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Backup Documents 09/10/2003 SBOARD OF COUNTY COMMISSIONERS - LDC (SP IAL) SEPTEMBER 10, 2OO3 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State nf Corn Before Naples Collier in the n was puk on Sept, Affiant published newspaper nas neretoI-ore been continuously published in said Collier County, Florida; dislributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor. promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Si~riXa~e of affiant) Sworn to and subscribed before me This 4th day September 2003 (-Signature of notary public) :5.~i ~.;.~?. Harriett Bushong %~:'-.'~L'~..'~7 July 24, 2007 ',,,,? ,5~,,, BONDED THRtl TROY FAIN INSURANCE, INC Y ties a NOTICE OF INTENT :TO CONSIDER Ol Notice is hereby given that on WRIINESr~&y. 81~lrl~Mh~,.R 1~ ~, ~ ~c Bo~ · e Bo~d ofCo~W Co~ssion~ ~ ~i~ ~e ~t ofa Co~ co--race at ~:0~ P.M. ~e ~tle of&e ~ ~ is ~ follows: ~ O~CE ~~G O~CE ~ER 91 - I02,.AS ~ ~ L~ DE~LOP~ ~DE, ~CH ~CL~ES ~ CO~ ~G~ATIONS FOR ~ ~COP~~ ~ OF COLLAR CO~ ~cl~u~ '1~, ~ON OF ~~S ~ ~ L~ DE~ CODE, MO~ SPEC~C~LY~G ~ FOLLO~G: ~TICLE 1 1,6~ ~TE~TA~ONS~ D~ffi~ 1,8,.NON~O~S; ~TICLE 2 ZON~G DIS~s, P~D USES, ~ITION~ USES, ~CL~i ~ ~ ~US~ ~G DIS~, ~CL~1G ~SlONS TO D~ ~D: ~E O~AY DIS~, ~CL~G ~ ~DL~ O~AY DIS~CT; DI~SION 2.4, L~SC~G ~ B~FE~G; D SIGNS; DI~SlON 2.6, S~PLE~ DIS~CT ~A~ONS; D~S] ~IST~TION ~ PROCED~S; ~TICLE 3, DI~SION 3.2, D~SION ~.~, S~ p~LOe~ ~; ~ ~TICL~ 6, ~S~ON ~D SE~~; SE~ION FI~, ~CLUSION ~ ~ COLLAR COU DE~LOPME~ CODE; ~ SECTION S~ EF~C~ DA~. F~ A~on of&e ~ce will ~ ~i~ at · ~cond public h~g on pumm ~p~ m ~ c~t P~g S~ C~ Develo~t S~ Ho~o~ ~ve, N~I~, Flofi~ ~~ horn of 8:~ A.M. ~d ~:00 P.M., M~ ~ ~ ~om ~ m ~ oa ~y ~ i~ m~t ~t~ wi~ ~e Cou prior to pr~mmtion of&e ~m~ i~ ~ ~ ~. ~vid~ s~ ~11 on ~y i~m. ~e sel~on of~ ~ m s~ on ~f of ~ o~tion If~co~i~ by ~e ~ a ~~n f~ a~up or o~afion may s~ on ~ it~. sev~ ~ys prior to ~p~Hc ~, ~1 ~~ ~.~o~ befo~ ~t p~ of &e reco~. ~y ~n who d~i~s m ~ a ~c~i~ of ~e B~ ~1 ~d a ~ord of ~e pr ~o ~d ~efom, may n~ ~ ~ ~ a v~ ~ord of~e proce~ is ~cl~s ~e test~y ~ ~e u~n w~ch ~e a~eal ~ b~. BO~ OF CO~ CO~SSIO~ COUL D~G~ E. BR~ CLE~ By:/~ ~c~ls, ~ Cl~k COU. IER COUNTY COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 10, 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 September 10, 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 0 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. Second Public Hearing to be held October 8, 2003 3. ADJOURN 2 September 10, 2003 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Originating Dept/DiD: Comm.Dev. Serv./Pl-anning Petition No. (If none, give brief description): Person: Russell LDC-2003-02 Cycle Petitioner: (Name & Address): Planning II Services 2800 North Horseshoe Drive Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before XXX BCC BZA Other Requested Hearing date: .... Based on advertisement appearin~ys before hearing. Newspaper(s) to be used: (Co~rtant): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: [] Legally Required LDC - LDC Cycle 2 Ad ~p see attached legal ad~ Does Petition Fee include advertising cost? [] Yes 113-138312-649110 . v' ed by: ~)ivi~ion ~d List Attachments: [] No If Yes, what account should be charged for advertising costs: Approved by: Date County Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initialing Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE_ONLY: Date Received: ~' ( 5- 0 ~ Date of Public hearing: ~ Date ^dve ed: q," COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 CURRENT PLANNING August 14, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice, for a Display, 1/4 page, with map attached, Legal Notice in your edition of September 2, 2003, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Current Planning, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida 34104. September 10, 2003 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on September 10, 2003, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3r~ Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: 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, FLORID/~ BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPClFICALLY 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 C___, o t' e r C c. ~ ~ t y Phone (239) 403-2400 Fax (239) 643-696~ www. colliergov.net 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 SlX, EFFECTIVE DATE. Final Adoption of the ordinance will be considered at a second public hearing on October 8, 2003. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. BCC Ad 1 (7 day) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk 08/27/03 15:39 FAX 9418436988 COLLIER CO COMMUNITY DEV ~002 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WilICH INCI.UDES THE COMPREHENSIVE REGULATIONS FOR TIIE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SEC-TION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO TIlE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING TIlE FOLLOWING: ARTICLE 1, DIVISION 1.6, INTERPRETATIONS; DIVISION 1,8, NONCONFORMITIES; ARTICLE DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, INCLUDING REVISIONS TO TllE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO TIlE BAYSllORE DRIVE MIXED USE OVERLAY DISTRICT, INCLUDING THE GOODI.AND ZONING OVERLAY DISTRICT; DIVISION 24, LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DMSION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; AND ARTICLE 6, DIVISION 6.1, RULES OF CONSTRUCTION; DIVISION 6.3, DEFINITIONS; APPENDIX TYPICAL STREET SECTIONS AND RIGIIT-OF- WAY DESIGN STANDARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SlX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, thc Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WI1EREAS, this is the second amendment to thc LDC, Ordinance 91-102, for the calendar year 2003; and WHEREAS, on March ! 8, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and Page I of 36 Words =~az~ tl'.~z~tgh are d*leted, words underlined are added WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on September 10, 2003, and October 2003: and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 ( 1 ), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implernent the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and entbrcement by Collier County of land development regulations 'lbr the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. Page 2 of 35 Words struck through are deleted, words underlined are added 7. Sec. i 63.3194(1 )(a), Fla. Stat., mandates that alicr a Comprehensive Plan, or clement or portion thercof~ has been adopted in conlbrmity with thc Act, all development undertaken by, and all actions taken in regard to development orders by, governrnental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if thc land uses, densities or intensities, in the Comprehcnsivc Plan and il' it meets all other criteria enumerated by thc local govcrnmcnt. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and ii' it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended tw'ice annually. I 1. Collier County finds that the Land Developrnent Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result fi'om the use and development of land within thc total unincorporated arc of Collier County and it is intended that this Land Development Code prescrve, promote, protect, and improve the public hcatth, safety, comfort, good order, appearance, convenience, and general wcllhrc of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the  rovisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and hapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DIVISION 1.6. INTERPRETATIONS Division 1.6. Interpretations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.6 INTERPRETATIONS Page 3 of 35 Words struck thrzug~ are deleted, words underlined are added Sec. 1.6.3. Procedures. I.b.3. I. Suhmisxionfi: r~quesl./br i.lerprelalicm. B~Po:'e an ~:'p:'etat~cn~hall-be ~.% ,h~.,,~ pla~h~g ~;e:'v]ces ~n', or ~,.,~,"h;~c building Ibr interpretation sh~ must be submitted 1o Iht planning services director or chief building ol'ficial Coflicials"). ~i~ever is applicab~ in a lbrm established by him. Each request must identil~ the specific land development code or building code citalion to be interpreted. Each request interpretation must be accompanied by the appropriate t~e as set forth in the fee resolution adopted by the board of county commissioners. A e~.~ c~..~ ~,,,~ request ~,,~"a ....... ~,~o,,,~; ..... ~,c'~.,,~ request 0,.~,, .... ~ ................. > commissioners,, ~,,,c- ...... ,,,,,~; ....... ,.. ,,..,~; ..... and .... P .... s ....apphcam. Under no circumstances may the request t~r interpretation contain more than three issues/questions. It must not contain a sidle question with more than three sub-issues or questions. If it is determined by the appropriate official that the requesl liar interpretation contains more than three issues, the applicant will be required to submit n ~rate ~uest accompanied by the applicable fees. 1.6.3.2. Determination ofc'ompleteness. After receipt of a request for interpretation has bec:~ received, the '~ ...... ; .......... ~ ..... ~; ..... , ....... ~.;~rh,,:~; ..... e+~..~.~, ,.4.;0~ ........ is ~[3)priate official must shall determine whether the request is complete. If thc planning director o:' ch ielzbui-~ng offi~ul, wl~hev~is ap~e; appropriate official dctcrmines Ihat thc request is not complete, he must shall serve a written notice on the applicant specil},ing the deficiencies. The appropriate official -[ ..... : .... services a; .......... ~,;~e k.,;].];.., official, ~ichever is,~..~,0,~,~--[:~-~]= will s~a!! take no ill,her action on the request tbr interpretation until the deficiencies are remedied SUBSECTION 3.B. AMENDMENTS TO DIVISION 1.8 l)ivision ! .8, Nonconlbrming l.ots of Record, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.8. NONCONFORMING LOTS OF RECORD Sec. 1.8.10. Nonconforming structures. 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 thc Property Appraiser's record, or other dated photography or documentation showing that the faciliW 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 require strict compliance to the Code. Improvements that did not exist prior to the destruction or repair of the dock or boathouse are not allowed and will also void the legal nonconforming status. SUBSECTION 3.C AMENDMENTS TO DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, Page 4 of 35 Words str'--'ck thrwagh are deleted, words underlined are added CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION 2.2., Zoning Districts, Permitled Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, of the Collier County l.and Development Code, is hereby amended to read as lbilows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.16. Industrial District 2.2.16.2. I. Permitted usex. I. AgriculttJral services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall must be a mininmm of 500 feet Ii'om a residential zoning district, 0721, except that aerial dusting and spraying, disease control l'or crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall must be a niinimum of 500 feet fi'om a residential zoning district, 0722---0724, 0761, 0782, 0783). 2. Apparel and other finished products (groups 2311--2399). 3. Automotive repair, service, and parking (groups 7513--7549). 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 4812~899 including communications towers up to specified heights, subject to section 2.6.35). 9. Construction--Special trade contractors (groups 171 I-- 1799). I 0. Crematories (726 I). I I. Depository and nondepository institutions (groups 601 I--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 871 t--8748). 16. Fabricated metal products (groups 341 !--3479, 3491--3499). 17. Food and kindred products (groups 201 I---2099 except slaughtering plants). 18. Furniture and fixtures (groups 2511--2599). 19. General aviation airport. 20. Gunsmith shops (groups 7699) with accessary si:ce, tlng range c, 21. Heavy construction (groups 1611--1629). Page 5 of 35 Words str',:cl-: through are deleted, words underlined are added 22. ttealth services (801 I accessory to industrial activities conducted on-site only'). 23. Industrial and commercial machinery and computer equipment (351 t--3599). 24. Leather and leather products (groups 3131 --3199). 25. l,ocal and suburban transit (groups 411 I- 4173). 26. Lumber and wood products (groups 2426, 243 I--2499). 27. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 38 I_-- _~873). 28. Me~nbersbip organizations (groups 8611, 8631). 29. Miscellaneous manulhcturing industries (groups 391 t--3999). 30. Miscellaneous repair services (groups 7622--7699) with no associated retail sales. 31. Motor freight transportation and warehousing (groups 4212, 4213--4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 32. Outdoor storage yards pursuant to the requirements of section 2.2.15 I/2.6. 33. Paper and allied products (2621 -2679). 34. Personal services (groups 721 I-- 7219). 35. Physical fitness facilities (group 7991). 36. Printing, publishing and allied industries (groups 2711--2796). 37. Railroad transportation (4011, 4013). 38. Real estate brokers and appraisers (653 I). 39. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 40. Shooting range, indoor (group 7999). 4~. 41. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--3273, 3275, 3281). ~ 42. Textile mill products (groups 2211--2221,22,11--2259, 2273--2289, 2297, 2298). 4~. 43. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 4&. 44. Transportation by air (groups 4512~581 ). ~ 45. Transportation services (groups 4724---4783, 4789 except stockyards). 45. 46. United States Postal services (4311). ~ 47. Welding repair (7692). 47.48. Wholesale trade--Durable goods (groups 50 ! 2--5014, 5021--5049, 5063--5092, 5094-- 5099). 49. Wholesale trade--nondurable goods (groups 5111--5159, 518 I, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5 ! 92--5199). See. 2.2.16. 2.2.33.22.13. Bayshore Drive Mixed Use Overlay District Garages and Drivewa?s. Page 6 of 35 Words struck t~reugh are deleted, words underlined are added I. The rear setback may be reduced to ten feet ifa front-access garage is constructed on the rear of the residence. ~ ....... ~ ....... ~,,dl ~ ..... a ...... ; ........... :,~,l, ^c ~,~ c,~, The nlaximum width of e, arat~e doors is 16 feet. Only one driveway is allowed per 50 linear feet of fi'ont property line. The driveway shall 'have a maximu:n ,,,:a,I, ^r ~e ~xo, [n ,i .... :,,i,,,~c ............ The maxinlunl width ol'thc driveway at the right-of-way line is 18 Feet. Other than the permitted driveway, the front yard may not be paved or otherwise used to accommodate parking. Garages shall must be recessed a minimum of three feet behind tile front facade of the primary residence. No carports are permitted. The distance fi'om the back of the sidewalk to the garage door must be 23 feet Io allow room to park a vehicle on the driveway without parking over the sidewalk. Should tile g~'age be side-loaded there must be 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. Sec. 2.2.34. Goodland Overlay 2.2.34.4. Development criteria. The development criteria and standards [''or each zoning district in Goodland as provided for in this Code shall apply l'br all uses and structures in this overlay district unless specifically superseded below. 2.2.34.4.1. st, bdistrict: Reserved. Permitted uses. The following uses are permitted as of_right in th~i5 2.2.34.4.2. Conditional uses. The following uses are permitted as conditional uses in this subdistrict: a. Clam nursery, subject to the followint~ restrictions: l) A "clam nursery" is defined as the growing of clams on a "raceway" or "llow- 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 nurse[y 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 tile 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 tothe 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 tile property will be allowed to operate a raceway on the shore off his property within the VR and RSF-4 Page 7 of 35 Words str',:ck t.h. rough are deleted, words underlined are added zonine districts. In other words, a landowner must not lease his property to another individual lo use for purposes of operating a clam nursery. 8) Any pump or filtration system used in coniunction with the nursery must meet all applicable County noise ordinances and must not be more obtrusive thun tile .~_l¥~_ra~,e s_x'stem used fora non-commerciaI.L~(_)g] .... -:4:4.1.--_ .... ~4.4.3. ,4hn'imun~ Imihling heighr As provided for iu Iht Village Rcsidcnlial zoning districl Ibr each pernmtcd, accessory, and conditiorml use provided that tit) rcsMcmial building may contain more than two levels of habilable space. 2.2.34.4.2.2.2.34.4.4. Minimum lot requirements. As provided lbr in the Village Residential zoning district for each permitted, accessory, and conditional use except for the lbllowing: a. Single thmily/mobile home: Minimum lot area: 4,275 square feet. Minimum lot width: 45 feet. "=-.z2G4~,-~.2.2.34.4.5. Minimum lot requirements. As provided for in the residential single family district (RSF-4) lbr each permitted, accessory, and conditional use except for the following: a. Minimum lot area: 5,000 square feet. b. Minimum lot width: 50 feet. ~2.2.34.4.6. Minimum yard requirements. As provided lbr in the residential single family district (RSF-4) tYr each pemfined, accessory', and conditional use except for tile lbllowing: a. Side yard: Five feet. 2.2.34.5. Parking/storage of mq/or recreational equitmtent ttnd~ t)er.¥onal vehicle.Y, 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. No rRecreational equipment shall must not be used for living, sleeping, or housekeeping purposes when parked or stored. No rRecreational vehicles or equipment 'shall must not exceed 35 feet in length. No rRecreational vehicles or equipment shall must not be parked, stored nor encroach in any county right-of-way easement. d. Recreational vehicles or equipment that exceed 35 feet in length sba!! 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 a! the owner's home and in the drainage swale subject to the following conditious: a. No vehicle shall block or impede traffic.; Page 8 of 35 Words struck through are deleted, words underlined are added 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 No more than two commercial vehicles may be parked at one residence/site, unless one or more of the vehicles is engaged ill a construction or service 9peration oil the residence/site where it is parked. Tile 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 tile display ora business name or other insignia. No other commer¢ial vehicle, such as dump trucks, cement trucks, tbrklifts or other equipment used in tile construction industry will be allowed to park at a residence or site ovemighl unless specifically approved by the planning services director. 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. Storaee sheds for fishing and boat equipment on the boat dock parcels off of Bayshore Drive constructed alter the effective date of the Code are permissible if they comply with the following requirements: I. 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. Maxinmm size of shed: 144square feet. 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. SUBSECTION 3.D AMENDMENTS TO DIVISION 2.4., LANDSCAPING AND BUFFERING DIVISION 2.4., Landscaping and Buffering, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.4. LANDSCAPING AND BUFFERING Sec. 2.4.3. Procedures. Page 9 of 35 Words struck through are deleted, words underlined are added 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 developmenl is covered by the requirements of this section s!~,al! must submit a landscape plan to the planning services director. The landscape plan shall must be prepared by and 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 nnits 'shall must be shown on the building permit plot plan. This plan is not required It) bc prepared by and bear thc seal o£a hmdscape architect. The landscape plan s5a!! 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 spt(les name. The code-required landscaping s!',all taus! be highlighted or indicated on the plan to differentiate fi'om tile applicant's provided landscaping that is in addition to that required by,this code. Design creativity is enconraged so long as it meets the intent of this code. The plan slmll must show the location of permanent vegetation protection devices, such as barricades, curbing, and tree wells. The plan s!m!! must also include a c4:m~ 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 11" published by South Florida Water Management District, West Pahn Beach, FL) and type of mulch. The plansha!! must show tree and palm staking details per accepted industry practices and standards. In addition, a tabulation of tile code-required landscaping indicating the calculations necessary to insure compliance with this code si:a!! must also appear. Where a nonresidential development/parcel is constructed adjacent to an existing residential development, perimeter landscape buffers required bv Section 2.4.7.4. must be installed prior to vertical construction of such nonresidential property. Where these buffers are not practicable~ then deviations will be allowed. Practicability may be demonstrated by showing the bnffer would be severely damaged or destroyed during development. The site development plan must clearly state that this buffer is not practicable. This, among other factors, will be used by the planning services director to determine practicability. A certificate of occupancy shal! must not be issued until approval of 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. 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 s,h,a!! must submit a landscape plan to the planning services director. The landscape plan sba44 must bear the seal of a Landscape Architect registered in the State of Florida. The landscaping required for single-fmnily, two family, and mobile home dwelling units s!:a!! must be shown on the building permit plot plan. This plan is not required to bear the seal ora landscape architect. The landscape plan 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 s~a!l must also include a chart 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 s!va!l must show tree and pah'n 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 s~a!l must also appear. A certificate of occupancy slmll 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 Page !0 of 35 Words struck through are deleted, words underlined are added County. 2.4.3.1. l. Pt.tblic Edt~crttional Frtcilities a~d Pla~l, Ancillac), Plr~t, rt~rt ,4ttxillr~r¥ P'~tcilio,. Essential services including Collier County Public Schools (CCPS) / public Educational and Ancillary Plants, and other public facility projects developed jointly w'ith CCPS may demonstrate that the intent of this division can be etTectively 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. ']'he deviations are limited to quantity of plant material and the School district must demonstrate that the deviation is necessar37 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.Procedztre. In addition to the base submittal requirements, applicants shall clearly label the plan submitted as an "Alternative Landscape Code Plan". This plan shall reference thc deviations on thc plan. An applicant must submit a narratiw~ description identifying the code development standards required by this section xYhich will be addressed through the alternative approach. The planning services director will administratively review submittal documents for consistency with th~ 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 resubmittai to planning services staff for re-evaluation of the request in the context of thc 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 lnay be ame,l_d~c_t,_is available in the records room in the Community Development and Environmental Services Division Building. 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. I 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 sh~ll 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. ~ Tree and site lighting locations shall be designed so as not to conflict with one another. Parking lot / site lighting shall not be located in landscape islands with trees and shall be located a minimum ofl0 12.5 feet from the trunk of a tree. see !!!ustrat!on lg .Figure x below). GRAPHIC UNAVAILABLE: Figure x: Compatible 'Free 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 afl"ect 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. Page II of 35 Words stracl; through are deleted, words underlined are added ¢OMPA'I-J:BLE TREE ANb L'rGHT'J:NG bES'rGl',, Figure~X Compatible Tree and Lighting Design Page 11 a A II 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 lhc event of blow-over or other lhilurc of the staking and guying. Staking shall be removed between six and 12 months alier installation. All required landscaping shall be installed in accordance with plans approved under section[s] 2.4.3.1 and 2.4.3.2. l.andscaping within a subdivision development shall be guaranteed by a subdivision completion bond in acco,'dance with division 3.2 governing 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 Enlbrcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code 2.4.5.4. Green space required in shopping centers and./beestanding retail establishments with a/loot area greater than 40,000 square/bet. An area that is at least seven percent of the size of the vehicular use areas shall must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments aud shall be in addition to the building perimeter planting area requirements. The comlyards shall 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 shall mus[ be in addition to other landscaping requirements of this division, ~ may be used to meet the open space requirements (section 26.3.2), and ~ 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 tbr environmental, scenic or noncommercial recreation purposes and shall be pedestrian-friendly and aesthetically appealing. Green space may only include the tbllowing: 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 water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning serqces director deems appropriate. Green space shall must include: watkways within the interior of the green space area not used shopping, a minimum of one ibm of park bench per 1,000 square l~et of building arced minmmm of one tree or pahn tbreach 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 [bet. 2.8.3.7.2. LandscaFing. The following requirements, ,,;,u_ ,,..~,~,., except!on ~,~t k..u,4;.g~.,.,... ~.-~';..,.~,*, ..... "~"';""°~.~,,,,,~,~, will be counted toward the required greenspace and open space requirements of division 2.4. of this Code. ___2.~_. .....Th~£trst.m_w_ of. landscal~BlandsJ.ocat~xl c oscst.lall-m building front and sides must be landscaped w th trees, palms, s_hrqbs aad groqndc0ve,'s and must !~avea cleat' tru~-~'a,.ea to a heigl!t of ~cw:n !'.e_¢k(see Illustration !7 below). Page 12 of 35 Words struck through are deleted, words underlined are added 2.4.6.6. Building Feri:::cter.[bundation planting areas. F!a. atitt&~,. All shopping center, retail, of lice, apamnents, condominiums, clubhouses and similar uses~ must provide building ~rimeler lbundation plantings in the amount ot'~O square !bet per M~ squ~-lb-el len percent of proposed building ground level floor area. These planting areas shall must be Iocaled a~jacent to the primary public building entrance(s) and/or primary street elevation and shall must consist of landscape areas, raised planters or planter boxes that are a Ininimum of fly,lEer wide. These areas must be landscaped with trees and/or palms in the amount of one tree or palm equivalenl per 250 square lket; shrubs and ~round covers other than grass. Water management · ,,~,~n ,_ mess ...... nlUSl not be a pan of this five foot planting area. Parking lot islands will not count towards this requiremenl. (Ord. No. 96-66, ~ 3.D.; Ord. No. 00-92, J 3.B.) 2.4.6.7. Building foundation planting requtrements {hr non industrial buildings greater Ihrm 3 .vtories or 35/Pet in height2 rmt~'or I)ivi.vion 2.8 buildings [~chtd~ itldtt.¥lri~l[j~7_~{~(_~t~ ~o( c'orridorx) with [l /ool[gritll grealcr l/lull 20, 000 Sqtltll'e ~dUI [ltltg'Ot'/*a1'kiu<. ,_gilrrl~t' .5'trite'lilt'o'5;. (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 vail height as herein defined as tbllows: Adjacent Building's Wall Height: Building wall height between 35 feet and 50 feet. Building wall height greater than 50 feet. Foundation Planting Width: 15 feet. 20 feet. (b) Trees required by this section must be of an installed size relating to the adjacent building's wall height, as defined below: Building's Wall Height Tree Height .'Free Canopy Palm Height (/be() (.flee() S?read ~/'ee!) (/'eeO 35 to 50 14 to 16 7 16 greater than 50 16 to 18 8 20 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 ofgO 60 consecutive days or more and a request for an occupational license to resume business is made. 2.4.7.3. Standards. Unless otherwise noted, all standards outlined in section 2.4.4 sba!! apply. Trees and shrubs ,shall must be installed at the height specified in section 2.4.4.2. Water management systems, which s.ha!! must include retention and detention areas, swales, and subsurface installations, sba!! be are permitted within a required buffer provided they are consistent with accepted engineering and landscaping practice and the following criteria: I. Water management systems skull must not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer. 2. Water management systems ...... must not exceed, at any location within the required side, rear, or front yard landscape buffer, 70 percent of the required buffer width. A .'nin[mu:n five ,,;a~ ~r,.~ ~ .... ~ ~,.; ........ ~,~. t, ..... ;~.~; .... ~ ,,a .... , .... and, !ledge:; are :'eqtg~l Required trees and/or hedges must be planted at the tOp of the berm in a minimum five foot wide 10:1 level planting area. The remainder of the landscape buffer area must maintain a slope no steeper than or equal to 4:1. 3. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the following criteria: Water management systems, in the form of dry retention, may utilize an area greater than 50 percent of the buff'er when existing native vegetation is retained at natural grade. Page 13 of 35 Words struck through are deleted, words underlined are added 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 shall must be provided in these buff'ers. 4. Sidewalks and other impervious areas shall must not occupy any part of a required Alternative A. B, C, or D type buff'er, except when: 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. A required 15-20 toot wide buffer is reduced to a minimum often feet wide and is increased by the five to ten toot equivalent width elsewhere along that buffer. s 2.4.7.3. I ~ Natural and manmade bodies of water including retention areas (exceeding ,~ .~ .......... ,/ fi)r all developments subject to Division 2.8. ~pprpv_ect_~.:_a p.~g.~f_ !_t_!g..desig_n__&f. [._he_~_u__i!0in. g~if the. de_s_~ign__._o_£~the w~t_~r~nage_..me~[ area is ~.~ ~_t_gr__m_c~agen_~ent arenas_ wilhi~Lh¢.fron_t yard&_. Narrow_21!cl st~p_ water are p_rohibited within lhe fro_n_t ;~arcls that lie ~t~ee~ .th~_primar~ facad¢_s or' a building and p[[b!j_c 0n_~d. private ,stree[ Th¢~ -narrow and steep water management areas are defined as I'~ exceeding twelve feet in ~yiOth, A!l bodie~ of water, including ~ relent on areas exceeding 20,000 s~uare f~t~.and ~hich are_ oca~d_a0jac~a[ to a public righl-oP~vay~ ~hdl ~c____., ?__a ~ i a_l! l/~s~h~ d _e d p kaza/cou rty~a_rd,_aminimum_of_200 sq_qar~ f~t_ iq a_!Tga_, _wijh.b.e_Bgb~_s agd/qr p__i~aig ta~._e_. ~_ a4iac~p[ to !he w~le~ ?.bpdy, 9r_[eIenIigg Page 14 of 35 Words strt:ck through are deleted, words underlined, are added o oJ 10' ? DO THIS .... / o oJ §o- DON'T bO TH]:5 BODY OF WATER SHAPES Sec. 2.4.7.4. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent ProIaerties District Subjec I 2 3 4 5 6 7 8 9 10 I1 12 13 14 t Proper ly's Distric t/Irlse Page 15 of 35 Words ...... ~' '~' ...... h are deleted, words underlined are added 1. B B B B B A A A A D A A Agricu Iture (A~) 2. A A B B B B B C B * D B C Reside mial RSF) single- family 3. A B A N A B B B B * D B C Reside ntial RMF- 6, RMF- 12, RMF- 6) ~nultif alnily 4. A B A A B B A B B * D B B Reside ntia[ tourist (RT) ............ 5. A A B B A B B B B * D B B Villag e reside ntial (VR) 6. A B B B B A B B B * D B B B Mobil e home (Mil) .___ -- 7. A B B B B B A A A * D B B B Corem ercial3; 4~ (C- I/T, (2-4, C-5); Busine ss Park (BP) 8. A ~2 B B B B A A2 A * D B B B I ndust rial'- (I) 9. A B B B B B A A A * D B C Public use (P), comm unity facility (CF), Golf Cours e Clubh ouse, Ameni ty Center Page 16 of 35 Words struck through are deleted, words underlined are added Planne d unit develo pment (PItD) -il. D D ~- D D D D D D D B - D Vehic ular rights- of-wa> ..... 12. B B B B B B B B B B B A B C Golf course mainte nonce , buildi _ B - C 13. - Golf course 14. A C C B B B B B C * D C C D Autom obile servic station The letter listed under "Acljacent Properties District" .;Fan 5e L_s the landscape buffer and screening alternative required. The "-" symbol shall represent tho! no buff'er is requi,'ed. The PUD districl buffer, due to a variety of difi'ering land uses, is indicated by the "*" symbol, andshalt must be based on the landscape buffer and screening of the district o,' use with the mosl simile,' types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. ~Buffering in agriculture (A) districts shall be applicable at the time of si~e development plan (SDP) submittal. -'Industrial (1) 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 buff'er width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned properly. ]Buffer areas between commercial outparcels located within a shopping center may have a shared buffer 44Y 15 feet wide. This does not apply to right-of-way buffers. locations a~ schematically shcwn in Figure 4, displaced commercial interior lot line landscaping. Approval shall be obtained from the planning services director subjezt to the (ii) An agreement between al! owners of the separate parce!s is recorded in the (iii) All of the buildings share a common architectural and landscape theme; and (iv) The ~..a area normally, a result _e..~ ~,:..:-.,:~- ...................................................... v...~ ....... proportionate added to other required: plantings or perimeter buffering. 5Refer to section 2.6.28 for automobile service station landscape requirements. 2.4.7.5. '_'Collier County Streetscape Master Plan '_' and the "Golden Gate Community Page 17 of 35 Words ....... t. ,~ ....... h are deleted, words underlined are added Roadways Beautification Master Plan." Street corridors identified in "Collier Nap!escape 9'0's County Streetscape Master Plan" and the "Golden Gate Community Roadways Beantification Master Plan", including areas within the right-of-way and on required buffers adjacent to the righv oi:way, shall adhere to the requirema~ts of the '2Collier Naplescape 99's 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 ofthe'_'Collier County Nap!egcape 99'~ 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 approvalof a final plat and or a final site development plan. Where the application of said ~treetgcape Master Plan standards and requirements is questioned, an official interpretation of the planning services director pursuant to section 1.6.1 o1' the 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. SUBSECTION 3.E AMENDMENTS TO DIVISION 2.5. SIGNS DIVISION 2.5., Signs, of Ordinance 91-102, as alnended, of the Collier County Land Development Code, is hereby amended to read as tbllows: DIVISION 2.5. SIGNS Sec. 2.5.5. Permitted signs. 2.5.5. !. Signs within residential zoned districts and as applicable to residential designated portions o1' P[JD zoned properties. 2.5.5.1.1. Development standard¥. I. 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 potion of the sign structure. 2. 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 lbllowing 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 movint~ or rotating part may be permitted as a lawful sign if the following and all other applicable requirements are met: I. The barber pole sign is attached to the exterior wall of an establishment providing the services of a licensed barber; 2. Each such establishment (barbershop, salon, etc.) is limited to only onebarber pole sign; Page 18 of 35 Words struck tl~rough are deleted, words underlined are added 3. No barber pole sign may move or rotate except when the establishment is open and providing the services ora licensed barber; and 4. 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 contbrm 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. See. 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. 2.5.7.5. Flashing signs or electronic reader boards. Rotating signs or displays, except barber pole signs complying with sec. 2.5.5.2.5.9.2. ak ~ ak ak ak ~ ~ ak ak SUBSECTION 3.E AMENDMENTS TO DIVISION 2.6., SUPPLEMENTAL DISTRICT REGULATIONS DIVISION 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 2.6.9. Essential Services 2.6.9.1. Permitted uses. The following uses are allowed as permitted uses: a. In every zoning district: water lines, sewer lines, gas lines, telephone lines, telephone switchhg 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 it' 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 wdl 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 Page i 9 of 35 Words ...... t. ,~ ...... ~, ~,-o deleted, words underlined are added written notice that the county has applied lbr a required well permit to 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; b. 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; c. 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 [arks+._ 2.6.9.2. Conditional uses. conditional uses: The following uses require approval pursuant to section 2.7.54= as a. 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; b. In residential, agricultural and estate zoned districts, except as otherwise specified by section 2.6.9. I · regional parks, community parks,safety service facilities, and other similar facilities; c. In the residential and estates districts only (excludes the agricultural district): safety service thcilities; d. 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 e. In the agricultural district only: those safety_ service facilities that are defined by the code and not specifically listed in paragraph "d." above. Sec. 2.6. I I. Fences. 2.6.11 .I. 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 lbllowing: 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 walls may reach a maximum height of six feet for side and rear yards, but are limited to four feet within the required front yard. 2.6,11.2.3. 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. 2.6.11.2.4. For comer lots one acre or less in area, which by definition have only front yardsand side yards, fences within required front yards are limited to four feet in height, with the exception that any portion ora 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. 2.6.11.2.5. 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 hazardmay exist, such as a utility substation, sewage treatment plant, or similar use. Page 20 of 35 Words gtr'..'ck t~r,v, ug~ are deleted, words underlined are added 2.6.11.3. Agricuhural districts. For the purposes of this section, agricultural districts shall include: A agricultural; E estates; and CON conservation districts. Fencesand walls within agricultural districts shall be exempt t¥om height and type of construction requirements. di [ t; ~ o,p ~li ................................................... or ................................ ) ...... parcels ......... ~,; .......... ~r0V ~ ............................................... m~ planned 2.6.11.4.1.2.6.11.4. Industrial Districts. Fences or walls in commercial and industrial districts not subject to Division 2.8 shall be limited to eight feet in height. gff~.44v.Eg,. 2.6. I 1.4.1. Walls and./knees required contiguous or opposite residentird/y zoned distric'rv. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, said nonresidential development shall provide a mason'y wall or prefabricated concrete wall/fence. If located on a contiguous property, the wall/fence shall be a minimum of six feet and a maximum of eight feet in height and shall be located a minimum of six feet from the residentially zoned district. If on a property opposite a residentially zoned district but fronting on a local street, or the properties are separated by a platted alley, the wall/fence shall be located a minimum of three feet t¥om the rear of the right-of-way landscape buffer line and shallbe four feet in height. On properties which front on more than one street, a si>~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 ou an ad. jacent residential development. The applicant shall demonstrate that the intent of this section can be effectivdy accomplished, without constructing a wall, by submitting lbr the approval an alternative design, and a descriptive narrative through the administrative variance process set forth itl 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 tile 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 in phases depending upon the location of affected residential areas and after vertical construction commences. 2.6.11.5. All districts. Whenever a property owner elects to erect a chain link fence pursuant to the provisions of section 2.6.1 ! 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 mininum 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. I. Structures subject to Division 2.8 Architectural & Site Design Standards shall compl_¥ with the following additional fencing standards; a. Chain link and wood fences are prohibited forward of the primary faqade and must be a minimum of 100 feet from a public right-of-way. Chain link and wood fencing lhcing a public or private street shall be screened with an irrigated hedge planted directly in front of thc fi:ncc on the street side. Plant material shall be a minimum of 3 gallon iu size and planted no more than 3 feet on center at time of installation. This plant material shall be maintained at no less than thre~ quarters of the height of the adjacent fence (See Illustration 6.1). Page 21 of 35 Words struck through are deleted, words underlined are added b. Fences forward of the primary fa$ade, excluding chain link and wood are permitted under tile following conditions: ( I ) Fences shall not exceed 4 feet in heig!m (2)The fence provides either an open view at a minimum of 25 percent of its length or provides variation ill 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) 2.6.11.5.1. All fences and walls shall be of sound construction and shall not detract from tile public health, safety and welfare of the general public. 2.6.1 !.5.2. All fences and walls shall be maintained in a manner that will not detract from the neighborhood or community. 2.6.11.5.3. Barbed wire is authorized within agricultural, commercial and industrial districts. Razor or concertina wire is not permitted except in tile 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. 2.6.11.5.4. No fence or wall within any district shall block the view of passing motorists or pedestrians so as to constitute a hazard. 2.6.11.5.5. Fences and walls shall be constructed of conventioml building materials such as, but not limited to concrete block, brick, wood, decorative iron or steel, and chain link. 2.6. I !.5.6. 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. 2.6.11.5.7. When determined to be beneficial to the health, safety, and welfare of the pnblic, the planning services director may approve all administrative variance fi'om height limitations of fences and walls in all districts provided that at least one health, safety, or wellhrc stalttal'd peculiar to the property is identified, and that such approval does not set an unwanted precedent by addressing a generic problem more properly corrected by an amendment to this Code. 2.6.11.5.8. Existing ground levels shall not be altered for thepurpose of increasing the height ora proposed wall or fence except as provided for within section 2.6.11.5.7 and division 2.4. 2.6.11.6. 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 tbr 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 ol; the following facts: 2.6.1 !.6.1. General ground elevation of the entire lot. 2.6.11.6.2. In the case ora lot with varying ground elevations, the average elevation over the length of the fence, and at points in the vicinity of the fence. 2.6.1 i.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, ss 2; Ord. No. 94-27, ss 3; Ord. No. 99-46, § 3.D.; Ord. No. 00-92, § 3.D.; Ord. No. 02-3, SS 3.E.) SUBSECTION 3.F AMENDMENTS TO DIVISION 2.7., ZONING ADMINISTRATION AND PROCEDURES Page 22 of 35 Words struck t~roug~ are deleted, words underlined are added mustration 6.1 Supp. No. 9 LDC2:272 DIVISION 2.7., Zoning Administration and Procedures, of Ordinance 91- 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES Sec. 2.7.2. Amendment Procedures. 2.7.2.3.5. Public participatio, require,le, ts for rezotli,gs, PUD a:lle, thnetltX, cotlditiollal uses, variatlces or parM,g exe,lptio,s. 1. Applicants requesting a rezoning, PUD amendment, or conditional use approval slmll must conduct at least one public Neighborhood Informational Meeting ("NLM") after initial staff' review and comment of the application and before the Public Hearing is scheduled with the Planning Commission. The appropriate number of staff reviews of the application returned before the N IM 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 the public, after a ~ ~ ................ application meeting '";'~' ~ prior to suSmitting a sufficient app!icatien to planning services department. 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 sba!! must be provided and maintained by the count>', but the applicant sba!! .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, shall must be furnished to the planning services department and the office of the board of count>,' commissioners no less than ten days prior to the scheduled date of the public informational meeting. The applicant s~al! must make arrangements for the location of the meeting. The location sl~ou!~ must be reasonably convenient to those property owners who are required to receive notice and the facilities sba!! must be of sufficient size to accommodate expected attendance. The applicant sba!! must further cause a display advertisement, one-fourth page, in type no smaller than 44 12 point and s~a!! .must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, and 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 public neighborhood informational meeting. The Collier County staff planner assigned to attend the pre-application meeting, or designee, sba!! 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 cop>, of same to the planning services department. 2. 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. 3_. g Any applicant requesting variance approval or parking exemption approval sba!! 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, u,t.~ ;, h.o ~.~- a~.~;.~a .h~. ,~ is a prepe~ ..... nor, functioning ~.a~;.;,,~ ~,~- civic.oo~.,..,~.,;~'; ..... ..,,~ ,,.o ~ .... ,,,~a~ ?.~,.,,~., request~.~? prcpe~ ........ or crganlzaticn ~o ,~,~ ~ ...... ~ ......... ~ .......... ~ ............................ pr:or ..................... ad~ 4. Where it has been determined that there is a property owner, functioning condominium or civic association who has made formal request of the county to be notified; then the applicant must Page 23 of 35 Words struck throug~ are deleted, words underlined are added 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 parkin~ 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.. ~annJng services depa:~ment These written commJtmcnt~ wJH be made a pa~ of the staff repo:1 to the coantys appropriate review and approval bodies and made a pa~ of tke consideration inclusion in '~ .... ~:'; .... r approval of an> ..... n.~.~ ~ .... ~ ......, ................... ~ ............. ~ ....... approval Sec. 2.7.3. Planned unit development (PUD) procedures. 2.7.3.6. 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 sba!! must be submitted by the developer/owner or authorized agent of a PUD to the development services director. The monitoring report sba!! must be in the form of an affidavit and be executed by the property owner(s) or their authorized agent and be submitted annually, on each anniversary of the date said PUD was approved by the board until the PUl) is completely constructed and all commitments in the PUD document/master plan are met. Thc monitoring report shall must.provide the following information: 1. Name of project. 2. Name of owner, developer. 3. Number of units, by residential type; square footage and acreage of recreational facilities, commercial and olher permitted uses; infrastructure and/or other uses which are complete of lot'] for which a valid permit has been issued, but which have not been completed. 4. Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information. 5. Traffic counts for all access points to the major highway network. 6. Copies of all required monitoring reports completed in the past year (i.e., traffic, wellfield, etc.). 7. Up-to-date PUD document which includes al! approved amendments. 8. Status of commitments in PUD document. 9. Other information as may be required by the development services director. Sec. 2.7.7. Affordable housing density bonus. 2.7.7.2. A. tJbrdable housing densiO, bonus program. 2.7.7.2.1. Overview. Within most of the coastal urban designated areas identified on the furore 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 or coast~l Page 24 of 35 Words struck through are deleted, words underlined are added managzment area required, pursuant to tile 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, basedensities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on tile characteristics of tile development. One characteristic of a housing development that would allow thc addition of density bonuses is the provision of affordable housing ill the development. The provision of affordable housing units may add tip to eight dwelling units per gross acre to thc base density of four, six or eight residential dwelling units per gross acre, for a lmal of twelve, ibm'teen 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 comp,act rural developments are allowed at a density 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 ofonohalfto four dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential dwelling milts per gross acre, plus any other density bonuses available. 2.7.7.2.3. Preapplication conference. Prior to submitting an application tbr AHDB, a preapplication conference ma3' be scheduled with the development services director. If the proposed development is to include affordable housing, the housing and urban improvement director s~a!! must participate in the preapplication conference. The preapplication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity lbr the county staff to obtain a clear understanding of the proposed development. The Al IDB 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 take file form ^r ,~ be combined with; an application for a planned unit development (PUD), a rezone, or a~ AHDB deve!opme::t agreement a Stewardship Receiving Area. 2.7.7.2.4. Application. An application for AHDB for a development ,g~a!! 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 s!m!! must be provided for the housing and urban improvement director. The applications~a!! must, at a minimum, include: 1. Zoning districts proposed by the applicant, if an;.', 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 Receivin~ Area or an ................... ~ ......... " 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. 2.7.7.2.6. Review and recommendation by the housing and urban improvement director. After receipt of a completed application for AHDB, the housing and urban improvement director shah must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this division,,,,~,~-a ,."c -vv..~-~,~,-.~:~'~ The housing and urban improvement director $~a!! must coordinate a. rezone with the development services director; amt to schedule the AHDB application with the companion application for rezoning, planned unit development or stewardship receiving area, and s~a!! 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 sLa!! must include a report in support of his recommendation. 2.7.7.2.7. 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 commission s!m!l must schednle and hold a properly advertised and duly noticed public hearing oil the application. If the applicatiou has been submitted in conjunction with an application for a PUD, then the hearing slmll 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 :~a!l 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 hearing s~a!! must be consolidated and made a part of the public hearing on the application for rezoning before the planning commissiofi, Page 25 of 35 Words struck throug~ are deleted, words underlined are added and the planning commission shah must consider the application lbr AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction 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. ~ the event t~at t~z application ~r AHD~ has nat ~ ...... ~;*'~ in .~-j ..... : ..... :,~... app!icaticn r~. m ~ or ~" application c ........ : ..... ~,. fl~e appScat~en fro' AIIDE shal! nonetheless be trealed ag a rezonh~g on the preperty an~hag ...... ~ ..... ;,h ,~ requirements r.~ a rezenk:g, as .... n as t~e requkementg ~c,~,;o sec44~ After thc close of the public hearing, the planning commission shall must review and evaluate the application in light of the requirements of this division and the requirements for a rezoning, PUl) rezonin& or stewardship receiving area, as applicablg~ and shall must recommend to the board of county commissioners that the application be denied, granted or granted with conditions. · - ~ ..... ~ ......m r~ .... ~;~;~" (Le., ~" application to maintain the existing :on:ns ~,, 's~ prope~y in '~ c~ ora ............. v,~ ..... , ............ppi:cat:on for AHDB ~H.n con:p!) .... :*'~ *~ ....... Fo- ~ .... ~p ...... agreements ""~ d.. ~.u:~ Count;.' ~ .... ~ ...... ~ Agreement ~.A; ...... [Code ch. ~n<, aft. ~x/1 ...... II aS *~ requirements .c ,h:~ section, in ~: .... c compliance .,,m. rez~ning requirement referenced in th~s section. 2.7.7,2.8. Review and determination by board of counO, 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 sSa!l must schedule and hold a properly adve~ised and duly noticed public hearing on the application, if the application has been submitted in co[junction with an application for a planned unit development (PUD), then the hearing ~ must be consolidated and made a pa~ 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 lot the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing shall must be consolidated and' made a pan of the public hearing on the application for rezoning before the board of county commissioners, and the board of county commissioners shall must consider the application l~r AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a pan of the public hearing on the application tBr stewardship receiving area before the board of county commissioners, and the board of county commissioners must consider the application for AHDB in conjunction with the application for stewardship receiving ,~, ~ .... :-~ as ....u ~ ,~.~ requirements ~c,h: ..... ;~,. After the close of with the requirements *~" a ......... e 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 tbr a rezoning, and shall must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. However, ift~e application far AHDE does not .. .... .h~ a~.~;.;~o or ................ or .... zon:ng ....... prope~y ..... ;-,. or p~ .... a ,,.;, development app!icati=n, m~..~ application c~. a unn ~k.u ..... ~,, · .,;,~ *~= requirements c~. a .... ~p~=-* agreements ,,.a=. ,~0 ~u;~. o .... *., Development Agreement ~.a; ..... [Code ~h 106, ~" nfl ...... u ~ ,h~ requirements ~C,hlo ..... ~; .......;,k .h~ · · , .......... in this ..... v .................rezonlng requ:rements .=c ....... a ........ , SUBSECTION 3.G , * * va AMENDMENTS TO DIVISION 3.2. SUBDIVISIONS DIVISION 3.2., Subdivisions, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.2. SUBDIVISIONS Sec. 3.2.8. Improvement Plans. Page 26 of 35 Words struck through are deleted, words underlined are added 3.2.8.4il 6. Streets. The street layout of all subdivisions or developments shall be coordinated with the street systems of the surrounding areas. Adjacent properties shall be provited 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 conlbrm to the Collier County comprehensive plm. 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 right~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 tbr optimum xehicular and pedestrian safety, long service life and low cost of maintenance. I. 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 dedbated 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. 2. Adjoining or proposed adjoining street aystems. 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 cdlector street, buffering shall be required per division 2.4. 3. 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 o the subdivision. 4. 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 trafficanalysis, 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 la 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. 5. Street right-oJZway 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 Local Minor collector Minor collector (divided) Major collector or minor arterial* 60 60 80 80--100 As determined for median and turn lanes R/W Width* Number of Lane Width (feet) lanes 2 10 2 10 2 11--12 2 11--12 4 I 1--12 Page 27 of 35 Words ~ .~,. ,k ...... k otru ......... ~,.. are deleted, words underlined are added Note: Any rural cross sections approved may require expanded right-of-way widths tbr 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. 6. Dead-endstreets. Dead-end streets shall be prohibited except when designed as a cul-de-sac. When a street is designed to be exlended wl~en tile adjacent property is developed, a temporary cul-de-sac and right-of-way shall be designed. Culs-de-sac itl 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 o£ valley gutter) and 60-l'oot right-of-way radius, if islands are to be installed within a cul-de-sac, they shall have a minim, urn 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) 7. Curbs/valley gutter. All streets shall be provided with valley gutter or curbs to provide lbr 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. 8. 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. All intersections shall be provided with ramps where sidewalks are required. 9. 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 75foot tangent measured from intersecting centerlines. All local cross streets or stop meets 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. Street jogs, at intersections, shall be prohibited. In no case shall intersections be located closer than 100 feet apart, as measured between closest right-of-way lines. The use of the 100-foot intersection separation criteria shall be used only when a traffic inpact analysis indicated that neither intersection will require turn lanes or signalization. Intersections of more than two streets shall be subject to the approval of the community development and environmental services administrator. lO.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 Tangent (Minimum) (feet) Cul-de-sac 25 Local 50 Minor collector/commercial/industrial 75 All other streets 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, vahere 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. Page 28 of 35 Words ...... t, ,~, ..... ~' ~' deleted, words underlined are added Supp. No. 13 hi-de-loc Detail I~ot to Scale Figure 4 LDC3:50.1 12.,~htteria/s. Streets shall include a stabilized subgrade, base and wearing surthce in accordance with standards designated by the development services director and as shown in the typical sections. a. Subgrade and shoulders. All subgrade and shoulders shall be stabilized to a depth of 12 inches and to the filll width as shown on the typical section drawing. The stabilized area sh,'tl be tree 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 TI 80. [the bearing value oftl~e 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 tbr Road and Bridge Construction (latest edition thereoO. The construction of the subgrade and shonlders shall generally conform to sections 160-8 and 160-9 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition thereol). b. 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 shalhneet the standard specifications for grade no. 2 limerock and shall be compacted to obtain at least 98 percent maximum density as determined by AASHTO T180. Construction and materials of the base shall conlbrm to sections 200 and 91 I of Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition tl~ereof). Alternate base courses that meet FDOT specifications may be considered and approved by tl~e development services director. c. Prime. The base shall be primed with type RC-70 bituminous material of SS-I (asphalt emulsion) and shall comply with section 270-2 of the standard Florida department of transportation specifications. d. Surface course. The surface course thickness and width shall be as specified in the t~pical 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. e. 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. f. Maintenance. The applicant shall be responsible for maintenance of the roads for the period between preliminary and final acceptance as specified herein. This includes workmavship, materials, and all repairs and maintenance. g. 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 thc 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 he test results along with a statement of compliance issued by the testing laboratory, shall be furnished to the development services director. h. 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. i. 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 from 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. j. Pauement striping. All work shall be in accordance with section 711 ofthe Florida Department of Transportation Standard Specifications for Road and Bridge Constrnction (latest edition thcreol). 13.Alternative types oJpavement, base and subgrade. Alternate types of pavement, base and subgrade determined by the .development services director and/or the transportation services Page 29 of 35 Words struck throug~ are deleted, words underlined are added 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, I~, 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 l~br tile 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 d'ainage. 16. Marginal ~tccess streets. Where a subdivision or development abuts or contains existing limited access highway, I'rceway or arterial street, and il'access is desired to a4ioining property otb? than street connections, a marginal access street to al'Ibrd separation of through and local tral'fic ma3 bc required bt' the development services director. 17. Half streets. Half or partial streets shall not be permitted except where essential to the reasonable development of a property in conformance with the ci£ulation plan, comprehensive plan or these regulations and where, in addition, dedication of the remaining part of the required street right-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. 18. 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. 19. 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. 20. Pavemenl samples. The developer shall provide core samples of both the base course and surthce 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 andconstruction 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 broughtup to county standards. 21. Sidewalk parking. The distance from the back of the sidewalk to the garage door must be 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 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. SUBSECTION 3.H AMENDMENTS TO DIVISION 3.3., SITE DEVELOPMENT PLANS DIVISION 3.3., Site Development Plans, of Ordinance 91 - 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS Page 30 of 35 Words struck through are deleted, words underlined are added Sec. 3.3.7. Site development plan review (SDP) procedures. 3.3.7.1.9. lnfi'astructure improvements plans. Detailed on-site and oil:site infrastructure imp,'ovement plans and construction documents prepared in conlbl'mancc with thc design standards of division 3.2 and any currcm COtllfl)' ordimmccs, regulations, p~licics and procedures which consist o1~ but are no~ limited to, the following i~ems: 1. A cover sheet setting forth the development name, applicant name, name of engineering firm, and vicinity map. 2. Improvements for water and sewer service as needed or as imy have been specified during a preliminary site development plan review prepared in conformance with Collier County Ordinance No. 88-76, as amended. , 3. Improvements for roadway, motor vehicle and not}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 reqtirement, all references in section 3.2.8.4 to "subdivision" should be read to mean development, where applicable and appropriate). 4. 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. 5. The absence of obstructions in the public right-of-way shall be demonstrated, including provisions lbr sale and convenient street crossing. Sidewalks and bik~ paths at intersections shall continue to the edge of curb as depicted by Illustrations I and 2. GRAPHIC LINK (not available): Illustration 1 6. Two curb ramps shall be provided for sidewalks and bike paths at each street corner of an intersection. Curb ramps shall be a minimum of 36 inches iii 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. &7. 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 3.28.4 subdivision design requirements (for purposes of this requirement, all references in section 3.2.8.4 to "subdivision" should be read to mean develoPment, where applicable and appropriate), and pursuant to South Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E-41, Florida Administrative Code. 7-:.8. All necessary standard and special details associated with sections 3.3.6.2.9.2. through 3.3.6.2.9.6. above. 8.9. Written technical specifications for all infrastructure improvements t) be performed. 9:. 10. Engineering design computations and reports for water, sewer, roads and water management facilities, as required by federal, state and local laws and regulations. 40:.1 i. Topographical map of the property which shall include the folbwing: a. Existing features, such as, watercourses, drainage ditches, lakes, marshes. b. Existing contours or representative ground elevations at spot locations and a minimum of S0 feet beyond the property line. c. Benchmark locations and elevations (NGVD). 44.12. Site clearing plan and method of vegetation disposal. 4~.13. Sidewalks, bike lanes and bikepaths. For all projects required to be developed through the. site development plan (SDP) process, the developer shall be required to construct sidewalks or Page 3 ! of 35 Words struck t~rm:gh are deleted, words underlined are added Illustrat/on I Supp. No. 9 LDC3:73 Illustration 2 bikepaths, and bike lanes where applicable, as described below, unless otherwise exempted from the subdivision regulations of this Code. Sidewalks or bikepaths, and bike lanes shall be constructed contiguous to public and private roadways which are adjacent toand 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: (I). Where a cul-de-sac or dead-end street exists within an approved singlesfamily 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 singlo-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). d. 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. e. 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 actninistrator 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 volumeson 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. (4). A design that does not encourage additional landscape erea 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 ha 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. fi Developments that provide an internal bikepath system, which functions primarily for transportation purposes, not recreation, and which connects with existing public bicycle paths or bike lanes may be exempt from the sidewalk/bikepath requirement. The comty's transportation services division administrator may grant such an exemption if the alternative system functionally operates equal to the standards of the county bikeway system, interconnects with the existing or proposed county bikeway system and wii be perpetually open to the public. g. Developments providing interconnections to existing and future developments pursuant to the density rating system section of the Collier County growth management plan future land use element, shall include sufficient fight-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. h. 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 bike lane construction and deposit the same into a fund approved by the transportation services director, Page 32 of 35 Words stn:ck t~r,~t:gS are deleted, words underlined are added or his designee, for future construction of required sidewa!ks/bikepaths and bike lanes, by the county. 4~. 14. Completion of site development plans. Upon completion of the infrastructure improvements associated with a site development plan, and prior to lhe 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 occnpancy may then bc issued. 15. Sidewalk parking. The distance fi'om the back of the sidewalk to the garage door must be 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 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. SUBSECTION 3.1 AMENDMENTS TO DIVISION 6.1., RULES OF CONSTRUCTION DIVISION 6.1., Rules of Construction, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.1. RULES OF CONSTRUCTION Sec. 6.1.43. Day. ........ ~o~,~ .~., The word "day" will be construed to mean business T~e ';,',~r~ "~°y" oh~n mean a ........... ;. clay when action is required by either the applicant or the County, unless expressly stated otherwise. Sec. 6.1.3,4. Computation oftlme"business day". the last da;,'; if the last da2,' is a Sat'arday, S'anday er legal holiday, that da;,' shall be excluded A business day is any day other than a Saturday, Sunday or County-recognized holiday. The first business day shall be excluded from the computation for action, but every_ other business day shall be included. SUBSECTION 3.J AMENDMENTS TO DIVISION 6.3., I)EFINITIONS DIVISION 6.3., Definitions, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS Adjacent (applicable to School Board Review issues on!v): Lying near or adjoining Page 33 of 35 Words ...... [ '~' ...... ~' ~,~ deleted, words underlined are added Ancillary 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. :tuxiliary ['acilit¥: 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 i~ett~rs of Compliance are requested and that pertains to issues of compatibility with surrotmding uses, COlnplimentary patterns of development and mitit~ation of negative impacts. The Compatibility Review will be limited to compatibility issues, external sidewaks and pathway connections, l_ighting, 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 of property whether such property is consistent with the locational criter~ia of the Growth Management Plan's Future Land Use Element and Map, Golden Gate Area Master Plan and Immokalee Area Master Plan, and whether the plant or facility is a permitted usc, conditional use or prohibited use in the zoning district on the site, pursuant to the 1996 interlocal Agreement. Educational Facilities: The buildings and equipment, structures, and special edt, cational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily ihe 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. Fire station: The building(s) and site of a government establishment primarily engaged in firefighting, used to house fire trucks and other emergency vehicles, firefighting equipment and ' apparatus, firefighters, and support/administrative staff. Fire station services, ancillary: 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 equil~nent is not an ancillary fire station service. 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 lmmokalee 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 lnterlocal Agreement: the lnterlocai 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 lnterlocal 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.., SUBSECTION 3.K AMENDMENTS TO APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS APPENDIX B, Typical Street Sections and Right-of-Way Design Standards, of Ordinance 91-t 02, as amended, o1' the Collier County lxmd Development Code, is hereby amended to read as follows: Page 34 of 35 Words struck t~r~t:g,h. are deleted, words underlined are added o 0 0 E Z 0 0 (~ "0 "0 !'1'1 Z X I 0 0 -~ 0 0 Z C~ -4 ~0 C- O 0 0 0 0 0 Z -4 0 0 0 0 (1) ~- 0 E 0 < ~1..Io Cai Z o o Z I o Z 0 C MATCH LINE 0~3 Z-O c~T~ m o ;0 Z 0 ~E ~-"n rt~- 3NI-I H31¥~1 0 0 0 0 Z -I ..< nl Z -i 0 0 0 0 Cb ~ 0 t- n -~ 0 'ID 'ID i'n Z ---I I'rl I'rl ITl 0 "a < Z 0 f- O 0 0 0 0 C Z --4 rn Z .-! 0 SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State,. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK COMMISSIONERS BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA By: D~puty Clerk By' TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 35 of 36 Words str'..'clz t~r~'~:g~ are deleted, words underlined are added August 18, 2003 Attn: Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: LDC-2003-02-CYCL~. 2-(7 DAY) Dear Pam: Please advertise the above referenced notice and map (which I have faxed to you) on Tuesday, September 2, 2003. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O./Account ~ 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on WEDNESDAY, SEPTEMBER 10, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 5:05 P.M. The title of the proposed Ordinance is as follows: 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; ARITCLE 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. Final Adoption of the ordinance will be considered at a second public hearing on October 8, 2003. Ail interested parties are invited to appear and be heard. Copies of the proposed Ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. NOTEs Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Teri Michaels, Deputy Clerk (SEAL) FAX TO: PAM PERRELL LOCATION: Naples Daily News FAX NO.: (239) 263-4703 COMMENTS: ~ "'"~~- ~ FROM: Board Minutes & Records LOCATION: COLLTER COUNTY COURTHOUSE (239) 774-8408 FAX NO: PHONE NO: DATE SENT: TIME SENT: # OF PAGES: (239) 774-8406 ~/2003 AM ~la~ (Including cover) Teri Michaels To: Subject: paperrell@naplesnews.com ATTN:PAM - DISPLAY hey porn re: Idc-200$-02-cycle 2 (7 doy) to be advertised rue. 9/2/03 im foxing the mop to you pis confirm recept of this request thonks porn! teri LDC-2003-02-CYCL LDC-2003-02-Cycle E 2(7 DAY).doc... 2-7 day .doc... Teri Michaels From: Sent: To: Subject: postmaster@clerk, collier.fl, u s Monday, August 18, 2003 2:08 PM Teri Michaels Delivery Status Notification (Relay) A'l-1-137998.txt A-CFN :PAM - DISPLAY This is an automatically generated belivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell~naplesnews.com Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, August 18, 2003 2:00 PM Teri Michaels Delivered: ATTN:PAM - DISPLAY A'I-FN: PAM - DISPLAY <<ATTN:PAAA - Ib;ESPLAY>> Your message To: paperrell~naplesnews.com Subject: ATTN:PAM- DZ'SPLAY Sent: Mon, 18 Aug 2003 14:07:43 -0400 was delivered to the following recipient(s): Perrell, Pamela on Mon, 18 Aug 2003 14:00:16 -0400 Teri Michaels To: Subject: paperrell@naplesnews.com REVISED hey para re: Idc-2OO3-O2-cycle 2 (7 day) pis replace the notice you have with this one ..... pis confirm thanks, teri LDC-2003-02-Cycle 2-7 day .doc... Teri Michaels From: Sent: To: Subject: postmaster@clerk.collier.fl .us Monday, August 18, 2003 2:36 PM Ted Michaels Delivery Status Notification (Relay) ATT138141.txt REVISED This is an automatically generated belivery Status Notification. Your messoge has been successfully reloyed to the followin9 recipients, but the requested delivery status notifications moy not be 9eneroted by the destination. paper rel I ~ nap lesnews.com Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, August 18, 2003 2:29 PM Teri Michaels Delivered: REVISED REVISED <<REVISED !!!!>> Your message To: paperrell@noplesnews.com Subject: REVISED !!l! Sent: AAon, 18 Aug 2003 14:36:01 -0400 was delivered to the following recipient(s): Perr¢ll, Pamela on Man, 18 Aug 2003 14:28:34 -0400 Teri Michaels From: Sent: To: Subject: Ted Michaels Monday, August 18, 2003 2:08 PM 'paperrell@naplesnews.com' ATTN:PAM - DISPLAY Importance: High porn-did you rec'v this emoil (& fax) originally sent on man. 8/187 i didn't get a confirmation from you ..... pis advise...thonks, teri hey porn re: Idc-2OO3-O2-cycle 2 (7 day) to be advertised rue. 9/2/03 im foxing the mop to you pis confirm recept of this request thanks porn ! teri LDC_2003-02~CYCL LDC-2003-02-Cycle E 2(7 DAY).doc... 2-7 day .doc... Teri Michaels From: Sent: To: Subject: postmaster@clerk.collier.fl .us Wednesday, August 27, 2003 4:18 PM Teri Michaels Delivery Status Notification (Relay) A'FF466450.txt Al-TN: PAM - DISPLAY This is an automatically generated belivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell~naplesnews.com Teri Michaels From: Sent: To: Subject: Importance: System Administrator [postmaster@naplesnews.com] Wednesday, August 27, 2003 4:10 PM Teri Michaels Delivered: ATTN:PAM - DISPLAY High ATTN: PAM - DISPLAY <<ATTN:PAM - DISPLAY>> Your message To: paperrell~naplesnews.com Subject: ATTN:PAM- DISPLAY Sent: Wed, 27 Aug 2003 16:18:06 -0400 was delivered to the following recipient(s): Perrell, Pamela on Wed, 27 Aug 2003 16:10:12 -0400 To: Cc: Subject: paperrell@naplesnews.com; Pam M. Wheeler Maureen A. Kenyon DUPLICATE AD RE: LD¢-2OO3-O2-CYCLE ZT (7 bAY) bi:SPLAY Ab FOR THE PLANN'rN6 DEPT. (RUSSELL WEBB)- ACCT.#: 113-138312-649110 RAN ZN THE NAPLES DAZLY NEWS ON TUESDAY, 9/2/03 Tw'rcE. PAM WHEEbER, PLEASE PAY 'rNV.CC 99701994, DO NOT PAY DUPbZC::ATE AD ]:NV.CC 99727850. THANK YOU! TERZ MICHAELS DUPLICATE AD Page 1 of 1 Patricia L. Morgan From: Teri Michaels Sent: Monday, September 15, 2003 12:55 To: 'Perrell, Pamela' Cc: Maureen A. Kenyon; Patricia L. Morgan Subject: RE: DUPLICATE AD thanks porn! ..... Original Message ..... From: Perrell, Pamela [mailto:paperrell@naplesnews.com] Sent: Monday, September 15, 2003 12:13 PM To: Teri Michaels Subject: RE: DUPLICATE AD Teri: I wrote a credit for the dup. ad. PAM ..... Original Message ..... From: Teri Michaels [mailto:Teri.Michaels@clerk.collier.fl.us] Sent: Wednesday, September 03, 2003 12:05 PM To: paperrell@naplesnews.com; Pam M. Wheeler Cc: Maureen A. Kenyon Subject: DUPLICATE AD RE: LDC-2OO3-O2-CYCLE II (7 DAY) DISPLAY AD FOR THE PLANNING DEPT. (RUSSELL WEBB)- ACCT.# 113-138312-649110 RAN IN THE NAPLES DAILY NEWS ON TUESDAY, 9/2/03 TWICE. PAN~ WHEELER, PLEASE PAY INV.# 99701994, DO NOT PAY DUPLICATE AD INV.# 99727850. THANK YOU! TERI N~ICHAELS 9/15/2003