Agenda 06/10/1998 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Wednesday, June 10, 1998
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (S) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIREF~ ARE AVAILABLE IN THE
COUNTY CO,~I~IlSSIONERS' OFFICE.
i. PLEDGE OF ALLEGIANCE
An Ordinance amending Ordinance Number 91-I02, as amended, the Collier County Land
Development Code, which includes the Comprehensive Zoning Regulations for the
unincorporated area of Collier County, Florida, by providing for Section One, Recitals; Section
Two, Findings of Fact; Section Three, .~ doption of Amendments to the Land Development Codc.
More specifically amending the followi~.g: Article 2, Zoning, Division 2.2. Zoning Districts,
Permitted Uses, Conditional Uses, Dimensional Standards, Division 2.4. Landscaping and
Buttering, Division 2.5. Signs; Division 2.6. Supplemental District Regulations; Article .t, 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 not limited to the
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, Inclusion in the Land Development Code; and Section Six, effective date.
3. ADJOURN
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE 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 TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLy
AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS,
DIVISION 2.4. LANDSCAPING AND BUFFERING, DMSION 2.5. SIGNS; DMSION 2.6.
SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DMSlON 3.2.
SUBDIVISIONS, DIVISION 3.3. SITE DEVELOPMENT PLANS; DMSION 3.9.
VEGETATION REMOVAL, PROTECTION AND PRESERVATION; ARTICLE 6, DIVISION
6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE 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, INCLUSION IN THE
LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend provisions of the Collier County Land Development Code.
CONSIDERATIONS:
This is the first of two public hearings required by Statute for amending the Collier County Land
Development Code. The second and final hearing is scheduled for June 24, 1998. Each of the
amendment were presented to and reviewed by the Development Services Advisory Committee,
Collier County Planning Commission and the Environmental Advisory Board where applicable.
Where an advisory body recommended re,,isions to the staff recommended LDC change this
recommendation is included in the summary description of the LDC amendment.
The Planning Commission held public hearings May 10, 1998 and May 27, 1998. They recommended
approval of the amendments except as otherwise noted on each individual amendment where
applicable. The absence of any exception noted by the CCPC means that the CCPC endorsed the
amended or staff revised the amendment to reflect the CCPC's recommendation.
FISCAL IMPACT:
Nolle.
JUN 1 0 1998
Pq. / _
GROWTH MANAGEMENT IMPACt:
All proposed amendmcnts to thc Land Development Code are consistent with Policics, Objectives and
Elements of ~¢ GMP.
STAFF RECOMMENDATION:
That the ~mmdmmt~ md draft am~ding ordinmc, e ~ .wi~h this exm'miv~ ~mmm-y, b~
~-ov~ following the ~cond public heating on J'un~ 24, 1995. '
CURRE~ PLANNING MANAGER
DATE
REVIEWED BY:
CP -
PLAN~N~SERVICES DEP~,~MENT DIRECTOR
VINC~'NT A. CAUTERO, AICP, ADM~$TRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
DATE
LDC AMEND EX SUMMARY/md
2
JUN 1. 0 1998
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC 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 platted.
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 wish to develop the property with single family residential structures as opposed to
multiple family structures.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend Section 2.2.5 as follows:
2.2.5.4.
2.2.5.4.1.
2.2.5.4.2.
Dimensional Standards: The following dimensional standards shall apply
to all permitted housing structure _types. accessory, and conditional uses in
the RMF-6 district.
Minimum Lot Area: e:.,,,~ ~:,~:~...~..~ .... .~ , .... e.,,,:~.. 4 .... m,--.
Single .Family.. ~590 ~qu~e feet exert ~ pr0vid~ at Section 2.2.5.a.7.
and 2.6.27.
Twg-Fmily... ! 2,~0 ~q~e feet exert ~ provided at Section 2.6.27.
~ee or more Dwelling Unit Structures,,, 5,5~ ~u~e feet p~ dwelling
unit exc~t as her, ig ~nh~ ~r0vided.
Minimum Lot Width:
Single Family... 60 feet
Two Family. ,,, $0 feet
3 or more ...... 100 feet
JUN 1 0 1998
"9, .3 -_.
Ill I IIII
2.2.5.4.3.
Minimum Yard Requirements (except as further provided at Section
2.6.27),
The following minimum yard requirements are in relation to platted
boundaries.
Fron~t Least Side Total Two Rear
One (Single) Family - 25 7 55 15 20
Two Unit/Family 25 I O* 20 20
3 or More Families - 30 15' 30 20
Dwelling Units
* Where fee simple_10ts are created for each dwelling unit side yards onl?,'
apply 10 the outside, wall of the principal structure within which dwelling
units are located.
2.2.5.4.7.
Development Standards for Non-Conforming Lots of Record: Th.e
r,,, ..... :"~' ~ .... ~r: .... ~ ............ '""" zonfo..~n..ing ~ .... c .... ~ ~ th
Nothing hereb contained ;hall prohibit the use of a
r_ecord for a sinRle ,family detached dwelling unit, in'es
dimensional and area measurement. Combinations of vlatted lots
of' record is otherwise _oermitted to achieve the minimgm
dimensional and area r~uirements for each housin~ structure 1~¢
as descfib~l in the foreszoin~ sections,
2.2.5. LDC AMENDMENT/RFN/m~:
JUN 1 0 'i9§8
ORIGIN: Corr~munity Development & Environmental Services
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
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-I, 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 zoning districts RMF-6, RMF-12,
RMF-16, RT and Business Park (Industrial district) where a standard of one-half the sum of the
heights of opposite walls establishes the minimum distance.
Staff is of the 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 Development Plan. Such an amendment will remove the
current level of administrative uncertainty that exists in the absence of any standard.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Mr. M. Fernandez of Planning Development Inc. advised the CCPC of his opposition to this
standard. The CCPC directed staff'to review his consideration and determine if their is an
justifiable substance to the objection. Mr. Fernandez did not offer any alternative or definitive
modification.
Amend the LDC as follows:
2.2.12.4.11.
2.2.13.4.1 I.
Distance between structures. If there is p ,,;eparatiQn bctw~
principal structur.c.s on the same par~l, ~;aid separation
Distance between structures. If there is a separation between any two
principal structures orl thc :same parcel, said separation shall bce a
minimum of 115 feet or a distance equal to 0ne-half the sum of their
heights, whichever ii; thc ~eater.
sha!l b~ a
JUN 1 0
2.2.14.4.1 I.
2.2.15.4.11.
2.2.151/2.4.11.
2.2.16.4.1 I.
minimum of 15 feet or a distance equal to one-half the sum of their
heights, whichever is the greater.
Distance between structures. If there is a separation between any two
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, whichever is the greater.
Distance between structures. If there is a separation between any two
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, whichever is the greater.
Distance between structures. If there is a separation between any two
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, whichever is the greater.
Distance between structures. If there is a separation between any two
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, whichever is the greater.
2.2.12.4. - 2.2.16.4. LDC AM ENDMENT'RFN'mrt H:MAPdE'S LDC
JUN 1 0 1998
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino, AICP
DEPARTMENT: Planning Services
LDC PAGE: 2.52
LDC SECTION: 2.2.14.4.
CHANGE: To add a provision requiring project lighting as is currently required in all
commercial and industrial zoning districts save the C-3 district.
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 IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend thc LDC as follows:
2.2.14.4.10.
Lightine. Lighting facilities shall be arranged in a manner that protects
roadways and neighboring properties from direct glare or other
interference.
2.2.14.a. LDC AMEN'DMENT/RFN/md/H:MARIE'S LDC
JUN 1 0 1998
ORIGIN: Community Development & Environmental Services
AUTHOR: Bryan 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, beauty shops and gunsmith shops in
the industrial zoning district.
REASON: The purpose of adding barber shops and beauty 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 provide a service which was historically allowed in the industrial zoning district and
was inadvertently omitted from the Collier County Land Development Code. Currently there
are six (6) gunsmith shops within the district.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
Amend the Land Development Code as follows:
Sec. 2.2.16. Industrial district (I)
2.2.16.1.
Purpose and intent. '?he purpose and intent of the industrial district (I) is
to provide lands for raanufactufing, processing, storage and warehousing,
wholesaling, and distribution. Service and commercial activities that are
related to support manufacturing, processing, storage and warehousing,
wholesaling, and distribution activities, as well as commercial uses
relating to automotive and heavy 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 County growth management plan.
2.2.16.2.
Permitted uses. The following uses, as
Industrial Classification Manual (1987),
within this section, are permitted as a
permitted uses in the industrial district (I).
identified within the Standard
or as otherwise provided for
right, or as uses acc
JUN ! 0 1998
q
2.2.16.2.1.
Permitted uses.
Agricultural services (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 fi.om a residential zoning district, 0722-0724, 0761, 0782,
0783).
2. Apparel and other finished products (groups 2311-2399).
3. Automotive repair, service, and parking (groups 7513-7549).
Barber shops (group 7241 ).
Beauty shop~ or salons {7231 ).
4,6_. Building construction (groups 1521- 1542).
Business services (groups 7312, 7313,
7389, including auction rooms (5999),
landscaping for retail use).
7319. 7334-7336, 7342°
subject to parking and
Communications (groups 4812-4899 including communications
towers up to specified heights, subject to section 2.6.35).
-%..9_. Construction - special trade contractors (groups 1711-1799).
g, 10. Depository. and nondepository institutions (groups 6011-6163).
¢.11. Eating places. (5812).
4-0,.12. Educational services (8243-8249).
~ LI 3._._:. Electronic and other electrical equipment (groups 3612-3699).
4~.14___~. Engineering, accounting, research, management and related
services (groups 8711-8748).
13.15_._:. Fabricated metal products (groups 3411-3479, 3491-3499).
14.16__: Food and kivdred products (groups 2011-2099 except sla ~
plants).
JUN 1 0 1998
15.17.
18.
Furniture and fixtures (groups 2511-2599).
Gunsmith shop~; (group 7699} with accessory shooting range for
testing and training.
16.19. Heavy construction (groups 1611-1629).
4-7.20__.:. Health services (8011 accessory to industrial activities conducted
on-site only).
i S~21, Industrial and commercial machineD' and computer equipment
(3511-3599).
4~.22,._.,. Leather and leather products (groups 3131-3199).
20,23__: Local and suburban transit (groups 4111-4173).
2t.24__: Lumber and wood products (groups 2426. 2431-2499).
22.25...~. Measuring. analyzing, and controlling instruments; photographic,
medical and optical goods: watches and clocks (groups 3812-
3873).
23~26.
Membership organizations (groups 8611, 8631).
g4.,_/__~. Miscellaneous manufacturing industries (groups 3911-3999).
g&28.
Motor freight transportation and warehousing (groups 4,.1~, 4213-
4225, 4226 except oil and gas storage, and petroleum and chemical
bulk stations).
26.29. Paper and allied products (2621-2679).
L~.30.. Personal services (groups 7211-7219).
25.317 Physical fitness facilities (7991).
~9~.32__~. Printing, publishing and allied industries (groups 2711-2796).
30.33__: Railroad transportation (4011,4013).
3!.34.__: Rubber and
3053).
miscellaneous plastics products (groups 3021. 3052,
32.35._~. Stone, clay, glass, and concrete products (groups 3221, 3251. 3253,
3255-3273, 3275, 3281).
· 3~36. Textile mill products (groups 2211-2221, 2241-2259, 2273-2289,
2297, 2298).
-3.,g. 37.__: Transportation equipment (groups 3714, 3716, 3731, 3732, 3751,
3761, 3764, 3769, 3792, 3799).
25~38. Transportation by air (groups 4512-4581 except airports and flying
fields).
Transportation services (groups 4731..4783, 4789 except
stockyards).
United States Postal Service (4311 ).
25.41. Welding repair (7692).
· 39~2. 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,
fertilizers, insecticides, and pesticides shall be a minimum of 500
feet from a residential zoning district (5192-5199).
Any other use which is comparable in nature with the foregoing
uses and is other, vise clearly consistent with the intent and purpose
statement of the district.
2.2.16.2. I. LDC AMENDMENT;BM,red, H:
JUN 1 0 1998
ORIGIN:
Current Planning Section
AUTHOR:
Ronald F. Nino, AICP, Planning Services Manager
Susan Murray. Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2:69
CHANGE:
Amend subsection 2.2.19.2.1., Permitted uses, to allow
Educational Sen'ices (groups 8211 - 8231), specifically
Elementary and Secondary Schools (8211); Colleges, Universities,
Professional Schools, and Junior Colleges (8221,8222); and
Libraries (8231 ) as permitted uses.
REASON:
To further the intent and to be consistent the future land use
element of the growth management plan and the community
facilities zoning district, which provides for institutional, public
facility type of uses designed to serve th,.: public at large
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULA'I IONS: None.
At a public hearing held on May 27, 1998. the legal representative for the Park Shore
Association argued that this amendment should not proceed at this time or Educational
Sen'ices ought to be conditionally permitted in the CF zoning district. The CCPC
recommended that this amendment be postponed for consideration in Irc second annual
amendment cycle.
Amend the Land Development Code as follows:
Sec. 2.2.19. CommuniD' facility diss:rict (CF).
2.2.19.1. Purpose and intent.
2.2.19.2. Permitted uses. The following uses are permitted as of right, or as uses
accessory to permitted uses, in the community facility district (CF).
2.2.19.2.1. Permitted uses.
1. Child care centers.
2. Churches and houses of worship.
,JUN 1 0 1998
Civic and cultural facilities.
Museums.
Nursing homes, assisted living facilities (ALF) pursuant :o
s 400.402 F.S. and ch. 58A-5 F.A.C., family care facilities, group
care facilities (category I) and continuing 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, private and parochial schools.
Social and fraternal organizations.
Educational services (~rour~s 8211 - 8231 ).
JUN 1 0 1998
ORIGIN: Community Development & Environmental Services
AUTHOR: Stephen Lenberger, Environmental Specialist II
Barbara Cacchione, Comprehensive Planning Manager
DEPARTMENT: Planning sen'ices
LDC PAGE: LDC2:92
LDC SECTION: 2.2.24.3.2.
CHANGE: Add agricultural use exemptions to the land development code for development
standards and regulations for ACSC-ST.
REASON: Proposed revisions to the land development code for consistency with Board of
County Commission changes to the Growth Management Plan.
FISCAL & OPERATIONAL IMPACTS: Approval of this amendment will have no fiscal
impact on the County.
RELATED CODES OR REGULATIONS: None affected.
Development standards and regulations for ACSC-ST. All development orders
issued within the ACSC-ST area shall comply with er be mere r~:.":.c:i':e :nan
chapter 28-25, Florida Administrative Code, as amended, Boundary and
Regulations for the Big Cypress Area of Critical State Concern, as ~
included below-:.
All development orders iss!ted for proiects within the Big Cypress Area of(~ritical
State Concern shall be tr~mitted to the State of Florida Department of
Community Affairs for review with the potential for appeal to the administration
commission pursuant to Cb. apter 9J-1, Florida Administrative Code, Development
Order Requirements for Areas of C'fitical State q;oncern.
1. Site alteration.
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 area. However, a minimum of 2,500 square
feet may be altered on any permitted site.
JUN 3. 0 1998
adju:te~ for :he :!terafion acfi'':':~-
bit
nativeha at
An>' 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 oflhe
area.
.5oils 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
substantial'.v completed within 180 days £ollowing completion ora
development. Revegetation shall be accomplished v,,ith preexisting
species except that undesirable exotic species shall not be replanted
or propagated. Exotic species included are listed below.
Australian pine
Bishopwood
Brazilian peFper
Melaleuca
Downy rosemyrtle
Earleaf acacia
Catclaw mimosa
Java plum
(Casuarina spp.)
(Bischofia javanica)
(Schinus terebinthifolius}
(Melaleuca spp.)
(Rhodomyrtus tomentosa}
(Acacia auriculifonnis)
(Mimosa pigra)
(Syzygium cumini)
No mangrove trees or salt marsh grasses shall be destroyed or
other,vise altered. Plants specifically protected by this regulation
include: all wetland plants listed by 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 ali~
substantially in the direction of local surface water flows:
-~ed
nd shall
JUN 1 0 1998
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 ofstormwaters as sheet flow from the
downstream end into unaltered areas of vegetation. Access roads
to and between fill areas shall provide for the passage ofwater in a
manner approximating the natural flow 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 any portion of the
estuarine zone.
Manmade lakes, ponds or other containment works shall be
constructed with a maximum slope of 30 degrees to a depth of six
feet of water. When mineral extraction is completed in new
quarrying lakes, shoreline sloping, planting of littoral shelves with
nursery-grown 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 any 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.
§ 380.03 I, as amended, to develop an)' existing quarrying lake
area. these regulations shall apply.
Finger canz'ls shall not be constructed in the ACSC-ST area.
This rule shall not apply to site alterations undertaken in
connection with the aericultural use of land or for the conversion
of land to agricultural use.
Drainage.
Existing drai,~age facilities shall not be modified so as to discharge
water to any 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[bi immediately follov,'ing; however, modifications
may be made to existing facilities that will raise the groundwater
table or limit saltwater intrusion.
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 flow area.
New drainag,: facilities shall also maintain a groundwater level .o
sufficient to protect wetland vegetation through the use of,~veir~ or
dU~l 1 0 1995
Pg. /q
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 estuafine area.
Co
New drainage facilities shall not discharge water into any coastal
waters whether directly or through existing drainage facilities.
do
This rule shall not apply to drainage facilities modified or
constructed in order to use land for a_~7'icultural purposes or to
convert land to such use.
o
Transportation
ao
Transportation facilities which would retain, divert or otherwise
block surface water flows shall provide for the reestablishment of
sheet flow through the use of interceptor spreader systems or
performance equivalent structures and shall provide for the
passage of stream, strand, or slough waters through the use of
bridges, culverts, piling construction or performance equivalent
structures or systems.
bo
Transportation facilities shall be constructed parallel to the local
surface flow. and shall maintain a historic ground level sufficient
to protect wetland vegetation throu~,.", the use of weirs or
performance equivalent structures or systems and as feasible, the
flows in such works shall be released to natural retention filtration
and flows areas.
Transportation facility construction sites shall provide for siltation
and runoff control through the use of settling ponds, soil fixing or
performance equivalent structures c,r systems.
Structure installation
Placement of structures shall be accomplished in a manner that will
not adversely affect surface water flow or tidal action.
bo
Minimum low 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
any structure shall meet additional federal flood insurance land
management and use criteria, 24 CFR 1910, as amended, as
administered by the appropriate local agency.
JUN 1 0 1998
This role ~;h.all rlc?t appJy to stmct~r~:s used or intended for use in
connection with the agricultural use of the land.
2.2.24.3.2. LDC AMENDMENT/SL/md/H:MAPdE'S LDC
Li,..JUN 1 0 1998
/¢
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 s~tion of the land development
code for administrative approval by the development services director for oil and gas surveys and
testing with 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 will allow the development services 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 & OPERATION,~L IMPACTS: The proposed amendment will save stafftime in
preparing staff reports 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.
2.2.24.8. Exceptions.
Where land has }~n ST designation and the proposed alteration or
development area ::ontains 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 following conditions exist:
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 site
or site development plan will not require any
modification of topography, drainage, flora, or fauna on
alteration
he site, or
JUN 1 0 1998
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 management ben'ns and structures (for the protection and/or
enhancement of ST areas) which are of the minimum dimensions
approved by the South Florida Water Management District.
Oil and gas geophysical surveys 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
cutting of vegetation for surveys and equipment entry_, drill holes not
exceeding six inches in diameter and rutting associated with vehicle
access. Trimming of vegetation for access routes shall be kept to the
minimum width necessary for surve~,4ng and testing. The site shall be
restored as required by federal, state and county permits within 90 days of
thc staff of the project.
All other site alteration or :itc development plan approvals of any size shall be as
required in sections 2.2.2~ 4.2.2.24.5, and 2.2.24.6.
2.2.24.8. LDC AMENDMENT,'SI.'mcHd:MARIE'$ LDC
JUN 1 0 1998
ORIGIN: Comprehensive Planning
AUTHOR: Michele R. Mosca, Planner I
Brian Milk, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: 2:114.40-2:114.46 and 2:135-2:137
LDC SECTION: 2.2.28., 2.2.29., and 2.2.23.
CHANGE
Section 2.2.28. will become "The Immokalee Overlay District." Sections 2.2.28,
2.2.29, and 2.3.23 as exist presently within the Land Development
Code, will become overlay sub-districts within the Immokalee Overlay District.
Two additional sub-districts, the "Farm Market Overlay Sub-District" and the
"Agribusiness Overlay Sub-District" will be created with development standards
designed to address land use needs within their defined boundaries.
REASON:
To create 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 of this rural farming community.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
Amend the Land Development Code as follows:
Delete Sections 2.2.28 and 2.2.29 and 2.2.23 and rename section 2.2.28 of the Land Development
Code.
2.2.28.
2.2.2~.2.
2.2.2S.3.1.
2.2.2S.3.3.
2.2.25.3.,1.
2.2.2S.3.5.
adjoining de:'e!o?r.:en',s shall
2.2.28.2.6.
2
N=~
JUN I 0 1~ ~
I
/
2.2.29.2.
2.2.2~).3.1.
2.2.29.B.1.t.
maximum ^r .....
undue hardshiP.
~ prc:'id~ ct. Jeffer-~n Aa'eh'a: for al! ccmmercia!
JUN 1 0 1998
dUN I 0 1~8
2.3,23.2.3.
JUN 1 0 1998
JUN 1 0 19
Sec. 2.2.28. lmmokalee Overlay District
2.2.28.1.
Purpose and Intent: To create the Immokalee Overlay District with
distinct sub-districts for the purPose of es. tal;)lishing development
criteria suitable for the unique land tase need, of the Immokalee
Communi _ty,
2.2.28.2
Geographic boundaries: The boundaries of the l[mmokale, Overlay
District are delineated on Map 1 I~etow,
MAP I
IMMOKALEE OVERLAY DISTRICT
!
JUN 1 0 1998
2.2.28.3.
State Road 29 Commercial Sub-District; special conditions for th,-
pronerties abutting SR-29, as identified on the Immokalee Are.,
Master Plan; refergnced on Map 2; and further identified by th(.
desiR'natiola "SR29COSD" on the armlicable official (~ollier County
Zoning Atlas Maps. --
29 COMMERCIAL
Map 2
OVERLAY
8UiI-DIIt'rRiCT
(8R29COSD)
23.28.3.1.
Purpose and intent: The purpose of this designation is to provide fo,
retail, office, transient lodging facilitie;~ and highway commercial use:.
that serve the need, of the travelimz public. These commercial use:.
must be located on a major arterial or collector rgadway. Th,
provisions of this sub-district are intended tO provide an increase, I
commercial depth along SR-29 with development standards that will
.en,ure coordinated access and appropriate landscaping and bult~orm~
.compatible with nearby residential properties.
JUN 1 0 19~
9
2.2.28.3.2.
Applicabiliq': These regulations apply to the commercial district
along SR-29 as identified on the Immokalee Future Land Use Map.
2.2.28.3.3.
Development criteria: The following standards shall apply to all uses
in this overlay sub-district.
2.2.28.3.3.1.
Access points to ~;R-29 ~hall comply with Florida State Department
of Transportation permitting regulations. Parcels that do have a
.minim.urn of 440-feet of street frontage shall provide access off
.existing adiacent roadways, when po~;sible, and should not access to
SR-29.
2.2.28.3.3.2.
Owners of lots or combinations of lots having less than the required
street frontage may petition the board of zoning appeals for a variance
from the standard in this sub-district as will not be contrary to the
public interest when owing to special conditions peculiar to the
property, a literal enforcement of these standards would result in
unnecessary and undue hardship.
2.2.28.3.4.
Shared park;ne arrangements between adjoining developments shall
be encouraged.
2.2.28.3.5.
Deceleration and acceleration lanes shall be provided.
2.2.28.3.6.
Pedestrian troffic shall be encouraged by providing sidewalks. Thc
location of these sidewalks shall b:: coordinated with adjacent
projects.
Buildinus shall be set back from SR-29 a minimum of 25 fee~ and
from the rear lot line a minimum of 25 feet.
2.2.28.3.8.
Projects shall p:ovide a ten-foot Type A landscape buffer as described
in section 2.4 between vehicular fights-of-way with required
sidewalks and adjacent residential development. Adjacent
commercial proiects shall,provide coordinated landscape plans.
2.2.28.3.9.
An area equal to a minimum of ~'o and one-half percent of the total
interior vehicular use area shall be landscaped to provide visual relief,
2.2.28.3.10.
Buildings shall have a maximum height of 50 feet,
2.2.28.4
Jefferson Avenue Commercial Overlay Sub-District; special
conditions for the properties abutting Jefferson Avenue as
on the lmmok~:lee Area Master Plan; referenced on Ma~ 3;
/ JUN I 0 1~98
further identified by the designation "JA(~OSD" on the applicable
official Collier t~ott~, ty Zoning Atlas Maps,
Map 3
JEFFERSON AVENUE COMMERCIAL OVERLAY SUB-DISTRICT (JACOSD)
ll
JUN 1 0 1998~
2.2.28.4.1.
Purpose and intent: The purpose of this designation is to provide for
retail, office, transient lodging facilities and highway commercial uses
that serve the needs of the traveling public. These commercial uses
must be located on a major medal or collector roadway. The
provisions of this sub-district are intended to provide an increased
commercial opportunity along Jefferson Avenue with development
standards that will ensure coordinated access and appropriate
landscaping and buffering to be compatible with nearby residential
properties.
2.2.28.4.2.
Applicabiliq': These regulations apply to the commercial district
alonR Jefferson Avenue as identified on the Immokalee Future Land
Use Map..
2.2.28.4.3.
Development criteria: The following standards shall apply to all uses
in this overlay sub-district.
2.2.28.4.3.1.
Access points for future commercial development shall be limited to a
maximum of one per 150 feet of street frontage. Properties with less
than the required street frontage, shall be encouraged to utilize shared
access points with adjoining commercial development.
2.2.28.4.3.2.
Owners of lot.~ or combination of lots having less than the 150-foot of
required frontage may petition the board of zoning appeals for a
variance from the standard in this sub-district as will not be contras'
to the public interest ,,,,'hen owing to special conditions peculiar to thc
property, 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
projects.
Provisions fo,' shared parking arrangements with adioining
developments shall be encoura~;e&
2.2.28.4.6.
Commercial buildings shall be set back from Jefferson Avenue a
minimum of 25 feet.
Commercial building shall have a maximum height of 50 feet
excluding ten feet for under-building parking.
2.2.28.5.
Farm Market Overlay Sub-District; ~;pecial conditions for'
properties identified on Map 4; and further identified by f
12
he ~
JUN 1 0 1:398
designation "FMOSD" on the applicable official Collier County
Zoning Atlas Maps.
2.2.28.5.1.
P,rpose and intent: The purpose of this designation is to provide for
wholesale and retail uses, outdoor agricultural product displays and
sales areas, truck parking, and packing houses and associated uses.
The provisions of this sub-district are intended to provide retail and
wholesale opportunities for agricultural businesses as well as provide
truck parking for aFicultural sales but not within roadways and rights
of way. The development standards contained herein have been
desired to enhance and encourage development and redevelopment.
2.2.28.5.2.
.4pplicability: These regulations apply to the Farm Market Overlay
Sub-district as identified on Map 4.
Map..Zt
FARM
MARKET OVERLAY SUB-DISTRICT (FMOSD)
2.2.28.5.3.
Pern, itted ldse~: Ali permitted uses within the underlyin~
.districts, and the following uses, as identified in the
13
zonine
tan~]~4 1 0 1991
Industrial Classification Manual (1987), are permitted as a fight in
this sub-district.
1. Agricultural Services (0723)
2. Wholesale Trade (5148)
3. Agricultural Outdoor Sales
Permitted subject to the following provisions:
1. Outdoor sales of agricultural products are permitted o__.n
improved or unimproved properties provided the ,applicant submits
2. site development plan which demonstrates that provisions
will be made to adequately address the following:
a. Vehicular and pedestrian traffic safety
measures.
b. Parking for undeveloped properties will be
calculated at a rate of !/250 square feet of
merchandise area. A maximum often percent of
the parking required by division 2.3 of this code
may be occupied or othe~'ise rendered unusable by
the placement of temporarv structures,
equipment, signs, and merchandise. The
minimum number ofdisabled pz:l(ing spaces
pursuant to division 2.3 shall be required.
c. Limited hours of operation.
d. Fencing., lighting.
e. Fire protection measures.
f. Sanitary facilities.
2. The a~licant shall provide a notarized letter from
the propr.rty owner granting permission to utilize
the subi,:;~.t property for agricultural outdoor sales.
3. The placement of one sign, a maximum of 32 sq.
feet, or two such signs for properties containing
more than one street frontage s. hall be permitted.
4. Agricultural products may be sold from a vehicle
provided that the vehicle is not located in the road
right of way.
A minimum 5-foot landscape buffer shall be
required adjacent to any road fights of way.
2.2.28.5.4.
Accessory uses:
14
,JUN 1 0 1998
Uses and structures that are accessory and incidental to
the permitted uses.
2.2.28.5.5.
Dimensional Standards: As found within section 2.2.157i.4.,
Dimensional Standards, of this Code, except as noted below:
a. Minimum floor area. 500 square feet gross floor area for
permitted principal agricultural structures.
2.2.28.5.6.
Commercial Design Guidelines: Subject to provisions of Division
.2,8., Architectural and Site Desi~ Standards for Commercial
Buildings and Proiects. of this Code, except as noted below:
a. The following uses, as identified in the Standard Industrial
Classification 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.
1. Agricultural Se~'ices (0723)
2. Wholesale Trade (5148)
3. ,&er/cultural Outdoor Sa!es,
2.2.28.5.7.
Lamtscaping and Buffering: Subject t0 provisions of Division 2.4.
2.2.28.5.8.
Merchandise Storage and Display: As found within section
2.2.15!4.5.. of this Code, except as noted below:
a. A~ri:ultural products may be displayed within any fronl
yard provided it does not adversely affect pedestrian or
vehicular traffic or public health or safety and is not located
within the road rie;hts of v,,av.
2.2.28.6.
Agribusiness Overlay Sub-Districtl special conditions for the
properties identified on Map 5; and further identified t the,
.d..esignation "AOSD" on the applicable official Collier ~
Zoninq Atlas Maps.
15
JUN 1 0
1998
2.2.28.6.1.
purpose and intent: The purpose of this designation is tO provide for
whole,ale ul~es .and agricultural vackine houses and associated uses.
The providons o.f t.~l~ sub-district ar, ilntcnded to provide additional
lands for agricultural related businesses and expansion oppormniti,s
fgr existing agril;)u~illcSs. The develgplmcnt standards contained
herein have been designed to permit consistent land uses within the
A0$D boundary.
2.2.28.6.2.
4pplicability: These regulations apply to the Agribusiness overlay
sub-district as identified on Map 5.
Map 5
AGRIBU~,$NESt"~ OVERLAY SUB-DISTRICT ('AOSD)
!
I
16
JUN 1 0 998
Pg' ~_~_7
2.2.28.6.3.
Permitted Uses: All permitted uses within the underlying zonin~
districts, and the following uses, as identified in the Standard
~jfication Manual (1987), are permitted as a right in_
this sub-district.
Agricultural Services (0723)
Wholesale Trade (5148)
2.2.28.6.4.
Accessor3, uses:
1. Uses and structures that are accessory and incidental to
the permitted uses.
2.2.28.6.5.
Dimensional Standards: As found within section 2.2.15½.4,
Dimensional Standards of this Code.
2.2.28.6.6.
Commercial Design Guidelines: Subject to provisions of Divisioi;
.2.8, Architectural and Site Design Standards for (~ommercial
B uildin.~s and Proiects, of this Code, except as noted below.'.
a. The following uses, as identified in the Standard Industrial
..Classification Manual (1987), are exe:'npt from the provisions set
forth in Division 2,8. of the Architectural and Site Design Standards
..for Commercial Buildings a.nd Projects.
1. Agricultural Services (0723)
Wholesale Trade (5148)
2.2.28.6.7.
Landscapin£ and Buffering: Subject to provisions of Division 2.4.
2.2.28.7.
Standards for parkilag within the Immokalee Central Business Sub-
District.
2.2.28.7.I.
Primary area. Lotl;, parcels, or uses which have frontage on West
Main Street ($R 219) or First Street (eR 846) shall comprise the
primary areas.
2.2.28.7.!.1.
Existing uses. Uses in existence as of the effective date of this q:0de
.are exempt frgm the rnjpimum parking requirement, ~ ~et forth Jn
section 2.3.16 except that existing uses shall not reduce the number of
spaces below that which is proviqled as of the effective date of lhjs
code.
2.2.28.7.1.2.
Expansion. The expansion of any use shall require parking ,at 50
percent of the minimum requirement as set forth in section 2.3.16, for
the expansion 0nly.
2.2.28.7.1.3.
Change in existing use. A change of any use shall be exempt from
the minimum parking requirements as set forth in section 2.3.16 up to
an intensity level of one parking space per 100 square feet. A change
of use to an intensity of greater that [than] one space per 100 square
feet shall require parking at one parking space per 150 square feet.
2.2.28.7.1.4.
Uses in ne~v buildines. Any use in a building constructed after the
effective date of this code will be required to provide parking at 50
percent of!~he minimum requirement as Set forth in section 2.3.16.
2.2.28.7.2.
Secondary area, LOTS, parcels, or use~; which do not have frontage on
Main Street or First Street shall comprise the secondary area.
2.2.28.7.2.1.
Existing uses. ;v~se$ in existence as ofl;he effective date of this code
are exempt from the minimum parking requirements as set forth in
section 2.3.16 e,x¢~t ,that existing uses shall not reduce the number of
spaces below that which i,s provided as of the effective date of this
code.
2.2.28.7.2.2.
Expansion. The exp~sion of any use shall require an addition to any
parki ,rig of the mini,mum number of required spaces as set forth under
section 2.3.16, for the expimsion only
2.2.28.7.2.3.
Change in existine use. A ch~ge Of ~Y ~se shall be exempt from
the minimum pt-rkin~ requirements as set forth in section
an imensitv level of one parkin_e.space per 100 souare feel. A
of use to an int~.m.s, itv re'eater than one parkin~t mace p~ 100 square
18/ ,JUN 1 0 1998
feet shall require parking at 50 percent of the minimum requirement
as set forth under section 2.31.6. No change in use shall allow for a
reduction of the current number of parking spaces provided.
2.2.28.7.2.4.
Uses in new buildings. Any use in a building constructed after the
effective date of this code will be required to provide parking at 67
percent of the minimum requirement as set forth in section 2.3.16.
2.2.28.7.3.
2.2.28.7.4.
O['['-site parking agreements. In no way shall the provisions of the
Immokalee central business sub-district (ICBSD) be construed so as
to prevent establishments within the boundaries from taking
advantage of off-site parking arrangements as set forth in section
2.3.4.11. Furthermore, the maximum distances set forth in section
2.3.4.11 shall be increased to 600 feet within the boundaries of the
ICBSD. Properties within the ICBSD entering into off-site parking
agreements with properties outside the ICBSD may utilize the 600-
foot rule.
Boundaries of the district. The physical limits of the Immokalee
central business district (ICBSD) are as shown on the official zoning
atlas map of the subjec, t..area, and as described below:
Beginning at the intersection of First Street and Third Avenue the
ICBSD boundary proceeds westerly alone the centerline of Third
Avenue to its intersection with North fifth Street to its intersection
with Second Avenue, then westerly along the centerline of Second
Avenue to the northerly extension of the east line of Lot 33, Block A,
Joyce Park Subdivision; then southerly along said lot line to the
southeast corner of said lot, then westerly along the south lot line of
Lots 33, 34 and 35 to the southwest corner of Lot 35, then northerlv
along the western lot line of Lot 35 to the centerline of Second
Avenue, then westerly to the centerline of North Ninth Street, then
southerly to tl;e westerly extension of the north lot line of Lot 12,
Block 6, Carson's Subdivision, then easterly, northerly and easterly
with the north lot line of Lot 12 and continuing easterly to the
northeast corner of Lot 6, Block 4, Carson's Subdivision, then
southerly to the centerline of Boston Avenue, then easterly to the
centerline of Fourth Street South, then southerly to the western
extension of the south lot line of Lot 5, Block 9, Carson's Addition
Subdivision, then easterly to the centerline of Third Street South, then
southerly to the centerline of Colorado Avenue, then easterly tot he
centerline of Second Street South, then southerly to the centerline of
Eustis Avenue, then easterly to the southern exten: ;,',- ~c o~ ....
centerline of Yahmey Street to the centerline of Delaw [re
then westerly to the southern extension of the east lot lin of Lot 14,
JUN 1 0 1998
,
Block 1. Mainline Subdivision. then northerly to. the centerline of'
Rose Avenue. then westerly tO the centerline of' South First Street,
then northerly to the ~int ofbefinning=
2o
,/UN 1 0 1998
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
Current Planning Section
Ronald F. Nino, AICP, Planning Services Manager
Susan Murray, Principal Planner
Bryan Milk, Principal Planner
Nancy Siernion, Landscape Architect
Planning Services
LDC2:152.2
CHANGE: Amend Table 2.4, Table of Buffer Requirements by Land Use
Classificatio.ns., 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 service stations as a result of amendments to Section
2.6.28. Automobile Service Stations.
FISCAL & OPERATIONAL IMPACTS:
None.
RELATED CODES OR REGULATIONS: None.
Amend the Land Development Code as follows:
Section 2.4.7. Minimum landscape buffering and screening between uses.
JUN 1 0 1998~
JUN 1 0 1998
ORIGIN: Community Development & Environmental Services
AUTHOR: Nancy L. Siemion, Landscape Architect
DEPARTMENT: Planning Services
LDC PAGE: Page 2.152.3
LDC SECTION: 2.4.7.5.
CHANGE: Amend Section 2.4.7.5."Collier County Streetscape Master Plan"
REASON: To clarify the intent of the Collier County 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 County.
RELATED CODES OR REGULATIONS: None.
Amend the LDC as follows:
Sec. 2.4.7. Minimum landscape buffering and screening between uses.
2.4.7.5.
('oilier Count)' Streetscape Master Plan. Street corridors identified in
Collier Naplescape 90's Streetscape Master Plan, including areas within
the fight-of-way and on required buffers adjacent to the right-of-way,
shall adhere to the requirements of the Collier Naplescape 90's Streetscape
Master Plan.
nls/f/1998 doc's/LDC 2.4.7.5/3-17-98
Notwithstanding t.h.e above, for required landscape buffers adjacent to any
right-of-way, the recmirernents of the q?ollier Naplescape 90's Streetscape
Master Plan shall apply at the time of any related subsequent development
order including consa'uction plans attendant to the approval of a final plat
and or a Final Site Development Plan. Where there is disagreement as to
the application of said Streetscape Master Plan standards and
requirements, an official interpretation of the planning Services Director
pursuant to Se~tiop 1.6.1 of the q?ollier q?oupty Land Development Gq>de
ma5, be requested. Furthm'. the interpretation of the plannin_u Services
Director may be appealed to the Board of Zoning Appeals as prescribed by
Section 1.6.6 of the Land Development Code.
JUN ! 0 1998
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGES:
LDC SECTIONS:
CHANGE:
Current Planning
Chahram Badamtchian
Planning Services
2:155
2.5.5.16
Staff is proposing to add boundary marker signs for large
residential projects.
REASON: Large residential projects with limited or no egress and ingress to
a major arterial or collector road abutting the project may not have
any signs identifying the project on that road.
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:
On-premises signs within residential districts. Tow ground or wall residential
entrance or gate signs may be located at each entrance to a multi-family, single-
family, mobile-home or recreational vehicle park subject to the following
requirements.
Such signs shall contain only the name of the subdivision, the insignia or
motto of the development and shall not contain promot!onal or sales material.
Said signs shall maintain a 15-foot setback from any property line unless
placed on a fence or wall subject to the restriction set forth in section 2.6.11.
The ground or wall signs shall not exceed a combined area of 64 square feet,
and shall not exceed the height or length of the wall or gate upon which it is
located.
signs shall not ex(;:eed 32 square feet each and shall not contain ar
promotional or sales material.
In addition, developments with an area of 45 acres or more are entitled to
three boundary marker ground or wall signs, provided that there is a 3.00 feet
separation between any two boundary marker signs or a boundary marker
.siqn and an entrance sign to the development. The area of boundary marker
JUN I 0 1998
Origin:
AUTHOR:
LDC PAGE: 2:167
LDC SECTION:
Current Planning
Chahram Badamtchian
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. ~lnflatable signs.
JUN 1_ 0 1:':
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.
'¸0
Amendment to the LDC as follows:
2.5.12.4.6. Two blueprints or ink drawings, certified by a Flodda registered
engineer or a Florida registered 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.
JUN 1 0 1998
DATE:
March 26, 1998
ORIGIN:
Current Planning Section
AUTHOR:
Ronald F. Nino, AICP, Current Planning Manager
Susan Murray, Principal Planner
DEPARTMENT: Planning Services
LDC PAGE: LDC2:174
CHANGE:
Amend Section 2.6.4.2, Subsections 1 and 2, of the LDC, to
specifically eliminate the words "or a final development order" and
to allow administrative approval of'a~r-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.
REASON:
Amending Subsection 1 to allow for 6 inches rather than 2.5 inches
will provide a reasonable and easily me~.:'urable margin oferror
necessitating administrative relief due to conditions associated with
lhe land, structure, or human error.
The language "o7 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 County has issued a building permit) have
become a common and relatively inexpensive ,,,,ay 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 d~ not comply with current requirements
(developed under previous land development code requirements)
or for other unanticipated reasons.
FISCAL & OPERATIONAL IMPACTS:
None.
RELATED CODES OR REGULATIONS:
None.
JUN 1 0 1998
2.6.4.2.
2.6.4.2.1.
Minor after-the-fact yard encroachments.
Minor after-the-fact yard encroachments may be approved
administratively by the development services director. For the purposes of
this subsection, minor yard encroachments shall be divided into two
classifications:
Structures for which a certificate ofoccupancy er a final
develepment er~er has not been granted. The development
services director may administratively approve minor after-the-fact
yard encroachments of up to 2.$ 5_ percent of the required yard, not
to exceed a maximum of 2.5 6 inches.
Structures for which a certificate of occupancy er a final
· -,~-~.vv...~...'4 .... ~ .... ' v.,.,..'-"~' has been granted. The development services
director may 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.
JU~I 1 0 19~8
Pg.
ORIGIN: Department of Revenue
AUTHOR: Ross Gochenaur
DEPARTMENT: Planning Services
LDC PAGE: 2:186
LDC SECTION: 2.6.15.
CHANGE: To amend the provisions of Section 2.6.15. for the purpose of establishing
minimum internal dimensions for solid waste bulk container (dumpier) enclosures, and to
provide guidelines which will allow waste removal vehicles to ~at'dy enter, exit, and maneuver to
access the container.
REASON: The Department of Revenue has advised that there currently are no minimum
dimensional standards for durnpster enclosures, resulting in damage to some enclosures by Waste
Management vehicles attempting to access the container. This lack of dimensional standards has
also resulted 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 & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: Ordinance Number 90-30 as amended
Amend the Land Development Code as follows:
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 t:ulk container service (garbage dumpsters) for all
commercial establishments and multi-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 pickup 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 permitted below.
2.6.15.1.
Screening. All trash or recycle receptacles shall be located
easily accessible to the residents and the solid waste hauler a
screened on at leas: three sides to prevent visibility of co:
~d sh~ll~ __.
taine by
JUN 10 1998"'"
,.5'0 ._-
2.6.15.1.1
2.6.15.1.2.
2.6.15.1.3.
2.6.15.2.
2.6.15.~.3~
neighboring property owners and from adjacent streets at the first floor
lc.ye!, exce.pt as provided for in section 2.6.15.1.3. _Enclosures shall have
minimum internal dimensions of 12 feet by 12 feet square. If equipped
.with gates, the clear opening dimension shall be a minimum of 12 feet and
t~he gates must be equipped with a device to hold them open~.
The following structures may be used for screening as required above:
a. Wood fence.
bo
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 limitations for
fences provided there is no obstruction of vision of adjacent streets.
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 are not located within front
yards; rural agricultural districts (A) in conjunction with a bona fide
agricultural use on garcels conforming to the required minimum lot size in
the district; and during construction in all other districts.
Access. The access approach to the container should be sufficient to
accommodate a vehicle requiting a minimum clear width of 8 feet anti
minimum clear turning radius orS0 feet. Containers and enclosures shali
..be placed such that the acc.essing vehicles are not required to maneuver i]~
.the adjacent travel lanes of any street. Provision shall be made to allow
for a forward travel E_ath for these vehicles where possible. When backin~
maneuvers are requb_ed to t~ermit the vehicle to exit from the dumpste~
provision shall be made to t~rovide an apron at least 8 feet wide and 50 feel
in length adjacent to t'ae container as herein illustrated.
Minimum 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 following locational
restrictions:
ao
Solid waste bulk containers (garbage dumpsters) shall be permitted
in all zoning districts.
Iqo. ~
JUN 1 0 ~998
2.6.15.g~4_.
Solid waste bulk containers may be located within a required yard
provided they do not encroach into a required landscape area, and
further provide that there be no blockage of the view of motorists
or pedestrians so as to constitute a hazard.
In the case of multi-family developments containing more than one
structure, no solid waste bulk container (garbage dumpster) shall
be located greater than 500 feet from the structure it is intended to
serve.
Exceptions. The site development review director, or his designee, may
allow the following exceptions to the above requirements.
Solid waste bulk containers (dumpsters) may be substituted by individual
solid waste disposal service (unit by unit curbside pick-up) subject to the
following:
ao
bo
In the case of individually owned multi-family dwelling units
(condominiums), individual (curbside) solid waste disposal service
may be substituted for the required bulk containers (dumpsters)
upon documentation that the subject unit or condominium
association, having been turned over from the developer to the
residents, has voted in the majority to eliminate the usc of
dumpsters in favor of individual curbside service for all or part of
particular development, subject to accemance from both the Collier
County Solid Waste Departmeni and the 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 the residential structure,
such as a carport 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
County Solid Waste Department and the waste hauler.
2.6.15. LDC AMENDMENT/RG/md/H:
JUN 1 0 1998
, .0.. 5A J
I
_ DUmPster .'
NOTE:
Opening.must be 12' wide
PLAN VI'E.W
Optional Gates
Drop Pins
FRONT VIEW
JUN 1 0 1998
ORIGIN:
AUTHOR:
Current Planning Section
Ronald F. Nino, AICP, Planning Services Manager
Bryan Milk, ChiefPlarmer
Susan Murray, Principal Planner
Nancy Siemion, Landscape Architect
DEPARTMENT: Planning Services
LDC PAGE:
LDC2:201-204
CHANGE:
Repeal Section 2.6.28 Automobile Sexvice Stations and replace
with more specific regulations which apply to the location, layout,
operation, landscaping, parking and permitted 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
services such as gasoline purchase, convenience shopping, light
auto repair, facilities to travelers such as food, restroom, water and
air.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
1. The CCPC and staffhave differing opinions with regard to the methodology used
to measure the required 500-foot separation boundary surrounding existing
automobile service stations. Subsection 2.6.28.1.(4) Separation requirements,
describes the boundary and is the language recommended by the CCPC.
Staff's recommendation is to allow the line of measurement to extend a total
uninterrupted distance of 500 ~Teet, shortest airline measurement, between the
nearest points on any lot or parcel of land to be occupied for automobile service
stations and any lot or parcel which is occupied by an automobile service station,
or for which a building permit has been issued. This is the same measurement
methodology currently utilized for locational restrictions for uses involving
intoxicating beverages.
However, the CCPC's recommendation departs fi.om staffs recommendation, in
that the line ofmeasurement (the required 500 foot separation) shall not cross a 4..
lane or greater arterial or collector road, rather, shall foIlow a linear measurement
along the road frontage. ^GE~,~'~
The significant difference between the language as currently drafted
recommendation is that the c~trrent language will allow automol:
nd,f ! 0 1998
le service
'I
stations to be located across the street from one mother, regardless of the distance
between the properties, provided the dividing street is a 4-1ane arterial or
collector. Staff's recommendation will create a complete 500-foot separation
between existing and proposed automobile service stations.
Amend the Land Development Code as follows:
JUN 1 0 1998
2.6.2~.12,
2.6.25.1~.
or. oo 15,
JUN 10 1998 /
8=.
I0.
11;
12.
lA
15;
1/.
..... ~ .... ., w:nng rep::rc,
...... ~ ..................................... pad~.
~csss~,9' c. nd im:!dcnt~! t~ :he Ffir. c!p:! 5usi.".sss ep:r:tlo~
~n,~,;.g .... ;~ ,~--,~ ...;,~:. ~n ~.., sf~ · ~"~-' fight ~f
.............................. way
............... --. any. ...........
ms.;cs --~.u.,..:..., ...,4 bcd)' ..... t. :tr:[ght:n~ng .c ~. _
NO. ~
~:,Ji~N 1 0 1998
-5'7
17.
19
Sec. 2.6.28. Automobile Ser~,ice Stations.
The following regulations apply to the location, layout, drainage, operation, fencinF
landscaping, parking, architectural features, and permitted sales and service activities of
automobile service stations which includes convenience grocery stores selling motor
fuels:
Purpose and bltent. The purpose of this section is to ensure that automobile service
stations do not adversely impact adjacent land uses, especially reside: ial land uses. The
high levels of traffic, glare, and intensity of use associated with service stations,
particularly those open twenty-four hours, may be incompatible with surrounding uses,
.especially residential uses. Therefore, in the interest of protecting the health, safety and
general welfare of the public, the following regulations shall apply to the location, layout,
drainage, operation, landscaping, parki, n~. and permitted sales and service activities of
automobile service stations:
2.6.28.1.
Locational and Site Standards. All automobile service stations shall meet
the following criteria:
Minimum _frontage - An automobile service station shall not be
located on a lot with less than one hundred fifty (150) feet of'
frontage on a vehicular right-of way.
(2) Minimum depth - One hundred eighty (180) feet.
Minimum lot or parcel area - 30,000 square feet,
Separation requirements - There shall be a minimum dis'
500 feet, shortest airline measurement, between the neares
No. C2~
mcc oF
: po) e) 1 0 1998
.on any lot or parcel of land to be occupied for automobile servic,:
stations, and any lot or parcel which is occupied by an automobil,.
.service station, or for which a building permit has been issued
.However, this line of measurement shall not cross a 4-1ane or
greater arterial or collector road, rather, shall follow a linear
measurement alone the road frontage.
.Minimum yard requirements - all structures.
Front y~.rd setback - Fifty (50} feet.
_Side yard setback - Forty (40) feet.
(c) Rear yard setback - Forty (40) feet_.
.Parkin~ reauirements - per Division 2.3 Off-Street Parking and
Loading
Architectural Design - per Division 2.8 Architectural and Sit,':
Design Standards and Guidelines for Commercial Buildings and
.Landscaping . the following landscape requirements are i~
addition to the requirements of Division 2.4 Landscaping and
.Bu ffe. ring.
(a) Required Landscapin£ adjacent to..[~ropert¥ boundaries:
Ri.eft-of-way buffer landscaping:
.a. Landscaping adjacent to right-of-ways external to th,',
development project shall be located within a landscap~
.buffer easement which is a minimum of twenty-five (25)
.feet in width. Water management swales shall not b,,
located yzithin these buffer .areas, however, water
.managemq.nt as under~ound pipin.t't shall be permitted.
b. An undulating berm with a maximum slope of 3:l shall
..be constructed along the entire len~h of the landscape,
.buffer. The berm shall be constructed and maintained at a
minimum average height of three (3) feet. The be~m shall
be planted with gound cover (other than _m'~s), shrubs,
_hed.ees, trees and palms
..within a cluster. The use of palms within the right.
..buffer sh~]l be limited to landscaped areas adia
vehicular ~'._ccess points. Palms shall be plant~_..k~
heights, aminimum of three (3) palms per cluster, s
.c. The required trees and palms shall be clustered in doubl,,
rows with a minimum of three (3} trees ~er cluster. Canopy
.trees shall.be planted at least fifteen (15) feet on center
:ent
acedlt~lN 1 0 1998
,ii I IIIII I II IIIII I II III II
(I0)
a maximum of eight (8) feet on center, with a minimum of
four (4) feet difference in height between each tree. A
maximum distance of twenty-five (25) feet between ali
types of tree clusters shall be maintained (See Illustration
d. I00 percent of the trees shall be a minimum of fourteen
(34) feet in height at the time of installation. Trees shall
have a minimum ora 3 1/2 inch caliper (at 12 inches above
t_he eround) and ~ six (6) fOOt spread, At installation, shrubx
_shall be a minimum of ten (10) gallon, five 1'5) feet in
height, with a three (3) foot spread, planted four (4) feet on
center.
_Landscapin~ adjacent to all other property lines;
a. Side property boundaries (other than those adjacent to
_rieht-of-ways) shall be planted with single row hedge.,:.
.c..onsistent with the minimum requirements of Division 2.4
Landscaping and Buffering.
..b. Rear property boundaries (other than those adjacent to
road riuht-of-ways) shall be planted with a single row
hedge. ~le hedge shall be a minimum height of four (4'1
feet at rr, antinu, t~!anted at three (3) feet on center and shall
be maintained at a height of five (51 feet,
Curbing shall be installed and constructed, consistent with
minimum code requirements, between all paved areas and
landscape areas.
Perimeter Walls Automobile service station sites shall be
se~>arated from .adjacent residentially zoned or residentially
developed properties by an architecturally designed six (6) foot
hi,th masonry wzll or fence utilizing materials similar in color.
module and texture to those utilized in the building. Landscaping
..shall be planted on the residential side ofthe fence or wall.
Li£htin~
All lighting facilities shall be directed away from adioining
properties.
..On site luminaries shall be of Iow level, indirect diffuse.
~~ he; ht of rearer thru
feet above finished adc.
JUN 1 0 1998
(1 I)
(!2)
(13)
(14)
(15)
(16)
(17)
Lighting 10cared underneath a canopy shall be of 10w level,
indirect diffuse t~e designed to provide light only to the
pump island areas located underneath said canopy,
Rest Rooms - all rest moms shall be located inside or to the side or
rear of the building.
Sienage - per Division 2.5 $i~aee and the following regulations:
Accent lighting and back lighting is prohibited on canopy
structures.
(b)
A single pole or ground sign shall be ~ermitted per site, not.
to exceed sixty (60) square fee!. in area. pole signs shall be
limited to fifleeln (1,5) feet iq height as measured from the
~ad.e of the parkin~t lot. The sign shall be placed within a
200 square foot landscaped area,
llluminat, ed signaee, logos, advertising and information
prohibited above gas pumps.
(d) The number of on-premises directional signs shall be
limited to two (2) signs per entry/exit.
Signaee identifvine air, water and vacuum apparatus shall
be limited to a total of four (4) square feet in area.
Trash Storage - per Section 2.6.15, a six foot high enclosed trash
area to be integrated with the design of the service station shall be
provided.
Storage Tanks - s~orage tanks shall be located below grade.
Outside display of products - there shall be no outside displays of
products, stacking of tires or other merchandise.
Entrance and exit - no automobile ~;ervice station shall have an
entrance or exit for vehicles within 200 feet along the same side of
a street of a school, public playground, child care center, church,
hospital, public library, or BY institution for dependents or for
children, except where such property is in another block,
Building colors and colqr banding on canol~ structures-
accent banding on gasoline canopy structur~ is l~rolq
Canopies shall be of one color, consistent with the predol
color of the principal structure, if applicable. The color
structures on site ..':hal! .be of soft earth ton~s o.r pastels,
~inant
of ~fl~N 1 0 1998
2.6.28.2
2.6.28.3
Exceptions.
1_. Locational and site standards in accordance with subsection
2.6.28.1.(I} - (5}, shall not apply to, nor render non-conforming,
.a..ny existing automobile service station or any Planned Unit
Development {'PUD} in which a specific architectural rendering or
site plan was approved for an automobile service ration, prior to
the effective date of this amendment.
However, existing automobile service stations which may
otherwise be rendered nonconforming by the provisions of
subsection 2.6.28.1. {'6} - (17}, except for automobile service
stations within a PI, JD as described above, shall comply with
applicable subsections of Division 1.8, Nonconformities.
Operational. ,~tandards. In addition to the retail dispensing of automobile
fuels and oil, only the following services may be rendered and sales made
e. Xcept as indicated:
Sales and servicing of spark plugs, batteries, distributors and
distributor parts.
Sales. mounting, balancing and repair of tires and wheel
,
alignments, but not recapping of tires.
Sales and replacement of water hoses, fan belts, brake fluid.
lightbulbs, fuses, floor mats, wiper blades, grease retainers, wheel
bearings, shock absorbers, mirrors, exhaust systems, and the like.
Provision of water, antifreeze, flushing of the cooling system, air
conditioning recbar~:e, and the like.
5_. Providing and repairing fuel pumps and lines.
..2..
Minor motor adjustments not involving removal of the head or
crankcase.
Greasin~ and lubrication.
Sales of cold drinks, candies, tobacco and similar convenience
goods for service station customers, but strictly and only a.~
accessory and incidental to the principal business operation
Provision of road maps and other information. No. ~
JUN 1 0 1998
~.6.28.4~
I0,
No mechanical work shall be allowed outside of the enclosed
areas.
11.
Oil drainage pits or aopliances for such purpose or repair purposes
shall be located within a wholly enclosed building.
.I2.
Uses permissible at an automobile service station do not include
.major mechanical and body work, straightening of frames or body
p. arts, steam cleaning, painting, welding, storage of automobile~
['except as expressly permitted in item 13 below), commercial
~arage as an aceesso _ry use, or other work involving undue noise
~lare. fumes, smoke, or other characteristics to an extent greater
!hah normally found in such stations. An automobile service,
station is not a facility for the sale of automobile vehicles, a repair
~ara~e, a body'shop, or a truckstop,
T.__he temporary storage ofvehicles shall be permitted if the vehicleg
are to be serviced at the service station or if the vehicles have been
lowed by the service station and are being held for servicing, for an
insurance company or for salvage. Any such vehicle(s), other than
.those vehicles serviced daily, shall be stored within an area
,surrounded by an opaque fence not less than six (6) feet high. Said
vehicles shall not be stored longer than sixty (60) days.
.14.
Washing and polishing of automobiles and sale of automobile
washing and polishing materials, but this only allows auto detailing
as an accessory use, but this provision does not allow carwasheg
except in those zoning districts where a carwash is a permitted use;
and where such carwashes shall be subject to criteria specified in
!he zoning district. Carwashes shall only operate between the
of 7:00 a.m. and 7:00 p.m. seven (7) days ~er week.
Wai~,er o_f distance reqt.:.irement. The board of zoning a_t)t)eals may, by
resolution, grant a waiver of part or all of the minimum distance
requirement set forth in section 2.6.28. if it is demonstrated by th,.
applicant and determined by the board of zonin~ a_rmeals that the sit~:
provosed for development of an a,tomobile service station is separated
from another automobile service station by natural or man-ma&
boundaries, structures or other features which offset or limit the necessity
for such minimum distance requirement. The board of zoning at)t)eal,
decision to waive part or all of the distance requirement shall be based
upon the following factors:
Whether or not the nature and type of natural or n
boundary, structure, or other feature lying between the _i
establishment and an existing automobile service St
determined by the board to lessen the impact of the'
'anm a_4~_fl~.~
ro_~osea - -
ition
roo lJ i 0
2.6.28.4.1.
service station, hence reducing the need for the 500 foot distance
requirement. Such boundary, structure or other feature ma5'
include, but not be limited to, lakes, marshes, nondevelopable
wetlands, designated preserve areas, canals and a minimum of a zl
lane arterial or collector right-of-way.
Whether or not the automobile service station is only entrained in
the servicing of automobiles during regular, daytime business
.hours, hence reducing the need for the 500 foot distance
remquirement, or if in addition to or in lieu of servicing, the station
.s. ells food, gasoline and other convenience items during daytime,
n~,httJme, or on a 24-hour basis.
..Whether or not the service station is located within a shopping
.c..e. nter primarily accessed via a driveway, hence reducing the need
for the 500 foot distance requirement, or if it fronts on and in
.a..ccessed directly from a platted road fight-of-way.
.Whether or not the granting of the distance waiver will have an
· .adverse impact on adiacent land uses,...esi~eciall¥ residential land
uses_.____;
Waiver request submittal requirements. The request for an automobile servie,.
station waiver shall, be based on the submittal of the required application, a site.
plan, and a written market study analysis which justifies a need for the additional
automobile service station in the desired location. The .site plan shall indicate th,,.
following:
l_. _The dimensions of the subject r~ror~erty,
All vehicular points of ine:ress and egress.
Compliance with all requirements of' this code including the
location of the .,.(ructures on site, landscaving' off-street parking
s_ite circulation, architectural design guidelines, an4 Si~rnaue.
4. All proposed buffer areas~
The site plan shall also indicate the layout and type of land use,-
surrounding the subiect properly within 500 feet. The site pla~
shall show the layout of the road on which the proposed station
_fronts or to which access is provided, including: the true of road,
!he number of lanes, and the location of intersections and turn
lanes median locations and median widths for a 500 foot ~ ~
..f..rom the subject l-,arcel.
JUN 1 0 1998
2.6.28.4.2,
Additional conditign$. ThC board Of~Qnin~ avpcals shall have the rig. ht to add
additional ¢ot~di~ions or rcauir,maent$ in order.to in~um comvatibilitv to the
automobile service station with the surrounding ar~ and the goals and objectives
of the Comprehensive Plan,
JUN 1 0 1998
_ .~: .~,,;
Illustration 1
, / JUN 1 0 '{998~J~
ORIGIN: Community Development & Environmental Services
AUTHOR: Bryan Milk, Principal Planner
Tom Palmer, Assistant County Attorney
DEPARTMENT: Planning Services
LDC PAGE: 2:215 thru 2:222
LDC SECTION: 2.6.35.2. and 2.6.35.6.2. 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;
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.
and
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 lhan 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.} wir~ antennas
or (b) 'receive only' 4ishes that have an outside diameter of less than forty
(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. "All,"
"any," and "each" means exempt and nonexempt towers, structures, and
owners unless the context dearly indicates otherwise, but does not include
old towers or old sites except in subsection 2.6.35.6.13 related to
inspections. An "old" tower or site means a tower ot .... ~m:mv~_,
approved prior to the effective date of Ordinance No. 91 bl. ,~~4)
JUlq 1 0 1998
2.6.35.6.2.
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. "Owner"
refers to a sole owner or any co-owner. "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 thc
applicant" means a tower that cannot accommodate thc 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 thc county manager. Thc singular includes thc plural and
vice versa unless thc context clearly indicates otherwise. "Government"
means thc United States government 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 monopolc communications towers, and structures and antennas that
arc limited to 20 feet or less in height without conditional usc approval,
heights of towers and structures specified herein arc exclusive of any
antennas affixed thereto and arc exclusive of thc respective ground
elevation.
Permitted 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. Towers that exceed those specific..! maximum heights require
~...~...v..~.--""~4:':"-~ ............ ~- -v~..v.-..' a variance in accordance with Section 2.7.5.
All commercial and industrial zoning districts: Any tower up to 75
feet in height is a permitted use :'.:bj~: '--
~ provided the base of such tower 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 c,f six residential dwelling units or less, by a minimum
distance of 75 feet. Any tower that exceeds 75 feet in height up to
a height of 185 feet is a lawful use only if permitted or otherwise
provided in the respective zoning district and the base of such
tower is separated from the nearest boundary of any parcel of land
zoned RSF-1 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 'A times the height of the tower.) Towers
which do not meet the separation requirement
variance in accordance with section 2.7.5.
JUN 1 0 1998
Agricultural zoning districts within the urban designated area:
Towers not exceeding 200 feet.
Agricultural zoning districts within thc rural designated area:
Towers not exceeding 280 feet.
All agricultural zoning districts: No tower that exceeds two,
hundred and ei hi 280 feet in hei ht exclusive o an antenna
~ shall be allowed on any site comprising less than 20
acres under common ownership or control except suc___h.h oa
~..~:,:^.,~ .:, ..... ~--- towers can bc approved as a
conditional use on sites of less than 20 acres it' thc tower must be
located in the encral area of thc seal site an the a l'can
cannot with econo ic fcasi il' ui title t o c n
lease etc. a suitable tow site of at cast twen 2 acres in thc
required geographic vicinity of the proposed tower sitq.
2.6.35.2. LDC A.MENDMENT/BM/mcb'H:
JUN 1 0 1998
ORIGIN: Engineering Review
AUTHORS: Thomas E. Kuck, P.E., Engineering Review Manager
John R. Houldsworth, Senior Engineer
DEPARTMENT: Planning Services
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 Preliminax~/and Final Subdivision Plat
REASON: To be consistent with Florida Statute 177. which requires platting of a subdivision of
th~'ee or more Lots or Parcels. To provide the Board of County Commissioners and the General
Public a Public Hearing process during the permitting of a Rural Area Subdivision. The County has
had two Rural Area Subdivisions in 1997, both of which 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 fees 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 subd, vision regulations. The division of property, Occurrin~
prior to June 1, 1998, meeting the definition of rural subdivis;on shall not require the
subdivider to record a final plat nor comply with the subdivision regulations provided in
division 3.2. The subdivision of_oro~erties occurrin!~ ate1' June 1, 1998 shall not be
exempt from Dlattin~ and filinR a preliminary subdivision plat ~SP). However. the
applicability of required ;;ubdjv~sJon improvements and standards as set forth in
Section 3.2.8.3, Required Improvements shall be determined bY lhe Development
Services and Envimnm~tal Service.; Administrator on a ease by case basis, The
applicant, through the preliminary $gbdivision Plat fl~SP) process may ret3uest waivers
from certain "required improvement;". 'I2:..: :..:.b.~_:.:.~ &.:._._'-a ,~._.. ..... r----m--t'A'- :fLhz
.... r n.a ~. z~2:.-. ......... The ~l;~l[v[der and
purchaser of property ~leetilng definition (al of Rural Subdivision shall comply with
Sections 3.2.4.10.2 through 3.2.4.10.4 0fLhis code. The division of property not meeting
the definition of rural subdivision is required to comply with all requirements of division
3.2.
3.2.4.10.2 Deeds and other conveyances. All deeds and other conveyances for properties meeting
the definition of rural subdivision (pursuant to division 6.3 f.a~ shall include in ten-point
type the following statement:
NO. ~/"'1~ !
JUN i 0 19~
LDC Amendments
Page 2
"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".
~Building permits for rural subdivisions. Building r~errnits will not be issued until the
final plat is recorded o..:,,. ,,, ,..: ....... e.. ~...a,~:.,. ,--a.r,,. =:7 7.mp::;~' :- '~"
?
,-, ......... ., ............... ·. minimum ,el20 f:~ in width; o.
tax t: .... ~. rfa idt!
3.2.4.10.4 Access agreement. The owner of property applying for a building permit, which by
.definition in division 6.3 (a} is deemed to !Tea 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 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 following provisions and a
copy of the recorded agreement submitted with the property owner's building permit
application:
(a) through (I) of this Section remain unchanged
NO. ~
JUN 1 0 1998
LDC Amendments
Page 3
Division 6.3 Definitions
Rural Subdivision: The division of a parcel of land within the rural area as defined herein, whether
improved or unimproved, into .~;'c tNee,, or more contiguous parcels of land each of which is five
acres 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 ~ubdivision 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 D~.~."v.h= 2!, !992 June I, 1998
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
4.9g3. June !. 1998; or,
(b)
Lots or parcels five acres or greater that are created after ~
1993 June 1, 1998 that gain access through the grant of a private access
easement or private right, of-way. This form ora rural sulxlivision shall not
be exempt from the preliminary subdivision plat (PSP'I ~roeess. However.
required subdivision improvements and standards shall b, reviewed by the
Development Services and Environmental Services Administrator on a
case by case basis.
Words underlined are added
JUN 1 0 19[18
ORIGIN: Community Development and Environmental Services
AUTHOR: Jeremy D. Battis, M.C.P.
DEPARTMENT: Metropolitan Planning Organization
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 of obstacles to
the right of way is intended to provide greater mobility to
the disabled.
Amend the LDC as follows:
3.3.5.5.5.
3. Improvements for roadway, motor vehicle
and non-motor vehicle ~-~-
circulation, ingress and egress, parking
and other transportation needs, . . .
4. Non-mot.~r vehicle circulation is defined
as movement by persons on foot, bicycle
or any other human-powered device. Non-
motor vehicle circulation shall be
considered satisfactory where sidewalks
and bicycle facilities are provided in a
fashion no less comprehensive than as
outlined under LDC 2.8.3.4 and
3.2.8.3.17. Exceptions to these
requirements shall be considered only
when a remonstrance is demonstrated.
JUN ! 0 1998
5. Special attention shall be given to the
needs of the disabled as prescribed by
the Americans With Disabilities Act of
1990. An absence of obstructions in the
public right of way would include
providing landscape buffers in such a
way as to not create a barrier (a "moat"
effect) to the adjacent parcel and
providing a crosswalk at any
intersection where the distance to the
nearest crosswalk is greater than 1000
feet.
7.
11.10.
No.
JUN 1 0 1998
ORIGIN: Community Development & Environmental Services
AUTHOR: Barbara S. Burgeson, ES II
DEPARTMENT: Planning Services
LDC PAGE: 3:130
LI)C SECTION: 3.9.5.2.6.
CItANGE: 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 ~ecies,
which have invasive growlh habits, by reducing the replacement size from caliper for caliper to a
l: l 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
services director or hisser 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. (Exeepfiom; will be granted for removal of
non-native vegetation as listed in Sections 2.4.4.9-2,4.4.11, The
replacement requirement for this vegetation shall be on a 1:1 basis, using
the minimum mitigation zize criteria Ii,ted under Section 9,9.5.5.4.)
Replacement native vegetation shall be planted within 14 calendar days of
removal.
3.9.5.2.6. LDC AMENDMENT/BSB/md/H:MARIE'$ LDC
AG M
JUN 1 0 1998
ORIGIN: Community Development & Environmental Services
AUTHOR: Barbara S. Burgeson, ES II and Robert J. Mulhere AICP, Planning Services
Director
DEPARTMENT: Planning Services
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 Staff's 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.
COLLIER COUNTY PLANNING COUNCIL (CCPC) RECOMMENDATION: The
CCPC concluded that the amendment as proposed was acceptable following remarks by Mr. Paul
Hinchcliff of the EAB in opposition to the proposed amendment.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
3.9.5.5.5.
Bonifi.de. agriculture (as set forth in section 2.2.2.2.1,2) shall be exempt
from the above preservation requirements provided that any new clearing
of land for agriculture shall not be converted to nonagricultural
development for at least ten years. An~' '"~'°~ '~'~ .~:::rz:'...zn!: Ar. :
~ For any such conversions in less than ten years, the converted land
will be restored with native vegetation to the degree required by this code
at the time the clearing occurred. The Cornmu~i~ Development &
Environmental Seryfi'ces Administrator or his/hex' desiglle, may ~rant
wfitt~ exemv_tions to tho ..above pl~s~vation requiremcats, ,-_S5'6~__~]~.~t
aericulturallv zonff, plro_t~-'rtv, for essential public services (as p~ >vided for - -'
JUN 1 0 1998
in Section 2.6.9} and cemeteries, where it is in the beb't interest of thc
eeneral _vublic to allow expansion or development of thc land in lieu of
pres .e!3'. ati0q of existing native vcgeta, tion.
3.9.5.5.5. LDC AMENDMENT/BSB/md/H:MAKIE'S LDC
JUN I 0 1998
ORIGIN: Community Development & Environmental Services
AUTHOR: Ronald Nino, AICP
David Weeks, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC 6.21
LDC SECTION: Division6.3
CHANGE: 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 the Land Development Code as follows:
Dwei!ine. Single-Family or One-FamilY_: A building which 1) contains only one (1) dwelling
unit; 2) is intended, designed, used and o:cupied by no more than one (1) family; 3) meets the
minimum width across any front, side or r-,~ar 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 definiti>ns as the principal definition:
ao
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.
The dwelling shall be connected to a public sewer and water supply or to such private
facilities approved by the County Health Department.
The term single-family dwelling may include manufactured homes when placed on
permanent foundation. Manufactured homes must meet minimum width minimum
square footage, maximum height and all other requirements applicable to
dwellings.
JUN 1 0 1998
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 comply with minimum width and
minimum square footage and must be secured to the premises by an anchoring system or
device complying with thc rules and r~gulations of the Florida Mobile Home
Commission. Each mobile home shall be installed with the wheels under carriage or
chassis. A mobile home complying with the rules and r~lations of thc Florida Mobile,
Home Commission shall not be ,~nsidered a single family dwelline.
A mobile home shall not be p~'tlitted in zoning di~ricts which allow simzle family
dwellings as permitted uses unle, s the term mQbile hom~ is expres,Iy laated as ~
permitted or conditional use
DIV 6.3. LDC AMENDMENTSGrN/rnd/H:MARiE,S LDC
JUN 1 0 1998
Division 6.3 Definitions
Rural Subdivision: The division of a parcel ofland within the rural area as defined herein, whether
improved or unimproved, into ~ three or more contiguous parcels of land each of which is five
acres or greater, and not including any change in a public street, rights-of-way or am 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 D~em~:r, 21, 1993 ,lurle 1, 1998
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
· lxgg.3 June !, 1998; or,
(b)
Lots or parcels five acres or greater that arc created after t~eeml~--*,M-x
~ ,lune 1, !~998 that gain access through the grant ora private access
easement or private fight-of-way. This fgrm of a rural suMivision ,hall not
be exempt from the preliminary subdivision plat (PSP) process. However,
required sulxlivisi0n implmvements and stan~l.ard$ shall be reviewed by flae
Development Services and Environmental Services Administrator on a
case by case basis.
Words underlined are added
JUN 1 0 1998
...-
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. Con~tru .ction signs shall not contain any
promotional or sales material. (See Division 2.5.)
JUN I 0 1998
ORIGIN: Engineering Review
AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager
DEPARTMENT: Planning Services
LDC PAGE: LDC B:4 - LDC B:8
LDC SECTION: Appendix B Typical Street Sections and Right-of-Way Design Standards
CHANGE: provide sidewalks five feet in width on both sides of ali local roads and for cul-de-
sacs serving over 12 lots, sidewalks 5 feet in width on both sides ofcommeroial 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 Right-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 LDG B:4, LDC B:5, LDC B:6,
LDC B:7 and LDC B:8.
APPENDIX B LDC AMENDMENT/TEK/md/H:MP, RIE'S LDC
JUN i 0 1998
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JUN 1 0 1998
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PORTER, WRIGHT,
MORRIS & ARTHUR
AttorneT~ & Counselors at Law
May 22, 1998
Robert Mulhere, AICP, Director
Planning Services Department
2800 North Horseshoe DAve
Naples, FL 34104
Re: Seagate Drive Property for International College
Dear Mr. Mulhere:
Thank you for taking the time to speak with me regarding the proposed purclm~ of
International College of the property presently occupied by North Naples Methodist Church on
Seagate Drive. As I indicated to you, my wife and I reside on the south boundary of the church
'and are very concerned about the announced intention of IntemafiouU College to seek a rezoning
of the property so as to allow the existing property (which is presently zoned as RSF4) to be
used for a post secondary private educational facility. We firmly believe that such a change of
use would be adverse and not compatible to the present use of the surrounding neighborhood
property, We will be opposing any such rezoning by the county.
It is my understanding that at the pre.nent time no application for rezoning has be~n filed
by International College or North Naples Methodist Church. I would, however, request to be
notified by your office once an application ior rezoning has been filed for the subject property..
Thank you for your cooperation.
Sincerely,
%,.
JSK/csg
JUN 1 0 1998
gg
PARK SHORE ASSOCIATION, INC.
P.O. Box 1435,
Naples, Florida 34 ! 06-1435
Mr. Michael J. Bruet, V-Chairman
Collier County Planning Commission
Naples, Florida
Dear Commissioner Bruet:
re: Land Development Code changes
The Park Shore Association. through its duly elected Officers and Board of Directors, represen~ the
approximately 4356 Collier County citizens who reside in Park Shore Subdivision.
It has come to the Board's attention only in the last few days that a s~ubstantial definitional change
in the Land Development Code is proposed. That is, a proposal before the Planning Commission
would change the definition of a "Community Facility District (CF)" by adding an entirely new
category_ of ~rmitted uses.
Such a substantial addition to the uses now permitted to existing land is worthy of the opinion ofthe
citizens of the count)' prior to a recommendation to adopt such a sweeping change.
Furthermore it has come to the Board's attention that the Planning Commissioner representing our
district, Edward Oates, will not be in attendance at this meeting, nor was he present at the last
meeting of the Planning Commission. The Park Shore Association Board of Directors needs time to
meet w/th him to discuss this issue.
Absent a compelling reason or emergency need to change the Code immediately, the Park Shore
Association requests that the Commission I~~ its consideration of the matter until November,
in order that we may consult with those residents of Collier County to whom we are responsible.
Sincerely,
/ , ,
Judi~ K. Pender~st '~
~esident
P~k Shore Ass~iation
PARK SHORE ASSOCIATION, INC.
JUN 1 0 1998
85/28/1998
PAGE: 82/82
May 27, 1998
Mr. Bob Mulhere, AICP, Director
Planning Services Department
Collier County Cornmu~7 Development
Collier County Government Complex
3301 Eag Tamiarni Trail
Naples, FL 34112
RE: Proposed Zoning Change - (CF) Community Facility District
OFFICE OF THE CITY MANAGER
Dem' Nfl'. Mulh~re:
On behalf of the City of Naples, we oaend greetings to you and to the members oft,he Collier
County Planning Advisory Board. h is our understanding that on .~our agenda of May 27th there
is a proposal to modify the community facility di~rict, thereby permitting colleges to be a
permitted use within that proposed zoning digrict. We clearly recogniz~ that the modification to
the zoning code docs not re-zone propeagt bug rather, mends the t~ct as to permitt~ uses in the
specific district. Ev,n so, this action repre, s~nt~ the initial step ~ will eventually lead to a re-
zoning petition and public hearings regm'ding a request by Into-national College to re-zone
property on Seagate Drive.
The Naples City Council has not t,,ven a formal position regarding the proposed re-zoning of thc
property by International College. I-Iowcv~r, many r~sid~J in the Park Shore area and the Park
Shore Association have expressed concern about the potemial negative impacts the re-zoning
could have on their neighborhood. Of ~cial concern ~e the issu~ of compatibility and traffic
congestion.
I therefore respectfully requcst thai the PL:.m~ing Adviso~ B°ard recognize that the item before
you today should be viewed in the larg~ perspective of a potential application for m-zoning of
property for International College.
Your courtesies in this matter are appreciat~L
Xc:
City
Honorable Mayor & Mernber~ of City Council
FACSTMILE (941) L34.4820 TELEPHONE (N1) 4,14-4610 SUNC..,OM 974-4610
736 ~ ~rREET, $C'tJ'T34 * NAPLES, FLORIDA~4102.'6'J'96
JUN 1 0 1998
YOUNO, VAN ASSEI~'DERP & VARNADOE, P. A.
ArVO~N£¥$ m~ L~w
TO:
Naples
May 4. 1998
VIA HAND DELi%rERY
Bryan Milk, Principal Planner
Planning Scrviccs Section
Development Services Division
Collier County
2800 N Horseshoe Drive
Naples FL 34104
RE: Draft of Land Development Code Amendments for Section 2.6.28 Automobile Service Stations
Dear Bryan:
This letter is to follow up on our telephone conversation concerning the above referenced proposed
amendments. As you may recall from our mutual involvement on the Angileri PUD, numerous specific
additional conditions were imposed upon this PUD solely because it was to have a service
station/convenience store on the property, including a commitment to a specific architectural rendering.
I am very concerned that the proposed amendments may have the effect of nullifying the ability of
RaceTrac Petroleum, Inc. to construct a service station/convenience store on the Angileri PUD property
as was specifically previously approved by the County Commission. Were that to occur, because of the
specificity of the Angileri PUD regarding the RaceTrac station, compensation would be required under
the Harris Private Property Rights Act. I know of no other PUD in the County that approves a service
station/convenience store with the specific details that the Angileri PUD does.
I would like [o propose the following additional language to be added to your draft ordinance.
Add at the end of Section 2.6.28. I(4) Separation Requirements: "However, where the lot or parcel abuts
the road consisting of four or more lanes, the minimum distance shall be measured only on the same side
of the road., The rationale for this amendment is traffic safety, to cut down on the number of cross-
traffic turning movements that would need to be made by someone seeking gas or convenience store items
on a multi-lane roadway. It would seem to me that it makes sense to cut down on the -,,,~,,',' ,',~' ......
JUN 1 0 1998
Bryan Milk. Principal Planner
May 4. 1998
Page 2
turns under such circumstances. I specifically recall that when the Board approved RaceTrac. it was to
help cut down on the number of turning movements for gas on Pine Ridge Road that would need to be
made by someone heading westbound.
I would also propose that you add the following new section: "Section 2.6.28.3 Exceptions. Except for
Section 2.6.28.2 Operational Standards, the provisions of Section 2.6.28 shall not apply to, nor render
nonconforming, any existing automobile service station or convenience store selling motor fuels, or any
existing PUD in which a specific architectural rendering or graphic depiction was approved for an
automobile service station or convenience store selling motor fuels." The rationale for this amendment
is that other than the operational standards, any new regulations should apply only prospectively and
should not make nonconforming any existing service station/convenience stores or a PUD, such as
Angileri PUD, for which specific development standards were imposed on the basis that a service
station/convenience store was to be built upon the property.
After you have had an opportunity to review the foregoing, please give me a call. Thank you.
Sincerely,
R. Bruce Anderson
RBAIcjw
CC:
Robert J. Mulhere, Planning Services Director
Ronald F. Nino, Current Planning Manager
Velma Kendall. RaceTrac Petroleum
6°rba'mdk.lu'
JUN 1 0 1998
I. ·
591 * · 7O0
May 22, 1998
Robert J. Mulhere
Planning Services D~rector
Community Development Division
2800 North Horseshoe Drive
Naples, FL 34104
Re: LDC Amendments-Sectson 3.9.5.5.5; Naples Memorial Gardens
Dear Bob:
Following our meeting earlier this week, I have talked with four members of the Planing
Commission concerning the proposed change. The points I have raised with each of them are as follows:
I, The LDC as it is currently written contains a blanket exemption from vegetation preservation
requirements for agriculture.
2. The staffwas not comfortable with such a broad exemption for all uses in the agriculture district.
On the other hand. staff desired to maintain the exemption for bona fide agriculture and was also desirous
of granting a limited ability for certain uses such as cemeteries and essential public services to have an
opportunit).' for a modification of these requirements if it could be demetstrated that there was a public
interest to be served by this.
3. As a result, the suggested change grants the exemption only for bona fide agriculture uses. and
authorizes the Development Sen'ices Director to grant exemptions in certain limited cases. This apphes only
to properties which are zoned agriculture, and none other.
4. With regard to the suggestion that this be hand]ed by a variance, the LDC currently contains
provisions for reviewing problematic applicatio.is through appeals to the EAB [see section 5.13'.2.3.4]..
I will not be at the hearing next Wednesday: however, I believe the CCPC will support the
amendment if advised of the advantages. Thank you for your assistance in this.
Very truly yours,
Donald ^. Pickworth
JUN 1 0 1998
04/09/98 TIIU 10:50 FA,I 9415941151 DONALD A PICI~OR'I~ PA ~002
April 8, 1998
Robert I. Mulhere, AICP
Planning Services Director
2800 North Horseshoe Driw
Naples, Florida 34104
Kc: LDC Amendment, Section 3.9.$.5.~; LDC Pagc 3:132
Dcar Bob:
I have reviewed thc proposed amendment you sent me on behalf of my client, Naples
Memorial Crardcns. While thc i~t~nt is clear in the tcxt of thc memo, I am unclear as to what is
meant by thc phrase "to previous pertained use~" in thc first senl~nc~ of thc added languaEe.
Naples Memorial Gardens was approved as a provisional use in thc Agriculture district
many years ago. Has it become, tth'ough the adoption of subsequent ordinances, a p~rmitted use?
If'so, is this a "previous permiRed use"? Perhaps we could re.word this phrase to read
permitted uses or previously approved c.,mdil:ional or provisional uses". As an alternative, I tblnk
you could eliminate the phrase entirely. I don't think you lose art's:id.nS by that, and you
eliminalc a lot of potential/nterpretat'/ve problems over previous uses. The exemption is not a
marwr of right anyway, so you are protected.
When you have reviewed this, please give me a call.
Very tuffy yours,
Donald A~ Pickwonh
cc:
Ed Libcngood
Dorothea Zysco
Barbara Burgcson
JUN 1 0 1998
I
ORDINANCE NO. 98-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING
REGUI. ATIONS FOR TIlE UN'INCORPORATED AREA OF
COLLIER COUNq~'. FLORIDA, BY PROVIDING FOR: SECTION
ONE, RECITALS: SECTION TWO, FINDINGS OF FACT:
SECTION TtlREE, ADOPTION OF AMENDMENTS TO TIlE
LAND DEVELOPMEN~F CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING.
DIVISION 2.2. ZONING DISTRICTS, PEI~MITTED USES.
CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION
2.4. LANDSCAPING AND BUFFERING, DIVISION 2~. SIGNS;
DIVISION 2.6. SUPPLEMENTAL 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 NOT LIMITED
TO THE 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. INCLUSION IN tHE LAND
DEVELOPMENT CODE: AND SECTION SIX, EFFECTIVE
DATE.
I
WHER£A$. on October 30. 19ql. thc Colher Count.~ Board of £'ount.~ Commissioners adopted
Ordinance No 91-10". thc Collier Count.,,' Land De~elopmem Code Ihcreinafler LDC). v, hich has be~n
suhsequentl? amended, anc~
WtIEREAS. the LDC ma.,, not be amended more than t,.,.o times in each calendar .,,tar pursuant to
~ecm.n i 1o I.. LDC'. and
I
\VttERE..\S. th;s is the first amendment to the LDC. Ordinance 91-I 02. in this calendar .,,ear: and
WHEREAS. on March 18. 1907. the Board of Count.', C~.,mmisstoncr~ adopted Resolution '~7.177
establishing local requsremer:ts and procedures lbr amending the LDC: and
WHEREAS. all requ:-ements of Resolution 97-177 have been met: and
WHEREAS. the Board of County Commissioners. in a manner prescribed b> las~', d~d hold
ad,erased public hea~ngs on and . and did take action concerning these
amendments to the LDC; and
WHEREAS. all applicable substantive and procedural t/equ~rement.s of the la'.,.' have been met.
NOW. THEREFORE BE IT ORDAINED b.~ the Board of Count,.' Commissioners ol Collier
Count.',. Florida. that.
SECTION ONE: RECITALS
forth.
['he foregoing recitals are true and correct and incorporated b.', reference
R' ,:ds ::.--_-:~ '~ ...... = are deleted. ~ords underhned are added.
herein.~"ir =fdll,' set
JUN 1 0 1998
JUN 1 0 1998
_
SECTION TWO: FINDINGS OF FACT
The Board of Counv..' Commissioners of Collier County. Florida. hereby makes thc follo~'ing~}
findings of fact:
I. Collier County. pursuant to Sec. 163.316 I. et t~q.. Fla. Stat.. the Florida Local Government
Comprehensive Planning and Land Development Regulations Ac! (hereinafter the "Act"k is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan. the Act and in particular Sec. 163-3202(I L Fla.
Stat.. mandates that Co~iier Counn.' adopt land development regulations that are consistent 'svith and
implement the adopted comprehensive plan.
3. Sec. 163.3201. Fla. Stat.. provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development 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(1)~b). Fla. Stat.. requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted Comprehensive Plan. or element or portion
thereo~: and any land development regulations existing at thc time of adoption which are not consistent
with the adopted Comprehensive Plan. or element 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 use of
innovative land development regulations.
6. On Januar? 10. 1989. Collier Count.,,' adopted the Collier County Growth Management
(hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to th~
requirements of Sec. 1634.3161 ~sea Fla. Stat.. and Rule o.~-5. F.A.C.
7. Sec. 163.31e, 4(l)~a). Fla. Stat.. mandates that after a Comprehensive Plan. or element or
portion thereof, has been adopted in conformity with the Act. all dexelopment undertaken by. and all
actions taken in regard to development orders b.~. governmental agencies in regard to land covered by such
Comprehensive Plan ~,r element or portion thereof shall be consistent with such Comprehensive Plan or
element or portion thereof.
8. Pursuant to Sec. 163.3194(3)(ak Fla. Stat.. a developmem order or land de'selopment
regulation shall be consisten: with the Comprehensive Plan if the land uses. densities or intensities, m the
Comprehensixe Plan and if :,, mee~s all other criteria enumerated by the local government.
9. Section 163.3194(3)~bl. Fla. Stat.. requires that a development approved or undertaken b.~
a local governmem 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 ,,~'ith. and further the
objectixes, policies, land uses. densities or intensities in the Comprehensive Plan and if it meets all other
criteria enumerated by the local government.
10. On October 30. 1991. Collier Count's adopted the Collier County Land De'selopment Code.
g'hich became effective on November 13. 1991 and' may be amended tw'ice annually.
11. Collier Count), finds that the Land Development Code is intended and necessar, to
preserx'e and enhance the present advantages that exisa in Collier County: encourage the most approp'nate
use of land. water and resources, consistent with the public interest: overcome present handicaps: and deal
effectively with future problems ~hat may result from the use and development of land ~ithin the total
unincorporated a~e of Colhtr Count' and it is intended that this Land Development Code
promote, protect, and improve the public health, sareE,.', corn(on, good order, appearance, convenience.~
and gene.ral welfare of Co, flier County: prevent the overcrowding of land and avoid the undue
concentrauon of populmion' facilitate the adequate and efficient provision of transportation. ~ater.
sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserxe.
dcvclup, udlizc, and protect natural resources v4thin the jurisdiction of Collier Count}': and protect
human, environmental, social, and economic resources: and maintain through orderly gro~h and
development, the character and stability of presen! and future land uses and development in Collier
County.
12. It is thc intent of the Board of Coumy Commissioners of Collier County. to implement the
Land Development Code in accordance with the ~ovisions of thc Collier Count). Comprehensive Plan.
Chapter 125. Fla. Stat.. and Chapter 163. Fla. Stat.. and through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION $.A: AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES,
CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION
Division 2.2.. Zoning Districts. Permitted Uses. Conditional U~es. Dimensional Standards. of
Ordinance 91-I 02. as amended, thc Collier Count)' Land Development Code. is hereby amended 1o read as
follows:
DIVISION 2.2.
ZONING DISTRICTS. PERMITTED USES, CONDITIONAL USES.
DIMENSIONAL STANDARDS
Sec. 2.2.5. Residential multiple-family - 6 district {RMF-6).
2.2.5.4.
Dimensional Standards: The follov, ing dimensional standards shall apply to all permitted
housine Stl'UCtur~: tv~cs, accesso~, and conditional uses in the PJ~IF-6 district.
Afinimum Lot Area: cc. in c ....... :. -=r .... :'-'.e d;'.:~]!::.~.':-: ? -~.n ....... r ....
........... : ..... .~ .......
d;':eU!~g ur, i,-
Sinzle Family 6.500 s~uare feet except as oroxided at Section ".2.5.4.7. and 2.6.27.
Two. Famih': 12.000 ~uare feet excem as orovided at Section 26.,7.
· Three or more D~'elline l~'ntt Structures: ~.500 souare feet ~r d',~'elline uni~ e~¢~ a~
herein further orovid¢~l~
2.2.5.4.3.
.lfinimum Lot If'idth: C~,,e hundred fcc:
Sinele Family: 60 feel
~'wo Ir,atollK 80 fqg~
Three or more D~elline L'nit Struftur¢.~
109 feet
Minimum Yarc Requirements (exccm as further ~rovidcd at Section ,,.6,,7).
Thc followinl~ minimum yard reouiremcnts arc in relation to vialled boundaries,
Front '(0re Minimu~ Yard Total
One (Sinele) Famih' -
DwellinR Units
Two Unit/FilmilY ~S,' 19'* ~9'
Dwelline Unit~
Rear Yard
~0'
Three or.More Famil~ - 30' I,~" ~9' ~O'
...D~ ~tlinR. [,'nits
Where fcc sim~le lots are created for each d~clline unit s/dc ..ards are measured from
outside wall of the vrincmal l~Tructur¢ ~ithin ~hich the d~clling unJ! is located.
Development Standards' for .Von-Con/orming Lots o! Record:
Nothing herein contained ~,hal! ~rohibil thc use of a platted lot of record for a singl~_
.fami v detached d~..ellin, unit. irrest~ctivc of its dimensional and area mea~uremems.
Combinations Of platted lots of record ere otherwi~ petrol,ed lo achieve thc minimu,,,
dimensio~3al onql area requiremcms for each housint, structure tyro as describgd ia th~.
forei~oing sections.
Sec. 2.2.13.
2.2 1~.4.11.
Commercial convenience district (C-2).
Oistanfe .',¢'t~,¢¢n structures, if there is a sevaratio[~ I~t~.,,¢en an.. P.,,'o vrincJoa] ~,tructur~. ~
on thc ~'me varcel, .',aid sevaration shall be a minimum of 15 feel or a distance equal tO
one-half the ~urn of their heights, ',vhk:h¢'. er is the greater.
JUN I 0 1998
Sec. 2.2.14.
Sec. 2.2.15.
"' 1<4 II
Sec. 2.2.151,r2.
2.2.151 '~ 4.11
Sec. 2.2.16.
2.2.16 I.
Commercial intermediate district (C-3).
Lighting Lmhtinq f~c I t es shall be arranged in a'manner that protects roadv~axs
nei£hborine vromeni¢l~ from direct t, lar¢ or other intcrfq'ence.
O/stance P3 meen structures, If there is a set~aratiqn between any tv.'o or/nc/pal ,structure:.
on the saul: varcel. Isaid sevaration shall Ix, a miniroum of 15 feet or a distance equal
Orle-halft}:: sum of their heiehts, vdliche..er is the creater.
General commercial district (C4).
D/stance bet~'een ytruetures. If there is a seoaration between ag'.' two vrJncitral strueTur,;:,
On the same ~arcel. said separation shall be a minimum of 15 feet or a d/stance equal
one-half lhe ~um of their heights, v, h~che..'¢r is the greater.
tleaL'y commercial district lC-5}.
Distance between structures. If there is a set>aratior~ bet~.een any lv,'o vrin~ilhlt Structure,
on the same varcel, said set~arat~on shall be a minimum of 15 feet or a distance eoual tu
one-half the sum of their heights. ~'hichever ts the creater.
Industrial 'lis/riel IlL 0
Purpose and intent. The purpose and intent of the industrial district Il} is to provide lands
for manufactunng, processing, storage and warehousing. ~'holesaling. and distnbuuon.
Service ant, commercml activities that are related to support manufacturing, processtng.
Word~ ~ are deleted. ~rd~ I[O~IS:T.~!:~[ ate added.
4
.;._.16._.
storage and warehousing. ,*'holesaling. and distribution activities, as v, ell as commercial
uses relating to automotive and hea,,y equipment sales and repair arc 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.,,' gro,.v~h management plan.
Permitted uses. The following uses. as identified within the Standard Industrial
Classificatton Manual (1957}. or as otherwise provided for within this section, are
permitted as a right, or as uses accessoD' to permitted uses in the industrial district ( ! }.
16.2.1. Permmeduse~.
Agr;cuhural 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 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).
2. Apparel and other finished productg ~groups 2311-2399).
3. Automot,ve repair, serx'ice, and parking {groups 7513-75491.
4
Barber shons (erouv 7241 ).
Beautx shops or salons {7231L
4~. Building construction (groups 1521.1542).
~L
~L
Business services {groups 7312. 7313. 7319. 7334-7336. 7342-735q. including
auction rooms 15999L subject to parking and landscaping for retail us,,.}.
Communications (groups 4812.48v9 including communications to~ers up to
specified heights, subject to section 2.6.351.
Construction - special trade contractors I groups 1711 - 1799 }.
Deposito~ and nondepositor.x institutions ~groups 6011-6163 ~.
Eating places (5812}.
¢~.I..~. Educ?.fional serx'~ces eg243-8249L
¢4-,1.L~. Electronic and other electrical equipment ~groups 3612-369q}.
4~.1_~_4 Engineering. accounting, research, management and related sen'ices {groups g711-
8748 L
JU '4 i 0 1998
44-2 1_~ Fabricated metal products {groups 3411-3479. 3491.3499}.
4-~ I_5_ Food and kindred products ~groups 2011-2099 except slaughtering pianist.
44,..'. 17. Furniture and fixtures egroups 2511-2599}.
Gunsmith shot~s {erout~ 76q9~ ~'ith acces~rx' shoot{ne ranee for test{ne and
trainimz.
44~19__, Heax?' construction { groups 16 i I- 1629).
4--~-20. Heahh ser,,'ices (g011 accessory to industrial activities conducted on-site onl.~
4-&,21. Industrial and commercial machinery and computer equipment 13511-35991.
~'ords ~ are d~laed, words undqrlined are
JUN 1 0 1998
-___
2,2,16,4.1 I.
Leather and leather products ( groups 3131-3199~.
Local and suburban transit (groups 411141731
Lumber and wood products (groups 2426. 243 i-24991.
Mea.,uring. analyzing, and controlling instruments: photographic, medical and
optical goods: ~'atches and clocks ~groups 3812-39731.
Membership organizations (groups 8611. g631 ).
Miscellaneous manufacturing indu.,"tnes (groups 3911-3999).
Motor freight transportation and wa,rehousing (groups 4212. 4213-4225. 4226
except oil and gas storage, and petroleum and chemical bulk stations).
Paper and allied products ~2621-2679~.
Personal sen'ices fgroups 7211-7219~.
Physical fitness facilities ~79911.
Printing. publishing and allied industries (groups 2711-27961.
Railroad transportation ~'401 I. 4013 ~.
Rubber and miscellaneous plastics products (groups 3021. 3052. 30531.
Stone. cla.~, glass, and concrete products {groups 3221. 3251. 3253. 3255-~
327>. 3281 ).
Textile mill products (groups 2211-2221. 2241.2259. 2273-2289. 2297. 22981.
Transportation equipment (groups 3714. 3716. 3731. 3732. 3751. 3761. 3764. 3769.
3792. 3799).
Transportation b5 air ~groups 4512-4581 except airports and flying fieldsl.
Transportation services (groups 473 t.-4783. 4789 except stockyards ~.
United States Postal Sec'ice (4311 I.
Welding repair (76921.
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, fertilizers, insecticides, and pesticides shall
be a minimum of 500 feet from a residential zoning district (5192-519q).
~] ~_._ .
-...-.4. An~ other use which is comparable in nature ',~ith the foregoing uses and is
other~'ise clearly consistent with the intent and purpose statement of the district.
on the same parcel, said seoaradon shall be a minimum of 15 feet or a distance e~ual lg'~'
one-halfthe In~m of their heitzhts, whichever is the create1',
2.2.19. Commaait).' facility district (CF).
~ o~d$ .-..-.:_-L :~::;.~.L ar~ deleted. ~,otds underlined are ,~Jded.
6
2.219.2.]
Permitted uses. /he foUowing uses are permitted as of right, or as u~s acces~o~. ,o
permitted uses. in the commumt.v facility district iCF).
Pcrmitlcd uses.
Child care centers.
Churches and houses of u,'orship.
Civic and cultural facilities.
Museums.
Nursin~ homes, assisted living facilities CALF) pursuam to s 400.402 F.S. and ch.
S~A-5 F.A.C.. family care facilities, group care facilities ¢catcgory I~ and
cor:dnuing care residential communmes pursuant m s ~$1 F.S. and ch. 4-193 F.A.C.
all subjec! to section
Parks and playgrounds, noncommercial recreation f~cilities, open space uses.
Public. private and parochial schools.
Social and fraternal organizations.
Ei;lucationa] services {erout)s 8211 -
Sec. 2.2.24
Special treatment overlay district (ST); special regulations for areas of environmental
sensifivir,.- and lands and structures of historical and/or archeological significance and
the Big Cypress Area of Critical State Concern.
De*'elopment standards and regulations/:)r .lC'SC. ST. All development orders issued
within thc ACSC-ST area shall comply with er b: ..-.ere r.~:r!c:!;'e :h~, chaplet 28-25.
Florida Administrative Code. as amended. Boundary and Regulations for thc Big Cypress
Area of Critical State Concern. as ::: fc.~h included
All dev¢lop;n~nt orders issued for t)roiects ~'ithin the Bie Cvt)ress Area of Critical State
Concern ~}'13H be transmitted lo the State 9f Florida Deoartment of Community Affairs for
~¢vicw with the [',otenlial for appel lo the ,.~rnjrlistradon commission z~ursuant to chaot~l'
9,/,I. Florida AdminisIraI~ve Code, Develot~mem Order Reouirements for Areas of Critical
Se. ate Concern.
1. .~'ile
Site aheration shall be limited to ten percent of the total site size. and
installation of nonpermeab]e surface shah not exceed ~0 percent of any such
area. Hov, e','cr, a m:nimum of ".500 square feet ma~ be altered on an,,'
permitted site. ' '
.An.,,' nonpermeab]e surface greater than 20.000 square feet shall provide for
re]ease of surface runoff, collected or uncollected, in a manner
approximating the natural surface water flor, regime of the area.
Soils exposed during site alteration shall be stabilized and retention ponds or
performance equi%'alent structures or ~'stem maintained in order to retain
runoffand siltation on the construction site. Restoration of vegetation to site
alteration areas shall be substantially complc~ed within 180 days following__
completion of a developmcm. RcvegetaUon shall be accomplished ~'i~
preexisting spccies except that undesirable exotic species shall not ~
replanted or propagated. Exotic species included arc listed below.
Ausu'alian pine
Bishopwood
Brazilian pepper
Melaleuca
Do~y roscmyrtlc
Earleaf acacia
Catclaw mimosa
Java plum
(Casuarina spp.)
(Bischofia javanica)
(Schinus terebinthifolius)
(Melaleuca spp.)
(Rhodem~ tornentosa)
{Acacia auriculi formis)
(Mimosa pigra)
(Syzygium cumini)
~ No mangrove trees or salt marsh grasses shall be desu'oyed or otherwise
altered. Plants specifically protected bg' this regulation include: all wetland
plants listed by the Florida department of environmental reguL~ion in
chapter 17-301. 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 the release of stormwater as
sheet flow from the downsu'eam end into unaltered areas of vegetation.
Access roads to and betweer, fill areas shall provide for the passage of water
in a manner approximating the natural flow 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 any portion of the estuarine zone.
Martmade lakes, ponds or other containment works shall be constructed with
a maximum slope of 30 deg:ees to a depth of six feet of ~:ater. When
mineral extraction is completed in new quarrying lakes, shoreline sloping.
planting of littoral shelves ,*ith nurse~'-grown aquatic vegetation.
restoration or revegetafion of the propers.., and disposal of spoils or tailings
shall be completed before abandonment oftbe site. Existing quan3'ing lakes
are exempt from this proxision except that g'henexer any person carries out
an activit.v defined in F.S. ~, 380.04. as amended, as development or applies
for a development permit as defined in F.S. § 380.031. as amended, to
,tevelop an.~ existing quarrying lake area. these regulations shall apply.
~e. ~'inger canals shall not be constructed in the ACSC-ST area.
h. :.'his rule shall not a~t~lv to site alterations undertaken in connection wi~h th~
~,~ricultural use of land or for the conversion of land to alzriculmrai use_.
Drainage
I
Existing drainage facilities shall not be modified so as to discharge ,*ater to
any 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 follov,.ing:
however, modifications may be made to existing facilities that will raise the
groundwater table or limit saltwater intrusion.
,,.,a.~ ,~cas sunace now regime, tttrough a spreader pond or peffotmance~
equ~valem structure or systern, either on-site or to a natural relention
filtration and flow area. New drainage facilities shall also maintain
'.'ound~ter level sufficient to protect wetland vegetation flxrough the use
of weirs or performance equi,alent structures or ~..'s~em. Said facilities shall
no! retain, divert, or otherwise block or channel th~ naturally occurring
flows in a strand, slough or estuannc a~a.
.'4e~v drainage facilities sh.~l not dischaz~e ',,,~ter into an)' coastal waters
whether directly, or through existing drainage facilities.
This rule shall not at~_ Iv to drainage facilities modified or construcled in
order to u~e land for ~a~icu~mral puroc-,-~ OT tO C~Vert land to such use.
3. Trtm~portat~on
Tramponation facilities which would retain, diveaa or otherv, ise block
surface v, ater flo~,~ shall provide for thc reestablidunenl of sbt'et flow
through the use of intetc~tor spreader systems or performance equivalent
structures and shall provide for the passage of slzeam, strand, or slough
waters through the u~ of bridges, culver~ piling cottsm~ion or
performance equiv~lem structures or systems.
Transportation facilities shall be corm,-uc'~ parallel to the local surface
flow. and shall maintain a historic ground level sufficient to pro,"ct ~mland
vegetation tl~'ough the use of weirs or performance equivalent struc~res or
systems and as feasible, the flows in such works shall be rele'ased Io natural
r~tention filtration and flows ar~aq.
Transportation facility cons, uction sites shall provide for siltation and
runoff control 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 xxa~er fioa' or tidal action.
Minimum low 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 any structure shall
meet additional federal flood insurance land management and use criteria.
24 CFR 1910. as mended, as administered by the appropriate local agency.
This rule shall not aoolv ~o structures used or intended for use in cormectio~l
with the ae~¢ultural use 9fire land.
. .... 4.8. Exceptiom.
JUN 1 0 1998
/O3
.L
Where land has an ST designation and thc proposed alteration or development area
contains 20 acres or less in gross area. and wbere 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 following conditions exist:
The proposed site alteration or site development plan will not require any
modification, with the exception of exotic vegetation removal, of th~
topography, drainage, flora, or fauna on the site.
Words Ms~b.4MN~ ate de.ecL words underlined are added.
Sec. 2.2.28
2.2.2g
Single-family principal structure where the proposed site alteration or site
development plan will not require any significant modification /
Iopography. drainage, flora, or fauna on the site. or where the alteratio}l~r
mvoh.es the renovation or replacement of a single family ru'ucture.
Significan! modification shall mean greater than ten percent of the site.
No pollutants ~,ili be discharged from the area that will degrade the air.
water or soil below ~he levels existing at the time of application.
Water manaee'menl l~-rms and Sl~ for the ormecfion and/91'
enhanc~'nem of ST ar~s ar~ of th~ minimum dimensions _~a~roved bv the
South Florida 9,'at~ Manaeement District
Oil and gas eeophvsical surveys and testing. Temocmn'v site alteration shall
ordv thom alterations involvine lanai cuttina of v~etation for surv~s anti.
¢ouiomcnt entry, drill holes not exc~dine six inches in diameter and
associated ~ith vehicle access. Trimmin~ of veee~afion for ~ routes shaJI
kept to the minimum ~id~h nec~.tw for ~'evine ~d t~ina. Th~ site d~l
restored as ~mui~d by federal. ~te and counw vermiu ~in ~ ~s of ~
All other si~e alteration or site developmem plan approvals of any si~ ~all be ~ required
· ~ 2.2.24.5.
m~ctlons ..... 4,4. and~a~
lmmokalee ~'erlay District
No.
JUN 1 0 1998
2.2.2g.2.1.
2.2.2~.3.b4-,
2.2.2~.2,2.
Utc .~.{;~
I0
2.2.29.~.1.1.
A
Words ~.-~:~ :,':.~:;~.h are deleted, words underlined a~e ~led.
2.~.22.2.L
JUN 1 0 ....
12
.S,eC. 2.2.2,8. immokalee Overlay Districl
2.2.28.1.
~2.28.2
Purt~¢ {:nd/.tent' To create thc Immokalcc Overlay Distric! w/th disIim sub
.dis:ricls for thc Durr~ of es~ablishine dcvelormcm cnlcfia ~uilablc for lh~
!and u.~ needs of the Immokalcc
Geo.~raphtc &/undari¢~ The boundaries ,,f the }mrnokal¢¢ Ov~lav District arc
.delineated c,n Map } b~lo~.
JUN
IMMOKALEE OVERLAY DISTRICT
'a orals mq~.4heeq~,~ a'e del~cd. ~ord~ ~lerl~l a~e added.
2,2.28.3.
~_tate Road 29 Commercial Sub-District: soecial conditions for the _~o~i~ r
abutfini~ SR-29. as identified on the ]mmokalee Area Maste~ Plan; re&~;,,ced ou
Mao 2; and further identified by the desi~,nation "SR29COSD" on the ao~licab],
official Collier County Zonine Arias Ma~s.
II.R. 21) COMMERCIAL OVERLAY
i
JUN 10 1~8 i
2.2.28.3&
2,2.28.3.3.
2,2.28.3.3.2.
Pttrz~o.~e and intent: The ouroose of this desiena!ion is Io orovid¢ for ~aiL office.
~r~si~nt Iodtin~ facilities and hieh~av comme~ial u~s
~ravelin~ ~ublic, ~e comm~cial u~ mus~
collator rg~'av, ~¢ emvisions of ~his suMis~fic~ are imbed
~.~m~al d~mh alon~ SR-2v ~ith dc~elo~ s~rds I~1 ~'ill
cns~ c~/nat~ acc~s ~d a~om~ha~e I~d~aoin~ ~ ~ff~n~ com~tib[
~'i~h ne~' r~dential
· .It~DIicab/lir}... Ihet~ reizulations aoolv to thc commo'cial districl alone SR-29 ·
i~lcntificd on the Immokalee Future La.nd Use Map,
~)evelopmcnt crtterio: The follo~ine standards shall aoolv to all u~q's in this 9v~rlg~-
~ul>-district. -
Access ~oinm ~o SR-29 shall comol¥ with Florida State D~_r,~--u~ci~l of
Iramoonadon oerrnittina regulations. Parce,s that do have a minimum of 440-foci
of street fi'on,.aize shall orovide access off existine adiacem roadways.
· nd should not access to SR-29,
Owr~rs of ]9'$ or combinations of lots havine less than the reouimd
may oetition the board ofzonine aooeals for a variance ~ioih ~he ~andard in this sub
disu-ict as will not be contrary to the oublic int~ when ov,'ine ~o s'-~eclal conditior~.
~~: orooe~,w, a literal enforcement of these stanches would resull
unnecessary ~ ~,d undue hardshiD~
Shared ~arkin~ arrangements between adioininc developments shall be encouraged.
Deceleration and acceleration lanes shall be ~rovide~L
Pedestriar; tri,,ffic shall be encouraged by ~roxidin~ sidev, alks. The location of Ibc'se
tLdgg~lks shall bc coordinated with adiacent ~roirc~s.
Buildings shall be s~ back from SR-29 a minimum of 2.q fee~ and from lbo rear Io~
line ~ minimum of 25 feel,
2.2.28.3.0.
Projects shall provide a ten-foot Ty~ ^ landsca~ buffer as described in section"
between vehicular right,-of-,,av ,~,ith reeuired sidewalks and adiacem rcsidentia!
develo~mer,;. Adiacem commercial uroiects shall orovide coordinated lanCl~a_m'
An area e~ual to a minimum of two and one-half ~rrcent of the total interior
vehicular use area shall be landscaped to orovjd¢ visual relief.
Buildin,s shall have a maximum height orS0 feet,
Jefferson Avenue Commercial Overlay Sub-District: soecial conditions for the
~ropertics abuttine Jefferson Avenue as identified on the Immokalee Area ~las~er
Plan: referenced on Mat> 3: and further identified bx' thc designation "JACOSD' on
~he at~olicable official Collier County Zoning Atlas Maps,
Ma~ 3
JUN 1 0
V, ord$ ~ arc del~ed. ~s ~n~lined ~ ~d~.
JEFFERSON AVENUE COMMERCIAl OVERLAY SUB-DIgTRICT (JACOgD)
".2.2g.4.Z
2.2.2g.4.4.
Purr, ose and intent The puroose of this desienation is to provide for retail, offiCe
transient Iodeine facilities and highway commc~ial uses that ~'e the n~s of the
:~veline ~ubtic. The~ commercial uses mu~T ~ I~ated on a major a~rial er
coH~gxor roadway. The orovisions of this su~di~lficl are intended to p~vide ~
i~cre~ed commercial o~nunitv alon[ Jeff~n Avenuq wi~h dev~lo~menl
5t~dards that ~'fll ~nsure c~rdinated acc~s and a~date landsca~me and
buffenne to ~ compatible with nearby residential oro~ies,
4pplicabtlit~' These reeulations aDDlv to the commercial dislric! alone Jefferson
Axenue a,~ ;dentified on the Irtlrrlokalee FuTure Land Use MaD.
De~dopment criteria: The follo~'ine standards shall aDDIv to all uses in this o~erla,,
sub-distrigt.
Access Mints for t~ture commercial do'clo~mem shall be limited to a maximum of
one ~er 150 feet of street frontaee. Pro.hies ~ith less than thc rcouired sTIr~qt
frontaec, shall be encouraeed ~9 9filizc sh~cd access points with adjoining
commercial developrnenL
Owners of lots or combination of lots ha%'ine less than the 150-foot of reauired
frontaee ma~ ~etition the board of zonine aD.als for a variance from the standard in
this sub-district as will not be contr~,' to the oublic interest when ov,'ine to s~¢ial
~;ondjtions ~culiar to the ~ro~env. a ]it~D,fl enforcement of these slandards
result in unnecessary and undue hardship~
A tcn-f00t Tv~ A landscat~ butter as identified in section 2.4 of this Co<lc shall
provided on Jeffer,son Avenue for all commercial Pmiects,
Provisions :bt shared Darkine arranslcmenxs ~ith adioininv devclonments ~hall Ipg'
encouraeed.
Commercial bufidinlzs ,~hall h,: set back from Jefferlmn A'~enue a minimum of
feet.
Commercial building ~h~ll ha'.e a maximum height of ~0 feet excluding lt;n feet for
under-huildme varking.
2.2.28.5.1.
Farm Market Oxerlav Sub-District; s~oat conditions for the DroDerlies identified
on blah 4: a;:d further identified by the desienation "FMOSD" on the anDlicaNe
official Cgllicr Count,,' Zonine Atlas MaDs.
purpose and intent The DUrl~Se of this desienation is to Provide for wholesale an~l
retail uses. outdoor aeficultural product disDlavs and ~les arens, truck Darkine.
2ackinc houses an~l ~Sociated uses. The provisions of this sub-district ~ intend¢.d
to provide retail and '.'.'holesale o~Dortunities for avficuhural businesses ~s ~sell
provide truck oarkini for aericultural sales but not within roadways and fights of
v.~v. The de'.eloDment lite,lards containe~l herein We been designed to enhance
and encourage develgpment and redevelooment.
.4m~ltcabilitv' These reeulatio~s avvlv to thc Farm Market Overlay Sub<listri¢t as
identified on Slap 4.
~ap 4
JUN 1 0 13~,8
Words :::-c:~ :~.-:~:;k are deleted. ~ord$ underlined are added.
P,¢rmttt(,d L'.~C,.r All permitted uses within thc underltim, zonin[, districts, and the
follo,.~.'in~ u.,,.'s, as identHicd ir~ thc Standar<J Industrial (r'lassHication Manual (1987),
are ~crmi~?d as a right in This sub-district.
Arzncultural Sen ices
U.~olesal(~ Trade
Agncuhur~l Outdoor Salt's
Permitted subjecl to the follo~.',,in[, pro',, ~s,gns
..L__.~.~oor sales of acrjcul~ural r~roduet~ are r)errm[~cd on imt~rove(;l or
unim~-o,,'ed ~ror~mes ~r0vided thc ar)ohcanl submit.( a s~tc de','clo~,rnttr~t
[Hah ~. nich demonstrates that t)rovtsions ,.,,ill be made to adequately addrcs}
!he fgli0',ving:
a.. vehic,41ar and Pedcstri~ trafTi¢ ,safc~,.' measures.
b. Parking I'or undevclo~d c)ro~rlics ,a-iH be calculated at a rate of
1'2-(0 ~uarc/'cci of merchandise area. A maximum of ten Dcrccq~ 'PI'
thc Darkin£ required D.' division 2.3 o/, Ibis code mat be occupied ¢,,
othcr',,.'is¢ rendered unusable~ b',' Ibc t)laccmenl of tcm~rar..
}~rueturcs. cauipmenL si,ns, and merchandise, i'he minirnum
number o£di.qbled r~arkinl~ spaces r, ursuant ~o division -').3 shall
rcquircd.
c. Limited hours ofoDcra, igr)
d, Fcncinl~. lighting.
e Fire r)rotecfion measures.
f. Sanitary/.acilhics.
~. T]'c a[~Dlic~m shah vrovidc a nolm'izcd ]ct~cr /.rom thc Dro~rlv
m"andn~ ~'rmission ~o u~i]ize thc suNccl c)roc, cnv for avricu]lural ou~d99~
s~lcs.
3. Tht ~ accrncm of one si~n. a maximum o/, 3-'? sq./,eel, or two such
for otc :,crties comainin, more ~han one s~rcc~ froniave shall bc Krn-,it[cd.
~'of'ds .~.r-.::~ :.'-.:::_~.'-, are deleled, v,o~d~ ut~derlmed art IKIded.
22.28.5.5~
4. Atrieuhural oroducts may I~ sold from a vehicle m'ovided that
vehicle is nol located in the road rieht
~. A minimum ~.foo~ landscao¢ buffo' ~ha]l be r~uired adiacent to am.
Accessory
Uses and s~ruclur~s that art acces~or,, and incidental to the oermittcd
Dlmemlona/ Standard~: As found within section 2.2.15;5.4.. Dimensiov..a.!
~e~clards. of this Code. exceot as holed btlo_~
a. Minimum floor atva. 509 muar, f~'xn snots floor area for
oermined orinci~i _agricultural s~ructures.
2.2.28f7,
Commercial Destt, n Guidelines' Subiecl to erovisions of Division 2.8..
and Si~e Desie_n Slatdants for Commercial Buildine_s and Projects. of this Code
~ct~ ~ noted b~low:
a. The followin~, uses. as identified in the Standard lnduru-ial
Classification Manual 11987L arc exm'nm from the orovisions .set
R~'th in Division 2.8. of the Archilectural and Sile Desien Stand~ra,
for Commercial Buildines ~.t Protects.
J.., Am'icultural So'vices ¢0723)
Wholesale Trade ¢514~)
3, ~ancultural Outdoor Sales;
l~nd~cantng and B.ffcrm~' Subiccl to orovjs~ons of Division
~.2.28.6.1.
2.2.2~.6.2.
3[erchandixe Storage and Di.wlav' As found ~'ithin section 2.2.15!6.5. of this Code.
excem as noted below:
a, Am'/cullural oro<lucts may be disolaved within any front vahl
:~rovided it does not adv~Tselv affect oedestrian or ,,'ehicular traffiq:
~ublic health or safety and ~s not located within the road riehl:~
~verhiv Sub-District: s~ecial conditions for the oroo~nies identified 9q
Mao 5: and fu~her identified by the desienation "AOSD" on the at~licable official
Collier Count,,. Zonimt Atlas Maoa.
Purvose and intent: The t>uroose of this desienation is to orovide for wholesale usg~
and aericulmral oackinn houses and associated uses. The ~rovisions of this sub
district are intended to orovide additional lands for aericuhural related I:,usiness,-:~
~d exoansion om~onunities for exis~imz attibusiness. The devcloornem standard,
contained htrein have been desiened to oerrni~ consi~ent land uses within the ^OSD
boundarah
Aoolicabilin.. These restulations aooh' to the Aeribusiness overlav sul;~ligrict a_
identified o~ ~ao 5.
JUN ] 0 1998
2.2.28.6.3.
2.2.28,6.~.
2.2.28.6.6,
AQRIBUSIf~ESS OVEI~LAY gUB-DI~.TgiC:T
(AC)lO)
[:'ermi,¢d L'~('~' All vcrmittcd uses within ~e undcrlvine zonine districts, and
follo~Sne uses. as idcntificcl in the Standard Industrial Classification Manual 1'!9871.
are verrnittcd as a rieht in this sub~is~ricI.
L Am'icuhural Scrviccs (0723)
Wholesale Trad~ (~ 148)
uses..
:~ structurc~ that arc~ acceders'and incidental to thc ~,,iucd
Dimensional Standard:r: As found within section 2.2.15½.4.. Dinie.sional Standargl~
of this Code.
Commercial Desten Guidelines: Subiect to rn'ovisions of Division 2.8.. Architectgra!
and Site Desien Standards for Commercial Buildines and Proietns. of this Code.
except as n~tcd b~low;
a. Thc followimz uses. as identified in the Standard Industrial Classification Manual
~1987L are cxemoi from the orovisions ~e~ forth in Division 2.8. of lhe Architecv~,.-,I
and Site Desien Standards for Commercial Buildines and Proiecis.
J.,
Am'icultural Services f0723)
g~l~olesale Trade (514~:)
/,R--n~d;~dRt~':~ff'erlne: Subject ~o otovisions of DNision 2.4,
Words ellq~d.~el~ ate del~ w~ ~ ~ ~
20
o, ~,~
JUN 1 0
'.7.287
· Ir . ·
for parkjm within the Immokalee Central Business Sub-District.
pr/marT area Lots. parcels, or uses ,,vhich ha~.'c frontacc on West Main ,qtr~t [SR
70) er First Street i~'R 846) shall compri~,. !he primar, areas.
F. xistin£, uq¢~ Uses in existence as of the effective date of this code are exemm from
the minimum parkimt reauirements as set forlh in section 2.3.16 except that existmv
uses shall n,! reduce the number of spaces belm¥ that ~,~hich is vrovided as o!' the
effective da~e of this code.
..~. ...........Expan.,ion T]')g exrransion of ['~v use shall require parking at 50 txwcent of ~he
minimum requirement as set forth in so, ion 2.3.16. for ~he expansion only.
Change in ex~sttn~ u~e ^ change of any use shall be exemm from the minimum
mrking reauireme~q~ as sm forth in section 2.3.16 up to an intensity level of one
parking strafe per 100 s~uare feel A change of use to an intensity of greater that
[thanl one st>ace _e, er 1O0 ~uar¢ feet shall reouJre parking at one t~arkin~ space ret
150 s~uare feet.
UsO in new buildings Any use in a building constructed after the effective date of
this code ,*'ill be reouired to vrovide parking at 50 ~rcent of the minimum
reauiremem as set forth in section 2.3.16.
Secondara' area Lots. oarcels, or u.~s which do not have frontage on Main Street or
Fir~ Streel shall comt~fise the secondar.' area.
£.risting u~es [;Scs jn existence as 0f lhe ~ffecljve date 9f thil; qode are exemm from
the minimum ~arkine requirements a, l~et forth in section 2.3.16 except that existin~
uses shall not reduce the number of space~ below that v, hich iS provided al~ of l~e
effecti,,¢ d~te of thi~ q90¢-
£xpan$ion The g'.~pan,iop of anx use shall reauire an addit%q tO an,,' ~arkim: of thc
minimum ~um~r of reqvired ~pac~ as ~Ct fon. h undo, ~eCtion ~ ~ for the
exvansion only
"' ' ".q 7 2 .:.
('hang¢ m ertstme me. A chance of am use shall be exempt from the minimum
parking reau. ire~ent, a~ ~et forth in secuon 2.3 16 ut~ to an mtensm.' loci of
parking spac.: per lO0 square feet. ;~ change 0fvse tO an intenSit~ creater than one
oarkine st~a..:.e ret 100 souare feel shall re{mire t~arking at 50 percent of Ihe minimum
requirement.as l~el forth under sectior~ ~.~1.6. No ehang~
reducfiqn of 'he current pumber of t>arkine spaces provi0ed.
Uses in ne~ but'/dines An',' use in a l?~:ildirlg c0nstructO afx~ the effective date of
this co~e will ~ reqgired to provide parking, at 67 percent of the minimum
r¢ouirement as set f0~h in T, eClion 2.3.16.
..... 8 7.3.
.....
Off-site parkin~ agreements In no way shall Ihe t~r0visions of the lmmokalec
central business sub-district (ICBSD) be c0n~trued ~ al~ to prevent establishments
within the boundaries from taking advar, ta£e of off-site t~r~j~ arrangements as set
forth in section 2.3.4.11. Furthermore. the maximum distances set forth in section
2.3.4.11 shall be ir~¢reagd to 60c) fees withirl ~b¢ I~oundaljes of the ICBSD.
Pror, erties within the ICBSD enterine into off-site oarkin~ agreements with
properties o ~tside the ICBSD may Utilize the 600-foot rule.
Bounffartes vlrthe district The t~hvsical limits of the Immokalee central business
0ilstrict IICP..SD~ are as shown on the official zoning atlas map of the subiect area.
and a~ desc.qbed b~Io~¥:
art deleted. ~ord$ underlmel:l are Id,tied,
'"1
pe~inning at the ir~tersection of First SIreet and Third ,a,,,¢nue, Ihe ICBSD ~undao'
~roce¢ds ~'e~crlv alone ~q.c~m~rline of T~ir~ Avenue to il~ im~cti~n ~[h North
F[~h ~treet m its in~er~tion ~'i~h Second Argue. th~ ~'e~rlv alon~ ~h~,
~t~rlinc of Sccon~ Avenue ~o ~bt northerly ext~nsion of the ~I line of Lo~ ~.
~[~ck A. JO~C~ park ~u~ivi~ion; then sou~erh' alon~ ~id Io~ line ~o the ~uth~l
comer of said lot, lhcn w~erlv alon~ the ~uth Im linc of Lots 33. ~4 ~d ~5 m th,'
~)ulh~cst comer of Lot 3~. then nonherh' alon~ the w~ Iol iin~ of Lot 35
~ntcrlinc of Second Avenue. ~hen w~lv lo [h~ ccmtrline of North Ninth
·cn ~uth~lv Io the ~s~lv ~l~sion oF Ih¢ north lot line of Lot 12. Bilk
C~n's SuM)vision. th~ e~lv. non.ely ~ ~lv ~i~h the north Io~ line
Lot 12 and cominuine e~t~ly to ihe no~ com~ of Lot 6. Bilk 4. C~'~
Su~ivision. then ~ulh~lr ~o ~he c~line of Boston Av~. then e~h' Io
ccm~linc of Fo~h Slrttl Soul~ ~ ~mh~lv to th~ w~t~ extension of the ~uth
~t line oF [.o~ ~. Bl~k 9. C~n's Addition SuMi~sion. then c~ly ~o
ccnterline of ~ird Strut Sou~. ~ ~ulh~lv Io the c~t~ine of Colo~do Avmu~
· :n e~terly lot he cem~lin~ of S~ond St~l ~utk th~ ~mh~lv ~o ~
oF Eustis Avenue. ~hen e~i~h' to the ~Vl~ extension of th~ c~t~line of F~ey
5t~t Io ~hc c:nterl~ne of ~la~ Avenue. ~h~ w~t~lv lo ihe ~u~h~ cxi~sigq
o[ ~c ~ast Im line of Lol )4, Bilk I. Mainline Su~ivision. [hen nonh~lv m
cemerline oF Ro~ Avenue. [h~n ~csl~lv lo the centerline of Somh Fi~ S~l. then
nonherh' m ~he ~int of ~i~in~.
SUBSECTION 3.B: AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION
Di~ ision 2.4.. Landscaping and Buffering. of Ordinance 91-102. as amended, the Collier Count.,,'
Land Developmem Code. is hereb.,,' amended to read as follov.'s:
DIVISION 2.4. LANDSCAPING AND BUFFERING
Sec. 2.4.7..Minimum landscape buffering and screening between uses.
_. ~.4, Amend 2.4 by the addition of ro~' = 14
2.4.75
£'ollier ¢'outm Streetscape Mu~ter Plan. Street comdors identified in Collier Naplescape
q0's Streetscape Master Plan. including areas v. ithin the right-of .~.a.v and on required
butters adjacent to the right.of-aa.',, shall adhere to the requirements of the Collier
Naplesca~ 90's Streetscape Master Plan.
Norwithstandine the A~','e, fgr required landsca~ buffer~ adiacem to an'~' deht.-of-s~av, thc
reouirenqerlt) ~f the Collier Napler, cat~¢ 90's Street~:at~¢ Master Plan shall at, ply at the time
of issuance of ansI related subsequent dex¢lo~ment order includine construction plan_;
aHendant 19..;he ao~roval of a final ~lal and or a final lille develot~meqt pl~. Where
a~t~licatio,n )f said Str~tsca~e Master plan ~;tandards and reouirements, an official
intemretatior of the Dlarmmg semites direcl~r Pursuant to ~ection 1.6.! Of lhe Collier
County Land Development Code may be requested. Furlher. the inte~retati~rl 9f th,'
Dlarmine ~ervice,~ directgr mas' be annealed to the board of zonine appeals as nreseribed bx.
sect~grl 1.6.6 of the Land Dex. elo~ment Code.
JUN 1 0 1998
TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
Words :..':-.::~ :h::;~l~ are deleted, words underlined are added.
SUBSECTION 3.C: AMENDMENTS TO SIGNS DIVISION
Division 2.5,, Signs. of Ordinance 91-102. as amended, thc Collier County Land Development
Code. is hereby amended to read as follov, s:
DIVISION 2.5. SIGNS
Sec. 2.5.5. Permitted Signs.
On-premises signs within residential districts. Tv,'o ground or v, all residential entrance or
gate signs ma.,,' be located at each entrance to a multi-family, single-family, mobile-home or
recreational vehicle park subject to the follcwing requirements.
Such signs shall contain only the name of the subdivision, the insignia or motto of
the development and shall not con~ain promotional or sales material. Said signs
shall maintain a 15-foot setback from an.v property line unless placed on a fence or
wall ~ubject to the restriction set forth in section 2.6. I I.
Thc ground or wall signs shall not exceed a combined area of 64 square feet. and
shall not exceed the height or length of the wall or gate upon which it is located.
L
In addition, dcveloomcnts with an area of 4.~ acres or more are entitled to thrc,:
boundar'v marker eround or ,.~al] signs, provided that there is a 300 fe~t separatip,
.l?¢tv,~¢n an',' two bounda~' marker signs or a boundao, marker sien anti ar} ¢ntranc,
sign to the dcvclovment. The area of b~undarv marker siena shall not exceed
~uare l'¢et each and shall not contain am promotional or sales
Sec. 2.5.7. Prohibited Signs
Sec. 2.5.12. Permit applications.
T~o blueprints or ink drawings, certified b> a Florida registered engineer or a Florida
r~zistered architect . of the plans and specifications and method of construcuon 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.Ds 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 as follow's:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
Sec. 2.6.4.
..6.4.~..I.
Sec. 2.6.15
2.6.15.1.
2.6.15.1.1
Ezeepfiom Io r~qutred yards.
Minor after.the-fact 3~trd encroachments
Minor after.tM-fact yard encroachments may be approved administratively by the
development services director. For the purpo~ of this sub~ection, minor yard
encroachments shall be dMded into two classifications:
Strucmt~ for which a certificate of occupancy =: .:.-,:. ,c:':.:=r~,.: -._--. has not
been granted. The development ,~-rvices director may administratively approve
minor after-the-fact yard encroachments of up to ~-~ $. percent of the required yard.
not to exceed a maximum of ~.~ 6 incho,
o
Structures for which a certificate of occupancy or a final develomnent order has
been granted. The development services director may adminis~'atively approve
minor after.the-fact yard encroachments of up to ten percent of the required .var&
not Io exceed a maximum of t~x) feet.
Solid waste disposal.
Pur~uam to Ordinance No. 90-30. as amended, solid baste disposal shall be required in the
form of bulk container service {garbage dUral:men) for all commercial establishments and
muhi-family projects containing five or more dwelling units under a common roof.
excluding rowhouses or toax~house~ not exceeding tv, x) stories in height upon
demonstration of adequate access to facilitate curricle pickup and that all individual units
have an enclosed location other than the rt~dential struetme, such as a carport or garage.
for the storage of individual solid '.,,aste cov. tainers, or as otherwise pertained below.
Screening. All trash or recycle receptacles shall be located so as to be ea~ily accessible
the residents and the solid waste hauler and shall be screened on at lea~ ~ sides
prevent visibility of containers by neighboring property owners and from adjacent ~treets at
the first floor level, except as provided for i~ section 2.6.15.1.3. EnclwJures shall have
minimum internal dimensions of 12 feet by i 2 feet souare, lfeouimx'd aith tares, the clear
o~nine dimension ~hall be a minimum of 12 feet and the ~ates must be eouimx-d ~ith a
device ~o hold ~hem o~n,
The following structures may be used for ~reening as required abo~e:
a. Woo~ fence.
· ,'ords ~ nrc deleted. ~,ords u~derlmed a~ added.
JUN 1 0 19 8
Concrete block and stucco ball. brick ball. masonr? ball. or walls of similar
material.
VestetatJxe. screening in conjunction w~th section . '~ ............ t x: ~ t or section '~ b. I ......': '"
above.
Screening'. as required above, shall be exempt from height limitations for fences provided
there is no obstruction of ~ ision of adjacent streets.
2.6151.3.
Scr~ning of bulk containers (garbage dumps~ers) may be exempted in: Industrial districts
(I) if [he dumpstets are located gr~er than ZOO feet from residentially zones or used
properL~ and are not located ~ithin front yards; rural agncultural districts IA) in
conjunction v. 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.
2.6.15.2.
.4ccess, Thc a¢l;ess avomach to the container' should be sufficient m accommodate a
,,chicle rcaujfin2 a minimum cleat width of 8 feet and minimum clear turnine radius of S0
f~t. Containers and ~closures shall be placed such tha~ the accessine vehicles arc not
rcquired to rtla~uvgl' in the adiacem trw.el lanes of any stzeei. Prm~sion shall be tnacle to
allow for a fgrwan:l travel oath for these , Y~,tlicles ~twre oossib]c. Wh~. backine
maneuvers art: rco_uir~i to ocrrnit ihe vehicle to continue, vrovision shall be made to
~rovide an avron at leas~ 8 fcct b~ide and ~ fc~ in len~h adiaccm to the container.
2.6.15~L
.%finimurn requirements and Iocattonal restrictions. In the case of multi family
developments with more than four units pet snmc~ure, at least one standard size bulk
container (dumpsterl per ex'eh,' ten units sh~i be required. All such containers are subject
to the following Iocational restrictions:
Solid waste bulk containers ~garbagc dumpstersl shall be permitled in all zoning
districts.
Soli't baste bulk containers ma.,,' be located ~ ithin a required yard provided they do
not encroach into a required landsc,~ area. and further provide that there be no
blockage of the xie'* of motorists or pedestrians so as to constitute a hazard.
In the case of muhi-famil.v dexelopments containing more than one structure, no
solid ~aste bulk container Igarbage dumpstert shall be located greater than 500 feet
from thc structure tt is intended to sc~e.
Exct'ptton~ The site development rcx ie~ &rector. or his designee, ma)' allo~ the
follobing cx,a. pvons to the abo~e requirements
2.6.153 I.I.J. Solid waste oulk containers ~dumpsters) ma.~ be substituted by indi,,idual solid ~aste
disposal ser,.'i~ e tunit by unit curbside pick-up! subject to the following:
JUN 1 0 1995
in the case of individually owned muhi.famil,~ dwelling units (condominiums).
individual (curbside) solid ~aste disposal service may be substituted for the
required bulk containers ~dumpsters~ upon documentation that the subject unit or
condominium association, having been turned o~er from the developer to the
residents, has voted in the majority to eliminate the use of dumpsters in favor of
individual curbside service for all or pan of particular development, subject to
acceptance from both the Collier County Solid Waste Departmem and the baste
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 the residential structure, such as a carport or garage, for the s~orage of
individual solid waste containers.
In the case of multi-family rental units bulk solid waste disposal containers
(dumpstersl shall be used unless an alternative methodology for solid waste pick-up
is appr,~ved by the Collier County Solid Waste Department and the b'as~c hauler.
~'ords ::.-,::'., ~::.;~.~. are deleled, words underlined are raided.
In thc case of a commercial use bulk solid wtste disposal containers (dumpstcv3)
shall be used unless an alternative methodology for solid v,~ste pick-up is apl~'O~,,~
by the Collier Count' Solid Wasle Dep~tment and the ssaste hauler.
2.6.2gA,
. ::r:.:'.:.'= F::.-%::: in
Words oe,v~4keoutk fu'e deleted, wo~f$ underlined ar~ added.
............... .J. JI
mi~o:.~. :nh:'.::: ::.':::m:. ~ :hr li~e.
.S.e.C. 2.6.:28. Automobile Service Statioas,
T~c followint rceulations aool¥ to the location, layout, drainaec, ooeration, fcncim,.
landscavine, varkine, architectural features, and oermitted sales and service activiti~ of
automobile sq'T'vic¢ sl.'.tions which includes convenien.:e e:rocerv stores selline motor fuels;
Purpose and Imcnt. Thc ouroosc of this sectiorl iS K, ensure that automobile service statigrl5
do no~ adv~sdv impact adiacent l~d uses. eso~iallv residential land us~. ~e hith
of t~ffic, tl~e. and intensiw of use ~s~iate0 with senqce stations. D~icul~lv thosg
~'cntx'-four hou~, may be incom~atlblc with su~oundint uses. ~eciallv r~id~tial u~s.
Therefore. m thc interest of vrotectine thc health, saf~ ~d ~l wclf~c of thc Public,
thc following rcgu!ations shall aDolv tO thc location, layout, dralnaec, o~tmn.
landscamn~, parking and pe~m~ sa~es and S~'ice acu~nes ~f automobile
~aBons:
Locatto,.a! and &to Standards. All at;tomobil¢ Sc~':CC stations shall ~cCl the
follov/ip ~ criteria:
~finimum £romaee . ,-~ automobile service station shall flat bt
Incated on a lot with less titan one hundred rift,,' (150) feel of frontage
on a vehicular right-of way,
L~ ',fen~mum der~th - One hundred cithw (180) feet.
Mm/mum lot or I~arcel area. 30.000 souare re%
Seoaratlon reouirement$ - There shall be a minimum distance of 509
feet. shortest airline measurement, betwee~ thc nearest ooints on any
lot or oarcel of land to be occtroied for automobile service s~ljgll5
and any lot or oarcel which is occuoied by an automobile r,~vice
slation, or for which a buildine ocrmit has been is_*,_,_-,d. Howev~. this
/.nc of measurement shall not cross a g-lane or e~ater arterial or
co/lector road. rather, shall follow a linear measurement alone lhe
r.'~ad frontae~,
~ ~Jn~mura yard reautrernents . all structures.
Words ~ ~te deled, d, wot~ .ndtn'lm, t,~ aa, e ~lded,.
Front yard s~tback - Fif~' I$0)
Side yard setback - Fo~ {401
~ v~ ~tb~k - Fo~ ~401 f~
~a~e r~uiremems - ~ Di~si~ 2,~ Off-S~
Architectural Desi~ - ~ Di~sion 2.8 ~t~l ~d Sim ~i~
~ ~d Guidelin~ f~ ~al Buildin~ ~ ~i~.
~ca~ing - the foll~ini i~ ~ui~
· e i~ui~s of ~x~si~ 2.4 ~ine
~eauired Lan~qa~ine ad~acent to ~'
~t which is ~ ~ of
~d~h. W~t~ ~~ ~l~ ~! ~t
under~ound oioin~ shall ~
b. ~ undulaline ~ ~ a m~im~ sl~ of 3:1
~e b~ shall ~ ~c~ ~ main~n~ ~ a ~mum
av~ee h~t of ~ {31 f~. ~e
c, ~c rca~ir~ ~ ~d palms sh~ll ~ clu~ in doublc
rows with ~ ~inimum of ~ i3)
~ shall ~ ol~t~ at !c~ fifl~ (1S~ f~ ~ c~t~ ~thin
a glu~. ~ u~ of oalms w~thin ~e ~l~f. wav buff~ shall
~ limi~ ~o I~ ~ Mi~t Io vch~cul~ ~c~
~inls. Palms shall ~ ol~t~ in $tag~ h~is. a
m~m~ oft~ {31 oalms o~ olu~. ~ac~ at a m~
9f 6~I (81 f~ ~ c~t~. ~th a m~m~ of fo~ {al f~
~ ~'~ e~h ~. A m~imum di~ce
of ~tv-~ve ~251 f~ ~'~ all ~ of tr~ clu~ shall
~ maintain~ tS~ Ili~niion I ~,
d. 1~ ~l of ~e ~ shall ~ a minimum of fou~
{ 141 f~ in bei~t at ~e time of in~llalion. T~ shall ~ve a
mi~um of a 3 1~ inch cali~ ta~ 12 i~h~ a~ve the
~undl ~d a ~x ~6) f~t ~d. A~ installatio~ s~bs shall
~ a minimum oft~ ~ 101 ~llon. five t51 f~ in hei~hL ~th a
I~e (31 f~ ~- 01~t~ four (41
~ Landscaoin~z adiaco'~l to all oth~ oroocrrv lints;
Side orooertv boundaries (othe~ tha~ those adiace'm to
ritht-of-wavsl shall be nlamed w~th sintle row hedees
c;gttsis~em with the minimutn re~uir~ncnts of Division 2.4
Landscaoine and Bufferin~
b, Rear Drooertv boundaries ¢othct than those adiacent to road
ri~t.<)f-wavsl shall be _olamed with a sinele tow hedee. The
hQd_~e shall b~ a minimum height of tout {41 feet at olamine.
29
,JUN 1 0 1999 I
I
. ..i
ola~ed at thrc~ (3) fee~ on eemcr and shall be maint~ned at a
heizht of' five (5) fe~.
Curbinz shall be mstal]ed and constructed, consist~t
minimum code temfi_ 'remems. between all oaved areas
landscaoe areas.
?ertmeter Walls - Automobile service station sites shall be seoarated
fi'ora adjacent residemiallv zoned or r~sidentiall¥ develoz~d m'o~.rties
bY an ar~hitc~-'tm'all¥ destined six (6) foot hith rnazonrv wall or fen~
utilizim materials similar in color, module and textur~ 1o those
l~ilized in the buildine- Landscanine shall 1~ olaoled on the
residemial side oflhe fence or wall.
All liehtini facilities shall be directed away from adioinine
On site luminaries shall be of Iow level, indirect diffitse rwe
and shall not exceed a F, eitht of zreater than twem~ feet above
finished ~rade.
Lithtine located underneath a canonv shall be of iow level
indir~t diffuse tvoe de~i~ned to on:wide litht only to the
vumo island areas located underneath said canc~,
(11) Rest Rooms - all rest rooms shall be located inside or lo the side or
rear of the buildinsz.
(121
St~aee. ocr Division 2.5 Si_trna_re ~ thc follo~inz rrtmlations:
Accent lightint And b,sck lithtine is orohibited on cal~ooy
A sinele oole or tround sitn shall be oennitted o~r site. not to
exceed sixty (601 ~uz,re f~'~ in area. Pole signs shall be
limited to fifteen t151 feet in beieht as me~,ed from the
trade of the varkine lot. The si~n shall be olaced within a 209
r~uare foot la~lscaoed area.
ti3)
Illuminated si~nate. Ioeos. advertisine and information is
orohibited above eas oum~,
1~ The numbo' of on-oremises directional signs shall be limited
to two (21 sisms ocr entry/exit,
Simaee identifi,~n~ air. wmser And vm~cuum aooaratus shall be
limited to a total offo~ (4) sauare feet in ~
Trash $toraee. ~ Section 2.6.15. a six fool hi~zh eric __Ity~Ll__ trash ~
~o be intem'~ted W~th the desima of the sec'vice station shall ~
(14) Storaee 2'ank~ - stor~l~e tanks shall be Ioc_~_!_,~l
Outside d~vlen, ofvroduct$, there shall be no outside disolavs of
i;~'oducts, st~ckint of lives ot mher mercha~lise.
(161 i'Tnrrance and exit . no amomobile service station shall have an
;fltra~e or exit for vehicles ~thin 200 feet alonf the
/
2.6.28.2
2.6.28.3
slrcel ot' a school. _~ublic ~la,,'~x~xl. child care crater, chun:h.
ho~ital. ~ublic library, or ~nv institution for d~nd~s or for
chil~m. ~cmt wh~e ~ch o~ is in ~h~ bilk.
~t4i(~ling color~ and color bandine on canot~v structures- Color
~¢~il banding on ~sgline canouv structures is orohibited. Canoui~
I~hall be 9f one color, consislcm with the m-edominam color of
princival stroctur~, if a~n~licable. The color of ali s~cmres on site
~bali be of soft earth tones or ravels.
E, xcevtion$.
1. Logadonal and site s~ndards in ~t. cordm~e with subsection 2.6.28.1
(5). shall not a~lv to. nor ~ ~f~in~ ~ ~i~e ~lc
~ce s~tion ~ ~v P~ U~ ~e~ ~1 ~ ~h a ~fic
~hit~t~l ~n~ ~ rite o~ ~ ~ f~ ~ ~ile ~ce
2, However. cxistine automobile service s~ations which may otherwise be
rcnder~ nonconfOrtmn~ by the orovisions of subsection 2.6.28.1. ¢61 - IlTL
cxcml fgr automobile service slatiglll within I PUD as de. bed ~n~. shall
cotrmlv with auolicable subsections of Division 1.8. Nc~conformi~ics.
Overatfonal Standard. In addition lo the r~ail dim~sin~, of automobile
fuels and oil. only the followine services may be re~dered and sales made
cxcem as indicated:
L Sales and scrvicimt of mark olu~s, bancries, distributors md
distributor vans
Sales. motmtinm balancimt and reumr 9f tir~s and ~'beel alimm~ems.
but no! r~ca~mne of tires.
Sales and reulacemera of water hoses, fm belts, brake fluid.
li~htbulbs, fuses, floor mars. ~,'mer bll4~- e~ase res~inc~, wheel
bcarines, shock absorbers, mm'ors, exl~us~ svgerns, md the like,
Provmon of vsat~, antifreeze, flush~na of thc ¢991ine 1;v~l~"Tl~, ~ir
condmomne r~ch~r£e, md thc hkc.
Providine and rex~a~nne fuel ~mrrms and lines
JUN I 0
Mitlor motor adius~ems not lnvolvm~ removal of thc head or
7, Grcasimt and lubrication.
8. Sales of cold drinks, candies, tobacco and similar convcnicnce eoods
for sersice s~don ~ but s~icHv and only as accessom
lncidenul to the .nnci~l busincss oger~tion.
9. Provision of m~d ma~s md othe~ reformation.
10, No mechanical work sl~ll be ~llowed outside of the enclosed
11. Oil dmin~ue vils or ~liances for such .umosc or tm_ air ~uroose~
shall be located ~Sthin · wholly enclosed buildin-.
Uses ~'nnissiblc at an ~utomobilc service stolon do no~ include
maior mechanical and body work. s~taieht~n~ of frarne~ or body
~arts. steam cleaning_ oaimin._z, welding, storate o~' automobiles
~m~. ~oke or oth~ ch~t~ics io ~ ~t~t ~t~ ihan
no.ally fo~ in s~h ~ti~s. An amomobile ~ce mti~ is ~t
~ili~ for the ~le of automobi]c vehicle, a ~air ~e. a ~v
~. or a ~ck~op~
Thc tt.m~x,r'~, storate of vehicles shzll be ~i~ if ~ vehicl~
~ to ~ s~c~ at ~e ~ce ~ti~ ~ if ~c v~cl~ We ~
low~ by ~c ~'ice ~tion ~d ~ ~n~ held for ~cin~ f~r an
ins~cc como~v ~ f~ mvate. ~v such vc~cl~sL o~ than
lho~ vchicl~ ~c~ ~ilv. s~l ~ ~o~ ~n ~ ~
~und~ by ~ ~uc f~cc ~t les ~ six f6~ f~ hi~. Said
vehicl~ shall not be ~ l~t~ ~ six~ {~ d~vs.
Washine and volishinn of automobiles and sale of automobile
wa.shin£ and oolishin= materials, but this only allows arno del~iline as
an accessory use. but this vtavision does not allows' carwashes ~cel~
in those zoning districts wher~ a carwash is a oermined use: and
where such carwashes shall be subieet to criteria Sl:eC4fiefl i11 the
zonint district. Carwashes shall only operate between the hours of
'/:Of) a.m. and 7:00 v.m. seven 171 days 17ct w~k.
Waiver of' distance reoutrernent, The board of zonin~ aooeals may. by
resolution. ~rant a waive~ of oar~ or all of the minimum disgrace
se~ forth in section 2.6,28. if it is demonstrated bv the agollcam and
determined by thc board of zonimz a~ls that the site eroeosed for
develooment of an automobile service station is s~rated from another
aulomobilc service station by natural or man-made boundaries, structures or
othe, features which offset or limit the necessity for such minimum distanc~
reouirernent. The board of zonimz atn.,eals decision to waive oart or all
distance reouirernent shall be based uoon the followine £acgors;
L
Whether or not the nature and p,'oe of natural or manmade boundary',
structure, or o~h~ f~m~ l~n~
and ~ exisun~ amomobile s~ce star,on is de~in~ by gbe ~ard
Io less~ the imoacl of the o~s~ s~'icc station. ~e
the ne~ for the ~ f~t die.ce rmm~t. Such ~nd~'.
structure or oth~ feaze may include, but nol ~ limit~ Io. lak~,
m~h~. nondevcl~able wtdands, d~i~a~ed ores~e ~. canals
~ a minimum ora ~l~e mmal or coll~or n~l~f-wav.
'N'hether or not the automobile service station is only en~aeed in the
s~vicint of automobiles durinE ret, ular. daytime business hours.
hence reducimt the need for the 500 foot distance teeuirement, or if in
addition to or in lieu of servicine_ the station sells food. easoline and
other convenience items during dav~ime, ni~thttime, or on a 2a-hour
Whe~h~ or not the service station is located within a shoooine centc~
~rimarilv ~c~ via a ~v~'av. h~e ~ine ~ n~ f~ ~
5~ f~t dis~e r~~ ~ if it ~u en ~ is ~c~
di~lv ~m a ola~ m~ fi~t~f-wav,
4_. ~'hether or not the trantine of the dista~e waiver will haw ll~
~dv~rse im~ac~ on adiaeent land uses. especially residemial land use~,
~aiver. re~.t¢~t ~ubrnittal reamrement~. The reoue~t for an aulomoblle
service statim waiver shall be based on the submittal of the r~uir~
aoolic,tion, a site olan. and a written market study analvs'is which iustifiea 1
32
n,.'~ for t.he additional llulomobile service statio~ in the desir,.'d location,
The site ~lan shall indicate the follmmn~:
L Thc dimensions of the subie,~
2. All vehicular onints of into'ess ~nd
q2omDliancc with all r,~uir~ments of this code includin~ the location
9f the structures on site. landsc~in~, off-str~ oarkine, site
circulation, ambitec~mal desima tmidelines. ~nd si~nate.
All orc~os~ buffer
The site ~lan shall also indicate the layout ~d ~ of I~nd uses
surmundint ~¢ ~bie~ m'mteflv within ~00 fee~. The site olan shall
show the l~ou-~ of ~e mad on which the m~tx~ed smio~ fronts or to
wh/ch access is ~ovi4~_ includin~ the ~ of ro~ the number of
l~ ~ the Ioc~tio~ of imerr, e~o~s ~nd m lane~, median
Ioe~tions tnt median widflts, for a 500 foot dista~ from the sublect
~fdd~ttonal tonal#tons. The board of zonint a_om:als shall have the ri~.ht to add
additional conditions or reouirements in order to insure conmatibilitv to the
automobile service station vdth the surroundint ar~a and the ~oals and obiecfives of
th~ Comm'ehensive Plan.
Sec. 2.6.35. Commuetcatiou towers.
2.6.35.2. Dt'finmons. As used her~n "antenna" d~s no~ ~nclude ~ w~ ~t~ or Ib~ 'receive
only' dishes tha~ haw a~ 99t~i0~ di~ of I~s th~ fo~ {a0~ inch.. A ~ow~" is a
structure for the p~m~' p~se to ~ise t~e heist of ~ ~a. ~ "~l~a structure"
~s a hue. sm~d. or olh~ m~ of ~bili~ng ~ ~t~a bu~ the pnm~ pu~se is oth~
th~ r~sing a h~t of~ ~ "Eff~ave ~i~~ m~ a ndius of six mii~ from the
re~tive tow~ ~l~ a ]~ ~i~ is ~v~. '~ eff~tive ~i~~ m~s an
a~rov~ r~ of l~s th~ six mil~. 'Z~ing di~ct" ~I~ ~ ~t;,in pl~ unit
d~'clopm~s fP~) t~t Mvc d~si~ ~u~ simil~ to ~o~ ~ifi~ in th~s
s~tion. "All,~ "~y," ~d ~e~h" me~ ~t ~ ~t towm. ~et~s.
o~s unless the ~nt~t ele~ly i~i~t~ o~ ~ d~ ~t i~lude old towm or
old aires exert in aub~tion 2.6.3~,6,13 ~lat~ to i~ion~. ~ "olW' tow~ or site
m~ a tow~ or ~ite ~at ~ ~prov~ pfi~ ~ the eff~tive date of ~i~ee No. 91
A "n~"' tow~ or ~ite m~a a tow~ or site ~ ~uim ~val ~d~ ~i~ ~tion. An
"approve" tow~ or lite i~ a tow~ or ~ite ~ w~ ~v~ ~d~ ~i~ee No. 91-8~ or
i~ approved ~d~ thi~ $~ion. ~" ~fm to a ~le o~ or ~y e~. "R~t"
me~ to rent. I~¢. or oth~i~ ~de tow~ or ~ite ~aee. ~Mo~le eo~unieation$
tow~" me~ a eo~ial v~teal single mbul~ ~lf4u~ing tow~ for non-p~lie
ant~ with ~mall eff~tive radii. "U~v~lable to ~e ~plie~t~ me~ a tow~ that
c~ot aceomm~te the a~hc~t'~ ~ ~t~ or a $:te ~at ~ot a~omm~ate
the appllc~t'l tow~. ~t~ ~d ~lat~ f~iliti~ 'Unav~l~le~ m~ that no
additional tow~ or site capacity i~ syllable to ~e. "Co~ m~ag~' inelud~
de~i~eel of the cowry m~g~. ~e ~in~ includ~ ~e plu~l ~d vice
cont~t el~ly indi~t~ others. "~v~t' m~ the Unit~ S~t~ gov~t
~d ~y ag~ey th~L the S~te of Hofi~ ~d ~y ag~ey thor. ~y municipal
co.ration ~d ~y ag~cy thief. Colli~ Co~ ~d ~y ag~y thor.
di~ct. Exc~t ~ to monocle co~unieat~on~ tow~. ~d ~e~ ~d ~t~ that
are limited t3 20 feet or less in height without conditional use approval, heights of towe~
~d $tmcture~ sp~ified hereto are exclu~.e of ~y ~t~ a~x~ th~eto and
exclusive of the respective ground elevation.
Permitted ground-mounted towers, Towers not exceeding the stated maximum heights are
a permitted use subject to other applicable provisions of this section, including separate
reqmrements and shared use provisions, Towers that exceed those specified maximum
heights requ:re e.m':,~!:!.*..-.::! :::: :~rc;':L a variance in accordance with section 2,7,5,
All co:nmercial and industrial zoning districts: Any lower up Io 75 feet in height is
a perm tied use :::~j.~: :~ .............. -: .......... ~.._'~ r:q:::::m.-nlc tarovided the base of such
tower s seoarated a minimum distance of 75 feet from the nearest boundart' with
any t~a~:el of land zoned RSF-1 through RSF-6. RMF-6. E. R~MF-I 2. RMF-IO.
VR. Mci. TTRVC. or PUD containine six residential dwellin£ units or less. Any
tower that exceeds 75 feet in height up to a height of 185 feet is a lawful use only if
permitted or otherwise provided in the respective zoning district and the base of
such tower is separated from the nearest boundary of any parcel of land zoned RSF-
I through RSF-6. RMF-6, E. P-.M]:-I2. 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 ½ times the height of the tower.) Towers which
do not meet the separation requirement may apply for a variance in accordance with
section 2.7.5.
JUN 10 1~98 '
Agricultural zoning districts within the urban designated area: Towers not
exceeding 200 feet.
Agricultural zoning districts within the rural designated area: Towers not
exceed:ng 280 feet.
Ali agricultural zoning districts: No tower that exceeds two hundred and eiehtv
(280~ feet in height exclusive of any amerma affixed thereto shall be allowed on any
site comprising less than 20 acres under common owr. e~ship or control except such
e.-, :c.':~!:!c:'.:~ '-':: :!:::. :;'F~.- tower~ can be approved aa a conditional use on sites
of less *hah 20 acres if*he tower is to be Ioc_,_!~ in *he £eneral area of the vrooosed
lqt~ and tlle a_oolicam carmo! with economic feasibility acauire title to or corm'pi of
a ~ui~abl¢ lower site of at least ~wenw ¢20) acres in t~e r~uir~l eeom-anhic vicinity
0f the vroc~s~d tower site.
SUBSECTION 3.E: AMENDMENTS TO SUBDIVISIONS DMSION
Division 3.2.. Subdivisions, of Ordinance 91-102, as ~mended, *he Collier Coun~ Land
Development Code, is h~reby amended ~o read as follows:
DIVISION 3.2 SUBDD,~ISIONS*
Sec. 3.2.4
3.2.4.10.1
3.2.4.10.2
Exempti0a~
Exemption from platting and subdivision regulations. The division of property, ocom'ine
prior to June 1, 1998. meeting *he dcfmifio~ of rural subdivision shall not require thc
subdivider to record a final plat nor comply with *he subdivision regul~ons provided in
division 3.2. The rabdivision of orooonies occm'rin~ after June 1. 1998 sl~ll not be exempt
firom ~)lartin_e and filint a preliminary subdivision plat fPS?I. However. the ao~licabiliW of
all required subdivision improvements md stmdards as set forth in section 3.2.$.3. reauired
imlnovements of Ibis code shall be determined ~ the develonmenl ae~ices ~
environmental services administrator on a case try case basis. The anolicanL thn)u~h the
greliminarv subdivision ~)lal ITSPI process may_ rmues~ waivert from certain "reauinnl
trllol-ovemenL$ . T~..: ................ r ............ r r-'-T"~ .....
-~.~-.: ....... ':·"~ !n :::.:~--:.. a" n ,n The subdivider and purchaser of property meetinl
definition fa1 of rural subdivision shall comply with Sections 3.2.4.10.2 thtoueh 3.2.4.10.4
of lhis code. The division of pro~. not metning the definition of rural subdivision is
required to comply with all requirements of division 3.2.
Deed~ and other conv~'ances. All deed~ and :,ther conveyances for properties meeting the
definition of rural subdivision pursuant to division 6,3 Ca) shall include in ten-point type the
following statement:
"NO GOVERNMENTAL AGENCY. INCLUDING COLLIER COL~NTY. SHALL EVER
BE RESPONSIBLE FOR THE MAINT£NANCE. Lq)KEEP OR 13,~PROVEM£NT OF
ANY PRIVATE DRIVES, ROADS. STREETS. EASEMENTS OR RIGHTS-OF-WAY
PROVIDING INGRESS ANT) EGRESS TO THE PROPERTT HEREIN CONVEYED".
4.10.3.
Building perm:':sfor rural subdtWstons. Buildint ~'nnits will not be issued until the final
plat i$ recordt~:...-5~ :: :..: i::::::: _c. ,-..:, J:-g -:.-~..::.:: _.
...... It .... .:7. _2277,;_ :: -:: T.;~':. t.a , :..: .r
--:-':-~ x:..~.';: ef '- '~-- -:.;-_.-~..: :.-.: '&: :'..!_'-'.~x- ;-..::.-.: r ---~-
......... o ..... r r A o
3.2.4.10.4.
Acc~s agreement. The o~'ner of prol~, applying for a building permit, which by
definition in division 6.3 fa) is deemed to be a rural subdivision, shall execute a r~leaae and
waiver agreement which shall be executed and recorded al *he applicants expense in *he
official records of Collier County. The release and waiver agreement shall be in a form
approved by the county at~omey or his designee, and shall include, at a minimum, the
following provisions and a copy of *he recorded agreement submitled with *he ptoperW.
owner's buildS~g permit application:
SUBSECTION 3.F: AMENDMENTS TO SITE DEVELOPMENT PLANS
Division 3.3.. Site Development Plans, of ordinance 91-102, as amended, the Collier County
Dcvelopmem Code, ~s hereby amended to read as follows:
DIVISION 3.3 SITE DEVELOPME,NT PLANS
Sec. 3.3.5. Site development plan review (SDP) procednre~
3. Improvements for roadway, motor vehicle and non-motor vehicle ~ circulation,
ingress and egress, parking and other a-anspormion needs, including u~afiic calming
devices, required or as may have been q~.'iiied during the preliminary site
development plan review, prepared in conformance with section 3.2.8.4
subdivision design requirement~ (for purposes of this requirement, all references to
in section 3.2.8.4 to "subdivision" rahould be read to mean development, where
applicable and appropriate).
4_, ~on-motor vehicle circulation is d¢:'ined as movement by oersons on fooL bicycle
or any other human-nowered device. Non-motor vehicle circulation ~'.all be
considered satist'ac~orv where $idew~!lt~ and bicycle facilities ~te movided in a
f~hion no less comorehensive than as outlined under sub~'fions 2.8.3.4 and
3.2.8.3.1'L Exceotions to these r~auirements shall be considered only when a
rc~ngnstrance is demonstrated.
Soecial a~ention shall be t6ven to the needs of the disabled as oreseribed by the
Americans With Di,nhilifies Act of 1990. An absence of obstructions in the oublic
righvof-wav includes vrov~dine landscaoe buffers in ~uch a w~v as lo not ere~te a
barrier (a 'moat' effect1 to lhe adiacent varcel and orovidine a ~ at any
intersection where the distance to the nearest crosswalk is m-eater than 1000 feet.
1 I___:40,.
SUBSECTION 3.G: AME.NDMENTS TO VEGETATION REMOVAL. PROTECTION AND
PRESERVATION
Division 3.9. Vegetation Removal. Protection and Preservation. of Ordinance 91-I 02, as amended.
the Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION
3.9.5.2.6.
JUI,,I ] 0 1...8
Protected vegetation proposed for removal is non-native. Replacement of non-native
vegetation shall be with native vege~ion of comparable caliper and area and shall be
subject to the approval of the development services director or his/her designee, in
the event tha, 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 landscapi::g be accepted. ~xcentions will be eTanted for removal ot'non-native
~ listed in Sections 2.4.4.9-2.4.4.1 I. The renlacemem reauirement for
this vetetatic, n shall ~ on a I:1 basis, usine the minimum mitigation size criteria
wor~ ~ are deL-,~L words muffled are ~side~L
36
39.5.5.5.
lilaed under Section 3,9,5.5.43 Replacemem naive veg, etalxm ~ be plamed
within 14 calendar days of removal.
~onifide agriculture
a~ve pre~'ati~ ~ul~
a~cul~ ~ali ~t
d~ ~ui~ by ~is
zon~ ~ for ~fial ~bhc
d~'eloommt of the 1~
SECTION 3.11: AMENDMENTS TO DEFINITIONS SECTION
Division 6.3 Definitions. of Ordinance 91-I0~ as amended, the Collier County Land Development
Code. is hereby amended to read as follows:
DIVISION 6.3. DEFINITIONS
Dwelhng. stngle-famdy or one-family: A building wlUch i ) contains only one (I) dwelling unit;
2l is intended, designed, used and occupied by :'.o more than one (i) 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 par~ of the definitions as the principal definition:
Thc dwelling shall comply with the minimum square footage requirements for
sing'e-family dwellings ofth~s code for the district in which it is located.
The dwelling shall be connected to a public sewer and water supply or to such
private facilities approved by the county health department.
The term single-famib' dwelling may include manufactured homes when placed on
permanent foundation. Manufactured homes must meet minimum width, minimum
square footage, maximum height and all other requirements applicable to on-site
built dwellings.
On-sit, built as well as manufactured homes must be firmly attached to a permanent
found:tion constructed on the site in accordance with the county building code.
In the event that a dwelling is a mobile home, it must comply 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 comolvimt with the rules and reeulations of the
Florida mobile home commission shall not be considered a sinlzle-familv dwelline.
JUt,'
mobile home shall not be oermiued in zonine districts which allow sinele-familv
Owellins~s as oermined uses unless ff, e term mobile home is ext)resslv stated as a
oerrnitxed or conditional use.
Rural Subdivtston: The dis~ision of a parcel of land within the rural area as defined herein.
whether improved or unimproved, into r:::, t.h,ree or mote contiguous parcels of land each
of which is fi,.'e acres or greater, and not including any change in a public street, fights-of-
way or access easement. The folloWing prior or future divisions of land shall conmtuxe the
subdivision o~' rural lands:
',~,'o~ds ~ are c~l~ed, words underlined ate ad,ed.
37
Lots or parcels within thc rural area that are a lofts) of record as defined herein and ~1[
sdentified on the lax roll as of I~*~'~:49g~ June I. 1908 or valid contractst
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 fight-of-way that has access to
an easement as of~ .tune 1. 1995; or.
Lots or parcels five acres or greater that are created after ta~emlm~,4v49~ June
i. 1998 that gain access through the grant of a private access easement or private
right-of-way. This form of a rural subdivision shall not be excmvt from the
oreliminarv subdi,,'ision _olaf (PSPI mocess. However. reouired subdivision
imvrovements and slandards shall be reviewed by the develoument services and
c~vironmmtal services administrator on a case by case basis.
Sig~, constr~etion: 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
architects, the contractor~ and other similar information regmting the building or structure.
Construction siens so not contain any vromotional or sales material. (See division 2.53
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County and other
applicable law. the more restrictive shall apply. If any phr.ue or pomon of the Ordinance is held invalid
or unconsuruuonal by any court of competent jurisdiction, such portion shall be deemed a separate.
distinct and indt'pcndent provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COt.tNT3' LAND DE~rT..LOPMEN'r CODE
Thc provmons offf, s Ordinance shall become and be made a part of the Land Development Code
of Colhcr Coum.v. Florida The ~ectmns of the Ordinance ma.,.' be renumbcred or rclc~tcred to accomplish
such. and ~he ~ ord 'ordinance' may be changed to "sec:mn'. "article'. or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
Th,s Ordinance shall become effective upon filing w~th the Department of State.
PASSED AN'D DULY ADOPTED by the Board of County Commissioners of Collier Count.','.
Florida. th:s ~ day of . 1998.
ATTEST:
BOARD OF COU%'TY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
BARBARA B. BERRY, CHAIRMAN
DWIGHT E. BROCK. CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
MARIORIE M. STUDENT
ASSISTANT COUNTY, ATTORNEY
J^NUARY 9~ OI/,D[NA%CL ~L f
JUN 1 0 1998
Words ~ are deleted, words ~mcleflmed ~te added.
3!
ORIGIN: Engineering Review
AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager
DEPARTMENT: Planning Services
LDC PAGE: LDC B:4 - LDC B:8
LDC SECTION: Appendix B Typical Street Sections and Right-of-Way Design Standards
CIIANGE: 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
wads, sidewalks 6 feet wide on both sides ofminor 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
o
Appendix B:
Typical Street Sections and Right. 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 LD¢ B:4, LD(~ B:$, LDC B:6.
LD(~ B:7 and LDC B:8.
APPENDIX B LDC AMENDMENT/TEK/md/H:MARIE'S LDC
JUN 1 0 1998
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