Wave pools, operation of • Wax figure exhibitions • Yoga instruction "Miscellaneous services (8999)." This SIC code, referred to as "Services, Not Elsewhere Classified" by the U.S. Department of Labor includes the following uses. • Authors, Artists, and Related Technical Services, Independent • Record Production • Scientific and Related Consulting Services • Music Publishing • Actuarial Consulting • All Other Information Providers • Environmental Consultants 4 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.04 Industrial Dist._adding Miscellaneous services and Physical Fitness facilities 7999 050614.docx 5/7/2014 4:35:20 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term REASON: The proposed addition of "Physical fitness facilities (7999)"originates with the several Staff Memos, dating to 2002. In 2002, it was originally determined that the Industrial allowed for "physical fitness facilities, aerobic dance, fitness salons, and gymnasiums (SIC group 7991)." However, it further relayed that the zoning district did not allow for "dance studios (SIC group 7911)"or"karate,judo, or yoga instructions (SIC 7999). In 2003, the opinion was reversed and the identified that it was the intent of the LDC to allow for a "broad range of indoor activities relating to physical fitness" and that several uses were to be permitted in the Industrial zoning district. This included: • Physical fitness, aerobic dance and exercise classes, weight-reduction exercise classes, gymnasiums, health clubs (SIC 7991; any activity identified under this classification) • Dance studio, dance instruction, dance school only (SIC 7911; all other uses in this category are not permitted) • Martial arts (e.g. karate, judo), yoga, gymnastic instruction, gymnastic schools, indoor recreation involving physical exercise (e.g., handball, tennis, swimming, racquetball) only (SIC 7999; all other uses in this category are not permitted) • Further, any other comparable uses that are not identified above, but can be clearly identified as falling within the category of physical fitness as determined by the Zoning Director, will also be permitted. The proposed amendment clarifies that all of these uses are allowed by right within the Industrial zoning district. Further, for consistency within the LDC SIC 7911 is to be relocated from a conditional use in the C-3 zoning district and included within the "Physical fitness facility" use category in the permitted uses section. The relocation will align similar uses together within the zoning district. It is proposed that "Miscellaneous services (8999)" is included within the LDC to allow for independent artist studios in the Industrial Zoning District. The purpose and reason section of the Industrial Zoning code identifies that this district is to provide "...lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the Industrial district. Artist studios can be described as the on-site production of goods by hand manufacturing and the use of hand powered tools and small scale light mechanical equipment. If aligned with this description, this use is seen as having no negative external impacts on the surrounding properties. Further, the type of spaces sought for artist studio is comparable with the type of spaces, parking, and retail needs within the industrial district. As established in the LDC, 20 percent of the floor area may be dedicated to the retail sale of art wares. 5 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.04 Industrial Dist._adding Miscellaneous services and Physical Fitness facilities 7999 050614.docx 5/7/2014 4:35:20 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: There are no fiscal and operational impacts to the county. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, February 2014, March 25, 2014, May 6, 2014. Amend the LDC as follows: 1 2.03.03 Commercial Zoning District 2 * * * * * * * * * * * * 3 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 4 intermediate district (C-3) is to provide for a wider variety of goods and services intended 5 for areas expected to receive a higher degree of automobile traffic. The type and variety 6 of goods and services are those that provide an opportunity for comparison shopping, 7 have a trade area consisting of several neighborhoods, and are preferably located at the 8 intersection of two-arterial level streets. Most activity centers meet this standard. This 9 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning 10 districts typically aggregated in planned shopping centers. This district is not intended 11 to permit wholesaling type of uses, or land uses that have associated with them the need 12 for outdoor storage of equipment and merchandise. A mixed-use project containing a 13 residential component is permitted in this district subject to the criteria established 14 herein. The C-3 district is permitted in accordance with the locational criteria for 15 commercial and the goals, objectives, and policies as identified in the future land use 16 element of the Collier County GMP. The maximum density permissible in the C-3 district 17 and the urban mixed use land use designation shall be guided, in part, by the density 18 rating system contained in the future land use element of the Collier County GMP. The 19 maximum density permissible or permitted in the C-3 district shall not exceed the 20 density permissible under the density rating system. 21 1. The following uses, as identified with a number from the Standard Industrial 22 Classification Manual (1987), or as otherwise provided for within this section are 23 permissible by right, or as accessory or conditional uses within the commercial 24 intermediate district (C-3). 25 a. Permitted uses. 26 * * * * * * * * * * * * * 27 67. Photographic studios, portrait (7221). 28 68. Physical fitness facilities (7991; 7911, except discotheques). 29 [***Renumber existing 70-95 ***] 30 31 * * * * * * * * * * * * * 32 c. Conditional uses. The following uses are permissible as conditional 33 uses in the commercial intermediate district (C-3), subject to the 34 standards and procedures established in sections 4.02.02 and 10.08.00, 35 * * * * * * * * * * * * * 36 6. Dance-Studies, schools and halls (7911) 37 [***Renumber existing 7-24 ***] 38 # # # # # # # # # # # # # 39 6 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.04 Industrial Dist._adding Miscellaneous services and Physical Fitness facilities 7999 050614.docx 5/7/2014 4:35:20 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 2 3 2.03.04 Industrial Zoning District 4 * * * * * * * * * * * * * 5 A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands 6 for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 7 Service and commercial activities that are related to manufacturing, processing, storage 8 and warehousing, wholesaling, and distribution activities, as well as commercial uses 9 relating to automotive repair and heavy equipment sales and repair are also permissible 10 in the I district. The I district corresponds to and implements the industrial land use 11 designation on the future land use map of the Collier County GMP. 12 1. The following uses, as identified within the Standard Industrial Classification 13 Manual (1987), or as otherwise provided for within this section, are permitted as 14 a right, or as accessory or conditional uses within the industrial district (I). 15 a. Permitted uses. 16 * * * * * * * * * * * * * 17 33. Miscellaneous repair services (7622-7699) with no associated 18 retail sales. 19 34. Miscellaneous services (8999). 20 3435. Motor freight transportation and warehousing (4212, 4213-4225, 21 4226 except oil and gas storage, and petroleum and chemical bulk 22 stations). 23 3536. Outdoor storage yards pursuant to the requirements of section 24 4.02.12 25 3637. Paper and allied products (2621-2679). 26 3-738. Physical fitness facilities (7991)., (7911 except Discotheques, 27 7991, 7999 limited to baseball instruction, basketball instruction, 28 gymnastics instruction, ludo instruction, karate instruction, and 29 yoga instruction,). 30 [***Renumber existing 39-54 ***] 31 # # # # # # # # # # # # # 7 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.04 Industrial Dist._adding Miscellaneous services and Physical Fitness facilities 7999 050614.docx 5/7/2014 4:35:20 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Mike Bosi, AICP, Director DEPARTMENT: Planning & Zoning AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.07 Overlay Zoning Districts CHANGE: To extend the early entry bonus for the Rural Fringe Mixed Use District Transfer of development Rights (TDR)program an additional three years to March 27, 2015. REASON: As part of the Board adopted 2011 Evaluation and Appraisal Report (EAR) and subsequent EAR-based Growth Management Plan amendments, the Board extended the early entry date for the early entry bonus TDR credit an additional three years to March 27, 2015. The EAR report was adopted by the Board on January 31, 2011 through Resolution#2011-24 and the EAR based GMP amendments were adopted on January 8, 2013 through Ordinance #2013-15. While the early entry date was extend through Ordinance#2013-15, the Land Development Code (LDC) has not been updated to reflect the early entry bonus date change initiated within the 2011 EAR report. The proposed LDC amendment will align the early entry bonus TDR expiration date within the LDC with the amended date in the Future Land Use Element(FLUE) of the GMP. FISCAL & OPERATIONAL IMPACTS: There are no identified fiscal impacts to the County. The extension of the early entry bonus will provide property owners in the sending land designation to gain an extra credit when severing TDRs, which is a positive fiscal impact. RELATED CODES OR REGULATIONS: Land Development Code GROWTH MANAGEMENT PLAN IMPACT: No discernable impact. OTHER NOTES/VERSION DATE: Prepared by Mike Bosi, AICP, Director Amend the LDC as follows: 1 2.03.07 Overlay Zoning Districts 2 3 D. Special Treatment Overlay (ST). 4 5 4. Transfer of Development Rights (TDR). 6 7 f. Procedures applicable to the severance and redemption of TDR credits 8 and the generation of TDR Bonus credits from RFMU sending lands. 9 1 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 ii. In order to facilitate the County's monitoring and regulation of the 2 TDR Program, the County shall serve as the central registry for all 3 TDR severances, transfers (sales) and redemptions, as well as 4 maintain a public listing of TDR credits available for sale along 5 with a listing of purchasers seeking TDR credits. No TDR credit 6 generated from RFMU sending lands may be utilized to increase 7 density in any area unless the following procedures are complied 8 with in full. 9 10 b) TDR Bonus credits shall not be used to increase density 11 in either non-RFMU receiving areas or RFMU receiving 12 lands until a TDR credit certificate reflecting the TDR 13 Bonus credits is obtained from the County and recorded. 14 1) Early Entry Bonus credits. All TDR credit 15 certificates issued by the County for the period from 16 the effective date of this provision until March 27, 17 20125, unless further extended by resolution by the 18 Board of County Commissioners, shall include one 19 Early Entry Bonus credit or fractional Early Entry 20 Bonus credit for each TDR credit or fractional 21 TDR credit reflected on the TDR credit certificate. 22 Where TDR credits were severed from March 5, 23 2004, until the effective date of this provision, the 24 County shall, upon receipt of a copy of the TDR 25 credit certificate reflecting those previously 26 severed TDR credits, issue a TDR credit - 27 certificate entitling Early Entry Bonus credits equal 28 in number to the previously severed TDR credits. 29 # # # # . # # # # # # # # # 1� 2 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Natural Resources AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 3.05.05 Criteria for Removal of Protected vegetation CHANGE: 1. Amend LDC section 3.05.02 D.1, the Vegetation Removal Permit (VRP) exemption provisions for pre-existing uses within the Rural Fringe Mixed Use District, for consistency with 2011 EAR-based changes to the Conservation and Coastal Management Element(CCME)Policy 6.1.6. 2. Amend LDC section 3.05.02 G to add to the list of VRP exemptions the following: 1) hand removal of non-native vegetation, 2) installation of fire breaks by the Florida Forest Service or those reviewed and approved by the Florida Forest Service, and 3) removal of dead, dying or leaning trees within preserves which pose a safety concern. The permit requirement for mechanical removal of non-native vegetation has been relocated from 3.05.02 (Exemptions from Requirements for Vegetation Protection and Preservation)to 3.05.05 (Criteria for Removal of Protected Vegetation). 3. Amend LDC section 3.05.05 E which identifies the criteria for removal of protective vegetation, to remove the requirement for replacement with native vegetation when a VRP permit is issued for removal of non-native vegetation. 4. Remove in LDC section 3.05.05 M, the requirement for recording of conservation easements for early clearing/Early Work Authorizations (EWA) and require preserves to be surveyed prior to early clearing, in lieu of recording conservation easements. Identifying and protecting the boundaries of preserves, prior to clearing, will insure preserves are protected during early work. 5. Update LDC section cross references and name for the Florida Forest Service. Grammatical and other corrections. 6. Add the implementation of wildfire mitigation plans, approved by the Florida Forest Service, to the VRP section. 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3 05 02 D G 3 05 05 Exemptions Criteria for Removal of Protected Vegetation 050814.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term REASON: 1. Amend LDC section 3.05.02 D.1, the Vegetation Removal Permit (VRP) exemption for pre-existing uses within the Rural Fringe Mixed Use District, for consistency with 2011 EAR-based changes to CCME Policy 6.1.6. 2. The amendment to LDC section 3.05.02 G will add the following to the list of Vegetation Removal Permit (VRP) exemptions. a. Hand removal of non-native vegetation: As with prohibited exotic vegetation, there is no need to require permits for hand removal of non-native vegetation. Removal of prohibited exotic and non-native vegetation from undeveloped areas is beneficial to native vegetation, wildlife, and wetlands. The VRP permit requirement for mechanical removal of non-native and prohibited exotic vegetation has been relocated to LDC section 3.05.05 E. This will ensure wetlands, native vegetation, and listed species are protected from the effects of mechanical removal of exotic and non-native vegetation. Removal of planted landscape trees is not covered by this amendment and is addressed separately through the landscape section of the LDC. b. Installation of fire breaks: The Florida Forest Service (FFS) is charged with protecting the public from forest fires. The installation and maintenance of fire breaks, during and prior to fire, is needed to perform this duty. Therefore, fire breaks that are installed by the FFS or reviewed and approved by the FFS as part of a wildlife mitigation plan are exempt from obtaining a vegetation removal .-. permit. c. Removal of dead, dying, or leaning trees within preserves for safety concerns: A vegetation removal permit is no longer required to remove dead, dying, or leaning trees within preserves which pose a safety concern. The exemption was previously added to the preserve management plan subsection and needs to also be included as a VRP exemption. 3. The proposed amendment to LDC section 3.05.05. E, which identifies criteria for the removal protected vegetation, eliminates the requirement for replacement with native vegetation when a VRP permit is issued for removal of non-native vegetation. Replacement with native vegetation is only required in preserves and only where planting is needed to restore the preserve. 4. The proposed amendment to LDC section 3.05.05. J, regarding the removal of vegetation to implement wildfire mitigation plans reviewed and approved by the Florida Forest Service is designed for Firewise measures distinct from fire breaks. For example, a permit would be required for implementing Firewise measures, such as thinning out vegetation around a home and installing Firewise vegetation as described in Chapter 7 of the "Wildfire Risk Reduction In Florida: Home, Neighborhood, and Community Best Practices" guide, published by the Florida Department of Agriculture and Consumer Services, Division of Forestry, 2010. 5. The proposed amendment to LDC section 3.05.05 M which identifies the criteria for early clearing as part of a final review of a SDP, SIP or PPL, eliminates the requirement 2 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3 05 02 D G 3 05 05 Exemptions Criteria for Removal of Protected Vegetation 050814.docx Text underlined is new text to be added. Bold text indicates a defined term for recording of conservation easements for early clearing. Recording of conservation easements are required during SDP, SIP or PPL, and are not needed for early clearing/EWAs. Recording of conservation easements take time and slow down the early clearing/Early Work Authorization (EWA) process. Requiring preserves to be surveyed with protective barriers installed along the boundary of preserves prior to clearing, in lieu of recording conservation easements, will insure preserves are protected during early work. Additional costs will not be incurred, as surveys and legal descriptions for preserves are still required for the SDP, SIP or PPL. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will improve the Early Work Authorization permit process. Review of conservation easements will occur at time of SDP, SIP or PPL. Since surveys and legal descriptions are already required for conservation easements, additional cost will not be incurred by the developer by requiring these at time of early clearing/Early Work Authorization (EWA). No additional cost or review time will occur on the part of the County. Elimination of unnecessary permits and permit requirements, will save time and expense on the part of the County and property owner. RELATED CODES OR REGULATIONS: 3.05.04 Vegetation Removal and Protection Standards 3.05.07 H Preserve Standards 4.06.04 A Vegetation Removal and Site Filling 4.06.05 General Landscaping Requirements 10.01.02 B Early Work Authorization (EWA) GROWTH MANAGEMENT PLAN IMPACT: Proposed changes to 3.05.02 D are a result of EAR-based changes Conservation and Coastal Management Element (CCME) Policy 6.1.6. The Policy is provided below in underline/strike through format. Policy 6.1.6: • - • - - - - .. - '. • .. . The minimum native vegetation retention requirements of CCME Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall be defined as: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional Use or Rezone petition was approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 — inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application was submitted prior to June 19, 2002. The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with, or clearly ancillary to, the existing uses. 3 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3 05 02 D G 3 05 05 Exemptions Criteria for Removal of Protected Vegetation 050814.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S (+/- 360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire+/- 360 acres. OTHER NOTES/VERSION DATE: Created April 25, 2014. Amended May 8, 2014 1 Amend the LDC as follows: 2 3 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 4 * * * 5 D. Pre-existing uses. The requirements of LDC subsection 3.05.07 C shall not apply to, 6 affect or limit the continuation of uses within the RFMUD which existed prior to June 19, 7 2002. No changes in location of preserves shall be required for projects identified by this 8 exemption. 9 1. Such existing uses shall include: those uses for which all required permits were 10 issued prior to June 19,2002; or projects for which a conditional use or Qvrrcezone 11 petition has been approved by the County prior to June 19, 2002; or projects for 12 which a Rezone petition has been approved by the County prior to June 19, 2002 13 — inclusive of all lands not zoned Rural Agricultural (A) or land use petitions for 14 which a completed application has been submitted and which have been 15 determined to be vested from the requirements of the Final Order prior to June 19, 16 2002. The continuation of existing uses shall include on-site expansions of those 17 uses if such expansions are consistent with or clearly ancillary to the existing 18 uses, 19 2. Such previously approved development shall be deemed to be consistent with 20 the GMP Goals, Policies and Objectives for the RFMU district, and they may be 21 built out in accordance with their previously approved plans. Changes to these 22 previous approvals shall also be deemed to be consistent with the GMP Goals, 23 Objectives and Policies for the RFMU district as long as they do not result in an 24 increase in development density or intensity. 25 * * * * * * * * * * * * * 26 G. A vegetation removal permit is not required for the following situations: 27 1. Removal of protected vegetation other than a specimen tree, when a site plan and 28 vegetation protection plans have been reviewed and approved by the County 29 Manager or designee as part of the final development order. 30 2. Removal of protected vegetation from the property of a Florida licensed tree 31 farm/nursery, where such vegetation is intended for sale in the ordinary course of 32 the licensee's business and was planted for the described purpose. 33 3. Removal of protected vegetation, other than a specimen tree, by a Florida 34 licensed land surveyor in the performance of his/her duties, provided such 35 removal is for individual trees within a swath that is less than three (3) feet in 36 width. 37 4. Removal of protected vegetation prior to building permit issuance, if the conditions 38 set forth in LDC section 4.06.04 A are met. 4 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3 05 02 D G 3 05 05 Exemptions Criteria for Removal of Protected Vegetation 050814.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 5. Hand removal of prohibited exotic and non-native vegetation. Mechanical 2 clearing See LDC section 3.05.05 for mechanical removal of prohibited exotic 3 and non-native vegetation -_ -. . - _ . -e- _ -• • _ _ ••. . Mechanical 4 clearing is defined as clearing that would impact or disturb the soil or sub soil 5 - - - - -- - - - -- 6 6. After a right-of-way for an electrical transmission line or public utility distribution 7 line has been established and constructed, a local government may not require 8 any clearing permits for vegetation removal, maintenance, tree pruning or 9 trimming within the established and constructed right-of-way. Trimming and 10 pruning shall be in accordance with LDC section 4.06.05 subsection 4.06.05 J.1 of 11 the-Bode. All needed environmental permits must be obtained from the 12 appropriate agencies and management plans must comply with agency 13 regulations and guidelines. These may include but are not limited to permits for 14 wetland impacts and management plans for listed species protection. 15 7. After a publicly owned road right-of-way has been legally secured, a local 16 government may not require any clearing permits for vegetation removal, 17 maintenance, tree pruning or trimming within the established road right-of-way. 18 Trimming and pruning shall be in accordance with LDC section 4.06.05 subsection 19 /1.06.05 J.1 of the Code. All needed environmental permits or management plans 20 have been obtained from the appropriate local, state and federal agencies. These 21 permits may include but are not limited to permits for wetland impacts or for listed 22 species protection. 23 8. Vegetation removal for environmental restoration projects on publically owned 24 land designated as parks, preserves, forests or mitigation areas. State and 25 Federal agency permits or approvals shall be required, where applicable, prior to n 26 clearing. 27 9. Vegetation removal to implement Preserve Management Plans and firewise safety 28 wildfire mitigation plans that specify land management practices for clearing for 29 fuel management or fire lines in accordance with normal forestry practices and 30 which have been approved as part of a Preserve Management Plan pursuant to 31 LDC section 3.05.07 H. State and Federal agency permits or approvals shall be 32 required, where applicable, prior to clearing. 33 10. Creation of fire breaks installed by the Florida Forest Service or reviewed and 34 approved by the Florida Forest Service as part of a wildfire mitigation plan. 35 11. Removal of dead, dying or leaning trees within preserves which pose a safety 36 concern, unless such trees contain a nest or cavity of a listed animal species or 37 bald eagle. Where such preserves have monitoring plan requirements pursuant to 38 LDC section 3.05.07.H.1.g, the annual inspection monitoring report for the 39 preserve shall document with photographs the trees to be removed for safety 40 concerns. 41 # # # # # # # # # # # # # 42 43 3.05.05 Criteria for Removal of Protected Vegetation 44 45 Native vegetation shall be retained within proposed developments where existing vegetation 46 would be expected to survive in open space areas or buffers, where site improvements or 47 changes in elevation are not proposed or required. A permit for the removal or replacement of 48 plants installed for landscaping shall be issued in accordance with LDC section 4.06.05. A 49 vegetation removal permit may be issued under the following conditions: 50 A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, 51 utilities, or to an existing structure. 5 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3 05 02 D G 3 05 05 Exemptions Criteria for Removal of Protected Vegetation 050814.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 B. Diseased or otherwise unhealthy vegetation, as determined by standard horticultural 2 practices, and, if required, a site inspection by the County Manager or designee. 3 C. A final local development order has been issued which allows removal of the 4 protected vegetation. 5 D. Compliance with other codes and/or ordinances may involve protected vegetation 6 removal. 7 E.8 subject to the-approval of the County Manager or designee. Replacement vegetation 9 10 minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (11) foot high 11 -- - - -- - - - -- - - - - - - - • - _ _ - 12 inches. Replacement native vegetation shall be planted within fourteen (11) calendar 13 days of removal. Mechanical removal of prohibited exotic and non-native vegetation. 14 Mechanical removal is defined as clearing that would impact or disturb the soil or sub- 15 soil layers or root systems of plants below the ground. 16 F. On a parcel of land zoned RSF, VR, E, or other nonagricultural, noncommercial zoning 17 district in which single-family lots have been subdivided for single-family use only, a 18 vegetation removal permit may be issued for any permitted accessory use to that 19 zoning. 20 G. Removal of vegetation for approved mitigation bank sites (as defined by the Florida 21 Administrative Code); and state, federal or county approved or endorsed environmental 22 preservation, enhancement; or restoration projects, shall be permitted. Vegetation 23 removal permits issued under these criteria are valid for the period of time authorized by 24 such agency permits. 25 H. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to 26 site development plan, construction plan or other final approvals, a vegetation 27 relocation permit (vegetation removal permit) may be issued by the County Manager or 28 designee provided that it can be demonstrated that early transplantation will enhance the 29 survival of the relocated vegetation. The vegetation relocation plan shall document 30 methods of relocation, timing of relocation, watering provisions, maintenance and other 31 information as required by the County Manager or designee. 32 I. Landscape plant removal or replacement. The removal or replacement of approved 33 - - ••- - - -- -- - • ---- -- - -- - - - - - - - - 34 plans reviews-- - - 5 . - • -. .e• 4. -. 9. £ --- - -• -• • - -- ••• - -- 3 5 issuedforthe- _ e _ __-••-- _ _ _ ___- e _ _ _ __ e . .. _ _- 36 -- - •-- --- - - - --- - - - -- -- - - - - - - 37 authorized by-permit by the Collier County Landscape Architect. 38 Id. Removal of vegetation for firebreaks to implement wildfire mitigation plans reviewed and 39 approved by the State of Florida, Division of Forestry Florida Forest Service, shall be 40 permitted. The width of the approved clearing shall be limited to the minimum width 41 determined necessary by the Division of Forestry. Exemptions for fire breaks are as 42 provided for in LDC section 3.05.02 G. 43 J.K. A State or Federal permit issuance depends on data that cannot be obtained without 44 preliminary removal of some protected vegetation. The clearing shall be minimized and 45 shall not allow any greater impacts to the native vegetation on site than is absolutely 46 necessary. Clearing shall be limited to areas that are outside any on-site preserves, as 47 identified on the PUD master plan, Plat/Construction Plans or Site Development Plan. 48 Kb. In conjunction with a Collier County approved Preserve Management Plan, native 49 vegetation clearing may be approved only when it is to improve the native habitat or to 50 improve listed species habitat. 6 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3 05 02 D G 3 05 05 Exemptions Criteria for Removal of Protected Vegetation 050814.docx Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 LM. Conservation Collier projects which may need'minimal clearing for parking, pathways 2 for walking, or structures that may not require site plan approvals. 3 MN. Early clearing as part of a final review of an SDP, SIP or PPL, in accordance with LDC 4 Ssections 4.06.04 and_10.01.02. The following criteria shall apply. 5 1. Final configuration of preserves is complete. 6 2. 7 records. Preserves shall be field surveyed and described by sketch and legal 8 description or shown on a specific purpose survey with geometry for the preserve 9 provided. Vegetation shall be protected in accordance with LDC section 3.05.04. 10 3. The site clearing/preservation plan for the SDP, SIP or PPL is approved. 11 4. All applicable Federal, State, and local permits have been submitted prior to 12 commencement and before or at the pre-construction meeting. 13 N9. Removal of living or dead standing vegetation with a bald eagle nest. Permits, if 14 required, shall be provided from the Florida Fish and Wildlife Conservation Commission 15 and U.S. Fish and Wildlife Service authorizing the removal of the nest, in accordance 16 with state and federal permit requirements, prior to issuance of a County permit. 17 Removal of vegetation containing an active, inactive or abandoned nest may be allowed 18 when: 19 1. The vegetation is located on a single-family lot, and is located in such a manner 20 that either: 21 a. The principal structure cannot be constructed, or 22 b. access to the property is impeded. 23 2. The protected vegetation poses an imminent threat to human safety or an 24 adjacent principal or accessory building. 25 3. The vegetation is located outside of a preserve or an area used to fulfill the 26 native vegetation preservation requirements of this Code the LDC. 27 # # # # # # # # # # # # # 7 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3 05 02 D G 3 05 05 Exemptions Criteria for Removal of Protected Vegetation 050814.docx Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Natural Resources AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: The changes provided below are a result of the 2011 Evaluation and Appraisal (EAR)-based changes to Conservation and Coastal Management Element (CCME) Policies 6.1.1, 6.1.2 and 6.2.5. They are as follows: 1. Amend LDC section 3.05.07 A.3 to exempt State and Federal parks, preserves, and forests from providing a separate County preserve within the park,preserve, or forest. 2. Amend LDC section 3.05.07 B to revise the native vegetation retention requirement for the Coastal High Hazard Area. 3. Amend LDC section 3.05.07 B. .h to add an exemption from the native vegetation retention requirement for Industrial zoned parcels with a native vegetation retention requirement of two acres or less. 4. Amend LDC section 3.05.07 H.1.f.i.a) to remove Industrial zoned parcels with a native vegetation retention requirement of two acres or less, from the criteria for off-site retention of native vegetation. 5. Amend LDC section 3.05.07 C to add a native vegetation retention requirement for the portion of the Lake Trafford/Camp Keais Strand System located within the Immokalee Urban Designated Area. REASON: The following LDC amendments maintain consistency with 2011 EAR-based changes to CCME Policies 6.1.1,6.1.2 and 6.2.5. FISCAL & OPERATIONAL IMPACTS: These amendments are a result of adopted 2012 EAR-based changes to the Conservation and Coastal Management Element and will have no further fiscal impact. The removal of the requirement for establishment of preserves for Industrial parcels with a native vegetation retention requirement of two acres or less and for identification of separate County preserves within State and Federal parks, preserves and forests, will eliminate the costs associated with establishing these preserves. Preserve land within State and Federal parks, preserves and forests is already managed by the State and Federal agencies which control them. 1 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg. Retention\3.05.07 B C Native Vegetation Retention 111313-2.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term RELATED CODES OR REGULATIONS: Native vegetation retention standards contained with section 3.05.07 Preservation Standards. GROWTH MANAGEMENT PLAN IMPACT: The 2011 EAR-based revised portions from CCME Policies 6.1.1, 6.1.2 and 6.2.5 are provided below in underline/strike through format. Policy 6.1.1: For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2012, the native vegetation preservation and retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) Coastal High Hazard Area Non-Coastal High Hazard Area Residential and Mixed Less than 2.5 acres 10% Less than 5 acres. 10% Use Development Equal to or greater Equal to or greater than 5 acres than 2.5 acres 25% and less than 20 acres. 15% Equal to or greater than 20 ac. 25% Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of the 50%, not to exceed 25% of the Industrial District only) project site. project site. 2 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg. Retention\3.05.07 B C Native Vegetation Retention 111313-2.docx Text underlined is new text to be added. Text etrikethrough is current text to be deleted. Bold text indicates a defined term The following standards and criteria shall apply to the vegetation retention requirements referenced above. * * * * * * * * * * * * * (7) All State and Federal parks, preserves and forests are subject to compliance with the minimum native vegetation retention requirements; however, such lands are not required to be designated as preserves, encumbered with conservation easements or subject to the establishment of preserve management plans. * * * * * * * * * * * * * (15) Industrial zoned parcels which, pursuant to the table within this Policy, would have a native vegetation retention requirement of 2 acres or less shall be exempt from this requirement. This exemption shall not apply to the overall native vegetation retention requirement for a PUD or subdivision used to create these parcels, unless the overall native vegetation retention requirement for the PUD or subdivision is 2 acres or less. # # # # # # # # # # # # # Policy 6.1.2: For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following minimum preservation and vegetation retention standards and criteria. Additionally, for the Lake Trafford/Camp Keais Strand System located within the Immokalee Urban Designated Area, native vegetation shall be preserved on site through the application of the Neutral Lands standards in "b" below, on an interim basis, until such time as a study is completed to determine if different standards are appropriate for this area. Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except as provided in the North Belle Meade Overlay in the Future Land Use Element for Section 24, Township 49 South, Range 26 East. c. Non-NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any 3 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg. Retention\3.05.07 B C Native Vegetation Retention 111313-2.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum cleaning allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are co- located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. * * * * * * * * * * * * * (12) All State and Federal parks, preserves and forests are subiect to compliance with the minimum native vegetation retention requirements; however, such lands are not required to be designated as preserves, encumbered with conservation easements or subiect to the establishment of preserve management plans. (13) Industrial zoned parcels which, pursuant to the table within Policy 6.1.1, would have a native vegetation retention requirement of 2 acres or less shall be exempt from this requirement. This exemption shall not apply to the overall native vegetation retention requirement for a PUD or subdivision used to create these parcels, unless the overall native vegetation retention requirement for the PUD or subdivision is 2 acres or less. # # # # # # # # # # # # # Policy 6.2.5: Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/Camp Keais Strand System which is contained within the lmmokalee Urban Designated Area Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element, the wetland functionality assessment described in paragraph (2) below, and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: (1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this element for the Rural Fringe Mixed Use District, and Policy 6.1.2.b. of this Element for the Lake Trafford/Camp Keais Strand System, in order to preserve an appropriate amount of native vegetation on site Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: # # # # # # # # # # # # # OTHER NOTES/VERSION DATE: Created November 13, 2013. 1 2 Amend the LDC as follows: 3 4 3.05.07 Preservation Standards 5 6 All development not specifically exempted by this ordinance shall incorporate, at a minimum, 7 the preservation standards contained within this section. 4 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg. Retention\3.05.07 B C Native Vegetation Retention 111313-2.docx Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 A. General standards and criteria. The following criteria shall be used to administer the 2 preservation standards in all unincorporated areas of the County: 3 4 3. Areas that fulfill the native vegetation retention standards and criteria for native 5 vegetative communities of this section shall be set aside as preserve areas, 6 subject to the requirements of LDC section 3.05.07 H. State and Federal parks, 7 preserves, and forests are subject to compliance with the minimum native 8 vegetation retention requirements of this section; however, such lands are not 9 required to be designated as preserves and are exempt from the requirements of 10 LDC section 3.05.07 H. 11 12 13 B. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU 14 and RLSA Districts, native vegetation shall be preserved on site, except for single 15 family residences, through the application of the following preservation and vegetation 16 retention standards and criteria. The single family exception is not to be used as an 17 exception from any calculations regarding total preserve area for a development 18 containing single family lots. For properties not previously within the Coastal High 19 Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised 20 Coastal High Hazard Area boundary in 2013, the native vegetation preservation and 21 retention standards of the Non-Coastal High Hazard Area shall continue to apply. 22 (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use 23 Element of the Collier County Growth Management Plan.) 24 1. Required preservation. Development Type Coastal High Non-Coastal High Hazard Area Hazard Area Residential and Mixed Use Less than 2.5 acres 10% Less than 5 acres 10% development Equal to or greater 25% Equal to or greater than 5 acres 15% than 2.5 acres and less than 20 acres Equal to or greater than 20 acres 25% Golf Course 35% 35% Commercial and Industrial Less than 5 acres 10% Less than 5 acres 10% development and all other non Equal to or greater 150/0 Equal to or greater than 5 acres 150/0 specified development types than 5 acres Industrial development(Rural- 50%,not to exceed 25% of the 50%, not to exceed 25% of the project Industrial District only) project site site. 25 26 2. Exceptions. An exception from the vegetation retention standards above shall be 27 granted in the following circumstances: 28 a. Where the parcel was legally cleared of native vegetation prior to 29 January 1989 and remains cleared of native vegetation; 30 b. Where the parcel cannot reasonably accommodate both the application 31 of the native vegetation retention standards and the proposed uses 32 allowed under this Code, subject to the criteria set forth in LDC section 33 3.05.07 H.1.e. 34 c. Right-of-way acquisitions by any governmental entity for all purposes 35 necessary for roadway construction, including ancillary drainage facilities, 36 and including utilities within the right-of-way acquisition area. 37 d. Existing utility easements and easements for ingress or egress required 38 for neighboring properties. 5 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg. Retention\3.05.07 B C Native Vegetation Retention 111313-2.docx Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 e. Previously cleared parcels for support of public infrastructure, and which 2 remain cleared of native vegetation. 3 f. Trees and other vegetation planted for landscaping and which have not 4 been used to satisfy the native vegetation preservation requirement. 5 g. Previously cleared fallow farm fields and pastures, with no canopy trees 6 (other than slash pine trees with less than an 8 inch DBH or palms with 7 less than 8 foot of clear trunk) and less than 75 percent aerial coverage of 8 native vegetation. Marshes and similar type environments (640 FLUCFCS 9 Codes) shall not be included in this exception. 10 h. Industrial zoned parcels, pursuant to the table in LDC section 3.05.07 B.1 11 (above), which have a native vegetation retention requirement of 2 acres 12 or less shall be exempt from this requirement. This exemption shall not 13 apply to the overall native vegetation retention requirement for a PUD or 14 subdivision used to create these parcels, unless the overall native 15 vegetation retention requirement for the PUD or subdivision is 2 acres or 16 less. 17 C. Specific standards for the RFMU district. For Lands within the RFMU district, native 18 vegetation shall be preserved through the application of the following preservation and 19 vegetation retention standards and criteria, in addition to the generally applicable 20 standards and criteria set forth in LDC section 3.05.07 A. above: (above). Further, for the 21 portion of the Lake Trafford/Camp Keais Strand System located within the Immokalee 22 Urban Designated Area native vegetation shall be preserved on site through the 23 application of the Neutral Lands standards established in LDC section 3.05.07 C.2 24 (below). 25 1. RFMU receiving lands outside the NBMO. 26 a. A minimum of 40% of the native vegetation present, not to exceed 25% 27 of the total site area shall be preserved. 28 is Off-site preservation shall be allowed at a ratio of 1:1 if such off- 29 site preservation is located within RFMU sending lands. 30 ii. Off-site preservation shall be allowed at a ratio of 1.5:1 if such off- 31 site preservation is located outside of Sending Lands. 32 iii.; Like for like preservation shall be required for Tropical Hardwood 33 and Oak Hammock vegetative communities. 34 b. Where schools and other public facilities are co-located on a site the 35 native vegetation retention requirement shall be 30% of the native 36 vegetation present, not to exceed 25% of the site. 37 2. Neutral lands. 38 a. In neutral lands, a minimum of 60% of the native vegetation present, 39 not to exceed 45% of the total site area shall be preserved. 40 b. Exceptions. 41 i. In those neutral lands located in Section 24, Township 49 South, 42 Range 26 East, in the NBMO, native vegetation shall be 43 preserved as set forth in LDC section 2.03.08 D.5.b. 44 ii. Where schools and other public facilities are co-located on a site, 45 the native vegetation retention requirement shall be 30% of the 46 native vegetation present, not to exceed 25% of the site. 47 3. RFMU sending lands. 48 a. In RFMU sending lands that are not within a NRPA, 80% of the native 49 vegetation present on site shall be preserved, or as otherwise permitted 50 under the Density Blending provisions of LDC section 2.05.02. Off-site 51 preservation shall be allowed in satisfaction of up to 25% of the site 6 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg.Retention\3.05.07 B C Native Vegetation Retention 111313-2.docx Text underlined is new text to be added. Bold text indicates a defined term 1 preservation or vegetative retention requirement, at a ratio of 3:1, if such ^ 2 off-site preservation is located within or contiguous to Sending Lands. 3 b. In RFMU sending lands that are within a NRPA, 90% of the native 4 vegetation present shall be preserved or such other amount as may be 5 permitted under the Density Blending provisions of LDC section 2.05.02. 6 Off-site preservation shall not be credited toward satisfaction of any of the 7 vegetative retention requirement applicable in such NRPAs. 8 * * * * * * * * * * * * * 9 H. Preserve standards. 10 1. Design standards. 11 * * * * * * * * * * * * * 12 f. Off-site vegetation retention. 13 i. Applicability. A property owner may request that all or a portion of 14 the Collier County on-site native vegetation preservation 15 retention requirement be satisfied offsite for only the following 16 situations and subject to restrictions listed below. 17 a) Properties zoned commercial or industrial where the on- 18 site preserve requirement is less than 2 acres in size. 19 # # # # # # # # # # # # # 7 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg.Retention\3.05.07 B C Native Vegetation Retention 111313-2.docx COASTAL HIGH HAZARD AREA COMPARISON MAP co ,coK,.cy Legend - — OLD(EXISTING)CHHA se- 0440 SRej —NEW CHHA ON G�� -4 gl FLUM H 4. cn _, TRAFFIC CONGESTION AREA(TO BE DELETED) z 0 NEW CHHA OR es — A V N B. `D Jy, , f 0 �'"L , OIL WELL RD A N ~ I OKALEE RD z 0 D *� m s `i o °. _ f w I� VA ERBI TBE CH R. m a II - GOLDEN GATE BLVD W Si GOLDEN GATE BWD E PIN=RID RD °' -1 r I9II D ., t ;', i �- INTERSTATE 1, / -+'`" A`sinew •f'* f ° ' ° 1 T' All ,per' V� 'i �: - cn D . e. L - CHHA MAP • W w ° > F-L—_ 0 1 2 4 6 I Miles EEE G.SDAi REOLIESPCHMA MXO January 2013 ' R25 E R26 E R27 E R28 E R29 E R30 E Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts CHANGE: To correct an inaccurate code citation within LDC subsection 4.02.01 D.1. REASON: Scrivener's error. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Ellen Summers. April 23, 2014 Amend the LDC as follows: 1 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 2 3 D. Exemptions and exclusions from design standards. 4 1. The height limitations contained in Chapter 2 LDC subsection 4.02.01 A. Table 2. 5 Building Dimension Standards for Principal Uses in Base Zoning Districts do not 6 apply to infrastructure in support of the building, such as mechanical 7 penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical 8 screening, spires, belfries, cupolas, flagpoles, antennas, communications 9 towers, water tanks, fire towers when operated by a branch of government, 10 ventilators, chimneys, feed storage structures, silos, windmills, airport control 11 towers, or other appurtenances placed above the roof level and not intended for 12 human occupancy or for commercial purposes as provided below: 13 a. Structural elements shall be no higher than necessary to accomplish the 14 purpose it is intended to serve. 15 b. The aggregate area of structures or appurtenances shall not exceed 16 one-third the area of the supporting roof. 17 c. Where this section conflicts with section 5.05.08, the provisions of section 18 5.05.08 will control. 19 d. The heights of these structures or appurtenances thereto shall not 20 exceed any height limitations prescribed by the Federal Aviation Agency 21 or airport zoning regulations within the flight approach zone of airports. ^ 22 (See section 2.03.07 C.). 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts- error\4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts-scribners error.docx 4/24/2014 9:13:04 AM Text underlined is new text to be added. Bold text indicates a defined term 1 # # # # # # # # # # # # # 2 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts- error\4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts-scribners error.docx 4/24/2014 9:13:04 AM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Bayshore Community Redevelopment Agency(CRA) AUTHOR: Growth Management Division Staff and Bayshore CRA DEPARTMENT: Growth Management Division and Bayshore CRA AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area CHANGE: To allow mixed-use and non-residential buildings within the Bayshore Cultural District boundary (see Attachment 1) to use more vivid exterior building colors than permitted by LDC section 5.05.08. The LDC identifies that buildings regulated by the architectural provisions are allowed to use an exterior building color above a level 8 (saturation) for no more than 10 percent of the façade or total roof area. The proposed amendment would allow the Cultural District to utilize a saturation level of 10 (saturation) for no more than 10 percent of the façade or total roof area. The change permits buildings within Cultural District the ability to use a level 8 (saturation) for the entire building. In addition, the proposed amendment allows for all buildings within the Bayshore Gateway CRA to seek deviations from the exterior building color standards established in the LDC. The deviation would be administratively reviewed and approved by County Staff through the Alternative Design process within LDC section 5.05.08 F. The provisions regarding materials and colors have been relocated from the specific provisions regarding commercial building types to the umbrella provision for building types and architectural standards. This allow for all building types subject to architectural standards to utilize more vivid colors and the deviation process. Further, the review and recommendation of a deviation request by the CRA Advisory Board has been removed from the process. This change was requested by the County Attorney's office because the CRA Advisory Board is not intended to perform quasi-judicial reviews. REASON: The Bayshore/Gateway Triangle Overlay was recently reorganized, rewritten, and adopted in the fall of 2012. Several of the objectives were not executed effectively and the following proposed amendments seek to 1)to allow for more vivid exterior building color within the Cultural District boundary and 2) to provide a deviation process for exterior buildings colors within the Overly District was not effectively executed. Although a deviation process was identified, the general color standards were not expanded for the Cultural District. The proposed amendment seeks to expand the vivid color range, while still maintaining standards for very vivid colors and colors within a low lightness category (dark colors). The second objective, to allow for deviations from the color standards identified in LDC section 5.05.08 C.13 for mixed use and non-residential use buildings within the Bayshore/Gateway Triangle Redevelopment Overlay is too restrictive for the building types 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.16 Design Standards for Bayshore\4.02.16 Design Standards for Bayshore-color 042114.docx 5/8/2014 9:03:42 AM Text underlined is new text to be added. Bold text indicates a defined term within the Overlay. Following a window survey done of buildings within the Cultural District by the CRA, it was determined the deviation process only applies to a small number of buildings and does not meet the intent of the second objective. The proposed amendment outlines a deviation process and establishes three criteria for County review staff to utilize. FISCAL & OPERATIONAL IMPACTS: Fiscal and operational impacts to the County are limited to the discontinuance of several code enforcement cases regarding vibrant colors with the Cultural District. This amendment will resolve these issues. Fiscal and operational impacts to the Bayshore/Gateway Triangle Overly and Cultural District are many. One example is that by allowing vivid colors within the Cultural District helps set this area apart from the County. The deviation process provides flexibility for buildings that desire a distinctive color pallet within the Overlay District. Both of these amendments support the creation of a"destination" and"identity" for the Overlay District. RELATED CODES OR REGULATIONS: Community Redevelopment Agency Resolution 2008-60 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, 11/5/13, 3/23/14 Amend the LDC as follows: 1 2 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle 3 Redevelopment Area 4 5 D. Building Types and Architectural Standards 6 * * * 7 1. Purpose and Intent. The purpose of this section is to supplement the provisions 8 of LDC section 5.05.08 of the LDC by identifying and providing design standards 9 for the building types allowed within the Bayshore Gateway Triangle 10 Redevelopment Area. The standards are intended to attach the same importance 11 to the overall building design as is placed on the use contained therein, and to 12 ensure that proposed development is consistent with the CRA's goals for 13 building form, character and quality. Buildings within the BMUD and GTMUD 14 are expected to be added as long-term additions to the architectural vibrancy of 15 the community. 16 2. Applicability. Each proposed building shall be designed in compliance with the 17 standards of this section for the applicable building type, regardless of the 18 underlying zoning district provisions. The uses permitted within the building are 19 determined by the underlying zoning district or overlay subdistrict in which it is 20 located. All buildings shall meet the design requirements set forth in LDC 21 section 5.05.08 unless otherwise specified in this section. 22 3. General Architectural Standards. 23 a. Architectural Style: The building design standards of this section do not 24 mandate a particular building style and permit a wide variety of 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.16 Design Standards for Bayshore\4.02.16 Design Standards for Bayshore-color 042114.docx 5/8/2014 9:03:42 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 architectural expressions. When a building exhibits a known architectural 2 style (i.e., Florida Cracker, Mediterranean, Colonial, Modern) the details 3 shall be consistent throughout the building and any accessory 4 structures on the same site. 5 b. Frontage: The primary entrance for any building must be oriented to the 6 street. Orientation is achieved by the provision of a front facade including 7 an entry door that faces the street or square. This requirement shall not 8 apply to mobile homes or to buildings that are interior to a site that has 9 other buildings that meet this provision. 10 c. Compatibility: Proposed buildings should relate to adjacent buildings in 11 similarity of scale, height, architectural style, and/or configuration. 12 Exceptions to this provision include civic and institutional buildings 13 such as churches and schools. 14 d. Facade Treatment: Architectural elements such as windows and doors, 15 bulkheads, masonry piers, transoms, cornices, window hoods, awnings, 16 canopies, and other similar details shall be used on all façades facing a 17 public right-of-way. 18 e. Exterior building color within the Cultural District. Buildings with a mixed 19 use or non-residential use and within the Cultural District boundary, as 20 identified in the Community Redevelopment Agency Resolution 2008-60 21 as amended, shall meet the following exterior building color standards: 22 i. The use of color materials or finish paint above level 10 saturation 23 (chroma) or below lightness level 3 on the Collier County 24 Architectural Color Charts is limited to no more than 10 percent of 25 a facade or the total roof area. 26 ii. Natural and manmade materials which exceed the saturation or 27 lightness level requirements of Collier County Architectural Color 28 Charts, such as marble, granite, stone, slate, brick, block, tile, and 29 galvanized metal are permissible. 30 f. Deviations from exterior building color. Applicants within the Bayshore 31 Gateway Triangle Community Redevelopment District boundaries may 32 request a deviation from the exterior building color requirements of LDC 33 section 5.05.08 C. A deviation request shall be subject to the procedures 34 established in 5.05.08 F and shall be subject to the following criteria: 35 i. The deviation request is consistent with LDC section 5.06.00, 36 regarding sign regulations and standards. 37 ii. The deviation request consists of no more than 3 colors. 38 iii. The deviation request may not be for a color which is below 39 lightness level 3 on the Collier County Architectural Color Charts. 40 41 8. Building Type: COMMERCIAL 42 43 Ii. Materials and Colors: 44 i. Commercial buildings shall be of wood clapboard, stucco finish, 45 •--- --- - - ---. , - - - 46 ii. Pitched roofs shall be metal seam (5v crimp, standing seam or 47 similar design), slate, copper, or wood shingles. 48 iii. Exterior building color: Applicants may request a deviation from 49 •- - •- - -- - •- -- - '- - '- -• 50 -! -' -'. - - ' - •' ----' -- - - - - -- _ .. 51 of transparent windows or doors. These deviation requests shall 52 be subject to the procedures established in section 5.05.08 F. 3 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.16 Design Standards for Bayshore\4.02.16 Design Standards for Bayshore-color 042114.docx 5/8/2014 9:03:42 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 following the review and approval by the CRA Advisory Board to 2 ensure consistency with CRA goals and objectives and community 3 character. # # # # # # # # # # # # # 4 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.16 Design Standards for Bayshore\4.02.16 Design Standards for Bayshore-color 042114.docx 5/8/2014 9:03:42 AM Attachment 1 i . . .l ■ .v .• • � r P . .■ ■ II a • III I Cultural . • '1∎ ■ _ District ■ ■ ., : Boundary .•0. ..,�` •' • ■ V ' N ■ �,� ... w7�1%�:E ■ � . v►J ■ ■ 0 Cultural District Boundary ✓ \ ■ II ■ II CRA Boundary ■ III N , I ■ , 0 0.25 0.5 1 Miles ✓ ■ I 1 i i I I i 1 I ■ ■ ■ a This map was created by the Bayshore Gateway ■ Triangle Community Redevelopment Agency. \ \��\ February 15,2008. ' r ■ BAYSHORE G.ATEW Y TRIANGLE ir ■ f 1 COMMUNITY REOEVEEOI'MENT AGENCY Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 4.06.02 Buffer Requirements CHANGE: To correct inaccuracies created during prior LDC amendment cycles within the LDC section 4.06.02. REASON: There are two inaccuracies within LDC amendment 4.06.02 which occurred during previous LDC amendment cycles. This amendment proposes to correct these inaccuracies. In 2006, three provisions were added to LDC section 4.06.02 C - Table of Buffer Requirements during separate LDC amendment cycles. These provisions describe flexibility in the buffer standards for residential PUDs adjacent to a lake and for community facilities within a PUD. Attachments 1 and 2 identify the three buffer provisions approved in Ord. 2006-07, pages 21-22 and Ord. 2006-63, page 55. However, Ordinance 2006-63 did not include one of the approved additions to Alternative A buffer. This error continued and during a 2007 amendment cycle all three 2006 provisions were omitted from the text. This is an error because if they provisions were intended to be deleted, they would have been struck through and identified for removal. Attachment 3, Ord. 07-67, illustrates the inadvertent omissions. Because these provisions were not identified for removal, County staff has applied these provisions to PUD landscape plans. It is proposed these provisions are reintroduced into LDC section 4.06.02 C. Current LDC section 4.06.02 C.4.e contains information regarding how to interpret Table 2.4 - Table of Requirements by Land Use Classification. This section was previously unnumbered and located below Table 2.4. Attachment 4, Ord. 04-41 illustrates this information. During the 2004 LDC amendment cycle, this section was numbered which resulted in the relocation of the provision below several footnotes during the codification by Municode, see Attachment 5, Ord. 2004-72, pg. 36. However, its current placement is not logical and it is proposed this provision is identified as information to be read in conjunction with Table 2.4 and placed directly below the Table. Prior to the 2004 LDC re-codification current LDC section 4.06.02 C.4.f., which makes reference to automobile service station landscape requirements, was a footnote reference, see Attachment 4, an excerpt from the pre-2004 LDC. During the re-codification of the LDC, this section lost its footnote, see Attachment 4 Ord. 2004-41 pg. 113. In a subsequent amendment, Attachment 5, Ord. 2004-72 pg. 36, the provision then became an independent subsection. It is r-. proposed LDC section 4.06.02 C.4.f is restructured as a footnote and the original intent retained. I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.06.02 But er Requiremetns_fixing errors\4.06.02 Buffer Reqs_fixing errors 042314.docx CarolineCilek 5/8/2014 9:48:19 AM Text underlined is new text to be added. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts to the County or to the community. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, December 4, 2013, Dec. 10, 2014. Amend the LDC as follows: 4.06.02 Buffer Requirements * * * * * * * * * * * * * 1 C. Table of buffer yards. 2 Types of buffers. Within a required buffer strip, the following alternative shall be used 3 based on the matrix in table 2.4. 4 1. Alternative A:Ten-foot-wide landscape buffer with trees spaced no more than 5 30 feet on center. 6 When an Alternative A buffer is located within a residential PUD and adjacent to 7 a lake, the required trees may be clustered on common property lines to provide 8 a view of the lake. Clustered tree plantings shall not exceed 60 feet between 9 clusters. 10 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape 11 buffer six feet in height, which may include a wall, fence, hedge, berm or 12 combination thereof, including trees spaced no more than 25 feet on center. 13 When planting a hedge, it shall be a minimum of ten gallon plants five feet in 14 height, three feet in spread and spaced a maximum four feet on center at 15 planting. 16 When an Alternative B buffer is located within a residential PUD and adjacent to 17 a lake, the required plant materials may be clustered to provide views. Clustered 18 tree plantings shall not exceed 60 feet between clusters and the clustered hedge 19 plantings can be provided as a double row of shrubs that are a minimum of 30 20 inches in height. When the adjacent lake exceeds 1500 feet in width the hedqe 21 planting shall not be required. 22 When a community facility is located within a residential PUD and abuts a 23 residential unit, a Type B buffer shall be required. When a fence or wall is used 24 within the buffer a minimum of 50 percent of the trees and hedge plantings shall 25 be located on the residential side of the fence or wall. 26 3. Alternative C:20-foot-wide, opaque within one year, landscape buffer with a six- 27 foot wall, fence, hedge, or berm, or combination thereof and two staggered rows 28 of trees spaced no more than 30 feet on center. Projects located within the 29 Golden Gate Neighborhood center district shall be exempt from the right-of- 30 way requirement of a six-foot wall, fence, hedge, berm or combination thereof. 31 These projects shall provide a meandering Type D landscape buffer hedge. In 32 addition, a minimum of 50 percent of the 25-foot wide buffer area shall be 33 composed of a meandering bed of shrubs and ground covers other than grass. 34 4. Alternative D:A landscape buffer shall be required adjacent to any road right- 35 of-way external to the development project and adjacent to any primary access 36 roads internal to a commercial development. Said landscape buffer shall be 37 consistent with the provisions of the Collier County Streetscape Master Plan, I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.06.02 Bu fer Requiremetns_fixing errors\4.06.02 Buffer Reqs_fixing errors 042314.docx CarolineCilek 5/8/2014 9:48:19 AM Text underlined is new text to be added. Bold text indicates a defined term which is incorporated by reference herein. The minimum width of the perimeter 2 landscape buffer shall vary according to the ultimate width of the abutting 3 right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the 4 corresponding landscape buffer shall measure at least ten feet in width. Where 5 the ultimate width of the right-of-way is 100 or more feet, the corresponding 6 landscape buffer shall measure at least 15 feet in width. Developments of 15 7 acres or more and developments within an activity center shall provide a 8 perimeter landscape buffer of at least 20 feet in width regardless of the width of 9 the right-of-way. Activity center right-of-way buffer width requirements shall 10 not be applicable to roadways internal to the development. (See Figure 4.06.02 11 C.) TYPES OF BUFFERS CODE REQUIRED LANDSCAPE BUFFERS LOC 4.06.02.C.1.-4. M00. TYPE 'A'BUFFER ILOSLAWS,A 00.V 1.04.,.0 0..N,n4 e3 0c TYPE 'B'BUFFER 00000 MOW OF 50..0E0 WES I0500.•00.0.0aN10I. LNG TYPE 'C'BUFFER DO.aE.5,004.0 07 5.003 2W NKN■700ANID4A M.RVT.000.T 4• 0. TYPE '0'BUFFER .MS YAMS 07•03 NOTE:•0 MESA 00 IN WFFER R.NTU+G IS ENCOWA6ED .* MESA SiNUIS AN MAY 00 Y WHERE WITHIN SUFFER AS LONG AS CN CENTER REQMEMENT IS MET •NOM ANY MEANDER AS LONG AS SOECLFLE0 W[DTN SS MA NTAI ED 12 13 Figure 4.06.02 C. 14 a. Trees shall be spaced no more than 30 feet on center in the landscape 15 buffer abutting a right-of-way or primary access road internal to a 16 commercial development. 17 b. A continuous 3 gallon double row hedge spaced 3 feet on center of at 18 least 24 inches in height at the time of planting and attaining a minimum 19 of 3 feet height within one year shall be required in the landscape buffer 20 where vehicular areas are adjacent to the road right-of-way, pursuant to 21 section 4.06.05 C.4. 22 c. Where a fence or wall fronts an arterial or collector road as described 23 by the transportation circulation element of the growth management plan, 24 a continuous 3 gallon single row hedge a minimum of 24 inches in height 25 spaced 3 feet on center, shall be planted along the right-of-way side of 26 the fence. The required trees shall be located on the side of the fence l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.06.02 Buler Requiremetns_fixing errors\4.06.02 Buffer Reqs_fixing errors 042314.docx CarolineCilek 5/8/2014 9:48:19 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 facing the right-of-way. Every effort shall be made to undulate the wall 2 and landscaping design incorporating trees, shrubs, and ground cover 3 into the design. It is not the intent of this requirement to obscure from 4 view decorative elements such as emblems, tile, molding and wrought 5 iron. 6 d. The remaining area of the required landscape buffer must contain only 7 existing native vegetation, grass, ground cover, or other landscape 8 treatment. Every effort should be made to preserve, retain and 9 incorporate the existing native vegetation in these areas. 10 Table 2.4 Table of Buffer Requirements by Land Use Classifications Adjacent Properties Zoning District and/or Property Use Subject Property's District/Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1. Agriculture (Al) - B B B B B A A AA D A - A 2. Residential (E, RSF) single-family A A B B B B B C B * D B - C 3. Residential (RMF-6, RMF-12, RMF-16) A B A A A B B B B * D B - C multifamily 4. Residential tourist (RT) A B A A B B A B B * D B - B 5. Village residential (VR) A A B B A B B B B D B B 6. Mobile home (MH) A B B B B A B B B * D B B B 7. Commercial3 (C-1, C-1/T, C-2, C-3, C-4, C- A BBB B BA A A * D B B B 5); Business Park (BP) 8. Industrial2 (I) A C B B B B A A2 A * D B B B 9. Public use (P), community facility (CF), Golf A B B B B B A A A * D B - C Course Clubhouse, Amenity Center 10. Planned unit development (PUD) * * * * * * * * * * D * * * 1 1. Vehicular rights-of-way D D D D D D D D DD - B - D 1 2. Golf course maintenance building B B B B B B B B BB B A BC 13. Golf course - - - B - C 14. Automobile service station A C C B B B B B C * D C C D 11 Table 2.4 information: The letter listed under "Adjacent Properties Zoning District and/or 12 Property Use" shall be the landscape buffer and screening alternative required. Where a conflict 13 exists between the buffer required by zoning district or property use, the more stringent buffer 14 shall be required. The "-" symbol shall represent that no buffer is required. The PUD district 15 buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and shall be based 16 on the landscape buffer and screening of the district or property use with the most similar types, 17 densities and intensities of use. Where a conflict exists between the buffering requirements and 18 the yard requirements of this Code, the yard requirements of the subject zoning district shall 19 apply. 20 1 Buffering in agriculture (A) districts shall be applicable at the time of site 21 development plan (SDP) submittal. 22 2lndustrial (I) zoned property, where abutting industrial (I) zoned property, shall 23 be required to install a minimum 5-foot-wide type A landscape buffer adjacent to 24 the side and rear property lines. The buffer area shall not be used for water 25 management. In addition, trees may be reduced to 50 feet on center along rear 26 and side perimeter buffers only. This reduction in buffer width shall not apply to 27 buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.06.02 Buifer Requiremetns_fixing errors\4.06.02 Buffer Reqs_fixing errors 042314.docx CarolineCilek 5/8/2014 9:48:19 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 Abutting industrial zoned properties may remove a side or rear buffer along the 2 shared property line in accordance with Section 4.06.02 C.7. This exception to 3 buffers shall not apply to buffers abutting to vehicular rights-of-way. 4 3 Buffer areas between commercial outparcels located within a shopping 5 center, Business Park, or similar commercial development may have a shared 6 buffer 15 feet wide with each abutting property contributing 7.5 feet. The 7 outparcels may remove a side or rear buffer along the shared property line 8 between comparable uses within the same zoning designation in accordance 9 with Section 4.06.02 C.7. These provisions shall not apply to right-of-way 10 buffers. 11 c. The letter listed under "Adjacent Properties Zoning District and/or 12 • -- _ - - -•e --- e.•- -•e - - _ - _ 13 required. Where a conflict exists between the buffer required by zoning 14 district or property use, the more stringent buffer shall be required. The " " 15 symbol shall represent that no buffer is required. The PUD district buffer, 16 due to a variety of differing land uses, is indicated by the "*" symbol, and 17 shall be based on the landscape buffer and screening of the district or 18 property use with the most similar types, densities and intensities of use. 19 - - - -- - _ -- -- - -- --• - - 20 -- - --- - - - - -- - -21 district shall apply. 22 4f. Refer to section 5.05.05 for automobile service station landscape 23 requirements. 24 # # # # # # # # # # # # # l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.06.02 B9fer Requiremetns_fixing errors\4.06.02 Buffer Regs_fixing errors 042314.docx CarolineCilek 5/8/2014 9:48:19 AM Attachment 1 rtN r ORDINANCE NO.06- 07 (est ezv" 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 DEVELOPMENT 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: SEC. 1.04.04 REDUCTION OF REQUIRED SITE DESIGN REQUIREMENTS, SEC. 1.08.02 DEFINITIONS; CHAPTER 2 -ZONING DISTRICTS AND USES, INCLUDING, SEC. 2.01.00 GENERALLY, SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING: SEC. 4.02.03 SPECIFIC STANDARDS FOR THE LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SEC. 4.02.14 SAME-DEVELOPMENT IN THE ACSC-ST DISTRICT, SEC. 4.03.02 APPLICABILITY, SEC. 4.03.03, EXEMPTIONS, SEC. 4.05.03 SPECIFIC PARKING REQUIREMENTS FOR RESIDENTIAL USES IN MIXED USE URBAN RESIDENTIAL LAND USE, SEC. 4.06.02 BUFFER REQUIREMENTS, 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SEC. 4.07.02 DESIGN REQUIREMENTS; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SEC. 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS; CHAPTER 6 — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.06.03 STREETLIGHTS; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SEC. 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING: SEC. 10.02.01 PRE-APPLICATION CONFERENCE REQUIRED, SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT(PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SEC. 10.08.00 CONDITIONAL USES PROCEDURES; SECTION FOUR, , CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION 14-THE',..; COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board=Of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended;and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superceded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and Page 1 of 42 Words true gh are deleted:words underlined are added A. Single-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with single-family dwelling units shall be limited to stabilized subsurface base or plastic grid stabilization system covered by pervious—+ imperviously treated surface areas made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking systems specifically designed designated for the parking of automobiles. The designated parking area which may not comprise an area greater than forty (40%) percent of any required front yard,, which, nonetheless,may not serve to limit a driveway to a width of less than twenty (20) feet. All parked automobiles shall utilize only the designated surface parking areas of the lot. B. Two-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with a two-family structure shall be limited to stabilized per ious—er surface areas made of concrete, crushed stone, asphalt, pavers or turf parking systems specifically designated for the parking of automobiles. The designated parking area shall which-roay not comprise an area greater than fifty (50%) percent of any required front yard;i_ oxcopt that this ehall which, nonetheless will not serve to limit a driveway to a width to of less than twenty (20) feet;, and--a Separate driveways may be provided on each side of the two-family structure:, but, in no case, shall the combined area of both driveways and any other designated parking areas exceed fifty (50) percent of any required front yard. C. Multi-family (i.e. three (3) or more) dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with multi-family dwelling units shall be limited to stabilized surface areas made of concrete, crushed stone, asphalt, pavers or turf parking systems designated for the parking and storing of automobiles. Porvious or aAreas designated for the parking of automobiles shall not exceed a ratio of two and one-half (2_1/2) automobiles per dwelling unit in the event all parking spaces are not located within an enclosed structure or any combination of open air and enclosed structure. SUBSECTION 3.K. AMENDMENTS TO SECTION 4.06.02 Buffer Requirements Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.02. Buffer Requirements * * * * * * * * * * * * * C. Table of Buffer Yards Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. When a Alternative A buffer is located within a residential PUD and adjacent to a lake, the required trees may be clustered on common property lines to provide views. Clustered tree plantings shall not exceed 60 feet between clusters. Page 21 of 42 Words stms4E-thr-ottghh are deleted;words underlined are added 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. When a Alternative B buffer is located within a residential PUD and adjacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in height. When the adjacent lake exceeds 1500 feet in width the hedge planting shall not be required. SUBSECTION 3.L. AMENDMENTS TO SECTION 4.06.05 General Landscaping Requirements Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: C. Plant Material Standards 7. Lawn grass. Grassed lawn areas shall be planted with turf grass species normally grown for use as permanent lawns in Collier County. Lawns shall be planted using turf grass sod, plugs, sprigs, or seed installation methods. All water management areas and slopes steeper than 6:1 (6 horizontal to 1 vertical) shall be sodded. The use of drought tolerant turf species is encouraged. Synthetic turf shall not be used in any landscape area except when used in the rear yards of residential lots for the construction of recreation areas that do not exceed 30 percent of the rear yard pervious area. w.411-a . . - .• _ _ - - .. - - e - e e - • -- saki easement: •- 2: - -- _ - • - - - - _ - - - • _ - I. Treatment of Slopes: The following landscape and engineering standards shall apply to all landscape areas except for Golf Courses. See: Slope Chart 4.06.05.1. and Slope Cross Sections 4.06.05.1. Page 22 of 42 Words stwelE4k-ough are deleted; words underlined are added /234567gg�o, Attachment 2 `x,11 N ��'� ( ORDINANCE NO.06-63 AN ORDINANCE OF THE BOARD OF COUNTY ZZ62COMMISSIONERS 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 SEC. 1.08.01 ADDING ABBREVIATIONS, SECTION 1.08.02 ADDING DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS INCLUDING MAPS, SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT; SECTION 2.06.01 GENERALLY; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.03.05 SEA LEVEL RISE, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.10 LITTORAL SHELF PLANTING AREA; CHAPTER 4 — SITE DESIGN STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.16 DESIGN STANDARDS FOR THE BMUD NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.23 SAME - DEVELOPMENT IN THE ACTIVITY CENTER#9 ZONING DISTRICT, SECTION 4.02.35 DESIGN STANDARDS IN THE GTMUD MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD RESIDENTIAL SUBDISTRICT (R), ADDING SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, SECTION 4.03.05 SUBDIVISION DESIGN REQUIREMENTS,SECTION 4.04.02 ACCESS MANAGEMENT, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT; CHAPTER 5 - SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS, SECTION 5.06.06 PROHIBITED SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS INCLUDING, SECTION 6.02.02 MANAGEMENT AND MONITORING PROGRAM, SECTION 6.06.02 SIDEWALKS AND BIKE LANE REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES INCLUDING, SECTION 8.06.03 POWERS AND Page 1 of 96 Words stwelf-Nxe }s are deleted,words underlined are added SECTION 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code,is hereby amended to read as follows: 4.06.02 Buffer Requirement C. Table of buffer yards. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot wide landscape buffer with trees spaced no more than 30 feet on center. When an Alternative A buffer is located within a residential PUD and adjacent to a lake, the required trees may be clustered on common property lines to provide views. Clustered tree plantings shall not exceed 60 feet between clusters. 2, Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. When an Alternative B buffer is located within a residential PUD and adjacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in height. When the adjacent lake exceeds 1500 feet in width the hedge planting shall not be required. When a community facility is located within a residential PUD and abuts a residential unit, the normally required combined Type B and Type A landscape buffers shall be reduced to a single Type B buffer. When a fence or wall is used within the buffer a minimum of 50 percent of the trees and hedge plantings shall be located on the residential side of the fence or wall. D. Standards for retention and detention areas in buffer yards. Unless otherwise noted, all standards outlined in section 4.06.05 C. apply. Trees and shrubs must be installed at the height specified in this section. • • • • a. Configuration of water management areas. The shape of a odgos. Soo "Body of Water Shapes" figure below, An Page 55 of 96 Words struek-through are deleted,words underlined are added Attachment 3 ORDINANCE NO. 07- 67, 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 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER 2—ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, SECTION 2.05.01 DENSITY STANDARDS AND HOUSING :;t` TYPES; CHAPTER 3 — RESOURCE PROTECTION, rL INCLUDING SECTION 3.03.02 APPLICABILITY, 3.05.10 V o LITTORAL SHELF PLANTING AREA; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING ._� SECTION 4.02.01 DIMENSIONAL STANDARDS FOR ;= J.� PRINCIPAL USES IN BASE ZONING DISTRICTS, 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY = ,o t,:,,) BUILDINGS AND STRUCTURES, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL °1 1 LANDSCAPING REQUIREMENTS; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM REQUIREMENTS, SECTION 6.05.02 SEAWALLS AND BULKHEADS; CHAPTER 10 — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING, SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIRMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC AND THE HISTORIC PRESERVATION BOARD, SECTION 10.04.03 APPLICATIONS SUBJECT TO TYPE II REVIEW, SECTION 10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91- 102, the Collier County Land Development Code (hereinafter LDC),which was subsequently amended;and Page 1 of 48 Words se{ eugh are deleted,words underlined are added 4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank,except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure,with the rear setback of ten feet. * * * * * * * * * * * * SUBSECTION 3.K. AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.02 Buffer Requirements * * * * * * * * * * C. Table of buffer yards. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. 3. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of- way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall•provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. (See Figure 4.06.02 C.) Page 19 of 48 Words strut k-through are deleted,words underlined are added ri2,3486;,_ Attachment 4 8 0 ORDINANCE NO.04- 41 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS }11 COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER jless— OUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE OMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC,. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00?_ APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND - -71 INTENT, SEC. 1.06.00 RULES OF INTERPRETATION,SEC.1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; , = CHAPTER 2 -ZONING DISTRICTS AND USES, INCLUDING SEC. a 1 2.01.00 GENERALLY, SEC.2.02.00 ESTABLISHMENT OF ZONING 71,,c- DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 -c; F5 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN cn ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7- RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Page 1 of 6 e(C� Fr oi., CSC, p nor 1-0 2.4.7.4 COLT,IF,R COUNTY LAND DEVELOPMENT CODE shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way.Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development. A hedge of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way, pursuant to section 2.4.4.4. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a contin- uous single row hedge a minimum of 24 inches in height spaced three feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. x The remaining area of the required landscape buffer must contain only existing native vegetation,grass,ground cover,or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Properties District Subject Property's District) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Use 1:Agriculture(A1) - B B B B B A A A A D A - A • 2.Residential(E,RSF)sin- A A B BB B B C B * D B C gle-family _ 3. Residential (RMF-6, A B A N A BB B B * D B - C RMF-12, RMF-16) multi- . family ' 4.Residential tourist(RT) A B A A B B A B B * D B - B 5.V i l l a g e residential(VR) A A B B AB B B B * D B - B 6. Mobile home (ME) AB B BB A B_ B B . * D B B B yy Supp.No. 17 LDC2:162 ZONING 2.4.7.5 Adjacent Properties District 7. Commercial3. d (C-1, A B B B BB A A A * D B B B C-1/T, C-2, C-3, C-4, C-5); Business Park(BP) 8. Industrial)(I) - A C B B B B A A 2 A * D B B B 9. Public use (P), commu- A ~B B B B B A A A * D B , - C nity facility (CF), Golf Course Clubhouse, Ame- . nity Center ~ 10. Planned unit develop- * * * * * * * * * * D -* * * ment (PUA) T 1.1.Vehicular r i g h t s-o f-w a y D D D D D D D D D D - B r - D 12. Golf course mainte- B B B B B B^ B B B B B A B C nance building _ 13. Golf course 14.Automobile service eta- AC C B B B BB C * D C C D tion The letter listed under"Adjacent Properties District"is the landscape buffer • and screening alternative required. The "-" symbol shall represent that no -- buffer is required. The PUD district buffer, due to a variety of differing land uses,is indicated by the"*"symbol,and must be based on the landscape buffer and screening of the district or use with the most similar types, densities and intensities of use.Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. 'Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 'Industrial(I)zoned property, where abutting industrial (I)zoned prop- erty, shall be required to install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property lines. This area shall not be used for water management. In addition, trees may be { reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. 'Buffer areas between commercial outparcels located within a shopping center may have a shared buffer 15 foot wide with each adjacent property contributing 7.5 feet. This does not apply to right-of-way buffers. 4Refer to section 2.6.28 for automobile service station landscape require meats. 2.4.7.5. "Collier County Streetscape Master Plan" and the 'Golden Gate Community - i Roadways Beautification Master Plan." Street corridors identified in the Supp.\,,. 1 7 LDC2:162.1 ( t Attachment (7/--(2,34864 19 - ORDINANCE NO.04- 41 ca ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS "A 0 F COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER 'IL ..... COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC_ ,_, 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 _t APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE ANDS' - ': INTENT, SEC.1.06.00 RULES OF INTERPRETATION,SEC. 1.07.00E:- '. LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; n +`- CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC.2.02.00 ESTABLISHMENT OF ZONING m e - ." = I DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN cn ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6— INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7— RESERVED; CHAPTER 8 — DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Page 1 of 6 Ckc tociQyv.0r . OLI ` �f1 c reccod iEl eatio described by the transportation circulation element of the growth management plan, a continuous single row hedge a minimum of 24 • inches in height spaced three feet on center, shall be planted along the RIGHT-OF-WAY side of the fence. The required trees shall be located on the side of the fence facing the RIGHT-OF-WAY. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover Into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. • The remaining area of the required LANDSCAPE BUFFER must contain only existing NATIVE VEGETATION, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing NATIVE VEGETATION in these areas. TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Properties District Subje 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ct - Prope rtY's Distric - t/Use 1. - B B BB B A A A A D A A Agric - ulture (A1) 2. A A B B . B B B C B D B C Resid ential (E, RSF) single fami • 3. A B A N A B B B B D B - C Resid ential (RMF -6, RMF- 12, RMF- 16) multif amity Page 110 of 247 e-� 4. A B A A B B A B B • D B - B Resid ential tourist om 5. . A A BB A B B B B • D B B • Vlllag • e reside ntlai (VIA 6. A B B •B B A -B B B D B B B Mobil e home • (MH) 7. A B B B B B A A A • D B B B Com mend atI(a- VT, C-2, C-3, C-4, C-5); Busin ess Park (BP) B. . A - C ' B B B B A -AZ A • 1D B B . B Indust earl (I) 9. A B B B B B A A A • D B C Public use (P). comm unity facility (CF). Golf Cours e Clubh ouse, Amen . Itr . Genie • r 1 • Page 111 of 247 • 10. * * * * • w w *. • w p Plann ed unit DEVE • LOP MEN • T (PUD) 11. D D D D D D D • D D D - a - Vehic ular righte- d- way 12. B B B B B B B B B B B A B C Golf cours • e maint enanc e 1 BUIL DING 13. - - - - - - - B - C Golf cows e 14. A C C B B B B B C * D C C D Auto mobil e servic e statio n i The letter listed under "ADJACENT Properties District" shall be the LANDSCAPE BUFFER and screening alternative required. The "-° symbol shall represent that no BUFFER is required. The PUD district BUFFER, due to a variety of differing land uses, is indicated by the °*" symbol, and shall be based on the LANDSCAPE BUFFER and screening of the district or use with the most similar types, densities and intensities of use. Where a conflict exists between the BUFFERING requirements and the YARD requirements of this Code, the YARD requirements of the subject zoning district shall apply. BBUFFERING in agriculture (A) districts shall be applicable at the time of site DEVELOPMENT PLAN (SDP) submittal. 2Industrial (1) zoned property, where ABUTTING industrial (I) zoned Page 112 of 247 property, shall be required to install a minimum five-foot-wide type A LANDSCAPE BUFFER ADJACENT to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter BUFFERS only. This reduction in BUFFER width shall not apply to BUFFERS ADJACENT to vehicular RIGHTS-OF-WAY or nonindustrial zoned property. 3BUFFER areas between commercial OUTPARCELS located within a SHOPPING CENTER may have a shared BUFFER 15 feet wide with each ADJACENT property contributing 7.5 feet. This does not apply to RIGHT-OF-WAY BUFFERS. �o o-5 Refer to section 5.05.05 for AUTOMOBILE SERVICE STATION (03'\,01 k doe, landscape requirements. \ys a. Business Parks A 25-foot wide LANDSCAPE BUFFER shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry wall, or BERM, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, BERM, or BERM/wall combination. b. BUFFERING and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment,trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from ADJACENT properties at ground view level and in view of roadway corridors. D. Standards for retention and detention areas in BUFFER YARDS Unless otherwise noted, all standards outlined in section 4.06.05 C. apply. Trees and shrubs must be installed at the height specified in this section. Water management systems, which must include retention and detention areas, swales, and subsurface installations, are permitted within a required BUFFER provided they are consistent with accepted engineering and landscaping practice and the following criteria: 1. Water management systems must not exceed 50 percent of the square footage of any required side, rear, or FRONT YARD LANDSCAPE BUFFER. Page 113 of 247 Attachment 6 0 1111--\ g ORDINANCE NO. 2004- 7 +' A, AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS ca" �"�aSL94�� AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE 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 SEC. 1.08.01 ABBREVIATIONS, INCLUDING SEC. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT, ADDING SEC. 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, ADDING SEC. 2.06.06 VIOLATIONS AND ENFORCEMENT; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA); CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.05.02 DESIGN STANDARDS, SEC. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-- OF-WAY, SEC. 4.06.04 TREE AND VEGETATION- PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE'' :; a REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROL' CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING_,_ a .- SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURAL-, STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.0Q ; • SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENT$:: AND ADEQUATE PUBLIC FACILITIES REQUIREMENTarr- INCLUDING SEC. 6.01.01 UTILITIES REQUIRED TO 135- INSTALLED UNDERGROUND; CHAPTER 8 - DECISION- MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES (EAC); CHAPTER 9 - • VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLY; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD; APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, Page I of 156 Words stwek-tlweugh are deleted,words underlined are added 1 Wh: :r the off-s a •a ins area will be used f•r - emplo ee arkIng. (12) Whether there are more viable alternatives available_ c. Off-street parkna areas must be accessible from a street, alley or other •ublic ri:h -of-wa .nd all off-s rest •arkin• facilities ust be so arranged thtgo motor vehicle shall have to back onto any stret, excluding single-family and two-family residential dwellings and churches gpproved under sections 4.05.04 G.and 4.05.09. SUBSECTION 3.14. AMENDMENTS TO SECTION 4.06.02 BUFFER Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Lard Development Code, is hereby amended to read as follows: 4.08.02 Buffer Requirements r * • * • r r r • r • • C. Table of buffer yards Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. i Alternative A:Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. / Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center.When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. • 3. Alternative C: 20-foot-wide,opaque within one year, landscape buffer with a six-foot wall,fence,hedge,or berm,or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of-way requirement of a six-foot wall, fence,hedge,berm or combination thereof.These projects shall provide a meandering Type D landscape buffer hedge.In addition,a minirrium of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D:A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein.The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way.Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way Is 100 or more feet,the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. a Trees shall be spaced no more than 30 feet on center In the Page 33 of 156 landscape buffer abutting a right-of-way or primary access road Internal to a commercial development. t. A continuous three gallon double row hedge spaced three feet on center of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way,pursuant to section 4.06.05 0.4. c. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three gallop single row hedge a minimum of 24 inches in height spaced three feet an center,shall be planted along the right-of-way side of the fence.The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems,tile,molding and wrought iron. d. The remaining area of the required landscape buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS • Adjacent Properties Zonings District pnd/oLProperty Use Subj 1 2 3 4 5 6 7 8 9 10 11 12 13 14 act Prop erty's Distri ctfUs e 1. - B B B B B A A A A D A A Agric utture (A1) 2. A A B B B B B C B D B - C Resi dents al(E, RSF) singl e- famil Y _3. A B A We A B B B B D B C Real dents al (RMF -6, RMF 12, RMF- 18) • multi amity Page 34 of 156 4. A B A A B B A B B • D B - Reel dent' al touris (RT) A B B B B D B - B 5. A A B B Viliag e resid entiai (VR) 6. A B B B B A B B 8 • D B BB Mobil e home (MI-I) D B B B 7. A BB BB B A A A Corn merci al3 (C-1, C- 1/T, C-2, C-3, C-4, C-5); Busin ass Park (BP) 8. A CB B B B A 'A2 A • D B B B Indus triai2 (I) 9. A B B BB B A A A • D B C Publi C corn munit Y facilat Y (CE), Golf Cour se Club hous a, Ame pity Cant or - D • •1Q. • •* Plan ned unit devel • opme nt (PUD Page 35 of 156 11. D D D D 0 D D D 0 D B D Vehic ular rights -of- way . B A B C 12. B B B B � B B B B B B Golf cours e maint enan ce build ing - - B - C 13. - - - - Golf cours e ^ p C C D 14. A C C B B B B B C Auto mobil ' • e servi ce stalk n — _ e. The letter listed under "Adjacent Properties Zoning District and/or • property Used shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer required by zoning district or property use, the more stringent buffer shall be required. The "- symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and shall be based on the landscape buffer and screening of the district or property use with 1% the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. p�1 'Buffering in agriculture (A) districts shall be applicable at the 11‘M‘) (.7 C� ° I time of site development plan(SDP)submittal. t '(\Qf� e1•'t' 2lndustrial (1) zoned property, where abutting industrial (I) zoned . �( 15 p property,shall be required to install a minimum five-foot-wide type �� {Q�� `^ �C A landscape buffer adjacent to the side and rear property lines. �aI � 5 This area shall not be used for water management. In addition, kkre trees may be reduced to 50 feet on center along rear and side n perimeter buffers only. This reduction in buffer width shall not ly.� ( I o ��' apply to buffers adjacent to vehicular rights-of-way or l dip, nonindustrial zoned property. .Q5 ka �" Buffer areas between commercial outparcels located within a o� k (A•112, shopping center may have a shared buffer 15 feet wide with �° `C contributing 7.5 feet. This does not apply C96� ,�q, each adjacent property g \'> to right-of-way buffers, f. Refer to section 5.05.05 for automobile service station landscape requirements. --- 071 Business Parks A 25-foot wide landscape buffer shall be provided around the boundary of • the business park.A six-foot tall opaque architecturally finished masonry Page 36 of 156 wall,or berm,or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall,berm,or berm/wall combination. b:6 Buffering and screening standards. In accordance with the provisions • of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. SUBSECTION 3.0. LANDSCAPING ANDIING REQU REMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of- Way, of Ordinance 04-41,as amended,the Collier County Land Development Code, is hereby amended to read as follows: 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way • • • • • • • • • M • • t B. Standards for landscaping in Vehicular Use Areas 1. Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area on-site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. Landscape islands for compact car parking areas shall be at least seven feet in width and at least 100 square feet in area. These tree requirements shall be met with existing native trees whenever such trees are located within the parking area and may be feasibly Incorporated into the landscaping. Where existing trees are retained in a landscape island the amount of parking spaces in that row may be increased to 15. A parking stall shall be no farther than 50 feet from a tree,measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area. Perimeter landscaping shall not be credited toward interior landscaping. 6_All rows of parking spaces shall be bordered on each end by curbed landscape Islands as shown in Figure 3, Terminal Landscape Islands. Each terminal Island shall measure Inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the island. Tvice l) curbing Is required ground all landscape islands . A terminal Island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parking spaces shall contain not less than two canopy trees. The Page 37 of 156 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 5.03.02 Fences and Walls, Excluding Sound Walls CHANGE: To correct an inaccurate code reference within LDC subsection 5.03.02 H.4.a. REASON: Scrivener's error. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Ellen Summers,Planning Technician, April 23, 2014. Amend the LDC as follows: 1 5.03.02 Fences and Walls, Excluding Sound Walls 2 * * * * * * * 3 H. Wall requirement between residential and nonresidential development. Whenever a 4 nonresidential development lies contiguous to or opposite a residentially zoned district, a 5 masonry wall, concrete or pre-fabricated concrete wall and/or fence shall be constructed 6 on the nonresidential property consistent with the following standards Exemptions and 7 exclusions from design standards. 8 1. Height and Location. 9 * * 10 4. Deviation from wall requirement. 11 a. At the applicant's request, the County Manager or designee may 12 determine that a masonry wall and/or fence is not warranted, particularly 13 where the local street lies contiguous to the rear of a residence or some 14 other physical separation exists between the residential development and 15 the nonresidential development, or for other good cause including the 16 existence of a wall on an adjacent residential development. The 17 applicant shall demonstrate that the intent of this section can be 18 effectively accomplished, without constructing a wall, by providing 19 submitting for approval of an alternative design and a descriptive 20 narrative through an Administrative Fence Wavier application, as set forth ^ 21 in the Administrative Code. through the administrative variance process 22 - - - •• _ e -- •- .'-.e _. .e. - -• - __-. The County Manager 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.03.02 Fences and Walls,Excluding Sound Walls\5.03.02 Fences and Walls,Excluding Sound Walls-Scrivener's error 050414.docx 5/8/2014 10:01:56 AM Text underlined is new text to be added. Bold text indicates a defined term 1 or designee shall review the submitted documents for consistency with 2 the intent of this section and, if the administrative variance is approved, r1 3 the approval and its basis shall be noted on the site development plan 4 and the administrative variance approval letter. 5 # # # # # # # # # # # # # 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.03.02 Fences and Walls,Excluding Sound Walls\5.03.02 Fences and Walls, Excluding Sound Walls-Scrivener's error 050414.docx 5/8/2014 10:01:56 AM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 5.04.04 Model Homes and Model Sales Centers CHANGE: To correct minor citation and formatting errors. REASON: The changes will assist in locating and applying the correct LDC sections. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,January 8, 2014. Amend the LDC as follows: 1 2 5.04.04 Model Homes and Model Sales Center 3 * * * * * * * * * * * * * 4 B. Model homes and model sales centers located within residential zoning districts, a 5 residential component of a PUD, the estates (E) zoning district, or the agricultural (A) 6 zoning district, shall be restricted to the promotion of a product or products permitted 7 within the zoning district in which the model home or model sales center is located and 8 further subject to the following: 9 1. Model homes shall only be permitted for dwellings that have not been previously 10 used as a residence. 11 2. A model home or model sales center is not intended to allow the full scope of real 12 estate activities and shall be restricted primarily to the sale and marketing of the 13 model or products similar to the model. A model home shall not include offices 14 for builders, contractors, developers, or similar activities. 15 3. Model homes may be "wet" or"dry." 16 a. Model homes permitted as "dry" models (unoccupied by a sales office 17 and/or representative) shall be limited to a conditional certificate of 18 occupancy allowing the use of the structure as a model only, provided all 19 required infrastructure is in place to service the unit. 20 b. Model homes permitted as "wet" models (occupied by a sales office 21 and/or representative) shall not be occupied until such time as all required 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.04 Model Homes and Model Sales Centers\5.04.04 Model Homes and Model Sales Centers 032314.docx 5/8/2014 10:02:15 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 infrastructure is available to service the unit and a permanent certificate of 2 occupancy has been issued. 3 c. Transportation to and from unoccupied model homes shall be provided at 4 a sales center, which also provides required parking and handicapped 5 accommodations in accordance with LDC section 5.04.04_{C). 6 d. Model homes occupied by a sales office and/or representative must have 7 all required landscaping, parking, and handicapped access on site. 8 e. A temporary use permit for a model home (occupied or unoccupied) shall 9 be issued initially for a period of three (3) years. Extensions in excess of 10 this period shall require submittal and approval of a conditional use 11 petition in accordance with LDC section 10.08.00Chapter 10 of this Code. 12 4. Model sales centers may be located in either a temporary structure, usually a 13 mobile home, or a permanent structure which is either a residential dwelling 14 unit or a non-residential structure. Temporary use permits shall be issued as 15 follows: 16 a. A temporary use permit for a sales center in a temporary structure shall 17 be issued initially for a period of}hee-(3)-years and may be renewed 18 annually based upon demonstration of need. 19 b. A temporary use permit for a sales center in a permanent structure 20 which is a residential dwelling unit shall be issued initially for a period of 21 three (3) years. Extensions in excess of this period shall require submittal 22 and approval of a conditional use petition in accordance with LDC 23 section 10.08.00Chapter 10 of this Code. 24 c. A temporary use permit for a sales center in a permanent structure other 25 than a residential dwelling unit shall be issued initially for a period of 26 three (3)years and may be renewed annually on demonstration of need. -- 27 5. Temporary use permits for model homes or model sales centers to be located 28 within a proposed single-family development prior to final plat approval may be 29 requested by the applicant and require: 30 a. Administrative approval of a plat and construction plans showing all 31 required infrastructure for the lot(s) on which the model home or model 32 sales center is to be located. 33 b. A site development plan (SDP) pursuant to LDC section 34 10.02.03Chapter 10. 35 c. A maximum of (5) models, or a number corresponding to ten-(10) 36 percent of the total number of platted lots, whichever is less, per platted, 37 approved development shall be permitted prior to final plat approval as 38 specified above. 39 d. The applicant shall provide documentation that all required utilities will be 40 available to the subject site, and, where required, shall depict such 41 utilities in detail on the SDP. 42 e. The parcels on which the models are located must abut a privately 43 owned and maintained road, temporary in nature or permanently 44 constructed to Collier County roadway standards. 45 f. The boundaries depicted on the preliminary subdivision plat shall be 46 depicted on the SDP in order to ensure compliance with the applicable 47 development standards in effect on the subject property. 48 g. Final lot grading and drainage conveyance shall be in conformance with 49 the master grading plan for the project as depicted on the preliminary 50 subdivision plat submittal documents. 2 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.04 Model Homes and Model Sales Centers\5.04.04 Model Homes and Model Sales Centers 032314.docx 5/8/2014 10:02:15 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 6. Temporary use permits for model units or units used for sales centers in multi- --- 2 family projects shall not be issued prior to plat recordation and final approval of 3 the project site development plan. 4 7. All other temporary use requests for model homes shall require the submission of 5 a conceptual plan which demonstrates that provisions will be made to adequately 6 address the requirements of LDC section 5.04.04_{C). 7 8. Temporary use permits for a model sales center within an existing subdivision 8 shall require a site plan as follows: 9 a. In the case of a permanent structure which is a dwelling unit, a site 10 improvement plan (SIP) per LDC section 10.02.0310.02.0/1 of this Bodo; 11 b. In the case of a permanent structure which is other than a dwelling unit, 12 a site development plan (SDP); 13 c. In the case of a temporary structure (mobile home or sales trailer), either 14 a conceptual site plan (CSP) which addresses the requirements of LDC 15 section 5.04.04{C3, or a SIP, depending on the extent of the work 16 required. 17 d. A SIP, depending on the extent of the work required. 18 9. Temporary use permits for model homes to be located within a proposed single- 19 family development may be approved following administrative approval of a plat 20 and construction drawings for all required infrastructure encompassing the lots 21 on which the models are to be constructed pursuant to LDC section 4.03.00, and 22 a CSP which addresses the requirements of LDC section 5.04.04{G) of this 23 Gede. Unoccupied (dry) model homes will be permitted only in conjunction with 24 an approved SDP for a model sales center which provides adequate parking to 25 support the model(s). 26 10. Temporary use permits for occupied (wet) model homes following subdivision 27 approval shall require a CSP which addresses the requirements of section 28 5.04.04{C) of the LDCthis Code. Temporary use permits for unoccupied model 29 homes following subdivision approval shall require a CSP and shall be issued 30 only in conjunction with an approved SDP or SIP for a model sales center which 31 provides adequate parking to support the model(s). 32 # # # # # # # # # # # # # 33 3 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.04 Model Homes and Model Sales Centers\5.04.04 Model Homes and Model Sales Centers 032314.docx 5/8/2014 10:02:15 AM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 5.04.05 Temporary Events CHANGE: To amend the Special Events section of the LDC and include a new provision for open air markets. An open air market is described as a public marketplace where food and merchandise is sold on sites within certain nonresidential zoning districts. An open air market includes farmer's markets and flea markets. The section establishes standards based off of current practices by open air markets in the County as well as other municipal code provisions in Florida. The proposed language identifies where open air markets can be held, application submittal requirements, and standards for approval. It should be noted that PUDs can include a community event, farmer's market, flea market, open .-� air market, etc. within the PUD as a permitted use and do not obtain a Temporary Use Permit for each event. The purpose of an open air market, which allows for a numerous vendors to sell goods as a group, is distinct from the purpose of a sales and promotional event for an established business, i.e. a sidewalk sale or tent sale conducted by the established business. Therefore, it is proposed that the special event time frames are adjusted so the two event types can occur exclusive of one another. The proposed language allows for the following: • Up to 28 event days per calendar year for an open air market at any one location. Additionally, an open air market shall not exceed more than three consecutive event days at any one location. • Up to 28 event days per calendar year for a sales and promotional event at any one location. • Relocates and consolidates the time frames within the Sports, religious and community event section to the Special Event timeframes. • Adjusts the time frame extension section to reflect 24 event days. This is 4 days less than the current standard (4 weeks = 28 days). This change is proposed in order to be consistent with the number of weekends within a calendar year. Additionally, the amendment proposes to provide event days in place of weeks. This will provide consistency with the rest of the section. REASON: Currently, open air markets are reviewed by Staff under the LDC section 5.04.05 A.1 - Sales and Promotional Events. However, this section is intended for tent sales and sidewalk sales for permanently established businesses. This section identifies that sales should be related 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 050514 DSACLDR.docx 5/8/2014 10:02:44 AM Text underlined is new text to be added. Bold text indicates a defined term to the principal activities in operation at the subject property, however, this is too narrow for an open air market. Generally, open air markets sell a broad array of food and retail goods which may or may not be available for sale within adjacent businesses. Further, places of worship, community facilities, public and private schools, and public parks also hold open air markets and typically do not sell many retail goods on a regular basis. The proposed amendments to the special event time are designed to separate the special event type timeframes and remove any overlap of event days. The proposed timeframes will allow a nonresidential site to have 28 event days per calendar year for open air markets and 28 event days for sales and promotional events, subject to meeting LDC standards. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Code of Laws and Ordinances Sec. 126-155. (Chapter 126 — Taxation, Article IV. Local Business Tax.) Farmer's markets, flea markets, etc. where individuals sell from stalls. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATION: • Amend the number of event days to 30, rather than 28 event days. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,January 9, 2013, May 6, 2014. Amend the LDC as follows: 5.04.05 Temporary Events 1 2 A. Special Events. 3 1. Open air markets. 4 a. Purpose. The purpose of an open air market is to allow for the open air sale of 5 retail products in certain nonresidential zoning districts. This includes farmers 6 markets and flea markets. Temporary use permits for open air markets may be 7 issued for use on improved or unimproved properties. 8 b. Location. Open air markets are allowed in the following locations: 9 i. ' Rural Agricultural, Commercial, Business Park, Public Use District, 10 and Community Facility zoning districts. 11 ii. Commercial and Community Facility designated areas within a 12 PUD. 13 iii. Community facilities, such as public and private schools and 14 public parks. 15 iv. Places of worship. 16 c. Application. The Administrative Code shall establish the procedural 17 requirements for an open air market. 18 i. The application shall include a site plan depicting the location of 19 the event, the boundaries of the market, location of temporary 20 signage, structures, and designated parking areas for patrons. 21 ii. The hours of operation. 2 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 050514 DSACLDR.docx 5/8/2014 10:02:44 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 iii. An approval letter, signed by the property owner, identifying the �-. 2 property owner's permission to use the location for an open air 3 market on the event dates. The approval letter shall include the 4 location's street address and the property owner's contact 5 information. 6 d. Standards for an open air market. 7 i. A building permit may be required for the erection of temporary 8 structures. 9 ii. Hours of operations shall be limited to the daylight hours (sunrise 10 and sunset). 11 iii. All vendor goods shall be removed daily from the premises after 12 operational hours. 13 iv. Sanitary facilities shall be provided for the duration of the event. 14 Provide proof of consent by business management if permanent 15 business restrooms are to be utilized. 16 v. Safe ingress and egress shall be provided. 17 vi. Traffic circulation shall be maintained. 18 vii. Adequate parking space shall be provided for patrons. If located 19 within a commercial area adequate parking space shall be 20 reserved for established businesses. 21 iix. No sales shall be permitted in the public right-of-way. 22 ix. Temporary signage shall be subject to the restrictions set forth in 23 LDC section 5.04.06. 24 x. All temporary structures and equipment, merchandise, or 25 placement and parking of vehicles in conjunction with the open air .- . 26 market, shall be located in a parking lot or open space and 10 feet 27 from the property line. 28 e. Operators of an open air market and individuals selling goods at an open 29 air market are responsible for compliance with local business tax 30 requirements, pursuant to Collier County Code of Laws and Ordinances 31 Sec. 126-143, Sec. 126-152, and Sec. 126-155, or successor sections. 32 f Each vendor is responsible for securing and displaying all necessary 33 licenses, including but not limited to any license and or approval required 34 when offering prepared food for consumption, including but not limited to 35 Florida Department of Agriculture, Food Safety and Department of 36 Business and Professional Regulation. 37 42. Sales and Promotional Events. 38 a. A temporary use permit is required for temporary sales and/or 39 promotional events on non-residential property, such as grand openings, 40 going out of business sales, special promotional sales, sidewalk sales, 41 overstock sales, tent sales, or other similar uses for sales and 42 promotional events related to the principal activities in operation at the 43 subject property, unless otherwise provided for in this section. 44 b. The Administrative Code shall establish the procedural requirements for a 45 temporary use permit for sales or promotional events. 46 c. In support of the proposed temporary sale or event, temporary signs, 47 merchandise, structures, and equipment may be placed subject to 48 approval of a site plan depicting same. 49 i. Temporary signage shall be subject to the restrictions set forth in 50 LDC section 5.04.06 51 ii. All temporary structures and equipment, merchandise, or 52 placement and parking of vehicles in conjunction with the 3 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 050514 DSACLDR.docx 5/8/2014 10:02:44 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 temporary sale, shall be located in a parking lot or open space 2 and 10 feet from the property line. conform to the minimum yard 3 requirements of the zoning district in which it is located. 4 iii. A building permit may be required for the erection of temporary 5 structures. 6 d. Temporary use permits for sales may be issued to the owner(s) of a 7 commercial establishment, or to the tenant(s) operating within a 8 commercial establishment with the approval of the property owner or 9 property manager, provided said tenant provides documentation of a 10 current annual lease with the property owner. Uses permitted by an 11 approved temporary sales permit shall be operated by the property owner 12 or tenant(s), except as provided for in LDC sections 5.04.05 A.42.g. and 13 5.04.05 A.42.h. below. 14 e. Temporary use permits for sales shall be restricted to those zoning 15 districts in which the sale of the items would normally be permitted. 16 Further, the sales activity permitted by the temporary use permit shall be 17 related to the principal commercial activities in operation on the subject 18 property, except as provided for in subsections 5.04.05 A.42.g. and 19 5.04.05 A.42.h. below. 20 f. Special event tTemporary use permits for Sales and Promotional Events 21 shall not be issued for undeveloped properties, with exception to pre- 22 construction ground breaking events with a valid development order. 23 g. The County Manager or designee may issue temporary use permits for 24 satellite locations subject to the applicable restrictions set forth in this 25 section, provided the applicant currently operates a business from a 26 permanent, approved commercial location within the County. Additionally, -- 27 the purpose of the temporary sale shall be the same as the principal 28 purpose of the existing commercial business of the applicant. 29 h. The County Manager or designee may, in determining a specific benefit 30 to the public, grant a temporary use permit to facilitate the sale of an item 31 or items not generally available within a specific planning community, 32 subject to the applicable restrictions set forth in this section. 33 23. Sports, religious, and community events. 34 a. A temporary use permit is required for sports, religious, community, or 35 other similar events sponsored by profit, nonprofit, charitable, civil, or 36 membership organizations, on lands not specifically developed and 37 approved for such activities on a regular basis. The County Manager or 38 - ' • - - - - - - - _ _. -- - - - _- .. - - - - ' 39 days duration for such events. 40 b. Temporary use permits of this type may, in support of the use being 41 permitted, include the placement of temporary signs, merchandise, 42 structures and equipment, and a mobile home as an office, but not for 43 residency. 44 i. Temporary signage shall be subject to the restrictions set forth in 45 section 5.04.06 46 ii. A building permit may be required for the placement and/or 47 erection of temporary structures. 48 c. Temporary use permits in this category shall be restricted to those zoning 49 districts in which the use would normally be permitted, unless otherwise 50 approved by the Board of County Commissioners via a public petition 51 request. 4 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 050514 DSACLDR.docx 5/8/2014 10:02:44 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 d. The County Manager or designee shall accept, without fee, temporary 2 use permit applications for sports, religious, community, or other similar 3 events, upon presentation of documentation that the sponsor of the event 4 is a bona fide nonprofit organization and the event is intended to benefit 5 the community at large or a specific group of individuals. Two such events 6 7 -34. Special Event time limits. 8 a. Open air markets. The County Manager or designee may grant 9 nonrenewable temporary use permits for open air markets. Each permit 10 shall allow for up to 14 event days, not to exceed more than 7 11 consecutive event days at any one location. No open air market at any 12 one location shall exceed 28 event days within a calendar year. 13 b. Sales and Promotional Events. The County Manager or designee may 14 grant nonrenewable temporary use permits for sales and promotional 15 events. Each permit shall allow for of up to 14 event days. No sale and 16 promotional event at any one location shall exceed 28 event days within a 17 calendar year. duration, such that during any calendar year the sum total 18 -- - - - - -- .. - -- - . -- - - --- - - 19 28 days. 20 b. i. For multiple occupancy parcels with 10 or more tenants 21 the total duration of all such permits shall not exceed 42 event 22 days per calendar year. 23 c. Sports, religious, and community events. The County Manager or 24 designee may grant a nonrenewable temporary use permit of up to 14 25 event days. Two such events per calendar year per organization are -- 26 eligible for this permit. 27 od. Extensions. Temporary use permits for special events may be extended 28 up to an additional /1 wecks 24 event days when approved by the Board 29 of County Commissioners. Such approval may be subject to stipulations 30 and additional constraints which shall be noted as conditions of the permit 31 and the permittee will be required to sign a notarized agreement to abide 32 by such conditions. 33 B. Temporary seasonal sales. A nonrenewable 5 week temporary use permit may be 34 issued for seasonal and holiday related temporary sales subject to the following 35 restrictions. 36 1. Temporary use permits for seasonal sales may be issued only for the following 37 seasonal/holiday related items: 38 a. Christmas trees. 39 b. Fireworks (subject to the issuance of an approved permit by the 40 jurisdictional fire district). 41 c. Pumpkins. 42 2. Temporary use permits for seasonal sales may be issued on improved or 43 unimproved properties. 44 3. The applicant shall provide a notarized letter from the property owner or 45 property manager granting permission to utilize the subject property for the 46 temporary seasonal sales. 47 4. Temporary use permits for seasonal and/or holiday sales may, in support of the 48 use being permitted, include the placement of signs, merchandise, temporary 49 structures, and equipment. 50 i. Temporary signage is subject to the restrictions set forth in subsection 51 LDC section 5.04.06 A & B. 5 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 050514 DSACLDR.docx 5/8/2014 10:02:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 ii. A building permit may be required for the erection of temporary 2 structures. 3 C. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales 4 to be held at private homes, churches and other places of worship, community centers, 5 or other nonprofit residentially zoned institutions, the County Manager or designee may 6 issue one 2-day permit for such events during each 6 month period. 7 D. Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may, 8 from time to time, be called upon to allow certain uses for specific periods of time. After 9 public hearing, the County Manager or designee may issue a Temporary Use Permit 10 upon receipt of satisfactory evidence that all stipulations and/or requirements have been 11 satisfied. 12 1. Bona fide 4-H Youth Development Programs. A non-renewable 16 week permit 13 may be issued to allow for the keeping of up to 2 hogs, on Estates zoned 14 property of 1.25 acres or greater, in preparation for showing and sale at the 15 annual Collier County Fair. 16 a. Pastures shall be fenced and maintained. Any roofed structure used for 17 the sheltering, feeding, or confinement of such animals shall be setback 18 a minimum of 30 feet from lot lines and a minimum of 100 feet from any 19 residence on an adjacent parcel of land. 20 b. Structures, as described above, shall be maintained in a clean, healthful, 21 and sanitary condition. 22 c. Once removed for showing and/or sale,the hog(s) shall not be returned 23 to the property. 24 d. This permit may be revoked with cause. # # # # # # # # # # # # # 6 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 050514 DSACLDR.docx 5/8/2014 10:02:44 AM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division Staff AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 5.04.05 Temporary Events CHANGE: To clarify that a temporary use permit may be issued for fireworks, as allowed by Florida Statutes Chapter 791. REASON: Currently, the LDC section 5.04.05 Temporary Events identifies that a temporary use permit may be obtained for the seasonal sale of fireworks. The term "fireworks" is defined in Chapter 791 and noted below. The proposed LDC amendment establishes that a temporary use permit may be issued for the seasonal sale of fireworks as long as the sale is consistent with and allowed by the regulations identified in F.S. Chapter 791. The proposed language ensures that the public understands the County is only issuing temporary use permits for actions that are permissible under Florida Statutes. F.S. 791.01 defines "Fireworks"as the following: 4)(a) "Fireworks"means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration,or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance. (b) "Fireworks" does not include sparklers approved by the division pursuant to s. 791.013; toy pistols,toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. (c) "Fireworks" also does not include the following novelties and trick noisemakers: 1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate. 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 B Tempoary Events-Fireworks\5.04.05 B Temporary Events fireworks 120513.docx 5/8/201410:09:56 Ann Text underlined is new text to be added. Bold text indicates a defined term 2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning,produces white or colored smoke as the primary effect. 3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes: a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report. b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report. c. A snapper, which is a small,paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition. d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks. e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report. f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report. The sale and use of items listed in this paragraph are permitted at all times. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: F.S. Chapter 791. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,Nov. 25th Amend the LDC as follows: 5.04.05 Temporary Events * * * * * * * * * * * * 1 B. Temporary seasonal sales. A nonrenewable 5 week temporary use permit may be 2 issued for seasonal and holiday related temporary sales subject to the following 3 restrictions. 4 1. Temporary use permits for seasonal sales may be issued only for the following 5 seasonal/holiday related items: 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 B Tempoary Events-Fireworks\5.04.05 B Temporary Events fireworks 120513.docx 5/8/2014 10:09:56 Ann Text underlined is new text to be added. Bold text indicates a defined term 1 a. Christmas trees. ^ 2 b. Fireworks, as allowed by F.S. Chapter 791 and{subject to the issuance of 3 an approved permit by the jurisdictional fire district)_ 4 c. Pumpkins. 5 2. Temporary use permits for seasonal sales may be issued on improved or 6 unimproved properties. 7 3. The applicant shall provide a notarized letter from the property owner or 8 property manager granting permission to utilize the subject property for the 9 temporary seasonal sales. 10 4. Temporary use permits for seasonal and/or holiday sales may, in support of the 11 use being permitted, include the placement of signs, merchandise, temporary 12 structures, and equipment. 13 i. Temporary signage is subject to the restrictions set forth in LDC 14 subsection 5.04.06 A & B. 15 ii. A building permit may be required for the erection of temporary 16 structures. 17 # # # # # # # # # # # # # 3 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 B Tempoary Events-Fireworks\5.04.05 B Temporary Events fireworks 120513.docx 5/8/2014 10:09:56 AM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 5.06.00 Sign Regulations and Standards by Land Use Classification 5.06.02 Development Standards for Signs within Residential Districts 5.06.04 Development Standards for Signs in Nonresidential Districts 5.06.05 Exemptions from These Regulations 5.06.06 Prohibited Signs 5.06.09 Nonconforming Signs �w CHANGE: 1. To include a definition of Light Pole Banners within the definitions section of LDC section 5.06.00. 2. To amend LDC section 5.06.02—Development Standards for Signs within Residential Districts to allow for additional residential directional signage. It is proposed that there is no limit on the number of signs provided they are separated by a minimum distance of 250 feet or a private right-of way. This section has been reorganized to clarify the dimensional standards and exceptions. 3. To include a provision within 5.06.02—Development Standards for Signs within Residential Districts to allow for community amenity signs internal to the site These signs would mark the entrance to a community center, clubhouse, health spa, tennis club, or other recreational facility intended to serve the residential development. The proposed provision allows for two ground signs, with a height of 8 feet and a sign copy area of no more than 32 square feet per sign and one wall sign. In addition, to allow for informational signs, which are often used to post information for the community. It is proposed these signs are limited to no larger than 8 feet in height and 16 square feet in area and located interior to the residential development. This section is intended to apply to all new and existing residential developments within the County, including those subdivisions created through the PUD process. Language has been included in this section to reflect this intent. 4. To include a provision within 5.06.02—Development Standards for Signs within Residential Districts to allow for Light Pole Banners within a residential development I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etc.Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 050814 DSACLDR.docx 5/8/2014 2:15:46 PM Text underlined is new text to be added. Bold text indicates a defined term and applicable portions of residential PUDs. The light pole banners would provide for a clearance of 8 feet from the lowest point of the bracket structure. The light pole banner would allow for no more than 12 square feet of banner per light pole (the banner size encompasses the sign copy area). Residential communities would be required to provide the maintenance for the light pole banners. Light pole banners shall be made of fabric. The light pole banner shall be filled at all times. No permit would be required for the installation of the light pole banner. A permit is required for the installation of the light pole. This section is intended to apply to all new and existing residential developments within the County, including those subdivisions created through the PUD process. Language has been included in this section to reflect this intent. 5. To include a provision within 5.06.02 Development Standards for Signs within Residential Districts to allow for Boundary Markers, which are used by residential communities to identify the edge of a development. A boundary marker is a ground sign and is located at the corner of the property to mark the edge of a development. It may contain the name of the subdivision and the insignia or logo of the subdivision. The maximum height shall be 8 feet and a minimum setback of 10 feet is required from all property lines or road right of way. The sign face shall not exceed 24 square feet in area and the height of the sign face shall not exceed the height of the monument or structure upon which it is located. A maximum of two boundary markers will be allowed on any one road frontage with a minimum distance between them of 250 feet. This section is intended to apply to all new and existing residential developments within the County, including those subdivisions created through the PUD process. Language has been included in this section to reflect this intent. 6. To amend LDC section 5.06.05 Exemptions from These Regulations and identify that religious displays that do not constitute advertising shall be exempt from the standards within the 5.06.00. 7. To amend LDC section 5.06.06 Prohibited Signs and identify that LED lights shall not be exposed and require a light fixture covering. Please note that exposed neon "Open" signs are allowed under 5.06.04 F.4.e. 8. To amend LDC section 5.06.09 Nonconforming Signs to address changes in sign copy. The proposed amendment would allow for an exception to the nonconforming sign provision and would allow for sign copy (i.e. the removable panels which identify business names) to be changed for permitted signs which have become nonconforming over time. No change in size, shape, or function of structure would be allowed. 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etcc..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 050814 DSACLDR.docx 5/8/2014 2:15:46 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term REASON: 1. The proposed definition of Light Pole Banners is necessary for the proposed new standards for light pole banners within LDC section 5.06.02—Development Standards for Signs within Residential Districts. 2. The proposed amendment to LDC section 5.06.02-Development Standards for Signs within Residential Districts will allow residential communities to utilize a greater number directional signs internal to a site. In particular,this has been an issue for developments which have multiple subdivisions and amenities. Many developments have included it within their PUD ordinances. This provision will apply to all future and existing PUD residential developments.No limitation on the number of directional signs is proposed; however, a minimum separation distance between each sign will be required. This will limit the number of signs that can be used within private right-of ways. Directional signage within a public right-of-way will require a Collier County right-of-way permit. It is further proposed the section has been reorganized to clarify the dimensional standards and exceptions. 3. The proposed amendment to LDC section 5.06.02—Development Standards for Signs within Residential Districts allows for community amenity signs internal to the site. The current LDC sign provisions do not provide for this sign type. These signs would mark the entrance to a community center, clubhouse, health spa, tennis club, or other recreational facility intended to serve the residential development. The proposed size is derived from the standard entrance signage to a community. This is a common request of PUD developments. 4. The proposed amendment to LDC section 5.06.02—Development Standards for Signs within Residential Districts would allow for Light Pole Banners within a residential development and applicable portions of residential PUDs. The banner copy area of 12 square feet is based off one of the lager signage sizes available on the market. The provision outlines that residential communities are required to provide the maintenance for the light pole structure and light pole banners and that the light pole banners shall be made of a fabric material. These provisions will support the maintenance and durability of the light pole banner. 5. The proposed amendment to LDC section 5.06.02 —Development Standards for Signs within Residential Districts will allow for Boundary Markers, which are used by residential communities to identify the edge of the development. 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etcc..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 050814 DSACLDR.docx 5/8/2014 2:15:46 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 6. The proposed amendment to LDC section 5.06.05 Exemptions from These Regulations identifies that religious displays that do not constitute advertising shall be exempt from the LDC signage standards. This provides an exemption for religious symbols to be used and not reviewed as a form of marketing or advertising. 7. The proposed amendment to LDC section 5.06.06 Prohibited Signs updates the LDC and establishes that LED lights, similar to neon lights require a light fixture covering. This provision brings the LDC in line with current practices and technological advances within the lighting industry. Please note that exposed neon"Open" signs are allowed under 5.06.04 F.4.e. 8. The proposed amendment to LDC section 5.06.09 Nonconforming Signs follows current policy to allow for a change in copy on existing nonconforming signs. The provision identifies this as an exemption to the standard nonconforming provisions. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: • For the light pole banner definition, consider other types of light pole banner materials, such as aluminum or plastic. If other materials are allowed, section 5.06.00 B.13 may need to be amended as there may be no bracket utilized. • Identify an exception to following language, as PUDs may be more permissive than what is proposed: "In the event of a conflict between this provision and a PUD ordinance, this language shall control."This language is within several of the proposed LDC sections. • For LDC Section 5.06.02 regarding boundary markers, the subcommittee recommended that 10 feet is used for the height, rather than 8 feet, as they relayed this is the height which is generally requested during the PUD process. Note: The 8 foot fence is based on the LDC standards in LDC section 5.03.02 H.1.a. • Address whether a building permit is necessary to change out sign copy within a nonconforming sign structure. • Staff incorporated several subcommittee recommendations, including increasing the sign face of a boundary marker from 16 square feet to 24 square feet and providing a minimum separation distance of 250 feet from another boundary marker on any one road frontage. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,November 6, 2013, January 6, 2014, May 8, 2014. Amend the LDC as follows: 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etcc..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 050814 DSACLDR.docx 5/8/2014 2:15:46 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 5.06.00 Sign Regulations and Standards by Land Use Classification 2 3 A. Definitions. The definitions of the following terms shall apply to the requirements of the 4 Land Development Code, in particular this section 5.06.00, to be known as the "Collier 5 County Sign Code." 6 * * * * * * * * * * * * 7 Light Pole Banners: Fabric panels projecting from light poles. 8 # # # # # # # # # # # # # 9 10 5.06.02 Development Standards for Signs within Residential Districts 11 * * * * * * * * * * * * * 12 B. Applicability. Signs within residential zoning districts, and in designated residential 13 portions of PUD zoned properties shall be permitted as provided for in this section. 14 * * * * * * * * * * * * * 15 5. On-premises directional signs. This provision shall apply to all new and 16 existing residential developments within Collier County, including all created 17 through the PUD process. In the event of a conflict between this provision and a 18 PUD ordinance, this language shall control.Directional signs are subject to the 19 following standards: • _ -- - •_ • ' e-- - -- - - - , • -- - —"e_ , - ^e 20 located internal to the subdivision or development may be allowed under the '—' 21 following restrictions. 22 a. Each sign shall be setback a minimum of 10 feet from the edge of the 23 roadway, paved surface or back of the curb, as applicable. 24 b. There is no limitation on the number of directional signs provided they are 25 separated by a minimum distance of 250 feet or a road right-of-way. 26 lac. These signs may be combined into 1 Signs shall be no greater than 4 27 square feet in area and 4 feet in height. 28 i. Exception. One on-premise directional sign with a maximum area 29 of 24 square feet and a maximum height of 8 feet is allowed. Such 30 com-bined signs requires a building permit. 31 d. Directional signs shall be located internal to the subdivision or 32 development. 33 * * * * * * * * * * * * * 34 12. Community Amenities Signs. 35 a. Amenity sign. A community center, clubhouse, health spa, tennis club, 36 and other recreational facilities intended primarily to serve the residential 37 communities and/or residential components of a PUD are allowed to have 38 amenity signs located interior to the residential development and shall not 39 be visible from external roadways. This provision shall apply to all new 40 and existing residential developments within Collier County, including all 41 created through the PUD process. In the event of a conflict between this 42 provision and a PUD ordinance, this language shall control. The following 43 amenity signs are allowed: 44 i. A maximum of 2 ground signs with a height of 8 feet and a sign 45 copy area of no more than 32 square feet per sign. Signs shall be I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etcc.c..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 050814 DSACLDR.docx 5/8/2014 2:15:46 PM Text underlined is new text to be added. Bold text indicates a defined term 1 located at the main entrance to the facility. A minimum 10 foot 2 setback from the property line or road right-of-way is required. 3 ii. A maximum of 1 wall sign, pursuant to 5.06.02 B.7. 4 b. Information sign. A community information sign shall be no larger than 6 5 feet in height and 16 square feet in area. An informational sign shall be 6 located interior to the subdivision or residential development. 7 13. Light Pole Banner. Light pole banners shall be located interior to residential 8 developments and/or residential components of a PUD and shall not be visible 9 from external roadways. One light pole banner may be attached to community 10 street light poles with a minimum clearance of 8 feet, measured from the lowest 11 point of the light pole banner bracket. Light pole banners shall be no more 12 than 12 square feet per banner. This provision shall apply to all new and existing 13 residential developments within Collier County, including all created through the 14 PUD process. In the event of a conflict between this provision and a PUD 15 ordinance, this language shall control. 16 a. Residential communities shall be responsible for the maintenance of all 17 light pole banners. No permit is required to install a light pole banner. 18 14. Boundary Markers. One boundary marker or monument structure may be located 19 at each property corner. The boundary marker may contain the name of the 20 subdivision and the insignia or motto of the development. This provision shall 21 apply to all new and existing residential developments within Collier County, 22 including all created through the PUD process'. In the event of a conflict between 23 this provision and a PUD ordinance, this language shall control. 24 a. The maximum height is 8 feet to the uppermost portion of the boundary 25 marker structure. 26 b. The sign face area may not exceed 24 square feet in area and may not 27 exceed the height or length of the monument or structure upon which it is 28 located. 29 c. Minimum setback from all property lines and road right-of-way is 10 30 feet. 31 d,,. A maximum of two boundary markers shall be allowed on any one road 32 frontage,provided that boundary markers are separated by a minimum 33 distance of 250 feet. 34 35 # # # # # # # # # # # # # 36 37 5.06.04 Development Standards for Signs in Nonresidential Districts 38 * * * 39 F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall 40 signs, and mansard signs shall be allowed in all nonresidential zoning districts subject 41 to the restrictions below: 42 * * 43 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or 44 awning sign shall be permitted for each single-occupancy parcel, or for each 45 unit in a multiple-occupancy parcel. Sign(s) shall be affixed to the associated 46 tenant or lease holder's unit, with exceptions for architectural design 47 impediments, as noted in LDC section 5.06.04 F.4.b. End units within shopping 48 centers and multiple-occupancy parcels, or single occupancy parcels where 49 there is double frontage on a public right-of-way, shall be allowed 2 signs, but 50 such signs shall not be placed on one wall. Retail businesses with a floor area of 51 larger than 25,000 square feet and a front wall length of more than 200 linear I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etcc..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 050814 DSACLDR.docx 5/8/2014 2:15:46 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 feet, are allowed 3 wall signs; however, the combined area of those signs shall • 2 not exceed the maximum allowable display area for signs by the LDCthis G do. 3 a. The maximum allowable display area for signs shall not be more than 20 4 percent of the total square footage of the visual facade including windows 5 of the building or unit to which the sign will be attached and shall not, in 6 any case, exceed 150 square feet for buildings or units up to 24,999 7 square feet, 200 square feet for buildings or units between 25,000 and 8 59,999 square feet and 250 square feet for buildings over 60,000 square 9 feet in area. 10 b. No wall sign shall exceed 80 percent of the width of the unit(s) or the 11 building with a minimum of 10 percent clear area on each outer edge of 12 the unit(s) or of the building. Exceptions may be granted for architectural 13 design impediments subject to noted approval(s). 14 i. The clear area, however, may be reduced in width or eliminated 15 provided approval is granted by the County Manager or designee. 16 if it interferes with the architectural features of the unit(s) or the 17 18 ii. A sign may encroach onto an adjacent unit provided the 19 following: 20 a) Approval is granted by the County Manager or designee; 21 and 22 b) A notarized authorization letter is required at the time of 23 building permit submittal from the property owner or 24 property management company giving authorization for the 25 sign installation and encroachment onto the adjacent 26 tenant space. 27 c. No wall or mansard sign shall project more than 18 inches from 28 the building or roofline or exceed the height of the parapet wall to 29 which it is attached. 30 d. Additional signs are allowed on facades located interior to courtyards 31 and shopping malls and the like provided the signs are not visible from 32 any public property (e.g. street, right-of-way, sidewalk, alley), interior 33 drive, parking lot or adjacent private property. 34 e. In addition, any non-illuminated, non-reflective signs located in a window 35 shall not exceed 25 percent of each window area. No building permit 36 required. 37 i. Signs located in windows shall not be illuminated in any manner 38 with the following exception: 39 a) One sign per business establishment that is located in a 40 window may have 2.25 square feet of illuminated signage. 41 f. Multi-story buildings with 3 or more stories are limited to 1 wall sign per 42 street frontage not to exceed a maximum of 2 wall signs per building, 43 but such signs shall not be placed on the same wall. 44 i. Wall signs may be located in the uppermost portion of the 45 building not to exceed the main roof or parapet. A notarized 46 authorization letter is required at the time of building permit 47 submittal from the property owner or property management 48 company giving authorization as to which tenant signs will be 49 allowed. 50 ii. On first floor commercial units only, 1 wall sign shall be allowed 51 not to exceed 20 percent of the total square footage of the visual 52 facade of the unit to which the sign will be attached and shall not 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etc.Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 050814 DSACLDR.docx 5/8/2014 2:15:46 PM Text underlined is new text to be added. Bold text indicates a defined term 1 in any case exceed 64 square feet. This sign shall be located 2 solely on the facade of the unit which the tenant occupies. 3 # # # # # # # # # # # # # 4 5 5.06.05 Exemptions from These Regulations 6 7 The following signs and actions are exempt from the permit requirements of the LDCthis Bede, 8 and shall be permitted in all districts subject to the limitations set forth below: 9 10 A. Signs authorized to be displayed by law or by governmental order, rule or regulation. 11 1. Prohibitory signs (e.g., no dumping, no trespassing) 3 square feet in size or less 12 and no more than 6 ft in height unless mounted to a building may be allowed 13 without a permit. 14 2. Reasonable repairs and maintenance. 15 3. Signs located on fences or walls surrounding athletic fields, or within sports 16 arenas, stadiums and the like, not to exceed 32 square feet in size, per sign. 17 Signs shall be oriented along the fence or wall to face the field(s) or playing 18 area, and away from any adjacent public or private roads. 19 4. Religious displays that do not constitute advertising and which are consistent 20 with the requirements of LDC section 5.06.04 F.11, regarding illumination. 21 # # # # # # # # # # # # 22 23 5.06.06 Prohibited Signs 24 25 A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited. 26 1. Unpermitted snipe signs. 27 2. Permanent signs located within County rights-of-way without a right-of-way 28 permit. 29 3. Portable signs. 30 4. Roof signs. 31 5. Any description or representation, in whatever form, of nudity, sexual conduct, or 32 sexual excitement, when it: 33 a. is patently offensive to contemporary standards in the adult community as 34 a whole with respect to what is suitable sexual material for minors; and 35 b. taken as a whole, lacks serious literary, artistic, political or scientific value. 36 6. Animated/activated signs. 37 7. Clear or uncovered neon and exposed LED signs. 38 8. Any sign not in conformance with the requirements in sections 5.06.00 through 39 5.06.05 and 5.06.09. 40 # # # # # # # # # # # # # 41 42 5.06.09 Nonconforming Signs 43 44 A. A nonconforming sign shall not be enlarged or altered in a way that increases its 45 degree of nonconformity. If any sign or portion thereof is to be altered, then the 46 sign/sign structure is to be brought into compliance with all current provisions of the 47 LDC. 48 1. Change in sign copy. Notwithstanding the above, a change in sign copy to a 49 nonconforming sign structure shall be permitted and shall require a building 50 permit. However, if the change in sign copy includes a change in size, shape, or 51 function of the sign structure, it shall require the nonconforming sign to be 52 removed or altered so as to conform to the regulations contained within the LDC. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etcc..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 050814 DSACLDR.docx 5/8/2014 2:15:46 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 B. A nonconforming sign shall not be structurally altered to prolong the life of the sign. 2 Reasonable repair and maintenance of nonconforming signs, is permitted. 3 C. Should a nonconforming sign be damaged or destroyed by any means to an extent of 4 more than 50 percent of its replacement value, it shall not be reconstructed except in 5 conformance with the sign code. 6 D. Subject to the provisions of Section 70.20, Florida Statutes, a nonconforming sign, that 7 has not displayed an on-premises message for a period of 90 consecutive calendar days 8 shall be presumed to be abandoned by its owner. This presumption can be overcome by 9 clear and convincing evidence of non-abandonment. 10 E. Nothing contained in this sign code shall be construed to relieve any person of the 11 obligation to remove a sign which was required to be removed under prior law or 12 ordinance. 13 # # # # # # # # # # # # # I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etch.Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 050814 DSACLDR.docx 5/8/2014 2:15:46 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Growth Management Division Staff DEPARTMENT: Planning and Zoning AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 6.06.02 Sidewalks, Bike Lane and Pathway Requirements CHANGE: To replace existing illustrations within LDC subsection 6.06.02 A.7. REASON: To update existing, hand-drawn, illustrations with updated AutoCAD drawings. Full sized images of the proposed graphics are attached. FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts to the County or the community RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Ellen Summers, Planning Technician, April 23, 2014, May 8, 2014. Amend the LDC as follows: 6.06.02 Sidewalks, Bike Lane and Pathway Requirements 1 A. All developments must construct sidewalks, bike lanes, and pathways, as described 2 below: 3 * * * 4 7. Sidewalks and bike paths at intersections shall continue to the edge of curb as 5 depicted by Illustrations 1 and 2. I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\6.06.02 Silewalks, Bike Lane and Pathway Requirements Illustration changes\6.06.02 Sidewalks,Bike Lane and Pathway Reqs Illust.changes 050814.docx 5/8/2014 5:27:20 PM Text underlined is new text to be added. Bold text indicates a defined term TD Pv&Ils or e4,10 IA 1 ,-..." t7o1411- vo -ri/16 1 : 1' Po iW : TO EDGE OF CURB K.,..K,,,....._ .„....._ is ').".! \ 4T °?i DON'T DO THIS Eli if M NI rig IN DO THIS 1 Illustration 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\6.06.02 Sidewalks,Bike Lane and Pathway Requirements Illustration changes\6.06.02 Sidewalks,Bike Lane and Pathway Reqs Illust.changes 050814.docx 5/8/2014 5:27:20 PM Text underlined is new text to be added. Bold text indicates a defined term Cu$8 R#jir5 '11nm ` 171-7;plitr too T IS --____ nui IIf WWI 1[E " ill pe Tilt CURB RAMPS , 'H. jjA 1 A ,,,A ,%Man 0 , a IIIIIILI 11````,1/- DON'T DO THIS �� 'TIT �"'` , ' , ilnmiU[dfrum A■. 4.1,,,I - __A: -1..., '-- Ill = = g - 111.■ ..i _ \ 11111111111111111111IIIri/ , '1,1. .1 r t ir {IIIIIIIi).i iu111111111IIr ,I.I,I, DO THIS Illustration 2 1 8. Two curb ramps shall be provided for sidewalks and bike paths at each street 2 corner of an intersection. Curb ramps shall be a minimum of 36 inches in width 3 and shall not rise at a ratio greater than as outlined by the Florida accessibility 4 code for building construction. 5 # # # # # # # # # # # # 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\6.06.02 Sidewalks,Bike Lane and Pathway Requirements Illustration changes\6.06.02 Sidewalks,Bike Lane and Pathway Reqs Illust.changes 050814.docx 5/8/2014 5:27:20 PM TO =DGE OF CURB 'd :40' .p. .p•G.- 4. ' Q4.4.9:"Q•A 4 Q. ',4 ap•4 A (------ '4 G \p i 'a 4 aG A• 4'4 p - n. nt°: DO\ 'T DO THIS •4•Q. • , • p 0•.X4'..44 ..;'. +A0 ' '.40' Q0'. .0:d•-4.,4! `!..p. 4'4• .0.4 f„;�•4 :Q. 0 ..4•.. 6'� .4`. _ 4.M• 0.4•. : -4 '0'.".0`. 0 0. , 4:4p p••4 4 p• 4' `4 i'•0'. �..G• 44 A .�.4•. 4 4..0••.-C. 0'4. •4.0 4•.QA .4'.,4. ••4•4 .4'•.•4.0'A I '0•�4p� p.A. d 4•• :O.A4 :4-4 � _0 •4 4 9 0 THIS NI -- CURB RAVPS si 1 1 4 /Or \ • r J - - = r J ' ' \-I / 0 h t t h I t P 30\ ' T DO THIS 0 1 J. 4 1 1 4 �I111111ll II lull 0 /J \ U J =_ °C J _ - r ?Iiir _. th 1 A/ n , 1 1 t e h 1 t n ;� IIIIIIII �: h 1 1 f. D0 THIS Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 10.02.08 I.2.b CHANGE: To fix a grammatical errors. REASON: Scrivener's error. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,February 10, 2014. Amend the LDC as follows: 1 I. Restrictions, stipulations and safeguards. The Planning Commission may recommend 2 that a petition to amend, supplement or establish a zoning district be approved subject to 3 stipulations, including, but not limited to limiting the use of the property to certain uses 4 provided for in the requested zoning district. The governing body, after receiving the 5 recommendation from the Planning Commission on a request to amend, supplement or 6 establish a zoning district, may grant or deny such amendment or supplement and may 7 make the granting conditional upon such restrictions, stipulations and safeguards as it 8 may deem necessary to ensure compliance with the intent and purposes of the Growth 9 Management Plan. 10 * * * * * 11 2. Dedication of public facilities and development of prescribed amenities. 12 * * * * * * * * * * * * * 13 14 b. Land set aside and/or to be improved as committed as part of the 15 rezoning approval shall be deeded or dedicated to Collier County within 16 90 days of receipt of notification by the county that the property is needed 17 for certain pending public improvements or as otherwise approved by the 18 Board of County Commissioners during the rezoning approval process. In 19 any case, however, the county shall take title to the set aside property, at 20 the latest, by a date certain established during, and condition on, the 21 approval of the rezoning action. At no cost to the county, the land set 22 aside and/or to be improved shall be made free and clear of all liens, 1 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.08 l.2.b Reqs for Amends to Official Zoning Atlas-fixing a typo\10.02.08 1.2.b Reqs for Amends to Official Zoning Atlas Fixing a typo 050614.docx 5/8/2014 12:43:42 PM Text underlined is new text to be added. Bold text indicates a defined term 1 encumbrances and improvements, at the applicant's sole expense, 2 except as otherwise approved by the board. Failure to deed the land or 3 complete the dedication within the 90 day appropriate time frame noted 4 above may result in a recommendation to the board of-for consideration 5 of rezoning the subject parcel from its current zoning district to an 6 appropriate zoning district and may be ifl a violation of this LDC pursuant 7 to LDC section 8.08.00. # # # # # # # # # # # # # 2 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.08 l.2.b Reqs for Amends to Official Zoning Atlas-fixing a typo\10.02.08 l.2.b Reqs for Amends to Official Zoning Atlas Fixing a typo 050614.docx 5/8/2014 12:43:42 PM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Division AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 10.02.13 Planned Unit Development(PUD)Procedures CHANGE: To repeal the PUD sunsetting provisions within LDC section 10.02.13 Planned Unit Development (PUD) Procedures. The proposed language would make null and void PUD sunsetting language within adopted PUD ordinances. The development rights conferred by an approved PUD would remain so long as they are consistent with the Collier County Growth Management Plan. The amendment would have no affect on other time frames, such as developer commitments, DRI build out/termination date, DRI commitment timeframes density bonus agreements, or the phasing schedule of a PUD development. REASON: It is understood that the PUD sunsetting provisions were instituted during a time of growing development demands and were designed to discourage speculative zoning actions. This may have impeded rezoning measures when there was no end user available. However, a rezone action does not vest a property for infrastructure purposes. The current process establishes that a portion of impact fees are paid and vesting for infrastructure occurs at the final subdivision plat or at the site development plan approval stage. The PUD rezone process only provides a cursory analysis of infrastructure needs. The final subdivision plat and site development plan have specific timeframes for development established in the LDC and allow for amendments to the development order to extend the development timeframe. The current standards pose challenges for the continued development of a sunsetted PUD. If a PUD sunsets, it takes approximately 6-9 months to reactive the PUD. Additionally, although build out timeframes are been established in a PUD ordinance, they are subject to change with market conditions. In the summer of 2013, Lee County adopted a provision which mirrors the proposed amendment. The change to the Lee County Land Development Code was recommended by a public/private board which engaged in yearlong effort with Lee County to review and streamline the permitting procedures. FISCAL & OPERATIONAL IMPACTS: It is anticipated the proposed changes will have beneficial effects for other County programs by reducing confusion surrounding program commitment timeframes. I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 P1JD Sunsetting\10.02.13 D PUD Procedures_sunsetting 050714.docx 5/8/2014 12:44:55 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term It is anticipated that the proposed changes will be advantageous for the development community as timeframes for development will be regulated by a final local development order rather than a zoning action. RELATED CODES OR REGULATIONS: PUD ordinances. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,November 8, 2013 Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) Procedures 1 D. Time limits for approved PUDs. If prior to [effective date of this ordinances a PUD 2 contains a sunset provision, the sunset provision shall be deemed null and void. 3 Development rights conferred by an approved PUD shall remain in force so long as they 4 are in accordance with the Collier County Growth Management Plan, as amended. 5 purposes of this section, the word "sunset" or "sunsetting" shall be the term used to 6 -' - -- - ' - ! - - --- - -' ' •• - - • --- - •' ' - - - - - 7 Department Director, not met the time frames and development criteria outlined in this 8 - - - • - - --- -- - -. _ _ �_ • -- _ - -- - -- • - 9 Planning and Zoning Department Director a status report on the progress of 10 - - _ - _ -- . -•• -- - e "- ` -ee - - e . •- :e- e e ---• -- 11 Commissioners. 12 1. Criteria for sunsetting. The purpose of the report will be to evaluate whether or 14 criteria: 15 e ee• -• - '- ' , e. . -- - - - - • . . - - - -- - _ 16 improvements, including access roads, internal roads, sewer and water 17 utilities and any other related infrastructure, that supports a minimum of 18 e - - - - • - e - e '- ! - - 19 initiated by the fifth anniversary date of the PUD approval. An additional 20 15 percent of such infrastructure shall be completed every year thereafter 21 until PUD buildout; and •22 - - - -- -• - '- ` ..t. -- - - •-- 2 3 '..• e . -- - - • - • - - •. . . - • - - -- --• e -- •- • -•24 - - - . -- -ee - - -• • -- • e - --- - -- - -- 25 space shall be initiated by the fifth anniversary date of the PUD approval. 26 In the event that the floor area is not the defining intensity measure, then 27 - -- --• - - - - - - - --- - -- -- - -- - -- - - 28 29 PUD approval. The same amount of development shall be r�—rimed 30 - . - -- -- - - - -- - - - - - 31 -- - -e e -- - - - ee - •- - - ' - ' •- -- 32 _ _ - - sc sunset provisions. 33 c. For mixed use tracts or structures, physical development of 34 infrastructure improvements, including access roads, internal roads, -- 35 sewer and water utilities and any other related infrastructure that supports 36 _ .. . . - • - - --• 2- - - -- •• - _ - - - - - I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 PUD Sunsetting\10.02.13 D PUD Procedures_sunsetting 050714.docx 5/8/2014 12:44:55 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term•1 •- - e . • - - - . _- - e ' - • -ee - - 3 - - - - - - - - -- e - - -4 initiated by the fifth anniversary date of the PUD approval. Components of 5 mixed use planned unit developments (MPUDs) that are non residential 6 must comply with LDC subsections 10.02.13 D.1.b. 7 d. If in the event of a moratorium, or other action of government that 8 prevents the approval of any final development order, the duration of the 9 suspension of the approval shall not be counted towards the 5 year 10 sunset period 11 - 12 and shall constitute infrastructure that makes—possible vertical 13 14 --- - - - -- ' -- - --- - - -15 levels of infrastructure improvements as required above. 16 2. PUD sunsetting. Prior to or any time after the Planning and Zoning Department 17 18 initiate one of the following: 19 a. Request a PUD extension; 20 b. Request a PUD amendment ; or 21 c. Request a rezone. 22 et. e - --- - "e-- -- - -• ' - • _ _ - -e. - ee 23 review and consideration of the appropriate application, or the status report 24 - - - - - _ _ - -••-- - ' - • - - - ' 25 provided, the Board of County Commissioners shall elect one of the following: 26 - - -- • _ -ee 27 - •- - - - - • .- - ---' - - --- • - - • - ._ 28 29 applications shall be processed by the County until the PUD is officially 30 t ex,� d. 31 ' et e - e - -- -- • • - • - . - • 32 - - --- 33 -*••••• .e-- e - - . _ . _ •_• _ 34 further development order applications shall be processed by the county 35 until the PUD is officially amended. 36 c. Require the owner to submit an amended PUD. The existing PUD shall 37 remain in effect until subsequent action by the Board of County 38 Commissioners on the submitted amendment to the PUD, however no 39 further development order applications shall be processed by the County 40 until the PUD is officially amended.•41 •- e - - --•• - -• - - -ee .. .e• -_ '- • 42 within six months of the action of the Board of County 43 44 the request to amend the PUD, then the Board of County 45 46 unimproved portions of the original PUD to an appropriate zoning 47 cla-sification consistent with the future land use element of the 48 49 50 - -- e.-- t . =e. - - --- • -e•• ••• _ - . A e • - - -et- - 51 - _e • •- -t•-• - - e - '- • - e -e-- --- -.-e 52 PUD may be extended as follows: I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 PUD Sunsetting\10.02.13 D PUD Procedures_sunsetting 050714.docx 5/8/2014 12:44:55 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 a. - _ -- - - �- � - - - - - 2 3 b. - Approval of an extension shall be based on the following: 4 i. The PUD and the master plan is consistent with the current growth 5 6 and concurrency requirements; 7 ii. The approved development has not become incompatible with 8 • ,,ting and proposed uses in the surrounding area as the result 9 of development approvals issued subsequent to the original 10 approval of the PUD zoning; and 11 iii. Approved development will not, by itself or in conjunction with 12 -- 13 public facilities. 14 c. - No more than one extension may be granted for any development 15 original approval date. 16 d. ' _ ! _- . - __- - - -- ...- _-_ . . • - • -- --17 the sunsetting provisions set forth in this section of the LDC within 10 18 -- - - e •- ' -ees - e- - - - • - - - - e 19 application- 20 5. Retention of existing PUD status. 21 a e- _ ' - ! - _ - - - - " - • - - - � -22 - - - - --- -- - - --- - - - - - 23 be processed until 1 of the following occurs: 24 i. The Board of County Commissioners approves a request for 25 - • •-• e '- ` - - - 26 ii. The Board of County Commissioners approves an amendment to 27 the existing PUD. 28 b. .. .- 29 30 - e ' -ee - • - •e - •- -- - --- - - - - -•e 31 -- - - - - - - - - -- - - - - -- -- 32 -- -- - - - _ e -. - - -- -.-e 33 c. In the case of developments of regional impact, PUD time limit 34 restrictions shall be superseded by the phasing plan and/or time limits 35 -- - • - - -- - -- -- - - - - - • - - - -- - - - - --- - 36 - -- - - - - - • - • - - • -- - • - -- _. __�.�-. 37 6. Exam* - - - "---- - - - - - -- - -- - - " 38 facilities including police, fire and EMS facilities that were identified in an•39 - -- '- ' - - - - ' - ' ••- - - - • - - - - -- -• - 40 the approved development regulations shall retain development rights, 41 - - - - - - •-- - - - _ . _ _ . - _ - -:, - - - - 42 - - - - - - - -- - _ - ---- -- 43 with a site development plan approval, without the requirement to amend or 44 45 7. PUD buildout. For PUDs approved on or after January 3, 2007 the land owner 46 shall: 47 a - _ - • _ ! •- ... e e. . - - • -e ..e - -- _ • -_ • .-•48 - -- -- - •4 9 - - -- - -- - - - ' -- _ -_ _ - -- -- - -- 5 0 -- - - --- - - - - -_ .- - -- -- - -51 _ •- _ - __ - - -- ---- "- •- ' - "• e • ' - 52 - - - - • - -- - "- - - -- l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 PUD Sunsetting\10.02.13 D PUD Procedures_sunsetting 050714.docx 5/8/2014 12:44:55 PM Text underlined is new text to be added. Bold text indicates a defined term 1 - - - - - - - - - - -- - - -- - - -- - --- 2 -" - -- -- -- - -- - - . e.e - -3 development rights. In the event that action or in action by the County or 4 any regulatory agency or legal action prevents the approval of a 5 development order, the duration of the suspension of the approval shall 6 not be counted towards the expiration provision above, contingent that 7 the applicant has been diligently pursuing a local development order or 8 __ .. --- - - -- -- - - - --- - - -- --- 9 Manager or designee must be notified in writing of the circumstances of 10 the delay with the appropriate documentation. 1 1 e. - - ' - ' •- e..- -- - - -- ' - - - - -- - • .- 12 application's Traffic Impact Statement (TIS) shall serve as the reference 13 year for the approved density and intensity. On the build out ygar as 14 •-- - •- --- - - - -- . _ .- --- -- - - - - 15 anniversary date of the adopted PUD any remaining density and intensity 16 - -- --• -- -- - - - . - - •- - - -•• -- - - ` --- -- 17 -_- . -- - -- - - - - - - - - - - - - 18 received a certificate of public adequacy (COA). For non residential 19 --• -• e - '- `, -- - - - -- - - - • --- - - - 20 _ •- _ - - - - - -- - - -- - - - • . . 21 orders for any remaining intensity within non-residential sections of the 22 PUD. 23 81. Local Economic Emergency Ordinance. 24 a. Short title and recitals. This Ordinance shall be known as the Collier 25 County Local Economic Emergency Ordinance, and the above findings -- 26 and recitals are hereby adopted by reference into this Ordinance. 27 b. Declaration of Local Economic Emergency. The Board of County 28 Commissioners, convened in regular session, hereby declares and 29 ordains that a local economic emergency exists within Collier County, 30 Florida, requiring immediate measures to address the emergency before 31 irreversible harm is done to the economic well being of the citizens of the 32 County. This Ordinance is adopted after public hearing pursuant to, and 33 in accordance with, F.S. § 125.66(2). 34 c. Tolling of Land Development Code Section 10.02.13.D. LDC section 35 10.02.13.D of the Collier County Land Development Code provides for 36 Planned Unit Development time limit and time limit extension 37 requirements. These time limit and time limit extension requirements are 38 hereby tolled to May 12, 2014 for Planned Unit Developments which 39 have not sunsetted prior to the effective date of this Ordinance [2009-22]. 40 Prior to May 12, 2014, the Board of County Commissioners will determine 41 if the declaration of Local Economic Emergency should be ended. # # # # # # # # # # # # # I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 PUD Sunsetting\10.02.13 D PUD Procedures_sunsetting 050714.docx 5/8/2014 12:44:55 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 10.02.13 Planned Unit Development(PUD),Procedures CHANGE: To update the PUD changes and amendments section of the LDC to reflect the Board's direction on September 24, 2013 during the adoption of the Administrative Code for Land Development to expand the PUD insubstantial change process to include text changes. In addition, to remove repetitive language referencing the removal of a commitment as identified in LDC section 10.02.13 E.3.c. REASON: The proposed LDC amendment removes the provision identifying the process for PUD language changes. Because PUD insubstantial changes now include language changes, and do not utilize the same process as amending the official zoning atlas, this language is no longer relevant. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Chapter 9 of the Administrative Code for Land Development. This chapter identifies that the Hearing Examiner may hear PUD insubstantial text changes, identified as "minor text changes." GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, November 25, 2013, May 7, 2014. Amend the LDC as,follows: 10.02.13 Planned Unit Development (PUD) Procedures 1 E. Changes and amendments. There are three types of changes to a PUD Ordinance: 2 Substantial, Insubstantial, and Minor. • _ ___- -•-•e- _ _ _ - .•__ _ __ e -e - _ 3 ---- - -- - - •- - ---- - - - - - •- - - - - - - - , 4 - - -• - - - - -- --- ---- - -- - - - - - - -- - - -- - _•5 -- -- -- - - •• - - - -- - - - --- - '.� . _ -. . 6 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance 7 shall require the review and recommendation of the Planning Commission and 8 approval by the Board of County Commissioners as a PUD amendment prior to 9 implementation. Applicants shall be required to submit and process a new 10 application complete with pertinent supporting data, as set forth in LDC sections 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 E PUD Procedures-Changes and Amendments\10.02.13 E PUD Procedures E. changes and amendments update 050514.docx 5/8/2014 12:44:12 PM Text underlined is new text to be added. Bold text indicates a defined term 1 10.02.13 A and B. For the purpose of this section, a substantial change shall be 2 deemed to exist where: # # # # # # # # # # # # # 2 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 E PUD Procedures-Changes and Amendments\10.02.13 E PUD Procedures_E. changes and amendments update 050514.docx 5/8/2014 12:44:12 PM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Operations and Regulatory Management AUTHOR: Operations and Regulatory Management Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 10.03.05 Required Methods of Providing Public Notice and 10.03.06 Public Notice and Required Hearings for Land Use Petitions CHANGE: To include an Agent's Letter as a required notice method for the following petitions: Variance, Sign Variance, Parking Exemption, and Alcohol Beverage Distance Waiver. The Agent Letter is designed to inform neighbors of the petition request and provide them an opportunity to be involved in the public review and approval process. This change corrects several scrivener's errors that were made during the creation the Administrative Code for Land Development. The errors are a result of combining the requirements for an Agent Letter and the mailed notice for a public hearing. In addition, a requirement for signage has been added to the Parking Exemption petition. Although not stated in the LDC, it has been an established policy to require signage for this petition. Further, this amendment removes the incorrect NIM requirement for the Parking Exemption and replaces it with an Agent Letter. This is consistent with the LDC notice requirements prior to the creation of the Administrative Code. Two new sections have been added to section 10.03.06. First, a NIM for a PUD Insubstantial Change has been included; however, the Hearing Examiner is given the discretion to waive the NIM at the request of the applicant and following the review of County Staff. Second, the Nonconforming Use Change and Nonconforming Use Alteration have been included in this section. These established petitions require a public hearing and therefore have always had some type of public notice. The proposed language implements the notice as currently implemented. REASON: The proposed amendments will clarify the public notice requirements for signage and correct errors made during the Administrative Code process. The additions to section 10.03.06 will allow the community the ability to participate in PUD insubstantial changes if deemed appropriate and will them of our current notice practices regarding nonconforming use changes/alterations. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: The Administrative Code will also be updated to reflect the proposed changes if approved. GROWTH MANAGEMENT PLAN IMPACT: None. 1 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 050814.docx 5/8/2014 6:29:51 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, February 11, 2014, May 8, 2014. Amend the LDC as follows: 1 10.03.05 Required Methods of Providing Public Notice 2 3 This section shall establish the required methods of providing public notice. Chapter 8 of the 4 Administrative Code shall establish the public notice procedures for land use petitions. 5 6 A. Agent Letter. Where required, an informational letter shall be sent by the owner or Agent 7 to property owners within 150 feet of the area covered by the petition following the initial 8 staff review comments for the petition and prior to the resubmittal of the petition to the 9 County. 10 AB. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings, where 11 required, shall be held prior to the first public hearing and noticed as follows: 12 1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 13 10.03.05 B. 14 2. Newspaper Advertisement prior to the NIM. 15 BC. Mailed Notice. 16 1. Where required, Mailed Notice shall be sent to property owners in the notification 17 area as follows: 18 a. For areas in the urban designated area of the future land use element of 19 the Growth Management Plan notices shall be sent to all property owners 20 within 500 feet of the property lines of the subject property. 21 b. For all other areas, notices shall be sent to all property owners within 22 1,000 feet of the property lines of the subject property. 23 24 c. Notices shall,also be sent to property owners and condominium and civic 25 associations whose members may be ace impacted by the proposed land 26 use changes and who have formally requested the county to be notified. 27 A list of such organizations must be provided and maintained by the 28 county, but the applicant must bear the responsibility of insuring that all 29 parties are notified. 30 2. For the purposes of this requirement, the names and addresses of property 31 owners shall be deemed those appearing on the latest tax rolls of Collier County. 32 Unless required by F.S. §125.66 (4), the mailed notice is a courtesy only and is 33 not jurisdictional. Accordingly, provided a good faith attempt for mailed notice is 34 made, failure to mail or to timely mail the notice or failure of an affected property 35 owner to receive mailed notice will not constitute a defect in notice or bar the 36 public hearing as scheduled. 37 GD. Newspaper Advertisement. 38 1. In accordance with F.S. §125.66. 39 DE. Posting of Signage. Where required, signs shall be posted 15 days prior to the first 40 advertised public hearing pursuant to the Administrative Code. 41 # # # # # # # # # # # # # 42 43 44 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 050814.docx 5/8/2014 6:29:51 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 10.03.06 Public Notice and Required Hearings for Land Use Petitions — 2 3 This section shall establish the requirements for public hearings and public notices. This section 4 shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 5 Code, which further establishes the public notice procedures for land use petitions. 6 7 A. Ordinance or resolution that is initiated by County or a private entity which does not 8 change the zoning atlas or actual list of uses in a zoning category but does affect the 9 use of land, including, but not limited to, land development code regulations as defined 10 in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly 11 referred to as a LDC amendment. 12 1. The following advertised public hearings are required: 13 a. One Planning Commission hearing. 14 b. One BCC hearing. 15 2. The following notice procedures are required: 16 a. Newspaper Advertisement prior to each advertised public hearing in 17 accordance with F.S. §125.66. 18 B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For 19 minor conditional use notice requirements see 10.03.06 C, below and for County 20 initiated rezonings, see 10.03.06 K.: 21 1. The following advertised public hearings are required: 22 a. One Planning Commission hearing. 23 b. One BCC or BZA hearing. 24 2. The following notice procedures are required: 25 a. A NIM. See LDC section 10.03.05 A. 26 b. Mailed Notice prior to the first advertised public hearing. 27 c. Newspaper Advertisement prior to each advertised public hearing in 28 accordance with F.S. §125.66. 29 d. Posting of a sign prior to the first advertised public hearing. 30 e. For a rezoning or a PUD amendment the County shall notify by mail each 31 owner within the area covered by the proposed ordinance or resolution of 32 the time, place, and location of the public hearing before the BCC or BZA. 33 C. Ordinance or resolution for a mMinor conditional use. 34 1. The following advertised public hearings are required: 35 a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, 36 then pursuant to 10.03.06 B. 37 2. The following notice procedures are required: 38 a. A NIM. See LDC section 10.03.05 A. 39 b. Mailed Notice prior to the advertised public hearing. 40 c. Newspaper Advertisement prior to the advertised public hearing. 41 e. Posting of a sign prior to the advertised public hearing. 42 D. Ordinance or resolution for a PUD extension, conditional use extension, or conditional 43 use re-review: 44 1. The following advertised public hearings are required: 45 a. One BZA or Hearing Examiner hearing. 46 2. The following notice procedures are required: 47 a. Mailed Notice prior to the advertised public hearing. 48 b. Newspaper Advertisement prior to the advertised public hearing. 49 c. Posting of a sign prior to the advertised public hearing. Signage is not 50 required for a conditional use re-review. 51 E. Ordinance or resolution for comprehensive plan amendments: 52 1. The following advertised public hearings are required: 3 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 050814.docx 5/8/2014 6:29:51 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 a. One or more Planning Commission hearings pursuant to F.S. Chapter 2 163. 3 b. One or more BCC hearings pursuant to F.S. Chapter 163. 4 2. The following notice procedures are required: 5 a. Small scale amendments: 6 i. A NIM, which shall be held after the first set of staff review 7 comments have been issued and prior to the Planning 8 Commission hearing. 9 ii. Mailed Notice prior to the advertised Planning Commission 10 hearing. 11 iii. Newspaper Advertisement prior to each advertised public hearing. 12 iv. Posting of a sign prior to the advertised Planning Commission 13 hearing. 14 v. Mailed Notice shall be sent to each real property owner within the 15 area covered by the proposed plan amendment prior to the 16 advertised BCC public hearing. 17 b. Regular scale amendments: 18 i. A NIM, which shall be held after the first set of staff review 19 comments have been issued and prior to the Planning 20 Commission adoption hearing for a site specific amendment. 21 ii. Mailed Notice prior to the advertised Planning Commission 22 hearing for a site specific amendment. 23 iii. Newspaper Advertisement prior to each advertised public hearing. 24 iv. Posting of a sign prior to the advertised Planning Commission 25 hearing for a site specific amendment. 26 v. Mailed Notice shall be sent to each real property owner within the -- 27 area covered by the proposed plan amendment prior to the 28 advertised BCC public hearing. 29 F. resole Linn for "Variance, pursuant to LDC section 9.04.02 or a sign 30 variance, pursuant to LDC section 5.06.08: 31 1. The following advertised public hearings are required: 32 a. One Planning Commission or Hearing Examiner hearing. 33 b. If heard by the Planning Commission, one BZA hearing. 34 2. The following notice procedures are required: 35 a. An Agent Letter shall be sent to property owners within 150 feet of the 36 area covered by the petition following the initial staff review comments 37 and prior to the resubmittal of the petition to the County. 38 ab. Mailed Notice prior to the advertised public hearing. Mailed Notice shall 39 -- - - --'- _ - -.• -Ili -- • - - -- - -_ _ -- 4 0 41 bc. Newspaper Advertisement prior to each advertised public hearing. 42 Gd. Posting of a sign prior to the first advertised public hearing. 43 G. Ordinance or - _ - _ e - e- e Parking exemption, pursuant to LDC section 44 4.05.02 K.3: 45 1. The following advertised public hearing is required: 46 a. One BZA--Planning Commission or Hearing Examiner hearing. 47 b. If heard by the Planning Commission, one BZA hearing. 48 2. The following notice procedures are required: 49 a. An Agent Letter shall be sent to property owners within 150 feet of the 50 area covered by the petition following the initial staff review comments 51 and prior to resubmittal of the petition to the County. A NIM. See LDC 52 4 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 050814.docx 5/8/2014 6:29:51 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 b. Mailed Notice prior to each advertised public hearing. shall be sent to 2 -- 3 public hearing. 4 c. Newspaper Advertisement prior to the advertised public hearing. 5 d. Posting of a sign prior to the first advertised public hearing. 6 H. Ordinance or resolution for a PUD Insubstantial Change (PDI) or Boat Dock Facility 7 Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 8 1. The following advertised public hearings are required: 9 a. One Planning Commission or Hearing Examiner hearing. 10 2. The following notice procedures are required: 11 a. For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written 12 request by the applicant, the Hearing Examiner has the discretion to 13 waive the NIM after the first set of staff review comments have been 14 issued. 15 ba. Mailed Notice prior to the advertised public hearing. 16 cb. Newspaper Advertisement prior to the advertised public hearing. 17 db. Posting of a sign prior to the advertised public hearing. 18 I. Ordinance or resolution for the establishment, amendment to or the abandonment of a 19 Development of Regional Impact (DRI): 20 1. The following advertised public hearings are required: 21 a. One Planning Commission hearing. 22 b. One BCC hearing. 23 2. The following notice procedures are required: 24 a. In accordance with F.S. §380.06 and the Florida Administrative Code. 25 J. Ordinance or resolution that is initiated by the BCC and will change the zoning map 26 designation of less than 10 contiguous acres of land. This is commonly referred to as a 27 rezone. 28 1. The following advertised public hearings are required: 29 a. One Planning Commission hearing. 30 b. One BCC hearing. 31 2. The following notice procedures are required: 32 a. Mailed Notice prior to the first advertised public hearing. 33 b. Newspaper Advertisement prior to each advertised public hearing. The 34 advertisement for the Planning Commission hearing shall include a 35 project location map. 36 c. Posting of a sign prior to the first advertised public hearing. 37 d. The County shall notify by mail each owner within the area covered by the 38 proposed ordinance or resolution of the time, place, and location of the 39 public hearings before the BCC. 40 K. Ordinance or resolution that is initiated by the BCC and will change the zoning map 41 designation of more than 10 contiguous acres of land or more or an ordinance or 42 resolution that will change the actual list of permitted, conditional, or prohibited uses of 43 land within a zoning category. This is commonly referred to as a rezone or LDC 44 amendment: 45 1. The following advertised public hearings are required: 46 a. At least one Planning Commission hearing. The Planning Commission 47 may elect by a majority decision to hear such ordinance or resolution at 48 two public hearings. If there is only one Planning Commission hearing, 49 the hearing shall be held after 5:00 p.m. on a weekday, and if there are 50 two Planning Commission hearings, then at least one of the hearings 51 shall be held after 5:00 p.m. on a weekday. 5 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 050814.docx 5/8/2014 6:29:51 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 b. At least two BCC hearings. At least one hearing shall be held after 5:00 2 p.m. on a weekday, unless the BCC by a majority vote plus one vote 3 elects to conduct that hearing at another time of day. 4 2. The following notice procedures are required: 5 a. Newspaper Advertisement prior to Planning Commission hearing 6 including a project location map. 7 i The first Planning Commission hearing shall be held 8 approximately seven days after the day that the first 9 advertisement is published. The second hearing will be held 10 approximately two weeks after the first hearing and shall be 11 advertised approximately five days prior to the public hearing. The 12 day, time, and place of a second public hearing shall be 13 announced at the first public hearing. 14 b. Newspaper Advertisement prior to the BCC hearings in accordance with 15 F.S § 125.66 (4) including a project location map. 16 i. In lieu of the newspaper advertisement, the BCC may mail a 17 written notice to property owners within the area covered by the 18 proposed ordinance or resolution. The notice shall include the 19 time, place and location of both the public hearings before the 20 BCC. 21 ii. The first BCC hearing shall be held at least seven days after the 22 first advertisement is published. The second hearing shall be held 23 at least ten days after the first hearing and shall be advertised at 24 least five days prior to the public hearing. 25 L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 26 1. The following advertised public hearings are required: 27 a. One BCC hearing. 28 2. The following notice procedures are required: 29 a. Newspaper Advertisement prior to the advertised public hearing pursuant 30 to LDC section 4.08.06 E.1. 31 M. Ordinance or resolution for a Stewardship Receiving Area (SRA) and SRA amendments: 32 1. The following advertised public hearings are required, except for minor 33 amendments per LDC section 4.08.07: 34 a. One EAC hearing, if required, pursuant to LDC section 4.08.07 F. 35 b. One Planning Commission hearing pursuant to LDC section 4.08.07. 36 c. One BCC hearing pursuant to LDC section 4.08.07. 37 2. The following notice procedures are required: 38 a. An optional NIM. See LDC section 10.03.05 A. 39 b. Newspaper Advertisement prior to each advertised public hearing 40 pursuant to LDC section 4.08.06 F. 41 N. Ordinance or resolution for a mixed use project (MUP) located in the mixed use district 42 overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding 43 administrative approval, pursuant to LDC section 10.02.15: 44 1. The following advertised public hearings are required: 45 a. One Planning Commission hearing. 46 b. One BCC hearing. 47 2. The following notice procedures are required. 48 a. A NIM. See LDC section 10.03.05 A. 49 b. Mailed Notice prior to the first advertised public hearing. 50 c. Newspaper Advertisement prior to each advertised public hearing. 51 d. Posting of a sign prior to the first advertised public hearing. 6 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 050814.docx 5/8/2014 6:29:51 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 O. Affirmation or approval of a Zoning Verification Letter that allows a new use that is 2 comparable, compatible, and consistent within a PUD. 3 1. The following advertised public hearings are required: 4 a. One BCC or Hearing Examiner hearing. 5 2. The following notice procedures are required: 6 a. Newspaper Advertisement prior to the advertised public hearing in 7 accordance with F.S. §125.66. 8 P. Official Interpretations, pursuant to LDC section 1.06.00. 9 1. The following notice procedures are required for the interpretation of county wide 10 application of the Growth Management Plan, Land Development Code and the 11 building code: 12 a. Newspaper Advertisement. 13 2. The following notice procedures are required for the interpretation affecting a 14 specific parcel of land. 15 a. Notification of affected property owner. Where a site specific official 16 interpretation has been requested by a party other than the property 17 owner, the County shall notify the property owner that an official 18 interpretation has been requested. 19 b. For site specific official interpretations, Mailed Notice shall be sent to 20 property owners within 300 feet of the property lines of the land for which 21 the interpretation is requested. 22 c. Newspaper Advertisement. 23 Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00. 24 1. The following advertised public hearings are required: 25 a. One BZA or Hearing Examiner hearing. 26 2. The following notice procedures are required: 27 a. Newspaper Advertisement prior to the advertised public hearing in 28 accordance with F.S. § 125.66. 29 R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F. 30 1. The following advertised public hearings are required: 31 a. One Planning Commission or Hearing Examiner hearing. 32 b. If heard by the Planning Commission, one BZA hearing. 33 2. The following notice procedures are required: 34 a. Newspaper Advertisement prior to the advertised public hearing in 35 accordance with F.S. § 125.66. 36 b. Mailed Notice prior to the advertised public hearing. 37 S. Post Take Plan, pursuant to LDC section 9.03.07 D. 38 1. The following notice procedures are required: 39 a. Mailed Notice. Additional Mailed Notice details are established in LDC 40 9.03.07 D.3.b. 41 b. If a Planning Commission or Hearing Examiner hearing is required, a 42 Newspaper Advertisement. 43 2. The following advertised public hearings may be required: 44 a. If a written objection is received, one Planning Commission or Hearing 45 Examiner hearing. 46 T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC 47 section 10.02.13 E.3.c. 48 1. The following notice procedures are required: 49 a. Mailed Notice, sent by the applicant. 50 2. The following advertised public hearings may be required: 51 a. If a written objection is received, one BCC or Hearing Examiner hearing. 7 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 050814.docx 5/8/2014 6:29:51 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 U. Automobile Service Station Waiver pursuant to 5.05.05; and Alcohol Beverage Distance 2 Waiver pursuant to 5.05.01, and Nonconforming Use Change pursuant to 9.03.02 D. 3 1. The following advertised public hearings are required: 4 a. One BZA or Hearing Examiner hearing. 5 2. The following notice procedures are required: 6 a. For an Alcohol Beverage Distance Waiver, an Agent Letter shall be sent 7 to property owners within 150 feet of the area covered by the petition 8 following the initial staff review comments and prior to the second 9 submittal. 10 ab. Newspaper Advertisement prior to the advertised public hearing. 11 V. Nonconforming Use Change pursuant to 9.03.02 D and Nonconforming Use Alteration, 12 pursuant to LDC section 9.03.03 B.S. 13 1. The following advertised public hearings are required: 14 a. One Hearing Examiner or BZA hearing. 15 2. The following notice procedures are required: 16 a. Mailed Notice prior to the advertised public hearing. 17 b. . Newspaper Advertisement prior to the advertised public hearing. 18 c. _ Posting of a sign prior to the advertised public hearing. # # # # # # # # # # # # # 8 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 050814.docx 5/8/2014 6:29:51 PM Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Bayshore Community Redevelopment Agency(CRA), Growth Management Plan AUTHOR: Bayshore CRA Staff and Growth Management Division Staff DEPARTMENT: Bayshore CRA and Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): Zoning Map Number 0502S CHANGE: Amend Zoning Map Number 0502S to rezone various properties located on the north side of Davis Boulevard (SR-84), from Airport-Pulling Road (CR-31) west to the Naples City Limit, from C-4, General Commercial, and C-5, Heavy Commercial, to C-4-GTMUD-MXD (Gateway Triangle Mixed Use Overlay District-Mixed Use Subdistrict) and C-5-GTMUD-MXD. This has the effect of expanding the Gateway Triangle Mixed Use Overlay District and Mixed Use Subdistrict from the south side of Davis Blvd. to the north side of Davis Blvd., west of Airport-Pulling Road. The effect of adding the GTMUD-MXD zoning overlay to the affected properties is that they: become eligible for mixed use development via the Mixed Use Project application process - including the opportunity to seek residential density from the density bonus pool (explained �-. below); may become eligible for rezoning to allow redevelopment as a residential-only project - including the opportunity to seek residential density from the density bonus pool; and, would become subject to the development standards in the zoning overlay (LDC Section 4.02.16 B.). The subject properties lie within the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) on the Future Land Use Map and in the Future Land Use Element of the Collier County Growth Management Plan (GMP). The density bonus pool, established with the creation of the B/GTRO in December 2000, contains 388 dwelling units derived from the former residential zoning on the site of the Naples Botanical Garden. These bonus units may be re- allocated within the B/GTRO as an incentive to promote development and redevelopment. Almost all of the density bonus pool units remain available. Please see Attachment 1 which identifies the current zoning designation and Attachment 2 which identifies in red text the proposed rezoning and outlines in red the subject area. See Attachment 3 for a Zoning Atlas index of the Bayshore Gateway Triangle CRA. REASON: The proposed LDC amendment implements, in part, a Growth Management Plan Amendment(GMPA)which was adopted by the Board on May 28, 2013 as Ordinance No. 2013- 42, Attachment 4. The GMPA expands the mixed use potential, and creates the potential for redevelopment as residential-only projects, to parcels located on the north side of Davis Blvd. Location Map Exhibit A illustrates this expansion. (A subsequent LDC text amendment will be necessary to fully implement the GMPA, e.g. to define"redevelopment.") 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\CRA LDC amendment-Map change\GTMUD-MXD map expansion 011414.docx 1/29/2014 9:31:25 AM Text underlined is new text to be added. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: This zoning map change has no fiscal impact on Collier County Government. It does provide for additional development options but the cost of reviewing those would be covered by petition fees. There would be some fiscal impact on the private sector to comply with the GTMUD development standards that are not presently applicable. RELATED CODES OR REGULATIONS: Growth Management Plan, Ord. No. 2013-42; LDC Sections 2.03.07 N and 4.02.16 B. GROWTH MANAGEMENT PLAN IMPACT: This amendment is consistent with the B/GTRO in the Future Land Use Element of the GMP. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, January 8, 2014; January 13, 2014. Amend the LDC as follows: See Attachments. Attachment 1: Identifies the current zoning designation. Attachment 2: Identifies in red text the proposed rezoning and outlines in red the subject area. Attachment 3: Zoning Atlas index of the Bayshore Gateway Triangle CRA. Attachment 4: Ordinance No. 2013-42,the related GMPA. 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\CRA LDC amendment-Map change\GTMUD-MXD map expansion 011414.docx 1/29/2014 9:31:25 AM N Z SUMO 0 N O m N N O5 N O -- 0 p 3 O LL 1 W 1--,,,Q (L 6n) avow oNmnd-AwOdwn VT 7- T H a w A I., N O In Lo RI V 9 R E a a 5 E a a. o o N _ 1:11 g IL MINIMMIN• � In a r p 0 6 9 _____� J m • o 3,tl 533315 a ©< '_ N I o I��s�.� J °L. o — .2 r: S E�rg��g�C� s,� IS lwtl3 d• Bri� I o •• oMiras �411 �"r>, $ 5' —. m=Nom_ 1 i - 3nN3Atl L NMW900tlHS _I° :1 g 1 1 U r , < ,e i cilli•• x I lfl ! 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IIIIININII w lr^ . = UD-NC BMUD-R2 Residential Subdistrict 2 NS III ■inTrri r - F-6) o =: �183�I311` - ooK LAKES PUD BMUD-R3 Residential Subdistrict 3 i 1111® •a from ewuD MIIIMIIII BMUD-N BMUD-R4 Residential Subdistrict 4 II IN r� 1I (� (C-3) BMUD-R2 • •IC Eiffi YL.JaVrl (CIRRUS PONTE RPUD) 'MOMASSON DRIVE (XXX) Under Lying Zoning . tt o"s'c17. 0: 1:13 ■=e Future Land Use CI ry .NINIIIIIININIIIIIN[ : c°l LIEZI.C]L311IIiEIRAIN[ ® Activity Center 16 17•111111111111141111111111 t :11111111ict111111111I ..... CRA Boundary i BMUD-R1 Overlay Boundary (RSF-3) 1 Mill i wi`i u!I IS NAPLES BOT AL GARDEN PUD BMU. +, 411 '1 Excluded from BMUD (RSF �4 1111 dram` IIL NORTH vim IIIIIM_III I NAPLES BOTANICAL GARDEN ■ Excluded from BMUD • 2•••••••••••1 :1111111•••••••111 :111111111111111111111111 12E1 iiil :IIu]31a111111Nd :I IIIIH iiall11111111 gAB BAY :I•II•IIIIIIIIIIIIIII• Excluded from BMUD ^. gABAL BAY • PUD • Exclud.d from BMUD • �IIIIIIIIIIIIIIIImmm� IIIIIIIIIIIiili�I111111111_ PREPARED DE WTTE OF.ARKS AND 1EO..CAL SUPPORT COMRMTY.M10PIENT ND BMIgeDITAL SERVICES f/M9a1 RE WvMORAE OVELAYTLW DATE 10/2007 {LC m-.• Attachment 4 ORDINANCE NO. 13- 4 2 AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County Community Redevelopment Agency staff has prepared plan amendments to the Future Land Use Element to change the density bonuses allowed in the Bayshore/Gateway Triangle Redevelopment Overlay; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on January 9, 2013 after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the CP-2013-3\Bayshore GMP Page 1 of 3 Rev.5/02/13 Words underlined are added; words struck-through are deleted; row of asterisks(***)denotes break in text public hearings of the Collier County Planning Commission held on April 4, 2013 and May 2, 2013,and the Collier County Board of County Commissioners held on May 28,2013;and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The amendments are attached hereto as Exhibit"A"and are incorporated herein by reference. SECTION TWO: SEVER.ABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ULY ADOPTED by the Board of County Commissioners of Collier County,Florida this Zlay of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT�E.`31. .CLERK COLLIER COUNTY,FLORIDA . * � C- B Attesas0" ` • , To r,rN \--\cArtr, rCS \Ac.-C\ izk r-r r - Cls10004ashore GMP Page 2 of 3 Rev. 5/02/F3 Words underlined are added;words struck-through are deleted; row of asterisks(***)denotes break in text U Approved as to form and legal sufficiency: cib Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" CP■12-CMP-00865130 CP-2013-3\Bayshore GMP Page 3 of 3 Rev. 5/02/13 Words underlined are added;words struck-through are deleted; row of asterisks(***)denotes break in text 1 EXHIBIT "A" CP-2012-3 FUTURE LAND USE ELEMENT IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES *** *** *** text break *** *** *** OBJECTIVE 5 *** *** *** text break *** *** *** Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial- zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the the Bayshore/Gatewav Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. *** *** *** text break *** *** *** I. URBAN DESIGNATION Words underlined are added;words are deleted—approved by BCC 5/28/13. CA 2 *** *** *** text break *** *** *** B. DENSITY RATING SYSTEM: *** *** *** text break *** *** *** 1. The Density Rating System is applied in the following manner: *** *** *** text break *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the "vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore/Gateway Triangle Redevelopment Overlay *** *** *** text break *** *** *** C. Urban Commercial District *** *** *** text break *** *** *** 1. Mixed Use Activity Center Subdistrict *** *** *** text break *** *** *** For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed-use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Words underlined are added;words are deleted—approved by BCC 5/28/13. CAn 3 Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, except as allowed by the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: *** *** *** text break *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** text break *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One-or mere Two zoning overlays have been w#1-be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. Words underlined are added;words struck thru are deleted—approved by BCC 5/28/13. " "J 4 4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-Pulling Road ace may be allowed a maximum density of 12 residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units - 25% of the total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. • - ------ - -- - - - ` - - _ - - -- - - . - • -_ -• -5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport-Pulling Road (west side only) or US 41 East, are may be allowed to redevelop as a residential-only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project may utilize more than 97 units - 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. b. Project site shall be a minimum of three acres. c. Project shall constitute redevelopment of the site. d. All residential units shall be market rate units. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. • - - - _ - - - -_ .= _ ---. standards, Words underlined are added;words stausku are deleted-approved by BCC 5/28/13. 5 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs#4 and-#5 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following-design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable. -- -• -- - •-- - - - - -- - • _ - ' - - -- - - _. • -_ - '- _- --_ e•. e.- --, -e •• _ _-_- - . -_ '• _- - _ - - stories only. of 20,000 square feet gross floor area. .. •:0 9. For density bonuses provided for in paragraphs#4 and #5 above, base density shall be as per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total protect acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. •9-10. - - - -- _ -- _ - - __.. - _ -. - •- _ • -- -- •- - - - C:. - :. _ ---- - - - - . • z- - - - • , - Only the affordable- workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 abov-, • -- - - _ el _This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. Exhibit A CP-2012-3 approved by BCC 5-28-13-clean _.._ G:}CDES Planning Services}Comprehensive}COMP PLANNING GMP DATA}Comp Plan Amendments}2012 Cycle Petitions}CP-2012-3 KM changes dw/10-0-12&4.23&24-13&52.13&5.28.13 Words underlined are added;words are deleted—approved by BCC 5/28/13. GP Description for 2841: Soap and Other Detergents,Except Specialty C... https://www.osha.gov/p1s/imis/sic manual.display?id=611&tab=desc `SEARCH `` A to 2 Index I Newsroom I Contact Us I FAQs I About OSHA OSHA SHAN, Ei IKKEEMMI Newsletter RS5 Feeds Occupational Safety& Health Administration We Can Help What's New Offices Home Workers Regulations Enforcement Data&Statistics Training Publications Newsroom Small Business O Anti-Retaliation Division D:Manufacturing Major Group 28:Chemicals And Allied Products Industry Group 284:Soap,Detergents,And Cleaning Preparations;Perfumes,Cosmetics,and Other Toilet Preparations 2841 Soap and Other Detergents,Except Specialty Cleaners Establishments primarily engaged in manufacturing soap,synthetic organic detergents,inorganic alkaline detergents,or any combination thereof,and establishments producing crude and refined glycerin from vegetable and animal fats and oils.Establishments primarily engaged in manufacturing shampoos or shaving products,whether from soap or synthetic detergents,are classified in Industry 2844;and those manufacturing synthetic glycerin are classified in Industry 2869. • Detergents,synthetic organic and inorganic alkaline • Dishwashing compounds • Dye removing cream,soap base • Glycerin,crude and refined:from fats except synthetic • Mechanics'paste • Presoaks • Scouring compounds • Soap:granulated,liquid,cake,flaked,and chip • Textile soap • Washing compounds [SIC Search I Division Structure I Major GrQupucture] _ Freedom of Information Act I Privacy&Security Statement I Disclaimers I Important Web Site Notices I International I Contact Us U.S.Department of Labor I Occupational Safety&Health Administration 1 200 Constitution Ave.,NW,Washington,DC 20210 Telephone:800-321-OSHA(6742) I TTY:877-889-5627 www.OSHA.gov 1 of 1 5/19/2014 3:29 PM Description for 2844: Perfumes,Cosmetics,and Other Toilet Preparations https://www.osha.gov/pls/imis/sic_manual.display?id=614&tab=desc. • SEARCH A to 2 Index rIINewsroom I Contact Us I FAQs I About OSHA L OSHA 0 SHARE 1f:: 3,g •uickTakes Newsletter RSS Feeds Occupational Safety&Health Administration We Can Help What's New Offices Home Workers Regulations Enforcement Data&Statistics Training Publications Newsroom Small Business o Anti-Retaliation Division D:Manufacturing Major Group 28:Chemicals And Allied Products Industry Group 284:Soap,Detergents,And Cleaning Preparations;Perfumes,Cosmetics,and Other Toilet Preparations 2844 Perfumes,Cosmetics,and Other Toilet Preparations Establishments primarily engaged in manufacturing perfumes(natural and synthetic),cosmetics,and other toilet preparations.This industry also includes establishments primarily engaged in blending and compounding perfume bases;and those manufacturing shampoos and shaving products,whether from soap or synthetic detergents.Establishments primarily engaged in manufacturing synthetic perfume and flavoring materials are classified in Industry 2869,and those manufacturing essential oils are classified in Industry 2899. • Bath salts • Bay rum • Body powder • Colognes • Concentrates,perfume • Cosmetic creams • Cosmetic lotions and oils • Cosmetics • Dentifrices • Denture cleaners • Deodorants,personal • Depilatories,cosmetic • Dressings,cosmetic . • Face creams and lotions • Face powders • Hair coloring preparations • Hair preparations:dressings,rinses,tonics,and scalp conditioners • Home permanent kits • Lipsticks • Manicure preparations • Mouthwashes • Perfume bases,blending and compounding • Perfumes,natural and synthetic • Sachet • Shampoos,hair • Shaving preparations:e.g.,cakes,creams,lotions,powders,tablets • Soap impregnated papers and paper washcloths • Suntan lotions and oils • Talcum powders • Toilet creams,powders,and waters • Toilet preparations • Toothpastes and powders • Towelettes,premoistened • • Washes,cosmetic [SIC Search I Division Structure I Major Group Structure] Freedom of Information Act I Privacy&Security Statement I Disclaimers I Important Web Site Notices I International I Contact Us U.S.Department of Labor I Occupational Safety&Health Administration I 200 Constitution Ave.,NW,Washington,DC 20210 Telephone:800-321-OSHA(6742) I TTY:877-889-5627 www.OSHA.gov 1 of 1 5/19/2014 3:28 PM