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Agenda 12/19/2001 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 19, 2001 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 December 19, 2001 1. PLEDGE OF ALLEGIANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPCIFICALLY AMENDING THE FOLLOWING: ARTICLE II, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING THE ADOPTION OF THE IMMOKALEE NON-CONFORMING MOBILE HOME PARK OVERLAY DISTRICT, THE ADOPTION OF THE ACTIVITY CENTER # 9 OVERLAY DISTRICT, AND THE ADOPTION ON INTERIM DEVELOPMENT CONTROLS IN THE RESIDENTIAL (RT) DISTRICT LOCATED IN THE VANDERBILT BEACH AREA, AND AMENDMENTS TO THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT, IMMOKALEE OVERLAY DISTRICT, SANTA BARBARA COMMERCIAL OVERLAY DISTRICT AND BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.5. SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLANS; DIVISION 3.5, EXCAVATION; DIVISION 3.6, WELL CONSTRUCTION; DIVISION 3.14 VEHICLE ON THE BEACH REGULATIONS, DIVISION 3.15 ADEQUATE PUBLIC FACILITIES; DIVISION 3.16 GROUND WATER PROTECTION; ARTICLE 6. DEFINITIONS, DIVISION 6.3 DEFINITIONS, INCLUDING BUT NOT LIMITED TO THE DEFINITIONS FOR THE TERMS FRONT YARD, RIGHT- OF-WAY AND TRACT; REPLACING EXHIBIT B ENTITLED TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS WITH A REVISED EXHIBIT B; REPLACING EXHIBIT C ENTITLED FINAL SUBDIVISION PLAT REQUIRED CERTIFICATIONS WITH A REVISED EXHIBIT C; REPLACING EXHIBIT E ENTITLED ACCESS MANAGEMENT PLAN MAPS WITH REVISED MAPS; SECTION FOUR; READOPTION OF LAND DEVELOPMENT CODE AMENDMENTS, MORE SPECIFICALLY READOPTING THE FOLLOWING ARTICLE 2, ZONING DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS; AND DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; SECTION FIVE, ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION SIX, CONFLICT AND SEVERABILITY; SECTION SEVEN, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION EIGHT, EFFECTIVE DATE. 3. ADJOURN INCIUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADF TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 December 19, 2001 AGEHDATRANSMITTAL SLIP I )ate Submitted: December 6, 2001 ~and Minutes (5) Presentations (14) Advertised Public Hearings Staff and Commission General Coi~i~unications IAgenda Item Requested Agenda Date: December 19, 2001 [] (3) Proclamations [] (6) Public Petitions & Con-~ on General Topics [] (9) _Roe__rd of County Coi~nilasicners [ (12) county A'_'_~_~.ey's Report (15) Futura Agendas Reviewed by: (4) Service Awards (7) Board of Zoning Appeals [] (10) county Manager's Report (13) G'~'~- ConabTu~onal Ofl~mcers (16) Consent Agenda Tom Kuck, Interim Planning Director County Manager Date: Tomas W. Olliff AN ORDINANCE A~ -'NDING ORDINANCE NUMBER 91-102, AS AM,.NDED, THE COLLIER ~[d'JNl'~ L~, ~U DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPOF~TED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTiON 1HREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPClFICALLY AMENDING THE FOLLOWING: ARTICLE II, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMI'I-rED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING THE ADOPTION OF THE IMMOKALEE NON-CONFORMING MOBILE HOME PARK OVERLAY DISTRICT, THE ADOPTION OF THE ACTIVITY CENTER # 9 OVERLAY DISTRICT, AND THE ADOPTiON ON INTERIM DEVELOPMENT CONTROLS IN THE RESIDENTIAL (RT) DISTRICT LOCATED IN THE VANDERBILT BEACH AREA, AND ~,MENDMENTS TO THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT, IMMOKALEE OVERLAY DISTRICT, SANTA BARBARA COMMERCIAL OVERLAY DISTRICT AND BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.5. SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLANS; DIVISION 3.5, EXCAVATION; DIVISION 3.6, WELL CONSTRUCTION; DIVISION 3.14 VEHICLE ON THE BEACH REGULATIONS, DIVISION 3.15 ADEQUATE PUBLIC FACILITIES; DIVISION 3.16 GROUND WATER PROTECTION; ARTICLE 6. DEFINITIONS, DIVISION 6.3 DEFINITIONS, INCLUDING BUT NOT LIMITED TO THE DEFINITIONS FOR THE TERMS FRONT YARD, RIGHT-OF-WAY AND TRACT; REPLACING EXHIBIT B ENTITLED TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS WITH A REVISED EXHIBIT B; REPLACING EXHIBIT C ENTITLED FINAL SUBDIVISION PLAT REQUIRED CERTIFICATIONS WITH A REVISEr) EXHIBIT C; REPLACING EXHIBIT E ENTITLED ACCESS MANAGEMENT PLAN MAPS WITH REVISED MAPS; SECTION FOUR; READOPTION OF LAND OEVELOPMENT CODE AMENDMENTS, MORE SPECIFICALLY READOPTING THE FOLLOWING ARTICLE 2, ZONING DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS; AND DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; SECTION FIVE, ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION SIX, CONFLICT AND SEVERABILITY; SECTION SEVEN, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION EIGHT, EFFECTIVE DATE. List of Documents Attached: 1. Executive Summary (required) 3. Staff Reports/Recommendation 5. 2. Summary 4. EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPCIFICALLY AMENDING THE FOLLOWING: ARTICLE II, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING THE ADOPTION OF THE IMMOKALEE NON- CONFORMING MOBILE HOME PARK OVERLAY DISTRICT, THE ADOPTION OF THE ACTIVITY CENTER # 9 OVERLAY DISTRICT, AND THE ADOPTION ON INTERIM DEVELOPMENT CONTROLS IN THE RESIDENTIAL (RT) DISTRICT LOCATED IN THE VANDERBILT BEACH AREA, AND AMENDMENTS TO THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT, IMMOKALEE OVERLAY DISTRICT, SANTA BARBARA COMMERCIAL OVERLAY DISTRICT AND BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.5. SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLANS; DIVISION 3.5, EXCAVATION; DIVISION 3.6, WELL CONSTRUCTION; DIVISION 3.14 VEHICLE ON THE BEACH REGULATIONS, DIVISION 3.15 ADEQUATE PUBLIC FACILITIES; DIVISION 3.16 GROUND WATER PROTECTION; ARTICLE 6. DEFINITIONS, DIVISION 6.3 DEFINITIONS, INCLUDING BUT NOT LIMITED TO THE DEFINITIONS FOR THE TERMS FRONT YARD, RIGHT-OF-WAY AND TRACT; REPLACING EXHIBIT B ENTITLED TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS WITH A REVISED EXHIBIT B;' REPLACING EXHIBIT C ENTITLED FINAL SUBDIVISION PLAT REQUIRED CERTIFICATIONS WITH A REVISED EXHIBIT C; REPLACING EXHIBIT E ENTITLED ACCESS MANAGEMENT PLAN MAPS WITH REVISED MAPS; SECTION FOUR; READOPTION OF LAND DEVELOPMENT CODE AMENDMENTS, MORE SPECIFICALLY READOPTING THE FOLLOWING ARTICLE 2, ZONING DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS; AND DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; SECTION FIVE, ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION SIX, CONFLICT AND SEVERABILITY; SECTION SEVEN, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION EIGHT, EFFECTIVE DATE. OBJECTIVE: To amend provisions of the Collier County Land Development Code. CONSIDERATIONS: This is the first of two public hearings required by Statute for amending the Collier County Land Development Code. Each of the amendments was presented to, and reviewed by, the Development Services Advisory Committee, Collier County Planning Commission, and the Environmental Advisory Council where applicable. Recommendations are included in the summary description of the LDC amendments where an advisory body advocated revisions to the staff recommended changes. The Planning Commission held public hearings on November 14, 2001 and November 28, 2001. A summary of the review of these amendments by the Development Services Committee, Environmental Advisory Council and the Collier County Planning Commission is provided with this Executive Summary. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: All proposed amendments to the I_and Development Code are consistent with Policies, Objectives and Elements of the GMP. STAFF RECOMMENDATION: That the Board of County Commissioners hear and consider amendments as herein proposed to the Land Development Code at this first of two required public hearings. PREPARED BY: /SUSAN MURRAY, A CP CURRENT PLANNING MANAGER DATE REVIEWED BY: THOMAS E. KUCK, P.E. INTERIM DIRECTOR, PLANNING SERVICES DEPARTMENT DATE APPROVED BY: JO C£ iN M. DUNNUCK, III, INTERIM ADMINISTRATOR 4MUNITY DEV. AND ENVIRONMENTAL SVCS. DATE g/admin/LDC AMENDMENTS/RN/sp 0 o 0 0 > o t~ © > ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC2:13, LDC 2:19 LDC SECTION: 2.2.2. Rural agricultural district (A). CHANGE: Add Essential Services to permitted uses and conditional uses in Rural agricultural zoning REASON: FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.2.2.2.1. Permitted uses. 9. Essential services, as set forth in section 2.6.9.1. 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. 26. Essential services, as set forth in section 2.6.9.2. ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): 2:20, 2:22 LDC SECTION: 2.2.3. Estates district (E). CHANGE: Add Essential Services to permitted uses and conditional uses in Estates zoning REASON: Essential services as described in Section 2.6.9.1. and Section 2.6.9.2. are already allowed as a permitted use and as a conditional use, respectively, in Estates zoning. This amendment is for administrative convenience and does not change the current regulations. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.2.3.2.1. Permitted uses. 3. Essential services, as set forth in section 2.6.9.1. 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the Estates district (E), subject to the standards and procedures established in division 2.7.4: 8. Essential services, as set forth in section 2.6.9.2. ORIGIN: Community Development & Environmental Services Division AUTHOR: Susan Murray, AICP DEPARTMENT: Planning Services LDC SECTIONS: 2.2.12.4, 2.2.13.4, 2.2.14.4, 2.2.15.4, 2.2.15~a, 2.2.16.4, 2.2.16.4~a CHANGE: 1. Currently all set back standards are the same for commercial districts. This amendment does not change that requirement but rather changes the way set backs are measured so that they are not based on the distance to external walls irrespective of their relationship to grade (i.e. potential wedding cake application). While it may appear that changes will affect the setback in the C-l, C- 2, C-3 & C-5 district what in effect is occurring is that the requirement for 1/2 BH when the maximum building height is 35 feet does not substantially require a greater set back than the minimum already provided and removes the administrative burden of reviewing each application for a building permit for differences in building height up to the maximum of 35 feet. Staff's position is that the minimum set back will apply in the vast majority of cases in these zoning districts and by eliminating the variable of ¼ the height the chance for administrative mistake is eliminated. The principal change as stated is that in the application of ~ BH the measurement for the set back will be at grade to the nearest wall of a building. 2. This changes the maximum building height in the C-4 district to 75 feet from 100 feet. This reduction is based is based on the premise that any greater reduction will have the opportunity for legal challenge. The reduction will not create any significant amount of non-conformity as in our assessment only three buildings have been constructed above this height. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR ORDINANCES: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec.2.2.12.4.3 Minimum yard requirements. 1 Front yard 25 feet 2. Side yard. 15 feet ~e 3. Rear yard. 15 feet Sec. 2.2 13.4.3 Minimum yard requirements. 1. Front yard. 25 feet ..... ~n~,- ~o ~.alaae ~,lJ]t,l:~t~ ],n~;~ln~. ......... 2. Sideyard. 15 feet ~ ~r~c~ ~..:~:~ h~:~h. .......... ~ ~ 3. Rear yard 15 feet or ~-~ ~c ~c +k~ ~,,;~;_~ h~;~h+ .......... 4. Any yard abutting a residential parcel. A miffimm of~ 25 feet. Sec. 2.2.14.4.3 Minimum yard requirements.. 1. Front yard. 25 feet or one-half of the building height as measured · --'~' whichever is the greater. from grade eac~ ex* .... . 2. Side yard. One-half of the building height as measured from grade each exte~or ;;'all, with a minimum of 15 feet. 3. Rear yard· 15 feet or one-half of the height of the building as measured from grade.~.~..~nk ~...-...~*~'~ ...... .....," whichever is the greater. Sec. 2.2.15.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the height of the building as measured from grade eac~ ex,er~ ...... ", whichever is the greater. Structures 50 feet in height or greater shall maintain a minimum of a 25 foot front yard setback and shall be required to provide an additional one foot of setback for each foot of building height in excess of 50 feet. 2. Side yard. 15 feet or oOne-half of the building height as measured 3. Rear yard. 15 feet or one-half of the building height as measured from grade ................ 11, whichever is greater. Sec. 2.2.15.4.4 Maximum height. !99 75 feet. Sec. 2.2.15~a.4.3 Minimum yard requirements. 1. Front yard. 25 feet 2. Sideyard 15 feet O:'..e 3 Rearyard. 15 feet ORIGIN: Community Development & Environmental Services Division AUTHOR: Marjorie Student, Assist. County Attorney DEPARTMENT: County Attorney LDC PAGE(S): LDC2:234 LDC SECTION: 2.2.20.3.7 CHANGE: To amend section 2.2 20.3.7 for the purpose of re-adopting this section REASON: Re-adoption of this section is necessary because the CCPC did not vote on this amendment at a duly advertised public hearing. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 2.2.20.3.7 Dedication of public facilities and development of prescribed amenities. Public Facility Dedication. The board of county commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for-eem~ one or more such public facilities, the market value of the land set aside for such public facilities gae-pabl~ ~u.'Tc.:c, may ~a!! be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this 90 day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependant district of Collier County Government. Land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and condition on, the approval of the rezoning action. At no costs to the county, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and · u~ a .... ~ ........ ~ ept improvements, at ..........~. .......zxpense, exc as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 day appr-opm~ time frame noted above may result in a recommendation to the board of for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may in a violation of this Code pursuant to subsection 1.9.2. Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by Collier County Board of Commissioners at the development phase which has infi'astrucmre improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone. ORIGIN: TRANSPORTATION SERVICES DIVISION AUTHOR: Dawn Wolfe, Director DEPARTMENT: Transportation Planning LDC PAGE(S): LDC2.77, LDC2:79, LDC2:80, LDC2.114.1, LDC2.114.7, LDC2.124.6, LDC2.124.29, LDC2:148.1, LDC2.164, LDC2.184.3, LDC2.227, LDC2.228, LDC2.228.1, LDC2.242, LDC 2:245 LDC SECTION: 2.2.20.3.11, 2.2.20.3.13, 2.2.26.3.5, 2.2.28.4.3.1, 2.2.32.3.6, 2.3.4.5, 2.5.5.1.1, 2.6.3.8, 2.6.38.3, 2.6.38.4.1, 2.6.38.4.3, 2.6.38.4.4, 2.6.38.5, 2.7.3.3, 2.7.3.5.6. CHANGES: All of the above noted sections deal with amendments to Article 2, Zoning, and are related to revisions to access geometry to meet best transportation planning objectives and to require access to property to be consistent with Collier County's access management policy. REASON: Transportation planning staff are of the opinion that current regulations do not adequately provide for access management to the public highway system and to that extent have advised of changes to the zoning provisions of the LDC that would accomplish the objectives intended by Collier County's access management policy. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: See above sections that deal with the issue of access to public streets. GROWTH MANAGEMENT IMPACT: None Amend the LDC as follows: Sec. 2.2.20.3.11. Streets, drives, parking and service areas. Streets, drives, parking and service areas shall provide safe and convenient access to dwelling units and project faciliti.es, and for service and emergency vehicles and shall be otherwise consistent with the Collier County Functional Classification and Future Roadway plan.q as may ....v:~* .... o...~.." r,~v.,,v.,o, ...... ..,,. ~..,...r'~" s. Streets shall be laid out and ,,.^- constructed so as not to require excessive cuts or fills or to interfere with desirable drainage in or adjacent to the district. Sec.2.2.20.3.13. Special requirements for industrial planned unit developments. Industrial PUDs are intended to implement the industrial under criteria subdistrict as provided for in the urban designated areas on the future land use map. The boundaries of the proposed PUD must be transitional, therefore, requiring uses along the perimeter to be compatible with nonindustrial uses. The project must have direct access to an arterial, or collector level street or higher designation roadway, with an internal circulation system that prohibits industrial traffic from traveling through predominately residential areas. Sec. 2.2.26.3.5. Access. Access to projects shall be provided exclusively via Golden Gate Parkway and shall be limited to one per 450 feet commencing at the centerline of Santa Barbara Boulevard but shall nonetheless comply with the Access Control Policy (Res. 01-247) in place at the time of development. Sec. 2.2.28.4.3.1. Access points for future commercial development shall be limited to a maximum one per 150 feet of street frontage. Properties with less than the required street frontage, shall be encouraged, and may be required as a condition of site development plan approval, to utilize shared access points with adjoining commercial properties. Sec. 2.2.32.3.6. Access. Access via a rear property fight-of-way shall be required if available in lieu of direct access to Santa Barbara Boulevard. ,*,cee:a :ha!! be !imitzd te ~:~' ...... ;~' Abutting projects shall be required a~e-em~waged to share access. Sec. 2.3.4.5. Access. Be arranged for convenient and safe access of pedestrians and vehicles, and shall be off a local street and consistent with the Access Control Policy (Res. 01-247) in place at the time. Sec. 2.5.5.1.1. Minimum setback. All signs within residential zoned districts and as applicable to residentially designated portions of PUD zoned properties shall not be located closer than ten feet from the property line, unless otherwise noted below or as provided for in section 2.1.13 as determined by the county for safety and operation. Sec. 2.6.38.1 Purpose and intent. This section pertains to transportation access within mixed-usc activity centers as designated on the Future Land Usc Map of thc Growth ~,~ ~ ,'~ana-emen° Plan-.--^-- ............. , _, .... ;~,.. ,- ..... ~. _;v..~ ...... ....... · ---* .... ac.'..:': elm::'. The location and type or--access ( existing and future ) points (new :-~::,:~ e~::: ) shall be is based upon the Collier County Access M-a,aagfne~ Control Policy 9g-44g-)(Res. 01-247) as may be amended, existing and future land use conditions, and with the objective o~ to minimize :r.'.':-.'.'.-rJzing the number of access points to the roadway the location and type of ingress and egress points and median openings; restricts the location of traffic signals; identifies areas appropriate for shared access and interconnection; and otherwise regulates transportation access- all within mixed-use activity centers. Access to all properties r^' '~n'~ _.:,k:_ ~ _:~ ...... ,:..:, ..... __ . ................................ : .... t,,. is controlled by the Access M-s~,~ge,a~ Control Policy ( Resolution No. ¢2--443 01-247, and as may be amended ), the Collier County Construction Standards, for work within fights-of-way ( Ordinance 93-64 and as may be amended ), and any other applicable regulations. Sec. 2.6.38.4.1. Future development orders within mixed-use activity centers can only be approved if access location(s) and type(s) comply with Xhc,:e, '~:~'~ ^- '~' ....... Access Control Policy and the Collier county Construction Standards for work within the right-of-way and any other regulations as may be amended. Sec. 2.6.38.4.3. During development or redevelopment of commercial lots, shared access or interconnection shall be encouraged and may be required as a condition of site development plan approval. Sec. 2.7.3.3. Effect of planned unit development zoning. If approved by the county board of commissioners, the master plan for development and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the zoning code and shall become the standards for development for the subject PUD. Thenceforth, the development in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and the PUD master plan for said PUD district, except that approval and adoption of a PUD ordinance or PUD master plan does not act to authorize or vest the location, desi~: capaci _ty, or routing of traffic for any access point depicted on, or described in, such ordinance or plan. 2.7.3.5.6. Minor changes not otherwise provided.for. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during, the subdivision or site development plan review processes. The d~d~m~m4 planning services director shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this Code and the growth management plan. Such changes shall include: Internal realignment of right-of-ways, other-than including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. ORIGIN: Community Development & Environmental Services Division AUTHOR: Susan Murray, AICP DEPARTMENT: Planning Services LDC PAGE(S): LDC2:115 and LDC2:121 LDC SECTION: 2.2.28.8.9.1 CHANGE: To amend section, section 2.2.28.8.9.1 for the purposes of amending the front and rear yard set back requirement for the Immokalee Overlay Subdisrticts. REASON: Revisions to section 2.2.28.9.1 have to do with development standards and are attributable to recommendations by long range planning staff based on their professional judgment that these revisions are better than those currently being used. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Sec. 2.2.28.8.9.1 Yard requirements. Maximum yard requirements. 1. Front yard. 8e~en-or T_ten feet except in the event of an awning, arcade or colonnade which may extend up to seven (7) feet into the required yard. 2. Side yard. Zero in the event a wall is contiguous to another wall on an adjacent property, otherwise ten feet. Minimum yard requirements 1. Rear yard. Zero-or F_five feet ORIGIN: Community Development and Environmental Services AUTHOR: Susan Murray, AICP DEPARTMENT: Planning Services LDC PAGE(S): LDC 2:123 LDC SECTION: 2.2.29 CHANGE: To add provisions to Reserved Section 2.2.29 for the purposes of providing regulation dealing with nonconforming mobile home parks/development within the Immokalee Urban Area which the requirement to submit a Site Improvement Plan causing certain improvement is required. REASON: It is common knowledge that in the Immokalee area numerous mobile home parks or facsimiles thereof were established without official authorization which if immediately were corrected would impose an inordinate burden on households in the Immokalee area. Consequently a plan of action has been designed to require these developments to come into some measure of official approval, provide for the gradual elimination of substandard housing and to cause some measure of improvements near consistent with current standards. The Board of County Commissioners, by policy, adopted the procedures and rules now being proposed for official inclusion in the Land Development Code. FISCAL AND OPERATION IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None AMEND LDC AS FOLLOWS: Section 2.2.29 Non Conforming Mobile Home Park Overlay Subdistrict: Special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 90-102, on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the Land Development Code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. Section 2.2.29.1 Purpose and Intent: The purpose of these provisions are to both recognize that there are nonconforming mobile home parks in the Immokalee Urban Area and to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of legal mobile home parks. Section 2.2.29.2 Required Site Improvement Plan Application: All nonconforming mobile home developments/parks that predate Ordinance No. 90-102 Land Development Code, shall be required to submit a Site Improvement Plan within six (6) months of adoption of this amendment. The Site Improvement Plan (SIP) Master Plan shall illustrate the way existing buildings are laid out and the infi'astructure (i.e. utilities, streets, drainage, landscaping, parking and the like) to serve those buildings. The number and location of buildings are reviewed for consistency with code requirements (i.e. set backs, space between buildings, density, and the like). Similarly, the SIP serves to obtain approval of required infi'astructure improvements such as those mentioned. The approved SIP showing all of the above becomes the official record acknowledging the legal use of the property. Failure to initiate this process will result in a Code Violation in which the property owner will be required to immediately remove all mobile homes which have not received a building permit and all mobile homes deemed to be unsafe and unfit for human habitation, and otherwise contrary to the County's Housing Code. Section 2.2.29 3. Pre-application Meeting Requirements: Prior to making an application to submit an SIP, the property owner and/or agent is required to have a pre-application meeting with Collier County review staff. Coordinating this process will be the responsibility of the assigned planner who will establish a date for the meeting and will advise other review staff to attend the meeting. The owner of the property_ or agent representing the owner shall bring to the pm-application meeting a survey plot plan showing the location of all buildings and structures, and preferably a draR copy of the proposed new layout of buildings and infrastructure improvements. The applicant shall consult with thc Immokalce Fire Department and Sewer and Water District prior to attending a pre-application meeting. Within 90 days of the pre-application meeting the owner/agent shall submit the SIP application and supporting documents. Failure to submit a formal SIP shall be cause to issue a citation to the property owner leading to a requirement to remove all buildings and structures as provided above. Section 2.2.19.4 SIP o Submission Requirements, Preparation Standards and Notes An application for an SIP on a form prepared by Collier County shall be signed by the owner or in the event of an agent by the agent, in the form of an affidavit as indicated on the application form. A survey plan showing all buildings and structures, their uses and the actual size of the structures. A Site Improvement Plan showing the proposed location of all buildings, and all required infrastructure, drawn to scale on a 24" x 36" sheet{s) illustrating the following information: i. Park name, address and phone no. of agent preparing the plan and address and phone number of the property owner. ii. Folio number(s) of property and total site area. iii. Zoning designation and land use on subject and adjacent property. iv. North arrow, scale and date. v. Landscaping, proposed and existing. vi. Parking spaces. vii. Set backs and space between building measurements. viii. Location and arrangement of ingress/egress points. ix. Type of surface of all access roadways leading to the park and within the park. Section 2.2.29.5 xi. xii. xiii. Location of all structures in the park (units, office, accessory building, etc.) Location of dumpster or trash container enclosure. Location and height of walls and/or fences. Where applicable dimensions of lots, width of internal street and design cross-section of street and drainage improvements. Plans do not have to be signed and sealed by a professional engineer, however, plans need to be prepared by a person having knowledge of drafting skills and basic engineering construction standards which may include a paraprofessional associated with a professional engineering, architectural, landscape architectural or licensed contractor. Prior to approval of the SIP the County Building Inspector will identify all mobile homes not meeting minimum Housing Code standards and minimum floor area requirement for mobile homes as defined in this Code. Those mobile home units that cannot be rehabilitated shall be removed and reflected on the SIP within a time frame established by the planning services director but in no event less than twelve (12) months of the approval of the SIP. o Mobile home units meeting the housing Code and as defined in this Code may replace the units removed, provided these units do not exceed the maximum allowed on the original SIP. The number of units approved on the SIP will be allowed to remain, except as otherwise provided for substandard units, so long as the requirements of the approved SIP are implemented and a building permit has been obtained for each unit. A right-of-way permit shall be required. This permit shall be obtained prior to approval of the SIP, and a copy of same submitted to the planning coordinator. Improvement Standards: 1. Roads and Drainage Private roads leading to and serving the park or mobile home lots must be improved and maintained, and shall consist of a dust free surface with a minimum width of 20 feet. The dust free surface may consist of aggregate material treated with some oil based material that will bind the aggregate material into a form of macadam road finish. A drainage ditch capable of storing the first one inch of rainfall shall be incorporated into the fight-of-way design cross section exclusive of the required 20 feet. Drainage shall be directed to a public road via the private road and/or easement conveyance. 2. Landscaping: Landscape improvements shall be shown on the SIP either separately or collectively on the same sheet as the site plan. The plan shall be prepared by a landscape architect, landscape designer or landscape contractor or paraprofessionals in those offices having knowledge of Florida Plant material and planting requirements. Landscape plans do not need to be signed and sealed when prepared by a licensed landscape architect. b. Landscaping shall consist of the following: A 10-foot wide landscape buffer, with one single hedgerow and trees spaced 30 feet on center along property line abutting ROW. ii. Trees spaced 50 feet on center along internal boundary_ line. Ill. Permitted trees include live oak, sycamore, red maple, and sweet gum. For trees under power lines, simpson stopper, magnolia, east Palatka holly, and dahoon holly. iv. Fixed irrigation which shall include two irrigation bubblers per tree. 3. Fire Protection Standards: Where a public water line is available, a hydrant will be required to serve the park. Should water line pressure be inadequate, arrangements shall be made to seek approval of the Immokalee Fire Department to confirm that supplemental fire apparatus is adequate for fire protection. 4. Trash disposal: A dumpster or enclosure for individual containers is required in accordance with Section 2.6.15 of this Code. No dumpster shall be located closer than 15 feet from any public street. 5. Dimensional Standards: ao co Mobile Home zoning districts set-backs as follows. Interior roads: ii. iii. Front yard - 10 feet Side yard 5 feet Rear yard - 8 feet ClUster/no lot lines- min. space between structures- 10 feet. Village Residential district set-backs as follows: Interior roads: iii. iv. Front yard - 20 feet Side yard - 5 feet Rear yard - 20 feet Cluster/no lot lines-min, space between structures-10 feet. From all public road frontages Minimum set back- 20 feet Minimum floor area (replacement units)- 480 square feet. Minimum lot area: i. 2400 square feet (single wide units) ii. 3500 square feet (double wide units) Minimum lot width: i. 35 feet (single wide units) ii. 50 feet (double wide units) 6. Implementation Time Frame The Site Improvement Plan shall be implemented and building permits for each unit obtained within twelve (12) months of the approval of the SIP, otherwise the Code Enforcement Notice of Violation action will proceed to resolution except as otherwise provided under section 2.2.19.4.5 for the removal of substandard units. ORIGIN: Community Development & Environmental AUTHOR: Susan Murray, AICP DEPARTMENT: Planning Services LDC PAGE(S):LDC2.124.5 LDC SECTION: 2.2.32.3.2 CHANGE: Amend section to delete item e automobile parking (7521) REASON: It has been determined that this SIC code permits tow-in parking lots and that said permissiveness is not appropriate for this zoning district. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGUALTIONS: None GROWTH MANAGEMENT PLAN IMPACTS: None Amend LDC as follows: Sec. 2.2.32.3.2 item e ^"~^~-:~ ORIGIN: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AUTHOR: Marlene Foord & Aaron Blair DEPARTMENT: Planning Services LDC PAGE (S): LDC 2:124.15 LDC SECTIONB: Section 2.2.33.16 CHANGE: To amend section 2.2.33.16 Signs by adding #8 the purpose for which is to add the permission of a pole sign for properties that are located in the Waterfi'ont Subdistrict (W) and are located adjacent to the Haldeman Creek Bridge subject to certain criteria and standards. REASON: On November 13, 2001, the Community Redevelopment Agency (CRA) directed staff to initiate these amendments to the Bayshore Drive Mixed Use Zoning Overlay to further promote redevelopment in the area. The CRA direction is the result of a recommendation from the Bayshore/Gateway Local Redevelopment Advisory Board and Comprehensive planning staff based on the understanding that properties that are adjacent to the south side of Haldeman Creek Bridge are negatively affected by the prohibition of a free standing sign because those properties sit much lower than the bridge. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend LDC as follows: Sec.2.2.33.16 Signs. Division 2.5 shall apply, unless specified below: 8. Properties that are located in the Waterfront Subdistrict (W) and are located adjacent to the Haldeman Creek Bridge are allowed one I~ole sign not to exceed 65 square feet in area. A. Pole signs shall not be internally lit B. Pole signs shall be architecturally building in which it serves. consistent with the ORIGIN: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AUTHOR: Marlene Foord & Aaron Blair DEPARTMENT: Planning Services LDC PAGE(S): LDC 2: 124.18; LDC 2:124.24 LDC SECTION: Section 2.2.33.22; Section 2.2.33.23 CHANGE: To amend section 2.2.33.22 (R1 Subdistrict) by adding subsection 2.2.33.22.3 and renumbering section 2.2.23.22.3 to .4 as well as the rest of the section through. 14 the purpose for which is to add as conditional use a "bed and breakfast" lodging facility subject to certain criteria and standards. To amend section 2.2.33.23 (R2 Subdistrict) by adding subsection 2.2.33.23.1 and renumbering section 2.2.23.23.1 to .2 the purpose for which is to add as conditional use a "bed and breakfast" lodging facility subject to certain criteria and standards and to replace BMUD Map 1. REASON: On November 13, 2001, the Community Redevelopment Agency (CRA) directed staff to initiate these amendments to the Bayshore Drive Mixed Use Zoning Overlay to further promote redevelopment in the area. The CRA direction is the result of a recommendation fi.om the Bayshore/Gateway Local Redevelopment Advisory Board and Comprehensive planning staff. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend LDC as follows: Sec.2.2.33.22.3 Conditional uses. The following uses are permitted as conditional uses in this sub-section for lots that are adjacent to the waterfront. 1.Bed and Breakfast lodging facility subiect to the following requirements; a. Is subject to the provisions of Division 3.3 Site Development Plans. b. Minimum number of guest rooms or suites is two with a maximum of six. Occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms used for rental purposes shall be 100 square feet. c. No cooking facilities shall be allowed in guest rooms. d. Separate toilet facilities for the exclusive use of guests must be provided. At least one bathroom for each two guestrooms shall be provided. e. All automobile parking shall be provided on site based on a minimum of two spaces plus one space for each two bedrooms. All other applicable provisions of this Code relative to parking shall apply. f. A bed and breakfast lodging facility shall be allowed a sign containing a maximum sign area of four square feet containing only the name of the proprietor or name of the residence. Letters shall be limited to two inches in height and shall not be illuminated. g. All bed and breakfast lodging facilities must have an on-site manager h. The facility shall comply with all business license, certifications, and health laws of Collier County and the State of Florida. i. All other applicable County regulations shall apply. Sec.2.2.33.23.2 Conditional uses. The following uses are permitted as conditional uses in this sub-section. 1.Bed and Breakfast lodging facility subject to the following requirements; a. Is subject to the provisions of Division 3.3 Site Development Plans. b. Minimum number of guest rooms or suites is two with a maximum of six. Occupancy is limited to a maximum stay of 30 days. The minimum size of bedrooms used for rental purposes shall be 100 square feet. c. No cooking facilities shall be allowed in guest rooms. d. Separate toilet facilities for the exclusive use of guests must be provided. At least one bathroom for each two guestrooms shall be provided. e. All automobile parking shall be provided on site based on a minimum of two spaces plus one space for each two bedrooms. All other applicable provisions of this Code relative to parking shall apply. f. A bed and breakfast lodging facility shall be allowed a sign containing a maximum sign area_ of four square feet containing only the name of the proprietor or name of the residence. Letters shall be limited to two inches in height and shall not be illuminated. g. All bed and breakfast lodging facilities must have an on-site manager h. The facility shall comply with all business license, certifications, and health laws of Collier County and the State of Florida. i. All other applicable County regulations shall apply. BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT INSERT BMUD MAP 1 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT i ORIGIN: Community Development and Environmental Services AUTHOR: Carolina Valera, Senior Planner Nancy Siemion, ASLA, Landscape Architect DEPARTMENT: Planning Services LDC PAGE: LDC2:124.26 LDC SECTION: 2.2.35 CHANGE: To amend the LDC by instituting Section 2.2.35 for the purpose of establishing Activity Center #9 Zoning Overlay District and incorporate building and project design standards into this overlay district REASON: The Collier County Growth Management Plan, Future Land Use Element requires certain amendments to the Land Development Code for the purpose of establishing Interchange Master Plans. Activity Center # 9 is one of those requiring adoption of an Interchange Master Plan. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend the LDC as follows: Sec. 2.2.35 Activit~ Center #9 Zoning Overlay District: special conditions for the properties and fights-of-ways located within the Activity Center #9 as identified in the Collier County Mixed Use and Interchange Activity Center map. Sec. 2.2.35.1.Purpose and intent: the purpose of this designation is to create an enhanced entryway into the Naples Urban area thru appropriate, unified design elements and standards that warrants the presence of an attractive, positive image as outlined in the Vision Statement of the Activity Center g9 Interchange Master Plan. Sec. 2.2.35.2,4pplicabilit~. These regulations apply ..... ~the follo~ng prope~ies ~in ActiviW Center g9 ~ identified in the Interch~ge M~ter PI~ L~d Use Map: 1) Non-residential land uses abutting any pubic street. 2) Commercial zoning districts including non-residential components of PUD [ districts. Sec. 2.2.35.3. Building and Pro/ect Design Standards. All buildings and projects within Activity Center #9 shall be developed or redeveloped in accordance with one or more of the design themes defined in the Activi _ty Center #9 Interchange Master Plan. The design themes shall be incorporated into architecture, landscape, signage, gateway features and roadway lighting. See. 2.2.35.4. All buildings shall meet the requirements set forth in Division 2.8., Architectural and Site Design Standards for-Commemial and Industrial Buildings and Projects, of this Code, except as noted below. Sec.2.2.35.4.1. ~trchitectural style. Buildings within the Activity Center #9 shall be limited to three complementary character themes, Everglades, Rural and Old Florida, as stated in the Vision Statement of the Activity Center #9 Interchange Master Plan. Sec.2.2.35.4.2. General Requirements. In addition to the requirements of Division 2.8, buildings shall have features that characterize the area's character themes. These elements include: 1) Primary facades treatment. All primary facades of a building shall feature a minimum of one of the following design elements listed below: a) Porch b) Portico c) Elevated first floor or elevated entry. d) Any other treatment which, in the opinion of the planning services director, characterizes the character themes of this overlay. 2) Roof treatment: a) Roofs shall have a minimum of 4/12 slope. Roof material shall be tile or metal. b) Roof overhangs shall be deep, no less than three feet beyond the supporting walls. c) Roof details: to create articulation, roofs shall include a minimum of one of the following architectural elements: i) Clearstory window. ii) Cupola. iii) Donner. iv) Any other treatment which, in the opinion of the planning services director, characterizes the character themes of this overlay. Sec.2.2.35.4.3. Landscaping and buffering. As required in division 2.4., Landscaping and Buffering, of this code, except as noted below. In addition to the requirements set forth in division 2.4., the requirements for Landscaping under division 2.8.3.7. shall apply for all zonings, regardless of the gross building area. Landscape buffers adjacent to road rights of way. In addition to the requirements of a _type D buffer, the following requirements shall apply: 1) Landscape buffers adjacent to Collier Boulex3ard, S.R. 84. (Davis Boulevard and Beck Boulevard) and/~4e,,vab~-within 400 linear feet of 1-75 right of way line: a. Shall measure a minimum of 25 feet in width. b. The required number of trees shall be supplemented by an additional palm tree planting in the amount of 25%. c. Undulating beds of ornamental grasses and ~ or ground cover beds shall be incorporated for at least 30% of the required buffer strip area. d. All required trees shall be a minimum of 12 feet in height. e. Where Industrial land uses abut 1-75, those uses shall be developed 2) 3) with an 8 tbot height unified, opaque, modular concrete fence/wall. Landscape buffers shall be placed along the street side of said fence/wall. Landscape buffers adjacent to all other public streets: a. Shall measure a minimum of 15 feet in width. b. Undulating beds of ornamental grasses and / .v,r ground cover beds shall be incorporated for a least 25% of the required buffer strip area. c. All required trees shall be a minimum of 12 feet in height. Landscape buffers, directional signage and lighting fixtures in residential areas shall feature a unified design at point of ingress/egress. See.2.2.35.4.4. Lighting and Directional Signage. Light fixtures and directional signage within the Activity Center g9 shall be designed to complement the architectural themes of this overlay. Lighting shall also be subject to the requirements under section 2.8.3.2. regardless of the gross building area. ACTIVITY CENTERS ORIGIN: COUNTY ATTORNEY AUTHOR: MARJORIE STUDENT, ASSISTANT COUNTY ATTORNEY DEPARTMENT: COUNTY ATTORNEY LDC PAGE(S): LDC2:124.26 LDC SECTION: 2.2.36 (NEW) CHANGE: To amend the LDC by the addition of a new section 2.2.36 for the purpose of establishing a moratorium on development in the RT Residential Tourist zoning district along Gulf shore Drive. REASON: A portion of the Vanderbiit Beach area along Gulf Shore Drive was subdivided in the early 1950's. The residential tourist district was established in this area in County zoning ordinances dating back to the 1963. The area was developed with single family residences and smaller scale multi-family uses. The area is located on a narrow peninsula lying between the Gulf of Mexico and the Vanderbilt Lagoon. It is served by Gulf Shore Drive a two lane thoroughfare. Over time the area has been developed and redeveloped with multi-family high rise structures and resort hotels. Due to the traffic generated by these uses, the need to protect view corridors of the Gulf and the Lagoon, the need to prevent further canyonization of the area by the imposition of additional high rise structure on such a narrow street, an assessment is necessary to consider and adopt new development regulations to guide redevelopment in the area. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACTS: None Amend the LDC as follows: Section2.2.35. Declaration of moratorium for the Vanderbilt Beach 2.2.35.1. 2.2.35.2. 2.2.35.3. residential toudst (RT) zonin.q distdct area assessment. Duration. For a period not to exceed one (1) year from the date of the adoption of this amendment to the land development code, the issuance of any development orders for certain land uses as set forth in subsection 2.2.35.3. of this code is prohibited. Geographic scope of the Vanderbilt Beach residential tourist zoning district area assessmenL The ,qeo,qraphic scope of the assessment area shall be as follows: All lands desi.qnated residential toudst (RT) in the Vanderbilt Beach area. Prohibited uses. The issuance of any development order that would permit the followin.q uses is hereby prohibited for a maximum one-year period while the Vanderbilt Beach residential toudst zoninq district area assessment is bein,q conducted. 1. Permitted uses Hotels and motels. Multi-family dwellin.qs. Family care facilities. Timeshare facilities. Townhouses. o Uses accessory to permitted uses. a. Uses and structures that are accessory and incidental to the uses permitted as of d.qht in the RT district. Shops, personal service establishments, eatin.q or ddnkinq establishments, dancinR and stared entertainment facilities, and meetin.q rooms and auditoriums where such uses are an inte.qral part of a hotel or motel and to be used by the patrons of the hotel/motel. Pdvate docks and boathouses. Recreational facilities that serve as an inteRral part of the permitted use desi.qnated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to, Roll course, clubhouse, community center building and tennis facilities, parks, Dlav(3munds and playfields. Conditional Uses: a. Churches and other places of worship. b. Madnas. c. Noncommercial boat launchinq facilities. d. Group care facilities (cateRory I and II); care units; nursinR homes; assisted livinR facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuin,q cam retirement communities pursuant to § 651.F.S. and ch. 4- 193 F.A.C. e. Pdvate Clubs. f. Yacht Clubs. g. Permitted uses not to exceed 125 feet in height. Variances for any of the uses listed above or any existin,q use in the Vanderbilt Beach residential tourist zonin,q district. 2.2.35.4. Exemptions. Residential and other uses in the Vanderbilt Beach residential toudst (RT) zonin,q distdct assessment area for which completed applications for rezoninRs, conditional uses, variances, subdivision approvals, site plan approvals, plats, or buildin.q permits were filed with or approved by Collier County prior to the effective date of this amendment shall be exempt from this moratorium. The restrictions on uses in the study area dudn.q the assessment shall not affected or limit the continuation of existing uses. ExistinR uses shall also include those uses for which all required permits have been issued. 2.2.35.5 Map. The followinq map depicts the Vanderbilt Beach residential tourist zonin.q distdct assessment area subject to this moratorium. 3CALE: ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur & Fred Reischl DEPARTMENT: Planning Services LDC PAGE(S): LDC2:124.29 LDC SECTION: 2.3.4.11 Locational requirements. CHANGE: Close a loophole, which allows excess parking on adjacent lots without a Parking Exemption. REASON: If a business wishes to expand and needs to construct additional required parking across a street, it must obtain a Parking Exemption. However, a business can construct excess parking across a street without a Parking Exemption petition. Then it can expand the business becaUse it has the required parking. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.3.4.11 Locational requirements. 1. All ~ off-street parking facilities shall be located on the same lot they serve, on a contiguous lot under the same ownership that is zoned for use as a parking lot, or shall be approved under the provisions of section 2.3.4.11.2., below. ORIGIN: Community Development $ Environmental Services Division AUTHOR: Start Chrzanowski, P.E. DEPARTMENT: Engineering Review Services LDC PAGE: LDC 2: 124. 32 LDC SECTION: 2.3.4.12.2 CHANGE: To amend section 2.3.4.12.2 to provide a dimensional standard for parallel parking. REASON: Section 2.3.4.12.2 does not prOvide a dimensional standard for parallel parking which requires more space than is otherwise afforded by the standard parking space of 9 feet by 18 feet. Automobiles must be able to move forward and backward when exiting a parallel parking space. Recommended dimensional standards advise that parallel parking be 9 feet by 23 feet in dimension. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT IMPACTS: None Amend the LDC as follows: Sec. 2.3.4.12.2 Minimum space size. Each parking space shall be a minimum of nine feet by 18 feet in size or 16 feet in depth measured from the aisle width to the face of the wheel stop except in the case of parallel parking where the dimension of the space shall be 9 feet by 23 feet for spaces running parallel to the driveway which affords access to said spaces. As an alternative 9 feet by 18 feet spaces may be used in which case there must be a 6 foot marked clear zone space in front of or in back of every space. See exhibit "A" for typical off-street parking design. All spaces for the exclusive use of compact vehicles indicated on an approved site development plan, and any subsequent amendments thereto, shall be counted as standard parking spaces. D°C TYPICAL OFF-STREET PARKING DESIGN DIVISION 2.3 COLLIER COUNTY DEVELOPMENT SERVICES DEPARTMENT 19 JAN 96 [ N.T.S. EXHIBIT A ORIGIN: Community Development & Environmental Services Division AUTHOR: Ron Nino, Principal Planner DEPARTMENT: Planning Services LDC PAGE(S): LDC2:124.33 LDC SECTION: 2.3.5 CHANGE: To introduce a new subsection to the parking division 2.3 at reserved subsection 2.3.5 for the purposes of regulating the amount of space and locations which can be used for automobile parking in residential areas. REASON: It has become apparent that single-family areas in particular but not exclusively have too large an area of the front yard utilized for automobiles. Members of the County Board of County Commissioners have expressed a concern that the degree to which parking is allowed to overpower the view of residential properties should be restricted because this has a negative effect on the quality of residential areas. Other communities in S.W. Florida have also identified this perception and are in the process of developing regulations to control the extent to which residential properties may be used for automobiles. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 2.3.5. Automobile parking in conjunction with residential structures. All automobile parking or storage of automobiles in connection with residential structures .qhali occur on specifically designed impervious surfaces of the lot upon which the residential structure is located. The parking and/or storage of automobiles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: Single family dwelling units--Unless otherwise parked or stored in an enclosed structure the parking or storing of automobiles in connection with dwelling units shall be limited to pervious or imperviously treated surface areas of the lot specifically designed for the parking of automobiles which may not comprise an area greater than forty (40) percent of any required front yard, which nonetheless may not serve to limit a driveway to a width less than twenty (20) feet. All parked automobile vehicles shall only utilize the designated pervious or impervious surface areas. 2. Two family dwelling units-Unless otherwise parked or stored in an enclosed structure the parking or storing of automobiles in connection with a two family structure shall be limited to pervious or imperviously treated areas of the lot which may not comprise an area greater than 50 % of any required front yard, except that this shall not serve to limit a driveway width to less than 20 feet, and a driveway may be provided on each side of the two family structure. 3. Multiple family (i.e. 3 or more dwelling units) .... Unless otherwise parked or stored in an enclosed structure the parking or storing of automobiles in connection with occupants of the dwelling units shall be limited t6 pervious or imperviously treated surface areas of the lot designated for the parking and storing of automobiles. Pervious or impervioulsy treated surface areas designated for the parking of automobiles shall not exceed a ratio of 2.5 automobiles per dwelling unit in the event all parking spaces are not located within an enclosed structure or any combination of open air and enclosed structure. 4. Where multiple family structures consist of single family attached (i.e. row houses) dwelling units each with its own driveway to a common accessway, public or private street, all parking shall be limited to the driveway and or garage combination. 5. Automobiles parked and/or stored in connection with residential dwelling units as described above shall be owned by occupants of the dwelling units unless the vehicle is owned by a firm, corporation or entity for which the dwelling unit occupant is employed. This shall not be construed to apply to automobile vehicles owned by persons or business firms visiting the site for social or business purposes. 6. No other portion of the front yard may be used to park or store automobiles including that portion of the right-of-way not directly a pan of the designated driveway or designated parking areas. ORIGIN: AUTHOR: DEPARTMENT: LDC SECTION: LDC PAGE: CHANGES: Community Development & Environmental Services Susan Murray, AICP, Current Planning Manager Planning Services 2.6.11.4. LDC 2:186.2 To amend Section 2.6.11 Fences to provide a new subsection to deal with those occurrences where non-residential development (commercial, industrial or institutional uses including churches) are located contiguous to residentially zoned property or opposite a residentially zoned property on a local street. New Section 2.6.11.4.2 Walls and Fences Required Contiguous or Opposite Residentially Zoned Districts. REASON: To protect the residential integrity of residential areas by requiring walls and fences to be erected prior to non-residential building construction on adjacent or opposite properties. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Division 2.4 and 2.8. Section 2.6.11.4.2. Walls and Fences Required Contiguous or Opposite Residentially Zoned Districts Whenever a non-residential development lies contiguous or opposite a residentially zoned district, development plans for said non-residential development shall include a masonry wall or prefabricated concrete wall/fence. If located on a contiguous property, the wall/fence shall be a minimum of six feet and a maximum of eight feet in height and shall be located a minimum of six feet from the residentially zoned district. If on a property opposite a residentially zoned district but fronting on a local street, the wall/fence shall be located a minimum of three feet from the rear of the right-of-way landscape buffer line and shall be a maximum of four feet high. However, at the applicants request, the planning services director may determine that a masonry_ wall/fence is not warranted, particularly where the local street lies contiguous to the back side of residences or some other physical space separation is in place between the residential development and the non-residential development, or for other good cause including a wall already existing on an adjacent residential development. The applicant shall demonstrate that the intent of this section can be effectively accomplished, without constructing a wall, by submitting for the approval an alternative design, and a descriptive narrative. The planning services director will administratively review submitted documents for consistency with the intent of this section and, if the plan is approved through this provision, shall specifically note the approved deviation and basis for the approval within the site development plan approval letter. Vegetative plantings shall be located external to the wall/fence such that 50 percent of the wall/fence is screened within one year of the installation of said vegetative material. An irrigation system shall be installed to insure the continued viability of the vegetative screen. The above regulation shall not be construed to require a masonry wall/fence on commercial development fronting an arterial or collector street where the opposite side is zoned residential or otherwise be inconsistent with the provisions of Section 2.8.2 of this code. A wall/fence shall be constructed following site plan approval and prior to any vertical construction resulting from the issuance of a building permit. Special circumstances may warrant constructing the wall/fence in phases depending upon the location of affected residential areas and after vertical construction. ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC2.187 LDC SECTION: 2.6.11 CHANGE: Delete the reference to "waiver" and substitute "administrative variance" as the vehicle for allowing the Planning Services Director to approve, under certain circumstances, fence or wall height in excess of that allowed by the LDC. REASON: The evaluation of a request to allow increased fence or wall height involves work, including property research and a site visit, similar to that required to process a typical administrative variance request. In the past there has been no charge for this work, and the proposed amendment would allow appropriate compensation to the County through the fee charged for an administrative variance. FISCAL & OPERATIONAL IMPACTS: Approval of this amendment would result in increased revenue in the form of fees. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.6.11.5.7. When determined to be beneficial to the health, safety, and welfare of the public, the development nlannin~ services director may waive approve an administrative variance from height limitations of fences and walls in aH districts provided that at least one health~ safe .ty~ or welfare issue peculiar to the orooerty is identified~ and that such approval does not set an unwanted precedent by addressing a Reneric problem more properly corrected by an amendment to this Code. ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGES: LDC2:192.1 - 2.192.2.3 LDC SECTION: 2.6.21 Dock facilities CHANGE: 1.) Add a provision allowing administrative approval of more liberal waterway width measurements for determining dock protrusion distance on platted waterways less than 100 feet wide where the mean high water line has receded from the property line; 2) Revise dock facility extension criteria; 3) Revise the section dealing with boathouses to clarify the relationship between a boathouse and its associated dock facility, and identify which criteria (dock extension and boathouse, or boathouse alone) apply under what circumstances; 4) Exempt docks on unbridged barrier islands in State Aquatic Preserves from protrusion limits, provided that DEP permits are obtained prior to construction. In addition to these major changes, a number of minor "housekeeping" changes have been made throughout the section, including the insertion of an gxhibit inadvertently omitted from this section during an earlier amendment cycle. REASON: 1 .) Accretion on narrow waterways not reinforced by seawalls sometimes results in a true waterway width of less than that indicated on a plat, and the code requires that platted waterway width be used whenever available. This change would allow affected property owners to measure their protrusion distance from the mean high water line, rather than the property line (the most restrictive point) once certain requirements for approval have been met. 2.) Questions have been raised regarding how many of the dock facility extension criteria must be met in order for the Planning Commission to approve an extension. The criteria have been separated into five primary and six secondary criteria, with a requirement that at least four of the primary and four of the secondary be met in order to approve the petition. Questions have also been raised regarding the water depth at the site and its relationship to the vessel(s) intended to use the dock. The language has been revised in order to clarify this relationship. Language of all other criteria has been revised as well in an attempt to clarify what objective standards of approval for each criterion need to be met. The two criteria dealing with the impact of the proposed dock on the view of nearby property owners, the most subjective of the criteria, have been reduced to one, with the emphasis shifted to the view of abutting property owners. 3.) Combining dock extensions and boathouses in the same section has causes some confusion over their relationship. The language has been revised to discriminate between simultaneous applications for dock extensions with boathouses, and applications for the addition of a boathouse or covered structure alone to an existing dock. 4) Docks on unbridged barrier islands are currently allowed as permitted principal uses in recognition that docks are a necessity where the only practical means of access to the property is by boat. On such islands as Keewaydin, the nature of the shoreline, with very shallow water and mangrove growth, makes a boat dock extension necessary in virtually every case. Since a viable dock is a prerequisite for development of the property, these extensions have always been approved. For barrier islands, including Keewaydin, located in State Aquatic Preserves, DEP permitting regulations apply which are in all ways more restrictive that those in the LDC. DEP permits, as applicable, are required as a condition of approval for all /4:5 boat dock extension petitions. 'Since DEP permit requirements already include safeguards addressing all main issues of concem to the County, it would seem reasonable to eliminate the extension petition requirement for docks in these locations where DEP approval is required. HSCAL & OPERATIONAL IMPACTS: The change involving measurement of waterway width would require an administrative variance application to allow staff to evaluate the request. The fee for this application is $400. Clarification of dock extension criteria would reduce the grounds for appeal of Planning Commission decisions as well as the possibility of subsequent litigation. The elimination of boat dock extension petitions for unbridged barrier islands in State Aquatic Preserves would eliminate a source of revenue ($1000 petition fee), but would also eliminate staff hours spent processing these petitions and time taken by the CCPC to hear them. RELATED CODES OR REGULATIONS: LDC Section 2.6.22 (Manatee protection) Sec. 2.6.21. Dock facilities. 44 :2.6 .21 .2 .3 .1 . Rip a:i.a... side ...d t~e e:raer of an e.--d created_ 1 i~ ')1 '1 A A II dA^l. C~;lld';~ .a~a..ll~ A~ I~----"'i,l~.A+.--~;~ ~knll I.~.,n .ngl~d'A~ n~.i 1 /1 A ~ I A~ A~I~ ~k AA~ ~ 'A~A PAlrAP~A li~i~L (Ord. No. 92-73, § 2; Ord. No. 93-37, § 3; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 95-58, § 3, 11-1-95; Ord. No. 96-21, § 3; Ord. No. 97-26, § 3.D, 6-4-97; Ord. No. 99-46, § 3.D, 6-16-99; Ord. No. 00-8, § 3.F, 1-25-00; Ord. No. 00-43, § 3.F, 6-14-00; Ord. No. 00-92, § 3.D, 12-13-00) Code references-Coastal zone protection, § 22-286 et seq.; waterways, ch. 146. 2.6.21.1. Individual or multiple private docks, including mooring pilings, davits, lifts and the like are permitted to serve waterfront property as described in Division 6.3 Definitions, provided such docks do not protrude more than the respective allowable distarlces specified in subsections 2.6.21.2, and 2.6.21.3. of this code for such waterway or waterbody. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks, the native marine habitat, manatees, and the view of the waterway by the abutting property owners.. 2.6.21.1.1. Permitted dock facility protrusions as well as extensions of dock facilities are measured from the property line, bulkhead line, shoreline, seawall, rip-rap line, control elevation contour, or mean high Water (MHW) line, whichever is most restrictive, with the following exception: on manrnade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the Planning Services Director may approve an Administrative Variance allowing measurement of the protrusion fi~om the existing MHW line, provided that: 1) a signed, sealed survey no more than sixty (60) days old is provided showing the location of the MHW line on either' side of the waterway at the site as well as any dock facilities on the subject property and the property_ directly across the waterway, and, 2) at least 50 percent of the tree waterway width as depicted by the survey, but in no case a distance of less than twenty (20) feet, is maintained for navigability. The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 2.6.21.2.2. of this code a~q applied to the tree waterway width shown on the survey and not the platted canal width_ 2.6.21.1.2. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and or structures. Boathouses and dock facilities proposed on residentially zoned properties as defined in section 2.1.4 of this code, shall be considered an accessory use or structure. Boathouses shall be required to be approved through the procedure and criteria in subsections 2.6.21.3 and 2.6.21.4. In addition, any covered structure erected on a private boat dock shall also be considered an accessory use, and shall also be required to be approved through the procedures and criteria of subsections 2.6.21.3. and 2.6.21.4. of this code. 2.6.21.1.3. Non-residential dock facilities shall be subiect to all of the provisions of section 2.6.21 of the code, with the exception that protrusions for non-residential dock facilities beyond the specified limits shall be determined administratively by the planning services director at the time of site development plan review, based on an evaluation of the criteria in subsection 2.6.21.3. of this code. 2.6.21.2. Dock facility requirements and restrictions. The following criteria apply to dock facilities and boathouses, with the exception of dock facilities and boathouses on manmade lakes and other manmade bodies of water under private control. 2.6.21.2.1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse, dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). A dock extension in accordance with subsection 2.6.21.3. of this code may be granted to allow a protrusion of more than 20 feet. 2.6.21.2.2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is lesser. A dock extension in accordance with subsection 2.6.21.3. of this code may be granted to allow a protrusion of more than 20 feet, but at no time shall such an extension be granted to allow a protrusion into more than 25 percent of the watemtay width. 2.6.21.2.3. For lots on unbridged barrier islands located within State Aquatic Preserves, promasion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection {DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply; however, all required DEP permits for the dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 2.6.21.2.4. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in subsections 2.6.21.2 or 2.6.21.4 of this code or as exempted below. All dock facilities {except boathouses) on lots with less than 60 feet of water frontage shall have a side setback requirement of 7 1/2 feet. All dock facilities (except boathouses) on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7 1/2 feet as measured from the side lot line or riparian line, whichever is appropriate. 2.6.21.2.4.1. Riparian lines (see Division 6.3, Definitions, riparian line), for lots at the end or side end of a waterway with a regular shoreline, are established by a line extending from the comer of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the two intersecting lots (see Exhibit A). Riparian lines for all other lots should be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian fights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines, or lines drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines. 2.6.21.2.5. All dock facilities, regardless of length/protrusion, shall have reflectors and house numbers, no less than four inches in height, installed at the outermost end, on both sides. For multifamily developments, the house number requirement iswaived. 2.6.21.2.6. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including but [not] limited to the requirements and permits, of the Florida department of environmental protection, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 2.6.21.2.7. Protection ofseagrass beds. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of one inch to 200 feet when available from the county, or a scale of one inch to 400 feet when such photographs are not available from the county.. The location of seagrass beds shall be verified by a site visit by the site development review director, or his designee, prior to issuance of any project approval or permit. 2.6.21.2.7.1. All proposed dock facilities shall be located and aligned to stay at least ten feet fi.om any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation and hard bottom communities. 2.6.21.2.7.2. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within ten feet of seagrass beds. Such docking facilities shall comply with the following conditions: 1. The dock shall be at a height of at least 3.5 feet NGVD. 2. The terminal platform area of the dock shall not exceed 160 sqnare feet. 3. The access dock shall not exceed a width of four feet_: The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 2.6.21.2.7.3. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom commuhities have been minimi~__,~! prior to any project approval or permit issuance. 2.6.21.3. Dockfacili~ extension. Additional protrusion of a dock facility into any waterway beyond the limits established in subsection 2.6.21.2 of this code may be considered appropriate under certain circumstances. The collier county planning commission, at a duly advertised public hearing, shall approve, approve with conditions, or deny, a dock facility extension request based on the criteria below. Advertisement of such hearing shall consist of, 1) publication of a notice of the heating in a newspaper of general circulation in the county at least 15 days in advance of the hearing; 2) posting of a sign by the development services director in full view of the public on the subject property; and, 3) notification by the development services director of all owners of property within 500 feet of the subiect property. As to any boat dock extension petition upon which the planning commission takes action, pursuant to subsection 5.2.11 of thi.q code, an aggrieved petitioner or adversely affected property owner may appeal such final action to the board of zoning appeals. The board of zoning appeals may affirm, affirm with conditions reverse, or reverse with conditions the action of the planning commission. Such appeal shall be, filed with the communi _ty development and environmental services division and shall be noticed for hearing by the board of zoning appeals pursuant to the procedures and applicable fee set forth in subsection 1.6.6 of this code. The planning commission shall base its decision for approval, approval with conditions, or denial, on an evaluation of the following primary and secondary criteria. The application for a boat dock extension shall include the following: 1) a signed sealed survey depicting mean high water, mean low water, and relevant water depths measured at no less than 5-foot increments; and 2) a chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable, channel, the proximity of the proposed facility to docks, if any, on the ad.lacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank. In order for the planning commission to approve the request, it must be determined that at least four (4) of the five {5) primary criteria, and at least four {4) of the six (6) secondary criteria, have been met. These criteria are as follows: 2.6.21.3.1. Primary criteria. 2.6.21.3.1.1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subiect property; consideration shoUld be made of property on unbridged barrier islands, where vessels are the primary_ means of transportation to and from the property_. ((The number should be appropriate; _typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate)) 2.6.21.3.1.2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). ((The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension)) 2.6.21.3.1.3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. ((The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel)) 2.6.21.3.1.4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. ((The facility should maintain the required percentages)) 2.6.21.3.1.5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. ((The facility should not interfere with the use of legally permitted neighboring docks)) 2.6.21.3.2. Secondary_ criteria 2.6.21.3.2.1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. ((There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds )) 2.6.21.3.2.2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. ((The facility should not use excessive deck area)) 2.6.21.3.2.3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (( The applicable maximum percentage should be maintained)) 2.6.21.3.2.4. Whether or not the proposed facility would have a major impact on the waterfront view of abutting waterfront property owners. ((The facility should not have a major impact on the view of either neighbor)) 2.6.21.3.2.5. Whether or not seagrass beds are located within 200 feet of the proposed dock facili _ty. ((ff seagrass beds are present, compliance with subsection 2.6.21.2.6. of this code must be demonstrated)) 2.6.21.3.2.6. Whether or not the proposed dock facility is subject to the manatee protection requirements of subsection 2.6.22. of this code. ((If applicable, compliance with section 2.6.22 must be demonstrated)) 2.6.21.3.3. If deemed necessary based upon review of the above criteria, the planning commission may impose such conditions upon the approval of an extension request it deems necessary to accomplish the purposes of this code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four inches. 2.6.21.4. Boathouse requirements: Boathouses, including any roofed structure built on a dock, shall be reviewed by the planning commission using the same procedures and applicable criteria described in subsection 2.6.21.3 of this code; however, the criteria in subsection 2.6.21.3. of this code shall apply only to simultaneous application for both a dock extension and a boathouse. In cases where the boathouse is to be constructed on an existing, legally permitted, dock, these criteria shall not apply since the dock itself is already in compliance with the code. In all cases, the following additional criteria shall apply to boathouses, and all of these criteria must be met in order for the planning commission to approve the request: 2.6.21.4.1. Minimum side setback requirement: 15 feet. 2.6.21.4.2. Maximum protrusion into waterway: 25 percent of canal width or 20 feet, whichever is less; the roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. 2.6.21.4.3. Maximum height: 15 feet as measured from top of seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 2.6.21.4.4. Maximum number of boathouses or covered structures per site: 1. 2.6.21.4.5. All boathouses and covered structures shall be completely open on all four sides. 2.6.21.4.6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style; a single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. Lot ~ Lot -~ O' 60' Typical or More Less 5o' Than 60' , Lot 4 100' Waterway // % ' 7.5' 7.5' \ Lot 5 Lot 8 Lot 7 Lot 6 Exhibit A Typical Setback Requirements for Dock Facilities R.L.-Riparian Line ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC2:206-207 LDC SECTION: 2.6.33.3. Temporary construction and development permits CHANGE: Allow temporary classrooms for existing non-profit entities in conjunction with approved development order REASON: Non-profit organizations, which conduct classroom activities, occasionally have need of temporary classroom facilities to continue these activities during the construction or renovation of permanent facilities. This amendment would allow such a use in conjunction with an approved development order until such time as permanent facilities have been completed or the development order expires. FISCAL & OPERATIONAL IMPACTS: Allowing such a use would result in additional temporary use permit fees RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.6.33.3. Temporary construction and development permits. During the construction of any development for which at least a preliminary development order has been granted, as required below, the developer may request a temporary use permit for the below-listed activities. The temporary use permit shah be granted initially for a period not to exceed 24 months in duration and may be renewed annually based upon demonstration of need and payment of fee. A request for renewal shall be submitted to the planning services director in writing 30 days prior to the expiration of the temporary use permit. Temporary construction and development permits shah be allowed for the following uses: Temporary offices to be used for construction, and administrative ftmctions within the development. Temporary administrative offices to be used in conjunction with a bona fide agricultural use in the agricultural zoning district when located in the area designated agricultural on the future land use map of the future land use element of the Collier County growth management plan. Temporary classrooms on the site of existing nonprofit organizations, used to continue existing classroom activities, and in conjunction with an approved development order; such classrooms will be issued in conjunction with an approved Site Improvement Plan. On-site storage of equipment and construction materials for use on the development site only. On-site mobile home used as a temporary office or storage facility for persons engaged in the development of the site. On-site mobile radio and television equipment and antennae. On-site mobile home for the use of a watchman or caretaker only. On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects. Off-site temporary parking on property which is located contiguous to the subject development, or would be contiguous except for a roadway that is not designated as a collector or arterial in the traffic circulation element of the growth management plan, with the written authorization of the property owner. Other on-site uses similar to the foregoing uses and determined by the planning services director to meet the intent of section 2.6.33.2. Memorandum To: From: Date: Subject: Ron Nino Barbara Burgeson 1112 0101 Ritz LDC amendment explanation, requested by the CCPC At the final LDC amendment hearing before the BCC, in June 2001, Matt Grabinski was asked to return with an amendment to the Annual Beach Events permit language. Since the BCC agreed at that meeting that the permit could not be revoked, Ms. Mac'kie suggested that it might be appropriate to rename the permit to a notice which could never be revoked, by definition. This LDC amendment was submitted by the Ritz Carlton and staff reviewed the proposal and the, consequences. We do not support changing the applicant to commercial beachfront properties, as this was never part of the original discussions, which included all of the interested parties on both side. It was agreed upon that the beachfront hotel properties were the appropriate applicants for the Annual Beach Events Permit. A second concern is that there is less ability for staff to place conditions on the permit if it becomes simply a notice. We are not sure that a notice allows staff the same latitude that a permit does. If the Beach Events Permit becomes a notice, it will be more difficult to go back to a permit in the future, should staff feel it necessary in order to protect the sea turtles and ultimately the County's liability to the endangered species act. The BCC placed the language in the code that this permit could not be revoked but left open the possibility that the "non-revocable" language could be removed in the event of subsequent, significant violations. Staff has a list of violations, some fairly severe, that occurred on the Ritz property, during sea turtle nesting season this past summer. We do not feel that the record reflects they have been good stewards of the sea turtles and cannot support softening the language fi.om permit to notice at this time. We cannot support amending language which would make it much more difficult in the future to re-establish revocable permit language back into the Code. Staff accepts that the BCC felt it would consider a subsequent amendment to make a permit a notice, but upon further review Staff does not believe it is in the best interest of the public to make the requested changes to the Code. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MEMORANDUM DATE: TO: FROM: RE: December 10, 2001 Klm Hadley, Environmental Specialist Patrick G. White, Assistant County Attorney Proposed LDC Amendment for Annual Beach Events Notice RLS # PLS 01111601 You have asked what the legal implications would be of changing from a "permit" to a "notice" with respect to current LDC provisions pertaining to Annual Beach Events (ABE) permits. Additionally, you have asked questions with respect to the applicable penalties, the impact on enforcement, and on how the proposed regulations would function, including whether conditions or stipulations would be enforceable if attached to a "notice." Although no Florida cases or opinions of the Attorney General appear to discuss the distinctions between a "notice" and a "permit," courts in Florida have consistently held that a lawfully obtained permit can result in a protected interest that a governmental authority is estopped to revoke or rescind. This occurs, however, only when the permitee has cleady altered his position in reliance on the issued permit. Thus, a lawfully obtained permit upon which a permit holder has justifiably relied may create protected property rights, while a similarly situated notice would not appear to have any protected interest at all. Although Mr. Grabinski states on the record his view that there is no net gain or loss of substantive rights of use for his clients (or other similarly situated property owners), this office is of the opinion that this view is accurate only so long as the County has agreed, via its land development regulations pertaining to such use, to not establish or impose a penalty resulting in the suspension or revocation of an ABE permit for listed violations. Viewing the proposed amendment to LDC § 2.6.34., from this perspective, this office offers the following comparative analysis of a "Notice" to a "Permit." As to the relevant information required to be provided by an applicant or obtained by the County for a Notice versus a Permit, there do not appear to be any legal or factual differences. By issuing a Permit, however, the County expressly recognizes that the information provided by an applicant: a. has actually been received, Page 1 of 3 b. was adequate with respect to meeting the requirements for relevant information to be provided, and c. was timely received. The mere submission of a Notice fails to afford an applicant any recognition of these matters. o The penalty provisions applicable to a violation for failing to provide the appropriate notice or to obtain the required permit are the same under the existing and proposed LDC amendments. If the proposed amendment to require a mere notice alone is approved, the County will lose all ability to fashion and attach specific conditions addressing impacts anticipated from a specific, but non-routine/unusual, proposed beach event/use, As stated more fully above, Florida's courts recognize a lawfully obtained permit affords certain property dghts protected by the jurisprudential principle of equitable estoppel, while no such protected interest is afforded to a mere Notice. Retaining the existing LDC provisions allows the County to make its enforcement response for violations proportional to the degree of non- compliance evaluated over a longer period of time. My recollection is that in June 2001, the BCC sought to preserve the option to revoke or suspend permits in the future if needed to obtain compliance. This can currently be achieved by merely amending the LDC to allow a suspension or revocation as a penalty. If the proposed amendments are approved, the County's ability to preclude further damaging use for a continuing pattern of violations will be made more difficult (i.e., require further amendments to the LDC to create a means by which the use could be restricted). In addition, if the property owner is only required to provide notice to the County of proposed ABE's, then the only manner by which limitations on such use could be implemented would be through a total prohibition of such use (until otherwise allowed in a subsequent LDC amendment). Based on the foregoing analysis, if the proponent of the proposed LDC amendments is of the opinion that there is no net gain or loss of substantive rights to his clients (or similarly situated property owners), then the County ought reasonably evaluate that opinion against its lessened ability to: provide a response that acknowledges that the required information was timely received, attach more specific conditions to a particular use on a case-by-case basis in order to address unwanted impacts on sea turtles, and be flexible in assudng compliance by property owners for continuing violations through limited prohibitions of use. Page 2 of 3 ~ ~£ "~ In conclusion, although the analysis above is more detailed than that afforded by Barbara Burgeson in her November 20, 2001, Memorandum to Ron Nino, the same three concerns are essentially expressed and should form the primary considerations for the Board's review and approval, or rejection, of the proposed amendments to LDC § 2.6.34. Please let me know if you need further assistance in this matter. PGW:kjt CC: David C. Weigel, County Attorney Marjorie S. Student, Assistant County Attorney Barbara Burgeson, Environmental Specialist Page 3 of 3 ORIGIN: PUBLIC APPLICATION RITZ- CARLETON HOTELS AUTHOR: Matt Grabinski, Attorney Representing Ritz Carleton Hotel DEPARTMENT: N/A LDC PAGE(S): LDC2:217 & LDC3. 160 LDC SECTION(S) 2.6.34 & 3.14. 3 CHANGE: (i) Amend sec. 2.6.34.1 to allow annual beach event permit to any commercial beach front property. Currently limited to hotel resort property and to change requirement for a permit to one of a notice. (ii) Amend sec. 2.6.34.2 to add language reflecting that the beach event extends to the owner of any commercial property fronting the waters of the Gulf. (iii) Amend Sec.2.6.34.3 Identifies need to submit monthly notice and non substantive changes. (iv) Amend Sec. 2.6.34.4. Non substantive changes however, cancelations allowed 4 hours in advance of scheduled event. (v) Amend Sec. 2.6.35.5 Non-substantive revisions. (vi) Amend sec. 2.6.35.6. Non-substantive revisions. Amend Sec. 3.14.3.4 Vehicle on the beach regulations- Permit Exceptions. Non-substantive revision, except provision made for no revocation of permit/notice. With the exception of extending temporary beach event permits to all commercial Gulf waters fronting property the changes appear to be compositional as opposed to substantive with some exception as indicated above. REASON: One must assume that from a legal framework the applicant is of the opinion that the changes more accurately describe the regulations removing potential adverse interpretation. There is also a legal distinction between an annual permit versus notice in the sense that a notice is not subject to revocation. The applicant will speak more directly to the their case for making the changes described herein. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT IMPACT: None PLANNING STAFF RECOMMENDATION: Staff does not recommend the revisions proposed by Mr. Grabinski. 2.6.34 2.6.34.1 Amend the LDC as follows: Annual bc:.:-"- c-:c.---~ ~e:-----'-".:Notice of Commercial Beach Events: The of commercial beach-front ....... :"~ ~'~'~t..~..."'. -'~-'~' ~""' app!y £crproperty ("Owner") shall submit to the County, on an annual basis, an annual beach ew~nts p~:~.~:t. ~ ~.~.:.-~ ~ ~:r~tcr, . u~ ~ ....... -~FF!:.~r:notice ("Annual Notice"). The Annual Notice shall be submitted on the form prescribed by ~e plarming services director or his designee, together with the applicable monitoring fee for the number of ~ bzach event: azanticipated Beach Events indicated on the per:nit f~.:'n~ ............................. r ..... t~,Annual Notice. Activities re ed this section are not intended to authorize any violation of § 370.12, F.S., '~'...., ...... t..v · ;~;~--.~......, cf the Endangered Species Act of 1973, as itthey may be amended. 2.6.34.2For purposes of this section, a ~b~-~w}~"Beach Event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach by or at the direction of an Owner and satisfying one or more of the following criteria: The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and/or sound; or 3. The event: (a) is attended by 25 or more people and is organized by or ,.,;a. +t.~ ~.~_ ~ a. ........ ;~ ~+ o,~a~,at the direction of the Owner; and (b) is of a nature not commonly associated with the day-to-day use of the beach by the general public. 2.6.34.3. Notice of schcd:c!cd cvcnts: Scheduled Beach Events: ~.lOn or before the 25th day of each calendar month, the ~^'~- shall cause Gogie~__.ge Co~ to be ~shed wi~ ~ notice ef all beach ~"Mont~y Notice") of all Beach Events scheduled for ~e following mon~, in the fo~ ~d content made a p~ of the ...... ' ~ ..... * ~~ual Notice. ~e Mon~ly Notice shall indicae ~e date, time ~d d~fion of each ~ 2.6.34.3.1 Beach Event. 2.6.34.3.2 If a l~a-~v~.Beach Event is scheduled after the ........ ., ........... --.Monthly Notice has been furnished to r,^,,;_ r, .... +., ............ ~, ,..~ p.m~..-'r..y c;:.m_--rthe CotmW, then the Owner shall furnish the ..... ..... .,..~ounty with a separate written notice at least 48-hours prior to such event. 2.6.34.3.3 All notices or documents furnished to C-ott.i~he County pursuant tolt~p~mi-~,-~ these regulations shall be sent to Collier County Planning Services Department and~ for events that occur during sea turtle nesting season, to the Collier County Natural Resource Department-as-welt. 2.6.34.4. Event Cancellations and poctFoncmcn:s:Postponements: 2.6.34.4.1. If a scheduled l~v~leach Event is canceled or postponed, t~ o~a~qhen the Owner shall furnish C-ottievthe County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute o .... - ~:~ ~- ........ .~-~ owner-cancellations. However, the Owner shall make every effort to notify counDCounty staff of any :taft a m:~2m-'~m ef dcancellation not less than four (4) hours prior to the scheduled o,.m~d~each Eveht time. If such event is rescheduled, notice of the date and time of the rescheduled event shall provide~.also be submitted to the County. 2.6.34.4.2. If a b~a-ou~atBeach Event is canceled or postponed, and ne ether beach e,,~ttsno other Beach Events are scheduled for the date of the canceled/postponed event, and Gotl-i~he County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the ........... · , ...... ~,~, ~c ,,~, ~v~,, ,, .t,, ~ autho~zednumber of Beach Events for which the Owner paid the l~--t,he-~prescribed monitoring fee at the time the Annual Notice was submitted to the County. 2.6.34.5. Sea turtle nesting season. P--~-.v.:! b:aeh e'/e='m ;v~chBeach Events that occur during Sea Turtle Nesting Season (May 1 ~t through October 3 l~t of each year) arc also subject to thc following regulations: 2.6.34.5.1. All required Florida Department of Environmental Protection (FDEP) Field Permits, shall be obtained and a copy furnished to ~e County prior to the time of the scheduled event as set forth in section 2.6.34.3. 2.6.34.5.2. Consistent with section 3.13.7.3, and 3.14.6, no structure set up, or beach raking, or mechanical cleaning activity for any particular Beach Event shall not commence until afl,'sea turtle monitoring £conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit~ has been completed. 2.6.34.5.3. Prior to all scheduled beach .... °~ e','e~' ~'~' .... · _~:, ~,~a~ :, r-eqair-~t-toBeach Events, an Owner shall rope off (or otherwise identify with a physical barrier) an area with not less than a 15-foot radius out from each sea turtle nest that has been identified and marked on a beach-, unless a greater distance is required by an applicable State permit. 2.6.34.5.4. Use of vehicles on the beach is prohibited, except as may be permitted under Section 3.14.3, 3.14.5, or 3.14.6. 2.6.34.6. 2.6.34.5.5. Consistent with section...: ~. ~.", .~,. ~ A~,a...~............,]a 't a all materials placed on the beach for the purpose of conducting _~:)+..a ~.~,. v ...............:vznts:Beach Events: 1) must be removed fi.om the beach by no later than 9:30 p.m. of the date of the event; and 2) no structures may be set, placed, or stored on, or within ten (10) feet of any beach dune, exert ~atdune. Notwithstanding the foregoing. materials may remain in an identified on-site staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the permit. 2.6.34.5.6. All lights that are visible fi.om the beach and cast a shadow thereon shall be turned offby no later than 9:00 p.m. of the date of the event. 2.6.34.5.7. Identification of sea turtle nests on the beach may cause the Beach Event to be relocated fi:om its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Goitie~e County staff in order to protectfl~ identified sea turtle .-:~ eoun~ests. However, County staff may relocate a staging area l~as provided for in 2.~.2~.5.5,2.6.34.5.5) as part of its daily sea turtle monitoring. 2.6.34.5.8. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three (3) inches~ shall be subject to the approval of the FDEP and C-ogi~he County. 2.6.34.5.9. AThe Owner shall also provide a copy of all notices required by this 2.6.34.5 to Collier CounW Na~al Reso~ces D~~t. Note: When a State permit is more restrictive than the code requirements, the State requirements shall supersede, and the County shall enforce these requirements. Penalties. XT~,.,4*I~*~A ;~ ~l. .................. ~,~. addition to the penalties set fo~ elsewhere in ~s Code, the following violations of t~s section ~e subject to the following penalties exc~ ,u~, ,u~ A ..... ~ U~U ~ .... '~ ~:* may -~' u ....... a~a ~. 1. Violations which do not occur during sea turtle nesting season,i-,e=,-oeem, are subject to up to a $500 fine per violation. 2. Violations which occur during sea turtle nesting season and are: any activity that may cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) setting up a b(moh-~(otBeach Event prior to daily sea turtle monitoring; 2) failing to remove [mm)h-(w~l~each Event materials from the beach by 9:30 p.m.; 3) failing to have lights, so required, turned out by 9:00 p.m.; or 4) not placing additional barriers around nests as required by sec. 2.6.34.5.3; are subject to the following penalties: First violation: $1,000 fine Second violation: Third or more violation: $2,500 fine $5,000 fine bo any activity that would not cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) failing to notify the County of a l~,~da-~m~,Beach Event; 2) failing to provide the County with copies of Florida Department of Protection permits prior to each b~h-~m;Beach Eventi or 3) having beaeh-e,,~m~each Event materials or related structures set, placed, stored on, or within ten feet of any beach dune; are subject to up to a $500 fine. 3. Notwithstanding any provision of thi.~ Code to the contrary, an Owner's right to conduct Beach Events shall not be suspended or revoked. DMSION 3.14. VEHICLE ON THE BEACH REGULATIONS Sec. 3.14.3. Exceptions; permit. 3.14.3.4 Vehicle-on-the-beach permits issued in conjunction with special cr am:.:ca! bcach cvc,-:z:cvents or Beach Events: Vehicles which are used in conjunction with Beach Events for which proper notice has been provided to the County pursuant to Section 2.6.34 hereof, or functions on the beach, a~ permitted by an approved special event temporary use pz..-~'..:'t, or ar~'a~! beae~ z;'za~ permit, are exempt from the provisions of this division if a vehicle-onthe- the-beach permit has been granted by the planning services director or his designee. All permits issued are subject to the following conditions and limitations: PAGES 62-65 LEFT INTENTIONALLY BLANK ORIGIN: Community Development & Environmental Services Division AUTHOR: Susan Murray, AICP DEPARTMENT: Planning Services LDC PAGE: LDC2. 243 LDC SECTION: 2.7.3.4 CHANGE: To provide that initial development towards meeting provisions of section 2.7.3.4 for purposes of sun setting must be for on-site required infrastructure improvements. REASON: The current regulations remain unclear as to whether or not initial development required to satisfy the conditions of section 2.7.3.4 could be met with off-site improvements such as deceleration lanes and entryway configurations. The amendment is intended to clarify the position that actual coustmcfion commencement requires improvements that immediately support vertical consUuction. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Sec. 2.7.3.4 3. Infrastructure improvements shall be located on site and shall constitute infrastructure that makes possible vertical construction consistent with permitted land uses. Deceleration lanes, entry road access and the like do not count towards meeting the required levels of infi'astructure improvements as required above. ORIGIN: Community Development & Environmental Services Division AUTHORS: Patrick G. White, Assistant County Attorney & John Houldsworth, Senior Engineer DEPARTMENT: Planning Services, County Attorney's Office LDC PAGES: LDC 3:15-17; 3:63-65: & LDCC 3-6 LDC SECTIONS: 3.2.6.3.4.; 3.2.9.2.12.; & Div. 6.3; & Appendix C CHANGE: Amends existing text, amends and adds definitions, and amends portions of appendix setting forth required information to be on the face of plats. REASON: Decrease the time required to review and approve final subdivision plats, provides consistency and predictability of plat review for applicants FISCAL & OPERATIONAL IMPACTS: Decreases staff review time. RELATED CODES OR REGULATIONS: None 3.2.6.3.4. Recordation of final subdivision plat. General. No building permits for habitable structures shall be issued prior to approval by the board of county commissioners and recordation of the final subdivision plat. Posting of subdivision performance security. Approval of the final subdivision plat shall not entitle the final subdivision plat to be recorded unless the required improvements have been completed by or for the applicant and accepted by the county, or the required subdivision performance security for the construction of the required improvements, both on-site and off- site, has been posted by the applicant, in a format approved by the county attorney, and approved and accepted by the board of county commissioners or the community development and environmental services administrator, or his designee, on behalf of the board. Once the form of a subdivision performance security has been approved and accepted alternate securities, in a format approved by the county attorney~ may be approved by the community development and environmental administrator, or his designee, on behalf of the board. Recordation procedure. Atter approval of the final subdivision plat by the board of county commissioners, but prior to the development services director's recording of the final subdivision plat with the clerk of the circuit court, all of the following shall occur: ao bo The applicant shall obtain all of the signatures on the original plat cover sheet(s) that are associated with the applicant's obligations or that are otherwise required (together with any separate opinion of title or title certification, and any separate mortgagee's consent(s)). The applicant shall submit the original final subdivision plat, and any separate consents, or opinions or certifications of title, to the development services director after obtaining the signatures required above. The development services director shall obtain all county related signatures required on the final subdivision plat. Simultaneously with the submission of the fully executed final subdivision plat to the development services director, the applicant shall also submit in accordance with § 177.041, F.S., at no expense to the county, either a title opinion or-ee~f~-~-ffom a licensed attorney authorized to practice in the State of Florida complying with the standards for such opinions as they may be promulgated from time to time, or a title certification, as well as any required documents supporting such title information, and any such related documents as ma,/be required by the office of the county attorney. The effective date of the su~Fc.~k':g title information must be no more than 30 days prior to the submission of the final subdivision plat to the development services director and must contain all of the following: (1) A legal description of at least the lands being platted; (2) A statement that the attorney is licensed to practice in the State of Florida and that the attorney has examined title to the subject real property, if a title opinion is being provided; (3) Identification of the exact name of any the person who is the record owner of the subject real property and a specific citation to the official records book and page, where each the-record legal owner obtained title to the subject real property. The ...... '- title information shall have attached thereto a copy of said instrument(s) of conveyance; (4) Identification of liens, encumbrances, easements, or matters shown or that should be shown as exclusions to coverage on a title insurance policy. As may be If applicable, the suppc.~..ng title information shall include ha~q~aed in a neatly bound fashion, and make citation to the recording information of, all referenced liens, encumbrances, easements, or exclusions. The supp=~k':g title information shall have attached thereto a copy of any such o [Payment of recording and copy fees. ] The recording and copy fees specified in this section must be verified as correct and paid by the applicant. Upon verification and payment, the development services director shall record the final subdivision plat with the clerk of the circuit court in the official records of Collier County, Florida, and then proceed to produce three copies and one mylar of the recorded final subdivision plat and accompanying documents which are required for the clerk of the circuit court. [Recording of other documents.] If any dedications, giants, conveyances, easements, consents (including mortgagee consents}, reservations, covenants, or other like instnunents are to be recorded simultaneously with the final subdivision plat, appropriate fees and original documentation must be provided to the development services director for processing and recording by the clerk of court prior to, or simultaneously with, the recording of the final subdivision plat. [Additional copies.] If the applicant or its professional surveyor or engineer of record wishes to obtain additional copies or mylars of the recorded document(s) at the time of recording, arrangements shall be made through the development services director and coordinated with the transportation services division prior to recording and payment of fees. [Completion of improvements.] The required improvements shall be completed prior to recordation of the final subdivision plat unless the applicant shall file with the county a subdivision performance security in a manner and form prescribed in this division to assure the installation of the required improvements. [Supporting "~at~" title information.] Within 60 days of recordation of the final subdivision plat in the official records of Collier County, Florida, the applicant, at no expense to the county, shall submit to the development services director ~:,k~. ~ ,:,~ ~_:_: ..... -.,:~:~o~ c-..~_ A u..~.~n ~..,,.~.~.~a ,~-.~,.-~ ;- ,k~ e,~,~ hr m^.~.~ A~ final supporting "gap" title information in order to induce the Collier County board of county commissioners to conduct final acceptance of the subdivision improvements aa required by this division. The final supporting title information must meet all of the requirements of 3.c., above, except aa to effective date. Receipt and approval of the "gap" title information i.q ah-2! be a condition precedent to acceptance of subdivision improvements. The effective date of the supporting "gap" title information must-be--th~agh-l~ "gap" between the time the effective date of the information required by 3.c,, above when submitted and the date and time of recording of the final plat, and additionally such title information must identify and provide copies of any recorded documentation ccnta/n tke C~ll~..a~. Co do IdentiSeatic. n of the holders of any estates, liens, encumbrances or easements which-ray, not properly included or ioined in the dedication or. consents on the final subdivision plat, referenced%-.~ .......... ...... s. ...... ,v~n~--~"... +-, ..... ~ ~-'~;~-~. ._, The supporting "gap" title information must:~a!! have attached thereto a copy of any required instruments not previously provided in connection with~ submittals for the final plat's recording. After approval for recording by the board, but prior to recordation of the final subdivision plat, the development services administrator may approve of minor or insubstantial changes to the final plat. 3.2.9.2.12. Certification and approvals. The plat shall contain~ except as otherwise allowed below~ on the first page (unless otherwise approved by the en~ineerin~ review services director and office of the counW, attorney prior to submittal) the following certifications and approvals, acknowledged if required by law, all being in substantially the form set forth in appendix C to this Code. The geometric layout and configuration of the property to be platted shall not be shown on the page(s) containing the certifications, approvals and other textual data associated with the plat when practical. o Dedications. The purpose of all dedicated or reserved areas shown on the plat shall be defined in the dedication on the plat. All areas dedicated for use by the residents of the subdivision shall be so designated and all areas dedicated for public use, such as parks, fights-of-way, easements for drainage and conservation purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. Such dedication and the responsibility for their maintenance shall require a separate acceptance by resolution of the board of county commissioners. No dedications items shall be included in the general note for the plat. Mortgagee's consent and approval. Identification of all mortgages and appropriate recording information together with all mortgagees' consents and approvals of the dedication shall be required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee or mortgagees, as the case may be, must be witnessed and the execution must be acknowledged in the same manner as deeds are required to be witnessed and acknowledged. In case the mortgagee is a corporation, the consent and approval shall be signed on behalf of the corporation by the president, vice-president or chief executive officer. At the applicant's option, mortgagee's consents do not have to be included on the plat to be recorded, so long as they are provided as fully executed and acknowledged separate instruments along with the plat submittal. Certification of surveyor. The plat shall contain the signature, registration number and official seal of the land surveyor, certifying that the plat is a representation of the land surveyed under his responsible direction and supervision and that the survey data compiled and shown on the plat complies with all of the requirements of F.S. ch. 177, as amended, and this division. The certification shall also state that permanent reference monuments, "P.R.M.," have been set in compliance with F.S. ch. 177, as amended, and this division, and that P.C.P.s will be set under the direction and supervision of the surveyor within two months after completion of required improvements. Upon installation of the P.C.P.s, the surveyor must submit to the development services director written certification that the installation work has been properly completed. When required improvements have been completed prior to the recording of a plat, the certification shall state the P.C.P.s have been set in compliance with the laws of the State of Florida and ordinances of Collier County. When plats are recorded and improvements are to be accomplished under performance security posted as provided for by this division, the required improvements and performance guarantee shall include P.C.P.s. Signature block for board of county commissioners and clerk of circuit court. The plat shall contain the approval and signature block for the board of county o o o commissioners and the acknowledgement and signature block of the clerk of circuit court. Signature block for county attorney. The plat shall contain the approval and signature block for the county attorney, or designated assistant county attorney. Evidence r,~.,,c..~,;~, of title. A title certification or opinion of title comolvine with § 177.041, F.S., must:~a!! be submitted with the plat. The evidence o__f title provided must ze."tdSe~:.zn :~a!! state or describe: (1) that the lands as described and shown on the plat are in the name, and record title is held by the person, persons or orgamzation executing the dedication, (2) that all taxes due and payable at the time of final plat recording have been paid on said lands, (3) all mortgages on the land and indicate the official record book and page number of each mortgage. The evidence of title ~. ~h .... ,;~ ............a ..~A~...~....,. ~c' ..,° ~ ~.-~-,,, .aa~..~. may, at the applicant's discretion, be included on the first page of the plat, so long as the information required by Section 177.041, F.S., and this paragraph is clearly stated, an effective date is provided, and the statement is properly signed. Instrument prepared by. The name, street and mailing address of the natural person who prepared the plat shall be shown on each sheet. The name and address shall be in statement form consisting of the words, "This instrument was prepared by (name), (address)." DIVISION 6.3. DEFINITIONS Right-of-way: A strip or area of land, public or private, occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainageway, water main, sanitary or storm sewer main, or for similar special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way, whether public or private, hereat~er established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Unless otherwise expressly stated` a dedication of right-of-way on a plat reflects an intention of the dedicator(s) to dedicate such fight-of-way or tract as a fee simple interest in land, subject to any easement(s) stated on the plat or otherwise of record. (See division 3.2.) Tract: An area of land, public or private, occupied or intended to be occupied, by or for a lawful purpose, including a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainageway, water main, sanitary or storm sewer main, canal, landscape buffer, or for similar use. The term "tract," when used for land platting purposes, means an area separate and distinct from platted lots or parcels and not included within the dimensions or areas of such lots or parcels. Unless otherwise expressly stated, the dedication of a tract on a plat reflects an intention of the dedicator(s) to dedicate such tract as a fee simple interest in land, subject to any easement(s) stated on the plat or otherwise of record. (See division 3.2.) APPENDIX C FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION (SEE LDC DIVISION 3.2 for applicable~ specific provisions) The following text ~and format are intended is-presented as a guide for to preparers of those platting materials required to wF2c~ w~.!! be submitted to reviewing authorities, including the project review services department, utilities division, county health department, county attorney and the board of county commissioners. Adherence to this format and text fc,.wn will substantially expedite c, ac~ d:.-Ag:..~n',s review. Substantial [h21_eviation in substance or form from *~':~,.,.~ the suggested ~,,...~,~..~,,. ....... text and format may result in delay or disapproval of the submitted plat. SURVEYOR'S CERTIFICATE State of Florida County of Collier SS It :.: The undersigned hereby certifieds under penalty of oeriur~_ that the preparation of this plat was based on a boundary survey of the property made by me or under my supervision as provided for in Chapter 61G17-6, Florida Administrative Code, and in Chapter 472, Florida Statutes~ and that the depicted survey data complies with all of the requirements of Chapter 177, Florida Statutes. Permanent reference monuments will be set prior to the recording of this plat and permanent control points will be set ...:,~,:~ ,. ......,s,~~ ,t. ..... ~,:,,.. prior to final acceptance of required improvements. (Si~mature) (Printed Name) Florida Professional Land Surveyor No. Date COUNTY COMMISSION APPROVAL State of Florida County of Collier SS This plat approved for recording in a regular open meeting by the Board of County Commissioners of Collier County, Florida, this day of ., 4-9 20 , A.D., provided that the plat is filed in the office of the Clerk of the Circuit Court of Collier County, Florida. Clerk Chairman, Board of County Commissioners Collier County, Florida FILING RECORD I hereby certify that this plat has been examined by me and that it complies in form with the requirements, of Chapter 177, Florida Statutes. I further certify that said plat was filed for record at (a.m. or p.m.) this day of , -1-9 20 , A.D. and duly recorded in Plat Book Page(s) , inclusive, of the Public Records of Collier County, Florida. , Clerk By: ENGINEERING REVIEW SERVICES This Plat approved by the Engineering Review Services Community Development Division of Collier County, Florida this , -1-9 20 , A.D. Section of the day of Engineering Review Services ~ Director Collier County, Florida I COUNTY ATTORNEY This Plat approved by the Collier County Attorney this ,4-9 20 , A.D. day of Collier County Attorney DEDICATIONS State of Florida County of Collier SS KNOW ALL MEN BY THESE PRESENTS that of lands described hereon, have caused this plat entitled to be made and do hereby a~a:~,~ ,~ c~,~.,.;_~. (owner(s)), the owner (name of subdivision) A. Dedicate to Collier Counht or the public: The (fights-of-ways for depicted streets, roads, or ingress & egress easements) as shown hereon t.v a. ..... ~.,~, ..... r ,1~ .... kl;,, for the purpose of access, ingress & egress and any other purposes shown. (any tracts or easements intended to be conveyed to the public for such purposes as they may be required, i.e., canal fights-of-way/easements, drainage or stormwater management easements, etc. Bo To Collier County Water-Sewer District Immokalee Water-Sewer District, etc.).' (or any other applicable entity: i.e., all water and sewer utility facilities constructed within this platted area, upon acceptance of the improvements required by the applicable land development regulations. $2_. To Collier County Water-Sewer District (or any other applicable entity: i.e., lmmokalee Water-Sewer District, etc.) i dic d ;r, T T r: x ...;,u ......... a.:,,., v .... n ate , ...... /, ........... v .......... / A Dedicate to the {insert appropriate entity_ nme{s)} (home/property/lot owners' association, or to any other lawfully existing entity, which must have the power or authority to perform the obligation to maintain being dedicated, along with the responsibility for such maintenance): Private road rights of ways~ drainage or stormwater management easements, landscape buffer easements, lake maintenance easements, access easements, or any other similar easement or tract intended to be dedicated for a set purpose(s) (Such tracts or easments must shall be dedicated to a t4h omeowner's h_association or to any other lawfully existing entity which has or would have at the time of final plat recording the power or authority to perform the obligation to maintain, along with the responsibility for such maintenance.) A non-exclusive public utility easement (P.U.E.) to all licensed or franchised public or private utilities as shown on this plat for public utility purposes, including construction, installation, maintenance, and operation of their respective facilities, including cable television services, provided that such uses be subiect to, and not inconsistent with, the use by the collier county water-sewer district. In the event a cable company damages the facilities of another public utility it will be solely responsible for said damages. Reserve to the (state appropriate owner entity(s) name(s)): 1. (any tracts intended for "Future Development," or being retained for other stated, specific purposes.) (BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH OWNER) WITNESSES: BY: ACKNOWLEDGMENT (All dedications and consents are to :ka!! be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes.) WAIVER AND RELEASE NOTE: On , of t-9 20 (the owner sL~.l_ executing the D_dedication, as the holders of appar-em-record title l~or other specified interests)_, expressly waived and released the County from any f:mut-e-claims of vested fights and equitable estoppel pertaining to the issuance of a Certificate of Public Facility Adequacy in accordance with Collier County_ ~'~: 'rT'I~T C' /~C'D"r'T'C'T/'~ A 'T'T/~XT ~"T I'N'DT'I'~A I~AT~ l~rl'l"kArl~O (PLEASE NOTE: AT THE APPLICANT'S DISCRETION, MORTGAGEE'S CONSENTS AND ACKNOWLEDGMENTS IN SUBSTANTIALLY THE FOLLOWING FORM MAY BE PROVIDED AS A SEPARATE INSTRUMENT AS SET FORTH IN § 177.081 (2), F.S., ADDITIONAL RECORDING FEES MAY BE REQUIRED IF SUCH SEPARATE CONSENTS ARE PROVIDED.) MORTGAGEE'S CONSENT STATE OF FLORIDA COUNTY OF COLLIER (mortgagee), authorized to transact business in the State of Florida, hereby certifies that it is the holder of a mortgage upon the herein described property as recorded on O.R. Book , Page of the Public Records of Collier County, and does hereby join in and consent to the dedication of the property by the owner, and agrees that its mortgage shall be subordinated to the dedications shown hereon. NAME TITLE (All dedications and consents are to :,ha!! be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes.) (BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH MORTGAGE) ORIGIN: Community Development & Environmental Services Division AUTHOR: Thomas E. Kuck, P.E., Engineering Review Director; John Houldsworth, Senior Engineer DEPARTMENT: Engineering Services Department LDC PAGE(S):LDC 3:18 LDC SECTION: 3.2.6.4.3 Observation of Construction CHANGE: Strengthen language regarding Certification of ~onstruction by the Engineer of Record and Surveyor of Record REASON: To ensure that the constructed improvements, whether for subdivisions, site development plans, or site improvement plans are constructed in strict conformance with the design standards. FISCAL & OPERATIONAL IMPACTS: By ensuring strict compliance with the design standards, future maintenance / operational costs may be reduced. RELATED CODES OR REGULATIONS: 3.2.6.4.5 Construction inspections by development services director; 3.2.6.5.3 Procedures for acceptance of required improvements; 3.3.5.5.5.7 Completion of site development plans ~ 3.3.5.8 Site improvement plan completion GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact Amend the LDC as follows: 3.2.6.4.3 Observation of construction. The applicant shah have the professional engineer or engineer's representative make periodic site visits at intervals appropriate to the various stages of required improvement construction to observe the contractor's compliance with the approved plans and specifications. At the time of preliminary acceptance, the applicant's professional engineer shah submit a completion certificate for those required improvements completed. The completion certificate shah be based on information provided by the pro,ieet surveyor and the engineer's own observations. The completion certificate shall not be based on "information provided by the contractor". Any discrepancy shall be resolved to the satisfaction of the ~c~'e!r.F-~--c---t en~ineerin~ services director prior to preliminary acceptance of the improvements. ORIGIN: Community Development & Environmental Services Division AUTHOR: Thomas E. Kuck, P.E., Engineering Review Director; John Houidsworth, Senior Engineer DEPARTMENT: Engineering Services Department LDC PAGE(S): LDC3:19 LDC SECTION: 3.2.6.4.5 Construction inspections by ~ en~ineerin~ services director CHANGE: Add specific inspections for which the.... '~ ....· ~---r~-~---~ ..... ° engineering services director must be notified in advance REASON: To ensure that the county is given advance notice of crucial stages of the development improvements FISCAL & OPERATIONAL IMPACTS: Advance notice of the crucial stages of development construction may result in reduced operational / maintenance costs to the county in the future RELATED CODES OR REGULATIONS: Ord. 97-17 Collier County Utilities Standards and Procedures Ordinance GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 3.2.6.4.5 Construction inspections by the ~ eneineerineservices director. Upon approval of the improvement plans by the devel~me~ engineering services director, the applicant's professional engineer of record shall be provided with a list of standard inspections which require the presence of the developme~ en~ineerin~ services director. Notification of all required inspections shah be contained in the approval letter for the development. Based on the scheduling and progress of construction, the applicant shah be responsible to notify the development services director prior to the time these inspections are required. At least 48 hours' notice shah be provided to the de,~lopme~ en~ineerin~ services director to allow scheduling of an inspection. Verbal confirmation of inspection time or a request for rescheduling will be made by the de:'e.~.pme.':-: en~ineerintt services director on each notification made. AH required inspections as noted in the Collier County Utilities Standards and Procedures Ordinance 97-17~ Section 9.4.2 shah require notice to the enllineerinI services director. Also~ the enc, ineerinl services director shall be notified at the following stages of construction~ prior to any paving or concrete work associated with roads or sidewalks~ From time to time, the devek~pm~ engineering services director shah inspect the progress of construction. Should special inspections be required they shall be coordinated through the applicant. The foregoing notwithstanding, routine spot inspections by the de~lopme~ engineering services director may be carried out without notice on aH construction to ensure compliance with the approved improvement plans. During the on-site inspection process, if the dc~'c:c~p.--..c.-.~ engineering services director f'mds construction in progress which does not comply with the procedures, policies and requirements contained in this division or the approved improvement plans, he shah have the full authority to issue a stop work order for the portion of the work not in compliance. If a stop work order is issued, it shall remain in full effect with respect to the defective work until such time as the documented discrepancies have been corrected to the full satisfaction of the ~c~.'c;c.F~c.-:.t engineering services director. ORIGIN: Community Development & Environmental Services Division AUTHOR: Thomas E. Kuck, P.E., Engineering Review Director; John R. Houldsworth, Senior Engineer DEPARTMENT: Engineering Review Services LDC PAGE(S): LDC3:23 - 3:24 LDC SECTION: 3.2.6.5.3 Procedures for acceptance of required improyements CHANGE: Update and expand required inspections for utffities REASON: To ensure compliance with the approved plans and specifications FISCAL & OPERATIONAL IMPACTS: The proposed changes may result in reduced operational / maintenance costs to the county RELATED CODES OR REGULATIONS: Collier County Utilities Standards and Procedures Ordinance 97-17 GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact Amend the LDC as follows: 3.2.6.5.3 (3c) Ail record drawing data for water and sewer facilities pursuant to the provisions of Section 10.4 of the Collier County ~ ~.l ~T~ O0 v.-_"=.~---:: ...... 7~, Utilities Standards and Procedures Ordinance No. 97-17~ as amended. ORIGIN: Transportation Services Division AUTHOR: Dawn Wolfe DEPARTMENT: Transportation Services LDC PAGE(S): 3:32 LDC SECTION: 3.2.8.3.1 CHANGE: Add "as may be amended" to requirements of County's Access Management Policy; revise total to maximum number of access points REASON: To clarify requirements are subject to the County's Access Management Policy as it may be amended. FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts RELATED CODES OR REGULATIONS: Ordinance 82-91, Collier County Right- of-Way Manual GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact Amend the LDC as follows: 3.2.8.3.1 ~4ccess topublic roads. The street system of a subdivision approved pursuant to this division shall be connected to a public road, which is state or county maintained, with adequate capacity as defined by the growth management plan to accept the traffic volumes generated by the proposed development. Unless topography, or a compliance with the County's Access ~ ........ ° Control Policy (Resolution gZ-4~Z-01-247) as may be amended, or LDC Section 3.2.8.4.1 prohibits it, the number of access points to public roads shaH ensure that there are no more than 4,000 average daily trips (ADT) per access point (existing or future). The '.:'.a! maximum number of access points required by this section shaH be six. Proposed developments accessing public roads shaH be subject to the requirements of the Collier County Adequate Public Facilities Ordinance. The connection of any property to a public or private road shah be carried out in conformance with Collier County Ordinance No. 82-91, as amended. ORIGIN: Transportation Services Division AUTHOR: Dawn Wolf DEPARTMENT: Transportation Services LDC PAGE(S): 3:32.1 LDC SECTION: 3.2.8.3.2 Alleys CHANGE: Add language providing for alleys to act as a primary access REASON: Clarify that alleys may be used as primary access based on sound engineering principles FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 3.2.8.3.2 Alleys. Alleys may be provided in industrial, commercial and residential subdivisions. Alleys may be for one-way or two-way traffic. Alleys for one-way traffic only shall have the appropriate directional and instruction signage installed. Alleys shall be utilized for secondary access unless otherwise provided in this code. ORIGIN: Community Development and Environmental Services AUTHOR: Joe Cheatham DEPARTMENT: Waste water Administration LDC PAGE: LDC 3:40.2 LDC SECTION: 3.2.8.3.25 CHANGE: To amend the Subdivision regulations Section 3.2.8.3.25 Water systems to require the installation of dfial water systems in all new subdivisions for the purposes of providing for both potable and used water for recycling purposes. REASON: To acknowledge that water conservation principals demand the recycling and reuse of potable water. This can only be accomplished requiring land developers to install dual water systems so that a separation of potable water from used water can occur and the used put to use for non-potable water uses such as irrigation FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to the county, however, developer costs will increase in direct proportion to the costs of the reuse water system. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 3.2.8.3.25 Water systems, central. A complete water distribution and transmission system to include provision for separate potable and reuse water lines~ and interim water treatment or interim water treatment and supply facilities, if required, shall be provided or employed by the applicant, at no cost to Collier County for all subdivisions and developments. Reuse water lines, pmnps, and other appurtenances will not be maintained by Collier County. County pot_able water will not be permitted for irrigation unless other sources of supplemental water are not permitted or available, therefore the developer will need to provide irrigation water from a source until such time that reuse water may be available. ( See remainder of Sect. 3.2.8.3.25) ORIGIN: Community Development & Environmental Services Division AUTHOR: Stan Chrzanowski, P.E. DEPARTMENT: Engineering Review Services LDC PAGE(S): LDC3.40.2 LDC SECTION: 3.2.8.3.26. CHANGE: Under certain conditions of Proximity to adjacent properties, buildings shall be required to install roof gutters on gable roofs to direct storm water away from directly and adversely conveying water onto the adjacent property. REASON: Increased home sizes and decreasing and inadequate side yards relative to storm water requirements from large roofed structures causes water to shed runoff on to neighboring properties. Current methods of in- ground percolation systems and open retention have not effectively resolved this problem which is exacerbated when next to a building with gable roof. The requirement for gutters on a gable roof will diminish greatly the likelihood of storm water runoff onto adjacent properties FISCAL AND OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Ordinance 90-10 as amended, Storm Water management and Ordinance 98-76, Collier Building Construction Administrative Code. GROWTH MANAGEMENT IMPACTS: None Sec. 3.2.8.3.26 Storm water management. Any structure with an outside wall which is closer than 10 feet from a side property line shall install properly sized ( minimum 24 square inch cross section) gutters and downspouts to direct storm water away from neighboring properties and toward front and/or rear swales or retention/detention areas. In-ground percolation type retention systems such as rock trenches, exfiltration trenches or beds, infiltrator type systems, Gallery_ type systems, etc., shall not be used to achieve water quali _ty retention for residential subdivisions. Rear yard open retention systems shall likewise not be designed to achieve water quality retention on project.~ submitted after January 1, 2002. All retention systems for projectq designed at~er January 1, 2002 shall be on common property owned and maintained by a Homeowners Association or similar entity. ORIGIN: Transportation Services Division AUTHOR: Dawn Wolf DEPARTMENT: Transportation Services LDC PAGE(S): 3:41 LDC SECTION: 3.2.8.4.1 Access CHANGE: Delete Figures 1, 2, 3; amend and delete certain language REASON: Update requirements TISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 3.2.8.4.1,4ccess. Access to lots within a subdivision shall be designed to accomplish access to the lots by use of local streets. Access to residential lots shall be in accordance with Ordinance [No.] 82-91 [superseded by · n Construction ll~"~, art. ,,itu, ,k ordinance found Code Standards handbook for work within the public right-of way Ordinance No. 93-63, be m~ ecllcctcr: ......... Delete Figure 1 Delete Figure 2 Delete Figure 3 o~-~aS,-lh~--lntermi~ent access points to the marginal access road shah be a minimum of 660 feet apart. Access points to the marginal access roads shall be provided with appropriate turn lanes, signalization or other necessary traffic control measures. When double-frontage lots are created adjacent to a collector or arterial street and a local street, they shah front on the local street, which shah provide access to said lot. Access to the lot shah not be provided by means of the major collector or a~terial street. In such cases, the lot shah be buffered as required herein. Access management regulations as required by the Growth Management Act, when implemented, shah supersede this section where applicable. Where access locations are not consistent with the County's Access Management policy, a separate access capacity analysis shah be required to identify capacity impacts and appropriate mitigation. In the case of commercial or industrial subdivisions which contain or include parcels which are separated by common parking area or other common area, sometimes referred to as "outparcels", "anchor store parcels", or "fee simple footprint parcels", or an integrated phased development as defined in Article 6, access shall be created through an internal access provision documented on the f'mal subdivision plat. Internal access provisions shown on the f'mai subdivision plat shah include by way of example, but not limited to, cross-covenants, cross-easements, dedicated access tracts, or the like, and shall clearly and specifically identify the dominant and servient estates involved, and the scope and duration of such internal access provision. ORIGIN: Transportation Services Division AUTHOR: Dawn Wolf DEPARTMENT: Transportation Planning LDC PAGE(S): 3:43 LDC SECTION: 3.2.8.4.3 Blocks CHANGE: Add and delete certain language REASON: Clarification FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 3.2.8.4.3 Blocks. The length, width and shape of blocks shall be determined with due regard to: 1. Zoning requirements as to lot size and dimensions. 2. Need for convenient access, circulation, control and safety or vehicular and pedestrian traffic. 3. Limitations and opportunities of topography, including all natural and preserved features identified. Where special topographical conditions exist, block lengths greater than 660 feet ma,-shaH be approved by the Community Development and Environmental Services Administrator pursuant to section 3.2.7.2. Traffic calming devices, as approved by the Neighborhood Traffic Management Program, shah be provided in block lengths greater than 660 feet. ~ -' .............................. ORIGIN: Transportation Services Division AUTHOR: Dawn Wolf DEPARTMENT: Transportation Planning LDC PAGE(S): 3:49 LDC SECTION: 3.2.8.4.16 (5) Street right-of-way width CHANGE: Revise widths of collector and arterial roads REASON: Expand required widths FISCAL & OPERATIONAL IMPACTS: By revising minimum widths of collector roads, the county may save the cost to purchase land in the future to widen roads RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 3.2.8.4.16 (5) Street right-of-way width. The minimum right-of-way widths to be utilized shall be as follows and, where applicable, shall be clarified by the cross sections contained in appendix B, and will be directly related to traffic volume as indicated in the definition of each street continued herein and where applicable clarified by the cross sections contained in appendix B. Private street right-of-way widths and design may be determined on a case-by-case basis in accordance with section 3.2.7.2. R/W Width* Street Type Lane Width All Streets (feeO lanes Cul-de-sac 60 2 Local 60 2 Minor collector 69 80 2 Minor collector ..... :__~ cA_ ~:_::..: ,...a 2 (divided) ~ 80-100 Major collector or ~ as determined for 2 Minor Arterial* median and turn lanes Number of (feet) 10 10 11-12 11-12 11-12 Note: Any rural cross sections approved may require expanded right-of-way widths for additional shoulder and swale facilities. Design to be approved on a case-by-case basis. *If an alley is utilized, the right-of-way width may be reduced upon approval of the C~mmun"..~' ~c;'c!c.~mcn+- ~.n~ E---~'~r~---mcn?-~ Transportation Services Administrator. ORIGIN: Community Development & Environmental Services Division AUTHOR: Dawn Wolfe DEPARTMENT: Transportation Planning Department LDC PAGE(S): LDC 3.67 LDC SECTION: Sec. 3.3.5 CHANGE: To amend section 3.3.5.2 by adding thereto, regulation that gives jurisdiction to Collier County in the determination of road access to the County's major road system as a function of the review and approval of all site development plans. REASON: Oftentimes PUD master plans illustratively show access points to the County,s major road system. This gives the owner/entity of the land the impression that this approval over-rides any bona fide traffic planning reasons why the access points need to be altered to satisfy best traffic planning standards. It is important that the ultimate decision to determine where access points to the County,s major road system are to be located rests with Collier County at the time the land is ripe for development. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Will more definitely carry out the goals and objectives of the Traffic Element of the GMP. Amend the LDC as follows: Sec. 3.3.5.2 Development compliance with all appropriate zoning regulations and the growth management plan. The ingress and egress to the proposed development and its improvements, vehicular and pedestrian safety, separation of vehicular traffic fi'om pedestrian and other traffic, traffic flow and control, traffic calming devices, provision of services and servicing of utilities and refuse collection, and access in the case of fu'e or catastrophe, screening and landscaping. Notwithstanding the requirement to comply with the foregoing provisions, the depiction on the PUD master plan or description of access points in a PUD ordinance does not authorize or vest access to a major road system. The location, design, capacity, or muting of traffic for any specific access point will be determined by, and must comply with the regulations for a site development plan in effect at the time of site development plan approval. ORIGIN: Community Development & Environmental Services Division AUTHOR: Thomas E. Kuck, P.E., Engineering Review Director; John Houldsworth, Senior Engineer DEPARTMENT: Engineering Review LDC PAGE(S): LDC3:74 LDC SECTION: 3.3.5.5.7 CHANGE: Add requirements for record drawings, engineer's certification prior to certificate of occupancy REASON: To ensure that the improvements are completed in substantial accordance with the approved plans and specifications FISCAL & OPERATIONAL IMPACTS: This revision may result in reduced future operational / maintenance cost to the county RELATED CODES OR REGULATIONS: Collier County Utilities Standards and Procedures Ordinance 97-17, as amended; LDC Section 3.2.6.4.3 Observation of construction; LDC Section 3.2.6.4.5 Construction inspections by development services director GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact Amend the LDC as follows: 3.3.5.5.7. Completion o_fSite Development Plans. Upon completion of the infrastructure improvements associated with a site development plan, and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together will all applicable itern.q referenced in Section 3.2.6.5.3 of this code. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. ORIGIN: Community Development & Environmental Services Division AUTHOR: Thomas E. Kuck, P.E., Engineering Review Director; John Houidsworth, Senior Engineer DEPARTMENT: Planning Services LDC PAGE(S): LDC3:75 LDC SECTION: 3.3.5.8 Site improvement plan completion CHANGE: Add requirements for record drawings, engineer's certification prior to the issuance of a certificate of occupancy REASON: To ensure that the improvements are completed in substantial accordance with the approved plans and specifications FISCAL & OPERATIONAL IMPACTS: This revision may result in reduced future operational / maintenance cost to the county RELATED CODES OR REGULATIONS: LDC Section 3.2.6.4.3 Observation of construction; LDC Section 3.2.6.4.5 Construction inspections by development services director GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact Amend the LDC as follows: 3.3.5.8 Site improvement plan completion. Upon completion of the required improvements associated with a site improvement plan~ and prior to the issuance of a certificate of occupancy~ the engineer shah provide a completion certificate as to the improvements~ together with all applicable items referenced in Section 3.2.6.5.3 of this code. Upon a satisfactory inspection of the improvements~ a certificate of occupancy may then be issued. ORIGIN: Transportation Services Division AUTHOR: Dawn R. Wolfe DEPARTMENT: Transportation Planning Department LDCE PAGE(S): LDC3.70 LDC SECTION: 3.3.7.1.2 CHANGE: To add sub item q as follows; "Off-site access roadway, elevation, buildings and other physical features a minimum of 200 feet from the property unless other wise determined necessary or feasible by the Planning Services Director or Transportation Planning Director" Reason: To provide adequate information concerning the cumulative impact of adjacent property in making access decisions. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGUALATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None AMEND LDC as Follows: Sec. 3.3.7.1.2 q. Off-site access, roadway elevation, building and other physical features a minimum of 200 feet fi.om the property unless otherwise determined necessary or feasible by the Planning Services or Transportation Planning Director ORIGIN: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES AUTHOR: Stan Chrzanowski, P.E. DEPARTMENT: Engineering Review Services LDC PAGE(S): LDC3:I03 LDC SECTION: 3.5.9.3 CHANGE: To delete the existing road impact fee methodology for excavations and adopt a new methodology for calculating impact fees. REASON: The existing road impact fee for excavations is based on road capacity. It is the consensus among concerned Divisions that the greatest impact is to the road structure itself because fully loaded fill trucks are cause of damage to the road surface, base, and subbase. The revised fee is based on the Transportation Department's estimate of the actual cost to repair roads versus the hauling of a given amount of fill material. Capacity related impact fees will be collected when the site is approved for its ultimate use. FISCAL AND OPERATIONAL IMPACTS: Funds currently going toward new road construction will be placed into an account for road repair. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT IMPACT: None Amend the LDC as follows: Sec 3.5.9 Fees 3.5.9.3. Road damage repair fee. The road damage repair fee attributable to the hauling of excavated fill material across eoun _t3t roads is $0.047 (4.7 cents) per cubic yard of excavated fill material. The fee is to be paid yearly. The first year's fee is to be estimated by the Communi _ty Development and Environmental Services Division based on information submitted by the applicant. Subsequent yearly fees will be based on the previous year's total excavation that appears on the annual status report ( sec. 3.5.8.2.1.2.a(3). ORIGIN: Community Development & Environmental Services Division AUTHOR: Stan Chrzanowski, P.E. DEPARTMENT: Engineering Review Services LDC PAGE: LDC 3:116 LDC SECTION: 3.6.5. 6. 10 CHANGE: To add a new subsection for the purpose of requiring concrete pads to be constructed around the heads of private wells in all cases where private wells provide a source of potable water. The pads are to be at an elevation sufficient to prevent accidental contamination from flooding. REASON: Recent rainfalls have produced local flooding throughout ali of Collier County. This flooding has the capability of contaminating private wells, which may, in turn, contaminate the aquifer. A hardened wellhead constructed to the appropriate elevation will reduce the incidence of this type of occurrence. FISCAL & OPERATIONAL 1MPACTS: None RELATED CODES OR REGULATION: None GROWTH MANAGEMENT IMPACTS: None Amend the LDC as follows: Sec. 3.6. 5.6. 10 Wellhead protection. Immediately following construction of any private well used for potable water in the Golden Gate Estates and Agricultural/rural designated areas on the future land use map to the future land use element of the growth management plan, a concrete slab with dimensions of four (4) feet by four (4) feet by four (4) inches thick shall be placed around the well casing at an elevation of 18 inches above the crown of the nearest public road, or at the same elevation as the floor slab of the building which the private well serves, whichever is lower. The slab shall be reinforced with 4 each pieces of g4 reinforcing steel. The ground around the slab shall be flat for a distance of 2 feet fi.om the edge of the slab and then shall slope at a grade of 1 foot vertical to each 4 feet of horizontal distance down to the ori~nal grade. ORIGIN: Transportation Services Division AUTHOR: Dawn D. Wolfe DEPARTMENT: Transportation Planning Services LDC PAGE(S) LDC3. 164, 167, 169, 170, 175, 176 LDC SECTIONS: 3.15.3.21.1, 3.15.3.25, 3.15.3.28, 29.1, 30, 3.15.6.4.1, 3.15.6.2.2, 3.15.6.4.2.3 Changes: 3.15.3.21.1 method for determining level of service calculations, 3.15.3.25 add provision for consistency with Transportation Element of the GMP, 3.15.28,29.1 & 30,reference the 2000 Edition of the HCM, 3.15.6.4.1, replace reference to MPO Chief and change Transportation Services Department Director to Transportation Services Administrator, 3.15.6.2.2, same as above, 3.15.6.4.2.3, same as above and change 1985 to 2000. REASON: To accomplish changes in administrative references and level of service method of calculation. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend LDC as Follows: Sec. 3.15.3.21.1 Level of service calculation for roads mean calculations that are performed annually following the end of the calendar year by comparing average annual daily traffic counts to the annual average daily traffic service volume look up tables in the traffic circulation element. These tables are calculated to express the annual average daily traffic volumes based upon the 100m highest volume hour of the year, or peak season, peak hour. a ..... ~ ,- .... ,~ ..... ............ , ......... +~a: .... ~. ~.c,k~ c ............ co,. ...... Annual average daily traffic (AADT) shall be calculated consistent with the methodology established by the Florida Department of Tran~portation (FDOT). ~.. :~--~v...~ .v..~ ....... ._.~ ....... .... ~ .~ -~ ~. ~:-~- .,,.._,ul ........ --*~-'-. r-.~t.~- Level-of-service calculations for roads means the comparison of annual average daily traffic service volumes and the cumulative traffic of approved development to the most current anm_!al average daily traffic service volumes as developed and maintained by the Transport_ati_on Planning Department, and the comparison of calculated peak season, peal hour counts and cumulative traffic of approved traffic, peak season service volume. Sec. 3.15.3.:15 LOS for capital road facilities on the major road network system--shall not be less than those set forth in the Transportation Element of the Growth Management ~__,L~.'. ~q'~,~ T t"~O ~,., .l.,~ ~11 .... ; ....... * ..... ,.!~ i~ 1' t"kC' "~"" ...,~L,- ......... 1, I..,,, ..... . 0 D' Road Ri&fa! P. rea Area C C D D D D D D Sec. 3.15.3.28 LOS "C" peak season, peak hour is in thc range of stable flow, but marks the beginning of the range of flow in which the operation of individual users becomes significantly affected by interactions with others in the traffic stream. The selection of speed is affected by the presence of other, and maneuvering either thc traffic stream requires substantial vigilance on the part of the user. The general level of comfort and convenience declines noticeably at this level. LOS"C" peak season, peak hour, is based on the 100th highest hourly traffic volumes during a calendar year for the various types of roads defined by Special D_.,.-, -,,an ,, .-vt, ...... the 2000 Edition of the Highway Capacity Manual" Transportation Research Board, National Research Council, Washington, D.C., Sec. 3.15.3.29 -LOS "D" peak season, peak hour represents a high-density, but stable, flow. Speed and freedom to maneuver are severely restricted, and the driver or pedestrian experiences a generally poor level of eom_fort and convenience. Small increase in traffic will generally cause operational problems at this level. LOS"D" peak season, peak hour, is based on the 100th highest hourly traffic volumes during a calendar year for the various types of roads defined by c~:~, r~.~ '~nn ,, ~'~' ....... v ...... the 2000 Edition of the Highway Capacity Manual" Transportation Research Board, National Research Council, Washington, D.C., See. 3.15.3.29.1 LOS "E" peak season, peak hour represents operating conditions at or near capacity. All speeds are significantly reduced. Freedom to maneuver is difficult. Comfort and convenience is extremely poor, and motorist frustration is generally high. LOS"E" peak season, peak hour, is based on the 100th highest hourly traffic volumes during a calendar year for the various types of roads defined by~.t.~;~ ..... P. epe.."t ~..~'mn the 2000 Edition of the" Highway Capacity Manual" Transportation Research Board, National Research Council, Washington, D.C., ~ See. 3.15.3.30 Peak season, peak hour is considered to be the 100t~ highest volume of the year, and is the basic time reference used to calculate levels of service using the definitions and methodologies of the 1995 year 2000 Highway Capacity Manual ( or its current edition). For planning and concurrency applications, peak season, peak hour conditions are converted to annual average daily traffic (AADT) level of service maximum volumes and are presented in a series of look up tables adopted in the traffic circulation element of the growth management plan. See. 3.15.6.4.1 Establishment of area(s) of significant influence (ASI). If the finding of the AUIR analysis identify additional road improvement projects needed to maintain adopted LOS, they may be included in the road component of the proposed annual CIE update and amendment at the discretion of the board. Based upon board direction on inclusion of additional road projects, the community development and environmental services division administrator, inn conjunction with th~-~iP4~-~d~f-Transportation Services Administrator and ~n,.--= "' t---"' t .,.,. a~ .... · a:.~,,, may propose and identify one or more areas of significant influence (ASI)--(same as current). See. 3.15.6.2.2 Standards in determining area of significant influence (ASI). The Community Development and Environmental Services Division Administrator in conjunction with the x~O Transportation Services Administrator shall examine traffic movement patterns and shall then prepare a map(s) that detail the location of the proposed ASI(s). Such map(s) shall then be presented to the board of county commissioners at a regularly scheduled meeting for its review. The following standards shall guide the Community Development and Environmental Admini ~ ~ ' ~ Services strator ~ ............... ~-.... v ...................~' ............... Transportation Services Administrator in developing these proposed ASI's. (Remainder unchanged) Sec. 3.15.6.4.2.3 Determining annual residential capacity trips. The Community Development and Environmental Services Division Administrator in conjunction with the ,- --,-.-. · ~,: .... ~--~;: ............Tran~ortat~_on Services Administrator shall complete a detailed conditions analysis of the deficient or potential deficient road segment within each proposed ASI boundary prior to proposing the boundaries of the ASI. The analysis shall take into consideration characteristics of the road segment( such as traffic control, signal spacing, timing and phasing) using procedures documented in the 19gl year 2000 Highway Capacity Manual (or its current edition). (remainder unchanged) ORIGIN: AUTHOR: Kevin H. Dugan, Chief Environmental Specialist DEPARTMENT: Pollution Control & Prevention LDC PAGE: LDC3:196 LDC SECTION: 3.16.4.1.2.1.1 CHANGE: REASON: per Final Order FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.16.4.1.2.1.1 In zones W-l, W-2, W-3, W-4 and GAgt~, furore solid waste disposal facilities are prohibited in the absence efa wel!fie!d zr_,nd'.'t;.ena! 'age pe_rmit. In the GWP, future solid waste disposal facilities are prohibited in the absence of a wellfield conditional use permit. LDC AMENDMENT/ / ORIGIN: AUTHOR: Kevin H. Dugan, Chief Environmental Specialist DEPARTMENT: Pollution Control & Prevention LDC PAGE: LDC3:197 LDC SECTION: 3.16.4.1.4.1.1 CHANGE: REASON: per Final Order FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.16.4.1.4.1.1 In zones W-l, W-2, W-3, future solid waste transfer stations are prohibited LDC AMENDMENT/ / ORIGIN: Community Development & Environmental Services AUTHOR: Kevin H. Dugan, Chief Environmental Specialist DEPARTMENT: Pollution Control & Prevention LDC PAGE: LDC3:197 LDC SECTION: 3.16.4.1.6. I.2 CHANGE: REASON: per Final Order FISCAL & OPERATIONAL IMPACTS: none RELATED CODES OR REGULATIONS: none 3.16.4.1.6.1.2 In zones W-l, W-2, W-3, future solid waste storage collection and recycling facilities that will handle hazardous products and hazardous wastes shall be prohibited in +~'~ ~' ......c ..... u~.~ ~^~.4;,;^~, .... · ......................................... pe~t. LDC AMENDMENT/ / ORIGIN: Community Development & Environmental Services AUTHOR: Kevin H. Dugan, Chief Environmental Specialist DEPARTMENT: Pollution Control & Prevention LDC PAGE: LDC3:203 LDC SECTION: 3.16.4.3.3.1.1 CHANGE: REASON: per Final Order FISCAL & OPERATIONAL IMPACTS: none RELATED CODES OR REGULATIONS: 3.16.2.6 3.16.4.3.3.1.1 All future land disposal systems for application of domestic wastewater treatment plant effluent shall be constructed and permitted in accordance with applicable state law and regulations, and comply with the state-mandated setbacks and buffers as adopted in the Florid Administrative Code and as incorporated by reference in section 3.16.2.6 hereof; and must meet the high level disinfection standards as found in 40 CFR part 135. LDC AMENDMENT/ / ORIGIN: Community Development & Environmental Services AUTHOR: Kevin H. Dugan, Chief Environmental Specialist DEPARTMENT: Pollution Control & Prevention LDC PAGE: LDC3:205 LDC SECTION: 3.16.4.5.1.1.1 through 3.16.4.5.1.1.5 CHANGE: REASON: per Final Order FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.16.4.5.1.1.1 All existing legal nonconforming and future domestic residual disposal sites shall have been constructed and permitted in accordance with Collier County Ordinance No. 87-79 [Code ch. 54, art. V], as may be amended or superseded, and all applicable state and federal law and regulations, and comply with the state- mandated setbacks and buffers as adopted in the Florida Administrative Code and incorporated by reference in section 3.16.2.6 hereof. 3.16.4.5.1.1.2 Existing domestic disposal sites not meeting the criteria for a legal nonconforming use, shall within one year of the effective date of this division [November 18, 1991], come into compliance with the standards set forth in this subsection. 3.16.4.5.1.1.3 In zone W-l, land application of class A domestic residuals shall be permitted in accordance with the standards of section 3.16.4.5.1.1.5 hereof. 3.16.4.5.1.1.4 In zone W-I, land application of class B and class C domestic residuals is prohibited in the absence of a wellfield conditional use permit. 3.16.4.5.1.1.$_2 In zones W-l, W-2, and W-3, land application of domestic residual shall comply with the following criteria: A. Metal concentrations ef ea~,..-r'2~m, ~ .... ~,.~ _:~t~ ~.~ ~,;,,,, shall not exceed the thresholds set forth in Rule -1-g 62-640, Florida Administrative Code, as may be amended, c .... c .............. ~.. .~ .... ~;~.,,~,~ me~l B. The total rate of domestic residuals applied to land shall not exceed the nitrogen uptake of the vegetation upon which the residuals are being applied, and shall be consistent with Collier County Ordinance No. 87-79 [Code ch. 54, art. V], as may be mended or superseded, and chapter -1-7 62-640, Florida Administrative Code, and 40 CFR parts 256 and 257, and as may be superseded. C. If domestic residuals are applied to a site that is receiving reclaimed water, the nitrogen uptake calculation shall include the combined effect of nitrogen loading from both domestic residuals and reclaimed water applied to the site as provided in Rule t-7 62-640, Florida Administrative Code. D. Land application of domestic residuals is prohibited in the absence of a wellfield conditional use permit. LDC AMENDMENT/ / ORIGIN: Commuaity Development & Environmental Services AUTHOR: Kevin H. Dugan, Chief Environmental Specialist DEPARTMENT: Pollution Control & Prevention LDC PAGE: LDC3:209 LDC SECTION: 3.16.4.11.1.1.1 through 3.16.4.11.1.1.4 CHANGE: REASON: per Final Order FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.16.4.11.1.1.1 In zones W-1 and W-2, future petroleum exploration or production facilities; and expansion of existing petroleum exploration or production facilities shall be prohibited. water; Emergency a. Lcea! ar.a- :t=te re:pcnae v:.~t:; 3.16.4.11.1.1.-4-2 In zones W !, W 2, W-3 and W-4, the siting of future petroleum exploration and production facilities is prohibited in the absence of a wellfield conditional use permit. LDC AMENDMENT/ / ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGE(S): LDC 6:66 LDC SECTION: Division 63 Definitions; Yard, front CHANGE: Add language inadvertently deleted from previous amendment REASON: Restore language inadvertently deleted FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. Where comer lots or record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code: (1) only one full depth front yard shall be required, (2) all other front yards shall be not less than 50 percent of the otherwise required front yard depth exclusive of any right-of-way, or right-of-way easement except that in the E estates district this depth may not be less than 15 feet exclusive of any right-of-way or right-of-way easement and the full depth front yard shall be located along the shorter lot line along the street. In the case of shoulder lots which conform to the minimum lot width and area requirements of the zoning district, the required front yard adjacent to the longest street may be reduced by five feet providing that in no case may this yard be less than 25 feet. In the case of through lots, unless the prevailing front yard pattern on the adjoining lots indicates otherwise, a full depth front yard shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the development services director may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots. Depth of a required front your shall be measured so that the yard established is a strip of tho. minimum width required by the district regulations with its inner edge parallel to the front lot line. In the cases of irregularly shaped lots, including culs-de-sac, the depth may be measured -at fight angles to a straight line .joining the foremost points of the side lot line, provided the depth _at any i~oint is never less than the minimum length of a standard parking space as established within section 2.3.4. of this code. However, in the Golden Gate Estates Subdivision~ unimproved perimeter and bisecting acce¢-~ easements, or improved access easements serving three or fewer lots of record, shall not constitute a front yard for the purpose of establishing building setback lines Where lots in residential districts comprising 40 percent or more of'the frontage on one side of a street between intersecting streets are developed with structures having an average front yard with a variation of not more than six feet, no building thereafter erected shall pro. jeer beyond the average line so established. This provision applies in all residential zoning districts and to all residentially designated areas. ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: Clarify that alleys may be engineering principles. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Transportation Services Division Dawn Wolfe Transportation Planning 6:8 6:3 Definitions Delete language allowing alleys to provide primary access. used as primary access based on sound Amend the LDC as follows: Allnv' A vublic or avvroved pnvate way wmen a~ords ,,~ ~:~,-,~---~,- abuttang properties. Ara ORIGIN: Transportation Services Division AUTHOR: Dawn Wolfe DEPARTMENT: Transportation Planning LDC PAGE: 6:35 LDC SECTION: 6.3 Definitions CHANGE: LOS to be consistent with the Transprotation Element of the Growth Management Plan. REASON: Clarify current roadway segment LOS requirements. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Consistency Amend the LDC as follows: LOS for capital road facilities: SR °.,2 ORIGIN: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AUTHOR: SUSAN MURRAY, AICP DEPARTMENT: PLANNING SERVICES LDC PAGE(S); LLDC6.36 LDC SECTION: DIVISION 6.3 CI~IANGE: To provide a definition for the phrase "lot coverage" and "principal structure". REASON: Most zoning districts contain a reserved section for regulating the maximum amount of land area that may be covered by buildings. It is intended to add the regulation to those districts for which there is justifiable reasons to regulate the maximum amount of lot area that may be covered with buildings. Given this intention it is only appropriate that the words lot coverage be defined. The absence of definition of what constitutes a principal structure had lead to administrative difficulties which can be avoided by a definition of what constitutes the principal structure as distinct from an accessory structure. This is particularly true in the determination of rear yard set backs where typically an accessory structure is allowed to locate nearer the rear lot line than the principal structure. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Div. 6.3. Def'mitions Lot Coverage: The pan or percen_~__ge of the lot occupied by principal and accessory buildings and structures Principal Building: Any building or pan of a building in which the principal function or activity for which the land is zoned is conducted shall be deemed to be the principal building and includes any structure having a roof impervious to weather, irrespective of whether or not in a single or multiple buildine configuration in which principal uses are conducted as distinct from subordinate uses as defined under accessory uses and structures. x ,, i ! ORIGIN: Community Development & Environmental Services Division Author: Susan Murray, AICP DEPARTMENT: Planning Services LDC PAGE(S): LDC2.41, 2.45, 2.49, 2.52.2, 2.57 LDC SECTIONS: 2.2.12.1, 2.2,13.1, 2.2.14.1, 2.2.15.1, 2.2.15~n.1 CHANGE: To revise the Purpose and Intent statement for each of the above cited sections C-1, C=2, C-3, C-4, & C-5 respectively. REASONS: The current purpose and intent statements for each commercial zoning district does not adequately establish the bases for allowing certain commercial land uses. The purpose and intent statement should accurately reflect the type of land uses that the commercial district is Structured to achieve. There is great disparity between the current description of purpose and intent statement as it applies to each commercial zoning district and the land uses permitted by that zoning district. This is an attempt to define the purpose and intent statements to more closely reflect the type of commercial development intended by the permitted uses. Specifically the changes reflect the following philosophy: C-l- Expanding the title to include general offices as well as professional offices recognizes the fact that the current C-1 district currently permits many offices that fit the description of general office space, therefore any limitation of the title to professional suggests that any other type of office space is prohibited. This is not the intent of the C-1 district. The thrust of the C-1 district is based upon the premise that office land uses make for a more compatible relationship with nearby or contiguous residential areas in keeping with the transitional relationship attributed to the C-1 district. C-2- The C-2 district as its title suggests is intended to provide convenience goods and services to the nearest residential neighborhood areas and for that reason has historically been defined as neighborhood commercial areas. It follows then that those uses be limited to those activities that can be economically sustained by a relatively small trade area and would therefore not include the types of goods and services for which people compare prices. The current list of uses go beyond this threshold and therefore staff will use this opportunity if approved to more narrowly circumscribe the list of permitted uses. C-3= Historically the C-3 zoning district was defined to meet the need for goods and services at the community level, meaning a service area circumscribing several neighborhoods. This level was generally consistent with the notion of a shopping center anchored by a supermarket. Comparison shopping goods is also a feature but much less so than is expected at the C-4 level. Again the current C-3 district goes somewhat beyond this historical limitation and if approved staff will use this direction to limit permitted uses to this purpose and intent statement. C-4- The C-4 zoning district is the traditional regional aggregation of businesses or the regional shopping center characterized by department stores and other big box retailers and other merchandize requiring the market support of the entire region such as automobile and marine vessel dealerships. C-5- The C-5 district is a hybrid commercial and light industrial district by its historical derivation. Consequently many of the permitted uses are service oriented, are uses that require outdoor space to conduct the business such as used automobiles, or contractors businesses requiring warehouse type space. It is the most diverse of all of the C districts and as such should be removed from residential areas to the greatest extent possible. AH C-5 zoning districts are comprised of lands that were vested under the zoning re-evaluation program and consequently do not enjoy the most optimum relationship to residential areas in all cases. FISCAL & OPERATIONAL IMPACT: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 2.2.12.1. Purpose and intent. ~ C I ....... ;~1 _.~_~,,~.~ ,4;~, ;~ ;_,~_,4~ ~... The C-1 commercial professional and general office district is intended to bring about a concentration of office type buildings and land uses t_bat tend to be most compatible with and near residential areas, inasmuch as most C-1 commercial professional and generm office districts are contiguous or as part of a PUD will be placed in close proximity to residential areas, and, therefore serve as a transition zoning district. The types of office uses permitted are those do not have high traffic volumes throughout the day and extend into the evening hours. They will have morning and evening short term peak conditions. The primary thrust of the market support for these office uses are expected to be those with a more localized bases of market support as opposed to office functions reo_uiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when a.~._m', egations are encoura~eck as in this case, certain personal service uses shall be permitted to provide a convenience to office based employment. However, such convenience commercial uses shall be made an integral part of an office building as opposed to a singular use of a building. Housin~ may also be a component of the commercial professional and general office district development as provided for a conditional use and as further provided to meet the goals and objectives of the office and infill commercial subdistriet provisions of the furore land use element of the comprehensive growth management plan. Sec.2.2.13.1 Purpose and intent. The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide small scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will tend to expand the traditional neighborhood size, however, insofar as retail and service uses are concerned this district intends that those retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore the thrust of the retail and service uses should be on goods and services that households require on a daily bases as opposed to those goods ana services that households seek out for the most favorable economic price and therefore require much larger trade areas. It is intended that the C-2 district implements the Collier County growth management plan within those areas designated agricultural/rural; the neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban-mixed use district of the future land use element permitted in accordance with the locafional criteria for commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. The maximum density permissible in the commercial convenience district and the urban-mixed use land use designation shall be guided in part, by the Collier County growth management plan. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. Sec. 2.2.14.1 Purpose and intent: The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended-ia for areas that-ha~ expected to experience a higher degree of automobile traffic. The type and variety of goods and services are those that provide opportunities for comparison shopl~ing and would have a trade area consisting of several neighborhoods and be located at the intersection of two arterial level streets. All activity centers meet this standard_ ~ This district is further intended to allow all of the uses permitted in the C-1 and C-2 zoning districts as many of the uses permitted in these districts are typicall'~r included in C-3 aggregations of commercial development, such as but not limited planned shopping centers. This district is not intended to permit wholesalin~ type, enterprises, or activities that have associated with them the need to require outsidn storage of equipment and merchandize on a permanent bases. Incidental outside storage, of merchandize is permitted when clearly accessory to the principal use, which shall be removed at the end of each business day. A mixed use project containing a residential .component is permitted in this district subject to the criteria herein established. The C-3 district is permitted in accordance with the locational criteria for commercial and the' goals and objectives and policies as identified in the future land use element of the Collier County growth management plan. See. 2.2.15.1 Purpose and intent. The p~-'pc, ae ~-a ,., · ^C +h~, ...... 4) is intend~ to provide for ~ose t~es of actihties that have ~e capabiliW of a~cfin~ l~ge se~ents of the population at the s~e time by vi~e of scale, coupl~ ~ ~e t~e of acfi~W, be it a l~ge reeler or o~er people a~tor v~ue~ ~e p~ose ~d intent of the C-4 disffict is to provide ~e oppo~ for ~e most ~v~e ~ of co~i~ aeti~ties deliv~g g~s ~d se~ces, ~d ~t~inm~t ~d /or r~reation~ a~ctiom. ~ such ~1 of ~e uses peered ~ ~e C-1 ~ou~ C-3 ~sffict ~e also p~R~ in ~e C4 dis~ct b~ause ~e C-4 ~s~ct by i~ inh~t ~v~iW of co~ercial acti~ties ~11 include ~ese uses but more l~elg at a l~ger sc~e. ~e ou~ide storage of m~ch~e md ~pm~t is prohbit~ exert to ~e ext~t ~at s~d m~ch~e ~d ~pm~t is ~q~iat~ ~ ~e comm~i~ ~fi~W conduct~ on site such m but not ~t~ to automobile s~, m~e v~sels, ~t~ ~d lemqing eqffipm~. Acfi~W cent~ ~d existing C4 zoning ~s~c~ ~e d~ s~le l~om for ~e m~ p~R~ by ~e C4 dis~ct, inmqmuch ~ ~ ~fi~W locat~ at the ht~fion of ~efi~ ro~s ~d is ~efore most cap.lc of sustained by the tran-~'portation network of major roads. ....... r'-,-~,, ----- bu ":e". Thc C-4 district is in accordance with the locational criteria for commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. See. 2.2.15 V~.I Purpose and intent. In addition to the uses allowed in the C-4 zoning district, the heavy commercial zoning district (C-5) allows a range of more intensive commercial uses and services generally those uses that tend to utilize outdoor space in the cohduct of the business. The C-5 district permits heavy commercial services such as full - service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractors offices, plumbing, heating and air- conditioning services, and similar uses that typically have a need to store construction. associated equipment and supplies within an enclosed structure or otherwise have, showrooms disolaving the building material for which they specialize. Outside storag~ yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria fore commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. Thc. ORIGIN: Community Development & Environmental Services Division AUTHOR: Susan Murray, AICP, Current Planning Manager DEPARTMENT: Planning Services LDC PAGE(S): LDC 2:10 LDC SECTION: 2.1.15 CHANGE: To amend section 2.1.15 to require that a request for a formal interpretation of the Land Development Code pursuant to Division 1.6 be required, where any zoning district uses the phrase "any other use which is comparable in nature with the foregoing uses ... consistent with the permitted uses and purpose and intent statement of the district.., or the similar phrase which provides for a use which is not clearly defined or described in the list of permitted and conditional uses and requires the discretion of the Planning Services Director as to whether or not it is permitted in the district REASON: There has been inconsistency in the application of Division 1.6 as to when a formal interpretation is required to determine whether or not a use is permitted in the district under the "catch ali" phrase which allows the Planning Services Director or other staff to make an interpretation of whether or not a use is comparable to other uses in the district. Providing for the requirement of an official interpretation will require a planning level analysis be conducted on the proposed use, and the public to be notified. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 2.1.15. Prohibited uses and structures. 6. In any zoning district, where the list of permitted and conditional use~ contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or an,/similar phrase which provides for a use which is not clearly defined or described in the list of permitted and conditional uses, which requires the discretion of the Planning Services Director or other staff as to whether or not it is permitted in the district then the determination of whether or not that use is permitted in district shall be made through the process outlined in Division 1.6, Interpretations.