Loading...
Agenda 09/25/2012 Item #16A7 Proposed Agenda Changes Board of County Commissioners Meeting September 25,2012 Request to hear Item 10A immediately before Item 14A1. (Commissioner Hiller's request) Add Item 10K: Consideration of impending vacancy on the Collier County Planning Commission for District 5 representative. (Commissioner Coletta's request) Withdraw Item 11D: This is a quasi judicial hearing.This item requires that ex parte disclosure be provided by Commission members and all participants are required to be sworn in. Recommendation to hear testimony from American Medical Transport and the public to determine the need for an additional Class 2 post-hospital inter-facility transport ambulance transfer service in Collier County. (Applicant's request) Withdraw Item 11E: Recommendation to approve the Site Improvement Plan and authorize the Chair to sign the Compliance Agreement for Star Mobile Home Park located at 1507 Immokalee Drive,Immokalee, Florida. (Staffs request on behalf of property owner) Move Item 16A7 to Item 11J: Recommendation to accept a schedule to review past staff clarifications of the Land Development Code (LDC) and to accept specific Staff Clarifications attached to this Executive Summary. (Commissioner Hiller's request) Add Item 11K: Recommendation to continue the Fiscal Year 2012 Pay and Classification Plan for the Board of County Commissioners and Office of the County Attorney into Fiscal Year 2013,allowing for final revisions to the proposed Fiscal Year 2013 plan which will be brought forward for consideration at the Board meeting of October 9, 2012. (Staffs request) Withdraw Item 16C1: Recommendation to approve a time and materials contract with Agnoli Barber& Brundage in the not-to-exceed amount of$243,631 for Request for Proposal No. 12-5883, "Master Pumping Station 312 Professional Services During Construction," Project Number 72549. (Staffs request pending resolution of a bid protest) Continue Item 16D5 to the October 9,2012 BCC M_eeting: Recommendation to accept the Conservation Collier Annual Report. (Staffs request) Continue Item 16D6 to the October 9,2012 BCC Meeting: Recommendation to approve and authorize the Chairman to execute a Resolution repealing Resolution No.2009-296 and a Resolution establishing a revised Collier County Public Library Fees and Fines Schedule. (Staffs request) Move Item 16D9 to Item 11L: Recommendation to comply with a Housing and Urban Development(HUD) payback disbursement directive of federal funds in the amount of$500,000 for a Community Development Block Grant(CDBG)project subawarded to Habitat for Humanity(HFH)and authorize any necessary budget amendments. (Commissioner Hiller's request) Withdraw Item 16G1: Recommendation to approve a License Agreement with United Circus Operating Co.,Inc. d/b/a The Kings Bros Circus at the Immokalee Airport for a one(1)day circus event. (Staffs request) Proposed Agenda Changes Board of County Commissioners Meeting September 25,2012 Page 2 Withdraw Item 17C: Recommendation to adopt proposed changes to Ordinance No.91-65,of the Affordable Housing Advisory Committee Ordinance to incorporate statutory requirements and otherwise clarify terms. (Staffs request) Note: Item 16D2: The second sentence in the Considerations section of the Executive Summary should read: "Per Florida Statutes subsection 39.304(5),the parents,legal guardians,or legal custodians are required to reimburse the County for the costs of such initial allowable examinations". (Staffs request) Time Certain Items: Item 9B to be heard at 5:05 p.m. (Bayshore Triangle CRA Amendments and Wellfield and related Amendments) Item 10I to be heard at 1:05 p.m. Item 1IC to be heard at 10:00 a.m. Item 12A to be heard at 11:30 a.m. Item 12B to be heard at 12:00 noon in a Closed Session Item 12C to be heard at 1:00 p.m. in an Open Session 9/25/2012 9:38 AM 9/25/2012 Item 16.A.7. EXECUTIVE SUMMARY Recommendation to accept a schedule to review past staff clarifications of the Land Development Code (LDC) and to accept specific Staff Clarifications attached to this Executive Summary. OBJECTIVE: To have the Board of County Commissioners (Board) accept a schedule to review past staff clarifications of the Land Development Code and to accept selected Staff Clarifications. CONSIDERATIONS: On October 25, 2011, the Board directed the County Manager to bring to the Board written staff clarifications of the LDC. Staff Clarifications (SC) are those reports that have been written to provide guidance to staff when there are questions about the application of an LDC provision and date back to 1997. The SCs have been displayed on Zoning's website for several years. Pursuant to Board direction, staff will evaluate past SCs to determine which ones have not been superseded by subsequent code amendments and will bring to the Board for review all of the current SCs. Attachment 1 provides a list SCs associated with the Land Development Code and a tentative schedule for Board review. Staff will review the SCs for applicability and will place them on the Board's consent agenda according to the tentative schedule. Staff will also report to the Board those items that have been superseded by subsequent code amendments and are no longer applicable. In addition to the attached schedule, staff is requesting Board review and acceptance of the following SCs: • Window Signs, SC-2011-01 (Attachment#2), • Accessory Buildings and Structures, SC-04-03 (Attachment#3), • Guest House or Cottage and Guest Quarters/Guest Suites, SC-04-07 (Attachment#4) • RMF-6 Density Calculation, SC-06-04 (Attachment#5) • Lot Line Adjustment, SC-03-01 (Attachment#6) • Sign Size Standards, SC-02-03 (Attachment#7) FISCAL IMPACT: There is no Fiscal Impact associated with the recommendations of this Executive Summary. Fees for the processing of Official Interpretations are specified by the applicable Fee Resolution adopted by the Board and have already been collected. There are no fees associated with staff clarifications. GROWTH MANAGEMENT PLAN (GMP) IMPACT: There is no GMP impact for this item. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. -JAK Packet Page -2145- 9/25/2012 Item 16.A.7. RECOMMENDATION: Recommendation for the Board to: 1. Approve the attached schedule for reviewing staff clarifications; 2. Accept the following Staff Clarifications: • SC-2011-01, Window Signs • SC-2004-03, Accessory Buildings and Structures • SC-2004-07, Guest House or Cottage and Guest Quarters/Guest Suites • SC-2006-04,RMF-6 Density Calculation • SC-2003-01, Lot Line Adjustment • SC-2002-03 Sign Size Standards PREPARED BY: Michael Bosi,AICP, Interim Director, Department of Planning& Zoning Growth Management Division—Planning and Regulation Attachments: 1. Proposed Schedule for Review of Staff Clarifications and Official Interpretation; 2. SC-2011-01, Window Signs; 3. SC-2004-03, Accessory Buildings and Structures; 4. SC-2004-07, Guest House or Cottage and Guest Quarters/Guest Suites; 5. SC-2006-04, RMF-6 Density Calculation; 6. SC-2003-01, Lot Line Adjustment; and 7. SC-2002-03 Sign Size Standards Packet Page-2146- 9/25/2012 Item 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7. Item Summary: Recommendation to accept a schedule to review past staff clarifications of the Land Development Code (LDC) and to accept specific Staff Clarifications attached to this Executive Summary. Meeting Date: 9/25/2012 Prepared By Name: BellowsRay Title: Manager-Planning, Comprehensive Planning 8/30/2012 2:45:23 PM Approved By Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 8/31/2012 2:39:21 PM Name: BosiMichael Title: Manager-Planning,Comprehensive Planning Date: 9/4/2012 9:41:57 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/14/2012 3:48:33 PM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Date: 9/14/2012 4:41:28 PM Name: KlatzkowJeff Title: County Attorney Date: 9/17/2012 9:10:37 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 9/17/2012 9:58:16 AM Packet Page -2147- 9/25/2012 Item 16.A.7. Name: OchsLeo Title: County Manager Date: 9/17/2012 3:19:00 PM Packet Page -2148- 9/25/2012 Item 16.A.7. Attachment 1 Proposed Schedule for BCC Review of LDC Staff Clarifications Type of Interptet Target Board Actual Board Title ?Document NumbE,.l ation Review Dat Review Date Nonconforming Mobile Home Parks* 2011-02 SC N/A N/A Window Signs 2011-01 SC 9/25/2012 PL20120001605 2004-03 SC 9/25/2012 Guesthouses/Cottages,Guest Quarters/Guest Suites 2004-07 SC 9/25/2012 RMF-6 Density 2006-04 SC 9/25/2012 LLAs and Lot Width 2003-01 SC 9/25/2012 Signs on Arterial-Collector Roadways 2002-03 SC 9/25/2012 Kenneling within Estates Zoning* 2009-002 SC N/A N/A LLAs and Corner Lots 2009-001 SC 10/23/2012 Lot Reduction 2000-04 SC 10/23/2012 Transportation Review SDPI's 2006-03 SC 10/23/2012 Wedding Cake Setbacks 2006-01 SC 10/23/2012 Waterfront Setbacks 2004-02 SC 10/23/2012 Setback measurements on cul-de-sacs 2007-02 SC 11/27/2012 Elevated Pad Mounted Air Conditioning Units 2007-01 SC 11/27/2012 Fuel Tanks in RSF E 2006-05 SC 11/27/2012 Golden Gate Estates Easements Setbacks 2006-02 SC 11/27/2012 Clubhouse Parking 2005-02 SC 11/27/2012 Legal Nonconforming Lot Splits* 2005-01 SC N/A N/A Street Name Change,NIM* 2004-06 SC N/A N/A Building Height Limitations, Exemptions from 2004-05 SC 12/11/2012 Accessory Structures,Maximum Lot Coverage 2004-04 SC 12/11/2012 Drug Stores(C-3) 2004-01 SC 12/11/2012 Setback side in MH 2003-01A SC 12/11/2012 LDC 1.5.5.and Excavations 2003-003 SC 12/11/2012 Storage Containers 2003-002 SC 12/11/2012 Setbacks, LNC(revised)* 2002-02 SC N/A N/A Fences 2001-01 SC 1/22/2013 LNC Dock Repair 2000-05 SC 1/22/2013 Water Feature 2000-03 SC 1/22/2013 Combine Lots 2000-02 SC 1/22/2013 Accessory Structure Setbacks 2000-01 SC 1/22/2013 Golden Gate Estates Lot Line Adjustment 1999-01 SC 2/26/2013 Setback from Seawall 1998-004 SC 2/26/2013 LNC Corner Lots* 1998-003 SC N/A N/A End Canal Setback 1998-002 SC 2/26/2013 Estates Canals 1998-001 SC 2/26/2013 Accessory Structures,Height 1997-002 SC 2/26/2013 Shoulder Lots 1997-001 SC 2/26/2013 *No longer applicable due to subsequent LDC amendments or superseded by subsequent clarifications Revised 8/29/12 Packet Page -2149- 9/25/2012 Item 16.A.7. ATTACHMENT 2 Co Cie-r County Department of Land Development Services Growth Management Division, Planning & Regulation STAFF CLARIFICATION: SC-2011-1 DATE:April 20, 2011 LDC SECTIONS: 5.06.04.F.4.e.i SUBJECT: A clarification on the method of measuring the window area for the purpose of enforcing the above referenced LDC provision that limits non-illuminated signs that are located in a window not to exceed 25 percent of each window area. INITIATED BY: Code Enforcement BACKGROUND/CONSIDERATIONS: Due to the various types of window styles and because the LDC doesn't define what constitutes the "window area", the Code Enforcement staff has experienced problems enforcing this provision for those unique or unusual window designs. DETERMINATION (CLARIFICATION): Since the LDC doesn't provide a method to calculate the window area, this calculation should be based upon the applicable standard procedures and policies established by the Sign Permit and Plan Review staff within the Building Department. For the purpose of determining compliance with LDC Section 5.06.04.F.4.e.i, the window area is measured for each window pane of storefront glass. The window pane includes the glass area between the vertical sash divider that outlines the window frame between each storefront window. If the window contains a thin horizontal sash divider forming a small attached window, that additional glass area is typically considered part of the same window area. Therefore, when calculating the window area, the smaller window area is included in the calculation as if the horizontal sash was not there. (See Photo #1) Conversely, if the horizontal and vertical sash dividers are the same or similar size, each glass area is typically considered a separate window for the purpose of calculating the window area. (See Photo #2) In a mullion window, all the small panes of glass are measured as a whole window area unless divided by a large vertical sash. (See Photo #3) In addition, any non-illuminated sign located in a window shall not exceed 25 percent of each window area. No building permit required. 1 Packet Page-2150- 9/25/2012 Item 16.A.7. ATTACHMENT 2 Signs located in windows shall not be illuminated in any manner with the following exception: a) One sign per business establishment that is located in a window may have 2.25 square feet of illuminated signage. l Y II It ,.AEI � i' �- �� � I. ty°. r II I ■ Q I 11 i d -- '. 4 �' t .: II I I �� I ;• Y aW" , 3 a 1r '11' i € I I I I � �1 �� ? �# 3 1 I, • i I I I I Photo#1 Photo#2 Photo #3 AUTHOR: Ray Bellows, Planning Manager, Department of Land Development Services cc: Zoning Services Section Staff Diane Flagg, Code Enforcement Director William Lorenz, P.E., Land Development Services Director Heidi Ashton-Cicko, Assistant County Attorney Diana Compagnone, Building Review and Permitting Zoning Clarification File 2 Packet Page -2151- 9/25/2012 Item 16.A.7. ATTACHMENT 3 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION SC 2004-03 DATE: July 21,2004 LDC SECTION:2.6.2. 4.02.03.A Tables 3&4 Accessory Buildings and Structures SUBJECT:Measurement of Distance Between Structures INITIATED BY:Zoning Department Staff BACKGROUND/CONSIDERATIONS:An applicant has requested clarification of whether the distance between two multi-family residential structures,each consisting of a high-rise tower surrounded by an attached,one-story garage,is measured between the garages or the central residential towers. DETERMINATION(CLARIFICATION):It is my determination that,when principal structures have attached accessory structures,the distance between principal structures will be measured between the principal structures only,not including the attached accessory structures. To determine distance between structures,the principal and accessory structures will be addressed separately. When principal structures have attached accessory structures,the distance between the principal structures will be measured between the principal structures only,not including the attached accessory structures. Where a principal structure is adjacent to an accessory structure,and the governing ordinance(LDC or PUD)does not directly address the situation under development standards for the zoning district,the minimum separation required is that dictated by LDC Section 2.6.2.4.02.03.A Tables 3&4. Where language in the governing ordinance does not discriminate between principal and accessory structures in addressing distance between structures,the distance will be measured between the most restrictive points of adjacent structures. AUTHOR:Susan Murray,AICP,Director,Department of Zoning&Land Development Review) VALIDATED:Ray Bellows,Planning Manager,Zoning Services Section cc:Tom Kuck,Engineering Director Alamar Smiley,Permitting Supervisor,Building Department Amok Packet Page -2152- 9/25/2012 Item 16.A.7. ATTACHMENT 4 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION SC 2004-07 DATE:15 December 2004 LDC SECTIONS:5.03.03 and 1.08.02,Definitions of"Guest house or cottage" and"Guest Quarters/guest suites" SUBJECT:Review guidelines for plan reviewers pertaining to Guesthouses/cottages and guest quarters/guest suites INITIATED BY:Staff BACKGROUND/CONSIDERATIONS: Guesthouses/cottages and guest quarters/guest suites are permissible as uses accessory to permissible principal single-family residences. "Guest house or cottage" is defined in LDC Section 1.08.02 as "An accessory dwelling structure which is attached to or detached from, a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their temporary guests or their domestic employees and which may contain kitchen facilities. " In addition, "Guest quarters/guest suites" are defined in LDC Section 1.08.02 as "An attached or detached room or suite, which could be used as a temporary sleeping accommodation, which is integrated as part of the principal use of the property and may contain running water as long as is not configured or of a size that may accommodate a kitchen." This Staff Clarification is intended to establish guidelines to assist building plan reviewers to determine if a structure or building addition meets the LDC definition of any of these accessory uses. DETERMINATION (CLARIFICATION): There are three different fact situations requiring application of the LDC definitions of"guesthouse or cottage" and "guest quarters/guest suites." Guidelines for application of the LDC are identified for each of these situations. Please note: determinations of the status of the accessory use made in accordance with this Staff Clarification for building permit plan reviews are not required to be consistent with the application of the definition of a "dwelling unit" or any provisions applied by the Financial Administration and Housing Department to assess impact fees under the Code of Laws, Chapter 74. Accordingly, the Impact Fee Manager may apply criteria under the regulations applicable to assessing impact fees in a manner recognizing the future use of proposed structures as well as any existing use. In the case of an unresolved conflict between the guidelines presented in this Staff Clarification and those applied by the Impact Fee Manager under the applicable regulations, policies and procedures, the latter provisions for assessing impact fees are presumed to controI.. A. Guesthouse or cottage - detached: any habitable structure detached from the principal residence will be considered a guesthouse under the LDC zoning and property development regulations if it contains: 1.a separate electrical meter for the structure, or if there is no separate meter there is: 2.an area designated on the plans submitted with the building permit application as a kitchen or food preparation area,or if there is no separately designated kitchen or food preparation area,there is: 3.an apparent food preparation area (regardless of designation),having: 1 Revised:8-23-12 Packet Page -2153- 9/25/2012 Item 16.A.7. ATTACHMENT 4 a. a range,or b. a sink and countertop which are not identified for a use other than food preparation,and which area is not within a bathroom or washroom,or if there is no apparent food preparation area,there is: 4. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. B. Guesthouse or cottage-attached: any addition to a principal residence will be considered an attached guesthouse under the LDC zoning and property development regulations if: 1.it is structurally attached,as may be determined by the Building Official under the provisions of the Florida Building Code, to the principal residence but is not connected to the principal residence by living(air-conditioned)space,and 2. it contains a separate electrical meter for the addition,or if there is no separate meter,there is: 3.a designated or depicted kitchen or food preparation area,or if there is on separately designated kitchen of food preparation area,there is: 4.an apparent food preparation area(regardless of designation),having: a. a range,or b. a sink and countertop which are not identified for a use other than food preparation,and which area is not within a bathroom or washroom, or if there is no apparent food preparation area,there is: 5. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. Note that a guesthouse, as defined, may be directly interconnected to the main residence if the applicant so desires,provided that it also meets all the requirements of LDC Section 5.03.03. C. Guest quarters/guest suite: This accessory use is defined in the LDC and may be attached to the main residence or detached;however,it is not identified as a permissible accessory use in any base residential zoning district. Thus, "Guest quarters/guest suites" are identified, by name, as permissible accessory uses only in certain PUDs. Where specifically identified in a PUD document, the guest quarters or guest suites must meet all applicable requirements of the individual PUD. In any PUD not specifically identifying "guest quarters" or "guest suites" by name, the guidelines above for an attached or detached guesthouse will be considered to apply. If the living area in question is not identified as an attached or detached guest house according to the above guidelines and regardless of what the living area is called, this living area will be considered an addition to the main residence when structurally attached to the main residence, whether it is inter-accessible to the main residence or not. If it is detached, it will be considered a separate, detached,accessory structure. AUTHOR:Ross Gochenaur VALIDATED:Ray Bellows,Planning Manager,Zoning Services Section cc: Zoning Department staff Bill Hammond,Building Director Michelle Arnold,Code Enforcement Director Patrick G.White,Assistant County Attorney Zoning Clarification File 2 Revised: 8-23-12 Packet Page -2154- 9/25/2012 Item 16.A.7. ATTACHMENT 5 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING &LAND DEVELOPMENT STAFF CLARIFICATION SC-06-04 DATE:1 December 2006 LDC SECTION:2.03.01.D (RMF-6 Zoning District) &4.02.01.A,Table 1 (Permitted Uses) SUBJECT:Calculation of Density in RMF-6 Zoning INITIATED BY:Staff BACKGROUND/CONSIDERATIONS: Density in RMF-6 zoning is a maximum of 6 units per acre, as the designator suggests; however the LDC (4.02.01.A, Table 1) states that the minimum lot area for a single-family home is 6,500 sq. ft.;for a duplex, 12,000 sq. ft.; and for three or more units,5,500 per unit. One-sixth of an acre (43,560 sq ft)is 7,260 sq.ft. The old LDC (Ord. 91-102) identified the lesser lot areas (6,500&5,500) to be used for calculating density for Legal Nonconforming Lots of Record (LNC), but also indicated that these lesser lot areas constitute the minimum respective lot areas (single-family, duplex/two family, multi- family) for the zoning district. In the old LDC, the lesser lot areas therefore applied to both legal and LNC lots, and using these lesser lot areas could result in a density greater than 6 units per acre. The language indicating the application of the lesser lot areas to LNC lots was apparently omitted from the new LDC,although these lesser lot areas appear in Section 4.02.01.A,Table 1. Section 2.03.02.B 2.03.02.B (RMF-6) states that "The maximum density permissible in the RMF-6 district and the Urban Mixed Use Land Designation shall be guided,in part,by the density rating system as contained in the FLUE of the GMP. The maximum density permissible or permitted in the RMF-6 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the FLUE." DETERMINATION (CLARIFICATION): In view of these contradictions, when calculating the density for existing single conforming lots of record, or existing combined conforming lots of record, or existing combined legal nonconforming lots of record, the total lot area should be divided by 7,260 sq. ft. When calculating density for an existing single legal nonconforming lot of record capable of supporting more than one dwelling unit,the lot area should be divided by 6,500 sq. ft.;however the density of 6 units per acre may never be exceeded. When the resultant number includes a fraction of .5 or greater, it may be rounded off to the next whole number, never to exceed 6 units per acre. The LDC will be amended in the upcoming cycle to incorporate this clarification.The minimum lot area needed for the creation of new RMF-6 lots will remain as indicated in Section 4.02.01.A, Table 1, so long as the density does not exceed the density of 6 units per acre permissible under the density rating system. AUTHOR:Ross Gochenaur and Joyce Ernst) VALIDATED:Ray Bellows,Planning Manager,Zoning Services Section cc: Zoning Department Staff Building Department Staff Correspondence File 1 Revised:8-23-12 Packet Page -2155- 9/25/2012 Item 16.A.7. ATTACHMENT 6 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ,. CURRENT PLANNING STAFF CLARIFICATION SC 03-001 DATE:27 August 2003 LDC SECTION:3.2.1.8.4.03.04 Lot line adjustment/reconfiguration SUBJECT:Lot line adjustments,irregular lot configuration,and minimum lot width INITIATED BY:Staff BACKGROUND/CONSIDERATIONS:Section 3.2.4.8 4.03.04 allows adjustment of lot lines between contiguous lots or parcels to correct an engineering or surveying error,or to allow an "insubstantial boundary change." There are situations where a lot line adjustment is requested for lots under common ownership which have improvements on one or more of the lots. In some of these situations,substantial boundary changes are proposed in order to accommodate the improvements while avoiding encroachments into the required setbacks. These adjusted lot lines,if approved,would result in highly irregular lots,making it difficult to determine what setback applies to which yard. This clarification is intended to address those situations. DETERMINATION(CLARIFICATION):When a lot line adjustment is requested,the minimum required lot width must be provided to a depth equal to the required front yard. This width must be provided along a linear street frontage. In the case of a corner lot(as defined in Division 6-3}Section 1.08.02),the minimum width must be provided on one street frontage or the other and may not"wrap around" the corner. In all cases,the lot configuration created must be one to 2222,2 which the required setbacks for front,side and rear yards can be readily applied. AUTHOR:Susan Murray,AICP,Current Planning Manager VALIDATED:Ray Bellows,Planning Manager,Zoning Services Section Cc:Tom Kuck,Director,Engineering Services John Houldsworth,Senior Engineer Current Planning Staff Current Planning Interpretation File Allow Packet Page -2156- 9/25/2012 Item 16.A.7. ATTACHMENT 7 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION CURRENT PLANNING STAFF CLARIFICATION SC#2002-03 DATE: 11-20-02 LDC SECTION: 2.5.5.2.2.3.5.06.02.B INITIATED BY: Kay Deselem BACKGROUND/CONSIDERATIONS: This section of the LDC sets forth the standards for sign square footage based upon roadway classification, allowing larger signs for arterial and collector roadway and smaller signs for all other roadways. Two issues are apparent. One, past practice has used the site address to determine the sign location, irrespective of the actual location (placement) of the sign. Two, the LDC is not clear from whence the roadway classification is to be determined. DETERMINATION (CLARIFICATION): The LDC clearly states that sign placement, i.e., sign location should be the determining factor, not the site address. If the sign is to be placed upon arterial or collector roadway frontage that is owned or otherwise controlled by the sign permittee that is the subject of the use to be advertised,the larger sized sign would be allowed. (Off-site signs are not permitted except in compliance with other regulations in the LDC to address same.) Roadway Classification will be determined using the GMP Roadway Classification Map, entitled "Map TR-5BW, Facility Type—Year 2000," as it may be amended or any other document officially adopted for to assign roadway classifications. AUTHOR: Kay Deselem for Margaret Wuerstle,Director,Planning Services Department THROUGH: Susan Murray,Manager,Current Planning Section VALIDATED: Ray Bellows,Planning Manager,Zoning Services Section cc: Ross Gochenaur,Planner Michael Vignari, Sign Review Specialist Diana Compagnone, Sign Review Specialist Ivette Monroig,for Staff Clarification file C:\Program Files\Neevia.Com\Document Converter\temp\2255702.docx Validated on: 8-10-12 Packet Page -2157-