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Agenda 01/11/2006 LDC COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ Board of County Commissioners/Land Development Code AGENDA January 11, 2006 5:05 p.m. Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Tom Henning, Commissioner, District 3 Donna Fiala, Commissioner, District 1 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE Page 1 January 11,2006 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 2 January 11, 2006 NDUM Community Development & Environmental Services Division Department of Zoning and Land Development Review To: Members of the Board of County Commissioners From: Catherine Fabacher, LDC Coordinator Date: January 6, 2006 Subject: 2005 Cycle 2 Land Development Code Amendments For January 11 BCC LDC Meeting at 5:05 PM Attached please find a copy of the proposed LD Amendments for Cycle 2 of2005, to be heard by the Board of County Commissioners at the January 11,2006 BCC LDC Meeting at 5:05 PM in the BCC Chambers. Amendment requests to the following sections of the Collier County Land Development Code: Sections: 1.04.04, 1.08.01, 1.08.02 (Definitions); Sections: 2.01.00, 2.01.03, 2.03.07 (Overlay Zoning Districts), 2.04.03; Sections: 4.01.03, 4.02.03, 4.02.14, 4.03.02,4.03..03,4.05.03, 4.06.05 (Landscaping), 4.07.02; Sections: 5.05.08, 5.06.04; Sections: 6.06.03; Sections: 9.04.02; and Sections: 10.02.01, 10.02.02, 10.02.03, 10.02.04, 10.02.06, 10.02.07, 10.03.05 (Notice Requirements For Public Hearings), 10.08.08. If you have any questions or need further information, please call me at 403-2322 or catherinefabacher@colliergov.net. ~ (l) (l) ...Q r:FJ è ~ ~ r:FJ r.n ~ ~ (l) 8 "'0 ~ (l) 8 ~ (l) "'0 o U ~ ~ (l) 8 ~ o ~ (l) > (l) Q "'0 ª ~ o U z U M= f-o u '" u ~~ q .9 - ~~ u ß ~ a u a u 0 u (1) p::: q o .... - -g ro N"'O uß ~§ Uo u (1) p::: N ~ - ~ >. U II) = = N c: o U .~ ~5 r:fJ.E Q§ '" ~ s:: Q.I 0 cu '';:: - o:S U .-;:: '" -< ê § U:¡°ê 0]0 ;: u CIJ Q.I p::: c: .:2 u~ ~ Ë µ.:¡ § ¡j ~ ..... 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'" \C.... =00 . ~ M = = -,: Q OJ .. cz:: ~~ ~Q r/)c:: -< t5 (.¡...., 0.0 .- ~ 0.5 . 2 ~ s ~ S .5 U '.;j '"C: '.g (.¡...., e (\j '"C: 0......;32~ :=: en u.~ ,_ o o.o~ S '"C: '00] Q 0 8 -§~§~è &:j 0.. ~ µ.. Co ¡;: ~ '§ -- c ..t:)..::: .g :... ~ C ¡: §<g, ~~ c ~ M ~ § =~ ~ o.o~ =5< ==' µ.. :c~ CJ (\j ~~ u:¡ ~ ~ /;J) C':I ~ c o .- 00 en '§ o t- ~ /;J) C':I ~ ~ (1) (1) ...Q r:FJ ~ ~ ~ r:FJ r.n ~ ~ (1) 8 "'ON ~ ~ (1)- 8 ~ ~~ (1)= "'O~ o U ~ ~ (1) 8 ~ o ~ (1) > (1) Q "'0 ~ cd ~ o U z U M~ f-o u '" u ~~ q q .9 .9 - - ~~-g ro ;:¡ N] ~ (1) ~ ~ 23 § 23 0 o u U (1) ~ p::: c: o U .~ ~5 r:fJ. E Q § '" ¡:z:: s:: Q.I 0 do) '';:: - o:S U '§ '" -< a ~ U:¡°ê 0]0 ;: u CIJ Q.I 0::: c: .:2 u~ ~ E µ.:¡§ <.> '" ~ ...... '"C: :=: IJ) IJ) ~.§ o..c o IJ) ~~ z ~ ~ æ Eo-- ~ ~ æ Eo-- ~ 00 fI. c ...... _~ .... 0.£ ~ :S 00 '"C:'.;j .. = .£IJ)Q)== '"C:'"C:Q)= .- ';;) S ;::: ~ ~.A""'~~~ ...... ~Io<~_ o '"C: IJ) .... ... 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Q E;:: "'d (1) cd tI) ~ s .... .~ (1) "-' . ;> ¡.., >. = (1) ¡¡¡ J:¡ cd ¡.., cd = ...., ¡.., IJ.} ~ ~~acd CJ ] "'d ;., cd C "C .Q ro -= ~~"".:':: =,..¡::s:::> 'C I+-< .9 " - ~:;::..". --s:::Q CZJ~-- IJ.}- "'dQ - ro :> o I-< 0.. ª"' IJ.} 00 ¢: C XJ §-5c~.E!og .... 0 _ 00 .~ 0.0 '.;j ':> 0 00..0 5 .5 ro 0 ...... d ~ t¡:¡ I-; Q I-< C ~ ~. d IJ.} ;::¡ 1.+:1 A.. o.~ '"C: ,- '"C: '"C: .- ._ _ I-< 0.0 '"C: '"C: -g ~ ~ ~ ~] "g:§QIJ.}SrolJ.} ._ I g._ '"C: I-< ~§~Ö.~æ~ :=: o .- 00 00 ·S o M Q fI. ~ S .~ - .... = = =ç: ;: ~ ~~ 1JJ. !")=.... c::: .S = "-' ,..; "-' Q, "C = = e ;., . ~ ~ cd "':" e ;., "C = .... = = .S ~ ~ ,a "tQ~1JJ. ~,..;¡~ 1:: o I-< ~ IJ.} IJ.} I-< ~ ...... Q) Q.- ;.g~ ¡:.... . '"C:~ A.. æU >-< :=: =-. 0 ~. .~ ;-.- ~ s o '-0 o o N --- '-0 --- - '"C: C IJ.} 00 § dO,.....: IJ.} ~ ro ~ 2 ~ Q~3 00""-0 z S '§ :=: :::J 1::'"C: IJ.} t:: § Q) o § Q 0 o Q Z ~ ...... ro :> o I-< 0.. 0.. ro > .- 00 d ~ o Q o Z :=: ~ ~ o 0 IJ.} '.;j .- :=: ï3U~~.8 t¡:¡ 0 I-< ~ . ~ ...J gp.§ g ~oo :s! 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E o § '" ~ s:: Q.I 0 a) "'¡:: U·;: ~ -< ê ~ U:¡°ê 0]0 ;: u CIJ Q.I p::: c: .:2 U~ ~ ~ µ.:¡ E o (.) '" ~ ...... '"C: :=: I) IJ) ~.§ o..c o IJ) ~~ c o .- ..... Q IJ) u:¡ U o ,...:¡ M =: = QO = Q .... . - ....c .... ~æ ... ~ t:~ ~ rLJ :=: o .... 00 00 ·S o I Ó "'; '"C: '"C: '"" :=: :=: IJ) æ·.;j S Q I) S g: Š 0 . ?- Q ~ "in"t<~:> IJ) IJ) 0 0 ..oc......ö. 1J)~000.. .£jg§-< ........0 S 8 ¡f2 ::::'1-< ~ .- ¡::q .... U5 :::J ......'"C: §c- § IJ) ~ o § ~ Q 0 9- o Q '" Z ~ I) .£j:=: ~.s '~ .g ~ IJ) ~ :::: IJ) I-< ~ 00 5 ro.£j1J) :>~. S. §~~ 8~a~§ IJ) IJ) ·1 0.. ~ 0 t¡;.;¡ '.;j ~ IJ) 00 ~ o..<+-< Q '"C: ro ~ OOQ) 0-< 0 '~æ'~ 1J).8'"C:U'"9~§·~æ 00 rn IJ) ....:> '... ~ þj¡ c :=: Q I) 0 ~ I-< ;:j o:=: ~ d C 0 ~'.;j ~ S ¡:¡ . - t¡;.;¡ '2 ~ 0 ~.g ~ IJ) U ¡:¡ IJ) I-< IJ) 0 '"C: ~ Q 1::'"C: IJ):=:- § IJ) ~ o § 8 Q 0 §: o Q ro Z ~ > rn 1:: ~ o Q o Z '-= :=: ~ .g 00 ~ 00 ~ ·S ~o IJ) ~ oo§~gp QC) = IJ) c._·_ QO Q=o..o.o:>:;::~ .:;: >. cd ID ........ '; '= ...... ª' ~ E ~ c = :=: ¡:¡ . 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Sb I-< :=: .$ I-< IJ) g ~ .b 0.. ro .- 0 ilQ ~oo U ~ IJ) :=: :> .S;¡ ..... ..... 00 ro ~ IJ) o..t> IJ) I-< §~ ''¡::: § ~- ~ ~ ~ .... :;::~ ðð :.;;a u (1) ;3 00 ~ (1) ~ ~ M ~ ~ ~ ~ ~ (1) (1) ~ r:FJ ~ § ~ r:FJ r.n ~ ~ (1) ~ ~ (1) 8 ~ (1) "'0 o U ~ ~ (1) 8 ~ o ~ (1) > (1) Q "'0 ª ~ 0 u z U M ~ \0 0 0 !:::I \0 QO ~~ -- "CI - ¡., è' u . Q~ = ~ ~ u ~ = = r-<~U f-o ..c==..;¡~ O§~ '" U ~ .E u ~ z ~ ~ ~ .Q~u~ "":¡CI.:I ==¡;¡.~ a u- E--- ~~ = s::: .9 - t; ~ ....... s::: ~ ~ U 0 u (1) p::: s::: .9 - -g ro N"'d uß Ô§ UO u (1) p::: ~ 00 IJ) ...... .;; :=: ~ ~ o 0 Z U :9z o "8 ~ o U IJ) ~ o ...... 00 ;:j o .§ æ :=: ~ N ~ - ~ >. U II) = = N c: 15'"C: 0 IJ) C ca u .~ § IJ) ~5 :> o § 0 ¡..., r:fJ. E 0... Q § U 0 ê- 0 U IJ) '" Z I-< ~ s:: 00 ...... Q.I 0 c C1) '';:: IJ) ~ o:S § U .-::: '" -< ê 5 U:¡°ê 0 o~o U ;: u 0 r/J Q.I Z p::: c: .:2 u~ ~ Š µ.:¡ § OJ '" ~ 15 "E IJ) ~.§ o..c o IJ) ~~ :=:'"C: (.¡...., .8 á'3 o '"C: ~ I-< >. gf =.-=: § ï:: ._ (\j u...... (\j å)~rot)~ -êoo.os~~ ¡:¡ '.;j. IJ) I-< 5~¡~8 ~ 0 U .8 IJ) 0.0 (\j I-< 00 o Q) ...... ...... 00 U c¿:.2 IJ) 0.0> j~ ~ p.. c o ...... ...... U IJ) u:¡ u o ,...:¡ :=: o '{ã U t+:: .~ o = ~ ~ ~ M = == .... - CJ ~ rJJ. - (\j > o I-< 8: ~ 0.......... d £ 0 ~ "'d ß = ;::S Ô (1) ~ s::: .- s::: _ ..o(1) .d o£ (1)"'F1 ~(1)"'d23ro ;::¡ ~ c: "'d a t;::: -a .~ 1a § 5 ~ ß ¡q õ. IJ) - (1) ci> 0 "'d s::: .:> (1)....... '" =..J::: 0 .;; 0.. ;::S s::: u § Š a ~ ¡..., ro 23 '" <:'-Ï' 0 = 1J)~~¡o"""'(\j~s:::~~~8~~~~ ~-S:::(1)~rot1)~t1)-t;:::o..e~t1)8;::s Õ ~ 8 s ~.§ -B 11 2 .2 §.§ 0.. 8 ~ e.~ z (1) ~(1)..J:::~ ¡...,;::s ¡q- ....... Ol)e"'d=~ ~ gp B:::: ¡..., c.S cT..J::: E ~ ¡g..§ 0.. ~ ro'''' '"C: .~.... ~.:;: ~ 00 ~ >-. (1)...... 0 U) .::;:> '"0 a :> Q) <.¡:¡ ;> 0 ü Æ t( Sh·.¡:j·¡;< ::;s 0 (1) .;3 ~ ~..J::: ro ¡..., (1)·00 ~ IJ) ~ :g ..... ¡:¡ ... - 0... (1)", (1) '+-< ~,.., ... ~.... ("j :> 15 0.. 0 -- '" CI.:I ~.8 0 - 0 ""0'" .- ¡:: ~ ê Sõ~c.S s ...c:: :.d ¡:: o :;'j ~ 8 u .E ¡:: <1J _ 0 ~ '" ¡:: '"C: ~ æ '"C:_ 2 (\j .~ c E .,8 1J);..a ~ c o U = ~ ~ = =-- ~ ~ z "'.8 ~-oP..__ ;:I Q)..9 ;:I ¡:: t)~~.81) .s ::§ ~.<;:: ~ '" '" <1J ~ U gf ~ ... ;:: as '" = ;.- ::I't:I Q Q = '" .S ã §: ; a = = Q .s ;;;;¡ ~ = '" Q .,; >'-0 - æ ¡::-o 6 s::: u g '" ~ IJ) IJ) IJ) -B 2 ~.;; - z ~ ~ ~ 'š o...... ..0 U IJ) - I-< I-< ~ (\j (\j 0 ',~:3 00 <,.;::;, 0(0)::: I-< ...... ~ '"C: .5 ~ tj ~ ;:j~tj~a] ç ~ '~.8 0.0 ~ o "''' oo:=: (\ 00 5"'" IJ) >..- ~. -B~:=:o "IJ) ~Ooo (:>..0 N- (\j -< oo~ ....... IJ) '"C:...., ~ ~ æ 00 '"C: IJ) IJ) 1:: . ã §- ¡?J> ~ "E ..¡;.;iuC¡:¡'"C: 00 00 0.0 Q) '"C: c ..... .- I-< (\j 0.01J)00 ._ IJ) '[ oo.b ...., ~ 00 ~ t- ~ ~ ~ M =~ == .... - CJ ~ rJJ. ¡..; o >. IJ) (\j 1-<";:: o IJ) ..J::: > ~o (\j (:Q ...... >.§ -d .~ S >. (:Q §o..uç s.9§o S ~ ..;p.~ 01J)...........-6 u"E -< ~ == - fI. '" = '" == 8 a e ·æ o..eo= = ~ - = ;;.- == ¡., ~ c..~ c..~ = = "CI = =..c= ~ CJ a: a .... == ~ CJ ~ ¡., .S; ~ (1) (1) ...Q r:FJ ~ ~ r:FJ (/) 'E (1) 8 "'0 N ~ ~ (1) - ~ 8 >. ~ U II) (1) = = "'0 N 0 u 'E (1) 8 ~ 0 ~ (1) > (1) Q "'0 ª ~ 0 u z U M = \0 0 0 - t::! == ~~ ::e "CI Of:) U . ...... .. >.~. ~ Q~ U == ¡., = E-<¡:I.:¡u f-o ~==....:¡:c '" U -=eu~ O§-< ~ Z p... = ~,.QU ~ ~í./) ,Q~=a Us =~ E-c ~E-< s::: s::: .9 ,9 - "ó - ~ c<:I ro - "'0 c "'0 U s::: Ns::: (1) U(1) ~ § ~§ U U 0 Uo u u (1) (1) p::: p::: c: o U .~ ~] r:fJ.E Q§ ¡j ~ s:: Q.I 0 tU '';::: - o:S U .-::: '" -< ê § U:¡°ê 0]0 ;: u CIJ Q.I p:: c: .:2 U~ ~ ~ µ.:¡ E o u II) ~ ..... '"C: :=: () () ~.§ o..¡::: o () ~~ :=: o .- ..... Q (1) rJJ. U o ,...:¡ (.¡...., o ~ ] ~ fj (1)(»- .~ § § ~ ~ 0 I-< .-d en <8 0' ...... ¡:::: :a:.s~z¡]'OgŠ ¡::::.....,o¡::::......2SS :::I ...::::._ (1) '0 0 0 o Of) '0 0 .- U :::I '0._ 0;> ¡:::: () O 0 en '" o; (1) ..... 0 (1) v §.... ~b.O,..¡ .9 o.o() ().5 > ~ ¡::: 0 ..... 0 S 0.05 N 0 . '"C:...... ] æ ~ 13=g] -<c3o S .8 o () ~ 00 ;:j 00 ()- ..... (\j I-< :=: () 0 ~ .~ ;:I .~ :=:] S 0 ro Q U (\j t'- = ~ ~~ ~ = Z .S - ~ Q, í./) >.00 ~ () - .- .. I-< Q, () ~ 00 o ~ ~:=: .¡; fj Q - NU "C = == ..,:a Q Q ~ o 0\ '-' 00 () .- ..... .- ...... ,- Q ~ >. I-< () 00 ê I-< oo~ <B M ..... ¡::: 00 ~ .'"C:t¡:1 () ()"E..~I-< "E .;; ~ .5 <B 0.0.5 ~ ~ "E gp.S S õ'"C: 8'-fl æ ~ Z ~ bÍ) ~ ] .;; '"C: () 5 ¡:¡ () .~ .,.....¡ .~ Q) $.-.4 O~~~ ~ ~ ~..... (\j ¡:¡ r.E ~ P-. §<~ § .; g ~ "'0 00 Q, J3 S (1) (1) "8 '2 ¡¡¡ () S "'0 .~ 1a ro § 00 = o.oo"'oS::: ,~" (1)_ c:: U s::: (1) s:: (1) ~ - en en ~ ro S ~ I-< ~ ~ - en '" fI. ~.8"""'rooS:::..t::en~~~= Q (1) ¡g (1)':: ~:::t;:1 0... 8 ;:I = ~ ~.9 -B ~..o..a 1:: .§ 0.. -g a ..... ..t:: ~ I-< ;:I ~ - ro _ I:)J) g 'a ~ :;:¡ ~ t8 ar..t:: 1:: ~ ¡g..§ I-< == ;:I :> 0... '" .... :>-..2';::: 0 '" 0.. ~ er ;> 0 U ro ~ 5h'.¡:'~ .... e ~..t:: ro --¡:: Q,...-< ~ (1) ro-o.. (1)(1)"'t1)~ U)'S: a O~ ..t:: 0.. 0 ;;>.,....., ~ 0 ~ ~ .5 U':I .s ¡::::'O ¡:::(1)'Oo.. (1).........::::I:!:::t1)o"Ei-;:¡ S ~ .~ <8 .d ~ Q) 0 (1) Sen...::::¡::go>;9!; o (1) ~ 0 ¡;;, ...... ~.- .- ~Js g~tii(1)~U ~..... OOf)<1).... o; ¡:: ...:::: uò >.'0 ..... .... ¡:: o; :::1'0 83 en ~ () ()-£3 ~ .;; z e e O::::. o...g ..... - (\j 0.0'- (\j1-<~5'"C: e ~ ()' :=: Uo~:g8 o~ ~ ~ ~ 00 . .8 (1):=: 8.() ()2 ~>. 00 >. i::';::: ~ -::: (\j 0.0 () ~ ~ .Þ~ ~ () (\j 00 õ Z() ~ ~ ~ ê't-< ì:::'- I-< ;) ~'E(\j~N .a.....O'OQ u~ >.:> 00 0.0 , Q g.~ ~ ~ "E () 00 0 "o~:=:OOIJ)I-< ~S:::"""''"C::=:I''''\ ~ ..., .- ..... ..... ..... 0.0 (\j æ ..... 00 0 ~ ~ :>'¡:: t) .~:.E oo~ :=: _ S;:j .~ ......, 00 ;> t) .::::: .i;j Q ¡:::.- '"C: 12 '"0 :=:.::.:::;;;::: () () ,- ..... 00 I-< o.o~ ¡::: ..... :=: 0 :>,.,:::¡ Q :=: '"C: (1):.a ro ,- æ (\j .;:g ()..o 0 t-< 2iJ -9 oo~ ~ 0.. 00 S ,"" en (\j '"C: ~ ö......... ~ Of:) ~ ~~ == z ~I I t'- = ~ = Ñ =z Q .... .... ~ Q, 00 >.() I-< 2 ~.~ '§ u'"C:§ -.~~ == "6'b ~ ~"tZ ~;"CI"5:5 ~ .... ~ .. .~ ~~~O~ - == > = . .. fI. Q,~ ª"= "CI == =-= ~ CJ a~ a·... = ~ CJ ~ .. .- .S; ~ (1) (1) ~ r:FJ ~ ~ ~ r:FJ r.n ~ ~ (1) ~N ~ QJ (1)- 8 ~ ~~ (1)= "'O~ o U ~ ~ (1) 8 ~ o ,........( (1) > (1) Q "'0 ~ ~ ~ o Z M u u = f-o '" ~ u u ~ s::: s::: o 0 ".= ",p - ro-g ro :"""'0 N"'O U ß u ß Ô § ~ § u 0 u 0 u u (1) (1) ~ p::: c: o U .~ ~5 r:fJ. 8 Q § II) ~ s:: Q.I 0 tl) '';:: - '" U .-::: '" -< ê § U:¡°ê 0]0 ;: u CIJ Q.I p:: .~ U~ ~ ~ µ.:¡§ u II) ~ "E "E ~ ~.§ o..:=: o () ~~ ¡::: o .- ...... u () rJJ. U o ,...:¡ '"0 (.¡...., >. Û ~~ ~ 0 ~ ()'B = .- 00 () ~ 00'''-< ..... 00 > ..... ._ Q) ..s::: ~ 8 0 5 '"C: (1) "5 .~ '"C: 0 ():..... o.oS.,g;> .~ ö...d ð).S ~ ro d ~ .....:;:::=: ~ ",.9 () -5 5,- 0 s::: s::: ~ §'~·o.oê ~~ 8:5 .- 5 () 5 - s::: '-J ~S·......o..· ~o25 .- ():.õ oo.b OJ u 0 S _..0'- () I-< s::: U S 0 ~ 00 ()...-< 01-<8;:j'"O§&s U 0.. 0.. =- o _ I:'S I-< - ~ (]) 'E fI. = ~ê~Š8. S:::~Oa=- .9 ~ p:::.... I:'S ~ Cl) s::: = "CI t: ro·..-< === = o ~ro ~ o..'E'E:;;;J a ê Š .~ V) a ..... (1) "7 = f-< ¡q M CJ (1) ~ ~ ...... u §õ~.C)o ,-g ~ ~ 1::: Q --,'fjÖ -: ~ ~ ~ 1::: >.~ (1) a ...... Q.I ....:¡ tJ:) .- C) u C) .....- ...... .... § ~...... "~d rA -:::: 0 01) d '" .... ctì·~ ,.g...:::: Õ ¡:¡ v. 0.. eo d ::1""0 ~í: ~""$ 6.8 ~ a 8~8B 8 ~~R-5""--'O""OI)"=d'" tJ:)(]) o .....~ Z <S'fjÖ .... ...... Q., p::: .....- () ro_ () ........~r.E:;:: ..... 0 ,..-< zoo.oS o :::.S S ~ ~ 0 ~ '"C: u () 00 ;:j '"C: æ ...... ~ () :=: '"0 '"C: -< o 5 ro I-< t-<. ,9 (]) ~ . ~ () --..... ¡:¡ '"C: . ~ ~ðr.§~] e 0..... ~ ~ ,.,.., u '.;j ..... . () ~ 0 (\ ~ ?-> :=: I-< ...... ......-4 ~ ::::.,.....¡ <lJ t-c 5b 0 ~...c::.:::: () ()ö~~õ"E I-< ;:j U 0 u:¡ ~ ~ Z r- = ~ = M =z Q ~ :.J Q, 00. ...... >-. ~ . ê 15 .~ ~ CdtnooU~ 0""'" 0'1"""'1 ~ 0,) ~'"C:~~~~ ()§ ~~ö:9 $4 o 00 :=: 0 00 "Ee()ö¡'¡:¡ 8:::~~'"O .gt..=.öæ () - ~ ¡::: ro ö ~ ~ '8 È ~i~~~ - '" 0 0 0 c3.......ou ~ M ~ ~ ~ I:'S ~ \0 o o ~ \0 --- ...... ~ > ~ 0 0 () ..... I-< .- 00 0.. ~ ;:j ª" ~0'"O o·§ ;::: zæ() ~~§ 0"""8 () I-< - ro > o I-< 0.. ª" 00"'0 ~c~ ¡::: (1) ro o () § e Z§oo.. o g ê' up::: .~ 00 "5l-<ro~o.o () 0.0 .5 00 ~ () ...... 5 bh:.§ ro () ~.S § æ.S·:=: .5 Q) :!l g¡ ~ e 00 () 0 û VJ. ~ '" 0 '"C: 00 0 g¡ N 'C ~ 0 5'] ~ æ .§ ~ "E ~ .; o >. µ.... .~ - û .~ ...c: :t:: ~ 0 5 ~ ~ ê c3 'C "2 .~ 'S ~ ........æ ~ 1no~t:: ..... r.. 0.. .- u ~ ~ ...... 0 0.. 00 ~I-< () I-< :=: 0 ~ t:: 'C ¡.¡.:¡ u u:¡ '"C: ...... :=: ~.~ ro ~ .tJ ;::: (),~ OS'"C: . 0.0 ~ 00 ¡::: ..0 ~ ..... ro 00 :=: t-< ;:j ~ r-- I£¡ ~ ~ ~ == ~ =~ == .... . -"'1' CJ= ~ . rJJ.M ~ (1) (1) ...Q r./) ~ ~ ;:j r:FJ rJJ ~ ~ (1) S "'0 ~ (1) 8 ~ (1) "'0 o U ~ ~ (1) 8 ~ o ~ (1) ~ (1) Q "'0 ~ ro ~ 0 u z U M = \0 0 0 N --- \0 --- ...... f-o U '" U ~ = s::: o ...-< - ~.g u ß fJ § u 0 u (1) p::: (.¡...., 00 o r;ñ ~ 0"""'; ()8I-!cù......ror;ñ ~ :::: '"8 c:g U ~ 6 ~" .~ ~ u cd (\j r.S 0 ö. cr ~ ro .....5 0 OJ :=: 0.. cd """ () ..... '"C: ..... :=: .;: ro ~ ~ .- I-< oo·~ s...... U .....:~O>.a)~~...... Z.:~]~>;:J()~ '"C:OScd.....~..S;:; ...-< 0 ~ 00 (\j "E ~ S ...... o "":¡';:3 ~ ~ (\j I 8'~ erroOUN() e,...:¡j .....1-< s::: ,9 - -g ro N"d Uß ~§ Uo u Q, ~ N QJ - ~ >. U II) = = N c: o U .~ ~~ r:fJ.E Q§ ß ~ ......c: .....OJ)~ v..¡....¡. ~.- Q r::'" i3'§Z 0 "".;:i (1) .~ § s:::<':lu.....OJ) ~ 0: .- C) <':I >.- ¡:: 4::..c: .... OoQ)<':Is:::.....t1) u....Q)g8.s~ C) c. '"0" ._. ~ ê' ~.~ ~ . .... 1f s . QJ r;n e'Ó 0 ~ ~.8~~("t') =..:g,......¡Q)~ .Q;::I0>:5b o ~ ~ § <':I z....<':I..c. ~ ~ ¡:: Q.I 0 Q) ''¡:; U .E~ < § ~ U:¡°ê 0]0 ;: u CIJ Q.I p:: 00 :=:...... ~ ..:.:: 0 - .- o~Q~æ~.s15d~£ '¡;) ~ (\j .;::: ~ '0::' 0 ..... cd -E ..... 00......'"C:.......¡:¡~....~~;>:=: a ~ ¡::: :' ~ > .~ .~ cd ~ (\j 00 ;:30.0.....;;>CIJ)()o() ¡:::: :=: 0 cù (\j ~ .;:¡ ~ 00 00 S ~ 0..0 ~'-'_ ~ () ~ 0.0 Ë--, ~ æ () () ~~ S c: .:2 u~ ~~ µ.:¡§ u () ~ '"C:"E () ~ ~.§ o..:=: o () ~~ :=:..... o...c ._ 0.0 ..... .- (\j () .~~ .§ ~ -;~ ¡::: (\j .- () g 00 - ¡::: P-< 0 :E 0.0 = .- ~ =~ () IC == ...c ~ .... . - ~ r.;¡ - M - CJ= (\j ~ z ~ . ~ == rJJ.~ =-- (\j () (/) :=: o .- ..... U () u:¡ u o ,...:¡ ......... .. -- I ~ .. ~ ~ Ñ"CI = ~ ...;;: =~ = .... - CJ ~ rJJ. :=: o .- .- ~ I-< ~ .~ .~ '-' o - (\j ~ 0 6 () ..... I-< . ;; 00 0.. () ;:3 ª" ~0'"C: õ ,§ ¡::: z æ Q) ~8§ Q 8 () I-< "''"C: "S:=:~ ~ ~ 8 000.. ~ U ª" z e 5 ...... - () ..... . ro...... () o '"C: ~~ ~ t.S t:: ¡::: () () 0 0.0'- ¡q ] ~ ::.s § ~ U 0..:-:::: ~ 0 .5 ~ '"C: U - (1) S:::"'o Q, s::: ~ ~ "d u 0 o u Z ~ I-< '"C:¡::: <B æ .- 00 00 0.0..... ~..... ~ ¡::: cd :=:.;::¡ Q) tn~~S ._ U Q) ......-01-< 00 0...-.' ..-< .- Q.., ;:3 ~ (\j er cd () o I-< ..... =~ =~ ... . -M CJ= ~ . rJJ.~ ..... I :=: U Ü ê u:¡ ...-< ¡:¡ U .b ê'< ~ ã)Q)~ > .s t-< () C (/) 0...-< >< ..... :=: () S ~ ~ () (\j I-< ...... t-< å) - > .~ 0 U () 0.. (/) ~ IC ~ ~ == ~ ~ (1) (1) ...Q r:FJ ~ ê ~ r:FJ 00 ~ ~ (1) ~ ~ (1) 8 ~ (1) "'0 o U ~ ~ (1) 8 ~ o ~ (1) > (1) Q "'0 ~ cd ~ 0 u z U M = \0 0 0 ~ \0 --- ...... f-o U '" U ~ ~ s::: s::: .9 .9 - - ~~-g~ u ß 8 ß Õ § ~ § u 0 U 0 U U (1) (1) p::: p::: - (\j ~ 0 :; () ..... I-< '> 00 0.. ();:3 ~ ~0'"C: õ .9 :=: z æ Š '"C: :=: 8 i5~8 () I-< (.¡...., 00 o ;:3- o (\j S ~:;. ~ .- :=:.~ I-< :=: () ~ 0.0 æ 8::.9 .;; ,~'OO :=: (\j ~ ()'+-< ()'> Q ~ .¡:: '"C: >-' '"C: t¡:1 c\:I (.¡...., . ¡:::._ õuo~()æ Z'"O¡ß~Su '"C: () - 0 8...c: ...... 1;) 0'- 0 ..... o () I-< ~ g'- ;::j ~ I-< ~ g' 0 0 ~ ö...... N ~ - ~ >. U II) = = N c: o U .~ ~] r:fJ.E Q§ ~ .;< Zi'"C: ~~~ ê § 8 °00.. ~ Q ~ Z e "'0 s:::- (1) ro § 8 o 0.. Q ª" (1) I-< (1)-6 '" (1)"'Ou"2 ~ ¡i ...c:: s::: -:: s:::..o (1) ,.... - I-<.S::: (1) ~ Cd I.'" O,........¡ ........ 1--1 s:= ~ - "_ ...c:: 1;:; -B '.¡j ~ ~ ~ ~. S b ¡:; .- I-< Cl). ~ '" ;:I C! Cl). ;:: (1) .... 5:(1)s:::>s:::O"'¡;;¡ :::>~ ¡;;> -g...-< ~ ro (1) 2]"'O".¡j CI:) ;:I "'OUM<'¡:¡roro ¡.¡... s:: . t U () U ê'o.oSo=¡ ö..S '00 >. o.o'~ '> ..0 :=: ;:3.-...... ...-< er] ~ r.Þe;:jo .~ tJ');""¡ æ 0.. Û ~ OOO'"C:'"O~'=::..:!J ¡::: () ..... ¡::: c: ;:3.- 0 - () (\j ~ 'ü 00 (\j c\:I '"C: ;:3 - (\j.~ õ.. 00 :.::: e ~ 00';; ..0 () > 00 ..... 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U II) = = N § u .~ ~5 r:fJ.E Q§ ¡j ~ s:: Q.I 0 Q.I'- -<;j U :ê '" -< a § u:¡oê 0]0 = u CIJ Q.I p:: 0:: .:2 u:@ ~ ~ µ.:¡ E o ¡j ~ ..... '"C: :=: () () ~.§ o..:=: o () ~~ I ¡::: o ...-< ..... Q () rJJ. U 9 -g ~ ~ .;; 0 ' ~~~ o Õ .8 ö.. z...... 0.. '"C:--oro 5'"C: II.) ..... o > '"C: :=: ~ ~ '> 0 . ()~~ ~I-<> ..... 0 8 o ..... 0.. Z 9 ª' '"C:\O 5'"C: () ..... o > '"C: ...... ::::: t>O '"CÌ d . :=:~ o(1)s:::dt1)t1)O"'~ ()§ > ~ d ~ '(:) ..:: ~~ ~."ª ~.~ O.....O'"CÌ~'" .....N¡:¡..... ö..:Ë :~] ~'5 [/) ~ S * E o 0..~'"CÌ '" "'.......0.......0;>,11) Qro "ge",¡g1i5t>O,¡g",.=: e uCà¡:¡ '" Cà "0 = (1) .~ QJ...tIJ....... e.:: ª]~ e=u-~E! Q Q, (1) ~"'O..o Q, '" :.. ;>, tñ '"CÌ ;::I ~ ~ 0 o 'S ..... > Cà § "''''0 § ~§"'Oog (1) I-< @ s:::'~ 0021-<00 S:::ro(1)-d o :> s::: ¡;:¡ U ;.> (1) .- .;< 00 "E ~ ~ o Q 00 "E o () Z § o Q 00 ..... ¡::: ~ ~ o Q ~ 00 ~ (.¡...., 0 I-< :=: ~ S . ..... () - t¡:1 0.. '"C: . - S .£3 '....-1 r:n ~ ~ .- æ'"Ol-<æ - ~ ......¡:::<Bo.. 0 U ro t-< 00 - ~fI. I-< ¡::: = '"C: r--: == II.) 0 CJ ~ ~ Õ t-- = _.... ~ ~ =" ."ª ~~==a t- ~ =ue~a t-- ~ ~ ~ Q .... .....:r2 ~ .... I.() ~ CJ ~ -I.()CJ .. ~ ~ - rz¡ ~ t¡:1 ~ ~ ~ ; 'S ~ CJ = = fI. .. ~ .- z ~ .,¿ ~ "CI .... () æ rJJ."TrJJ.~C' ;;É == rJJ. =ø== ~ == - ~ . == C' .- ~ U ~ ~ ~~ ::;E ~ ~ (1) (1) ~ r:FJ ~ ~ ~ r:/) r:n ~ ~ (1) ~ ~ (1) 8 ~ (1) "'0 o U ~ ~ (1) 8 ~ o ~ (1) > (1) Q "'0 ~ ro ~ 0 u z U M = \0 0 0 N --- ~ ...... f-o U '" U ~ = s::: s::: .9 .9 - - - ro .", ro ~"d ~"'O U ß u ß ~ § ~ § U 0 U 0 u u (1) (1) p::: p::: '"C: ¡::: .§ ~ > 0 () u ~ e ...... 0 0..... Zo I '"0\0 Õ'"C: Q) ..... o > --' (\j > o I-< 0.. g. N ~ - ~ >. U II) = = M c: o U .~ ~] r:fJ.E Q§ II) ~ ...... '" ~ .S '" --d ......"'O(1)~ ...... s::: ;:s ....- <g(/)'O Zl·~ ~ ;:s I-< o "'0 s::: , "'O;:s (1) ~ B~.8Sð o ...-< S I-< >§~oo.. S ~ §- s:: Q) 0 tU ''¡:: - Cd U .-::: '" -< ê § rJJ. 0 ê 0]0 ;: u CIJ Q.I p:: 00 "E i ~ o u .§ U~ ~~ µ':¡g tJ ~ ~ .9 ..¿ :g ~ Q) "'Õ (1)dt1):;: 0] -:3]..0.£ .;!:i ..... "',.g -.:t ..... 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Q).~ 3~Q),"- = ro..!:i I-< ~~E.8 ..o~ 00 ..... ¡::: i ~ o u ~"'Og ~ ¡::§"dOS::: ~ ct) @ S:::'~ s:::~ct).8g o :> s::: ¡:; U ;> Q) .- .- .;:C 00 "E 0 () Z § 0 u '"- 0 I-< () <B 00 (.¡...., ;:3 B () 00 -5 :=: u ~ ...... ...... ..... .- () - S ..s:::: .- ..... - ~ 0 t-< 00 r..: ~fI. I-< =- () = u - .... = ~ QO == c..~ QO = .. == a ~ .... I("¡ ~ .... CJ ~ u:¡ ~ CJ = = fI. .. ~ ~ . ~ "CI .... Q) rJJ. ~e,:, = = ~ == == C' ~ ~ ..,;¡ ~ ~ ~ (1) (1) ...Q r:FJ ~ ~ ~ r:FJ r.n ~ ~ (1) ~ ~ (1) 8 ~ (1) "'0 o U ~ ~ (1) 8 ~ o ~ (1) > (1) Q "'0 ª ~ o U z U M= f-o u '" u ~= s::: s::: .9 .9 - - ~~ ~~ u ß u ß ~ § ~ § u 0 U 0 u u (1) (1) p::: p::: N QJ - ~ >. U II) = = N c: o U .~ ~5 r:fJ. E Q § <) ~ s:: Q.I 0 a,,) 0.c: - o:S U .-::: '" -< ê 5 U:¡°ê 0]0 ;: u CIJ Q.I p:: c: .:2 U~ ~~ µ.:¡ E o U Q.I ~ ..... '"C: :=: () () ~.§ o..¡::: o () ~~ 1-<- ..... 0 8 o ...... 0.. Zoo.. 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E Q § ~ s:: Q.I 0 (J ".0 - o:S U .-::: '" -< ê § U:¡°ê 0]0 ;: u CIJ Q.I p:: c: .:2 u~ ~Ë ~§ u II) ~ "E '"C: () ~.§ o..:=: £~ :=: o ,- ...... u () (/:) u o ,...:¡ ~ ~ z fI. fI. _. = = ,... = - = .... - 0_ ~ QO 'a ~~t::: oo~~ ~ ~~ -g ~~ ~:>";.()'"C:ooo ~ ;> ~, § () - ¡::: 00 C':S0~ '"C:~o() ..... '"0 .- "g m'¡¡:; U 00 00 "E 0 ~ .- 'E å):=:()~.;3.....> o 00 I-< ...-< C':S 0 ~ ¢: ,_ 00 :> ~ I-< ~, ro.~ IJ) 0 ;> ..... 0......... .........- (\j ~ ..... () 0 C':S ¡::: o.o.~ ut¡:1æ >05- ro () '"' \0, ...... ¡::: ..O'"C:........ O.....t() "" .... Q) '"C: ö. ¡e () ~ E' ~ .;3 2 0.. 0.0 ~ () .......... 0 (\j 0.0._ I-< Õ > ;::j..... o=¡ 0.0 00 (\j 00 .....'"C: ¡::: :=: ~ () o ê U 0 U o () Z I-< - ro > o I-< 0.. ª' 00 "E Z ~ o U - o ¡::: 0 ",- 0:1-0 ~ (1) u":':: <r: g¡ ~ (1) -0 (¡j ¡..~¡::~..:.:: s::: 0 '" 0 0..:0:10 S (1) .......... S~15.s o ~ S ~ u 0 (1) .s ..c: S '" o .S ~ '" ...... co . 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(.¡...., ..... d..9 8'---d o :=: ro Q 8 () ê·~ :=: "'8 () ...... :=: ¡:¡ - 0 I-< 00 .9 ~ §:'.;j :e a st .-:= ..-4 ro'p t \wi '"C:;::'>.()(!).8() '"C:,-,(.¡...o..Q()1-< -< ~'.;j ~ >. I-< 8u..o \C ~ M ~ ~ == ~ ¡::: o .- ...... ro Q t¡:1 .~ û () :=: I-< 0 ;:3 .- oo~ o Q ût¡:1 ~ '.;j uz !Xi ~ M ~ == ~ c= =~ .... !Xi ~~ ~= oo~ ._..-~,_._'.~--- LDC Amendment Reauest ORIGIN: Transportation Department AUTHOR: Patrick Q, White DEPARTMENT: County Attorney's Department AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDCl:5-6 LDC SECTION(S): 1.04.04 LDC SUPPLEMENT #: Supplement 1 CHANGE: To expand the scope of existing regulations for legally nonconforming properties created through acquisition of property for public use through dedication, condemnation and the like, REASON: When the County acquires portions of a lot or parcel for public use, usually for rights of way, the owner argues that the County must then pay additional money for the costs of bringing that property into compliance with the Land Development Code. FISCAL & OPERATIONAL IMP ACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: Created on October 13,2005 by P. White Amend the LDC as follows: 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other, structure, or use, except where specific provision is made in this LDC. B. Minimum standards: non-conformities created by public acquisition. 1 Text underlined is new text to be added Text stril(ethrougn is £urreRt text to be deleted I. All lots or yards created after the effective date of this Code must comply with the requirements then established by this Code. 2. No lot, even though it may consist of one or more abutting lots of record, or yard, existing at the effective date of this Code or lawfully existing on the effective date of applicable amendments to this Code shall thereafter be reduced in its degree of compliance, including its size, dimension, or area, below the minimum requirements then set forth in this code, except by reason of a portion thereof being acquired for public use in any manner, including dedication, condemnation, purchase, and the like. a, Yards, lot area, lot coverage, and lot dimensions rendered non-conforming or more legally non-conforming in this manner, may be reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase, or similar method of acquisition for public use, but shall not result in a front yard of less than ten 00') feet in depth, Accordingly, the resulting degree of non-conformity of a lot or yard with this Code's then current requirements will be deemed lawfully conforming unless or until the remaining lot or yard is recreated, typically by re-plat or lot re-combination, at which time such lots or yards must comply with the requirements then established by this Code. b. All other non-conformities, including those rendered more legally nonconforming resulting from acquisition for public use and which pertain to this Code's or other county code requirements, such as, but not limited to, storm-water management, landscaping or buffers, preserves, on- or off-site parking, architectural design standards, or height, etc., will be deemed lawfully conforming, and all such resulting non-conformities may be allowed to remain so non-conforming, unless or until the remaining lot or yard is subsequently re- created or re-developed, at which time such lots or yards and development must comply with the then existing requirements of this Code. c, In those circumstances where acquisition for public use of a portion of a lot or yard would result in one or more non-conformities that would require approval of a development order or permit in order to implement the terms of the acquisition, i.e., in order to cure or remedy the effect of an acquisition, (e.g., an SDP or building permit required to relocate a prior existing building), the county manager, or designee, is authorized to approve such development order or permit so long as any prior existing non-conformity of the type set forth in b. above would not be increased. C. Other than provided for immediately above, required off-street parking shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements ofthis LDC. 2 Text underlined is new text to be added Text strikethrough is EuneRt text to be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Cormac Giblin, Housing and Grants Manager DEP ARTMENT: Operational Support and Housing AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC SECTION: 1.08.02 - Definitions LDC SUPPLEMENT #: CHANGE: Increase the limits of Affordable-Workforce Housing up to 150% of median income. REASON: BCC Direction to address housing afford ability for higher incomes than traditionally assisted. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was created on December 14, 2005 (date) at 2:18pm (time) Amend the LDC as follows: 1.08.02 Definitions Housing, affordable-workforce: means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adjusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following subsets: Rental workforce housing less than 50 percent of median income otherwise considered to be "very-low income". Rental workforce housing less than 51 percent--60 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing: 50 percent or less of median income, otherwise considered to be "very-low income". Owner occupied workforce housing: 51 percent--60 percent of median income, otherwise considered to be "low income", Owner occupied workforce housing: 61 percent--80 percent of median income, otherwise considered to be "low income". 3 Text underlined is new text to be added Text strikethrough is current text to be deleted Owner occupied workforce housing: 81 percent--l 00 percent of median income, otherwise considered to be "moderate income", Owner occu ied workforce housin ercent--150 ercent of median income otherwise considered to be "moderate income". The term affordable housing is specifically intended to include affordable-workforce housing. The term "affordable-workforce housing: 10 1 percent--150 percent of median income" is specifically intended to include similar categories, such as "Gap Housing", "Essential Personnel Housing", and "Reasonably Priced Housing". 4 Text underlined is new text to be added Text stril.ethrough is current text to be deleted LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Cormac Giblin, Housing and Grants Manager DEP ARTMENT: Operational Support and Housing AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC SECTION: 2.06.03 - AHDB Rating System LDC SUPPLEMENT #: CHANGE: Provide the opportunity for a density bonus for Affordable-Workforce Housing up to 150% of median income. REASON: BCC Direction to address housing affordability for higher incomes than traditionally assisted. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was created on January 6, 2006 (date) at 9:40am (time) Amend the LDC as follows: Section 2.06.03 AHDB Rating System Table A. Affordable-Workforce Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) 5 Text underlined Is new text to be added Text strikethrsygh is 6yrreRt text ts be deleted TABLE INSET: Percent of Development Designated as Affordable-Workforce Housing 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 150% 1 2 -ª 1- § § § § § n/a MI* ** 80% MI* Income Level +2 ~-ª ð1- 4§ ã§ ªZ 7ª 8 8 8 60% MI ~3 ð4 4§ ã§ ª7 78 8 8 8 8 50% MI ð1- 4§ ã§ ªZ 7ª 8 8 8 8 8 *Owner-occupied only **Mav onlv be used in conjunction with at least 10% at or below 80%MI Total Allowable Density = Base Density + Affordable-Workforce Housing Density Bonus In no event shall the maximum gross density allowed exceed 16 units per acre 6 Text underlined is new text to be added Text &trikethrsugh is GUrr-eRt text ts Be deleted LDC Amendment ReQuest ORIGIN: CDES AUTHOR: C, Fabacher DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDCl:20 LDC SECTION: 1.08.02 Definitions LDC SUPPLEMENT #: Supplement 1 CHANGE: Supplement definition of Floor Area Ration (FAR) to exclude parking areas within the building from calculation of FAR. REASON: This exclusion was part of the LDC prior to re-codification; however, the exclusion of interior building parking area from calculation of FAR was omitted during the re- codification process, FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Existing definition of FAR GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: June 6, 2005 - initial Amend the LDC as follows: Floor area ratio (FAR): A means of measurement of the intensity of building development on the site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing that figure by the gross a land area, See Figure 5, The gross floor area of a building clearly designed for a parking facility shall not be included in the floor area ratio calculation, 7 Text underlined is new text to be added Text strikethrough is current text t8 be deleted LDC Amendment Request ORIGIN: CDES AUTHOR: Catherine Fabacher, Principal Planner, LDC Patrick G, White, Asst. County Attorney DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDCl :29 LDC SECTION: 1.08,02. Definitions LDC PROPOSED SUPPLEMENT #: Supplement 2 CHANGE: Relocation and modification of definition for "yard, front," and adding definitions for "lot depth," "lot width," "yard, rear," "yard, side," and "yard, waterfront" as those definitions were left out of the recodified version of the LDC. REASON: Section 4,01.03 Lot Dimension and Measurement Standards is established to remove the description of how you measure lot dimensions and required yards from the definitions. Assures consistency in the application of routinely used terms by staff, applicants, and the public. FISCAL & OPERA TIONAL IMPACTS: None as to staff operations or applicants' obligations to comply with these provisions as they represent current practice, RELATED CODES OR REGULATIONS: Section 4,02,03 A. - Table 4; Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version created on June 15, 2005, updated November 17,2005, at 5:37 AM.; updated on December 10,2005 at 11:37 AM; updated on December 27,2005 at 12:36 p.m. Amended December 30,2005. Amend the LDC as follows: Section 1.08.02 Definitions: Yard water ront: The re uired 0 en s ace extendin alon the entire width of a waterfront lot i.e., those platted lots, tracts, or parcels of property abutting the Gulf of Mexico, bays, bayous, navi able streams as well as on artificial canals lakes or im ounded reservoirs. For the u oses 8 Text underlined is new text to be added Text strikethraugh is {'urreR! text ta be deleted of this Code, the minimum waterfront yard and corresponding setbacks for any principal or accessory structures adiacent to the water are set forth shall be the same as the setback specified for the side or rear yard, as the case may be, in the particular zoning district. However, these setbacks shall ne'¡er be less than 10 feet for œw structure, unless specifically provided for in section 4.02.03 A. - Table 4 Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots. 9 Text underlined is new text to be added Text stril.etkroagk is tarrent text to be deleted Deliberately left blank. 10 Text underlined is new text to be added Text strihetkrougk is eurrent text to be deleted LDC Amendment ReQuest ORIGIN: County Attorney's Office AUTHOR: Catherine Fabacher, Principal Planner, LDC Patrick G, White, Asst. County Attorney DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC4:3 LDC SECTION: 4,01.03, Lot Dimension Measurement Standards LDC PROPOSED SUPPLEMENT #: Supplement 3 CHANGE: Incorporates as operative provisions long-standing specific standards for measuring lines (distances) and lot dimensions which have been found in earlier definitions or in staff s administrative guidelines, REASON: Assures all applicants, staff, and the public are aware of standards to be applied for measuring lines (distances) and lot dimensions for yards, setbacks, etc. FISCAL & OPERATIONAL IMPACTS: None as to staff operations or applicants' obligations to comply with these provisions as they represent current practice, RELATED CODES OR REGULATIONS: Sec, 2,03.01.; & Code of Laws & Ordinances GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version created on November 8, 2005, updated November 17, 2005, at 11:37 AM" December 10, 2005 at 10:37 AM and December 27, 2005 at 1 :33 p.m, Amend the LDC as follows: 4.01.03 Lot & Dimension Measurement Standards. A. Any zoning district's minimum required lot area will be determined by measuring and calculating the entire area within the property's perimeter boundary. and may include all or a portion of abutting rie:hts-of-way or easements where otherwise expressly allowed by this Code or applicable law. 11 Text underlined is new text to be added Text strillethrough is current text to be deleted Deliberately left blank. 12 Text underlined is new text to be added Text stril¡ethrsugh is eurrent text ts !ole deleted Deliberately left blank. 13 Text underlined is new text to be added Text strikethrough is curreRt text to be deleted LDC Amendment Request ORIGIN: Zoning & Land Development Review AUTHOR: Carolina Valera DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC LDC SECTION: Section 1.08.02 and 2.04.03 LDC SUPPLEMENT #: Supplement 1 CHANGE: Amending the conditional uses in the Rural Agricultural District "A" to add Sporting and Recreational Camps (SIC 7032) that was omitted (LDC Section 2.2.2.3,20) during re-codification, REASON: Prior to re-codification, the LDC allowed Sporting and Recreational Camps (LDC Section 2.2.2,3.20) as a conditional use in the Rural Agricultural District A, FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Table of Conditional and Accessory Uses in Base Zoning Districts in 2.04,03 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: July 20, 2005 Amend the LDC as follows: 1.08.02 Definitions Sporting and recreational camvs: A facility, public or private, which may offer permanent or temporary shelters such as cabins or tents and is primarily engaged in providing camping, sporting or other recreational activities, Examples of sporting and recreational camps shall include boys' and girls' camps, hunting camps, fishing camps, or summer camps, 2.04.03 Table of Land Uses in Each Zoning District Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses 14 Text underlined is new text to be added Text strikethraugh is £urreRt text ta he deleted 2.04.03 Table 2. Land Uses that May be Allowable in each Zoning District as Accessory Uses or Conditional Uses, C=conditional use I A =accessory use {j -. '"" ....... ",. Lr) ACCESSORY c U ~ '-t:¡ ¡{. k, ¡{. k, k, AND 0 í,) ~ ¡;¿ ~ ~ ~ 0 CONDITIONAL (;:j USES Soup kitchens Sporting and recreational 7032 ç camps Sports instructional C camps or schools Staged entertainment facility Stone, clay, 3211, glass and 3229, concrete 3241, products 3274 3291- 3299 Swimming pools - public Storage, enclosed 15 Text underlined is new text to be added Text strih:ethrollgh is eurrent text to be deleted -.......-_,_"'_,..~~~.. _ .._ ,..N'.________OU_ LDC Amendment Request ORIGIN: Z&LDR Staff Request AUTHOR: CAF & RG DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDCI:25 LDC SECTION: Section 1.08.02 LDC SUPPLEMENT #: Supplement I CHANGE: Not carried over from old code. Re-inserted in original form. REASON: Omitted during Re-codification, FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTESNERSION DATE: Amend the LDC as follows: Section 1.08.02 Definitions: Restaurant. drive-through: A fast food facility with one or more drive-through lanes where food is ordered through a speaker phone and a menu board located in the drive-through lane. This type of facility has no indoor seating or food ordering but may have walk-up windows and/or outdoor seating. Restaurant ast ood: An establishment where food is re ared and served to the customers in an ready to consume state for consumption either within the restaurant building, outside the building but on the same premises, or off the premises and having any combination of two or more of the following characteristics: 16 Text underlined is new text to be added Text stril.ethreugh is eurrent text ta be deleted a, A limited menu. usually posted on a sign rather than printed on individual sheets or booklets~ b, Self-service rather than table service by restaurant employees; c. Disposable containers and utensils~ d. A kitchen area in excess of 50% of the total floor area~ or e, A cafeteria or delicatessen shall not be deemed a fast food restaurant for the purposes of this Land Development Code. Restaurant. sit-down: A restaurant where food is ordered from a menu normally while seated at a table. and where table service is provided, Cafeterias are deemed sit-down restaurants for the purposes of this Land Development Code, Restaurant. walk-up: A fast food facility with one or more walk-up windows, This type of facility has no indoor eating or drive-through windows. but may have outdoor seating, 17 Text underlined is new text to be added Text strikethrough is £urreRt text to be deleted LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: D. Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDCl:26-29 LDC SECTION: 1.08.02 LDC SUPPLEMENT #: Supplement 2 CHANGE: Inserting sign definitions into Definition Section, REASON: Left out during re-codification and are still very much needed in the regulation of slgnage. FISCAL & OPERATIONAL IMPACTS: Lessen staff time, when reviewers do not have to explain what is and is not meant by a certain type of sign, then can point to definition in the Code. RELATED CODES OR REGULATIONS: 5.06.00 Sign Requirements GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: August 9, 2005 Amend the LDC as follows: Section 1.08.02 Definitions Sign, abandoned: Any sign or sign structure expressly installed for the purpose of affixing a sign which bears no sign or copy for 90 consecutive days or more; or for a period of 90 consecutive days or more, displays information which incorrectly identifies the business, owner, lessor, or principal activity conducted on the site; or which through lack of maintenance, becomes illegible or nearly so; or is in a state of disrepair. Signs displaving an "available for lease" or similar message or partially obliterated faces which do not identify a particular product, service, or facility, shall be deemed abandoned. (See section 5,06.00.) 18 Text underlined is new text to be added Text stril¡ethrollgh is £Ilrrent text to be deleted Sign, activated: Any sign which contains or uses for illumination any light, lighting device, or light which change color, flash, or alternate~ or change appearance of said sign or any part thereof automatically~ any sign which contains moving parts as part of its normal operation, such as rotating signs, shall be considered an activated sign, (See section 5,06.00,) Sign, advertising: A sign directing attention to a business, commodity, service, or entertainment conducted, sold or offered, either on-premises or off-premises, (See section 5.06,00.) Sign, alterations: Any substantial improvement to a sign, but shall not include routine maintenance, painting or change of coPy of an existing sign, (See section 5.06,00.) Sign, animated: Any sign which included action, motion, or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. (See section 5,06.00,) Sign, area: The area of a sign is the entire area within the periphery of a regular geometric form or combination of regular geometric forms comprising all of the display area of the sign and including all the elements of the matter displayed, The sign area shall include the aggregate sign area upon which the copy is placed and all parts of the sign structure that bear advertising matter or are constructed in such a manner as to draw attention to the matter advertised. Signs consisting of detached letters shall also be measured as defined above. (See section 5,06.00.) Sign, awning (aka canopy siJ!n or marquee sign): A sign suspended from or forming part of a shelter supported partially or entirely for the exterior wall of a building or structure. (See section 5.06.00.) Sign. banner: A temporary sign such as used to announce open houses, grand openmgs or special announcements. (See section 5,06,00,) Sif!n, billboard: Any sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located, (See section 5,06,00.) Sign, bulk permit: A permit issued for any number of political signs. (See section 5.06.00.) Sign, bulletin board: A board for posting notices such as those found at a school, church or other civic organization. (See section 5,06.00.) Sign. canopy: (See Awning, sign.) Sign, changeable cOVy: Any permanently enframed sign illuminated or not which is principally devoted to and designed for changeable text and graphics, including electronically controlled public service, time, temperature, and date signs, message centers, or reader boards. (See section 5.06.00.) 19 Text underlined is new text to be added Text strikethrough is current text to be deleted ~--_.,."-,--~..--.~.,..._..._,,,._._,--~.._,.- Sign, Construction sign: A sign erected at a building site that displays the name of the project and identifies the owner, architect. engineer, general contractor. financial institutions and other firms involved with the design or construction of the proiect. Sign, CODY: The letters, text. or other graphics which compose the message displayed upon the sign surface area. (See section 5,06,00,) Sign, directional: An on-premises sign giving direction, instructions, or facility information such as parking or entrance or exit signs, and which may contain the name, logo, service or activity of an establishment. (See section 5.06.00.) Sign. directory: An on-premises sign of permanent character indicating the name of five or more independent businesses associated with. or events conducted upon, or products or services offered upon the premises upon which the sign is maintained. This sign may be a freestanding (pole, monument or ground), awning, or wall sign as otherwise permitted by this code, Such signs may have changeable copy, (See section 5,06,00.) Sign, double-faced: A sign having two display surfaces, displaying the same coPY on both faces, which are parallel and back-to-back and not more than 24 inches apart, Double-faced signs shall be measured by only one side if both sides are advertising the same business, commodity, or service. (See section 5.06.00,) Sign, electric: Any sign containing electric wiring, but not including signs illuminated by exterior light sources, such as floodlights. (See section 5.06.00.) Sign. entrance or gate (a/k/a subdivision sÍ5m): Any community entry sign which is designed to identify a subdivision or neighborhood, including but not limited to industrial and commercial parks, multifamily projects, and single-family residential development. (See section 5.06.00.) Si n ace: The area dis la placed. (See section 5.06.00.) IS Sž:¿n, freestandinf!: (See Pole sif!n.) (See section 5.06.00.) Sif!n, ground (aka monument sif!n): A sign, eight (8) ft. III height or lower which is independent of support from any building, that is mounted on freestanding poles or other supports, and shall include a pole cover that is between fifty (50) percent and one hundred (00) percent of the overall sign width. 20 Text underlined is new text to be added Text stril.ethraugh is current text ta be deleted Sign, Holidav decoration: An ornate embellishment placed specifically for the purpose of celebrating a specific holiday. holiday event or holiday season, Sign, identification: A sign which contains no advertising but is limited to the name. address. and number of a building. institution. or person and the activity carried on in the building. institution. or the occupation ofthe person. (See section 5,06.00.) Sign, illuminated: An illuminated sign is on which either: (a) provides artificial light through exposed bulbs. lamps. or luminous tubes on the sign surface: (b) emits light through transparent or translucent material from a source within the sign: or (c) reflects light from a source intentionally directed upon it. (See section 5,06,00.) Sign, inflatable: Any obiect made of plastic. vinyL or other similar material that. when inflated with gas or air. represents. advertises. or otherwise draws attention to a products. service. or activity. (See section 5.06.00.) Sign. mansard: Any sign which is attached to a mansard-style roof with the face parallel to the structure to which it is attached and which does not project more than 18 inches from such structure, or above the roofline. Mansard signs shall be considered wall signs. (See section 5,06.00.) Sign. marquee: (See Awnin£ sign.) (See section 5.06,00.) Sign, monument: A detached sign typically containing design elements such as a base columns. borders, toppers or caps, and a sign cabinet occupying at least two-thirds of the total sign area. (See £round si£n) Sign. nonconformin£: Any sign or advertising structure lawfully in existence with Collier County on the effective date of this Code, which by its height. area, location. use or structural support does not conform to the requirements of this Code, This definition shall not be construed to include signs specifically prohibited by this Code. (See section 5.06.00,) Sign, off-wemises: (See Billboard.) (See section 5.06.00.) Sign. on-premises: A sign containing copy relating only to the principal legally licensed business, proiect, service or activity conducted or sold on the same premises as that on which the sign is 10cated.(See section 5.06.00.) Sign. outdoor advertising: (See Billboard.) (Sees 5.06.00,) Sign, Pennant: A piece of fabric or material which tapers to a point or swallow taiL which is attached to a string or wire. either singularly or in series, Si£n, permanent: A sign which is affixed to a building or the ground in such a manner as to be immobile(See section 5.06.00.) Si£n. vole: A sign. eight (8) or more ft, in height which is independent of support from any building, that is mounted on freestanding poles or other supports, and shall include a pole cover 21 Text underlined is new text to be added Text stril,ethrough is eurreRt text to Be deleted ".."",._"_.._..._",.~-,,--^, that is between fift section 5.06.00,) Si n olitical: An si n which states the name and/or icture of an individual seekin", election, or appointment. to a public office, or pertaining to a forthcoming public election, or referendum pertaining to or advocating political views or policies. (See section 5.06,00.) Si n ortable: An si n which is desi ned to be trans orted includin b trailer or on its own wheels, even though the wheels of such signs may be removed and the remaining chassis or su ort constructed without wheels is converted to an A or T frame si n or attached tem oraril or ermanentl to the round since this characteristic is based on the desi n of such si ~n, It is characteristic of such a portable sign that the space provided for advertising matter consists of a changeable copy sign, (See section 5.06,00,) Si n ro 'ectin : An si n which is attached to and which ro' ects more than 18 inches from the outside wall of any building or structure, excluding wall, marquee, and canopy signs, (See section 5.06,00.) Si n Si n real estate: A si n which advertises the sale lease rental or develo ment of the property upon which it is located. (See section 5,06.00.) Si n residential identi lcation: A si n intended to identi a residential subdivision or other development. (See section 5.06.00.) Si n roo: An si n erected constructed or maintained either on the roof or more than 18 inches above the roof of any building, (See section 5.06.00.) Si n sni e: A si n made of an material and attached to a utili stick, mailbox, or any similar obiect. (See section 5,06.00.) ole tree fence ost stake ose: Directional safet and other si ns of a noncommercial nature, See 22 Text underlined is new text to be added Text strilletllraugll is turrent text ta be deleted Sign structure: Any structure which supports or is capable of supporting any sign. Said definition shall not include a building to which a sign is attached. (See section 5.06.00.) Sign, temporarv: A sign intended to advertise community or civic projects, construction proiects, or other special events on a temporary basis, for a designated period of time, (See section 5.06.00,)Sign. V-vie: A sign describing a farm where the customer picks or purchases the produce directly from the premises on which they are grown or produced. (See section 5.06,00.) Sign. V-shaped: Two single-face freestanding signs that are constructed in the form of a "V" when viewed from above, provided the internal angle at the apex is not more than 90 degrees, and the two faces are not separated by more than six inches at the apex and displaying the same coPy on both faces. (See section 5.06,00,) Sign. vehicle: Any sign affixed to a vehicle other than a license plate, or other identification required for access to restricted parking areas, a registered logo, trademark, or service mark. (See section 5.06.00.) Sign, wall. fascia or paravet: A sign affixed in a manner to any exterior wall of a building or structure, and which is parallel to and projects not more than 18 inches form the building or structure wall, and which does not extend more than 18 inches above the roof line of the main building or from the point wheée the roof line intersects the parapet wall on which the sign is located, whichever is more restrictive. (See section 5.06,00.) Sign. wind: Any sign or display including, but not limited to, flags, balloons, banners, streamers, and rotating devices, fastened in such a manner to move upon being subiect to pressure by wind or breeze, but shall not include official flags, emblems, insignia, or pennants of any religious, educational. national. state, or political subdivision. (See section 5,06.00.) Sign, window: A window sign which is painted on, attached to, or visible through a window, excluding displays of merchandise, and shall not exceed 25 percent of the total window area in the same vertical plane at the same floor level on the side of the building or unit upon which the signs are displayed, (See section 5.06.00.) 23 Text underlined is new text to be added Text strikethrough is current text to be deleted LDC Amendment ReQuest ORIGIN: Environmental Services Department, Conservation Collier Program AUTHOR: Alexandra J, Sulecki DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC1:l6 and LDC2:5-LDC2:7 LDC SECTION: 1.08.02 and 2.01.03 LDC SUPPLEMENT #: Supplement 2 CHANGE: Conservation Collier lands are added specifically as an essential service, as they are government acquired and developed facilities for the welfare of the public. Conservation Collier sites with minor improvements (i,e" a pervious parking lot with 20 or less spaces, public restrooms of less than 500 square feet, a pervious walking trail and one ground sign) are added to essential services permitted by right in all zoning districts. Conservation Collier lands with major improvements (e.g" nature center, public restrooms, equestrian paths, hikinglbiking trails and off site directional drilling for oil and gas extraction) are added to essential services as a conditional use in all zoning districts, REASON: To facilitate the development of government facilities for the preservation, conservation and limited nondestructive public access to natural resource habitat and native plant communities and animal species. FISCAL & OPERATIONAL IMPACTS: This amendment will shorten the process of providing public access to Conservation Collier lands by allowing such uses and minimal improvements as are necessary and appropriate in all zoning districts. RELATED CODES OR REGULATIONS: Section 2.01.030rdinance 2002-63. GROWTH MANAGEMENT PLAN IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 ( e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Accessibility and appropriate use of conservation and open space lands by citizens is consistent with and supports Goal 1, Objective 1.3 and Policy 1.3.1 of the Recreation and Open Space Element. OTHER NOTES/VERSION DATE: May 16,2005 CAF; June 14,2005 CCLB; June 16,2005 CCLB; June 22,2005 DW; Sept. 13,2005 BM; Sept. 9,2005 CCPC; Sept. 29, 2005 PGW, 24 Text underlined is new text to be added Text stril¡ethr9Hgh is eHrrent text ta he deleted Amend the LDC as follows: 1.08.02 Definitions Conservation Collier lands: Lands acquired by Collier County. whether held in fee or otherwise. under the Conservation Collier Program for the purposes of conservation. preservation and provision of public green space. 2.01.03 Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities, Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, AND FSAS: 1, Water lines and sewer lines; 2, Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 3. Telephone lines, telephone switching stations, and cable television lines; 4, Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions section 5.05,09 of this Code; 5, Electrical transmission and distribution lines, substations, and emergency power structures; 6, Sewage lift stations and water pumping stations; 7, Essential service wells (including extraction facilities and requisite ancillary facilities); and 8, Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels ofland on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings, 25 Text underlined is new text to be added Text strilœtkrougk i~ eurreBt text to he deleted H"."_'~___~_"·_~ ^,·_,,,.'__._.."","4___'_'·'·>~'· 9, Conservation Collier lands which provide for permitted nondestructive. passive natural resource based recreational and educational activities, exclusive of maior improvements, Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area. not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities restroom not to exceed five hundred (500) square feet 500 square feet. public restrooms of less than 500 square feet, public restrooms of less than 500 square feet, 500 square feet The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that expansion or diminution of the various zoning district permitted, uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to section 2.03,05 B.1.a.(8) of this code, B. Permitted essential services IN CON districts, RFMU sending lands, NRP AS, HSAS, AND FSAS. I, Within CON districts, Sending Lands in the RFMU district, NRP As, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4,08,08 C" the following essential services are permitted: a, Private wells and septic tanks; b, Utility lines, except sewer lines; c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and, d, Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP . e, Conservation Collier lands which provide for permitted nondestructive. passive natural resource based recreational and educational activities. exclusive of maior improvements, Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area. not to exceed twenty (20) parking 26 Text underlined is new text to be added Text stril¡ethraligh is elirFeat teJI:t ta he deleted spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet and public restroom facilities not to exceed five hundred (500) square feet 500 square feet. The provisions for Conservation Collier lands in this code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above for minor improvements. Oil and gas exploration as defined and regulated in this code remains a permitted use on or beneath Conservation Collier lands established in the CON zoning district providing for oil and gas exploration as a permitted use subiect to section 2,03 .05 B.1.a,(8) of this code, C. Additional permitted essential services in commercial and industrially zoned districts, In commercial and industrially zoned districts, in addition to the essential services identified above in section 2,01.03 A" governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service, D, Additional permitted essential services in the agricultural and estate zoned districts. In the agricultural and estate zoned districts, in addition to the essential services identified above in section 2,01.03 A., the following governmental services and facilities shall be considered permitted essential services: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities, E. Additional permitted essential services in the agricultural zoned district. In the agricultural zoned district, in addition to the essential services identified above in section 2,01.03 A., safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted essential services, limited to the following: law enforcement, fire, and emergency medical services, F. Additional permitted essential services in residentially zoned districts, In residentially zoned districts, in addition to the essential services identified above in section 2,01,03 A., neighborhood parks shall be considered a permitted essential service, Q, Conditional uses, The following uses require approval pursuant to section 10,08,00 conditional uses: 1, Conditional essential services in every zoning district excluding the RFMU district sending lands, CON districts, NRP AS, AND RLSA designated HSAS and FSAS. In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU district Sending Lands, CON districts, and NRP As, the following uses shall be allowed as conditional uses: 27 Text underlined is new text to be added Text strilœtkraugh is current text ta he deleted "'_..-.,"'_..~~-,.....,-~.."'_...-~ a, Electric or gas generating plants; b, Effluent tanks; c, Major re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, d, Hospitals and hospices; and e, Government facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services, f. Conservation Collier lands which provide for permitted, nondestructive, passive natural resource based recreational and educational activities, when such sites require major improvements to accommodate public access and use. These major improvements shall include, but are not be limited to: parking areas of 21 parking spaces or more~ nature centers; equestrian paths; biking trails~ canoe and kayak launch sites~ public restroom facilities, greater than 500 square feet~ signage beyond that allowed in sections 2,01.03 k9, and 2.01.03 B.1.e, of this code and other nondestructive passive recreational activities as identified by the County Manager or designee. The provisions for Conservation Collier lands in this code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district conditional uses is intended or implied by these provisions, except as stated above for major improvements. Oil and gas field development and production as defined and regulated in this Code remains a conditional use on or beneath Conservation Collier lands established in zoning districts providing for oil and gas field development and production as a conditional use, subject to section 2.03 .05 B .1.c.n) of this Code, 2. Conditional essential services in RFMU sending lands, NRP AS, CON districts, and RLSA designated HSAS and FSAS. Within RFMU District Sending Lands, NRP As, CON districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4,08,08 C.2., in addition to the essential services identified as allowed conditional uses in section 2,01,03 G.l, above, the following additional essential services are allowed as conditional uses: a, Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easements; and b. Safety Services limited to law enforcement, fire, and emergency medical servIces. c, Oil and gas field development and production, as defined and regulated in this Code, remains a conditional use on or beneath 28 Text underlined is new text to be added Text strilœthFaugh is eurreøt text ta be deleted Conservation Collier lands established in the CON zoning district subiect to section 2.03.05 B.1.c.(l) of this code, 3. Additional conditional uses in residential, and estate zoned districts, and in RFMU receiving and neutral lands, In residential, agricultural, and estate zoned districts and in RFMU Receiving and neutral lands, in addition to those essential services identified as conditional uses in section 2,01,03 Q,I. above, the following essential services shall also be allowed as conditional uses: a, Regional parks and community parks; b, Public parks and public library facilities; c, Safety service facilities; d, Other similar facilities, except as otherwise specified herein, 4, Conditional uses that include the installation of structures: a. Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under section 10.02,03, In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the surrounding and nearby existing and future uses, b, Within the RFMU district sending lands, NRP As, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. c, Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred, Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. 29 Text underlined is new text to be added Text striketkraugh b eurrent text ta he deleted LDC Amendment Request ORIGIN: Code Enforcement AUTHOR: Sharon Dantini DEPARTMENT: Code Enforcement AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC2: 3-4 LDC SECTION: 2.01.00 Generally LDC SUPPLEMENT #: Supplement 1 CHANGE: Scriveners Error REASON: Scriveners error in section identifications, FISCAL & OPERATIONAL IMPACTS: None RELA TED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on July 19,20058:40 am Amend the LDC as follows: 2.01.00 Generally hA. Parking and storage of vehicles without current license plates, Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of recreational equipment as defined within this Code, shall not be parked or stored on any residentially zoned or designated property, including the E estates district, other than in a completely enclosed building, For the purpose of this section a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. 30 Text underlined is new text to be added Text strikethrBugh is turrent text ta be deleted ;hB, Parking, storage or use of major recreational equipment. No recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot, residential districts, or any location not approved for such use, In districts permitting single-family homes or mobile homes, major recreational equipment may be parked or stored only in a rear yard, or in a completely enclosed building, or in a carport, or on davits or cradles adjacent to waterways on residentially zoned property; provided, however, that such equipment may be parked anywhere on residential premises, other than on county rights-of-way or right-of-way easements for a period not to exceed six hours within a time period of seven days for loading and unloading, and/or cleaning prior to or after a trip, For the purpose of this section the rear yard for a comer lot shall be considered to be that portion of the lot opposite the street with the least frontage, For through lots the rear yard shall be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the street. The following exceptions may be granted by the county manager or designee: 1, Such recreational equipment may be parked upon the premises of the resident for a period not exceeding seven days for the purpose of repairing and/or cleaning prior to or after a trip. A temporary use permit must be obtained to authorize this activity. The permit for such period shall be affixed to the vehicle in a conspicuous place on the street side thereof, No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four, 2. Nonresident: Such car, trailer, bus or motor home, when used for transportation of visitors to this county to visit friends or member of the visitor's family residing in this county may be parked upon the premises of the visited family for a period not exceeding seven days, A temporary use permit must be obtained to authorize this activity. The permit for such period shall be affixed to the vehicle in a conspicuous place or on the street side thereof. This does not allow for living, sleeping, or housekeeping purposes. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. 3. Parking of commercial vehicles or commercial equipment in residential areas. It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a residential zoning district unless one of the following conditions exists: hª=l The vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked, The vehicle or equipment must be removed as soon as the construction or service activity has been completed, 31 Text underlined is new text to be added Text strikethrough is eurreøt text to be deleted ~Q} The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport which is structurally or vegetatively screened and cannot be seen from adjacent properties or the street serving the lot. ~ The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening which conceals the vehicle from the view of neighbors, ~ill Automobiles; passenger type vans; and pickup trucks having a rated load capacity of one ton or less - all of which do not exceed 7.5 feet in height, nor 7.0 feet in width, nor 25 feet in length shall be exempted from this section unless otherwise prohibited by a special parking overlay district created pursuant to Section 2.03.07 bM, ~~ Exempted from this section are small commercial equipment such as ladders and pipes that cannot be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in diameter per commercial vehicle, Said equipment shall be secured atop the vehicle and shall not extend beyond the length, height or width of the vehicle. 4. Boats or other floating equipment used as dwelling units, Boats or other floating equipment being used as dwelling units or as commercial establishments may not anchor or tie up in waters under the jurisdiction of the county for longer than 48 hours, except at facilities located in zoning districts permitting such use and at facilities within such districts designated for such use and meeting county and state health standards for such use. 5. Condominiums, This Code shall be construed and applied with reference to the nature of the use of such property without regard to the form of ownership. Condominium forms of ownership shall be subject to this Code as is any other form of ownership. Condominiums of any kind, type or use shall comply with the provisions of F,S. eCho 718, as amended, known as the "Condominium Act." 6, Deed restrictions. This Code shall not be affected by any deed restrictions or restrictive covenants recorded with any deed, plat or other legal documents. No person or agency, in the capacity of enforcing and administering this Code, shall be responsible for enforcing any deed restrictions, 32 Text underlined is new text to be added Text strilletllrougll is eurrent text to be deleted LDC Amendment Reauest ORIGIN: Golden Gate Downtown Commercial Overlay Ad Hoc Committee AUTHOR: John-David Moss/Michele R. Mosca DEP ARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC 2:62 and 4:61 LDC SECTION: 2,03,07 N" 2,04,03, 2,05.01, and 4,02.37 LDC SUPPLEMENT #: Supplement 2 CHANGE: Establish a zoning overlay district to implement the Golden Gate Parkway Downtown Center Commercial Subdistrict in the Golden Gate Area Master Plan. REASON: The Golden Gate Downtown Commercial Overlay Ad Hoc Committee was formed in late December 2003 as a direct result of the Golden Gate Area Master Plan (GGAMP) Restudy process, During the GGAMP restudy, Golden Gate community members expressed a desire to develop new land use regulations for eastern Golden Gate Parkway, from Sunshine Boulevard to Collier Boulevard, in order to create a commercial downtown district for residents of Golden Gate City and Golden Gate Estates. The original six members of the ad hoc committee were personally selected by Commissioner Tom Henning, the commissioner for the Golden Gate district, based on these members' participation on the GGAMP Restudy Committee or involvement with other Golden Gate-area civic organizations. FISCAL & OPERATIONAL IMPACTS: Applicants pursuing development orders allowed by this amendment are subject to payment of petition fees intended to cover the operational costs incurred by the county for the process and review of these petitions, except that additional fees shall be required and a process created for the review of right-of-way landscaping plans and recordation of Landscape Maintenance Agreements, The establishment of the new process and review of petitions will be performed by existing funded staff positions, The Ad hoc Committee and Golden Gate Community are proposing a lighting plan that calls for an alternate lighting fixture from that approved in the Golden Gate Community Roadways Beatification Master Plan, which is funded by general revenue. The Committee proposes that the increased cost of the lighting fixtures that they have recommended be funded through the MSTU, This would require future BCC approval of a new, or amended, MSTU, RELATED CODES OR REGULATIONS: 2,04,03,2,05.01, and 4.02.37 GROWTH MANAGEMENT PLAN IMP ACT: The Golden Gate Downtown Center Commercial Overlay District was developed to implement the Downtown Center Commercial 123 Text underlined is new text to be added Text strikethrough is Gurrent text to be deleted Deliberately left blank. 124 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted Subdistrict of the Golden Gate Area Master Plan, adopted October 26, 2004 and effective January 14,2005. OTHER NOTESNERSION DATE: The Ad hoc Committee is proposing the establishment of an advisory committee for the purpose of reviewing Site Development Plans within the district for compliance with Crime Prevention Through Environmental Design principles, Staffs concerns include the following: 1, Additional expenses and review time; and, 2, The affect of a recommendation from an advisory committee for an administrative approval process (i.e, potential for a committee recommendation that conflicts with LDC provisions, and the inability of staff to deny petitions based upon committee recommendations given that the SDP review criteria are objective), Amend the LDC as follows: 125 Text underlined is new text to be added Text strikethrel<lgh is Gl<lrreRt teJå te be deleted ~ J'JDJ1f1'DJN (}ilfJ'iR ~iIJllÆ11L su.BIJJS'1R1l!f' .,.. iI'IIIIJIII'T, J!IIIr.œI ~ ~ U~ =~ 'i U ~t/I/ItW\åv:wmJ t ~ ... ~ r~ ~h r-. 1.-"'1.. é0l<\.Wrl fa .. ~ t- ¡.-.. ... f--. '1 /<J... ..¡\') ï - .... h-... r-.~~.. -~J. - :: - " ~¡JV'I S t'I ; '- 'I _~ P9i.' r 1"- ! = H- ~~ n · ~ T - f- I .... ~[!]rr I-f- I-f- :=t-tl-æffiEîB t- t- '- "- '- L. L- ~ Ó ~ ~ ~ --~~ "A\;k....Á1Ífll III If- "\,~ ,0( ~"Î\.~ f- ~ () '» ¡( ~ r\ 1 . f- ,~~ ->:8 y ~ ~ ~!.. ':f- ì~0 '15 ~ T r- r- i </~ \ ~tt1 T := %~~ ~"- I II I II IJ II I II II '- -f- -I- iI-I}'-" -'- -'- -f- '-f- .... , .. - ... ... -, '< I I I Y 8 --; ~ LS~'~ 1/ r \ \ ,- AlPMED B'tr fltAO MD TEQI.~ BtA'DIIT IEI:1aI IXiIIIUII1'I' r£\ÐMÐT ,QIJ DMIðIIUOO,IL ~ !j\il!lllll nz: ~ un:: 11/'INM ! ~ ~ III I I II I . .., - rv If: , Ii E~ I- t§ II f- II ¡ . I -- -. ':f: ~ JJJm .DrII1mI1I Q\\ftA IIWIIIIIDl. .!IMnNI2I' 126 Text underlined is new text to be added Text strikethr9ugh is 6urreRt text t9 be åeleteå N. Golden Gate Downtown Center Commercial Overlay District "GGDCCO": Special conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate City. as identified on the Golden Gate Downtown Center Commercial Subdistrict Map (Map 1 7) of the Golden Gate Area Master Plan and as contained herein, 1. Purpose and intent. The purpose and intent of this overlay district is to encourage redevelopment herein in order to improve the physical appearance of the area and create a viable downtown district for the residents of Golden Gate City and Golden Gate Estates, Emphasis shall be placed on the creation of pedestrian-oriented areas, such as outdoor dining areas and pocket parks, which do not impede the flow of traffic along Golden Gate Parkway, Also, emphasis shall be placed on the construction of mixed-use buildings, Residential dwelling units constructed in this overlay district are intended to promote resident-business, The provisions of this overlay district are intended to ensure harmonious development of commercial and mixed-use buildings at a pedestrian scale that is compatible with residential development within and outside of the overlay district. 2. Aggregation of properties, This overlay district encourages the aggregation of properties in order to promote flexibility in site desi€!ll, The types of uses permitted within this overlay district are low intensity retail, office, personal services, institutionaL and residential. Non-residential development is intended to serve the needs of residents within the overlay district, surrounding neighborhoods, and passersby, 3, Applicability, These regulations apply to properties in Golden Gate City lying north of Golden Gate Parkway, generally bounded by 23rd Avenue SW and 23rd Place SW to the north, 45th Street SW to the west, and 41 st Street SW and Collier Boulevard to the east. South of Golden Gate Parkway, these regulations apply to properties bounded by 25th Avenue SW to the south. 47th Street SW to the west. and 44th Street SW to the east. These properties are more precisely identified on Map 17, "Golden Gate Downtown Center Commercial Subdistrict" ofthe Golden Gate Area Master Plan and as depicted on the applicable Official Zoning Atlas Maps, Except as provided in this regulation, all other use, dimensional and development requirements shall be as required or allowed in the underlying zoning districts. 4. Permitted uses. Permitted uses within the GGDCCO include the uses listed below and those uses identified in Chapter 2, Table 1. "Permissible Land Uses in Each Zoning District" , a. Residential uses: permitted by right in the existing residential zoning districts, except as otherwise prohibited by this zoning overlay, 127 Text underlined is new text to be added Text strikethraugA is Gurrent text to 13e deleted ~.'>,".",._-",,-.-- 1. in a mixed use building 11, in an existing owner occupied structure 111. in an existing non-owner occupied structure, until such time as cessation is required by Chapter 4,02.37 1. 5. Conditional uses. Conditional uses within the GGDCCO include the use listed below and those uses identified in Chapter 2, Table 2."Land Uses that May be Allowable in Each Zoning District as Accessory Uses or Conditional Uses", a. Outdoor dining areas, not directly abutting the Golden Gate Parkway right-of-way. 6. Prohibited uses, Prohibited uses within the GGDCCO include the uses listed below and those uses, prohibited, by omission, in Chapter 2, Table 1. "Permissible Land Uses in Each Zoning District", a. New residential-only structures b. Any commercial use employing drive-up, drive-in or drive through delivery of goods or services. c. Sexually oriented businesses (as defined in Ordinance No. 91-83). 7. Non-conforming uses. Any existing legally permitted or conditional use on property regulated by this overlay that is expressly prohibited herein, shall be deemed a legal non-conforming use and subiect to all applicable provisions of this code. 128 Text underlined is new text to be added Text strikethrougl'l is Gurrent text to be deleted 2.04.03 Table of land Uses in Each Zonina District 2.04.03 ZONING DISTRICTS AND USES I Table 1. Permissible land Uses in Each Zonina District P = permitted E = permitted with certain exceptions ..... Blank cell = prohibited (also see table of conditional and Q, ....0 "0 .!U accessory uses) 0 5iu~ u uC-o U cC)¡ - 3:1~ N rJ:¡ o ~ e - 11:1 ~ C _.. 3: ....c o GI (.) land Use Type or Cateaorvi c > c 0- .! iij 8 11:1'- (.) C) U Q ...C) cGlC) ( E.s "C Eo! Õ 0" C) u~ Accountina Services 8721 P Administrative Service Facilities Adult Dav Care Facilities & Centef's 8322 Aaricultural Activities Aaricultural Outdoor Sales Aaricultural Services 0741 ,0742,0752- 0783 Aaricultural Services 0711. 0721. 0722- 0724, 0762, 0782. 0783 Aaricultural Services 0723 Aircraft and Parts 3721-3728 Airoort - General Aviation Amusement & Recreation Services 7911 7991 Amusement & Recreation Services 7999 tourist auides only Ancillarv Plants ADDarel & Other Finished Products 2311-2399 Aooarel & Accessorv Stores 5611-5699 P ADoraisers Architectural. Enaineerina, Survevinq Services 0781,8711-8713 Elar Assisted Livina Facilities Attornev Offices & Leaal Services 8111 P Auctioneerina Service, Auction Rooms and Houses 7389,5999 Auto and Home Suoolv Store 5531 P Automobile Parkina 7521 P Automotive Repair, Services, and Parkinq 7514,7515.7521, 7542 Automotive Reoair Services and Parkina 7513-7549 Automotive Services 129 Text underlined is new text to be added Te)å strikethrsugh is GUrreRt text tEl l3e iileleteEl p = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and Q, "õ "0 .ß!u accessory uses) 0 :¡¡ u;¡ U uc." U l:C)c - ~I~::: rJ:J o :!: ~ - IIII~ 1:_ ~ .. .. oQ)c3 land Use Type or CateQoryi c > c 0- .ß! ïã 8 III ._ 0 C) U Q ..C) I: Q) C) Q)EB :BE; o 0 '; C) u,E Automotive Dealers and Gasoline Service Stations 5511.5531.5541. 5571.5599 Barber Shoos or Colleaes 7241 Beautv ShoDs or Schools 7231 Bikina Trails Bowlina Centers 7933 Buildinn Construction 1521-1542 Buildina Materials 5211-5261 Buildinq Materials. Hardware, Garden Supplies 5231 - 5261 Business Associations 8621 Business ReDair Service p Business Services 7311.7313,7322- 7331.7338,7361 , 7371.7372,7374- 7346. 7379 P Business Services 7311-7313. 7322- 7338,7361-7379, 7384 P Business Services 7311 , 7313. 7322- 7338 7384 Business Services 7311-7313,7322- 7338,7361-7379. 7384 7389 E(b) Business Services 7311-7352, 7359. 7361-7397 7389 Business Services 7311-7353 7359 Business Services 7312,7313.7319. 7334-7336,7342- 7389 Business Services 7311 Business Services 7312.7313.7319. 7331 , 7334-7336. 7342, 7349. 7352. 7361 ,7363.7371- 7384. 7389 Business Services 7311. 7313, 7322- 7331 7335-7338 130 Text underlined is new text to be added Text striketl'lrElygl=t is GyrreRt text tEl be deleted p = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and ~ "'õ "Q 2(,,) accessory uses) Q ~(,,)~ U (,,) C "tI U c" Ii .... :: eN rJ:¡ o :;0 ~ "cur c_ :: ....<:: o GI u land Use Tvpe or CateQorvl C > c 0- 2ëij8 III ,_ U "uc ...t.? cGlt.? GI E S "C E~ Õ 00:: " (,,). 7361.7371.7374- 7376 7379 Business/Office Machines Canoe Rental Canoeina Trails Care Units Carwashes 7542 Cateaorv II Grouo Care Facilities Child Care - Not for Profit Child Dav Care Services 8351 Churches & Places of Worshio Civic and Cultural Facilities Collection/Transfer Sites Commercial Printina 2752 Communications 4812-4841 Communications 4812-4899 Communication Towers Construction Construction - Heavv Construction - Special Trade Contractors 1711-1793.1796. 1799 Construction - Soecial Trade Contractors 1711-1799 Continuina Care Retirement Communities Denositorv Institutions 6011-6099 Depository Institutions 6011. 6019. 6081. 6082 Depository Institutions 6021-6062.6091. 6099 6111-6163 Deoositorv Institutions 6021-6062 Drinkina Establishments and Places 5813 Drua Stores 5912 Druas and Medicine 2833-2836 Duolexes E(I) Dwellina Units Eatina Establishments and Places 5812 E(d) Educational Plants Educational Services 8211-8231 Educational Services 8243-8249 Educational Services 8221-8299 131 Text underlined is new text to be added To}å strikethrough is GUrreAt to}å to be EleleteEl 'IJ\ .~__..,..-_ p = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and ~ ...·õ "0 .2!u accessory uses) Q ;u;¡ U U C ... U I::~¡ .... ~~N 00 o :: ~ ...., CU.!! 1::_ ~ ... '" o Q. 13 land Use Tvpe or CateQorvi C Ö.E .2! iij 8 1\1.- u ~ (.)0 ...CI I:: Q. CI Q. E.s "C E.& Õ o .. ~ u~ Educational Services 8211-8244 8299 Electronic Eauioment & Other Electrical Eauioment 3612-3699 Enqineerinq, Accountinq, Manaqement and Related Services 8711-8748 Enqineerinq. Accountinq, Manaqement and Related Services 8711-8713 E\a¡ Eauestrian Paths Essential Services E(e) Excavation Fabricated Metal Products 3411-3479.3419- 3499 Fairqrounds Familv Care Facilities Fishina Piers Fis h inq/Huntina/T raooi nq 0912-1919 Fixture Manufacturina Food Manufacturinq 2034, 2038. 2053. 2064, 2066. 2068. 2096 2098 2099 Food Products 2011-2099 Food Stores 5411 5421-5499 P Food Stores 5411-5499 P Fraternal Oraanizations Funeral Services and Crematories 7261 Furniture & Fixtures Manufacturina 2511-2599 Gasoline Services Stations 5541 5511-5599 General Contractors 1521-5261 General Merchandise Stores 5311-5399 P Glass and Glazina Work 1793 Golf Courses Government Offices/Buildinqs 9111-9222.9224- 9229.9311,9411- 9451 , 9511-9532. 9611-9661 Grouo Care Facilities Gunsmith Shoo 7699 1 For requirements oertaininq to Essential Services. see 2.01.03 132 Text underlined is new text to be added Text strikethrElygh is 6yrreRt text tEl be deleted p = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and Q,í "'õ '0 $u = 53 u'í accessory uses) U u C"C U cC)¡ - 3:~N IJ) o ~ e - tV ~ c_.. 3: ....c o CI) u Land Use Type or CateQorvi c > c 0- $¡¡;8 tV ,_ u C) U c ...CI C CI) CI CI) E S :5! E.! o 0 &! C) UI~ Hardware Stores 5251 P Health Food Stores Health Services 8011-8049 P Health Services 8011-8049 8082 P Health Services 8051-8059, 8062- 8069, 8071 , 8072. 8092-8099 Heavv Construction 1611-1629 Hikina Trails Home Furniture, Furnishinqs, Equipment Store 5713-5719,5731- 5736 P Home Furniture, Furnishinqs, Equipment Store 5712-5736 P Home Suoolv Store 5531 P Hotels and Motels 7011 7021 7041 Hotels and Motels 7011 Houseboat Rental 7999 Individual & Familv Social Services Industriallnoraanic Chemicals 2812-2819 Industrial. Commercial, Computer Machinery and Equipment 3511-3599 Insurance Aaencies Brokers Carriers 6311-6399 6411 P Insurance Aaencies Brokers Carriers 6311-6361 6411 Insurance aaents brokers and service includina Title Insurance 6361 and 6411 InvestmenUHoldinq Offices 6712-6799 Job Trainina & Vocational Services 8331 Justice Public Order & Safety 9221 9222 9229 Labor Unions 8631 Lakes Ooerations 7999 Larae Aooliance Reoair Service 7623 P Leather Products 3131-3199 Libraries 8231 P Local and Suburban Transit 4111-4121 Local and Suburban Transit 4131-4173 Lumber and Wood Products 2426 2431-2499 Manaaement & Public Relations 8741-8743 8748 P Manaaement Services 8711-8748 Marinas 4493 4499 Measurinq. Analvzinq and Controllinq Instruments 3812-3873 133 Text underlined is new text to be added Text striketlußugh is current teJå te be EleleteEl p = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and Q,¡ "'ô 'CI 2u accessory uses) Q ;u;¡ U uC." U !:C)¡¡¡ - ~QN rJJ o .2 e ..., to.! !: -I f. ~ ....c: o ( u Land Use Tvpe or CateQoryi c > c: 0- 2Cij8 C'a.- U C) U c ..." !: (" ( E.S! 'C E.!i Õ o " C) ul"= Medical and Ootical Goods 3812-3873 Medical Laboratories and Research & Rehabilitation Centers 8071. 8072. 8092, 8093 Membershio Oraanizations 8611-8699 ElI) Membershio Oraanizations 8611 8631 Membershio Oraanizations 8611 Membershio Oraanizations 8611 8621 Misc. Manufacturina Industries 3911-3999 Miscellaneous Plastic Products Miscellaneous Reoair Service 7629-7631 P Miscellaneous Reoair Service 7622-7641 7699 Miscellaneous Reoair Service 7622-7699 Miscellaneous Retail Services 5912 5942-5961 E\a) Miscellaneous Retail Services 5912-5963 E\a) \9) Miscellaneous Retail Services 5912 -5963"", 5992-599924 E(a) (9) (h) (i) Miscellaneous Retail Services 5912.5932-5949. 5942-5961. 5992- 5999 Mixed Residential and Commercial Uses EI") Mobile Home Dealers 5271 Mobile Homes Modular Built Homes Motion Picture Production 7812-7819 Motion Picture Theaters 7832 Motor Freiqht Transportation and Warehousina 4225 Motor Homes Multi-Familv Dwellinqs Ell) Museums and Art Galleries 8412 P Nature Preserves Nature Trails Non-Depositorv Credit Institutions 6141-6163 Non-Depositorv Credit Institutions 6111-6163 Non-Depositorv Institutions 6011-6163 Non-Depository Institutions 6011. 6019. 6081. 6082 Non-Depository Institutions 6021-6062. 6091 . 6099 6111-6163 134 Text underlined is new text to be added Text strikethrollgh is Gllrrent te*Í to Be åeleted p = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and ~ "'õ "C o!(J = ~(J~ accessory uses) u (J c." U c:C)c .... :=£'~ 'JJ o > I!! ë ..!!!Ii 3: ... co o III 5 Land Use Type or Cateaoryl c > c 0- o! iii 8 nI ._ U C)UC ...c¡ c: III c¡ IlIEB :5! E :;; o 0 ~ C)(J~ Nursina Homes 8051 8052 8249 Office Machine Reoair Service 7629-7631 P Oil & Gas EXDloration aDen Soace Outdoor Storaae Yard Paint Glass Walloaoer Stores 5231 P Paoer and Allied Products 2621-2679 Park Model Travel Trailers Park Service Facilities Parkina Facilities Parkina Services Parks Public or Private Parochial Schools - Public or Private 8211 Party Fishina Boats Rental 7999 Personal Services 7291 P Personal Services 7212-7215,7221- 7251 7291 E(d) 0) Personal Services 7212,7215.7221- 7251 Personal Services 7212 7291 Personal Services 7211.7212.72152 7216 7291 7299 E(d)(j))(k) Personal Services 7215,7217,7219. 7261 7291-7299 E(d)(j))( k) Personal Services 7211-7219 Personal Services 7215-7231 7241 E(J) Personal Services 7221 7291 Photoaraohic Goods 3812-3873 Photoaraohic Studios 7221 P Phvsical Fitness Facilities 7991 P Phvsical Fitness Facilities PickuD Coaches Plant and Wildlife Conservancies Plastic Materials & Svnthetics 2821 2834 Plav Areas and Plavarounds 2 Group 7299 limited to babysitting bureaus, clothing and costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal. 135 Text underlined is new text to be added Te¡ß strikethrslIgh is GllrreAt te¡ß to be deleted p = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and Qj "'õ "T:I 2() accessory uses) 0 :¡¡ ()I~ u ()c" U c C) c - ~~.:: iJ1 o ::!: t! - I'CI" C I ~-':.c o CI) 0 Land Use Type or CateQoryi c > c 0- 2 ñi 8 I'CI.- 0 C) (.) 0 ...~ c CI) ~ CI) E 2 :E E :;; o 0 ':;¡ C) () ¡: Pleasure Boat Rental Printina and Publishinq Industries 2711 2712 Printina and Publishina Industries 2711-2796 Professional Offices 6712-6799. 6411. 96311-6399, 6531. 6541 , 6552, 6553, 8111 ProfessionalOraanizations 8631 Public Administration 9111-9199. 9229. 9311 ,9411-9451. 9511-9532, 9611- 9661 Public Service Facilities - Essential Railroad Transoortation 4011 4013 Real Estate 6531-6541 P Real Estate 6521-6541 Real Estate 6512 P Real Estate 6512-6514.6519. 6531-6553 Real Estate Brokers and ADoraisers 6531 Real Estate Offices 6531.6541,6552, 6553 Recreational Service Facilities Recreational Services - Indoor 7911-7941 ,7991- 7993 7999 Recreational Uses Recreational Vehicles Rehabilitative Centers 8093 Reoair ShODS and related services not elsewhere classified 7699J Research Centers 8093 Research Services 8732 Residential uses Retail Nurseries Lawn and Garden 5261 P Rubber and Misc. Plastic Products 3021 3052 3053 Safetv Service Facilities 3 Antique repair and restoration, except furniture and automotive only, bicycle repair shops only, rod and reel repair. 136 Text underlined is new text to be added Text striketlm:¡Y!h is GyrreAt text ta be £lelete£l p = permitted E = permitted with certain exceptions - Blank cell = prohibited (also see table of conditional and Q, "'0 "C .!U = ~u;¡ accessory uses) U uc." U cC)¡¡¡ .... 3:1~ .... rJ:J o ~ I!! - nil! c_ 3: ... IV oQltJ I C > c land Use Tvpe or CateQorv 0- .! iij 8 nI.- 0 C) u c ...CI CQlCl QI E B ~ E.!i 00" C) u ~ Schools nublic Schools - Vocational 8243-8299 E(l) Security Brokers. Dealers. Exchanqes. Services 6211-6289 P Shoe Reoair Shons or Shoeshine Parlors 7251 P Shootina ranae indoor 7999 Sinale-Familv Dwellinas Ell) Social Services 8322-8399 Stone. Clav. Glass and Concrete Products 3221. 3251.3253. 3255-3273. 3275. 3281 Storaae Synthetic Materials 2834 Testina Services Textile Mill Products 2211-2221. 2241- 2259. 2273-289. 2297 2298 Timeshare Facilities Title abstract offices 6541 Tow-in Parkina Lots 7514 7515 7521 Townhouses E(l) Transoortation bv Air 4512-4581 Transportation Equipment 3714.3716.3731. 3732. 3751. 3761. 3764, 3769, 3792, 3799 Transnortation Services 4724-4783 4789 Travel Aaencies 4724 Travel Trailers 5561 Two-Familv Dwellina United States Postal Service4 4311 P Veterinarian's Officeb 0742 Veterinarian's Office 0752 Videotaoe Rental!; 7841 P Vocational Rehabilitation Services 8331 Weldina Reoair 7692 4 Excludes major distribution center. 5 Excludes outdoor kenneling. 6 Limited to 1,800 square feet of gross floor area. 137 Text underlined is new text to be added Text striketluo¡,¡gh is GyrreRt text t9 be åeleteå p = permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and ~ "'ô "Q .!u accessory uses) 0 ;u;¡ U U c"D U I::CJ¡ .... ~£,N rJ1 o ~ ~ - I'CI ~ 1::_ ~ ....c o QI u Land Use Type or CateQoryl c >" 0- .!ro8 I'CI ,_ u CJ U c ...e> I:: QI e> QlE.s ~ E.& 00" CJ u!:'= Wholesale Trade 5148 Wholesale Trade - Durable Goods 5021 , 5031. 5043- 5049, 5063-5078. 5091,5092.5094- 5099 Wholesale Trade - Nondurable Goods 5111-5159,5181. 5182 5191 Wildlife Conservancies 9512 Wildlife Manaaement 0971 Wildlife Refuae/Sanctuarv Wildlife Sanctuaries Watches/Clocks 3812-3873 (a) Limited to 5.000 square feet per floor (b) Except labor pools in qroup 7363 (c) Exception for newspapers in qroup 2752 (d) Except commercial use employinq drive-up. drive-in, or drive-throuqh delivery of qoods and/or services (8) Except that fire protection and police protection in qroups 9221 and 9224 are limited to administrative offices only iF! ars¡,¡;) Q221 (I) Except civic, social. and fraternal orqanizations in qroup 8641 (9) Except liquor stores in qroup 5921 (h) Except pawn shops in qroup 5932 (i) Except retail firearm and ammunition sales in qroup 5941 U) Except coin operated laundries and dry cleaninq in qroup 7215 (k) Except miscellaneous personal services not elsewhere classified in qroup 7299 (I) Refer to specific requlations in the GGDCCO district 138 Text underlined is new text to be added Text strikettlr9ygtl is GyrreRt text to be EleleteEl 2.04.03 ZONING DISTRICTS AND USES Table 2. land Uses that Mav be Allowable in Each Zonina District as Accessory Uses or Conditional Uses. C = conditional use A = accessory use ¡; ~ ;:: "t c: C CI) ., :!: > '" ACCESSORY AND 00 In Q) iii - - t CONDITIONAL USES 1:' c cu 0 :!: '¡j J: U 0 ... 0 c CI) .!: ~ CI) E 0 E 0 en - lõg cu 0 (!) u uC) c ... u~ CI) CI) c-: "0 - Õ C (!).! CI) (!)~ (!) u Administrative or service buildina Adult dav care R~2? AQricultural: animal & livestock breedinq, exotic aquaculture. aviary, diary or poultry plant, eQQ production, exotic animals. ranchina or wholesale reptile breedina Aaricultural 0741,0742.0752- 0783 Aaricultural services 7911 Amusement & recreation services C 7911-7941, 7991- 7993, 7997. 7999 Amusement & recreation services 7948, 7992. 7996, 7999 Amusement & recreation services Ancillarv nlants Animal control Aauariums 8422 Archerv ranaes 7999 Assisted livina facilities 139 Text underlined is new text to be added Teld 6trikethrÐI,Igl=I is Gl,lrrent teld t9 ge deleted C - conditional use A = accessory use ~ :í "t: ." " C Q) .. ~ > N ACCESSORY AND 00 I!! () - - " CONDITIONAL USES 't:I C ra Š 0 ~ ëj ; U 0 ... u C Q) E ~ Q) E 0 E u en - IÔ g ra 0 ~ U uCJ C ... uc; Q) Q) co,:: 'C - Õ C C)o! Q) C)~ C) u 7389.5999 C(a) Auctioneerina Services auction rooms and houses 5521, 5551, 5561, 5599 Automotive dealers and aasoline service stations 7513,7519 Automotive rental/leasina Beach chair bicvcle boat or moped rentals Bed & breakfast facilities 7011 Boathouses Boat ram-º-s Boat yards Botanical aarden 8422 Bottle clubs 5813 Campina cabins Care Units Caretaker's residence A(b) Cateaorv II aroup care facilities Cemeteries Chemical products 2812-2899 Child day care 8351 Churches & places of worship 8661 Civic & cultural facilities Clam nurseries Cluster development 140 Text underlined is new text to be added TeKt striketlueugl:t is Gurr-ent teKt te be àeleteel C = conditional use A = accessory use f; ~ ¡: "0 c: c: Q) to ~ > .... ACCESSORY AND 00 on Q) -- :;; CONDITIONAL USES "C c: I\ g 0 ~ ¡3 .c: 0 0 ~ u C Q) .E 5:2 Q) E 0 - E u en I\ IÕ g C) 0 u UCl c: ~ u~ Q) Q) c:: 'C - Õ c: C).: Q) C)~ C) u Cocktaillounaes 5813 Collection/transfer sites Commercial uses Communications 4812-4841 Communication towers Communitv centers C Communitv theaters 7922 Concrete or asohalt olants Continuina care/retirement centers 5411 Convenience stores Dancina establishments & staaed entertainment Deoositorv institutions 6011-6099 Detention facilities Docks 5813 Drinkina establishments Drivina ranaes Earth minina 5812 Eatina establishments 141 Text underlined is new text to be added Text &triketlu9ygh is GyrreAt text t9 Be deleted C = conditional use A = accessory use ~ ;j ;: "t> c: s::::: CIJ to :1: > '" ACCESSORY AND 00 !!! Q) - - .. "C s::::: 11 Ë CONDITIONAL USES :1: ï3 to 0 .c 0 0 .... (.) c CIJ c: 5:2 CIJ E õ rJ) - E U 11 olÕg C) U u¡S s::::: ....Uo CIJ ClJc- " cC).! Õ ~ C) ~ C) 8211-8222 Education services 8211-8231 Education facilities' Dublic & private schools Electric aeneratina Dlants Electric oas. & sanitary services 4911-4971 Enamelina. Daintina. or platina A (c) Excavation Extraction related processinq and production 3482-3489 Fabricated metal products Farm labor housina 5153-5159 Farm product raw materials Field crops 0912-1919 Fis h i n o/h u ntina/tra ppi no Food products 2011,2048 Food service C Food stores (over 5 000 s.t.) 5411-5499 C Fraternallodaes private club or social clubs Fuel dealers 5983-5989 Fuel facilities Funeral services & crematories 7261 Gas~eneratina plants 142 Text underlined is new text to be added TeJEt &trikethnHlgh is GI,¡rreRt teJEt to be EleleteEl C = conditional use A = accessory use ~ î 1: ." C 111 c '" ACCESSORY AND ~ > ... Q) 00 f! CONDITIONAL USES -- ~ '0 C n:I 0 ~ "(j '" -= (,) 0 ... u C 111 .E (,) 111 E 0 Cñ - E u n:I õg C) 0 u uCJ C ... u~ 111 111 c-;:: "'C - Õ C C).!! Q C)~ C) u Gift shoos 5947 Golf club house Golf course Golf drivina ranne Groun care units Guesthouses Health services 8011 Homeless shelters 8322 HosDitals 8062-8069 Hotels and motels 7011.7021.7041 Huntinn cabins Incinerators Jails Justice Dublic order & safety 9211-9224 Kennels & kennelinn 0742,0752 Kiosks Leather tannina & finishina 3111 Livestock Local and suburban transit 4111-4121 Local and suburban transit 4131-4173 Lumber and wood nroducts 2411-2421, 2429 Maintenance areas 143 Text underlined is new text to be added Text strikethrough is Gurrent text to be EleleteEl C = conditional use A = accessory use ~ î ¡: " c: Q " .. ;= > '" ACCESSORY AND 00 I!! Q) -- ~ CONDITIONAL USES 'tJ c: CI:I ;= '(j .. 0 .::: () o ... 0 c Q .E ~ Q E 0 - E 0 en CI:I 0 IÕ g 0(.) (.)C> c: ... (.)~ Q Q c-: -c- - c: O~ o Q o~ 0(.) Maior maintenance facilities Marina 4493.4499 Mental health facilities Merchandise - outdoor sales Miniature aolf course 7999 Mixed residential and commercial Model homes and model sales centers Motion oicture theaters 7832 C Motion nicture theaters 7833 4212.4213-4225. 4226 Motor freiaht transoortation and warehousina Motor freiaht transoortation and warehousina 4225,4226 Noncommercial boat launchina ramDS Nurserv - retail 5261 Nursina and oersonal care facilities 8062 Nursina homes Oil and aas extraction 1321.1382 Oil & aas field develooment and oroduction Outdoor disolav Packinahouse Paoer and allied oroducts 2611 144 Text underlined is new text to be added Text striketl:lrougl:l is Gurrent text to be deleted C = conditional use A = accessory use ~ í ï: "C C CI) c .. ACCESSORY AND ¡¡: > ... () 00 i!! CONDITIONAL USES -- '" '0 C III r 0 ¡¡: 13 .. .c 0 0 .... u C Q .S 0 $ E 0 (ñ E _u III 0 og C> u uC> C .... u~ CI) Q c: "'C - Õ C C).s! CI) C>~ , C> u Personal services 7291 Petroleum refinina and related 2911-2999 Pistol or rifle ranae Plav areas and olavarounds ð Poultrv raisina (small) Primary metal industries 3312-3399 Private boathouse and docks Private clubs Private landina strios Pro shoos llaroe) Pro shoos (sma) Recreational facilities A Recreational services Refuse svstems 4953 Rehabilitative centers 8093 Reoair or storaae areas Residential uses Resource recoverv nlant Restaurant (small' or snack shoD 5812 Restaurant llaroe) 5812 Retail ShODS or sales Rubber and misc. Plastic oroducts 3061-3089 145 Text underlined is new text to be added Telrt stril{etnroygl1 is Gyrrent te)(t to be åeleteå __."_"'0""·, '" .... C conditional use A = accessory use ~ ~ ;:: ." c: C CII ., 3: > N ACCESSORY AND 00 In Q - - ~ CONDITIONAL USES ., C (1 '9 0 3: '(3 ., ~ () 0 ... <..> C C) .E () C) E 0 (i.i - E <..> (1 0 IÔg e" U UCl C ... u~ CII CII C~ "'C - Õ C e".! C) Q~ e" U Sanitarv landfills Sawm ills Schools Dublic or orivate I Schools orivate Schools vocational 8243-8299 Service facilities Slauahterina Dlants 2011 Social association or clubs 8641 Social services 8322-8399 SauD kitchens SDortS instructional camDS or schools Staaed entertainment facilitv 3211. 3221. 3229. 3231.3241.3274. 3291-3299 Stone clav. alass and concrete Droducts Swimmina Dools - Dublic Storaae enclosed Tennis facilities 2231.2261-2269, 2295. 2296 Textile mill oroducts Transfer stations 4212 146 Text underlined is new text to be added TeJå strikethrough is GUrreRt text to be deleted C = conditional use A = accessory use ~ ; -¡: ." c: c: CI) co == > '" ACCESSORY AND 00 I!! CÞ ... - .. 'C c: co 5' CONDITIONAL USES == 'u co 0 .c U 0 ... 0 c CI) .5 ~ CI) E 0 E 0 (/) ... lõg co 0 C) (,) (,)~ c: ... (,)~ CI) CI) c:: 'tI ... Õ c: C).! CI) I~~ C> (,) Veterinarian's office 0741-0742 5015. 5051. 5052. 5093 Wholesale trade - durable aoods 5162.5169.5171. 5172.5191 Wholesale trade - nondurable Doods Yacht club 7997 Zoo 1 The overlay districts are not included in this table where they are desiqn-oriented and does not chanqe the underlyinq uses. Overlay districts. whether listed herein or not. allow the uses in the underlvinq zoninq district. Those overlav districts listed in this table also allow the specificallv listed uses. Residential Neiqhborhood Commercial is not included, as it deals with home occupations. Also permissible in the C-1 zoninq district is any other commercial use or professional service which is comparable in nature with the listed uses includinq those that exclusively serve the administrative as opposed to the operational functions of a business and are purelv associated with activities conducted in an office. (a) Limited to 5.000 square feet per floor (b) Accessory to commercial and residential mixed use proiects (c) Accessory to an artist's studio or craft studio only 147 Text underlined is new text to be added Text strikethrough is GUrreRt tel« to be deleted 2.05.00 DENSITY STANDARDS 2.05.01 Density Standards and Housing Types A. ~ ~ 0 ::::: IV ~ .. () .Q .... 5 II) Density Housing () ::J - u (units per Type: ~ :è Zoning ~ l! ~ gross acre) '... .::: () () :§ - District =: () ~ 5 II) IV ~ II) ~ ::J ~ ~ t:: ::J '... ~ 0 0 5 () IV '... ~ ~ Jc .c:: - ~ .c:: ~ ~ ,!!! - .5 IV ~ % ~ :;: II) II) ~ ~ ~ - ..Q ~ C) .5 u ~ ~ ::J 0 ::J IV C) Q ::iE ::iE u C> u ¡::: 0:: Per underlvinq GGDCCO -L zoninq district 148 Text underlined is new text to be added Text strikethreygh is 6yrreRt text te be deleted 4.02.37 Design Standards for Development in the Golden Gate Downtown Center Commercial Overlay District (GGDCCO) A. Development criteria, The following standards shall apply to all uses in this overlay district. Where specific development criteria and standards also exist in the Golden Gate Area Master Plan. or the Future Land Use Element of the growth management plan, these standards shall supersede any less stringent requirement or place additional requirements on development. 1. Cessation of residential uses, Existing, non-owner-occupied residential uses located along Golden Gate Parkway shall cease to exist no later than seven years after the effective date of the adoption of the Downtown Center Commercial Subdistrict in the Golden Gate Area Master Plan (adopted October 26,2004; effective January 14, 2005). This does not require the removal of residential structures located elsewhere in this overlay district. 2 Multi-story buildings. a. Only retail. personal service, and institutional uses are allowed on the first floor. b. All uses allowed by this zoning overlay, except restaurants and cocktail lounges, are allowed on the second floor. c. Only residential uses are allowed on the third floor. 3 Density, Density shall be as per the underlying zoning district. For mixed-use proiects, density shall be calculated based upon total project acreage, 4. Setbacks, a. All development and redevelopment on property abutting Golden Gate Parkway shall have a front yard set-back ranging from zero (0) feet to fifteen feet (15), All proiects utilizing a front yard setback greater than zero (0) feet shall provide, within the front setback area, restaurant seating, and/or open space areas such as other seating, planting areas, and decorative landscape planters, Water management retention and detention areas are prohibited within this setback area. b. All development and redevelopment on properties elsewhere in the overlay area shall utilize the underlying zoning's front yard setback requirements. c. Side yard setback shall be 5 feet. 149 Text underlined is new text to be added Tut striketkrousk is Gurrent text to t¡e deleted d. Rear yard setback shall be one-half of the building hei~ht, with a IS-foot mlmmum. 5. Building Footprint a. Minimum building footprint of 3,000 square feet. b. Maximum building footprint shall not exceed 12.000 square feet c. 6. Minimum floor area - commercial. a. First floor, 3,000 square feet. b. Second floor. 1,000 square feet. 7, Commercial Occupancy/Tenant. a. First floor. Only single tenant occupancy is allowed. b. Second floor. Minimum unit size is 700 square feet per tenant/occupant. 8. Minimum floor area - residential. a. Mixed use. Minimum floor area of 1,500 square feet. 9. Minimum Height. Buildings shall have a minimum height of 34 feet, exclusive of all embellishments and appurtenances, measured from the first finished floor to the highest point of the roof surface, embellishment or appurtenances, whichever is greater. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations, 10. Maximum height. Buildings shall be a maximum height of three stories not to exceed 45 feet, inclusive of all embellishments and appurtenances, measured from the first finished floor to the highest point of the roof surface. embellishment or appurtenances, whichever is greater. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations, 11. Crime Prevention Through Environmental Design (CPTED) Standards, The Golden Gate community supports the CPTED philosophy as a way to reduce crime, improve neighborhood and business environments, and increase overall quality of life of its citizens, CPTED principles such as natural surveillance, 150 Text underlined is new text to be added Text strikethrsygh is Gyrr-eRt text t9 tie åeleteå natural access control. and territorial reinforcement shall be incorporated into the overall design of the proiect. consistent with the provisions in this overlay and as identified below. a. Public paths shall be clearly marked by using design elements such as landscaping and pedestrian accent lig;htin~, b. Public entrances shall be clearly defined by walkways and signage, as specifically provided in this overlay, c. Building entrances shall be accentuated through architectural elements, li~hting, landscaping, and/or paving stones, 12, Common architectural style. In support of the purpose and intent of the GGDCCQ, all structures within the overlay district shall have a common Mediterranean architectural style, with barrel tile roofs, stucco facades, arches and wood accent members used as details, During the site development plan review process, architectural drawings shall be submitted to demonstrate adherence to this requirement. All commercial and mixed use buildings and proiects shall be subiect to the provisions of Section 5.05,08 of the Code, except as provided herein. 13. Architectural standards, All buildings shall meet the requirements set forth in Section 5.05,08, except as otherwise specified below: a. Buildings with frontage on Golden Gate Parkway shall have sixty (60) percent of the ground-floor facade finished with clear or lightly tinted glass, b. The glazed area of the facade above the first-floor shall be at least twenty (20) percent but shall not exceed thirty-five (35) percent of the total area, with each facade being calculated independently. c. Design elements used to embellish the primary facade shall be similarly incorporated into the rear facade of buildings, d. In addition to "c" above, awnings shall be installed over rear doors and windows. e. In order to disrupt the monotony created bv monolithic walls, the facades of buildings 5.000 square feet or larger shall use rooflines that vary in height or architectural embellishments, such as parapets or cupolas, at least every eighty (80) feet. 14. Outdoor display/sale of merchandise and outdoor restaurant seating areas, 151 Text underlined is new text to be added TeJEt strikethrsygh is GyrreRt te)å ta Be aeletea a, No automatic food and drink vending machines shall be located exterior to buildings, b, Outdoor restaurant seating shall be permitted to encroach up to a maximum of 5 feet into the public sidewalk. Such seating area shall not be located in the same area as a portable restaurant sign such that, in combination, the encroachment exceeds 5 feet. 15. Access, Those aggregated lots developed under these overlay provisions and fronting on Golden Gate Parkway must provide site access from abutting local streets and may not obtain site access from Golden Gate Parkway, and where one such commercial or mixed use development provides site access at the development's project boundary abutting other lots, whether aggregated yet or not for commercial or mixed use development, such developments must provide for joint or cross access with the abutting property or properties in order to share access and minimize the number of access points, 16. Parking standards. AH commercial and mixed-use proiects shaH meet the parking requirements as set forth below: a. A minimum of three (3) pub1ic parking spaces for each 1,000 square feet of commercial floor area. b. A minimum of 1 1/2 parking spaces for each residential unit. c. No parking is allowed in the front yard, d. There shall be no parking requirement for outdoor restaurant seating areas, e. Shared parking is required. where possible and feasible. f. Interconnection between adiacent parking lots are required. where possible and feasible, g, Parking facility lighting shall be consistent with the pedestrian/accent decorative lighting fixtures illustrated in Fig. 29, page 5-9 of the Golden Gate Community Roadways Beautification Master Plan. latest edition, and shall be maintained at a 1ight level of 3.0-foot candles, and arranged and shielded in a manner that protects roadways and neighboring properties from direct glare or other interference. h. All projects that are adjacent to residential development within the district and/or residentially zoned properties outside the district shaH provide 1ighting fixtures with full-cutoff optics that direct the light source downward, 152 Text underlined is new text to be added Text e:trikethrough is GUrreRt text to ~e deleted i. The overnight parking of commercial vehicles, with a rated load capacity of one ton or more, is prohibited, i. The overnight parking oLcommercial vehicles shall be limited to one (1) vehicle per 1,000 square feet of commercial floor area. not to exceed six (6) commercial vehicles per building, 17. Proiect standards, In addition to the site design elements described in Section 5,05.08 C,5.d, all projects shall provide: a. Two accent or specimen trees, above the minimum landscape code requirements, for every 100 linear feet along both the front and rear facades. at a minimum height of 18 feet at planting, except that proiects with frontage along: Golden Gate Parkway shall only be required to provide the planting along the rear facade. b. Decorative landscape planters or planting areas, a minimum of five (5) feet wide, and areas for shaded seating consisting of a minimum of 100 square feet. 18. Landscaping, All commercial and mixed use projects shall meet the landscape requirements in Section 4,06,00 of this Code, unless otherwise specified in this zoning overlay, 19. Golden Gate Parkway Right-of-Way Improvements, Right-of-way improvements required for properties/lots with frontage along Golden Gate Parkway, a. Curbing. All projects/lots shall provide Type "F" non-mountable curbing per F.D,O.T, "Roadwav and Traffic Design Standards" Index 300, the latest edition. b. Landscaping, All projects/lots shall be required to provide an eight (8) feet wide landscaping strip between the curb and sidewalk. This planting area may be reduced between tree spacing to five (5) feet wide, for a maximum of 50 percent of the buffer area, to accommodate street furnishings and fixtures, consistent with the Golden Gate Community Roadways Beautification Master Plan, The landscapinf;! strip shall be landscaped with: 1. Turf, not to exceed 50 percent of the planting area: 2, Shrubs and ground cover, at a minimum of 50 percent coverage, not to exceed a mature height of twenty-four (24) inches: and, 3. Canopy trees, planted one per 30 linear feet and, at time of planting, a minimum 4-inch caliper with 8 feet of clear trunk and 22 feet in height. 153 Text underlined is new text to be added Text strikethrough is Gurrent text to ee deleted All planting materials in the public right-of-way shall be consistent with those identified in the Golden Gate Community Roadways Beautification Master Plan. Installation and maintenance shall be consistent with the Collier County Construction Standards Handbook for Work within the Right-of- Way, Where right-of-way plantings above are not practicable. a planting area and/or a decorative planter(s) may be provided consistent with the Collier County Construction Standards Handbook for Work within the Right-of- Way, Property owners shall be required to enter into a Landscape Maintenance Agreement with the County for the installation and maintenance of the required right-of-way plantings. Landscape Maintenance Agreements shall require a signed and sealed landscape and irrigation planes). review by the appropriate Transportation Division's staff, approval by the Board of County Commissioners, and recording of said agreement with the Clerk of Courts, Plans shall include. but not be limited to, the following: 1, Existing conditions inventory 2. Proposed plantings/details of planting methods and maintenance specifications 3, Location of utilities 4. Location of drainage facilities 5. Irrigation proposal, including water connections c. Sidewalks, All proiects/lots shall provide a ten-feet wide sidewalk between the required landscape strip identified in "b." above and the property line, Sidewalks shall be concrete design, Class I, 3000 PSI, 4- inches thick on top of 4-inch limestone base, and installed consistent with the "Construction Standards Handbook for Work within the Right-of- Way". Decorative pavers (consistent with the approved pavers identified in the Golden Gate Community Roadways Beautification Master Plan) may be substituted for concrete 1Jortions of sidewalk, subiect to approval by the County Manager or designee, 20. Address numbers, Address numbers shall be 8 inches in vertical height and shall be located on the primary building facade, Numbering materials shall be reflective and have a contrasting background, 21. Signs, As required, allowed. or prohibited in Section 5.06.00 of this Code, except as specified below: a. A single external wall sign may be applied to both the front and rear facades of the building provided that it shall not exceed two (2) feet in vertical dimension. This wall sign( s) shall not exceed 80% of the width of 154 Text underlined is new text to be added Text strikethrough is GUrreAt text t9 be deleted each unit with a minimum of ten percent clear area on each outer edge of the unit. The wall sign(s) shall consist ofletters applied directly on the facade(s) of the building, A wall sign( s) shall only be permitted on the first floor of a building. b. In lieu of the external wall sign(s) permitted in paragraph "a," above, the vertical drip of an awning may be stenciled with letters no more than 8 inches in height and shall not exceed one third of the length of the canopy, Such sign shall be limited to the first floor only. c. In addition, an under canopy or projection sign shall be required for, and limited to the business located on the first floor. Such signs shall not exceed 6 square feet, shall not proiect more than four (4) feet from the building on which it is attached, and shall be elevated to a minimum of 8 feet above any pedestrian way and shall not exceed a height of 12 feet. d. Single or multiple occupancy parcels where there is double frontage on a public right-of-way, shall be allowed three signs, but such signs shall not be placed on one wall, and shall be limited to the first floor only. e. Signs used on the primary facade shall also be similarly provided on the rear facade of the buildings. f. One identification sign may be provided for a second floor business( s ), Such sign shall only be permitted in the rear yard and shall have a minimum setback requirement of 10 feet. Such sign shall not exceed 24 square feet in size and 4 feet in height. The display area of the sign may only include the business logo, name, and address. Comer lots and through lots shall locate such sign in the rear of the building, g. External signs shall not be translucent, but may be externally lit or backlit. h. No sign, display. merchandise or window tinting shall be placed on or adiacent to any window that would interfere with the clear and unobstructed view of the interior of the establishment from the outside and, in particular, ofthe cash register(s) from the street. i. The following signs are prohibited: freestanding signs, except identification signs, real estate signs, and construction signs; stenciling and other window signs, except "open" signs, which shall be limited to two and one-half square feet in size. 155 Text underlined is new text to be added Text strikethrElugh is curreRt text tEl be deleted i. Portable restaurant sums shall be permitted subject to the following regulations: 1, Signs shall be "A" frame design 2, Only one sign shall be permitted per restaurant 3. The sign dimensions shall be a maximum of 24-inches wide and 48-inches in height. 4, The sign shall be displayed only during the hours of operation of the establishment. 5. The sign shall be permitted to encroach up to a maximum of 5 feet into the public sidewalk. Such sign shall not be located in the same area as any outdoor restaurant seating encroachment such that. in combination, the encroachment exceeds 5 feet. 22. Lighting, As described and provided in the Golden Gate Community Roadways Beautification Master Plan or as identified below: a. Internal Project Lighting. All projects shall use architectural decorative lighting. Such lighting shall be the same decorative lighting as identified in Figure 29 on page 5-9 of the Golden Gate Community Roadways Beautification Master Plan, If such lighting becomes unavailable. similarly themed lighting shall be used, Light fixtures must light all public use areas adjacent to the building (e.g, entrvway. courtyards. etc.) to a recommended 0.5 candle level of illumination. Lighting shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. b. Street/Roadway Lighting, Architectural decorative lighting shall be used along Golden Gate Parkway within the public right-of-way, Such lighting shall be a variation of the decorative lighting identified as Figure 29 on page 5-9 of the Golden Gate Community Roadways Beautification Master Plan. more specifically identified as the Lumec Domus Series (DMS50-250MH-SG3-480-LD-DL-CRL72-1A1 U.S. 41 East lighting fixture). If such lighting becomes unavailable. similarly themed lighting shall be used, The installation and maintenance of lighting shall be consistent with the Collier County Construction Standards Handbook for Work within the Right-of-Way, 23. Dumpsters. Dumpsters shall be screened and positioned out of view from public right-of-ways and pedestrian walkways, 156 Text underlined is new text to be added TeIR strikethrough is surreRt teIR to Be deleted LDC Amendment Request ORIGIN: Z&LDR AUTHOR: Catherine Fabacher DEPARTMENT: Z&LDR AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC2:116 LDC SECTION: 2.04.03 Table of Land Uses in Each Zoning District LDC SUPPLEMENT #: Supplement 1 CHANGE: Remove Single Family Dwellings as a permitted use in Golf Course (GC) Zoning District and restrict the permitted use of single family residences in the Residential Multiple Family-12 (RMF-t2) Zoning District to existing nonconforming lots subject to Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. REASON: To correct errors to the Code that occurred during re-codification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 4.02.01 and 2.04.03 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: July 19, 2005 Amend the LDC as follows: 2.04.03 Table of Land Uses in Each Zoning District [see attached copy of table 1: page LDC2: 115 on next page] 157 Text underlined is new text to be added Text strillethraugh is eurrent text ta be deleted J ZONING DISTRICTS AND USES 2.04.03 0 I ~ , '1:1 .... ä ó I , f n8 ¡: 0'1 '" IS .... .... 0 ~ i ~ ~ u 1 III I . 13 .... i ~ . . III SIC Code , 0'1 '" :> 0 ~ OJ' î .... .... '1:1 >. t ¡¡ iä 0 0 . 1 1 1:1 . ;., .s ¡¡ III .8 "'I' I 1 ¡;; ~ g ... = = " 0 r;.. r;.. r;.. .. :a < 2: Q III . . r;.. " " ..! , . ;¡; ¡¡ III õ! -a. ]. .. " Ë ãI " : ., :! šj ~ J! " .g 'Q :a "5 > 0 B ~ i 'S .. ::: = .8 0 ,5 = Q ::õ! :s ~ " .. '"" 0 .s ~ . 'S U} :s " " I " g ¡¡ ¡; õ! ¡; ¡¡ e ~ ¡¡ ¡¡ õ! c ! ., Q Q I1iI :rI :a :rI :rI :a ~ '2 13 "E 0 ::I 1:1 5 5 Ii Ii == .. ë Q J III i .! III " " u ] :s '1:1 '1:1 '1:1 '1:1 Õ ~ ~ § := 21 ~ ~ ~ 'Ii! :s > ~ Q .. ~ ~ ~ ~ ~ Q Q Q " I 0 I1iI 0 0 0 0 RepIÚr sbops and rels.ted 7699" ~ services, not elsewhere c1aasified Resesrcb Centers 8093 Resesrcb Serviœø 8732 p I ResidentiaJ uses Retail Nurseries, Lawn 5261 P P I and Garden Rubber and Mise. Pwtic 3021, 3052, I Products 3053 Safety Service Facilities i Schools, public pl" pll p12 ï Schools - Vocational 8243-8299 p I Security Brokers, Deal- 6211-6289 p P P era, Exchanges, Services Shoe Repair Shops or 7251 p P P J Shoeshine Parlors Shooting range, indoor 7999 I p15 - Single-Family Dwellings p P P P P P P ¡ - SoclaJ Services 8322-6399 I , - Stone, Clay, Glass and 3221, 3251, Concrete Products 3253,3255- 3273. 3275, 3281 - Storage Synthetic Materials 2834 Testing Services - Textile Mill Products 2211-2221, 2241-2259. 2273-2289, 2297,2298 - Timeshare Facilities P - TitJe abstract offices 6541 - Tow-in Parking Lots 7514, 7515, P 7521 LDC2:115 158 Text underlined is new text to be added Text stril.ethraugh is eurreRt text ta be deleted 15Limited to 1,800 square fee of gross floor area 16The permissible activities include, but are not limited to: crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising; and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission pennits. 17The following permitted uses shall only be allowed on parcels 20 acres in size or greater: dairying; ranching; poultry and egg production; milk production; livestock raising; and animal breeding, raising, training, stabling or kenneling. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestock (except hogs) not to exceed two such animals for each acre and with no open feedlots, for personal use and not in association with commercial agricultural activity on parcels less than 20 acres in size. 18Except outdoor kenneling in groups 0741,0742 and 0752. 19Except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district. 2°Except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district. 210nly when located within an activity center. If outside of an activity center, see the conditional uses table below. 22The retail services building must be 5,000 square feet or less of gross floor area, except that drug stores are not subject to this floor area limitation, 23Except pawnshops and building materials, 24Except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths. 25Single family dwellings are permitted only on existing nonconforming lots subject to the lot design requirements set forth for RSF-6 in Section 4.02.01: Table 1 Lot Design Requirements for Principal Uses in Base Zoning Districts. 159 Text underlined is new text to be added Text strikethrough is tllrrent text to be deleted LDC Amendment Request ORIGIN: Community Development and Environmental services AUTHOR: Mike Bosi, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle Two 2005 LDC PAGE: LDC4: 13-14 LDC SECTION: 4.02.03 LDC SUPPLEMENT #: Original LDC Recodification (04-41) CHANGE: Add language to accessory structure setback criterion to establish a benchmark for the seawall elevation from which the rear yard accessory setback is determined. REASON: To prevent builders from artificially raising the existing seawall to gain compliance with the reduced rear yard for accessory structures as provided for in section 4.02.03,A,Table 4 of the LDC FISCAL & OPERATIONAL IMPACTS: NA RELA TED CODES OR REGULATIONS: LDC section 4.02.03.A.Table 4 GROWTH MANAGEMENT PLAN IMPACT: NA OTHER NOTESNERSION DATE: This version was created on July 7, 2005 Amend the LDC as follows: 4.02.03 Specific Standards for Location of Accessory Buildings and Structures * * * * * * * * * * * * * 160 Text underlined is new text to be added Text strikethrøugh is current text to be deleted Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots Setbacks Structure to Front Rear Side structure (If Detached) 1. Parking garage or carport, single-family SPS SPS SPS 10 feet 2, One-story parking structures SPS SPS SPS 10 feet 3. Multistory parking structures SPS SPS SPS 1/1 1 4. Swimming pool and/or screen enclosure (one- and SPS 10 feet SPS N wo-family) 5. Swimming pool (multi-family and commercial) SPS 20 15 feet N feet 6. !Tennis courts (private) (one- and two-family) SPS 15 SPS 10 feet feet 7. Tennis courts (multi-family and commercial) SPS 35 SPS 20 feet feet 8, Boathouses and boat shelters (private) SPS N/A 7,5 feet or 15 10 feet feet (See section 5.03.06(F)) 9. Utility buildings SPS SPS 1 0 feet 1 0 feet 10. Chickee, barbecue areas SPS 10 SPS N feet 11, Davits, hoists and lifts N/A N/A 7.5 feet or 15 SPS feet 161 Text underlined is new text to be added Text striketluollgh is eHFFent text to be deleted 12. Attached screen porch SPS 10 feet ~ SPS SPS 13. Unlisted accessory SPS SPS SPS 1 0 feet 14. Docks, decks and mooring pilings N/A N/A 7.5 feet or 15 N/A feet 15. Boat slips and ramps (private) N/A N/A 7,5 feet N/A 16. Satellite dish antennas NP 15 SPS 10 feet feet N = None, NI A = Not applicable. NP = structure allowed in rear of building only. SPS = Calculated same as principal structure. * = 1 fooUfoot of accessory height = 1 fooUfoot of building separation 1 lIfoot of accessory height = lIfoot of building separation. 2 In those cases where the coastal construction control line is involved, the coastal construction control line will apply, 3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. The bench mark elevation of the top of seawall cap or top of bank for determining the setback for the rear yard accessory setback on a parcel shall be no higher than the average elevation of the top of seawall cap or top of bank on the two immediate adioining parcels. 4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. The bench mark elevation of the top of seawall cap or top of bank for determining the setback for the rear ard accesso on a arcel shall be no reater than the avera e elevation of the to of seawall ca or top of bank on the two immediate adioining parcels. 162 Text underlined is new text to be added Text strikethrough is eurreRt text to be deleted LDC Amendment Request ORIGIN: Public Comments AUTHOR: C. Fabacher DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC4:30 LDC SECTION: 4.02.14 LDC SUPPLEMENT #: Supplement 1 CHANGE: Re-titling the section to indicate that Special Treatment (ST) District Standards are also included in this section. REASON: Staff notes that several applicants have called because they could not locate the Design Standards for ST Districts, FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: June 15,2005 Amend the LDC as follows: 4.02.14 Same Desi2n Standards for Development in the ST and ACSC-ST District§. A. All development orders issued within the ACSC-ST area shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern, B. All development orders issued for projects within the Big Cypress Area of Critical State Concern shall be transmitted to the State of Florida, Department of Community Affairs, for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code, development order Requirements for Areas of Critical State Concern. C. Site alteration, * * * * * * * * * * * * 163 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted E. Site alteration plan or site development plan approval required, Prior to the clearing, alteration, or development of any land designated ST or ACSC-ST, the property owner or his legally designated agent shall apply for and receive approval of a site alteration plan or site development plan, as the case may be, by the BCC as provided in section 4,02,14 F, below, F. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. 1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the planning services director and appropriate county staff, The preapplication conference is for the purpose of guidance and information, and for ensuring insofar as is possible, that the petition is in conformity with these regulations. No petition for the site alteration or site development approval will be accepted for formal processing until the planning services director has reviewed the petition to determine that all required data is included; a minimum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where appropriate, 2. Review and recommendation by planning services director, planning commission and environmental advisory council. The site alteration plan or site development pl~ shall be submitted to the planning services director who shall have it reviewed by the appropriate county staff. The planning services director shall then forward the site alteration plan or site development plan and the county staff recommendations to the planning commission and the environmental advisory council (EAC) for review and recommendation, Neither the planning commission nor the EAC review shall require a public hearing nor notice to the abutting property owners, but shall be held in a regular meeting. The planning commission and EAC recommendations and county staff recommendations shall be forwarded to the BCC for final action, 3. Fiµal action by board of county commissioners. Final action on the site alteration plan or site development plan lies with the BCC, The board shall review the proposed site alteration plan or site development plan in regular session and shall act formally by resolution stipulating reasons for approval, or approval with modification, or denial of the site alteration plan or development plan, 4. Other permits required. The petitioner may at any time during the county review process apply for the appropriate local, state and federal permits for the alteration or development of the subject property, 5. Commencement of site alteration or site development. Upon obtaining all required local, state and federal permits in order to alter or develop the subject property, the petitioner may commence alteration or development in accordance with the conditions and requirements of said permits, Submission requirements for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land, The following shall be submitted in a petition for site alteration or site development approval of ST or ACSC-ST land: * * * * * * * * * * * 164 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas E, Kuck, P.E., John Houldsworth DEPARTMENT: Engineering Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC4:62 LDC SECTION: Section 4,03.02 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Add sentence clarifying platting requirement REASON: The platting requirement is currently assumed but is not specifically stated, This amendment provides clarification. FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: Chapter 177, Florida Statutes GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was created on December 15,2004 at 2:15 p,m, Amended on Aug. 18 following CCPC comments. Amend the LDC as follows: 4.03.02 Applicability It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by reference to, exhibition of, or other use of, a plat of a subdivision of such land without having submitted a final subdivision plat of such land for approval to the BCC as required by this section and without having recorded the approved final subdivision plat as required by this section, Anv division of land meeting the definition of subdivision which is not otherwise exempt bv this section shall require the filing of a subdivision plat in accordance with the requirements of Section 10,02,04 ofthis code. 165 Text underlined is new text to be added Text strikethrough is eurreRt text to be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Ross Gochenaur DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC 4: and 10: LDC SECTION: Sections 4,03.03 and 10.02.01 - 10.02.04 LDC SUPPLEMENT #: Original LDC re-codification (04-41) CHANGE: Various portions of the Code dealing with platting policies, procedures and submittal requirements have been altered or deleted. REASON: The LDC was previously amended to eliminate mandatory Preliminary Subdivision Plats (PSP) and allow applicants the option of submitting only the Final Subdivision Plat (FSP), The intent was to combine the PSP and FSP reviews, but the previous amendment failed to specify policies, procedures and submittal requirements for accomplishing this. The current amendment rectifies that oversight, and also deletes language referring to development orders which no longer exist (e.g., major and minor site development plans). FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: 12: 15 p,m, This version was created on November 22, 2004 at Amend the LDC as follows: 4.03.03 Exemptions * * * * * * * * * * * * * B, "^... minor subdivision, as defined in Cha.pter 1, for single fa.mily deta.ched 166 Text underlined is new text to be added Text striIletluoHgh is current text to be deleted and du¡')lex residential deyelo¡')meBt shall be exempt from the requirements and procedures for preliminary subdi"isiøB plats; provided, however, nothing contained herein shall exempt such minor subdiyisiøB from the requirements and procedures for improvement plans and final subdivisiøB plats, and '.vhere rcquired subdivision improvements are contemplatcd, the posting of subdi·¡¡sion performance security. No building permits shall be issued prior to recordation ofthe final subdivisiøn plat. C, .^.. minor subdivision, as defined in Chapter 1 for multi family residential development and all nonresidential developmeBt shall be exempt from the requirements and procedures for preliminary subdivision plats and improvement plans; provided, however, nothing contained herein shall exempt such minor subdivision from the requirements and procedures for design requirements for access under section 1.01,00, \vater management plans under Chapter 6, final subdivisioB plats under the procedures set forth in Chapter 10, and sitc de:velopment plans under procedures set forth in Chapter 10, and where required subdivisioB improvements are contemplated, the posting of subdivisioB performance security, No buildiBg permits shall be issued prior to recordation of the final subdivision plat. D, i\.n integrated phased dc·¡elopmeBt, as defined in Chapter 1 and which has been previously approved in accordance with procedures set forth in Chaptcr 10, shall be exempt from the requirements, standards and procedures for preliminary subdivision plats (Chapter 10) and improvemcnt plans (Chapter 10); provided, however, nothing contained herein shall exempt such integrated phased deyelopmeBt from the requirements and procedures for design requircments for access under section 1,01.00, water management plans under Chapter 6, final subdivisioB plats and subdivision performance security under Chapter 10, and major site development plans under Chapter 10, No building permits shall be issued prior to recordation of the final subdiYision plat. These provisions shall not requirc that the interior aeeess \vithin an integrated phased development be different from the conditions in Chapter 10 applicable to site development plans, * * * * * * * * * * * * * 10.02.01 Pre-Application Conference Required A. Subdivision review procedures. 1, Preapplication conference. Prior to formal filing of a preliminary or final subdivision plat, an applicant shall confer with the County Manager or his designee to obtain information and guidance, The purpose of such a conference is to permit the applicant and the County Manager or his designee to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the preparation and submission of the preliminary subdivision plat, improvement plans, final subdivision plat, and related documents, 167 Text underlined is new text to be added Text strikethrough is enrrent text to be deleted T· t ..."",.-.,..._"." a, Preapplication. A written preapplication shall be submitted to the County Manager or his designee at any time prior to the review of a proposed preliminary or final subdivision plat. The written application shall contain the following: * * * * * * * * * * * * * b. Issues of discussion, Issues that shall be discussed at the preapplication conference shall include but are not limited to the following: * * * * IV. * * * * * * * * * Application contents, In conformance with the requirements of this section, the County Manager or his designee shall establish the contents of the preliminary or final subdivision plat required to be submitted for the proposed development. This shall include descriptions of the types of reports and drawings required, the general form which the preliminary or final subdivision plat shall take, and the information which shall be contained within the preliminary or final subdivision plat and supporting documentation. v, Application copies and fees. The County Manager or his designee shall identify the number of copies of the preliminary or final subdivision plat application that are required to be submitted for the proposed development, along with the amount of the fees needed to defray the cost of processing the application, * * * * * * * * * * * * * 10.02.02 Submittal Requirements for All Applications * * * * * * * * * * * * * B. Subdivision exemptions, Before any property or development proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or his designee, After a determination of completeness, the County Manager or his designee shall approve, approve with conditions or disapprove the request for exemption based on the terms of the applicable exemptions, To the extent indicated, the following shall be exempt from the applicability of this section, * * * * * * * * * * * * * 2. .}.{inor subdiT¡isions for single family deta.ched and duplex residential development. />. 168 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted minor subdivision, as defined in article 6, for single family detached and duplex residential development shall be exempt from the requirements and procedures for preliminary subdivision plats; provided, however, nothing contained herein shall exempt such minor subdivision from the requirements and procedures for improvement plans and final subdivision plats, and ..,'here required subdivision improvements are contemplated, the posting of subdivision performance sccurity, No building permits shall be issued prior to recordation of the final subdivision plat-: 3, },{inor subdivisions for multif-amily residential an.d nonresidential de~/elopment. J.^" minor subdivision, as defined in article 6, for multiple family residential development and all nonresidential development shall be exempt from the requirements and procedures for preliminary subdiYision plats and improvement plans; provided, however, nothing contained herein shall exempt such minor subdivision from the requirements and procedurcs for design requirements for access under the Collier County Construction Standards Manual, water management plans under the Collier County Construction Standards Manual, final subdivision plats under sections 10.02.01 and 10.02.05, and site development plans under section 10.02.03, and ..¡here required subdivision improvcments are contemplated, the posting of subdivision performance security, No building permits shall be issued prior to recordation of the final subdivision plat. 1. Integrated phased developments, J.^..n integrat-ed phased development, as defined in section 1.08,00 and which has been previously approved in accordance ','lith section 10.02,01 .'\.5" shall be exempt from the requirements, standards and procedures for preliminary subdivision plats (section 10.02.01) and improvement plans (section 10.02.05 E.); provided, however, nothing contained hcrein shall exempt such integrated phased development from the requirements and procedures for dcsign requircments for aeeess according to the Collier County Construction Standards Manual, water management plans according to the Collier County Construction Standards Manual, final subdivision plats and subdivision performance security under sections 10,02,01 and 10,02,05, and major site development plans under section 10.02.03. No building permits shall be issucd prior to recordation of the final subdivision plat. These provisions shall not require that the interior aecess vvithin an integrated phased development be different from the conditions in section 10,02.03 applicable to site developmcnt plans, * * * * * * * * * * * * * 10.02.03 Submittal Requirements for Site Development Plans A, Generally, 1, Purpose. The intent of this section is to ensure compliance with the appropriate 169 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2, Applicability, All development, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions therefrom: a, Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development), b. Townhouses developed on fee simple lots under individual ownership, provided that a fee-simple townhouse plat is approved in accordance with the provisions of section 10.02.04.B.4 ir.c, Underground construction; utilities, communications and similar underground construction type activities. €-:d, Accessory and ancillary facilities for a golf course such as restroöms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code, the, Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 5.04.03 E, Model homes and sales centers, except as otherwise provided by section 5.04.04. f..g" Project entryway signs, walls, gates and guardhouses. g;h, Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site development plan, and the applicable review fee shall apply, 170 Text underlined is new text to be added Text strilœthrough is current text to be deleted 10.02.04 Submittal Requirements for Plats A. Preliminary subdivision plat requirements. * * * * * * * * * * * * * 2. Preliminary subdivision plat submission requirements. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements, The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process, l" A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the County Manager or his designee and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the County Manager or his designee. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible, Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation, The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: * * * * * * * * * * * * * t. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note, Such illustrations shall show a typical dwelling unit meeting required setbaeks for a typical lot. For fee-simple residential lots. the illustration shall portray the type of unit identified by LDC definition and developer's description to be placed on each lot (example: Lots 1-20, single-family attached (patio home), and show a typical unit on typical interior and corner lots, depicting setbacks (including preserve setbacks, if applicable) and/or separation of structures, Also for fee simple residential lots, the illustration shall portray the location of typical units on atvpical lots (such as cul-de-sac, hammerhead and all irregular lots), For non- residential lots (e,g" multi-family amenity lots or parcels, commercial/industrial lots), the illustration shall portray setbacks & building envelope. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form, 171 Text underlined is new text to be added Text strikethrough is eurrent text ta be deleted Where more than one type of dwelling unit (e.g" single-family detached, single-family attached, zero lot line) is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. Lot areas and lot dimensions may be sho'.vn on a legend as opposed to a notation on each lot. A table shall be provided showing lot area and lot width for each irrezular lot; regular comer and interior lots may show only tvpical width and area, * * * * * * * * * * * * * 4, Effect and limitation of approval of preliminary subdivision plat. [l, Prcc(mditio1<l ¡-or impro'v'cmc1<lt plans and final subdivision pla.t, Only after approval of the preliminary subdivision plat shall the applicant be entitled to submit to the county the improvement plans and final subdi','ision plat as required by this section, No impro'¡ement plans or final subdivision plat shall be accepted for review unless the preliminary subdivision plat has been appro'/ed and remains '/alid and in effect. fr..a, No vested rights. It is hereby expressly declared that the intent of this section is to create no vested rights in the applicant or owner of property which obtains approval of a preliminary subdivision plat, and the county shall not be estopped to subsequently deny approval of the improvement plans and final subdivision plat based on changes in federal, state or local laws or regulations, or upon any other facts or circumstances subsequently arising or considered which would adversely affeet the feasibility or desirability of the preliminary subdivision plat, nor shall the county be estopped to deny any rezoning in which a preliminary subdivision plat is submitted in support of such rezoning. e-:-b. Time limitations. Refer to the provisions of 10.02,05 A, d. Rc!ationship ta site development plans. /..ny+..hing contained elsewhcre in this Code to the contrary notwithstanding, no major final or minor site development plan may be accepted for concurrent revie'.v '.vith a preliminary subdivision plat, hovlever approval shall be váthheld until the preliminary subdivision plat is approved except where no preliminary subdivision plat is required under a minor subdi·,'isißn. Further, no final site de''lclopmcnt plan (whether minor or final) shall be approved prior to approval of the final plat by the board of commissioners, however, no building permit '.'.'ill be issued until the plat is recorded, except for development amenities such as club houses, swimming pools, guard houses and the like, upon approval of the plat by the board of county commissioners and pursuant to submission of a site dC'¡clopment plan, or a temporary use permit as may be permitted by 5.01.01 of this Code, 172 Text underlined is new text to be added Text stril(ethrough. is curreRt text to be deleted e-oc. Relationship to zoning and planned unit developments. Anything contained elsewhere in this Code to the contrary notwithstanding, no preliminary subdivision plat shall be approved prior to final approval of the zoning or planned unit development for the proposed subdivision; provided, however, the zoning or planned unit development application and the preliminary subdivision plat may be processed concurrently at the written request of the applicant to the County Manager or his designee. f..d. Approval of improvement plans and final subdivision plat required prior to development. Anything contained elsewhere in this Code to the contrary notwithstanding, no development shall be allowed pursuant to a preliminary subdivision plat prior to the approval of improvement plans and final subdivision plat submitted for the same or portion thereof. Authorization to commence any development prior to the completion of the provisions set forth herein in sections 10.02.05 E, and 10,02.04 B.3. shall be the subject of a preliminary work authorization as set forth herein, A preliminary work authorization whose form and legal sufficiency shall be approved by the county attorney shall be submitted in the form established by the county attorney and shall be a legally binding agreement between the applicant and the county. * * * * * * * * * * * * * B, Final plat requirements, * * * * * * * * * * * * * 4, Final subdivision plat submission requirements. The submittal of final plats for which no preliminary subdivision plat is contemplated must include, apart from the final plat and/or improvement plans, that information required for review of preliminary subdivision plats in accordance with Section 10.02.04 A.2, For onlv those final Dlats incorporating townhouse develoDment on fee simDle lots, the following additional information, prepared by a registered engineer (and landscape architect for landscape plan), must be provided either separately or in coni unction with the information required by Section 10.02,04 A.2.: a, Landscape plans, signed and sealed, in accordance with Section 10,02.03 .B.l.c b, Zoning data as follows, prepared on maximum size sheets measuring 24 inches by 36 inches, drawn to scale: 1. A coversheet which includes: a) The name ofthe development. 173 Text underlined is new text to be added Text strikethrough is current text to be deleted b) The zoning district, and PUD name and ordinance number, if applicable. c) A legal description of the property, both prior to, and after. subdivision. d) The name, address and phone number of the agent preparing the plat, and the name, address, and phone number of the property owner. e) A vicinity map. clearly identifying the location of the development. 11, A site plan, providing the following information in table format: a) Total site acreage. b) Total square footage of impervious area (including all parking areas, drive aisles, and internal streets) and its percentage of the total site area, c) Total number of units, units per acre. and a unit breakdown by square footage and number of bedrooms. as well as minimum/maximum (as applicable) floor area required and floor area proposed, d) All required and provided setbacks and separation between principal and accessory structures. e) Maximum building height allowed by ZOnIng district and height proposed. f) Zoning and land use of the subiect property and adiacent properties, including properties abutting an adiacent right-of-way or right-of-way easement. g) A parking summary. showing number of spaces required, and number of spaces provided, h) Preserve area required and provided, i) Illustrative information (drawing) accurately depicting the following: 1) Name and alignment of existing/proposed rights-of-way of all streets bordering the development: the location of all existing drivewavs or access points of the opposite sides of all streets bordering the development: and the location of all traffic calming devices, 174 Text underlined is new text to be added Text strilœthreugh is current text to be deleted 2) Location and configuration of all development ingress and egress points. 3) Location and arrangements of all proposed principal and accessory structures. 4) Name and alignment of existing/proposed rights-of-way for all internal streets and alleys. 5) Directional movement of internal vehicular traffic and its separation from pedestrian traffic. 6) Location of emergency access lanes, fire hydrants and fire lanes 7) Location of all handicapped parking spaces. 8) Location of trash enclosures or compactors, if applicable, 9) Location and proposed heights of proposed walls or fences, 10) Location of sidewalks and pathways, designed in accordance with Section 10.02,03,B.l.i, xiii. 11) Location of sidewalk parking in accordance with Section. 10,02.03.B.1.i.xv. 12) Location of all required preserves with area in square feet, 13) Any additional relevant information as may be required by the County Manager or his designee, 5. Contents and Substance of Final Subdivision Plat. The final plat itself must -shalt be drawn on only standard size 24-inch by 36-inch sheets of mylar or other approved material in conformance with F.S, ch, 177, The final plat shall be prepared by a land surveyor currently registered in the State of Florida and is to be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than one inch equals 100 feet. The final plat shall be prepared in accordance with the provisions of F.S, ch. 177, as amended, and shall conform, at a minimum, to the following requirements: a, Name of subdivision. The plat shall have a title or name acceptable to the County Manager or his designee. When the plat is a new subdivision, the name of the subdivision shall not duplicate or be phonetically similar to the name of any existing subdivision. When the plat is an additional unit or section by the same developer or successor in title to a recorded subdivision, it shall carry the same name as the existing subdivision and 175 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted * as necessary a sequential numeric or alphabetic symbol to denote and identify the new plat from the original plat. If the name of the subdivision is not consistent with the name utilized for any zoning action for the subject property, a general note shall be added to the plat cover sheet which identifies the zoning action name and ordinance number which approved such action, b. Title. The plat shall have a title printed in bold legible letters on each sheet containing the name of the subdivision, The subtitle shall include the name of the county and state; the section, township and range as applicable or if in a land grant, so stated; and if the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section," "unit," "replat," "amendment," or the like. * * * * * * * * * * * * 1 0.02.04. C Relationship of Plats to Site Development Plans No site development plan may be accepted for concurrent review with a µreliminary subdivision plat. Once the preliminary subdivision plat has been approved. site development plans may be submitted for review concurrent with the submittal of the final plat. No site development plan may be approved until the final plat receives administrative approval. and no building permits may be issued until the final plat is recorded. except for those development amenities which are excluded from the provisions of Section 10.01.01 in accordance with Section 10.02,03.A.2, Where no preliminary subdivision plat is contemplated. one (1) Site Development Plan may be submitted for concurrent review with the final plat at such time as the applicant submits the response to the first staff review comments. Approval of the SDP will be withheld until the final plat has received administrative approval. and no building permits may be issued until the final plat has been recorded, 176 Text underlined is new text to be added Text s:trikethrough is current text to be deleted LDC Amendment ReQuest ORIGIN: Community Development & Environmental Services AUTHOR: Michelle Arnold DEPARTMENT: Code Enforcement AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC4:77 LDC SECTION: 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use LDC SUPPLEMENT #: 1 CHANGE: Inclusion of approved stabilized surface types for designated parking areas associated with residential use. REASON: Approved stabilized surface types for designated parking areas associated with residential use were omitted in the adoption of 04-41, FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Last Revision Date 7/22/05 Amend the LDC as follows: 4.05.03 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use All automobile parking or storage of automobiles in connection with residential structures which are located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map and which are zoned or used for residential uses, shall occur on specifically designed surfaces in a specifically designated area of the lot upon which the residential structure is located, The parking and/or storage of automobiles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: A, Single-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with single-family dwelling units shall be limited to stabilized subsurface base or plastic grid 177 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted stabilization system covered by pervious or impervisusly treated surface areas made of concrete, crushed stone, crushed shell. asphalt, pavers or turf parking systems specifically designed designated for the parking of automobiles, The designated parking area whi€fl may not comprise an area greater than forty (40%) percent of any required front yard,; which~ nonetheless~ may not serve to limit a driveway to a width of less than twenty (20) feet. All parked automobiles shall utilize only the designated pervious or impcrvi9us surface parking areas of the lot. B. Two-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with a two-family structure shall be limited to stabilized pervious or impcrvi9usly treated surface areas made of concrete, crushed stone, asphalt, pavers or turf parking systems specifically designated for the parking of automobiles. The designated parking area shall 'Nhich may not comprise an area greater than fifty (50%) percent of any required front yard,~ except that this shall which, nonetheless will not serve to limit a driveway to a width ffi of less than twenty (20) feet,.=. afiEl--a Separate driveway§. may be provided on each side of the two-family structure-;-;-but, in no case, shall the combined area of both driveways and any other designated parking areas exceed fifty (50) percent of any required front yard. C, Multi-family (i,e, three (3) or more) dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with multi-family dwelling units shall be limited to pervious or impenriously treated stabilized surface areas made of concrete, crushed stone, asphalt, pavers or turf parking systems designated for the parking and storing of automobiles, Pervious or impenriously treated surface aAreas designated for the parking of automobiles shall not exceed a ratio of two and one-half (2:1/2) automobiles per dwelling unit in the event all parking spaces are not located within an enclosed structure or any combination of open air and enclosed structure, D. Where multi-family structures consist of single-family attached (i.e, row houses) dwelling units each with its own driveway to a common access-way, public or private street, all parking of automobiles shall be limited to the driveway and or garage combination. E, Automobiles parked and/or stored in connection with residential dwelling units~ as described above~ shall be owned by the occupants of the dwelling unit or units~ unless the vehicle is owned by a firm, corporation or entity for which a dwelling unit occupant is employed. This provision shall not be construed to apply to automobile vehicles owned by persons or business firms at the site for social or business purposes. F . No other portion of a front yard may be used to park or store automobiles including that portion of the right-of-way not directly a part of the designated driveway or designated parking areas, 178 Text underlined is new text to be added Text strikethrÐugh is eurreRt text to be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner Landscape Amendment Review Committee DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005- Cycle 2 LDC PAGE: 4:97 LDCIUDC SECTION: LDC section 4,06,02. Table 2.4, LDC SUPPLEMENT #: TBD CHANGE: To clarify Type "A" and Type "B" Buffer within PUD's. REASON: Flexibility should be allowed in Type A and Type B landscape buffers for residential PUD'S that have lakes that occur between single family and multi-family developments, FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Amend the LDC as follows: 4.06.02.C.l Types of buffers, Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. When a Alternative A buffer is located within a residential PUD and adiacent to a lake, the required trees may be clustered on common property lines to provide views. Clustered tree plantings shall not exceed 60 feet between clusters. 179 Text underlined is new text to be added Text striketàrougà is eurrent text to be deleted 2, Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting, When a Alternative B buffer is located within a residential PUD and adiacent to a lake. the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in height. _ When the adiacent lake exceeds 1500 feet in width the hedge planting shall not be required. 3. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center, Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of-way requirement of a six- foot wall, fence, hedge, berm or combination thereof, These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass, 4, Alternative D: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein, The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way, Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width, Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. a, Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development. b, A continuous three gallon double row hedge spaced three feet on center of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way, pursuant to section 4.06.05 CA. 180 Text underlined is new text to be added Text stFil.ethFaugh is ElIFFeRt text ta be deleted c, Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous three gallon single row hedge a minimum of 24 inches in height spaced three feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron, d. The remaining area of the required landscape buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas, 181 Text underlined is new text to be added Text striltethrough is eurrent text to be deleted LDC Amendment Reauest ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner Landscape Amendment Review Committee DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005- Cycle 2 LDC PAGE: 4:112 LDCfUDC SECTION: LDC section 4.06.05.1. LDC SUPPLEMENT #: TBD CHANGE: To require specific landscape techniques and engineering standards based on slope conditions, REASON: The LDC does not link slope conditions with appropriate landscape treatments and engineering standards. The current trend in compact site development often requires the use of steep slopes, Flexibility is needed when steep slopes are used with appropriate engineering safe guards and landscape techniques to address health, safety, welfare, and aesthetic issues. FISCAL & OPERATIONAL IMPACTS: There will be additional costs for the landscape and engineering treatments required by this regulation however additional development will be possible through the proper use of steeper slopes, RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None, OTHER NOTES: None, Amend the LDC as follows: 4.06.05. I. =~'!:. ~~3. ,',11 perimeter laR<lso,,!,e beEm' over two fcot in :~ ::~:~: ::~ _~e~n:iHiœ""'.. 't:,Ò~d30:. S:::':'PJ~~~',,: ;~~ ~o~' =tHrl':':~~ ;~~ ;at:o::~: ;:.:'er than furee to one. The toe Ó;¡;¡;~'~~:~£: ;: == o~'" ~<3et !Tom the edge of all ngbt of way and property .1 . ::;:~::.": vegetatio~ shaÌl Ix incorporated into the berms with all slopes fuìi; ~ .. 182 Text underlined is new text to be added Text stril¡ethrough is eurrent text ta be deleted landscaped v¡ith trees, shrubs, and ground cover. Landscape berms shall not be placed within easements without 'l,Titten approval from all entities claiming an interest under said easement. €F. Landscape berms located adjacent to Interstate 75 right of way (I 75), Berms located adjacent to I 75 right of\vay may ha'¡ø a maximum slope of2:1. Such berms shall be planted with native ground cover over a erosion control fabric, and native trees placed at 25 feet on center, equal in height to the height of the berm and located within a minimum ten foot ',vide level planting area, I. Treatment of Slopes: The following landscape and engineering standards shall apply to all landscape areas except for Golf Courses. See: Slope Chart 4,06,05.1, and Slope Cross Sections 4.06.05.1. 183 Text underlined is new text to be added Text stril¡ethrough is £urrent text to be deleted ~,""-,...._,,~._.,_..^ . - I.l) o (,C) o -.::t t:: ca .c U Q) c. ~I ~ o Q) ..c cå Q) Q) (/) .....; s::: Q) E -- ca Q) L. 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CII 'C C «11\:1...'- ¡¡:: -CJ~=: :>0 ~{.Qõ - 0 C CII 0 ~ ... 1\:1 c...... :J ~ã; ~ 10 Ü I\:I.cUlE (I) E'C'C:J '!:: C 5 E :.c e 1\:1 ~ ._ ~ ........ tI C 1\:1 ~æc¡§ ~ :9~:ë tI UI :!: C 'S; Õ ~.- ~E'C~ ..!!!:JoS~ (¡jE~(I) ~ '2 .2 £ . ·Ë.~ õ "'i:t co T'" ñi ..c UI ñi ~ . a. Slopes adiacent to required preserve areas shall be planted with 100% Florida native species. shall provide swales to direct water flow away from preserves. and meet set backs as required by section 3.05.07,H.3. ofthis code. b, Perimeter water management walls shall not exceed 3 feet in height and shall be set back from property lines a minimum of 2 feet. In addition when water management walls are located in landscape buffers the walls shall be consistent with section 4,06.02.D of this code, All water management walls shall be landscaped to provide 80% opacity within 1 year. See Figure 4 below. c, Water management areas with continuous vertical walls exceeding 20 feet in length and/or open vaults are prohibited, d, Vertical Retaining Wall requirements and standards do not apply to headwalls or bridge abutments, e, Architectural finish requires color, texture. and materials that are in common with those used on surrounding structures, Exposed concrete walls are prohibited. Natural appearance requires color, texture, and materials that mimic or occur in nature, 185 Text underlined is new text to be added Text stril.etkrougk is tun-eat text t8 lie deleted '"""""-'-'-"'-^ Slope Cross-Sections 4.06.05.1. ?LA"ITINC AREA ¿EXISTING _ _ _ _ _ _ _ _ _ C:ND PERIMETER BERM ALTERNATIVE" AU lI.CI£: rAC( oF' GABION SHALL B( PLANTED TO PROVIDE: 8ax OPACITY WITHIN ONE YEAA. If F'-M:E IS NOT PtANTEO. GMlION SHAll BE SEi BÞ,CI( ;1' MIN. rROM PROPER'N LINE Pl.J.NnNQ: ARtA PERIMETER BERM ALTERNATIVE "B" N.T,L SLOPE TREATI.4EtlT /PWffING t ARtA ---------------------- PERIMETER BERM ALTERNATIVE "c" IU.s.; 5' ,. 10:1 (MAX.) PlAN11NC ARtA '0:1 (MAX.) I ------------f------------ í[XISTlNG -'. _ GROUNO PERIMETER BERM ALTERNATIVE "0" .,.. 186 Text underlined is new text to be added Text stril.ethr8ugh is current text t8 be deleted íE~ISTIN.O. -1 .GROUND ------------- FIGURE # 1 N:1'.S. FIGURE # 2 N.T.IiI; TURF QRI\SS 4:1 /EXISTlNG J _GROUND F1GURE #3 ILI.$. h _\J RETAINING 1EXIST1NG WALL ORO:UND _.- - FIGURE #4 - PERIMETER WATER MANAGEMENT WALL N.T.j. SLOPE TREATMENTS N.T;!. Slope Treatments 4.06.05.1. 187 Text underlined is new text to be added Text stril.etltreuglt is eurreøt text ta be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Michael Sawyer, Senior Planner Landscape Amendment Review Committee DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005- Cycle 2 LDC PAGE: 4:112 LDCIUDC SECTION: LDC section 4.06.05,C.7, LDC SUPPLEMENT #: TBD CHANGE: To clarify this section of the code and limit the use of synthetic (man made) turf. REASON: The use of synthetic turf systems has detrimental impacts on the landscape. The compacted base and synthetic cover creates impervious areas, increases heat gain, eliminates on-site water quality treatment of storm water runoff, and has the potential to severely increase peak flow runoff. Natural turf benefits our environment by producing oxygen, absorbing pollutants, and recharging aquifers. Synthetic turf systems do not provide these benefits. FISCAL & OPERATIONAL IMPACTS: None, RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None, OTHER NOTES: Other communities prohibit the use of man made (synthetic) turf products due to water management, aesthetic, and environmental issues, Amend the LDC as follows: 4.06.05.C.8 Lav.n grass. Grassed areas shall be planted with species normally grown in permanent Imvns common to the Collier County area, Grassed areas may be sodded, plugged, sprigged, or seeded pro,.ided solid sod shall be used in swales or other areas subject to erosion and provided further, in areas ,,','here other than solid sod or grass seed is used, nursegrass seed shall be so"vn for 188 Text underlined is new text to be added Text strilŒthrough is eurreRt text ta be deleted immediate ground coycrage until permanent covcrage is aehieyed, The use of drought tolerant spccics is advised, Lawn grass, Grassed lawn areas shall be planted with turf grass species normally grown for use as permanent lawns in Collier County. Lawns shall be planted using turf grass sod, plugs, sprigs, or seed installation methods. All water mana ement areas and slo es stee er than 6: 1 6 horizontal to 1 vertical) shall be sodded. The use of drought tolerant turf species is encouraged, Synthetic turf shall not be used in any landscape area except when used in the rear yards of residential lots for the construction of recreation areas that do not exceed 30 percent of the rear yard pervious area, 189 Text underlined is new text to be added Text striIlethraagh is earreøt text te be deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: David Weeks DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC4:120 LDC SECTION: 4.07.02 LDC SUPPLEMENT #: Supplement 1 CHANGE: Provide for additional circumstances where there is no minimum size requirement for a PUD; clarify which urban fringe area is subject to no minimum PUD size requirement; clarify PUD size requirement for portion of PUD separated by intervening street; and, define "infill parcels" that are subject to the two acre minimum size requirement. REASON: Some provisions in the Future Land Use Element (FLUE), Golden Gate Area Master Plan (GGAMP), and Immokalee Area Master Plan encourage PUD zoning and/or contain criteria that are more easily implemented through rezoning to the PUD zoning district. Some properties that could implement these GMP provisions are less than ten acres in size. Also, the neighborhood centers are similar to activity centers in that they allow a variety of commercial development and mixture of uses. One PUD rezone has been approved for property less than ten acres, located in a GGAMP neighborhood center. The Urban Coastal Fringe Subdistrict in the FLUE specifically encourages PUD zoning; however, the Urban Residential Fringe Subdistrict does not. There is no compelling reason to allow PUDs less than ten acres in size within the Urban Residential Fringe Subdistrict. There is no definition of "infill parcels" in the LDC or GMP, The proposed definition reflects past implementation of that term via PUD rezone approvals, Most "infill" properties rezoned to PUD utilized the Residential Infill density bonus provided in the FLUE, or were located within a Subdistrict in the FLUE or GGAMP with the word "Infill" in the title. However, at least one property was rezoned under neither of those scenarios but was adjacent to development on both sides, The proposed definition does not include reference to the Residential Infill density bonus, as deletion of that provision is included in the pending EAR (Evaluation and Appraisal Report)- based GMP amendments, 190 Text underlined is new text to be added Text strilŒtRraugh is eurrent text ta be deleted This section presently provides that a portion of a PUD separated by street right-of-way has a five-acre minimum size requirement; however, it also allows an entire PUD to either have a two- acre minimum size or no size requirement at all. FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to either Collier County or the public, Petitioners pursuing PUD rezones allowed by this amendment are subject to payment of petition fees intended to cover the costs incurred by the County for the process and review of those petitions, RELATED CODES OR REGULATIONS: Future Land Use Element, Golden Gate Area Master Plan Element, and Immokalee Area Master Plan Element of the Growth Management Plan, GROWTH MANAGEMENT PLAN IMP ACT: Approval of this amendment will help to facilitate the rezone of property to implement development provisions contained in the GMP. OTHER NOTESNERSION DATE: This version created on July 25,2005. Amend the LDC as follows: 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS * * * * * * * * * * * * * 4.07.02 Design Requirements * * * * * * * * * * * * * A. Minimum area. 1. The minimum area required for a PUD shall be ten (10) contiguous acres except as otherwise provided for within a specific zoning or overlay district, or when located within an activity center or within the urban coastal fringe areas as designated on the future land use map of the GMP, or when located within a neighborhood center as designated on the golden gate area master plan future land use map or Immokalee area master plan future land use map of the GMP, or when implementing the residential mixed use neighborhood subdistrict or the commercial mixed use subdistrict in the future land use element of the GMP, where no minimum acreage requirements must be met. 2. For infill parcels, as defined in Chapter 1 and the GMP, the minimum area required for a PUD shall be two (2) contiguous acres. For purposes of the planned unit development district only, the term "infill parcels" shall refer to property implementing any of the infill subdistricts identified in the future land use element or golden gate area master plan element of the GMP, or property sharing at least two common boundaries with parcels that are developed, 191 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted ~.>~-,-,.- 3. For a PUD subiect to the minimum area requirement often (0) contiguous acres, the term "contiguous" shall include properties separated by either an intervening planned or developed public street ri2:ht-of-wav: provided, however, no portion of such separated properties shall be less than five (5) acres, For infill parcels. the term "contiguous" shall include properties separated by either an intervening ~lanned or developed public street ri1!ht-of-wav. For a PUD with no minimum area requirement, as identified in section 4.07.02,A.l" that PUD may include properties separated by either an intervening planned or developed public street ri2:ht-of-wav. 192 Text underlined is new text to be added Text stril.ethreH~h is eurreRt text te be deleted LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehom R,A. A.I.A.,Urban Design Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC5:49 LDC SECTION: 5.05,08.C,13.c.i LDC SUPPLEMENT #: Supplement 2 CHANGE: delete one word "reflective" REASON: Misunderstanding clarification. FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was created on November 10, 2004, revised on 080805, Amend the LDC as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * * C. Building Design Standards * * * * * * * * * * * * 13. Materials and colors, a. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. 193 Text underlined is new text to be added Text striketitrauglt is current text ta be deleted b. Exterior building colors. The use of solid black, gray, florescent, primary or secondary colored materials or finish paint is limited to no more than ten percent of a facade or the total roof area, except that naturally occurring materials are permissible, such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs. c. Exterior building materials, The following building finish materials are limited to no more than 33 percent of the facade area: i. Corrugated, or reflective metal panels, and ii. Smooth concrete block, d. Neon tubing, The use of neon or neon type tubing is prohibited on the exterior and the roof of a building. 194 Text underlined is new text to be added Text striketltroltgh is £Hrrent text to he deleted LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehom R.A. A.I.A.,Urban Design Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC5:58 LDC SECTION: 5,05,08,E,2,f. LDC SUPPLEMENT #: CHANGE: Sidewalk width from six feet to five feet. REASON: Match LDC 6,06,02 and ADA requirements FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on November 10, 2004 and revised on 080905, Amend the LDC as follows: Section 5.05.08 Architectural and Site Design Standards E. Site Design Standards. Compliance with the standards set forth in this section must be demonstrated by submittal of architectural drawings and a site development plan in accordance with Section 10,02,03 Site Development Plans ofthis Code. * * * * * * * * * * * * * 2. Pedestrian pathways. a, Purpose and intent. To provide safe opportunities for alternative modes of transportation by connecting with existing and future pedestrian and bicycle pathways within the county and to provide safe passage from the public right-of-way to the building or project which includes the area between the parking areas and the building perimeter walk, and between alternative modes of transportation. 195 Text underlined is new text to be added Text striketltrauglt is eurrent text ta be deleted The on-site pedestrian system must provide adequate directness, continuity, street and drive aisle crossings, visible interest and security as defined by the standards in this Section, b, Pedestrian access standards, Pathways and crosswalks must be provided as to separate pedestrian traffic from vehicular traffic while traveling from the parking space to building entries and from building entries to outparcels and to pathways along adjacent roadways. Pedestrians will only share pavement with vehicular traffic in marked crosswalks. c. Minimum ratios, Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project. Drive aisles leading to main entrances must have at least a walkway on one side of the drive isle. d. Minimum dimensions, Pedestrian pathways must be a minimum of sHE five feet wide, e. Materials. Pedestrian pathways must be consistent with the provisions of Section 4.5 of the Americans with Disabilities Act (ADA), Accessibility Guidelines, Materials may include specialty pavers, concrete, colored concrete, or stamped pattern concrete, f, Building perimeter path, A minimum 6 fcet ,vide 5 feet wide building perimeter path is required as specified below: i, A continuous building perimeter path interconnecting all entrances and exits of a building is required, Emergency "exits-only" are excluded, 11, If parking area is proposed along the building facade within 15 feet rrom a building wall, a building perimeter path must be provided along the full length of the row of parking spaces facing the building. g. Pedestrian crosswalks. Standard crosswalks must be installed at stop- controlled-crossings, Uncontrolled crossings must be high visibility longitudinal lines as shown in the Florida Department of Transportation Roadway and Traffic Design Standards. h, Shade and site amenities. 1. Pedestrian pathways must provide intermittent shaded areas when the walkway exceeds 50 linear feet in length at a minimum ratio of one shade canopy tree per every 50 linear feet of walkway. The required shade trees must be located no more than ten feet rrom edge of the sidewalk. 11. Development plans must include site amenities that enhance safety and convenience and promote walking or bicycling as an alternative means of transportation, Site amenities may include bike racks (as required by Section 4.05,08 of this Code), drinking fountains, canopies and benches. 196 Text underlined is new text to be added Text strikethraugk is current text ta Be deleted LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEP ARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC5:108-109 LDC SECTION: Amend 5.06.04 LDC SUPPLEMENT #: Supplement 2 CHANGE: Adding specifications for pole covering and landscaping of ground signs. Also cross referencing standards for Collier County lands sign permitted under section 2.01.02 of this code, REASON: Clarifying ground sign specifications. FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: None Amend the LDC as follows: 5.06.04 Sign Standards for Specific Situations * * * * * * * * * * * C. On-premise signs, On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subj ect to the restrictions below: 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or ground sign. 197 Text underlined is new text to be added Text stril[etltreuglt is eUFFeBt text ta be deleted Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage, a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector roadway and 12 feet for all other roads, except as provided in this Code for pole or ground, Height shall be measured from the lowest centerline grade of the nearest public or private R.O,W, or easement to the uppermost portion of the sign structure, b. Minimum setback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4,06.05 H, e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to, A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06,03 A, ofthe LDC, f. Ground signs for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: i. For those lots or parcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for comer lots or parcels: a) No portion of the ground sign may be located closer than 10 feet from any property line; b) A planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) The ground sign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; 198 Text underlined is new text to be added Text striltethraugh is £urreßt text ta be deleted d) The ground sign may be double-sided but cannot be placed in a V -shape, and must display identical copy on both faces; e) Any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. 1) The street address for the business( es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) No other free-standing signs will be allowed on the same lot or parcel. ii. In addition, for those lots or parcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for corner lots or parcels but less than 219.9 feet: a) The ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 32 square feet iii. In addition, for those lots or parcels with frontage of 100 to 120,9 feet: a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and The maximum allowable sign area is 16 square feet. 2:. Ground signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building to which the sign is appurtenant. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code. Development of sign planting area landscaping shall be pursuant to Section 4.06.03 A. of this Code. * * * * * * * * * 11. Conservation Collier signs, In addition to other signs allowed by this code, lands acquired for the Conservation Collier Program shall be allowed to have one ground sign having a maximum height of 8 feet and a maximum sign area of 32 square feet to identify the main preserve entrance, This sign shall require a permit and shall be allowed if there is no principle structure on the property, 199 Text underlined is new text to be added Text strilcethF9ugh is eurrent text to be deleted t-h-12. Temporary signs. The erection of any temporary shall require pennitting as established within section 10,02,06 Q, unless otherwise indicated herein, Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code, * * * * * * * * * * * * d. "Coming soon signs". A temporary use permit may be granted, at the discretion of the County Manager or his designee, for a "coming soon" sign located within a non-residential district, This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of temporary use permit a building permit or until the issuance of a permit for the permanent sign, whichever occurs first. A temporary use permit will not be issued until a building permit for the principal structure is applied for. The non- refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. * * * * * * * * * 200 Text underlined is new text to be added Text strilœthro!l¡;h is eHFreot text to be deleted LDC Amendment ReQuest ORIGIN: CDES/Transportation Staff AUTHOR: Russ Muller, Nick Casalanguida & Patrick White DEP ARTMENT: CDES Transportation Engineering Review-Transportation Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDC6:25 LDC SECTION: 6,06.03 LDC SUPPLEMENT #: Supplement 1 CHANGE Add requirement for full cut-off lighting fixtures, remove footcandle reference for internal intersections and clarify entry lighting measurements REASON: Full cut-off fixtures are proposed to be added to reduce glare and sky glow concerns, Other changes are to clarify industry standard lighting measurements, specifically provide for regulations at access/entry points to developments. FISCAL & OPERATIONAL IMP ACTS: The proper use ofroadway lighting as an operative tool provides economic and social benefits to the public including: 1. Reduction in number and severity of night-time accidents, attendant human misery, and economic loss 2. Aid to police protection and security. 3. Facilitate traffic flow, 4, Promote business and public facilities during night hours RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version created on July 1,2005, Amend the LDC as follows: 6.06.03 Streetlights A. Streetlights shall be designed and installed utilizing the IES standards for each street, intersection at required intervals along each street not to exceed 100 feet and at the end of each cul-de-sac:. and may be required at intervals along each street. Such lights may be required on interior streets, alleys, boundary streets, 201 Text underlined is new text to be added Text strilœthrøllgh is ellrrent text to be deleted access paths and the like, The IES standards for this street lighting are.; EPer IESNA RP 8,OOhexcept as below: 1, ..\ minimum of 1.1 foot candles at the center of each internal proj ect intersection is required. 2, ..\ minimum of 1.1 foot candles along internal road'Nays is recommcnded but not required. B. At the entry/exit of any subdivision located on a public County collector or arterial street, the following additional standards shall apply: 1. At the points where the edges of pavement of the entrance road meet the intersecting right-of-way line, the illumination level shall be at or between, a minimum of 2,0 foot candles and maximum of 5,0 foot candles. 2, .At the centerlinc of the entrance road and a minimum of right øf way line, the illumination levcl shall be a minimum of 3,5 foot candlcs, A full cutoff fixture is required on both sides of each entry or exit outside of the intersecting public right-of-way. C. .All light lcvc1s shall be measured at a minimum of approximately four (1) feet above the pavemcnt on a moonless night. All sidewalks not directly lighted by street lighting that interconnect developments must be lighted to pedestrian level standards per IESNA RP-8-00. D, Wherever, in the opinion of the County Manager or designee, based on an engineer's determination, a dangerous condition is created by sharp curves, irregularities in street alignment, or other similar circumstances, additional lights may be required. E. Streetlights and mounting poles shall be wired for underground service. All conduits and casing to be placed under the roadway required for the lights must be installed during each construction phase prior to roadway subbase completion, F, Streetlights shall be designed and installed in either of two (2) ways: 1, Where streetlights are to be installed on private streets, the developer, through an electrical engineer registered in the State of Florida, shall design and install the street lighting system subject to the approval of the County Manager or designee. Upon completion of the streetlights, they shall be owned, operated, and maintained by the property owners' association, a condominium association, cooperative association, or other similar entity, or the public utility furnishing the electric service. 202 Text underlined is new text to be added Text strillethreügh is £ürreRt text ta be deleted 2. Where the streetlights are to be installed on public streets, the developer may elect to initiate a municipal services benefit or taxing unit in coordination with the County Manager or designee in order to provide street lighting. If the municipal services benefit or taxing unit is approved by the BCC, the County Manager or designee shall authorize the public utility to design, install, and maintain the street lighting system at no cost to the County's general fund, If no municipal services benefit or taxing unit is created for public streets, the provision of this section shall govern the design, construction, and maintenance of streetlights, 203 Text underlined is new text to be added Text strilœtltreuglt is eurrent text ta be deleted LDC Amendment Request ORIGIN: BCC Directed AUTHOR: Marjorie M. Student-Stirling DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2,2005 LDC PAGE: LDC9:11 LDC SECTION: 9.04.02 LDC SUPPLEMENT #: Supplement 1 CHANGE: Establishing a variance to allow some removal of/impacts to protected mangrove stands in Plantation Island Subdivision Units One Two and Three to allow limited development pursuant to Agreement {§ 38000032(3)} between the BCC and the Florida Department of Community Affairs, REASON: To avoid a takings claim, FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Section 9,04.00 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: June 15,2005 Amend the LDC as follows: 9.04.02 Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following: height, area and size of structure; height of fence; size of yards and open space; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of and minimum setback for signs; minimum requirements for off- street parking facilities; and for site alterations, regardless of predevelopment vegetation, on lots within the Plantation Island Unit One, Plantation Island Unit Two and Plantation Island Unit Three Subdivision (unrecorded.) * * * * * * * * * * * * 204 Text underlined is new text to be added Text striketJuaugh is current text ta be deleted B. Variances for site alterations. regardless of predevelopment vegetation. on lots within the Plantation Island Unit One. Unit Two and Unit Three subdivisions (unrecorded). 1. Pursuant to the & 380.032(3) Agreement between the Board of County Commissioners and the Department of Community Affairs dated April 26. 2005. regarding Plantation Island Subdivision within the Big Cypress Area of Critical State Concern. a variance from the requirement of Subsection 4.02.14 CA, of the Land Development Code shall be authorized for site alterations. including dredging and filling. of up to 2.500 square feet. regardless of predevelopment vegetation. on a grOUp of adiacent lots under common ownership. including on a single lot if only one lot is owned. within Units One. Two and Three of the Plantation Island Subdivision (unrecorded) located in Section 29. Township 53 South. Range 29 East. in Collier County. Florida utilizing the procedure as set forth in Section 9.04,03 of the Land Development Code and where the proposed development is designed consistent with Big Cypress Critical Area regulations to have a minimum adverse impact on the critical area's water storage capacity. surface water and estuarine fisheries as authorized by Rule 28-25.011. Florida Administrative Code. 205 Text underlined is new text to be added Text strikethreagh is earreRt text te be deleted ~- -........ 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It' _ Æct 8~~ '1: . . ~~ Ô &: ..~ ~ ..'~ ".:.A· .~ a ~ tI.) ~~:::3o~ ::;¡-"'1c-.1<.o O~9@"1to U v 1 . o;§!2v~ o::_~t')-' 00::......"<1'."" 1.L..0m......""" ~¡¿~~N ~<ñ......ð;1; o~~x~ ~~o~o:i NZð: w Text underlined is new text to be added Text strilŒthrough is eurreRt text tB Be deleted D Õ " !!¡f "'"''5 ~u .... In 8 '" '- ~ ~ l..:J Z 1---4. .0::: llJ LoU z: I-f ~ Z LU ~~ o AU ~G:1 ~ R ~ ~ ~O } U ...----........ # LDC Amendment Request ORIGIN: CDES AUTHOR: Barbara Burgeson and Susan Mason DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDCI0:89 LDC SECTION: 10.02.06 D LDC SUPPLEMENT #: Supplement 1 CHANGE: Change from 10 to 25 years the time required for rezoning after clearing for agricultural use without requiring recreation of native vegetation to make consistent with the GMP. REASON: To have this Section of the LDC consistent with the GMP FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Growth Management Plan, GROWTH MANAGEMENT PLAN IMPACT: This change makes the LDC consistent with the GMP, OTHER NOTESNERSION DATE: Amend the LDC as follows: 10.02.06 Submittal Requirements for Permits D, Agricultural land clearing. 1. Land clearing permit, A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of sections 163,3162(4) or 823,14(6), Florida Statues, shall be required for all agricultural operations except as exempted by Sec, 10,02.06 D.1.f, of this Code, 207 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted ,...._..,~,~,_u_ a, Application, An application for an agricultural clearing permit shall be submitted in the form established by the County Manager or his designee. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e,g, division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application, The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: 1. If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by the County Manager or his designee. The ST or ACSC-ST permit review shall be in accordance with Collier County Land development Code Chapter 2, section 2.03,07 and may be simultaneously reviewed with the agricultural clearing permit application. 11, The application, including generalized vegetation inventory and clearing plan as outlined in section 10.02.06 C.2,a, and site visit (if required) confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide agricultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his property, Ill. The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if required by SFWMD. IV, The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. v, The applicant has obtained and produced a copy of the United States Army Corps of Engineers (ACOE) permit or exemption, if required by the ACOE. Vl. The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6,2.9, 6.2,10 and objective 7.3 and associated policies and Collier County Land Development Code section 3.04,00, This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. 208 Text underlined is new text to be added Text strikethrough is enrrent text to be deleted Vll. The property owner, or authorized agent, has filed an executed agreement with the County Manager or his designee, stating that within two years from the date on which the agricultural clearing permit is approved by the County Manager or his designee, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products, The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the tefl-year twenty-five year period required by viii, below, If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate, V111. The property owner, or authorized agent, has filed an executed agreement with the County Manager or his designee stating that the owner/agent is aware that the Collier County Board of County Commissioners will not rezone the property described in the agricultural clearing permit for a period of tefl twenty- five years from the date of approval of the agricultural clearing permit by the County Manager or his designee, unless for any such conversions in less than tefl twenty-five years, the converted land shall be restored with native vegetation to the degree required by this Code. 209 Text underlined is new text to be added Text strikethrough is current text te be deleted LDC Amendment Request ORIGIN: Comprehensive Planning AUTHOR: David Weeks DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDCI0:135 LDC SECTION: 10.02.13 LDC SUPPLEMENT #: Supplement 1 CHANGE: Correcting incorrect cite from re-codification, REASON: Above FISCAL & OPERATIONAL IMPACTS: N/ A RELATED CODES OR REGULATIONS: N/A GROWTH MANAGEMENT PLAN IMP ACT: NI A OTHER NOTESNERSION DATE: June 15, 2005 Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) Procedures * * * * * * * * * * * E. Changes and amendments 1. Substantial/insubstantial changes, Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the planning commission and approval by the board of county commissioners prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the planning commission. For the purpose of this section, a substantial change shall be deemed to exist where: * * * * * * * * * * * 210 Text underlined is new text to be added Text &trikethyoug-h is eurreat text to be åeleted k. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10,02,R.l1. 211 Text underlined is new text to be added Text strikethrough is eurrent text to be deleted LDC Amendment Request ORIGIN: Board directed AUTHOR: C, Fabacher DEP ARTMENT: Zoning & Land Development Review AMENDMENT CYCLE #: Cycle 2, 2005 LDC PAGE: LDClO:114 LDC SECTION: LDC Section 10.03.05 LDC SUPPLEMENT #: Supplement 1 CHANGE: Extend the area of required public notification to property owners in areas not designated as urban on the Future Land Use Map (FLUM) from 1,000 linear feet to 1,500 linear feet for PUD rezoning extension, rezoning and conditional use applications for subject properties located outside of areas designates as urban on the FLUM. REASON: To increase the distance for required public notification for subject properties that are located within lands not designated urban on the FLUM, This particularly applies to areas designated estates and rural areas where, due to lot sizes that range from 5 acres to 2.5 acres to 1.1 acres, the current 1,000 linear foot range generates less property owners than could be desired, FISCAL & OPERATIONAL IMPACTS: Dependent upon the location of property not designated urban on the FLUM in relation to areas designated, the list of property owners to be notified can be quite extensive. This will significantly increase staff time devoted to this process; however, applicants responsible for mailing out notification letters could see a significant increase in postage fees and County fees for providing names and addresses of property owners within the notification range as plotted on the GIS system from the Property Assessor's database, RELATED CODES OR REGULATIONS: 10,03.05 A., B" D" E" and F, for rezonings, PUD rezoning extensions and conditional uses. This would not apply to varIance petitions/applications; therefore, separate provisions need to be created to pull varIance notification requirements out of the notification requirements for rezonings, PUD rezonIng extensions and conditional uses. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: July 25,2005, August 16, 2005, August 24,2005, 212 Text underlined is new text to be added Text strikethrough is CUTTeRt text to be deleted Amend the LDC as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board A. Notice and public hearing where proposed amendment would not change zoning classification of land, Ordinances or resolutions initiated by the board of county commissioners or its designee which do not actually change the official zoning atlas (the zoning designation applicable to a piece of property) but do affect the use of land, including, but not limited to, land development regulations as defined in F.S. § 163,3202, regardless of the percentage ofthe total land area ofthe county actually affected, shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners: 1. The planning commission shall hold one advertised public hearing on the proposed ordinance or resolution, No request for establishment or amendment of a regulation that affects the use of land may be considered by the planning commission until such time as notice of a public hearing on the proposed amendment has been given to the citizens of Collier County by publication of a notice of the hearing in a newspaper of general circulation in the county, at least 15 days in advance of the public hearing. 2. The board of county commissioners shall hold at least one advertised public hearings on the proposed ordinance or resolution, The regular enactment procedure for such ordinance or resolution shall be as follows: The board of county commissioners at any regular or special meeting may enact or amend the ordinance or resolution if notice of intent to same is given at least 10 days prior to said meeting by publication in a newspaper of general circulation in the county. A copy of such notice shall be kept available for public inspection during regular business hours of the office of clerk to the board of county commissioners, The notice of proposed enactment shall state the date, time and place of the meeting, the title of the proposed ordinance or resolution, and the place or places within the county where such proposed ordinance or resolution may be inspected by the public, The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or resolution, B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions, In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county 213 Text underlined is new text to be added Text strikethrough is current text to be deleted commISSIOners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions, 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twice. The first notice shall be sent no less than 30 days after the receipt of a sufficient application by the county manager or designee, The second notice shall be sent at least 15 days in advance of the hearing. Both notices shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notice need not be mailed to any property owner located more than one- half mile (2,640 feet) from the subject property, For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. 9. For subject properties located within areas of the future land use element of the growth management plan that are not designated urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property, For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified, 10. For subiect properties not designated urban on the future land use map of the growth management plan. all of the foregoing provisions and notice requirements apply. except that written notification must be sent: to all property owners whose land lies within a 1,500 linear foot radius of the boundaries of the subiect property, For the purposes of this requirement. the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified. -M!!. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing, H12. The clerk to the board of county commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUD 214 Text underlined is new text to be added Text strikethrÐugh is current text to be deleted amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the board of county commissioners, Y-13. The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. 215 Text underlined is new text to be added Text strikethrough is current text to be deleted LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Catherine Fabacher, Principal Planner, LDC DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDCI0:140 LDCfUDC SECTION: 10.03.05 B,8, LDC SUPPLEMENT #: Supplement 1 CHANGE: Change the time of the required notices to be mailed by the Department of Zoning & Land Development Review to property owners within 500 feet of subject property "no less than 21 days after receipt of a sufficient application" to "no less than 15 days after receipt after receipt of a sufficient application." REASON: The 21 day notice must often be mailed out prior to the publication of the legal advertisement in a newspaper of general circulation. Frequently, times and dates of meeting, agendas and notifications change between the mailing of notices and publication of the legal notice in the newspaper. To eliminate inconsistency between notices letters and legal ads, the required notification period for mail outs from the County is being changed to "no less than 15 days after receipt of sufficient application." In practice, the old 15 day notices were generally sent out 18 days after receipt. FISCAL & OPERATIONAL IMP ACTS: Implementation would eliminate notification errors to property owners and inconsistency between the notice letter and legal notice published in the paper RELATED CODES OR REGULATIONS: LDC Sections 10.03.05 E. (Public Participation requirements for rezonings, PUD amendments, conditional uses, variances and parking exemptions) GROWTH MANAGEMENT PLAN IMPACT: None, OTHER NOTESNERSION DATE: 4:43 p.m, This version was created on September 23, 2005 at 216 Text underlined is new text to be added Text strikethrøugh is eurrent text to be deleted Amend the LDC as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * * * * * * * * * * * B. Notice and public hearing where proposed amendment would change zoning classification of land and for CONDITIONAL USES and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, Rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions, * * * * * * * * * * * 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county at least U 12. days in advance of the hearing. This notice shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notices need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property, For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. 217 Text underlined is new text to be added Text strikethrough is eUrFent text to be deleted LDC Amendment Request ORIGIN: Staff Request AUTHOR: Ray Bellows DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2005 LDC PAGE: LDCI0:175 LDC SECTION: Section 10.08.00 Conditional Use Procedures LDC SUPPLEMENT #: Supplement 1 CHANGE: Require notice of closed status of application for a conditional use by certified mail. REASON: Clarification of the notification process, FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: July 20,2005 Amend the LDC as follows: Section 10.08.00 Conditional Use Procedures K. Conditional use application processing time, An application for a conditional use will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use, for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn, The planning services department will notify the applicant of closure, by certified mail. return receipt requested; however, failure to notify by the county shall not eliminate the "closed" status of a 218 Text underlined is new text to be added Text strikethrough is eurreRt text to be deleted petition, An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subject to the then current code, 219 Text underlined is new text to be added Text strikethrough is £urFl:JHt text ta be deleted