Backup Documents 06/25/2019 Item #17D June 25, 2019
1 7 0
LDCA-PL20180003486
Permanent Emergency Generators
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To:Clerk to the Board: Please place the following as a:
x Normal legal Advertisement Other:
(Display Ad The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements
appear.
Originating Dept/Div: GMD/Zoning Person:Jeremy Frantz Planner
Date:May 29,2019
Petition No.(If none,give a brief description): PL20180003486
Petitioner:(Name&Address):
Name&Address of any person(s)to be notified by the Clerk's office
(if more space is needed,attach separate sheet)
Hearing before X BCC BZA Other
Requested Hearing date- Collier County Board of County Commissioners(BCC)at 9:00 A.M.,June 25,2019.
(Based on advertisement appearing 20 days before hearing
Newspaper(s)to be used (Complete only if important).
xxx Naples Daily News Account#068779 Other Legally Required
Purchase Order No.4500182060
Proposed text:(include legal description&common locations&size. Legal Section Non-Legal Section
Companion petition(s),if any&proposed hearing date
Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs:
131-138326-649100-00000
Reviewed By:
Date: 5/73Y/ftl
iv ion Administrator or Designee
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: if legal documents is involved,be sure that any necessary legal review,or
request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file:to Requesting Division Original
B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file.
FOR CLERK'S OFFICE
Date Received ..5 "-// Date of Public Hearing_1424___Date Advertised ((I / S
„_.
I 7
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
on June 25, 2019, in the Board of County Commissioners meeting room, third floor, Collier Government Center,
3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a
County Ordinance.The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ADD STANDARDS AND
REQUIREMENTS FOR PERMANENT EMERGENCY GENERATORS FOR SINGLE FAMILY AND TWO
FAMILY DWELLINGS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FOUR—SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN
BASE ZONING DISTRICTS;CHAPTER FIVE—SUPPLEMENTAL STANDARDS,ADDING SECTION 5.03.07
PERMANENT EMERGENCY GENERATORS;SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION
FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20180003486]
A copy of the proposed Ordinance is on tile with the Clerk to the Board and is available for inspection.All interested
parties are invited to attend and be heard.
NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation
of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of
any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may he allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material
a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered
by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.
All materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
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 Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356,(239) 252-8380,at
least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CHAIRMAN
CRYSTAL K.KINZEL,
CLERK OF THE CIRCUIT COURT&COMPTROLLER
By esthatncia Morgan
Deputy Clerk(SEAL)
1 7
ORDINANCE NO. 19 —
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, TO ADD STANDARDS AND REQUIREMENTS
FOR PERMANENT EMERGENCY GENERATORS FOR SINGLE
FAMILY AND TWO FAMILY DWELLINGS, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL
STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS;
CHAPTER FIVE — SUPPLEMENTAL STANDARDS, ADDING SECTION
5.03.07 PERMANENT EMERGENCY GENERATORS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20180003486]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold advertised public hearings on February 7, 2019, March 7, 2019, and May 16,
Page 1 of 8
Wordsstruckgh are deleted,words underlined are added
DRAFT 5/29/19
170
2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan
and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on June _, 2019, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
Page 2 of 8
Words struck through are deleted,words underlined are added
J. 7 0
DRAFT 5/29/19
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
Page 3 of 8
Words strut' throughh are deleted,words underlined are added
1713
DRAFT 5/29/19
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* k X X * Y * K X X * X k
SUBSECTION 3.A. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS
FOR PRINCIPAL USES IN BASE ZONING DISTRICTS
Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
* * * * * * * * * * * * *
D. Exemptions and exclusions from design standards.
* * * * * * * * * * * * *
13. Permanent emergency generators may be placed within the rear yard with a 10-
foot rear yard setback. Permanent emergency generators may encroach into
side yards up to 36 inches. Generators are not permitted to encroach into
required front yards. For single-family and two-family dwelling units, see LDC
section 5.03.07 for exceptions and requirements. Above-ground fuel tanks for
the generators are subject to the same setbacks; however, underground tanks
are not subject to setback requirements. In order to reduce noise during required
routine exercising of the generators, this exercising is restricted to operating the
generator for no more than 30 minutes, weekly once every seven days, during
Page 4 of 8
Words ctrucl<through are deleted,words underlined are added
170
DRAFT 5/29/19
the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level limits for
Manufacturing and Industrial uses as set forth in Ordinance 90-17, the Noise
Ordinance, as amended. All permanent emergency generators must be equipped
with sound attenuating housing to reduce noise.
SUBSECTION 3.B. ADDING NEW SECTION 5.03.07 PERMANENT EMERGENCY
GENERATORS
Section 5.03.07 Permanent Emergency Generators, is hereby added to Ordinance 04-41, as
amended, the Collier County Land Development Code, to read as follows:
5.03.07 Permanent Emergency Generators
A. Purpose and Intent. It is the purpose of this section to reduce noise, improve the
aesthetics of mechanical equipment, and protect the public health and safety of
homeowners from the risks associated with combustion engines and the entry of carbon
monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners
who seek shelter at home during periods of electrical power outages.
B. Applicability. Permanent emergency generators for single-family and two-family
dwellings shall be permitted as an accessory use and located in accordance with LDC
section 5.03.07 Table 1.
C. Standards and Requirements.
1. Permanent emergency generators shall adhere to all generator manufacturer's
locational specifications and applicable federal, state, and local code
requirements. The manufacturer's locational specifications shall be concurrently
reviewed with the applicable electrical, structural, mechanical, gas piping, and
storage tank permits.
2. Submittals. At a minimum, the applicant's site plan shall indicate the location and
dimension of the proposed generator, generator exhaust direction and
permanent fuel tank(s) in proximity to the dwelling unit and lot line, and all
Page 5 of 8
Words struck through are deleted,words underlined are added
17D
DRAFT 5/29/19
easements burdening the property, including but not limited to drainage
easements, lake maintenance easements, and/or access easements. The site
plan shall be provided with the building permit application. The written approval
of an easement holder for placement in an easement is required and must be
included with the submittal.
3. Location and Distances. Permanent emergency generators may be located in the
required front, side and rear yard setback in accordance with the following in
Table 1. All distance setback and separation requirements shall be measured
from the most restrictive of the generator's enclosure or exhaust outlet and
adhere to the following:
a. When located underneath the dwelling unit, the exhaust outlet shall be
vented outside of the dwelling unit above the roof line.
b. Generators may be allowed in the front yard, at a distance no greater
than six feet from the dwelling unit in zoning districts with 35 feet front
yard setback or greater and shall require a vegetative screen. For corner
lots, the generator may be allowed in the front yard which has the longest
street frontage utilizing the side yard generator setback standards in
Table 1.
c. Generators located in the rear yard of a waterfront lot shall require a
vegetative screen.
Page 6 of 8
Words struckstfuc-k—thfeugh are deleted,words underlined are added
170
DRAFT f 1 :.
TABLE 1 Generator Setback and Separation Standards (feet)
Principal Structure Setback Generator Distance to
Lot Line
5 or less 1
Greater Than 5 and Up To 7.5 2
Side Yard
Greater Than 7.5 and Up To 20 4
Greater Than 20 10
10 waterfront
Rear Yard
5 non-waterfront
Separation
Distance to Public and Private Road Right-Of-Way 10
Between Mechanical Air Intake Equipment or Other 10
Generator —
Distance from Windows, Soffit Vent, Eaves To the 5
Dwelling, Shrubs and Trees —
Distance from Gas and Electrical Meters, Pool
Pumps, Water and Water Softener Systems, AC 3
Compressors and Landscape Plantings
4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the
generator's exhaust outlet, at least one carbon monoxide detector shall be
installed inside the structure near the exterior wall openings and on each floor
level.
5. Generator Noise and Testing. Generator noise and routine testing shall be in
compliance with LDC section 4.02.1 D.13.
6. Drainage Flow. Maintenance of stormwater drainage shall be as required in LDC
section 6.05.03.
D. Additional Requirements for Diesel and Gasoline Engines. Notwithstanding the
foregoing, diesel or gasoline powered generators shall be set back a minimum of 15 feet
from any lot line.
Page 7 of 8
Words truck h are deleted,words underlined are added
1 7
DRAFT / " b:
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman
Approved as to form and legality:
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/ (5/29/19)
18-LDS-00064
Page 8 of 8
Words true are deleted,words underlined are added
1713
Acct #068779
May 29, 2019
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: PL20180003486 — Permanent Emergency Generators
Dear Legals:
Please advertise the above on Wednesday, June 5, 2019, and send the Affidavit of
Publication, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500195266
170
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
on June 25,2019, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,
3299 Tamiami Trail East,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a
County Ordinance.The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ADD STANDARDS AND
REQUIREMENTS FOR PERMANENT EMERGENCY GENERATORS FOR SINGLE FAMILY AND TWO
FAMILY DWELLINGS,BY PROVIDING FOR: SECTION ONE,RECITALS; SECTION TWO,FINDINGS
OF FACT; SECTION THREE,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FOUR — SITE DESIGN AND
DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR
PRINCIPAL USES IN BASE ZONING DISTRICTS; CHAPTER FIVE—SUPPLEMENTAL STANDARDS,
ADDING SECTION 5.03.07 PERMANENT EMERGENCY GENERATORS; SECTION FOUR,CONFLICT
AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX,EFFECTIVE DATE. [PL20180003486J
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested
parties are invited to attend and be heard.
NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation
of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of
any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material
a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered
by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.
All materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
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 Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at
least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL,JR., CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
1713
1NOTICE OF PUBLIC HEARIr
'NOTICE OF INTENT TO
CONSIDER AN ORDINANCE
.Notice is hereby given th
public hearing will be hel
the Collier County Boari
*County Commissioners
June 25, 2019, in the Boar
-County Commissioners Iv
.inq Room, Third Floor, Cc
Government Center,
Tamiami Trail East, Naple
the Board of County Corr
sioners (BCC) will consider
lenactment of a County (
inance. The meeting will I
Imence at 9 :00 A.M . The
of the proposed Ordinan
as follows:
AN ORDINANCE OF
BOARD OF COUNTY COM
SIONERS OF COLLIER COUI
FLORIDA, AMENDING C
'NANCE NUMBER 04-41 ,
-AMENDED, THE COL
.COUNTY LAND DEVE
.MENT CODE, WHICH
CLUDES THE COIV1PREHEN
LAND REGULATIONS FOR
'UNINCORPORATED AREA
3
I 7 0
-INGS, BY PROVIDING _dressed . Individual sêc ONE, RECITALS; will be limited to 3 mir
_TION TWO, FINDINGS on any item. The selectic
FACT; SECTION THREE, Arany individual to speak or
-TION OF AMENDMENTS1half of an organizatior
-THE LAND D EVE LOPEV7c) rou p is encouraged . If
-CODE, MORE SPECIFICi _ognized by the Chairma
-AMENDING THE FOLLOW spokesperson for a grou
_CHAPTER FOUR — SITE DE:organization may be allc
AND DEVELOPMENT STi - 10 minutes to speak or
ARDS, INCLUDING SEC -item.
-4.02.01 DIMENSIONAL ST4 -
-ARDS FOR PRINCIPAL USE Persons wishing to have
-BASE ZONING DISTRIften or graphic material!
_CHAPTER FIVE — SUPPLEN -cluded in the Board acp
TAL STANDARDS, ADE -packets must submit said
-SECTION 5 .03.07 PERMAN -terial a minimum of 3 viv
-EMERGENCY GENERAT -prior to the respective p
-SECTION FOUR, CONF _hearing. In any case, wr
-AND SEVERABILITY; SEC materials intended to be
_FIVE, INCLUSION IN THE 1sidered by the Board sha
LIER COUNTY LAND DEVE -submitted to the approp
MENT CODE; AND SEC -County staff a minimum
-SIX, EFFECTIVE D -seven days prior to the p
-{PL20180003486] _hearing. All materials USE
presentations- before
_A copy of the proposed ( Board will become a pe
nance is on file with the ( -nent part of the record .
to the Board and is avail
-for inspection. All intere -Any person who decide
-parties are invited to at appeal any decision of
-and be heard . Board will need a recor
4
upon which the appea 1 7
based .
If you are a person with a
ability who needs any ac(
modation in order to pa
pate in this proceeding,
are entitled, at no cost to
to the provision of certair
sistance. Please contact
Collier County Facilities
agement Division, locate'
3335 Tamiami Trail East, 5
101, Naples, FL 34112-5
(239) 252-8380, at least
days prior to the meeting .
sisted listening devices for
hearing impaired are av
ble in the Board of Co
Commissioners Office .
BOARD OF COUNTY COM
SIONERS
COLLIER COUNTY, FLORID.
WILLIAM L. MCDANIEL,
CHAIRMAN
Martha Vergara
Senior Deputy Clerk
co: ontit,4 Office: 239-252-7240
Fax: 239-252-8408
t
E-mail: martha.yergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
,f4d. vov
'INt cot wr, 3329 Tamiami Trail E, Suite#401
Naples, FL 34112
www.CollierClerk.com
5
170
Martha S. Vergara
From: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov>
Sent: Friday, May 31, 2019 10:12 AM
To: CasanovaAlexandra; Martha S. Vergara; NeetVirginia; BosiMichael
Cc: SmithCamden
Subject: RE: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today
Approved.
Respectfully,
Jeremy Frantz, AICP
Land Development Code Manager
From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>
Sent: Friday, May 31, 2019 9:47 AM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>;
BosiMichael <Michael.Bosi@colliercountyfl.gov>; FrantzJeremy<Jeremy.Frantz@colliercountyfl.gov>
Cc:SmithCamden <Camden.Smith@colliercountyfl.gov>
Subject: RE: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today
Good morning all,
Per Camden's review of this ad proof it appears that this ad proof was most likely done with an apple computer and was
embedded instead of being attached.This is how the actual ad will appear in the paper.Jeremy if you can review and
would like to approve the ad in this format so that there is no delay, while we wait for the PDF version, please review
and reply approve or provide signature for ad.
Respectfully,
litexeutdr4 e4d4114u i
Operations Coordinator-Zoning Division
2800 North Horseshoe Drive, Naples,FL 34104
Phone: 239-252-2658
Alexandra.Casanova@colliercountvfl.gov
Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning.
itCO ier County
Exceeding Expectations
From: Martha S.Vergara <Martha.VergaraPcollierclerk.com>
Sent:Thursday, May 30, 2019 4:49 PM
To:CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; NeetVirginia <Virginia_Meet@colliercoun.ytgoy>;
BosiMichael <Michael.Bosi2colliercountvfl,gov>
Subject: LDCA(Permanent Emergency Generators)Ad proof as sent at 4:38 pm today
1
170
Martha S. Vergara
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Friday, May 31, 2019 10:16 AM
To: Minutes and Records
Subject: FW: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today
From: FrantzJeremy
Sent: Friday, May 31, 2019 10:12 AM
To: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; Martha S.Vergara
<Martha.Vergara@collierclerk.com>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; BosiMichael
<Michael.Bosi@colliercountyfl.gov>
Cc: SmithCamden <Camden.Smith@colliercountyfl.gov>
Subject: RE: LDCA(Permanent Emergency Generators)Ad proof as sent at 4:38 pm today
Approved.
Respectfully,
Jeremy Frantz, AICP
Land Development Code Manager
From: CasanovaAlexandra <Alexandra.Casanova@colliercountvfl.gov>
Sent: Friday, May 31, 2019 9:47 AM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>; NeetVirginia <Virginia.Neet@colliercountvfl.gov>;
BosiMichael<Michael.Bosi@colliercountyfl.gov>; FrantzJeremy<Jeremy.Frantz@colliercountyfl.gov>
Cc:SmithCamden <Camden.Smith@colliercountyfl.gov>
Subject: RE: LDCA(Permanent Emergency Generators) Ad proof as sent at 4:38 pm today
Good morning all,
Per Camden's review of this ad proof it appears that this ad proof was most likely done with an apple computer and was
embedded instead of being attached.This is how the actual ad will appear in the paper.Jeremy if you can review and
would like to approve the ad in this format so that there is no delay, while we wait for the PDF version, please review
and reply approve or provide signature for ad.
Respectfully,,4 //��
a LA�La e4detwoua
Operations Coordinator-Zoning Division
2800 North Horseshoe Drive, Naples,FL 34104
Phone: 239-252-2658
Alexandra.Casanova@colliercountyfl.gov
Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning.
Co -ter oulity
1
1 7
Martha S. Vergara
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Friday, May 31, 2019 11:15 AM
To: Minutes and Records
Cc: Ann P. Jennejohn; RodriguezWanda; CasanovaAlexandra
Subject: FW: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today
Ann:
See below.
Thank you!!
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do riot send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
From:AshtonHeidi
Sent: Friday, May 31, 2019 11:10 AM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Cc: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov>
Subject: FW: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today
Approved.
7Tei� fiion-riicko
Heidi Ashton-Cicko
Managing Assistant County Attorney
Office of the Collier County Attorney
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
(239) 252-8400
From: RodriguezWanda
Sent: Friday, May 31, 2019 11:08 AM
To:AshtonHeidi<Heidi.Ashton@colliercountyfl.Rov>; NeetVirginia <Virginia.Neet( colliercountvfl.gov>
Subject: RE: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today
The title is complete and correct.
1
17E1
Martha S. Vergara
To: GRSC-West-Legals mbx
Subject: RE: 3600650 - LDCA-PL20180003486 Permanent Emergency Generators
Importance: High
Just got word from the county attorney's office this ad proof is approved.
But that if the ad runs incorrectly that it will have to be re-run at no cost.
So proceed with publishing as requested.
Thanks,
Martha
From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com>
Sent: Monday,June 3, 2019 9:01 AM
To: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: 3600650- LDCA-PL20180003486 Permanent Emergency Generators
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Our PDFs are not working, the screenshots are the complete proof. We can not provide
anything else and that is a valid proof
From: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Sent: Monday,June 3, 2019 7:59 AM
To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com>
Subject: RE: 3600650- LDCA-PL20180003486 Permanent Emergency Generators
If I need the County Attorney to call to get the ad proof in a pdf let me know so that can
happen ASAP.
From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com>
Sent: Monday,June 3, 2019 8:56 AM
To: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: 3600650- LDCA-PL20180003486 Permanent Emergency Generators
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
That is a complete proof.
1 7 0
Martha S. Vergara
From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com>
Sent: Monday, June 3, 2019 10:46 AM
To: Martha S. Vergara
Subject: RE: 3600650 - LDCA-PL20180003486 Permanent Emergency Generators
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Your notice is set to publish as scheduled.
Thanks,
Kia Thor
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
Office: 239-263-4700, option 4
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent: Monday,June 3, 2019 9:35 AM
To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com>
Subject: RE: 3600650- LDCA-PL20180003486 Permanent Emergency Generators
Importance: High
Just got word from the county attorney's office this ad proof is approved.
But that if the ad runs incorrectly that it will have to be re-run at no cost.
So proceed with publishing as requested.
Thanks,
Martha
From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.corn>
Sent: Monday,June 3, 2019 9:01 AM
To: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: 3600650 - LDCA-PL20180003486 Permanent Emergency Generators
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
AV Public Notices 1 7,SD.
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER AN ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on
June 25, 2019, in the Board of
County Commissioners Meet-
ing Room, Third Floor, Collier ,�c-,
Government Center, 3299 <Public Notices
Tamiami Trail East, Naples FL., terial a minimum of 3 weeks
the Board of County Commis-
sioners (BCC)will consider the hearing. In any case, written
enactment of a County Ordi- materials intended to be con-
nance. The meeting will corn- sidered by the Board shall be
mence at 9:00 A.M. The title submitted to the appropriate
of the proposed Ordinance is County staff a minimum of
as follows: seven days prior to the public
AN ORDINANCE OF THE
hearing. All materials used in Z
presentations before the
Board
BOARD•OF COUNTY COMMIS- willi becomer
SIONERS OF COLLIER COUNTY, Bont part o tee record.a perms- m
FLORIDA, AMENDING ORDI- Vl
NANCE NUMBER 04-41, AS Any person who decides to ei
AMENDED, THE COLLIER appeal any decision of the
COUNTY LAND DEVELOP-CN Board will need a record of to
MENT CODE, WHICH IN- the proceedings Pertaining h
CANOES THE COMPREHENSIVEN thereto and therefore, may LAND OEGOLATIONS FOR THE need to ensure that a verbs C
COLLIER O COUNTY,NED AREA OF tim record of the proceedings
COLLIER AND FLORIDA, is made, which record includes
TO ADD STANDARDS AND RE- the testimony and evidence
PEENTWT EMERGENCY GENERA-
N NTS FOR GENERA- the
which the appeal is
m
based:
TORS FOR SINGLE FAMILY r
AND TWO FAMILY DWELL- If you are a person with a dis- Z
SECTION ONE, RECITALS; SEC-INCI BY PROVIDING FOR: ability who needs any accom-
onin orderto partici-
>
TION TWO, FINDINGS OF
modati
FACT; SECTION THREE, ADOP- pate in this proceeding, you -< .
TION OF AMENDMENTS TO are entitled, at no cost to you,
THE LAND DEVELOPMENT to the provision of certain as- C
CODE, MORE SPECIFICALLY sistance. Please contact the Z
AMENDING THE FOLLOWING: ' Collier County Facilities Man- m
CHAPTER FOUR—SITE DESIGN agement Division, located at N
AND DEVELOPMENT STAND- 3335 Tamiami Trail East, Suite w
ARDS, INCLUDING SECTION 101, Naples, FL 34112-5356, o
4.02.01 DIMENSIONAL STAND- (239) 252-8380, at least two 1 m
ARDS FOR PRINCIPAL USES IN days prior to the meeting. As-
BASE ZONING DISTRICTS; sisted listening devices for the ma
CHAPTER FIVE — SUPPLEMEN- hearing impaired are availa- p
TAL STANDARDS, ADDING ble in the Board of County w
SECTION 5.03.07 PERMANENT Commissioners Office. 0
EMERGENCY GENERATORS;SECTION FOUR, CONFLICT BOARD OF COUNTY COMMIS-
IGNRS
AND SEVERABILITY; SECTION COLLIER COUNTY,FLORIDA
FIVE, INCLUSION IN THE COL- WILLIAM L. MCDANIEL, JR.,
LIEN COUNTY LAND DEVELOP- CHAIRMAN
MENT CODE; AND SECTION
SIX, EFFECTIVE DATE. CRYSTAL K.KINZEL,CLERK
[PL20180003486] By: Martha Vergara, Deputy
A copy of the proposed Ordi- Clerk
nance is on file with the Clerk (SEAL)
to the Board and is available June 5,2019 #3600650
for inspection. All interested
parties are invited to attend
and be heard.
NOTE: All persons wishing to
speak on any agenda item
must register with the County
manager prior to presentation
of the agenda item to be ad-
dressed. Individual speakers
will be limited to 3 minutes
on any item. The selection of
any individual to speak on be-
half of an organization or
group is encouraged. If rec-
ognized by the Chairman, a
spokesperson for a group or
organization may be allotted
1 10 minutes to speak on an
item.
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
1
capiii
DkIILU \rIUE1
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL34110
BCC ZONING DEPARTMEN T
3299 TAMIAMI TRL E 700
NAPLES,FL 34112
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared Vicky Felty who on oath says that she
serves as legal clerk of the Naples Daily News,a daily
newspaper published at Naples,in Collier County,Florida;
distributed in Collier and Lee counties of Florida;that the
attached copy of the advertising was published in said
newspaper on dates listed.Affiant further says that the said
Naples Daily News is a newspaper published at Naples,in
said Collier County,Florida,and that the said newspaper has
heretofore been continuously published In said
Collier County,Florida;distributed in Collier and Lee
counties of Florida,each day and has been entered as
second class mail matter at the post office in Naples,in
said Collier County, Florida,for a period of one year next
preceding the first publication of the attached copy of
advertisement;and affiant further says that he has neither
paid nor promised any person,or corporation any discount,
rebate,commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
June 5,2019
Subscribed and sworn to helot,on June 6,2019:
cL .L YYI.uv%.d_A-oc--'
Notary,State of WI,County of Brown
TARA MONDLOCH
NI, Notary Public
State of Wisconsin
My commission expires August 6,2021
Publication Cost:$511.00
Ad No:0003600650
Customer No:1303809
PO#:4500195266
NOTICE OF PULIC
NOTICE OF NTE INTENT TOARING 1 7 ,E)
CONSIDER AN ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on
June 25,2019,in the Board of
County Commissioners Meet-
ing Room,Third Floor,Collier
Government Center, 3299
Tamiami Trail East,Naples FL..
the Board of County Commis-
sioners(BCC)will consider the
enactment of a County Ordi-
nance.The meeting will com-
mence at 9:00 A.M. The title
of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONER3JF COLLIERCOUNTY,
FLORIDA,AMENDING ORDI-
NANCE NUMBER 04-41 AS
AMENDED, THE COLLIEF
COUNTY LAND DEVELOP
MENT CODE, WHICH IN-
CLUDESTHE COMPREHENSIVI
LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF
COLLIER COUNTY,FLORIDA,
TO ADD STANDARDSAND RE.
QUIREMENTS FOR PERMA-
NENT EMERGENCY GENERA
TORS FOR SINGLE FAMILY
AND TWO FAMILY DWELL-
INGS,BY PROVIDING FOR
SECTIONONE.RECITALS;SEC
TION TWO, FINDINGS OF
FACT;SECTIONTHREE,ADOP-
TION OF AMENDMENTS TO
THE LAND DEVELOPMENI
CODE,MORE SPECIFICALL
AMENDING THE FOLLOWING:
CHAPTERFOUR-SITEDESIGf\
AND DEVELOPMENT STAND-
AR DS.INCLUDING SECTIm
4 02 01 DIMENSIONAL STAND-
ARDS FOR PRINCIPALUSESIN
BASE ZONING DISTRICT
CHAPTER FIVE - SUPPLEMEN
TAL STANDARDS , ADDING
SECTION 5 03 07 PERMANEN1
EMERGENCY GENERATOR
SECTION FOUR, CONFLICI
AND SEVERABILITY; SECTIm
FIVE, INCLUSION IN THE COL-
LIER COUNTY LAND DEVELOP
MENT CODE; AND SECTIm
SIX, EFFECTIVE DATE
[PL201800034861
A copy of the proposed Ordi-
nance is on file with the Clerk
to the Board and is available
for inspection All interested
parties are invited to attend
and be heard
NOTE:All persons wishing to
speak on any agenda item
must register with the County
manager prior to presentation
of the agenda item to be ad-
dressed Individual speakers
will be limited to 3 minutes
on any item The selection of
any individual to speak on be-
half of an organization or
group is encouraged If rec-
ognized by the Chairman,a
spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing In any case,written
materials intended to be con-
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
seven days prior to the public
hearing All materials used in
oresenlations before the
Board will become a perma- 1 7 0
Went part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings peitaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedings
is made,which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East, Suite
101,Naples,FL 34112-5356,
(239)252-8380,at least two
days prior to the meeting.As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L.MCDANIEL,JR.
CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By:Martha Ver gara,Deputy
Clerk
(SEAL)
June 5,2019 #3600650
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office HFAC 6/25/19
4. BCC Office Board of County
Commissioners \ vr/ \71,1\G\
5. Minutes and Records Clerk of Court's Office W2-12Al4;G$prvi
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Wanda Rodriguez,ACP Phone Number 252-8123
Contact/ Department Office of the County Attorney
Agenda Date Item was 6/25/19 v Agenda Item Number 17D Ve'
Approved by the BCC
Type of Document Ordinance 2019-!, amending Ord.04-41, Number of Original 1
Attached the Collier Co. Land Development Code Documents Attached
(residential perm. emergency generators)
PO number or account N/A
number if document is C OfL I ,3
to be recorded `1
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed HFAC
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the HFAC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HFAC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into Accela.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/25/19 and all changes made during the HFAC
meeting have been incorporated in the attached document. The County Attorney's an.op
Office has reviewed the changes,if applicable. , li ;
9. Initials of attorney verifying that the attached document is the version approved by the =� is.r,�u
BCC,all changes directed by the BCC have been made,and the document is ready for e 1"' ,; or
Chairman's signature.
170
MEMORANDUM
Date: June 27, 2019
To: Wanda Rodriguez
Office of the County Attorney
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Validated Ordinance 2019-13: PL20180003486
(residential perminate emergency generators)
Enclosed please find a copy of the resolution (Agenda Item #17D)
referenced above, approved by Board of County Commissioners on
Tuesday, June 25, 2019.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
17D
Teresa L. Cannon
From: Teresa L. Cannon
Sent: Thursday,June 27, 2019 8:43 AM
To: 'countyordinances@dos.myflorida.com'
Subject: CLL Ordinance 2019-0013
Attachments: CLL20190625_Ordinance2019_0013.pdf
SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT
MINUTES&RECORDS DEPARTMENT
SENDER'S PHONE: 239-252-8411
COUNTY: COLLIER(CLL)
ORDINANCE NUMBER: 2019-0013
Teresa Cannon
BMR Senior Clerk II
t tit xr ` Office: 239-252-8411
Fax: 239-252-8408
r i
�' Teresa.Cannon@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
,f 3299 Tamiami Trail E, Suite#401
kt,n,,v.‘" Naples, FL 34112-5746
www.CollierClerk.com
1
170
ORDINANCE NO. 19 — 13
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, TO ADD STANDARDS AND REQUIREMENTS
FOR PERMANENT EMERGENCY GENERATORS FOR SINGLE
FAMILY AND TWO FAMILY DWELLINGS, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE
FOLLOWING: CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT
STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL
STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS;
CHAPTER FIVE — SUPPLEMENTAL STANDARDS, ADDING SECTION
5.03.07 PERMANENT EMERGENCY GENERATORS; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE. [PL20180003486]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold advertised public hearings on February 7, 2019, March 7, 2019, and May 16,
Page 1 of 8
Wordsstruckgh are deleted,words underlined are added
17D
2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan
and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on June 25, 2019, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
Page 2 of 8
Words struck through are deleted,words underlined are added
170
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
Page 3 of 8
Words struck through are deleted,words underlined are added
170
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* * * * * * * * * * * * *
SUBSECTION 3.A. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS
FOR PRINCIPAL USES IN BASE ZONING DISTRICTS
Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
* * * * * * * * * * * * *
D. Exemptions and exclusions from design standards.
* * * * * * * * * * * * *
13. Permanent emergency generators may be placed within the rear yard with a 10-
foot rear yard setback. Permanent emergency generators may encroach into
side yards up to 36 inches. Generators are not permitted to encroach into
required front yards. For single-family and two-family dwelling units, see LDC
section 5.03.07 for exceptions and requirements. Above-ground fuel tanks for
the generators are subject to the same setbacks; however, underground tanks
are not subject to setback requirements. In order to reduce noise during required
routine exercising of the generators, this exercising is restricted to operating the
generator for no more than 30 minutes, weekly once every seven days, during
Page 4 of 8
Words struckgh are deleted,words underlined are added
170
the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level limits for
Manufacturing and Industrial uses as set forth in Ordinance 90-17, the Noise
Ordinance, as amended. All permanent emergency generators must be equipped
with sound attenuating housing to reduce noise.
X * * * * * X X * of
SUBSECTION 3.B. ADDING NEW SECTION 5.03.07 PERMANENT EMERGENCY
GENERATORS
Section 5.03.07 Permanent Emergency Generators, is hereby added to Ordinance 04-41, as
amended, the Collier County Land Development Code, to read as follows:
5.03.07 Permanent Emergency Generators
A. Purpose and Intent. It is the purpose of this section to reduce noise, improve the
aesthetics of mechanical equipment, and protect the public health and safety of
homeowners from the risks associated with combustion engines and the entry of carbon
monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners
who seek shelter at home during periods of electrical power outages.
B. Applicability. Permanent emergency generators for single-family and two-family
dwellings shall be permitted as an accessory use and located in accordance with LDC
section 5.03.07 Table 1.
C. Standards and Requirements.
1. Permanent emergency generators shall adhere to all generator manufacturer's
locational specifications and applicable federal, state, and local code
requirements. The manufacturer's locational specifications shall be concurrently
reviewed with the applicable electrical, structural, mechanical, gas piping, and
storage tank permits.
2. Submittals. At a minimum, the applicant's site plan shall indicate the location and
dimension of the proposed generator, generator exhaust direction and
permanent fuel tank(s) in proximity to the dwelling unit and lot line, and all
Page 5 of 8
Words struck through are deleted,words underlined are added
17D
easements burdening the property, including but not limited to drainage
easements, lake maintenance easements, and/or access easements. The site
plan shall be provided with the building permit application. The written approval
of an easement holder for placement in an easement is required and must be
included with the submittal.
3. Location and Distances. Permanent emergency generators may be located in the
required front, side and rear yard setback in accordance with the following in
Table 1. All distance setback and separation requirements shall be measured
from the most restrictive of the generator's enclosure or exhaust outlet and
adhere to the following:
a. When located underneath the dwelling unit, the exhaust outlet shall be
vented outside of the dwelling unit above the roof line.
b. Generators may be allowed in the front yard, at a distance no greater
than six feet from the dwelling unit in zoning districts with 35 feet front
yard setback or greater and shall require a vegetative screen. For corner
lots, the generator may be allowed in the front yard which has the longest
street frontage utilizing the side yard generator setback standards in
Table 1.
c. Generators located in the rear yard of a waterfront lot shall require a
vegetative screen.
Page 6 of 8
Words struck through are deleted,words underlined are added
170
TABLE 1 Generator Setback and Separation Standards (feet)
Principal Structure Setback Generator Distance to
Lot Line
5 or less 1
Greater Than 5 and Up To 7.5 2
Side Yard
Greater Than 7.5 and Up To 20 4
Greater Than 20 10
10 waterfront
Rear Yard
5 non-waterfront
Separation
Distance to Public and Private Road Right-Of-Way 10
Between Mechanical Air Intake Equipment or Other 10
Generator —
Distance from Windows, Soffit Vent, Eaves To the 5
Dwelling, Shrubs and Trees —
Distance from Gas and Electrical Meters, Pool
Pumps, Water and Water Softener Systems, AC 3
Compressors and Landscape Plantings
4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the
generator's exhaust outlet, at least one carbon monoxide detector shall be
installed inside the structure near the exterior wall openings and on each floor
level.
5. Generator Noise and Testing. Generator noise and routine testing shall be in
compliance with LDC section 4.02.1 D.13.
6. Drainage Flow. Maintenance of stormwater drainage shall be as required in LDC
section 6.05.03.
D. Additional Requirements for Diesel and Gasoline Engines. Notwithstanding the
foregoing, diesel or gasoline powered generators shall be set back a minimum of 15 feet
from any lot line.
Page 7 of 8
Words struck through are deleted,words underlined are added
170
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 25th day of June, 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
7)* . •
'`/VEL12 By: • !._:-4 ,4-t4e--*/
Attest as to Chairm dvuty Clerk W f LIAM L. MCDANIEL, JR.; Chairman
^inn3ture only.
Approved as to form and legality:
This ordinance filed with the
� r'; � i l
Secretary of $.ate's Office the
Heidi F. Ashton-Cicko ( 1 day of
Managing Assistant County Attorney end rckno.Y' drei,�,=tit �f t";at
firn_g_received this al dry+,(
04-CMD-01077/1810(6/25/19) of �+
18-LDS-00064
Clerk
Page 8 of 8
Words struck through are deleted, words underlined are added
„,.',ii, „i, 1 7 D
j Ljii
**,,.:Itit
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
June 27, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-13, which was filed in this office on June 27, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
D �m,, CU 0 A 171]
GC
-< Or CD cU
-< O m CD =
O = c-- 0
Q0 '- r ii
= C -< o
5 2z c. CO
N.
D auK � o o CD
00 m c-75z mp zn \ �
z rn
S u O --i ° z 11- .
--+ p c o
r rn2 0 •
m O Z xi W
CJI
D rn m c'w
- 1 r 0 m -I D
X) O 0 C.400 o D
=Im Darn
Z --T, Zoo oCC
73
Cr3 =
a
m � o ; Q
oT mo
oo c on 170 � o
CO m -'m 7 ox y
e-l.
0 7 - Ozzm - 3
Cc0CD N
-1 cn ;p m .-' 4. Co
m m - C7U' mo C -tea
1-m rn o O z co D J '"-0_
-I �S 0
el"
O 007 Z iu o
- r _i 70 O 2
N
-I o0 CJ) ° per
tm O � Z CI
C7 � m pD � p
— 0
n r -z+ Z' -Iom ‘
1 w cn m �'
-D D m m --i � En- =
m O
m � 01,
z ,
Ca rn I x D mr
m 0 � p � o
O rn 1
Z < z CO 0 E `
n = � O m =
1- m rn Z 70 D
> 0 z 1— , rr--
-< m = = p
x m m ,o
cn0 Pm \N
z = mz
77 O z
-i
z �
mz