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Agenda 10/28/2014 Item # 9A
10/28/2014 9.A. EXECUTIVE SUMMARY Recommendation to consider an ordinance amending Ordinance number 0441, as amended, the Collier County Land Development Code, which includes the comprehensive land 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: Chapter 1 — General Provisions, including Section 1.08.02 Definitions; Chapter Two — Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts, more, specifically (1) to amend the permitted uses in the Agricultural and Estate districts to allow hogs to be kept for show by children enrolled in a 4-H development program, and (2) to amend the accessory uses in the Estate District to allow off -site retail sale of fruits, vegetables, and nursery plants grown on site; Chapter Four — Site Design and Development Standards, including Section 4.02.07 Standards for Keeping Animals; Chapter Five — Supplemental Standards, -including Section 5.04.05 Temporary Events, Section 5.05.05 Automobile Service Stations, more specifically, to allow automobile service stations with more tham8 fuel pumps within 300 feet . of residential property to seek approval as part of a planned unit development or conditional use; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. OBJECTIVE: To amend the provisions of the Collier County Land Development Code (LDC) to serve the best interest of the public. CONSIDERATIONS: The Board of County Commissioners (Board) directed the following LDC Amendments be prepared, publically vetted, and brought forward for consideration: 1. On Tuesday, January 14, 2014, the Board directed the process to raise hogs in conjunction with the 4 -H Youth Development Program be changed from a public hearing process to an administrative process. The proposed amendment seeks to streamline the process for raising hogs by adding this use to the list of accessory uses in the Estates and Agricultural zoning districts. 2. On Tuesday, January 14, 2014, the Board directed that the Estates zoning district accessory use section be amended to allow for the residents to grow fruits, vegetables for both personal consumption and off -site retail sale, such as at farmer's markets. During the vetting process, the ability to grow and sell nursery plants, the site design standards and the requirement for a Home Occupational license as added. 3. On Tuesday, July 8, 2014 (and clarification on Tuesday, September 23`d), the Board directed staff to develop an amendment pertaining to the regulation of automobile service stations, including gas stations, abutting to residential property that have more than eight fuel pumps or provide for fueling of more than eight cars at any point in time. The proposed amendment establishes that automobile service stations shall be limited to eight fuel pumps when located within 300 feet of residential property; however, a greater number of fuel pumps may be sought through the conditional use process or as part of a Planned Unit Development. Staff has publically vetted the three Out of Cycle LDCA Amendments with community organizations, advisory boards and held two Public Information Meetings. The Public Information Meetings were designed to provide information to the public about the amendments, to answer individual questions posed by the public, and to provide an opportunity to comment on the proposed changes. Additional Packet Page -16- 10/28/2014 9.A. information about the Public Information Meetings is noted on each individual amendment and all public comments have been included in the Public Comment attachments. The Development Services Advisory Committee — Land Development Review Subcommittee (DSAC- LDR) reviewed the amendments on August 27, 2014, September 9, 2014 and September 24, 2014. The subcommittee's recommendations were shared with the full Development Services Advisory Committee on October 1,2014. The recommendations from each committee are identified on the Summary Sheet. At several of the meetings, members of the public attended and provided comments and feedback to the committee on the proposed amendments. These comments are also included in the Public Comment attachments. The Planning Commission reviewed the proposed amendments on Thursday, October 16, 2014 at 5:05 p.m. The Planning Commission recommended several text changes which have been included in the amendment language. The Planning Commission heard two members of the public speak on the amendment regarding changes to LDC section 5.05.05 Automobile Service Stations and voted 6-0 to approve the amendments as edited. LDC Amendments are scheduled for consideration at two Board hearings. The first Board hearing is Tuesday. October 28, 2014. The second Board hearing is scheduled for Tuesday,November 18, 2014. As several of the proposed amendments seek to change the list of permitted, conditional, and prohibited uses of land, the amendments are subject to LDC section 10.03.06 K. This section requires that the amendments are considered at two Board hearing dates, with one hearing scheduled after 5:00 p.m., unless this requirement is waived by the Board. On Tuesday, October 14, 2014, the Board voted to waive the after 5:00 p.m. requirement. FISCAL IMPACT: As noted for each individual amendment. LEGAL CONSIDERATIONS: The LDC Amendments are approved as to form and legality. A four- fifths vote is required for approval. At the conclusion of the hearings for this LDC cycle, the Board will adopt the Ordinance containing these amendments. --HFAC GROWTH MANAGEMENT IMPACT: As noted for each individual amendment. RECOMMENDATION: That the Board of County Commissioners approves the proposed amendments to the LDC and provide direction to Staff as to any modifications to the proposed text. Prepared By: Caroline Cilek, A1CP, Land Development Code Manager, Growth Management Division, Development Review Section Attachments: 1. Summary Sheet 2. LDC Amendment 2.03.01 Agricultural Districts. 4.02.07 Standards for Keeping Animals, 5.04.05 Temporary Events and related attachments. 3. LDC Amendment 2.03.01 Agricultural Districts and related attachments 4. LDC Amendment 1.08.02 Definitions, 5.05.05 Automobile Service Stations and related attachments 5. All Public Comments Packet Page -17- 10/28/2014 9.A. ^ COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. Item Summary: Recommendation to consider an ordinance amending Ordinance number 04 -41, as amended, the Collier County Land Development Code, which includes the comprehensive land 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: Chapter 1- General Provisions, including Section 1.08.02 Definitions; Chapter Two - Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts, more specifically (1) to amend the permitted uses in the Agricultural and Estate districts to allow hogs to be kept for show by children enrolled in a 4 -H development program, and (2) to amend the accessory uses in the Estate District to allow off -site retail sale of fruits, vegetables, and nursery plants grown on site; Chapter Four - Site Design and Development Standards, including Section 4.02.07 Standards for Keeping Animals; Chapter Five - Supplemental Standards, including Section 5.04.05 Temporary Events, Section 5.05.05 Automobile Service Stations, more specifically, to allow automobile service stations with more than 8 fuel pumps within 300 feet of residential property to seek approval as part of a planned unit development or conditional use; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. Meeting Date: 10/28/2014 Prepared By Name: CilekCaroline Title: Manager - LDC, Environmental Services 10/1/2014 11:55:31 AM Submitted by Title: Manager - LDC, Environmental Services Name: CilekCaroline 10/1/2014 11:55:32 AM Approved By Packet Page -18- 10/28/2014 9.A. Name: PuigJudv Title: Operations Analyst, Community Development&Environmental Services Date: 10/20/2014 10:13:27 AM Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 10/20/2014 11:28:36 AM Name: McLeanMatthew Title: Project Manager,Principal, Operations and Regulatory Management Date: 10/20/2014 3:18:28 PM Name: FrenchJames Title: Director-Operations Support, Operations &Regulatory Management Date: 10/20/2014 3:43:54 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 10/20/2014 4:07:27 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 10/21/2014 10:49:38 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/21/2014 10:53:33 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 10/21/2014 11:40:08 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering& Construction Management Date: 10/21/2014 12:20:58 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 1 0/21/2014 3:25:29 Pier Packet Page -19- C Ln .w E C E O E vA, W C CU -a E L Q O U m G1 N Q O S .w �= � 3 O rr v A, N L E E 10/28/2014 9.A. 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Bold text indicates a defined term LDC Amendment Request --� ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendments LDC SECTION(S): 2.03.01 Agricultural Districts CHANGE: Currently, the LDC allows for the raising of field crops for the consumption of persons residing on the premises in the Estates zoning district as an accessory use. The proposed amendment seeks to amend the Estates zoning district accessory use section to allow for the residents to grow fruits, vegetables and nursery plants for both personal consumption and off -site retail sale, such as at farmer's markets. The proposed amendment establishes that commercial farm enterprises are subject to site design standards and a Home Occupational license as established in LDC section 5.02.00. The LDC states that the purpose and intent of the Estates District (E) is to provide land for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to the existing accessory use permitting the raising of crops for personal n consumption, other agricultural accessory uses in the Estates district include the following. • Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. • Keeping of horses and livestock (except hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. o On lots /parcels of 1.25 acres and greater, LDC section 5.04.05 D.1. provides for the issuance of a 16 -week temporary use permit to keep a maximum of 2 hogs while engaged in a bona fide 4 -H youth development program. • Excavation and related processing and production subject to the following criteria: • These activities are incidental to the permitted uses on site • The total amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in section 10.08.00. I: \2014 LDC Amendment Cycle 2\Amendments \2.03.016.1.b Estates Dist. Adding commercial accessory use for BCC 102814.docx 10/20/2014 8:36:07 AM Packet Page -23- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term Several communities in Florida have zoning districts that allow for residential and agricultural uses. For example, Hardee County has established a Farm - Residential zoning district in LDC section 2.29.02.04 with the primary purpose to ... "provide areas in Hardee County for very low density residential development in combination with limited agriculture, public and community services, infra - structure, and recreation and open space land uses. In accordance with the Hardee County Comprehensive Plan, residential development may be single-family attached or detached dwellings, and farmworker housing development at a permitted density of not more than one dwelling unit per gross acre. " The minimum lot size is 1 acre and allows for citrus grove /orchard, forestry, truck farming/ row cropping, sod farm, tree farm/plant nursery (wholesale /retail), and ranching/ pasturing. (Hardee Land Development Code Tables 2.29.02 (A) and 2.29.02(C)) This district also allow for produce sales: Excess produce and other products agricultural in nature and harvested from orchards, vineyards, nurseries, ornamental horticultural areas, groves, noncommercial greenhouses, etc. as well as excess produce, etc. harvested from any commercial farm, may be sold on the premises to the general public by means of a roadside stand or similar structure. All setbacks must be a minimum of 50 feet from the front property line. Other setbacks will be observed as is required for an accessory structure. Palm Beach County has established an Agricultural Residential zoning district. Pursuant to Article 3 - Overlays and Zoning Districts - Chapter C Standard Districts - Section LC of the Unified Development Code the purpose of the Agricultural Residential district is "... to protect and enhance the rural lifestyle and the quality of life of the residents in areas designated rural residential, to protect watersheds and water supplies, wilderness and scenic areas, conservation and wildlife areas, and to permit a variety of uses that require non -urban locations but do not operate to the detriment of adjoining land devoted to rural and residential purposes. Bona fide agricultural uses, community gardens, and agricultural storage are permitted in this zoning district. A special permit is required to operate a produce stand. " This amendment replaces the term "field crops" with "fruits and vegetables" in order to better describe the type of plants that can be grown in Southwest Florida. Further, during the development process of the amendment, one of the Collier County Commissioners suggested adding the term "nursery plants." The term "nursery plants" is intended to include food plants, ornamental trees, shrubs, flowers, etc. For the commercial agricultural accessory use, several dimensional criteria are proposed to address compatibility with the residential use in the Estates zoning district. This includes 1) establishing that farm operations shall not occupy more than 50 percent of the lot and 2) that farm operations shall be 30 feet from any property line. In addition, the existing LDC section for clearing vegetation in the Estates district has been included. The proposed standards are designed to address increases in vegetation clearing, fertilizer and pesticide use, and compatibility within the zoning district which were brought up during the August 14th Public Information Meeting at the University of Florida IFAS Extension Collier County facility. Please see Attachment 1 for graphics that illustrate the Estate lot dimensions and sizes. I: \2014 LDC Amendment Cycle 2\Amendments\2.03.01 13.1.b Estates Dist. Adding commercial accessory use for BCC 102814.docx 10/20/2014 8:36:07 AM Packet Page -24- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term The proposed amendment subjects farm operations to a Home Occupational license. LDC section 5.02.00 — Home Occupations establishes the following standards: 5.02.01 Applicability Home occupations shall be allowed in any zoning district which permits residential dwellings as a permitted use. 5.02.02 Allowable Home Occupation Uses There shall be no retail sale of materials, goods, or products from the premises. 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on -site or off -site advertising signs. C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated there from who are not residing at the subject addressor by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on -site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. G. The on -site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on -site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. I. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. The proposed use supports and advances sustainability measures in several ways. First, it supports the continuation of at home sustainable practices, such as growing food for persons residing on site. It also supports the "Buy Fresh, Buy Local" practices and opens up opportunities for small business and home occupations. In the future, commercial farm operations which seek an Agricultural Classification from the Collier County Tax Appraiser may qualify for the Right to Farm Act as established by the Florida Statutes. 1-11, 1:12014 LDC Amendment Cycle 2\Amendments\2.03.01B.1.b Estates Dist. Adding commercial accessory use for BCC 102814.docx 10/20.2014 8:36:07 AM Packet Page -25- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term ^, REASON: The proposed amendment follows the Board's direction to allow for expanded agricultural uses in the Estates zoning district and to allow for sale of local produce at farmer's markets. PUBLIC INFORMATION /COMMUNITY MEETINGS: A public information meeting (PIM) was held on Thursday, August 14, 2014 at the University of Florida IFAS Extension Collier County facility to seek public input. A short presentation was provided by staff regarding two of the LDC amendments. Following the presentation, two stations were set up, one for each LDC amendment, and the public was able to ask staff questions one -on -one. The public was encouraged to provide written comments at the meeting. Two main issues arose from the public: 1) Setbacks were not identified for nonconforming lots and 2) The use of fertilizer and pesticides for commercial production of plants could impact water quality and potentially neighboring wells in the Estates district. The setback section of the proposed language was amended following the PIM on August 14, 2014. The revised language identifies that setbacks shall follow the minimum setback requirements for all conforming and nonconforming lots as established in LDC section 2.03.01 and LDC section 4.02.01 Table 2.1. However, the setbacks for the proposed accessory use shall be no greater than 30 feet. This caveat will ensure the 30 foot requirement is applied rather than the 75 foot minimum front and rear setback requirement for conforming lots in the Estates district. The issue of fertilizer and pesticide application is mitigated, in part, by the setback requirements. On Wednesday, September, 17, 2014 staff attended the Golden Gate Estate Area Civic Association's evening meeting and provided a short presentation on the amendment. Staff answered questions on an individual basis and solicited public input. On Thursday, October 9, 2014 staff held a PIM at the Growth Management Division to allow for public comments. Staff answered questions on an individual basis. Please see the Public Comments for the 2014 Out of Cycle LDC Amendments for all public comments. Due to the proximity of the PIM on October 9th to the Planning Commission submission deadline, any additional public comments will be provided at the Planning Commission meeting on October 16`h. FISCAL & OPERATIONAL IMPACTS: Following one year from the effective date of the amending ordinance, farm operations which seek an Agricultural Classification from the Collier County Tax Appraiser may qualify for the Right to Farm Act as established by the Florida Statutes and may become eligible for protections afforded under the Act. However, the intent of the amendment is to propose a limited commercial agricultural accessory use. Further, property owners will have the ability to qualify land in production as a bona fide commercial farm with the Collier County Property Appraiser and this may have some impact on the county's tax base. RELATED CODES OR REGULATIONS: LDC section 5.02.00 Home Occupations. I: \2014 LDC Amendment Cycle 2\Amendments \2.03.01 B.1.b Estates Dist. Adding commercial accessory use for BCC 102814.docx 10/20/2014 8:36:07 AM Packet Page -26- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP. DSAC -LDR SUBCOMMITTEE RECOMMENDATION: The subcommittee reviewed the proposed language on Wednesday, September 24, 2014 and recommended approval of the proposed amendment as written. DSAC RECOMMENDATION: DSAC reviewed the proposed language on Wednesday, October 1St and recommended approval of the proposed amendment as written. CCPC RECOMMENDATION: The Planning Commission reviewed the amendment on Thursday, October 16th at an evening hearing and voted 6 -0 to approve the amendment. OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, LDC Coordinator July 29, 2014, Revised August 13, 2014, September 19, 2014, and September 24, 2014, October 17, 2014 Amend the LDC as follows: 2.03.01 Agricultural Districts. * * * * * * * * * * * * * 1 B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands 2 for low density residential development in a semi -rural to rural environment, with 3 limited agricultural activities. In addition to low density residential development with 4 limited agricultural activities, the E district is also designed to accommodate as 5 conditional uses, development that provides services for and is compatible with the 6 low density residential, semi -rural and rural character of the E district. The E district 7 corresponds to and implements the estates land use designation on the future land use 8 map of the Collier County GMP, although, in limited instances, it may occur outside of 9 the estates land use designation. The maximum density permissible in the E district 10 shall be consistent with and not exceed the density permissible or permitted under the 11 estates district of the future land use element of the Collier County GMP as provided 12 under the Golden Gate Master Plan. 13 1. The following subsections identify the uses that are permissible by right and the 14 uses that are allowable as accessory or conditional uses in the estates district 15 (E). 16 a. Permitted uses. 17 1. Single- family dwelling. 18 2. Family care facilities, subject to section 5.05.04 19 3. Essential services, as set forth in section 2.01.03 20 4. Schools, public, including "Educational plants." 21 b. Accessory Uses. 22 1. Uses and structures that are accessory and incidental to uses 23 permitted as of right in the (E) district. 24 25 26 2. Fruits, vegetables and nursery plants grown for both personal 27 consumption and off -site retail sale such as farmer's markets 28 Farm operations that prow fruits vegetables and nursery plants 29 for off -site retail sale shall be subiect to LDC section 5 02 00 30 Home Occupations as amended and the following standards: 1:12014 LDC Amendment Cycle 21Amendmentsl2.03.01 B.1.b Estates Dist. Adding commercial accessory use for BCC 102814.docx 10!2012014 8:36:0' AM Packet Page -27- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term 31 i. Farm operations shall not occupy more than 50 percent of 32 the lot. 33 ii. Farm operations shall conform to minimum setbacks 34 established in LDC sections 2.03.01 B.2 and 35 4.02.01 A. Table 2. 1, however, no side, rear or front 36 setbacks are required greater than 30 feet. 37 iii. Vegetation removal for farm operations shall be subject to 38 LDC section 3.05.05 F, as amended. 39 3. Keeping of fowl or poultry, not to exceed 25 in total number, 40 provided such fowl or poultry are kept in an enclosure located a 41 minimum of 30 feet from any lot line, and a minimum of 100 feet 42 from any residence on an adjacent parcel of land. 43 4. Keeping of horses and livestock (except for hogs), not to exceed 44 two such animals for each acre, and with no open feedlots. Any 45 roofed structure for the shelter and feeding of such animals shall 46 be a minimum of 30 feet from any lot line and a minimum of 100 47 feet from any residence on an adjacent parcel of land. 48 i. On lots /parcels of 1.25 acres and greater, section 5.04.05 49 D.1. provides for the issuance of a 16 -week temporary use 50 permit (TUP) to keep a maximum of 2 hogs while engaged 51 in a bona fide 4 -H youth development program. 52 5. One guesthouse, subject to section 5.03.03 53 6. Recreational facilities that serve as an integral part of a residential 54 development and have been designated, reviewed and approved 55 on a site development plan or preliminary subdivision plat for 56 that development. Recreational facilities may include but are not 57 limited to golf course, clubhouse, community center building and 58 tennis facilities, parks, playgrounds and playfields. 59 7. Excavation and related processing and production subject to the 60 following criteria: 61 i. These activities are incidental to the permitted used onsite. 62 ii. The amount of excavated material to be removed from the 63 site cannot exceed 4,000 cubic yards total. Amounts in 64 excess of 4,000 cubic yards shall require conditional use 65 approval for earth mining, pursuant to the procedures and 66 conditions set forth in section 10.08.00 67 C. Conditional uses. For Estates zoning within the Golden Gate Estates 68 subdivision, the Golden Gate Area Master Plan in the GMP restricts the 69 location of conditional uses. The following uses are permissible as 70 conditional uses in the estates district (E), subject to the standards and 71 procedures established in section 10.08.00 72 1. Churches. 73 2. Social and fraternal organizations. 74 3. Child care centers and adult day care centers. 75 4. Schools, private. 76 5. Group care facilities (category 1); care units, subject to the 77 provisions of subsection 2.03.01 B.3.f; nursing homes; assisted 78 living facilities pursuant to § 400.402 F.S. and ch. 58A -5 F.A.C.; 79 and continuing care retirement communities pursuant to § 651 90 F.S. and ch. 4 -193 F.A.C.; all subject to section 5.05.04. I: \2014 LDC Amendment Cycle 2\Amendments \2.03.01 B.1.b Estafes Dist. Adding commercial accessory use for BCC 102814.docx 10/20/2014 8:36:07 AM Packet Page -28- 10/28/2014 9.A. Text underlined is new text to be added. Aketl;Feugh is clumant te;d In be deleted. Bold text indicates a defined term 81 6. Group care facilities (category II) care units subject to section 82 5.05.04 only when tenancy of the person or persons under care 83 would not: 84 i. Constitute a direct threat to the health or safety of other 85 individuals; 86 ii. Result in substantial physical damage to the property of 87 others; or 88 iii. Result in the housing of individuals who are engaged in the 89 current, illegal use of or addiction to a controlled 90 substance, as defined in section 802 of title 21, U.S. Code. 91 7. Extraction or earthmining, and related processing and production 92 not incidental to the development of the property subject to the 93 following criterion and subsection 4.02.02 C. 94 i. The site area shall not exceed 20 acres 95 8. Essential services, as set forth in subsection 2.01.03 G. 96 9. Model homes and model sales centers, subject to compliance with 97 all other LDC requirements, to include but not limited to section 98 5.04.04 99 10. Ancillary plants. 100 d. Prohibited uses. 101 1. Owning, maintaining or operating any facility or part thereof for the 102 following purposes is prohibited: 103 i. Fighting or baiting any animal by the owner of such facility 104 or any other person or entity. 105 ii. Raising any animal or animals intended to be ultimately 106 used or used for fighting or baiting purposes. 107 iii. For purposes of this subsection, the term baiting is defined 108 as set forth in F.S. § 828.122(2)(a), as it may be amended 109 from time to time. 1:12014 LDC Amendment Cycle 2\Amendments\2.03.01 B.1.b Estates Dist. Adding commercial accessory use for BCC 102814.docx 10120/2014 8:36:07 AM Packet Page -29- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division, Public Services Division, and the University of Florida/IFAS Extension Office DEPARTMENT: Growth Management Division, Public Services Division, and the University of Florida/IFAS Extension Office AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendments LDC SECTION(S): 2.03.01 Agricultural Zoning Districts, 4.02.07 Standards for Keeping Animals 5.04.05 Temporary Events CHANGE: The proposed amendment seeks to amend and clarify the process for raising hogs in the Estates and Agricultural zoning districts in relation to the County's 4 -H youth development programs. Currently, the LDC outlines that a temporary use permit must be granted by the Board of County Commissioners (BCC) in order to raise hogs in association with the 4 -H Youth Development program. However, due to the number of families that participate in the program and the existing extensive approval process, it is proposed that the procedure is placed within the administrative functions of the 4 -H Youth Development program. This will allow the program to maintain a yearly log of participants that have completed the 4 -H educational courses and are raising hogs to show at the Collier County Fair or Immokalee Livestock show. The 4 -H program will be responsible for coordinating with the Collier County Code Enforcement Department should a possible violation be identified. As a temporary permit will no longer be granted by the BCC, it is recommended that the provisions are located within the permitted Agricultural zoning district uses section for properties less than 20 acres and in the accessory uses section of the Estates zoning district. Previously, the LDC was silent as to the raising of hogs for 4 -H programs on agriculturally zoned properties less than 20 acres; however, this is likely an oversight. It is noteworthy that there are no restrictions on the raising of hogs on agricultural zoned properties greater than 20 acres. The existing standards for the accessory use, such as number of acres required, setbacks, and distance from residential structures are provided within the respective use sections. In addition, it is proposed there is a limit of 1 hog per enrolled child in the 4 -H program, as well as a limit of no more than 2 hogs per acre to address compatibility within the Estates District. In addition, LDC section 4.02.07 Standards for Keeping Animals has been modified to be consistent with the proposed amendments. REASON: The proposed amendment follows the Board's direction for a stay of enforcement ^� regarding the raising of hogs in the Estates district in association with the 4 -H program. There is 1 I: \2014 LDC Amendment Cycle 2\Amendments \2.03.01 A. Ag Dists, 4.02.07 Standards, 5.04.05 Temporary Events hogs for BCC 102814.docx 10/20/2014 8:35:21 AM Packet Page -30- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term no recent record of the Temporary Use permit being utilized by youth to participate in the 4 -H program. The amendment seeks to streamline the process and assigns the 4 -H program the responsibility to maintain the log of enrolled and approved participants. The proposed process is designed to be accessible and transparent for the community. Please see Attachment 1 for information about the 4 -H Youth Development program. PUBLIC INFORMATION /COMMUNITY MEETINGS: A public information meeting (PIM) was held on Thursday, August 14, 2014 at the University of Florida IFAS Extension Collier County facility to seek public input. A short presentation was provided by staff regarding two of the LDC amendments. Following the presentation, two stations were set up, one for each LDC amendment and the public was able to ask staff questions one -on -one. The public was encouraged to provide written comments. Comments ranged from allowing hogs to be raised by all Estates residents to only allowing them only for 4 -H youth. Others noted water quality concerns and setbacks for the premises. On Wednesday, September, 17, 2014 staff attended the Golden Gate Estate Area Civic Association's evening meeting and provided a short presentation on the amendment. Staff answered questions and solicited public input. On Thursday, October 9, 2014 at 5:30 pm staff held a PIM at the Growth Management Division n to allow for public comments. Staff answered questions on an individual basis and solicited public input. Please see the Public Comments for the 2014 Out of Cycle LDC Amendments for all public comments. Due to the proximity of the PIM on October 9th to the Planning Commission submission deadline, any additional public comments will be provided at the Planning Commission meeting on October 161h FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal and operational impacts to the County. RELATED CODES OR REGULATIONS: Administrative Code for Land Development. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP. DSAC -LDR SUBCOMMITTEE RECOMMENDATION: The subcommittee recommended approval of the proposed text and identified that the following should be noted for consideration by reviewing entities prior to adoption: 1. There are lots in the Estate District that are below 1.25 acres, such as those that are 1.14 acres (75 feet wide, 660 feet depth). The proposed language would not allow for hogs to be raised on these lots in coordination with the 4H program. 2 1:12014 LDC Amendment Cycle 2\Amendments\2.03.01 A. Ag Dists, 4.02.07 Standards. 5.04.05 Temporary Events hogs for BCC 102814.docx 10/20/2014 8:35:21 AM Packet Page -31- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term 2. Consideration should be given to recommending or requiring a 75 foot setback in the Estates District from a potable water well (including a neighboring well) in order to prevent the potential contamination of a well head. There is no minimum acreage requirement for raising hogs on agriculturally zoned properties, although the Estate District requires a minimum of 1.25 acres to raise hogs with the 414 program. Further, there are a handful of smaller agriculturally zoned properties that are west of 1 -75 which could potentially be used for the raising of hogs in coordination with the 4H program. Please see Attachment 2 for a map of the Estate and Agricultural Zoning Districts. DSAC RECOMMENDATION: The Development Services Advisory Committee supports DSAC -LDR Subcommittee' recommendation. If applicable, include Future Farmers of America as having the ability to raise hogs for the Collier County Fair and Immokalee Livestock show as well. CCPC RECOMMENDATION: The Planning Commission reviewed the amendment on Thursday, October 16th at an evening hearing. At the meeting, the Planning Commission recommended the requirement to raise hogs on a minimum of 1.25 acres be removed from the provisions for the Estate district. The acreage limitation originated from the original text and the change permits the raising of hogs on all Estate lot sizes. The limitation on the number of hogs, no more than 2 hogs per acre, and all other standards were retained as presented. The Planning Commission voted 6 -0 to approve the amendment. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, July 31, 2014, August 14, 2014, September 17, 2014, September 19, 2014, October 1, 2014, October 17, 2014. Amend the LDC as follows: 1 2.03.01 Agricultural Zoning Districts 2 3 A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) 4 is to provide lands for agricultural, pastoral, and rural land uses by accommodating 5 traditional agricultural, agricultural related activities and facilities, support facilities related 6 to agricultural needs, and conservation uses. Uses that are generally considered 7 compatible to agricultural uses that would not endanger or damage the agricultural, 8 environmental, potable water, or wildlife resources of the County, are permissible as 9 conditional uses in the A district. The A district corresponds to and implements the 10 Agricultural /Rural land use designation on the future land use map of the Collier County 11 GMP, and in some instances, may occur in the designated urban area. The maximum 12 density permissible in the rural agricultural district within the urban mixed use district 13 shall be guided, in part, by the density rating system contained in the future land use 14 element of the GMP. The maximum density permissible or permitted in A district shall 15 not exceed the density permissible under the density rating system. The maximum 16 density permissible in the A district within the agricultural /rural district of the future land 17 use element of the Collier County GMP shall be consistent with and not exceed the 18 density permissible or permitted under the agricultural /rural district of the future land use 19 element. 3 I: \2014 LDC Amendment Cycle 2\Amendments\2.03.01 A. Ag Dists, 4.02.07 Standards, 5.04.05 Temporary Events hogs for BCC 102814.docx 10/20/2014 8:35:21 AM Packet Page -32- 10/28/2014 9.A. Text underlined is new tent to be added. Bold text indicates a defined term 1 1. The following subsections identify the uses that are permissible by right and the 2 uses that are allowable as accessory or conditional uses in the rural 3 agricultural district (A). 4 a. Permitted uses. 5 1. Single- family dwelling. 6 2. Agricultural activities, including, but not limited to: Crop raising; 7 horticulture; fruit and nut production; forestry; groves; nurseries; 8 ranching; beekeeping; poultry and egg production; milk 9 production; livestock raising, and aquaculture for native species 10 subject to Florida Fish and Wildlife Conservation Commission 11 permits. 12 i. The following permitted uses shall only be allowed on 13 parcels 20 acres in size or greater: 14 a) dairying; 15 b) ranching; 16 c) poultry and egg production; 17 d) milk production; 18 e) livestock raising; and 19 f) animal breeding, raising, training, stabling or 20 kenneling. 21 ii. On parcels less than 20 acres in size, individual property 22 owners are not precluded from the keeping of the following 23 for personal use and not in association with a commercial 24 agricultural activity provided there are no open feed lots: 25 a) Fowl or poultry, not to exceed 25 in total number; 26 and 27 b) Horses and livestock (except for hogs) not to 28 exceed two such animals for each acre. 29 i. Notwithstanding the above, hoq(s) may be 30 kept for a 16 week period in preparation for 31 showing and sale at the annual Collier 32 County Fair and /or the Immokalee Livestock 33 show. The following standards shall apply: 34 a) One hog per child enrolled in a 4 -H 35 Youth Development Program is 36 permitted. In no case shall there be 37 more than 2 hogs per acre. 38 b) Premises shall be fenced and 39 maintained in a clean, healthful, and 40 sanitary condition. 41 c) Premises or roofed structure used 42 for the sheltering, feeding, or 43 confinement of such animals shall 44 be setback a minimum of 30 feet 45 from lot lines and a minimum of 100 46 feet from any dwelling unit on an 47 adjacent parcel of land. 48 a_) Hoq(s) shall not be returned to the 49 property once removed for showing 50 and /or sale. 51 3. Wholesale reptile breeding and raising (non- venomous), subject to 52 the following standards: 4 I: \2014 LDC Amendment Cycle 2 \Amendments \2.03.01 A. Ag Dists, 4.02.07 Standards, 5.04.05 Temporary Events hogs for BCC 102814.docx 10,20/2014 8:35:21 AM Packet Page -33- 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term i. Minimum 20 acre parcel size; ii. Any roofed structure used for the shelter and /or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 5.05.04 8. Communications towers up to specified height, subject to section 5.05.09 9. Essential services, as set forth in section 2.01.03 10. Schools, public, including "Educational plants." B. Estate District P. The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). a. Permitted uses. 1. Single- family dwelling. 2. Family care facilities, subject to section 5.05.04 3. Essential services, as set forth in section 2.01.03 4. Schools, public, including "Educational plants." b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2. Field crops raised for the consumption by persons residing on the premises. 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. L Notwithstanding the above hog(s) may be kept for a 16 week period in preparation for showing and sale at the 5 I: \2014 LDC Amendment Cycle 2\Amendments\2.03.01 A. Ag Dists, 4.02.07 Standards, 5.04.05 Temporary Events hogs for BCC 102814.docx 10/20/2014 8:35:21 AM Packet Page -34- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term annual Collier County Fair and /or the Immokalee Livestock show. The followinq standards shall apply: a) One hop per child enrolled in a 4-H Youth Development Program is permitted. In no case shall there be more than 2 hops per acre. b) Premises shall be fenced and maintained in a clean, healthful, and sanitary condition. c) Premises or roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any dwelling unit on an adjacent parcel of land. d) Hog(s) shall not be returned to the property once removed for showing and /or sale. P8FFAit (TUP) te keep a maximum ef 2 h9gs while engaged 4.02.07 Standards for Keeping Animals Zoning District Maximum Number of Animals A Agricultural Poultry or fowl —Total of 25 On parcels less Horses and livestock -2 per acre than 20 acres Hogs —None? Estates Poultry or fowl —Total of 25' Horses and livestock -2 per acre' Hogs —None3 - Enclosures snail oe a minimum of thirty (30) feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel_. 2 See LDC section 2.03.01 A.1.a.2.ii.b.i 3 See LDC section 2.03.01 13.1.b.4.i. 5.04.05 Temporary Events D. Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may, from time to time, be called upon to allow certain uses for specific periods of time. After public hearing, the County Manager or designee may issue a Temporary Use Permit upon receipt of satisfactory evidence that all stipulations and /or requirements have been satisfied. 6 1: \2014 LDC Amendment Cycle 2 \Amendments\2.03.01 A. Ag Dists, 4.02.07 Standards, 5.04.05 Temporary Events hogs for BCC 102814.docx 10/20/2014 8:35:21 AM Packet Page -35- n 1 0/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term 1 , 2 and sanitaFy GORdifieR. 3 , 4 � GP ft tt ft tF � � ft tF tF � tF tF tF 7 I: \2014 LDC Amendment Cycle 2Wmendments\2.03.01 A. Ag Dists, 4.02.07 Standards, 5.04.05 Temporary Events hogs for BCC 102814.docx 10/2012014 8:35:21 AM Packet Page -36- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendment LDC SECTION(S): 1.08.02 Definitions 5.05.05 Automobile Service Stations CHANGE: The proposed amendment to LDC section 5.05.05 Automobile Service Stations establishes that automobile service stations shall be limited to eight fuel pumps when located within 300 feet of residential property; however, a greater number of fuel pumps may be sought through the conditional use process or as part of a Planned Unit Development. In addition to the Findings established in LDC section 10.08.00, the proposed amendment establishes several considerations to be examined when evaluating compatibility and adverse impacts of the conditional use request. To address changes and functions of automobile service stations, the proposed language also amends LDC section 1.08.02 Definitions. The existing term "Automobile Service Station" is modified to align with common applications of the use and the term "fuel pump" is introduced because it is included within the proposed provisions in LDC section 5.05.05. REASON: The Board of County Commissioners voted on Tuesday, July 8, 2014 to direct staff to develop and bring forward a LDC amendment pertaining to the regulation of automobile service stations, including gas stations, adjacent to residential property that have more than eight fuel pumps or provide for fueling of more than eight cars at any point in time. At the July 8`h meeting the Board discussed the compatibility of large gas stations located near residential neighborhoods. One of the Board's motions regarding the Item was to "direct staff to expeditiously amend the Land Development Code to ... properly consider ... automobile service stations..." Please see Attachment 1, pages 66 -73 of the Board's meeting minutes and Add On Item l OB, Attachment 2. The proposed amendment is designed to address the intensity, compatibility, and impact of large gas stations near residential property by regulating the location, process, and number of fuel pumps. As relayed in the Executive Summary to the Board on July 8`h, this is relevant because over time the conventional automobile service station has transformed both in intensity and in use. Traditionally, automobile service stations were comprised of a small service department with limited fueling stations, generally providing for four to eight cars to obtain gas at any one time. Today, common applications for service stations consist of a large convenience store and a far greater number of fueling stations. Recent applications for automobile service stations in Collier County have identified approximately 16 — 20 fuel pumps. The impact of this change in intensity and use of the traditional service station can be magnified when located near residential property. n 1 I: \2014 LDC Amendment Cycle 2\Amendments \5.05.05 Automobile Service Stations LDCA for BCC 102814.docx 10/20/2014 8:36:36 AM Packet Page -37- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term Automobile service stations, including gas stations, of all sizes are recognized as having the potential to impact vehicular and pedestrian circulation, truck traffic, noise pollution, and often have intense lighting schemes and extended operating hours. These site characteristics can impact the health, safety, and quality of life of nearby residents and other land uses. For these reasons, many communities require site design standards, such as landscaping, buffering, and architectural standards, to address these effects. LDC section 5.05.05 Automobile Service Stations requires site design standards, but it does not currently address the number of fuel pumps at a site or require additional design standards when a greater number of fuel pumps are proposed. In addition, some communities have adopted additional distance and location standards. For example, Lee County, Florida requires that all gas stations over eight pumps go through a special exemption process, a public process similar to a conditional use, in all zoning districts. St. Augustine, Florida instituted a new standard in early 2014 that limits gas stations to eight fuel pumps on entry corridors to the city to maintain historical development patterns. The Town of Davie, Florida requires that there be a minimum distance of 250 feet between fuel pump islands and/or service station purposes and that churches, playgrounds, playfields, hospitals, elementary and middle schools, and land zoned or designated residential, regardless of the number of fuel pumps. Please see Attachment 3 which contains a list of communities which have established higher standards for large gas stations. Several studies identify the unique nature of gas stations. In 2011, the U.S. Environmental Protection Agency published "School Siting Guidelines" that recommended that schools mitigate, evaluate, and locate new schools 1,000 feet from large gas stations based on air pollution and vapor intrusion into structures, among other potential hazards. Please see Attachment 4, page 59. In 2005, the California Environmental Protection Agency and California Air Resources Board prepared the Air Quality and Land Use Handbook: A Community Health Perspective study that recommended locating "sensitive land uses" 300 feet from a large gas station based on benzene emissions, a well known carcinogen and an air pollutant. Please see Attachment 5, an excerpt from the referenced Land Use Handbook for additional information. The amendment proposes that automobile service stations within 300 feet of residential property and exceeding eight fuel pumps obtain a conditional use. The proposed 300 foot requirement is based on establishing compatibility of the neighboring residential use, studies providing recommendations based on air quality concerns, and similar standards adopted by other jurisdictions. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal and operational impacts to Collier County. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are not anticipated impacts to the GMP. 2 L \2014 LDC Amendment Cycle 2\Amendments \5.05.05 Automobile Service Stations LDCA for BCC 102814.docx 10120/2014 8:36:36 AM Packet Page -38- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term DSAC -LDR SUBCOMMITTEE RECOMMENDATIONS: Subcommittee recommends that the proposal as drafted not be adopted, but that the comments and issues that have been raised are worthy of consideration and if the amendment were to be drafted not to include zoning districts C -4, G5, and Industrial, then the amendment would be more worthy of consideration. Comments and issues raised during subcommittee review: 1. To address site design provisions within LDC section 5.05.05 be included in this amendment cycle, and if not, direct staff to include them in the next amendment cycle, including the following: a. lighting, address lighting comprehensively as it relates to commercial use adjacent to residential b. landscaping c. branding and banding /color schemes for canopies /canopy, d. increase the signage percentage 10% of the size of the canopy fagade e. bathrooms to be located inside the automobile service station building. 2. Recommend that staff work with Sheriff's office to look at CPTED in the LDC. DSAC RECOMMENDATIONS: DSAC reviewed the proposed amendment on Wednesday, October 1St and adopted the DSAC -LDR subcommittee's recommendations. In addition, DSAC identifies the following as the basis for objection. If the proposed amendment is considered for adoption, the following shall be discussed: 1. Concern that property rights will be taken as a conditional use is not by right. 2. Automobile Service Station — issue with definition and that it would apply to non - retail establishments. n 3. Measure the 300 distance from the pump to the face or the edge of the residential building. 4. Evaluate the eight fuel pumps vs. the output of the gas stations. 5. Consider that the fewer fueling positions may result in a greater number of small stations 6. The conditional use process discourages business and can be arbitrary and occasionally capricious. 7. Consider whether the amendment benefits a few to the detriment to the public at large. CCPC RECOMMENDATION: The Planning Commission reviewed the amendment on Thursday, October 16th at an evening hearing. At the meeting, the Planning Commission recommended that the considerations listed for the Conditional Use process include mention of compatibility with residential property. As such, the proposed C.2.b was modified to "Proximity and mitigation of impact to ensure compatibility with residential property." In addition, the Planning Commission requested that l.) Staff verifies the requirements in Lee County for gas stations with more than 8 fuel pumps and 2.) Seek input from members of the public regarding any recent (after 2005) research on the release of benzene while fueling. The Planning Commission voted 6 -0 to approve the amendment. OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, AICP, LDC Manager: 8/26/14, 9/5/14, 9/19/14, 10/1/14, 10/17/14 Amend the LDC as follows: 3 I: \2014 LDC Amendment Cycle 2\Amendments15.05.05 Automobile Service Stations LDCA for BCC 102814.docx 10/20/2014 8:36:36 AM Packet Page -39- 10/28/2014 9.A. Text underlined is new text to be added. T-94 6tFikethFGuqh4s GuFFeRt text to be deleted— Bold text indicates a defined term 1 2 1.08.02 Definitions 3 4 Automobile service station: means any establishment that sells, distributes, or pumps fuels for 5 motor vehicles whether or not such facility provides automotive repair services. See fuel pump 6 definition. 7 8 9 , 10 . 12 Fuel pump means a vehicle fuel dispensing device, other than a portable fuel container or fuel 13 dispensing vehicle, which can be self - service or full - service. A single fuel pump is a fuel pump 14 that can serve only one vehicle at -a -time. Vehicle fuel dispensing devices that can service more 15 than one vehicle at -a -time consist of multiple fuel pumps. The number of pumps is determined 16 by the maximum number of vehicles that can be serviced at the same time. For example, a fuel 17 dispensing device that can fuel two vehicles at once is considered two fuel pumps, and a fuel 18 dispensing device that can fuel three vehicles at once is considered three fuel pumps, and so 19 on. 20 # # # # # # # # # # # # # 21 5.05.05 Automobile Service Stations 22 A. The purpose of this section is to ensure that automobile service stations do not 23 adversely impact adjacent land uses, especially residential land uses. The high levels of 24 traffic, glare, and intensity of use associated with service stations, particularly those 25 open 24 hours, may be incompatible with surrounding uses, especially residential uses. 26 Therefore, in the interest of protecting the health, safety, and general welfare of the 27 public, the following regulations shall apply to the location, layout, drainage, operation, 28 landscaping, parking, and permitted sales and service activities of automobile service 29 stations. 30 31 C. Location and number of fuel pumps. 32 1. Automobile service stations shall be limited to 8 fuel pumps when located 33 within 300 feet of residential property. For the purposes of subsection 5.05.05 C, 34 residential property shall be any lot which is developed or intended for residential 35 use. The measurement shall be the shortest distance between the nearest fuel 36 pump to the residential property. A greater number of fuel pumps may be 37 approved as part of a PUD or conditional use subject to 5.05.05 C.2. Existing 38 fuel pumps as of (effective date) may be modernized, replaced, or relocated on 39 the same premise, but additional fuel pumps shall be subject to 5.05.05 C.2. 40 2. Automobile service station conditional use request. Automobile service 41 stations seeking more than 8 fuel pumps within 300 feet of residential property 42 may be approved through a conditional use request. In addition to the findings 43 established in LDC section 10.08.00, the following shall be considered when 44 evaluating compatibility and adverse impacts of the request. 45 a. Number of fuel pumps. 46 b. Proximity and mitigation of impact to ensure compatibility with residential 47 property. 48 C. Hours of operation. 4 I: \2014 LDC Amendment Cycle 2\Amendments \5.05.05 Automobile Service Stations LDCA for BCC 102814.docx 10/20/2014 8:36:36 AM Packet Page -40- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term d. Architectural design, lighting, landscape buffers, and other site features as described in LDC section 5.05.05 B.2.a.i. e. Location of fuel pumps, parking, loading, and refueling areas. f. Existing buildinas or features, as described in LDC section 5.05.05 B.2.a.i., that are located between residential property and the proposed automobile service station. g. Additional uses and accessory uses of the automobile service station. SD. Building architecture and signage requirements. 1. Building architecture shall meet the requirements of section 5.05.08 2. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window, Wall, and other signs: As allowed in Section 5.06.00 of this Code. b. All canopies may have an illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. C. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. d. Signage is prohibited above gas pumps. DE. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. 1. Right -of -way buffer landscaping: a. Landscaping adjacent to rights -of -way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty -five (25) feet in width. Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted. b. An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be constructed and maintained at a minimum average height of three (3) feet. The berm shall be planted with ground cover (other than grass), shrubs, hedges, trees, and palms. C. The required trees and palms shall be clustered in double rows with a minimum of three (3) trees per cluster. Canopy trees shall be planted a maximum of twenty (20) feet on center within a cluster. The use of palms within the right -of- waybuffer shall be limited to landscaped areas adjacent to vehicular access points. Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at a maximum of eight (8) feet on center, with a minimum of a four (4) foot difference in height between each tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which may be planted one (1) palm per cluster. A maximum distance of twenty -five (25) feet between all types of tree clusters shall be maintained (See Illustration 1 below). d. All of the trees shall be a minimum of fourteen (14) feet in height at the time of installation. Trees shall have a minimum of a three and one -half (3%) inch caliper at twelve (12) inches above the ground and a six (6) foot spread. At installation, shrubs shall be a minimum of ten (10) gallon, five (5) feet in height, with a three (3) foot spread, planted four (4) feet on center. 5 I: \2014 LDC Amendment Cycle 2Wmendments \5.05.05 Automobile Service Stations LDCA for BCC 102814.docx 10/20/2014 8:36:36 AM Packet Page -41- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term 2. Landscaping adjacent to all other property lines: a. Side property boundaries (other than those adjacent to rights -of -way) shall be planted with single row hedges consistent with the minimum requirements of section 4.06.00, Landscaping and Buffering. b. Rear property boundaries (other than those adjacent to road rights -of- way) shall be planted with a single row hedge. The hedge shall be a minimum height of four (4) feet at planting, planted at three (3) feet on center, and shall be maintained at a height of five (5) feet. C. Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. Illustration 1. Auto Service Station R.O.W. Landscape Requirements €F. Automobile service station sites shall be separated from adjacent residentially zoned or residentially developed properties by an architecturally designed 6 foot high masonry wall or fence utilizing materials similar in color, module, and texture to those utilized for the building. Landscaping shall be planted on the residential side of the fence or wall. F- G. Lighting. 1. All lighting facilities shall be directed away from adjoining properties. 2. On -site luminaries shall be of low level, indirect diffuse type, and shall not exceed a height of greater than twenty (20) feet above finished grade. 3. Lighting located underneath a canopy shall be of low level, indirect diffuse type designed to provide light only to the pump island areas located underneath said canopy. 6H. All restrooms shall be located inside or to the side or rear of the building. 91. As required by section 5.03.04, a six (6) foot high enclosed trash area to be integrated with the design of the service station shall be provided. Ii. Storage tanks shall be located below grade. JK. There shall be no outside displays of products, stacking of tires, or other merchandise. KL. No automobile service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street as a school, public playground, child care center, church, hospital, public library, or any institution for dependents or for children, except where such property is in another block. L- M. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one (1) color, consistent with the predominant color of 6 I: \2014 LDC Amendment Cycle 2Wmendments \5.05.05 Automobile Service Stations LDCA for BCC 102814.docx 10/20/2014 8:36:36 AM Packet Page -42- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 MN. NO. 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term the principal structure, if applicable. The color of all structures on -site shall be of soft earth tones or pastels. Each automobile service station shall provide the necessary infrastructure and pre - wiring in order to provide the capabilities for generator service in case of emergencies. In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated: 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not recapping of tires. 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like. 4. Provision of water, antifreeze, flushing of the cooling system, air conditioning recharge, and the like. 5. Providing and repairing fuel pumps and lines. 6. Minor motor adjustments not involving removal of the head or crankcase. 7. Greasing and lubrication. 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but strictly and only as accessory and incidental to the principal business operation. 9. Provision of road maps and other information. 10. No mechanical work shall be allowed outside of the enclosed areas. 11. Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed building. 12. Uses permissible at an automobile service station do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles (except as expressly permitted in subsection 13. below), commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations. An automobile service station is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truck stop. 13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the service station or if the vehicles have been towed by the service station and are being held for servicing, for an insurance company, or for salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six (6) feet high. Said vehicles shall not be stored longer than sixty (60) days. 14. Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an accessory use. This provision does not allow carwashes except in those zoning districts where a carwash is a permitted use, and where such carwashes shall be subject to criteria specified in the zoning district. Exceptions: 1. The site design standards set forth in 5.05.05 B.1. (table) shall not apply to, nor render non - conforming, any existing automobile service station or any automobile service station within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. 2. The site design standards set forth in 5.05.05 F. —M. or any other applicable development standard shall apply to existing automobile service stations 7 1: \2014 LDC Amendment Cycle 2\Amendments \5.05.05 Automobile Service Stations LDCA for BCC 102814.docx 10/2012014 8:36:36 AM Packet Page -43- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term 1 pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable 2 sections of the Land Development Code. 3 (Ord. No. 09 -43, § 3.A; Ord. No. 10 -23, § 3. JJ, Ord. No. 13 -56, § 3.S) 4 # # # # # # # # # # # # 8 I: \2014 LDC Amendment Cycle 2 \Amendments \5.05.05 Automobile Service Stations LDCA for BCC 102814.docx 10/20/2014 8:36:36 AM Packet Page -44- 10/28/2014 9.A. ,10-N Public comments for: LDC amendment 2.03.01B.1.b Estates Dist. — Adding Accessory Use in Est. Dist. & LDC amendment 2.03.01 A., 4.02.07 & 5.04.05 — Raising Hogs w/ 4 -H program Packet Page -45- "D v 77 ID -n W ao m rn Public Comments for Land Development Code Amendments Relating to LDC Sections 2.03.01, 4.02.07, & 5.04.05 Comment Name Affiliation Comments Type and Date 8 -15 -14 Acquard, Karen HOA Golden From: Karen M Acquard Email Gate Estates Sent: Friday, August 15, 2014 1:20 PM To: CilekCaroline Subject: GMP changes meeting 8/14/14 My hand writing is so terrible that I decided this would be best. Re: 4H and Hogs What seems to be most needed is educating participants and staff. Staff seem fixated on the width of the Estates lots instead of the depth. While the width can be as low as 75' or much higher for 5 acre lots the depth is always 660'. This is the number that must be used and considered. That means that there are 1320 feet from street to street and a lot of feet that a pig can be situated away from a dwelling. It is rare for a home to be at the back of a lot, are around 200' feet from the street and that means that a pig sty can be located about 300' from the back of that house and should be at least that far from the house on the other side. This means that on a small 75'X660' lot there is a plethora of space that can be utilized for the pig. 1 do believe that unless the lot is at least 5 acres there should be a limit on the number of pigs not to exceed 2 raised there at any time, no matter how many children belong to the 4H. The other children should have to raise something different. After all 4H members raise cows, chickens and rabbits as well. None of which are as smelly as pigs can be. All permit fees should be waived for the animals raised for 4H. 1 don't believe these children or their leaders need a bunch of fees and regulations making it difficult for their programs to progress and prosper; they ust need common sense leadershi .If you want any clarifications you may reach me 10/8/2014 Page 1 of 11 0 N 00 N O K_ Xle a m 'D 00 m .A V 8 -14 -14 Anonymous Stormwater & irrigation runoff from properties electing to use land available for Public commercial style agricultural production may contribute runoff with nutrients which Meeting may impact local waterways creating a cumulative loading that is undesirable in Comment light of recent regulations related to Numeric Nutrient Criteria. This would not necessarily be viewed as an individual issue but rather a community issue. 8 -14 -14 Anonymous Needs to allow 1 hog per child regardless of property size. Public. Meeting Comment 8 -14 -14 Anonymous Needs to allow 1 hog per child regardless of property size. Public Meeting Comment 8-14-14 Babcock, Dr. & We would like the hog raising to be made available to adults. We don't have children Public Mrs. William & but we would like to raise I pig for sixteen weeks so that we could have the pig Meeting Karen butchered after 16 weeks and put the meat in our freezer. Comment 8 -14 -14 Brown, Charles Needs to allow I hog per child regardless of property size. Public Meeting Comment 8 -14 -14 CUI , Jeff Emerge Drawing: 30' setback RE: 75'x600' lot leaves 15' developable area. Public Design WC Meeting Comment O N O N O Page 2 of 11 10/8/2014 CO v C) 77 rD -D o, 00 8 -14 -14 Cummings, From: Frank Cummings Email Frank & Norma Sent: Thursday, August 14, 2014 7:21 PM To: CilekCaroline Subject: comment on public info meeting Dear Caroline, As a Golden Gate resident i do not have any issues with your proposed amendment that pertains to hogs and agriculture within our community. I do take notice to the availability of water resources in the near future. As well as you know the influx of building east of Interstate 75 is well on its way. These new residences will require an ample supply of water. Oil well drilling in and around our Golden Gate Estates will drain this water supply that we all live on in Golden Gate from our wells. This is my main concern as it should be yours. For if we continue the building in Golden Gate at its present rate we will exhaust our fresh water supply from our aquifers. The 4H is a great organization with our youth looking for our leadership in the future. We must preserve our natural resources for the next generations to come. Please always keep in mind the dangers of oil drilling in the estates. Thank you for your time. 8 -14 -14 Ellis, Kim After careful review of the current LDC, I have surmised that the 4 -H kids can raise Public hogs. There is absolutely no reason for changing the LDC Code. As far as growing Meeting vegetables and fruits and trees: No- Fertilizer in the water table will be no good. Comment 8 -14 -14 Figueroa, Sabas RE: 5.02.03 (H) The interpretation for a "an amount as to be potentially dangerous" Public is very open. It should be a amount that in such case will cause no just harm to the Meeting individual but to the environment (contamination of water & soil) This could be Comment research using existing rules & regulation that address hazardous substances. MORE: RE: Minimum set back from a pig pen (Hogs). It should be added a minimum set back from a potable water source (well). The minimum setback from a well and a septic system is 75 feet. I think this setback also must be applied to a pig pen. The pig pen can be a source of ground water /or runoff contamination that can affect the water quality. 10/8/2014 Page 3 of 11 O N OD N O I. TWI 0. v v v oa m i. 1P 8 -14 -14 Fillmore, Mark Crops: 75 ft lot -only have 15 ft to grow. Suggestion: follow bldg code setback. Email Pesticides- Restrict, no airborne uses. Additional e-mail: Sent: Thursday, August 14, 2014 7:59 PM To: CilekCaroline Cc: BrownAraqueSummer Subject: Proposed change to LDC regarding 4H hog raising permits Thank you for the presentation and supplied information regarding the proposed changes. My only concern is the setback requirement. Mandating a set 30 feet for all lots would exclude owners of Nonconforming lots i.e corner lots. Suggestion:Page 3 Item C:Premises or roofed structure used for the sheltering, feeding, or confinement of such animals shall conform with the setback requirements specified in Collier County Land Development Code (LDC) Estates Zoning District as an Accessory structure. Please double check to make sure that I was looking at the appropriate section of the LDC Accessories Structures section as I am not an attorney and after the 5th line of any contract -legal document my eyes start to lose focus. I just wanted to ensure that no property owners where unintentionally excluded. Here is the relevant passage in the LDC: "Accessory Structures - All accessory structures have same setback as principal structures. Conforming Corner Lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 37.5 feet, so long as no right -of -way or right -of -way easement is included within the front yard. (See Exhibit A, LDC)Nonconforming Corner Lots Nonconforming corner lots of record, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no right -of- way or right -of -way easement is included within the reduced front yard. (See exhibit B, LDC) Nonconforming Through Lots Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case the front yard along the local road portion shall be computed at the rate of 15 percent of depth the of the lot, as measured from the edge right -of- wa . The onconforming through lot utilizing the reduced frontage shall establish 10/8/2014 Page 4 of 11 O N Co N O I Ice I v m v w m in 0 10/8/2014 Page 5 of 11 0 N OD N O lue I the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. yards along the local road shall be developed with structures having an average front yard with variations of not more than six feet; no building thereafter erected shall project beyond the average line so established. Accessory Structures, setbacks and separation - All accessory structures have same setbacks as principal structures - Guest houses, separation from principal structure : 20 feet - Roofed structures for shelter and feeding of horses and livestock, and enclosures for fowl or poultry must be a minimum of thirty (30) feet from any adjacent lot line and a minimum of 100 feet from any residence on an adjacent parcel." 8 -14 -14 Fillmore, Mark Continued from above: Front yards along the local road shall be developed with Email structures having an average front yard with variations of not more than six feet; no building thereafter erected shall project beyond the average line so established. Accessory Structures, setbacks and separation: -All accessory structures have same setbacks as principal structures. - Guest houses, separation from principal structure: 20 feet. - Roofed structures for shelter and feeding of horses and livestock, and enclosures for fowl or poultry must be a minimum of 100 feet from any residence on an adjacent parcel. 8 -14 -14 Fillmore, Mark From: Mark.Fillmor Email _] Sent: Thursday, August 14, 2014 8:41 PM To: carolinecitak @colIiergov.net Cc: BrownAraqueSummer Subject: Proposed changes to LDC to allow limited commercial growing Mrs. Cilak, There are two subjects I would like to comment on setback and pesticides.The setback requirement of 30 feet would be onerous, the lot sizes in the estates run 75, 105 and 180 feet wide and larger. A 75 foot wide lot would only be able to utilize the center 15 feet, a 105 foot lot the center 45 feet. This would essentially eliminate the 75 foot wide lot owners. My lot is 105 feet wide with a fence all the way around that sits 1 foot inside the property line. I currently row grapes, raspberry, 10/8/2014 Page 5 of 11 0 N OD N O lue I v 77 v ao N Page 6 of 11 10/8/2014 O N OD N O IN I blackberry and Kiwi (all are vines) on my fence. With the setback requirement I would not be allowed to sell the fruits. My orange, peach and fig trees are all currently within 15 feet of my property line. Would I be required to chop them down because 1 sell other produce? The mulberry tree sits 20 feet inside of my property will eventually reach/pass over the proper line. Plants /trees are not buildings and should not require the same setback requirements. Imposing a setback would open a Pandora's box of enforcement issues. My primary concern is with pesticide application. Anytime you add money to the equation people will want to maximize their ROI. There should be a restriction on using automated or mass dispersal systems. I can just see someone putting in sprayers and spraying pesticide all around in large quantities or a sprayer on the back of their 4 wheeler that sprays out the sides. I am no expert so you should talk to the experts available to you. I would think that limiting the application of pesticides to handheld dispersion units should be adequate. I currently have Okra, Watermelon, Tomato, Green beans, Bell pepper, Zucchini, Butternut squash and Canelope growing. To be honest I am attempting to grow Grapes, Raspberry, Blackberry and Kiwi on my fence but the dog keeps peeing on them and they die. 8 -14 -14 Lee, Timothy Ag Growing Crop -No way, you are ruining my neighborhood -you won't enforce the Public rules. No, you won't enforce the rules. Meeting Comment 8 -14 -14 Powell, Ron 100 Feet is not far enough for pigs to be near a residence! They should be at least Public 200 feet. Meeting Comment Page 6 of 11 10/8/2014 O N OD N O IN I CU 77 rD rt -v v as N 8 -14 -14 Porter, Tim I am in favor of all the plans presented tonight. I think they are both excellent steps Public to be taken. Local, green & children are the perfect investment in the future. Meeting Comment 8 -14 -14 Rankin, Doug There is no problem with the proposed changes, it is unfortunate that we have Public become so regulated that this common sense has to be done. Meeting Comment 8 -14 -14 Stevens, Paul Hogs should be allowed to be raised by anyone for 6 months and 1 day. Crops Public should be allowed to be raised off site use as proposed. Meeting Comment 8 -14 -14 Stevens, Mrs. Hogs should be allowed to be raised by anyone for 6 months and 1 day. Crops Public Paul should be allowed to be raised off site use as proposed. Meeting Comment 9 -17 -14 Kim Ellis Realtor -John From: Kim Ellis Email R Wood Sent: Wednesday, September 17, 2014 7:38 PM To: CilekCaroline Properties Subject: No to HOGS I think if there's one thing ALL people are passionate about is their own children. I understand how every parent wants their child to have every opportunity to do many different things. There is allowance in the current land use code now for 4hers to raise hogs. I don't see how changing the amendment to make the process easier will positively impact our neighborhood. Actually, I see the opposite. Taking control away from the county and allowing them to govern themselves is not a good idea. Allowing more hogs than are currently allowed is talking a step back. Once the hogs "leave" we will still have a stinky mess. 10/8/2014 Page 7 of 11 O N OD N O IM A v C) ni 00 m w 10/8/2014 Page 8 of 11 O N 00 N O 119 Please excuse succinct responses and the occasional grammatical error as this email is being sent from my Whone Kim Ellis, REALTOR Broker /Associate ABR, e -PRO, GRI 9-17-14 Tabatha Butcher There are children in 4 -11 that are not of market age to sell hogs after the fair is Public complete. These children bring these animals home after the fair. Has there been any Meeting discussion to allow these children to bring the hogs home while they are trying to Comnient sell them? I think the proposed amendments would be a great change 10/8/2014 Page 8 of 11 O N 00 N O 119 n r� oa in Comment Type and Date Name Affiliation Comments Attachment 8 -20 -14 Jeremy Environmental Policy From Jeremy Frantz Comment Attachment 1 Etnail Frantz Specialist Sent: Wednesday, August 20, 2014 1:06 p.m. Conservancy of To: CilekCaroline Southwest Florida Subject: Questions on LDC Amendment 2.03.01 Agricultural Districts I've attached my comments and questions included regarding the proposed amendment to section 2.03.01. Generally, I think we would be supportive of an attempt to encourage local sustainable food sources, but I have some questions about the implementation and enforcement. As I've done before, I attached comments directly to the PDF. If you have time to talk about these questions I will be in the office for most of the rest of the day today and then out for about a week. Additional comments see attachment: 10/8/2014 Page 9 of 11 O N OD N O 101 PC Public Comment - Jeremy Frantz, Conservancy of Southwe 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division Staff DEPARTMENT: Planning and Zoning AMENDMENT CYCLE: 2014 LDC Amendment Cycle 2 LDC SECTION(S): 2.03.01 Agricultural Districts CHANGE: Currently, the LDC allows for the raising of field crops for the consumption of persons residing on the premises in the Estates zoning district as-an accessory use. The proposed amendment seeks to amend the Estates zoning district accessory use section to allow for the residents to grow fruits, vegetables and nursery plants for both personal consumption and off -site retail sale, such as at farmer's markets, pursuant to LDC section 5.02.00 Home Occupations. The LDC states that the purpose and intent of the Estates District (E) is to provide land for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to the existing language regarding the raising of crops, agricultural accessory uses in the Estates district include: • Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. • Keeping of horses and livestock (except hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. o On lots /parcels of 1.25 acres and greater section 5.04.05 D.I. provides for the issuance of a 16 -week temporary use permit to keep a maximum of 2 hogs while engaged in a bona fide 4 -H youth development program. 10 Excavation and related processing and production subject to the following criteria: • These activities are incidental to the permitted uses on site • The total amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in section 10.08.00. 1 I: \2014 LDC Amendment Cycle 2\Amendments \2.03.016.1.b Estates Dist. Adding commercial accessory use 081414- PIM.docx 8/14/2014 10:27:15 AM Packet Page -55- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term n Several communities in Florida have zoning districts that allow for residential and agricultural uses. In Hardee County, there is a Farm Residential zoning district. The minimum lot size is 1 acre and allows for citrus grove /orchard, forestry, truck farming/ row cropping, sod farm, tree farm/plant nursery (wholesale /retail), and ranching/ pasturing. The primary purpose of this zoning district is to provide areas in Hardee County for very low density residential development in combination with limited agricultural, public and community services, infra - structure, and recreation and open space land uses. In accordance with the Hardee County Comprehensive Plan, residential development may be single- family attached or detached dwellings, and farm worker housing development at a permitted density of not more than one dwelling unit per gross acre. This district also allow for produce sales. Excess produce and -other products agricultural in nature and harvested from orchards, vineyards, nurseries, ornamental horticultural areas, groves, noncommercial greenhouses, etc. as well as excess, produce, etc. harvested from any commercial farm, may be sold on the premises to the general public by means of a roadside stand or similar structure. All setbacks must be a minimum of 50 feet from the front property line. Other setbacks will be observed as is required for an accessory structure. In Palm Beach County there is an Agricultural Residential zoning district. According to the purpose and intent of the Agricultural Residential district, the district is intended to protect and enhance the rural lifestyle and the quality of life of the residents in areas designated rural residential, to protect watersheds and water supplies, wilderness and scenic areas, conservation and wildlife areas, and to permit a variety of uses that require non -urban locations but do not operate to the detriment of adjoining land devoted to rural and residential purposes. Bona fide agricultural uses, community gardens, and agricultural storage are permitted in this zoning district. A special permit is required to operate aproduce stand. This amendment replaces the term "field crops" with "fruits and vegetables" in order to better describe the type of plants that can be grown in Southwest Florida. Further, during the development process of the amendment a Collier County Commissioner suggested adding the tenn "nursery plants." The term "nursery plants" is intended to include food plants, ornamental trees, shrubs, flowers, etc. The proposed amendment to allow for commercial activity in the Estates district is subject to a Home Occupational license. LDC section 5.02.00 — Home Occupations provides the following standards: 5.02.01 Applicability Home occupations shall be allowed in any zoning district which permits residential dwellings as a permitted use. 5.02.02 Allowable Home Occupation Uses There shall be no retail sale of materials, goods, or products from the premises. 2 I: \2014 LDC Amendment Cycle 2\Amendments\2.03.01 B.1.b Estates Dist. Adding commercial accessory use 081414- PIM.docx 8/14/2014 10:27:15 AM Packet Page -56- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on -site or off -site advertising signs. C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated there from who are not residing at the subject address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on -site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. G. The on -site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on -site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. I. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. The proposed use supports and advances sustainability measures in several ways. First, it supports the continuation of at home sustainable;, practices, such as growing food for persons residing on site. It also supports the "Buy Fresh, Buy Local" practices and opens up opportunities for small business and home occupations. For the commercial agricultural accessory use, several dimensional criteria are proposed to address compatibility with the residential use in the Estates zoning district. This includes 1) establishing that farm operations shall not occupy more than 50 percent of the lot and 2) that farm operations shall be 30 feet from any property line. In addition, the existing LDC section for clearing vegetation in the Estates district has been included. The proposed standards are designed to address increases in vegetation clearing, fertilizer and pesticide use, and compatibility within the zoning district. In the future, commercial farm operations which seek an Agricultural Classification from the Collier County Tax Appraiser may qualify for the Right to Farm Act as established by the Florida Statutes. REASON: The proposed amendment follows the Board's direction to allow for expanded agricultural uses in the Estates zoning district and to allow for sale of local produce at farmer's markets. 3 I: \2014 LDC Amendment Cycle 2\Amendments \2.03.01B.1.b Estates Dist. Adding commercial accessory use 081414- PIM.docx 8/14/2014 10:27:15 AM Packet Page -57- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: TBD RELATED CODES OR REGULATIONS: TBD GROWTH MANAGEMENT PLAN IMPACT: TBD OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, LDC Coordinator July 29, 2014, Revised August 13, 2014. Amend the LDC as follows: 2.03.01 Agricultural Districts. B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the, Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E)• a. Permitted uses. 1. Single- family dwelling. 2. Family care facilities, subject to section 5.05.04 3. ` Essential services, as set forth in section 2.01.03 4. Schools, public, including "Educational plants." b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2 Fruits vegetables and nursery plants grown for both personal consumption and off -site retail sale such as farmer's markets. Commercial farm operations shall be subiect to LDC section 5 02 00 Home Occupations as amended, and the following standards: i Commercial farm operations shall not occupy more than 50 percent of the lot. ii. Commercial farm operations shall be located a minimum of 30 feet from any lot line. iii. Vegetation removal for commercial farm operations shall be subiect to LDC section 3.05.05 F, as amended. 3. Keeping .of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a 4 I: \2014 LDC Amendment Cycle 2\Amendments\2.03.01 B.1.b Estates Dist. Adding commercial accessory use 081414- PIM.docx 8/14/2014 10:27:15 AM Packet Page -58- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term 39 minimum of 30 feet from any lot line, and a minimum of 100 feet 40 from any residence on an adjacent parcel of land. 41 4. Keeping of horses and livestock (except for hogs), not to exceed 42 two such animals for each acre, and with no open feedlots. Any 43 roofed structure for the shelter and feeding of such animals shall 44 be a minimum of 30 feet from any lot line and a minimum of 100 45 feet from any residence on an adjacent parcel of land. 46 i. On lots /parcels of 1.25 acres and greater, section 5.04.05 47 D.1. provides for the issuance of a 16 -week temporary use 48 permit (TUP) to keep a maximum of 2 hogs while engaged 49 in a bona fide 4 -H youth development program. 50 5. One guesthouse, subject to section 5.03.03 51 6. Recreational facilities that serve as an integral part of a residential 52 development and have been designated, reviewed and approved 53 on a site development plan'or preliminary subdivision plat for 54 that development. Recreational facilities may include but are not 55 limited to golf course, clubhouse, community center building and 56 tennis facilities, parks, playgrounds and playfields. 57 7. Excavation and related processing and production subject to the 58 following criteria: 59 i. These activities are incidental to the permitted used onsite. 60 ii. The amount of excavated material to be removed from the 61 site cannot exceed 4,000 cubic yards total. Amounts in 62 excess of 4,000 cubic yards shall require conditional use 63 approval for earth mining, pursuant to the procedures and 64 conditions set forth in section '10.08.00 65 C. Conditional uses. For Estates zoning within the Golden Gate Estates 66 subdivision, the Golden Gate Area Master Plan in the GMP restricts the 67 location of conditional uses. The following uses are permissible as 68 conditional uses in the estates district (E), subject to the standards and 69 procedures established in section 10.08.00 70 1. Churches. ` 71 2. Social and fraternal organizations. 72 3. Child care centers and adult day care centers. 73 4. Schools, private. 74 5. Group care facilities (category 1); care units, subject to the 75 provisions of subsection 2.03.01 B.3.f; nursing homes; assisted 76 living facilities pursuant to § 400.402 F.S. and ch. 58A -5 F.A.C.; 77 and continuing care retirement communities pursuant to § 651 78 F.S. and ch. 4 -193 F.A.C.; all subject to section 5.05.04. 79 6. Group care facilities (category II) care units subject to section 80 5.05.04 only when tenancy of the person or persons under care 81 would not: 82 i. Constitute a direct threat to the health or safety of other 83 individuals; 84 ii. Result in substantial physical damage to the property of 85 others; or 86 iii. Result in the housing of individuals who are engaged in the 87 current, illegal use of or addiction to a controlled 88 substance, as defined in section 802 of title 21, U.S. Code. 5 1:`,2014 LDC Amendment Cycle 2\Amendments12.03.01 B.1.b Estates Dist. Adding commercial accessory use 081414- PIM.docx 8/1412014 10:27:15 AM Packet Page -59- 89 n 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term 7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion and subsection 4.02.02 C. i. The site area shall not exceed 20 acres 8. Essential services, as set forth in subsection 2.01.03 G. 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 10. Ancillary plants. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: i. Fighting or baiting any animal by the owner of such facility or any other person or, entity. ii. Raising any animal or animals intended to be ultimately used or used for fighting orbaiting purposes. iii. For purposes of this subsection,: the term baiting is defined as set forth in F.S. § 828.122(2)(a), as it may be amended from time to time. 6 I: \2014 LDC Amendment Cycle 2\Amendments\2.03.01 B.1.b Estates Dist. Adding commercial accessory use 081414- PIM.docx 8114/2014 10:27:15 AM Packet Page -60- v v r) m Oro m m 9 -8 -14 Jennifer D. Land Use Planning From: Jennifer Goff Comment Attachment 2 Email Goff Program Administrator To:Caroline Cilek Florida Fish and September 8, 2014 Wildlife Conservation Commission In order to protect small livestock from being taken by panthers or other predators, FWC staff recommends keeping livestock in a secure, fenced enclosure with a roof, especially at night. While the proposed amendment language above indicated that the livestock areas shall be fenced and may include a roofed structure, FWC staff would like to suggest additional language be added to the amendment including; "where practical, place chickens, goats, hogs, or other livestock in enclosed structures at night. Additional comments see attachment. 10/8/2014 Page 10 of 11 0 N O N O 1\ `` Florida Fish and Wildlife Conservation Commission Commissioners Richard A. Corbett Chairman Tampa Brian Yablonski Vice Chairman Tallahassee Ronald M. Bergeron Fort Lauderdale Richard Hanas Oviedo Aliese P. "Llesa" Priddy Immokalee Bo Rivard Panama City Charles W. Roberts III Tallahassee xecutive Staff .dick Wiley Executive Director Eric Sutton Assistant Executive Director Jennifer Fitzwater Chief of Staff Office of the Executive Director Nick Wiley Executive Director (850) 487 -3796 (850) 921 -5786 FAX Managing fish and wildlife resources for their long -term well -being and the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399 -1600 Voice: (850) 488 -4676 Hearing/speech- impaired: (800) 955 -8771 (T) (800) 955 -8770 (V) /—N, yFWC.com 10/28/2014 9.A. September 8, 2014 Caroline Cilek Senior Planner Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 carolineci'lekgeollier og, v.net Re: Land Development Code Amendment to the Estates and Agricultural Districts Regarding Raising Hogs /4 -H Youth Program, Collier County Dear Ms. Cilek: The Collier County Growth Management Division held a public meeting on August 14, 2014, for two proposed Land Development Code Amendments to the Estates and Agricultural Districts within Collier County. Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed the above - referenced proposed amendment and provides this letter as technical assistance to assist in developing the amendment language. The proposed amendment streamlines the process for raising hogs in conjunction with Collier County's 4 -H Animal Husbandry Program. The proposed provisions include allowing the raising of hogs through the 4 -H program in the "accessory uses" section of the Estates and Agricultural (20 acres or less) zoning districts. The existing standards for the "accessory use," such as number of acres required, setbacks, and distance from residential structures are provided within the respective "accessory use" sections within the Land Development Code. Additionally, participants through the 4 -H program would register with the University of Florida/Institute of Food and Agricultural Services (UF /IFAS) Youth Development Program and take training classes. The restrictions include one hog per child enrolled in the 4 -H program on lots 1.25 acres (or greater) and no more than two hogs per acre. The draft proposed amendment states that livestock "premises shall be fenced and maintained in a clean, healthful, and sanitary condition" and "premises or roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any dwelling unit on an adjacent parcel of land." Golden Gate Estates still retains quality wildlife habitat, including habitat for native predators; therefore, the FWC recommends Collier County residents take the necessary precautions to properly shelter animals such as goats, sheep, calves, miniature horses, pigs, donkeys, hogs, and chickens. Florida panther, bear, bobcat and coyote depredations have occurred in the Estates. In order to protect small livestock from being taken by panthers or other predators, FWC staff recommends keeping livestock in a secure, fenced enclosure with a roof, especially at night. While the proposed amendment language above indicates that the livestock areas shall be fenced and may include a roofed structure, FWC staff would like to suggest additional language be added to this amendment including: "where practical, place chickens, goats, hogs or other livestock in enclosed structures at night." Please note that fencing alone will not stop panthers or other predators from taking livestock. Collier County residents can learn more about Packet Page -62- Caroline Cilek 10/28/2014 9.A. Page 2 September 8, 2014 living in panther country from "A guide to living with Florida Panthers" (accessible at the webpage: http:// w «,�v.floridapantlieniet.org/images/ upload .s /LivingWithEi! thers.pdf). Attached, please find a copy of a brochure entitled "Protecting Your Property From Wildlife Damage" that provides additional information on how to construct livestock enclosures. We encourage Collier County staff to contact FWC staff for panther or other wildlife- related questions. For panther specific questions, please contact Darrell Land either by email at Darrell.Land(7MyFWC.com or by phone at (239) 417 -6352. FWC staff is available to assist with planning for the above recommendations and we look forward to working with the County. If you need any further assistance, please do not hesitate to contact Jane Chabre either by phone at (850) 410 -5367 or by email at FWCConservationPlanningSeivicesna MyFWC.com. If you have specific technical questions regarding the content of this letter, please contact Marissa Krueger by phone at (561) 882 -5711 or by email at Marissa.Krue era MyFWC.com. Sincerely, 1 *4 1 �M_10 I Jennifer D. Goff Land Use Planning Program Administrator Office of Conservation Planning Services jdg/mk ENV 1 Golden Gate Estates Collier County Land Development Code_19665_090814 Enclosure cc: Darrell Land, FWC Packet Page -63- National Park Service U. S. Fish and Wildlife Service �. Florida Fish and Wildlife Conservation Commission 10/28/2014 9.A. Protecting Your Property From Wildlife Damage The beauty of Florida draws many to live within the heart, or along the edge of natural areas. Many have seasonal camps or year -round residences in or near these rural sites. Those that live in these areas know that the possibility of attracting the "wild" onto their personal property does not only mean the bird at the bird feeder, but it may also include skunks, raccoons, opossum, bobcat, bear and even Florida panthers. These animals have the ability to damage property, and may even injure or kill domesticated animals such as pets and livestock. Unlike wild animals, most domesticated animals do not have the skills to protect themselves. Thousands of years of breeding have made domestic animals dependent on people for protection. There are simple and cost effective ways to avoid the loss of pets and livestock to natural predators. These methods will also keep your family and neighbors safe. Keep Your Pets Safe Cats and dogs are easy prey for larger predators. Keep your pets indoors or secure them in a covered run. If you allow your pets to roam on your property, keep in mind that you are risking their lives -just as city dwellers take a risk in letting their pets roam near a busy street. It is illegal to allow your pet to run, unattended and off leash within Collier County and on Big Cypress National Preserve lands. Do Not Feed Wildlife Feeding wildlife such as deer, opossums, or raccoons only attracts predators to your home and creates a safety risk. Make sure that food set out for pets, livestock, or birds is accessible only to the animals that you are trying to feed. Fence in vegetable and fruit gardens that might attract wildlife. Landscape your yard with plants that deer do not like to eat. Secure livestock and pets in night time enclosures. Packet Page -64- Build Livestock Enclosures The best protection measure is to secure livestock in fully enclosed barns, pens and sheds from dusk to dawn, the typical time when predators are seeking prey. Openings, such as windows, doors, or large gaps, are attractants and might provide access for highly curious animals. Be sure to place all livestock enclosures away from any trees or brush that predators might climb or hide within. Protect Vulnerable Animals Many wild animals are attracted to the smell of blood. Keep injured animals, or livestock nearing and following birth, in fully enclosed structures. Immediately remove and destroy afterbirth, carcasses, and other animal by- products from areas near livestock enclosures or homes. Install Frightening Devices Many predators depend on surprise to capture prey. Installing either motion or timer - activated outdoor lighting around your home and animal enclosures may keep predators away. You might also try loud noises, sprinklers, or other frightening devices, such as those used to keep birds out of agricultural fields. Small Load Livestock Enclosure Assembly Smaller night time enclosure for stock such a8 chickens, gnats or sheen Houses fewer animals. Tools List 1. Bolt Cutters 2. Sledge Hammer 3. Pliers 4. Wire Cutters 5. Drill with 1/4" bit Materials List 1) One 10' x 20' Moto -Shade TM Multi - Purpose Canopy kit or equivalent 2) One 6' by 10' prefabricated chain link panel with a door. Be sure there is a heavy latch 3) Three rolls of 50'x 6' 11 1/2 gauge chain link fencing 4) One 100' roll of 9 gauge galvanized tension wire 5) Six 4' t -posts 6) Twelve 2 1/2" hose clamps 7) One 5 lbs. spool of rebar wire 8) Six 1 3/8" x 1 3/8" panel clamps 9) Ten eyebolt /turnbuckle units, each unit consisting of: one 1/4" x 4" eyebolt; one 114" turnbuckle; two 114" nuts; two 1/4" washers; one 1/8" u -clamp 2) Assemble the roof frame of the multi - purpose canopy kit according to the manufacturer's irer's inctn irtinnc, 3) Measure half of the length of the gable ends of the roof frame and drill 1/4" holes for the eyebolts. 4) Insert eyebolts, with a washer on each side of the pole, making sure the "eye" of the eyebolt is on the inside of the frame, and secure it with a bolt. 5) Attach the turnbuckle to the eyebolt by twisting the eye open with a pliers, slipping the turnbuckle on, and twisting the eye closed. 6) Attached the tension wire to the turnbuckle using the u- clamp. 7) Once the eyebolt/turnbuckle is in place at each end and connected to the tension wire tighten the turnbuckles until the wire is taut. 8) Lay the chain link across the length of the roof on each side and attach it to the frame and tension wires with the rebar tie wire. 9) Loosely attach a 10' length of chain link across the front and rear gable ends and use the bolt cutters to cut it to size, leaving enough wire to bend down and close any open links. Remove the excess. 10) Attach the plastic sun -shade or tarp, Instructions 1) Select a level area 10 feet by 20 11) Lift the roof and insert the legs. feet for assembly and placement of This works best with six people, one at enclosure. each leg. Packet Page -6S- 10/28/2014 9.A. 12) Using the sledgehammer, pound the six 4 -foot t -posts into the ground right next to the frame leas and use the hose clamps to strap them tightly together. 13) Drill 1/4" holes at the bottom of each leg and install the eyebolt/ turnbuckle units and tension wire. On the two rear -most legs you will have to drill two holes and install two eyebolt/ turnbuckle units, one connected to the side tension wire, another for the rear tension wire about an inch above the first. 14) Make sure the eyebolt/turnbuckle units and tension wires are attached and tightened at the bottom of both sides and at the top and bottom of the rear. 15) Begin attaching the chain link to the multi - purpose canopy kit frame, keeping the top of the chain link even with the roof frame. Start at the front corner and work toward the back, then around the back and toward the front again. Use the bolt cutters to trim the bottom of the chain link to fit the terrain and bend around the corners. Note that each roll end with an "open" link. This can be removed by twisting it and pulling it out the top, then place the beginning of the new roll so it overlaps the end of the old roll and reinsert the "open" link to splice the two rolls together. 16) Finally attach the 10' by 6' prefabricated chain link panel and gate to the front using the panel clamps. Look over the entire structure and make sure the chain link is securely attached in all places and use more rebar tie wire where necessary. 17) If the ground is not level where you have placed the enclosure, or if you intend to move it frequently, you may secure the chain link across the floor of the enclosure. Attach it to the sides of the enclosure to prevent domestic animals from escaping and to prevent digging animals from entering. Small Load Livestock Enclosure Check with county permitting offices for permit requirements 239 -403 -2400 m J E E J m � 0 m E o � m v � w 5 U m E 'o m E i m m � g � U N J J N U 0 0 W_ 0: W m W E 5 � w 0 N o m w fp 10/28/2014 9.A. Special thanks to the Mountain Lion Foundation for permission to include their plans and design of W livestock enclosures in this publication, and for text > on how to 'Wildlife proof" your property. � Mountain Lion Foundation P. O. Box 1896 Sacramento, CA 95812 Packet Page -66- 916- 442 -2666 r �w �L, .rx ✓i.3.�''�',rc. m E 'o m E i m m � g � U N J J N U 0 0 W_ 0: W m W E 5 � w 0 N o m w fp 10/28/2014 9.A. Special thanks to the Mountain Lion Foundation for permission to include their plans and design of W livestock enclosures in this publication, and for text > on how to 'Wildlife proof" your property. � Mountain Lion Foundation P. O. Box 1896 Sacramento, CA 95812 Packet Page -66- 916- 442 -2666 Large Load Livestock Enclosure Assembly A night enclosure for stock such as goats, sheep, etc. Larger capacity lur more animal. Estimated cost of materials is approximately $1000.00. Materials List 5- 4 x 4 x 8 Pressure Treated (PT) 4- 4x4x12PT 37 -2x4x8 PT 12 -2x6x 10 PT 16- 5 /4x3x8PT 1- 2x6x16PT 3 - 4 x 8 sheet of T 1 -11 Panel 6 - 1 x 4 resawn trim 12 - Piers 12 - Bags of 90 lbs. premix concrete Wramed in metal I o-er eat iwi-apped in metal 10/28/2014 9.A. 8 - 26" x 10' Galvanized. Roofing Staples Panels Gate hinges 6 - 6' PT closure straps Gate latch 1 - 62" x 50'11.5 gauge chain link fence Typical Notes 1) Lower 6' portion of enclosure 1 - 36" x 72" prefab walkin gate wrapped in 11.5 gauge chain link 2 - 5 lbs. box of 16 d galvanized nails 2) Upper portion wrapped in T 1 -11 siding 6 - 1 lbs special roofing nails 3) All wood pressure treated 12 - Simpson post base 4) All wood below 4' wrapped in metal, 12 - Simpson post cap unless chain link installed inside, to prevent domestic animals from 4 - 36" Simpson Straps chewing on wood. 2 - 8' drip cap $2.00 5) All 4 x 4s to have Simpson SP2 and SP5 stud plate ties. 3 - 2" x 25' alum. roll Large Load Livestock Enclosure Check with county permitting offices for permit requirements 239 -403 -2400 recasr cone iers typ Front 120 Square Foot Secure Goat Enclomm Packet Page -67- r M w \ /—*N v v W aq (D 6) 90 9 -17 -14 Duke From: Duke Vasey Please request attachment from Email Vasey To: Caroline Cilek staff. Date: 9-17-14 Time: 11:06 pm Ms. Cilek, Thanks for presenting at the Golden Gate Estates Area Civic Association. Attached is the 4H project. It has answers to all of the questions raised this evening. Using the word "Hog" isn't exactly correct. Rather than amend the LDC why isn't the county doing this as an Inter -local Agreement with IFAS? Duke 10/8/2014 Page 11 of 11 O N 00 N O !a 10/28/2014 9.A. Public comments for: LDC amendment 5.05.05 Automobile Service Stations Packet Page -69- Public Comments For LDC Section 5.05.05- Automobile Service Station Amendment Date /Mtg. Name Affiliation Comments DSAC- George Fogg Landscape Architect Summary of Mr.Foggs comments. Please see attached sheet Public Comment LDR Attachment 1 for his notes. 8/27/14 • Shortest airline distance be clarified or an alternate term be used. • Section 5.05.05.E.1.b - berm ground cover should cite "turf' is prohibited as other "grasses" should be acceptable. • Density of trees, should be examined — i.e. 10 feet on center is too close together as trees mature. • Section 5.05.05.E. Ld - add wording "or closer" at end of sentence. • Section 5.05.05.E 2.b - height of planting maintained to 5 feet is unpractical - redefine language and cite a range parameter for removal and replanting if it exceeds the parameter (i.e. 5 — 8 feet in height). v ;AC- Tom Hardy RacTrac Under Definitions of 1.08.02 o>R Fuel Pump - -- Instead of trying to define "pump ", try stating "fueling position" and that T14 establishes each position as a single opportunity to service one vehicle at a time v fD Section 5.05.05 oUnder part B below Table 1, staffs discretion to further define the separation as an airline measurement between property lines is above and beyond the direction of the BOC's instructions from 7/8/14. Suggestion for the intent or separation of uses and avoid disputes of definition of property lines and boundaries. It is suggested to measure that distance from fuel canopy to fuel canopy at the closest straight line distance between the two structures. 5.05.05a (ii) What is the definition of daytime hours? Page 1 of 6 O N O N O E, i i v o, n m v v v4 Tom Hardy Continued RacTrac Continued from above: 5.05.05a (iv) What defines whether or not the waiver request will have an adverse impact on adjacent land uses? Very subjective. If the application can prove that the development EXCEEDS all design criteria (i.e. setbacks, buffer types and widths, design elements, etc.) would not that by definition provide no adverse affect on the adjacent land use? Would that go above and beyond the already permitted use of the property? 5.05.05a (c) To insure compatibility is subjective. If the application can prove that the development EXCEEDS all design criteria (i.e. setbacks, buffer types and widths, design elements, etc.) would not that by definition provide no adverse affect on the adjacent land use? Would that go above and beyond the already permitted use of the property? 5.05.05 C.1. Suggest revising to read "Fuel pump" If benzene and possible pollutants are the concern, then the distance should not be governed by governmental or land use boundaries. It should simply be defined as the separation between the nearest fueling position and the nearest residential dwelling establishment. (Pump to home) Page 2 of 6 O N OD N O loq TV M 0Z Tom Hardy Continued v o, n (D r+ v v 04 m v N RacTrac C Continued from above: 5.05.05 C.2. The use of "when evaluating compatibility" is subjective and does not establish clear criteria for development. All items (a. -g.) already have established guidelines in 5.0.5.05. 5.05.05 D.2.b. Consider establishing the sign requirement based on a % of the total facade area of the canopy. Such as 10 -15% coverage. This calculation shall be allowed above and beyond the rest of allowable signage for the property and store. 5.05.05 D.2.b. Consider revising the second sentence to read:" Otherwise, accent lighting, back lighting, and accent striping that is consistent with corporate branding is prohibited on canopy structures. Page 3 of 6 O N OD N O IM o, rn v v oa rn w Tom Hardy Continued RacTrac Continued from above: 5.05.05 E.1.a -c. Consider lifting Automobile specific landscaping requirements all together. If efforts are made to allow for more architectural freedom of design, then the overall zoning and landscaping standards should be applicable. Why should a fuel station have any above and beyond code standards than fast food establishments, drug stores, and retail stores? The intent of this original code was to shield service bays and work areas. There are previous stated efforts to establish the definition or difference between retail fuel sales as separate from private or more industrial possibilities. With this clarification, then retail fuel stations could fall under standard retail landscaping and buffer standards. 1. Reasons to specifically to eliminate the berm requirement a. It is not being enforcement at the majority of exisiting stations in the county b. Separately stated concerns about line of sight for safety reasons c. Law Enforcement concerns d. No longer meeting original intent of shielding automotive service bays 5.05.05 L. Consider revising section to read: "Color accent banding_ consistent with corporate identification /signage on gasoline canopy structures and all other structures is prohibited. Canopies shall be eF (1) eelew-, consistent with the predominant color1s of the principal structure, if applicable. The colorf�of all structures on -site shall shall meet all Collier County LDC architectural requirements. Canopies shall implement similar architectural accents and embellishments as the principle structure Page 4 of 6 O N O N O I. 1► Page 5 of 6 O N OD N O IM O Tom Hardy Continued RacTrac Continued from above: 5.05.05 N.B. Consider eliminating part 8. Redundant and allowed in the convenient stores. 5.05.05 N.12. Consider defining /clarifying the definition of the phrase "truck stop" at the end of the last sentence. Suggestions could be that no on -site shower facilities shall be permitted. Public Dan O'Berski Summary of Mr. O'Berski's comments. Please see attached sheet Public Comment attachment Feting 2 for his notes. (D .9 -14 '� • Perpetuation of small and frequent new gas station sites. v The code requirements are substantially more intensive on large stations and allowing fD for greater d -cell lanes, more substantial turning radius and overall a safer experience for all using the facility and those working or traveling near the facility. Small stations require little to no substantial improvements and can be extremely dangerous with regard to vehicular circulation. • Eight pumps is very restrictive. • The more stations you have the more truck traffic, noise and light pollution you have. • Property looses property taxes and a possible use impacting competition and reducing demand. Basic economics states lower demand with same supply drops value Page 5 of 6 O N OD N O IM O 10 -14 -14 Ron Mosher Collier County Summary of Mr. Mosher's Comments. Please see Public Comment Attachment 3 for his notes. Email Sheriff's Office- Crime Landscaping: Prevention Landscaping does improve the location but if not done properly can hinder and possibly reduce public safety and security at these locations. • The landscaping on the property should not hinder sightlines and visibility ( "Natural Surveillance ") of the gas station by passing motorists, nor from the persons in the gas station looking out to the surrounding area, sidewalks etc. • Trees and shrubs should not be allowed to obstruct natural line of sight of drivers passing by the location, trying to enter or exit the location or pedestrians walking on the sidewalks. There should be provisions that check to make sure that regular maintenance is conducted on the landscaping to insure that it is not being allowed to become too high or overgrown that it obstructs natural lines of sight and visibility ( "Natural Surveillance. ") v • Trees and shrubs should not interfere with the distribution of lighting '+ -v Trash Enclosures: D, M fD The enclosed trash area should have about 12 inch gap from the ground to provide the ability cn to see if anyone is in the enclosed trash area. This provides some safety to the person entering the area. Page 6 of 6 O IV O N O I_ A ta Public Comment- 1 10/28/2014 9.A. CO fnryt& 'FQ Text underlined is new text to be added. Iff Bold text indicates a defined term �5 C9 LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 2 — Out of Cycle LDC SECTION(S): 1.08.02 Definitions 5.05.05 Automobile Service Stations CHANGE: The Board of County Commissioners votedron Tuesday, July 8, 2014 to direct staff to develop and bring forward a LDC amendment!*:. pertaining to Ahe regulation of automobile service stations, including gas stations, adjacent to'residential. property that have more than eight fuel pumps or provide for fueling of more than eight cars at any point in time. The proposed language also includes several changes: and additions to LDC section 1.08.02 to address changes in the function of automobile service stations. Several of the new definitions are intended to bring clarity to the term "fuel pump" which is a term introduced by the new provisions in LDC section 5.05.05. The proposed language establishes that automobile service stations;shall be limited to eight fuel pumps when located within 300 feet of residential property. A:.greater number of fuel pumps may be sought through the conditional use process ar; as pars of a Planned Unit Development. In addition to the Findings, established in LDC .section 10.08.00, the proposed amendment establishes several criteria that are to when evaluating compatibility and adverse impacts of the request In addition, staff proposes to. amend the Automobile Service Station Waiver section. This section requires automobile service stations obtain a waiver through a public hearing process when they are located less- 500 feetl from one another. However, the text that guides how to measure between two service stations is poorly worded and has created confusion for the public and staff. It is proposed that language is codified that would clarify the intent and application of this requirement. REASON: This proposed amendment addresses the intensity, compatibility, and impact of large gas stations near residential property. This is relevant because over time, the conventional automobile service station has transformed both in intensity and in use. Traditionally, automobile service stations were comprised of a small service department with limited fueling stations, generally providing for four to eight cars to obtain gas at any one time. Today, common applications for service stations consist of a large convenience store and a far greater number of fueling stations. The change in intensity and use of the traditional service station can be magnified when located near residential property. The 300 foot distance is based upon guidelines and recommendations regarding the output of benzene, a well known carcinogen and an air pollutant, that are outlined in the Air Quality, and 1:12014 LDC Amendment Cycle 21Amendments\Gas Station Amendment 082514- 3.docx 8125/2014 5:05:42 PM Packet Page -76- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ?2 23 24 25 26 27 10/28/2014 9.A. Text underlined Is new text to be added. Tevl n1.ikethF8 .nh in suFfent text to be deleted Bold text indicates a defined term Land Use Handbook: A Community Health Perspective, prepared by California Environmental Protection Agency and California Air Resources Board in 2005. Please see Attachment 1, an excerpt from the Land Use Handbook for additional information on locating large gasoline dispensing facilities based on exposure to benzene. In addition, large gas stations can have impacts on vehicular and pedestrian circulation, truck traffic, create excess noise pollution, often intense lighting schemes, and are generally open for extended hours. These site characteristics can impact health, safety, and quality of life for nearby residents. For these additional reasons, large automobile service stations may not be suited to be sited near residential property. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: None.'!!; GROWTH MANAGEMENT PLAN IMPACT, "None. Amend the LDC as follows: 1.08.02 Definitions Automobile service tha ilif hat sells. distri device. other th e fuel m >t t alspensing aevlce that can tuel two vehicles at once is considered two fuel pumps and a fuel dispensing device that can fuel three vehicles at once is considered three fuel pumps and so on. Fuel pump. full service means a fuel pump where an employee of the business operates the fuel pump and dispenses fuel for each customer (not self - service). The business may include other minor vehicle services such as washing the windows checking tire pressure checking oil level and checking the windshield washer fluid level but does not include other services typically associated with an automobile service station or automobile repair and service Fuel pump, self - service means a fuel pump that requires the consumer to operate the pump and no other vehicle service is provided 2 1:12014 LDC Amendment Cycle 21AmendmentstGas Station Amendment 082514- 3.docx 8/25/2014 5:05:42 PM Packet Page -77- 10/28/2014 9.A. Text underlined is new text to be added. :�GA 6411(91J49Ugh GUFFAW tRA 4A be deleted. Bold text indicates a defined term 1 2 Fuel pump station. See fuel pump (see definition) 3 # # # # # # # # # # # # # 4 5 5.05.05 Automobile Service Stations 6 A. The purpose of this section is to ensure that automobile service stations do not 7 adversely impact adjacent land uses, especially residential land uses. The high levels of 8 traffic, glare, and intensity of use associated with service stations, particularly those 9 open 24 hours, may be incompatible with surrounding uses, especially residential uses. 10 Therefore, in the interest of protecting the health, safety, and general welfare of the 11 public, the following regulations shall apply to the location, layout, drainage, operation, 12 landscaping, parking, and permitted sales and service activities of automobile service 13 stations. 14 B. Site design requirements. 15 1. Table of site design requirements, Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjaseat automobile service stations:{ }' (based 500 ditnnno hetNSeR nearest neintS) 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Front yard 50 Side yard 40 Rear yard 40 from automobile service stations. a. The BZA_ may, I*resolution, grant a waiver of part or all of the minimum separation, requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man -made boundaries, structures;' or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: i. Whether the nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing automobile service station is determined by the BZA to lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4 lane arterial or collector right -of -way. ii. Whether the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, 3 1:12014 LDC Amendment Cycle 21Amendments\Gas Station Amendment 082514- 3.docx 8/25/2014 5:05:42 PM Packet Page -78- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined tern i or, if in addition to or in lieu of servicing, the staflon sells food, 2 gasoline, and other convenience items during daytime, nighttime, 3 or on a 24 hour basis. 4 iii. Whether the service station is located within a shopping center 5 primarily accessed by a driveway, or if it fronts on and is 6 accessed directly from a platted road right -of -way. 7 iv. Whether the granting of the distance waiver will have an adverse 8 impact on adjacent land uses, especially residential land uses. 9 b. The Administrative Code shall establish the submittal requirements for an 10 automobile service station waiver request. The request for an automobile 11 service station waiver shall be based on the submittal of the required 12 application, a site plan, and a written market study analysis which justifies 13 a need for the additional automobile service station in the desired 14 location. 15 C. Additional conditions. The BZA shall have the right to add additional 16 conditions or requirements to its approval of a distance waiver request in 17 order to insure compatibility of the automobile service station with the 18 surrounding area and the goals and objectives of the GMP. 19 C. Location and number of fuel pumps. 20 1. Automobile service stations shall be limited to 8 fuel pumps when located 21 within 300 feet of residential property. The distance shall be the shortest airline 22 measurement between the nearest fuel pump and any lot which is designated 23 residential. A greater number of fuel pumps may be approved as part of a PUD 24 or a conditional use subiect to 5 05 05 C.2. Existing pumps as of rXXXX} may 25 be modernized replaced or relocated on the same premise but additional fuel 26 pumps shall be subiect to 5.05.05 C.2. 27 2. Automobile service station conditional use request Automobile service 28 stations seeking more than 8 fuel pumps within 300 feet of residential propert y 29 may request a conditional use. In addition to the Findings established in LDC 30 section 10.08.00, the following criteria shall be considered when evaluating 31 compatibility and adverse impacts of the request 32 a. Number of fuel pumps. 33 b, Proximity and mitigation of impact to residential property. 34 C. Hours of operation. 35 d. Architectural design lighting landscape buffers and other site features 36 e. Location of fuel pumps parking loading and refueling areas 37 f. Existing buildings or features located between the residential property 38 and the proposed automobile service station. 39 g. Additional uses and accessory uses of the automobile service station 40 4;D. Building architecture and signage requirements. 41 1. Building architecture shall meet the requirements of section 5.05.08 42 2. Signage for automobile service stations. The following are the only signs allowed 43 in automobile service stations and convenience stores with gas pumps. 44 a. Window, Wall, and other signs: As allowed in Section 5.06.00 of this 45 Code. 46 b. All canopies may have an illuminated corporate logo with a maximum 47 area of 12 square feet shall be allowed on a canopy face which is 48 adjacent to a dedicated street or highway. Otherwise, accent lighting, 49 back lighting and accent striping are prohibited on canopy structures. 50 C. One ground sign shall be permitted for each site and shall be placed 51 within a 200 square foot landscaped area. Height is limited so that the top 4 I't2014 LDC Amendment Cycle 2\Amendments \Gas Station Amendment 082514- 3.docx 8/25/2014 5:05:42 PM Packet Page -79- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 10/28/2014 9.A. Text underlined is new text to be added. e deleted. L.arl Bold text indicates a defined term j edge of the sign face is less than eight feet above grade. Maximum f permitted area 60 square feet. d. Signage is prohibited above gas pumps. 13E. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. 1. Right -of -way buffer landscaping: a. Landscaping adjacent to rights -of -way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty -five (25) feet in width_ Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted. b. An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be constructed and maintained at a minimum average height.of three (3) � feet. The berm shall be planted with ground cover (other than grass), shrubs, hedges, trees, and palms. - �'� Fe-k C. The required trees and palms shall be clustered in double rows with a minimum of three (3) trees per cluster. Canopy trees shall be planted a ,. maximum of twenty (20) feet on center within a cluster. The use of palms within the right -of- waybuffer shall be limited to landscaped areas > adjacent to vehicular access points. Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at a maximum `°- --xr "- of eight (8) feet on center, with a minimum of a four (4) foot difference in f height between each tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which may be planted one 1 - palm per cluster. A maximum distance of twenty -five (25) feet between all types of tree clusters shall be maintained (See Illustration 1 below). d. All of the trees shall be a minimum of fourteen (14) feet in height at the time of installation. Trees shall have a minimum of a three and one -half (3'/2) inch caliper at twelve (12) inches above the ground and a six (6) foot spread. At installation, shrubs shall be a minimum of ten (1A) allon, five (5) feet in height, with a three (3) foot spread, planted fou (4)leet on,� center. r 2. Landscaping adjacent to all other property Lines: a. Side property boundaries (other than those adjacent to rights -of -way) shall be planted with single row hedges consistent with the minimum requirements of section 4.06.00, Landscaping and Buffering. b. Rear property boundaries (other than those adjacent to road rights-of- way) shall be planted with a single row hedge. The hedge shall be a minimum height of four 4 feet at planting, planted at three (3) feet on d �t center, and shall be maintained at a height of five (5) feet. -- P, C. Curbing shall be installed and constructed, consistent with minimum coe Q'� requirements, between all paved areas and landscape areas. 5 I: \2014 LDC Amendment Cycle 2 \Amendments \Gas Station Amendment 082514- 3.docx 8125/2014 5:05:42 PM Packet Page -80- 10/28/2014 9.A. Text underlined is new text to be added. Bold text Indicates a defined term 2 m V Illustration 1. Auto Service Station R.O.W. Landscape Requirements 3 E. Automobile service station sites shall be separated from adjacent residentially zoned 4 or residentially developed properties by an architecturally designed 6 foot high masonry 5 wall or fence utilizing materials similar in color, module, and texture to those utilized for �� 6. -- the building. Landscaping shall be planted on the residential side of the fence or wall. �V 7 F. Lighting. All lighting facilities shall be directed away from adjoining properties. 9 2. On -site luminaries shall be of low level, indirect diffuse type, and shall not exceed l�k 10 a height of greater than twenty (20) feet above finished grade. -" .ju: 11 3. Lighting located underneath a canopy shall be of low level, indirect diffuse type "'-42 designed to provide light only to the pump island areas located underneath said 13 canopy. 7 14 G. All restrooms shall be located inside or to the side ?r "rear of the building. L 15 H. As required by section 5.03:04, a six (6) foot high enclosed - trash -a-rea to be integrated 16 with the design of the service station shall be provided. 17 I. Storage tanks shall be located below grade. 18 J. There shall be no outside displays of products, stacking of tires, or other merchandise. 19 K. No automobile service station shall have an entrance or exit for vehicles within 200 20 feet along the same side of a street as a school, public playground, child care center, 21 church, hospital, public library, or any institution for dependents or for children, except 22 where such property is in another block. 23 L. Color accent banding on gasoline canopy structures and all other structures is 24 prohibited. Canopies shall be of one (1) color, consistent with the predominant color of 25 the principal structure, if applicable. The color of all structures on -site shall be of soft 26 earth tones or pastels. 27 M. Each automobile service station shall provide the necessary infrastructure and pre - 28 wiring in order to provide the capabilities for generator service in case of emergencies. 29 N. In addition to the retail dispensing of automobile fuels and oil, only the following services 30 may be rendered and sales made, except as indicated: 31 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 32 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not 33 recapping of tires. 6 1:12^'14 LDC Amendment Cycle 21Amendments\Gas Station Amendment 082514 -1dou 8!25/2014 5:05:42 PM Packet Page -81- L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 11-I, 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like. 4. Provision of water, antifreeze, flushing of the cooling system, air conditioning recharge, and the like. 5. Providing and repairing fuel pumps and lines. 6. Minor motor adjustments not involving removal of the head or crankcase. 7. Greasing and lubrication. 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but strictly and only as accessory and incidental to the principal business operation. 9. Provision of road maps and other information. 10. No mechanical work shall be allowed outside of the enclosed areas. 11. Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed building. 12. Uses permissible at an automobile service station do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles (except as expressly permitted in subsection 13, below), commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations. An automobile service station is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truck stop. 13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the service station or if the vehicles have been towed by the service station and are being held for servicing, for an insurance company, or for salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six (6) feet high. Said vehicles shall not be stored longer than sixty (60) days. 14. Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an accessory use. This provision does not allow carwashes except in those zoning districts where a carwash is a permitted use, and where such carwashes shall be subject to criteria specified in the zoning district. O. Exceptions: 1. The site design standards set forth in 5.05.05 B.1. (table) shall not apply to, nor render non - conforming, any existing automobile service station or any automobile service station within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. 2. The site design standards set forth in 5.05.05 F. —M. or any other applicable development standard shall apply to existing automobile service stations pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code. (Ord. No. 09 -43, § 3.A; Ord. No. 10 -23, § 3.JJ, Ord. No. 13 -56, § 3. S) # # # # # # # # # # # # 7 1:12014 LDC Amendment Cycle 21Amendments\Gas Station Amendment 082514- 3.docx 8/25/2014 5:05:42 PM Packet Page -82- 10/28/2014 9.A. Packet Page -83- Public Comment- Attachment 2 Dan O'Berski 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendment LDC SECTION(S): 1.08.02 Definitions 5.05.05 Automobile Service Stations CHANGE: The proposed amendment to LDC section 5.05.05 Automobile Service Stations establishes that automobile service stations shall be limited to eight fuel pumps when located within 300 feet of residential property; however, a greater number of fuel pumps may be sought through the conditional use process or as part of a Planned Unit Development. In addition to the Findings established in LDC section 10.08.00, the proposed amendment establishes several considerations to be examined when evaluating compatibility and adverse impacts of the conditional use request. To address changes and functions of automobile service stations, the proposed language also amends LDC section 1.08.02 Definitions. The existing term "Automobile Service Station" is modified to align with common applications of the use and the term "fuel pump" is introduced because it is included within the proposed provisions in LDC section 5.05.05. REASON: The Board of County Commissioners voted on Tuesday, July 8, 2014 to direct staff to develop and bring forward a LDC amendment pertaining to the regulation of automobile service stations, including gas stations, adjacent to residential property that have more than eight fuel pumps" or provide for fueling of more than eight cars at any point in time. At the July 8th meeting the Board discussed the compatibility of large gas stations located near residential neighborhoods. One of the Board's motions regarding the Item was to "direct staff to expeditiously amend the Land Development Code to ... properly consider ... automobile service stations..." Please see Attachment 1, pages 66 -73 of the Board's meeting minutes and Add On Item l OB, Attachment 2. The proposed amendment is designed to address the intensity, compatibility, and impact of large gas stations near residential property by regulating the location, process, and number of fuel pumps. As relayed in the Executive Summary to the Board on July 8t', this is relevant because over time the conventional automobile service station has transformed both in intensity and in use. Traditionally, automobile service stations were comprised of a small service department with limited fueling stations, generally providing for four to eight cars to obtain gas at any one time. Today, common applications for service stations consist of a large convenience store and a far greater number of fueling stations. Recent applications for automobile service stations in Collier County have identified approximately 16 — 20 fuel pumps. The impact of this change in intensity and use of the traditional service station can be magnified when located near residential ^ property. I: \2014 LDC Amendment Cycle 2\Amendments \5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Packet Page -84- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term Automobile service stations, including gas stations, of all sizes are recognized as having the potential to impact vehicular and pedestrian circulation, truck traffic, noise pollution, and often have intense lighting schemes and extended operating hours. These site characteristics can impact the health, safety, and quality of life of nearby residents and other land uses. For these reasons, many communities require site design standards, such as landscaping, buffering, and architectural standards, to address these effects. LDC section 5.05.05 Automobile Service Stations requires site design standards, but it does not currently address the number of fuel pumps at a site or require additional design standards when a greater number of fuel pumps are proposed. In addition, some communities have adopted additional distance and location standards. For example, Lee County, Florida requires that all gas stations over eight pumps go through a special exemption process, a public process similar to a conditional !use, in all zoning districts. St. Augustine, Florida instituted a new standard in early 2014 that limits gas stations to eight fuel pumps on entry corridors to the city to maintain historical development patterns. The Town of Davie, Florida requires that there be a minimum distance of 250 feet between fuel pump islands and/or service station purposes and that churches, playgrounds, playfields, !hospitals, elementary and middle schools, and land zoned or designated residential, regardless of the number of fuel pumps. Please see Attachment 3 which contains a list of communities which have established higher standards for large gas stations. Several studies identify the unique nature of gas stations. In 2011, the U.S. Environmental Protection Agency published "School Siting Guidelines" that recommended that schools mitigate, evaluate, and locate new schools 1,000 feet from large gas stations based on air pollution and vapor intrusion into structures, among other potential hazards. Please see Attachment 4, page 59.' In 2005, the California Environmental Protection Agency and California Air Resources Board prepared the Air Quality and Land Use Handbook: A Community Health Perspective study that recommended locating "sensitive land uses" 300 feet from a large gas station based on benzene emissions, a well known carcinogen and an air pollutant. Please see Attachment 5, an excerpt from the referenced Land Use Handbook for additional information. The amendment proposes that automobile service stations within 300 feet of residential property and exceeding eight fuel pumps obtain a conditional use. The proposed 300 foot requirement is based on establishing compatibility of the neighboring residential use, studies providing recommendations based on air quality concerns, and similar standards adopted by other jurisdictions. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal and operational impacts to Collier County. RELATED CODES OR REGULATIONS: None. GRON ITH MANAGEMENT PLAN IMPACT: There are not anticipated impacts to the GMP. 2 1:\2014 LDC Amendment Cycle 2\Amendments \5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Packet Page -85- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term DSAC -LDR SUBCOMMITTEE RECOMMENDATIONS: Subcommittee recommends that the proposal as drafted not be adopted, but that the comments and issues that have been raised are worthy of consideration and if the amendment were to be drafted not to include zoning districts C -4, C -5, and Industrial, then the amendment would be more worthy of consideration. Comments and issues raised during subcommittee review: 1. To address site design provisions within LDC section 5.05.05 be included in this amendment cycle, and if not, direct staff to include them in the next amendment cycle, including the following: a. lighting, address lighting comprehensively as it relates to commercial use adjacent to residential b. landscaping c. branding and banding/color schemes for canopies /canopy, d. increase the signage percentage 10% of the size of the canopy fagade e. bathrooms to be located inside the automobile service station building. 2. Recommend that staff work with Sheriff's office to look at CPTED in the LDC. DSAC RECOMMENDATIONS: DSAC reviewed the proposed amendment on Wednesday, October 1st and adopted the DSAC -LDR subcommittee's recommendations. In addition, DSAC identifies the following as the basis for .objection. If the proposed amendment is considered for adoption, the following shall be discussed: 1. Concern that property rights will be taken as a conditional use is not by right. 2. Automobile Service Station — issue with definition and that it would apply to non - retail establishments. 3. Measure the 300 distance from the pump to the face or the edge of the residential building. 4. Evaluate the eight fuel pumps vs. the output of the gas stations. 5. Consider that the fewer fueling positions may result in a greater number of small stations 6. The conditional use process discourages business and can be arbitrary and occasionally capricious. 7. Consider whether the amendment benefits a few to the detriment to the public at large. OTHER NOTESNERSION DATE: Prepared by Caroline Cilek, AICP, LDC Manager: 8/26/14, 9/5/14, 9/19/14, 10/1/14 Amend the LDC as follows: 1 2 1.08.02 Definitions 3 4 Automobile service station: means any establishment that sells, distributes, or pumps fuels for 5 motor vehicles whether or not such facility provides automotive repair services. See fuel pump 6 definition. . 7 „ 8 9 10 . 3 I: \2014 LDC Amendment Cycle 2\Amendments \5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Packet Page -86- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term 1 Fuel pump means a vehicle fuel dispensinq device, other than a portable fuel container or fuel 2 dispensing vehicle, which can be self- service or full - service. A single fuel pump is a fuel pump 3 that can serve only one vehicle at -a -time. Vehicle fuel dispensing devices that can service more 4 than one vehicle at -a -time consist of multiple fuel pumps. The number of pumps is determined 5 by the maximum number of vehicles that can be serviced at the same time. For example, a fuel 6 d_ spensing device that can fuel two vehicles at once is considered two fuel pumps, and a fuel 7 dispensing device that can fuel three vehicles at once is considered three fuel pumps, and so 8 on. 9 # # # # # # # # # # # # # 10 5.05.05 Automobile Service Stations 11 A. The purpose of this section is to ensure that automobile service stations do not 12 adversely impact adjacent land uses, especially residential land uses. The high levels of 13 traffic, glare, and intensity of use associated with service stations, particularly those 14 open 24 hours, may be incompatible with surrounding uses, especially residential uses. 15 Therefore, in the interest of protecting the health, safety, and general welfare of the 16 public, the following regulations shall apply to the location, layout, drainage, operation, 17 landscaping, parking, and permitted sales and service activities of automobile service 18 stations. 19 20 C. Location and number of fuel pumps. 21 1. Automobile service stations shall be limited to 8 fuel pumps when located 22 within 300 feet of residential property. For the purposes of subsection 5.05.05 C, 23 residential property shall be any lot which is developed or intended for residential 24 use. The measurement shall be the shortest distance between the nearest fuel 25 pump to the residential property. A greater number of fuel pumps may be 26 approved as part of a PUD or conditional use subject to 5.05.05 C.2. Existing 27 fuel pumps as of (effective date) may be modernized, replaced, or relocated on 28 the same premise, but additional fuel pumps shall be subject to 5.05.05 C.2. 29 2. Automobile service station conditional use request. Automobile service 30 stations seeking more than 8 fuel pumps within 300 feet of residential property 31 may be approved through a conditional use request. In addition to the findings 32 established in LDC section 10.08.00, the following shall be considered when 33 evaluating compatibility and adverse impacts of the request. 34 a. Number of fuel pumps. 35 b. Proximity and mitigation of impact to residential property. 36 C. Hours of operation. 37 d. Architectural design, lighting, landscape buffers and other site features 38 as described in LDC section 5.05.05 B.2.a.i. 39 e. Location of fuel pumps, parking, loading and refueling areas. 40 f. Existing buildings or features, as described in LDC section 5.05.05 41 B.2.a.i., that are located between residential property and the proposed 42 automobile service station. 43 q. Additional uses and accessory uses of the automobile service station. 44 SD. Building architecture and signage requirements. 45 1. Building architecture shall meet the requirements of section 5.05.08 46 2. Signage for automobile service stations. The following are the only signs allowed 47 in automobile service stations and convenience stores with gas pumps. 48 a. Window, Wall, and other signs: As allowed in Section 5.06.00 of this 49 Code. 4 I: \2014 LDC Amendment Cycle 21Amendments \5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Packet Page -87- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined tern b. All canopies may have an illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. C. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. d. Signage is prohibited above gas pumps. OE. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. 1. Right -of -way buffer landscaping: a. Landscaping adjacent to rights -of -way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty -five (25) feet in width. Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted. b. An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be constructed and maintained at a minimum average height of three (3) feet. The berm shall be planted with ground cover (other than grass), shrubs, hedges, trees, and palms." C. The required trees and palms shall be clustered in double rows with a minimum of three >(3)'trees per cluster. Canopy trees shall be planted a maximum of twenty (20) feet on center within a cluster. The use of palms within the right -of- waybuffer shall be limited to landscaped areas adjacent to vehicular access points. Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at a maximum of eight (8) feet on center, with a minimum of a four (4) foot difference in height between each tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which may be planted one (1) palm per cluster. A maximum distance of twenty -five (25) feet between all types of tree clusters shall be maintained (See Illustration 1 below). d. All of the trees shall be a minimum of fourteen (14) feet in height at the time of installation. Trees shall have a minimum of a three and one -half (3%2) inch caliper at twelve (12) inches above the ground and a six (6) foot spread. At installation, shrubs shall be a minimum of ten (10) gallon, five (5) feet in height, with a three (3) foot spread, planted four (4) feet on center. 2. Landscaping adjacent to all other property lines: a. Side property boundaries (other than those adjacent to rights -of -way) shall be planted with single row hedges consistent with the minimum requirements of section 4.06.00, Landscaping and Buffering. b. Rear property boundaries (other than those adjacent to road rights -of- way) shall be planted with a single row hedge. The hedge shall be a minimum height of four (4) feet at planting, planted at three (3) feet on center, and shall be maintained at a height of five (5) feet. C. Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. 5 I: \2014 LDC Amendment Cycle 2\Amendments \5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Packet Page -88- 10/28/2014 9.A. Text underlined is new text to be added. Bold text indicates a defined term Illustration 1. Auto Service Station R.O.W. Landscape Requirements €F. Automobile service station sites shall be separated from adjacent residentially zoned or residentially developed properties by an architecturally designed 6 foot high masonry wall or fence utilizing materials similar in color, module, and texture to those utilized for the building. Landscaping shall be planted on the residential side of the fence or wall. G. Lighting. 1. All lighting facilities shall be directed away from adjoining properties. 2. On -site luminaries shall be of low level, indirect diffuse type, and shall not exceed a height of greater than twenty (20) feet above finished grade. 3. Lighting located underneath a canopy shall be of low level, indirect diffuse type designed to provide light only to the pump island areas located underneath said canopy. 6H. All restrooms shall be located inside or to the side or rear of the building. #I. As required by section 5.03.04, a six (6) foot high enclosed trash area to be integrated with the design of the service station shall be provided. Ii. Storage tanks shall be located below grade. dK. There shall be no outside displays of products, stacking of tires, or other merchandise. 44L. No automobile service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street as a school, public playground, child care center, church, hospital, public library, or any institution for dependents or for children, except where such property is in another block. L- M. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one (1) color, consistent with the predominant color of the principal structure, if applicable. The color of all structures on -site shall be of soft earth tones or pastels. IRAN. Each automobile service station shall provide the necessary infrastructure and pre - wiring in order to provide the capabilities for generator service in case of emergencies. NO. In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated: 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not recapping of tires. 6 I: \2014 LDC Amendment Cycle 2\Amendments \5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Packet Page -89- 10/28/2014 9.A. Text underlined is new text to be added. -Fik8thF9U9h 06 GUFFent te)d to be deleted: Bold text indicates a defined term 1 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, 2 floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, 3 mirrors, exhaust systems, and the like. 4 4. Provision of water, antifreeze, flushing of the cooling system, air conditioning 5 recharge, and the like. 6 5. Providing and repairing fuel pumps and lines. 7 6. Minor motor adjustments not involving removal of the head or crankcase. 8 7. Greasing and lubrication. 9 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service 10 station customers, but strictly and only as accessory and incidental to the 11 principal business operation. 12 9. Provision of road maps and other information. 13 10. No mechanical work shall be allowed outside of the enclosed areas. 14 11. Oil drainage pits or appliances for such purpose or repair purposes shall be 15 located within a wholly enclosed building. 16 12. Uses permissible at an automobile service station do not include major 17 mechanical and body work, straightening of frames or body parts, steam 18 cleaning, painting, welding, storage of automobiles (except as expressly 19 permitted in subsection 13. below), commercial garage as an accessory use, or 20 other work involving undue noise, glare, fumes, smoke, or other characteristics to 21 an extent greater than normally found in such stations. An automobile service 22 station is not a facility for the sale of automobile vehicles, a repair garage, a 23 body shop, or a truck stop. 24 13. The temporary storage of vehicles shall be permitted if the vehicles are to be 25 serviced at the service station or if the vehicles have been towed by the service 26 station and are being held for servicing, for an insurance company, or for 27 salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be 28 stored within an area surrounded by an opaque fence not less than six (6) feet 29 high. Said vehicles shall not be stored longer than sixty (60) days. 30 14. Washing and polishing of automobiles and sale of automobile washing and 31 polishing materials, but this only allows auto detailing as an accessory use. This 32 provision does not allow carwashes except in those zoning districts where a 33 carwash is a permitted use, and where such carwashes shall be subject to 34 criteria specified in the zoning district. 35 8P. Exceptions: 36 1. The site design standards set forth in 5.05.05 13.1. (table) shall not apply to, nor 37 render non - conforming, any existing automobile service station or any 38 automobile service station within a PUD in which a specific architectural 39 rendering and site plan was approved as part of a rezoning action prior to July 5, 40 1998. 41 2. The site design standards set forth in 5.05.05 F. —M. or any other applicable 42 development standard shall apply to existing automobile service stations 43 pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable 44 sections of the Land Development Code. 45 (Ord. No. 09 -43, § 3.A; Ord. No. 10 -23, § 3.JJ, Ord. No. 13 -56, § 3.S) 46 # # # # # # # # # # # # 7 I: \2014 LDC Amendment Cycle 2\Amendments \5.05.05 Automobile Service Stations LDCA for CCPC 101614.docx 10/13/2014 10:29:21 AM Packet Page -90- Public Comment- Attachment 3 Ron Mosher 10/28/2014 9.A. Public Comments on the proposed amendment to LDC section 5.05.05 Automobile Service Stations The following are concerns that need to be reviewed and considered: 10 9E. The following landscape requirements are in addition to the requirements of section 11 4.06.00 Landscaping and Buffering. 12 1. Right -of -way buffer landscaping: 1 I a. Landscaping adjacent to rights -of -way external to the development 14 project shall be located within a landscape buffer easement which is a 15 minimum of twenty -five (25) feet in width. Water management swales 16 shall not be located within these buffer areas; however, water 17 management facilities such as underground piping shall be permitted. 18 b. An undulating berm with a maximum slope of 3:1 shall be constructed 19 along the entire length of the landscape buffer. The berm shall be 20 constructed and maintained at a minimum average height of three (3) 21 feet. The berm shall be planted with ground cover (other than grass), 22 shrubs, hedges, trees, and palms. Landscaping does improve the location but if not done properly can hinder and possibly reduce public safety and security at these locations. The landscaping on the property should not hinder sightlines and visibility ( "Natural Surveillance ") of the gas station by passing motorists, nor from the persons in the gas station looking out to the surrounding area, sidewalks etc. Trees and shrubs should not be allowed to obstruct natural line of sight of drivers passing by the location, trying to enter or exit the location or pedestrians walking on the sidewalks. There should be provisions that check to make sure that regular maintenance is conducted on the landscaping to insure that it is not being allowed to become too high or overgrown that it obstructs natural lines of sight and visibility ( "Natural Surveillance. ") • Trees and shrubs should not interfere with the distribution of lighting Packet Page -91- 10/28/2014 9.A. The following section was obtained from the Florida Intersection Design Guide of 2007 and hopefully would influence the design of the driveways into and out of service stations. Florida Intersection Design Guide 2007 3.14.4 Landscaping Considerations Landscaping can have a significant impact on sight distance. The Design Standards, Index 546 indicate that the corridor defined by the limits of clear sight is a restricted planting area. Drivers of vehicles on the intersecting roadway and vehicles on the major roadway must be able to see each other clearly throughout the limits of `d'. If, in the Engineer's judgment landscaping interferes with the line of sight corridor prescribed by these standards the Engineer may rearrange, relocate or eliminate plantings. 6.2 Landscaping "Landscape" or "Landscaping" means any vegetation, mulches, irrigation systems and any site amenities;. such as, street furniture, decorative paving, fences and lighting (excluding public utility street and area lighting). Plans for landscape projects must be prepared by a landscape architect licensed by the State of Florida. The central objective of highway beautification is to create safe, low maintenance, attractive landscaping within the rights of way of the State's transportation corridors. It is important that plants not be allowed to infringe on the motorist's ability to see other vehicles and objects that could present a hazard or complicate the driving task. The geometric criteria that affect driver visibility are covered in Chapter 3. The concepts of horizontal clearance and clear zone are covered in Section 3.90.2, and Section 3.14 covers sight distance requirements. Additional requirements are provided in PPM Volume 1, Chapter 2 and FDOT Design Standards, Index 546 Sight Distance at Intersections. All landscaping must comply with these requirements. 3.15.2 Driveway Design a. Driveway design shall be done in accordance with Design Standards, Index 515 and 516. Index 515 identifies the elements of a driveway and prescribes widths, angles, radii etc. for various traffic volume levels. It also provides profiles and construction details for driveways. Index 516 prescribes requirements for driveways in resurfacing projects. Be aware that due to high traffic volumes or large vehicles expected on a driveway connection, it may be desirable to design the driveway more like a full intersection. In this case, the criteria in Design Standards, Index 515 and 516 may not apply. Packet Page -92- 10/28/2014 9.A. Another possible safety security issue to be consider in the code. #l. As required by section 5.U3.U4, a six (U) toot_mgh enclosed trash area to be integrated with the design of the service station shall be provided. The enclosed trash area should have about 12 inch gap from the ground to provide the ability to see if anyone is in the enclosed trash area. This provides some safety to the person entering the area. Any questions or concerns feel free to contact me via the below listed information. Ron Mosher D/S #3182 F.C.P.P. / FL. C.T.E.D. Collier County Sheriffs Office Crime Prevention 239 - 252 -0709 office 239- 253 -4278 mobile Packet Page -93- 10/28/2014 9.A. NAPLES DAILY NEWS(( Friday, October 17, 2014 (( 21A YUBLUC NOTICE PUBLIC NUl'10E PUBLIC NU'IIUE NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, October 28, 2014, in the Board of County Commission- ers Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, MORE SPECIFICALLY (1) TO AMEND THE PERMITTED USES IN THE AGRICULTURAL AND ESTATE DISTRICTS TO ALLOW HOGS TO BE KEPT FOR SHOW BY CHILDREN ENROLLED IN A 4 -H DEVELOPMENT PROGRAM, AND (2) TO AMEND THE ACCESSORY USES IN THE ESTATE DISTRICT TO ALLOW OFF -SITE RETAIL SALE OF FRUITS, VEGETABLES, AND NURSERY PLANTS GROWN ON SITE; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.07 STANDARDS FOR KEEPING ANIMALS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY, TO ALLOW AUTOMOBILE SERVICE STATIONS WITH MORE THAN 8 FUEL PUMPS WITHIN 300 FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL AS PART OF A PLANNED UNIT DEVELOPMENT OR CONDITIONAL USE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, 3299 Tamiami Trail East, Suite #401, Naples, Florida, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Com- missioners 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. 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, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at leas`, two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Tom Henning, Chairman N �>aaAI QctnaG �: ?01 - - -- Packet Page -94- ---- - - - - -- C.—Tyari to Map Sh.—p Agriculw ra! 1 .� "1t ESIaIeE Zw Jn© 0wrim AO���rai Lanny Ot All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, 3299 Tamiami Trail East, Suite #401, Naples, Florida, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Com- missioners 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. 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, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at leas`, two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Tom Henning, Chairman N �>aaAI QctnaG �: ?01 - - -- Packet Page -94- ---- - - - - --