Agenda 06/24/1998 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Wednesday, ,June 24, 1998
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON A,'~' AGEN'DA ITEM MUST REGISTER
PRIOR TO SPEAKiNG. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE ^GENDA ITEM TO BE ADDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMIT-rED IN V*2R.i'T I N G WITH EXPLANATION TO THE COUNTY
AD.'~NISTRATOR 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 PROCEEDL',,'GS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSU'ILE THAT A VERBATIM RECORD OF THE PROCEEDLN'GS IS /',lADE, WHICH RECORD
INCLUDES THE TESTIMON',' AND EVIDENCE UPON V(HICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS %'ILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PER.$LISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING I.M'PAFRED ARE AVAILABLE IN THE
COL'NTY CO.MYIISSIONEFL%' OFFICE.
I. PLEDGE OF ALLE(;IANCE
An Ordinance amendin~ Ordinance Nur.~ber 91-102. as amended, the Collier Count,, Land
De',tlopment (cdc. '.,.bach includes the Comprehensi.,e Zoning Regulations for the
unincorporated area of Collier Count.,,, Florida, b.v providing for: Section One, Recitals; Section
Two. Finding~ of Fact; Section Three. Adoption of Amendments to the Land Development Code.
,More specifical[.,, amending the following: Article 2, Zoning, Division 2.2. Zoning Districts,
Permitted Uses. Conditional Uses, Dimensional Standards, Division 2.4. Lz, ndscaping and
Buffering. Division 2.5. Signs; Division 2.6. Supplemental District Regulations; Arlicle 3, Di',ision
.3.2. Subdivisions, Division .3..3. Site Development Plans; Division 3.9. Veget,stion Removal,
Protection and Prese~'ation; ,Article 6, Division 6.3. Definitions, including but not limited to the
definitions of Single Family D~'elling. Rura~ Subdivision and Construction Sign; Appendix B,
Typical Street Sections and Right-of-V,'a.~ Standards: Section Four, Conflict and Severability;
Seehon Five, lr~clusion in the Land De,,elopment Code: and Section Six, effective date.
(SECOND PL'f~LIC HEARI.",'G ~ (Continued from June I0, 1998)
3. ADJOURN
c4 GENDA ~I;lritVGES
BOA~ OF COUNTY COMMISSIONERS' MEETING
JUNE ;t4, 199S,,
ADD: ITEM 21111 - RECOMMENDATION TO TERMINATE Eg~ISTING CONTRACTUAL
AGIiE~ WITH THE GOLDEN GA TE AND EAST NAPLES FIRE CONTROL AND
RESCUE DISTRICTS FOR SERVICE PROVIDED TO TtlE COLLIER COUNTY FIRE
CONTROL DISTRICT. (STAFF'S REQUEST).
EXEC U'I'IVE SUYUM. ARY
AN' OI:LDINAN'CE AMENDING ORDIN,,~NCE NUM. BER 91-102, AS A.MENDED, THE
COLLIER COUNTY LA. ND DEVELOP.ME~ CODE, WHICH INCLUDES THE
COMPKEHENSIVE ZONING 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 "O THE LAND DEV'ELOPMZENT CODE, MOP,,.E SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING, D1W'ISION 2.2. ZONING
DISTRICTS, PEP, aMITTED USES, CONDITIONAL USES, DIMENSIONAL STAND.kI:LDS,
DMSION 2.4. LANDSCAPING AND BUFFERING, DMSION 2.5. SIGNS; DIVISION 2.6.
SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2.
SUBDIV'ISIONS, DD, qSION 3.3. SITE DEVELOPM~ENT PLAuNS; DIVISION 3.9.
VEGETATION REMOVAL, PROTECTION AND PRESERVATION; ARTICLE 6, DIVISION
6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF
SINGLE FAMILY DV~ELLING, RURAL SUBDFvqSION AND CONSTRUCTION SIGN;
APPENDIX B, TS'PICAL STREET SECTIONS AND RIGHT-OF-WAY STANDARDS;
SECTION FOUR~ CONFLICT A~N'D SEVER.ad~ILITY; SECTION FIVE, INCLUSION IN THE
LAN'D DEVELOPMEN'T CODE; AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend provisions sflhe Coll~er Count', Land Development Code.
CONSIDERATIONS:
This is the s~-cond of :'.vo public hearings required by Statute for amending the Collier Cotm~ Land
Development Code Each of the amendmen; were presented to and reviewed by the Development
Sen'ices Adx mot"' Committee, Collier Count5.' Planning Commission and the Environmental Advisory
Board where applicable. Where an advisor-v body recommended revisions to the staff recommended
LDC change tkis recommendation is included in the summary description of the LDC amendment.
The Planning Commission held public hea.nngs Ma).' 10, 1998 and May 27, 1998. They recommended
approval of the ame~dments except as othe~'ise noted on each individual amendment ,,,,'here
applicable. The absence of an,,' exception noted by the CCPC means that the CCPC endorsed the
amended or staff revised the amendment to reflect the CCPC's recommendation.
FISCAL ISIPACT:
1998
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GM]:'.
STAFF RECOMMENDATION:
That the amendments and draft amending ordinance contained with this
~::~:~'oved follow'i, ng the second public hearing on June 24, 1998.
executive sun"u:nary be
RONALD F. N~NO, AICP
CURRENT PLANNING MANAGER
REVIEWED BY:
DATE
VINCENT A. CAUTERO.'AICP, AD~'IINISTRA']FOR
COMMUNITY DEV. :x.',,'D ENVIRONMENTAl. SVCS.
DATE
DATE
LDC AMEND E'h SL,'M.~I AR'~' md
JUN 2 4 1998
ORIGIN: Community Development & Environmental Ser-.'ices
AUTHOR: Ronald Nino. AICP
DEPARTMENT: Planning Sen'ices
LDC PAGE: L DC 2-26
LDC SECTION: Section 2.2.5 RMF-6 Dimensional Standards
CHANGE: To add dimensional standards that are unique to each type of housing where lots are
to be planed. '
REASON: The RMF-6 dimensional standards were first promulgated to establish lot area and
width standards for multiple family structures. Only latter were one and two family residential
structures added as principal permitted uses. however, no individual lot area and width standards
were added. Consequently properties zoned RMF-6 need to be rezoned when the owner of lands
so zoned ',a'ish to dexelop the property '^'ith single familx residential structures as opposed to
multiple familx structures.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGk'LATIONS: None.
.Amend Section
2.2.5.4.
'2.2.5.4.1.
2.2.5.4.2.
Dimensional Standards' The £ollo~ingdimensional standards shall apply
:o all permitted housing structure types, accessors', and conditional uses in
the RNIF--6 district
Minimum Lot Area: gmg4.?:-Familv, duple,,-: m":d two familv d ....
.... .. J~uare .... F~-r d'.vciling
$in~l~ Family.. 6,500 .Fquar~ _Feet excep~ as provided at Section 2.2.5.4.7.
~nd 2.6.27.
T'~o-Familv... ] 2.000 squ~ fee~ except as provided at Section 2.6.27.
T~eeormor~Dwel]in UnJtSt~ctures...5500s uare
~ml except as herein ~her provided.
Minimum Lot Widlh: One h',.:n.'Jrecl fcc: (lOO~)
Sinule Family... 60 feet
Two Familv . . . . 80fee_l
3 or m_o. re ...... 100 feet
2.2.5.4.3.
,",,l~nimum Yard Requirements (except as further provided at Section
~.6.~7):
Rear 'Yard: Thin'.
.......... ~ ............... single r .... tracts,
............... ; ....... mum yard
The follo~ina minimum yard requirements are in relation to platted
heundaries
One fSi,rig]e? Famil~
Front Least Side Total Two Rear
25 7 F: ] 5 20
T~,o Unit'Fami],.
25 10' 20 20
~ or More Families
30 15' 30 20
D~aelling Unit:
"A'hcrc fcc sim?lc lots are created for each dv. ellint: unit side yards only
,:appl; to the outside ~alt of the principal structure u.'ithin which dwelling
tArlit, ,:Irc J(}calcd.
.",;othin.~ herein contained shall prohibit the use or ,t'-1~[~11'o! of' ,¢
record for a sin=le fa~,'nih' detached d,.~,ellin~ unit. irr~ spective of hq
dimen~ onal ~ncl. area measurement. (.'ombinations of platted Jots
g/ r¢c. ord i.s othem'i.~e permjt~¢O t9 achieve thc minimum
d_jmensiona} an_d area requirements for each housing structure type
as described in the fore~.oin~ sections.
2.2.~. LDC AMENDMENT RFN,'mc[1--I:
ORIGIN: Commumtv Development & Environmental Sen'ices
AUTBOR: Ronald Nino. AICP
DEPARTMENT: Planning Set-vices
LDC PAGE: 2.44.2.48.2.52.2.56.2.58 and 2.62
LDC SECTION: 2.2.12.4.. 2.2.13.4, 2,2.14.4, 2.2.15.4.2.2.151/2.4., 2.2.16.4.
CHANGE: Amend Sections in Commercial and Industrial Zoning districts relative to
"Dimensional Standards" for the purpose of establishing a minimum distance between structures
on the same property.
REASON: Currently there is no standard establishing a minimum separation between buildings
in the C-l. C-2. C-3. C-4 C-5 and I districts where multiple buildings are to be constructed on the
same undivided parcel of land. This is unlike all residential zonima districts ILMF-6. RMF-12.
RMF-16. RI and Business Park (Industrial district) where a stand~rd of one-half the sum of the
heights of opposite walls establishes the minimum distance.
Staff'is of thc opinion that it is equally as important for all commercial and the industrial zoning
district to have a similar standard if for no other reason than to establish a common standard
which is then applied to each Site Dcvelopment Plan. Such an amendment will remove the
current level of'administrative uncertainty tha~ exists in the absence of any standard.
FISCAL& OPERATIONALI.',,IPACTS: None.
RELATED CODES OR REGULATIONS: None.
Mr. M. Fernandez o!' Planning De,,elopment Inc. ad,,ised the ('CPC of his opposition to this
standard. TheCCP('directcdstafftorevie:~. his consideration and determine iftheir is an
justifiable substanc: ;o the ot"i,:ction. Mr Fernandez did no~ offer an',.' alternati,..e or definitive
modification.
Amend the LDC as
2.2.12.4.11.
2.2.13.4.11.
Distance between structures. If there is a separation between any two
princ.ipal structures on the same parcel, said separation shall bee a
minimum of ]5 feet or a distance equal to one-half the sum of their
heights, v,'hichever is the greater:
Distance between structures. If there is a separation bet'
principal structures on the same parcel, said separatio
,veen 'any ..tu.'o .,0. (?)
shall be a
,,::.": :~-:'_ ;:"~.3
2.2.15.4.11.
2.2.1 ,q I "2.4.11
2.2~16..~ 11
minimum of 15 feet or a distance equal to one-half the sum of their
heights, u. hichevcr is the greater.
Distance between structures. If there is a set-aration between an,. tv, o
pnncipal structures on the same parcel, said separation shall be n
minimum of 15 feet or a distance equal to one-half the sum of their
hei2hts. ,.vhichever is the greater.
Distance between structures. If there is a separation between an',' tx~o
principal structures on the same parcel, said separation shall be a
minimum of t5 feet or a distance equal to one-half the sum of their
heights, whiche`.'er is the greater.
Distance between structures. If there is a separation between an,.' t,~,,'o
principal structures on the same parcel, said separation shall be a
minimum of 15 feet or a distance equal to one-half the sum of their
heights. '.vhichever is the greater.
Distance bct',veen structures. If there is a separation betv,'een an,. t',,,'o
principal structures on the same parcel, said separation shall be a
minimum of 15 feet or a distance equal to one-half the sum of their
hc~chts, v. hichex er is the greater
ORIGIN: Communit2,' Development & Environmental Ser~'ices
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Se~'ices
LDC PAGE: 2.52
LDC SECTION: 2.2.14.4.
CHANGE: To add a provision requiting project lighting ms is currently required in all
commercial and industrial zoning districts save the C-3 districL
REASON: The absence of a provision requiring project lighting is obviously an oversight
inasmuch as site lighting is required in all commercial districts with the exception of the C-3
district. This amendment is intended to take care of this omission.
FISCAL & OPERATIONAL I.%IPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the LDC as follows:
2.2.
Liuhtinu. Ligh~in~z facilities shall be arranized in a manner that protects
road:,,avs and neiuhborine properties from direct glare or other
Jnlcrferencc
.... l . LDC A.',,IEND?.IENT 'RFN mdH MARIE'S LDC
I
ORIGIN: Community Development & Environmental Sen'ices
AUTHOR: Brs.'an Milk. Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: 2:58.2 thru 2:60.2
LDC SECTION: 2.2.16.2.1.
CHANGE: This change specifically permits barber shops, beauts' shops and gunsmith shops in
the industrial zoning district.
REASON: The purpose of adding barber shops and beaut,',' salons to the industrial zoning
district is to provide personal services for the employees who work within the district.
minimizing vehicular trips and providing a functional and diversified economy within the
district. The purpose of adding gunsmith shops with an accessory shooting range for testing and
training is to proxide a service which was historically allowed in the industrial zoning district and
was inadvertently omitted from the Collier Count>' Land Development Code. Currently there
are six (6) gunsmith shops ~.'ithin the district.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None
,Amend tht' Land [)c', clop,,':.qenl ('ode as follows:
Sec._._" '~ 16. lndus:r:a
2.2.16.1.
2.2.16.2.
I district/I1
Purpose and intent The purpose and intent of the industrial district (l} is
to provide lands for manufacturing, processing, storage and warehousing.
~holesaling. and distribution. Service and commercial activities that are
related to support manufacturing, processing, storage and warehousing.
~aholesaling, and distribution activities, as well as commercial uses
relating to automotive and heavv equipment sales and repair are also
permissible in the I district. The I district corresponds to and implements
the industrial land use designation on the future land use map of the
Collier Count>' grou-th management plan.
Permitted uses. The following uses, as identified within the Standard
Industrial Classification Manual (1987~.. or as other~vise-prov/ded for
within this section, are permitted as a right, or as uses acce'ss~'~(''~)
permitted uses in the industrial district (I~.
r. CZ)
2.2.16.2.1.
Permitted uses.
Agricultural sen'ices (groups 0711. except that chemical treatment
of soil for crops, fertilizer application for crops and lime spreading
for crops shall be a minimum of 500 feet from a residential zoning
district. 0721. except that aerial dusting and spraying, disease
control for crops, spraying crops, dusting crops, and insect control
for crops (with or without fertilizing) shall be a minimum of 500
feet from a residential zoning district. 0722-0724. 0761. 0782.
0783).
Apparel and other finished products (groups 2311-23991.
Automotive repair, service, and parking Igroups 751 ;-7340).
4
Barber shops (group 7241~
Beaut~ shops or salons (7271 ?.
Building construction (groups ! 521-1342 L
Business ser',ices (groups 7312. 7313. 7_~19.' 7334-7336. 7.,4' _-"
7380. including auction rooms (5999). subject to parking and
landscaping for retail use}
C,','T,n'~unications ~groups .-1812-48c;9 including communications
l,,x,.crs up 1o specified heights, subject t,, section 2.635~.
"7 t.t
('(,nqmc~ion - sp¢c,a, trade contractor:, Igroup> 1711-
1¢-1~L D~.'posi~or;, and nondcposi~op,, institutions Igroups 6011-61
r0.- l I Eating places 15812~.
ar, l", Educational sen'ices(8_4>-8_49}.
Electronic and other electrical equipment (groups 361"_-..,699).'
· -1.~2,i4. Engineering. accounting, research, management and
services (groups 8711-87481.
relmed
4.-3,-_'.15. Fabricated metal products (groups 3411-3479. 3491-34991.
t.1.16.
Food and kindred products (groups 2011-2099 exciN slaughtering
plants).
44,-..I 7_..~ Furniture and fixtures (groups 2511-2599;.
!8.
Gunsm. ilh shops (group 7699) with accesso~' shooting range for
testing and training.
!~;19..__: Hear',' construction (groups 1611-1f29).
Health services (8011 accessorx' to industrial activities conducted
on-site only).
4-~.21_._: Industrial and commercial machiner-,' and computer equipment
(3511-3599).
.-~.--. Leather and leather products (groups 3131-3199).
~o','~ Local and suburban transit (croups 4111-4173).
2~"
~_4 Lumber and wood products (croups '24'~6 ") '
-:---' ~ .... 4.21-2499).
Measuring. analyzing, and controlling instruments: photographic.
medical and optical goods: ~.*.atches and clocks (groups 3812-
3873).
'2'326 Nle,mbcrship organizations tgroups 8611. 86311.
_2-k-2- .Nliscel ancc~us manufacturing industries /groups 3911.399c;~.
,k,,,,, fre~g.;: tran;po,~am_m and ,.'.arehouslnc (tzroups 4212. 4213-
-, .... .-,__c, cx~.~p, o~, and gas storage, and petroleum and chemical
bulk stationsl.
· ~,,-27_..~ Paper and allied products 12621-26791.
'~? ;r' Per~onai se~'ices (groups "" -72
~ - '---~ /-ii 19/.
2,-g-} I. Physical fitness facilities (7991).
Printing. publishing and allied industries (groups 2711-2796).
~2~-.33_._~ Railroad transportation (401I. 4013).
Rubber and miscellaneous plastics products (groups 3021. 3052.
3053;.
~! 44
Stone, clay. glass, and concrete products (groups 3221 3251 .~53,
3255-3273. 3275, 3281 ).
Textile mill products (groups 2211-2221, 2241-2259, 2273-2289,
22c}7, 2298).
Transportation equipment (groups 3714. 3716, 3731. 3732. 3751.
3761,3764, 3769, 3792, 3799).
Transportation by air (groups 4512-4581 except airports and riving
fields).
Transportaticn sen'ices (groups 4731-4783. 4789 except
stockyards).
United States Postal Se~'ice ('431 l ~.
'¢,'elding repair (7692
Wholesale trade - durable goods (groups 5012-5014. 5021-5049.
5063-5092. 5094-5099~.
Wholesale trade - nondurable goods (groups 5111-5159, 5181.
5182. 5191 except that wholesale distribution of chemicals.
fertiliTers, insecticides, and pesticides shall be a minimum of 500
feetfron',arcsidentialzoningdistrict 5192-5199).
.-\n~ other use which is comparable m nature xvith the foregoing
uses and i5 ~.,~hcr'x,,i>c clc'arlx consistem v, ith the intent and purpose
stalt,,,cnt ot thc district
2.2 16.2 I LDCAME.'<DMENTBF. ImdH
ORIGIN:
Current Planning Section
AUTHOR:
Ronald F. Nino. AICP. Planning Services Manager
Susan Murray. Principal Planner
DEPARTMENT: Planning Sen'ices
LDC PAGE: LDC2:69
CHANGE:
Amend subsection 2.2.19.2.1., Permitted uses. to alloy,'
Educational Se~'ices (groups 8211 - 82311. specifically
Elementars' and Secondao.' Schools (8211): Colleges. Universities.
Professional Schools. and Junior Colleges (8221. 82221: and
Libraries (8231 as permitted uses.
REASON:
To further the intent and to be consistent the future land use
element of the grow'th management plan and the community.
facilities zoning district, which provides for institutional, public
facilit.', t.vpe of uses designed to serve the public at large
FISCAL 8: OPERA, TIONAL IMPACTS: None.
RELATED (_'ODES OR REGULATIONS: None.
.At a public hearing held on Xla', 27. 1998. the legal representative for the Park Shore
.-\sso,.;at;or: argued fha', thi> amendment should not proceed at this time or Educational
Serx i,es ough: t,, he cc,nditlor:all.,, permiucd in the CF zoning district The CCPC
recommended t.v,a: ~','~i~ amendment hc postponed for consideration in the second annual
amendmen: c'~
2.2.19.1
2.2.19.2.
2.2.19.2. i
Sec. 2.2.19. Communin' facilin district (CFi.
/'ermitted uses. The following uses ~e pe~iued as offighl, or as uses
accesso~' to pe~ined uses. in the co--unity facilit', district ~CFI.
Child care centers.
Churches and houses of v.'orship.
'7
8.
Civic and cultural facilities.
Museums.
Nursing homes, assisted living facilities IAi. FI pursuant Io
s 400.402 F.S. and ch. 58A-5 F.A.C.. family care facilities, group
care facilities (catcgoU II and contJnuin~ care residential
communities pursuant to s 651 F.S. and ch. 4-193 F.A.C. all
subject to section 2.6.26.
Parks and playgrounds, noncommercial recreation facilities, open
space uses.
Public. pd','ate and parochial schools.
Social and fralernal organizations.
Educational services (~roups 8211 - 8231 ~.
ORIGIN: Communit'` Development & Environmental Ser'vices
AUTHOR: Stephen Lenberger. Environmental Specialist II
Barbara Cacchione. Comprehensive Piarming ,Manager
DEPARTMENT: Planning Se,'-xices
LDC PAGE: LDC2:92
LDC SECTION: '~ '~ ~4 '~ 2
CHANGE: Add agricultural use exemptions to the land development code for development
standards and regulations for ACSC-ST
REASON: Proposed revisions to thc land development code for consistency with Board of
Counp. Commission changes to the Grok~-th Management Plan
FISCAL & OPEi:U~.TI()N,.x.L I.MPA('TS: ,Approxa! of this amendment ~.~.'ill have no fiscal
impact on the Count'`
RELATED CODES OR REGt'LATIONS: Noneaffccted
[)c'`ci,,~,.,c:,, ~.~r,,,.andrcgula::onslor ACSC-ST .-\]ldc'`elopmcntordcrs
i>5ucd '.~th~n thc ..XL'SC'-$'l area shall compI? withor ,.,~ ~',,,ore ................. --~'-:~';,'~
ckaptc; 2g-25. Florida Administrative Code. as amended. Boundan' and
Rcg~,la~iorq~ f,~r thc Blg ('., pres, .-Xrc~ of ('ritical Stale Concern. as
Included
All d..:~ u}~,pmcn~ orders ~s>ucd for proiects within the Bi~ C',press .Area of (_'ritical
$~a:c ( ,intern shall bc tra:,sm~tted to, thc State of Florida Depa~mcnt of
Comrr:un~'` Affairs for re', ie~.t with the potential for appeal to the administration
commission pursuant to Chapter 9J-I. Florida Administrative Code. Development
..Order Reqdirements for .Areas of Crilical State Concern.
~;~tc 3Itc. ration
Site alleration sh'~ll be limi',ed to ten percent of the total site size.
and installation ofnonpermeable surface shall not exceed 50
percent of an,, such area. }to,.vever. a minimum of 2.500 square
feet may bc altered on an.',' permi~'~ed site. ---
Any nonpermeable surface greater than 20.000 square feet shall
provide for release of surface runoff, collected or uncollected, in a
manner approximating the natural surface water flow regime of the
area.
Soils exposed during site alteration shall be stabilized and retention
ponds or performance equivalent structures or system maintained
in order to retain runoffand siltation on the construction site.
Restoration of vegetation to site alteration areas shall be
substantiallv completed within 180 days following completion ora
development. Re~.egetation shall be accomplished with prccxistin~
species except that undesirable exotic species shall not be replanted
orpropa~ated. Exotic spccies included are listcd
Australian pine
Bishopv, ood
Brazilian pepper
.Xlelaleuca
Doxwnv rosemvnle
Earleaf acacia
Catclaw mimosa
Java plum
IC'asuarina spp. )
(Bischofia javanica~
(Schinus terebinthifolius ~
(.Xlclaleuca spp. I
(Rhodomynus tomentosal
(Acacia auriculiformis)
(Mimosa pigra)
¢Syz}.'gium cumini~
No mangrove trees or salt marsh grasses shall be destroyed or
otherwise altered. Plants specificall:, protected bx' this regulation
include: all wetland plants listed bx' the Florida department of
environmental regulation in chapter 17-301. Florida Administrative
Code. as amended.
Fill areas and related dredge or borrow ponds shall be alined --':g(:'q)
substantiallv in the direction of local surface water ~lov.'s and shall
~ · ~.'_:
be separated from other fill areas and ponds by unaltered areas of
vegetation of comparable size. Dredge or borrow ponds shall
provide for the release of stormwaters as sheet flow from the
do`.vnstream end into unaltered areas of vegetation. Access roads
to and between fill areas shall provide for the passage of v,'ater in a
manner approximating the natural ilo',,,' regime and designed to
accommodate the 50-year storm. Fill areas and related ponds shall
not substantially retain or divert the tidal flow in or to a slough or
strand or significantly impede tidal action in an.',' portion of the
estuarine zone.
Manmade lakes, ponds or other containment `.`.'orks shall be
constructed with a maximum slope of 30 degrees to a depth of :,ix
feet of water. W'hen mineral extraction is completed in nc,.,,'
quarrying lakes, shoreline sloping, planting of littoral shel,.'es with
nurser>'-grov,'n aquatic vegetation, restoration or revegetation of the
property, and disposal of spoils or tailings shall be completed
before abandonment of the site. Existing quarrying lakes are
exempt from this provision except that whenever an.,.' person
carries out an activity defined in F.S. § 380.04.. as amended, as
development or applies for a development permit as defined in F.S.
fi 380.031. as amended, to develop an,,' existing quarr)'ing lake
area. these regulations shall apply.
Finger canals shall not bc conslructed in thc ACN('.S'[ area.
This r~ c shall no! app x 19 5J!...v altcration~ undertaken in
c,'mnectir,n x~ith the auricultura! usc of land or for thc con,.crsion
land to a~ricultural usc.
2. Drainage.
Existing drainage facilities shall not be modified so as to discharge
water to an.',' coastal Waters. either directly or through existing
drainage facilities. Existing drainage facilities shall not be
expanded in capacity or length except in conformance with
subsection 2[b] immediately following: however, modifications
ma.,.' be made to existing facilities that will raise the groundwater
table or limit saltwater intrusion.
b. New drainage facilities shall release water in a manner
approximating the natural local surface flow regime, through a
spreader pond or performance equivalent structure or system.
either on-site or to a natural retention or filtration and ilo`.', area.
Ne,.,,' drainage facilities shall also maintain a groundv,"at~}' level
l
sufficient to protect wetland vegetation th. rough the use of weirs or
performance equivalent structures or system. Said facilities shall
not retain, divert, or otherwise block or channel the naturally
occurring flows in a strand, slough or estt'.arine area.
New drainage facilities shall not discharge water into any coastal
waters whether directly or through existing drainage facilities.
This rule shall not apply ~o drainage facilities modified or
constructed in order to use land for a=ricultural purposes or 1o
convert land to such use.
Transportation
ao
Transportation facilities which would retain, divert or othem'ise
block surface water floxx's shall prox'ide for the reestablishment of
sheet flow through the use of interceptor spreader systems or
performance equivalen! structures and shall provide for the
passage of stream, strand, or slough ,a'aters through the use of
bridges, culverts, piling construction or performance equivalent
structures or systems.
Transportation facilities shall be constructed parallel to the local
surface flov,, and shall maintain a instoric ground lexel sufficient
to protect wetland vegetation through the use of weirs or
perfo.,r'mance equivalent structures or svstems and as feasible, the
flor, s in such x,.orks shall be released to natural retention ill:ration
and f~ov, s areas.
Transportation facilil,, construction sites shall provide for siltation
and runoffcon'~rol through the use of settling ponds, soil fixing or
performance equivalent structures or systems.
Structure installation
Placement of structures shall be accomplished in a manner that will
not adversely affect surface water flow or tidal action.
Minimum Iow floor elevation permitted for structures shall be at or
above the 100-year flood level, as established by the administrator
of the federal Flood Insurance Administration. The construction of
an,,' structure shall meet additional federal flood insurance land
management and use criteria. 24 CFR 1910. as amended:as
administered by the appropriate local agency. ' --~°x
Co
This rule shall o9! apply to $~ructurcs used or intended for use in
cormecfion with the a~ricultural use of the land.
...2.24.3._. LDC AMENDMENT'SL:md'H:MAKIE'S LDC
ORIGIN: Community Development & Environmental Services
AUTHOR: Stephen Lenberger, Environmental Specialist II
DEPARTMENT: Planning Services
LDC PAGE: LDC2:98
LDC SECTION: 2.2.24.8.
CHANGE: Add exceptions to special treatment (ST) overlay section of the land development
code for administrative approval by the development services director for oil and gas surveys and
testing v,'ith only temporary site alterations and water management berms and structures for the
protection and/or enhancement of ST areas as approved by the South Florida Water Management
District.
REASON: The proposed amendment ,,,,'ill allow the development se~'ices director to
administratively approve special treatment (ST) permits involving only minor site alterations.
Proposed exceptions include site alterations which are either temporary in nature or required by
the South Florida Water Management District.
FISCAL & OPERATIONAL IMPACTS: The proposed amendment will save stafftime in
preparing staff repons and presenting petitions to the CCPC and BCC. The applicants will save
time in obtaining special treatment (ST) permits.
RELATED CODES OR REGULATIONS: None affected.
-~ ', ~a e Exceptions
Where land has an ST designation and the proposed alteration or
development area contains 20 acres or less in gross area. and where no
transfer of development rights are involved, the development services
director may approve a site alteration plan or a site development plan.
Prior to such approval, the development services director shall make a
finding that the follo,~Sng conditions exist:
4w.a~
The proposed site alteration or site development plan will not
require any modification, with the exception of exotic vegetation
removal, of the topography, drainage, flora, or fauna on the site.
Single-family principal structure where the proposed, s_it..e.alteration
or site development plan will not require
modification of topography, drainage, flora, or faum on the site. or
where the alteration involves the renovation or replacement of a
single family structure. Significant modification shall mean greater
than ten percent of the site.
No pollutants will be discharged from the area that will degrade the
air. water or soil below the levels existing at the time of
application.
'Water mana~2ement ben-ns and structures (for the protection and'or
enhancement of ST areas'} which are of the minimum dimensions
.approved bx' the South Florida Water Management District.
Oil and gas lgeophvsical survevs and testing, with only temporary site
alterations and subject to applicable federal, state and county approvals
Temporary site alteration shall mean only those alterations involving hand
gut'ting of vegetation for su~'evs and equipment entrv, drill holes not
exceeding six inches in diameter and rut'tine associated with vehicle
access. Trimming of vegetation for access routes shall be kept to the
minimum width necessa~' for sur~'evin:~ and testing. The site shall be
restored as required bv federal, state and count,.' permits within 90 days of
the start of the proiect.
All other site alteration or site development plan approvals of any size shall be as
required in sections'~ " ...............
_.2._4.4. * * '4 ': and > ' '~4 6
2.2.2.~ $ LDC AM£NE~MENT SL md H M-XRIUS LDC
~o~t,l,~: k. omprehens~ve Planning
AUTHOR: Michele R. Mosca. Planner I
Brian Milk. Principal Planner
DEPARTMENT: Planning Services
LDCPAGE: 2:114.40-2:l14.46and2:13.5_2.137
LDC SECTION: 2.2.28.. 2.2.29.. and 2.2.23.
CHANGE
Section 2.2.28. will become "The lmmokalee Overlay District." Sections 2.2.28.
2.2.29, and 2.3.23 as exist presently within the Land De'velopment Code. will
become overlay sub-districts within the Immokalee Overlav District. Two additional
sub-districts, the "Farm Market Overlay Sub-District" and the "Agribusiness Overlav
Sub-District" will be created whh development standards designed to address lan~
use needs within their defined boundaries.
REASON:
To creale a zoning overlay for the Immokalee community. Incorporate
SR29 Commercial Overlay. Jefferson Avenue Commercial Overlay. and Immokalee
Central Business District into sub-districts and create two additional sub-districts to
address the land use needs ofthis rural farming community.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGt'LATIONS:
Amend the Land Develc, pment Code as folh,x~s.
Delete Sections 2.2.28 and" ".29 and ""
........ : and rename section"" '~8 ofthe Land Development
Code. - ....
~mmokalee Overlay District
THIS >.!,',P IS TO BE DELETED,
!
2.2.29.3.
2.2.29.2.1.
2.2.2O.3.6
..... per ! rO feet ,..c ..... , c
~- ....................... ;'e .... r,-,, ,,~ ....... ;~ projects
rr:,.iec::-!','.':a',ed v.'i:hin :hi,; o'.'er!av dis:ric~.
Street fC'R ? !(-,; shall cc,mprh.e
.... "" map
Sec. 2.2.28. Immokalee Overlay Distric~
~2
.Purpose and Intent. To create the lmmokalee Overlay District with distinct sub
_districts for the purpose of' establishin:e development criteria suitable for the unique
l_and u~e needs of the Immokalee Community.
Geographic boundaries' The boundaries of thc Immoka{ee Overlav District art
d_elineated on Map l belo,.v.
LAX£
IMMOKALEE OVERLAY
DISTRICT
~.2.28.3.
2.2.285.1.
State Road 29 Commercial Sub-District: svecia, 1 colndition, s for lhe properties
abutting SR-29. as identified on the Irnrngkalee, Are0 Mast,er Plan; referer~c,cd on
Mai> 2: and further idgotified bx,' the designation "SR29COSD" on the applicable
official Collier County Zoning Atla,~; Map,s,
Mai>
I.B,. 2~ COMMERCIAL OV~I=ILAY IUI-DII'f~CT
.Pz,/,rpose and i~;tcnt: The purpose of this designation is to provide for retail, office.
transient lodging facilities and highway commercial uses that serve the needs of the
trax'elint, public. These commercial uses must be located on a maior arterial or
collector roadwav. The prox'isions of this sub-district are intended to provide an
increased commercial depth alone SR-29 with development standards that will
ensure coordinated access and ,appropriate landscapine and bufferine compatible
,a'ith nearby residential properties,
identified on the Immokalee Future Land Use Map. ..
2.2.28.3.3.
2.2.28.3.3,1.
2.2.28.3.3.2.
2.2.28.3.4.
2.2.28.3.~.
2.2.28.3.7.
Deve/otmwnt criteria' The following standards shall applv to all uses in this overlav
sub-district.
Access points to SR-29 shall complv v,'ith Florida State Department of
Transportation permitting regulations. Parcels that do have a minimum of 4--10-feet
of street fronta2e shall provide access off exJstin2 adjacent roadv,'avs. ,.,.'hen possible.
and should not access to SR-29.
Owners of lots or combinations of lots ha'`'ing less than the required street frontace
ma,,' r~etition the board ofzoning appeals for a variance from the standard in this sub-
district as will not be contrarv to the public interest ,.,.'hen owing to special conditions
peculiar Io the property, a literal enforcement of these standards would result in
unnecessary and undue hardship.
Shared parking arrangements betu.'een adjoining developments shall be encouraged.
Deceleration and acceleration lanes shall be provided.
Pedestrian traffic shall be encouraged bv providing sidewalks. The location of these
sidev.'alks shall be coordinated with adiacent projects.
Buildings sha!l be set back from SR-29 a minimum of 25 feet and from the rear lot
line a minimum of 25 feet.
Projects shall pro'` idea ten-foot Tvpe A landscape buffer as described in section 2.4
bet','`ecn vehicular rights-of-'`tax with required sidewalks and adjacent residential
de;elopment .Adjacent commercial proiects shall pro'`ide coordinated landscape
plan~,
.An area equal to a minimum of tv, o and one-half percent of the total interior
xehicular use area shall be landscaped to pro,,ide visual relict'.
Buildings shall ha'`e a maximum height of 50
Je{fi'r.~on Avenue Commerc/al (A'erhn Sub-District.' special conditions for the
properties abuttinv Jefferson Avenue as identified on the Immokalee .Area Master
Plan: referenced on :"..lap 3' and further identified bv the desienation "JACOSD" on
the applicable official Collier Count,.' Zoninp .Atlas Maps.
Mar)
AvENuE CO~a~ER~iAL OVERLAY SUB.DISTRICT IJACOSDI
_flur_l~o.~e and intent' The purpose of this designation is tO provide for retail, office.
Vansient kdging £a.cJl/ties and highway commercial uses that serve the needs of th,-
I~aveline vublic. These commercial uses must be }ocated on a major arterial o,
collector roadway. The provisions of this sub-district are intended to provide an
increased commercial opportunity along Jefferson Avenue with development
standards that ,,,,'ill ensure coordinated access and approvriate landscaping and
buffering to be compatible with nearby residential properties:
A_v~licabilitv.' These regulalions applv To the commercial district alon~ Jefferso~
Avenue as identified on the Immokalee Future Land Use Map.
Developmen~ criteria: The follo,.ving standards shall apply to all use;
sub-district.
12
2.2.25.45.}.
2 .... 8.4..~.~.
;2.2.28.4.4.
2.2.28.4.6.
2.2.28.4.7.
2.2.28.5.
2.2.28.51.
2.2.28.5.2.
&.ccess points for future commercial development shall be limited to a maximum of
.one per 150 feet of street frontage. Properties v,'ith lets than the required street
frontage, shall be encouraged to utilize shared access points with adjoinim,
commercial development.
Owners of lots or combination of lots having less than the 150-foot of required
frontage may petit.ion the board of zoning appeals for a variance from the standard in
!.his sub-district as will Dot be corltrary, to the public interest when owing to special
.cgnditions peculiar to the proper'tv, a literal enforcement of these standards would
result in unnecessary and undue hardship.
A ten-foot Type. A landscape buffer as identified in section 2.4 of this Code shall be
provided on Jefferson Avenue for all commercial protects.
provisions for shared parking arrangements v,'i~h adioining dcvclopmcnts shall be
encouraged
Commercial buildings shall bc set back from Jefferson Avenue a minimum of 25
Commercial building shall have a maximum height of 5(} feet excludint, ten feet for
under-buildinv parking.
Farm .[[arkc/ (A'er/(n..%h-Di.~t,'ict' special conditions for the properties identified
on Nlap 4: and further identified bx' the designation "FMC)SD" on the applicable
official ('oilier ('ountx Zoninl: Atlas Maps.
Pu,7,,~t' a,a/i,m',~t The purpose of this designalion is to pro,,ide fc, r v, holesale and
fetal! uscs. outdoor a,.zricuhural product displa,.s and sales areas, truck parking, and
packin,.' houses and associated uses. The pro,,isions of this sub-district are intended
to provide retail and wholesale opportunities for aericultural businesses as well as
pro,,ide truck parkin,z for at'ricultural s.ilcs but not xvithin roadv, avs and rights of
x,,ax 3'he dc'.clopmcnt standards contained herein ha,,c been dcsiizned to enhance
and encourage devclopmem and redevelopment.
;tpphcahi,':t~ These regulations appl'~ to, the Farm .Market Ox crtav .Rub-district as
identified on XIap 4
'3
i;
Map 4
FARM MARKET OVERLAY $1.,I~-DISTRICT (FMOSD)
Permitted t,'~ve.v: All permitted uses within the underlvin.~ zoning districts, and the
follov,'inc uses. as identified in the Standard Industrial Classification .Manuat (1987b
are permitted as a right in this sub-district.
Agricultural Sen'ices (0723)
Wholesale Trade (5148)
Agricultural Outdoor Sales
14
Permitted subiect to the roi]owing, provisions:
Outdoor sales of agricultural products are permitted on improxed or
unimproved properties provided the applicant submits a site development
plan which demonstrates that provisions ,...'ill be made to adequately address
the following:
a. Vehicular and pedestrian traffic safetx' measures.
b. Parkine for undeveloped properties will be calculated at a rate of
!;250 square feet of merchandise area. A maximum often percent of
!he parkine required bx' division 2.3 of this code max' be occupied or
otherxvise rendered unusable bv the placement of temporar-,'
~tructures. eeuipment, signs, and merchandise. The min!;num
number of disabled parking spaces pursuant to division 2.3 shall be
required.
c. Limited hours of operation.
d. Fencinv. lightinv.
e. Fire protection measures.
f. Sanita~ facilities.
The applicant shall provide a notarized letter from the propcrtv owner
~rantinc permission to utilize the subiect proper'tx for acricuhural outdoor
sales.
The placement of one si~n. a maximum of 32 square feet. or two such sign,~
for properties containinc more than one street frontaee shall be permitted.
.-\cricultural product,, ma,.' be sold from a ,. el",icle ?rox ided that the vehicle
located in thc road rieht-of-v, ax.
A minimum 5-1k~,ot land.,cape buflk'r shall be required adjacent to an,. road
ri~zhts-of-xx a,,.
2.2.28.5.5.
1. L. cs and structures that are accessorv and incidental to the pe.'"mit~ed uses.
Dimensional .$'ta,du,-dc .As found within section 2.2.15;,'.-.4.. Dimensional
Standards. of this code. e::cept as noted below:
a. ..Minimum floor area: 500 square feet cross floor area for permitted principal
a.c. ricultural structures.
2.2.28.5.6.
Commercial Desig, Gmde/flw.~' Subject to provisions of Division 2.~.,,._Krchitcctural
and site desinn standards for Commercial Buildines and Pro/ect~ of ~hi~
,except as noted below:
2.2.25.5.7.
2.2.28.5.8.
2.2.28.6.
2.2.28.6.1.
2.2.28.6.2.
The following u~;.e.s, as identified in the Standard Industrial
Classification Manual {1987), are exeml3~ from the provisions set
forth in Division 2.8. of the Architectural and Site Design Standards
for Commercial Buildings and Projects.
Agricultural Sen'ices (0723)
Wholesale Trade (5148)
Agricultural Outdoor Sales.
Land.~caping and Bufllrer(ng' Subject to provisions of Division 2.4.
.... 15'/.-.5., of this Code,
Mercha,~di.~e Storage and Disp/m'.' As found within section '" '~
(xcept as noted below:
.Agricultural products may be displax'ed within any front yard
provided it does not adverselv affect pedestrian or vehicular traffic or
public health or safety and is not located within the road rights of
.4griht~.~i~wss Oa'erlav Sz~b-District: Special conditions for the properties identified on
Map 5: and further identified bx' the designation "AOSD" on the applicable official
Collier County Zoning Atlas Maps.
Pu,'~',,~.~c ami i~:tent The purpose of this desit, nation is to pro,, ide for ',,,,'holesale useq
and acricultural packing houses and associated uses. The provisions of this sub-
district are imended to proxide additional lands for agricultural related businesses
and ext':ansion opportunities for existim2 agribusiness. The de,,elopment standards
contained herein have been designed to permit consistent land uses ,.,.'ithin the AOSD
..-Ipplicat, ilm. These regulations apply to the At',ribusiness overlay sub-district as
identified on .".lap 5.
2.2.28.6.3.
~...28.6.4.
L
AGRIBUSINESS OVERLAY SLIB.O~STRICT IAOSD}
Permitted ?.,'se.,.' All per-mined uses within the underl~'ing zoning districts, and the
foIlowin.g uses. as identified in the Standard Industrial Classification Manual (1987).
are pemairted as a right in this sub-district.
l_. Agricultural Se~'ices (0723
Wholesale Trade (51481
Accessorr
1._: Uses and structures that are accessory and incidental to the perrrftt-e~d '~'x)--{i,
1V
2.2.28.6.5. ~imen$ional Standards: As found within section 2.2.15!5.4.. Dimensional Standards
2.2.28.6.6.
2.2.28.6.7.
2.2.28.7.
2.2.28.7.1.
2.2.28.7.1.2.
2.2.28.7.1.3.
2.2.28.7.1.4.
2.2.28.7.2.1.
9f thi,s Code.
Commercial Design Guidelines.' Subject to provisions of Division 2.8., Architectural
and Site Design Standards for Commercial Buildings and Projects. of this Code.
excem as noted below:
The following uses, as identified in the Standard Industrial
C. las~;ification Manual {1987), are exempt from the provisions set
forth in Division 2.8. of the Architectural and Site Design Standards
for Commercial Buildings and Projects.
A~ricuhural Sen'ices (0723)
Wholesale Trade (5148)
Land.~capi~Tg and Buffering: Subiect to provisions of DMsion 2.4.
Standards for parking within the lmmokalee Central Business Sub-District.
Primara' area Lots. parcels, or uses which have frontaee on West Main Street (SR
29) or First Street (CR 846) shall comprise the primal' areas.
£xistin£ uac~- Uses in existence as of the effective date of this code are exempt from
thc minimum parking requirements as set forth in section 2.3.16 except that existing
uses shall not reduce the number of spaces below that which is provided as of the
effective date of this code.
£xoa~.~io, The expansion of an',' use shall require parking at 50 percent of the
minimum requirement as set forth in section 2.3.16. for the expansion only.
Cha,~e i~ cxisti,g tt.~'e A chance of anx use shall be exempt from the minimum
parking requirements as set forth in section 2.3.16 up to an intensity level of one
parking space per 100 square feet. A chant, e of use to an intensity of greater than
one space per 100 square feet shall require parking at one parking space per 150
square feet.
L'se.~ in new b~dldings. Any use in a building constructed after the effective date of
this code will be required to provide parking at 50 percent of the minimum
requirement as set forth in section 2.3.16.
..~econdarT area. Lots, parcels, or uses which do not have frontage on Main Street or
First Street shall comprise the secondary area.
Existing uses. Uses in existence as of the effective date of this code a:
the minimum parking requirements as set forth in section 2.3.16 e,c¢'
!8
that existing
JUN 2 5
2.2.28.7,2.3.
2.2.2874.
.uses shall not reduce the number of spaces below that which is provided as of thc
effective date of this code.
.Expansion The expansion ofanv use shall require an addition to any parkinu of the
~inimum number of required spaces as set forth under section 2.3.]6. for th,.
.e~xpansion only
Chan£e in existin£ use. A change of an,,' use shall be exempt from the minimu,,
parking requirements as set forth in section 2.3.16 up to an intensity level of on,-
parking space per 100 square feet. A chance of use to an intensity greater than on,-
~arking space per 100 square feet shall require parking at 50 percent of the minimui~,
requiremenLas set forth under section 2.31.6. No chan!~e in use shall allow fo..- a
r_eduction of the current number of parkine st)aces provided.
~,)e.~ in ne, buildings Any use in a building constructed after the effective date of
t_his code will be required to provide parking at 67 percent of the minimum
.requirement as set forth in section 2.3.16.
(_)ff-.~ite parkin£ a£reements In no way shall the provisions of the lmmokale,-
.central business sub-d/strict (ICBSD1 be construed so as to prevent establishment,.
y. ithin the boundaries from taking2 advantaee of off-site parking arraneements as set
forth in section 2..3.a. II. Furthermore. the maximum distances ,set forth in sectio,,
~~N...incrc.ascd lc, (30fl feet within thc boundaries of thc ICBSD.
Properties v, ithin the ICBSD entering into off-site parking ag. reements witl,
proper'ti.es out~i&' the l("B.C,[) max utilize the 60(~-fl-,o: rule.
Bt,tm,lar,:c~ nfthc district ]'he. physical limits of the Immokalee central business,
district/lC'BSD) are as shov. n on the official zoninc atlas map of the subject area.
and a~ de.,crihcd
..Beginnin:,;..ot the intersection of First Street and Third Avenue. thc ICBSD boundarv
proceeds '~','es!erlx ak, nc the centerline of Third Avenue to its intersection xvith Nonl~
Fifth Street to its intersection u. ith Second Avenue. then v. esterlx alont~ th,'
centerline of Second Avenue to the northern extension of the east line of Lot 33.
_Block A, Joxce Park Subdivision; then southerly alone, said lot line to the southeast
comer of said lot. then xvesterlv along the south lot line of Lots 33, 34 and 35 to thc
?0uthv,'est comer of Lot 35. then northerly along the western lot line of Lot 35 to tht-
centerline of Second Avenue. then westerly to the centerline of North Ninth Street.
!hen southerly to the westerly extension of the north lot line of Lot 12. Block 6.
Carson's Subdix'ision. then easterly, northerly and easterly with the north lot line of
Lot 12 and continuing easterly to the northeast comer of Lot 6~ Block 4, Carson'.,.
.Subdivision. then southerly to the centerline of Boston Avenue. then easterly to
centerline of Fourth Street South. then southerly to the western extension of the soutl,
Jot line of Lot 5. Block 9, Carson's Addition Subdivision. then ea lerh' tO th~-
centerline of Third Street South. then southerly to the centerline of Cole ldo
then easterly tot he centerline of Second Street South. then southerly to t]~e centerlinc
JUN 2 3
of Eusfis A. vcn~¢, ~bcrl easterly tO the. ~;guth~m Cx~ensjor~ of the centcrline of Fahrncv
$~rect to thc cemerline of .P¢lawar¢ Avenue. lhcn westerly to Iht southern cxlcnsion_
of thc cas~ lot lint of Lot 14. Block 1, Mainline Subdivision. then northerly ~o thc
centcrline of Rose Avenue, then westerly to the cemerline cf South First Street. then
nonherlv To the point of beginning.
Ii
20
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
Current Planning Section
Ronald F. Nino. AICP. Planning Services Manager
Susan Murray, Principal Planner
BD'an Milk. Principal Planner
Nancy Siemion. Landscape Architect
Planning Ser,,'ices
LDC2:152.2
CttANGE: Amend Table 2.4, Table of Buffer Requirements by Land Use
Classifications. adding row # 14, Automobile Service Station and specific buffer
requirements for automobile service station land uses.
REASON: To cross reference the additional landscape buffer requirements which
pertain specifically to automobile serx'ice stations as a result of amendments to Section
2.6.28. Automobile Ser,.'ice Stations.
FISCAL & OPEILA. TIONAL IMPACTS:
.~one.
RELATED CODES OR REGULATIONS: None.
Amend the Land Dex elopmem Code as folloxvs:
Section 2.4.'7..Minimum landscape buffering and screening bemeen uses.
ORIGIN: Community Development 8,: Environmental Sen'ices
AUTHOR: Nancy L. Siemion, Landscape Architect
DEPARTMENT: Planning Sen'ices
LDC PAGE: Page 2.152.3
LDC SECTION: 2.4.7.5.
CHANGE: Amend Section 2.4.7.5."Collier Count}' Streetscape Master Plan"
REASON: To clarify the intent of the Collier Count3' Streetscape Master Plan to include the
Type D Landscape Buffer within its guidelines.
FISCAL & OPERATIONAL IMPACTS: This proposed change will not have a fiscal or
operational impact to Collier Count}'.
RELATED CODES OR REGULATIONS: None.
Amend the LDC as follows:
Sec. 2.4.7. Minimum landscape buffering and screening be~'een uses.
2.4.7.5.
Collier County Streetscaloe Master Plan. Street corridors identified in
Collier Naplescape 90's Streetscape Master Plan. including areas within
the right-of-wav and on required buffers adjacent to the fight-of-way.
shall adhere to the requirements of the Collier Naplescape 90's Streetscape
*laster Plan.
Notwithstanding the above, for required landscape buffers adjacent to an,,'
.right-of-way, the requirements of the Collier Naplescape 90's Streetscape
Master Plan shall apply at the time of.any related subsequent development
order including construction plans attender to the approval of a final plat
and or a Final Site Development Plan. Where there is disagreement as to
the an~lJcation of said Streetscape Master Plan standards and
.requirements. an official interpretation of the Planning Sen'ices Director
pursuant to Section 1.6.1 of the Collier Count' Land Development Code
ma,,' be requested. F .u~t. her, the interpretation of the Planning Service~
Director may be appealed to the Board of Zoning Appeals as prescribed by
..Section 1.6.6 of the Land Development Code.
his'f/1998 doc's/LDC 2.4.7.5/3-17-98
Origin: Current Planning
AUTHOR: Chahram Badamtchian
LDC PAGE: 2:167
LDC SECTION: 2.5.7.28.
CHANGE: Removing the word 'Tethered" from the sentence.
REASON: An inflatable sign may be fastened to the building or to the ground in
ways other than tethered.
FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no
fiscal or operational impact on the County.
RELATED CODES OR REGULATIONS: None.
Amendment to the LDC as follows:
2.5.7.28. Tc',hcrcdi inflatable signs.
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGES:
LDC SECTIONS:
CHANGE:
REASON'
Current Planning
Chahram Badamtchian
Planning Services
2:170
2.5.12.4.6.
Staff is proposing to allow architects to sign and seal drawings for
signs.
Architects are licensed to sign and seal plans for basic structural
designs and wind load requirements. There are qualified to design
signs.
FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no
fiscal or operational impact on the County.
RELATED CODES OR REGULATIONS:
None.
Amendment to the LDC as follows:
2.5..12.4.6. Two blueprints or ink drawings, certified by a Florida registered
engineer or a Florida re,qistered architect, of the plans and specifications and
method of construction and attachment to the building or the ground of all pole
signs and all projecting sign; and any ground sign over 32 square feet.
DATE:
ORIGIN:
AUTItOR:
DEPARTMENT:
LDC PAGE:
CHANGE:
REASON:
Mm-ch 26. 1998
Current Planning Section
Ronald F. Nino. AICP. Current Planning Maragcr
Susan Murray. Principal Planner
Planning Services
LDC2:174
Amend Section 2.6.4.2, Subsections I and 2, of the LDC, to
specifically eliminate the words "or a final development order" and
to allow administrative approval of after-the-fact yard
encroachments of up to 6 inches rather than the presently allowed
2.5 percent of the yard not to exceed a maximum of 2.5 inches for
structures which have not been granted a certificate of occupancy.
Amending Subsection I to allow for 6 inches rather than 2.5 inches
w/Il provide a reasonable and easily measurable margin of error
necessitating administrative relief due to conditions associated with
the land. structure, or human error.
The language "or a final development order" has been interpreted
to include a County-issued building permit. Applications for
administrative approval of after-the fact yard encroachments of up
to two (2) feet (after the Count>' has issued a building permit) have
become a common and relatively inexpensive way for developers
of property to obtain an administrative deviation from the current
yard requirements, rather than comply. Obtaining after-the-fact
administrative approval for variances in order to build at reduced
setbacks does not comply with the intent of Subsection 2. The
intent of this subsection is to provide administrative relief to
property owners which have developed properties with
structures which do not comply with current requirements
(developed under previous land development code requirements)
or for other unanticipated reasons.
FISCAL & OPERATIONAL I.MPACTS:
None.
RELATED CODES OR REGULATIONS:
None.
2..6.4.2.
2.6.4.2. I.
Minor after-the-fact yard encroachments.
Minor after-the-fact yard encroachments ma',' be approved
admin/stratively by the development se~'ices director. For the purposes of
this subsection, minor yard encroachments shall be divided into two
classifications:
Structures for which a certificate ofoccupancy ~
...... v ............ has not been granted. The development
sen'ices director ma)' administratively approve minor after-the-fact
yard encroachments of up to 2.5 _5 percent of the required yard. not
to exceed a maximum of 2.5 6 inches.
Structures for which a certificate of occupancy or a final
...... v., ........... has been granted. The development sen'ices
director ma,,,' administratively approve minor after-the-fact yard
encroachments of up to ten percent of the required yard. not to
exceed a maximum of two feet,
ORIGIN: Department of Revenue
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDCPAGE: 2:186
LDC SECTION: 2.6.15.
CltANGE: To amend the provisions of Section 2.6.15. for the purpose of establishing
minimum internal dimensions for solid waste bulk container (dumpster) enclosures, and to
provide guidelines which will allow waste removal vehicles to safely enter, exit, and maneuver to
access the container.
REASON: The Department of Revenue has advised that there currently are no minimum
dimensional standards for dumpster enclosures, resulting in damage to some enclosures by Waste
Management vehicles attempting to access the container. This lack of dimensional standards has
al~ re~Ited in the inability of some enclosures to accommodate larger waste containers when
required by the customer. In addition, some enclosure sites have failed to provide adequate area
for the vehicles to safely enter, exit, and maneuver to access the container.
FISCAL & OPEI:LiTIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: Ordinance Number 90-30 as amended
Amend the Land Development Code as £ollows:
Sec. 2.6.15
Solid waste disposal.
Pursuant to Ordinance No. 90-30, as amended, solid waste disposal shall be
required in the form of bulk container service (garbage dumpsters) for all
commercial establishments and muhi-family projects containing five or more
dwelling units under a common roof, excluding rowhouses or townhouses not
exceeding two stories in height upon demonstration of adequate access to
facilitate curbside p/ck'up and that all individual units have an enclosed location
other than the residential structure, such as a carport or garage, for the storage of
individual solid waste containers, or as otherwise permiued below.
2.6.15.1.
Screening. All trash or recycle receptacles shall be locat
easily accessible to the residents and the solid waste haul
screened on at least three sides to prevent visibility of
:ontainers ?~,.',e. ~
JU',~ 2 _~
,7¸
2.6.15.1.I
2.6.15.1.2.
neighboring property owners and ~om adjacent streets at the first floor
level, except as provided for in section 2.6.15.~.~. En.¢.losures shall have
minimum in~ernal dimensions of 12 feet by 12 5~t square. If equipped
with gates, the clear opening dimension shall be a minimum of 12 feet and
the gates must be equipped with a device to hold them open.
1
PLAN VIEVV
FF~C)NT VIEW
The following structures ma3' be used for screening as required above:
Wood fence.
Concrete block and stucco wall, brick wall, masonry wall, or walls
of similar material.
Vegetative screening in conjunction with section 2.6.15.2.1. or
section 2.6.15.2.2. above.
Screening, as required above, shall be exempt from height limi
fences provided there is no obstruction of vision of adjacent stree
s.~,. _for
JUN 2 3 LoS8
2.6.15.~.Z
Screening of bulk containers (garbage dumpsters) may be exempted in:
Industrial districts (I) if the dumpsters are located greater than 200 feet
from residentially zones or used property and a,'e not located within front
yards; rural agricultural districts (A) in conjunction with a bona fide
agricultural use on parcels conforming to the required minimum lot size in
the district; and during construction in all other districts.
accommodate a vehicle requiring a minimum clear width of 8 feet and
slreel. Containers and enclosures shall be placed such that the accessing
V' ' ~,k.'
V ' ' V~ V'
as herein illustrated.
M'inimum requirements and locational restrictions. In the case of multi
family developments with more than four units per structure, at least one
standard size bulk container (dumpster) per every ten units shall be
required. All such containers are subject to the follov, inc, locational
restrictions: -
2.6.15..3.,4._,
2.6.15.~_..L
Solid waste bulk containers (garbage dumpsters) shall be permitted
in all zoning districts.
Solid waste bulk containers max' be located w/thin a required vard
provided they do not encroach into a required landscape area. and
further provide that there be no blockane of the view of motorists
or pedestrians so as to constitute a hazar'-d.
In the case ofmuhi-family developments containin.~ more than one
structure, no solid waste bulk container (garbage ~lumpster) shall
be located greater than 500 feet from the structure it is intended to
serT¢.
Exceptions. The site development review director, or his designee, max'
allow the following exceptions to the above requirements.
Solid waste bulk containers (dumpsters) ma,.' be substituted by individual
solid waste disposal set'vice (unit bx' unit curbside pick-up) subject to the
following:
In the case of individualN, owned muhi-familv dwe
(condominiums). individual'(curbside) solid wast~ dispc
gal semicc
2.6.1.~ LDC A.ME.~'D:,I£.x'7 RG md
may be substituted for the required bulk containers (dumpsters)
upon documentation that the subject unit or condominium
association, having been turned over f,'om the dt:~cloper to the
residents, has voted in the majority to eliminate the use of
dumpsters in favor of individual curbside sen,ice for all or pan of
particular development, subject to acceptance from both the Collier
County Solid Waste Department and the waste hauler.
Additionally, the association shall demonstrate that there is
adequate access to facilitate curbside pick'up and that all individual
units have an enclosed located other than the residential structure,
such as a car'pon or garage, for the storage of individual solid
waste containers.
In the case of multi-family rental units bulk solid waste disposal
containers (dumpsters) shall be used unless an alternative
methodology for solid waste pick-up is approved by the Collier
County Solid Waste Department and the waste hauler.
In the case of a commercial use bulk solid waste disposal
containers (dumpsters) shall be used unless an alternative
methodology for solid waste pick-up is approved by the Collier
Count',' Solid Waste Department and the waste hauler.
ORIGIN:
Currcm Planning Section
AUTHOR:
Ronald F. Nino, AICP, Plarming Sen'ices Manager
Bryan Milk, Chief Planner
Susan Murray, Principal Planner
Nancy Siemion, Landscape Architect
DEPARTMENT: Planning Services
LDC PAGE:
LDC2:201-204
CHANGE:
Repeal Section 2.6.28 Automobile Service Stations and replace
with more specific regulations v,,hich apply to the location, layout,
operation, landscaping, parking and permiued sales and service
activities of automobile service stations.
REASON:
To minimize the highly visual and activity level impact of this use
to ensure that service stations do not result in an adverse impact on
adjacent land uses. especially residential land uses. Recognizing
that automotive service stations are multi-functional - providing
sen'ices such as gasoline purchase, convenience shopping, light
auto repair, facilities to travelers such as food, restroom, water and
air.
FISCAL & OPERATIONAL ISIPACTS:
None,
RELATED CODES OR REGULATIONS:
~'orle.
Amend the Land De'~ elopment Code as follows:
fencing.
c, ..... £:0 ]
beyond
'h~'' 'he
"c~'~ "]cng '~- t~, .~. ~t.~ t. ~;,:~, ~.
t2.
Sec. 2.6.28. Automobile Service Stations,
Thc following regulations apply to the location, layout, drainage, operation, fencing,
].andscaping, parking, architectural features, and peimitted sales and service activities of
a_u/omobile service stations ~,hich include co.nvenience grocery stores selling motor fuels:
~um~$e andlntent. The purpose of this section is to ensure that automobile servic,-
stations do not adversely impact adiacent la'nd uses, especia]ly residential land uses. Thc
hJP. h levels oftraf.fic, glare, ,and intensi_t'y, of USe associated with Se~'ice stations,
~artieularlv thos.e open twenty-four hours, may be incompatibl.e with surrounding uses,
~$oeeJally residential uses. Therefore, in the interest of protecting the health, safety and
£¢nera] welfare of the public, the followin~ regulations shall ,apply to the location, ]ayout~
Oraina~ze. operatign, }andscapine, parking and permitted sales and sen'ice activities of
~utomobile sen'ice stations_.' '
~...6 28. l__..~
Locatio,nl attd Site Standards All automobile sen'ice station,.
shall meet the following criteria:
~Minimum roma e: An automobile service station shall not be
located on a lot whh less than one hundred riflv {150) feet of
f.rontalze on a vehicular right-of v,.ay.
.. .Xh,t,m,t depth ' One hundred eiehtv (180) feet.
'I
3hut,m,r Io~ or ?arcel area: 30.000 square feet.
. c aration rec uiremcnts: There shall be a minimum distance of
500 feet. shortest airline measurement, betv, een the nearest
oim$ on an,.' lot or a eel of land to be occu ied for automoNle
.se~' ce stations, and any lot or parcel which is occupied by ar,
automobile sen'ice station or for which a buildin ermit has been
issued.
,[/iuimum 3'ard requirements: All structures.
('.a) Front yard setback - Fifty (50) feet.
(b) Side yard setback - Fort-,,' (40} feet.
{'c) Rear yard setback - Fort5' (40) feet.
Parkm re ut'rements: As re uired by D/vision 2. Off-Street
Pa. rkin~ and Loading.
,4,'chiwcmral Desig,7' As required b's.' Division 2.8~,
.and Site Desi~ Standards and Guidelines for Commerci
.Buildings and Projects.
(8)
Landscaping '..Ibc following landscave requirements are in
addition to the requirements of Division 2.a, Landscaping and
Buffeting.
a_..: .Required landscaping adjacent to property boundaries:
.(!.) Right-of-way buffer landscaping:
(a). Landscaping adjacent to rights-of-way external to the
development project shall be located within a landscape buffer
easement which is a minimum of twenty-five (25) feet in width.
Water management swales shall not be located within these buffer
.areas, however, water manacement facilities such as underzround
vivin~ shall be pertained.
lb). An undulating berm with a maximum slope of 3:l shall be
constructed along the entire lencth of the landscape buffer. The
berm shall be constructed and maintained at a minimum average
heicht of three (3) feet. The berm shall be planted with ground
cover (other than zrass), shrubs, hedces, trees and palms.
{c}. The required trees and palms shall be clustered in double
rows with a minimum of three (3) trees per cluster. Canopy trees
shall be planted at least fifteen (15) feet on center within a cluster.
The use of palms within the ri~zht-of-v.'av buffer shall be limited to
landscaped areas adjacem to vehicular access points. Palms shall
be planted in sta~eered heir. hfs, a minimum ofthree (3) palms per
cluster, spaced at a maximum of eight (8) feet on cenler, with a
minimum ora four (4) foot difference in height between each tree.
A maximum distance oftwentv, five (25) feet betxx'ecn all types of
tree clusters shall be maintained (See Illustration 1).
(d}. All of the trees shall be a minimum of fourteen
feet in heie:ht at the time of installation. Trees shall have
a minimum ora 3 1/2 inch caliper at 12 inches above the ground
and a six (6} foot spread. At installation, shrubs shall be a
minimum of ten (10) gallon~ five (5) feet in heicht, with a three
foot spread, planted four (4) feet on center.
~ Landscaping adjacent to all other property lines:
(a)? Side vroveny boundaries (other than those adiaccnt to rights-
of-way) shall be planted with single row hedees consistent with
thc minimum requirements of Division 2.,~, Landscaping and
Buffer'inc.
Cb). Rear oropcrrv boundaries Iolhcr than those adiaccn! Io road
rifts-of, way) shall be planted with a sin_~l¢ row hedge. 'I'Ve hedge
shall be a minimum hcigh! of four (a) fcc! at olantin~, olantcd at
three (3) feet on center and shall be maintained at a h¢iRht of five
(5) feet.
I0.
II.
12.
(3} Curbing: CurbjnR shall be installed and constructed,
consistent with minimum code requirements, between all paved
areas aod landscape areas,
Perimet,er Walls: Automobile ~ervice station sites shall be
s~arated from adiacent residentially ~:0ned or resid~tiall¥
develo0ed or0perties by an architecturally designed six (6) foot
hieh masoru'3.' wall or fence utilizing materials similar in color.
roodule and texture to those utilized for the building. Landscapine
lihall be planted on the residential side of the fence or wall.
Lighting'
All lighting facilities shall be directed away from adioinil'l['
orot~erties.
On site luminaries shall be of iow level, jrldirect diffuse
t_v~e and ~hall not exceed a height of greater than tv.'entv
feet above finished re'adc.
Liehting located underneath a canopy shall be of low level,
SDdirec! diffuse type designed to provide light onlv to the
Bumr~ island areas located underneath said canopy.
Rcst Rooms: All rest rooms shall be located inside or to the side or
rear of the building.
$ienage: As required by Division 2.5, $igna~:e and the following
regulations:
Accent lightint and back lighting is prohibited on canopv
structures.
P01e sign;; are prohibited. A sintle ground sign shall be
vermitted Der ~;ite, not to exceed si:,tv {60} square feet in
area. Ground siens shall be limited to fifteen ¢15~ feet in
heieht. The sien ~;hall be placed withir~ a 209 squarq foot
landscaved area. [ ' X~.(~') "~ !
,2.6.28.2
13.
[ll.uminated sillnage, logos, advertising and information arr'
prohibited above :~as pumps.
The number ofon-premises directional signs shall be
limited to two (2) signs per entry/exit.
Signa~e identifying air, water and vacuum apparatus
shall be limited to a total of four (4) square feet in area.
Trash Storage: As required b.v Section 2.6.15, a six foot hiv, h
enclosed trash area to be inte~ated with the design of the service
station shall be provided.
14. Storage TanL,: Storaee tanks shall be located below m-adc.
15. Outside displm, of?roduct$: There shall be no outside displays of
products, stackin2 of tires or other merchandise.
16. Entrance and exit: No automobile serMce station shall have an
entrance or exit for vehicles within 200 feet alone the same side of
a street as a school, public play .m'ound, child care center, church,
hospital, public libra~', or an,,' institution for dependents or for
children, except where such property is in another block.
Building colors and color handing on cano?v structures: Color
accent bandine on easoline canopy structures and all other
structures is prohibited. Canopies shall be of one color· consistent
with the predominant color of the principal structure, if applicable.
The colo." of al! structures on site shall be ofsofl earth tones or
18.
pastels.
l~!3'os;t'ucturc for generatot'.~: Each automobile se~'ice station
.,shall provide the necessa~' infrastructure and pre-wirint in order to
provide the capabilities for generator service in case of
emergencies.
?.rcel*tion&
]. Locational and site standards in accordance with subsection 2.6.28.1.(] I
- (5), shall not apply to, nor render non-conforrnin2, an,,, existing
automobile sec'ice station or any automobile service station within
Planned Unit Development (PUD) in which a specific architectural
renderine and site plan was approved as part of a rezonJn~ action, prior to
the effective date ofthis amendment.
2.6.28.3
,2. However, existing ,automobile ser, Sce stations which may olherw{se b~-
rgndered nonconforming by the provisions of subsection 2.6.28.1. (6) -
(18). or any Other applicable standard, excq~t for automobile service
stations within a PUD as described above, shall comply with applicable
subsections of Division ].$, Nonconformities.
Operational Standards. In addition to the retail dispensing of automobile
..fuels and oil, only the foIIo',ving sen'ices may be rendered and sales mad,,
excel as indicated:
Sales and sen'icing of spark plugs, batteries, distributors and
.distributor parts.
.Sales, mounting, balancing and repair oftires and wheel
alimaments, but not recapping of tires.
Sales and replacement of water hoses, fan belts, brake fluid,
!i~htbulbs, fuses, floor mats, v,'iper blades, ~ease retainers, wheel
_b.earin~s, shock absorbers, mirrors, exhaust systems, and the like.
4
.l:'rovision ofv.'ater, antifreeze, flushing of the coolin,v., system, air
conditioning recharge, and the like.
5. Providing and repair/ne fuel pumps and lines.
.,Minor motor adjustments not involvine removal of the head or
crankcase.
'7
,.1,9
.Greasing and lubrication.
Sales of cold drinks, candies, tobacco and similar convenience
goods for service station customers, but strictly and only as
accessory and incidental to the principal business operation.
Provision of road maps and other information.
No mechanical work shall be allov,,ed outside of the enclosed
areas.
.11.
Oil drainalze pits or appliances for such purpose or repair purpose.,'.
shall be located within a wholly enclosed building.
.Uses permissible at an automobile service station do not
.major mechanical and body work, straightening of frames c
pans, steam cleaning, painting, welding, storaee ofautomo
(excem as expressly permitted in para~aph 13 below), co,~
Iud,' ~[ ~~"
· body
'ile~JUN 2 ,3 1998
mercial
.2.6.28.a.
garage as.an accessory use, or other work inx'olvine, undue noise~
glare, fumes, smo.ke or other characteristics to an extent creater
than normally found in such stations. An automobile service,
station is not a facility for the sale of automobile vehicles, a repair
garage, a body shop, or a truckstop~.
!3.
The temporal, storage of vehicles shall be permitted if the v ' .
'" . ehmle~.
a_re to be serviced at the sen'ice station or if the vehicles have
been towed by the service station and are being held for sen'icing,
for an insurance company or for salva.~e. Any such vehicle(s)~
o_ther than those vehicles serviced daily, shall be stored within an
area surrounded by an opaque fence not less than six (6) feet high
.Said vehicles shall not be stored longer than sixty ('60) days.
14.
Washing and polishing of automobiles and sale of automobile
.washing and polishing materials, but this onlv allows auto detailing
.as an accessory use, but this provision does not allow cam'ashe~
excem in those zoning; districts where a cam'ash is a permitted usel
and where such cam'ashes shall be subject to criteria specified i,,
.the zoning district.
Waiver of distance requirements. The board of zoning appeals may, by
.resolution, grant a waiver of part or all ofthe minimum separatio,
requirements set forth in section 2.6.28.1. ifit is demonstrated bv tht-
a¢¢licant and determined by the board ofzoninv, appeals that the s/t~'~
proposed for development of an automobile service station is separated
from another automobile sen'ice station bx' natural or man-mad,
boundaries, structures or other features which offset or limit the necessity
/gr such minimum di~;!an.ce requirements. The board of zoning appeals
.dec/sion to waive part or all of the distance requirements shall be based
u.u. u2_on the follo,.vinq factors..'
.Y,'hether or not the nature and type of natural or manmade
.boundary, structure, or other feature lying between the proposed
establishment and an existing automobile service station is
.d. etermined by the board to lessen the impact of the proposed
sen'ice station. Such boundar3.', structure or other feature may
include, but not be limited .to, lakes, marshes~ nondevelopab[-
'+.'etlands, desi~ated preserve areas, canals and a minimum of~
four-lane arterial or collector ri~,:ht-of-wav.
hours or ifin additi n t r in lieu ofservicin the station
food, gasoline and other convenience items during daytime
.nighttime, or on a 24-hour basis.
Whether or not the automobile sen'ice station is only engaged
the sen'icing ofautomobiles during regular, daytime busines..
dUt 2 3 1998
Whether or not the sen,ice station is located within a shopping
center primarily accessed by a driveway, or ifit fronts on and is
accessed directly from a plaited road right-of-way.
Whether or not the m'antin~ 9fthe distance waiver will have an
.adverse impact on adjacent land uses, especially residential land
.uses.
2.6.28.4.1.
..Waiver request submittal requirements. The request for an automobile
se. rvice ,station waiver shall be based on the submittal of the required
application, a she plan, ,"md a written market study analysis which iustifie~
a need for the additional automobile service station Jn the desired location.
.The site plan shall indicate the following:
1_, _The dimensions ofthe subject property.
vehicular points of into'ess and e.Kress.
Corer>fiance with all requirements of this code includinv, the
location of the structures on site, landscaping, off-street
parking:, site circulation, architectural design guidelines, and
si.~na~e
4
.4,11 proposed buffer areas.
The site plan shall also indicate the layout and type of land uses
surrounding the subiect property within 500 feet. The site plan
shall show the layout of the road on which the proposed station
fronts or to which access is provided, includin~ the tvve of
road, the n.umber of lanes, and the location of intersections and turn
lanes, median locations and median widths, for a 500 foot distance
from the subiect parcel.
2.6.28.4.2.
Additional conditions. The board ofzoninv, appeals shall have the
right to add additional conditions or requirements to its approval of
a distance waiver request in order to insure compatJbiliw of the
automobile service station with the surrounding area and the ~oalq
and objectives of the Growth Mana~:ement Plan.
-,,.-
JUN 2 3 1998
!LLI,JSTRA rlQN I
~ ff.%~/r~~~.:~, ,_~: .... ". · ~.,~'- % ~,~., c ....
~ ~ ~~~'.': '~'~3"
~ ~y~ ~ r~:.',~ - ~.~
~] : , ---
~;~'
~rEn
-" /
~, .._ I ~ , ~LE now ~ 2o'
'-~ ~ ', ~. _
' ~ - ' ~'~J ' ' ~ SPAC~G
~ ~ ).1 ~~~'~%~ ' -- ' ~ PALMS
BUFFER I ~'~. ~, ~ '
OHR~ & '%, ' MAX I .0 W.
G~O~
" ~ET~EN
EDGE ~ -~. TR[[S
~N 3 PALMS P~R CLUST[~
-~AT PA~NT
.AUTOMOBILE SERVICE STAT ON
R.O.W. LANDSC,,APE REQUIREMENT~
ORIGIN: Community Development & Environmental Ser~'ices
AUTHOR: Bryan Milk, Principal Planner
Tom Palmer, Assistant Count)' Attorney
DEPARTMENT: Planning Sep, Sces
LDC PAGE: 2:215 thru 2:222
LI)C SECTION: 2.6.35.2. and ,_.6.35.6.~. Communication Towers
CHANGE: To amend provisions of Section 2.6.35. for the purpose of defining antennas;
establish a minimum setback of 75 feet for communication towers 75 feet in height or less
located in commercial and industrial zoning districts adjacent to residential zoning districts; and
thru the conditional use process provide the ability to review a communication tower in the
agricultural zoning district on sites that comprise less than 20 acres.
REASON: This amendment provides specificity to antenna's; provides development
regulations for communication towers up to 75 feet in height in commercial and industrial zoning
districts; and provides thru the conditional use process the ability to review a communication
tower in the agricultural zoning district on sites that comprise less than 20 acres.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the Land Development Code as follows:
2.6.35.2.
Definitions. As used herein "antenna" does not include ['a,) wire antennas
or (b) 'receive only' dishes that have an outside diameter of less than fo~'
(40) inches. A "tower" is a structure for the primary purpose to raise the
height of an antenna. An "antenna structure" is a base, stand, or other
method of stabilizing an antenna but the primary purpose is other than
raising a height of an antenna. "Effective radius" means a radius of six
miles from the respective tower unless a lesser radius is approved. "Lesser
effective radius" means an approved radius of less than six miles. "Zoning
district" includes areas within planned unit developments (PUD) that have
density requirements similar to those specified in this section. "Ail,"
"any," and "each" means exempt and nonexempt towers, structures, and
owners unless the context clearly indicates otherwise, but does not include
old towers or old sites except in subsection 2.6.35.6.13 rqI.ate.d to
inspections. An "old" tower or site means a tower or silo thal2;"_o,,'~ "~(,~)
approved prior to the effective date of Ordinance No. 91-84. A "new"
JUN 2 4 1398
2.6.35.6.2.
tower or site means a tower or site that requires approval under this
section. An ",,pproved" tog'er or site is a tower or site that was approved
under Ordinance No. 91.84 or is approved under this section. "Owner"
refers to a sole ow'ncr or an)' co-ov,'ner. "Rent" means to rent. lease, or
otherwise provide tower or site space. "Monopole communications tower"
means a commercial vertical single tubular self-supporting tower for non-
parabolic antennas with small effective radii. "Unavailable to the
applicant" means a tower that cannot accommodate the applicant's
proposed antenna or a site that cannot accommodate the applicant's tower.
antenna, and related facilities. "Unavailable" means that no additional
tower or site capacity is available to anyone. "County manager" includes
designees of the county manager. The singular includes the plural and
vice versa unless the context clearly indicates otherwise. "Government"
means the United States government and an5' agency thereof, the State of
Florida and any agency thereof, any municipal corporation and an)' agency
thereof, Collier Count.,,' and any agency thereof, and any district. Except
as to monopole communications towers, and structures and antennas that
are limited to 20 feet or less in height without conditional use approval.
heights of tog'ers and structures specified herein are exclusive of an','
antennas affixed thereto and are exclusive of the respective ground
elevation.
Permit'ted ground-mounted towers. Towers not exceeding the stated
maximum heights are a permitted use subject to other applicable
provisions of this section, including separate requirements and shared use
provisions. Tov,'crs that exceed those specified maximum heights require
'""'"'~:':"'"~' ............ ' variance in accordance with Section 2.7.5.
All commercial and industrial zoning districts: An.,,' tower up to 75
feet in height is a permitted use ..,..,..~ ......... n .... um ;'ard
,~ provided the base of such tov,,'er is separated from
the nearest boundary of any parcel of land zoned RSF-I through
RSF-6. RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or
PUD zoning of six re.sjde.ntial dwellinR units or less, by a minimum
distance of 75 feet. An)' tower that exceeds 75 feet in height up to
a height of 185 feet is a lawful use only if permitted or othenvise
provided in the respective zoning district and the base of such
tower is separated from the nearest boundary of an.,,, parcel of land
zoned RSF-I through RSF-6, RMF-6, E, RMF-12, RMF-16. RT.
VR, MH, TTRVC, or PUD zoning of six residential dwelling units
or less, by a minimum distance in feet determined by multiplying
the height of the tower (in feet) by a factor of 2.5. (The minimum
separation distance is 2 V: times the height of the tower.) Towers
which do not meet the separation requirement ma~.;' a_pp.~, for a
variance in accordance with section 2.7.5. ,.: "~ '_,.~2 C71.,)
JUN 2 4 1~8
Agricultural zoning districts within the urban designated area:
Tov,'ers not exceeding 200 feet.
3,
Agricultural zoning districts within the rural designated area:
Towers not exceeding 280 feet.
Ali agricultural zoning districts: No tower that exceeds tv;e,
hundred and ei~thty (280) feet in height exclusive of any antenn~
~ shall be allowed on any site comprising less than 20
acres under common ownership or control except such en
,,~.4:,:^,.,,,~ ..... :,.. wh¢;'e towers can be approved as a
conditional use on sites of less than 20 acres if the tower must be
located in the ge~neral area of the _pronose.d site and the applicant
_c.annot with_economic feasibility acquire title to or control of t'by
[ease, etc.) a suitable tower site of at least twenty (20) acres in th,-
r_eouired geographic vicinit3, of the proposed tower sit,-.
2.6.35.2. LDC AMENDMENT/BM/md.,'H:
AUTHORS: Thomas E. Kuck, P.E., Enginccr/ng Review Manager
John R. Houldsworth, Senior Engineer
DEPARTMENT: Planning Sc'ri'ices
LDC Page: LDC 3:9; LDC 6:49
LDC SECTION: Section 3.2.4.10.1 of Division 3.2, Subdivisions; and Division 6.3, Definitions
CHANGE: Require Rural Area Subdivisions to submit a Preliminary and Final SubdMsion Plat
REASON: To be consistent with Florida Stat'ute 177, wkich requires planing of a subdivision of
thr~ or more Lots or Parcels. To provide the Board of County Commissioners and the General
Public a Public Hearing process during the permitting ora Rural Area Subdivision. The County has
had two Rural Area Subdivisions in 1997, both ofwhJch have been controversial, and only one had
any sort of public hearing.
FISCAL & OPERATIONAL IMPACT: The County receives $425.00 plus $4.00 per acre for
reviewing and processing Preliminary and Final Subdivision Plats. Additionally, review and
inspection f'ees are collected for "required subdivision improvements".
RELATED CODES OR REGULATIONS: Florida Statute 177.
Division 3.2 Subdivisions
3.2.4.10,1 Exemption from platting and subdivision regulations. The division of property, .o. ccurring
prior to July ~, meeting the definition ofrural subdivision shall not require the
subdivider to record a final plat nor comply with the subdivision regulations provided in
d/vision 3.2. Thesubdivisio o r rt'e ccu 'n after ul 15 1998 shall not be
exem t from la tin and li a relimi ubdivisi n lat P .However the
a-.p-~li~./_re uired u 'vision ' r vements and standards as set forth in LDC
~on 3.2.8_.3~ Required Improvements l~hall be determined _by the DevelopmenA
~ervi~.es and E~vironmental Se/"vice. s Admim_'strator on a ca~e by ca,ie basis The
a_.DA~l/c, ant throu h the Preli 'n u divi ion Plat P r cess ma r ~es'~waivers
om certain"r u/redi r v t". ' ·
· ' ' .........~, ......... in "~-,,:-,- ,.2.4, !O. _The subdivider and
urp_qr.q~erof roe race/in definition a of Rural Subdivision shall eom I with
Sections 3.2.4.10.2 throu h 3.2.4.10.4 of this code. The division of property not meeting
the definition of rural subdivision is required to comply with all requirements ofdivision
3.2.
3.2.4.10.2 Deeds and other conveyances. All deeds and other conveyances for properties meeting
the definition of rural subdivision l~pursuant to division 6.3 (a)) shall include in ten-point
type the following statement:
JUN :2 :t 1998
Page 2
LDC Amendments
"NO GOVERNMENTAL AGENCY, INCLUDING COLLIER COUNTY, SHALL
EVER BE RESPONSIBLE FOR THE MAINTENANCE. UPKEEP OR
IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS. STREETS, EASEMENTS
OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY
HEREIN CONVEYED".
2.2.q.!0.2
Building permits for rural subdivisions. Building permits will not be issued until the
final r~lat is recorded. Prior :o '~-": ........ cfa k,,:~: ..... ;,r ...... ·
-.,,., pre~',"ty :n ,r,..
,..... Ce55 to
/r.~,,~, ~..,.,,,,.~.,r~ .... ~'" surface a minimum ^r ~n feet; .... ;.%r:,. o~
r2 ' idth
3.2.4.10.4 Access agreement. The owner of property applying for a building permit, which by
.definition in dMsion 6.3 (a) is deemed to be a rural subdivision, shall execute a release and
waiver agreement which shall be executed and recorded at the applicants expense in the official
records of Collier Count)'. The release and v,'aiver agreement shall be in a form approved by the
county attorney or his designee, and shall include, at a minimum, the following provisions and a
copy of the recorded agreement submitted with the property owner's building permit
application:
(a) through (l) of this Section remain unchanged
JUN 2 4 1998
/t'9
ORIGIN: Community Development and Environmental Services
ALrFI:IOR: Jeremy D. Battis, M.C.P.
DEPARTMENT: Metropolitan Planning Orgarfization
LDC PAGE: 3:73
LDC SECTION: 3.3.5.5.5.
CHANGE: To add a provision to infrastructure improvement plans detailing improvements to
provide for non-motorized vehicle circulation. To add a provision to reduce obstacles affecting
the disabled.
REASON: The absence of a provision for non-motorized vehicle circulation for county roads is
obviously an oversight inasmuch as the provision exists for PUDs and commercial properties.
The amendment is intended to remedy this omission. The provision for the reduction ofobstacles
to the fight of way is intended to provide greater mobility to the disabled.
Amend the LDC as follows:
3.3.5.5.5.
Infrastructure improvements plans. Detailed on-site and off-site infrastructure
improvement plans and construction documents prepared in conformance with the
design standards of division 3.2 and any current county, ordinances, regulations,
policies and procedures which consists of, but are not limited to, the following
items:
A cover sheet setting forth the development name, applicant name, name
of engineering firm, and vicinity map.
improvements for water and sewer service as needed or as may have been
specified during a preliminary site development plan review prepared in
conformance with Collier County Ordinance No. 88-76 as amended.
Improvements for roadway, motor vehicle and non-motorized tra~o
circulation, ingress and egress, parking and other transportation needs,
including traffic calming devices, required or as may have been specified
during the preliminary site development plan review, prepared in
conformance with section 3.2.8.4 subdivision design requirements (for
purposes of this requirement, all references in section 3.2.8.4 to
"subdivision" should be read to mean development, where applicable and
appropriate).
Non-motorized circu.!atign is defined as movement by persons on foot,
bic cle or o h r hu a - owered device. Non-motorized circulation is
considered satisfacto where sidewalks and bicycle facilities are
provided in a fashion no less comprehensive than as outlined under LDC
2.8.3.4. and sections 3.2.8.
Special attention shall be given to the needs ofthe disabled as prescribed
_by the Americans with Disabilities Act of 1990. The absence of
.obstructions in the public right of way shall be demonstrated, including
provisions for safe and convenient street crossing. Sidewalks and bik,-
p.aths at intersections shall continue to the edge ofcurb.
JUN 2, 3 1998
w d ' ath at ch
c ruerofa ' ' n. ur s all aminimumof 6
inches in width Md shall pot ri~,;e at ~ ratio _re'eater t_han as outlined by the,
.F,iorida A~c~ssibiliw Code for Buil.din~t Construction,
qllllllllllll
ros walks shal] be r uired at an intersection where the distance to the
_near.est crosswalk is .greater than 1000 feet.
Improvements for water management as needed or as may have been
specified during the preliminary site development plan review, prepared in
conformance with section 3.2.8.4 subdivision design requirements (for
purposes of this requirement, all references in section 3.2.8.4 to
"subdivision" should be read to mean development, where applicable and
appropriate), and pursuant to South Florida Water Management District
rules, chapter 40E--4, 40E-40 and 40E-41, Florida Administrative Code.
JUN 2, 3 1998
-,%.9__.
All necessary standard and special details associated with sections
3.3.5.5.5.2 through 3.3.5.5.5.4 above.
Written technical specifications for all infrastructure improvements to be
performed.
Engineering design computations and repons for water, sewer, roads and
water management facilities, as required by federal, state and local laws
and regulations.
Topographical map of the property which shall include the following:
ao
Existing features, such as, watercourses, drainage ditches, lakes,
marshes.
bo
Existing contours or representative ground elevations at spot
locations and minimum of S0 feet beyond property line.
c. Benchmark locations and elevation (NGVD).
Site clearing plan and method ofvegetation disposal.
JUN 2, 3 1998
ORIGIN: Community Development & Environmental Services
AUTHOR: Barbara S. Burgeson, ES II
DEPARTMENT: Planning Services
LDC PAGE: 3:130
LDC SECTION: 3.9.5.2.6.
CHANGE: Language added to Section 3.9.5.2.6. to allow for an exception to the quantity and
size of the replacement vegetation.
REASON: To encourage property owners and managers to remove non-native plant species,
which have invasive growth habits, by reducing the replacement size from caliper for caliper to a
1 :I ratio at the mitigation sizes listed in Section 3.9.5.5.4.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
3.9.5.2.6.
Protected vegetation proposed for removal is non-native. Replacement of
non-native vegetation shall be with native vegetation of comparable
caliper and area and shall be subject to the approval of the development
serx'ices director or his/her designee. In the event that comparable caliper
or diameter at breast height (DBH) vegetation is not available, smaller dbh
trees that total the requisite caliper may be substituted. Under no
circumstances will a tree or shrub less than the minimum size requirement
for landscaping be accepted. (Exceptions will be granted, for removal of
!~gn-native vegetation as listed ir~ S¢cti0ns 2.4.4.9-2.4.4.11. Thc
reply.cement requirement fgr this vegetation shall be on a 1:1 basis, using
the minimum mitigation size ,criteria listed under Section ~3.9.5.5.4.)
Replacement native vegetation shall be planted within 14 calendar days of
removal.
3.9.5.2.6. LDC AMENDMENTfBSB/md/H:MAR. IE'S LDC
JUN 2 4 1598
ORIGIN: Community Development & Environmental Services
AUTHOR: Barbara S. Burgeson. ES II and Robert J. Mulhere AICP. Planning Sen'ices
Director
DEPARTMENT: Planning Sen'ices
LDC PAGE: 3:132
LDC SECTION: 3.9.5.5.5
CHANGE: Language changed in Section 3.9.5.5.5 to allow for Administrative exemptions to
the preservation requirements in 3.9.5.5.
REASON: To give exemptions to specifically identified property owners, so that they do not
have to protect any required percentage of existing native vegetation. This is done in cases of
extreme hardship such as the Naples Memorial Gardens Cemetery, which is the only cemetery in
Naples and needs to expand to the maximum extent possible, to service the residents.
ENVIRONMENTAL ADVISORY BOARD (EAB) RECOMMENDATION: The EAB at
it's regularly scheduled meeting on May 6, 1998, reviewed the proposed language change to
Section 3.9.5.5.5. The Board made a motion not to support Staffs proposed language change
and that any requested exemptions to the preservation requirements of 3.9.5.5 should be brought
in front of the Board of County Commissioners as a variance, on a case by case basis. The EAB
discussed the amendment again at it's June 3, 1998 meeting. They amended their motion to
make it a two part motion. In the first part the.',' supported the clarification of bona fide
agricultural uses. In the second part of the motion the)' did not support the proposed language
change that gave administrative power to waive presen'ation requirements. They felt that (as
their Ma)' meeting motion stated) any requested exemptions to the presen'ation requirements
should be brought to the BCC as a variance, on a case by case basis, which would allow the
public to give their input.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The
CCPC concluded that the amendment as proposed was acceptable following remarks by Mr. Paul
Hinchcliffofthe EAB in opposition to the proposed amendment.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
3.9.5.5.5.
Bgna fide Aagriculture_al uses shall be exempt from
preservation requirements provided that any new clearing of l
agriculru.re~al uses shall not be convened to nonagricultural
the above
levelopment
JUN 2 4 1~95
for at least ten years. For the purpose of this section, the term bona fide
agricultural uses shall include: the followinu: crop raisin~t; dairy farming;
.h0rticuhure; fruit ~d ~nut production; forestry; groves; nurseries:
ranching; poultr3' and egR production; livestock raising; and a~ricultur,'
.for native species subject to State of Florida Game and Fresh Water fish
Commission permits A~,d .....,~- ...... : ..... ,,- ..,",-~,:,-,~
............... · ~ ...................... 2.~.2& For
an), such conversions in less than ten years, the convened land will be
restored with native vegetation to the degree required by this code at the
time the cleating occurred. The ¢ommunity Development &.
~Environmental Servic~:s Administrator or his/her designee max.' grant
.V, Tirten exemptions to the above preservation requirements, on
,agriculturally zoned properW, for e~;.sential public services fas provided fo,
i_n Section 2.6.9) and cemetetie;;, wh~:re it can be demonstrated that it is in
the best interest of the general public to allow a reduction in all or pari
from the requirements for preservation ofexistinR native vegetation.
3.9.5.5.5. LDC AMENDMENT,'BSBtmd/H:MARiE'$ LDC
JUN 2 ¢ 1~98 [
I
.... _....J
ORIGIN: Commttnity Development & V, rwir(mrncntal ,qcrviccs
AUTHOR: Ronald Nino, AICP
David Weeks, AICP
DEPARTMENT: Planning Services
LDCPAGE: LDC 6.21
LDC SECTION: DMsion 6.3
CItANGE: To revise the definition of Dwelling, single-family or one-family to qualify
provision which includes a mobile home and further provide that a mobile home is only allowed
in the Mobile Home district or as otherwise expressly permitted.
REASON: When the current definition ora single family detached was crafted and adopted it
was never intended to allow a mobile home as opposed to a manufactured home in residential
zoning districts. By virtue of this exclusion the current definition, one may argue allows a
mobile home within any district that allows a single family detached dwelling. As a
consequence this amendment is intended to clarify the definition by providing that mobile homes
are only authorized in the Mobile Home district or as otherwise allowed as a temporary use.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend thc Land DeVelopment Code as follows:
l)wellinn~, Sin. F, le-Family or One-Family: A building which 1) contains only one (I) dwelling
unit: 2) is intended, designed, used and occupied by no more than one (1) family; 3) meets the
minimum width across any front, side or rear elevation of twenty-four (24) feet; and 4) meets
the minimum floor area and maximum height requirements of this Code. The following
conditions are as much a part of the definitions as the principal definition:
The dwelling shall comply with the minimum square footage requirements for single-
family dwellings of this Code for the district in which it is located.
bo
The dwelling shall be connected to a public sewer and water supply or to such private
facilities approved by the County Health Department.
Co
The term single-family dwelling may include manufactured homes when placed on
permanent foundation. Manufactured homes must meet minimum width, minimum
footage, maximum height and all other requirements applicable to on-si~'~~,~)
square
dwellings.
JUN 2 4 1598
On-site built as well as manufactured homes must be firmly attached to a permanent
foundation constructed on the site in accordance with the County Building Code.
In the event that a dwelling is a mobile home, it must compiy with minimum width and
minimum square footage and must be secured to the premises by an anchoring system or
device complying with the rules and regulations of the Florida Mobile Home
Commission. Each mobile home shall be installed with the wheels under carriage or
chassis. A mobile home complyi.ng with the rul.es 0nd regulations of the Florida Mobile
Home Commission l;h.ali not be. considered a single family dwelling.
A mobile home :;hall not be permitted in zoning ,districts which allow single famil~
dwellings as permitted uses ur. less the term mobile home is expressly stated as ;,
pc. trained or conditional use.
DIV 6.3. LDC AMENDMENT/RFN/md,q-I:MARIE'S LDC
LDC Amendments
Page 3
Division 6.3 Definitions
l~uralSubdivision: The division ora parcel of land within the rural area as defined herein, whether
improved or unimproved, into .'-:.~ three or more contiguous parcels of land each of which is five
aere~ or greater, and not including any change in a public street, rights-of-way or access easement.
The following prior or future divisions of land shall constitute the subdivision of rural lands:
(a)
Lots or parcels within the rural area that are a lot(s) of record as defined
herein and identified on the tax roll as of December 31, 1993 or valid
contracts for deeds as of the same date, provided they have a private
easement reserved or recorded in the public records or a public or private
right-of-way that has access to an easement as of December 31, 1993; or,
Lots or parcels five acres or greater that are created after December 31,
1993 and prior to July 15, 1998 that gain access through the grant ora
private access easement or private right-of-way.
. . Lots or parcels five acres or greater that that are created after ~
3 !, 1993 ,Iuly 15, 199.8 that gain access through the grant of a private
access easement or private right-of-way. This form ora rural ,ubdivision
~;,hall not be exempt from the preliminary subdivision Plat (PSP) process.
,However, required subdivision improvements and stand&rds l~hall bc
reviewed by the Community Development and Environmental Service5
Administrator on a case by case basis,
Wordl; underlined are .added
JUN ~ ~ 1Sg~
LDC PAGE: 6.53.
LDC SECTION:
6.3.
CHANGE: Definition of construction sign.
REASON: To clarify what constitute a construction sign.
FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no
fiscal or operational impact on the County.
RELATED CODES OR REGULATIONS: None.
Amendment to the LDC as follows:
Sign, construction: A temporary sign placed in advance of issuance of a
certificate of occupancy of a building or structure indicating the name of the
building or structure, the architect, the contractor, and other similar information
regarding the building or structure. Construction signs ,shall not contain any
promotional or sales m~t~rial, (See Division 2.5.)
JUN 2
ORIGIN: Engineering Review
AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager
DEPARTMENT: Planning Services
LDC PAGE: LDC B:4 - LDC
LDC SECTION: Appendix B Typical Street Sections and Right-of-Way Design Standards
CHANGE: provide sidewalks five feet in width on both sides of all local roads and for cul-de-
sacs serving over 12 lots, sidewalks 5 feet in width on both sides of commercial and industrial
roads, sidewalks 6 feet wide on both sides of minor collector roads with a 4 feet bike lane on one
side of roadway, and sidewalks 6 foot wide on both sides of major collector roads with 4 feet
bike lanes on each lane of roadway.
REASON: To be consistent with Division 3.2 of the Land Development Code and comply with
recommendations of the Traffic Management Task force (November 1995).
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: LDC §3.2.8.3.17
Appendix B:
Typical Street Sections and Kight-of-Way Design Standards
Replace pages LDC B:4, LDC B:5, LDC B:6, LDC B:7 and
LDC B:8 with revised pages .LDC B:4, LDC B:5, LDC B:6,
LD¢ B:7 and LDC B:8.
APPENDIX B LDC AMENDMENT/TEK/md/H:MARIE'S LDC
JUN 2 4 1998
ORDINANCE NO. 95-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91.102, AS
AMEN'DED, TIlE COLLIER COL'N'T¥ LAND DEVELOPMENT
CODE. WHICH INCLUDES THE CO.%~?REHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS: SECTION TWO, F1NDINGS OF FACT:
SECTION THREE, ADOPTION OF AMENDMENTS TO TIlE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWI,NG: ARTICLE 2, ZON'ING,
DIVISION 2.2. ZONING DISTRICTS, PEILMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION
2.4. LANDSCAPING AND BUFFERING, DIVISION' 2.5. SIGNS;
DIVISION 2.6. SUPPLE.MENTAL DISTRICT REGULATIONS:
ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.3. SITE
DEVELOPMENT PLANS; DIVISION 3.9. VEGETATION
REMOVAL, PROTECTION' AND PRESERVATION: ARTICLE 6,
DIVISION 6.3. DEFINITIONS, INCLUDING. BUT ,~OT LI,MITED
TO TIlE DEFINITIONS OF SINGLE FAMILY DWELLING.
RURAL SUBDIVISION AND CONSTRUCTION SIGN: APPENDIX
B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY
STANDARDS; SECTION FOUR, CONFLICT AND
SEVERABILITY: SECTION FIVE, [NCLL'SION IN Tile LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE
DATE.
WIIEREAS. on October 30. 1991. the Collier Count... Board of Count,. Commissioners ad
Ordinance No. 91.102. the Collier Count... Land De~.elopment Code theremafler LDC). ~hich has°b~
subsequently amended, and
WHER[:..\S. the [.DC' ma> not be amended mote ~ha,n l'~,o times mn each calendar .,.em ;'ursuan: to
Section I 10 ! . kDC. and
¥,'ttEREAS. th~s ts '?,e Ii:st amendmem to :he kDC. Ordinance 91-It.~2. m th~s calendar .'.ear. and
WHEREAS. on .',.larch 18. 1997. the Bo~d of Count', Commissioners adopted Resolution 97.177
es~abhshing local requirements a~d procedures for arnendmff the LDC: and
WHEI:~EAS. all requirements of Resolution 97-177 ha~.e been met; and
WHEREAS. the Board of Count...' Commissioners. in a marmer prescribed by la,.,., did hold
advertised public hearmgs on June 10. 1998 and June 24. 1998. and did take action concemmg these
amendments to the LDC. and
~,~.'H£REAS. all applicable substant,.e and procedural requ~rernems of the la'.,, ha,,e been met
NOV.'. TtfEREFORE BE IT ORDAINED b.v the Board of Count...' Commissioners of CoLlier
Count,,,. Florida. that:
SECTION ONE: RECITALS
I'onh.
The Ibregomg recitals are true and correct and ~ncorpora~¢d b> referen
v,.'or~ls ;::-~:~ :~;~.~iv. are fl¢lct¢cf. ~,ords ~ are added.
I
SECTION TWO: FINDI,~GS OF FACT
Thc Board of County Commissioners of Collier County. Florida. hereby makes the fo/lowing
findings of fact;
I. Collier Count.,.. pursuant to Sec. 16.3.3161. et sea, Fla. Stat.. the Florida Local Go:.'erru'nent
Comprehensive Planning and Land Development Regulations Act ehereinafter the 'Act"}. is reqmred to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan. the Act and in particular Sec. 16.~-.~.0_{I). Fla.
Stat.. mandates that Collier County adopt land development regulations that are consistent ,,,,.irh and
implement the adopted comprehensive plan.
3. Sec. 163.3201. Fla. Stat., provides that it is thc intent of the Act that the adoption and
enforcement by Collier County of land de,..e~opment regulations for the total unincorporated area shall be
based on: be related to, and'be a means of implementation for, the adopted Comprehensive Plan as
required by the Act.
4. Sec. 163.3194(IXb), Fla. Stat.. requires that all land development regulations enacted or
amended by Collier County be consistcnt v, ith the adopted Comprehensive Plan. or element or portion
thereof, and any land development regulations existing at the time of adoption which ate not consistent
v, ith thc adopted Comprehensive Plan. or clement or portion thereof, shall be amended so as to be
consistent.
5. Sec. 163.3202{3). Fla. Stat.. states that the Act shall be construed to encourage the usc of
innovative land development regulations. '
6. On Sanua.q,.. 10. 1989. Collier Count,,' adopted the Collier Count>' Growth Managemem Plan
~'hereinafler the "Grov,'~h Management Plan" or'"GMP") as its Comprehensive Plan pursuant to the
reqmrements ol'Sec. 1634.3161 et _seo. Fla. Stat.. and Rule 9J'-5. F.A.C.
7. Sec. 163.319.~111(a). Fla. Stat.· mandates Ihat after a Comprehensive Plan. or clement or
pomon thereof, has been adopted in conformity ~,,ith the Act. all development undertaken bv. and all
actions taken in regard to de~.elopmenl orders b~i go',ernmemal agencies in regard to land co',ered b,, such
Comprehensi,,e Plan or element or pot'llon thereof' shall be consistent ~,.~th such Comprehensive P'lan or
element or por'l~on thereof.
8. Pursuant to Sec. 163 319al'3)la). Fla. Stat.. a development order or land de'.elopment
regulation shall be consistent ~.'ith the Comprehensive Plan il'the land uses. densities or intensmes, in the
Comprehensive Plan and il' it meets all other criteria enumerated by the local go'.'erru'nent.
9. Section 163.3[94(3Xb). Fla. Stat.. requires that a development approved or undertaken by
a local go',ernment shall be consistent with the Comprehensive Plan if the land uses. densities or
intensities, capacity or size. timing, and other aspects of development are compatible with. and further the
objectives, policies, land uses. densities or intensities in the Comprehensive Plan and if it meets all other
criteria enumerated by the local government.
promote, protect, and improve the public health, safety, comfort, good order.
and general well'a.,'e of Collier Count,,': prevent the overcrowding of
concentration of population: facilitate the adequate and efficient provision
sewerage schools, pa.,'ks, recreational facilities, housing, and other requireme~
10. On October 30. 1991. Collier Count?' adopted the Collier Count.,,' Land Development Code.
~,.hich became effective on No',ember 13. 199[ and may be amended t,,,.ice annually.
II. Collier County finds that the Land Development Code is intended and necessat-,, to
prese~.e and emhance thc present advantages that exist in Collier County: encourage thc most appropriate
use of land. ~'ater and resources, consistent with the public interest: overcome present handicaps: and deal
et'fectively ,,,,ith future problems that may result /'rom thc use and development of I~d within the total
unincorporated arc of Collier Count.,,' and it is intended that this Land Develoomenl. Codc prcscr','e._.
deleted, words ~ ~re added
2
appe .a.r~. ce. convenience.
d and 'avo'~ ~'h-'~' 'undue
of transportation. ~,ater.
...... 8'3 .
develop, utilize, and protect natural resources within the jurisdiction of' Collier County; and protect
human, environmentaJ, social, and economic resources; ~nd maintain thzough orderly growth aad
development, the cha. ra~:ter and stability of' present and f'utuze land uses and development in Colli,
Count)'.
12. It is the intent ofthc Board of'County Commissioners of'Collier Count,., to implement the
Land Development Code in accordance with thc provisions o'. the Collier County Comprehensive Plan.
Chapter 125. Fla. Stat., and Chapter 163. Fla. Stat.. and through these amendments to the Code.
SECTION THt;LEE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.Ar AMENDMENTS TO ZONING DISTRICTS, PEILMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION
Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses. Dimensional S~andards. of
Ordinance 91-102, as amended, the Collier County Land Development Code. is hereby amended to read as
follows:
DIVISION 2.2.
ZONING DISTRICTS, PEILMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS
Sec. 2.2.5.
2.2.5,4.1.
2.2.5.4.2.
Residential multiple-family - 6 district (R.MF-6).
Dimensional Standards: The following dimensional standards shall apply to all permitted
housin; ~tr,octure tvpe~, accessory, and conditional uses in the R. MF-6 district.
Minimum Lot ,4rea: £ing]e c._:~, dup!rx A_~ r~_:~..4.._.e.g.. -~ ',.tn r-_.
Smile Familr: 6.500 square feet except as t~rovided .at Secfign '~ '~ ~ 4 7 and 26
.... ,-. 27.
7'wo-Fomily: 12.000 $cluare feet except as l:,rgvided at Sectign
[l~re¢ or more D~s¢lling ~.'nit .¢;tructt~r¢,;: $,~00 square f, eet e'er d',',cllinq unit except as
,h, grein further provided
Minimum Lot II'idth: One h'-:ndreg fcc:
.?infzle Faro/l? 1}~)
~hr¢e or more Da'elli~ L~it $rr~cturO' I00 feet
Minimum }~rd Requirement~ (except as further provided at ~ectign ~.~.27).
~ F.-cx: }"ce'J: 35
Words ~ iu'e ~letcd, words ~_ndcrfin¢~ arc added.
3
The followimt minimum va,rd r~ouJrements a~ in r~lation to olarted I~undari~s:
One ¢Sin~lel F~milv .
Two Unit.'FamiJv
Front Yard Mipjmum Yard gear yard
2Y 7 '/I' 2o'
25' 10'° 20'
Three or Mot? Family
Dw¢llimz l,,:nits
Where fee simo!¢ lots are created for each dw¢llimz unit siqJ¢ y~ds are measured from thc'
outside wall of the orincioal structure wiih,in which !he dwcllinR unit is located.
2.2,5.4.7.
Development Standards for Non-Conforming Lots of Record:
..... r ..... :C ...... ~
Nothinlz her~'in cqntai0ed shall prqhibit thc usc of a olaued 19t of record for a sin£1¢'
f;~-nilv detached d',,vellinlz unit, irr¢:;l~¢tiv¢ of its dimensional and orca mea~ure~c'lnt~.,
Combination:s of platted lots of record are 9thet',,vise permitted t9 achieve the ~jpimum
~imensioqal and arc'a requirementS f9r each housing ~tructure type as de,scribed in the
foregoing section~;.
Sec. 2.2.13.
Commercial convenience district (C-2).
.Dt$tam'¢ ~t't~, cea structures. If there i,s .a separatiqn belwe.Ch an,.' t'.,,o principal structureq
_on the ~me l~arcel, smd separatiQll ~hall ~e a minimum of 15 feet or a di~;ta0ce equal tO
one-half the sum of their heights, whichever is the greater.
Sec. 2.2.14.
2.~. 14.4. O.
Sec. 2.2.15.
Commercial intermediate district (C-3).
Liehtine. Liehting facilities shall be arranaed in a m,~i'l, ner that prot¢ct~ rqadv, avs and
neighboring, Drqpe~ies j'rQm direct glare or other interference.
Oi,~tanee het~,'¢en structures If theft i$a separalion ~t,,,,'eep an,,' two pt incipaJ structures
on the same parcel, said J;eparati90 ~hall be a minimum Of I~ feet or a distance equal tO
one-half th~ sum 9['their heights, whichever h; the greater.
General commercial district (C-4).
Distance &etween structures. If there is a sel:~ation between a,nv two ohncival structurc,r
on the sa. me varcel, said sev~ration shall be a minimum of I$ feet or a distance equal
9ne-half th.e ~gm. 9f thei. r height.% v,'hich¢vgr iS the greater.
Words -'.~---.~ :~::-.;;,': are dekned, words unOfrfm¢ff are add,
Sec. 2.2.151/2.
Sec. 2.2.16.
2.2.16.2.
2.2.16.2.1.
H~lvy commerchll dbtrict (C-$).
~Oi rt b tw n t t r ~ w w ' i al t tu
on Ih, same varc,,q, saicf sevaration shall lx a minimum 9f l ;5 I'~;¢t or a distance eoual ,.,
one-halflhe sum of their heilzhts, whichever is th, gr¢i:tcr:
Industrial district (1).
Permitted uses. The following uses. as identified within the Standard Industrial
Classification Manual {1987), or as otheru4se provided for within this section, are
permitted as a fight, or as uses accessoD' to permitted uses in the industrial district
Permitted uses.
Agricultural sen'ices (groups 071 I, except that chemical treatment of soil for crops.
fertilizer application for crops and lime spreading for crops shall be a minimum of
500 feet from a residential z~ning district. 0721. except that aeri,~ dusting and
spraying, disease control for crops, spraying crops, dusting crops, and insect control
for crops (with or without fertilizing) shall be a minimum of 500 feet from a
residential zoning district. 0722-0724. 0761. 0782. 0793).
Apparel and other finished products {groups 2311-2399).
3 Automotive repair, service, and parking fgroups 7513-7549).
4
Barixr shoos (group 7241
Beauty shops or salons {7231
Building construction {groups 1521-1542L
.5.-7 Business see'.ices Igroups 7312. 7313. 7319. 73.34-7336. 7342.7389. including
auction rooms 15999). subject to parking and landscaping for retail usc }.
Communicatmns igroups 4812-4899 including communicat:ons to-.ers up to
spccnied heights, subject :o secuon ..6.~. }.
.7-0_ Construction - sit, octal trade contractors {groups 1711-17991.
g-10 DepositoD' and nondepository institutions {groups 6011-6163)
CL.LL, Eating places ($812).
· I,¢12 Educational senices {8243-8249}.
1--I- l.~ El¢ctromc and other electrical equipment {groups .3612-3699).
J~.L~ Engineering. accounting, research, management and related services tgroups g7II-
8748}.
Fabricated metal products (groups 3411-3479.34gl-3499L
.[4.,16 Food and kindred products (groups 2011-2099 except slaughtering plants}.
Furniture and fixtures {groups 2511-2599)
18 Gunsmith shoos (Izrgup
training
Hca'.'.,.' construction (groups 1611 - 1629).
~'ords ~ arc deleted, words gndc:rlined arc ~dcd.
'*i{h access om' shootinR ran~te for ~~
-1--~20, Health services (8011 accessory to industrial activities conducted on-site only).
4~.2.L, Industrial and commercial rnachinct2:' and computer equipment (3 S l 1-3599),
4-~.22. Leather and Ica~her products (groups 3131-3199).
~4~23, Local and suburban transit (groups 4111-4173).
g.1,.24. Lumber and wood products (groups 2426. 2431-24991.
2~.25. Measuring. analyzing, and controlling instruments; photographic, medical and
optical goods; v.~atches and clocks (groups 3g 12-387.3).
~,26, Membership organizations (groups S61 I. 8631 ).
D~.~., Misc,:llancous manufacturing industries (groups 3911-3999).
~-~.2~. Motor freig, ht transportation ~ w~rehousing {groups 4212. 4213-4225. 4226
except oil and gas storage, and petroleum and chemical bulk s~ations).
~4~29. Paper and allied products (2621-2679).
~-7~30. Personal services (groups 7211-7219).
~4.~.3 I. Physical fitness facilities (799I
D~.32. Printing. publishing and allied industries (groups 2711-27961.
;~33 Railroad transportation (401 I. 4013).
-34,.34. Rubber and miscellaneous plastics prnducts ~groups 3021.30S2. 3053).
~2,3.5. Stone. clay. glass, and concrete products lgroups 3221. 3251. 3253. 3255-3273.
3275. 3281).
.;4,.36~ Textile mill products igroups '~'~11
-- ' ......... - ........ .~-__a'~.__w, 2298).
~4.,37 Transportation equipment Igroups 3714. 3716. 3731. 3732. 375I. 3761. 3764. 3769.
3792. 3799).
;-~.3~, Transportation by air (groups 4.512-4581 except alrpons and flying fields).
;4,39, Transportation scwices (groups 4731-4783.4789 except stockyards).
.~7~40.__, United States Postal Service (431 I).
35. !l__: Welding repair (7692).
.;,.-94..2. Wholesale trade - durable goods (groups 50t2-5014. 5021-5049, 5063-.5092. 5094-
5099).
,!0.'.3, ",Vholesale trade - nondurable goods (groups 5111-5159. 5181, 5182..~191 except
that ~,hole~le distribution of chemicals, fertilizers, insecticides, and pesticides shall
be a minimum orS00 feet from a residential zoning district (S 192-5199).
I I..~4.._, Any other use which is comparable in nature with the f, xe~3[fi'~' 'us,.s ~d i~,-
o the rwise c, c~rly consistent wi th ,he intent and purpo se s,tcm,;ntof thc dj.~'~.~'"'
Words .~;-,;;L :,':,:;u;,':. ate deleted. ~ords ~ndgrlined ate added.
6
2.2.16..L]], Distance between structures If Iher¢ is a sea, station between any r.,,'o Principal szru~tu, res
on lhe s~'n¢ oar¢¢l. ~Jd seoar~tion shall be a minimum or
one-half lhe sum or,heir heights, whichever is ~h¢
Sec. 2.LI9. Communi~' h¢ilip,.' district
2.2,19.2.
Permitted uses. The fbllowing uses axe perm;,ted as of fight, or as uses accesso~, to
permitted uses. in thc community facility district (CF).
2.2.19.2.1. Permitted uses.
Child cart centers.
Churches Nd houses of v. orship,
Civic amd cultural facilities.
Museums.
Nursing homes. ~sisted living facilities (ALF) pursuam to s 400.402 F.S. and ch.
5~A.5 F.A.C.. family c~e facilities, group c~e facilities (caleeo~' I) and
cont,nuing c~e residential comm~ities pursuit to s 65[ F.S. ~d ch. 4-19~ FA.C.
ail subject to ~ctlon 2.6.26.
P~ks ~d playgrounds, nonco~erci~ recreation facilities, o~n space u~s.
Public. p~vate ~d p~hial ~h~ls.
S~ial ~d f~temal org~i~tions.
Educational se~'ices (erouvs 8211 -
Sec. 2.2.24
Special treatment overlay district (ST); special regulations for areas of environmental
sensiliviD' and lands and structures of historical and/or archeological significance and
the Big Cypress Area of Critical State Concern.
Development standards and regulations for .4CSC.ST. All development orders issued
within the ACSC-ST area shall comply with zr, ~ mort :c:'.ric:i;: :~-...q chapter 28.2I
Florida ^dministrativc Code. a~ amended. Boundary and Regulations for thc Big Cypremll
,Area of Critical State Concern. as set forth included b~lov.':
All d¢~elooment order~ issued for proi¢¢tS ~ithin the Bi~ ('vpress Area 9f Critical 5tat,e
Concern shall ~ transmitted t0 th~ State 9f Florida De~ment of Community Affairs for
rev~ ~i~h ~he ~tential for a~al to the administration cgmmi~ion pursu~ t9 chap~er
9J-I. Florida Administr0tix¢ Code, Develovmem Ord¢r Requjrement~ for Arqa~ of ~ritical
S~atc Concern.
Stte alteratton.
Site alteration shall be limited to ten percent of the total site size. and
installation of nonpermeable surface shall not exceed 50 percent of any such
re'ea. However. a minimum of 2,500 square feet may be altered on any
permitted site.
r£
release or surfgce r-unoff, collected or uncorlccted, in a manner
approximating the natural surface water flow regime oflhc luca.
Soils exposed during site aherufion shall be stabilized and retention ponds or
performance equivalent structures or system maintained in order to retain
runotTand siltation on the constru :tion site. Restoranon of vegetation to site
alteration areas shall be substantially completed ~ithin 180 days following
completion of a development. Rcvegetation shall be accomplished with
preexisting species except that undesirable exotic species shall not be
replanted or propagated. Exotic species included arc listed
Australian pine
Bishopwood
Brazilian pepper
Mclalcuca
Do~y rosemy~le
Earleaf acacia
Cat¢law mimosa
Java plum
(Ca.sum'ina spp.)
(Bischofia javanica)
(Schinus tercbinthifolius)
(Mclaleuca spp.)
(R.hodomyHus tomentosa)
(Acacia auriculiformis)
(Mimosa pigra)
(Syzygium cumini)
No mangrove trees or salt marsh gr'asscs shall be destroyed or otherwise
altered. Plants specifically protected by this regulation include: all v. etland
plants listed by the Florida department of environmental regulation in
chapter 1'/-301. Florida Administrative Code. as amended.
Fill areas and related dredge or borrow ponds shall be aligned substantially
in the direction of local surface water flows and shall be separated from
other fill areas and ponds by unaltered areas of vegetation of comparable
size. Dredge or borrow ponds shall provide For thc release of storm'*ater as
sheet ilo',,, from the downstream end into unaltered areas of vegetation.
Access roads to and betv,'een fill areas shall provide for thc passage of ~,.'ater
in a manner approximating thc natural flow regime and designed to
accommodate thc SO-year storm. Fill areas and related Ponds shall not
substantiall.,, retain or divert the tidal flow in or to a slough or strand or
significantly impede tidal action in an.',' Portion of the estuarine zone.
Marumade lakes. Ponds or other containment '.,,orks shall be constructed with
a maximum slope of' 30 degrees to a depth of' six feet of water. When
mineral extractinn is c~.':'.,pleted in new quarr?'ing lakes, shoreline sloping.
planting u( littoral shelves with nurser,.'-grown aquatic '.egetation.
restoration or rcvegctation of thc property, and disposal of spoils or tailings
shall be completed before abandoru'nent of the site. Existing quan?'ing lakes
are exempt from this provision except that whenever any person carries out
an activity defined in F.S. § 380.04. as amended, as development or applies
for a developmer, t permit as defined in F.S. § 380.031. as amended, to
develop any existing quar,~.'ing lake area. these regulations shall apply.
I~ Finger canals shall not be constructed in thc ACSC.ST area.
This rule shall not a~olv to site aheratiorl~; undertaken in coqne~:tion
~tlricult~ar;~l usc oi' land or ~'or the conversion of land to a~ri~ullural
Drainage
Words ::;'~:~ sMeu$,~ arc deleted, words undcrtincd are Added.
Existing drainage facilities shall not be modified so as to discharge v, atcr to
any coastal waters, either directly or through existing drainage facilitics.'~
Existing drainage Facilities shall not be expanded ia capacity or.Jc~th
except in cont'ormance v.'ith subsection 2[bi immediately followi~:
however, modifications ma)' Ix mdc to cxistini facilities that will raise (he
groundwater ~ablc or limit sakwatcr intrusion.
blew drainage facilities shall release water in a manner approximating ~1~
natural local surf'acc flow regime, through a spreader pond or performan~
equivalcm structure or system, either on-site or to a natural retention or
filtration and flow ~'ta. New drainage facilities shall also maintain a
groundwater Ic,,'cl sufficient to protect wetland vegetation through the use
of weirs or performance equivalent structures or system. Said facilities shall
not retain, divert, or othcrv4sc block or channel the naturally occurring
flows in a strand, slough or estuarinc area.
c. New drainage facilities shall not discharge water into any coastal waters
whether directly or through existing drainage facilities.
This rule shall not aoolv to draina~z¢ facilities modified or cons~ructe~ i~
order lo usc land for a.ricultural our:x~scs or to ¢onv~rn land tg_s:;~;h us¢~.
Trar~portatlon
Transportation facilities which v.'ould retain, divert or other*'ise block
surface water ilo'ns shall provide for the reestablistuncnt of sheet flow
through thc use of interceptor spreader systems or performance equivalent
structures and shall provide for thc passage of stream, strand, or slough
waters through thc usc of bridges, culverts, piling construction or
performance equivalent structures or systems.
Transportation facilities shall be constructed parallel to the local surface
flow, and shall maintain a historic ground level sufficient to protect wetland
vegetation through the ust of weirs or performance equivalem structures or
systems ' . ' .
Transpo~ation tac,lity construction sites shall provide £or siltation and
runoffcomrol ~hrough the usc o£ settling ponds, soil fixing or perform:~ncc
equivalent structures or systems.
Structure tn.~ta[Iatton
bo
Placement of structures shall be accomplished in a manner that will not
adversely affect surface water flow or tidal action.
Minimum low floor elevation permitted for structures shall be at or above
the 100-yea. r flood level, as established by the administrator of the federal
Flood Insurance Administration. Thc construction of any structure shall
meet additional federal flood insurance land management and usc criteria.
24 CFR 1910. as amended, as administered by the appropriate local agency.
This ruhr l;h~II not a~l,,' to structure's; used 9r intended fgr ~S¢ ir~ ¢9nn~'~:,9~
~,'ith the ag,'59ultLlrdl use o~'lhq fan~
................. ::_:::: ..... -t r.. Fr:jc::: ""~':- '~'-
.......... ~ ...... CTF.;::,: ' of
.... ,
..................
r"~.,_~_~ .... c,...t.. .o.:~;.:!::;_,,,~.~t: c-. ,,:.::2 ~' ,'"-:.:~-,
Words ~ ate deleted, wcxds ~ ate added.
9
I
I
2.2.24.g. Exceptions.
~,ec. 2.2,.28
2.2.2~.3.
L
Where land has an ST designation and thc proposed alteration or development area
contains 20 acres or less in gross area, and where no transfer of development rights
arc involved, thc development sen'ices director may approve a site alteration plan or
a site development plan. Prior to such apgroval, the development ser,'ices director
shall make a finding that the following conditions exist:
The proposed site alteration or site development plan will not require any
modification, with thc exception of exotic vegetation removal, of the
topography, drainage, flora, or fauna on thc site.
Single.family principal structure where thc proposed site alteration or site
development plan will not require any significant modification of
topography, drainage, flora, or fauna on the site. or where the alteration
involves the renovation or replacement of a single family structure.
Significant modification shall mcan greater than ten percent of;he site.
No pollutants will be discharged from the area that will degrade the air,
water or soil below the levels existing at the time of application.
Water manaecment ben'ns an~l Structures for !he protection and/or
enhancement of ST areas are of the minimum dimensions a~t)roved by th{'
South Florida water Management District.
and cas ~z¢oDh'.'sical surveys and testiniz. Temporary site alteration shall me~
9r)l'~ those ahem{ions invol~in~ hand eu,ine of veRctation for sun'cvs ~4
coui~ment entre, dell holes not cxccedin~ six inches in dinette and ~ttin~
~iated with vehicle access. Tfimmine of vegetation for access routes s~ll
kc~t to the mi~imgm ~idth neces~ for su~'evin~ and testinz~ ~e site shall
~estorcd as reauired by fed¢~l, state and county ~it$ ~'ilhin 90 daw of Ibc st~
the
All other site alteration or site development plan approvals of an} size shall be as required
in sect,oas ..... 4.4. and
Irnmgkalee Overlqv District
Words ~v~,,-4~ee,~ ~¢ deleted, wot'ds unOcrlinc~l ~'~ ~ddcd.
lO
CTHIS .~1AP IS TO BE DELETED.)
2.2.29.
I
22203.2
22.292:
(THIS MAP IS TO BE DELETED.)
WOCCls Mev~ itc d¢lc~ccL words vn(~cdincd ate 3K:klccl.
13
2.2.29~5
2.29
arc deleted, wcM'ds undctlm~ ~'c acldcd
14
~.~..8. Immokaler Overlay
districts for the ~u~se 0f cstabl~shin~ development Cnten~ ~u~ta~le l~r thc uniqu~
l~d usc needs 9f~h¢ [mmokalee Qommumtv
G¢oe,'oph/c ^ounc/or:e~ The boundaries 9f ~he [mmokalc¢ O',¢rla', Dis:ncr arc
del hca cd qn.Map I NIq~
IMMOKAL~ OVERLAY DIESTI~IC"r
~ordl ::.-;:L :.".::;~' uc dele:ed. ~*ord$ ~,lnderhne{ arc added.
Official Collier Counw Zonin~ ^tlas Map&
Map 2
I./L 31 CO&dI~CIAL OVeRLAy SUI-DIITRI(:T
2,2.28.~.~.
ur ~ nd'm n' fthi ' i' n' r vide fir eail o ~ce
tra.n,ficm Io&/imz facililies ~d highway commercial us¢~ ~ha~ ~ ~h¢ neCd~ of ~h~
~v Ii '. e rc'l u m I ca a ma' r eft I or
~ I a w v r v' 'on 'thi u - i t'ct are i ten cd ~ r vid an
~ -~9 wi v I m nt I dard a wil
' a m u fin c ati le
~'ith nc~bv rcsidcmial ~ro~nie~
il~n,' I ti n v I t c m r iai di tri t al n - 9 a
idcnlificd 9n the Immokalc~, ~"gture Land Use Map.
v I men/ ri ri · Il ,,,.'in ha I a v t t ' thi v flay
subqlistri~t_.
i Io - 9 h c v wilh ' a at e anment o
t' ' i r. lati . a I h t h v am' ' 44 -feet
v c .' ' ' awv w
should nol acccss to SR-;~9_.
-.2.-8..~.4,
2.2.28.3.$,
2.2,283.8
Sh~red oarkine ~rr~neements N'tv, ctn ~im:,in~ ~,e~ et,~'~cms ~,a]l ~ cncour~c.~
Deceleration and acceleration lanes shall bc c,r~v~lcd
Pedestrian tra~¢ shall b~ encou~e~l ~..~,~d:.'.e s~,J~a:i~ Thc to~iec
sidewalks shall be coordinated ~ith ~txcm
Buildin.s shall bc set back from SR-20 a minim=-n of ....~ f~-~ ~d from thc r'C= k,~
linc a minimum of 25 feet.
Projects shall orovidc a icn-f~! Tv~c ^ landsca:)c ~ffcr as described in section" ~
between vehicular riehts-of, wav with r=auirc~ sidc~'alks ired ~i~cn! rcsid~FitiaJ
~vclooment. Adjacent commercial omiccts sh~ll ~rovidc coordinated landsca~.c
ol~ns.
An ~¢a earl Io a minimum of ~'o and on~-h~If pcr~e,m of thc total interior
vehicular usc =rca shall be landsca=cd to ~rovidc visual r,~lief.
Buildin.s shall have a m~imum heieh! of.cO
~JC['er$on ,.~vcn[t¢ ~qmmercial O~'¢rlm' Sub-Di~tricr ~cial conditions for th~
~ro~nies abu~in~ Jcffcr~ A~enu~ as id~ljfi~d 9n th~ Immokalec Area M~tc(
~: referenced on Mao ~: ~d further i~¢ptificd ~v ~he designation "JACOSD" 9,,
thc ao~licabl¢ official Collier Countv Zonin~ ,Atl~ Maps.
Mae 3
Purt)ose ond intent' Thc pumosc of this dcsienation is tO provide for retail, of~c¢,
tr _ansicnt Iodl~ine facjlitjcs and hilzhwav c9mmcrcial usc~ that ~,¢r,.'c tb¢ nced~; of th,.
traveline oublic, Thcs~ 9orPmcrcial u(.,cs must bg located on a major ancnal or
collector roadway,
{ncreascd commercial ooDortunits' alon~z Jefferson ~ve,n~e with dcveloom¢~t
standards lhat v, ill ensure coordinated access and al:)orooria!c landscaping, ~,m~
bufferin~ to Ix' com~alible ~ith nearby residential Dro~'rtieF
.4;~vlicqbdto. These reeulat ohs avrlv to Thc' commcrc a di.,strict along Jefferso,,
Avenue .aS i4cptific4 on the [mmoka ee Future [,and ~,'se Map.
Development crJ;¢rla The follo~,lng l;tandards shall ai:'plv to al! uses in this 9verlav
sub-dismCt.
Access ~{nts for future ¢ommcr~;ial develovmen: l~h~ll bc limited to a ma.ximvm o[
one t>cr 150 feet of ~treet fi'ontave. Provcnies whh le~ than the reauired sire;et
front,,~e. ~MII be encouraged lo utilize shared access mints with adioinirll,
commercial de,,'eloDment.
O'.,."ner~ of lots or combination of lots I~vinc less than the l,~0-foot ef required
front.',ee ma',' ~ctjtion the board of zon:n~, avmals for a variance from ~he stand~'d in
lhi$ sub-dtsl.'ic: as ~.ill not be contr~'v to the oubli¢ interest v,'hen o~.in~, to special
conditions ~eculia' to thc ~ro~nv. a li!e~l enforcement of these lnandards would
result m unnecessary and undue h~dship;
A ten-fool Tv~: A landscaoc Ipu. tT~'r ;~ identified in l,C'ction 2.4 of thi~ (;'ode shall
Drovided on Jefferson A';enuc for all commercial ~ro~ec~s
Pro'.isionl~ for shared parking arrangement5 v..jth adioinin, g dexelg?ments shall ~-~
encouraged
Commercial 5u d g~s ,,hall ~ set ~ack frg, m )c'ffCr~on Axe. hue a minimum of 2~
Commer¢ia! buddinc shall ha'.'c' a rriaximum heil:ht of f9 feet exglvding: ten fee~ for
under, buddme ~arkm~
and ~ntcnt The :,u,%~e,,,e of the, ¢¢s~gn~t;on h~ to ~rox~de for ~holq~le and
retail and ~holesate oe~unmes fgr agnc~kural bUSineSses ~ ~ell a;
~ck e~klnl for aencultural ~1¢~ ~u: ~og ~nhm rgad~avs and ~lhts-of
~evelo~ment stan~s ~9~ herein have ~e~ des~ned to enhanc,;
¢ncourale do'clo~mcnl ~d rcdexclo~mcn~
q.vphca&hn ,Th,ese regulations apt+. to thc Farm Market O~.erla.
arc clelt~ecL .,o~ds und¢:lm~'~l ate ~:tdcd
fl
FARM MARKET OVERLAY IUB-i~ITRICT iFMOSDI
.PCrm./~d ~,'~(.~. Ail pcrmiu~'d usc~ ~.'ilhin ~he undcrlvinR zonin~ dis[ricl~, and Ihe'
£~llo~ln~ uses. as idcnIl~d in ~h¢ Standard Indusmal Classification Manual I1
~r¢ ~rrqm¢¢ as a riehl Jn ~hi1~ ~ub-dismct.
L A~ncuhur~l Sen'ices (072~)
ArmcuhuraI O~door Sales
?crmi,¢d subicc~ io [he followin, ~rovjsion~:
L Outdoor sales oF a~Hcuhu~l ~r~uc[s ~rc ~n',.i,cd on imprgvcd 9Z
umm~rovcd ~ro~nics ~rovidcd thC ~lic~ ~ubmi~ a ~it¢ dcvclo~mcn[
~n ~hich dCmon~tcs ~ha[ ~rovj~ion~ will ~ m~¢ [9 adcqun[clv nddrcs,
Lhc foIIo~int;
~ Vchicul~ ~d ~d¢~man t~c ~fctv me.urea.
b, P~in. t~r undcvclowd om~nics ~511 ~ calcul;tcd 0t a ~t¢ 9F
1/250 ~uarc ~cc~ ofmc~dj~ ~a. A m~ximum often ~¢n~ 9t'
~ ~in~ ~ui~d by division 2.~ of Ibis c~c may ~ ~cuDicd~
o[bc~'isc rcndcrcd unu~l~ ~v ~hc Dl~cemc~ of tcm~.
~cturcs. ~ui~mcnt. signs, and mcrch~i~. ~ minimu,,,
num~rofdisablcd ~kin, s~accs ~ursuant t9 division 2.3 s~ll ~ .~
c, Limiicd hours ot'o~cr~don.
~t, orals :.'.-_-:E :k.-:.;i.~. ~'c d¢1c~¢~, words 19
2.2.28,~4
c. Fire protection mea.~ures,
f. S~mitarv fa¢ilhies.
2, The aoolicant shall provide a not.izod letter ~rom thc Dro~v o~¢[
~tin~ ~ission lo ~0]iz¢ the subiccl oro~y for a~cuhura] 9~tdO~
3~ ~¢ olacemenl oF one si~n. a m~ximum of 32 ~u~ Feel 9r lwo ~uch
signs For oro~ies con~inin~ more lhan 9n¢ ~r¢¢~ Frontage shall be
4. A~cul~ural ~roduct~ may be sold From a vehicle provided ~ha~ ~h~
yehicl¢ is nor I~a~¢d in ~h¢ road ri~hhor-wav.
5,. A minimum 5-F~ I~dsc~ buffer ~hal[ ~ required adiacent ~0 any
road fi~h~f-wav.
~¢C¢$$0ry
L L'sel~ and ~Iructure$ that ar~ ~¢ce$,so~' and incidental t9 the permitted
USES.
Dimensional StendardF' AI~ f'Ou~d within section 2.2.1~',
.4.4., Dimensional
Standards. of this co~e, except as noted 1~lgw:
a... Minimum floor area ~00 ~quare feet qross floor area for
permitted t:)rinc~pat agr CUltural ~tmctures.
22255q
Comm~'reu;/Destl~n Gtfid¢line$' ,Subiect tO provision$o[ Division ~.8., ,Architectural
and site design s~andar~l~ for ('ommerq~l 13uildinRs and Projects, 9f thi~ Code,
except as noted
a. The f0Uo~ing ul;eS, a,~ identified in the Standard Industrial
Cl~sificati9p blan~al (191~7), are exemot from the provisions
forth in Divis[oo ~. 0f ~he 3rchhec~ur~l and Silo Design $t~dard~
l~r Commercial ~uildi~ and Projects.
L Aencultural ~er','ice$ (07,~))
Trade
~ Acneul)vr~l Qutd09r $a1¢.~
La,~dscat~mr and Bufferinr Subject to Drovisions 9f Division 24.
3!erchandise Storore and Oisplav AS found v4thin section '~ '~ <:/, ~, or'this Code,
except as pored
a AIzrieuhural products ma'.' be displa',ed within an,,' front ',ard
~,rov dod it does not adverselv affect ~de;;trtan 9r vehicular traftlc or
I~ublJc health Or safer,' and is not located ,.,.'ithin the road rights.of.
wav.
~286
..~.ribusines$ O~'erlg~' Su~.Oistrict: special condit orl~ for the propenie$ idenlilied o,,
M'ao 5; and I~nher identifie~ bv the designation "AOSD" on the applicable official
Cqllier Count,,' Zoninv Atl~ Maps.
PUrpg.~e and intent Thc t~un:x)se of this desivnatioq is to ~rovid¢ for wholesale use~
~d aeficuhural ~ackin~ houses and ass~iated uses. The ~rovision~ 0f thi~ ~ub
d~stfict arc intended to ~rovide additional lands for a~ricultural related businessc,
and expansion oo~unities for exisfine aeribusiness. %e development st~dard.
contained hereto have ~en dcsiened to ~it consislent land u)e) within the fiOSD
~ord$ ~ ~ff deleted, words yn4¢rline~ ~c ~ded.
20
.4mfficabtlln" These regulations aooh' Io the ^~fibusincss overlay su~-~isu'ict ~
idcmified on Mao },
-2.
Map ~
""286.:
2,2.286.4
2,2.28.6.5.
Permitted Us¢~ All ~rmitted uses within the underlvin~ zonin~ districts, and
follov.'in~ uses. a.s identified in the $~andard Industrial Classlfic;ation Manual {1987),
are Dermitt~'d ,~s a r ~ht in t.his sub-district.
L A~ricuhural Services 1072))
Accessory
Uses anql gr~c~gr~1~ that are acc¢l~$grv and incidental tO the per'miucd uses
Oimen,*iona/Standar&' AS found within section 2.2.15'/:.4.. Dimensional St~dard~:
9f~his ~ode.
Commercml Desien Quidelines' Subiccl to orovisions of Division 2.8.. Arq:hjt{qtural
and Site Design Standards for Commercial Buildings ~d Projects. of this Code.
cxcem as noted I~low:
a. The follov, ine uses. as identified in the Standard Industrial Classification Manual
(1987L arc exemD! from thc ~rovisions set forth in DMsion 2.8, of thc Architectural
and Site Ocsiln Standards for Commercial Buildings and Proiects. , ...
.L Air/cultural Sen'ices ¢0723)
:
Words ::;-c:~ ¢~::;~h ate deleted, words vndcrlined ate added.
21 I
, _/q,?_.__
2 2 28 ? Standards for parkinc, within ih'; lmmokalee Cemr.q Business Sub-Distn¢~
t'rimo,3 area Lots. parcels, or U~¢[' whi,;h have frontage on WeSt Main Street {$R
291 or F rs! Street ICR 846) shall comoHs¢ the prjman' arC.a['.
2.2.28.7.1.1.
£xistimr uses Uses in existence as of thc effective dixie 0fthili code are excmot from
the minimum [~arkintt requirements as set forlh in section 2.3.16 exc;ept th~.t exi~tinl,
uses shall not reduce the number of spaces be!ow !h~t ~,'hich il~ pro'.'ided ~ of the
¢ffecti..'e d~t¢ 9f thi~; code:
-,,.~ -/ ?,.
..... 8..J £xvansion Thc cxoan$ion of any uR' shall require parkinll at 50 t>ercent of the
minimum requirement as set forth in section 2.3.16. for the exoansiorl
2.228.71~.
Chanl?e in existing use A charlile 9f any use ~,h~ll be exempt from the mini~u~
o~kine reqvirem~nts a~ ~e~ forth in ~tion 2.3.16 up to an imen~i~' level 9f 9ne
~arkine ~pace ~er I~ s~re feet. A ch~e 9f use ~o ~n intensity of ~eater
~ne space per 100 ~qu~e feet shall requir~ parking a~ one parking space ~r
~qu~e feet.
¢'.~e, in new buildings Any use in a building c0ns~ructed after the ¢ffective dace of
this code ,,..ill be required to prg'.'ide parking at ,cO perccn~ 9f the mi0imum
requirement al~ l~¢t forth in {;ection ~.3.16.
.?.¢qondary area Lots. t>arcels, or uses ',,,high do not have frontage on Main $;treet or
First Street ['hall 90reprise thc Scconqtarv area
£.ri~tin~ use/ ['~eli in existence as 9f the .effective date of this code are exempt from
the minimum parkinv re.q~iremer}t$ a,s [,et forth m Secnon 23.16 except that e:'fiStim,
~se[' lib011 not r~'qt~c¢ the number of slpaces bela'.', that v.'hjch is pro,.~dcd ~ of the
~;ffecn,. e 4ate of this code.
£tvon*ton The exoansion 9fan.. ul~e ~ihall rcqmre an .~dqlition t9 an'. parking 9fthe
mm~mum nu.m~r of required Spaces aS Set f9nh unqler Secuon '? 16~ for the
~txpan~,i0n onl,.
'225723
¢'han~.¢ tn erqrmg me A chani~e of an'.' u['e l~hol{ be exempt from the miniroum
varkine rec~rem~ntl~ all l~et fonh in ~cn9n ,~.j 16 up to 0n intcnlm..' level 9f 9ne
parkme space ~r 100 l~quare feet. A chan~e 9f usc t9 an intcnsitv greater than 9nc
pazkin£ space Vet 100 square feet ~.hall require t>arkinl~ at 50 ~rcent 0fthe minimum
requirement ~ ,et for'th un,er Section 2.31.6. N0 chanze m use l;hall 0!I0'.'.' f~r a
reduction of the current number of oazking s~aces ~rovjded.
('.yes in ne~ buildings ,.-~ny use in a buildine constructed ~ftcr the effective da:¢ 9f
this code.u, ill be required to orovide parkin~ at 67 percent 9f the minimum
re. quir~'ment aS sci forth in li¢¢tion
()/'f-$ite parking agreements {B no way l;hal{ the pr0vi~ionl; of the immokalec
central business sub-district (ICBSD) be construed so as to prevent ¢,tablishment,;
v. nhin thc ~undaric~ from takin~ advantage of off-site parkinl~ nrrani~emems as Set
forth in se~;non 23.4.11. Furthermore. the maximum distances :~ct forth in section
2.34.11 shall be increased to 600 feet within the boundaries of the ICBSD.
Pro~rties ~ithin the ICBSD enter/nv jqto off-site oarkin~ a~reement~ v, ith
oro~nies Outside the ICBSD ma,.' utilize Ibc 600-foot rule. . _~.
Bgundori¢.~ O~ thc disrricr Thc' phvlfioal limjtli Of the Immokalce .¢entral busmcs';
district ~ICBSD) i~r¢ a, shown on the official zonin~ atlas mat~ of the subject ".r~..
and as descnNd below: , o. l .., '- ].~3
~, ords ::.--~:~ :~.':ui.". are deleted. ',,ord$ ~JnC~grlin¢ql ~e added.
-' _
Be;innin; at the interaction or First S~reez and Third Av¢nu¢. ~he ICBSD ~und~'
~.ds ~'.~,h' ~on~ ~he ccm:rline o~ ~ird Avenue ~o i~ im,~¢fion ~i~h ~onh
Fifth ~r~ez m i~s ime~cfion whh Second Avenue. 'h~n w;pcrl,.
ccntcrlin¢ of Swond Avenue to Iht northerly extension of Iht cast line 9[
Bt~ A. J0v¢c Par~ Su~ivision: ~hcn ~mhcrK' alon~ said Im line ~0 Ibc
comer of ~id lot. then ~'¢s~¢rlv algn~ ~hc south loz linc oF Lots ~]. ]4 and 3~ ~o thc
~u~h~cs~ comer of Lo~ iS, zhcn northerly al0n~ ~hc wcszcm lot linc o~ Loz
ccmcrlin¢ ~ S~9nd Avenue. then westerly zo thc C¢mcrlin¢ 0f ~onh ~imh
~hcn ~uthcrlv lo ibc westerly extension of ~hc no~h Im line ~ Lm I~. Bl~k
~n'~ 5u~Msion. then c~t¢rlv, no,hotly ~d c~zcrtv ~Sth thc n0nh
Lot 12 ~d confinuinz c~tcrlv to thc nonhc~ comer of ~oz ~, Bilk 4, ~wn'~
Su~ivision. ~hcn ~gthcrl~' to ~h~ cc~zcrli~c o[ B9~gn Avenue, ~hcn C~tcrl~ zg thc
ccmcrlinc of Fou~h Str~ Somh. then southerly zo ~hc wcs~cm ¢~¢n~on ~
lot linc of Lot S. Bilk 9. Ca~n's Addition ~u~ivisi~n, ~hcn c~tcrb'
compline of Third St~c~ South. ~hcn ~uthcrlv zo ~hc ccntcrlinc of 9019~d9 Avenue,
then easterly io( hc ccmcrlinc of Second Strcc( Somh. ~hcn ~mhcrlv to thc ~ntcrlinc
of Euslii A~'~uc. lhcn c~tcrlv ~o zhc southern extension 9~ thc crmcrlinc 9f
Street to thc ccmcrlinc or Delaware Avcpuc, th?n westerly ~o zh¢ s0mhcm
of thc ~=sz Io~ line ~f ~gt 14, ~l~k 1, ~ainlinc Su~ivi~ign, then ne~hcrl~ lo zhc
SUBSECTION 3.B: A.MEND.'qENTS TO LANDSCAPING AND BUFFERING DIVISION
Di',ision ".4. Landscaping and Buft'cring. of Ordinance 91-10". as a,mcndcd, the Coil,er Count.,,
Land D¢,.clopment Code. ~s here[,.', amended to read as follo,.~s
DIVISION 2..I. LANDSCAPING AND BL'FFERING
Sec. 2.4.?. Minimum landscape buffering and screeninghet~eenuse~.
2.474
T&BLE:.~ T~BLEOF BLFFERREOLIREM£NTSB'~
LAND L'SE CLASSIFIC~TIO",S
Colher C'uunO Streetscape .',/aster Plan. Street corridors identified in Collier Naplescalx
90's Streetscape Master Plan. including areas v, ithin the right-of .way and on rcquired~
buffers adjacent Io the right-of -~ay..shall adhere ~o Ihe requirements of thu Co~e/
Naplcscapc 90's S,rcctscapc Mas,ct Plan.
_.. :i]3
Words ;:r~:L :~::~$~ are del~ted. ~ords ~n~erhn~ ~e add{d
Notwithstandin~z the above, for reouircd landsca~ buff.ers adiacent to any riizht-of, way. the
reouirements of thc Collier Naolcsca:~c 90's Streetscaoe Ma. seer Plan shall aoolv at thc
of issuance of. any relaled subseauem dcvelot~mcm order including construction
anendant ~o the a~roval of' a final olat and or a final site develooment olan. 9,'here
aoolication of said Streetscaoc Master Plan standards and rtouirernents is questioned.
official interpretation of the Dlannintz se~'ices director oursuant to section 1.61 0f the
Collier Count,,' Land Develooment Code rna,,' be requested. Further. the interpretation of
thc Dlanninc, ser,'ices director may I~ aD~aled to thc board of zonin~ aoocals as prescribed
by section 1.6,6 oFth¢ Land Dev¢loDmer'l!
SUBSECTION 3.C: AMENDMENTS TO SIGNS DIVISION
Division 2.5, Signs. of Ordinance 91-102. as amended, the Collier County Land Development
Code. is hereby amended to read as foUov,'s:
DIVISION 2,5. SIGNS*
Sec. 2.5.7. Prohibited Signs:
Sec. 2.5.7.28. Tr:~:r:~ i[nflatable signs.
Sec. 2.5.12. Permit applications.
Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida
rel~isteregl architect , of the plans and specifications and method of construction and
attachment to the building or the ground for all pole signs and all projecting sign: and any
ground sign over 32 square feet.
SUBSECTION 3.D: AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS
DIVISION
Division 2.6.. Supplemental District Regulations of Ordinance 91-102. as amended, the Collier
Count,,,' Land Development Code. is hereby amended to read :~s follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.4. Exceptions to required yards.
6.4 2. .'.[inor after.the:fact yard encroachments
2.6.4.2.1.
Minor after-the-fact yard encroachments ma,',' be approved administratively by thc
development ser.'ices director. For the purposes of this subsection, minor yard
encroachments shall be divided into two classifications:
Structures for which a certificate of occupancy er a .q~:l -4-:'.':~cFrn,.c~.: c.:.~..:~ has not
been granted. The development services director ma.,,' administratively approve
minor after-the-fact ,','~d encroachments of up to Lz-3,5. percent of the required yard.
not to exceed a maximum of ~-_.S (3 inche~.
Structures for v, hich a certificate of occupancy or a final dcvcloome.n.t 9~'der has
been granted. The development services director ma.',' administratively approve
minor after-the-fact yard encroachments of up to ten percent of the required yard.
not to exceed a maximum of two feet.
Sec. 2.6.15
3,
t~mctuitv and rema.in subject to the orovisions of Section
Structures.
Solid ~'aste disposal.
Words ::.-.::L :~;: ;3,"- are deleted, words undcrline~ are ~ddcd.
24
.Administrative '.'ahances aoDroved oursuit, nt to the above do not run with the !and in -
Non-Conforrrlinv
2.6.15.1.
Pursuant to Ordinance No, 90-30, as amended, solid waste disposal shall bc
required in thc form of bulk container sca'ice (gaxbagc dumpsters) for all commercl
establishments and multi-family projects containing five or more dwelling units undo
common roof. excluding robhouses or townhouses not exceeding tb'O stones in hei
upon demonstration of adequate access to facilitate curbside pickup and that all individual
units have an enclosed location other than the residential structure, such as a carport or
ga:'age, for thc storage of individual solid waste containers, or as othe~'ise Permitted
below.
Screening All trash or recycle receptacles shall be located so as to bc easily accessible to
the residents and the solid waste hauler and shall b<: screened on at least tl'u'ec sides to
prevent visibility of containers by neighboring property owners and from adjacent streets at
the first floor level, except as provided for in section 2.6.15.1.3. Enclosures shall have
minimum internal dimensions of 12 f~r~t bv }~ feet ~tu:~re !f ccluiot~cd bith £ates. thc clea~
o~nint dimension shall l~ a minimum of 12 fe~t and the £ates mus! ~ cc~ui:',~d b'ith n
dcvice to hold them o~n,
2.6.15.1.1
',, ¢
2,6.15,1.3
2.6,15.~Z
The follobing s:ructures may be used for screen,rig as required above:
a. '0.'odd fence.
Concrete block and stucco bali. back gall. masonn..' ball. or ~,.alls of simit~
matenal
X,'eget,ati~,e screenin~ in conjunction blth s¢cnon ".6 15.".1. or section 2 6 15
abo~ e.
Screening. as required above, shah be exempt from height hm~tations for Fences pro~ ide~
there is no obstruction of vtsion of adjacent streets.
Screening of bulk containers ('garbage dumpsters) ma,,' be exempted in: Industrial districts
('D if thc dumpsters arc located greater than 200 f~et from residentiall? zones or used
properL', and are not located v, ithin front yards: rural a~ricuhural districts ('A) in
conjunction ~ith a bona fide agricultural use on parcels conforming to the required
minimum lot size in the district; and during construction in all other districts.
.-l¢ce.~.~. The access aoproach
',chicle reauirinlt a minimum clear
fcct ghcn directly acccssin, a public s~r¢¢t. Containers and enclosures shall ~ placed
such that the accessing vehicles ~c not rcauircd
~v strcci, Provision ~hall ~ made ~o allow for a fo~'ard ~ravd path for thc~c vchicle~
where ~ibl¢. ~cn backing maneuvers are required tO ~h ~he vehiule to exit fro,,,
thc dum~tcr, provision shall
!cntlh adiacent to thc c9nIaincr
,%[inimurn requtrementx and /ocationa/ restmctions. In thc case of multi family
developments bith more than four units per structure, at least one standard size bul~'
container (dumpster~ per every ten units shall be required. All such containers arc subject
to the follobing Ideational restrictions:
Solid v, aste bulk containers i'garbage dumpsters} shall be pen'nitted in all zoning
districts.
b
Solid baste bulk containers ma.,,' be located within a required yard provided thc.,,' do
not encroach into a required landscape area. and further pro~,'ide that there be n°.
blockage of the '.lev,' of motorists or pedestrians so as to constitute a hazard.
Words -.:.-.:.-~ ,.~::;.~,;, ate deleted, v,~cls n t~ are added
sohd w~tc bulk container (g~bage dumpstcr) shall ~ ]~atcd
From thc st~cturc it is intended to sclc.
Lt¢¢ptions The site development review director, or his designee, may allow thc
following exceptions to the above requirements,
2.6.15.].! ~. l~Solid waste bulk containers fdumpsters) may be substituted by individual solid w'aste
disposal sci'vice (unit by unit curbsidc pick-up) subject to the following:
In thc case or individually owned multi-Family dwd]ing units (condominiums).
individual (curbside) solid waste disposal service may be substituted for thc
rcqulrcd bulk containers (dumpsters) upon documentation that thc subject unit or
condominium association, having bccn turned over from thc dcv¢loD:r to the
residents, has voted in thc majority to eliminate the usc oFdumpsters in Favor of
individual curbsid¢ sen'icc for all or p~-~ of pa~icula: development, subject to
acceptance From both the Collier County Solid Waste Depa:'~mcnt and thc waste
hauler. Additionally. the association shall demonstrate that there is adequate access
to Facilitate curbside pickup and that all individual units have an enclosed located
other than thc residential structure, such as a c,~:x~rt or ga;age, for thc storage of'
individual solid v, astc containers,
In iht case of muhi-ramily rental units bulk solid waste disposal containers
(dumpstcrs) shall be used unless an alternative mcthoclology For solid waste pick.up
is approved by the Collier County Solid Waste Dcpa.nmcnt and the v,'aste hauler.
In the case of a commercial usc bulk solid v. astc disposal containers (dumpsters)
shall be used unless an alternative methodology for solid waste pick-up is approved
by the Collier County Solid Waste Department and the ~.'aste hauler.
~, ords ~,¥e~k~wqp~H* are d¢lcicd, v, ord$ vnd~frl,ng~ are added
Sec'. 2.6.28. ,Automobile Service Stations.
TTt~; followine rceulations auo}v to the location, lavouL drainage, omrration, fcncine.
landscauinR, ua:kine, archi!cc!ufa{ features, and m:rrnitled salem and ~r,.'ice activmcs or'
automobile $¢m'i~¢ stations v. hich include convenience crocerv stores se{line motor fu~ls:
Purl;~,~¢ and/meat. The uuroos¢ of this ~cdon is to ensure ~h;~ aytOpmgb}le ~rvice s~ationj
do not adversely im:,a¢! adiaccnt }and us~s. esmt¢ial{v residential land u~$. Thc hhzh levels
of traffic. R{~r,:. and intensity oi' use associated w~h s,:rvic¢ stations, uanicularlv those OUCh
tv,'¢n~v-f'our hour~, may be in¢omoa~ib{¢ v. ith surroundimz us,:~. ¢$c~¢ia{{v rt$ickntia{ u~s.
Therc£ore. in the interest of orotecting the heahh, safety and Qeneral welfare of the oublic.
the followinlz regulation, shall a~olv to the location, layout, drainage, operation.
landscaoin_., oaxkinQ and ocrmined sa]es and service activities of automobile service
stations:
~{?¢(Jtion¢! (;nd~ir¢ ~/andardL All automobile service Stations shall meeI the
fgllowing Criteria;
Minimum fronta£e' An automobile service station shall n9t I~
located on a lot with less than one hundred rift'.' liS0) feet of frontaee
on a vehicular rhzht-of way,
2, r~finimum depth' Qn¢ hundred eiehtv ¢ 180) feet.
3[inimum lot or parcel or(o' 30,000 ~uare feet.
Separation requirements' There shall be a minimum distance of 500
feet. shortest airline measurement, between thc nearest ~xfints on any
10t 9r parcel of land to ~ (;x:cuoied bY auto~gt?il~; ~erviee stations,
and any lot or oarcel which is already occupied by an automobile
service station, or for which a I?uil~ing permit has I?een issued.
,[[inimum yord requirements' All structures.
[rgnt yard ~ctl;),ack - Fifty {50'/feet.
:~idq: yard Setback- Fgrtv (401 feet.
Rear var~ s¢lpack - F0r~y {40'/feet.
p,arlfi.~ reqFirements' AS required by Division 2.~ Off-Street Parking
and Loadine
.~rehit¢ctural [9oign ,A~ required bv D, iv ;fign ~.8 Architectural arld
Site Dcsien Standardls 0nd q;uideline3 for Commercial Buildines and
Proiects,
Land$cat~i,tr.' The follo~ine landscape requirement(, ar~ iq addition
t9 tbq requirements of Division ¢.4 l. andT, capmg and I~ufrerinq.
a, Reauired landsca:~inlz adia,:e,m t0 propertv boundaries
LD Rilzht-ot%'av buffer landsca~inr:
(a) Landscaoing adiacent to riehts.-of-wav external t9 the
develooment project shall be located within a landscal;~' buffer
ca.wmcnt which i~ a minimum of twtnw-five
width, Waler manalzement swales shall not be locate.t, v, ithin
these buffer areas, however, water management facilities such
as underEround PiPing shall be
{lp) An undulatin, l;x'rm with a maximum slope of]:l shall be
constructed alonl~ the entire lenlith of thc landscape lpyffcr.
The berm shall be constructed and maintained at a minimurq
avc'ra~e hcitht of three f3) feet, Thc berm shall be t)l~tcd
with mound cover (other than £rass). shrubs, hcdees, trees and
palms,
(c) Thc reauircd trees and oalms shall be ch~tercd in double
rows with a minimum of thr~¢ f3) trees ~r :luster. Canopy
trees shall be t)lanted at least fifteen ¢15~ feet on center within
a cluster. Thc use ofoalms within the tie. hi-of-way bvffer sh311
be limited to landscaped areas adjacent to vehicul~ acces~
_c)oints. Palms shall be planted in staggered heights, a
~9
minimum of th.fcc ¢31 ~alms ~zr cluster, so,ccd at a rn,tximum
of ¢i~h! (8) feet on center, with s minimum of' a four (41 foot
difference in heist between each tree. A maximum dir,~nce
ol' rwcmv, five O. 51 feet between all ~vtx-~ of tree clustrr~ shai]
be maintained (See Illustration 1).
All of the trees Ih'all b¢ 'a minimum of fourteen (14) feet in
hcieht at the time of installation. Trees shall have a minimum
3 l.r2 inch calJocr at 12 inches above thc tround ~! a :;ix
foot st)read. AI installation, shrubs shall b¢ 'a minimum of
(101 tallon, five (5) feet in height, v. ith a th'ce (31 loot
soread, olanted four (4) fcc! 9n ¢¢'~ntc'r,
~L~ Landscapini~ adjacent tO all other property linch;;
(a) Side pro~nv bounda~es ¢o~hcr than those adiac;nt ~o
rimht-of-wavs) shall be ~l~Icd with sJ~glc row hedges
consistent ~th the minimum requirements of Division 2.4.
L~d<a~in~ ~d Buffedn~.
{'bi Rear pro~c~v l?9un0'a~c.~ {other th.an Iho~ ad}acen~ tO
road ritht$-of-wav) shall be blamed with a single row hedee.
Thc hedize shall I?¢ a mirlJmum height of four {4) feet at
planting, planted at Ihrcc. (,3} f~'et on center and ~;hal[
maintained at a h¢ilr, ht of five I51 feel.
Curbing' Curbimz shall Ix instal!cd and constructed.
con~i~tent wj!h minimum ¢9de rgquiremcnts, ~t~'een all
~avcd are~ ~d I~dsca~ ~e~.
Perfmeter Wa//$: Automobile sen'icc station sites shall be ~;oarated
from adjacent residentially zoned or rcsidentialh' developed proocrtie$
by an architecturally desitned six {6} f99t high masonr',' wall 9r reface
utilizine materials similar in color, module and texmr~ 19 those.
utilized for the buildint. L~nd.,scapiriR ~hall be plantc.d on the
residential side of the fence or ~.'all,
Lirhtine
Ail lithtinlz f~¢ilitic.~ ~hall be directed away from adioinir~[,
properties.
On site lumina:its shall bc of Iow level, indirect diffuse tyW
and shall not exceed a height of Rrcater than twenty feet
finished trade.
LiP. htine located underneath a canot)v shall be of Iow level.
indirect diffuse type desiizned to provide lizht 9Blv t9 the
Dump island arc'as located underneath Said ¢anopv.
Rest Rof2m$' Ail rc~t room~ ~;hall be located in:fide or tO the l;id¢ 9r
rear of the buildin,:,.
Siirnaire' As reauired by Division 2.5. Sitnate and thc followjni,
rclzulations:
Accent lithtint and back lilzhtinlz is I~rohibited on canopy
structur¢{i.
b. Pole silzns arc orohibited. A sintle tround sitn shall bc
t~crmitted ~r site. not to cxcccd sixr,- 160} m_ua, re feet in area.
Wor~ ~ are dclned, words ~ndcrline~[ a~ added.
2625.3
Oround siens shall be limited to fifteen ~'15) fee~ in ~iehL
Thc si~zn shall be olaced '.,4thin a 200 ~uarc foot landsca::,~
Illuminated si~nac, c. Iolos. ad,,'enising and infomoatjon ~r
~rohibited above las ~ump~,
The number of on-oremiscs directional signs shall be limited
to ~,'o (2) signs ~r entr'v/cxit.
Silmaic identifvimz air, ',.¥atcr and vacuum ~.ooaratus shall b,-
limited to a total of four (4) sauare feet in
'['rash Storage; AS r,~uired by Section 2.6.15. a six Foot high
enclosed trash ama to be integrated with the desiin of thc servig~
stolon shall I~ orovided,
14. Storaire Tartly' S!orale tartks shall be located below ~radc~.
15. O~rside di$~lar o£t~rc~ffUCtI: Ther~ shall be no Outside disolayl~ 9f
~roducts. stackine of'fires or other merchandise.
£ntran¢¢ and ¢,rit' No automobile service station shall have an
entrance or exit for vchi¢!es within 200 feet alomz the same side of a
str~et a~ a school. ~ublic olavlround, child care center, church.
hos,ital, oublic library, or any institution for de~ndcnts or roi-
children, cxeem where such ~ro~rW is in arl~ghgr block.
[~uildin~ colors ond color banding on crmo~v structur¢~: Color
accent bandin~ on easolinc canopy struclures an,;I all other s~ructure5
is ~rohibited. Canooies shall be of one color, consistem with th,:
oredominant color of thc ~rincir~01 structure, if ar>olicable. Thc colol
of all structures on sit, :~halt ~ of soft car'th tones or eastcIL
[n]rrostruetur¢ ['Or ~enerOtor$' Each automobile sen'ice station shall
~rovide the necessan,' infras*ructure and ~re-v,'irinl~ in order to ~rov de
:he ca~abilities for lenerator sen'icc in ca~c ofemereencies.
1~ Locational and site s~andazds in accordance with subs¢clion 2.6.28.1.{I}
(SL shall not am)l¥ to, nor rvnder non-conformin,, any cxislinlz autgmol~il,
service station or any automobile sen'icc station within a Planned Unit
Dcvcloomen! (PUD) in which a s~cific architectural rendcfiniz and site ola,,
was no,roved as oart of a rczonimz action ~6or to the effective date of thi~
2. Hon,'ever. exisfin, automobile service stations which may otherwise I:.,_
rendered nonconformins~ bv the ~rovisions of subsection 2.6.28. I, (6) - ¢ 18).
or any other ao~licablc standard, exceog fgr automobile service statior,~.
within a PUD as described above, shall com~lv with aoolicable sub.~ctior,~
~f Division 1.8. Nonconformities.
Ot~rott'onoI ~tandord& [n addition to lh¢ retail dis~nsinlz 9f aulomobil,
~ls ~d oil only thc followin~ ~ices may ~ rendered and ~les ~a~,
excem ~ indicated:
Sales and servicimz of soark ,lues. batteries, distributors and
distr/bmor maria.
Words ~ ~'e cl¢lc~ed. -,oeds itnderlinlt~ ~'e added.
2,6.28.4.
Sales. mountine, balancint and rcoair of tires and wheel alienmcms.
bm not r~caooine of tires,
Sales and rcolaccmen! o1' v,-~tcr hoses, fan belts, brake fluid.
lithtbulbs, fuses, floor mats. wic~r blades, m'ease mathers, a'hecl
I~;arines. shock absorbers, mirrors, exhaust systems, and the like.
Provision oF water, anti£reezc, flushing of thc cooline system, air
~onditionine rcchattc, and the like.
?rovidin, and r~oairine fucl oum~s and lines.
Minor motor adiustmcnts not involvine removal of the head or
?. Ot~:nsine and lubrication.
Sales of cold dri~s, candies, tobacco and similar convenience ~oods
for service mlion customers, but strictly .nd only ~s ~c~ssorv and
incidental to thc odncir~al business o~mion.
9. Provision of roaqt maos and other information.
mechanical ~.od~ sh~ll be milov.'ed outside of ~¢ enclosed
Oil drainaee pits or aopliances for such oumose or r~oair oumoses
shall IX located ~i~hin a ,a'hollv enclosed buildine.
Uses mrrmissiblc at an automobile sctwicc station do noc include
maior mechanical and body work. straieh~enin, of frames or body
oarts, steam cleanine, t~ainfin~. ~'eldine. storage of i~9mobiles
(excem as cxorcsslv ~rmitted in ~ara~ra~h 13 b~lowL commercial
earaec as an accessory usc. or mher work involvine undue noise.
elate, fumes, smoke er giber 9haraeteri,fics Io an exlent £reater than
normally found in such stations. An aulomgbilc 1,¢~'ic¢ s~afion is not
a facility for the sale oF automobile vehicles, a reDair ~araec. a bo~y
5hoD. or a ~rucksloo,
Thc temc.orarv storage of vehicles shall be mrrmi~ted if thc vehicles
~c to be sen'iced at the sen'icc smion or il' thc vehicles have been
Iov,'cd by the sen'icc station and are bein~ held for scn'icin_t, for an
insurance corn,any or for salvae¢. ^nY such vchiclefsL other than
those vehicles serviced daily, shall tx slor~d within an area
surtout)dod by an om~au¢ fence not less than six {61 feet hith. Said
~chicles shall no~ Ix stored Ionecr than sixty ¢60) days.
Washimz and ~lishimz of automobiles and sale of automobil¢
~'ashiniz and ~olishine materials, but this only allows auto clctailini ~
an accessory use. but this ¢rovision docs not allow carsvashcs excem
in those zonine d[stricts where a car~'ash is a ~rmincd use: and
a'hcrc such car~'ashes shall Ix subiect to criteria s~xcificd in thc
zonin, district.
Waiver o/' dfstance requirements, Thc boa,rd of zonin_~ ao~cals may,
resolution, trane a ~'aiver of om or all of thc minimum seoaration
reauirements set forth in section 2.6.28. if i~ is demonstrated bv thc
and determined by the board of zonine a~>ocals that thc silc oronoscd for
dcvcloomem of an automobile service station is se¢~'ated from another
automobile service stolon by natural or man-made boundaries, su'ucmr~s, or
other features which offset or lime! the necessity for such minimum distance
Wo*cts (~ ~'e deleted, words underlineq~ ~r~ ~lded.
reauir~mcms. The board o£ zonine ao~-als decision to waive ~ or Ill ol'
the dist. mcc requirements shall Ix based uoon the followin~ faclors:
L
Whether or not the nature and ~ or natural or man,made boundary.
smx~ure, or other feature Ivimz between the orooosed establishrnent
mci ~ existin~ automobile service station is determined by Ow boarll
to lessen the imoact of the ~ro~sed service s~ation, Such boundan;
structure or other feature may include, but not Ix limited to. I~es.
marshes, nondcvclooablc wetlands, desiv, nated m'eserve areas, canals
and a minimum ora four-lane arterial or collector tithe-of-way.
Whether or no! thc amomobil¢ service station is only enraged in
servicin~ or automobiles durini rclular, daytime business houri, or if
in addi0on to or in lieu of servicimz, thc gafion sells food. ~asoli~
and other convenience items durinz da,,'limc, niihuime, or on
ho~r basis.
Whether or not thc service station is located within a shormin~ ¢cnter
t~rin'm'ilv accessed bv a driveway, or if it fronts on and is accessed
directly from a olat~ed road ritht-gf-way,
Whc,,,her or not ~hc re, amine ~f the distance waiver will have an
adverse imoacz on ad acen( land uses, cs~ec a v residential land uses.
'~ '~ 4
°,6.8 I
14'Otver r¢clU¢$t suDrnittol requirementS. The request for an automobile
service station waiver shall Ix based on the submittal of the reouirecl
aoolicafion, a site elan. and a ~TJaen market study analysis which Justifies a
nccd for (he additional au(omobit¢ sen'icc smith in thc desired location,
Thc site olan shall indicate thc follov4rsg;
I. The dimensions ofthe subject t>ro~rtv.
.All vchi~'ular points of ini~ress and ¢~ress
Compliance with ~II reauircrnept~; 9f !hJl; cod~' includinR thc location
of the structures on site. lond$¢a~in~, ofF-street ~arkin~, site
circulation, architectural design I~uid¢lines. and sil~nai~e,
All oro~sed buffer areas.
,L
Thc site olan shall als9 ir~digate thq: lavgut and type of la~d u~;eq
surroundin, the subiect oroocnv within 500 feet. Thc site Dian shall
show thc layout of thc road on which thc Drowsed station fronts 9r go
which access is orovided, includimz thc tvr>e of road. the number of
lanes, and Ibc location of intersections and turn lanes, median
locations and median widths, for a 500 foot distance from the subiect
2.6.28.42.
.4dditionol condition~, Thc board ofzoninl ao~als shall have thc rieht to add
additional conditions or reauiremcnts to its aoorgval Of a distance waiver reciuest in
order to insure compatibility Of thc amomobilg ~e~'ice statio~ with ibc ~u~0undi~
~ca ~d the ioals ~d objectives of the Oro~h M~aiement Plan.
Sec. 2.6.35. Communication towers.
2.6.35.2.
Definitions. As used herein "antenna" docs not include fa.) wire aJx. tcnnas
only' dishes that have an outside diameter of less than fonv (40) inch~;'~. A "tow,..r" is a
structure for the prim~,y, purpose to raise the height of an antenna. An "antenna structure"
Wo~ds ~ ~ dcletccl, word~ undcrfing'~ are added,
is a base. stand, or other method of stabilizing an antenna but the primary purpose is other
than raising a height of an antenna. "Effective radius" means a radius of six miles from the
respective tower unless a lesser radius is approved. "Lesser effective radius" means an
approved radius of ]ess than six miles. "Zoning district' includes areas within p[a.,'tned unit
developments (PUD) that have density requirements similar to those specified in this
section. ".All." 'an.,,'." and "each" means exempt and nonexempt towers, s~ructures, and
ow-hers un]ess the context clearly indicates otherwise, but does not include old towers or
old sites except in subsection 2.6.35.6.13 related to inspections. An "old" to,,,,'er or site
means a tower or site that v-as approved prior to the effective date of Ordinance No. 91-84.
A 'new" tower or site means a tower or site that requires approval under this section. An
~'approved" tower or site is a tower or site that was approved under Ordinance No. 91-84 or
is approved under this section. "Ow'ncr" refers to a sole owner or any co-owner. "Rent"
means to rent. lease, or otherwise provide tower or site space. "Monopole communications
tov.'er" means a commercial vertical single tubular self-supporting tower for non-parabolic
antenna~ wit[, small effective radii. "Unavailable to the applicant" means a tower that
ca,mot accommodate the applicant's proposed antenna or a site that cannot accorm'nodatc
the applicant's tower, antenna, and related facilities. 'Unavailable" means that no
additional tower or site capacity is available to anyone. "County manager~ includes
designees of the count' manager. The singular includes the plural and ,,'ice versa unless the
context clearly indicates otherwise. 'Government" means the United States governxnent
and any agency thereof, the State of Florida and any agency thereof, any municipal
corporation and any agency thereof, Collier County and any agency thereof, and any
district. Except as to monopole communications towers, and structures and antennas :hat
are limited to 20 feet or less in height v. ithout conditional use approval, heights of towers
and structures specified herein are exclusive of an,,,' antennas affixed thereto and are
exclusi~ e of the respective ground elevation.
2.6.35.62.
Permitted ground-mounted tov,'ers. To,ri'ers not exceeding the stated maximum heights arc
a permitted use subject to other applicable provisions of this section, including separate
requirements and shared use provisions. Tov,'crs that exceed those specified maximum
heights require .."z~...J!:~:;:.:! u~ :g~;:: :L a variance in pccordancc ,,,,'ith section .~.7.5,
All commercial and industrial zoning districts: Any tov. er up to 75 feet in height is
a permitted use :~bj::: :z ~..!~.~=u=;,.,4 require;T',.,:nts I~rcvided the ba~e of ~uch
to~er is se~arot¢~ a minfrn~rn ~i~ano¢ of 7~ feet from the nearest ~)undar'v with
~. parcel Of la.nd zoned RSF.! through RSF-6, RMF.6, E, RMF-I~, RMF-16, RT,
VR. SIH. 'I-T'RV¢, or PUD I:x'rrnitlinl~ six r<r:Hdential d~¥¢lling units or less. Any
toy, er that exceeds 75 feet in height up to a height of 185 feet is a lawful use only if
permitted or othem, ise provided in the respective zoning district and thc bas~ of
such toy. er is sepanatcd from the nearest boundax?, of any parcel of land zoned RSF-
I tl'u'ough RSF-6. ILMF-6. E. R.MF-12. R.MF-16. RT. VR. NiH. TTRVC. or PUD
zoning of six residential dv. elling units or less. by a minimum distance in feet
determined by multiplying thc height of the to,,,'er (in feet) by a factor o~2.5. (Thc
minimum separation distance is 2 V: times the height of the tower.) Towers v. hich
do not meet the scpax-ation requirement may apply for a variance in accordance with
section 2.7..<.
Agricultural zoning distr~cts '.,,'ithin the urban designated area: To,,,.crs not
exceeding 200 feet.
.Agricultural zoning districts within the rural designated area: Towers not
exceeding 280 feet.
All agricultural zoning districts: No tower that exceeds ~wo hundred and ciehtv
(280) feet in heilzh~ exclusive of any anl¢nna affixed theretn~ shall bc alloweG on any
site comprising less than 20 acres under common ownership or control except {;uch
~.': co.-.d!:!:~.:] ..:-,,: .:i:~. v,h;.;,~ towers can be approved as a conditional use on sites
of less than 20 acres if the tower il; ~O bc located in the eeneraI area of thc ~rocx~sed
site and the aoolio~t cannot whh economic feasibilitv acquire title tO 9r control of
a suitable tower site of at least twenty (20) acres in the reouired eeo£ra~hic viqjnitv
9f the ~ro~osed tower site.
Words ~ ue deleled, words ~ iuc added
SUBSECTION 3.E: AMENDMENTS TO SUBDIVISIONS DIVISION
Division 3.2. Subdivisions. of Ordinance 91-102. as amended, thc Colllcr Count.'.' Land
Development Code. is hereby amended to read as follows:
DIVISION 3.2 SUBDIVISIONS°
Sec. 3.2.4 Exemptions.
32410.2
Exemption from platting and subdivision regulations. Thc division of property'. 9C~;urril~g
ofior to July 15. 19qS. meeting thc definition of rural subdivision shall not require the
subdivider to record a final plat nor comply u4th the subdivision regulations provided in
division 3.2. The subdivision of vro~rti¢$ occurrimt after JuN 15, 1998 ~=~'441 not
cxemot from olartine and filine a vrelimina~' l;ul;,division olaf ePSp). However. thg
~,licabilitv of all required subdivision imorovemcnts and standards as set forth in secfigrl
3,2.8.3. reauired imt~rovemcnts of this code l~hall ~ determined by thc devclooment
se~'ices ~md envimnmcnlal ~rvices administrator on a case ~,v case basis. The aoolieant,
thtoulth the oreliminarv sulxlivision ola~; (?SPy orocess rrl~v yeq~e~t v, aivers from certain
~reauired imorovements". Th.: :';~i:'i~:: :.':~ :he ~u::.~;.~: 0£ :he ~':z.~;.' :&:ll
;;,::~ eh: ,-~eu!::i:v,: ~r:'. ~e~ i.~ ::::icy. ].2. !.!0. Thc subdivider and ourcl'~ser of
mcetin~t definition Ca) of rural su~i','ision shall ¢gmplv v, ith Sections ).2.4.102 through
32,419.4 o£ this code. The division of property not meeting the definition of rural
subdivision is required to comply' with all requirements of division 3.2.
Deeds and other com'e)'ances. All deeds and other conveyances for properties meeting
definition of rural subdivision oursuant IO division 6.3 (aY ~hall include in ten-l~int type
follo,s'ing statement:
3.2.a10.3
"NO GOVERNMENTAL AGENCY. INCLUDING COLLIER COU,'NTY. SHALL EVER
BE RESPONSIBLE FOR TIlE MAINTENANCE. UPKEEP OR IMPROVEMENT OF
ANY PRIX, ATE DPdVES. ROADS. STREETS. EASEMENTS OR RJGHTS.OF.WAY
PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED".
Building permits for rural subdivisions. Buildine lNrmitl~ wilt not ~ is,ued until thc final
.................................. 0'-'-.~:: ~.
3.2.4.10.4.
Access agreement, Thc owner of property applying for a building permit, which ~v
definition ir~ division 6.3 (a} is deemed to ~ a rural subdivision, shall execute a release and
~'aiver agreement which shall be executed and recorded at the applicants expense in the
official records of Collier County. The release and waiver agreement shall be in a form
approved by the county attorney or his designee, and shall include, at a minimum, the
tbllowing provisions and a copy of the recorded agreement submitted with the proper'~y
owner's building permit application:
SUBSECTION 3.F: AMENDMENTS TO SITE DEVELOPMENT PLANS
Wo~s :~"-c:~ :~."::c~Y. are deleted, words underlined are added.
Division 3.3., Silo Development Plans, or Ordinance 91-102. as amended, thc Collier County
Development Code, is hereby amended to read as follows:
DIVISION 3.3 SITE DEVELOPMENT PLANS
Sec. 3.3.5. Site development plan review (SDP) procedures.
3.3.5.5.5.
Infrastructure /mprovement$ plans. Detailed on-site and oH'-site
infrastructur~ improvement plans and construction documents prepared in
conformance with the design s~ndards of division 3.2 and any current county
ordinances, regulations, policies and proced~cs which consists of, but ate nc~t
limited to. thc £ollowing items:
A cover sheet setting forth the development name, applicant name,
name of engineering firm. and vicinity map.
Improvements for water and sewer service as needed or as may have
been specified during a preliminary site development plan review
prepan:d in conformance with Collier County Ordinance No. gg-76 as
amended.
Improvements for roadway, motor vehicle and non-rnotoriz~c~ ~
circulation, ingress and egress, parking and other transportation needs,
including traffic calming devices, required or as may have been
specified during the preliminary, site development plan review.
prepated in conformance with section 3.2.8.4 subdivision design
requirements (for purposes of this requirement, all references in
section 3.2.8,4 to "subdivision" should be read to mean dcvclopmem.
where applicable and appropriate).
Non-motorize~ ¢in:ulalign iii defined as mgvemeni by ~rson~; 0,,
f~t. bicycle or ogher human-~wered d~vice. Non-molorize, I
circulation is considered safisfa~ggr~, where sidewalks and bicvcL
facilities ate m'ovided in a fashion no less comorehcnsive thal~ a~
o~d/ned under subsection 2,8.~.4 and section 3.2~[.
S~ci~i a~endon :;hall be liven to th~ rleed~; Of the di~blg'd a-,
~rescnbed ~. the Americas ~h Di~biliHcs Ac~ of 1990. Tb~
· bsenc~ ofo~cdons in the ~ublic d,h~f-wav sh~ll ~
dcmonst~cd, includin~ ~ovisions for ~fc ~d convenien~ ~t~
crossin, Sidewalks ~d bike ~a~hs a~ in~e~ecdons shall continue
· c ~e ofcu~
-.//7..
Two curb r'~'nm shall be ~rovided for sidewalks ~ bike ~aths al
each s~ree~ corner of~n inle~ection. Curb ram~s shall be a minimum
Qf~ inches in ~iclth and shall not rise a; a ratio i~r~a~cr than as
Qu~lin~ b, the Florida ^cccssibilitv Code for Buildini Consu'uc~ion,
,,tllllllll~l
Words ~,~e~s..sl~,e~ ~'~ d~let¢d, wo~ds un~t~'!ins'd ~'c ~ddcd.
Crosswalks shall bc r~ouired al any intersection where the distance
Ibc hearts! cross~alk is e. rcater than 1000 feet,
Improvements for water management as needed or as may have bt'tn
sit--tiffed alu:lng thc prelimina.E,.' site development pian review.
prepared in conformance with section 3.2.8.4 subdivision design
rcquir:mcnts (for pm'poses of this requirement, all references in
section 3.2.8.4 to "subdivision" should bc mad to mcan development.
where applicable and al~ropriatc), and pursuant to South Florida
Water Management Disa'ict rules, chapter 40E-4, 40E-40 and 40E-4 I.
Flori~ Administrative Code.
.~7_, All nccessa~/ stand~rd ~ special de~ls associated with sections
3.3.5.5.5.2 through 3.3.5.S.5.4 above.
&..8. Wrinen tcch. nlcal Sl:X'cifications for all infrastructure improvements to
be performed.
Engineering design computations and repons for water, sewer, roads
and water management facilities, as required by federal, state and
local laws and regulations.
Topographical map of the property which shall include the following:
a. Existing Features. such as. watercourses, drainage dhchcs.
la, es. marshes.
b. Existing contours or representative ground elevations at spot
locations and minimum of SO feet beyond property linc.
c. Benchmark locations and elevation (NGVD).
~II Site clearing plan and method of vegetation disposal.
SL'BSECTION 3.G: AMEND.MENTS TO VEGETATION REMOVAL, PROTECTION AND
PRESERVATION
Division 3.9. Vcge~tion Removal. Protection and Prescr','ation. of Ordinance 91 - 102. as axnended.
Collier Count.,,' Land Development Code. is hereby amended to read as £ollov,.s:
3.9.5.2.6.
3,9.5.5.5.
DIVISION 3,9 VEGETATION REMOVAL. PROTECTION AND PRESERVATION
Protected vege~tion proposed for removal is normative. Replacement of normative
vegetation shall be v.'ith native vegetation of comparable caliper and area and shall be
subject to the approval of thc development services director or his/her designee. In
the event that comparable caliper or diameter at breast height (dbh) vegetation is not
available, smaller dbh trees that total the requisite caliper may be substituted. Under
no circumstances will a tree or shrub less than the minimum size requirement for
landscaping bc accepted. (Exceotions will be grained for removal of normativ,:
vegetation as lis~ed in Sections 2.4,4.9 th.rough .~,4,4.1 l. The reolaccm~pj
reauircment for this ve,ctation shall be on a I:I basis, usin, thc minimum miti,,ati~u
sl~ criteria listed under Section 3.9. S.5.4.1 Rcplacemcm native vegetation shall bc
planted within 14 calendar days of removal.
Bona fide Aagricultureal us¢:; shall be exempt from the above preservation
requirements provided tha~ any new clearing of land for such agricuhureal uset shall
not be convened to nonagricu/lura] development for at least ten years. For the
oumose of this ~"cfion. the term Ixrna fide aericuhuraJ uses shall include
~ ' ' .. · For
any such conversions in less than ten years, the conver~ed land ,,,,'ill be restored with
native vegetation to the degree required bv this code at thc time thc cleating
occurred. · , ' .
· iv ,,[ t v t 'i 'i r
· ' v v, 'ti n exem ItOh to the a ve r rvat[ n
· ' t rally rtv or c ntial ic ,' a
· v .r ' ' . .9 and c met ri ','.'here it czn dcm trt at 't i
· t r t u Iici al wareduct' ninall r rathe
reoutrcrnent$ for ~r~servation ofexistinc, rlati,,.e vegetation_.
SECTION 3.tl: AMENDMENTS TO DEFINITIONS SECTION
Division 6.3 Definitions. or' Ordinance 91-I 02. as amended, the Collier County Land Development
Code. is hereby amended to read as follows:
DIVISION 6.3· DEFINITIONS
Dwelhng. single-fumdy or one-famdy A building v, h/ch I ) contains only one ( t ) dwelling unit;
-~) is intended, designed, used and occupied by no more than one ti) i'amily; 3) meets the
minimum width across an}' front, side or rear elevation oft',,,enty.four (24) feet; and 4) meets the
minimum floor area and maximum height requirements of this code· The following conditions are
as much a par'l oflhe definitions as the principal definition:
The duelling shall comply- ~ith thc minimum square Footage requirements for
single-family du, ellings of this code for the district in ~.'hich it is located.
The d'*e!ling shall be connected to a public sev,¢r and '.,,atcr supply or to such
pm, ate facilities appro~.ed b? thc count}' health department.
The term single.fami].,, du, ellin~ ma}' include manufactured homes ',',hen placed on
permanent foundation. ManufaCtured homes must meet minimum width, minimum
square footage, maximum height and all other requirements applicable to on-sHe
built d~¢llinDs.
d On-site built as ~ell as manufactured homes must be firmly attached to a permanent
foundatIon constructed on the site in accordance with the county building code.
e. In the e~.ent that adu, elling is a mobile home, it must comply with minimum v. idth
and minimum square footage and must be secured to the premises by an anchoring
system or de,,ice complying with thc rules and regulations of thc Florida mobile
home commission. Each mobile home shah be installed with the ',',~heels under
carriage or chassis: Am i/chore c m Ivin wit therule andr 1 ti n fthe
~! h mecomm~ I nshalln tbecon ideeda in lc- arnilv weHin .
'f- '] n ' in ~ t ets ',.,.'hi h all w sin lc. il'.'
w .'n ' u Is th term m lie home i ex e Iv tarea
Rural Subdivtston: The division of a parcel of land within thc rural area as defined herein
,*heifer improved or unimproved, into P,,,,,e- ~ or more contiguous parcels of land
of u, hich is risc acres or greater, and not including any change in a public street, rights-of.
wa), or access easement. The following prior or future divisions of land shall constitute thc
subdivision of rural lands:
Lots or pa;eels within thc rural zrca that are a lot(s) or record as defined herein and
identified on thc tax roll as o£Dccember .3 I. 1993 or valid contracts for deeds as of
the same date. provided they have a private easement reset'ed or recorded in the
public records or a public or private right-o£-way that has access to an easement as
o£December 199~: or.
(b)
Lots or parcels five acres or greater that arc created after December 31. 1993 a,qd
,rior to July IS. 199~ that gain access tMough the grant of a private access
cascrnem or private right-of, way.
(c) Lots or parcels five acres or greater than that are created aJ~ter ~
JuN 15. 1998 that gain access through the grant o£ a private access easement or
private right-of-way. This form ora rural subdivision shall not be c×c,:,ot from
~relir, finarv subdivision plat (PSP) .roccss. However. reauired subdivisig,~
improvements and standa;ds shall lpc reviewed bv the dcvelo.mcnt services and
environmental sen'ices administrator on a case by case
Sign. cons;rucaon: A tcmpora;7 sign placed in advance o£ issuance o£ a certificate of
occupancy or' a building or strucn, u'e indicating thc name oF the building or structure, thc
architects, the contractors, and other similar information reg~ding thc building or structu~.
Construction si,ns do not contain any oromotignal 9r ~alc:~ material. (See division 2.5.)
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordin~ce conflicts v, ith any other Ordinance of Collier Count.,.' and other
applicable law. the more reslrict[ve shall apply. If'any please or portion of the Ordinance is held invalid
or unconstitutional by any courl of competent jurisdiction, such portion shall bc deemed a separate.
distinct and indel~ndent provision and such holding shall not affect the validity, of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The proxisions o£th.s Ordinance shall become and be made a par~ oFthc Land Development Code
o£ Collier County. Florida. The sections o£ thc Ordinance may be renumbered or relettered to accomplish
such. ~nd the ~,ord "ordinance" may bc changed to "section". "article". or an.',' other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Depa~'Iment
PASSED AND DULY ADOPTED by thc Bo~d of County Commissioners of Collier County.
Florida, this day oF .1998.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORJDA
ATTEST
BY:
BARBARA B. BERRY. CHAIRMAN
DWIGHT E. BROCK. CLERK
APPROVED AS TO FOR.M AND LEGAL SUFFICIENCY
MAPd4)RJE M. STUDENT
ASSISTANT COUNTY ATTORNEY
~'orcls ~ ate ckle'L~:L words underlin¢cl ate ackkcL
· ' EXECUTIVE SUMMARY.
RECOMMENDATION TO TERblINATE EXISTING CONTRACTUAL AGREEMENTS
WITH THE GOLDEN GATE AND EAST NAPLES FIRE CONTROL AND RESCUE
DISTRICTS FOR SERVICE PROVIDED TO TIIE COLLIER COUNTY FIRE CONTROL
DISTRICT.
~ To cancel the existing Collier County Fire Control District contractual agreemenls
with participating fire departments and negotiate successor agreements.
CONSIDERATION: Pursuant to Collier County Ordinance No. 84-84, the County created the Collier
County Fire Control Municipal Services Taxing Unit to provide fire protection services outside of
existing fu'e district boundaries. Fire protection has h~stodcally been achieved by contractual
agreements with Ochopee Fire Control District, East Naples Fire Control and Rescue District, Golden
C..me F'u'e Control and Rescue District and Isles of Capri Munidpal Rescue and Fire Services Taxing
District. Currently, the properly owners within the Collier County Fire Control District are taxed a~ a
rate of 2 mills.
The existing agreements allocate ali of the taxes assessed in this District to the four participating fire
protection agencies. Prior to the incorporation of Marco Island, fire protection services to Goodland
and Horr's Island were provided by the Marco Island Fire Control District. Goodland and Horr's
Island were excluded from the City of Marco corporate boundaries and therefore became part of the
Collier County Fire Control District. The City of Marco charier stipulates that the City will provide fire
protection services to these areas via an interlocal agreement with the County. As a result, the contracts
will need to be modified to provide funds from Distdct ! to pay for services provided by the City to
Pursuant to direction given by the Board at the budget workshop held on .Iune 22, 1998, the new
contacts will maintain the current funding allocation methodology for lhe existing service providers
through September 30, 1999. Written notice of cancellation is required on or before luly !", becoming
effective October 1", of any given year.
FISCAL IMPACT: Latest tax assessment rolls project that FY 99 disbursements from the Collier
County Fire Control District to be $359,500.00.
GROWTH MANA~;EMENT IMPACT: None
RECOMMENDATION: That the Board terminate the contractual agreements with the Golden Gate
and East Naples F'tre Control and Rescue Districts for service to the Collier County Fire Control
District and direct staff.to negotiate successor agreements to become effective October i, 1998.
Jei~P/a~ EMS (~ornmander
REVIEWED BY: ~ ~ ~C ~_ ~ _----~,
Leo Ochs, Support Sf~'ices Administrator
Dale: ~./,~/'~.~
~r.,E 02
,;O..L IEm E."~JE:
SERVICE AGREEMENT BETWEEN THE ~ .N_A~PL..E~/J,R, EIER
,.~,.,~-un, A~n uF-qCUE DISTRICT AND THE BUAItU ur ~v~,,~
~,~.,~v., ...... -"~OU NTY COMMISSIONERS
COLLIER COUNTY, !fLORIDA
VICE AGREEMENT (A~reement) made this.lfib_ day of
This SER '_ .... ,-- hOARD OF COUNTY
I 97 by and ~e~een
~ 9 , ......... ~ ~ORIDA, ~erelna~r
COM~IONE~ OF COLLieR ~'~~ FIRE CO~ROL
~D R~CUE DIURIl.
· r Cmunty Ordinance 84- 84, as
EREAS pursuant to Collie . . .......
WH , ~' --' ..... rs create(l toe q~otlier
amended, the Board. o.f. Co. un. t~, ~___num~_.~,~.t~.' nit- herei-a~ter
ttnlCl Itl omrvz~
County Fire Control M P ..... · ,~:_..:.., - x · and
referred to as the # Collier County Fire uontroi
~fHEREAS, the .Collier County Fire Cmntrol District, as created by
oilier County Ordinance lqo. 64 - 84, as am,ended, include a. li of the
-C-°t-.~.*~orated area of Collier County, Florida, tha_t is not, included
~t"~l'~ a' ~dependent or independent fire control district; ann
DISTRICT has the necessary equtpmen~ ai2u .t~.--~, ,
s Exhibit "A' attached hereto
in fire department response procedure .... .
arid lncorpo.rated herein, to provide fire co.ntrol, tire prevenzzon ann
re~xle services to sub-areas of the ~olller County Fire Control
District; and
WHEREAS, certain portions o.f the Collier County Fire Control
District described above requires ~re and rescue protection
services; and '
WIIEREAS, the parties desire to enter into this AgTeem.ent under
the authority of the Florida tntergovernmenetal f~or° t~a~u°rn_oA~ ~
1969 (as amended), being Chapter 1.63.01,e.t.s q., · p .~ -L--e
most ef~ciently providing fire wer3dce anct Fescue service ~o wvs
WeoWraphlc areas an.d parts of the Collier County Fire Control
District which are the subject of this Awreement.
NOW, THEREFORE, in consideration of the premls.es.and.
covenants set out herein, and other valuable considerations tn nana
received this date, each party from the otheF, which Js hereby
acknowledged, the parties hereto agree ms follows:
JUN 2 4_-11 J8
1. 'l'ne term of this Agreement shall be ef~ecCive from October 1,
199'/ to September 30, 1998, and, thsreafter, shail be deemed
extended year to year upon tbs same terms and conditions
contained herein. This Al'reement may be &mended as to its
terms and conditions at any time by mutual consent of both
parties, through & writing executed with the s&me formalities
as this Agreement by both parties.
t. The F, AS~ NAPLES FIRE CONTROL AND RF.~CUE DISTRICT
agrees to furtLlsh fire and rescue protection services, to a
portion of the Collier County Fire Control District. The fire
department responses as described in Exhibit "A" shall be
deemed to ertabUsh the closest station to the response service
area. The FAST NAPLES lilLE CONTROL AND RESCUE
DISTRICT shall furnish said fire &ual rescue protection
services within a primary zot~e of coverage within the Collier
County Fire Control District, u weU u in other backup zones
of the Collier County Fire Control District, as required by
procedure, or upon the request of the County or of other
Collier County Fire Control District contract providers. The
Fire Chief shall, in co,unction with other agency flre chiefs
servicing the Collier County Fire Control District, forward to
the County a map Indic~ting and confirming each agency's
primary and secondary response zones within the Collier
County FiFe Control District- The Fire Chief of the EAST
NAPLES FIRE CONTROL AND RF. SCUE DISTRICT and the
Chief of the County Department of Emergency Services, or
their designee's, shall co.operate to estabUsh and define said
primary and backup zones within the Collier County lire
Control District. Said services shall be provided in the same
manner, level and priority as the fire protection and rescue
services furnished within the rui'ular EAST MAPLES FIRE
CONTROL AND RESCUE DISTRICT, taking into consideration
the time, distance fred reSOUrCe limitations of the EAST
NAPLES FIRE CONTROL AND RESCUE DISTRICT.
'l'ne COUNTY agrees to pay the EAST NAPLES FlEE CONTROL
AND RF, SCUE DXSTRICT for services rendered to a portion of
the Collier County Fire Control District pursuant to the
requirements of paragraph two above, from taxes collected
during rise. sd 'Rear 199%1998. Payment sh~ll be calculated
from the latest tax assessment roUs available Mfty 1' of each
year of this Agreement. Available tax ravonue Is the total
funount of taxes available for flra and rescue protection
JUN 2 ½ 1998
,.'L'~_L IE~ EMEm SE~',
services after costs of'collection hav~ been deducted. Payment
is to bo paid on a quarterly basis on January 1; April 1; July 1;
and September I. Revenue and payment will be based on the
f'oilowLuf formula:
Totll ad v.~lorem revenue f~r the Collier County Fir~
Control District less colJoction fees &nd 'administrative
costs, less negotiated payment of 12.01% to the Isles of'
Capri Municipal Rescue and Fire Services Taxing
District. The East Naples Fire Control and Rescue
District, the Ochopee FiFe Control District and the
Golden Gate Fire Control and Rescue District shall each
receive 29.B~% of the rem&Jn122g b&l&nce.
Pa)'ments to the East Naples Fire Control and Rescue
District shftll be made quarterly by the COUNTY on the
following dams;
January I, April 1, July i, and September !.
4. Both parties to this Afreement hereby afree to cooperate and
participate In mutual progrLms and projects in the interest of
fire and rescue protection within the County of Collier, and
with the Fire Marshall of the State of Florida.
S. This A~eement may be terminated by eltheF party by the
sendin[ and Feceii~ of written notice of termination by the
other p~trtz, on or befoFe July I" of each fiscal year. In the
event that notice of te.~inat~on Js provided, it shall be
effective berlnntns~ on the first day of October after delivered
and received. Notice shall be considered sent and received if
delivered to and received by the Collier County Emergency
Set, ices Chief, or the Fire Chief of the F.~st Naples Fire
Control and Rescue District. Notice may be made by U.S. Mail,
return receipt requested, or by hand deliver:y.
8. All Service Afreements, and amendments thereto, between the
County and the EAb'T NAPLES FIRE CONTROL AND RESCUE
DISTRICT relatln[ to the area previously termed the Collier
County Flre Control District are hereby rescinded and
superseded.
rn WITNESS WHEREOF , the p .a~es herejt)_c]o h~reby affix
their hands and seals on this ~day ~~-.w ~ 1997.
No. ~ /~S _
JUN 2 4 J998
Attest:
Fred Johnoon,
EAST NAPLES FIRE CONTROL
AND RESCUE DLSTRIC~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form &nd / ! ; . ///f. leftl suflldenc~
Heidi Ashton
· ° Assiwtant County Attorney
p~r.~ o6
FI~SI' DqJE
m
A/4O i 'rANKE)q
m m i
I P~JMPI)q
I P~MPF. R
t TANKE~
SERVICE AGREEMENT BETWEEN THE GOLDEN GATE FIRE
CONTROL AND RESCUE DISTRICT AND THE BOARD OF COLLIER
COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CE AGREEMENT (Agreement) made this ~//~ay of
1997, by and between the BOARD (~F COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter
referred to as COUNTY), and the GOLDEN GATE FIRE CONTROL
AND RESCUE DISTRICT.
WHEREAS, pursuant to Collier Coul2ty Ordinance 84- 84, as
amended, the Board of County Commissioners created the Collier
County l~re Control Municipal Service Taxing Unit, ( hereinafter
referred to as the ".Collier County Fire Control District"); and
WHEREAS, the Collier County Fire Control District, as created by
Collier County Ordinance No. 84 = 84, as amended, include all of the
unincorporated area of Collier County, Florida, that is not included
within & dependent or independent fire control district; and
WHERKAS, the GOLDEN GATE FIRE CONTROL AND RESCUE
DISTRICT has the necessary equipment and personnel, as described
' in fire department response procedures Exhibit "A" attached hereto
and incorporated herein, to provide fire control, fire prevention and
rescue services to sub-areas of the Collier County Fire Control
District; and
WHEREAS, certain portions of the
District described above requires
m~rvlces; and
Collier County Fire Control
fire and rescue protection
WHEREAS, the parties desire to enter into this Agreement under
the authority of the Florida Intergovernmental Cooperation Act of
1969 (as amended), being Chapter 163.01,et. seq., for the purpose of
most efficiently providing fire service and rescue service to those
geographic areas and parts of the Collier County Fire Control
District which are the subject of this Agreement.
NOW, THEREFORE, in consideration of the premises and
covenants set out herein, and other valuable considerations in hand
rueeived this date. each party from the other, which is hereby
acknowledged, the parties hereto agree as follows:
1997 to September ~0, 1998, and, tberea~er,
extended year to yea.r upon the same terms anct conalt~o.ns
This Agreement may be _~_mended as to its
contained herein..
terms and conditions at ~ny time by mutusl consent of .b~..th
parties, through a writing executed with the same fo,"~ahales
as this Agreement by both parties.
The GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT
agrees to furnish fire protection and rescue services, to a
portion of the Collier County Fire Control District. The fire
department responses as described in E~Nibit "A' shall be
deemed to establish the closest station response to calls For
service in the Collier County Fire Control District. The
GOLDEN GATE · FIRE CONTROL AND RESCUE DISTRICT
shall furnish said fire protection and rescue services within a
primary son? of coverag.e within the Collier County Fire
Control Diwtrlct, as well as tn other zones of the Collier County
Fire Control District, as required by procedure, or upon the
request of the County .or of~ other C..ollier County Fire Control
District contract provsders. The Fire Chief of the GOLDEN
C. tATE FIRE CONTROL AND RESCUE DISTRICT shall, in
conjunction with the Chief of the County Department of
Emergency Services and the other agency Fire Chiefs servicing
the Collier County Fire Control District, forward to the County
& map, indicating and conflrmint each agency's primary and
secondary response zone within the Collier County Fire
Control District. Said services shall be provided in the same
manner, level and priority as the fire protection and rescue
services f~trnlshed within the regular GOLDEN GATE FIRE
CONTROL AND RESCUE DISTRICT, taldn[ into consideration
the time, distance and resource limitations of the GOLDEN
GATE FIRE CO .N~FROL AND RESCUE DISTRICT.
The COUNTY agrees to pay the GOLDEN GATE FIRE
CONTROL AND RESCUE DISTRICT for services rendered to a
portion of the Collier County Fire Control District pursuant to
the requirements of paragraph two above, from taxes collected
during Fiscal Year 19974998. Pa~ment shall be calculated
~rom tbs latest t&x assese~ent rolls available May 1" or each
~ar of this Agreement. Available t~x revenue is the total
&mount of taxes available for fife and rescue protection
sorvices after costs of oollection have been deducted. Payment
is to be paid on a quarterly basis on Januar~ 1; April 1; July 1:
and September 1. Revenue and payment will be based on the
Following formula:
Total ad valorem revenue for the Collier County Fifo
Control District less collection bee and admlnlstrativa
costs, less negotiated payment of IS.01% co the Isles or
Capri Municipal Refine and Fire Services Taxing
District. Tbs East Naples Fire Control af, d Rescue
District, the Ochopee Fire Control District and the
Golden Gate Fire Control and Rescue District shall each
receive B0.S3% of the remaining balance.
Payments to the GOLDEN GATE FIFO Control and Rescue
District droll be made qua~-terly by the COUNTY on the
January I, April 1, July I, and September 1.
4. Both parties to this Agreement hereby agree to cooperate and
participate in mutual programs and pro~iects in the interest of
fire &nd rescue protection within the County of. Collier, and
with the Fire Marshall of'the State of'Florida.
6. This Agreement may be te,,,~lnated by either party by the
oendlng and receipt of written notice of termination by the
other p~rty, on or be~oro July 1" of~ each fif~,LI year. In the
event that notice of te _r~iuation is provided. It shall be
effective beginning on the first day of October aider delivered
and received. Notice shall be considered sent and received if
delivered to and* received by the Collier County Emergency
Services Chief, or the Fire Chief of the (leiden Gate Fire
Control and Rescue District. Notice may be made by U.S. Mail,
return receipt requested, or by hand delivery.
6. All Service Agreements. and amendments thereto, between the
County and the GOLDE;~ GATE FIRE CONTROl, AND RESCUE
DISTRICT rehtinf to the area previously termed the Collier
County Fifo Control District are hereby rescinded and
In WITNESS WHEREOF , the parties here d~L~erebY af~x
their hands and seals on this~ day of___~c:~:~ 1997.
Ol
Attest:
Dated:/0-~ ~q
GOLDEN GATE FIRE CONTROL
AND RESCUE DISTRICT
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
T mo, y
Chairman
Apptoved is to form and I / I L~,/;.
lefal sufflctency:~
Assistant County Attorney
JUN 2 ~ 1998
UNKNOWN
DIVISION OF FORF~TRY
1 TANKER ANO 1
BRUSH UNIT
DIVt610~ ¢:~ FORI~TRY
I BflL~H UNIT OR 1 ENOINE
R£SCtJE UNIT
WITH WATER
8ECOI~ I;X.m
~ BRtJ~H UNIT
'1 ENGINE
I~0 I~SPONSE
NO RE3~E
1 RE~gCUE UMT NO RESPOI~E
L4RGE VEHICLE RRE
(TRUCX. RV. SE~ oR
2 ENGINES OR 1
ENGINE ANO 1 TANKER
1 COMMANDER
1 E~ OR 1 T~
t COMMANOER
UMT~ MAY BE SUBSTITUTED DUE TO TIME, D~T~ ANO RF..~RCE LJMITAI'KX~ OF THE
PMTICIPATING ~. CO~ER: ANY OFFIGER THAT H,M A~ FOR COMMANO.