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Agenda 10/08/2003 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 8, 2003 5:05 p.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST 1 October 8, 2003 TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCATION AND PLEDGE OF ALLEGIANCE e THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. 3. ADJOURN 2 October 8, 2003 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, DIVISION 1.6, INTERPRETATIONS; DIVISION 1.8, NONCONFORMITIES; ARTICLE 2, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, INCLUDING REVISIONS TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT, INCLUDING THE GOODLAND ZONING OVERLAY DISTRICT; DIVISION 2.4, LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; AND ARTICLE 6, DIVISION 6.1, RULES OF CONSTRUCTION; DIVISION 6.3, DEFINITIONS; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF- WAY DESIGN STANDARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. OBJECTIVE: To amend the provisions of the Collier County Land Development Code to serve the best interest of the public. CONSIDERATIONS: This is the second of two public hearings required by Statute for amending the Collier County Land Development Code. Each of the amendments was presented to, and reviewed by, the Development Services Advisory Committee, thc Collier County Planning Commission, and the Environmental Advisory Committee, where applicable. Recommendations of each of these bodies are included in the summary description of the LDC amendments where an advisory body advocated revisions to the staff recommended changes. The Planning Commission held public hearings on July 16, 2003 and August 20, 2003. A summary of the review of these amendments by these entities is provided with this Executive Summary on the first eight pages of this document FISCAL IMPACT: As noted on each individual amendment in the handout. GROWTH MANAGEMENT IMPACT: AGENDA ITEM No. OCT - 8 2003 Pg. All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GMP. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners review the proposed amendments to the Land Development Code and approve as submitted, in accordance with the attached Ordinance of Adoption. PREPARED BY: RUSSELL WEBB, PRINCIPAL PLANNER, CURRENT PLANNING SECTION DATE REVIEWED BY: ,/~USAN MURRA~GER CURRENT PLANNING SECTION DATE APPROVED BY: ~RA TOR D A~/~E~a/d''~ ~/~MUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. 2 AC~ID A ITE~ OCT - 8 2003 Z Z Z ~CT Pg. © © > ! IDA ITEI~ 8 2003 .< © ! AGENDA I'1'~ No. OCT - 8 2003 P~. ~ .< © ! 1' - 8 2OO3 iCT - 8 2003 mg. ~ > > I AGENDA ITEM No. ~CT - 8 2003 0 A~A ITEM No. 3CT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Susan Murray, Current Planning Manager DEPARTMENT: Planning Services LDC PAGE(S): 1.10- 1.12.1 LDC SECTION: Division 1.6 Interpretations CHANGE: Clarification of the Amendment REASON: The current version is wordy and ambiguous. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 1.6.3. Procedures 1.6.3.1 Submission for request for interpretation, o~c ..... :.+ ....~,;^.. ~ ~equest~ for intc~retation =~a!! must be submi~ed to the plying se~ices director or chief building official ("officials"), h:~h ..... ~VV ....... , "' established by Mm. Each request must identi~ the specific l~d development code or building code citation to be inte~reted. Each request for inte~retation must be accompanied by ~e appropriate fee as set fo~h in the fee resolution adopted by the bo~d of county commissioners. A fee c~. ,h ........ , "~A ....... :~fl fir *~ ........ * ~h~11 ~ ~ ~ .... ~ +.._~ _~;~ ~.. +~ .... 1:~.., UndcT no ckcumst~ccs may thc request lot inte~retation contain more th~ t~ee issues/questions. It must not contain a single question with more th~ t~ee sub-issues or questions. If it is dete~ined by ~e approphate official that the request for inte~retation contains more th~ t~ee issues, the applicant will be required to submit a separate request accompanied by the applicable fees. AGENDA IT~cM OCT - 8 2003 1.6.3.2. Determination of completeness. After receipt of a request for interpretation h~ ~en .... ;~,~a the -~; whizhevzr ;o a~!ica~!e, appropriate official must ska!! dete~ine whether the request is complete If~e ~o~-; ...... :~ ~;~,_ ~ appropriate official dete~ines that the request is not complete, he must cka!! se~e a ~en notice on the applic~t specif~ng the deficiencies. The appropriate gha!! t~e no ~her action on the request for inte~retation ~til the deficiencies ~e remedied. AOENOA II'~M' No. OCT - 8 200 ORIGIN: AUTHOR: Margaret Wuerstle DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDCI:19,20 LDC SECTION: 1.8.10.2.1. CHANGE: REASON: Community Development and Environmental Services Division Cycle 2, 2003 Adding a sub-section dealing with nonconforming docks/boathouses. Due to the unique nature of docks and boathouses and the expense accompanying this unique nature, there is an existing need to allow for repair when the structure is destroyed, but expansion in any way will void the legal nonconforming status. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to the County, but this language is being devised, in part, due to the economic impacts to the property owner. Without this language, a dock would need to be brought up to Code when only minor repairs occur due to the elevated costs of materials and equipment necessary to perform the work. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: 1.8.10.2.1. Docks and boathouses are not subject to the provisions of Section 1.8.10.2. Docks and boathouses must be reconstructed to conform to the Code only if the reconstruction of the dock or boathouse will expand or alter the original nonconforming facility with regard to deck area, protrusion, setbacks, or the addition of any covered structure, regardless of the percentage of destruction or repairs performed. The determination of legal nonconforming status will be established by presentation of a signed, sealed survey, a copy of the Property Appraiser's record, or other dated photography or documentation showing that the facility existed in its present location and configuration prior to 1990. Any expansion of the facility, no matter how insignificant will void legal nonconforming status and r compliance to the Code. Improvements that did not exist prior to the d, OCT - 8 2003 repair of the dock or boathouse are not allowed and will also void the legal nonconforming status. AGENOA I'TE.M OCT - 8 2003 ORIGIN: AUTHOR: Center (#'s 24 and 43) DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:64.4.1 LDC SECTION: 2.2.16.2.1. CHANGE: REASON: Ordinance 2002-31 Community Development and Environmental Services Division Russell Webb (#'s 20, 41, and 50) and Public Request/North Collier Industrial LDC Cycle 2, 2003 Adding four uses to the industrial district section. The "wholesale trade--nondurable goods..." was mistakenly omitted from and needs to be added back to this section. Second, revising #20 gunsmith shops to delete the reference to shooting ranges as an accessory use and add a new paragraph for shooting ranges. Finally, adding two uses that are similar to uses already existing in this district and are included in the commercial districts as well. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: 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 r,~a!! must 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) ska!! must be a minimum of 500 feet from a residential zoning district, 0722~0724, 0761, 0782, 0783). 2. Apparel and other finished products (groups 2311--2399). Automotive repair, service, and parking (groups 7513--7549). AGENDA ITEM No. OCT - 8 2003 13" 4. Barber shops (group 7241). 5. Beauty shops or salons (7231). 6. Building construction (groups 1521--1542). 7. Business services (groups 7312, 7313, 7319, 7334~7336, 7342--7389, including auction rooms (5999), subject to parking and landscaping for retail use). 8. 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). 10. Crematories (7261). 11. Depository and nondepository institutions (groups 6011 6163). 12. Eating places (5812). 13. Educational services (8243--8249). 14. Electronic and other electrical equipment (groups 3612--3699). 15. Engineering, accounting, research, management and related services (groups 8711--8748). 16. Fabricated metal products (groups 3411--3479, 3491--3499). 17. Food and kindred products (groups 2011--2099 except slaughtering plants). 18. Furniture and fixtures (groups 2511--2599). 19. General aviation airport. 20. Gunsmith shops (groups 7699) "';*~' 21. Heavy construction (groups 1611--1629). 22. Health services (8011 accessory to industrial activities conducted on-site only). 23. Industrial and commercial machinery and computer equipment (3511--3 AGENDA ITEM OCT - 8 2003 24. Insurance agents, brokers, and service, including Title insurance (group 6361 and 6411). ~ 25. Leather and leather products (groups 3131--3199). 25.26. Local and suburban transit (groups 4111--4173). 26.27. Lumber and wood products (groups 2426, 2431--2499). 27. 28. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812--3873). 22.29. Membership organizations (groups 8611,8631). 29.30. Miscellaneous manufacturing industries (groups 3911--3999). 30. 31. Miscellaneous repair services (groups 7622--7699) with no associated retail sales. 31. 32. Motor freight transportation and warehousing (groups 4212, 4213--4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 32.33. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6. 33.34. Paper and allied products (2621--2679). 34~. 35. Personal services (groups 7211--7219). 35.36. Physical fitness facilities (group 7991). 35.37. Printing, publishing and allied industries (groups 2711--2796). 37.38. Railroad transportation (4011, 4013). 35.39. Real estate brokers and appraisers (6531). 3-9~40. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 41. Shooting range, indoor (group 7999). 40,. 42. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255-- 3273, 3275, 3281). 4&. 43. Textile mill products (groups 2211--2221, 2241--2259, 2273--2289~ 2297~ 2298). AC.,~NDA rr~ OCT - 8 2003 /7 44. Title abstract offices (group 6541). 45. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 46. Transportation by air (groups 4512---4581). 44. 47. Transportation services (groups 4724---4783, 4789 except stockyards). 4-5-:. 48. United States Postal services (4311). 46. 49. Welding repair (7692). 4-7-:. 50_Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063-- 5092, 5094--5099). 51. Wholesale trade~nondurable goods (groups 5111--5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192--5199). AGENDA ITEId No. OCT - 8 2OO3 ORIGIN: Community Development & Enviromental Services Division AUTHOR: Russ Muller DEPARTMENT: Engineering AMENDMENT CYCLE # OR DATE: Cycle 2, 2003 LDC PAGE(S): 2:124.20 LDC SECTION: 2.2.33.22.13 Garages and driveways. CHANGE: Add a separation requirement for the garage to the back of the sidewalk. REASON: The distance from the back of a sidewalk to the garage door should accommodate a parked vehicle without encroaching into the sidewalk. Common practice is to park in the driveway far enough from the garage to allow room to walk between the garage and the parked car. It is also necessary to allow space for a clear zone for the sidewalk user. Several site visits and measurements were taken to determine that a minimum of 23 feet is required. The primary concern is safety, but there are many reasons why sidewalk parking is unacceptable. Safety and health Sidewalk parking can force pedestrians into traffic. Vehicles on sidewalks make it difficult to see children as they attempt to circumvent obstructions. The weight of cars parked on sidewalks can cause breaks or separations in the concrete creating trip hazards and uneven walking surfaces. Oil from cars parked on sidewalks create slippery areas on the concrete. Even partially blocked sidewalks are difficult to navigate for the visually impaired. Walking should be encouraged to promote health. Legal aspects Florida Statutes Chapter 316.1945 Stopping, standing, or parking prohibited in specified places states no person shall stop, stand, or park a vehicle on a sidewalk. Financial aspects Collier County risks an ADA lawsuit. Sidewalk maintenance responsibilities lie with the County, homeowner associations or property owners. Cars parked on sidewalks damage pavement. Supporting Organizations Community Traffic Safety Team Pathways Advisory Committee to the MPO. OCT - 8 2OO3 n. lq FISCAL & OPERATIONAL IMPACTS: As stated above the County risks ADA lawsuits and the maintenance costs. RELATED CODES OR REGULATIONS: none GROWTH MANAGEMENT PLAN IMPACT: none Amend the LDC as follows: 2.2.33.22.13. Garages and Driveways. 1. The rear setback may be reduced to ten feet if a front-access garage is constructed on the rear of the residence. ,,.., bt"-~-a-e ,-1 ..... 1,,nll ~, ........ ; ....... ;d,v. ^r ~ ,: ,-~, The maximum width of garage doors is 16 feet. Only one driveway is allowed per 50 linear feet of front property line. "'r"T.~ ,..h~ ...... ,,,., ,.,1.,.,11 h,.,.~ ..... ; ....... ,:,.,hi., ^.g' 1 ,~' ~.+ .;-- ,1-1~ ....;,-,.1~+ ,,vag-ar-q~. The maximum width of the driveway at the right-of-way line is 18 feet. 4. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. 5. Garages shall must be recessed a minimum of three feet behind the front facade of the primary residence. 6. No carports are permitted. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. AGENDA ITEM No. OCT - 8 2003 Pg. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:124.26 LDC SECTION: CHANGE: Community Development and Environmental Services Division Cycle 2, 2003 REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: 2.2.34.4. Adding a conditional use section and, more specifically, allowing clam nurseries to be conditional uses in Goodland. The fishing net ban placed a tremendous hardship on many fisherman. This is a method to spur this rather stagnant industry while creating a minimal impact to the residents. None. None. None. Amend the LDC as follows: 2.2.34.4. 2.2.34.4.1. 2.2.34.4.2. Development criteria. The development criteria and standards for each zoning district in Goodland as provided for in this Code shall apply for all uses and structures in this overlay district unless specifically superseded below. Permitted uses. The following uses are permitted as of right in this subdistrict: Reserved. Conditional uses. The following uses are permitted as conditional uses in this subdistrict: a. Clam nursery, subject to the following restrictions: OCT - 8 2003 02/ 1) A "clam nursery" is defined as the growing of clams on a "raceway" or "flow-through saltwater system" on the shore of a lot until the clam reaches a size of approximately one-half inch. 2) For the purposes of this section, a "raceway" or "flow-through salt water system" is defined as a piece of plywood or similar material fashioned as a table-like flow through system designed to facilitate the growth of clams. 3) At no time may a nursery owner operate a raceway or raceways that exceed a total of 800 square feet of surface area. 4) The nursery must meet the requirements of a "minimal impact aquaculture facility" as defined by the Department of Agriculture. 5) The nursery must not be operated on a vacant lot, unless both of the following requirements are met: i. The vacant lot is owned by the same individual who owns a lot with a residence or habitable structure immediately adjacent to the vacant lot; and ii. The vacant lot must not be leased to another individual for purposes of operating a clam farm within the RSF-4 and VR zoning districts. 6) At no time will a nursery owner be allowed to feed the clams, as the clams will be sustained from nutrients occurring naturally in the water. 7) Only the property owner or individual in control of the property will be allowed to operate a raceway on the shore off his property within the VR and RSF-4 zoning districts. In other words, a landowner must not lease his property to another individual to use for purposes of operating a clam nursery. 8) Any pump or filtration system used in conjunction with the nursery must meet all applicable County noise ordinances and must not be more obtrusive than the average system used for a non-commercial pool or shrimp tank. 2.2.34A.!. 2.2.34.4.3. Maximum building height. As provided for in the Village Residential zoning district for each permitted, accessory, and conditional use provided that no residential building may contain more than two levels of habitable space. 2.2.3~.A.2.2.2.34.4.4. Minimum lot requirements. As provided for in the Villa~ zoning district for each permitted, accessory, and conditional use except for the foll{ Residential Wing.$,c~A ~x~ OCT - 8 2003 a. Single family/mobile home: Minimum lot area: 4,275 square feet. Minimum lot width: 45 feet. 2.2.3~.~.3.2.2.34.4.5. Minimum lot requirements. As provided for in the residential single family district (RSF-4) for each permitted, accessory, and conditional use except for the following: a. Minimum lot area: 5,000 square feet. b. Minimum lot width: 50 feet. 2.2.3~.~.~.2.2.34.4.6. Minimum yard requirements. As provided for in the residential single family district (RSF-4) for each permitted, accessory, and conditional use except for the following: a. Side yard: Five feet. AGENDA ITEM No. OCT - 8 2003 ORIGIN: AUTHOR: Russell Webb/Mike Barbush DEPARTMENT: Public Request AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:124.26 LDC SECTION: CHANGE: REASON: Community Development and Environmental Services Division Cycle 2, 2003 2.2.34.5.1. Modifying this section to allow certain commercial vehicles. The residents of Goodland have recognized a need for storage of certain commercial vehicles as long as they are within certain restrictions. FISCAL & OPERATIONAL IMPACTS: There would be a fiscal impact to the County with regard to the drainage swale issue. If vehicles are allowed to park in the swale there may be damage that would necessitate performance of repairs and maintenance. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: 2.2.34.5. Parla'ng/storage of major recreational equipment and~personal vehicles, and certain commercial vehicles. 2.2.34.5.1. Within the VR and RSF-4 zoning districts, except for specifically designated travel trailer subdivisions, boats, trailers, recreational vehicles and other recreational equipment may be stored in any yard subject to the following conditions. a. Nc, rRecreational equipment sba!! must not be used for living, sleeping, or housekeeping purposes when parked or stored. b. Ne rRecreational vehicles or equipment ska!! must not exceed 35 feet in length. Nc. .-_Recreational vehicles or equipment :,hall must not be park encroach in any county right-of-way easement. OCT - 8 2003 d. Recreational vehicles or equipment that exceed 35 feet in length :ha!! will be subject to the provisions of subsection 2.6.7.2 of this Code. 2.2.34.5.2. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning districts subject to the following conditions. a. No vehicle shall block or impede traffic. 2.2.34.5.3. Commercial vehicles 35 feet in length or less will be allowed to park at the owner's home and in the drainage swale subject to the following conditions: a. No vehicle shall block or impede traffic; b. Drainage must not be blocked or impeded in any way as a result of the parking in the swales; c. Parking will only be permitted in driveways and not in yard areas; and d. No more than two commercial vehicles may be parked at one residence/site, unless one or more of the vehicles is engaged in a construction or service operation on the residence/site where it is parked. The vehicle engaged in this service must be removed as soon as the construction or service is completed. For purposes of this subsection only, a commercial vehicle is defined as a van, pickup truck, or passenger car used for commercial purposes and licensed by the Department of Transportation. A vehicle is not considered a commercial vehicle merely by the display of a business name or other insignia. No other commemial vehicle, such as dump trucks, cement trucks, forklifts or other equipment used in the construction industry will be allowed to park at a residence or site overnight unless specifically approved by the planning services director. AGENDA ITEM No. OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Russell Webb/Mike Barbush DEPARTMENT: Public Request AMENDMENT CYCLE # OR DATE: Cycle 2, 2003 LDC PAGE(S): LDC2:124.27 LDC SECTION: 2.2.34.6.2. CHANGE: To add language for legal nonconforming sheds. REASON: There are certain sheds in Goodland that are not in strict compliance with the Code that existed prior to the adoption of the LDC. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.2.34.6.2. Parcels located off of Bayshore Drive are allowed to retain any sheds that were constructed prior to the effective date of the Code. Storage sheds for fishing and boat equipment on the boat dock parcels off of Bayshore Drive constructed after the effective date of the Code are permissible if they comply with the following requirements: 1. The appropriate building permit must be obtained. 2. Bayshore drive setback: ten feet. 3. Waterfront setback: ten feet. 4. Side yard setback: 0 feet. 5. Maximum size of shed: 144 square feet. AGENDA OCT - 8 2003 ORIGIN: AUTHOR: Russell Webb/Mike Barbush DEPARTMENT: Public Request AMENDMENT CYCLE # OR DATE: LDC2:124.27 2.2.34.7. Community Development and Environmental Services Division Cycle 2, 2003 LDC PAGE: LDC SECTION: CHANGE: Addition of a new subdivision. REASON: The addition is necessary to provide the residents of Goodland an exemption from the new sign ordinance for a short time period or until the sign is destroyed, whichever occurs first. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 2.5 GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.2.34.7. Sign requirements. All signs existing as of the effective date of this ordinance in Goodland are exempt from the requirements of the Collier County sign ordinance (Division 2.5) for five years from the effective date of this ordinance or until the sign is destroyed, whichever comes first. Any signs constructed after the effective date of the ordinance must strictly comply with Division 2.5. Sign maintenance is limited to painting existing signs. All other maintenance or repairs will void the exemption and require the owner to construct a sign that strictly adheres to Division 2.5. in the event that the owner wishes to have a sign. AGENDA ~ OCT -8 2003. ORIGIN: Community Development and Environmental Services Division AUTHOR: Margaret Wuerstle, Planning Services Director DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle 11, 2003 LDC PAGE: LDC 2:137 LDC SECTION: 2.4.3.1. CHANGE: Provide a landscape deviation process for Essential Services and Collier County Public Schools. REASON: To allow Essential Services and Collier County Public Schools flexibility when meeting landscape codes. This change is being effectuated due to the state-mandated interlocal agreement between the BCC and the Collier County School Board. In general, educational facilities are not subject to the landscaping requirements set forth below regardless; however, the School Board has agreed that they will follow these landscape provisions and only request deviations when the "State Requirements for Educational Facilities" ("SREF") requires them to do so, or for local School Board considerations such as provision for an educational program, safety or when the site is shared with other public facilities. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: Sec. 2.4.3. Procedures. 2.4.3.1 ~Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section :ha!! must submit a landscape plan to the planning services director. The landscape plan :ha!! must bear the seal of a Landscape Architect registered in the State of Florida. The landscaping required for single-family, two family, and mobile home dwelling units shall must be shown on the building permit plot plan. required to bear the seal of a landscape architect. Tk 0El - 8 2 B3 The landscape pl~ shall must be drawn to a suitable scale, include dimensions, north arrow, date, title, project owner's name, delineate the existing and proposed parking, vehicular use areas, buildings, access points, and roadways, show all utility lines or easements, and show the location of existing and proposed planting areas and vegetation communities and designate them by species name. The code- required landscaping shall must be highlighted or indicated on the plan to differentiate from the applicant's provided landscaping that is in addition to that required by this Code. Design creativity is encouraged so long as it meets the intent of this Code. The plan shall must show the location of permanent vegetation protection devices, such as barricades, curbing, and tree wells. The plan :ha!! must also include a cha~ plant legend indicating graphic plant symbol, botanical and common name, quantity, height, spread, spacing, native status, drought tolerance rating (as defined by "Xeriscape Plan Guide II" published by South Florida Water Management District, West Palm Beach, FL) and type of mulch. The plan shall must show tree and palm staking details per accepted industry practices and standards. In addition, a tabulation of the code-required landscaping indicating the calculations necessary to insure compliance with this Code shall must also appear. A certificate of occupancy shall must not be issued until approval of the landscaping plan and installation of plants and materials consistent with that approved plan has been completed and inspected by the County. 2.4.3.1.1. Public Educational Facilities and Plant, Ancilla~ Plant, and Auxiliary Facility. Essential services including Collier County Public Schools (CCPS) / public Educational and Ancillary Plants, and other public facility projects developed jointly with CCPS may demonstrate that the intent of this division can be effectively accomplished without meeting specific development standards. The applicant must request an administrative review of the alternative design, as outlined in Section 2.4.3.1.1.1. of the code. The deviations are limited to quantity of plant material and the School district must demonstrate that the deviation is necessary_ as a result of an educational program or joint use of the school site with another public facility or use. 2.4.3.1.1.1 .Procedure. In addition to the base submittal requirements, applicants shall clearly label the plan submitted as an "Alternative Landscape Code Plan". This plan shall reference the deviations on the plan. An applicant must submit a narrative description identifying the code development standards required by this section which will be addressed through t approach. The planning services director will administra tvel~q~.revlew OCT - 8 2003. submittal documents for consistency with the intent of this division. If the plan is approved through this provision, the approved deviations must be specifically noted and the basis of the approval must be stated within the site development plan approval letter. Deviations approved will be applicable only to the specific design and plan reviewed. Modifications of an approved design will void the deviation request and require resubmittal to planning services staff for re-evaluation of the request in the context of the amended design and plan. 2.4.3.1.1.2.Exemption An administrative deviation is not required for specific standards relating to placement of plant materials if the intent of the division can nonetheless be carried out without meeting these standards. The intent of the division can be demonstrated by detailing a specific health, safety, or welfare concern as defined by SREF or as may be unique to a specific site or educational program that would override the need to provide plant materials. A copy of SREF, as may be amended, is available in the records room in the Community Development and Environmental Services Division Building. AGENDA I'IT~ No. OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003 LDC PAGE(S): LDC2:141 LDC SECTION: 2.4.3.5. CHANGE: Move site lighting and landscape language from Section 2.8.3.7.2. # 4 into Division 2.4 "Landscaping and Buffering." REASON: Landscape regulations have been relocated from the architectural section of the code to the landscape section. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: 2.4.3.5. Installation. Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under subsections 2.4.3.1 and 2.4.3.2. All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 2.4.4. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. Limerock located within planting areas shall be removed and replaced with native or growing quality soil before planting. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or overhead utility lines, or where they shall require frequent pruning in order to avoid interferences with overhead power lines. 4:. Tree and site-parking lot/pole lighting locations shall be designed so as not to conflict with one another. Parking lot / P61e ~;.te lighting shall not be located in landscape islan( trees and shall be located a minimum of 10 12.5 feet from the trunk of a tree. s. AGENOA ITEM No, OCT - 8 20O3 Illustration 18 Figure x below). GRAPHIC U~IAVAILP~LE: Figure x: Compatible Tree and Lighting Design Site Light Pole (typ.) ¢OMPAT'J:BLE TREE AND DE$'r ,N Figure X Compatible Tree and Lighting Design Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within easements without written approval from all entities claiming an interest under said easement. All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation. All required landscaping shall be installed in accordance with plans approved un, - AGENOA t"t~r-M -- OCT - 8 2003 section[s] 2.4.3.1 and 2.4.3.2. Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with division 3.2 goveming the final platting of subdivision. All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved building and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code. A~A I'r~vl No. OCT - 8 2003 ORIGIN: Community Development and Environmental Services Division AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003 LDC PAGE: LDC 2:143 LDC SECTION: 2.4.4.2. CHANGE: Clearly state that palms may be substituted for up to 30% of entire parking lot plantings and Type D right-of-way buffers. REASON: Currently the code allows for a 30% substitution of palms for canopy trees. However, the code does not clearly state whether this applies to the overall site or within a specific requirement area such as interior vehicular use areas (parking lots) or within an individual right-of-way landscape buffer. Consequently, it has resulted in entire parking lots and segments of signature street corridors void of canopy shade trees. This is inconsistent with the purpose and intent section and with the Type D right-of-way section of the landscape code as well as the Collier County Landscape Beautification Master Plan. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Section 2.4.5.2 "Landscaping required in interior of vehicular use areas" and Division 2.4.7.4. "Types of buffers". GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: 2.4.4.2. Trees andpalrns. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to walkways, bike paths and rights-of-way shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread. For code-required trees, at least 50 percent of the trees at the time of installation shall be a minimum often feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. The remaining code-required canopy trees, at the time of installation, shall be a !least~,(~£nDA eight feet in height, have a 1 spread. 1/2-inch caliper (at 12 inches above the ground) and a thr¢ OCT - 8 2003 A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the following exceptions. No more than 30% of canopy trees mag be substituted by palms (or palm equivalents) within the interior of a vehicular use area and within each individual T~e D road right-of way landscape buffer. Palms must have a minimum of ten feet of clear trunk at planting. All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater. A~.~=]~I)A I'r~ OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003 LDC PAGE(S): LDC2:154 LDC SECTION: 2.4.5.4. CHANGE: Add Section 2.4.5.5. "Landscaping required for Division 2.8 buildings over 20,000 square feet". Also, mount of trees and palms has been quantified in Section 2.4.5.4. REASON: This is a relocated landscape requirement from Section 2.8.3.7.2. and Division 2.8. "Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects" to Division 2.4 "Landscaping and Buffering." FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: 2.4.5.4. Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40, 000 square feet. An area that is at least seven percent of the size of the vehicular use areas :ha!! must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and shall be in addition to the building perimeter planting area requirements. The courtyards aha!! must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area :,ha!! must be in addition to other landscaping requirements of this division, ~n~ may be used to meet the open space requirements (section 2.6.3.2), and sba!1. must be labeled "Green Space" on all subdivision and site plans. The interior landscape requirements of these projects shall be reduced to an amount equal to five percent of the vehicular use area on site. Green space shall must be considered areas designed for environmental, scenic or noncommercial recreation purposes and sba!! be pedestrian-friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not ~x ater AGENDA ITEM No. OCT - 8 2003 retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning services director deems appropriate. Green space :hah must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area~ and a minim,am of one tree or palm equivalent for each 250 square feet of green space area. The green space area shall must use existing trees where possible and landscaping credits will be allowed as governed by table 2.4.4. The green space areas shall must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. 2.4.5.5. Landscaping required for Division 2.8 buildings over 20, 000 square feet. .~k~AAWAAAA~ ~, ~ ~.~AAW ¥, JULAi~) &W'~,AAWAAA~e"'A~'~ ~,~ A~t.~AA ~,~.~I.~AJ. 0 a ,~ ,~ r ,..,* .... ;-- The following requirements, ;vi~. *~' --~*-- ~ ....... ~., will be co~ted towed the required ~eenspace ~d open space requirements of division 2.4. of this Code. 1.2. .&.~,~,~O ....... ~ ......... , ............ ~/ ....... O, Tees nve cu ar use ar~as must be a minimum of 14 to 16 feet height with a six- to eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a heir_bt of six feet. The first row of landscape islands located closest to the buildin~ front and sides must be landscaned with trees, oalms, shrubs and ~oundcovers and must have a clear trunk area to a hei~.ht of seven feet (acc ~!'-~"~:'c,n 17 GR.p~DH!C T AT l lr ATT I DTC'. T11...+..*;^-.,..,...,,..,. I '7 T~l~]~ AGENDA ITEM No. OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003 LDC PAGE(S): LDC2:156 LDC SECTION: 2.4.6.6. CHANGE: Restate more clearly the landscape requirements for building foundation plantings. Move building foundation landscape requirements from Division 2.8.3.7.3. "Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects" into Division 2.4 "Landscaping and Buffering". Per BCC Section 2.4.6.7. has been added, which requires taller trees adjacent to taller buildings. REASON: Landscape regulations have been removed from the architectural section of the code. Section 2.4.6.7. has been added to help minimize the impact of tall buildings. FISCAL & OPERATIONAL IMPACTS: Taller trees will cost two to three times more than usual. In addition, taller trees will require more landscape buffer width than we typically provide in a 10 to 15' wide buffer. Associated land costs are approximately $20 per square foot. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: 2.4.6.6. Building Fcrimctcr_foundation plantin£ areas.~,!antings. All shopping center, retail, office, apartments, condominiums, clubhouses and similar uses :ks!! must provide building pedme~ foundation plantings in the amount of 199 :quare.w~c~* w--~- 1,0OO square feet ten percent of proposed building ground level floor area. These planting areas c, ha!! must be located adjacent to the primary public building entrance(s) and/or primary street elevation and :ha!! must consist of landscape areas, raised planters or planter boxes that are a minimum of five-feet wide. These areas must be landscaped with trees and/or palms in the amount of one tree or palm equivalent per 250 square feet; shrubs and ground covers other than grass. Water management areas :ha!! must not be a part of this f,,-ve-foot--planting area. requirement. Parking lot islands will not count towards t~ LiS ACaENDA ITEM No. OCT - 8 2003 (Ord. No. 96-66, § 3.D.; Ord. No. 00-92, § 3.B.) 2.4.6.7. Building foundation planting requirements_for nc.n ind"~trial tall buildings greater than 3 stories or 35feet in height; and/or Division 2.8 buildings (including ;-'~ ..... :~ r~.,~ .... ; ......~a~.~ with a footprint greater than 20, 000 square_feet and/or parla'ng garage structures. Note: buildings subject to the requirements of this section are not subject to the requirements of the previous section 2.4. 6. 6. (a) The minimum width of building foundation planting areas must be measured from the base of the building and must relate to the adjacent building's wall height as herein defined as follows: ,4d/acent Building's Wall Height: Building height wall less than 35 feet Building wall height between 35 feet and 50 feet. Building wall height greater than 50 feet. Foundation Planting Width (contiguous around perimeter of buildimt) : 10 feet .15 feet 20 feet. (b) Trees required by this section must be of an installed size relating to the adiacent building's wall height, as defined below: Building's Wall Tree Height Tree Canopy Palm Hei£ht (feet) (feet) Spread (feet) Height (feet,) 35 to 50 14 to 16 7 16 greater than 50 16 to 18 8 20 AC.~A ITEM No. OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003 LDC PAGE(S): LDC2:157 LDC SECTION: 2.4.7.2. CHANGE: Shorten the time period from 90 to 60 days for an unoccupied business site to come into compliance with minimum landscape code. REASON: To bring vacant/defunct properties into minimum landscape code compliance more quickly. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: 2.4.7.2. Applicability. The buffering and screening shown in table 2.4 shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or there has been a discontinuance of use for a period of 90 60 consecutive days or more and a request for an occupational license to resume business is made. AGENDA ITEM No. OCT - 8 2OO3 ORIGIN: Community Development & Environmental Services Division AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003 LDC PAGE(S): LDC SECTION: CHANGE: REASON: LDC2:158 2.4.7.3. Relocate LDC Section 2.4.7.3.1. from Division 2.8. The newly created LDC Section 2.4.7.3.1. is a landscape requirement that is relocated from Division 2.8. "Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects". FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: 2.4.7.3. Standards. Unless otherwise noted, all standards outlined in section 2.4.4 s?.a!! apply. Trees and shrubs shall must be installed at the height specified in section 2.4.4.2. Water management systems, which ~,~a!! must include retention and detention areas, swales, and subsurface installations, shall-be are permitted within a required buffer provided they are consistent with accepted engineering and landscaping practice and the following criteria: 1. Water management systems shall must not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer. Water management systems r,~a!! must not exceed, at any location within the required side, rear, or front yard landscape buffer, 70 percent of the required buffer width. A minimum five-foot wide 10:1 level planting area shall be maintained where trees and hedges are required. - OCT - 8 2003 Exceptions to these standards may be granted on a case-by-case basis, evaluated on the following criteria: ao Water management systems, in the form of dry retention, may utilize an area greater than 50 percent of the buffer when existing native vegetation is retained at natural grade. bo For lots of record 10,000 square feet or less in size, water management areas may utilize an area greater than 50 percent of the required side and rear yard buffers. A level planting area of at least three feet in width r.~a!! must be provided in these buffers. Sidewalks and other impervious areas r, kall must not occupy any part of a required Alternative A, B, C, or D type buffer, except when: ao Driveways and sidewalks are constructed perpendicular to the buffer and provide direct access to the parcel. Parallel meandering sidewalks occupy the buffer and its width is increased by the equivalent sidewalk width. Co A required 15-20 foot wide buffer is reduced to a minimum often feet wide and is increased by the five to ten foot equivalent width elsewhere along that buffer. 2.4.7.3.1,,,,..~. '~ Q a ,~, .~.a Natural and manrnade bodies of water including retention areas (cxcccding.., a~'t ~ r~, .,.; .... ,,.~.,./_~,;'~'~ ~ for all developments subject to Division 2.8. 1. Con~euration of water mana£ement areas. The shane of a manmade body of water, includin~ retention and detention areas, strait-must be designed to appear natural with curvilinear ed~,es. See "Body of Water Shat~es" fi~ure below. An alternative desien may be anr~roved as a Dart of the design of the building, if the desim-t of the water management area is related tO the architectural desien of the buildine. 2. Water manaeement areas within the front yards. Nan'ow and steen water manaeement areas are prohibited within the front yards that lie between the primary facades of a buildin~ and a nublic and nrivate street. These narrow and steen water manaeement areas are defined as 12 feet or less in width with maximum slope of 4 to 1. AGENDA ITEM No. OCT - 8 2OO3 $. Required amenities. The following standards armlv to detention and retention areas exceeding twelve feet in width. All bodies of water. including wet ~n~ Jr,' retention areas exceeding 20.000 sauare feet. and which are located adjacent to a public right-of-way, shall must incomorate into overall desima of the Droiect at least two of the following items: -h.a, A walkway 5 feet wide and a minimum of 200 feet long. with trees of an average of 50 feet on center and with shaded benches, a minimum of 6 feet in length or rficnic tables with one located every 150 feet. ~, Partially shaded plaza/courtyard, a minimum of 200 sauare feet in area. with benches and/or picnic tables adiaeent to the water-body, or retention areas. ACtA ITEM No. OCT - 8 2OO3. o oJ 5O I I I 10' DO THIS I I too DON' T DO THIS-7' BODY OF WATER 5HAPE5 AGE.~A ITEM No. OCT - 8 2003 ORIGIN: AUTHOR: DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:161 LDC SECTION: 2.4.7.4. Community Development and Environmental Services Division Nancy L. Siemion, Landscape Architect LDC Cycle II, 2003 CHANGE: Remove shared/reduced landscape buffers in commercial outparcels and restore original code language. REASON: Since this language was adopted a few years ago, the minimum landscape buffer width has been reduced by 50%. Experience has shown that the required trees cannot fit in a narrower buffer. FISCAL & OPERATIONAL IMPACTS: An additional 2.5' strip of landscape buffer would add an additional 1% to the average outparcel land cost. This is based upon an average outparcel land cost of approximately $958,320 per acre. The 2.5' landscape buffer would cost $10,175 or 1% of $ 958,320. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Properties District ~~~~lal~l~l~l~ Distrirty'sPr°pe:~s I I I I I I I [ I I 13 14 AGENDA OCT - 8 2003 1. - B B B B B A A A A D A - A Agric ulture 2. A A B B B B B C B * D B - C Resid ential (E, RSF) singl famil Y 3. A B A N A B B B B * D B - C Resid ential F-6, -12, -16) multi famil Y 4. A B A A B B A B B * D B B Resid ential touris t (ax) 5. A A B B A B B B B * D B 'B Villa ge resid ential (VR) 6. A B B B B A B B B * D B B B Mobi le home (M I) AC.~.NDA I'rEM OCl - 8 2003 7. A B B B B B A A A * D B B B eom merci al3, 4~ s (C- l/T, C-3, C-4, c-5); Busin ess Park (BP) 8. A C B B B B A A2 A * D B B B Indus trial2 (i) 9. A B B B B B A A A * D B C Publi C USe (~,), com muni facilit Y (CF), Golf Cour se Club house Ame nity Cente r AGENDA ITEM No. oc'r - 8 20o3 ,,... it/"'( 10. * * * * * * * * * * D * * * Plann ed unit devel opme nt ) 11. D D D D D D D D D D - B - D Vehi cular fights -of- way 12. B B B B B B B B B B B A B C Golf cours maint enanc build ing 13. - ....... B - C Golf cours 14. A C C B B B B B C * D C C D Auto mobi le servi ce statio n The letter listed under "Adjacent Properties District" shall be i__s the landscape buffer and screening alternative required. The "-" symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and :ha!! must be based on the landscape buffer and screening of the district or use with the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, requirements of the subject zoning district shall apply. ae yard AGENDA ITEM OCT - 8 2003 lBuffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 2industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. 3Buffer areas between commercial outparcels located within a shopping center may have a shared buffer 4-~ 15 feet wide with each adiacent property contributing 7.5 feet. This does not apply to right-of-way buffers. (i) (iii) (iv) 5Refer to section 2.6.28 for automobile service station landscape requirements. GRAPHIC UNAVAILABLE: Fig. 4-Displaced commercial interior lot line landscaping (Ord. No. 96-66, § 3.D.; Ord. No. 97-26, § 3.C.; Ord. No. 98-63, § 3.B.; Ord. No. 00-8, § 3.D.; Ord. No. 00-43, § 3.D.; Ord. No. 00-92, § 3.B.) AGENOA ITEM OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003 LDC PAGE(S): LDC2:162 LDC SECTION: 2.4.7.5. CHANGE: Incorporate the "Golden Gate Community Roadways Beautification Master Plan" into the Land Development Code. REASON: It has been bought to our attention that this was directed by the Board of Collier County Commissioners in 1997. The "Golden Gate Community Roadways Beautification Master Plan" will ensure that the development adjacent to the roadways is consistent with the master plan. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Amend the LDC as follows: 2.4.7.5. '_'Collier County Streetscape Master Plan" and the "Golden Gate Community Roadways Beautification Master Plan." Street corridors identified in "Collier xT~ ...... nt~,~ County Streetscape Master Plan" and the "Golden Gate Community Roadways Beautification Master Plan", including areas within the right-of-way and on required buffers adjacent to the right-of-way, shall adhere to the requirements of the '_'Collier l~h,pt~,oapo-¢~ County Streetscape Master Plan" and the "Golden Gate Community Roadways Beautification Master Plan". Notwithstanding the above, for required landscape buffers adjacent to any right- of-way, the requirements of the "Collier County N. apt~,eape-¢g~ Streetscape Master Plan" and the "Golden Gate Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related subsequent development order including construction plans attendant to the approval of a final plat and or a final site development plan. Where the application of said 8tr-eotsoape Master Plan standards and requirements is questioned, an o interpretation of the planning services director pursuant to section 1.6.1 ...... Ar~NoA oftl~._ OCT - 8 2003. Collier County Land Development Code may be requested. Further, the interpretation of the planning services director may be appealed to the board of zoning appeals as prescribed by section 1.6.6 of the Land Development Code. OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Patrick G. White, Assistant County Attorney DEPARTMENT: County Attorney's Office. AMENDMENT CYCLE # OR DATE: 2003, Cycle 2 LDC PAGE(S): Supplement 13: LDC2:174-75 & LDC2:179 LDC SECTION: 2.5.5.2.9. & 2.5.7. CHANGE: Allow barber pole signs that otherwise meet requirements for permitted on- premises signs to be considered as a new class of special purpose sign which allows the pole of a barber pole sign to rotate when illuminated. REASON: Traditional barber pole signs have rotated when illuminated so customers would be aware that the establishment would have a licensed barber on premises to perform barber services. FISCAL & OPERATIONAL IMPACTS: This amendment will allow certain establishments employing licensed barbers to have a barber pole sign that rotates when illuminated to evidence the establishment is "open." RELATED CODES OR REGULATIONS: none GROWTH MANAGEMENT PLAN IMPACT: none Amend the LDC as follows: Sec. 2.5.5. Permitted signs. 2.5.5.1. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. 2.5.5.1.1. Development standards. Maximum allowable height. All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, or as provided within this Code. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. AC-IENDA ITEM No. OCT - 8 2003 Minimum setback. All signs within residential zoned districts and as applicable to residentially designated portions of PUD zoned properties shall not be located closer than ten feet from the property line, unless otherwise noted below or as provided for in section 2.1.13 as determined by the county for safety and operation. 2.5.5.2. Signs within non-residential districts: 2.5.5.2.5.9. Special purpose signs (on-site). Due to the unique and varied nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: 2.5.5.2.5.9.1.' Time and temperature signs. One time and temperature sign having a surface area not exceeding 12 square feet shall be permitted at each industrial, commercial or other non-residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permit. 2.5.5.2.5.9.2. Barber Pole signs. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted as a lawful sign if the following and all other applicable requirements are met: 2. 3. 4. The barber pole sign is attached to the exterior wall of an establishment providing the services of a licensed barber; Each such establishment (barbershop, salon, etc.) is limited to only one barber pole sign; No barber pole sign may move or rotate except when the establishment is open and providing the services of a licensed barber; and All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec. 2.5.5.2.5.13. for illuminated signs. 2.5.5.2.5.13. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. AGENDA ITEM No. OCT - 8 2003 Sec. 2.5.7. Prohibited signs. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: 2.5.7.1. Signs which are in violation of the building code or electrical code adopted by Collier County. 2.5.7.2. Abandoned signs. 2.5.7.3. Animated or activated signs, except special purpose time and temperature signs: and barber pole signs complying with sec. 2.5.5.2.5.9.2. 2.5.7.4. Flashing signs or electronic reader boards. 2.5.7.5.Rotating signs or displays, except barber pole signs complying with sec. 2.5.5.2.5.9.2. ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 2, 2003 LDC PAGE: LDC2:184.14 LDC SECTION: 2.6.9.2. CHANGE: Adding fire stations, EMS substations, and sheriff substations to the permitted uses in the agricultural district. Also, adding ancillary fire station services to the conditional uses in the agricultural district. REASON: There is a recognized need to provide these essential services. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Sec. 2.2.2. GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.6.9.1. Permitted uses. The following uses are allowed as permitted uses: In every zoning district: water lines, sewer lines, gas lines, telephone lines, telephone switching stations, cable television, electrical transmission and distribution lines, substations, emergency power structures, sewage lift stations, water pumping stations; essential service wells (including extraction facilities, and requisite ancillary facilities,) and any other wells which have been or will be permitted by the South Florida Water Management District or the Florida department of environmental protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law; in every zoning district: individual private wells and septic tanks, and similar installations necessary for the performance of these services. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the county's well permit application process, shall post sign(s) at the county's proposed well site is) an~i~qtjj~ provide written notice that the county has applied for a required we [1 pgl~.it to OCT - 8 2003 property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the county, including, if applicable, the times and places of the permitting agency's scheduled public hearings; In commercial and industrially zoned districts: other governmental facilities, as defined by this Code, to the extent the facility or service is required by law, rule or regulation; In the agricultural and estate zoned districts the following governmental facilities: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities; and d. In residentially zoned districts: neighborhood parkm; and In the agricultural district only (excludes the estates district): fire stations, EMS substations, and sheriff substations all outside of the area encompassed by the Rural Lands Stewardship Area Overlay in the Future Land Use Element, except as may be limited or prohibited by the Rural Fringe Mixed Use District in the Future Land Use Element. 2.6.9.2. Conditional uses. conditional uses: The following uses require approval pursuant to section 2.7.5;~_ as In every zoning district: electric or gas generating plants, effluent tanks, major re- pump stations, sewage treatment plants including percolation ponds, hospitals, hospices, water aeration or treatment plants, governmental facilities; In residential, agricultural and estate zoned districts, except as otherwise specified by section 2.6.9.1.; regional parks, community parks, safe,~' servi~e,~ --~---~--,,,,c~;';+;~" and other similar facilities; In the residential and estates districts only (excludes the agricultural district): safety service facilities; In the agricultural district only: those safety service facilities that are defined by the code and not specifically listed in paragraph "e." of section 2.6.9.1.; and In the agricultural district: ancillary fire station services, such as fire training camps, outside of the area encompassed by the Rural Lands Stewardship Area Overlay in the Furore Land Use Element, except as may be limited or prohibited by the Rural Fringe Mixed Use District in the Future Land Use Element. AGENDA ITEM No. OCT - 8 2003 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 2, 2003 LDC PAGE: LDC2:184.14 LDC SECTION: 2.6.9.2. CHANGE: Adding fire stations, EMS substations, ancillary fire station services and sheriff substations to the conditional uses in the agricultural district. REASON: There is a recognized need to provide these essential services. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Sec. 2.2.2. GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.6.9.1. Permitted uses. The following uses are allowed as permitted uses: In every zoning district: water lines, sewer lines, gas lines, telephone lines, telephone switching stations, cable television, electrical transmission and distribution lines, substations, emergency power structures, sewage lift stations, water pumping stations; essential service wells (including extraction facilities, and requisite ancillary facilities,) and any other wells which have been or will be permitted by the South Florida Water Management District or the Florida department of environmental protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law; in every zoning district: individual private wells and septic tanks, and similar installations necessary for the performance of these services. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the county's well permit application process, shall post sign(s) at the county's proposed well site(s) and shall provide written notice that the county has applied for a required we property owners within 300 feet of the~.property lines of the lots or parcel i pur~lql~ IWzM of }llt3_d on OCT - 8 2003. 5-7 _ bo Co which the applied-for well is being sought by the county, including, if applicable, the times and places of the permitting agency's scheduled public hearings; In commercial and industrially zoned districts: other governmental facilities, as defined by this Code, to the extent the facility or service is required by law, rule or regulation; In the agricultural and estate zoned districts the following governmental facilities: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities; and d. In residentially zoned districts: neighborhood parks+_. 2.6.9.2. Conditional uses. conditional uses: The following uses require approval pursuant to section 2.7.g:4_ as ao In every zoning district: electric or gas generating plants, effluent tanks, major re- pump stations, sewage treatment plants including percolation ponds, hospitals, hospices, water aeration or treatment plants, governmental facilities; bo In residential, agricultural and estate zoned districts, except as otherwise specified by section 2.6.9.1.; regional parks, community parks,~,.~.~..,~nc~*' ..... ~ ..~ ~.~-~c~m*;~..~, and other similar facilities; In the residential and estates districts only (excludes the agricultural district): safety service facilities; In the agricultural district only (excludes the estates): fire stations, EMS substations, sheriff substations and ancillary fire station services, such as fire training camps, outside of the area encompassed by the Rural Lands Stewardship Area Overlay in the Future Land Use Element, except as may be limited or prohibited by the Rural Fringe Mixed Use District in the Future Land Use Element; and In the agricultural district only: those safety service facilities that are defined by the code and not specifically listed in paragraph "d." above. AGENDA ITEM No. OCT - 8 2003 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: Community Development & Environmental Services Division Donald A. Schneider, Principal Planner Planning Services LDC2:188.1 2.6 Additions to Section 2.6.11 Fences Move Sections 2.8.3.3.3.1. and 2.8.4.2.3.1. of Division 2.8, Architectural and Site Design Standards, to Section 2.6.11.5. Fence section to include fencing standards that complement the Architectural and Site Design Standards. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGUALTIONS: GROWTH MANAGEMENT PLAN IMPACT: None None This amendment will not have an impact on the Growth Management Plan. Amend the LDC as follows: Sec. 2.6.11. Fences. 2.6.11.1. Fences in residential districts. Fences or walls shall be allowed in all zoning districts subject to the restrictions set forth in section[s] 2.6.11.2-- 2.6.11.5. 2.6.11.2. Residential districts. For the purposes of this section, residential districts shall include: RSF residential single-family; RMF-6, RMF-12, and RMF- 16 residential multiple-family; RT residential tourist; VR village residential; MH mobile home; TTRVC travel trailer-recreational vehicle park campground; and residential increments of PUD residential planned unit development districts. Fences and walls placed within required yards shall be subject to the following: 2.6.11.2.1. Fences or walls on all lots greater than one acre in area may reach a maximum height of six feet. 2.6.11.2.2. For non-waterfront interior lots one acre or less in area, fences or may reach a maximum height of six feet for side and rear yards, vails AGEI~DA I'IWr. M tt arl~ - OCT - 8 2003. 2.6.11.2.3. 2.6.11.2.4. 2.6.11.2.5. 2.6.11.3. limited to four feet within the required fi'ont yard. For waterfront lots one acre or less in area, height limits are as for non- waterfront lots, but with the additional restriction that fences or walls within the required rear yard are limited to four feet. For comer lots one acre or less in area, which by definition have only front yards and side yards, fences within required front yards are limited to four feet in height, with the exception that any portion of a front yard fence within the safe sight triangle described in section 3.2.8.3.22. of this Code is restricted to three feet in height. (Two sides of this triangle extend 30 feet along the property lines from the point where the right-of-way lines meet, and the third side is a line connecting the other two.) Fences within required side yards may reach six feet in height. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the board of zoning appeals may allow the use of barbed wire in conjunction with chain link fencing for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. Agricultural districts. For the purposes of this section, agricultural districts shall include: A agricultural; E estates; and CON conservation districts. Fences and walls within agricultural districts shall be exempt from height and type of construction requirements. ~'2.6.11,4} lndz~t:rialDi~cts. Fences or walls in ~ industrial districts not subiect to Division 2.8 shall be limited to eight feet in height. Walls and fences required contiguous or opposite residentially zoned districts. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, said nonresidential development shall provide a masonry wal or AGENDA tT~A OCT - 8 2003- (,3 .... prefabricated concrete wall/fence. If located on a contiguous property, the wall/fence shall be a minimum of six feet and a maximum of eight feet in height and shall be located a minimum of six feet from the residentially zoned district. If on a property opposite a residentially zoned district but fronting on a local street, or the properties are separated by a platted alley, the wall/fence shall be located a minimum of three feet from the rear of the right- of-way landscape buffer line and shall be four feet in height. On properties which front on more than one street, a six-foot high wall/fence shall be required along the street which is opposite the primary ingress and egress point of the project along the street frontage which is adjacent to the rear of the project. At the applicants' request, the planning services director may determine that a masonry wall/fence is not warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development, or for other good cause including the existence of a wall on an adjacent residential development. The applicant shall demonstrate that the intent of this section can be effectively accomplished, without constructing a wall, by submitting for the approval an alternative design, and a descriptive narrative through the administrative variance process set forth in subsection 2.6.11.5.7. of this Code. The planning services director will review the submitted documents for consistency with the intent of this section and, if the administrative variance is approved the fact of the approval and basis for it shall be stated in the site development plan approval letter. Vegetative plantings shall be located external to the wall/fence such that 50 percent of the wall/fence is screened within one year of the installation of said vegetative material. An irrigation system shall be installed to insure the continued viability of the vegetative screen. These regulations shall not be construed to require a masonry wall/fence for commercial development fronting on an arterial or collector roadway where the opposite side of such roadway is zoned residential or to be otherwise inconsistent with the provisions of section 2.8.2 of this Code. A wall/fence shall be constructed following site plan approval but prior to any vertical construction or any other type of improvement resulting from the issuance of a building permit. Special circumstances may warrant constructing the wall/fence inlt;:i:.:,~GE~A depending upon the location of affected residential areas ~d a~r ~TEM 2.6.11.5. 2.6.11.5.1. 2.6.11.5.2. vertical construction commences. All districts. Whenever a property owner elects to erect a chain link fence pursuant to the provisions of section 2.6.11 adjacent to an arterial/collector road in the urban coastal area said fence shall not be located nearer than three feet to the right-of-way/property line, and said fence shall be screened from view by planting a vegetative hedge a minimum of 30 inches in height at planting spaced at a distance that will achieve an opacity rating of 80 percent within one year of planting. An irrigation system shall be installed to insure the continued viability of the vegetative hedge as a visual screen of the chain link fence. This regulation shall not apply to single family homes. Structures subject to Division 2.8 Architectural & Site Design Standards shall comply with the following additional_fencing standards: Chain link and wood fences are prohibited forward of the primary faCade and must be a minimum of 100 feet from a public right-of-way. Chain link and wood fencing facing a public or private street shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallon in size and planted no more than 3 feet on center at time of installation. This plant material shall be maintained at no less than three-quarters of the height of the adjacent fence (See Illustration 6.1). bo Fences forward of the primary fagade, excluding chain link and wood are permitted under the following conditions: (1) Fences shall not exceed 4 feet in height. (2) The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. (3) The fence style must complement building style through material, color and design. (INCLUDE ILLUSTRATION 6.1) All fences and walls shall be of sound construction and shall not detract from the public health, safety and welfare of the general public. All fences and walls shall be maintained in a manner that will - AC~..NDA ITEM OCT - 8 2003 Supp. ~o. 9 mustration 6.1 LDC2:272 OCT - ~ 2003 2.6.11.5.3. 2.6.11.5.4. 2.6.11.5.5. 2.6.11.5.6. 2.6.11.5.7. 2.6.11.5.8. 2.6.11.6. 2.6.11.6.1. 2.6.11.6.2. from the neighborhood or community. Barbed wire is authorized within agricultural, commercial and industrial districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose it is to incarcerate individuals, i.e., a jail or penitentiary, or by appeal to the board of zoning appeals. No fence or wall within any district shall block the view of passing motorists or pedestrians so as to constitute a hazard. Fences and walls shall be constructed of conventional building materials such as, but not limited to concrete block, brick, wood, decorative iron or steel, and chain link. Fences and walls shall be constructed to present the finished side of the fence or wall to the adjoining lot or any abutting right-of-way. Where due to the presence of an existing fence or wall or continuous landscape hedge on the adjoining parcel, this provision may be administratively waived where said request has been requested in writing. When determined to be beneficial to the health, safety, and welfare of the public, the planning services director may approve an administrative variance from height limitations of fences and walls in all districts provided that at least one health, safety, or welfare standard peculiar to the property is identified, and that such approval does not set an unwanted precedent by addressing a genetic problem more properly corrected by an amendment to this Code. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed wall or fence except as provided for within section 2.6.11.5.7 and division 2.4. Fence height measurement for all districts. The height of a fence or wall located outside of the building line shall be measured from the ground level at the fence location. However, if the development services director determines that ground levels have been altered so as to provide for a higher fence, the development services director shall determine the ground level for the purposes of measuring the fence height. In determining whether the ground level has been altered for the purposes of increasing the height of the fence, the development services director may consider, but is not limited to consideration of, the following facts: General ground elevation of the entire lot. In the case of a lot with varying ground elevations, the average~ over the length of the fence, and at points in the vicinity of the t~ nce.~o. OCT - 8 2003 2.6.11.6.3. The ground elevation on both sides of the fence. In measuring the fence height, the ground elevation on the side of the fence location that is at the lowest elevation shall be used as a point from which the fence height is to be measured. 2.6.11.6.4. Fences or walls shall be permitted principal uses; however a fence or wall shall not, in any way, constitute a use or structure, which permits, requires and/or provides for any accessory uses and/or structures. (Ord. No. 92-73, § 2; Ord. No. 94-27, § 3; Ord. No. 99-46, § 3.D.; Ord. No. 00-92, § 3.D.; Ord. No. 02-3, § 3.E.) AGENDA ITEM No. OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Linda Bedtelyon, Community Planning Coordinator DEPARTMENT: Administration LDC PAGE: LDC 2:238 LDC SECTION: 2.7.2.3.5 CHANGE: To clarify advertising requirements for the Neighborhood Information Meeting (NIM) relative to the time that the advertisement appears in a newspaper of general circulation and to allow flexibility to the time requirement for conducting the Neighborhood Information Meeting (NIM). REASON: The existing LDC requirement for a NIM advertisement specifies that the display advertisement must appear at least seven days prior to the NIM. The code should also address the timeliness of the advertisement ensuring that the advertisement does not appear sooner than ten days prior to, but at least seven days prior to, the NIM. The existing LDC requirement for the NIM specifies that the applicant requesting a zoning change must conduct at least one public informational meeting within 30 days of receipt of County staff's initial review comments on the application. Typical reviews may involve up to 17 staff reports. If one or two reviews remain pending for any length of time, the petitioner is unnecessarily delayed from holding the NIM. The change will allow the Planning Services manager the discretion to determine that if the majority of the staff reviews have been returned, the applicant may hold the NIM. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: AGENDA I'r~J~ No._ OCT - 8 2003 b .. 2.7.2.3.5. Public participation requirements for rezonings, PUD amendments, conditional uses, variances or parking exemptions. Applicants requesting a rezoning, PUD amendment, or conditional use ~..r,,,, Neighborhood approval ska!! must conduct at least one Informational Meeting ("NIM") after initial staff review and comment of the application and before the Public Heating is scheduled with the Planning Commission. The appropriate number of staff reviews of the application returned before the NIM can be held, will be at the discretion of the current planning manager, only in cases where one or two pending reviews are unnecessarily hindering the applicant from presenting the proposal to e c ...... r--~ .~vv .................. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 2.7.2.3.2. Notification shall also be sent to property ownerS, condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations :hr`I! must be provided and maintained by the county, but the applicant :hr`I! must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, :".hr.!! must be furnished to the planning services department and the office of the board of county commissioners no less than ten days prior to the scheduled date of the public informational meeting. The applicant :hr`I! must make arrangements for the location of the meeting. The location aha'aid must be reasonably convenient to those property owners who are required to receive notice and the facilities shr`!! must be of sufficient size to accommodate expected attendance. The applicant ~,hr`!! must further cause a display advertisement, one-fourth page, in type no smaller than -1-8 12 point and :hr`!! must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, r,~d time of the meeting, and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but not sooner than ten days before, the -"~'~;~ neighborhood informational meeting. The Collier County staff planner assigned to attend the pre- application meeting, or designee, :hr`I! must also attend the public informational meeting and shall serve as the facilitator of the meeting, however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the planning services department. AGF_NDA ITEM No.. OCT - 8 2003 As a result of mandated meetings with the public, any commitments made by the applicant must be reduced to writing and made a part of the record of the proceedings provided to the planning services department. These written commitments will be made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable development approval order. Any applicant requesting variance approval or parking exemption approval shall must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient, nme-e ;* *'~- *'~- '~'~--:-~-~ **'~' '*-~-~ ;~ ~ Where it has been determined that there is a property owner, fimctioning condominium or civic association who has made formal request of the county to be notified, then the applicant must provide written documentation to the planning services department indicating that such property owner or organization has also been notified concerning the extent and nature of the variance or parking exemption requested. The applicant must provide a written account of the result of such noticing and shall submit any and all written communications to the planning services department. A list of property owners, homeowner or condominium associations notified and any other written communications must be submitted to the planning services department at least two weeks prior to the scheduled date of the first advertised public hearing. *~ +~P.:,~A ITEM OCT - 8 2003 pp!i a ....I ..... + ........ 1 a eab!e ...... ~ ........~. ORIGIN: Community Development & Environmental Services Division AUTHOR: Stan Chrzanowski, P.E. DEPARTMENT: Engineering Review Services AMENDMENT CYCLE # OR DATE: 2003, cycle 2 LDC PAGE(S): LDC2:247 LDC SECTION: 2.7.3.6 CHANGE: Add the requirement that all PUD yearly monitoring reports henceforth submitted to Collier County Planning Department must be in the form of an affidavit. REASON: PUD monitoring reports presently submitted are being prepared by personnel who lack legal accountability. FISCAL & OPERATIONAL IMPACTS: This amendment will force some Developers to hire planners, licensed engineers, or other agents to update their yearly monitoring reports. Cost will be a function of the complexity of the project. This change will result in Collier County CDES spending less time verifying the veracity of claims made on monitoring reports due to the fact that the reports will have to meet the form of an affidavit. RELATED CODES OR REGULATIONS: none GROWTH MANAGEMENT PLAN IMPACT: none Amend 2.7.3.6. the LDC as follows: Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land will not be exceeded and that development commitments will be fulfilled, annual monitoring reports c. ka!! must be submitted by the devetopergo~er(s) zr~.~..~..~~"**'^":~'~'~ ~,~...~ of a PUD to the p!a~n'~ng .... ;~ '~-~'-~'~-' '~;~'^- Community Development and Environmental Services Division Administrator or his designee. The monitoring report :ka!! must be prepared in a County approved format to include: an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and Complete, submitted annually, on each anniversary of the date said PUD was approved by the board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (buiR~Out). The monitoring report s!'.a: mu~,c,r, noA provide the following information: ~ OCT - 8 2003 n. '70 1. Name of project. 2. Name ofowner~. o Number of units, by residential type; square footage and acreage of recreational facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete and approved of {-or] for which a valid permit has been issued, but which have not been completed and any on-site or off-site commitments completed and approved as of the date of the monitoring report. Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information~ includ~g °nesite Or'off-site continentS. 5. Traffic counts for all access points to the adjacent r°adway major b.:.gkWaY network. Copies of all other required monitoring reports completed in the past year (i.e., traffic, wellfield, etc.). 7. Up-to-date PUD document which includes all approved amendments as of the date of ~ m0~tofing, r~Ort. 8. Status of commitments in PUD document, inClUding prOjeCted completion dates if then established. Other information as may be required by the pla~!ng ~ Community Development and Environmental Services Division AdministratOr or his designee. 10. Affidavit form drafted and supPlied by Collier CO~ty to be eXecuted bY the owner(s) of the PUD, AGENDA ITEM No. OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: David Weeks, AICP, Chief Planner DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 2 for 2003 (prepared May 1, 2003) LDC PAGE: LDC2:254.1 - 257 (Supp. No. 12) LDC SECTION: 2.7.7. Affordable housing density bonus CHANGE: Eliminate provision for Affordable Housing Density Bonus Agreement independent of a rezone or PUD rezone petition, except where now allowed within the Rural Lands Stewardship Area Overlay; reflect that the base density and density bonuses are applicable to most, but not all, of the coastal urban area; reflect densities and density bonus for the Immokalee urban area; and, clarify density bonuses/reductions/maximums allowed in the coastal urban area. REASON: Submittal of an independent Affordable Housing Density Bonus Agreement is only applicable to properties in jeopardy of dom-zoning pursuant to the zoning reevaluation program; it is a means by which the zoning could be retained, not down-zoned. That program was completed several years ago so there are no longer applicable properties. Clarification is needed that the base density and density bonuses - components of the density rating system - do not apply to the entire coastal urban area. For example, the Urban Residential Fringe Subdistrict is limited to a maximum density of 1.5 DU/A and is not subject to any density bonuses; and, some future land use districts and subdistricts in the coastal urban area do not allow residential uses (other than caretakers unit), such as the Urban Industrial District. Clarification is needed that the base density and density bonuses for the Immokalee urban area are different than for the coastal urban area. Need to recognize the ability to obtain affordable housing density bonus in conjunction with a Stewardship Receiving Area application (for towns, villages, hamlets and compact rural developments) within the Rural Lands Stewardship Area Overlay. Finally, clarification/correction is needed as to the density maximums/bonuses/reductions allowed in the coastal urban area. FISCAL & OPERATIONAL IMPACTS: There will be no fiscal or operational impacts as result of this amendment. RELATED CODES OR REGULATIONS: The Future Land Use Element of the Growth Management Plan (Affordable Housing Density Bonus in the Density Rating System, and Rural Lands Stewardship Area Overlay); and, the Immokalee Area Master Plan (Residential Designation). GROWTH MANAGEMENT PLAN IMPACT: None. Bonus provided for in the Future Land Use Element and Immokalee Area Master continue to be available via the rezone process. The Affordable Housing Density Plan will OCT - 8 2003 Pl. 7~ Amend the LDC as follows: Sec. 2.7.7. Affordable housing density bonus. 2.7.7.2. Affordable housing density bonus program. 2.7.7.2.1. Overview. Within most of the coastal urban designated areas identified on the future land use map of the growth management plan, a base density of four residential dwelling units per gross acre is permitted. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the base density of four residential dwelling units per gross acre, for a total of 12 residential dwelling units per gross acre, plus any other density bonuses available, and minus any density reduction for traffic congestion c.r cc.a:ta! ma~,~gemem-area required, pursuant to the growth management plan.; The total eligible density must not to exceed a total of 16 dwelling units per gross acre, except as allowed through use of transfer of development rights, as provided for in the growth management plan. Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adiusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the base density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The total eligible density must not exceed a total of 16 dwelling units per gross acre. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at a densi _ty range of one-half to four dwelling units per gross acre. The allowed density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre, for a total of eight and one-half to twelve and one- half residential dwelling units per gross acre, plus any_ other density bonuse~ - OCT ' 2.7.7.2.3. 2.7.7.2.4. 2.7.7.2.6. 2.7.7.2.7. Preapplication conference. Prior to submitting an application for AI-IDB, a preapplication conference may be scheduled with the development services director. If the proposed development is to include affordable housing, the housing and urban improvement director shall must participate in the preapplication conference. The preapplication conference provides an oppommity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may t~e **'~,..~ .v.._c~'-- ,~-,Ar v.~'- be combined with; an application for a planned unit development (PUD), a rezone, or an AP-~,.~ '~ ...., ~.~_.,,~ ..... · ,.~.~.,_~_~ a Stewardship Receiving Area. Application. An application for AHDB for a development shall must be submitted to the development services director in the form established by the development services director. One additional copy of the application as otherwise required :ha!! must be provided for the housing and urban improvement director. The application shall must, at a minimum, include: 1. Zoning districts proposed by the applicant,-4f-a~,, on the property and acreage of each; 6. Whether the AHDB is requested in conjunction with an application for a planned unit development (PUD), an application for rezoning, or an application for a Stewardship Receiving Area er ~.~ .^ur~c~ ~'~ ..... ~-~'---~--~~ ..... , agr-eeme ; 7. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. Review and recommendation by the housing and urban improvement director. After receipt of a completed application for AHDB, the housing and urban improvement director c,~a!! must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this division,~,~,~'~ ..:c apptioab~,. The housing and urban improvement director z~a!! must coordinate-a r~zon~with the development services director, an~ to schedule the AHDB application with the companion application for rezoning, planned unit development or stewardship receiving area, and shall must recommend to the planning commission and the board of county commissioners to deny, grant, or grant with conditions, the AHDB application. The recommendation of the housing and urban improvement director :,~a!! must include a report in support of his recommendation. Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the housing and urban improvement director, the planning c shall .must schedule and hold a properly advertised and duly noticed public hear~, on OCT - 8 2003 the application. If the application has been submitted in conjunction with an application for a PUD, then the hearing :ha!! must be consolidated and made a part of the public hearing on the application for the PUD before the planning commission, and the planning commission shall must consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the heating shall must be consolidated and made a part of the public heating on the application for rezoning before the planning commission, and the planning commission :kal! must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in coniunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for stewardship receiving area. Ln the. zvznt that close of the public heating, the planning commission :ha!! must review and evaluate the application in light of the requirements of this division and the requirements for a rezoning, PUD rezoning, or stewardship receiving area, as applicable, and :ha!! must recommend to the board of county commissioners that the application be denied, granted granted with conditions 2.7.7.2.8. Review and determination by board of county commissioners. Upon receipt by the board of county commissioners of the application for AHDB and the written recommendation and report of the housing and urban improvement director and recommendation of the planning commission, the board of county commissioners :ha!! must schedule and hold a properly advertised and duly noticed public heating on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), then the heating shall must be consolidated and made a part of the public hearing on the application for the planned unit development (PUD) before the board of county commissioners, and the board of county commissioners shall must consider the application for AHDB in conjunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing :ha!! must be consolidated and made a part of the public hearing on for rezoning before the board of co~_~commissioners, and the I: )ard ~ OCT - 8 2003 commissioners shall must consider the application for Al-IDB in conjunction with the application for rezoning. If the application has been submitted in coniunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the board of county commissioners, and the board of county commissioners must consider the application for AHDB in coniunction with the application for stewardship receiving area. close of the public hearing, the board of county commissioners shall must review and evaluate the application in light of the requirements of this division and the requirements for a rezoning, and shall must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring A~--.~..NDA ITEM No. OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Russ Muller DEPARTMENT: Engineering AMENDMENT CYCLE # OR DATE: Cycle 2, 2003 LDC PAGE(S): 3:53 LDC SECTION: 3.2.8.4.16.21 CHANGE: Add a separation requirement for the garage to the back of the sidewalk. REASON: The distance from the back of a sidewalk to the garage door should accommodate a parked vehicle without encroaching into the sidewalk. Common practice is to park in the driveway far enough from the garage to allow room to walk between the garage and the parked car. It is also necessary to allow space for a clear zone for the sidewalk user. Several site visits and measurements were taken to determine that a minimum of 23 feet is required. The primary concern is safety, but there are many reasons why sidewalk parking is unacceptable. Safety and health Sidewalk parking can force pedestrians into traffic. Vehicles on sidewalks make it difficult to see children as they attempt to circumvent obstructions. Thc weight of cars parked on sidewalks can cause breaks or separations in the concrete creating trip hazards and uneven walking surfaces. Oil from cars parked on sidewalks create slippery areas on the concrete. Even partially blocked sidewalks are difficult to navigate for the visually impaired. Walking should be encouraged to promote health. Legal aspects Florida Statutes Chapter 316.1945 Stopping, standing, or parking prohibited in specified places states no person shall stop, stand, or park a vehicle on a sidewalk. Financial aspects Collier County risks an ADA lawsuit. Sidewalk maintenance responsibilities lic with the County, homeowner associations or property owners. Cars parked on sidewalks damage pavement. Supporting Organizations Community Traffic Safety Team Pathways Advisory Committee to the IMPO. AGENDA ITEM No. OCT - 8 2003 FISCAL & OPERATIONAL IMPACTS: As stated above the County risks ADA lawsuits and the maintenance costs. RELATED CODES OR REGULATIONS: none GROWTH MANAGEMENT PLAN IMPACT: none Amend the LDC as follows: 3.2.8.4.16. Streets. The street layout of all subdivisions or developments shall be coordinated with the street systems of the surrounding areas. Adjacent properties shall be provided with local street interconnections unless topography, other natural features or other ordinances/regulations do not allow or require said connections. All arterial or collector streets shall be planned to conform to the Collier County comprehensive plan. Collector and arterial streets within a development shall not have individual residential driveway connections. Their location and right-of-way cross section must be reviewed and approved by the county transportation services division during the preliminary subdivision plat review process. All subdivisions shall provide rights-of-way in conformance with the comprehensive plan and the right-of- way cross section contained in appendix B. All streets shall be designed and constructed to provide for optimum vehicular and pedestrian safety, long service life and low cost of maintenance. Street access. Every subdivision or development shall have legal and adequate access to a street dedicated for public use and which has been accepted for maintenance by or dedicated to the State of Florida or Collier County, as described in LDC, section 3.2.8.3.1. When a subdivision or development does not immediately adjoin such a street, the applicant shall provide access to the development from a dedicated street in accordance with these regulations and provide legal documentation that access is available to the project site. All lots within a subdivision or development shall be provided legal access to a street dedicated for public use. Adjoining or proposed adjoining street systems. The arrangement of streets in subdivisions or developments may be required to make provision for the continuation of existing or proposed collector or arterial streets to and from adjoining properties, whether developed or undeveloped, and for their proper projection to ensure a coordinated and integrated street system per requirements of the growth management plan, this Code or other ordinances and regulations. Where a subdivision or development abuts an existing or proposed public arterial or collector street, buffering shall be required per division 2.4. AGENDA ITEM No. OCT - 8 2003 Local streets. Use of local streets by cut through traffic shall be discouraged, using methods (like traffic calming) that do not compromise connectivity or reduce the number of access points to the subdivision. Traffic analysis. If the proposed land development or subdivision will generate traffic volumes in excess of 1,000 ADT (average daily trips) or 100 vehicles per hour, peak hour/peak season, whichever is more restrictive, then a traffic analysis, prepared by a professional engineer, shall be provided by the developer. The analysis shall show the impact on the proposed internal streets of the subdivision or development and existing externally affected streets. The analysis shall be used to determine the street classification, width and number of traffic lanes internal to the development and any requirements for off-site (external) improvements on the existing street system per the Collier County growth management plan. Street right-of-way width. The minimum right-of-way widths to be utilized shall be as follows and, where applicable, shall be clarified by the cross sections contained in appendix B. and will be directly related to traffic volume as indicated in the definition of each street continued herein and where applicable clarified by the cross sections contained in appendix B. Private street right-of- way widths and design may be determined on a case-by-case basis in accordance with section 3.2.7.2. Street Type (feet) All Streets Cul-de-sac 60 Local 60 Minor collector 80 Minor collector 80-- 100 (divided) Major collector or minor arterial* As determined for median and mm lanes R/W Width* Number of Lane Width (feet) lanes 2 10 2 10 2 11-12 2 11--12 4 11--12 Note: Any rural cross sections approved may require expanded right-of-way widths for additional shoulder and swale facilities. Design to be approved on a case-by-case basis. *If an alley is utilized, the right-of-way width may be reduced upon approval of the transportation services administrator. A~A No._ OCT Dead-end streets. Dead-end streets shall be prohibited except when designed as a cul-de-sac. When a street is designed to be extended when the adjacent property is developed, a temporary cul-de-sac and right-of-way shall be designed. Culs- de-sac in excess of 1,000 feet shall not be permitted unless existing topographical conditions or other natural features preclude a street layout to avoid longer culs-de-sac. When conflicts occur between the design standards of this division and Collier County Ordinance [No.] 86-54, the County Fire Protection Code, or its successor ordinance [see Code ch. 58, art. III], the standards of this division shall take precedence. Culs-de-sac shall have a minimum 40-foot pavement radius (to back of valley gutter) and 60-foot right-of-way radius. If islands are to be installed within a cul- de-sac, they shall have a minimum 45-foot outside edge of pavement and an inside edge of pavement radius of no greater than 25 feet (See Figure 4 below). Graphic Unavailable (Figure 4) Curbs/valley gutter. All streets shall be provided with valley gutter or curbs to provide for drainage. Curbs shall be required at street intersections and for those areas requiring additional vehicular protection. All required intersection curbs shall extend ten feet beyond the radius. Intersection radii. Street intersections shall be provided with a minimum of a 25- foot radius (edge of pavement) for local or cul-de-sac streets and 40-foot radius for collector, arterial and commercial/industrial streets. If two local or cul-de-sac streets intersect at less than 90 degrees, a radius of greater than 30 feet may be required. Intersection right-of-way lines shall be provided with no less than a 25- foot radius, or as approved by the community development and environmental services administrator. Ail intersections shall be provided with ramps where sidewalks are required. Intersections and street jogs. Wherever feasible, streets shall be arranged so as to intersect at right angles. Two streets shall not intersect at an angle less than 60 degrees. When an intersection occurs on a curve, it should be made radially at the point of intersection, with a minimum 75-foot tangent measured from intersecting centerlines. All local cross streets or stop streets should provide a minimum 50-foot tangent measured from intersecting centerline. Any proposed deviation to the tangent requirements must be supported by design calculations submitted by the applicant's professional engineer. The calculations must be based on the roadway speed limit and the Florida Department of Transportation "Green Book" standards for degree of curvature. Streets classified higher than local shall be provided with appropriately larger tangents, supported by design calculations. AGENDA tTEM OCT - 8 2003 Supp. No. 13 Cul-de-ea~ Detail Not to Sr. nto FiSm'e 4 LDC3:50.1 OCT - 8 2003 Street jogs, at intersections, shall be prohibited. In no case shall intersections be located closer than 100 feet apart, as measured between closest fight-of-way lines. The use of the 100-foot intersection separation criteria shall be used only when a traffic impact analysis indicated that neither intersection will require mm lanes or signalization. Intersections of more than two streets shall be subject to the approval of the community development and environmental services administrator. 10. Reverse curves. Tangents shall be provided for all streets, between reverse curves, according to the following, unless otherwise approved by the community development and environmental services division administrator pursuant to section 3.2.7.2. Street Classification Cul-de-sac Local Minor collector/commercial/industrial All other streets Tangent (Minimum) (feet) 25 50 75 100 11. Construction in muck or clay areas. The design of street proposed in excessive muck areas shall be considered on an individual basis and may, where so directed by the development services director, require the use of under drains. Alternate methods of construction may be considered by the development services director based on a design study, containing soil testing data, and recommendations prepared by a geotechnical engineer licensed to practice in the State of Florida and supported by the applicant's professional engineer. 12. Materials. Streets shall include a stabilized subgrade, base and wearing surface in accordance with standards designated by the development services director and as shown in the typical sections. ao Subgrade and shoulders. All subgrade and shoulders shall be stabilized to a depth of 12 inches and to the full width as shown on the typical section drawing. The stabilized area shall be free of muck, roots and other objectionable material. The subgrade and shoulders shall be stabilized and compacted to obtain the minimum limerock bearing ratio (LBR) of 40 LBR and at least 98 percent of maximum density as determined by AASHTO T180. If the bearing value of the natural soil is less than that specified, the subgrade and shoulders shall be stabilized in accordance with section 160 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition thereof). The construction of the subg and shoulders shall generally conform to sections 160-8 and 160-! ade AGENDA IT~..I~ of No. OCT - 8 2003. the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition thereof). Base. The base shall be compacted limerock constructed to the thickness specified in the typical section drawing for the class and type of road to be constructed, and shall be built to the specified width and centered on the subgrade. Limerock used for the base shall meet the standard specifications for grade no. 2 limerock and shall be compacted to obtain at least 98 percent maximum density as determined by AASHTO TI 80. Construction and materials of the base shall conform to sections 200 and 911 of Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition thereof). Alternate base courses that meet FDOT specifications may be considered and approved by the development services director. Prime. The base shall be primed with type RC-70 bituminous material of SS-1 (asphalt emulsion) and shall comply with section 270-2 of the standard Florida department of transportation specifications. Surface course. The surface course thickness and width shall be as specified in the typical section drawings. The processing of the mixture and construction of the surface course shall comply with sections 320, 330 and 332 of the standard Florida department of transportation specifications. Grass. All areas within the right-of-way not receiving the surface course shall receive seed, fertilizer and mulch in accordance with sections 570, 981,982 and 983 of the standard Florida department of transportation specifications. Where sod is specified by the development services director for erosion control, it shall be installed prior to preliminary acceptance of the roadway. Maintenance. The applicant shall be responsible for maintenance of the roads for the period between preliminary and final acceptance as specified herein. This includes workmanship, materials, and all repairs and maintenance. Testing. The applicant shall have the subgrade and shoulders tested for compaction and limerock bearing ratio (LBR) at intervals set forth in the latest edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction or as directed by the development services director. The subgrade and base shall be tested for compaction by a certified engineering testing laboratory. Prior to acceptance by the county, a copy of the test results along with a statement of compliance issued by the testing laboratory, shall e furnished to the development services director. AC, ENOA ~XEM OCT - 8 2003 Inspection. During construction, a field inspection shall be made by the development services director. It is the applicant's responsibility to provide written notice to the development services director when construction is ready for inspection. Signs. The developer shall provide and install traffic control signs, street name and speed limit signs. All signs shall be of noncorrosive, reflective material construction or of a type approved by the development services director. One double-sided street name sign of standard design as prescribed by current county standards shall be provided at each intersection for each named street unless otherwise approved by the development services director pursuant to section 3.2.7.2. A street sign shall be placed at a point eight feet fi.om the edge of pavement on a radial line that bisects the intersection radius curve unless otherwise approved by the development services director pursuant to section 3.2.7.2. All signs shall be designated on the construction plans prior to their approval by the development services director. Pavement striping. All work shall be in accordance with section 711 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition thereof). 13. Alternative types of pavement, base and subgrade. Alternate types of pavement, base and subgrade determined by the development services director and/or the transportation services administrator to be equivalent to those specified in this division may be approved. Application for such approval shall be accompanied by written data, calculations and analysis which show, by generally accepted engineering principles, that the alternate types are equal or superior to those specified. 14. Street grades. Street grades shall be determined in relation to the drainage facilities for the subdivision and shall not exceed four percent nor be less than 0.3 percent, unless otherwise approved by the development services director pursuant to section 3.2.7.2. Street grades shall be shown on the development plans by direction and percent of fall on the road profiles. 15. Swales. Swales shall not be permitted within the right-of-way in lieu of curbs or valley gutters unless the provision for a rural section specified in section 3.2.8.3, Required improvements, is justified. Swales may be permitted to convey rear yard drainage and to collect street drainage. 16. Marginal access streets. Where a subdivision or development abuts existing limited access highway, freeway or arterial street, and if acc ,ss iho' OCT - 8 2003 17. 18. 19. 20. 21. desired to adjoining property other than street connections, a marginal access street to afford separation of through and local traffic may be required by the development services director. Half streets. Half or partial streets shall not be permitted except where essential to the reasonable development of a property in conformance with the circulation plan, comprehensive plan or these regulations and where, in addition, dedication of the remaining part of the required street fight-of-way is provided. Whenever a property to be developed borders on an existing half or partial street, the other part of the street shall be required to be dedicated and constructed within such property. A proposed development or subdivision that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of these regulations shall provide for the dedication of additional right-of-way along either one or both sides of said street so that the minimum right-of-way requirements of these regulations shall be established. Limited access strips. Limited access strips controlling access to streets on adjacent parcels shall be prohibited except where approved by the development services director pursuant to section 3.2.7.2. Clearance and height. At least 17 feet of nominal clearance shall be provided over the full width of public streets, private streets, fire lanes, and other means of vehicular access. Overhead public utilities may require a greater height and will be evaluated on a case by case basis. Pavement samples. The developer shall provide core samples of both the base course and surface course of the completed public and private roadways prior to preliminary approval. The core samples shall be taken at a maximum of 300 feet intervals and arrangements shall be made to immediately replace the areas so removed with materials and construction to conform to the specifications and to the line and grade of the immediate surroundings' pavement surface. The core samples shall be taken by an approved testing laboratory and/or professional engineer and certified as to location and thickness measured. A tolerance of one-quarter inch for pavement surface and one-half inch for base course may be accepted. Any deviations more than these tolerances will result in withholding preliminary acceptance until such time that the pavement is brought up to county standards. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. AGENDA ITEM OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Russ Muller DEPARTMENT: Engineering AMENDMENT CYCLE # OR DATE: Cycle 2, 2003 LDC PAGE(S): 3:75 LDC SECTION: 3.3.7.1.9. CHANGE: Add a separation requirement for the garage to the back of the sidewalk. REASON: The distance from the back of the sidewalk to the garage door needs to accommodate a parked vehicle without encroaching into the sidewalk. Common practice is to park in the driveway far enough from the garage to both feel comfortable and/or to allow a passenger room to walk between the garage and the parked car. It is also necessary to allow a couple of feet for a clear zone for the sidewalk user. Several site visits and measurements were taken to determine that a minimum of 23 feet is required. The primary concern is safety, but there are many reasons why sidewalk parking is unacceptable. Safety and health Sidewalk parking can force pedestrians into traffic. Vehicles on sidewalks make it difficult to see children as they attempt to circumvent obstructions. The weight of cars parked on sidewalks can cause breaks or separations in the concrete creating trip hazards and uneven walking surfaces. Oil from cars parked on sidewalks create slippery areas on the concrete. Even partially blocked sidewalks are difficult to navigate for the visually impaired. Walking should be encouraged to promote health. Legal aspects Florida Statutes Chapter 316.1945 Stopping, standing, or parking prohibited in specified places states no person shall stop, stand, or park a vehicle on a sidewalk. Financial aspects Collier County risks an ADA lawsuit. Sidewalk maintenance responsibilities lie with the County, homeowner associations or property owners. Cars parked on sidewalks damage pavement. Supporting Organizations Community Traffic Safety Team Pathways Advisory Committee to the MPO. ITEM OCT - 8 2003. FISCAL & OPERATIONAL IMPACTS: As stated above the County risks ADA lawsuits and the maintenance costs. RELATED CODES OR REGULATIONS: none GROWTH MANAGEMENT PLAN IMPACT: none Amend the LDC as follows: 3.3.7.1.9. Infrastructure improvements plans. Detailed on-site and off-site infrastructure improvement plans and construction documents prepared in conformance with the design standards of division 3.2 and any current county ordinances, regulations, policies and procedures which consist of, but are not limited to, the following items: 1. A cover sheet setting forth the development name, applicant name, name of engineering firm, and vicinity map. Improvements for water and sewer service as needed or as may have been specified during a preliminary site development plan review prepared in conformance with Collier County Ordinance No. 88-76, as amended. Improvements for roadway, motor vehicle and non-motorized circulation, ingress and egress, parking and other transportation needs, including traffic calming devices, required or as may have been specified during the preliminary site development plan review, prepared in conformance with section 3.2.8.4 subdivision design requirements (for purposes of this requirement, all references in section 3.2.8.4 to "subdivision" should be read to mean development, where applicable and appropriate). Non-motorized circulation is defined as movement by persons on foot, bicycle or other human-powered device. Non-motorized circulation depicting sidewalks and bicycle facilities consistent with sections 2.8.3.4. and 3.2.8. The absence of obstructions in the public right-of-way shall be demonstrated, including provisions for safe and convenient street crossing. Sidewalks and bike paths at intersections shall continue to the edge of curb as depicted by Illustrations 1 and 2. OCT - 8 2003. GRAPHIC LINK (not available): Illustration 1 Two curb ramps shall be provided for sidewalks and bike paths at each street comer of an intersection. Curb ramps shall be a minimum of 36 inches in width and shall not rise at a ratio greater than as outlined by the Florida accessibility code for building construction. GRAPHIC LINK (not available): Illustration 2 Crosswalks shall be required at any intersection where the distance to the nearest crosswalk is greater than 1,000 feet. Improvements for water management purposes as needed or as may have been specified during the preliminary site development plan review, prepared in conformance with section 3.2.8.4 subdivision design requirements (for purposes of this requirement, all references in section 3.2.8.4 to "subdivision" should be read to mean development, where applicable and appropriate), and pursuant to South Florida Water Management District roles, chapter 40E-4, 40E-40 and 40E-41, Florida Administrative Code. ~.8. All necessary standard and special details associated with sections 3.3.6.2.9.2. through 3.3.6.2.9.6. above. ~9. Written technical specifications for all infrastructure improvements to be performed. ~.10. Engineering design computations and reports for water, sewer, roads and water management facilities, as required by federal, state and local laws and regulations. 19.11. Topographical map of the property which shall include the following: a. Existing features, such as, watercourses, drainage ditches, lakes, marshes. b. Existing contours or representative ground elevations at spot locations and a minimum of 50 feet beyond the property line. c. Benchmark locations and elevations (NGVD). 11.12. Site clearing plan and method of vegetation disposal. 12.13. Sidewalks, bike lanes and bikepaths. For all projects required to b: developed through the site development plan (SDP) process, the AC-iENDA I'I'~=M No. OCT - 8 2003 8upp. No. 9 mustration I LDC3:73 AGENDA I'r~J~ No. OCT - 8 2003 illllllllllli Illustration 2 No. OCT - I] 2003 developer shall be required to construct sidewalks or bikepaths, and bike lanes where applicable, as described below, unless otherwise exempted fi.om the subdivision regulations of this Code. Sidewalks or bikepaths, and bike lanes shall be constructed contiguous to public and private roadways which are adjacent to and internal to the site, in conformance with the following criteria: a. Sidewalks, six feet in width, or bikepaths seven feet in width shall be provided on both sides of collector and arterial streets. b. Sidewalks, or bike paths, five feet in width, shall be provided on both sides of local streets except as follows: (1). Where a cul-de-sac or dead-end street exists within an approved single-family residential subdivision, and where the developer of such subdivision was granted an exemption to the subdivision regulations to allow a sidewalk on one side, the same exemption shall then apply to any new abutting single-family residential subdivision which extends the dead-end street or cul-de- sac to no more than 1,000 feet. c. Bike lanes shall be provided on both sides of any street classified higher than a local street (i.e. collector, arterial). All sidewalks, bikepaths and bike lanes along public and private roadways shall be constructed in accordance with design specifications identified in section 3.2.8.4.14. and division 2.8 of this Code. Alternative designs for sidewalks, bike lanes, and bikepaths in developments adjacent to public or private roadways may be provided, subject to approval by the community development and environmental services division administrator and may utilize, but not be limited to the following criteria: (1). A design that reflects the land use density and intensity of the development along the street or cul-de-sac. (2). A design that reflects the expected traffic volumes on the street or cul-de-sac. (3). A design that does not create a safety hazard caused by vehicles parked across the sidewalk or directs pedestrians or cyclists into high traffic areas. OCT - 8 2003 ho (4). A design that does not encourage additional landscape area due to clearing for the installation, aesthetic softening or additional landscape, additional softening of unnatural linear concrete strips, or similar features. (5). A design that reflects the expected demographics of the development, including but not limited to considerations such as the expected amount of school age children and active adults. (6). A design that reflects reduced speed streets and culs-de-sac. (7). A design that reflects the expected amount of utilization by joggers, walkers and cyclists. (8). A design that reflects the character of the development, i.e., golf course/country club community, affordable housing, private gated communities. (9). Criteria pursuant to the provisions of section 3.2.7.2. of this Code. Developments that provide an internal bikepath system, which fimctions primarily for transportation purposes, not recreation, and which connects with existing public bicycle paths or bike lanes may be exempt fi.om the sidewalk/bikepath requirement. The county's transportation services division administrator may grant such an exemption if the alternative system fimctionally operates equal to the standards of the county bikeway system, interconnects with the existing or proposed county bikeway system and will be perpetually open to the public. Developments providing interconnections to existing and furore developments pursuant to the density rating system section of the Collier County growth management plan future land use element, shall include sufficient right-of-way to accommodate the roadway, sidewalks, bike lanes or bikepaths, and bike lanes, where required. Bikepaths, bike lanes and sidewalks shall be constructed concurrently with the roadway interconnection. Where planned right-of-way improvements scheduled in the county's capital improvements program (CIP) would cause the removal of any sidewalks/bikepaths or bike lanes required by this Code within two fiscal years following the fiscal year in which the first building permit for the project is issued, the developer, in lieu of construction of the required sidewalks/bikepaths and bike lanes, shall provide funds for the cost of sidewalk/bikepath and I: ke lane OCT - 8 2003. construction and deposit the same into a fund approved by the transportation services director, or his designee, for future construction of required sidewalks/bikepaths and bike lanes, by the county. 13.14. Completion of site development plans. Upon completion of the infrastructure improvements associated with a site development plan, and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together [with] all applicable items referenced in section 3.2.6.5.3 of this Code. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. 15. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at?i~ast a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. OCT - It 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Cheryl Soter, Senior Planner DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle 2, 2003 LDC PAGE(S): LDC6 LDC SECTION: 6.3 CHANGE: Add definitions. REASON: There are certain references to educational institutions in the Code that necessitate these definitions. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.4.3.1. GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: AncillarF plant: The building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program Which may lawfUllybe used as authorized by the Florida Statutes and approved bY thec01iier C~Unt3t; seh0ol Board. Educational Facilities: The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board. Educational Plant: The educational facilities, site and site improvements necessary to accommodate students, faculty, administrators, staff, and the activities of the educational program of each plant. Ar~NDA OCT - B 200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC6 LDC SECTION: CHANGE: REASON: clearly defined. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: Community Development and Environmental Services Division Cycle 2, 2003 Definitions section Adding definitions for fire stations and ancillary fire station services. These uses are being added to the essential services section and need to be None 2.6.9.1. and 2.6.9.2. None Amend the LDC as follows: Fire station: The building(s) and site of a government establishment primarily engaged in firefighting, used to house fire tracks and other emergency vehicles, firefighting equipment and apparatus, firefighters, and support/administrative staff. Fire station services, ancilla~_: Fire protection activities imperative to carry out the purposes of a government establishment primarily engaged in firefighting, such as fire training camps, but which is not required to be located at a fire station for that fire station to serve its function. However, services designed to repair any firefighting equipment is not an ancillary fire station service. AGENDA No. OCT - 8 2003 OR/GIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: CHANGE: agreement. REASON: the next cycle. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: Community Development and Environmental Services Division Cycle 2, 2003 LDC6 6.3 - Definitions section Adding educational definitions from the School Board interlocal To accommodate the interlocal amendments that will be forthcoming in None. None. None. Amend the LDC as follows: Ad/acent (applicable to School Board Review issues only): Lying near or adjoining. Auxiliar~facility: The spaces located at educational plants which are not designed for student occupation stations. Compatibility review: A review pursuant to the Architectural and Site Design Standards contained within the Division 2.8 of the Land Development Code {LDC) in effect at the time SBR Letters of Compliance are requested and that pertains to issues of compatibility with surrounding uses, complimentary patterns of development and mitigation of negative impacts. The Compatibility Review will be limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening, and orientation of buildings and ancillary facilities. Consistency Review: A review process whereby the County will determine prior to the School Board's acquisition ofproperW whether such property is consistent with the locational criteria of the Growth Management Plan's Future Land Use Element and Map, Golden Gate Are Mas~~' ITr~ Plan and Immokalee Area Master Plan, and whcthar..the plant or facility is a permitted 1se, No. OCT - 8 2003 conditional use or prohibited use in the zoning district on the site, pursuant to the 2003 Interlocal Agreement. Locational Criteria: The land use categories established in the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan. School Board Review ("SBR"): The site development plan review process for School Board projects as outlined in the 2003 Interlocal Agreement. State Requirements_for Educational Facilities ("SREF',): The Florida Department of Education State Requirements for Educational Facilities, effective 1999, as amended. 1996 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 2207, Pages 1729 et seq., which bears an effective date of June 25, 1996. 2003 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 3228, Page 2989 et seq., which bears an effective date of February 28, 2003. AGENDA ITEM No. OCT - 8 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Stan Chrzanowski, P.E./MaryAnn Devanas DEPARTMENT: Engineering Review and Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: Definitions section LDC SECTION: Division 6.3. CHANGE: REASON: appears in Section necessitate a recorded definition. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: Cycle 2, 2003 Adding the definition of "build out" or "built out." The PUD monitoring report section as amended, includes this term and it 2.7.3 Planned unit development (PUD) procedures. These references None. 2.7.3.6. None. Amend the LDC as follows: Build out, built out: The completion of development under an approved development order or development permit, including completion of public infrastructure, both on-site and off-site and development commitments, typically occurring upon issuance of a certificate of occupancy for the last unit of approved development. OCT - 8 2003. ORIGIN: Transportation Division AUTHOR: Tom Tomerlin DEPARTMENT: Traffic Operations and Alternative Transportation Modes AMENDMENT CYCLE # OR DATE: LDC PAGE: LDCB:4-LDCB:8 LDC SECTION: CHANGE: REASON: Cycle 2, 2003 Appendix B Depict limerock base under sidewalks. Housekeeping. See attached documents. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. 3.2.8.4.14. 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