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Backup Documents 07/07/2015 Item # 9D 7-7-2915 9D ( 5: 05 PM) LDC AMENDMENTS Advertised w/proposed LDC Item 9C COLLIER COUNTY FLORIDA ' REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS /r• \\ To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement 0 Other: (Display Adv.,location,etc.) Originating Dept/Div: Operations and Regulatory Management Person:Caroline Cilek,Senior Planner Date:Wednesday,June 10, 2015 Petition No.(If none,give brief description): N/A Petitioner: (Name&Address): N/A Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other: Requested Hearing date:Tuesday,July 7,2015 Notice to run:Wednesday,July 1,2015 Notice to run not later than:Thursday,July 2,2015 Newspaper(s)to be used: (Complete only if important): X Naples Daily News ❑ Other X Legally Required Proposed Text: (Include Title of the Ordinance/Resolution(or just write in see attached document),legal description,common location&size): Please see attached legal ad. Please publish the following public notice and map in your edition on Wednesday.July 1, 2015. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review,2800 North Horseshoe Drive,Naples, Florida 34104,Attention:Caroline Cilek Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost?❑Yes ❑ No If Yes,what account should be charged for advertising costs: ;')enartment:Lana Development Services,Zoning Review Section.Fund&Cost Center: 13I-/38909-634999:Purchase Orde! ixsber:4500154241:Account Number: 068779 P.O.#4500154241 Reviewed by: •1 l•16- Division 6- Division inistrator or Designee Date List Attachments: Legal Ad.Proposed Ordinance to be furnished closer to the hearing date. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to 0 Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE N Date Received: Date of Public hearing:1 1`i S Date Advertised: -7—).--15- 9D Ann P. Jennejohn From: FrantzJeremy <JeremyFrantz@colliergov.net> Sent: Thursday, June 11, 2015 2:44 PM To: Minutes and Records Cc: Ashton, Heidi; Stone, Scott; Rodriguez,Wanda; Neet,Virginia; Lang,Ashley; Cilek, Caroline Subject: Legal ad for BCC July 7th meeting to run on 7/1/15 (2 of 2) Attachments: Advertising Request for LDCA for BCC night hearing on 070715.pdf;Coll(2x3).pdf; LDCA Legal Ad for nighttime BCC 7-7 Draft 6-10-15.docx Hi Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Please note that I have two separate advertising requests for the same date. This email is request 2 of 2. Let me know if you have any questions. Thank you! Jeremy Frantz Planner Land Development Code Section Collier County Growth Management Department 2800 N. Horseshoe Dr., Naples, FL 34104 (239) 252-2305 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 9D Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday,June 11, 2015 3:22 PM To: 'FrantzJeremy.; Neet,Virginia;Cilek, Caroline Subject: Legal ads for the July 7 BCC Meeting (AM and PM)to run on 7/1/15 Hi Jeremy, We received both ads for the Board's July 7th Meeting. As soon as I receive the proof(s)from NDN I'll forward them on for everyone's review. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: FrantzJeremy [mailto:JeremyFrantz@colliergov.net] Sent: Thursday, June 11, 2015 2:44 PM To: Minutes and Records Cc: Ashton, Heidi; Stone, Scott; Rodriguez, Wanda; Neet, Virginia; Lang, Ashley; Cilek, Caroline Subject: Legal ad for BCC July 7th meeting to run on 7/1/15 (2 of 2) Hi Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Please note that I have two separate advertising requests for the same date. This email is request 2 of 2. Let me know if you have any questions. Thank you! Jeremy Frantz Planner Land Development Code Section Collier County Growth Management Department 2800 N. Horseshoe Dr., Naples, FL 34104 (239)252-2305 1 9D June 10, 2015 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice and map in your edition on Wednesday,July 1, 2015. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104,Attention: Caroline Cilek. NOTICE OF INTENT TO CONSIDER ORDINANCES NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, July 7, 2015, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 5:05 P.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS, TO ADD GOLF MAINTENANCE BUILDINGS AS A NEW ACCESSORY USE WITHIN THE GOLF COURSE ZONING DISTRICT; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, TO ESTABLISH SETBACK REQUIREMENTS FOR GOLF CLUBHOUSE AND MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND GOLF COURSE LOTS IN ZONING DISTRICTS OTHER THAN RURAL AGRICULTURAL AND ESTATES; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE. AND 9D 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, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW FACILITIES WITH FUEL PUMPS WITH 8 OR MORE FUEL PUMPS AND WITHIN 250 FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL THROUGH A CONDITIONAL USE HEARING; SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE. [Insert Map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Tim Nance, Chairman 9D Collier County Florida /i1J J ....._ 0 I d a 1.k . wiwrs o rii lc jar.rile y.. Yw ` ••••"'EVE110.ADCf 9D Acct. #068779 June 19, 2015 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: LDC Amendments (Display Notice w/MAP) Dear Legals, Please advertise the above referenced Notice (w/MAP) on Wednesday, July 1, 2015 and send Duplicate Affidavits of Publication, with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500154241 9D NOTICE OF INTENT TO CONSIDER ORDINANCES NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, July 7, 2015, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 5:05 P.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER 2 — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS, TO ADD GOLF MAINTENANCE BUILDINGS AS A NEW ACCESSORY USE WITHIN THE GOLF COURSE ZONING DISTRICT; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, TO ESTABLISH SETBACK REQUIREMENTS FOR GOLF CLUBHOUSE AND MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND GOLF COURSE LOTS IN ZONING DISTRICTS OTHER THAN RURAL AGRICULTURAL AND ESTATES; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE. AND 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, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE — GENERAL PROVISIONS, 9D INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW FACILITIES WITH FUEL PUMPS WITH 8 OR MORE FUEL PUMPS AND WITHIN 250 FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL THROUGH A CONDITIONAL USE HEARING; SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE. [Insert Map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Tim Nance, Chairman 9D 0 ' Caller County Florida vI _., .0_ 1G _ .c,fe OF le V o vy` OF ISLAND I_�tiy0. , t. silt f ` ` \ EIRIIRADEt 9D Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday,June 19, 2015 1:52 PM To: Naples Daily News Legals Subject: BCC-LDC Display(w/MAP) Attachments: BCC-LDC Display(7-7-15 Mtg).doc; BCC-LDC Display(7-7-15 Mtg.).doc; BCC-LDC Display(7-7-15 Mtg).pdf Please advertise the attached notice w/MAP on Wednesday, July 1, 2015. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes& Records Dept. 239-252-8406 239-252-8408 (Fax) 1 9D Ann P. Jennejohn From: Gori,Ivonne <ivonne.gori@naplesnews.com> Sent: ' Monday,June 22, 2015 1:43 PM To: Ann P.Jennejohn Subject: 231121354 RE: BCC-LDC Display(w/MAP) Attachments: NDN231121354.pdf Ann Please find attached a proof for your review and approval, for Publication on July 1s`, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori( NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Navin ago ?lents NawpiesNawcom From: Ann P. Jennejohn [mailto:Ann.Jennejohn@ collierclerk.com] Sent: Friday, June 19, 2015 1:52 PM To: Legals NDN Subject: BCC-LDC Display (w/MAP) Please advertise the attached notice w/MAP on Wednesday, July 1, 2015. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Please visit us on the web at www.collierderk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s).It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE nT NOTICE OF INTENT TO CONSIDER ORDINANCES 9D NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday,July 7,2015,in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code.The meeting will commence at 5:05 RM.The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE,RECITALS;SECTION TWO,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING CHAPTER 2-ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS,TO ADD GOLF MAINTENANCE BUILDINGS AS A NEW ACCESSORY USE WITHIN THE GOLF COURSE ZONING DISTRICT; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES,TO ESTABLISH SETBACK REQUIREMENTS FOR GOLF CLUBHOUSE AND MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND GOLF COURSE LOTS IN ZONING DISTRICTS OTHER THAN RURAL AGRICULTURAL AND ESTATES;SECTION THREE,CONFLICT AND SEVERABILITY;SECTION FOUR,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION FIVE,EFFECTIVE DATE. AND 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,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW FACILITIES WITH FUEL PUMPS WITH 8 OR MORE FUEL PUMPS AND WITHIN 250 FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL THROUGH A CONDITIONAL USE HEARING;SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION THREE, CONFLICT AND SEVERABILITY;SECTION FOUR,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION FIVE,EFFECTIVE DATE. •• IIIII 7 Mal 'hold'! ii. milIIIA X., iv ?—EI— mg 111 a' '4 _ All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section,Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M.and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380, at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County,Florida Tim Nance,Chairman No.231121354 July 1.2015 9D Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday,June 22, 2015 1:53 PM To: FrantzJeremy(JeremyFrantz@colliergov.net);Cilek, Caroline; Neet, Virginia; Rodriguez, Wanda Subject: BCC-LDC Notice (BCC July 7 5:05 PM Meeting) Attachments: NDN231121354.pdf Hi again, The display ad for the proposed LDC changes that will be published Wednesday, July 1st and heard by the Board on July 7th at 5:05 PM is attached for your review. Please get back to me a.s.a.p. regarding any changes that need to be made or with your approval. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes(Si Records Dept. 239-252-8406 239-252-8408 (Fax) From: Gori, Ivonne [mailto:ivonne.gori@ naplesnews.com] Sent: Monday,June 22, 2015 1:43 PM To: Ann P. Jennejohn Subject: 231121354 RE: BCC-LDC Display (w/MAP) Ann Please find attached a proof for your review and approval,for Publication on July 15`, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 ' les anal; News NspissNswsoom From: Ann P. Jennejohn [mailto:Ann.JennejohnOcollierclerk.com] Sent: Friday, June 19, 2015 1:52 PM 1 9D Ann P. Jennejohn From: FrantzJeremy <JeremyFrantz@colliergov.net> Sent: Monday,June 22, 2015 2:59 PM To: Ann P.Jennejohn;Cilek, Caroline; Neet,Virginia; Rodriguez,Wanda Subject: RE: BCC-LDC Notice(BCC July 7 5:05 PM Meeting) Looks good on my end. From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Monday, June 22, 2015 1:53 PM To: FrantzJeremy; CilekCaroline; NeetVirginia; RodriguezWanda Subject: BCC-LDC Notice(BCC July 7 5:05 PM Meeting) Hi again, The display ad for the proposed LDC changes that will be published Wednesday, July 1st and heard by the Board on July 7th at 5:05 PM is attached for your review. Please get back to me a.s.a.p. regarding any changes that need to be made or with your approval. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com] Sent: Monday,June 22, 2015 1:43 PM To: Ann P. Jennejohn Subject: 231121354 RE: BCC-LDC Display(w/MAP) Ann Please find attached a proof for your review and approval,for Publication on July 1st, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori4NaplesNews.com A: 1100 Immokalee Road l Naples, FL 34110 i 9D Ann P. Jennejohn From: Neet,Virginia Sent: Monday,June 22, 2015 4:46 PM To: Ann P.Jennejohn Subject: FW: BCC-LDC Notice (BCC July 7 5:05 PM Meeting) Attachments: NDN231121354.pdf From: AshtonHeidi Sent: Monday,June 22, 2015 4:45 PM To: NeetVirginia Subject: FW: BCC-LDC Notice (BCC July 7 5:05 PM Meeting) Dinny, Approved! f/war'Af4to„-Cela Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East,Suite 800 Naples, FL 34112 (239)252-8400 From: NeetVirginia Sent: Monday,June 22, 2015 4:42 PM To: AshtonHeidi Subject: FW: BCC-LDC Notice (BCC July 7 5:05 PM Meeting) For your approval. From: RodriguezWanda Sent: Monday, June 22, 2015 2:03 PM To: NeetVirginia Cc: StoneScott; AshtonHeidi Subject: re: BCC-LDC Notice (BCC July 7 5:05 PM Meeting) Dinny, The titles in the attached ad are correct. These are the LDC amendments being heard by the BCC at the nighttime hearing. Wanda Rodriguez, MCP .Advanced Certified ParaCegaf Office of the County.Attorney (239)2.52-8400 1 9D Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday,June 22, 2015 4:50 PM To: 'Gori,Ivonne' Subject: RE: 231121354 RE: BCC-LDC Display(w/MAP) Looks great Ivonne O Please publish on July 1st, 2015. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Gori, Ivonne [mailto:ivonne.gori©naplesnews.com] Sent: Monday,June 22, 2015 1:43 PM To: Ann P. Jennejohn Subject: 231121354 RE: BCC-LDC Display(w/MAP) Ann Please find attached a proof for your review and approval,for Publication on July 155, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.goriCa.NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples BAB News Nltplasm From: Ann P. Jennejohn [mailto:Ann.Jennejohn@acollierclerk.com] Sent: Friday, June 19, 2015 1:52 PM To: Legals NDN Subject: BCC-LDC Display (w/MAP) Please advertise the attached notice w/MAP on Wednesday, July 1, 2015. Thank you. 1 9D Ann P. Jennejohn From: Rodriguez, Wanda Sent: Wednesday, June 24, 2015 10:01 AM To: Ann P.Jennejohn; Minutes and Records Cc: FrantzJeremy; Cilek, Caroline; Neet, Virginia;Ashton, Heidi; Stone, Scott Subject: RE: BCC-LDC Notice (BCC July 7 5:05 PM Meeting) Ann, The second title in the ad (regarding gas stations) needs to be amended, by deleting the phrase below as indicated: 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, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE —GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS - r . _ - - e - - . e . - - - . • _ - e . . _ _e e _ _ _ _ • • _; SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE. 'Wanda Rodriguez,ACP Advanced Certified Para(egaC Office of the County Attorney (239)252-8400 From: RodriguezWanda Sent: Wednesday, June 24, 2015 9:12 AM To: Ann P. Jennejohn; Minutes and Records Cc: FrantzJeremy; CilekCaroline; NeetVirginia; AshtonHeidi Subject: RE: BCC-LDC Notice (BCC July 7 5:05 PM Meeting) Importance: High Ann, Due to the BCC's vote on this item yesterday there will be changes needed to this ad. Staff is discussing and will get back to you regarding the needed changes as soon as possible. Wanda.Rodriguez,ACP Advanced Certified ParafegaC 1 9D Ann P. Jennejohn From: Ann P.Jennejohn Sent Thursday,June 25, 2015 1:05 PM To: 'Gori,Ivonne' Subject: RE: 231121354 RE: BCC-LDC Display(w/MAP) Attachments: NDN231121354.pdf Hi there, A small revision needs to be made to this ad that's running next Wednesday; it's removing some of the text (see attached) Please let me know if you need any more info. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes& Records Dept. 239-252-8406 239-252-8408 (Fax) From: Gori, Ivonne [mailto:ivonne.goranaalesnews.com] Sent: Monday,June 22, 2015 1:43 PM To: Ann P. Jennejohn Subject: 231121354 RE: BCC-LDC Display(w/MAP) Ann Please find attached a proof for your review and approval,for Publication on July 1St, 2015. Thanks! Ivonne Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F:239.352.1251 E: ivonne.goria.NaolesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples Battu News wlrl.. m From: Ann P. Jennejohn [mailto:Ann.JennejohnCa�collierclerk.com] Sent: Friday,June 19, 2015 1:52 PM To: Legals NDN Subject: BCC-LDC Display(w/MAP) Please advertise the attached notice 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE 9D NOTICE OF INTENT TO CONSIDER ORDINANCES NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday,July 7,2015,in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112. the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 5:05 P.M.The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE,RECITALS;SECTION TWO,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING CHAPTER 2-ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS,TO ADD GOLF MAINTENANCE BUILDINGS AS A NEW ACCESSORY USE WITHIN THE GOLF COURSE ZONING DISTRICT; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES,TO ESTABLISH SETBACK REQUIREMENTS FOR GOLF CLUBHOUSE AND MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND GOLF COURSE LOTS IN ZONING DISTRICTS OTHER THAN RURAL AGRICULTURAL AND ESTATES;SECTION THREE,CONFLICT AND SEVERABILITY;SECTION FOUR,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION FIVE,EFFECTIVE DATE. AND 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,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS AND"I'Att • • • • • ••WIT}ftf7 250'P!!T 0P-RESIDENTIAL PROPERTY 10 SP!'K '• '• ;SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION FIVE,EFFECTIVE DATE. ` 111 Colegorlda r county +i. IIMa Per 11.11111. All interested parties are invited to appear and be heard.Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section,Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380. at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County,Florida Tim Nance,Chairman No.231121354 July 1.2015 9D Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday,June 25, 2015 3:29 PM To: Rodriguez,Wanda; FrantzJeremy(JeremyFrantz@colliergov.net); Cilek,Caroline Subject: REVISED July 7 5:05 pm LDC Attachments: REVISED NDN231121354.pdf The"revised" notice for the Board's July 7 5:05 Meeting is attached for you to re-review. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Gori, Ivonne [mailto:ivonne.goranaplesnews.com] Sent:Thursday, June 25, 2015 2:50 PM To: Ann P. Jennejohn Subject: RE: 231121354 RE: BCC-LDC Display(w/MAP) Here you goO Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori(&NaolesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples , pietas PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE 9D NOTICE OF INTENT TO CONSIDER ORDINANCES NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday,July 7,2015,in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code.The meeting will commence at 5:05 P.M.The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE,RECITALS;SECTION TWO,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING CHAPTER 2-ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS,TO ADD GOLF MAINTENANCE BUILDINGS AS A NEW ACCESSORY USE WITHIN THE GOLF COURSE ZONING DISTRICT; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES,TO ESTABLISH SETBACK REQUIREMENTS FOR GOLF CLUBHOUSE AND MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND GOLF COURSE LOTS IN ZONING DISTRICTS OTHER THAN RURAL AGRICULTURAL AND ESTATES;SECTION THREE,CONFLICT AND SEVERABILITY;SECTION FOUR,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION FIVE,EFFECTIVE DATE. AND 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,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE-GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS;SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION THREE, CONFLICT AND SEVERABILITY;SECTION FOUR,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION FIVE,EFFECTIVE DATE. carer anew HeHda 1511 11U1,a 11111111111111111 .01 NI lOss 441111111, All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section,Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380, at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County,Florida Tim Nance,Chairman No.231121354 July 1.2015 9D Ann P. Jennejohn From: Neet,Virginia Sent: Friday,June 26, 2015 9:14 AM To: Ann P.Jennejohn Cc: Ashton, Heidi; Rodriguez, Wanda Subject: FW: REVISED July 7 5:05 pm LDC Attachments: REVISED NDN231121354.pdf; RE: Legal ad for 7-7 hearing Based on Heidi's and Wanda's review,the ad is approved. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239)252-8066 - Fax(239)252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: RodriguezWanda Sent: Friday, June 26, 2015 9:06 AM To: NeetVirginia Subject: FW: REVISED July 7 5:05 pm LDC Dinny, The second title in the ad has been revised in accordance with Heidi's direction (attached), and otherwise it looks good. Wanda Rodriguez, ACP Advanced Certified Paralegal' Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.JennejohnCacollierclerk.com] Sent: Thursday, June 25, 2015 3:29 PM To: RodriguezWanda; FrantzJeremy; CilekCaroline Subject: REVISED July 7 5:05 pm LDC The"revised" notice for the Board's July 7 5:05 Meeting is attached for you to re-review. Thank you! 9D Advertised w/proposed LDC Item 9C PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER ORDINANCES NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday,July 7,2015.in the Board of County Commissioners Meeting Room, 3rd Floor, Building"F Collier County Government Center.3299 Tamiami Trail East,Naples,Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code.The meeting will commence at 5:05 P.M. The titles of the proposed ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE,RECITALS;SECTION TWO,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING CHAPTER 2-ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS,TO ADD GOLF MAINTENANCE BUILDINGS AS A NEW ACCESSORY USE WITHIN THE GOLF COURSE ZONING DISTRICT: CHAPTER 4 -SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES,TO ESTABLISH SETBACK REQUIREMENTS FOR GOLF CLUBHOUSE AND MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND GOLF COURSE LOTS IN ZONING DISTRICTS OTHER THAN RURAL AGRICULTURAL AND ESTATES;SECTION THREE,CONFLICT AND SEVERABILITY;SECTION FOUR,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION FIVE,EFFECTIVE DATE. AND 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,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,MORE SPECIFICALLY AMENDING THE FOLLOWING:CHAPTER ONE-GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS;SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS;SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS;SECTION THREE, CONFLICT AND SEVERABILITY;SECTION FOUR,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION FIVE,EFFECTIVE DATE. Conk.County florid• Rig —1 N Mter • All interested parties are invited to appear and be heard.Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section,Growth Management Department. 2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office,Building F, Fourth Floor. Suite 401,Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,ne will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East.Suite 101,Naples,FL 34112-5356,(239)252-8380. at feast two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. 'Collier County Board of County Commissioners Collier County,Florida Tim Nance,Chairman No.231121354July 1.2015 D i ORIGINAL DOCUMENTS CHECKLIST & ROUTIN TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT O THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office HFAC 7/8/15 4. BCC Office Board of County Commissioners /J/ 1k 1t 5. Minutes and Records Clerk of Court's Office eTnir1 M5 (Z:02 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Wanda Rodriguez, ACP Phone Number 252-812 Contact/ Department Office of e County Attorney Agenda Date Item was 7/7/15 Agenda Item Number 9D Approved by the BCC Type of Document Ordinance No. 15-46/Amending 04-41 the Number of Original one Attached Collier County Land Development Code Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? HFAC 2. Does the document need to be sent to another agency for additional signatures? If yes, HFAC provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be HFAC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's HFAC Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the HFAC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HFAC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip HFAC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/7/15 and all changes made during the HFAC ., meeting have been incorporated in the attached document. The County Attorney's �4 , Office has reviewed the changes,if applicable. �t 0 40 9. Initials of attorney verifying that the attached document is the version approved by the HFAC �� BCC,all changes directed by the BCC have been made,and the document is ready for e �,, i Chairman's signature. '1-,,,TA Teresa L. Cannon 90 From: Teresa L. Cannon Sent: Wednesday,July 08, 2015 4:50 PM To: countyordinances@dos.myflorida.com Subject: CLL Ordinance 2015-0046 Attachments: CLL20150707_Ordinance2015_0046.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT BOARD MINUTES& RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER(CLL) ORDINANCE NUMBER: 2015-0046 Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@col I ierclerk.corn 1 90 ORDINANCE NO. 15 —46 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, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS; SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, 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 superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the second amendment cycle for the calendar year 2014; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and Page 1 of 16 Words struck through are deleted,words underlined are added 9 0 WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on March 10, 2015 and June 23, 2015 and July 7, 2015, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 2.A: AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions * * * * * * * * * * * * Automobile service station: Facility with fuel pumps: means any establishment that sells, distributes, or pumps fuels for motor vehicles whether or not such facility provides automotive repair services or includes a convenience store. See fuel pump definition. Any commercial or provided only as a "secondary function," such as a retail establishment (i.e. grocery store or Page 2 of 16 Words struck through are deleted, words underlined are added 9 * * * * * * * * * * * * * Fuel pump: Also known as a "fueling position," means any self-service or full-service device used for the sale of fuel for motor vehicles. A single fuel pump is a fuel pump that can serve only one vehicle at a time. The number of pumps on a single device is determined by the maximum number of vehicles that can be serviced at the same time. For example, a fuel dispensing device that can fuel two vehicles at once is considered two fuel pumps, and two fuel dispensing devices that can fuel four vehicles at once is considered four fuel pumps, and so on. * * * * * * * * * * * * SUBSECTION 2.B: AMENDMENTS TO SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS Section 5.05.05 Automobile Service Stations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.05 Automobile Service Stations Facilities with Fuel Pumps A. The purpose of this section is to ensure that facilities with fuel pumps do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with Bowe stations facilities with fuel pumps, particularly those open 24 hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety, and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of facilities with fuel pumps. Page 3 of 16 Words Gtruck through are deleted,words underlined are added 9D B. Site design requirements. 1. Table of site design requirements: Minimum dimensions: Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent automobile service stations facilities with 500 fuel pumps (ft.) (based on distance between nearest points) Minimum setbacks, all structures: Front yard (ft.) 50 Side yard (ft.) 40 Rear yard (ft.) 40 2. Waiver of separation requirements. a. The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of a - . - - - - - - - - - • facility with fuel pumps is separated from another facility with fuel pumps by natural or man-made boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: Whether the nature and type of natural or man:made boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed service station facility with fuel pumps. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4:lane arterial or collector right-of-way. ii. Whether the facility with fuel pumps is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the station facility with fuel pumps sells food, Page 4 of 16 Words struck through are deleted, words underlined are added 9 0 gasoline, and other convenience items during daytime, nighttime, or on a 24 hour basis. iii. Whether the facility with fuel pumps is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of- way. iv. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. b. The Administrative Code shall establish the submittal requirements for a . . _ _ . - - - . . : • facility with fuel pumps waiver request. The request for a - . - - - - - - - '- - • facility with fuel pumps waiver shall be based on the submittal of the required application, a site plan, and a written market study analysis which justifies a need for the additional facility with fuel pumps in the desired location. c. Additional conditions. The BZA shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the automobile service station facility with fuel pumps with the surrounding area and the goals and objectives of the GMP. C. Building architecture, site design, lighting, and signage requirements. 1. Building architecture shall meet the requirements of LDC section 5.05.08 in addition to the following requirements: a. All structures on-site shall be of a consistent design and color scheme. b. Canopy standards: Columns must be at least eighteen (18) inches wide on all sides. ii. Under-canopy lights must be fully recessed. iii. Canopies must not be higher than sixteen (16) feet clear. iv. Canopy standards. a) Canopy roofs shall be consistent with the architectural design and features of the principal structure. b) The eave fascia of the canopy shall be of one (1) color, consistent with the predominant color and scheme of the principal structure. Color accent banding on canopy structures is permitted through the Deviations and Page 5 of 16 Words struck through are deleted, words underlined are added 9D Alternative Compliance process established in LDC section 5.05.08. c) One of the following shall be applied to the canopy roof or eave fascia: i) Canopy roofs shall provide a slope ratio of 4:12 or higher. A minimum of two roof-edge or parapet line changes are required and shall create three distinct sections. One roof edge or parapet line change shall be provided for every 75 linear feet of the canopy length. Each change shall be a minimum of 20 percent of the canopy length. ii) The eave fascia shall have a projection or recess with a minimum depth of three feet, and a minimum total width of 20 percent of the eave fascia length. One change is required for every 75 linear feet of the canopy length. v. See canopy signage standards in LDC section 5.05.05 C.4, below. 2. Site design standards. a. A dumpster enclosure shall be provided as established in LDC section 5.03.04 and integrated with the design and color scheme of the facility with fuel pumps. b. Trash receptacle(s) shall be provided at a convenient location on-site to facilitate litter control. c. All restrooms and ATMs shall be located inside the principal structure. 3. Lighting standards. a. All light fixtures shall be directed away from neighboring properties. b. On-site light fixtures shall not exceed a height greater than twenty (20) feet above finished grade. c. On-site luminaries shall be of low level, indirect diffuse type, and shall be between a minimum average of 1.5 foot-candles and a maximum average of 5 foot-candles. d. All light fixtures shall be full cutoff with flat lenses. e. Lighting located underneath the canopy shall be recessed, of indirect diffuse type, and designed to provide light only to the pump island areas located underneath said canopy. Page 6 of 16 Words struck through are deleted,words underlined are added 9 0 f. Under-canopy luminance shall be between a minimum average of 5 foot- candles and a maximum average of 20 foot-candles. 24. Signage for . . - e - - - - - • •- • facilities with fuel pumps. The following are the only signs allowed in facilities with fuel pumps and convenience stores with gas pumps fuel pumps. a. Window, Wall, and other signs: As allowed in LDC Ssection 5.06.00-of this Code. b. All canopies may have an An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise accent lighting; and back lighting and accent striping are prohibited on canopy structures. Color accent banding on canopies may be approved as established in LDC section 5.05.05 C.1.b.iv.(b), above. c. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. Said sign shall be consistent with the color scheme and architectural design of the principal structure. d. Signage is prohibited above gas fuel pumps. D. Supplemental standards for facilities with fuel pumps within 250 feet of residential property. Facilities with fuel pumps shall be subject to the following standards when located within 250 feet of residentially zoned or residentially developed properties, hereinafter referred to as "residential property," as measured from the property line of the facility with fuel pumps to the residential property line. However, a facility with fuel pumps shall be exempt from LDC section 5.05.05 D when it is separated from residential property by a minimum of 100 feet of designated preserve area that is 80 percent opaque and at least 12 feet in height within one year, or a minimum 4-lane arterial or collector right-of-way. 1. Setbacks. All structures shall provide a minimum 50-foot front, side, and rear yard setback from residential property line(s). 2. Landscaping and masonry wall standards. a. Facility with fuel pumps sites shall be separated from residential property by a thirty (30) foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in Page 7 of 16 Words struck through are deleted,words underlined are added 0 i color, pattern, and texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three (3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover. b. Landscaping shall be required on both sides of the masonry wall. On the residential property wall side, a hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30) feet on center, and twelve (12) feet in height at planting are required. A hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. 3. Music, amplified sound, and delivery time standards. a. Music and amplified sound shall not be played in the fuel pump area between the hours of 10:00 p.m. and 7:00 a.m. b. Music and amplified sound shall not be audible from the residential property line. c. Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. in the area located between the neighboring residential property and the facility with fuel pumps. 4. Lighting standards. a. On-site lighting. i. All light fixtures shall be directed away from neighborinq properties. ii. On-site light fixtures within fifty (50) feet of residential property shall not exceed a height greater than fifteen (15) feet above finished grade. Light fixtures elsewhere shall not exceed a height greater than twenty (20) feet above finished grade. iii. All light fixtures shall be full cutoff with flat lenses. Page 8 of 16 Words struck through are deleted,words underlined are added 9rj iv. On-site luminaries shall be of low level, indirect diffuse type, and shall be between a minimum average of 1.5 foot-candles and a maximum average of 5 foot-candles. v. Illumination shall not exceed: a) 0.5 foot-candles at all residential property lines; and b) 0.2 foot-candles at ten (10) feet beyond all residential property lines. b. Under-canopy lighting. Lighting located underneath the canopy shall be recessed, of indirect diffuse type, and designed to provide light only to the pump island areas located underneath said canopy. ii. Under canopy luminance shall be between a minimum average of 5 foot-candles and a maximum average of 20 foot-candles. 5. Dumpster enclosures. At a minimum, the dumpster enclosure shall be located at a distance from residential property equal to the setback of the principal structure from residential property. 6. See LDC section 5.05.11 for car washes, vacuums, and compressed air stations abutting residential zoning districts. -E. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. 1. Right-of-way buffer landscaping: a. Landscaping adjacent to rights-of-way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty-five (25) feet in width. Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted. b. An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be constructed and maintained at a minimum average height of three (3) feet. The berm shall be planted with ground cover (other than grass), shrubs, hedges, trees, and palms. c. The required trees and palms shall be clustered in double rows with a minimum of three (3) trees per cluster. Canopy trees shall be planted a maximum of twenty (20) feet on center within a cluster. The use of palms within the right-of-way buffer shall be limited to landscaped areas Page 9 of 16 Words struck through are deleted,words underlined are added 9 0 adjacent to vehicular access points. Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at a maximum of eight (8) feet on center, with a minimum of a four (4) foot difference in height between each tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which may be planted one (1) palm per cluster. A maximum distance of twenty-five (25) feet between all types of tree clusters shall be maintained (See Illustration 1 below). d. All of the trees shall be a minimum of fourteen (14) feet in height at the time of installation. Trees shall have a minimum of a three and one-half (3'/z) inch caliper at twelve (12) inches above the ground and a six (6) foot spread. At installation, shrubs shall be a minimum of ten (10) gallon, five (5) feet in height, with a three (3) foot spread, planted four (4) feet on center. 2. Landscaping adjacent to all other property lines: a. Side property boundaries (other than those adjacent to rights of way) requirements of section 4.06.00, Landscaping and Buffering. b. Rear property boundaries (other than-these adjacent to road rights of way) shall be planted with a single row hedge. The hedge shall be a a. Landscaping adjacent to all other property lines shall comply with the requirements in LDC section 4.06.02. c-b. Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. Page 10 of 16 Words struck through are deleted, words underlined are added 90 ILLUSTRATION 11 r s tu„i .`2 _ -.°°°°-1-'a, •. 'im&o 5-;7.e4-V:o D.33F 1° ' \' AIn�ewe TREE IT VP.) .1\-i °R •4*.J ."7•*-4',,:t.174 - .....,—; tv;o4c,I 2( :.,'*-1,,-..-: BUILDING 2° ��� w$Po�0� o(e,,,.I Rll .kkft ,, 14 \ ,. /- PALM ITYP.) 1 Dd4 I I `Z`l 25' WIDE ',.•-----CANOPY I '�VS` a§ I BUFFER L _. _I o , ci C I 3:1 BERM 0 3' HT. e0l.I DOUBLE ROW @ 20' MAX -LA,'' 10' MIN r'2, - DISTANCE BETWEEN TREES :� � FROM 4` ,. �� EDGE 0 R 20' MAX ; . PAVEMENT I DISTANCE of �� BETWEEN e CLUSTERS 10' MAX `/A�' r�"*. w.i>,t 'M � SPACING llikBETWEEN ' If ,4 .-:: ~or ...„;‘*00:31,1- -- .'i �^ PALMS BUFFERtLt (nom �-+� { ZII2 , ~" , , ri R.O.W. SHRUB & MAX GROUND SPACING COVEREBETTWEEN MIN. 3 PALMS PER CLUSTER AT PAVEMENT ENTRANCES AUTOMOBILE OCRVICC STATION ALL PREPARED 8Y:OFFICE OF GRAPHICS AND TECHNICAL SUPPORT COMMUNITY DEVELOPMENT AND ENVMONMENTAL SERVICES DIVISION DATE 8/2054 FILE:LDC-2004.2.DWG Illustration 1. Facilities with Fuel Pumps R.O.W. Landscape Requirements or residentially developed properties by an architecturally designed 6 foot high masonry wall or fence utilizing materials similar in color, module, and texture to those utilized for the building. Landscaping shall be planted on the residential side of the fence or wall. F. Lighting. • Page 11 of 16 Words struck through are deleted, words underlined are added �.w 2. On site luminaries shall be of low level, indirect diffuse type, and shall not exjceed a height of greater than twenty (20) feet above finished grade. 3. Lighting located underneath a canopy shall be of low level, indirect diffuse type canopy. G. All restrooms shall be located inside or to the side or rear of the building. H. As required by section 5.03.04, a six (6) foot high enclosed trash area to be integrated with the design of the service station shall be provided. I-F. Storage tanks shall be located below grade. J-G. There shall be no outside displays of products, stacking of tires, or other merchandise. K-H. No facility with fuel pumps shall have an entrance or exit for vehicles within 200 feet along the same side of a street as a school, public playground, child care center, church, hospital, public library, or any institution for dependents or for children, except where such property is in another block. L. Color accent banding en gasoline canopy structures and all other structures is prohibited. Canopies shall be of one (1) color, consistent with the predominant color of M-l. Each facility with fuel pumps shall provide the necessary infrastructure and pre-wiring in order to provide the capabilities for generator service in case of emergencies. N-J. In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated: 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not recapping of tires. 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like. 4. Provision of water, antifreeze, flushing of the cooling system, air conditioning recharge, and the like. 5. Providing and repairing fuel pumps and lines. 6. Minor motor adjustments not involving removal of the head or crankcase. 7. Greasing and lubrication. Page 12 of 16 Words struck through are deleted, words underlined are added 9 0 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, e- - - - - - - - - - - principal business operation. 9. Provision of road maps and other information. 10. No mechanical work shall be allowed outside of the enclosed areas. 11. Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed building. 12. Uses permissible at a an facility with fuel pumps do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles (except as expressly permitted in subsection 13. below), commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations. A - . . . . ' - - - = • facility with fuel pumps is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truck stop. 13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the service station facility with fuel pumps or if the vehicles have been towed by the service station facility with fuel pumps and are being held for servicing, for an insurance company, or for salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six (6) feet high. Said vehicles shall not be stored longer than sixty (60) days. 14. Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an accessory use. This provision does not allow carwashes except in those zoning districts where a carwash is a permitted use, and where such carwashes shall be subject to criteria specified in the zoning district. OK. Exceptions: 1. The site design standards set forth in LDC section 5.05.05 B.1. (table) shall not apply to, nor render non-conforming, any existing facility with fuel pumps or any facility with fuel pumps within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. 2. The site design standards set forth in LDC section 5.05.05 F-C. - M-J. or any other applicable development standard shall apply to existing automobile Page 13 of 16 Words struck through are deleted,words underlined are added 9 0 service—stations—facilities with fuel pumps pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code. * * * * * * * * * * * * SUBSECTION 2.C: AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS Section 5.05.08 Architectural and Site Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * * D. Design Standards for specific building uses. * * * * * * * * * * * * * 4. Automobile service stations Facilities with fuel pumps. a. Applicability. In addition to the requirements of LDC Ssection 5.05.05 Automobile service stations Facilities with fuel pumps, all standards established in this section are applicable_ with the following additional requirements: i. Canopy columns must be at least 18 inches wide. ii. Under canopy lights must be fully recessed. iii. Canopies must not be higher than 16 feet clear. * * * * * * * * * * * * SUBSECTION 2.D: AMENDMENTS TO SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS Section 5.05.11 Carwashes Abutting Residential Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 14 of 16 Words struck through are deleted,words underlined are added 9D 5.05.11 Carwashes Abutting Residential Zoning Districts A. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. B. Minimum yards. 1. Front yard setback: fifty (50) feet. 2. Side yard setback: forty (40) feet. 3. Rear yard setback: forty (40) feet. C. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. D. Minimum lot size is 18,000 square feet. E. If a carwash, vacuum station, or compressed air station abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six (6) feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than fifteen (15) feet. The wall shall be located within a landscaped buffer as specified in section 4.06.00. All walls shall be protected by a barrier to prevent vehicles from contacting them. F. The building shall maintain a consistent architectural theme along each building facade. G. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. H. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. * * * * * * * * * * * * SECTION THREE: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the existing Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the existing LDC or GMP shall prevail. In the event this Page 15 of 16 Words struck through are deleted, words underlined are added 90 Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. 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 FOUR: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 7th day of July, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA A ell. 3a?:. k � • yi S •V. '' .... ,.y i y ut Clerk TIM NANCE, Chairmantt2St d8�tF �IN�11 y signatt Fe Only M Appfgved•as to:firm and legality: u,t.d, It- 0 This ordinances cid with the Heidi Ashton-Cicko, Esquire Mary of Managing Assistant County Attorneyy and acknowledgem p{ that fill.•_ r-ceive• this� �_ day 04-CMD-01077/1703(6/29/15) Of By 1 '11 , '. . C • zrtii Page 16 of 16 Words struck through are deleted, words underlined are added we ss`. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State July 9, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-46,which was filed in this office on July 8, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us Agenda Item No. 9 Agenda Item TopicS�Izv,Le- z-I c — (For Public Comment,list topic) D Meeting Date: 7/ J\)L e O I c Name: V r•i I�An,M T Address: 2021f=,�cINP I CIL tt`s)N9LE C FL 11 Representing/Petitioner: '3-E L..-t- Other: COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS-PLEASE PRINT CLEARLY Agenda Item No. c Agenda Item Topic 0,(s sta ,�2s / (� (For Public Comment,list topic) l Meeting Date: � ( � 2 D ( < Name: .L..)w4+vag-A`Eo.3 Address: 15 2-( S . /V1p k5 Representing/Petitioner: Other:l-h i la,4- l( L_L C, COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS-PLEASE PRINT CLEARLY Agenda Item No. at r Agenda Item Topic sef f/Costat,Ch (For Public Comment,list topic) Meeting Date: (1( I S Name: -eAr+ v). 1"rt L Address: Fc o Pifk Stiar-e A/o/vs 3 y is Representing/Petitiw+er: Amer+tah C,rr,m'/ Rutli't t Na-ioIas ('L zm Other: COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS-PLEASE PRINT CLEARLY Agenda Item No. qi Agenda Item Topic f ...t( o de,- (For Public Comment,list topic) Sec`s' s. or, 3 Meeting Date: —7/7 L' Name: k i c'k Address: IA( Sf (o-L- tj/6 4 Representing/Petitioner: \a`Plfis Other: COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS-PLEASE PRINT CLEARLY s 9D Agenda Item No. ci Agenda Item Topic c i J,k--,-,s (For Public Comment,list topic) Meeting Date: f'1 1 1 1 t S Name: ?, LC, `in J anv.t`J^ Address: Representing/Petitioner: Other: COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DIAISEASE PRINT CLEARLY V'AideS Agenda Item No. c Agenda Item Topic 6%0.5 s --.% (For Public Comment,list topic) Meeting Date: 1 1 1 Name: i uc-N H.rd Address: Representing/Petitioner: Other: COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS—PLEASE PRINT CLEARLY ..,,, 0 t 9 0 IS 0 L r o 0 Co ) • Li s_ - CO L n C o o 0 o r -c ._ c a - � _ m N > v E E C a +-' 0 (� vin .04- O L Co O d a Z N 'Q N. 0 v - Co n Co � ECU as a) E CO �3 : J i� Q., .�,, 4- L 4i-' is i-• •• .F. -0 Ln L. CD •ImoV v a NCO E Oa p CI) N -C 0 W I-' > us C C N N73 sv I i s_ C +, O L v N -O CO CO o o +' N E o)i a) a N C c CC) - c o N � N • CZ 3 a) O 4 N N - O cn 4.• 0. s0 -p Zs •r, E c "-P ca 0 CO U C o a-, i a-+ �_ CA-- C C H CD (/) .-- D E E 0 •- .O -O .- N c �- cn N C C _00 o ., r 'O L • a rn in N O CO _ L Sc)sn -O -C c rn Lc' r H -O O N i E CU in s J ;.� E '+_- _ CI) p U V' Z >, C • CO • _ 0 E N CD ,-c,, Y a 4 CD Co C C R - 0C Lc N CO CI Co N (q N aa) 8 > o C g co , -o -0 f` "O •— (A r c o L--, o 'n V1s O C -0 C — C 1r 0- acim ca• 5 Q o a� v +� vim- (lT C co 'C 'N O CU D E LL -ciZ C � +°, : U Co . N N G a o DD vi • aa)) m > >. C a E. O -a ' v a c sa (A I. LL E > -� a (a • i Q N G 06 ca ca E c -as J� V o� � � Z • O co us E N a V (oj +�' in in cu o ') N o �O CS v 2 Co .0 U 2 N a) C. chis J o c _, CO E E >. a� L 7) o J Q Q.. y N 0 XI VI- C3 O4 W 00 CIA CD to = E `� ° I N Eoo LZ rVi UA 0 N tL N p Cl) or d fts —0) ) C • cd Ci -0 U 0 C — 0 d C .,_, m c o co F-(n 1- i-- u_ N Cs 9 2. Music, amplified sound, and delivery time standards. a. Music and amplified sound shall not be played in the fuel pump area between the hours of 10:00 p.m. and 7:00 a.m. b. Music and amplified sound in the fuel pump area shall not be audible from the residential property line. c. Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. when located between the neighboring residential property and the facility with fuel pumps. \dei il 9D Draft Ordinance Page 7 D (Fifth line down). "However, a facility with fuel pumps shall be exempt from LDC section 5.05.05 D when: (1) it is separated from residential property by a minimum of 100 feet of designated preserve area that is 80 percent opaque and at least 12 feet in height within one year, or a minimum 4-lane arterial or collector right- of-way; or (2) the fuel pump structures are separated from existing residential property by a minimum of 250 feet and the store structure is separated from existing residential property by a minimum of 200 feet. 9543802_1 133058.0001 -7/7/2015 1:16:06 PM 2 913 Florida Statutes 526.141 Self-service gasoline stations; attendants; regulations.— (1) This section authorizes the establishment of self-service gasoline stations. (2) A "self-service gasoline station" shall be that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed, approved dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant. (3) All self-service gasoline stations shall have at least one attendant on duty while the station is open to the public. The attendant's primary function shall be the proper administration, supervision, observation, and control of the dispensing of flammable and combustible liquids used as motor fuels while such liquids are actually being dispensed. It shall be the responsibility of the attendant to prevent the dispensing of flammable and combustible liquids used as motor fuels into portable containers unless such container bears a seal of approval of a nationally recognized testing agency; to control sources of ignition; and immediately to handle accidental spills and fire extinguishers if needed. The attendant on duty shall be mentally and physically capable of performing the functions and assuming the responsibility prescribed in this subsection. (4) (a) The "attendant control area" is that area reserved for the placing of the attendant, which shall be not more than 100 feet from the dispensing area and shall contain the fire- equipment and emergency controls. (b) The "dispensing area" is that area where the pumps used to dispense flammable and combustible liquids used as motor fuels are located. The dispensing area shall at all times be in clear view of the attendant, and the placing or allowing of any obstruction to vision between the dispensing area and the attendant control area shall be prohibited. The attendant shall at all times be able to communicate with persons in the dispensing area;. Emergency controls shall be installed at a location acceptable to the authority having jurisdiction, but controls shall not be more than 100 feet from dispensers. Operating instructions and warning signs shall be conspicuously posted in the dispensing area. (5) (a) Every full-service gasoline station offering self-service at a lesser cost shall require an attendant employed by the station to dispense gasoline from the self- service portion of the station to any motor vehicle properly displaying an exemption parking permit as provided in s. 316.1958 or s. 320.0848 or a license plate issued pursuant to s. 320.084, s. 320.0842, s. 320.0843, or s. 320.0845 when the person to whom such permit has been issued is the operator of the vehicle and such service is requested. Such stations shall prominently display a decal no larger than 8 square inches on the front of all self-service pumps clearly stating the requirements of this subsection and the penalties applicable to violations of this subsection. The Department of Agriculture and Consumer Services shall enforce this requirement. (b) 1. When inspecting a self-service gasoline station, the Department of Agriculture and Consumer Services shall confirm that a decal is affixed to each pump. The decal must be blue, at least 15 square inches, and clearly display the international symbol of accessibility shown in s. 320.0842, the telephone number of the station, and the words "Call for Assistance." The Department of Agriculture and Consumer Services shall adopt rules to implement and enforce this paragraph and shall confirm that the decals conform with this paragraph and are in place by July 1, 2016. 913 2. This paragraph does not bar a county or municipality from adopting an ordinance, or enforcing an existing ordinance, that expands the accessibility, safety, or availability of fueling assistance to a motor vehicle operator described in paragraph (a). (c) Violation of paragraph (a) is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (6) All self-service equipment used to dispense gasoline shall be approved by a nationally recognized testing agency for its intended use. (7) A refiner, terminal supplier, wholesaler, or retailer is not liable for damages resulting from the use of incompatible motor fuel dispensed at a retail site if: (a) The incompatible fuel meets the requirements and standards adopted under s. 525.14; (b) The incompatible fuel was selected by the purchaser; and (c) The retail dispenser that dispensed the incompatible fuel was properly labeled according to the labeling requirements adopted under s. 525.14. (8) The Chief Financial Officer, under her or his powers, duties, and functions as State Fire Marshal, shall adopt rules for the administration and enforcement of this section, except for subsection (5) which shall be administered and enforced by the Department of Agriculture and Consumer Services. History.—ss. 1, 2, 3, 4, 5, 6, ch. 74-162; s. 1, ch. 80-205; s. 1, ch. 85-323; s. 1, ch. 86- 117; s. 2, ch. 89-233; s. 24, ch. 90-330; s. 69, ch. 91-220; s. 719, ch. 97-103; s. 639, ch. 2003-261; s. 30, ch. 2013-251; s. 39, ch. 2014-216. 913 Florida Administrative Code 69A-49.004 Attendant on duty. (1)All self-service gasoline service stations shall have at least one attendant on duty and present on the premises of the station while the station is open to the public or at any time fuel is offered for sale to the public. The duties of the attendant are specified by subsection(3)of Section 526.141,F.S., and NFPA 30A, Section 9-4,the edition as adopted in Rule 69A-3.012,F.A.C. (2)"Open to the public"or"offered for sale to the public"in subsection(1)means and includes: (a)Offered for sale to the public at large,or (b) Offered for sale at a self-service dispensing area when such area is used by or for any club, group, association, or similar organization affiliated solely by membership in such club,group,association or similar organization. Rulemaking Authority 526.141(8), 633.104, 633.206(1)(b) FS. Law Implemented 526.141(8), 633.104, 633.206 FS. History—New 10-11-01, Formerly 4A-49.004. 913 2. Music, amplified sound, and delivery time standards. a. Music and amplified sound shall not be played in the fuel pump area between the hours of 10:00 p.m. and 7:00 a.m. b. Music and amplified sound in the fuel pump area shall not be audible from the residential property line. c. Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. when located between the neighboring residential property and the facility with fuel pumps. . , i. 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