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Documents 11/04/2002 WBOARD OF COUNTY COMMISSION RS BCC-LDC WORKSHOP MEETING NOVEMBER 4~ 2002 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement [] Other: (Display Adv., location, etc.) Originating Dept/Div: Comm. Dev. Serv./Planning Person: Date: /~ Petition No. (If none, give brief description): N/A Name & Address of any person(s) to be notified by Clerk's Office: Susan Murray, Current Planning Manger, Planning Services, 2800 North Horseshoe Drive Hearing before Requested Hearing date: Newspaper(s) to be used: XXX Naples Daily News XX BCC [] BZA [] Other 11/4/02 Based on advertisement appearing 10 days before hearing. (Complete only if important): [] Other n Legally Required Proposed Text: (Include legal description & common location & Size: Notice of BCC Public Workshop 11/4/02 -, (See attached Ad) Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? XXYes cos~: 113-138312-649110 [] No If Yes, what account should be charged for advertising Reviewed by: List Attachments Approved by: Date County Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: rn County Manager agenda ~e: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: //t~//~&.~ff.,, Date of Public hearing: ,//,,/.ff/,~,~ Date Advertised: /t9/~.~10~2. COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 NOTICE OF BCC PUBLIC WORKSHOP 11/4/02 Notice is hereby given that a public workshop will be held by the Collier County Board of County Commissioners at 9:00 A.M to 12:00 P.M. on the following date of Monday, November 4, 2002 to discuss: THE SECOND OF THREE FALL WORKSHOPS TO INCLUDE DISCUSSION OF THE LAND DEVELOPMENT CODE SPECIFICALLY DIVISION 1.6, INTERPRETATIONS; DIVISION 1.8 NONCONFORMITIES; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS. This workshop is the second of three public workshops of the Board of County Commissioners. The public workshop will be held in the Board of County Commissioners Meeting Room, 3~d floor, Administration Building "F", County Government Center, 3301 East Tamiami Trail, Naples, Florida. All interested parties are invited to appear and be heard. For information on this workshop, contact, Ms. Susan Murray, Interim Planning Services Director, Collier County Planning Services, 2800 North Horseshoe Drive, Naples, Florida 34104 / (941) 403-2400. Phone (941) 403-2400 Fax (941) 643-6968 www. colliergov, net AGENDA BCC WORKSHOP- NOVEMBER 4, 2002, 9:00 A.M.- 12:00 P.M. TIME +/- 20 MINUTES +/- 30 MINUTES 10 minute Break +/- 60 MINUTES +/- 30 MINUTES TOPIC 1. Division 1.6 Interpretations 2. Division 1.8, Non-conformities 3. Division 2.6 Supplemental District Regulations 4. Public Comments October 18, 2002 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of LDC Workshop Dear Georgia: Please advertise the attached notice on Thursday, October 24, 2002, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to: 113-138312-649110 NOTICE OF BOARD OF COUNTY COMMISSIONERS PUBLIC WORKSHOP November 4, 2002 Notice is hereby given that a public workshop will be held by the Collier County Board of County Commissioners at 9:00 A.M. to 12:00 P.M. on the following date of Monday, November 4, 2002 to discuss: THE SECOND OF THREE FALL WORKSHOPS TO INCLUDE DISCUSSION OF THE LAND DEVELOPMENT CODE SPECIFICALLY DIVISION 1.6, INTERPRETATIONS; DIVISION 1.8 NONCONFORMITIES; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS. This workshop is the second of three public workshops of the Board of County Commissioners. The public workshop will be held in the Board of County Commissioners Meeting Room, 3rd Floor, Administration Building "F", County Government Center, 3301 East Tamiami Trail, Naples, Florida. All interested parties are invited to appear and be heard. For information on this workshop, contact, Ms. Susan Murray, Interim Planning Services Director, Collier County Planning Services, 2800 North Horseshoe Drive, Naples, Florida 34104/(941) 403-2400 The meeting is open to the public. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James N. Coletta., Chairman DWIGHT E. BROCK, CLERK By: Is~ Maureen Kenyon Deputy Clerk Ellie J. Hoffman To: Subject: legals@naplesnews.com Notice of LDC Workshop Meeting Good Afternoon, Georgia, Please advertise the notice as referenced above as per the attached. Thank you.! Notice of LDC LDC Workshop.doc Workshop.doc Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, October 18, 2002 12:08 PM Ellie J. Hoffman Delivered: Notice of LDC Workshop Meeting Notice of LDC A/orkshop Meeting.., <<Notice of LDC Workshop Meeting>> Your message To: legals@naplesnews.com Subject: Notice of LDC Workshop Meeting Sent: Fri, 18 Oct 2002 12:11:27 -0400 was delivered to the following recipient(s): legals on Fri, 18 Oct 2002 12:08:05 -0400 Notice of LDC Workshop Meeting Page 1 of 1 Ellie J. Hoffman From: legals [legals@naplesnews.com] Sent: Friday, October 18, 2002 2:18 PM To: Ellie J. Hoffman Subject: RE: Notice of LDC Workshop Meeting rcvd georgia ..... Original Message ..... From: Ellie .1. Hoffman [mailto:Ellie. Hoffman@clerk.collier.fl.us] Sent: Friday, October 18, 2002 12:11 PM To: legals@naplesnews.com Subject: Notice of LDC Workshop Meeting Good Afternoon, Georgia, Please advertise the notice as referenced above as per the attached. Thankyou.! Ellie <<Notice of LDC Workshop.doc>> <<LDC Workshop.doc>> 10/21/2002 Naples Daily News Naples, FL 34102 Affidavit of Publication .-.'-----~-~-~--:~--------'-;~.--~--_-:---7---__---~,__-__ ? - __ .- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 113138312649 58541271 NOTICE OF BOARD OF C State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/24 AD SPACE: 76.000 INCH FILED ON: 10/24/02 ............................. --.-?---------~ ..... + ........................... Signature of Affiant Sworn ,o and Subscribed~.~e m~t~isC?_~L~day of Personally known by me NOTICE OF - BOARD OF COUNTY COMMISSIONERS PUBLIC WORKSHOP November 4, 2002 Notice Is hereby given that a public workshe~ will be held by the COl- tier County Board of County Comrnlssloners at 9:00 A.M. to 12:00 P.M. on the following date of Monday. November 4, 2002 to discuss: THE SECOND OF THREE FALL WORK. SHOPS TO INCLUDE DISCUSSION OF THE LAND DEVELOPMENT CODE SPECIFICALLY DIVISION !~, INTER-I PRETATIONS; . DlVl$1ONI 1,8 NONCONFORMI-I TIES; DIVISION 2,61 SUPPLEMENTAL DIS-I TlalCTREG?LATION[ _ I Thls ~ks~ ~ thai second of ~ree ~u~lcl worksheps of the aoerdl of county Commission./ er[ The public shop will be held In thai Board of county Corn.I rn, 3rd Floor, Admln. I Lstratton Building 'F",I county Governmenfl Center, 3301 East Tam- ~1 Trail, Noilly, ~1-I are Invited to and be heard. F~ formation on this work. shop, contact, Ms. Susan Murray, Inferlm Plan. nlng Services Director Colfler COmfy. Plannl~ HS~V~lces0 2~OO Nertf orsesh~e Drive Nmi)les, Florida 34104~ (941) 403.~40~ The meeting Is open te the public. BOARD OF COUNTY CON~alssIONERS ' COLLIER COUNTY, FLORIDA Chairmen DWIGHT E. BROCK~ , CLERK BY:. /s/ ~0~. ~u~Clerk No. ~7] RECEIVED NOV 0 4 2002 FINANCE DEPT 2nd Fall Workshop Board of County Commissioners Collier County November 4, 2002 · · · 6 · D v s on 1. Interpretanons LAND DEVELOPMEN'F COD~ Authorities granted by 1.6 Planning Services Director · interpretations of text of · the land development code boundaries of the zoning districts on the official · zoning atlas boundaries of the zoning · districts on the official zoning atlas Chief Building Official Interpretations of text of code on matters related to building code Building permit requirements Building construction administrative code or building permits Community Development and Environmental Services Administrator Joint requests which result in conflict shall be resolved by the Administrator 1.6.2. Initiation Who may initiate a request for an official interpretation? Affected person Resident Developer Land Owner Govt Agency or Dept Any person have contractual interest in land in Collier County Procedures · Formal written request made to the applicable Director and payment of fee · Fee' $275.00 Processing · Completeness Determination · Notification of affected property owner (site specific where applicant is other than property owner) Processing cont. · Planning Services Director: review request in light of the GMP, LDC, the Code and/or the official zoning atlas, and building code related matters, whichever is applicable. · May consult with County Atty's office and other County Departments before rendering an interpretation Interpretation is rendered in writing Processing cont. Prior to release of interpretation County Atty's office reviews for legal form and sufficiency · Legal form and sufficiency: · Is not the atty's opinion, nor are they authorized by the LDC to give one. Process cont. · Written interpretation is sent to the applicant by certified mail. · Administrator for Community Development maintains the records for official interpretations available for inspection to the public during regular business hours Legal Form and Sufficiency cont. · Review of the interpretation to insure it is legally sufficient and in the correct form. It is not the official opinion of the question asked. Public Notification · Provided upon issuance of an interpretation · Notice of the interpretation and an appeal time frame placed in newspaper Site Specific: Mailed within 300 feet of property lines of the land for which the interpretation is effective Effective Time Limit · Remains in effect until the appropriate code section is amended to clarify the applicable provisions which warranted the interpretation · Or until such time as interpretation is adopted, modified or rejected as a result of an appeal · Until such time, no further request for interpretation for the same issue shall be permitted. Appeal to BZA or Building BZA Within 30 days of publication or receipt by applicant or affected property owner Affected property owner (owner of property w/in 300 feet of property lines) · Aggrieved or affected property owners (person or group which will suffer an adverse effect to an interest protected or furthered by the GMP, LDC or building code). Appeal cont. Filed in writing State basis of appeal Provide backup · Pay fee ($500.00) DIVISION 1.8 NONCONFORMITIES 1.8.1.1. Intent · Lots, structures, uses or land water & structures and characteristics of uses which were lawful before the code was adopted or amended, but are prohibited regulated or restricted under terms of code or furore amendments Intent cont. · To continue until they are voluntary renovated or removed as required by code, but not to encourage their survival Shall not be enlarged upon, expanded, intensified or extended., nor be used for grounds for adding other structures or uses prohibited in the same district 1.8.1.2. Declaration (non conforming uses) · Declared by this division to be incompatible with permitted uses in the district involved Shall not be extended or enlarged after effective date of code or amendment thereto Shall not allow additional uses not permitted in the district nor add additional signs · 1.8.1.3. Vested project To avoid undue hardship nothing in the code shall be deemed to require a change in plans, construction or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment to this code 1.8.3. Nonconforming uses Use of land which lawfully existed at a previous point in time May continue to exists provided: No enlargement, increase, intensification, alteration No movement whole or in part to another portion of the lot Ceases for more than 180 consecutive days subsequent use shall conform to regulations Non-conforming uses discontinuance cont · For all uses: · Cessation of use for 90 consecutive days or more · Deficiencies related to pa.v.e.d, striped, di.sabled parking; water mgmt.facd~t~es; landscaping; other site improvements prior to recommencement of any use, deficiencies to be corrected to the greatest extent possible given physical constraints of property Non-conforming uses cont Shall not subdivide nor add structures on land with a non-conforming use unless subdivision does not increase degree of non-conformity and structures comply with current regulations of district Uses not involving use of principal structure including open storage, building supplies, vehicles, junkyard, commercial animal yard shall be discontinued within 1 year of effective date or relevant amendment Non-conforming use cont Change in use: Existing non-conforming use may be changed to another non-conforming use with approval of BZA provided: No structural alterations Proposed use is equally or more appropriate to district than existing use and no adverse impacts to surrounding properties · BZA may require conditions of approval · Change in conforming use requires future conformity with district regulations Non-conforming use cont · Non-conforming use stares applies to a structure destruction of the structure shall require the use and structure to thereafter conform · Destruction- damage to the extent of more than 50 percent of the replacement cost at the time of destruction 1.8.10. Nonconforming structures · Structure which exists and was lawful at a former point in time which could not be built under current code by reason of: · Restrictions on lot area Lot coverage · Height · Yards · Requirements other than use Non-conforming structures cont The structure may continue but may not be enlarged or altered in a way which increases its non-conformity but may be altered to decrease its non-conformity. Destruction: structures destroyed by any means more than 50 percent of actual replacement cost of the time of destruction shall not be reconstructed except in conformity Non-conforming structures cont · Any residential structure in any residential district may be rebuilt after destruction regardless of extent, to the same extent (height, density, prior extent) subject to compliance with building code. Current setback requirements shall be met unless variance obtained. Nonconforming structures cont · Repairs and maintenance: · Non-conforming structures or structures housing a non-conforming use ordinary repairs or repair or replacement of non- bearing walls, fixtures, wiring, plumbing to an extent not exceeding 20 percent of current assessed valuation provided cubic content shall not be increased 2.6.3. Exclusions from height limits Height limitations do not apply to the following: Spires, belfries, cupolas, flagpoles (regulated elsewhere), antennas, communications tow. ers, water tanks, fire towers (govt operated) chimneys, silos airport control towers and other appurtenances required to be placed above roof level and not intended for human occupancy See picture · · · D v s on 2.6 Supplemental District Regulations Accessory structures See table for setbacks Accessory Structures · A use or structure of a nature customarily incidental and subordinate to the principal use or structure and, unless otherwise provided, on the same premises. · Principal building: any building or part of a building in which the principal function or activity for which the land is zoned is conducted 'ght ' ' ' l m ts continued · Off street parking within principal structure: · Planning Director has authority to grant an administrative height waiver to the extent necessary to permit off-street parking within a principal struCture Height limits continued Admin height waiver may be granted provided the following conditions are met: # spaces required NOT reduced Waiver not intended to allow more than required by code; maximum of two levels Waiver compatible with uses on adjacent properties Each space in structure shall require 300 square feet of additional open space above code requirements Exceptions to required yards Sills/architectural design treatments: 12" Movable awnings: 3' unless yard is less than 5' in width then ½ the width Bay windows/air conditioning units (wall or window), fireplaces, chimneys: 2' Fire escapes, stairways, and balconies which are unroofed and unenclosed 5' for side & rear yard 3' front yard of mf, hotel, motel & 3' front, side rear yard of sf Exceptions to required yards cont · Hoods, canopies, or roof overhangs shall not project over three feet and shall not come closer than one foot to lot line · Fences, walls and hedges & pad mounted a/c are permitted in required yards · Cornices, eaves, gutters not over 3' except where required yard is less than 6' in width, then shall not exceed ½ width of yard Minor after-the-fact yard encroachments · Administrative approval · Structure w/certificate of occupancy: 5 percent of required yard not to exceed 6 inches Structure w/out certificate of occupancy: up to 10 percent of required yard not to exceed a maximum of 2 feet Do not mn with the land remain subject to non- conforming structure provisions Exceptions to required yards cont Commercial, industrial and multi-family residential carports open on all sides may encroach into the required yards provided they do not encroach into landscape buffer 2.6.4.4. Waterfront yards Provision which allows the placement of principal structures, except single family, duplex at the bulkhead line or shoreline where such placement can enhance the character of the waterfront development without detriment to adjoining or nearby properties 2.6.7. Parking and storage of certmn vehicles · 2.6.7.1. Vehicles without current license plates · 2.6.7.2. Major recreational equipment · ip · 2.6.7.3. Commercial vehicles or equ ment in residential areas 2.6.7.4. Restricted parking · Allows residents to prescribe stricter regulations governing the parking of commercial and/or major recreational vehicles that is provided under minimum requirements set forth in zoning code · Purpose: maintain quality of appearance, maintain amenities and values of neighborhoods. Restricted parking cont Procedure for establishing district (zoning overlay district) · Via petition to Board and approval by a majority of qualified electors residing in district Division 2.6 Supplemental D' ' Reg lat' stnct u ons · Allows as permitted uses in every zoning district: · Water lines, sewer lines, gas lines, seage lift stations, essential service wells. In certain zoning districts: governmental service facilities, libraries, museums, parks and the like Supplemental District Regs cont Requires conditional use approval: Electric or gas generating plants, effluent tanks, sewage treatment plants, hospitals, and the like · In certain zoning district: regional and community parks, safety service facilities and the like. 2.6.10. Businesses serving alcoholic beverages Locational: Shall not be located within 500 feet of any established elementary, middle or high school, child care center, public library, church, public park/playground UNLESS: waiver is granted by BZA Should a use listed above be built after such establishment is in existence, the establishment shall not become nonconforming Alcoholic bevs cont Waiver of distance requirement shall be based on the following factors: Nature and type of boundary, structure or other feature lying between the proposed establishment and school, child care, etc. (lake, nondevelopable wetlands, major rights-of- way) Paths of vehicular and pedestrian traffic which could be taken between the uses Alcoholic bevs cont · Hours of operation and the noise and light which could potentially be generated from the business · Process: Written application with legal description and site plan. · Notification: applicant notifies by certified mail owners of subject school, library, etc. at least 15 days prior to hearing. Alcoholic bevs cont · Exemptions from distance requirement: · Any restaurant deriving at least 51 percent of its gross revenue from sale of food and nonalcoholic bevs. · Any hotel/motel with 100 or more rooms Private club, golf club, country club where bev service is incidental to the main use Statement of gross receipts to verify 2.6.11. Fences Permitted in all residential zoning districts Fences or walls on all lots greater than 1 acre: Maxheight- 6 feet · Non waterfront interior lots 1 acre or less: 6 feet side and rear yards; 4 feet front yard · Waterfront: same as non waterfront but limited to 4 feet in rear yard Fences Commercial and Industrial · C- 1 through C-5;I;P;PUD · Fences & walls abutting arterial or collector roads must meet architectural requirements Height: 8 feet maximum Contiguous to or opposite residentially zoned districts: Requires 6-8 foot masonry wall or prefab concrete wall/fence. Fences Commercial and Industrial Ability to waive wall requirement where some physical separation between uses exists like local street, buffer area, vegetative area · Waiver determined administratively · Vegetative plantings located external to wall such that 50% screened w/in one year Fences Commercial/Industrial cont Intent is not to require a wall where a commercial development fronts arterial or collector road and the opposite side of the street is zoned residential Constructed following site plan approval but prior to any vertical construction unless special circumstances warranted Fences cont Barbed wire authorized in ag, commercial and industrial. Shall be constructed of conventional building material like block, brick, wood, decorative iron/steel and chain link. Finished side of fence presented to the outside (may be waived admin if adjoining fence or landscape buffer) Fences cont. ight ' ' ' · He llm~tat~ons: administrative variance procedure available to waive height limitations provided at least one health, safety, welfare issue is presented and unwanted precedent isn't set (generic problem which should be addressed by code) Fences Agricultural · Ag, Estates, Conservation districts: Exempt from height and type of construction requirements · · Fences res dentall cont. · Comer lots (less than one acre): front yard 4 feet · Barbed wire, razor wire, electrical fences prohibited unless security hazard (utility substation) Fences height measurement · Measurement taken at ground level at the fence location. · Planning Director has ability to determine ground levels if appears levels have been altered to provide for higher fences 2.6.15. Solid Waste disposal · Bulk container service required for commercial and multi-family (garbage dumpsters and compactors) IF they do not i rb'd p'kup rece ve cu si e lC . Curbside pickup requirement for all other housing types Solid waste cont Screening: on at least 3 sides to prevent visibility by neighboring properties and from adjacent streets at the first floor level · Min dimensions 12 feet by 12 feet Screening material: Wood fence; block, brick wall, vegetative · Exempt from height limitations provided no obstruction from streets Solid waste cont Exempt in Industrial if: dumpsters are located min 200 feet from residential and are not located in front yards; Ag districts with bona fide ag use on conforming parcels See photos 2.6.16. Integral caretaker's residence · Caretakers residence permitted in Commercial (C-1 thru C-5) and Industrial districts subject to following: · Constructed as integral part of principal structure; entered from within principal structure · Accessory use, exclusive use of property owner, tenant or designated employee Caretakers residence cont Off street parking as per single family residence · Any other requirement Planning Services Director deems necessary and appropriate to mitigate use 2.6.20. Home Occupations · Any district which permits residential dwellings as a permitted use · Conducted by occupant and clearly incidental to use of dwelling for dwelling purposes Subject to the following restrictions: Home occupations cont · Restrictions'. · No on or off site signage · No abnormal traffic generation · No receiving of goods or materials other than normal delivery by US Postal service or similar · Parking of commercial vehicles prohibited Home occupations cont On site use of equipment or tools not to create vibration or electrical disturbance · No on-site storage of hazardous material · No retail sale of materials · No outside storage · Subject to occupational licenses and other business taxes 2.6.28 Automobile Service Station See pictures 2.6.33. Temporary Use permits · Temporary construction 24 mos; renewed annually based on need Model homes and sales centers: - 3 years; renewable Temporary sales: 14 days duration, during calendar year permits for events at a particular location cannot exceed total of 28 days Temporary Use cont Multi-tenant buildings with 10 or more: 42 days per year max for temporary sales · BCC ability to extend temp use permits for an additional 4 weeks One sign: 32 squar, e feet, merchandise, temporary structures and equipment Restricted to zoning districts in which the sale of items normally permitted and related to principal activity on site Temporary use · Temporary seasonal sales · Film permits smith_g smith g Microsoft Word - NewWebX.doc 11/04/02 09:08 AM ............ :::::::::::::::::::::::::::: ......... WebXtender Document Query Tips Step 1. Log into WebXtender using the user name and password that your administrator assigned to you. Step 2. 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