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Pursue an Overpass at lmmokalee Rd. and Llving-It Rd. S—Phone Congestion Study from Livingston Road to Logan Boulevard B.A. FCC Beach & Yacht, LLC, filed an appeal of Official Interpretrti NT- d. PL202100009a3 Old food tmch are permitted —,8.B. FCC Beac h & Yacht, LLC, filed an appeal of the ad—istrrtive approval of th David Rippe djrsunshine@gmail.mm (/02)621-11/3 Development Plan SDP- Stt.Yes B.C. SmartPhone P120200001903, footl trod park,0.C. Appeal of Official Itv-prrtat '. INT- on P1202100009a3thatfood [rucks are permMed us 12.A. R— mendrtipn thrt the Board...pt wfth---t four motions filed Wit. owner of [he pro —d ISIes of Capri Food T—k Park 8.8. FCC Beach & Yacht, LLC, filed an appeal of the atlministrative Jli, Yes Mike Lotz mkI-@—k—.iI. (716)904254 app—o the Site Development Plan SDP PL20200001903, food 8.8 Laptop __...._ _. k.f truck . Yes Pat SCM1u11z PicM1URz2526@Icloud.com 042256-2235 o C.C. Appeal f Official Interpretation INT Food [ruck court P 1102100009 3th tf otl trucks p milted uses Desktop It. A. FCC Bea h & Y ht, LLC, filed ppeal of Official ln-p—ti onINT- p-2100009a3 that food [ I*t are permieed uses,B. B. FCC Bea. No Tina Lutz tlutz@mm.ast.nel (3131920-1368 h&Yacht, LLC, filed an appeal of the ad,inl tdI,,approval of th Food tsutla S—Phone e She Development Plan 5DP- PI20200001903, footl trod park.B.C. Appeal of OffidA Interp—t Ion INT-PL202100009a3 that food ttdd are pe &W uses Items F8A #8B #8C '9A 'F5 n_, � (� CYI< COLEMAN I YOVANOVICH I KOESTER p , vCJ liCi �C� V 4001 Tamiami Trail North, Suite'300 Naples, Florida 34103 T:239.435.3535 1 F:239.435.1218 Land Development Code Sections and County Documents Referenced in Appeals Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 October 12, 2021 9: 00 AM 8.A. *** This Item to be heard no sooner than 1:00 p.m. *** FCC Beach & Yacht, LLC, filed an appeal of Official Interpretation INT-PL20210000943 that food trucks are permitted uses in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) Zoning Districts. [PL20210002121], (Companion to items 8B & 8C) (District 4, All Districts) 8.B. *** This Item to be heard no sooner than 1:00 p.m. *** FCC Beach & Yacht, LLC, filed an appeal of the administrative approval of the Site Development Plan SDP-PL20200001903, pursuant to Code of Laws and Ordinances Section 250-58, which authorized the development of a food truck park in the Commercial Intermediate District (C-3) Zoning District. The subject properties are located at 300, 320, 322 Capri Boulevard and 218 Kon Tiki Drive in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [PL20210001944], (Companion to items 8A & 8C) (District 1) 8.C. *** This Item to be heard no sooner than 1:00 p.m. *** Paul M. Grider and Tametha Grider, as trustees of the Grider Revocable Living Trust filed an appeal of Official Interpretation INT- PL20210000943 that food trucks are permitted uses in the Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) Zoning Districts to clarify that the Official Interpretation is not site specific but applies County -wide to all properties designated within the C-2 and C-3 Zoning Districts. [PL20210002241] (Companion to items 8A & 86) (District 1) Prepared for: Court Reporter Table of Contents Tab No. Document A FCC Beach & Yacht, LLC PowerPoint Presentation 1 2019 LDC_1.06.01 — Responsibility for Interpretations 2 2019 LDC 2.02.03 — Prohibited Uses 3 2019 LDC 2.03.00 — Zoning Districts; Permitted Uses 4 2019 LDC_2.03.03 — Commercial Zoning Districts 5 2019 LDC_l0.02.06 — Requirements for Permits 6 2019 LDC_10.03.06 — Public Notice & Required Hearings for Land Use 7 2019 LDC_Chapter 2 — Zoning District C-2 8 2019 LDC_Chapter 2 — Zoning District C-3 9 2020 LDC_Section 250-58 — Appeal from decision of administrative official 10 2020 LDC_1.06.01 — Responsibility for Interpretations 11 2020 LDC 2.02.03 — Prohibited Uses 12 2020 LDC 2.03.00 — Zoning Districts; Permitted Uses 13 2020 LDC_2.03.03 — Commercial Zoning Districts 14 2020 LDC_10.02.06 — Requirements for Permits 15 2020 LDC_10.03.06 — Public Notice & Required Hearings for Land Use 16 2020 LDC 10.08.00 — Conditional Use Procedures 17 2020 LDC_Chapter 2 — Zoning District C-2 18 2020 LDC_Chapter 2 — Zoning District C-3 19 Email from Commissioner Solis to Joan Coyne re: proposed Isles of Capri Food Truck Park, dated March 22, 2021 20 Naples Daily News Public Notice of HEX Hearing, dated 9.2.2016 V� ct N N O O O cN a ct T1 ct O °� O � � v� c O N r�� O U 03 Q 0 0 w 00 O N O � 'Z O O c � O �+ U ct O � O O � • O ct ti N v1 ct a Q � O � O p ct � � O • ct O �ct 3 Ct o •m OM O, O p N 7O ct ct cd ct '� O O O N 'O •� a`�> a� by C3ct >> 3 U ,� ¢' O ct O r•• > ct v� U m O O Ct o p ct a� j .� • ^� �" U c� CA ct "C O ,-O � •� ,U � •� � O > p" CC3 Qn cn � c > E 3 4-4 � U U ct >, "0 JS 4 � ct N O O O O.,tl�, I • a� �— O v; ..� ctct • O • O a� a� O ct .� cri U 4,., � d A �.�ct Q O CIO O� U; 4-4 • � M • N 3 O •° c4 , ON QO �, s•. c," E—� .� -ci cn Ct U • -, Q, o ct •� •~ ~ •� W •~ U •~ � _� C" U N Q C,3 w 3 � o .0 O C,3jz U Q C� ~ ct O m � N M q) = , t� 4-� N .c N ct y C� +, ': 'ROO O p U � N v � v � (A e. -4- 4 U • v O c1 O Con ct N O � 4—j � * N * ct 7� CZ o Q� •ct o un con ct LIZ� U �C,3 CA 3.� t 3 o U CA c I° ' .� U M C�3 a� O ct �3 0 � cn o a C) 0� �o 3 0 � � � o V)3`t ct 7 R Ct cn o v � O � a� 11 v Z3 c 0 U rA ell � N 4 •� N c- 7� ct 4� Ct . .ct O c't N U -x- N � ct ct r, O U � N 4-4 N ct ct N U � O ;--4 O a '= C-) ;-4 N • I • � m ` CA cn Ct cn P-4 ct ct ct • CA Ct O ctCt^ O Ct ct U �; • r" N Ct O ct US cn Ct Opw �' • N • O Qm N V' —+ct. 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O •'_' i. U r"' C O C'v� U o --9za� Cd y > U .. w U o O U � � U 04 4-4 0-0 Ct O � � > o ct ... C� C� y Q.)r..� ct ¢ cd •� u U -� cc O p 3 U Qj > c oj A C N O O Cr •cn � cc CJ O r% Q .-� N Collier County, FL Land Development Code 1.06.01 -Responsibility for Interpretations about:blank A. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries of land use districts on the future land use map. B. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits. C. During the course of review of a development order or permit, as the case may be, should an applicant and staff be unable to concur on the application of a specific provision or provisions of this LDC, the County Manager or designee shall be authorized to make a final determination. D. Request for Official Interpretation. The County Manager or designee may render an official interpretation of any part of the LDC. The building official may render an official interpretation of any part of the Florida Building Code. 1. Generally. An official interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. 2. Procedure. The Administrative Code shall establish the procedure and submittal requirements for an official interpretation. 3. Request Criteria. Each request must identify the specific LDC or building code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set forth in the fee resolution adopted by the Board of County Commissioners. Under no circumstances may the request for interpretation contain more than 3 issues or questions. It must not contain a single question with more than 3 sub -issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than 3 issues, the applicant will be required to submit a separate request accompanied by the applicable fees. 4. Notice. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Public notice procedures are identified in LDC subsection 10.03.06 P. 5. Effective time limits of an interpretation. a. An interpretation rendered by the County Manager or designee shall remain in effect until the appropriate LDC section is amended to clarify the applicable provision or provisions which warranted the interpretation, or until such time as the interpretation 1 of 3 10/8/2021, 8:44 AM Collier County, FL Land Development Code about:blank is adopted, modified, or rejected as a result of an appeal to the Board of Zoning Appeals and/or the Building Board of Adjustments and Appeals, by the applicant or other individual or entity identified in LDC section 1.06.01 D.1, above. From the time the interpretation is rendered and the time the appropriate LDC section is amended, or in the case of an appeal, until such time as the Board of Zoning Appeals and/or Building Board of Adjustments and Appeals has rendered its finding, no further request for interpretation regarding the same issue shall be permitted. b. An interpretation rendered by the building official shall remain in effect as provided for in the Florida Building Code. 6. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. a. Within 30 days after receipt by the applicant or affected property owner of a written official interpretation sent by certified mail return receipt requested by the County Manager or designee or building official, or within 30 days of publication of public notice of the official interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the Building Board of Adjustments and Appeals for matters relating to building and technical codes as shown in LDC section 1.07.00 or to the Board of Zoning Appeals for all other matters in the LDC. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the official interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, LDC, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. b. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant . c. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or designee or building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the LDC or the official zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County Manager or designee's or building official's interpretation, whichever is applicable, with or without 2 of 3 10/8/2021, 8:44 AM Collier County, FL Land Development Code modifications or conditions, or reject their interpretation. The Board of Zoning Appeals about:blank or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County Manager or designee's or building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the official interpretation is contrary to the Growth Management Plan, the future land use map, the LDC or the official zoning atlas, or building code, whichever is applicable. d. Time limitations on appeals. Any appeal that has not been acted upon by the applicant within 6 months of the applicant filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subject to the then current LDC. (Ord. No. 13-56, § 3.A) 3 of 3 10/8/2021, 8:44 AM Collier County, FL Land Development Code 2.02.03 - Prohibited Uses about:blank Any use or structure not specifically identified in a zoning district as a permitted use, conditional use or accessory use shall be prohibited in such zoning district. 1 of 1 10/8/2021, 9:30 AM Collier County, FL Land Development Code about:blank 2,03.00 - ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted and conditional uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted and conditional uses , which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in section 1,06,00, interpretations, of this LDC. B. Effect of Approvals Under the Zoning Reevaluation Ordinance. Any use or structure that has been granted a compatibility exception, an exemption, or vested rights pursuant to the Collier County Zoning Reevaluation Ordinance, Ordinance No. 90-23 (1990), shall be a permitted use in the zoning district in which it is located to the extent of its approved maximum density or intensity of use and to the extent that it remains effective. Such use or structure shall nevertheless comply with all other requirements and regulations of the LDC. 1 of 223 10/8/2021, 9:17 AM Collier County, FL Land Development Code about:blank 2.03.03 - Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter - jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Architectural services (8712). 5. Auditing (8721). 6. Automobile parking lots (7521) only. 7. Barber shops (7241, except for barber schools). 8. Beauty shops (7231, except for beauty schools). 9. Bookkeeping services (8721). 10. Business consulting services (8748). -- 11. Business credit institutions (6153-6159). 12. Child day care services (8351). 1 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 13. Computer programming, data processing and other services (7371 - 7376, 7379). 14. Credit reporting services (7323). 15. Debt counseling (7299, no other miscellaneous services) 16. Direct mail advertising services (7331). 17. Educational plants and public schools subject to LDC_section 5.05.14. 18. Engineering services (8711). 19. Essential services , subject to section 2.01.03. 20. Group care facilities (category I and II, except for homeless shelters); care units , except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04. 21. Health services, offices and clinics (8011-8049). 22. Insurance carriers, agents and brokers (6311-6399, 6411). 23. Landscape architects, consulting and planning (0781). 24. Legal services (8111). 25. Loan brokers (6163). 26. Management services (8741 and 8742). 27. Mortgage bankers and loan correspondents (6162). 28. Personal credit institutions (6141). 29. Photographic studios, portrait (7221). 30. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand- alone facilities shall be permitted). 31. Public relations services (8743). 32. Radio, television and publishers advertising representatives (7313). 33. Real Estate (6531-6552). 34. Secretarial and court reporting services (7338). 35. Security and commodity brokers, dealer, exchanges and services (6211-6289). 36. Shoe repair shops and shoeshine parlors (7251). 37. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 38. Surveying services (8713). 39. 2 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank Tax return preparation services (7291). 40. Travel agencies (4724, no other transportation services). 41. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. b. Accessory uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-1 district. 2. Caretaker's residence, subject to section 5.03,05. c. Conditional uses. The following uses are permissible asconditional usesin the (C-1) commercial professional and general office district, subject to the standards and procedures established in section 10.08.00. 1. Ancillary plants. 2. Automobile parking, automobile parking garages and parking structures (7521 shall not be construed to permit the activity of "tow -in parking lots"). 3. Banks, credit unions and trusts (6011-6099). 1�_ 4. Churches. 5. Civic, social and fraternal associations (8641). 6. Eating places primarily intended to serve employees and customers of the permitted use (5812, excluding Automats (eating places); caterers; commissary restaurants; contract feeding; dinner theaters; drive-in restaurants; industrial feeding; restaurants; carry -out; theaters; dinner).The request may be permitted subject to the following criteria: a. The use is physically integrated and operated in conjunction with another permitted use in the C-1 district (no stand-alone facilities shall be permitted). b. There is no exterior signage. c. There is no direct exterior access. d. Parking for the permitted use is consistent with LDC section 4.05.04. e. In addition to the Planning Commission's Findings, its recommendation shall include, but not be limited to, the following considerations for the conditional use request: i. Seating capacity. ii. Gross floor area of the request in relation to the principal structure . 3 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code 7. Educational services (8211-8222). about:blank 8. Funeral services (7261, except crematories). 9. Home health care services (8082). 10. Homeless shelters. 11. Libraries (8231, except regional libraries). 12. Mixed residential and commercial uses subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and of the neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses ; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50%) percent of the gross floor area of the building; vii. Building height may not exceed two (2) stories; viii. Each residential dwelling unit shall contain the following minimum floor areas : Efficiency and one -bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. A minimum of 30 percent of the mixed use development shall be maintained as open space . The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); x. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating 4 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank pedestrian and vehicular access ways and parking areas from residential units, to the greatest extent possible. 13. Religious organizations (8661). 14. Soup kitchens. 15. Veterinary services (0742, excluding outdoor kenneling ). 16. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 5 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 4. Apparel and accessory stores (5611-5699) with 1,800 square feet or less of gross floor area in the principal structure . 5. Architectural services (8712). 6. Auditing(8721). 7. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots"). 8. Banks, credit unions and trusts (6011-6099). 9. Barber shops (7241, except for barber schools). 10. Beauty shops (7231, except for beauty schools). 11. Bookkeeping services (8721). 12. Business consulting services (8748). 13. Business credit institutions (6153-6159). 14. Child day care services (8351). 15. Churches . 16. Civic, social and fraternal associations (8641). 17. Commercial art and graphic design (7336). 18. Commercial photography (7335). 19. Computer and computer software stores (5734) with 1,800 square feet or less of gross floor area in the principal structure . 20. Computer programming, data processing and other services (7371-7379). 21. Credit reporting services (7323). 22. Debt counseling (7299, no other miscellaneous services) 23. Direct mail advertising services (7331). 24. Eating places (5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure ). 25. Educational plants and public schools subject to LDC section 5.05.14. 26. Engineering services (8711). 27. Essential services , subject to section 2.01.03. 28. Food stores (groups 5411 - except supermarkets, 5421-5499) with 2,800 square feet or less of gross floor area in the principal structure . 29. Funeral services (7261, except crematories). 30. 6 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code Garment pressing, and agents for laundries and drycleaners (7212). about:blank 31. Gasoline service stations (5541, subject to section 5.05,05). 32. General merchandise stores (5331-5399) with 1,800 square feet or less of gross floor area in the principal structure . 33. Glass stores (5231) with 1,800 square feet or less of gross floor area in the principal structure . 34. Group care facilities (category I and II, except for homeless shelters); care units , except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5,05,04. 35. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure . 36. Health services, offices and clinics (8011-8049). 37. Home furniture and furnishings stores (5713-5719) with 1,800 square feet or less of gross floor area in the principal structure . 38. Home health care services (8082). 39. Insurance carriers, agents and brokers (6311-6399, 6411). 40. Landscape architects, consulting and planning (0781). 41. Laundries and drycleaning, coin operated - self service (7215). 42. Legal services (8111). 43. Libraries (8231, except regional libraries). 44. Loan brokers (6163). 45. Management services (8741 and 8742). 46. Mortgage bankers and loan correspondents (6162). 47. Musical instrument stores (5736) with 1,800 square feet or less of gross floor area in the principal structure . 48. Paint stores (5231) with 1,800 square feet or less of gross floor area in the principal structure . 49. Personal credit institutions (6141). 50. Photocopying and duplicating services (7334). 51. Photofinishing laboratories (7384). 52. Photographic studios, portrait (7221). 53. Physical fitness facilities (7991, permitted only when physically integrated and 7 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank operated in conjunction with another permitted use in this district — no stand- I- alone facilities shall be permitted). 54. Public relations services (8743). 55. Radio, television and consumer electronics stores (5731) with 1,800 square feet or less of gross floor area in the principal structure . 56. Radio, television and publishers advertising representatives (7313). 57. Real Estate (6531-6552). 58. Record and prerecorded tape stores (5735) with 1,800 square feet or less of gross floor area in the principal structure . 59. Religious organizations (8661). 60. Repair services - miscellaneous (7629-7631, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 61. Retail services - miscellaneous (5912, 5942-5961) with 1,800 square feet or less of gross floor area in the principal structure . 62. Secretarial and court reporting services (7338). 63. Security and commodity brokers, dealer, exchanges and services (6211-6289). 64. Shoe repair shops and shoeshine parlors (7251). 65. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 66. Surveying services (8713). 67. Tax return preparation services (7291). 68. Travel agencies (4724, no other transportation services). 69. United State Postal Service (4311, except major distribution center). 70. Veterinary services (0742, excluding outdoor kenneling ). 71. Videotape rental (7841) with 1,800 square feet or less of gross floor area in the principal structure . 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure . 73. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 8 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 74. Any other commercial or professional use which is comparable in nature with the 1 (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 75. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C-2 district. 2. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: i. A minimum five and one-half (5'/2) foot high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure ; ii. Ingress to and egress from the play area shall be made only from the principal structure , however an emergency exit from the play area shall be provided which does not empty into the principal structure . iii. The play equipment shall be set back a minimum distance of five (5) feet from the required fence and from the principal structure . 3. Caretaker's residence, subject to section 5,03.05. 4. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in section 10,08,00. 1. Ancillary plants . 2. Educational services (8211, 8222). 3. Homeless shelters. 4. Household appliance stores (5722, limited to air-conditioning room units, self- contained -retail, electronic household appliance stores -retail, household appliance stores, electric or gas -retail, sewing machine stores -retail, and vacuum cleaner stores -retail) with 1,800 square feet or less of gross floor area in the principal structure . 5. Marinas (4493 excluding boat yards, storage and incidental repair), subject to LDC section 5.05.02. 9 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 6. Membership organizations, miscellaneous (8699, excluding humane societies, animal) limited to 1,800 square feet or less of gross floor area in the principal structure . 7. Mixed residential and commercial uses subject to design criteria contained in LDC section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses ; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50%) percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two (2) stories ; viii. Each residential dwelling unit shall contain the following minimum floor areas efficiency and one -bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space . The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating 10 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 8. Personal services, miscellaneous (7299 - not listed as principle uses and limited to babysitting bureaus; birth certificate agencies; car title and tag services; computer photography or portraits; dating service; diet workshops; dress suit rental; tux rental; genealogical investigation service; hair removal; shopping service for individuals only; wardrobe service, except theatrical; wedding chapels, privately operated) with 1,800 square feet or less of gross floor area in the principal structure . 9. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure . 10. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure . 11. Soup kitchens. 12. Any other convenience commercial use which is comparable in nature with the foregoing (C-2) list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets . Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers . This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification 11 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code Manual (1987), or as otherwise provided for within this section are permissible by right, or about:blank I- as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 5. Animal specialty services, except veterinary (0752, excluding outside kenneling ). 6. Apparel and accessory stores (5611-5699) with 5,000 square feet or less of gross floor area in the principal structure . 7. Architectural services (8712). 8. Auditing (8721). 9. Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area in the principal structure . 10. Automobile Parking, automobile parking garages and parking structures (7521 — shall not be construed to permit the activity of "tow -in parking lots") 11. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 12. Banks, credit unions and trusts (6011-6099). 13. Barber shops (7241, except for barber schools). 14. Beauty shops (7231, except for beauty schools). 15. Bookkeeping services (8721). 16. Business associations (8611). 17. Business consulting services (8748). 18. Business credit institutions (6153-6159). 19. Business services — miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -telephone, drive -away automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, 12 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 20. Child day care services (8351). 21. Churches. 22. Civic, social and fraternal associations (8641). 23. Commercial art and graphic design (7336). 24. Commercial photography (7335). 25. Computer and computer software stores (5734) with 5,000 square feet or less of gross floor area in the principal structure . 26. Computer programming, data processing and other services (7371-7379). 27. Credit reporting services (7323). 28. Direct mail advertising services (7331). 29. Drycleaning plants (7216, nonindustrial drycleaning only). 30. Drug stores (5912). 31. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure . All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of section 5.05.01. 32. Educational plants and public schools subject to LDC section 5.05.14. 33. Engineering services (8711). 34. Essential services , subject to section 2,01,03. 35. Federal and federally -sponsored credit agencies (6111). 36. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure . 37. Funeral services (7261, except crematories). 38. Garment pressing, and agents for laundries and drycleaners (7212). 39. Gasoline service stations (5541, subject to section 5.05.05). 40. General merchandise stores (5331-5399) with 5,000 square feet or less of gross floor area in the principal structure . 41. Glass stores (5231) with 5,000 square feet or less of gross floor area in the 13 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code principal structure . about:blank 42. Group care facilities (category I and II, except for homeless shelters); care units , except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05,04. 43. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure . 44. Health services, offices and clinics (8011-8049). 45. Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure . 46. Home health care services (8082). 47. Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure . 48. Insurance carriers, agents and brokers (6311-6399, 6411). 49. Labor unions (8631). 50. Landscape architects, consulting and planning (0781). 51. Laundries and drycleaning, coin operated - self service (7215). 52. Laundries, family and commercial (7211). 53. Legal services (8111). 54. Libraries (8231). 55. Loan brokers (6163). 56. Management services (8741 and 8742). 57. Marinas (4493), subject to section 5,05,02. 58. Membership organizations, miscellaneous (8699). 59. Mortgage bankers and loan correspondents (6162). 60. Museums and art galleries (8412). 61. Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in the principal structure . 62. Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure . 63. Personal credit institutions (6141). 64. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, 14 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code dress suit rental, electrolysis, genealogical investigation service, and hair removal about:blank only) with 5,000 square feet or less of gross floor area in the principal structure. 65. Personnel supply services (7361 and 7363). 66. Photocopying and duplicating services (7334). 67. Photofinishing laboratories (7384). 68. Photographic studios, portrait (7221). 69. Physical fitness facilities (7991; 7911, except discotheques). 70. Political organizations (8651). 71. Professional membership organizations (8621). 72. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 73. Public relations services (8743). 74. Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure . 75. Radio, television and publishers advertising representatives (7313). 76. Real Estate (6531-6552). 77. Record and prerecorded tape stores (5735) with 5,000 square feet or less of gross floor area in the principal structure . 78. Religious organizations (8661). 79. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 80. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure . 81. Retail services - miscellaneous (5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor area in the principal structure . 82. Secretarial and court reporting services (7338). 83. Security and commodity brokers, dealer, exchanges and services (6211-6289). 84. Shoe repair shops and shoeshine parlors (7251). 85. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 15 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code 86. Surveying services (8713). about:blank 87. Tax return preparation services (7291). 88. Travel agencies (4724, no other transportation services). 89. United State Postal Service (4311, except major distribution center). 90. Veterinary services (0742, excluding outdoor kenneling ). 91. Videotape rental (7841) with 5,000 square feet or less of gross floor area in the principal structure . 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure . 93. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 94. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 95. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 96. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 97. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 district. 2. Caretaker's residence, subject to section 5.03.05. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in sections 4.02.02 and 10.08.00. 16 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 1. Amusements and recreation services, outdoor (7999 - boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary plants . 3. Automotive vehicle dealers (5511, limited to automobile agencies (dealers) -retail and only new vehicles). In addition to the Planning Commission's Findings, its recommendation shall include, but not be limited to, the following considerations for the conditional use request: a. Controls on outdoor paging or amplified systems used as part of the daily operations. b. Location of enclosed service areas, with exception for entry/exit doors. c. The number of service bays. d. Operation hours. e. Adequacy of buffer(s) . f. Location of gasoline storage and/or fueling tanks. g. Means of delivery of automobiles. 4. Bowling centers (7933). 5. Coin operated amusement devices (7993). 6. Courts (9211). 7. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01. 8. Educational services (8221 and 8222). 9. Fire protection (9224). 10. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499). 11. Health services (8071, 8092, and 8099). 12. Homeless shelters. 13. Hospitals (groups 8062-8069). 14. Legal counsel and prosecution (9222). 15. Medical equipment rental and leasing (7352). 16. Membership sports and recreational clubs indoor only (7997). 17. Mixed residential and commercial uses, subject to design criteria contained in section 4,02.38 except where superseded by the following criteria: 17 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank i. A site development plan is approved pursuant to section 10,02.03 that is designed to protect the character of the residential uses and neighboring lands; _ ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two stories; viii. Each residential dwelling unit shall contain the following minimum floor areas : efficiency and one -bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 18. Motion picture theaters, (7832 - except drive-in). 19. Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure . 18 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code 20. Permitted personal services, video rental or retail uses (excluding drug stores - about:blank 5912) with more than 5,000 square feet of gross floor area in the principal structure . 21. Permitted use with less than 700 square feet gross floor area in the principal structure . 22. Public order and safety (9229). 23. Social services (8322 - other than those permitted, 8331-8399) 24. Soup kitchens. 25. Theatrical producers and miscellaneous theatrical services (7922 - community theaters only). 26. Vocational schools (8243-8299). 27. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 19 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Agricultural services (0783). 6. Amusement and recreation services, indoor (7999). 7. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 8. Ancillary plants. 9. Animal specialty services, except veterinary (0752, excluding outside kenneling ). 10. Apparel and accessory stores (5611-5699). 11. Architectural services (8712). 12. Auditing (8721). 13. Auto and home supply stores (5531). 14. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots"). 15. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 16. Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only). 17. Banks, credit Unions and trusts (6011-6099). 18. Barber shops (7241, except for barber schools). 19. Beauty shops (7231, except for beauty schools). 20. Bookkeeping services (8721). 21. Bowling centers, indoor (7933). 22. Building cleaning and maintenance services (7349). 23. Business associations (8611). 24. Business consulting services (8748). 25. Business credit institutions (6153-6159). 26. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -telephone, drive -away automobile, exhibits -building, 20 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas ' lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, and window trimming service). 27. Cable and other pay television services (4841) including communications towers up to specified height, subject to section-5.05.09. 28. Carpet and upholstery cleaning (7217). 29. Carwashes (7542) provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. 30. Child day care services (8351). 31. Churches . 32. Civic, social and fraternal associations (8641). 33. Coin -operated laundries and dry cleaning (7215). 34. Coin operated amusement devices, indoor (7993). 35. Commercial art and graphic design (7336). 36. Commercial photography (7335). 37. Commercial printing (2752, excluding newspapers). 38. Computer programming, data processing and other services (7371-7379). 39. Computer and computer software stores (5734). 40. Credit reporting services (7323). 41. Dance studios, schools and halls, indoor (7911). 42. Detective, guard and armored car service (7381, except armored car and dog rental). 43. Department stores (5311). 44. Direct mail advertising services (7331). 45. Disinfecting and pest control services (7342). 46. Drycleaning plants (7216, nonindustrial drycleaning only). 47. Drug stores (5912). 48. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All 21 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01. 49. Educational plants and public schools subject to LDC section 5.05.14. 50. Educational services (8221 and 8222). 51. Electrical and electronic repair shops (7622-7629). 52. Engineering services (8711). 53. Equipment rental and leasing (7359 - except airplane, industrial truck, portable toilet and oil field equipment renting and leasing). 54. Essential services , subject to section 2.01.03. 55. Facilities support management services (8744). 56. Federal and federally -sponsored credit agencies (6111). 57. Food stores (groups 5411-5499). 58. Funeral services (7261, except crematories). 59. Garment pressing, and agents for laundries and drycleaners (7212). 60. Gasoline service stations (5541), with services and repairs as described in section 5 05.05. 61. General merchandise stores (5331-5399). 62. Glass stores (5231). 63. Golf courses, public (7992). 64. Group care facilities (category I and 11, except for homeless shelters); care units , except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05,04. 65. Hardware stores (5251). 66. Health services, miscellaneous (8092-8099). 67. Health services, offices and clinics (8011-8049). 68. Home furniture and furnishings stores (5712-5719). 69. Home health care services (8082). 70. Hospitals (8062-8069). 71. Hotels and motels (7011, 7021 and 7041) when located within an activity center. 72. Household appliance stores (5722). 73. Insurance carriers, agents and brokers (6311-6399, 6411). 74. 22 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code Labor unions (8631). about:blank 75. Landscape architects, consulting and planning (0781). 76. Laundries and drycleaning, coin operated -self service (7215). 77. Laundries, family and commercial (7211). 78. Laundry and garment services, miscellaneous (7219). 79. Legal services (8111). 80. Libraries (8231). 81. Loan brokers (6163). 82. Management services (8741, 8742). 83. Marinas (4493 and 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02. 84. Medical and dental laboratories (8071 and 8072). 85. Medical equipment rental and leasing (7352). 86. Membership organizations, miscellaneous (8699). 87. Membership sports and recreation clubs, indoor (7997). 88. Mortgage bankers and loan correspondents (6162). 89. Motion picture theaters (7832). 90. Motorcycle dealers (5571). 91. Museums and art galleries (8412). 92. Musical instrument stores (5736). 93. News syndicates (7383). 94. Nursing and professional care facilities (8051-8059). 95. Outdoor advertising services (7312). 96. Paint stores (5231). 97. Passenger car leasing (7515). 98. Passenger car rental (7514). 99. Personal credit institutions (6141). 100. Personal services, miscellaneous (7299). 101. Personnel supply services (7361 and 7363). 102. Photocopying and duplicating services (7334). 103. Photofinishing laboratories (7384). 23 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code 104. Photographic studios, portrait (7221). about:blank 105. Physical fitness facilities (7991). 106. Political organizations (8651). 107. Professional membership organizations (8621). 108. Professional sports clubs and promoters, indoor (7941). 109. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 110. Public or private parks and playgrounds. 111. Public relations services (8743). 112. Radio, television and consumer electronics stores (5731). 113. Radio, television and publishers advertising representatives (7313). 114. Radio and television broadcasting stations (4832 and 4833). 115. Real Estate (6512, 6531-6552). 116. Record and prerecorded tape stores (5735). 117. Religious organizations (8661). 118. Repair services - miscellaneous (7699 - except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 119. Research, development and testing services (8731-8734). 120. Retail - miscellaneous (5921-5963, 5992-5999). 121. Retail nurseries, lawn and garden supply stores (5261). 122. Reupholstery and furniture repair (7641). 123. Secretarial and court reporting services (7338). 124. Security and commodity brokers, dealer, exchanges and services (6211-6289). 125. Security systems services (7382). 126. Shoe repair shops and shoeshine parlors (7251). 127. Social services, individual and family (8322-8399, except for homeless shelters and soup kitchens). 128. Surveying services (8713). 129. Tax return preparation services (7291). 130. 24 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank Telegraph and other message communications (4822) including communications towers up to specified height, subject to section 5.05.09. 131. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to section 5.05.09. 132. Theatrical producers and miscellaneous theatrical services, indoor (7922-7929, including bands, orchestras and entertainers; except motion picture). 133. Travel agencies (4724, no other transportation services). 134. United State Postal Service (4311, except major distribution center). 135. Veterinary services (0741 and 0742, excluding outside kenneling ). 136. Videotape rental (7841). 137. Vocational schools (8243-8299). 138. Wallpaper stores (5231). 139. Watch, clock and jewelry repair (7631). 140. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 141. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 142. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-4 district. 2. Caretaker's residence, subject to section 5.03,05. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in WIN 1. Animal specialty services, except veterinary (0752, with outside kenneling ). 25 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). 3. Auctioneering services, auction rooms (7389, 5999). 4. Automotive dealers and gasoline service stations (5511, 5521). 5. Automotive rental and leasing, outdoor display permitted (7513, 7519). 6. Boat dealers (5551). 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01.). 8. Communication towers above specified height, subject to section 5.05.09. 9. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers -retail). 10. Fire protection (9224). 11. Fishing, hunting and trapping (0912-0919). 12. Fuel dealers (5983-5989). 13. Homeless shelters. 14. Hotels and motels (7011, 7021, 7041 when located outside an activity center). 15. Kiosks. 16. Legal counsel and prosecution (9222). 17. Local and suburban transit (groups 4111-4121, bus stop and van pool stop only). 18. Motion picture theaters, drive-in (7833). 19. Permitted use with less than 700 square feet of gross floor area in the principal structure. 20. Police Protection (9221). 21. Public order and safety (9229). 22. Recreational vehicle dealers (5561). 23. Soup kitchens. 24. Motor freight transportation and warehousing (4225, air conditioned and mini -and self storage warehousing only). 25. Veterinary services (0741 and 0742, with outside kenneling ). 26. Any other general commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10,08,00. 26 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Agricultural services (0783). 6. Ancillary plants. 7. Amusement and recreation services, indoor (7999). 8. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 9. Animal specialty services, except veterinary (0752, excluding outside kenneling ). 10. Apparel and accessory stores (5611-5699). 11. Architectural services (8712). 12. Armature rewinding shops (7694). 13. Auctioneering/auction houses (groups 7389, 5999). 14. Auditing (8721). 15. Auto and home supply stores (5531). 16. Automobile Parking. (7521). 27 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code 17. Automotive dealers, not elsewhere classified (5599). about:blank 18. Automotive repair services (7532 - 7539). 19. Automotive services (7549). 20. Banks, credit Unions and trusts (6011-6099). 21. Barber shops (7241, except for barber schools). 22. Beauty shops (7231, except for beauty schools). 23. Boat dealers (5551). 24. Bookkeeping services (8721). 25. Bowling centers, indoor (7933). 26. Building cleaning and maintenance services (7349). 27. Building construction -General contractors and operative builders (1521-1542). 28. Business associations (8611). 29. Business consulting services (8748). 30. Business credit institutions (6153-6159). 31. Business services (7389-contractors' disbursement, directories -telephone, recording studios, swimming pool cleaning, and textile designers only). 32. Cable and other pay television services (4841) including communications towers up to specified height, subject to section 5.05.09. 33. Carpentry and floor work contractors (1751-1752). 34. Carpet and Upholstery cleaning (7217). 35. Carwashes (7542), provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. 36. Churches. 37. Civic, social and fraternal associations (8641). 38. Coin -operated laundries and dry cleaning (7215). 39. Coin operated amusement devices, indoor (7993). 40. Commercial art and graphic design (7336). 41. Commercial photography (7335). 42. Commercial printing (2752, excluding newspapers). 43. Computer programming, data processing and other services (7371-7379). 44. Computer and computer software stores (5734). 45. Concrete work (1771). 28 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code 46. Courts (9211). about:blank 47. Credit reporting services (7323). 48. Crematories (7261). 49. Dance studios, schools and halls, indoor (7911). 50. Department stores (5311). 51. Detective, guard and armored car service (7381, except armored car and dog rental). 52. Direct mail advertising services (7331). 53. Disinfecting and pest control services (7342). 54. Drycleaning plants (7216, nonindustrial drycleaning only). 55. Drug stores (5912). 56. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5,05,01. 57 Educational plants and public schools subject to LDC section 5.05.14. 58. Educational services (8221 and 8222). 59. Electrical and electronic repair shops (7622-7629). 60. Electrical contractors (1731). 61. Engineering services (8711). 62. Equipment rental and leasing (7359). 63. Essential services, subject to section 2.01.03. 64. Facilities support management services (8744). 65. Federal and federally -sponsored credit agencies (6111). 66. Fire protection (9224). 67. Fishing, commercial (0912-0919). 68. Food stores (groups 5411-5499). 69. Funeral services (7261). 70. Garment pressing, and agents for laundries and drycleaners (7212). 71. Gasoline service stations (5541), with services and repairs as described in section 5.05.05. 72. General merchandise stores (5331-5399). 73. Glass and glazing work (1793). 29 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank 74. Glass stores (5231). 75. Golf courses, public (7992). 76. Group care facilities (category I and II, except for homeless shelters); care units , except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5,05,04. 77. Hardware stores (5251). 78. Health services, offices and clinics (8011-8049). 79. Health and allied services, miscellaneous (8092-8099). 80. Heating and air-conditioning contractors (1711). 81. Heavy construction equipment rental and leasing (7353). 82. Home furniture and furnishings stores (5712-5719). 83. Home health care services (8082). 84. Hospitals (8062-8069). 85. Hotels and motels (7011, 7021 and 7041) when located within an activity center. 86. Household appliance stores (5722). 87. Installation or erection of building equipment contractors (1796). 88. Insurance carriers, agents and brokers (6311-6399, 6411). 89. Labor unions (8631). 90. Landscape architects, consulting and planning (0781). 91. Laundries and drycleaning, coin operated - self service (7215). 92. Laundries, family and commercial (7211). 93. Laundry and garment services, miscellaneous (7219). 94. Legal counsel and prosecution (9222). 95. Legal services (8111). 96. Libraries (8231). 97. Loan brokers (6163). 98. Local and suburban transit (4111). 99. Local passenger transportation (4119). 100. Lumber and other building materials dealers (5211). 101. Management services (8741, 8742). 102. Marinas (4493 and 4499 - except canal operation, cargo salvaging, ship dismantling, 30 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02. 103. Masonry, stonework, tile setting and plastering contractors (1741-1743). 104. Medical and dental laboratories (8071 and 8072). 105. Medical equipment rental and leasing (7352). 106. Membership organizations, miscellaneous (8699). 107. Membership sports and recreation clubs, indoor (7997). 108. Mobile home dealers (5271). 109. Mortgage bankers and loan correspondents (6162). 110. Motion picture theaters (7832). 111. Motor freight transportation and warehousing (4225, mini- and self -storage warehousing only). 112. Motor vehicle dealers, new and used (5511, 5521). 113. Motorcycle dealers (5571). 114. Museums and art galleries (8412). 115. Musical instrument stores (5736). 116. Newspapers: Publishing, or publishing and printing (2711). 117. News syndicates (7383). 118. Nursing and professional care facilities (8051-8059). 119. Outdoor advertising services (7312). 120. Outdoor storage yards , provided that the yard is located no closer than twenty- five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to section 4.02.12. This provision shall not be construed to allow, as permitted or accessory use, wrecking yards , junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. 121. Paint stores (5231). 122. Painting and paper hanging (1721). 123. Passenger car leasing (7515). 124. Passenger car rental (7514). 125. Passenger transportation arrangement (4729). 126. Periodicals: Publishing or publishing and printing (2721). 31 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code 127. Personal credit institutions (6141). about:blank 128. Personal services, miscellaneous (7299). 129. Personnel supply services (7361 and 7363). 130. Photocopying and duplicating services (7334). 131. Photofinishing laboratories (7384). 132. Photographic studios, portrait (7221). 133. Physical fitness facilities (7991). 134. Plumbing contractors (1711). 135. Police protection (9221). 136. Political organizations (8651). 137. Professional membership organizations (8621). 138. Professional sports clubs and promoters, indoor (7941). 139. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 140. Public or private parks and playgrounds. 141. Public order and safety (9229). 142. Public relations services (8743). 143. Radio, television and consumer electronics stores (5731). 144. Radio, television and publishers advertising representatives (7313). 145. Radio and television broadcasting stations (4832 and 4833). 146. Real Estate (6512, 6531-6552). 147. Record and prerecorded tape stores (5735). 148. Recreational vehicle dealers (5561). 149. Religious organizations (8661). 150. Repair shops and services, not elsewhere classified (7699). 151. Research, development and testing services (8731-8734). 152. Retail - miscellaneous (5921-5963, 5992-5999). 153. Retail nurseries, lawn and garden supply stores (5261). 154. Reupholstery and furniture repair (7641). 155. Roofing, siding and sheet metalwork contractors (1761). 156. Secretarial and court reporting services (7338). 157. Security and commodity brokers, dealer, exchanges and services (6211-6289). 32 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code 158. Security systems services (7382). about:blank 159. Shoe repair shops and shoeshine parlors (7251). 160. Social services, individual and family (8322-8399, except homeless shelters and soup kitchens). 161. Special trade contractors, not elsewhere classified (1799). 162. Structural steel erection contractors (1791). 163. Surveying services (8713). 164. Tax return preparation services (7291). 165. Taxicabs (4121). 166. Telegraph and other message communications (4822) including communications towers up to specified height, subject to LDC section 5.05.09. 167. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to LDC section 5.05.09. 168. Theatrical producers and miscellaneous theatrical services, indoor (7922-7929, including bands, orchestras and entertainers; except motion picture). 169. Tour operators (4725). 170. Travel agencies (4724). 171. Truck rental and leasing, without drivers (7513). 172. United State Postal Service (4311, except major distribution center). 173. Utility trailer and recreational vehicle rental (7519). 174. Veterinary services (0741 and 0742, excluding outside kenneling ). 175. Videotape rental (7841). 176. Vocational schools (8243-8299). 177. Wallpaper stores (5231). 178. Watch, clock and jewelry repair (7631). 179. Water well drilling (1781). 180. Welding repair (7692). 181. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 182. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with 33 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code activities conducted in an office. about:blank 183. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to LDC section b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-5 district. 2. Detached caretaker's residence, subject to section 5.03.05. 3. Temporary display of merchandise during business hours, provided it does not adversely affect pedestrian or vehicular traffic or public health or safety. Merchandise storage and display is prohibited within any front yard; allowed within the side and rear yards of lots . c. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in section 10.08.00. 1. Animal specialty services, except veterinary (0752, with outdoor kenneling ). 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). 3. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01.) 4. Child day care services (8351), provided: i. All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line. a) For purposes of this subsection, the following definitions shall apply: i) Hazardous materials. A material that has any of the following properties: ignitable, corrosive, reactive and/or toxic. ii) Toxic substances. A substance which is, or is suspected to be, carcinogenic, mutagenic, teratogenic, or toxic to human beings. ii. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. 34 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank iii. It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. iv. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. v. It shall provide a minimum usable open space of not less than thirty (30) percent of the total square footage of the lot area. vi. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five (5) feet in height, to be constructed of wood, masonry or other approved material. vii. It shall provide a landscape buffer in accordance with section 4,06,00. viii. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code. ix. Where a child care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in subparagraphs i through viii above, with the exceptions of subsections iv. and v., shall be used to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use. 5. Communications (4812-4841) with communications towers that exceed specified height, subject to section 5.05.09. 6. Farm product raw materials (5153-5159). 7. Fuel dealers (5983-5989). 8. Homeless shelters. 9. Hotels and motels (7011, 7021, 7041 when located outside an activity center.) 10. Correctional institutions (group 9223). 11. Kiosks. 12. Local and suburban passenger transportation (4131-4173). 13. Motion picture theaters, drive-in (7833). 14. Permitted uses with less than 700 square feet of gross floor area in the principal structure. 15. Soup kitchens. 16. Transfer stations (4212, local refuse collection and transportation only). 17. Packing Services (4783). 18. 35 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code Veterinary services (0741 & 0742, with outdoor kenneling). about:blank 19. Any other heavy commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section F. Travel Trailer -Recreational Vehicle Campground District (TTRVC). 1. Purpose and intent. The provisions of this district are intended to apply to trailer lots for travel trailers, park model travel trailers and recreational vehicles , not exceeding 500 square feet in gross floor area . Such trailer lots are intended to accommodate travel trailers, model travel trailers, pickup coaches, motor homes, and other vehicular accommodations which are suitable for temporary habitation, used for travel, vacation, and recreational purposes. Campsites are intended to accommodate temporary residency while camping, vacationing or recreating, TTRVC vehicles may be permanently located on a lot ; however, no person or persons may occupy said vehicles as permanent places of residence. 2. The following uses are permissible by right, or as accessory or conditional uses within the travel trailer -recreational vehicle campground district (TTRVC). a. Permitted uses. 1. Travel trailers, park model travel trailers, pickup coaches, motor homes and other recreational vehicles . b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the TTRVC district. 2. One single-family dwelling (not a TTRVC unit) in conjunction with the operation of the TTRVC park. 3. Accessory uses and structures customarily associated with travel trailer recreational vehicle parks , including recreation facilities (both indoor and outdoor), administration buildings , service buildings including bathrooms, laundries and similar services for residents of the park, and utilities. 4. Accessory uses and structures customarily associated with travel trailer recreational vehicle lots , including: i. Enclosed utility/storage area of the same siding material and architectural style as that of the associated recreational vehicles , not to exceed an area of sixty (60) square feet. Any utility/storage area shall be located adjacent to its associated recreational vehicle and made a continuous part of a screened -in 36 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code porch where such a porch is attached to the vehicle as herein provided. Where about:blank utility/storage areas are made a continuous part of a screened -in porch, the area of the utility/storage area may not exceed 25 percent of the area of the screened -in porch or 120 square feet, whichever lesser. The County Manager or designee may administratively approve an exception to accessory structure size limitation where such exception is necessary to allow for accessibility, in accordance with the specifications set forth in Section 4 of the Americans with Disabilities Act (ADA), to accommodate a physically handicapped individual. ii. For recreational vehicles fixed by a permanent anchoring system, a screened - in porch elevated or at ground level with a solid roof structure , architecturally compatible with its associated recreational vehicle , not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screened -in porch shall provide for any site utility/storage space requirements as herein provided and shall not contain any other interior walls. All such screened enclosures must be permitted and constructed according to this Code and applicable building codes. Exterior walls may be enclosed with screen, glass or vinyl windows, except that the storage area shall be enclosed with the same material as the principal unit. 5. Campgrounds containing 100 spaces or more shall be permitted a convenience commercial facility no greater than 15,000 square feet in total land area. This facility shall provide for the exclusive sale of convenience items to park patrons only, and shall present no visible evidence of their commercial character, including signage and lighting, from any public or private street or right-of-way external to the park. Conditional uses. The following uses are permissible as conditional uses in the travel trailer recreational vehicle campground district (TTRVC), subject to the standards and procedures established in section 10.08.00: 1. Camping cabins subject to the following standards: i. One camping cabin per approved TTRVC lot. ii. The maximum number of camping cabin lots in any one TTRVC park shall be ten percent of the total number of approved TTRVC lots , not to exceed a total number of twenty (20) camping cabin lots. iii. Maximum floor area of 220 square feet. iv. No internal water or cooking facilities. v. Camping cabins may not be designed as a permanent residence, however, tie- 37 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank downs or other safety devices may be used in order to provide security against high winds. vi. Camping cabins must be constructed of natural wood materials such as logs, redwood, cedar, or cypress in order that it may blend harmoniously into the natural landscape character normally found in a TTRVC or campground setting. vii. The general development standards required for the TTRVC park shall be applicable to the camping cabin lots. viii. All materials and construction must be in accordance with the Collier County Land Development Code (LDC) and the requirements of the Florida Building Code (FBC). ix. At least one room of the camping cabin must have a minimum of 150 square feet of floor area. x. If camping cabins are to be located in a flood hazard zone as delineated on the most recent flood insurance rate maps , all requirements of Section 3,02.00 of this LDC must be met. A. A party shall be allowed a maximum length of stay of two (2) weeks in a camping cabin. 3. Plan approval requirements. Layout plans for a TTRVC park shall be submitted to the County Manager or designee and construction shall be in accordance with approved plans and specifications and further subject to the provisions of site development plans in section 10.02.03. Such plans shall meet the requirements of this district and shall show, at a minimum, those items identified herein. 4. Required internal park street system. All lots /spaces within a TTRVC park shall have direct access from an internal street . All internal streets within the district shall provide safe and convenient access to a public street . The right-of-way widths, paving widths, and other construction standards, including gradient and alignment of all internal streets and drainage shall be subject to the standards for development of supporting infrastructure as provided for in the subdivision regulations, in Chapter 4. For the purpose of this subsection, internal streets shall refer to streets , including necessary right-of-way or easement , located within the confines of the project legal description and providing no access to other land parcels . 5. Required facilities for campsites and TTRV lots. a. Sanitary facilities, including flush toilets, and showers within 300 feet walking distance from every campsite lot and as approved by the Collier County Health Department, or in the event of a private on -site system connection to a county system subject to 38 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank county ordinances. Lighting shall be provided in sanitary facilities at all times and the facilities shall be accessible to park residents at all times. b. Potable water supply as approved by the Collier County Health Department and/or the director of development services pursuant to Chapter 10. c. A trash container such as a dumpster shall be located in areas easily accessible and not obstructed by campsites, lots or other TTRVC lots or parking areas. d. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available for public use. e. One parking space per campsite or TTRV lot . 6. Sanitary waste disposal. Unless every travel trailer site has a sanitary waste outlet, a central pump -out station shall be provided. 7. Off-street parking. As required in section 4.05.00. 8. Permanent location ofTTRVvehicles. TTRV vehicles including park model, travel trailers, may be permanently located on a lot; however, no permanent residency is allowed. 9. Compliance. Where travel trailer/park model lots are being sold to individuals, the developer/owner of the lots shall include in the title transfer document a covenant attesting to the fact that the lot cannot be used as a place of permanent occupancy. All TTRVC parks which commenced construction after the effective date of this district shall comply with all requirements of this district except as further provided herein. No TTRVC park in existence on the effective date of this district shall be altered so as to provide a lesser degree of conformity with the provisions of this district than existed on the effective date of this district. Land already zoned TTRVC which does not meet the acreage requirements may be developed; however, the development shall conform with all other regulations of this district. Every proprietor, manager, homeowners' association, or condominium association of a TTRV park shall maintain a register of tenants or occupants, noting the duration of the rental arrangement or length of occupancy for owner -occupied sites with respect to one or more travel trailers or park models. Said register shall be made available upon demand to the County Manager or designee. In the event of owner -occupied lots within the TTRVC district, said owner is responsible for registering their arrival and departure from their recreation residence with the manager of the TTRVC park. Failure to register will hold the owner responsible for penalties as provided herein. Failure of park owner/manager to provide said register, duly describing the persons who have occupied a travel trailer or park model trailer, and the duration of their occupancy, shall be guilty of a misdemeanor and subject to the penalties provided by this Code. Any proprietor or manager who 39 of 40 10/8/2021, 8:41 AM Collier County, FL Land Development Code about:blank maintains a falsified register to allow persons to occupy a travel trailer or park model trailer on a permanent basis shall be similarly guilty of a misdemeanor and subject to penalties as provided in this Code. 10. Flood program requirements. All travel trailers, park model travel trailers, recreational vehicles and accessory structures shall comply with the current Collier County Flood Damage Prevention Ordinance (Code ch. 62, art. II] if permanently attached to the ground or utility facilities. 11. Anchoring/sewer, water and electrical connections. Park model travel trailers, when positioned on a lot in this district, must be anchored in accordance with the standards set forth in the MH district and TTRVC district and other applicable regulations, and be connected to a public or private water and sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 12. Building permit. A building permit shall be required for any permitted use prior to water, sewer or electric connection. 13. Signs. As required in section 5.06.00. (Ord. No. 08-11, § 3.F; Ord. No. 10-23, § 3.F; Ord. No. 14-33, § 3.13; Ord. No. 16-27, § 3.D; Ord. No. 18-18, § 3.B) 40 of40 10/8/2021, 8:41 AM Collier County, FL Land Development Code 10.02.06 - Requirements for Permits about:blank A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by the LDC to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development \' orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County Growth Management Plan, or (2) if issuance of said development order or building permit is inconsistent with the Growth Management Plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the Growth Management Plan. B. BuildingPermit or LandAlterationPermit. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration 1 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure , or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof, the number of families the building is designed to accommodate; the location and number of required off- street parking and off- street loading spaces ; approximate location of trees protected by county regulations; changes in grade , including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in 2 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 3 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space with the exception of the Early Construction Authorization (ECA) permit pursuant to LDC section 10.01.02 C. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the LDC, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the LDC, an approval of a site development plan pursuant to LDC section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the LDC, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the LDC. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to LDC section 10.02,03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings . C. Agricultural land clearing. 1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), shall be required for all agricultural operations except as exempted by LDC section 10,02.06 C.1.d. a. Application. The Administrative Code shall establish the procedures and the submittal requirements, in addition to those identified below, to obtain an agricultural land clearing permit. i. Silviculture operations, as defined by the LDC, shall require a management plan prepared by a forester or a resource manager (i.e. Florida Forest Service, private or industrial). 4 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank If an ST or ACSC-ST overlay is attached to the zoning of the property, the ST or ACSC-ST permit review shall be in accordance with LDC sections 2.03.07 and 4.02.14 and may be reviewed simultaneously with the agricultural clearing permit application. iii. A generalized vegetation inventory and clearing plan. iv. Data relating to wetlands impacts and protected wildlife species habitat subject to the Conservation and Coastal Management Element of the Growth Management Plan and the LDC. 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. v. The property owner, or authorized agent, has filed an executed agreement with the County Manager or designee, stating that within 2 years from the date on which the agricultural clearing permit is approved by the County Manager or 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 25-year period required by vi. below. If the clearing is expected to I- occur over a period greater than 2 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. vi. The property owner, or authorized agent, has filed an executed agreement with the County Manager or 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 25 years from the date of approval of the agricultural clearing permit by the County Manager or designee, unless for any such conversions in less than 25 years, the converted land shall be restored with native vegetation to the degree required by the LDC. vii. Permit Fees. The agricultural clearing permit applications shall be charged a review fee as established by resolution by the Board. b. Criteria for review of the application. The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: i. An on -site inspection has been made by staff, if indicated. ii. Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the 5 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code Conservation and Coastal Management Element of the Collier County Growth about:blank Management Plan and the LDC, as may be amended from time to time. iii. Additional data and/or information required by the County to address environmental impacts shall be submitted by the applicant . iv. The proposed use is consistent with the zoning district. v. The proposed use is a bona fide agricultural use. vi. The applicant has signed an executed agreement pursuant to 10.02.06 C.1.a.v. above. c. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for 5 years and may be automatically renewed for 5-year periods providing that a notification in writing is forwarded to the County Manager or designee at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity. Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall be cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. d. Exemptions for agricultural clearing permit. i. An agricultural clearing permit is not required for operations holding a permit under Ordinance No. 76-42 and that can demonstrate that an approved bona fide agricultural activity was in existence within 2 years of the permit issuance date, or that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. A demonstration for exemption may include agricultural classification records from the Property Appraiser's Office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. ii. Upon issuance of an agricultural clearing permit or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance are exempt from obtaining additional agricultural clearing permits for that parcel , if the intent, use, and scope of said activities continue to comply with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously 6 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. iii. Fences, buildings , and structures that require a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. iv. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God provided that: (a) The County Manager or designee is notified in writing within 2 business days prior to such removal and the County makes no objection within said 2 business days; (b) The tree is not a specimen tree; (c) The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation, or restoration program; (d) The parcel is currently engaged in bona fide agriculture, as defined by the LDC; (e) No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. 2. Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of agricultural operations that fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), the property owner shall provide notice to the County Manager or designee that the removal will occur. a. The Administrative Code shall establish the submittal requirements for the agricultural clearing notice, including the following: i. A signed agreement acknowledging the 25-year prohibition on the creation of TDR credits from land cleared for agricultural operations after June 19, 2002, as set forth in LDC section 2.03.07; and ii. If the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non-agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of LDC section 3.05.07, as provided in LDC section 3.05.02. b. Permit fees. The agricultural clearing notice application shall be charged a review fee as established by resolution by the Board. D. Enforcement and penalties. 1. Fines. 7 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank a. The failure of a property owner or any other person to obtain an approved permit as required in this section shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the countyjail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. Removal of vegetation with a bald eagle nest shall be subject to a fine of up to five thousand dollars ($5,000.00) per bald eagle nest. Each nest, eagle, chick and egg using the nest that is removed, shall also constitute a separate and distinct offense and shall be subject to separate and individual fines of up to five thousand dollars ($5,000.00) each or maximum permitted by law, which ever is greater. b. The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 10.02.06 C., to put the subject premises into a bona fide agricultural use shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or designee and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: a. The restoration plan shall include the following minimum planting standards: i. In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of T 4.5 feet above natural grade . ii. Each replacement tree shall be Florida grade No. 1 or better as graded by the 8 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank Florida department of agriculture and consumer service. iii. Replacement vegetation shall meet the following criteria, at time of planting: a) Plant material used to meet the minimum landscape requirements shall be in accordance with 4.06.05. b) Plant material used to meet the requirements for littoral shelf planting areas shall be in accordance with 3.05.10. c) Environmental restoration within County required preserves shall be in accordance with 3.05.07 H. d) Environmental restoration, other than in County required preserves, shall be in accordance with State and Federal agency enforcement or permit conditions. Where such requirements are not enforced or project not permitted by these agencies, the following minimum sizes shall apply: one gallon or liner ground covers, three gallon shrubs and four foot high trees. Ground covers in aquatic environments may be planted as bare root plants. Mangroves may be two foot high at time of planting. e) Natural recruitment of native vegetation similar to or compatible with native vegetation on site will be accepted. iv. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than 3 years. A maintenance provision of no less than 3 years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). v. It shall be at the discretion of the County Manager or designee to allow for any deviation from the above specified criteria. b. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. c. The selection of plants shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System (FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCFCS Code. The species utilized shall be with relative proportions characteristic of those in the FLUCFCS Code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the County Manager or designee. 9 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank d. If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre -violation conditions. e. In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development . For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. f. The County Manager or his designee may, at his discretion, allow the replacement stock to be planted off -site where impending development displaces areas to be restored. In such situations, off -site plantings shall be on lands under the control of a public land and/or agency. The off -site location shall be subject to the approval of the County Manager or his designee. g. The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3. Corrective measures for environmental violations. a. Mitigation. i. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. ii. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off -site mitigation will successfully offset the impacts being mitigated for. Off -site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development . Ratios for off -site mitigation shall be as follows: 2 to 1 for uplands and 3 to 1 for wetlands . iii. The selection of plants to be used shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms 10 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code Classification System (FLUCFCS) Code. The exact number and type of species about:blank required may vary depending on the existing indigenous vegetation found at the site. iv. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh ( diameter at breast height ) in inches removed shall be required. v. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre -violation conditions. vi. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and 1 acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the County Manager or his designee may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. b. Requirements for a mitigation plan. i. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. ii. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.05.07 H or Chapter 7 of the Administrative Code, unless waived by the County Manager or designee. iii. The preparer's name, address and telephone number shall be included on the plan. iv. A north arrow, scale, and date shall be required on the plan. v. Existing vegetation areas shall be shown. vi. The proposed planting areas shall be clearly defined. vii. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. viii. All plants proposed shall be denoted by genus, species, and the common name. ix. I I of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, about:blank natural buffer area, lake, etc. c. Site -specific review criteria. i. All plants used for mitigation shall be native Florida species. ii. Plant materials used to meet minimum landscape requirements of the LDC shall conform to the plant specifications in 4.06.05. iii. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The Florida -Friendly Landscaping Guide to Plant Selection & Landscape Design shall be used in determining the temperature tolerances of the plants. iv. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. v. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. vi. A program to control prohibited exotic vegetation (section 3.05.08) in the mitigation area shall be required. d. County review of mitigation plan. i. The County Manager or designee will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. ii. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. e. Monitoring and replanting. i. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A time zero monitoring report with photographs shall be submitted within 30 days of replanting. At the option of the respondent, two follow-up monitoring reports may be submitted at one-year intervals, starting one year after submittal of the time zero monitoring report, to document condition and survivability of mitigation plantings. If annual monitoring reports are submitted, they must document on -site conditions within one month prior to the anniversary/due date for the re -inspection. Success shall be verified by the County Manager or designee. ii. An eighty percent survival by species shall be required for a two-year period, 12 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code starting at time of submittal of the time zero monitoring report, unless other about:blank arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. Should the County Manager or designee determine the need for an extended monitoring schedule, monitoring may continue until at least an eighty percent survival of required planting(s) has been attained. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. iv. Should there be a change in ownership of the property identified in the approved mitigation plan, the seller will be responsible for notifying the buyer of the mitigation plan and any requirements pursuant to the plan. f. Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06 D.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 4. Appeal from enforcement. Any person who feels aggrieved by the application of this section, may file, within 30 days after said grievance, a petition with the County Manager or designee, to have the case reviewed by the Collier County Board of County Commissioners. Suspension of permit requirement. The Board of County Commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: a. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the Board of County Commissioners. b. The vegetation removal is necessitated by disaster related damage. c. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in section 3.04.00). 13 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code 6. Existing Code Enforcement cases. The requirements of 10,02.06 D.2.a.iii and 10,02.06 about:blank D.3.e.i shall not apply to existing Code Enforcement cases with plans/orders approved prior to October 3, 2012, unless the respondent elects to use the new criteria. E. Wellfield conditional use permit and standards. 1. Petition. a. Owners/operators of a proposed regulated development for which a wellfield conditional use permit will be required to locate the proposed regulated development within any zone, may petition the board for a wellfield conditional use permit exempting the development from the prohibitions set forth in section 3.06.12 hereof, as provided in this section. b. Owners/operators shall submit the application for wellfield conditional use permit to the County Manager on forms prepared by the department. 2. Criteria. a. The owner/operator shall demonstrate by the preponderance of substantial competent evidence that: i. The development has or can satisfy all requirements for a certificate to operate; ii. Special or unusual circumstances exist which are peculiar to the particular development which are different than any other regulated development; iii. Adequate technology exists which will isolate the development from the surficial and intermediate aquifer systems; or iv. Site -specific hydrogeologic data provides reasonable assurances that the existing water quality in surficial and intermediate aquifer systems will not be degraded as a result of the development. 3. Conditions of wellfield conditional use permit. a. In granting the wellfield conditional use permit, the board may prescribe any additional conditions and safeguards which it deems necessary to protect the existing well(s), future identified well(s) or future potable water supply resources. b. The wellfield conditional use permit shall incorporate a certificate to operate, which must be renewed or transferred in the same manner as any other certificate to operate as provided in section 10.04.01 B. hereof. 4. Prohibited wellfield conditional use permits. a. No wellfield conditional use permit may be construed or otherwise interpreted to legalize a regulated development existing on the effective date of this section [November 13, 1991], which is not in compliance with applicable local, state or federal 14 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank law or regulations. No wellfield conditional use permit or other approval under this section shall be knowingly granted to an existing regulated development which is not in compliance with all other applicable local, State or Federal law or regulations. 5. Administrative review of wellfield conditional use permit petition. a. The County Manager shall review the petition for wellfield conditional use permit for compliance with sections 3,06.12 and 3,06.13 of this Code in the same procedural manner as for a certificate to operate. b. If the petition is found not to be in compliance, the County Manager shall advise the owner/operator of the noted deficiencies or required information by certified mail return receipt requested to the address listed in the petition. c. Upon a determination by the County Manager that the petition is in compliance, or upon receipt of written notice from the petitioner that the petition should be processed as is, the County Manager shall render a written recommendation for approval, approval with conditions, or denial of the wellfield conditional use permit. 6. Approval by the board. a. Wellfield conditional use permits which authorize development prohibited in the wellfield risk management special treatment protection overlay zones, are subject to careful review and shall include public notice and hearing as set forth in section 10,04.11 A. hereof. b. All petitions for wellfield conditional use permits shall be heard by the board as provided in section 10.04.11 A. hereof. 7. Wellfield conditional use permit for public or quasipublic development. a. The board, after public hearing, may find that certain existing or proposed public or quasipublic regulated development is exempted from compliance with this section and may issue a wellfield conditional use permit upon finding that: i. The public benefit to be realized by the proposed or existing regulated development outweighs the purpose of this section; and ii. The proposed or existing regulated development cannot, for economic or scientific reasons, be relocated elsewhere. b. The scope of any wellfield conditional use permit granted under this section shall be narrow to avoid derogation of the purpose of this section and the board may impose special conditions of approval to ensure implementation of the intent of the same. c. Petitions shall be processed, approved, approved with conditions or denied as any other wellfield conditional use as provided in section 10.02.06 E. hereof. 15 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank F. Temporary Use Permit Requirements. See LDC section 5,04.01 for temporary use permit classifications and restrictions. 1. The Administrative Code shall establish the procedures and application submittal requirements for temporary use permits. G. Coastal Construction Setback Line Permits. Except as exempted in subsection 4 below, the following activities seaward of the Coastal Construction Setback Line shall require either a 1) Coastal Construction Setback Line (CCSL) permit; 2) Site Development Plans, Site Improvement Plans and Amendments thereof pursuant to LDC section 10.02.03; or 3) Construction Plans and Final Subdivision Plat (PPL) pursuant to LDC section 10.02.04. The appropriate fee as set by county resolution shall be submitted with permit application. All required Federal, State, and County permits shall be obtained prior to commencement of construction. 1. Construction of a dune walkover when the following criteria have been met. a. A maximum width of 6 feet. b. A minimum separation of 200 feet between walkovers when 2 or more walkovers are proposed on a single parcel . 2. Creation, restoration, re -vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. c. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least 2 years professional experience are in the State of Florida. 3. The Administrative Code shall establish the procedures and application submittal requirements for obtaining a Coastal Construction Setback Line permit. 4. Exemptions from CCSL permit. The following activities shall not require a CCSL permit. All required Federal, State, and County permits shall be obtained prior to commencement of construction. a. Certain activities approved by the BCC that may alter ground elevations such as artificial beach nourishment projects or excavation or maintenance dredging of inlet channels. b. Implementation of Federal, State, or County approved preserve or listed species management plans on publically owned land designated as parks, preserves, or 16 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code mitigation areas. about:blank c. Implementation of County approved preserve or listed species management plans on privately owned land pursuant to LDC section 3.05.07 H. d. Hand removal of prohibited exotic and non-native vegetation in accordance with LDC sections 3.05.02 G. 5. All other activities seaward of the CCSL shall require a variance, pursuant to LDC section 6. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set forth elsewhere in the LDC, the following violations of section 9,04.06 H., which occur during sea turtle nesting season: i. Setting up of any structures , prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: (a) First violation: Up to $1,000.00 fine. (b) Second violation: $2,500.00 fine. (c) Third or more violation: $5,000.00 fine. ii. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: (a) First violation: Written notice of ordinance violation. (b) Second violation: Up to $1,000.00 fine. (c) Third violation: $2,500.00 fine. (d) More than 3 violations: $5,000.00 fine. H. Vehicle on the beach regulations. 1. Unlawful to drive on sand dunes or beach or to disturb sand dune . It shall be unlawful: a. To operate or cause to be operated a hand-, animal-, or engine -driven wheel, track or other vehicle or implement on, over or across any part of the sand dunes , hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach . b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof, make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune 17 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code without first securing a permit as provided for in the LDC. about:blank 2. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall be subject to the following. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.06 H.3 below. Permits issued in accordance with this section shall be valid for the time the vehicle is used for its permitted function and shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and be available for inspection. Permits issued for construction vehicles engaged in beach nourishment, inlet maintenance, and general construction activities shall expire on April 30 of each year, to coincide with the beginning of sea turtle nesting season. Vehicle on the beach permits are not transferable. a. Sheriff, City, State and Federal police, emergency services, Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties, and government entities responding to emergency situations, shall be exempt from the provisions of this section. b. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16 remain stationary, except to access and egress the beach , shall be exempt from the provisions of this section if a permit has been obtained from the County Manager or designee. The procedure for obtaining such a permit shall be by application on the form prescribed by Collier County stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier County Ordinance No. 89-16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and if the County Manager or designee is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. All permits issued are subject to the following conditions and limitations: i. All vehicles shall be equipped with tires having a maximum ground -to -tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula provided below. Calculations for tire pressure using the standard formula shall be included with each permit application. PSI = Vehicle weight (Ibs) + equipment (including maximum debris load for beach 18 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank raking equipment and rider weight (lbs)/total tire footprint (square inches) c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non -ambulatory persons and hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal use shall be exempt from the provisions of this section. d. Vehicle -on -the- beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach , are exempt from the provisions of this section if a vehicle -on the- beach permit has been granted by the County Manager or designee. All permits issued are subject to the following conditions and limitations: i. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. ii. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. iii. The types of vehicles permitted for this use may include ATVs, non -motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs. iv. All vehicles shall be equipped with tires having a maximum ground -to -tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. v. Permits shall only be issued for ATVs when the County Manager or designee has determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies; or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. vi. When not in use all vehicles shall be stored off the beach . vii. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle 19 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank Permit; 2) there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one ingress/egress corridor onto and over the beach , perpendicular to the shoreline from the owner's property, shall be designated by the County Manager or designee; additional corridors may be approved when appropriate and necessary as determined by the County Manager or designee; a staging area may be approved for large events as determined by the County Manager or designee and 4) except for designated corridors, all motorized vehicles shall be operated below the mean high water line (MHW), as generally evidenced by the previous high tide mark. If at anytime the County Manager or designee determines that the designated corridor may cause adverse impacts to the beach , nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, as determined by the County Manager or designee, the vehicle -on -the- beach permit may be suspended for the remaining period of the sea turtle season. viii. These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. e. Permit for construction (excluding beach re -nourishment and maintenance activities). Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the dune . It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be subject to the provisions of section 10.02.06 H.3. f. Beach raking and mechanical beach cleaning. i. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. ii. Beach raking and mechanical beach cleaning must comply with the provisions of section 10.02.06 H. of this Chapter. iii. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. iv. Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of beach which is covered by high tide and which remains wet during low tide. 20 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank Beach raking and mechanical beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within ten feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. v. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion. vi. Vehicles with greater than ten psi ground to tire pressure, shall not be used to conduct beach raking. Vehicles with less than ten psi ground to tire pressures, in conjunction with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct beach raking upon approval of the County Manager or designee. vii. Mechanical beach cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the County Manager or designee. Necessity will include when large accumulations of dead and dying sea -life or other debris remains concentrated on the wrack -line for a minimum of two tidal cycles following a storm event, red tide or other 1. materials which represent a hazard to public health. g. Vehicles associated with beach nourishment and inlet maintenance. i. Heavy equipment used in conjunction with beach nourishment, inlet maintenance, to accomplish FDEP permit requirements, or other unusual circumstance as determined by the County Manager or designee, which cannot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be accomplished prior to April 15 following construction and for the next two years should compaction evaluations exceed state requirements. ii. Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, the County Manager or designee, and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area. iii. No tilling of the beaches shall occur during sea turtle nesting season. 21 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this section. Permits issued pursuant to this section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this section are subject to the following penalties: a. Violations of section 10.02.06 H.2.f above which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. b. Minor infractions of section 10.02.06 H.2.f above which occur during sea turtle nesting `-- season are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: b a) without permit being available for inspection; or b) with improper tire pressure. c. Major infractions of section 10,02.06 H.2.f above which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation: $1,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Second violation: $2,500.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. 22 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank Third or more violation: $5,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. d. Violations of section 10,02,06 H., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. e. Violations of sections 10.02.06 H. which occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) with permit not available for inspection; or b) with improper tire pressure. I. Cultivated Tree Removal Permit. 1. Generally. A Cultivated Tree Removal Permit is required for the removal or relocation of any tree or palm that has been installed for landscaping and which is not a part of a preserve. Moving a tree from one location to another shall not be considered removal; however, a Cultivated Tree Removal permit shall be obtained. A maximum of 10 trees per 5 year period may be removed with a Cultivated Tree Removal Permit. Protected vegetation , other than that planted for landscaping, shall require a Vegetation Removal Permit; refer to LDC section 3.05.00. In no instance shall a site fall below the current minimum landscape code standard. 2. Applicability. The provisions of this section are applicable to all development unless otherwise specified in this section. 3. Exemptions: a. The removal of a prohibited exotic tree is exempt from obtaining a Cultivated Tree Removal Permit, unless the prohibited exotic tree is used to meet the minimum landscaping code requirements pursuant to a final local development order, prior to October 2, 2013. b. Single-family home sites are exempt from obtaining a Cultivated Tree Removal Permit. Single-family home sites shall maintain the minimum code landscaping requirements established in LDC section 4,06,05. 4. Criteria for removal of cultivated landscaping. The landscape architect may approve a Cultivated Tree Removal permit application based on the following criteria: 23 of 25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank a. A tree cannot be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure . b. A tree is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s). c. Other public health and safety circumstances as determined by the County landscape architect. 5. Application. The Administrative Code shall establish the application procedure and submittal requirements for obtaining a Cultivated Tree Removal permit. a. The County Manager or designee may require the site plan be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees. 6. Approval. The County Manager or designee shall approve, approve with conditions, or deny a Cultivated Tree Removal Permit. 7. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one of the following conditions: a. That the minimum code required tree, if transplanted, shall be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in LDC section 4.06.05. b. That the minimum code required tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the County Landscape Architect, planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. J. zoning Verification Letter. 1. A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map, the Future Land Use Map, and the Growth Management Plan and establish the following determinations. a. Generally. The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property. Additional information may be requested about the subject property, including but not limited to the following: i. Allowable uses and development standards applicable to the property under the LDC; ii. Zoning of adjacent properties; iii. Confirmation of any site development plan, conditional use, or variance 24 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank approved for the property; and iv. The nonconforming status of the property. b. Comparable Use Determination. The County Manager or designee may issue a zoning verification letter to determine whether a use within a PUD is consistent and compatible with the surrounding uses within the PUD. To be effective, the zoning verification letter shall be approved by the BCC by resolution at an advertised public hearing. c. Non-residential Farm Building Exemption. The County Manager or designee, in coordination with the Collier County Building Official, may issue a zoning verification letter to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure . d. Administrative Fence Waiver. The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a. 2. The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter. (Ord. No. 04-72, § 3.CC; Ord. No. 05-27, § 3.WW; Ord. No. 06-07, § 3.V; Ord. No. 07-67, § 3.V; Ord. No. 08-63, § ILL; Ord. No. 09-43, § 3.B; Ord. No. 10-23, § 3.RR; Ord. No. 12-38, § 3.HH; Ord. No. 13-56, § INN; Ord. No. 15-44, § 3.K) 25 of25 10/8/2021, 8:38 AM Collier County, FL Land Development Code about:blank 10.03.06 - Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices. This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions. A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly referred to as a LDC amendment. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use . For minor conditional use notice requirements see-1 0.03.06 C, below and for County initiated rezonings, see 10.03.06 K.: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC or BZA hearing. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. d. Posting of a sign prior to the first advertised public hearing. e. For a rezoning or a PUD amendment the County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearing before the BCC or BZA. C. Minor conditional use. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant to 1 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. D. PUD extension, conditional use extension, or conditional use re -review: 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. Signage is not required for a conditional use re -review. E. Ordinance or resolution for comprehensive plan amendments: 1. The following advertised public hearings are required: a. One or more Planning Commission hearings pursuant to F.S. Chapter 163. b. One or more BCC hearings pursuant to F.S. Chapter 163. 2. The following notice procedures are required: a. Small scale amendments: i. A NIM, which shall be held after the first set of staff review comments have been issued and prior to the Planning Commission hearing. ii. Mailed Notice prior to the advertised Planning Commission hearing. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed plan amendment prior to the advertised BCC public hearing. b. Regular scale amendments: i. A NIM, which shall be held after the first set of staff review comments have been issued and prior to the Planning Commission adoption hearing for a site specific amendment. 2 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank Mailed Notice prior to the advertised Planning Commission hearing for a site specific amendment. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing for a site specific amendment. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed plan amendment prior to the advertised BCC public hearing. F. Variance, pursuant to LDC section 9,04.02 or a sign variance, pursuant to LDC section 5.06.08: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. G. Parking exemption, pursuant to LDC section 4.05.02 K.3: 1. The following advertised public hearing is required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to resubmittal of the petition to the County. b. Mailed Notice prior to each advertised public hearing. . c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. 2. The following notice procedures are required: 3 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank a. For a PDI, a NIM. See LDC section 10,03.05 A. However, upon written request by the applicant, the Hearing Examiner has the discretion to waive the NIM after the first set of staff review comments have been issued. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. I. Ordinance or resolution for the establishment, amendment to, or the abandonment of a Development of Regional Impact (DRI): 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. In accordance with F.S. § 380.06 and the Florida Administrative Code. J. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of less than 10 contiguous acres of land. This is commonly referred to as a rezone. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the first advertised public hearing. b. Newspaper Advertisement prior to each advertised public hearing. The advertisement for the Planning Commission hearing shall include a project location map. c. Posting of a sign prior to the first advertised public hearing. d. The County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearings before the BCC. K. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of more than 10 contiguous acres of land or more or an ordinance or resolution that will change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. This is commonly referred to as a rezone or LDC amendment: 1. The following advertised public hearings are required: a. At least one Planning Commission hearing. The Planning Commission may elect by a majority decision to hear such ordinance or resolution at two public hearings. If there 4 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank is only one Planning Commission hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are two Planning Commission hearings, then at least one of the hearings shall be held after 5:00 p.m. on a weekday. b. At least two BCC hearings. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day. 2. The following notice procedures are required: a. Newspaper Advertisement prior to Planning Commission hearing including a project location map. i. The first Planning Commission hearing shall be held approximately seven days after the day that the first advertisement is published. The second hearing will be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The day, time, and place of a second public hearing shall be announced at the first public hearing. b. Newspaper Advertisement prior to the BCC hearings in accordance with F.S § 125.66 (4) including a project location map. i. In lieu of the newspaper advertisement, the BCC may mail a written notice to property owners within the area covered by the proposed ordinance or resolution. The notice shall include the time, place and location of both the public hearings before the BCC. ii. The first BCC hearing shall be held at least seven days after the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 1. The following advertised public hearings are required: a. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing pursuant to LDC section 4.08.06 E.1. M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments. 1. The following advertised public hearings are required: a. SRA designation or SRA substantial change: i. One EAC hearing, if required. ii. One Planning Commission hearing. 5 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank iii. One BCC hearing. b. SRA insubstantial change: i. One Planning Commission or Hearing Examiner hearing. ii. If heard by the Planning Commission, one BCC hearing. 2. The following notice procedures are required: a. SRA designation or SRA substantial change: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the first advertised public hearing. iii. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. iv. Posting of a sign prior to the first advertised public hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised BCC public hearing. b. SRA insubstantial change: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the advertised public hearing. iii. Newspaper Advertisement prior to the advertised public hearing. iv. Posting of a sign prior to the advertised public hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised public hearing. N. Ordinance or resolution for a mixed use project (MUP) located in the mixed use district overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding administrative approval, pursuant to LDC section 10,02,15: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required. a. A NIM. See LDC section 10,03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. A 6 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank Affirmation or approval of a Zoning Verification Letter that allows a new use that is comparable, compatible, and consistent within a PUD. 1. The following advertised public hearings are required: a. One BCC or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. P. Official Interpretations, pursuant to LDC section 1.06.00. 1. The following notice procedures are required for the interpretation of county wide application of the Growth Management Plan, Land Development Code and the building code: a. Newspaper Advertisement. 2. The following notice procedures are required for the interpretation affecting a specific parcel of land. a. Notification of affected property owner. Where a site specific official interpretation has been requested by a party other than the property owner, the County shall notify the property owner that an official interpretation has been requested. b. For site specific official interpretations, Mailed Notice shall be sent to property owners within 300 feet of the property lines of the land for which the interpretation is requested. c. Newspaper Advertisement. Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00. 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10,02.03 F. 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with 7 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code F.S. § 125.66. about: b lank b. Mailed Notice prior to the advertised public hearing. S. Post Take Plan , pursuant to LDC section 9.03.07 D. 1. The following notice procedures are required: a. Mailed Notice. Additional Mailed Notice details are established in LDC 9,03.07 D.3.b. b. If a Planning Commission or Hearing Examiner hearing is required, a Newspaper Advertisement. 2. The following advertised public hearings may be required: a. If a written objection is received, one Planning Commission or Hearing Examiner hearing. T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC section 10.02.13 E.3.c. 1. The following notice procedures are required: a. Mailed Notice, sent by the applicant. 2. The following advertised public hearings may be required: a. If a written objection is received, one BCC or Hearing Examiner hearing. U. Automobile Service Station Waiver pursuant to 5.05.05 and Alcohol Beverage Distance Waiver pursuant to 5.05.01. 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. For an Alcohol Beverage Distance Waiver, an Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the second submittal. b. Newspaper Advertisement prior to the advertised public hearing. V. Nonconforming Use Change pursuant to 9.03.02 D and Nonconforming Use Alteration, pursuant to LDC section 9.03.03 B.S. 1. The following advertised public hearings are required: a. One Hearing Examiner or BZA hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. 8 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blank W. Intent to Convert, pursuant to LDC section 5,05.15 C.1. 1. The following notice procedures are required: a. Mailed notice sent by the applicant after the Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. b. Posting of a sign after Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 1. The following notice procedures are required: a. Newspaper advertisement at least 15 days prior to the Stakeholder Outreach Meeting. b. Mailed notice sent by the applicant at least 15 days prior to the required Stakeholder Outreach Meetings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. This mailed notice may include both required Stakeholder Outreach Meeting dates. All mailed notices shall include the web address to participate in the required web -based visual survey. Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 1. The following advertised public hearings are required. a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper advertisement at least 15 days prior to the advertised public hearing. b. Mailed notice sent by the applicant at least 15 days prior to the required public hearings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. (Ord. No. 13-56, § 3.UU; Ord. No. 14-33, § 3.CC; Ord. No. 15-44, § 3.M; Ord. No. 17-10, § 3.E) 9 of 9 10/8/2021, 8:46 AM Collier County, FL Land Development Code about:blan B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial 29 of 223 10/8/2021, 8:45 An Collier County, FL Land Development Code about:blank and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Apparel and accessory stores (5611-5699) with 1,800 square feet or less of gross floor area in the principal structure . 5. Architectural services (8712). 6. Auditing (8721). 7. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots"). 8. Banks, credit unions and trusts (6011-6099). 9. Barber shops (7241, except for barber schools). 10. Beauty shops (7231, except for beauty schools). 11. Bookkeeping services (8721). 12. Business consulting services (8748). 13. Business credit institutions (6153-6159). 14. Child day care services (8351). 15. Churches . 16. Civic, social and fraternal associations (8641). 17, Commercial art and graphic design (7336). 18. Commercial photography (7335). 19. Computer and computer software stores (5734) with 1,800 square feet or less of gross floor area in the principal structure . 20. Computer programming, data processing and other services (7371-7379). 21. Credit reporting services (7323). 22. Debt counseling (7299, no other miscellaneous services) 30 of223 10/8/2021, 8:45 AM Collier County, FL Land Development Code 23. Direct mail advertising services (7331). about: blank 24. Eating places (5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure ). 25. Educational plants and public schools subject to LDC section 5.05.14. 26. Engineering services (8711). 27. Essential services , subject to section 2.01.03. 28. Food stores (groups 5411 - except supermarkets, 5421-5499) with 2,800 square feet or less of gross floor area in the principal structure . 29. Funeral services (7261, except crematories). 30. Garment pressing, and agents for laundries and drycleaners (7212). 31. Gasoline service stations (5541, subject to section 5.05.051. 32. General merchandise stores (5331-5399) with 1,800 square feet or less of gross floor area in the principal structure . 33. Glass stores (5231) with 1,800 square feet or less of gross floor area in the principal structure . 34. Group care facilities (category I and II, except for homeless shelters); care units , except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05,04. 35. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure . 36. Health services, offices and clinics (8011-8049). 37. Home furniture and furnishings stores (5713-5719) with 1,800 square feet or less of gross floor area in the principal structure . 38. Home health care services (8082). 39. Insurance carriers, agents and brokers (6311-6399, 6411). 40. Landscape architects, consulting and planning (0781). 41. Laundries and drycleaning, coin operated - self service (7215). 42. Legal services (8111). 43. Libraries (8231, except regional libraries). 44. Loan brokers (6163). 45. Management services (8741 and 8742). 46. Mortgage bankers and loan correspondents (6162). 31 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 47. Musical instrument stores (5736) with 1,800 square feet or less of gross floor area in the principal structure . 48. Paint stores (5231) with 1,800 square feet or less of gross floor area in the principal structure . 49. Personal credit institutions (6141). 50. Photocopying and duplicating services (7334). 51. Photofinishing laboratories (7384). 52. Photographic studios, portrait (7221). 53. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand-alone facilities shall be permitted). 54. Public relations services (8743). 55. Radio, television and consumer electronics stores (5731) with 1,800 square feet or less of gross floor area in the principal structure . 56. Radio, television and publishers advertising representatives (7313). 57. Real Estate (6531-6552). 58. Record and prerecorded tape stores (5735) with 1,800 square feet or less of gross floor area in the principal structure . 59. Religious organizations (8661). 60. Repair services - miscellaneous (7629-7631, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 61. Retail services - miscellaneous (5912, 5942-5961) with 1,800 square feet or less of gross floor area in the principal structure . 62. Secretarial and court reporting services (7338). 63. Security and commodity brokers, dealer, exchanges and services (6211-6289). 64. Shoe repair shops and shoeshine parlors (7251). 65. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 66. Surveying services (8713). 67. Tax return preparation services (7291). 68. Travel agencies (4724, no other transportation services). �-- 69. United State Postal Service (4311, except major distribution center). 70. Veterinary services (0742, excluding outdoor kenneling). 32 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code aboutNank 71. Videotape rental (7841) with 1,800 square feet or less of gross floor area in the principal structure . 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure . 73. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 74. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10,08,00. 75. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C-2 district. 2. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: i. A minimum five and one-half (5'/2) foot high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure ; ii. Ingress to and egress from the play area shall be made only from the principal structure , however an emergency exit from the play area shall be provided which does not empty into the principal structure . iii. The play equipment shall be set back a minimum distance of five (5) feet from the required fence and from the principal structure . 3. Caretaker's residence, subject to section 5.03.05. 4. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in section 10.08.00. 1. Ancillary plants . 2. Educational services (8211, 8222). 3. Homeless shelters. 4. Household appliance stores (5722, limited to air-conditioning room units, self- 33 of223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank contained -retail, electronic household appliance stores -retail, household appliance stores, electric or gas -retail, sewing machine stores -retail, and vacuum cleaner stores - retail) with 1,800 square feet or less of gross floor area in the principal structure . 5. Marinas (4493 excluding boat yards, storage and incidental repair), subject to LDC 6. Membership organizations, miscellaneous (8699, excluding humane societies, animal) limited to 1,800 square feet or less of gross floor area in the principal structure . 7. Mixed residential and commercial uses subject to design criteria contained in LDC section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10,02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional A" standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50%) percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two (2) stories ; viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one -bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space . The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance 34 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:bl; C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets . Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers . This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification 35 of 223 10/8/2021, 8:45 A Collier County, FL Land Development Code about:blank Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 5. Animal specialty services, except veterinary (0752, excluding outside kenneling ). 6. Apparel and accessory stores (5611-5699) with 5,000 square feet or less of gross floor area in the principal structure . 7. Architectural services (8712). S. Auditing (8721). 9. Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area in the principal structure . 10. Automobile Parking, automobile parking garages and parking structures (7521 — shall not be construed to permit the activity of "tow -in parking lots"). 11. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 12. Banks, credit unions and trusts (6011-6099). 13. Barber shops (7241, except for barber schools). 14. Beauty shops (7231, except for beauty schools). 15. Bookkeeping services (8721). 16. Business associations (8611). 17. Business consulting services (8748). 18. Business credit institutions (6153-6159). 19. Business services — miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -telephone, drive -away automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, 36 of223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 20. Child day care services (8351). 21. Churches. 22. Civic, social and fraternal associations (8641). 23. Commercial art and graphic design (7336). 24. Commercial photography (7335). 25. Computer and computer software stores (5734) with 5,000 square feet or less of gross floor area in the principal structure . 26. Computer programming, data processing and other services (7371-7379). 27. Credit reporting services (7323). 28. Direct mail advertising services (7331). 29. Drycleaning plants (7216, nonindustrial drycleaning only). 30. Drug stores (5912). 31. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure . All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of 32. Educational plants and public schools subject to LDC section 5.05,14. 33. Engineering services (8711). 34. Essential services , subject to section 2.01.03. 35. Federal and federally -sponsored credit agencies (6111). 36. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure . 37. Funeral services (7261, except crematories). 38. Garment pressing, and agents for laundries and drycleaners (7212). 39. Gasoline service stations (5541, subject to section 5.05.05). 40. General merchandise stores (5331-5399) with 5,000 square feet or less of gross floor area in the principal structure . 41. Glass stores (5231) with 5,000 square feet or less of gross floor area in the principal structure . 42. Group care facilities (category I and II, except for homeless shelters); care units , except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. 37 of223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 04. 43. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure . 44. Health services, offices and clinics (8011-8049). 45. Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure . 46. Home health care services (8082). 47. Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure . 48. Insurance carriers, agents and brokers (6311-6399, 6411). 49. Labor unions (8631). 50. Landscape architects, consulting and planning (0781). 51. Laundries and drycleaning, coin operated - self service (7215). 52. Laundries, family and commercial (7211). 53. Legal services (8111). 54. Libraries (8231). 55. Loan brokers (6163). 56. Management services (8741 and 8742). 57. Marinas (4493), subject to section 5.05,02. 58. Membership organizations, miscellaneous (8699). 59. Mortgage bankers and loan correspondents (6162). 60. Museums and art galleries (8412). 61. Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in the principal structure . 62. Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure . 63. Personal credit institutions (6141). 64. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure. 65. Personnel supply services (7361 and 7363). 66. Photocopying and duplicating services (7334). 38 of223 10/8/2021, 8:45 AM Collier County, FL Land Development Code 67. Photofinishing laboratories (7384). about:blank 68. Photographic studios, portrait (7221). 69. Physical fitness facilities (7991; 7911, except discotheques). 70. Political organizations (8651). 71. Professional membership organizations (8621). 72. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 73. Public relations services (8743). 74. Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure . 75. Radio, television and publishers advertising representatives (7313). 76. Real Estate (6531-6552). 77. Record and prerecorded tape stores (5735) with 5,000 square feet or less of gross floor area in the principal structure . 78. Religious organizations (8661). 79. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 80. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure . 81. Retail services - miscellaneous (5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor area in the principal structure . 82. Secretarial and court reporting services (7338). 83. Security and commodity brokers, dealer, exchanges and services (6211-6289). 84. Shoe repair shops and shoeshine parlors (7251). 85. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 86. Surveying services (8713). 87. Tax return preparation services (7291). 88. Travel agencies (4724, no other transportation services). 1- 89. United State Postal Service (4311, except major distribution center). 90. Veterinary services (0742, excluding outdoor kenneling ). 39 of 223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank 91. Videotape rental (7841) with 5,000 square feet or less of gross floor area in the principal structure . 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure . 93. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 94. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 95. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 96. Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 97. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 district. 2. Caretaker's residence, subject to section 5.03.05. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in sections 4,02.02 and 10,08.00. 1. Amusements and recreation services, outdoor (7999 - boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary plants. 3. Automotive vehicle dealers (5511, limited to automobile agencies (dealers) -retail and only new vehicles). In addition to the Planning Commission's Findings, its recommendation shall include, but not be limited to, the following considerations for the conditional use request: 40 of223 10/8/2021, 8:45 AM Collier County, FL Land Development Code a. Controls on outdoor paging or amplified systems used as part of the daily about:blank operations. b. Location of enclosed service areas, with exception for entry/exit doors. c. The number of service bays. d. Operation hours. e. Adequacy of buffer(s) . f. Location of gasoline storage and/or fueling tanks. g. Means of delivery of automobiles. 4. Bowling centers (7933). 5. Coin operated amusement devices (7993). 6. Courts (9211). 7. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05,01. 8. Educational services (8221 and 8222). 9. Fire protection (9224). 10. Food stores with greater than 5,000 square feet of gross floor area in the principal �. structure (groups 5411-5499). 11. Health services (8071, 8092, and 8099). 12. Homeless shelters. 13. Hospitals (groups 8062-8069). 14. Legal counsel and prosecution (9222). 15. Medical equipment rental and leasing (7352). 16. Membership sports and recreational clubs indoor only (7997). 17. Mixed residential and commercial uses, subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; 41 of223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blank vi. The number of residential dwellings units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two stories; viii. Each residential dwelling unit shall contain the following minimum floor areas efficiency and one -bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space . The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 18. Motion picture theaters, (7832 - except drive-in). 19. Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure . 20. Permitted personal services, video rental or retail uses (excluding drug stores - 5912) with more than 5,000 square feet of gross floor area in the principal structure . 21. Permitted use with less than 700 square feet gross floor area in the principal structure . 22. Public order and safety (9229). 23. Social services (8322 - other than those permitted, 8331-8399) 24. Soup kitchens. 25. Theatrical producers and miscellaneous theatrical services (7922 - community theaters only). 26. Vocational schools (8243-8299). 42 of223 10/8/2021, 8:45 AM Collier County, FL Land Development Code about:blat 27. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. 43 of 223 10/8/2021, 8:45 Al` Sec. 250-58. - Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the administrative decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the administrative action from which an appeal is taken. (b) Due public notice of the hearing on the administrative appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. (Laws of Fla. ch. 67-1246, § 16; Laws of Fla. ch. 2001-344, § 1) 1.06.01 - Responsibility for Interpretations A. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries of land use districts on the future land use map. B. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits. C. During the course of review of a development order or permit, as the case may be, should an applicant and staff be unable to concur on the application of a specific provision or provisions of this LDC, the County Manager or designee shall be authorized to make a final determination. D. Request for Official Interpretation. The County Manager or designee may render an official interpretation of any part of the LDC. The building official may render an official interpretation of any part of the Florida Building Code. 1. Generally. An official interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. 2. Procedure. The Administrative Code shall establish the procedure and submittal requirements for an official interpretation. 3. Request Criteria. Each request must identify the specific LDC or building code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set forth in the fee resolution adopted by the Board of County Commissioners. Under no circumstances may the request for interpretation contain more than 3 issues or questions. It must not contain a single question with more than 3 sub -issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than 3 issues, the applicant will be required to submit a separate request accompanied by the applicable fees. 4. Notice. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Public notice procedures are identified in LDC subsection 10.03.06 P. 5. Effective time limits of an interpretation. a. An interpretation rendered by the County Manager or designee shall remain in effect until the appropriate LDC section is amended to clarify the applicable provision or provisions which warranted the interpretation, or until such time as the interpretation is adopted, modified, or rejected as a result of an appeal to the Board of Zoning Appeals and/or the Building Board of Adjustments and Appeals, by the applicant or other individual or entity identified in LDC section 1.06.01 D.1, above. From the time the interpretation is rendered and the time the appropriate LDC section is amended, or in the case of an appeal, until such time as the Board of Zoning Appeals and/or Building Board of Adjustments and Appeals has rendered its finding, no further request for interpretation regarding the same issue shall be permitted. b. An interpretation rendered by the building official shall remain in effect as provided for in the Florida Building Code. 6. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. a. Within 30 days after receipt by the applicant or affected property owner of a written official interpretation sent by certified mail return receipt requested by the County Manager or designee or building official, or within 30 days of publication of public notice of the official interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the Building Board of Adjustments and Appeals for matters relating to building and technical codes as shown in LDC section 1.07.00 or to the Board of Zoning Appeals for all other matters in the LDC. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the official interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, LDC, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. b. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant. c. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or designee or building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the LDC or the official zoning atlas, or building code related matters, whichever is applicable. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County Manager or designee's or building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject their interpretation. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County Manager or designee's or building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the official interpretation is contrary to the Growth Management Plan, the future land use map, the LDC or the official zoning atlas, or building code, whichever is applicable. d. Time limitations on appeals. Any appeal that has not been acted upon by the applicant within 6 months of the applicant filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subject to the then current LDC. (Ord. No. 13-56, § 3.A) bA � i0. mw � •c a c a � o ao ow o a � � o � ^o � � o0 N..mw +� 0 o, �• �, sago s o o Mw a A ° a. A s U ow P�U ow � � C 4" N � • C i. (6 c c U a o. 0 v o U u 4. ^C O = 4w.. 00 c 4-o M +. > CC u O c cu V1 6 O 00 FO GL G. c a c fj C'N 0 u A 0 cu A 4° too i w :z. C ow o C. U O w a � F w N v L.1� b!1 � C� � H CL O C C Imw +•+ 4. ^C O • 0 C O C � Owow � o0 s Q L o G A U40. A ,*W y ow C� 4 0 v w U •� ^O O � w C A o A A o c V A �-- w c O 4. O p U O O O > ipow O i�r C O w trz 42 w > cd r.+ 44 A w+ .. (W u O cl41 4 ~ Vcl w a cl V` � u► O E� � .0 C7 r+ N 42 2.02.03 - Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.03.00 - ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND CONDITIONAL USES In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted uses, which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in LDC section 10.02.06 K. B. Effect of Approvals Under the Zoning Reevaluation Ordinance. Any use or structure that has been granted a compatibility exception, an exemption, or vested rights pursuant to the Collier County Zoning Reevaluation Ordinance, Ordinance No. 90-23 (1990), shall be a permitted use in the zoning district in which it is located to the extent of its approved maximum density or intensity of use and to the extent that it remains effective. Such use or structure shall nevertheless comply with all other requirements and regulations of the LDC. (Ord. No. 20-44 , § 3.A) 2.03.03 - Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter -jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Architectural services (8712). 5. Auditing (8721). 6. Automobile parking lots (7521) only. 7. Barber shops (7241, except for barber schools). 8. Beauty shops (7231, except for beauty schools). 9. Bookkeeping services (8721). 10. Business consulting services (8748). 11. Business credit institutions (6153-6159). 12. Child day care services (8351). 13. Computer programming, data processing and other services (7371 - 7376, 7379). 14. Credit reporting services (7323). 15. Debt counseling (7299, no other miscellaneous services) 16. Direct mail advertising services (7331). 17. Educational plants and public schools subject to LDC section 5.05.14. 18. Engineering services (8711). 19. Essential services, subject to section 2.01.03. 20. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 21. Health services, offices and clinics (8011-8049). 22. Insurance carriers, agents and brokers (6311-6399, 6411). 23. Landscape architects, consulting and planning (0781). 24. Legal services (8111). 25. Loan brokers (6163). 26. Management services (8741 and 8742). 27. Mortgage bankers and loan correspondents (6162). 28. Personal credit institutions (6141). 29. Photographic studios, portrait (7221). 30. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand-alone facilities shall be permitted). 31. Public relations services (8743). 32. Radio, television and publishers advertising representatives (7313). 33. Real Estate (6531-6552). 34. Secretarial and court reporting services (7338). 35. Security and commodity brokers, dealer, exchanges and services (6211-6289). 36. Shoe repair shops and shoeshine parlors (7251). 37. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 38. Surveying services (8713). 39. Tax return preparation services (7291). 40. Travel agencies (4724, no other transportation services). 41, Any other commercial use or professional service which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. b. Accessory uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-1 district. 2. Caretaker's residence, subject to section 5.03.05. c. Conditional uses. The following uses are permissible as conditional uses in the (C-1) commercial professional and general office district, subject to the standards and procedures established in LDC section 10.08.00. 1. Ancillary plants. 2. Automobile parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots"). 3. Banks, credit unions and trusts (6011-6099). 4. Churches. 5. Civic, social and fraternal associations (8641). 6. Eating places primarily intended to serve employees and customers of the permitted use (5812, excluding Automats (eating places); caterers; commissary restaurants; contract feeding; dinner theaters; drive-in restaurants; industrial feeding; restaurants; carry -out; theaters; dinner).The request may be permitted subject to the following criteria: ` a. The use is physically integrated and operated in conjunction with another permitted use in the C-1 district (no stand-alone facilities shall be permitted). b. There is no exterior signage. c. There is no direct exterior access. d. Parking for the permitted use is consistent with LDC section 4.05.04. e. In addition to the Planning Commission's Findings, its recommendation shall include, but not be limited to, the following considerations for the conditional use request: i. Seating capacity. ii. Gross floor area of the request in relation to the principal structure. 7. Educational services (8211-8222). 8. Funeral services (7261, except crematories). 9. Home health care services (8082). 10, Homeless shelters. 11. Libraries (8231, except regional libraries). 12. Mixed residential and commercial uses subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and of the neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50%) percent of the gross floor area of the building; vii. Building height may not exceed two (2) stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: Efficiency and one - bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); x. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular access ways and parking areas from residential units, to the greatest extent possible. 13. Religious organizations (8661). 14. Soup kitchens. 15, Veterinary services (0742, excluding outdoor kenneling). B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Apparel and accessory stores (5611-5699) with 1,800 square feet or less of gross floor area in the principal structure. 5. Architectural services (8712). 6. Auditing (8721). 7. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots"). 8. Banks, credit unions and trusts (6011-6099). 9. Barber shops (7241, except for barber schools). 10. Beauty shops (7231, except for beauty schools). 11. Bookkeeping services (8721). 12. Business consulting services (8748). 13. Business credit institutions (6153-6159). 14. Child day care services (8351). 15. Churches. 16. Civic, social and fraternal associations (8641). 17. Commercial art and graphic design (7336). 18. Commercial photography (7335). 19. Computer and computer software stores (5734) with 1,800 square feet or less of gross floor area in the principal structure. 20. Computer programming, data processing and other services (7371-7379). 21. Credit reporting services (7323). 22. Debt counseling (7299, no other miscellaneous services) T 23. Direct mail advertising services (7331). 24. Eating places (5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure). 25. Educational plants and public schools subject to LDC section 5.05.14. 26. Engineering services (8711). 27. Essential services, subject to section 2.01.03. 28. Food stores (groups 5411 - except supermarkets, 5421-5499) with 2,800 square feet or less of gross floor area in the principal structure. 29. Funeral services (7261, except crematories). 30. Garment pressing, and agents for laundries and drycleaners (7212). 31. Gasoline service stations (5541, subject to section 5.05.05). 32. General merchandise stores (5331-5399) with 1,800 square feet or less of gross floor area in the principal structure. 33. Glass stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 34. Group care facilities (category I and 11, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 35. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 36. Health services, offices and clinics (8011-8049). 37. Home furniture and furnishings stores (5713-5719) with 1,800 square feet or less of gross floor area in the principal structure. 38. Home health care services (8082). 39. Insurance carriers, agents and brokers (6311-6399, 6411). 40. Landscape architects, consulting and planning (0781). 41. Laundries and drycleaning, coin operated - self service (7215). 42. Legal services (8111). 43. Libraries (8231, except regional libraries). 44. Loan brokers (6163). 45. Management services (8741 and 8742). 46. Mortgage bankers and loan correspondents (6162). 47. Musical instrument stores (5736) with 1,800 square feet or less of gross floor area in the principal structure. 48. Paint stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 49. Personal credit institutions (6141). 50. Photocopying and duplicating services (7334). 51. Photofinishing laboratories (7384). 52. Photographic studios, portrait (7221). 53. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand-alone facilities shall be permitted). 54. Public relations services (8743). 55. Radio, television and consumer electronics stores (5731) with 1,800 square feet or less of gross floor area in the principal structure. 56. Radio, television and publishers advertising representatives (7313). 57. Real Estate (6531-6552). 58. Record and prerecorded tape stores (5735) with 1,800 square feet or less of gross floor area in the principal structure. 59. Religious organizations (8661). 60. Repair services - miscellaneous (7629-7631, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 61. Retail services - miscellaneous (5912, 5942-5961) with 1,800 square feet or less of gross floor area in the principal structure. 62. Secretarial and court reporting services (7338). 63. Security and commodity brokers, dealer, exchanges and services (6211-6289). 64. Shoe repair shops and shoeshine parlors (7251). 65. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 66. Surveying services (8713). 67. Tax return preparation services (7291). 68. Travel agencies (4724, no other transportation services). 69. United State Postal Service (4311, except major distribution center). 70. Veterinary services (0742, excluding outdoor kenneling). 71. Videotape rental (7841) with 1,800 square feet or less of gross floor area in the principal structure. 72, Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 73, Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 74. Any other commercial convenience use which is comparable in nature with the list of permitted uses and -•- consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 75. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C-2 district. 2. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: i. A minimum five and one-half (5Y2) foot high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; ii. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure. iii. The play equipment shall be set back a minimum distance of five (5) feet from the required fence and from the principal structure. 3. Caretaker's residence, subject to section 5.03.05. 4. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. r. c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in LDC section 10.08.00. 1. Ancillary plants. 2. Educational services (8211, 8222). 3. Homeless shelters. 4. Household appliance stores (5722, limited to air-conditioning room units, self -contained -retail, electronic household appliance stores -retail, household appliance stores, electric or gas -retail, sewing machine stores - retail, and vacuum cleaner stores -retail) with 1,800 square feet or less of gross floor area in the principal structure. 5. Marinas (4493 excluding boat yards, storage and incidental repair), subject to LDC section 5.05.02. 6. Membership organizations, miscellaneous (8699, excluding humane societies, animal) limited to 1,800 square feet or less of gross floor area in the principal structure. 7. Mixed residential and commercial uses subject to design criteria contained in LDC section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50%) percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two (2) stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one - bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 8. Personal services, miscellaneous (7299 - not listed as principle uses and limited to babysitting bureaus; birth certificate agencies; car title and tag services; computer photography or portraits; dating service; diet workshops; dress suit rental; tux rental; genealogical investigation service; hair removal; shopping service for individuals only; wardrobe service, except theatrical; wedding chapels, privately operated) with 1,800 square feet or less of gross floor area in the principal structure. 9. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 10. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 11. Soup kitchens. C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 5. Animal specialty services, except veterinary (0752, excluding outside kenneling). 6. Apparel and accessory stores (5611-5699) with 5,000 square feet or less of gross floor area in the principal structure. 7. Architectural services (8712). 8. Auditing (8721). 9. Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area in the principal structure. 10. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots"). 11. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 12. Banks, credit unions and trusts (6011-6099). 13. Barber shops (7241, except for barber schools). 14. Beauty shops (7231, except for beauty schools). 15. Bookkeeping services (8721). 16. Business associations (8611). 17. Business consulting services (8748). 18. Business credit institutions (6153-6159). 19. Business services - miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits cotton inspection, cotton sampler, directories -telephone, drive -away automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of ` electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 20. Child day care services (8351). 21. Churches. 22. Civic, social and fraternal associations (8641). 23. Commercial art and graphic design (7336). 24. Commercial photography (7335). 25. Computer and computer software stores (5734) with 5,000 square feet or less of gross floor area in the principal structure. 26. Computer programming, data processing and other services (7371-7379). 27. Credit reporting services (7323). 28. Direct mail advertising services (7331). 29. Drycleaning plants (7216, nonindustrial drycleaning only). 30. Drug stores (5912). 31. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of section 5.05.01. 32. Educational plants and public schools subject to LDC section 5.05.14. 33. Engineering services (8711). 34. Essential services, subject to section 2.01.03. 35. Federal and federally -sponsored credit agencies (6111). 36. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure. 37. Funeral services (7261, except crematories). 38. Garment pressing, and agents for laundries and drycleaners (7212). 39. Gasoline service stations (5541, subject to section 5.05.05). 40. General merchandise stores (5331-5399) with 5,000 square feet or less of gross floor area in the principal structure. 41. Glass stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 42. Group care facilities (category I and 11, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 589A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 43. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 44. Health services, offices and clinics (8011-8049). ., 45. Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure. 46. Home health care services (8082). 47. Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure 48. Insurance carriers, agents and brokers (6311-6399, 6411). 49. Labor unions (8631). 50. Landscape architects, consulting and planning (0781). 51. Laundries and drycleaning, coin operated - self service (7215). 52. Laundries, family and commercial (7211). 53. Legal services (8111). 54. Libraries (8231). 55. Loan brokers (6163). 56. Management services (8741 and 8742). 57. Marinas (4493), subject to section 5.05.02. 58. Membership organizations, miscellaneous (8699). 59. Mortgage bankers and loan correspondents (6162). 60. Museums and art galleries (8412). 61. Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in the principal structure. 62, Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 63. Personal credit institutions (6141). 64. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure. 65. Personnel supply services (7361 and 7363). 66. Photocopying and duplicating services (7334). 67. Photofinishing laboratories (7384). 68. Photographic studios, portrait (7221). 69. Physical fitness facilities (7991; 7911, except discotheques). 70. Political organizations (8651). 71. Professional membership organizations (8621). 72. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 73. Public relations services (8743). 74. Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure. 75. Radio, television and publishers advertising representatives (7313). 76. Real Estate (6531-6552). 77. Record and prerecorded tape stores (5735) with 5,000 square feet or less of gross floor area in the principal structure. 78. Religious organizations (8661). 79. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 80. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure. 81. Retail services - miscellaneous (5921-5963 except pawnshops and building materials, 5992-5999 except auctioi shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 squar( gross floor area in the principal structure. 82. Secretarial and court reporting services (7338). 83. Security and commodity brokers, dealer, exchanges and services (6211-6289). 84. Shoe repair shops and shoeshine parlors (7251). 85. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 86. Surveying services (8713). 87. Tax return preparation services (7291). 88. Travel agencies (4724, no other transportation services). 89. United State Postal Service (4311, except major distribution center). 90. Veterinary services (0742, excluding outdoor kenneling). 91. Videotape rental (7841) with 5,000 square feet or less of gross floor area in the principal structure. 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 93. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 94. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 95. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 96. Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 97. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 district. 2. Caretaker's residence, subject to section 5.03.05. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in LDC sections 4.02.02 and 10.08.00. 1. Amusements and recreation services, outdoor (7999 - boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary plants. 3. Automotive vehicle dealers (5511, limited to automobile agencies (dealers) -retail and only new vehicles). In addition to the Planning Commission's Findings, its recommendation shall include, but not be limited to, the following considerations for the conditional use request: a. Controls on outdoor paging or amplified systems used as part of the daily operations. b. Location of enclosed service areas, with exception for entry/exit doors. c. The number of service bays. d. Operation hours. e. Adequacy of buffer(s). f. Location of gasoline storage and/or fueling tanks. g. Means of delivery of automobiles. 4. Bowling centers (7933). 5. Coin operated amusement devices (7993). 6. Courts (9211). 7. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01. 8. Educational services (8221 and 8222). 9. Fire protection (9224). 10. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411- 5499). 11. Health services (8071, 8092, and 8099). 12. Homeless shelters. 13. Hospitals (groups 8062-8069). 14. Legal counsel and prosecution (9222). 15. Medical equipment rental and leasing (7352). 16. Membership sports and recreational clubs indoor only (7997). 17. Mixed residential and commercial uses, subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one - bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial through such measures as, but not limited to, minimizing noise associated with commercial uses; directing c away from residential units; and separating pedestrian and vehicular accessways and parking areas from re: greatest extent possible. 18. Motion picture theaters, (7832 - except drive-in). 19. Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 20. Permitted personal services, video rental or retail uses (excluding drug stores - 5912) with more than 5,000 square feet of gross floor area in the principal structure. 21. Permitted use with less than 700 square feet gross floor area in the principal structure. 22. Public order and safety (9229). 23. Social services (8322 - other than those permitted, 8331-8399) 24. Soup kitchens. 25. Theatrical producers and miscellaneous theatrical services (7922 - community theaters only). 26. Vocational schools (8243-8299). D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C- 1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Agricultural services (0783). 6. Amusement and recreation services, indoor (7999). 7. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 8. Ancillary plants. 9. Animal specialty services, except veterinary (0752, excluding outside kenneling). 10. Apparel and accessory stores (5611-5699). 11. Architectural services (8712). 12. Auditing(8721). 13. Auto and home supply stores (5531). 14. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots"). 15. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 16. Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only). 17. Banks, credit Unions and trusts (6011-6099). 18, Barber shops (7241, except for barber schools). 19. Beauty shops (7231, except for beauty schools). 20. Bookkeeping services (8721). 21. Bowling centers, indoor (7933). 22. Building cleaning and maintenance services (7349). 23. Business associations (8611). 24. Business consulting services (8748). 25. Business credit institutions (6153-6159). 26. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -telephone, drive -away automobile, exhibits - building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, and window trimming service). 27. Cable and other pay television services (4841) including communications towers up to specified height, subject to section 5.05.09. 28. Carpet and upholstery cleaning (7217). 29. Carwashes (7542) provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. 30. Child day care services (8351). 31. Churches. 32. Civic, social and fraternal associations (8641). 33. Coin -operated laundries and dry cleaning (7215). 34. Coin operated amusement devices, indoor (7993). 35. Commercial art and graphic design (7336). 36. Commercial photography (7335). 37. Commercial printing (2752, excluding newspapers). -- 38. Computer programming, data processing and other services (7371-7379). 39. Computer and computer software stores (5734). 40. Credit reporting services (7323). 41. Dance studios, schools and halls, indoor (7911). 42. Detective, guard and armored car service (7381, except armored car and dog rental). 43. Department stores (5311). 44. Direct mail advertising services (7331). 45. Disinfecting and pest control services (7342). 46. Drycleaning plants (7216, nonindustrial drycleaning only). 47. Drug stores (5912). 48. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01. 49. Educational plants and public schools subject to LDC section 5.05.14. 50. Educational services (8221 and 8222). 51, Electrical and electronic repair shops (7622-7629). 52. Engineering services (8711). 53. Equipment rental and leasing (7359 - except airplane, industrial truck, portable toilet and oil field equipment renting and leasing). 54. Essential services, subject to section 2.01.03. 55. Facilities support management services (8744). 56. Federal and federally -sponsored credit agencies (6111). 57 Food stores (groups 5411-5499). 58, Funeral services (7261, except crematories). 59. Garment pressing, and agents for laundries and drycleaners (7212). 60. Gasoline service stations (5541), with services and repairs as described in section 5.05.05. 61. General merchandise stores (5331-5399). 62. Glass stores (5231). 63. Golf courses, public (7992). 64. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 65. Hardware stores (5251). 66. Health services, miscellaneous (8092-8099). 67. Health services, offices and clinics (8011-8049). 68. Home furniture and furnishings stores (5712-5719). 69. Home health care services (8082). 70. Hospitals (8062-8069). 71. Hotels and motels (7011, 7021 and 7041) when located within an activity center. 72. Household appliance stores (5722). 73. Insurance carriers, agents and brokers (6311-6399, 6411). 74. Labor unions (8631). 75. Landscape architects, consulting and planning (0781). 76. Laundries and drycleaning, coin operated - self service (7215). 77. Laundries, family and commercial (7211). 78. Laundry and garment services, miscellaneous (7219). 79. Legal services (8111). 80. Libraries (8231). 81. Loan brokers (6163). 82. Management services (8741, 8742). 83. Marinas (4493 and 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02. 84. Medical and dental laboratories (8071 and 8072). 85. Medical equipment rental and leasing (7352). 86. Membership organizations, miscellaneous (8699). 87. Membership sports and recreation clubs, indoor (7997). 88, Mortgage bankers and loan correspondents (6162). 89. Motion picture theaters (7832). 90. Motorcycle dealers (5571). 91. Museums and art galleries (8412). 92. Musical instrument stores (5736). 93. News syndicates (7383). 94. Nursing and professional care facilities (8051-8059). 95. Outdoor advertising services (7312). 96. Paint stores (5231). 97. Passenger car leasing (7515). 98. Passenger car rental (7514). 99. Personal credit institutions (6141). 100. Personal services, miscellaneous (7299). 101. Personnel supply services (7361 and 7363). 102. Photocopying and duplicating services (7334). 103. Photofinishing laboratories (7384). 104. Photographic studios, portrait (7221). 105. Physical fitness facilities (7991). 106. Political organizations (8651). 107. Professional membership organizations (8621). 108. Professional sports clubs and promoters, indoor (7941). 109. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 110. Public or private parks and playgrounds. 111. Public relations services (8743). 112. Radio, television and consumer electronics stores (5731). 113. Radio, television and publishers advertising representatives (7313). 114. Radio and television broadcasting stations (4832 and 4833). 115. Real Estate (6512, 6531-6552). 116. Record and prerecorded tape stores (5735). 117. Religious organizations (8661). 118. Repair services - miscellaneous (7699 - except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 119. Research, development and testing services (8731-8734). 120. Retail - miscellaneous (5921-5963, 5992-5999). 121, Retail nurseries, lawn and garden supply stores (5261). 122. Reupholstery and furniture repair (7641). 123. Secretarial and court reporting services (7338). 124. Security and commodity brokers, dealer, exchanges and services (6211-6289). 125. Security systems services (7382). 126. Shoe repair shops and shoeshine parlors (7251). 127. Social services, individual and family (8322-8399, except for homeless shelters and soup kitchens). 128. Surveying services (8713). 129. Tax return preparation services (7291). 130. Telegraph and other message communications (4822) including communications towers up to specified height, subject to section 5.05.09. 131. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to section 5.05.09. 132. Theatrical producers and miscellaneous theatrical services, indoor (7922-7929, including bands, orchestras and entertainers; except motion picture). 133. Travel agencies (4724, no other transportation services). 134. United State Postal Service (4311, except major distribution center). 135. Veterinary services (0741 and 0742, excluding outside kenneling). 136. Videotape rental (7841). 137. Vocational schools (8243-8299). 138. Wallpaper stores (5231). 139. Watch, clock and jewelry repair (7631). 140. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 141. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 142. Any other general commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-4 district. 2. Caretaker's residence, subject to section 5.03.05. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), sub standards and procedures established in LDC section 10.08.00. 1. Animal specialty services, except veterinary (0752, with outside kenneling). 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). 3. Auctioneering services, auction rooms (7389, 5999). 4. Automotive dealers and gasoline service stations (5511, 5521). 5. Automotive rental and leasing, outdoor display permitted (7513, 7519). 6. Boat dealers (5551). 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01.). 8. Communication towers above specified height, subject to section 5.05.09. 9. Dealers not elsewhere classified (5599 outdoor display permitted, excluding Aircraft dealers -retail). 10. Fire protection (9224). 11. Fishing, hunting and trapping (0912-0919). 12. Fuel dealers (5983-5989). 13. Homeless shelters. 14. Hotels and motels (7011, 7021, 7041 when located outside an activity center). 15. Kiosks. 16. Legal counsel and prosecution (9222). 17. Local and suburban transit (groups 4111-4121, bus stop and van pool stop only). 18. Motion picture theaters, drive-in (7833). 19. Permitted use with less than 700 square feet of gross floor area in the principal structure. 20. Police Protection (9221). 21. Public order and safety (9229). 22. Recreational vehicle dealers (5561). 23. Soup kitchens. 24. Motor freight transportation and warehousing (4225, air conditioned and mini -and self storage warehousing only). 25. Veterinary services (0741 and 0742, with outside kenneling). E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full -service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Agricultural services (0783). 6. Ancillary plants. 7. Amusement and recreation services, indoor (7999). 8. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 9. Animal specialty services, except veterinary (0752, excluding outside kenneling). 10. Apparel and accessory stores (5611-5699). 11. Architectural services (8712). 12. Armature rewinding shops (7694). 13. Auctioneering/auction houses (groups 7389, 5999). 14. Auditing (8721). 15. Auto and home supply stores (5531). 16. Automobile Parking. (7521). 17. Automotive dealers, not elsewhere classified (5599). 18. Automotive repair services (7532 - 7539). 19. Automotive services (7549). 20. Banks, credit Unions and trusts (6011-6099). 21. Barber shops (7241, except for barber schools). 22. Beauty shops (7231, except for beauty schools). 23. Boat dealers (5551). 24. Bookkeeping services (8721). 25. Bowling centers, indoor (7933). 26. Building cleaning and maintenance services (7349). 27. Building construction -General contractors and operative builders (1521-1542). 28. Business associations (8611). 29. Business consulting services (8748). 30. Business credit institutions (6153-6159). 31. Business services (7389-contractors' disbursement, directories -telephone, recording studios, swimming pool cleaning, and textile designers only). 32. Cable and other pay television services (4841) including communications towers up to specified height, subject to section 5.05.09. 33. Carpentry and floor work contractors (1751-1752). 34. Carpet and Upholstery cleaning (7217). 35. Carwashes (7542), provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. 36. Churches. 37. Civic, social and fraternal associations (8641). 38. Coin -operated laundries and dry cleaning (7215). 39. Coin operated amusement devices, indoor (7993). 40. Commercial art and graphic design (7336). 41. Commercial photography (7335). 42. Commercial printing (2752, excluding newspapers). 43. Computer programming, data processing and other services (7371-7379). 44. Computer and computer software stores (5734). 45. Concrete work (1771). 46. Courts (9211). 47. Credit reporting services (7323). 48. Crematories (7261). 49. Dance studios, schools and halls, indoor (7911). 50. Department stores (5311). 51. Detective, guard and armored car service (7381, except armored car and dog rental). 52. Direct mail advertising services (7331). 53. Disinfecting and pest control services (7342). 54. Drycleaning plants (7216, nonindustrial drycleaning only). 55. Drug stores (5912). 56. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01. 57. Educational plants and public schools subject to LDC section 5.05.14. 58. Educational services (8221 and 8222). 59. Electrical and electronic repair shops (7622-7629). 60. Electrical contractors (1731). 61. Engineering services (8711). 62. Equipment rental and leasing (7359). 63. Essential services, subject to section 2.01.03. 64. Facilities support management services (8744). 65. Federal and federally -sponsored credit agencies (6111). 66. Fire protection (9224). 67. Fishing, commercial (0912-0919). 68. Food stores (groups 5411-5499). 69. Funeral services (7261). 70. Garment pressing, and agents for laundries and drycleaners (7212). 71. Gasoline service stations (5541), with services and repairs as described in section 5.05.05. 72. General merchandise stores (5331-5399). 73. Glass and glazing work (1793). 74. Glass stores (5231). 75. Golf courses, public (7992). 76. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 77. Hardware stores (5251). 78. Health services, offices and clinics (8011-8049). 79. Health and allied services, miscellaneous (8092-8099). 80. Heating and air-conditioning contractors (1711). 81. Heavy construction equipment rental and leasing (7353). 82. Home furniture and furnishings stores (5712-5719). 83. Home health care services (8082). 84. Hospitals (8062-8069). 85. Hotels and motels (7011, 7021 and 7041) when located within an activity center. 86. Household appliance stores (5722). 87. Installation or erection of building equipment contractors (1796). 88. Insurance carriers, agents and brokers (6311-6399, 6411). 89. Labor unions (8631). 90. Landscape architects, consulting and planning (0781). 91. Laundries and drycleaning, coin operated - self service (7215). 92. Laundries, family and commercial (7211). 93. Laundry and garment services, miscellaneous (7219). 94. Legal counsel and prosecution (9222). 95. Legal services (8111). 96. Libraries(8231). 97. Loan brokers (6163). 98. Local and suburban transit (4111). 99. Local passenger transportation (4119). 100. Lumber and other building materials dealers (5211). 101. Management services (8741, 8742). 102. Marinas (4493 and 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02. 103. Masonry, stonework, tile setting and plastering contractors (1741-1743). 104. Medical and dental laboratories (8071 and 8072). 105. Medical equipment rental and leasing (7352). 106. Membership organizations, miscellaneous (8699). 107. Membership sports and recreation clubs, indoor (7997). 108. Mobile home dealers (5271). 109. Mortgage bankers and loan correspondents (6162). 110. Motion picture theaters (7832). 111. Motor freight transportation and warehousing (4225, mini- and self -storage warehousing only). 112. Motor vehicle dealers, new and used (5511, 5521). 113. Motorcycle dealers (5571). 114, Museums and art galleries (8412). 115. Musical instrument stores (5736). 116. Newspapers: Publishing, or publishing and printing (2711). 117. News syndicates (7383). 118. Nursing and professional care facilities (8051-8059). 119. Outdoor advertising services (7312). 120. Outdoor storage yards, provided that the yard is located no closer than twenty-five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to section 4.02.12. This provision shall not be construed to allow, as permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. 121. Paint stores (5231). 122. Painting and paper hanging (1721). 123. Passenger car leasing (7515). 124. Passenger car rental (7514). 125. Passenger transportation arrangement (4729). 126. Periodicals: Publishing or publishing and printing (2721). 127. Personal credit institutions (6141). 128. Personal services, miscellaneous (7299). 129. Personnel supply services (7361 and 7363). 130. Photocopying and duplicating services (7334). �- 131. Photofinishing laboratories (7384). 132. Photographic studios, portrait (7221). 133. Physical fitness facilities (7991). 134. Plumbing contractors (1711). 135. Police protection (9221). 136. Political organizations(8651). 137. Professional membership organizations (8621). 138. Professional sports clubs and promoters, indoor (7941). 139. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 140. Public or private parks and playgrounds. 141. Public order and safety (9229). 142. Public relations services (8743). 143. Radio, television and consumer electronics stores (5731). 144. Radio, television and publishers advertising representatives (7313). 145. Radio and television broadcasting stations (4832 and 4833). 146. Real Estate (6512, 6531-6552). 147 Record and prerecorded tape stores (5735). 148. Recreational vehicle dealers (5561). 149. Religious organizations (8661). 150. Repair shops and services, not elsewhere classified (7699). 151. Research, development and testing services (8731-8734). 152. Retail - miscellaneous (5921-5963, 5992-5999). 153. Retail nurseries, lawn and garden supply stores (5261). 154. Reupholstery and furniture repair (7641). 155. Roofing, siding and sheet metal work contractors (1761). 156. Secretarial and court reporting services (7338). 157. Security and commodity brokers, dealer, exchanges and services (6211-6289). 158. Security systems services (7382). 159. Shoe repair shops and shoeshine parlors (7251). 160. Social services, individual and family (8322-8399, except homeless shelters and soup kitchens). 161. Special trade contractors, not elsewhere classified (1799). 162. Structural steel erection contractors (1791). 163. Surveying services (8713). 164. Tax return preparation services (7291). 165. Taxicabs (4121). 166. Telegraph and other message communications (4822) including communications towers up to specified height, subject to LDC section 5.05.09. 167. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to LDC section 5.05.09. 168. Theatrical producers and miscellaneous theatrical services, indoor (7922-7929, including bands, orchestras and entertainers; except motion picture). 169. Tour operators (4725). 170. Travel agencies (4724). 171. Truck rental and leasing, without drivers (7513). 172. United State Postal Service (4311, except major distribution center). 173. Utility trailer and recreational vehicle rental (7519). 174. Veterinary services (0741 and 0742, excluding outside kenneling). 175. Videotape rental (7841). 176. Vocational schools (8243-8299). 177. Wallpaper stores (5231). 178. Watch, clock and jewelry repair (7631). 179. Water well drilling (1781). 180. Welding repair (7692). 181. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 182. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 183. Any other heavy commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-5 district. 2. Detached caretaker's residence, subject to section 5.03.05. 3. Temporary display of merchandise during business hours, provided it does not adversely affect pedestrian or vehicular traffic or public health or safety. Merchandise storage and display is prohibited within any front yard; allowed within the side and rear yards of lots. c. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in LDC section 10.08.00. 1. Animal specialty services, except veterinary (0752, with outdoor kenneling). 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). 3. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01.) 4. Child day care services (8351), provided: i. All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line. a) For purposes of this subsection, the following definitions shall apply: i) Hazardous materials. A material that has any of the following properties: ignitable, corrosive, reactive and/or toxic. ii) Toxic substances. A substance which is, or is suspected to be, carcinogenic, mutagenic, teratogenic, or toxic to human beings. ii. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. iii. It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. iv. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. v. It shall provide a minimum usable open space of not less than thirty (30) percent of the total square footage of the lot area. vi. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five (5) feet in height, to be constructed of wood, masonry or other approved material. vii. It shall provide a landscape buffer in accordance with section 4.06.00. viii. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code. ix. Where a child care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in subparagraphs i through viii above, with the exceptions of subsections iv. and v., shall be used to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use. 5. Communications (4812-4841) with communications towers that exceed specified height, subject to section 5.05.09. 6. Farm product raw materials (5153-5159). 7. Fuel dealers (5983-5989). 8. Homeless shelters. 9. Hotels and motels (7011, 7021, 7041 when located outside an activity center.) 10. Correctional institutions (group 9223). 11. Kiosks. 12. Local and suburban passenger transportation (4131-4173). 13. Motion picture theaters, drive-in (7833). 14. Permitted uses with less than 700 square feet of gross floor area in the principal structure. 15. Soup kitchens. 16. Transfer stations (4212, local refuse collection and transportation only). 17. Packing Services (4783). 18, Veterinary services (0741 & 0742, with outdoor kenneling). F. Travel Trailer -Recreational Vehicle Campground District (TTRVC). 1. Purpose and intent. The provisions of this district are intended to apply to trailer lots for travel trailers, park model travel trailers and recreational vehicles, not exceeding 500 square feet in gross floor area. Such trailer lots are intended to accommodate travel trailers, model travel trailers, pickup coaches, motor homes, and other vehicular accommodations which are suitable for temporary habitation, used for travel, vacation, and recreational purposes. Campsites are intended to accommodate temporary residency while camping, vacationing or recreating, TTRVC vehicles may be permanently located on a lot; however, no person or persons may occupy said vehicles as permanent places of residence. 2. The following uses are permissible by right, or as accessory or conditional uses within the travel trailer -recreational vehicle campground district (TTRVC). a. Permitted uses. 1. Travel trailers, park model travel trailers, pickup coaches, motor homes and other recreational vehicles. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the TTRVC district. 2. One single-family dwelling (not a TTRVC unit) in conjunction with the operation of the TTRVC park. 3. Accessory uses and structures customarily associated with travel trailer recreational vehicle parks, including recreation facilities (both indoor and outdoor), administration buildings, service buildings including bathrooms, laundries and similar services for residents of the park, and utilities. 4. Accessory uses and structures customarily associated with travel trailer recreational vehicle lots, including: i. Enclosed utility/storage area of the same siding material and architectural style as that of the associated recreational vehicles, not to exceed an area of sixty (60) square feet. Any utility/storage area shall be located adjacent to its associated recreational vehicle and made a continuous part of a screened -in porch where such a porch is attached to the vehicle as herein provided. Where utility/storage areas are made a continuous part of a screened -in porch, the area of the utility/storage area may not exceed 25 percent of the area of the screened -in porch or 120 square feet, whichever lesser. The County Manager or designee may administratively approve an exception to accessory structure size limitation where such exception is necessary to allow for accessibility, in accordance with the specifications set forth in Section 4 of the Americans with Disabilities Act (ADA), to accommodate a physically handicapped individual. ii. For recreational vehicles fixed by a permanent anchoring system, a screened -in porch elevated or at ground level with a solid roof structure, architecturally compatible with its associated recreational vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said ._ screened -in porch shall provide for any site utility/storage space requirements as herein provided and shall not contain any other interior walls. All such screened enclosures must be permitted and constructed according to this Code and applicable building codes. Exterior walls may be enclosed with screen, glass or vinyl windows, except that the storage area shall be enclosed with the same material as the principal unit. 5. Campgrounds containing 100 spaces or more shall be permitted a convenience commercial facility no greater than 15,000 square feet in total land area. This facility shall provide for the exclusive sale of convenience items to park patrons only, and shall present no visible evidence of their commercial character, including signage and lighting, from any public or private street or right-of-way external to the park. c. Conditional uses. The following uses are permissible as conditional uses in the travel trailer recreational vehicle campground district (TTRVC), subject to the standards and procedures established in LDC section 10.08.00: 1. Camping cabins subject to the following standards: i. One camping cabin per approved TTRVC lot. ii. The maximum number of camping cabin lots in any one TTRVC park shall be ten percent of the total number of approved TTRVC lots, not to exceed a total number of twenty (20) camping cabin lots. iii. Maximum floor area of 220 square feet. iv. No internal water or cooking facilities. v. Camping cabins may not be designed as a permanent residence, however, tie -downs or other safety devices may be used in order to provide security against high winds. vi. Camping cabins must be constructed of natural wood materials such as logs, redwood, cedar, or cypress in order that it may blend harmoniously into the natural landscape character normally found in a TTRVC or campground setting. vii. The general development standards required for the TTRVC park shall be applicable to the camping cabin lots. viii. All materials and construction must be in accordance with the Collier County Land Development Code (LDC) and the requirements of the Florida Building Code (FBC). ix. At least one room of the camping cabin must have a minimum of 150 square feet of floor area. x. If camping cabins are to be located in a flood hazard zone as delineated on the most recent flood insurance rate maps, all requirements of Section 3.02.00 of this LDC must be met. xi. A party shall be allowed a maximum length of stay of two (2) weeks in a camping cabin. 3. Plan approval requirements. Layout plans for a TTRVC park shall be submitted to the County Manager or designee and construction shall be in accordance with approved plans and specifications and further subject to the provisions of site development plans in section 10.02.03. Such plans shall meet the requirements of this district and shall show, at a minimum, those items identified herein. 4. Required internal parkstreetsystem. All lots/spaces within a TTRVC park shall have direct access from an internal street. All internal streets within the district shall provide safe and convenient access to a public street. The right-of- way widths, paving widths, and other construction standards, including gradient and alignment of all internal streets and drainage shall be subject to the standards for development of supporting infrastructure as provided for in the subdivision regulations, in Chapter 4. For the purpose of this subsection, internal streets shall refer to streets, including necessary right-of-way or easement, located within the confines of the project legal description and providing no access to other land parcels. 5. Required facilities for campsites and TTRV lots. a. Sanitary facilities, including flush toilets, and showers within 300 feet walking distance from every campsite lot and as approved by the Collier County Health Department, or in the event of a private on -site system connection to a county system subject to county ordinances. Lighting shall be provided in sanitary facilities at all times and the facilities shall be accessible to park residents at all times. b. Potable water supply as approved by the Collier County Health Department and/or the director of development ser to Chapter 10. c. A trash container such as a dumpster shall be located in areas easily accessible and not obstructed by campsites, lots or other TTRVC lots or parking areas. d. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available for public use. e. One parking space per campsite or TTRV lot. 6. Sanitary waste disposal. Unless every travel trailer site has a sanitary waste outlet, a central pump -out station shall be provided. 7. Off-street parking. As required in section 4.05.00. 8. Permanent location of TTRV vehicles. TTRV vehicles including park model, travel trailers, maybe permanently located on a lot; however, no permanent residency is allowed. 9. Compliance. Where travel trailer/park model lots are being sold to individuals, the developer/owner of the lots shall include in the title transfer document a covenant attesting to the fact that the lot cannot be used as a place of permanent occupancy. All TTRVC parks which commenced construction after the effective date of this district shall comply with all requirements of this district except as further provided herein. No TTRVC park in existence on the effective date of this district shall be altered so as to provide a lesser degree of conformity with the provisions of this district than existed on the effective date of this district. Land already zoned TTRVC which does not meet the acreage requirements may be developed; however, the development shall conform with all other regulations of this district. Every proprietor, manager, homeowners' association, or condominium association of a TTRV park shall maintain a register of tenants or occupants, noting the duration of the rental arrangement or length of occupancy for owner - occupied sites with respect to one or more travel trailers or park models. Said register shall be made available upon demand to the County Manager or designee. In the event of owner -occupied lots within the TTRVC district, said owner is responsible for registering their arrival and departure from their recreation residence with the manager of the TTRVC park. Failure to register will hold the owner responsible for penalties as provided herein. Failure of park owner/manager to provide said register, duly describing the persons who have occupied a travel trailer or park model trailer, and the duration of their occupancy, shall be guilty of a misdemeanor and subject to the penalties provided by this Code. Any proprietor or manager who maintains a falsified register to allow persons to occupy a travel trailer or park model trailer on a permanent basis shall be similarly guilty of a misdemeanor and subject to penalties as provided in this Code. 10. Flood program requirements. All travel trailers, park model travel trailers, recreational vehicles and accessory structures shall comply with the current Collier County Flood Damage Prevention Ordinance [Code ch. 62, art. II] if permanently attached to the ground or utility facilities. 11. Anchoring/sewer, water and electrical connections. Park model travel trailers, when positioned on a lot in this district, must be anchored in accordance with the standards set forth in the MH district and TTRVC district and other applicable regulations, and be connected to a public or private water and sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 12. Building permit. A building permit shall be required for any permitted use prior to water, sewer or electric connection. 13. Signs. As required in section 5.06.00. 'Ord. No. 08-11, § 3.F; Ord. No. 10-23, § 3.F; Ord. No. 14-33, § 33; Ord. No. 16-27, § 3.D; Ord. No. 18-18, § 33; Ord. No. 20-44, § 33; � Ord. No. 21-05 , § 3.D) 10.02.06 - Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by the LDC to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County Growth Management Plan, or (2) if issuance of said development order or building permit is inconsistent with the Growth Management Plan. Anything in this section to the contrary notwithstanding, all subdivision and '~- development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the Growth Management Plan. B. Building Permit or Land Alteration Permit. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of buildingpermit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space with the exception of the Early Construction Authorization (ECA) permit pursuant to LDC section 10.01.02 C. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the LDC, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the LDC, an approval of a site development plan pursuant to LDC section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the LDC, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the LDC. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to LDC section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. C. Agricultural land clearing. 1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), shall be required for all agricultural operations except as exempted by LDC section 10.02.06 C.1.d. a. Application. The Administrative Code shall establish the procedures and the submittal requirements, in �►. addition to those identified below, to obtain an agricultural land clearing permit. i. Silviculture operations, as defined by the LDC, shall require a management plan prepared by a forester or a resource manager (i.e. Florida Forest Service, private or industrial). ii. If an ST or ACSC-ST overlay is attached to the zoning of the property, the ST or ACSC-ST permit review shall be in accordance with LDC sections 2.03.07 and 4.02.14 and may be reviewed simultaneously with the agricultural clearing permit application. iii. A generalized vegetation inventory and clearing plan. iv. Data relating to wetlands impacts and protected wildlife species habitat subject to the Conservation and Coastal Management Element of the Growth Management Plan and the LDC. 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. v. The property owner, or authorized agent, has filed an executed agreement with the County Manager or designee, stating that within 2 years from the date on which the agricultural clearing permit is approved by the County Manager or 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 25-year period required by vi. below. If the clearing is expected to occur over a period greater than 2 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. vi. The property owner, or authorized agent, has filed an executed agreement with the County Manager or 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 25 years from the date of approval of the agricultural clearing permit by the County Manager or designee, unless for any such conversions in less than 25 years, the converted land shall be restored with native vegetation to the degree required by the LDC. vii. Permit Fees. The agricultural clearing permit applications shall be charged a review fee as established by resolution by the Board. b. Criteria for review of the application. The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: i. An on -site inspection has been made by staff, if indicated. ii. Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Conservation and Coastal Management Element of the Collier County Growth Management Plan and the LDC, as may be amended from time to time. iii. Additional data and/or information required by the County to address environmental impacts shall be submitted by the applicant. iv. The proposed use is consistent with the zoning district. v. The proposed use is a bona fide agricultural use. vi. The applicant has signed an executed agreement pursuant to 10.02.06 C.1.a.v. above. c. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for 5 years and may be automatically renewed for 5-year periods providing that a notification in writing is forwarded to the County Manager or designee at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity. Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall be cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. d. Exemptions for agricultural clearing permit. i. An agricultural clearing permit is not required for operations holding a permit under Ordinance No. 76-42 and that can demonstrate that an approved bona fide agricultural activity was in existence within 2 years of the permit issuance date, or that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. A demonstration for exemption may include agricultural classification records from the Property Appraiser's Office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. ii. Upon issuance of an agricultural clearing permit or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance are exempt from obtaining additional agricultural clearing permits for that parcel, if the intent, use, and scope of said activities continue to comply with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. iii. Fences, buildings, and structures that require a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. iv. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God provided that: (a) The County Manager or designee is notified in writing within 2 business days prior to such removal and the County makes no objection within said 2 business days; (b) The tree is not a specimen tree; (c) The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation, or restoration program; (d) The parcel is currently engaged in bona fide agriculture, as defined by the LDC; (e) No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. 2. Agricultural clearing notice. No later than 60 days prior to vegetation removal as part of agricultural operations that fall within the scope of F.S. §§ 163.3162(4) or 823.14(6), the property owner shall provide notice to the County Manager or designee that the removal will occur. a. The Administrative Code shall establish the submittal requirements for the agricultural clearing notice, including the following: i. A signed agreement acknowledging the 25-year prohibition on the creation of TDR credits from land cleared for agricultural operations after June 19, 2002, as set forth in LDC section 2.03.07; and ii. If the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non-agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of LDC section 3.05.07, as provided in LDC section 3.05.02. b. Permit fees. The agricultural clearing notice application shall be charged a review fee as established by resolution by the Board. D. Enforcement and penalties. 1. Fines. a. The failure of a property owner or any other person to obtain an approved permit as required in this section shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. Removal of vegetation with a bald eagle nest shall be subject to a fine of up to five thousand dollars ($5,000.00) per bald eagle nest. Each nest, eagle, chick and egg using the nest that is removed, shall also constitute a separate and distinct offense and shall be subject to separate and individual fines of up to five thousand dollars ($5,000.00) each or maximum permitted by law, which ever is greater. b. The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 10.02.06 C., to put the subject premises into a bona fide agricultural use shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the Board of County Commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or designee and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: a. The restoration plan shall include the following minimum planting standards: i. In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. ii. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. iii. Replacement vegetation shall meet the following criteria, at time of planting: a) Plant material used to meet the minimum landscape requirements shall be in accordance with 4.06.05. b) Plant material used to meet the requirements for littoral shelf planting areas shall be in accordance with 3.05.10. c) Environmental restoration within County required preserves shall be in accordance with 3.05.07 H. d) Environmental restoration, other than in County required preserves, shall be in accordance with State and Federal agency enforcement or permit conditions. Where such requirements are not enforced or project not permitted by these agencies, the following minimum sizes shall apply: one gallon or liner .� ground covers, three gallon shrubs and four foot high trees. Ground covers in aquatic environments may be planted as bare root plants. Mangroves may be two foot high at time of planting. e) Natural recruitment of native vegetation similar to or compatible with native vegetation on site will be accepted. iv. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than 3 years. A maintenance provision of no less than 3 years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). v. It shall be at the discretion of the County Manager or designee to allow for any deviation from the above specified criteria. b. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. c. The selection of plants shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System (FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCFCS Code. The species utilized shall be with relative proportions characteristic of those in the FLUCFCS Code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the County Manager or designee. d. If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre -violation conditions. e. In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. f. The County Manager or his designee may, at his discretion, allow the replacement stock to be planted off -site where impending development displaces areas to be restored. In such situations, off -site plantings shall be on lands under the control of a public land and/or agency. The off -site location shall be subject to the approval of the County Manager or his designee. g. The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3. Corrective measures for environmental violations. a. Mitigation. i. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. ii. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off -site mitigation will successfully offset the impacts being mitigated for. Off -site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off -site mitigation shall be as follows: 2 to 1 for uplands and 3 to 1 for wetlands. iii. The selection of plants to be used shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System (FLUCFCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. iv. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. v. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre -violation conditions. vi. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and 1 acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the County Manager or his designee may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. b. Requirements for a mitigation plan. i. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. ii. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section Chapter 7 of the Administrative Code, unless waived by the County Manager or designee. iii. The preparer's name, address and telephone number shall be included on the plan. iv. A north arrow, scale, and date shall be required on the plan. v. Existing vegetation areas shall be shown. vi. The proposed planting areas shall be clearly defined. vii. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. viii. All plants proposed shall be denoted by genus, species, and the common name. ix. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. c. Site -specific review criteria. i. All plants used for mitigation shall be native Florida species. ii. Plant materials used to meet minimum landscape requirements of the LDC shall conform to the plant specifications in 4.06.05. iii. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The Florida -Friendly Landscaping Guide to Plant Selection & Landscape Design shall be used in determining the temperature tolerances of the plants. iv. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. v. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. vi. A program to control prohibited exotic vegetation (section 3.05.08) in the mitigation area shall be required. d. County review of mitigation plan. i. The County Manager or designee will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. ii. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. e. Monitoring and replanting. i. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A time zero monitoring report with photographs shall be submitted within 30 days of replanting. At the option of the respondent, two follow-up monitoring reports may be submitted at one-year intervals, starting one year after submittal of the time zero monitoring report, to document condition and survivability of mitigation plantings. If annual monitoring reports are submitted, they must document on -site conditions within one month prior to the anniversary/due date for the re - inspection. Success shall be verified by the County Manager or designee. ii. An eighty percent survival by species shall be required for a two-year period, starting at time of submittal of the time zero monitoring report, unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. Should the County Manager or designee determine the need for an extended monitoring schedule, monitoring may continue until at least an eighty percent survival of required planting(s) has been attained. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. iv. Should there be a change in ownership of the property identified in the approved mitigation plan, the seller will be responsible for notifying the buyer of the mitigation plan and any requirements pursuant to the plan. Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06 D.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 4. Appeal from enforcement. Any person who feels aggrieved by the application of this section, may file, within 30 days after said grievance, a petition with the County Manager or designee, to have the case reviewed by the Collier County Board of County Commissioners. 5. Suspension of permit requirement. The Board of County Commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: a. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the Board of County Commissioners. b. The vegetation removal is necessitated by disaster related damage. c. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in section 3.04.00). Existing Code Enforcement cases. The requirements of 10.02.06 D.2.a.iii and 10.02.06 D.3.e.i shall not apply to existing Code Enforcement cases with plans/orders approved prior to October 3, 2012, unless the respondent elects to use the new criteria. E. Wellfield conditional use permit and standards. 1. Petition. a. Owners/operators of a proposed regulated development for which a wellfield conditional use permit will be required to locate the proposed regulated development within any zone, may petition the board for a wellfield conditional use permit exempting the development from the prohibitions set forth in section 3.06.12 hereof, as provided in this section. b. Owners/operators shall submit the application for wellfield conditional use permit to the County Manager on forms prepared by the department. 2. Criteria. a. The owner/operator shall demonstrate by the preponderance of substantial competent evidence that: i. The development has or can satisfy all requirements for a certificate to operate; ii. Special or unusual circumstances exist which are peculiar to the particular development which are different than any other regulated development; iii. Adequate technology exists which will isolate the development from the surficial and intermediate aquifer iv. Site -specific hydrogeologic data provides reasonable assurances that the existing water quality in surficial and intermediate aquifer systems will not be degraded as a result of the development. 3. Conditions of wellfield conditional use permit. a. In granting the wellfield conditional use permit, the board may prescribe any additional conditions and safeguards which it deems necessary to protect the existing well(s), future identified well(s) or future potable water supply resources. b. The wellfield conditional use permit shall incorporate a certificate to operate, which must be renewed or transferred in the same manner as any other certificate to operate as provided in section 10.04.01 B. hereof. 4. Prohibited wellfield conditional use permits. a. No wellfield conditional use permit maybe construed or otherwise interpreted to legalize a regulated development existing on the effective date of this section (November 13, 1991], which is not in compliance with applicable local, state or federal law or regulations. No wellfield conditional use permit or other approval under this section shall be knowingly granted to an existing regulated development which is not in compliance with all other applicable local, State or Federal law or regulations. 5. Administrative review of wellfield conditional use permit petition. a. The County Manager shall review the petition for wellfield conditional use permit for compliance with sections 3.06.12 and 3.06.13 of this Code in the same procedural manner as for a certificate to operate. b. If the petition is found not to be in compliance, the County Manager shall advise the owner/operator of the noted deficiencies or required information by certified mail return receipt requested to the address listed in the petition. c. Upon a determination by the County Manager that the petition is in compliance, or upon receipt of written notice from the petitioner that the petition should be processed as is, the County Manager shall render a written recommendation for approval, approval with conditions, or denial of the wellfield conditional use permit. 6. Approval by the board. a. Wellfield conditional use permits which authorize development prohibited in the wellfield risk management special treatment protection overlay zones, are subject to careful review and shall include public notice and hearing as set forth in section 10.04.11 A. hereof. b. All petitions for wellfield conditional use permits shall be heard by the board as provided in section 10.04.11 A. hereof. 7. Wellfield conditional use permit for public or quasipublic development. a. The board, after public hearing, may find that certain existing or proposed public or quasipublic regulated development is exempted from compliance with this section and may issue a wellfield conditional use permit upon finding that: i. The public benefit to be realized by the proposed or existing regulated development outweighs the purpose of this section; and ii. The proposed or existing regulated development cannot, for economic or scientific reasons, be relocated elsewhere. b. The scope of any wellfield conditional use permit granted under this section shall be narrow to avoid derogation of the purpose of this section and the board may impose special conditions of approval to ensure implementation of the intent of the same. c. Petitions shall be processed, approved, approved with conditions or denied as any other wellfield conditional u in section 10.02.06 E. hereof. F. Temporary Use Permit Requirements. See LDC section 5.04.01 for temporary use permit classifications and restrictions. The Administrative Code shall establish the procedures and application submittal requirements for temporary use permits. G. Coastal Construction Setback Line Permits. Except as exempted in subsection 4 below, the following activities seaward of the Coastal Construction Setback Line shall require either a 1) Coastal Construction Setback Line (CCSL) permit; 2) Site Development Plans, Site Improvement Plans and Amendments thereof pursuant to LDC section 10.02.03; or 3) Construction Plans and Final Subdivision Plat (PPL) pursuant to LDC section 10.02.04. The appropriate fee as set by county resolution shall be submitted with permit application. All required Federal, State, and County permits shall be obtained prior to commencement of construction. 1. Construction of a dune walkover when the following criteria have been met. a. A maximum width of 6 feet. b. A minimum separation of 200 feet between walkovers when 2 or more walkovers are proposed on a single parcel. 2. Creation, restoration, re -vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. c. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least 2 years professional experience are in the State of Florida. 3. The Administrative Code shall establish the procedures and application submittal requirements for obtaining a Coastal Construction Setback Line permit. 4. Exemptions from CCSL permit. The following activities shall not require a CCSL permit. All required Federal, State, and County permits shall be obtained prior to commencement of construction. a. Certain activities approved by the BCC that may alter ground elevations such as artificial beach nourishment projects or excavation or maintenance dredging of inlet channels. b. Implementation of Federal, State, or County approved preserve or listed species management plans on publically owned land designated as parks, preserves, or mitigation areas. c. Implementation of County approved preserve or listed species management plans on privately owned land pursuant to LDC section 3.05.07 H. d. Hand removal of prohibited exotic and non-native vegetation in accordance with LDC sections 3.05.02 G. 5. All other activities seaward of the CCSL shall require a variance, pursuant to LDC section 9.04.06. 6. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set forth elsewhere in the LDC, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: i. Setting up of any structures, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: (a) First violation: Up to $1,000.00 fine. (b) Second violation: $2,500.00 fine. (c) Third or more violation: $5,000.00 fine. ii. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: (a) First violation: Written notice of ordinance violation. (b) Second violation: Up to $1,000.00 fine. (c) Third violation: $2,500.00 fine. (d) More than 3 violations: $5,000.00 fine. H. Vehicle on the beach regulations. 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful: a. To operate or cause to be operated a hand-, animal-, or engine -driven wheel, track or other vehicle or implement on, over or across any part of the sand dunes, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach. b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof, make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in the LDC. 2. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall be subject to the following. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.06 H.3 below. Permits issued in accordance with this section shall be valid for the time the vehicle is used for its permitted function and shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and be available for inspection. Permits issued for construction vehicles engaged in beach nourishment, inlet maintenance, and general construction activities shall expire on April 30 of each year, to coincide with the beginning of sea turtle nesting season. Vehicle on the beach permits are not transferable. a. Sheriff, City, State and Federal police, emergency services, Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties, and government entities responding to emergency situations, shall be exempt from the provisions of this section. b. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16 remain stationary, except to access and egress the beach, shall be exempt from the provisions of this section if a permit has been obtained from the County Manager or designee. The procedure for obtaining such a permit shall be by application on the form prescribed by Collier County stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier County Ordinance No. 89-16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and if the County Manager or designee is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. All permits issued are subject to the following conditions and limitations: i. All vehicles shall be equipped with tires having a maximum ground -to -tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula provided below. Calculations for tire pressure using the standard formula shall be included with each permit application. PSI = Vehicle weight (Ibs) + equipment (including maximum debris load for beach raking equipment and rider weight (Ibs)/total tire footprint (square inches) c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non - ambulatory persons and hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal use shall be exempt from the provisions of this section. d. Vehicle -on -the -beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach, are exempt from the provisions of this section if a vehicle -on the -beach permit has been granted by the County Manager or designee. All permits issued are subject to the following conditions and limitations: i. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. ii. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. iii. The types of vehicles permitted for this use may include ATVs, non -motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs. iv. All vehicles shall be equipped with tires having a maximum ground -to -tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula. Calculations for tire pressure using the standard formula shall be included with each permit application. v. Permits shall only be issued for ATVs when the County Manager or designee has determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies; or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. vi. When not in use all vehicles shall be stored off the beach. vii. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the County Manager or designee; additional corridors may be approved when appropriate and necessary as determined by the County Manager or designee; a staging area may be approved for large events as determined by the County Manager or designee and 4) except for designated corridors, all motorized vehicles shall be operated below the mean high water line (MHW), as generally evidenced by the previous high tide mark. If at anytime the County Manager or designee determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, as determined by the County Manager or designee, the vehicle -on -the -beach permit may be suspended for the remaining period of the sea turtle season. viii. These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. e. Permit for construction (excluding beach re -nourishment and maintenance activities). Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the dune. It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be subject to the provisions of section 10.02.06 H.3. f. Beach raking and mechanical beach cleaning. i. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. ii. Beach raking and mechanical beach cleaning must comply with the provisions of section 10.02.06 H. of this Chapter. iii. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. iv. Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of beach which is covered by high tide and which remains wet during low tide. Beach raking and mechanical beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within ten feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. v. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion. vi. Vehicles with greater than ten psi ground to tire pressure, shall not be used to conduct beach raking. Vehicles with less than ten psi ground to tire pressures, in conjunction with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct beach raking upon approval of the County Manager or designee. vii. Mechanical beach cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the County Manager or designee. Necessity will include when large accumulations of dead and dying sea -life or other debris remains concentrated on the wrack -line for a minimum of two tidal cycles following a storm event, red tide or other materials which represent a hazard to public health. g. Vehicles associated with beach nourishment and inlet maintenance. i. Heavy equipment used in conjunction with beach nourishment, inlet maintenance, to accomplish FDEP permit requirements, or other unusual circumstance as determined by the County Manager or designee, which cannot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be accomplished prior to April 15 following construction and for the next two years should compaction evaluations exceed state requirements. ii. Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, the County Manager or designee, and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area. iii. No tilling of the beaches shall occur during sea turtle nesting season. 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this section. Permits issued pursuant to this section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this section are subject to the following penalties: a. Violations of section 10.02.06 H.2.f above which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. b. Minor infractions of section 10.02.06 H.2.f above which occur during sea turtle nesting season are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: b a) without permit being available for inspection; or b) with improper tire pressure. c. Major infractions of section 10.02.06 H.2.f above which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation: $1,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Second violation: $2,500.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Third or more violation: $5,000.00 fine and a suspension of permitted activities, including but not limited to: beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. d. Violations of section 10.02.06 H., which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. e. Violations of sections 10.02.06 H. which occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) with permit not available for inspection; or b) with improper tire pressure. I. Cultivated Tree Removal Permit. 1. Generally. A Cultivated Tree Removal Permit is required for the removal or relocation of any tree or palm that has been installed for landscaping and which is not a part of a preserve. Moving a tree from one location to another shall not be considered removal; however, a Cultivated Tree Removal permit shall be obtained. A maximum of 10 trees per 5 year period may be removed with a Cultivated Tree Removal Permit. Protected vegetation, other than that planted for landscaping, shall require a Vegetation Removal Permit; refer to LDC section 3.05.00. In no instance shall a site fall below the current minimum landscape code standard. 2. Applicability. The provisions of this section are applicable to all development unless otherwise specified in this section. 3. Exemptions: a. The removal of a prohibited exotic tree is exempt from obtaining a Cultivated Tree Removal Permit, unless the prohibited exotic tree is used to meet the minimum landscaping code requirements pursuant to a final local development order, prior to October 2, 2013. b. Single-family home sites are exempt from obtaining a Cultivated Tree Removal Permit. Single-family home sites shall maintain the minimum code landscaping requirements established in LDC section 4.06.05. 4. Criteria for removal of cultivated landscaping. The landscape architect may approve a Cultivated Tree Removal permit application based on the following criteria: a. A tree cannot be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure. b. A tree is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s). c. Other public health and safety circumstances as determined by the County landscape architect. 5. Application. The Administrative Code shall establish the application procedure and submittal requirements for obtaining a Cultivated Tree Removal permit. a. The County Manager or designee may require the site plan be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees. 6. Approval. The County Manager or designee shall approve, approve with conditions, or deny a Cultivated Tree Removal Permit. 7. Permit conditions. The Landscape Architect shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one of the following conditions: a. That the minimum code required tree, if transplanted, shall be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in LDC section 4.06.05. b. That the minimum code required tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the County Landscape Architect, planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. J. Zoning Verification Letter. 1. A zoning verification letter may be used to verify the zoning of a property according to the Collier County Zoning Map, the Future Land Use Map, and the Growth Management Plan and establish the following determinations. a. Generally. The County Manager or designee may issue a zoning verification letter that verifies the zoning of a property. Additional information may be requested about the subject property, including but not limited to the following: i. Allowable uses and development standards applicable to the property under the LDC; ii. Zoning of adjacent properties; iii. Confirmation of any site development plan, conditional use, or variance approved for the property; and iv. The nonconforming status of the property. b. Non-residential Farm Building Exemption. The County Manager or designee, in coordination with the Collier County Building Official, may issue a zoning verification letter to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. However, the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical, or gas permits for the structure. c. Administrative Fence Waiver. The County Manager or designee may issue a zoning verification letter to approve an administrative fence waiver under LDC section 5.03.02 F.5.a. 2. The Administrative Code shall establish the process and application submittal requirements to obtain a zoning verification letter. K. Comparable Use Determination. 1. The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. 2. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing based on the following standards, as applicable: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces; and v. Business practices and activities. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. e. Any additional relevant information as may be required by County Manager or Designee. 3. The Administrative Code shall establish the process and application submittal requirements to obtain a Comparable Use Determination. (Ord. No. 04-72, § 3.CC; Ord. No. 05-27, § 3.WW; Ord. No. 06-07, § 3.V; Ord. No. 07-67, § 3.V; Ord. No. 08-63, § ILL; Ord. No. 09- 43, § 3.B; Ord. No. 10-23, § 3.RR; Ord. No. 12-38, § 3.HH; Ord. No. 13-56, § INN; Ord. No. 15-44, § 3.K; Ord. No. 20-44 , § 3.1) 10.03.06 - Public Notice and Required Hearings for Land Use Petitions This section shall establish the requirements for public hearings and public notices. This section shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative Code, which further establishes the public notice procedures for land use petitions. A. Ordinance or resolution that is initiated by County or a private entity which does not change the zoning atlas or actual list of uses in a zoning category but does affect the use of land, including, but not limited to, land development code regulations as defined in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly referred to as a LDC amendment. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For minor conditional use notice requirements see 10.03.06 C, below and for County initiated rezonings, see 10.03.06 K.: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC or BZA hearing. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. d. Posting of a sign prior to the first advertised public hearing. C. Minor conditional use. 1. The following advertised public hearings are required: a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, then pursuant to 10.03.06 B. 2. The following notice procedures are required: a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. D. Conditional use extension, or conditional use re -review: 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. Signage is not required for a conditional use re - review. E. Ordinance or resolution for comprehensive plan amendments: 1. The following advertised public hearings are required: a. One or more Planning Commission hearings pursuant to F.S. Chapter 163. b. One or more BCC hearings pursuant to F.S. Chapter 163. 2. The following notice procedures are required: a. Small-scale amendments: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the advertised Planning Commission hearing. iii. Newspaper Advertisement prior to each advertised public hearing. iv. Posting of a sign prior to the advertised Planning Commission hearing. b. Large-scale amendments: i. For all large-scale amendments, a Newspaper Advertisement prior to each advertised public hearing. ii. For large-scale amendments that are site -specific, the additional notice procedures are required: a) A NIM. See LDC section 10.03.05 A. b) Mailed Notice prior to the advertised Planning Commission hearing. c) Posting of a sign prior to the advertised Planning Commission hearing. F. Variance, pursuant to LDC section 9.04.02 or a sign variance, pursuant to LDC section 5.06.08: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. G. Parking exemption, pursuant to LDC section 4.05.02 K.3: 1. The following advertised public hearing is required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. An Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to resubmittal of the petition to the County. b. Mailed Notice prior to each advertised public hearing. . c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. H. PUD Insubstantial Change (PDI) or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. 2. The following notice procedures are required: a. For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written request by the applicant, the Hearing Exarr discretion to waive the NIM after the first set of staff review comments have been issued. b. Mailed Notice prior to the advertised public hearing. c. Newspaper Advertisement prior to the advertised public hearing. d. Posting of a sign prior to the advertised public hearing. I. Ordinance or resolution for the establishment, amendment to, or the abandonment of a Development of Regional Impact (DRI): 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. In accordance with F.S. § 380.06 and the Florida Administrative Code. J. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of less than 10 contiguous acres of land. This is commonly referred to as a rezone. 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the first advertised public hearing. b. Newspaper Advertisement prior to each advertised public hearing. The advertisement for the Planning Commission hearing shall include a project location map. A c. Posting of a sign prior to the first advertised public hearing. d. The County shall notify by mail each owner within the area covered by the proposed ordinance or resolution of the time, place, and location of the public hearings before the BCC. K. Ordinance or resolution that is initiated by the BCC and will change the zoning map designation of more than 10 contiguous acres of land or more or an ordinance or resolution that will change the actual list of permitted, conditional, or prohibited uses of land within a zoning category. This is commonly referred to as a rezone or LDC amendment: 1. The following advertised public hearings are required: a. At least one Planning Commission hearing. The Planning Commission may elect by a majority decision to hear such ordinance or resolution at two public hearings. If there is only one Planning Commission hearing, the hearing shall be held after 5:00 p.m. on a weekday, and if there are two Planning Commission hearings, then at least one of the hearings shall be held after 5:00 p.m. on a weekday. b. At least two BCC hearings. At least one hearing shall be held after 5:00 p.m. on a weekday, unless the BCC by a majority vote plus one vote elects to conduct that hearing at another time of day. 2. The following notice procedures are required: a. Newspaper Advertisement prior to Planning Commission hearing including a project location map. i. The first Planning Commission hearing shall be held approximately seven days after the day that the first advertisement is published. The second hearing will be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The day, time, and place of a second public hearing shall be announced at the first public hearing. b. Newspaper Advertisement prior to the BCC hearings in accordance with F.S § 125.66 (4) including a project locat i. In lieu of the newspaper advertisement, the BCC may mail a written notice to property owners within the area covered by the proposed ordinance or resolution. The notice shall include the time, place and location of both the public hearings before the BCC. ii. The first BCC hearing shall be held at least seven days after the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 1. The following advertised public hearings are required: a. One BCC hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing pursuant to LDC section 4.08.06 E.1. M. Resolution or decision for a Stewardship Receiving Area (SRA) and SRA amendments. 1. The following advertised public hearings are required: a. SRA designation or SRA substantial change: i. One EAC hearing, if required. ii. One Planning Commission hearing. iii. One BCC hearing. b. SRA insubstantial change: i. One Planning Commission or Hearing Examiner hearing. ii. If heard by the Planning Commission, one BCC hearing. 2. The following notice procedures are required: a. SRA designation or SRA substantial change: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the first advertised public hearing. iii. Newspaper Advertisement prior to each advertised public hearing in accordance with F.S. § 125.66. iv. Posting of a sign prior to the first advertised public hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised BCC public hearing. b. SRA insubstantial change: i. A NIM. See LDC section 10.03.05 A. ii. Mailed Notice prior to the advertised public hearing. iii. Newspaper Advertisement prior to the advertised public hearing. iv. Posting of a sign prior to the advertised public hearing. v. Mailed Notice shall be sent to each real property owner within the area covered by the proposed application prior to the advertised public hearing. N. Ordinance or resolution for a mixed use project (MUP) located in the mixed use district overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding administrative approval, pursuant to LDC section 10.02.15: 1. The following advertised public hearings are required: a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required. a. A NIM. See LDC section 10.03.05 A. b. Mailed Notice prior to the first advertised public hearing. 1 c. Newspaper Advertisement prior to each advertised public hearing. d. Posting of a sign prior to the first advertised public hearing. O. Approval of a Comparable Use Determination pursuant to LDC section 10.02.06 K. 1. The following advertised public hearings are required: a. One CCPC or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. P. Official Interpretations, pursuant to LDC section 1.06.00. 1. The following notice procedures are required for the interpretation of county wide application of the Growth Management Plan, Land Development Code and the building code: a. Newspaper Advertisement. 2. The following notice procedures are required for the interpretation affecting a specific parcel of land. a. Notification of affected property owner. Where a site specific official interpretation has been requested by a party other than the property owner, the County shall notify the property owner that an official interpretation has been requested. b. For site specific official interpretations, Mailed Notice shall be sent to property owners within 300 feet of the property lines of the land for which the interpretation is requested. c. Newspaper Advertisement. Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00. 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F and deviations in the GGPOD, pursuant to LDC section 4.02.26 E. 1. The following advertised public hearings are required: a. One Planning Commission or Hearing Examiner hearing. b. If heard by the Planning Commission, one BZA hearing. 2. The following notice procedures are required: a. Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. b. Mailed Notice prior to the advertised public hearing. S. Post Take Plan, pursuant to LDC section 9.03.07 D. 1. The following notice procedures are required: a. Mailed Notice. Additional Mailed Notice details are established in LDC 9.03.07 D.3.b. b. If a Planning Commission or Hearing Examiner hearing is required, a Newspaper Advertisement. 2. The following advertised public hearings may be required: a. If a written objection is received, one Planning Commission or Hearing Examiner hearing. T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC section 10.02.13 E.3.c. 1. The following notice procedures are required: _ a. Mailed Notice, sent by the applicant. 2. The following advertised public hearings may be required: a. If a written objection is received, one BCC or Hearing Examiner hearing. U. Automobile Service Station Waiver pursuant to LDC section 5.05.05 and Alcohol Beverage Distance Waiver pursuant to LDC section 5.05.01. 1. The following advertised public hearings are required: a. One BZA or Hearing Examiner hearing. 2. The following notice procedures are required: a. For an Alcohol Beverage Distance Waiver, an Agent Letter shall be sent to property owners within 150 feet of the area covered by the petition following the initial staff review comments and prior to the second submittal. b. Newspaper Advertisement prior to the advertised public hearing. V. Nonconforming Use Change pursuant to LDC section 9.03.02 D and Nonconforming Use Alteration, pursuant to LDC section 9.03.03 B.S. 1. The following advertised public hearings are required: a. One Hearing Examiner or BZA hearing. 2. The following notice procedures are required: a. Mailed Notice prior to the advertised public hearing. b. Newspaper Advertisement prior to the advertised public hearing. c. Posting of a sign prior to the advertised public hearing. W. Intent to Convert, pursuant to LDC section 5.05.15 C.1. 1. The following notice procedures are required: a. Mailed notice sent by the applicant after the Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. b. Posting of a sign after Intent to Convert application has been reviewed and deemed satisfactory by staff to proceed to the mailed notice and Stakeholder Outreach Meetings, and at least 20 days prior to the first Stakeholder Outreach Meeting. X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3. 1. The following notice procedures are required: a. Newspaper advertisement at least 15 days prior to the Stakeholder Outreach Meeting. b. Mailed notice sent by the applicant at least 15 days prior to the required Stakeholder Outreach Meetings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. This mailed notice may include both required Stakeholder Outreach Meeting dates. All mailed notices shall include the web address to participate in the required web -based visual survey. Y. Compatibility Design Review, pursuant to LDC section 5.05.15 F. 1. The following advertised public hearings are required. a. One Planning Commission hearing. b. One BCC hearing. 2. The following notice procedures are required: a. Newspaper advertisement at least 15 days prior to the advertised public hearing. b. Mailed notice sent by the applicant at least 15 days prior to the required public hearings. For the purposes of this application, all mailed notices shall be sent to property owners within 1,000 feet of the property lines of the subject property. Z. Events in County Right -of -Way, pursuant to LDC section 5.04.05 A.S. 1. The following advertised public hearing is required: a. One Hearing Examiner or BCC hearing. 2. The following notice procedures are required: a. Newspaper advertisement prior to the advertised public hearing in accordance with F.S. 125.66. b. Mailed notice prior to the first advertised public hearing. For the purposes of this application, all mailed notices shall be sent to property owners, neighborhoods and business associations within one -quarter mile of the County right-of-way impacted by the event. (Ord. No. 13-56, § 3.UU; Ord. No. 14-33, § 3.CC; Ord. No. 15-44, § 3.M; Ord. No. 17-10, § 3.E; Ord. No. 20-16 , § 31; Ord. No. 20-44 , § 3.J; Ord. No. 21-14 , § 3.J) 10.08.00 - CONDITIONAL USE PROCEDURES A. General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in a zoning district as a conditional use if specific provision for such conditional use is made in the LDC. All petitions for conditional uses shall be considered first by the Planning Commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. B. Applicability. Conditional use approval is required before the construction or establishment of a conditional use. C. Application. The Administrative Code shall establish the submittal requirements for a conditional use application. 1. 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 applicant 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 6 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 and Zoning 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 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 LDC. D. Findings. The Planning Commission shall make a recommendation of approval, approval with conditions, or denial of the conditional use to the Board of Zoning Appeals. The Planning Commission's recommendation of approval or approval with conditions shall find that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the following matters, where applicable: 1. Consistency with the LDC and Growth Management Plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. E. Planning Commission actions. 1. Conditions and safeguards. In recommending approval of a conditional use, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with the LDC. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of the LDC. 2. Denial by the Planning Commission. If the Planning Commission shall recommend denial of a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. 3. Status of Planning Commission report and recommendations. The report and recommendations of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of Zoning Appeals. F. Consideration by the Board of Zoning Appeals. Upon receipt of the Planning Commission's report and recommendations, the Board of Zoning Appeals shall make a finding that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the matters identified in LDC section 10.08.00 D were applicable. 1. The Board of Zoning Appeals shall approve, by resolution, or deny a petition for a conditional use. The approval of a conditional use petition shall require 4 affirmative votes of the Board of Zoning Appeals. 2. If the Board of Zoning Appeals denies the conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any. G. Expiration and re -review. 1. A conditional use shall expire 5 years from the date of approval, if by that date the use for which the conditional use was granted has not commenced. 2. A conditional use shall expire 1 year following the discontinuance of the use for which the conditional use was granted unless the site was improved and/or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. �— 3. The Board of Zoning Appeals may grant one 2-year extension of an approved conditional use upon written request of the petitioner. 4. If a conditional use permit is approved with stipulations or conditions, a re -review of the permit, stipulations, or conditions shall take place in accordance with the resolution approving the conditional use permit or by request of the applicant. H. Public facility dedication. 1. The Board of County Commissioners may, as a condition of approval of the conditional use, require that suitable areas for streets, public rights -of -way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for certain public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the approval of the conditional use, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the conditional use, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall authorize the County to determine the market value of the property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. ... 2. Land set aside and/or to be improved as committed as part of the conditional use approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the conditional use process. In any case, however, the County shall take title to set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the conditional use. 3. The land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the Board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board of reconsideration of approved conditional use and may result in a violation of the LDC pursuant to section 8.08.00. 4. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the resolution approving the conditional use. I. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. J. Changes and amendments. The County Manager or designee may approve minor changes in the �- location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the conditional use application shall require the submission, review, and approval of a new conditional use application. (Ord. No. 05-27, § 3.000; Ord. No. 06-07, § 3.Y; Ord. No. 12-38, § 3.LL; Ord. No. 13-56, § 3.VV) B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. a. Permitted uses. 1. Accounting(8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Apparel and accessory stores (5611-5699) with 1,800 square feet or less of gross floor area in the principal structure. 5. Architectural services (8712). 6. Auditing(8721). 7. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots"). 8. Banks, credit unions and trusts (6011-6099). 9. Barber shops (7241, except for barber schools). 10. Beauty shops (7231, except for beauty schools). 11. Bookkeeping services (8721). 12. Business consulting services (8748). 13. Business credit institutions (6153-6159). 14. Child day care services (8351). 15. Churches. 16. Civic, social and fraternal associations (8641). 17. Commercial art and graphic design (7336). 18. Commercial photography (7335). 19. Computer and computer software stores (5734) with 1,800 square feet or less of gross floor area in the principal structure. 20. Computer programming, data processing and other services (7371-7379). 21. Credit reporting services (7323). 22. Debt counseling (7299, no other miscellaneous services) 23. Direct mail advertising services (7331). 24. Eating places (5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure). 25. Educational plants and public schools subject to LDC section 5.05.14. 26. Engineering services (8711). 27. Essential services, subject to section 2.01.03. 28. Food stores (groups 5411 - except supermarkets, 5421-5499) with 2,800 square feet or less of gross floor area in the principal structure. 29. Funeral services (7261, except crematories). 30. Garment pressing, and agents for laundries and drycleaners (7212). 31. Gasoline service stations (5541, subject to section 5.05.05). 32. General merchandise stores (5331-5399) with 1,800 square feet or less of gross floor area in the principal structure. 33. Glass stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 34. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 35. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 36. Health services, offices and clinics (8011-8049). 37. Home furniture and furnishings stores (5713-5719) with 1,800 square feet or less of gross floor area in the principal structure. 38. Home health care services (8082). 39. Insurance carriers, agents and brokers (6311-6399, 6411). 40, Landscape architects, consulting and planning (0781). 41. Laundries and drycleaning, coin operated - self service (7215). 42. Legal services (8111). 43. Libraries (8231, except regional libraries). 44. Loan brokers (6163). 45. Management services (8741 and 8742). 46. Mortgage bankers and loan correspondents (6162). 47. Musical instrument stores (5736) with 1,800 square feet or less of gross floor area in the principal structure. 48. Paint stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 49. Personal credit institutions (6141). 50. Photocopying and duplicating services (7334). 51. Photofinishing laboratories (7384). 52. Photographic studios, portrait (7221). 53. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand-alone facilities shall be permitted). 54. Public relations services (8743). 55. Radio, television and consumer electronics stores (5731) with 1,800 square feet or less of gross floor area in the principal structure. 56. Radio, television and publishers advertising representatives (7313). 57. Real Estate (6531-6552). 58. Record and prerecorded tape stores (5735) with 1,800 square feet or less of gross floor area in the principal structure. 59. Religious organizations (8661). 60. Repair services - miscellaneous (7629-7631, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 61. Retail services - miscellaneous (5912, 5942-5961) with 1,800 square feet or less of gross floor area in the principal structure. 62. Secretarial and court reporting services (7338). 63. Security and commodity brokers, dealer, exchanges and services (6211-6289). 64. Shoe repair shops and shoeshine parlors (7251). 65. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 66. Surveying services (8713). 67. Tax return preparation services (7291). 68. Travel agencies (4724, no other transportation services). 69. United State Postal Service (4311, except major distribution center). 70. Veterinary services (0742, excluding outdoor kenneling). 71. Videotape rental (7841) with 1,800 square feet or less of gross floor area in the principal structure. 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 73. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 74. Any other commercial convenience use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 75. An existing lawful structure over 1,800 sq. ft. as of July 14, 2014 may be occupied by any C-2 permitted use with a 1,800 sq. ft. or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C-2 district. 2. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: i. A minimum five and one-half (5Y2) foot high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; ii. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure. iii. The play equipment shall be set back a minimum distance of five (5) feet from the required fence and from the principal structure. 3. Caretaker's residence, subject to section 5.03.05. 4. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in LDC section 10.08.00. 1. Ancillary plants. 2. Educational services (8211, 8222). 3. Homeless shelters. 4. Household appliance stores (5722, limited to air-conditioning room units, self -contained -retail, electronic household appliance stores -retail, household appliance stores, electric or gas -retail, sewing machine stores - retail, and vacuum cleaner stores -retail) with 1,800 square feet or less of gross floor area in the principal structure. 5. Marinas (4493 excluding boat yards, storage and incidental repair), subject to LDC section 5.05.02. 6. Membership organizations, miscellaneous (8699, excluding humane societies, animal) limited to 1,800 square feet or less of gross floor area in the principal structure. 7. Mixed residential and commercial uses subject to design criteria contained in LDC section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50%) percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two (2) stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one - bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 8. Personal services, miscellaneous (7299 - not listed as principle uses and limited to babysitting bureaus; birth certificate agencies; car title and tag services; computer photography or portraits; dating service; diet workshops; dress suit rental; tux rental; genealogical investigation service; hair removal; shopping service for individuals only; wardrobe service, except theatrical; wedding chapels, privately operated) with 1,800 square feet or less of gross floor area in the principal structure. 9. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 10. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 5. Animal specialty services, except veterinary (0752, excluding outside kenneling). 6. Apparel and accessory stores (5611-5699) with 5,000 square feet or less of gross floor area in the principal structure. 7. Architectural services (8712). 8. Auditing (8721). 9. Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area in the principal structure. 10. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots"). 11. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 12. Banks, credit unions and trusts (6011-6099). 13. Barber shops (7241, except for barber schools). 14. Beauty shops (7231, except for beauty schools). 15. Bookkeeping services (8721). 16. Business associations (8611). 17. Business consulting services (8748). 18. Business credit institutions (6153-6159). 19. Business services - miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -telephone, drive -away automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 20. Child day care services (8351). 21. Churches. 22. Civic, social and fraternal associations (8641). 23. Commercial art and graphic design (7336). 24. Commercial photography (7335). 25. Computer and computer software stores (5734) with 5,000 square feet or less of gross floor area in the principal structure. 26. Computer programming, data processing and other services (7371-7379). 27. Credit reporting services (7323). 28. Direct mail advertising services (7331). 29. Drycleaning plants (7216, nonindustrial drycleaning only). 30. Drug stores (5912). 31. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of section 5.05.01. 32. Educational plants and public schools subject to LDC section 5.05.14. 33. Engineering services (8711). 34. Essential services, subject to section 2.01.03. 35. Federal and federally -sponsored credit agencies (6111). 36. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure. 37. Funeral services (7261, except crematories). 38. Garment pressing, and agents for laundries and drycleaners (7212). 39. Gasoline service stations (5541, subject to section 5.05.05). 40. General merchandise stores (5331-5399) with 5,000 square feet or less of gross floor area in the principal structure. 41. Glass stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 42. Group care facilities (category I and 11, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 589A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC section 5.05.04. 43. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 44. Health services, offices and clinics (8011-8049). 45. Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure. 46, Home health care services (8082). 47. Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure. 48. Insurance carriers, agents and brokers (6311-6399, 6411). 49. Labor unions (8631). 50. Landscape architects, consulting and planning (0781). 51. Laundries and drycleaning, coin operated - self service (7215). 52. Laundries, family and commercial (7211). 53. Legal services (8111). 54. Libraries (8231). 55. Loan brokers (6163). 56. Management services (8741 and 8742). 57. Marinas (4493), subject to section 5.05.02. 58. Membership organizations, miscellaneous (8699). 59, Mortgage bankers and loan correspondents (6162). 60. Museums and art galleries (8412). 61. Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in the principal structure. 62. Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 63. Personal credit institutions (6141). 64. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure. 65. Personnel supply services (7361 and 7363). 66. Photocopying and duplicating services (7334). 67. Photofinishing laboratories (7384). 68. Photographic studios, portrait (7221). 69. Physical fitness facilities (7991; 7911, except discotheques). 70, Political organizations(8651). 71. Professional membership organizations (8621). 72. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 73. Public relations services (8743). 74. Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure. 75. Radio, television and publishers advertising representatives (7313). 76. Real Estate (6531-6552). 77. Record and prerecorded tape stores (5735) with 5,000 square feet or less of gross floor area in the principal structure. 78. Religious organizations (8661). 79. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 80. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure. 81. Retail services - miscellaneous (5921-5963 except pawnshops and building materials, 5992-5999 except auctioi shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 squar( gross floor area in the principal structure. 82. Secretarial and court reporting services (7338). 83. Security and commodity brokers, dealer, exchanges and services (6211-6289). 84. Shoe repair shops and shoeshine parlors (7251). 85. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 86. Surveying services (8713). 87. Tax return preparation services (7291). 88. Travel agencies (4724, no other transportation services). 89. United State Postal Service (4311, except major distribution center). 90. Veterinary services (0742, excluding outdoor kenneling). 91. Videotape rental (7841) with 5,000 square feet or less of gross floor area in the principal structure. 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 93. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 94. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 95. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 96. Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K. 97. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 district. 2. Caretaker's residence, subject to section 5.03.05. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in LDC sections 4.02.02 and 10.08.00. 1. Amusements and recreation services, outdoor (7999 - boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary plants. 3. Automotive vehicle dealers (5511, limited to automobile agencies (dealers) -retail and only new vehicles). In addition to the Planning Commission's Findings, its recommendation shall include, but not be limited to, the following considerations for the conditional use request: a. Controls on outdoor paging or amplified systems used as part of the daily operations. b. Location of enclosed service areas, with exception for entry/exit doors. c. The number of service bays. d. Operation hours. e. Adequacy of buffer(s). f. Location of gasoline storage and/or fueling tanks. g. Means of delivery of automobiles. 4. Bowling centers (7933). 5. Coin operated amusement devices (7993). 6. Courts (9211). 7. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01. 8. Educational services (8221 and 8222). 9. Fire protection (9224). 10. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411- 5499). 11. Health services (8071, 8092, and 8099). 12. Homeless shelters. 13. Hospitals (groups 8062-8069). 14. Legal counsel and prosecution (9222). 15. Medical equipment rental and leasing (7352). 16. Membership sports and recreational clubs indoor only (7997). 17. Mixed residential and commercial uses, subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one - bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; x. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); A. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial through such measures as, but not limited to, minimizing noise associated with commercial uses; directing c away from residential units; and separating pedestrian and vehicular accessways and parking areas from re-. greatest extent possible. 1' 18. Motion picture theaters, (7832 - except drive-in). 19. Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 20. Permitted personal services, video rental or retail uses (excluding drug stores - 5912) with more than 5,000 square feet of gross floor area in the principal structure. 21. Permitted use with less than 700 square feet gross floor area in the principal structure. 22. Public order and safety (9229). 23. Social services (8322 - other than those permitted, 8331-8399) 24. Soup kitchens. 25. Theatrical producers and miscellaneous theatrical services (7922 - community theaters only). 26. Vocational schools (8243-8299). D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C- 1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Agricultural services (0783). 6. Amusement and recreation services, indoor (7999). 7. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 8. Ancillary plants. 9. Animal specialty services, except veterinary (0752, excluding outside kenneling). 10. Apparel and accessory stores (5611-5699). Richard Yovanovich From: SolisAndy Sent: Monday, March 22, 2021 5:29 PM To: Joan Coyne Subject: Re: Proposed Isles of Capri Food Truck Park Thank you for your email sharing your concerns regarding the Capri food truck park proposal. Though the volume of emails is too great for him to reply individually, Commissioner Solis appreciates when citizens share their concerns, and he reviews each email. He may reach out to you to gather more information if it seems appropriate, but know that even if he does not contact you again, your voice has been heard. Commissioner Solis also thought you might be interested in the following information we have received recently on this proposal: Staff has been asked to reconsider the findings of the Zoning Verification Letter concerning this project. Please note that Anita Jenkins, Zoning Director, has now determined a Food Truck Park to be a unique use that isn't specifically referenced in the Collier County Land Development Code. As a result, the applicant has been informed that they will have to submit an application for a Comparable Use Determination. This process requires an analysis of the operational characteristics of the proposed use to see if it is comparable to the commercial uses in the C-3 district. This application type requires an advertised public hearing that is presented to the Collier County Hearing Examiner. In addition, the site development plan (SDP) that is under review by the County contains a reject comment requiring the applicant to clarify the floor area calculations to see if a conditional use application will also be required. Lastly, the SDP requires approval of the Comparable Use application before the SDP is approved. I hope this is helpful information. I noted that you didn't include the hearing examiner in your email; if you want to share your concerns with him, his name and email are: Andrew Dickman, andrew@dickmanlawfirm.org Thank you for taking the time to be an engaged member of our community. Please feel free to call or email whenever we can be of assistance. Sent on behalf of Andy Solis, Esq., District 2 Commissioner By Angela Goodner, Executive Coordinator Collier County Board of County Commissioners Phone: 239.252.8602 Sign up for the District 2 newsletter HERE! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in -esponse to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone at 239-252-8602 or in writing at 3299 Tamiami Trail E, Suite 303, Naples, FL 34112. On Mar 22, 2021, at 5:14 PM, Joan Coyne <lordca1109@gmail.com> wrote: EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Date: March 22, 2021 Memo From: Joan Coyne-Merkling To: Collier County Commissioners Collier County Planning Commissioners Collier County Zone Management Subject: Proposed Isles of Capri Food Truck Park Application Number PL2021000012 I am writing to you to tell you I strongly object to the Food Truck Park/Marina that is being planned for the Isles of Capri. My concerns are: 1. The additional amount of traffic that this facility will bring to an already congested commercial area, according to Mr. Rogers, the potential of 300+ cars per day. The roads are not very wide with only one lane in either direction. 2. There are limited pedestrian crossings causing traffic backup and congestion during most days. Will this facility have only one way for access and exiting? What is being planned for pedestrian safety? We have many folks that walk and ride bicycles through this area. Please detail the purposed vehicle/pedestrian traffic safety control methods. 3. What can be done to assure the residents of the Isles of Capri that the emergency vehicles will be able to egress and ingress as necessary during emergency situations? 4. I live just beyond the commercial area and am "entertained" by loud music and crowd noise in the evening. And then shortly after 9PM, we have some "jubilant people" getting into the theirautomobiles and driving loudly away. Will this plan include time limits on entertainment? 5. Regarding the traffic that is going to come in via water, has anyone pursued the Army Corps of Engineers and Sheriff Marine Patrol, Department of Environmental Protection or Florida Fish and Wildlife and get their input as to the amount of boat traffic and the possible damage it will do to the surrounding environment? At this time there is only one way in/out to this area. This is extremely narrow and may cause congestion and damage in this no wake zone. The plan calls for 116 boat slips with room for charters, fishing boats and visiting boats. 6. The plans for an outdoor bar, dance floor, and music area, picnic tables, a building with second floor access to balconies for eating and drinking, a wall for showing movies, volleyball court, restrooms and a play area for children and parking seems to be excessive for the size of the property available. 7. Tarpon Village is a 55+ senior community that is adjacent to the planned food truck park. I know this is something they consider not acceptable. 8. Mr Rogers thinks he is saving us as he said, by not having Condos built on this site. Personally I think they would be more in line with our lifestyle. It would also be less traffic, less congestion, and more tax revenue for Collier County. Before this plan is considered by the Collier County Commissioners, Collier County Planning Commissioners and Collier County Zoning Managers, I hope that you seriously take into consideration the concerns of the residents of the Isles of Capri. I strongly ask you not to permit this Food Truck Park to be built here. I thank you for your time. Joan T Coyne-Merkling 109 West Pago Pago Dr Naples, Fl. 34113 Joan Coyne Please use my new GMAIL address for all future correspondence lordcal 109na,gmail.com ColperCDou ity Growth Management Department Planning and Zoning Division May 7, 2021 Noel Davies, Esq. 2375 Tamiami Trail N., Ste 306 Naples, FL 34103 Via email: Noel. Davies(@ Davies Duke.com Re: SDP Application PL202000001903 - Isle of Capri Food Truck Park Dear Noel: Thank you for your letter dated April 8, 2021. We have reviewed the pertinent materials provided, including the Hearing Examiner Decision 2016-37, the Daruma Site Improvement Plan, a Zoning Verification Letter dated December 6, 2019, along with SIC Code 5812 (Eating Places), the more contemporary NAICS, and the standards for licensing of food trucks in Florida. SIC 5812 includes hamburger, hot dog, box lunch, and ice cream stands, fast food restaurants and stands, and carry -out only restaurants. As referenced in the Zoning Verification Letter dated December 6, 2019, the SIC classification system used in the Collier County Land Development Code is older and does not always address the changing trends of business. In fact, the SIC has not been updated since 1987 and can, at times, be less than sufficient in identifying and categorizing new businesses in our community, such as the increasingly popular food truck business. For this reason, when necessary, it is useful in our determinations to review and consider the more contemporary NAICS to identify the categorization of similar uses. Therefore, when we "cross -walk" the SIC code 5812 (Eating Places), we go to NAICS 72 (Accommodation and Food Services). This category includes eating establishments identified in SIC 5812, and recognizes "food stands" today can be mobile and provides for establishments primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or nonmotorized carts, including Ice cream truck vendors, Mobile food concession stands, Mobile canteens, Mobile refreshment stands, Mobile food carts, and Mobile snack stands. Furthermore, we recognize the Florida Division of Hotels and Restaurants license and regulate eating establishments, including mobile food dispensing vehicles (MFDVs). Based on Collier County's history of findings that food trucks are similar in nature to other eating places in SIC 5812, the additional information provided and reviewed supplements the ZVL issued for PL20200001955 and affirms the request for a Comparable Use Determination for food trucks is resolved and is not required as part of the Site Development Plan PL20200001903 for this use. In C-3 zoning an eating place/food truck park is limited to 6,000 1 square feet or less in gross floor area. The related ZVL still stands on drinking establishments; they are SIC Code 5813 requiring a conditional use in C-3 zoning districts. Respectfully, Anita Jenkins, AICP Division Director CC via email: Heidi Ashton-Cicko Jeffery A. Klatkow Ray Bellows Cormac Giblin Matt McLean Jamie French Naples Daily News - 09/02/2016 Page: D18 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, September 22, 2016, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. ZVL (CUD)-PL20160001881 - Naples 2.0 LLC requests affirmation of a Zoning Verification Letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of food truck park is comparable and compatible in nature to other permitted uses in the General Commercial - Bayshore Mixed Use Overlay District - Neighborhood Commercial Subdistrict (C-4-BMUD-NC). The subject property is located approximately one- quarter mile south of Tamiami Trail East, on the west side of Bay shore Drive, in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 0.75± acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of the staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. fyouareapersonwith adisabilitywho 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, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida September 2, 2016 No. 1245515 (c) Naples Daily News September 2, 2016 7:43 am (GMT +4:00) Powered by TECNAVIA EXPERT PLANNING RESPONSE TO APPEALS OF FCC BEACH & YACHT, LLC CHARLES J. THOMAS This Report contains the expert planning opinion of Certified Planner Charles J. Thomas. It responds to and rebuts the filings of FCC Beach & Yacht, as referenced below FCC Beach & Yacht, LLC (FCC) has appealed the approval of SDP PL20200001903 — Isles of Capri — Food Truck Park (the "SDP"). The premise of the appeal is that, despite prior determinations, including HEX Decision No. 2016-37 (Attachment A), that the use "food truck park" is a permitted use within all zoning districts within which "eating places" (SIC Code 5812) are permitted, "subject to whatever restrictions are imposed by the zoning district including square footage limitations", these determinations do not apply within the C-3 Zoning district and thus do not apply to the subject SDP approval and that, therefore, approval of the SDP requires a Comparable/Compatible Use Determination (CUD). The fundamental premise of the appeal is incorrect: County Staff correctly determined in this case, and in prior cases, that a 'food truck park" is an "eating place". As defined and described in SIC Code 5812 (Attachment B) an eating place includes all: Establishments primarily engaged in the retail sale of prepared food and drinks for on - premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. In my expert planning opinion, County Staff correctly determined that a "food truck" or a "food truck park" is an "eating place" as described in SIC Code 5812 and therefore is permitted in the C-3 Zoning district: The LDC, in Section 1.08.00, establishes five (5) definitions of a "restaurant". These Definitions include: Restaurant, fast food: An establishment [emphasis added] where food is prepared and served to customers in a ready to consume state for consumption either within the restaurant building, outside the building but on the same premises, or off the premises... Restaurant, walk-up: A fast food facility [emphasis added] with one or more walk-up windows. This type of facility has no indoor seating or drive -through windows, but may have outdoor seating. As fast food restaurant is specifically enumerated as being included in SIC Code 5812, a "Restaurant, walk-up: A fast food facility", which accurately describes a "food truck", becomes a permitted use wherever SIC Code 5812 is a permitted use. 1 It should be noted that although the above definitions refer to individual facilities and thus to individual food trucks, a "Food Truck Park" is a group of "Food Trucks", described collectively as a "Park" much as other group groups of permitted uses, for example, a group of office buildings, may be referred to as an "Office Park". Therefore, as SIC Code 5812 is a permitted use in the C-3 Zoning district (LDC Section 2.03.03.C.1.a.(30), it is my expert planning opinion that both an individual "food truck" and a "food truck park" are permitted within the C-3 Zoning district. In my opinion, nothing in the April 15, 2021, narrative by D. Wayne Arnold in support of FCC's OI application, OI-PL20210000943 (Attachment C), the narrative filed in support of FCC's appeal of that application, or in the narrative filed in support of FCC's appeal of the Site Development Plan for the Isles of Capri Food Truck Park, SDP-PL20200001944 (Attachment D), demonstrates any error in the County Staff's decisions to determine that a "food truck park" is a permitted use where SIC Code 5812 is permitted use, to approve the Zoning Verification Letter for the Isles of Capri Food Truck Park, ZVL-PL20200001955 (Attachment E), to approve Site Development Plan for the Isles of Capri Food Truck Park, SDP-PL20200001903, or to reject FCC's request for an Official Interpretation, OI-PL20210000943. As a result, the premise of FCC's appeal, that a "food truck park" is not a permitted use within the C-3 Zoning district, is unfounded. A Comparable/Compatible Use Determination is NOT Required As stated in the FCC's Appeal Narrative, FCC based its appeal upon the contention that the property encompassed by the SDP requires a comparable/compatible use determination, at least in part, by the following Zoning Correction Comment 16, contained within the 1st SDP Review Comment Letter (Attachment F), dated March 17, 2021: This project will require a comparable/compatible use determination for the food trucks. However, when the Trust pointed out the binding determination made in ZLTR-PL20200001955, and other related approvals, that comment was withdrawn. In addition, on May 7, 2021, Anita Jenkins, Director of the Planning and Zoning Division of the Collier County Growth Management Department, with reference to "Collier County's history of findings that food trucks are similar in nature to other eating places in SIC 5812" and with specific note of ZLTR-PL20200001955 affirmed that "the request for a Comparable Use Determination is resolved and is not required as part of the Site Development Plan for this use" (Attachment G). On May 20, 2021, the County issued a Review Comment Letter regarding SDP PL20200001903 (Attachment H) that did not include Zoning Review Comment 16, indicating that the Review Comment had been resolved. Following the resolution of all other review comments, The Approval of Site Development Plan PL20200001903 (Attachment I) was issued on July 29, 2021. 2 In light of this history, it is my opinion that FCC's claim that "Staff recognized the error in issuing the ZVL and required that the petitioner apply for a conditional use determination" is wholly unsupported and unsupportable. FCC did not appeal ZVL-PL20200001955, and there is no suggestion that the ZVL was issued in error; both Anita Jenkin's letter of May 7, 2021 and INTP- 2021-PL-0943 (Attachment J) dated August 4, 2021 demonstrate that, to the extent that there was an error by Staff, it was in the failure of Zoning Correction Comment 16 to recognize that the necessary CUD had been made. The Appellant's further inference that Ms. Jenkins' letter represented an "unexpected change in procedure [that] circumvents the public's involvement in the process required by comparable/compatible use determinations" is unfounded; instead, both Ms. Jenkins' letter and INTP-2021-PL-0943 demonstrate that the requirement of a CUD, where the necessary determination had been made, had been applied consistently by the County and had been confirmed with regard to the subject property by ZLTR-PL20200001955 would have represented an "unexpected change in procedure". It is my expert planning opinion that FCC's Appeal of the Staff approval of SDP-PL2020001903 does not demonstrate any failure by the Staff to follow or apply the LDC or that its decision was not supported by competent substantial evidence. Reauest for Official Interpretation/ INTP-2021-PL-0943 (PL20210002121) Despite knowing the County's long history of issuing valid and binding determinations that food truck parks are "eating places", and despite knowing that the Trust had received ZLTR- PL20200001955, on April 15, 2021, the Appellant, the owner of property abutting the property subject to SDP filed a Request for Official Interpretation (ROI) seeking confirmation of two distinct assertions: "...a'Food Truck Park', Food Truck Court' or Mobile Food Vending Site' is not a permitted use in the C-2 or C-3 Zoning districts, or within any commercial component of a Planned Unit Development (PUD) unless the specific use of a'Food Truck Park', 'Food Truck Court' or 'Mobile Food Vending Site' (hereinafter collectively referred to as a'Food Truck Park') is identified as a permitted use within the commercial zoning district or commercial component of a PUD.", "...a 'Food Truck Park', may not be deemed a permitted use within the C-2 and C-3 Zoning Districts, or any commercial component of a PUD", and "the LDC must be amended to allow Food Truck Parks as an allowed use assuming the Board of County Commissioners agrees such use should be allowed". In short, in addition to challenging the issuance of SDP PL20200001903 for not obtaining a Comparable Use Determination, FCC's ROI alleges that any determination regarding "Food Trucks" or "Food Truck Parks" that has been made was incorrect, that no such determination can be made, and that the OI process can be used to determine that no such determination could ever be granted. 3 On August 4, 2021, an Official Interpretation (INTP-2021-PL-0943) was issued by Mike Bosi, Zoning Director, Planning & Zoning Department, Collier County Growth Management Division — Planning & Regulation. The Official Interpretation rejected each of FCC's assertions, and concludes that, pursuant to the provisions of LDC Sections 2.03.00 and 10.02.06.K, it has been determined that the use "food truck park" has been determined to be "comparable and compatible to" the use of "eating and drinking establishments (SIC Code 5812)" and that "based on that determination, all zoning districts that permit restaurants (SIC Code 5812) are determined to also permit food trucks subject to whatever restrictions imposed by the zoning district including square footage limitations". It should be noted that the County has consistently stated the determination contained in ZLTR PL20200001955 that although a food truck park is a permitted use in any zoning district in which SIC Code 5812 is a permitted use, bar/drinking establishments (SIC Code 5813) require conditional use approval. For the reasons stated above, it is my expert planning opinion that the staff determination, as reiterated in the OI, that the a "food truck park" is an "eating place" permitted in the C-3 district was correct. In addition, it is my expert planning opinion that FCC's claim that a "food truck park" is not permitted in the C-3 Zoning district and could never be permitted in the C-3 Zoning district through the Comparable Use Determination process is contrary to the provisions of the LDC and is not correct. APPEAL OF INTP-2021-PL-0943 (PL20210002121) In addition to its appeal of SDP PL20200001903, the Appellant has appealed INTP-2021-PL- 0943 (the "01"). The Appellant's Request for Official Interpretation (ROI) sought the following: Confirmation that a "Food Truck Park", "Food Truck Court" or "Mobile Food Vending Park" is not a permitted use in the C-2 and C-3 Zoning districts; Confirmation that a "Food Truck Park" may not be deemed a permitted use within the C- 2 and C-3 Zoning Districts; and Confirmation that the LDC must be amended to allow "Food Truck Parks" as an allowed use if the Board of County Commissioners agrees such a use should be allowed. The Appellant correctly notes that the term "Food Truck Park" is not defined in the LDC and that "Food Truck Park" is not specifically identified, by SIC Code or otherwise, in the LDC. That there are uses that are not defined and/or specifically identified, but that may be compatible with those uses that are specifically identified, is recognized by the provision in the C-1 through C-5 Commercial districts that provides for Compatible Use Determination by the HEX or BCC: Sec. 2.03.03. A. C-1 district 1.a.41 (subject to limitations) B. C-2 district 1.a.74 (w/o limitations) C. C-3 district 1.a.96 (w/o limitations) D. C-4 district 1.a.142 (w/o limitations) E. C-5 district 1.a.183 (w/o limitations) 4 No similar provision is found in the TTRVC (Travel Trailer -Recreational Vehicle Campground district, the I (Industrial district), or the BP (Business Park district), demonstrating that, if the LDC intended that no Compatible Use Determination could be sought for a use not specifically identified as a permitted use in a particular zoning district, it could have done so. The substitution of the stated opinion that "'a Food Truck Park' does not have similar characteristics to any other use permitted by right in the C-2 and C-3 districts or any commercial component of a PUD and more specifically, that a Food Truck Park is not comparable to a restaurant" imposes a conclusion that is reserved to the process carefully articulated in LDC Sec. 2.03.00.A. and 10.02.06.K. Sec. 10.02.06.K.1. clearly states, without limitation, that "The following Conditional Use Determination shall be used to determine whether a use [emphasis added] is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD." As discussed in detail in the OI, the determination has been made, in accordance with process articulated in the LDC, that the use "food truck park' is a permitted use in all zoning districts in which restaurants (SIC Code 5812) are permitted and that determination has been consistently applied since the determination was made. This conclusion is affirmed in the OI as follows: While the Commercial and Industrial zoning districts do not specifically designate food trucks as permitted uses, the Comparable Use determination has been established to identify similar uses to a zoning district when the proposed use has been determined to be comparable and compatible to existing uses in the zoning district. Hearing Examiner Decision No. 2016-37 established food truck parks as comparable to a restaurant use and based on that determination, all zoning districts that permit restaurants (SIC 5812) are determined to also permit food trucks subject to whatever restrictions imposed by the zoning district including square footage limitations. If applied to the Appellant's requests, the ROI confirms the following: that a "Food Truck Park", "Food Truck Court" or "Mobile Food Vending Park" is a permitted use in the C-2 and C-3 Zoning districts that a 'Food Truck Park" is a permitted use within the C-2 and C-3 Zoning Districts that the LDC must be amended to otherwise regulate "Food Truck Parks" if the Board of County Commissioners determines that Food Truck Parks should be subject to regulation not currently present within the LDC. The Appellant, in its "Appeal Narrative", laments the lack of "any response to the Property Owner's expert and well written opinion in its April 15' ROI'that it is his "professional expert opinion that a Food Truck Park is not compatible or comparable with other permitted uses found in the C-2 and C-3 Zoning Districts and commercial components of a PUD and therefore, are not permitted uses in those districts". Although this expert opinion is contrary to the determinations confirmed by the ROI, these determinations were made in accordance with the procedures established by 5 the LDC and it is they that require amendment of the LDC should the BCC determine that food truck parks should be subject to regulation not currently present within the LDC. For the reasons stated above, it is my expert planning opinion that the Appellant's narrative and expert opinion do not support the findings sought be the Appellant. Results of the Official Interpretation In its request for an Official Interpretation, the Appellant asserts that: A Food Truck Park is significantly different than a restaurant and should not be interpreted to be a restaurant, and A "Food Truck Park": 1. Is not comparable to a restaurant in that it is not located in a brick -and -mortar facility, and 2. Does not meet any Collier County LDC definition for a restaurant. "There are numerous Collier County code provisions that regulate where and how a restaurant may operate. There are no such code provisions relating to Food Truck Parks'." A "Food Truck" is not a permanent structure and there are no LDC provisions relating to the use and operation of a'Food Truck'." A "Food Truck Park" could collectively exceed the square footage limitation for a restaurant because a food truck does not count toward a restaurant's square footage. "...a food truck park could allow hundreds of patrons, include an outdoor bar, include an outdoor band area and not exceed the permanent structure limitations associated with a restaurant. The very nature of a Food Truck Park is more like amusement/entertainment use and not a restaurant use." Collectively, these statements cast the impression that the determination that a Food Truck Park is a permitted use within all zoning districts that permit "Eating Places (SIC code 8512)" Food Truck Parks will not be subject to regulation. However, "Use" is only one of spectrum of restrictions imposed by the LDC. This is recognized by the concluding phrase of the IO: '...all zoning districts that permit restaurants (SIC 5812) are determined to also permit food trucks subject to whatever restrictions imposed by the zoning district including square footage limitations. Restrictions upon Use The LDC provides, in commercial districts C-1 through C-5, for the approval of any other use 11which is comparable in nature with the list of permitted uses [in the subject zoning district] and M. consistent with the purposes and intent of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K." In this instance, that approval is reflected in Hex Decision No. 2016-37. Thus, the scope of the HEX CUD is limited to "use", in this instance "food truck parks" and "food truck parks" remain subject to the other applicable provisions of the LDC. Applicable provisions of the LDC are found in Section 1.08.00 — Definitions, Chapter 2 Zoning Districts and Uses, Chapter 4 Site Design Standards. Section 1.08.00 - Definitions As noted above, the term "Food Truck Park" is not defined in the LDC. Neither is the term "Food Truck". However, a "Food Truck" does meet the definition found in the LDC for a "restaurant, walk-up": The Collier County LDC establishes five (5) definitions of a "restaurant": 1. Restaurant: A building or part of a building where food is offered for sale or sold to the public primarily for immediate consumption 2. Restaurant, drive -through: A fast food facili [emphasis added]... 3. Restaurant, fast food: An establishment [emphasis added] where food is prepared and served to 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... 4. Restaurant, sit-down: A restaurant [emphasis added] where... 5. Restaurant, walk-up: A fast food facility [emphasis added] with one or more walk-up windows. This type of facility has no indoor seating or drive -through windows, but may have outdoor seating. Pursuant to the above as Eating Places (SIC Code 5812) explicitly includes "Restaurants, fast food", and a food truck meets the definition of "Restaurant, walk-up: A fast food facility..." (and arguably would be a permitted use without the necessity for a CUD. However, as the CUD has been made, the import of this definition is that: It does not require location within a building (or a "bricks and mortar facility"); in contrast, the definition of "Restaurant, fast food" contemplates an 'establishment" and the definition of "Restaurant, walk up" contemplates a "facility" each without reference to location in a building. As evidenced by the definitions of other types of restaurants, if intended, specific reference to location within a building could have been included in the definitions of "Restaurant, fast food" and "Restaurant, walk up". It determines the off-street parking requirements applicable to a "food truck". It should be noted that the above definitions, and the regulations described below, refer to individual food trucks. Although the references are to a "Food Truck"; a "Food Truck 7 Park" is a group of "Food Trucks", described collectively as a "Park" much as other group groups of permitted uses, for example, a group of office buildings, may be referred to as an "Office Park". The regulations applicable to a "Food Truck" remain applicable within what be referred to as a "Food Truck Park". Chapter 2 — Zoning Districts and Uses Chapter 2 establishes zoning districts and the uses permitted therein. There are five (5) primary zoning districts: C-1 through C-5. These districts create a hierarchy from the least intensive and most restrictive C-1 — Commercial Professional and General Office District to the most intensive C-5 — Heavy Commercial District. Each district has a stated purpose and permits specific uses compatible with that purpose. Uses are identified by names and Standard Industrial Classification (SIC) Code. In some instances, the range of uses that would ordinarily be permitted in a particular district by reference to a SIC Code is modified to the limit the range of uses permitted or the size of a permitted use is limited to reflect the purpose of that district. For example, the use Eating Places (5812) is differentiated among the C-2 though C-4 districts as follows: C-2 Commercial Convenience district Eating places (5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure). C-3 Commercial Intermediate district Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal building structure. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.011. 1 Section 5.05.01 establishes criteria that must be met to obtain approval to sell alcoholic beverages for consumption on site. C-4 General Commercial district Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01. As noted above, each district has a stated purpose and permits specific uses compatible with that purpose. Therefore, uses permitted in association with Eating Places (SIC code 5812), and thus a food truck, whether individually or collectively in a "food truck park", are limited by the provisions of the applicable zoning district. For illustration, permitted uses in the C-3 zoning district include: Amusement and recreation services, indoor (SIC Code 7999 with limitations to specifically enumerated activities) M Eating Places (SIC Code 5812 only); All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of section 5.05.01. Physical fitness facilities (SIC Code 7991; 7911, except discotheques) The following uses require Conditional Use approval: Amusement and recreation services, outdoor (SIC Code 7999 — boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only) Drinking places (SIC Code 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on - premise consumption are subject to locational requirements of section 5.05.01. Permitted food service (SIC Code 5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 1 Section 5.05.01 establishes criteria that must be met to obtain Approval to sell alcoholic beverages for consumption on site. In contrast, in the C-4 district, a broader range of Amusement and recreation services, outdoor, is permitted: Amusement and recreation services, outdoor (SIC Code 7948, 7992, 7996, 7999) Notably, SIC Code 7996 encompasses "Amusement Parks" and SIC Code 7999 encompasses "Amusement and Recreation Services, Not Elsewhere Classified". In accordance with the above, the uses that would create an "amusement/entertainment" park, whether or not in conjunction with a food truck or a food truck park, are not permitted in the C-3 zoning district. Chapter 4 — Site Desian and Development Standards LDC section 4.02.01 establishes dimensional standards applicable within base zoning districts. Although these standards may not apply to a mobile food truck, when a food truck is affixed to the ground it requires building permit and becomes subject to the dimensional standards of LDC section 4.02.01. These standards establish requirements for minimum lot size and width, building setbacks and building height applicable to a food truck or food truck park. These requirements, together with a traffic needs analysis and site design and safety concerns including driveways, internal circulation, utilities, stormwater management and landscape buffers, are subject to review during the Site Development Plan approval process. LDC section 4.05.00 establishes requirements for off-street parking and loading for each category of restaurant defined in LDC section 1.08.00. The parking requirement applicable to "Restaurant (walk-up or drive through with walk-up window and/or outdoor seating) is: One (1) space per 80 square feet for public use areas including outdoor eating areas or 1 per 2 seats, whichever is greater, and for non-public areas (kitchen, storage, freezer, etc.) one (1) space per 200 square feet. Contrary to the concern expressed by the Appellant, the requirement to provide off-street parking, together with the requirement to meet the dimensional standards applicable in the C-3 zoning district, effectively limits the square footage, and therefore the intensity of use, that may be accommodated on a property. As an example, the approved site plan for SDP PL20200001903 accommodates nine (9) food trucks and indoor seating areas occupying, in the aggregate, 5,995 gross square feet, requiring 86 parking spaces. By comparison, an alternate site plan for the same property can accommodate three(3) sit down restaurants, each of less than 6,000 square feet of gross floor area, containing in the aggregate 12,300 gross floor area, requiring 148 parking spaces. As demonstrated above, there are numerous provisions of the LDC that address and regulate food trucks and food truck parks and the uses that may be include within or associated with them. Collectively, these provisions dispel the impression created by the assertions made in the Appellant's ROI that food trucks and food truck parks are unregulated and will result in more intense development than is otherwise permitted in the zoning district within which they may be located. Regulations in Other Jurisdictions In its ROI, the Appellant correctly notes that other jurisdictions have adopted "specific zoning and permitting guidelines to address among other considerations, food safety, traffic, noise and neighborhood compatibility" associated with food truck parks. Evanston, Illinois and Raleigh, North Carolina are cited as examples; we need look no further than the City of Bonita Springs for a more proximate example. Should Collier County determine that it wishes to distinguish "Food Trucks" from other "walk-up fast food" restaurants, define a "Food Truck Park", restrict the location of either to specific zoning districts, and establish standards and approval procedures associated therewith, or otherwise address either "Food Trucks" or "Food Truck Parks", it has the ability to do so in the manner as have other communities, i.e., adoption amendments to the LDC. However, until it does so, the provisions of the LDC, which establish that a "Food Truck" is a permitted use in districts in which Eating Places (SIC Code 5812) are permitted, subject to compliance the other applicable provisions of LDC including those in sections 4.02.00, 4.05.00 and 5.05.01, govern 'food trucks" and 'food truck parks" in Collier County. 10 Conclusions As discussed above, the following are applicable to food trucks and food truck parks within the C-3 district: 1. Food trucks and food truck parks are a permitted use; 2. Drinking Places (SIC Code 5813) are a conditional use; 3. All eating and drinking establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01. 4. Food trucks are subject to the square footage regulations applicable to Eating Places (SIC Code 5812) in the district in which they are located; 5. The uses that may be permitted in conjunction with a food truck park are limited to those uses permitted within the C-3 zoning district; 6. Food trucks and food truck parks are subject to the dimensional requirements set forth in LDC section 4.02.01; 7. Food trucks and food truck parks are subject to the off-street parking requirements set forth in LDC section 4.05.00; and 8. Should it be determined that further regulation of food trucks or food truck parks is desired, such regulations may be adopted by amendment to the LDC. In conclusion, it is my expert planning opinion that "food truck park" is permitted in the C-3 Zoning district as an "eating place" and I agree with County Staff and the County's prior determinations on this matter. Furthermore, it is my expert planning opinion that Appellant's statements to the contrary are incorrect and unfounded. 11 ATTACHMENTS A HEX No. 2016-37 Hearing Examiner Decision B SIC Code 5812 C Request for Official Interpretation D Appellant's Narrative E PL20200001955 ZLTR F PL20200001903 V SDP Review Comment Letter G PL20200001903 H PL20200001903 I PL20200001903 J INTP-2021-PL-0943 K LDC L SIC Codes M Determinations Timeline N Resume 10.5.21 Jenkins to Davies Review Comment Letter Approval of Site Development Plan Official Interpretation Section 5.05.01 5812 5813 7911 7948 7991 7992 7996 7999 12 9/22/16 4/15/21 10/20/20 3/17/21 5/7/21 5/20/21 7/29/21 8/4/21 ATTACHMENT A HEX NO.2016 — 37 HEARING EXAMINER DECISION PETITION NO. ZVL(CUD)-PL20160001881 — Naples 2.0 LLC requests affirmation of a Zoning Verification Letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of food truck park is comparable and compatible in nature to other permitted uses in the General Commercial — Bayshore Mixed Use Overlay District — Neighborhood Commercial Subdistrict (C-4-BMUD-NC). The subject property is located approximately one -quarter mile south of Tamiami Trail East, on the west side of Bayshore Drive, in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 0.75f acres. DATE OF HEARING: September 22, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Sub -section 2.03.03 D.l.c.26 of the Land Development Code. 2. Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition should be approved. ANALYSIS: The applicant has stated it is the intention that the food trucks will remain on -site a minimum of thirty (30) consecutive days, although not a requirement. This will aid in their functioning in a more stable manner than a typical food truck. No members of the public spoke in opposition to this application. DECISION: The Hearing Examiner hereby approves Petition No. ZVL(CUD)-PL20160001881, filed by Laura DeJohn, AICP, of Johnson Engineering, Inc., representing Naples 2.0 LLC, requesting approval of a zoning verification letter determining that the proposed use of food truck park is comparable and compatible in nature to other permitted uses in the General Commercial — Bayshore Mixed Use Overlay District — Neighborhood Commercial Subdistrict (C-4-BMUD- NC), on the property located at the intersection of Bayshore Drive and Becca Avenue and further described herein, and affirms staff s determinations as stated in the Zoning Verification Letter attached as Exhibit "A", subject to the condition(s) set forth below. [16-CPS-01583/1288891/1]41 1 of ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL(CUD)-PL20160001881 LEGAL DESCRIPTION: Lot 1, 2, 3, 4 and 5, Demere Landing, according to the plat thereof as recorded in Plat Book 4, Page 14, Public Records of Collier County, Florida. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date [16-CPS-01583/1288891/1]41 2 of Mark Strain, Hearing Examiner Appro as to form nd legality: Scott A. Stone Assistant County Attorney Co Ier C014tlty Growth Management Department Zoning Division August 26, 2016 Laura DeJohn, AICP Johnson Engineering, Inc. 2350 Stanford Ct Naples, FL 34112 Re: Zoning Verification Letter ZVL (CUD)-PL20160001881; Food Truck Court, Bayshore Drive and Becca Avenue, Collier County, Florida, Multiple Folio Numbers Dear Ms. DeJohn: Thank you for your request for a Comparable Use Determination (CUD). The subject property is zoned General Commercial, Bayshore Mixed -Use Overlay District, Neighborhood Commercial (C-4-BMUD-NC). You requested a determination that the use of "food truck park" is comparable with the permitted use in the C-4 district of "eating and drinking establishments". BMUD-NC also permits "bars" and "restaurants". A Zoning Verification Letter, dated April 5, 2016 from Ray Bellows stated that proposed uses are consistent with the purpose and intent statements of both the C-4 and BMUD-NC districts; however, the LDC does not specifically allow mobile food vendors to operate from a fixed location in either district. The Zoning Verification Letter determined that the use of "food truck park" is not a specific permitted use, and recommended a CUD to make that determination. The State of Florida regulates food trucks under the Division of Hotels and Restaurants, indicating that the State considers them to be classified as restaurants. In addition, you have stated that the minimum stay of each truck on the site shall be 30 days, giving a more stable location than a typical mobile vendor. The proposed food truck park may also include the sale of seafood from a vessel moored at the site. This use is classified as Seafood Market (SIC 5421), which is also a permitted use in the C-4 district. Exhibit "A" Page 1 of 2 2800 North Horseshoe Drive • Naples, FL 34104 9 239-252-2400 9 www.colliergov.net Based on the research above and in the application, the Planning Manager has determined that the requested use is comparable and compatible to the other permitted uses in the district and is therefore a permitted use. In order to become valid, this determination requires affirmation by the Hearing Examiner Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or fredreischl@colliergov.net. Researched and prepared by: Reviewed by: Fr eischl, AICP, Principal Planner Raymo V. Bellows, Zoning Manager Planning & Zoning Planning & Zoning cc: Anis Moxam, Addressing Exhibit "A" Page 2 of 2 ATTACHMENT 6 SIC Manual / Description for 5812: Eating Places SIC Search Description for 5812: Eating Places Division G: Retail Trade I Major Group 58: Eating And Drinking Places I Industry Group 581: Eating And Drinking Places 5812 Eating Places Establishments primarily engaged in the retail sale of prepared food and drinks for on -premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. ■ Automats (eating places) • Beaneries ■ Box lunch stands ■ Buffets (eating places) ■ Cafes ■ Cafeterias ■ Carry -out restaurants ■ Caterers ■ Coffee shops ■ Commissary restaurants ■ Concession stands, prepared food (e.g., in airports and sports arenas) ■ Contract feeding ■ Dairy bars ■ Diners (eating places) ■ Dining rooms ■ Dinner theaters ■ Drive-in restaurants ■ Fast food restaurants ■ Food bars ■ Food service, institutional ■ Frozen custard stands ■ Grills (eating places) ■ Hamburger stands ■ Hot dog (frankfurter) stands ■ Ice cream stands ■ Industrial feeding ■ Lunch bars ■ Lunch counters ■ Luncheonettes ■ Lunchrooms ■ Oyster bars ■ Pizza parlors ■ Pizzerias ■ Refreshment stands ■ Restaurants ■ Restaurants, carry -out ■ Restaurants, fast food ■ Sandwich bars or shops ■ Snack shops ■ Soda fountains ■ Soft drink stands ■ Submarine sandwich shops ■ Tea rooms ■ Theaters, dinner UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 k.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement ATTACHMENT D F-11W 1-11 ELI F-111 J R This is an appeal of the approval of the site development plan for the Isles of Capris Food Truck Park and Bar ("SDP") Project Number: PL20200001903. FCC Beach & Yacht, LLC (the "Property Owner") is a property owner within 300 feet of the property lines of the SDP and is therefore authorized to file an appeal pursuant to section 250-58 of the Code of Ordinances and Laws of Collier County Florida. A COMPARABLE/COMPATIBLE USE DETERMINATION IS REQUIRED. The SDP was approved for a parcel of property on the Isles of Capri which is zoned C-3. A food truck park is NOT listed as a permitted use in the C-3 Zoning District. Staff in its SDP Review Comment letter dated March 17, 2021 ("SDP Comment Letter") required the petitioner to obtain a comparable use determination prior to the SDP being approved. A copy of the SDP Comment Letter is attached as Exhibit "A" to this Appeal Narrative. As you can see, the SDP Comment Letter had the following Zoning Condition: Correction Comment 16: This project will require a comparable/ compatible use determination for the food trucks. Unable to approve the SDP until the comparable/ compatible use determination is approved. Once approved please upload a copy of the approved decision. Initially, the petitioner obtained a Zoning Verification Letter (ZVL) that a food truck park is the same as a restaurant and thus permitted in C-3 zoning districts. Staff recognized the error in issuing the ZVL and required that the petitioner apply for a comparable use determination. This is extremely important for two reasons. First, a comparable use determination petition is heard by the Hearing Examiner (HEX) at an advertised public hearing, while a ZVL is not a public process. Second, at the advertised public hearing, argument can be presented by respective property owners that a food truck park is NOT the same as a restaurant, as the impacts to neighbors are significantly different than a restaurant. On March 25, 2021, counsel for the Property Owner spoke to Anita Jenkins, the Planning and Zoning Director at the time, regarding the above referenced corrective comment. Ms. Jenkins confirmed this corrective comment to counsel. PROPERTY OWNER FILED REQUEST FOR OFFICIAL INTERPRETATION. In an abundance of caution, the Property Owner filed a Request for Official Interpretation on April 15, 2021. A copy of the Request for Official Interpretation ("ROI") is attached hereto and incorporated herein as Exhibit "B". The ROI was addressed to Ms. Jenkins, who was responsible for responding to the ROI until Mike Bosi returned to the County. We are still waiting for the County's response. At some point, the Request for Official Interpretation will be heard by the BCC. Notwithstanding, the Property Owner just learned that Ms. Jenkins is no longer requiring a comparable use determination be filed and processed. Please see the e-mail by Ms. Jenkins dated April 22, 2021, attached hereto as Exhibit "C" (an email written 7 days after the Property Owner's ROI was filed). This unexplained change in procedure circumvents the public's involvement in the process required by comparable/ compatible use determinations. 1 In fact, on April 27, 2021, the petitioner then filed a response to the SDP Comment Letter by attaching Ms. Jenkins e-mail. Please see Exhibit "D" attached hereto. The petitioner officially requested the project' name be changed to the "Isles of Capri Food Truck Park and Bar" (from the name "Isles of Capri - Food Truck Park & Ice Cream Parlor") and then responded to Corrective Comment 16 as follows: 16. This project will require a comparable/compatible use determination for the food trucks. Unable to approve the SDP until the comparable/compatible use determination is approved. Once approved please upload a copy of the approved decision. Response: It is our understand from the landowner/developer's legal counsel, Noel Davies, that this has been resolved. Please see attached email from Anita Jenkins to Noel Davies dated April 22, 2021. To date, the Property Owner is unaware how the Zoning Review's requirement for a comparable/compatible use determination was resolved. Clearly, the resolution is not identified in Ms. Jenkins' email to Mr. Davies and is still a question to be answered. Moreover, counsel for the Property Owner was shocked that neither he nor the Property Owner was informed of this change in position (or how this position was resolved) since Ms. Jenkins was fully aware of the Property Owner's (and other property owners within Isles of Capri) concern about the food truck park and now bar, as set forth in their ROL Over the past approximately four months since the Property Owner filed the ROI, the Property Owner's representatives have had several conversations with County Staff regarding the status of the response to their ROL After more than two and half months', the Property Owner received an ROI Comments Letter dated July 1, 2021, from Ms. Jenkins [subject line: Official Interpretation, PL20210000943, Food Truck Park/Court (INTP)] attached as Exhibit "E". The ROI Comments Letter provided (1) that "The project will retain a "HOLD" status until all comments are satisfied" and (2) the County Attorney's office requested the FOLIO number of the C-3 property owned by the Property Owners. Equally important to the information contained in the ROI Comments Letter, is the information not provided. What was missing from the ROI Comments Letter was any response to the Property Owner's expert and well written opinion in its April 15th ROI that: Given the unique nature of a "Food Truck Park" it is my professional expert opinion that a Food Truck Park is not comparable or compatible with other permitted uses found in the C-2 and C-3 Zoning Districts and commercial components of a PUD and therefore, are not permitted uses in those districts. Accordingly, [the Property Owner is] requesting an ' The Administrative Code, Chapter 4 (Administrative Procedures), requires that the County provide the applicant with an official interpretation within 45 days of receiving a complete request for the official interpretation. After more than two and half months, the Planning & Zoning Division issued a "miscellaneous correction" requesting the folio numbers of the property owned by the Property Owner. This request should have been requested before July 15t (which late request merely delayed the process of providing an official interpretation, which is concerning in light of the April 22"d email sent by Ms. Jenkins and the Response filed by the petitioner on April 27th). The County immediately received the folio numbers; however, the Property Owner is still waiting on an ROL 2 official interpretation that Food Truck Parks are not permitted uses in C-2 and C-3 Zoning Districts and commercial components of a PUD. You must ask yourself why, on July 1St, after sending an email to Noel Davies on April 22n1 (which was interpreted by them to have resolved their requirement to obtain a comparable/compatible use determination), did Ms. Jenkins not simply inform the Property Owners of the County's change of position? Neither the Property Owners nor their counsel or consultants were ever told that the requirement to obtain a comparable use determination had been rescinded. Subsequently, we have learned that the site development plan (SDP) was approved on July 29, 2021. A copy of the approval letter is attached hereto as Exhibit " ll". Once again, neither the concerned Property Owner nor its counsel or consultants were ever told by County Staff that the site development plan was approved. Clearly, the Collier County Land Development Code ("LDC") does NOT include "Food Truck" as a listed permitted use. In fact, as set forth in the Property Owner's ROI (filed with the County on April 15t"), the proposed food truck is not a comparable use to any other commercial use (including a restaurant) identified in the LDC within C-2 and C-3 Zoning Districts or any commercial component of a PUD. The impacts to the neighborhood are significantly different. Please see the supporting document of the Property Owner' ROI which sets forth the opinion of Wayne Arnold an AICP planner that a food truck park is NOT comparable or compatible to a restaurant. The LDC in section 10.02.05K identifies specific criteria that must be analyzed when determining whether a use is a comparable use. These review criteria are there to protect the nearby property owners. In addition, the comparable use process requires an advertised public hearing before the HEX. Staff, by issuing the SDP (over its previously issued requirement to obtain a comparable/ compatible use determination), improperly circumvented, without reason, the public's right to participate in the hearing process. The food truck park identified in the SDP is not a neighborhood commercial use. The food truck park will attract people to Isles of Capris that would not otherwise come to the island, increase traffic to the area greatly diminish property values for surrounding property owners and the residents of Isles of Capris. The Property Owner will suffer significant damages including but not limited loss in property value as a result of the construction authorized in the SDP. LDC section 2.03.03 C. 96 provides as follows: Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC Section 10.02.06K. The Property owner was denied its due process rights when county staff unilaterally determined that LDC Section 10.02.06K should be ignored. The Property Owner is not alone in its concern about the negative impacts of a food truck park and bar. There are many other property owners on the Isle of Capris who are also concerned about the circumvention of the public process and the approval of a food truck park and bar. 3 It is the Property Owner's position that County Staff incorrectly approved the SDP, and that approval should be rescinded. ATTACHMENT E Go*eer c"Ounty Growth Management Department Zoning Services Section October 20, 2020 Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Rd, Suite 201 Naples, FL 34104 ZLTR-PL20200001955; Zoning Verification Letter for a group of vacant and developed property located on the Isle of Capri AKA Isles of Capri Business Section lots 485, 486 & 530-548 in Section 32, Township 51, Range 26 unincorporated Collier County, Florida. Property ID/Folio Number: 52502680002, 52502560009, 52501480009, 52501440007, 52502720001, 52502960007, 52503000005, 52503040007 comprising of +/-2.89 acres. Ms. Harrelson, This letter is in response to a Zoning Verification Letter (ZLTR) Application that you submitted on or about September 30th, 2020. The applicant has requested verification of the questions listed below in bold print, which are followed by Staff s responses. Questions: 1. Is the described "food truck Park" permitted on the subject properties (with and without a bar)? According to the official zoning map the subject properties are located within the Commercial Intermediate (C-3) zoning district. This district permits restaurants/food truck establishments (SIC code 5812) by right but requires a conditional use for a bar/drinking establishment (SIC code 5813). Since the food trucks are privately owned and will be separate from the drinking establishment, they will be permitted by right, but the bar use will require a separate conditional use approval. 2. What is the required parking calculation for the proposed "food truck park" at the subject location (with and without a bar)? The required parking will be as follows: Restaurant/food truck areas: 1 space per 200 sq. ft. of non-public use area plus 1 space per 2 seats Bar area: 1 per 50 sq. ft. plus 1 per 75 sq. ft. for any outdoor eating/drinking areas 3. Can boat docks count towards meeting required parking spaces, if the docks are not leased or used for any other purpose? Yes, Credit for boat slip parking is allowed where the slips have all necessary permits and are located on navigable waterways, using the formula 1 boat slip = 1 vehicle space, provided that each and all boat slips credited shall not be leased or rented for boat storage or utilized for any purpose other than customers frequenting said restaurant. The information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov Zoning Verification Letter ZLTR-PL20200001955 Page 2 of 2 concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.0LA and 10.02.02.F. I of that Code. The fee for an Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact Kathleen VanSickle with the GMD Records Section at (239)252-2536. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Court's website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Disclaimer: Issuance of a development permit by the County does not create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Should you require additional information, please do not hesitate to call my office at (239) 252-2471. Researched and prepared by: Reviewed by: Parker Klopf, Planner Zoning Services Section o Zoning Division • 2800 North Horseshoe Drive • Naples, Raymond Bellows, Zoning Manager Zoning Services Section FL 34104 • 239-252-2400 • www.colliercountyfl.gov Collier County Property Appraiser Property Aerial Site 320 CAPRI Site Zone Parcel No 52502720001 Address IBLVD Site City NAPLES *Note 34113 *Disclaimer Open GIS in a New Window with More Features. Collier County Property Appraiser Property Summary Site 300 CAPRI Site Zone Parcel No 52502960007 Address BLVD I Site City NAPLES *Note 34113 *Disclaimer Map No. Strap No. Section Township Range Acres *Estimated 61332 427300 54561332 32 51 26 0.25 Legal I ISLES OF CAPRI BUSINESS SECT LOTS 545 + 546 OR 1538 PG 205 Milla a Area o 91 Milla a Rates v *Calculations Sub./Condo 427300 - ISLES OF CAPRI BUSINESS SEC School I Other Total Use Code O 10 - VACANT COMMERCIAL 5.016 16.2924 11.3084 Latest Sales History (Net all Sales are listed due to Cnnfidentiality) Date Book -Page Amount 05/08/17 5391-3425 $ 2,900,000 06/20/90 1538-205 $ 160,000 07/01/89 1454-2126 $ 73,500 04/01/87 1258-2022 $ 60,000 08/01/79 826-777 $ 0 2020 Certified Tax Roll (Subject to Change) Land Value $ 324,600 +) Improved Value $ 0 (_) Market Value $ 324,600 (-) 10% Cap $ 62,756 (_) Assessed Value $ 261,844 (_) School Taxable Value $ 324,600 Taxable Value $ 261,844 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site 300 CAPRI Site Zone Parcel No 52502960007 Address BLVD Site City I NAPLES *Note 34113 *Disclaimer Open GIS in a New Window with More Features. Collier County Property Appraiser Property Summary Site Site Zone Parcel No 52503000005 Address Site City NAPLES *Note 34113 *Disclaimer Map No. Strap No. Section Township Range Acres *Estimated 6B32 427300 5476B32 32 51 26 0.16 Legal I ISLES OF CAPRI BUSINESS SECT LOT 547 OR 1552 PG 901 Milla a Area o 91 Milla a Rates v *Calculations Sub./Condo 427300 - ISLES OF CAPRI BUSINESS SEC School I Other Total Use Code O 0 - VACANT RESIDENTIAL 5.016 16.2924 11.3084 Latest Sales History (Net all Sales are listed due to Cnnfidentiality) Date Book -Page Amount 05/08/17 5391-3425 $ 2,900,000 08/20/90 1552-901 $ 150,000 05/01/81 1 920-322 1 $ 0 04/01/70 1 349-65 1 $ 0 2020 Certified Tax Roll (Subject to Change) Land Value $ 212,100 +) Improved Value $ 0 (_) Market Value $ 212,100 (-) 10% Cap $ 41,006 (_) Assessed Value $ 171,094 (_) School Taxable Value $ 212,100 Taxable Value $ 171,094 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 52503000005 Address Site City NAPLES *Note 34113 *Disclaimer Open GIS in a New Window with More Features. Collier County Property Appraiser Property Summary Site Site Zone Parcel No 52503040007 Address Site City NAPLES *Note 34113 *Disclaimer Map No. Strap No. Section Township Range Acres *Estimated 6B32 427300 5486B32 32 51 26 0.16 Legal I ISLES OF CAPRI BUSINESS SECT LOT 548 OR 1552 PG 901 Milla a Area o 91 Milla a Rates v *Calculations Sub./Condo 427300 - ISLES OF CAPRI BUSINESS SEC School I Other Total Use Code O 0 - VACANT RESIDENTIAL 5.016 16.2924 11.3084 Latest Sales History (Net all Sales are listed due to Cnnfidentiality) Date Book -Page Amount 05/08/17 5391-3425 $ 2,900,000 08/20/90 1552-901 $ 150,000 04/01/70 349-65 $ 0 2020 Certified Tax Roll (Subject to Change) Land Value $ 212,100 +) Improved Value $ 0 (_) Market Value $ 212,100 (-) 10% Cap $ 41,006 (_) Assessed Value $ 171,094 (_) School Taxable Value $ 212,100 Taxable Value $ 171,094 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 52503040007 Address Site City NAPLES *Note 34113 *Disclaimer Open GIS in a New Window with More Features. Collier County Property Appraiser Property Summary Site 322 CAPRI Site Zone Parcel No 52502680002 Address BLVD I Site City NAPLES *Note 34113 *Disclaimer Map No. Strap No. Section Township Range Acres *Estimated 61332 427300 53761332 32 51 26 0.33 Legal I ISLES OF CAPRI BUSINESS SECT LOT 537 Milla a Area o 91 Milla a Rates v *Calculations Sub./Condo 427300 - ISLES OF CAPRI BUSINESS SEC School I Other Total Use Code O 11 - STORES, ONE STORY 5.016 16.2924 11.3084 Latest Sales History (Net all Sales are listed due to Cnnfidentiality) Date Book -Page Amount 03/17/17 5374-828 $ 800,000 05/01/15 5159-282 $ 400,000 08/31/09 4492-2858 $ 450,000 07/08/09 4474-1437 $ 100 04/20/05 3779-2149 $ 770,000 10/27/99 2605-2304 $ 365,000 09/06/95 2096-1189 $ 0 05/24/95 2062-138 $ 70,000 09/26/94 1988-1299 $ 100,000 08/05/93 1 1853-69 1 $ 392,900 2020 Certified Tax Roll (Subject to Change) Land Value $ 463,125 (+) Improved Value $ 136,252 (_) Market Value $ 599,377 (-) 10% Cap $ 85,990 (_) Assessed Value $ 513,387 (_) School Taxable Value $ 599,377 Taxable Value $ 513,387 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site 322 CAPRI Site Zone Parcel No 52502680002 Address 1131LVDSite City NAPLES *Note 34113 *Disclaimer Open GIS in a New Window with More Features. Collier County Property Appraiser Property Summary Site 218 KON Site Zone Parcel No 52502560009 Address TIKI DR I Site City NAPLES *Note 34113 *Disclaimer Map No. Strap No. Section Township Range Acres *Estimated 61332 427300 53161332 32 51 26 1.14 ISLES OF CAPRI BUSINESS SECT LOTS 530 THRU 536 & 540 THRU 544 & THAT PORTION OF KON TIKI DR VACATED IN OR 432 PG 566 566 Millage Area v 91 Sub./Condo 427300 - ISLES OF CAPRI Use Code O 111 - STORES, ONE STORY Latest Sales History Not all Sales are listed due to Confidentiality) Date Book -Page Amount 03/17/17 5391-3447 $ 0 03/16/17 5374-824 $ 0 03/17/17 5374-822 $ 2,300,000 11/09/98 2479-1030 $ 874,000 02/01/72 435-602 $ 0 BUSINESS SEC Millage Rates o *Calculations School Other Total 5.016 6.2924 11.3084 2020 Certified Tax Roll (Subiect to Change) Land Value $ 1,656,908 +� Improved Value $ 180,508 (_) Market Value $ 1,837,416 (-) 10% Cap $ 238,900 (_) Assessed Value $ 1,598,516 (_) School Taxable Value $ 1,837,416 (_) Taxable Value $ 1,598,516 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site 218 KON Site Zone Parcel No 52502560009 Address TIKI DR Site City NAPLES *Note 34113 *Disclaimer Open GIS in a New Window with More Features. Collier County Property Appraiser Property Summary Site Site Zone Parcel No 52501480009 Address Site City NAPLES *Note 34113 *Disclaimer Map No. Strap No. Section Township Range Acres *Estimated 6B32 427300 4866B32 32 51 26 0.34 Legal I ISLES OF CAPRI BUSINESS SECT LOT 486 OR 1541 PG 1218 Milla a Area o 91 Milla a Rates v *Calculations Sub./Condo 427300 - ISLES OF CAPRI BUSINESS SEC School I Other Total Use Code O 10 - VACANT COMMERCIAL 5.016 16.2924 11.3084 Latest Sales History (Net all Sales are listed due to Cnnfidentiality) Date Book -Page Amount 05/08/17 5391-3425 $ 2,900,000 07/02/90 1541-1218 $ 52,000 02/01/8 1 854-1252 1 $ 0 04/01/77 1 685-474 1 $ 24,000 2020 Certified Tax Roll (Subject to Change) Land Value $ 375,000 +) Improved Value $ 0 (_) Market Value $ 375,000 (-) 10% Cap $ 102,750 (_) Assessed Value $ 272,250 (_) School Taxable Value $ 375,000 (_) Taxable Value $ 272,250 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 52501480009 Address Site City NAPLES *Note 34113 *Disclaimer Open GIS in a New Window with More Features. Collier County Property Appraiser Property Summary Site Site Zone Parcel No 52501440007 Address Site City NAPLES *Note 34113 *Disclaimer Map No. Strap No. Section Township Range Acres *Estimated 6B32 427300 4856B32 32 51 26 0.34 Legal I ISLES OF CAPRI BUSINESS SECT LOT 485 OR 1541 PG 1216 Milla a Area o 91 Milla a Rates v *Calculations Sub./Condo 427300 - ISLES OF CAPRI BUSINESS SEC School I Other Total Use Code O 10 - VACANT COMMERCIAL 5.016 16.2924 11.3084 Latest Sales History (Net all Sales are listed due to Cnnfidentiality) Date Book -Page Amount 05/08/17 5391-3425 $ 2,900,000 07/11/14 5057-170 $ 0 07/02/90 1 1541-1216 1 $ 52,000 07/01/81 928-1410 $ 0 02/01/80 854-1254 $ 42,500 2020 Certified Tax Roll (Subject to Change) Land Value $ 375,000 +) Improved Value $ 0 (_) Market Value $ 375,000 (-) 10% Cap $ 102,750 (_) Assessed Value $ 272,250 (_) School Taxable Value $ 375,000 (_) Taxable Value $ 272,250 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 52501440007 Address Site City NAPLES I *Note 34113 *Disclaimer Open GIS in a New Window with More Features. Collier County Property Appraiser Property Summary Site 320 CAPRI Site Zone Parcel No 52502720001 Address BLVD I Site City NAPLES *Note 34113 *Disclaimer Map No. Strap No. Section Township Range Acres *Estimated 61332 427300 53861332 32 51 26 0.17 Legal I ISLES OF CAPRI BUSINESS SECT LOT 538 + 539 Milla a Area o 91 Milla a Rates v *Calculations Sub./Condo 427300 - ISLES OF CAPRI BUSINESS SEC School I Other Total Use Code O 12 - MIXED USE (STORE AND RESIDENT) 5.016 16.2924 11.3084 Latest Sales History (Net all Sales are listed due to Cnnfidentiality) Date Book -Page Amount 03/17/17 5374-825 $ 500,000 05/21/08 4362-3832 $ 400,000 02/07/05 3729-556 $ 495,000 04/05/01 2802-1086 $ 285,000 02/01/88 1327-139 $ 136,500 03/01/78 737-1850 $ 0 2020 Certified Tax Roll (Subject to Change) Land Value $ 217,500 (+) Improved Value $ 171,779 (_) Market Value $ 389,279 (-) 10% Cap $ 26,778 (_) Assessed Value $ 362,501 (_) School Taxable Value $ 389,279 (_) Taxable Value $ 362,501 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 12/16/2019 Print Map } r ; ` u��G`_ Jr. dd 1 •-r i A' 13 FPS• ' • r � � , + r R _ _ •�� may. &feet '� r 4 f Platceh ## Aer lal{ r Aei lah r ,r j—j god l ler X } O it { IMP maps. col I ierappraiser.com/mappri nt.aspx?pagetitle=&orient=LANDSCAPE&paper=LETTER&m inX=418200.211940472&mi nY=600296.736746015&maxX=418920.873997205&maxY=600873.26639140... 1 /2 c� a� O O a> � _U I) m O cn O O N m m U L L O m U L ^O O LL U) U I) ,& C O — O M O O _0) m U N L Q N U i O ::3 O _U U) 2 O O L 0 � O U ly- w F— O C:) CV O CV 0 M CD z_ z O N z 'O V! mow/ w r� Q J z M NO. NAME 1 ISLES OF CAPRI NO.3 2 ISLES OF CAPRI BUSINESS DISTRICT 3 4 5 6 7 6 9 10 Wq I ol KIIIIKTA l*W wMelY-11a9 G\rLTA 1:1.r1EGIVIAVWTIVA SUBDIVISON INDEX P.B. Pg. NO. NAME 3 66 11 3 52 12 13 14 15 16 17 18 19 29 P.B. Pg. 1629S 1632S u THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE OFFICIAL ZONING ATLAS REFERRED TO AND ADOPTED BY REFERENCE BY ORDINANCE NO. 04-41 OF THE COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004, AS AMENDED BY THE ZONING NOTES AND SUBDIVISION INDEX REFERENCED HEREON. ATTEST CHAIRMAN CLERK z co M M COLLIER COUNTY, FLORIDA COMMUNITY DEVELOPMENT DIVISION TWP 51S RNG 26E SEC(S) 32 NO 1/2 N SCALE 0 400 MAP NUMBER: 1632N PLAT 500K . PAGE 5-c'' ISLES OF CAPRI E>U51NE55 5ECTION M A R C O, COLLIER COUNTY .FLORID A DEDICATION K N 0 w ALL MEN 5_y TWE51- P21;5E.NT5, T14A7 LOACH INC. A COQPOI2A_rION U NOER. TIDE LAWS OF THE 5TATE OF FLOQIOA , 15 THE OWNER IN FEE. SIMPLE OF THE. P120PE2T`( 14612EO N VE5cR 1 5ED , AND HAS . CAUSED SAID LANDS TO 5E SUBDIV 1 DED AND PLATTED IN THE. MANNEtZ AS SHOWN NEgEON, AND TO 6E KNOWN AS"15LES OF CAP121 bUSINE.55 ,SECTION." ALL 5T2EETS , WATE.RWAY5 AND PARKS 514OWN OH 5 A I D PLAT AQF- HE.12Ef3Y DEDICATED TO THE PERPETUAL USE OF THE PUBLIC. IN WITNES5 WNEIQEOF I HEREUNTO SET MY HAND AND 5EAL THIS '25TH. DAY OF OGT0&EP_, A.D. I�SCo. L.L.I.OACI-1 , P2ES. LOACH, INC. Siiawl , -6 . & =_ WITNESS kwo_t_� ITN E.S5 T AC K N OW LEDGEMENT 5TAT E OF FLO21 DA SS c_OLINTY OF BQOWAP-V 1 AEC ssy C•E2TI FY THAT ON TN I5 DAY PERSONALLY APPEARED 6EF012-E ME, L.L. LOACH,TO ME WELL KNOWN TO 5E THE PQI~51DENT OF LOACH, INC-, AND TO I3E THE PE.250N DESCRIBED 1N AND WHO EXECUTED THE FOt2E.GOING PLAT AND IN5TlZU MF_NT OF DEDICATION AND ACKNOWLEDGED THE EXECUTION THE.2EOF TO BE H15 FIZE.E. ACT AND DEED AS SUCH OFFICER, AND THAT AP- AFFIXED THERETO THE OFFICIAL SEAL OF SAID CO2PO2ATION , AND THAT THE INSTRUMENT I$ THE. FIZES ACT AND DEED OF 5A1D COtZPOQATIO N. WITNES5 MY 51C=NATUI2E AND OFFICIAL. SEAL AT 14OLL.YW000, 6QOWARD COUNTY, FLO(ZIDA, T141-5 25TH. DAY OF OLT05E2, A,-D. )95Co. ` (5� MY GOH M ISSION EXPI RES • DEG. I2, 1JS$ - lr� DE5CIbZ I PT I ON ALL OF GOVERNMENT LOT 7, ul IN 5ECTION 32, T'OWN5141 P 51 SSOUT H, in IZANGE. ?-& EAST, 1NCLUDIN4G ALL LANDS 0 o' ^' ACIZ.UED SY ACCRETION• C. N 2 ° -o w Ids � � O jl 0�j"Z v 9.80,, TWP. 51 54• F 52 50. J ® � .JINN rA a_ tK �� 40 0 0 e­7 >_ rrI �1� Rj cv Vt "Tim1 �v P VALCATroN OF K®AJ opI'vE 8lr'r t 6'CA1 L o T'•S 52 7 TNeC! S322 04 q32 PAr-E 546-9 l-d-%1/ 7/ .6 -4 r COUNTY COMM I S51ON THIS PLAT WAS APPIZOVEO AND ACCEPTED FOfZ RECORD 13`{ TN£ 50APIP OF COUNTY COMM15510NEIZ5 OF COLLIER. COUNTY , FLORIDA, TH15 DAY OF , A.D. ID5G. A P P IZ 0 V E D- C A1QMAN ATTEST _ i ti-: CLEIZK OF CI CUIT;. COUtLT BY' —DE PUT`( CLRQ K CS�AL) APPV0V6 D . WH.TUR`NLIZ- COUNT( ENG12. STATE 7-E6I5T'tZY NO. 3033 CIRCUIT COURT CLERK FILED F/P Q RECORD THIS DA`( OF v-) A.D. 195G, I PLAT [BOOK '5 PAGE J ? , OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLOQI DA. TN15 PLAT COMPLIES WITH THE PIZO141510N5 OF CHAPTER 102-75 0N0.253) LAW5 OF THE STATE OF FLOQ 1 D A. ATTEST:—- �G�7_-- — CLE12 OF C12CUlT COURT by, -_ DEPUTY CLERK to SURVEYOR'S CERTIFICATE 1, MAU21tEE, E. 8F_21ZY, HE2EBY CEQTIFY THAT I HAVE MADE A TZSCENT SUCZVEY OF THE HEREON DE.5CIZ15E.D LANDS AS INDICATED, TWAT PE.IZMA- NENT tZEFE2I=N CE MON U MEHTS (PRM) WERE 5ET AT LOCATIONS 514OWN ON ATTACHED PLAT , AND THAT 5AI D PLAT 15 TRUE AND C0129-ECT TO THE SE.ST OF MY KNOWLEDGE AND BELIEF. DATED 1N HOLLYWOOD, 51Z0WAQD COUNTY , FLO21 DA , TH15 ZA TH . DAY OF OCTOe,E.Q , A.D. 195G- MAUQICE E. QRY f1'� FLOQI A LAND 5U VF_YOQ N0.3i1 ` HOLLYWOOD AND NAPLE5 9. NOTES O = PERMANENT QE.FERENCE MONUMENT. ------ = G FOOT 5EWElR EASEMENT ON LOT WHEY-S 514OWN T1.1U5. .S G A L_ E 100 90 o tao ZOo 3o $ 400 SCALE I°� 1C0' e UNITED STATES DEPARTMENT OF LABOR OSHA (Q SEARCH OSHA OSHA v STANDARDS v TOPICS v HELP AND RESOURCES V Contact Us FAQ A to Z Index English Espanol Description for 5812: Eating Places Division G: Retail Trade I Major Group 58: Eating And Drinking Places Industry Group 581: Eating And Drinking Places 5812 Eating Places Establishments primarily engaged in the retail sale of prepared food and drinks for on -premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. ■ Automats (eating places) • Beaneries • Box lunch stands ■ Buffets (eating places) • Cafes • Cafeterias ■ Carry -out restaurants • Caterers • Coffee shops ■ Commissary restaurants ■ Concession stands, prepared food (e.g., in airports and sports arenas) • Contract feeding • Dairy bars ■ Diners (eating places) • Dining rooms • Dinner theaters • Drive-in restaurants • Fast food restaurants • Food bars ■ Food service, institutional ■ Frozen custard stands • Grills (eating places) • Hamburger stands ■ Hot dog (frankfurter) stands • Ice cream stands • Industrial feeding ■ Lunch bars • Lunch counters • Luncheonettes • Lunchrooms • Oyster bars • Pizza parlors • Pizzerias ■ Refreshment stands • Restaurants • Restaurants, carry -out • Restaurants, fast food ■ Sandwich bars or shops ■ Snack shops • Soda fountains • Soft drink stands ■ Submarine sandwich shops • Tea rooms • Theaters, dinner UNITED STATES DEPARTMENT OF LABOR Occupational Safety and Health Administration 200 Constitution Ave NW Washington, DC 20210 t, 800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance D i s a ste rAss i sta n ce. g ov USA.gov No Fear Act Data U.S. Office of Special Counsel SIC Search Division Structure Major Group Structure OCCUPATIONAL SAFETY AND HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act Read the OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THE SITE Freedom of Information Act Privacy & Security Statement Disclaimers Important Website Notices Plug -Ins Used by DOL Accessibility Statement 0 UNITED STATES DEPARTMENT OF LABOR OSHA (Q SEARCH OSHA OSHA v STANDARDS v TOPICS v HELP AND RESOURCES V Contact Us FAQ A to Z Index English Espanol Description for 5813: Drinking Places (alcoholic Beverages) Division G: Retail Trade I Major Group 58: Eating And Drinking Places Industry Group 581: Eating And Drinking Places 5813 Drinking Places (alcoholic Beverages) Establishments primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the premises. The sale of food frequently accounts for a substantial portion of the receipts of these establishments. ■ Bars (alcoholic beverage drinking places) • Beer gardens (drinking places) • Beer parlors (tap rooms) ■ Beer taverns • Beer, wine, and liquors: sale for on -premise consumption • Bottle clubs (drinking places) ■ Cabarets • Cocktail lounges • Discotheques, alcoholic beverage ■ Drinking places, alcoholic beverages ■ Night clubs • Saloons (drinking places) • Tap rooms (drinking places) ■ Taverns (drinking places) • Wine bars SIC Search Division Structure Major Group Structure UNITED STATES DEPARTMENT OF LABOR Occupational Safety and Health Administration 200 Constitution Ave NW Washington, DC 20210 t- 800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT OCCUPATIONAL SAFETY AND HEALTH ABOUT THE SITE 2.03.03 - Commercial Zoning Districts C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets . Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers . This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services, indoor (7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 5. Animal specialty services, except veterinary (0752, excluding outside kenneling ). 6. Apparel and accessory stores (5611-5699) with 5,000 square feet or less of gross floor area in the principal structure . 7. Architectural services (8712). 8. Auditing (8721). 9. Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area in the principal structure . 10. Automobile Parking, automobile parking garages and parking structures (7521 — shall not be construed to permit the activity of "tow -in parking lots"). 11. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 12. Banks, credit unions and trusts (6011-6099). 13. Barber shops (7241, except for barber schools). 14. Beauty shops (7231, except for beauty schools). 15. Bookkeeping services (8721). 16. Business associations (8611). 17. Business consulting services (8748). 18. Business credit institutions (6153-6159). 19. Business services - miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -telephone, drive -away automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 20. Child day care services (8351). 21. Churches . 22. Civic, social and fraternal associations (8641). 23. Commercial art and graphic design (7336). 24. Commercial photography (7335). 25. Computer and computer software stores (5734) with 5,000 square feet or less of gross floor area in the principal structure . 26. Computer programming, data processing and other services (7371-7379). 27. Credit reporting services (7323). 28. Direct mail advertising services (7331). 29. Drycleaning plants (7216, nonindustrial drycleaning only). 30. Drug stores (5912). 31. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure . All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to locational requirements of section 5.05.01. 32. Educational plants and public schools subject to LDC section 5.05.14. 33. Engineering services (8711). 34. Essential services , subject to section 2.01.03. 35. Federal and federally -sponsored credit agencies (6111). 36. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure . 37. Funeral services (7261, except crematories). 38. Garment pressing, and agents for laundries and drycleaners (7212). 39. Gasoline service stations (5541, subject to section 5.05.05). 40. General merchandise stores (5331-5399) with 5,000 square feet or less of gross floor area in the principal structure . 41. Glass stores (5231) with 5,000 square feet or less of gross floor area in the principal structure . 42. Group care facilities (category I and 11, except for homeless shelters); care units , except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 5.05.04. 43. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure . 44. Health services, offices and clinics (8011-8049). 45. Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure . 46. Home health care services (8082). 47. Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure . 48. Insurance carriers, agents and brokers (6311-6399, 6411). 49. Labor unions (8631). 50. Landscape architects, consulting and planning (0781). 51. Laundries and drycleaning, coin operated - self service (7215). 52. Laundries, family and commercial (7211). 53. Legal services (8111). 54. Libraries (8231). 55. Loan brokers (6163). 56. Management services (8741 and 8742). 57. Marinas (4493), subject to section 5.05.02. 58. Membership organizations, miscellaneous (8699). 59. Mortgage bankers and loan correspondents (6162). 60. Museums and art galleries (8412). 61. Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in the principal structure . 62. Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure . 63. Personal credit institutions (6141). 64. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure. 65. Personnel supply services (7361 and 7363). 66. Photocopying and duplicating services (7334). 67. Photofinishing laboratories (7384). 68. Photographic studios, portrait (7221). 69. Physical fitness facilities (7991; 7911, except discotheques). 70. Political organizations (8651). 71. Professional membership organizations (8621). 72. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 73. Public relations services (8743). 74. Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure . 75. Radio, television and publishers advertising representatives (7313). 76. Real Estate (6531-6552). 77. Record and prerecorded tape stores (5735) with 5,000 square feet or less of gross floor area in the principal structure . 78. Religious organizations (8661). 79. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 80. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure . 81. Retail services - miscellaneous (5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor area in the principal structure . 82. Secretarial and court reporting services (7338). 83. Security and commodity brokers, dealer, exchanges and services (6211-6289). 84. Shoe repair shops and shoeshine parlors (7251). 85. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 86. Surveying services (8713). 87. Tax return preparation services (7291). 88. Travel agencies (4724, no other transportation services). 89. United State Postal Service (4311, except major distribution center). 90. Veterinary services (0742, excluding outdoor kenneling ). 91. Videotape rental (7841) with 5,000 square feet or less of gross floor area in the principal structure . 92. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure . 93. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 94. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. 95. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 96. Any other commercial or professional use which is comparable in nature with the (C- 1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. 97. An existing lawful structure over 5,000 sq. ft. as of July 14, 2014 may be occupied by any C-3 permitted use with a 5,000 sq. ft. or greater limitation. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-3 district. 2. Caretaker's residence, subject to section 5.03.05. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. C. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in sections 4.02.02 and 10.08.00. 1. Amusements and recreation services, outdoor (7999 - boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary plants . 3. Automotive vehicle dealers (5511, limited to automobile agencies (dealers) -retail and only new vehicles). In addition to the Planning Commission's Findings, its recommendation shall include, but not be limited to, the following considerations for the conditional use request: a. Controls on outdoor paging or amplified systems used as part of the daily operations. b. Location of enclosed service areas, with exception for entry/exit doors. c. The number of service bays. d. Operation hours. e. Adequacy of buffer(s) . f. Location of gasoline storage and/or fueling tanks. g. Means of delivery of automobiles. 4. Bowling centers (7933). 5. Coin operated amusement devices (7993). 6. Courts (9211). 7. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on -premise consumption are subject to the locational requirements of section 5.05.01. 8. Educational services (8221 and 8222). 9. Fire protection (9224). 10. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499). 11. Health services (8071, 8092, and 8099). 12. Homeless shelters. 13. Hospitals (groups 8062-8069). 14. Legal counsel and prosecution (9222). 15. Medical equipment rental and leasing (7352). 16. Membership sports and recreational clubs indoor only (7997). 17. Mixed residential and commercial uses, subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; v. Residential and commercial uses do not occupy the same floor of a building ; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two stories ; viii. Each residential dwelling unit shall contain the following minimum floor areas efficiency and one -bedroom, 450 square feet; two -bedroom, 650 square feet; three -bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; X. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space . The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 18. Motion picture theaters, (7832 - except drive-in). 19. Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure . 20. Permitted personal services, video rental or retail uses (excluding drug stores - 5912) with more than 5,000 square feet of gross floor area in the principal structure . 21. Permitted use with less than 700 square feet gross floor area in the principal structure . 22. Public order and safety (9229). 23. Social services (8322 - other than those permitted, 8331-8399) 24. Soup kitchens. 25. Theatrical producers and miscellaneous theatrical services (7922 - community theaters only). 26. Vocational schools (8243-8299). 27. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00. 10/20/2020 4.05.04 - Parking Space Requirements Collier County, FL Land Development Code A. Requirements for off-street parking for uses not specifically mentioned in this section shall be the same as for the use most similar to the one sought, or as otherwise determined by the County Manager or designee pursuant to 4.05.04 of this LDC it being the intent of this LDC to require all uses to provide off- street parking, unless specific provision is made to the contrary. For projects subject to architectural design standards, see LDC section 5.05.08 F. for related provisions. B. Measurement. Where this LDC requires off-street parking based on various types of measurements, the following rules shall apply: 1. Floor area means, for the purposes of this section only, the gross floor area inside the exterior walls, unless otherwise specifically indicated. 2. In hospitals, bassinets do not count as beds. 3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such seating facilities count as one (1) seat. 4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the building or structure is occupied, then the amount of off-street parking provided must be increased in ratio to the increase of the number of employees. 5. When units of measurements determining number of required off-street parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one-half ('h) shall require a full off-street parking space. C. Developers of commercial projects located within commercial zoning districts, business park districts, or a commercial component of a PUD zoning district, which require a minimum of eighty (80) parking spaces, providing paved off-street surface parking in excess of 120 percent of the requirements of this LDC shall request a variance in accordance with Chapter 9. The developer shall be required to provide double the landscaping required in interior vehicular use areas, as required by section 4.06.00 for those projects requesting such a variance. D. Required off-street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right-of-way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. 1. Residential off-street parking. Driveways must be at least 23 feet in length, measured from the back of the sidewalk to the garage, to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side -loaded there must be at least a 23-foot paved area on a perpendicular line to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic by providing equivalent space. E. Required off-street parking according to the requirements of this Code 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 of this Code. F. Minimum requirement. 1/14 10/20/2020 Collier County, FL Land Development Code 1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or otl business shall be provided with at least one (1) off-street parking space, unless specific provision is mad contrary. 2. Existing facilities with fuel pumps that meet the off-street parking requirements of LDC section 4.05.04 G. may remove one required off-street parking space to accommodate the installation of a permanent emergency generator and related fuel storage and screening. 3. Existing assisted living facilities or nursing homes that are subject to LDC section 5.05.04 E. and that meet the required off-street parking requirements of LDC section 4.05.04 G., may remove up to ten (10) off-street parking spaces to accommodate the installation of a permanent emergency generator and related fuel storage and screening. 4. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. G. Spaces required. Table 17. Parking Space Requirements. Airport (civil aviation) 1 1 per 600 annual enplaned passengers. Airport (general aviation) 1 1 per each aircraft tied own/storage/ma intenance area. Art gallery or museum 1 per 300 square feet of floor area open to the general public. Archery fields Athletic fields 1 per 1.5 target practice stalls 25 spaces for each athletic field (baseball, softball, football, soccer, etc.). The County Manager, or his designee, may administratively reduce this requirement where the applicant can demonstrate a reduced need for the required parking due to the type of athletic facility or where shared parking may be provided on adjacent public property. Grassed parking may be permitted for not more than 50 percent of the provided parking. 2/14 10/20/2020 Collier County, FL Land Development Code Auto maintenance center (drive- 1 per 250 square feet. Stacking for 5 vehicles for the first through) bay and 2 for each additional bay. Auto service station 3.5 per service bay or 1 per 250 square feet, whichever is greater. Auto/truck/trailer leasing 1 per 500 square feet of roofed building area plus 1 per 2,000 square feet of paved outdoor vehicle storage area. These spaces shall not be used for the parking of rental vehicles. Auto/truck/boat/motorcycle/ 3.5 per service bay or 1 per 250 square feet, whichever is recreational vehicle repair or body shop greater. Auto/truck/boat/motorcycle/recreational vehicle sales or dealership Auto/truck washing Bank or financial institution Barbershop/beauty parlor/hair salon 1 per 400 square feet of building area except service/body shop buildings which are 3.5 per service bay or 1 per 250 square feet, whichever is greater; plus 1 per 2,000 square feet of outdoor sales/display area. 1 for self-service wash facilities and 1 per employee of the largest shift for automatic wash facilities. Stacking for 2 vehicles per stall for self-service wash bays and stacking for 5 vehicles per automatic carwash lane. 1 per 250 square feet on the first floor and 1 per 300 square feet on any other floors. Stacking for four vehicles for each drive -up window not to exceed a total requirement of 15 vehicles exclusive of automated deposit lanes which require no stacking. 1 per 200 square feet or 3 per barber/beautician haircutting chair, whichever is greater, and 1.5 per station or booth for nails, massages, facials, sun tanning, etc. Beverage center (drive -through) 1 1 per 250 square feet. Stacking for 5 vehicles for the first drive -through aisle and 2 for each additional aisle. 3/14 10/20/2020 Collier County, FL Land Development Code Boat ramp Minimum 10 spaces per ramp with dimensions of 10 feet wide by 40 feet long. Vehicular parking shall be provided at 4 spaces per ramp. (Only for dry storage on a site that has no water access Boat storage for boats and those not associated with a self-service storage facility), 1 per 12 dry boat storage spaces. 1 per 500 square feet of building area. Office area shall Bottling establishment be calculated at 1 per 275 square feet. Bowling alley 1 per 200 square feet for bowling area which also includes parking for locker room area, bowlers' seating/approach area and storage area plus 1 per 150 square feet for all other uses including offices, snack bars, lounges, game/pool rooms, and sales areas. Building supplies/lumberyard (Only for retail sales where the supplies are primarily stored outside), 1 per 275 square feet of inside retail/office area plus 1 per 1,500 square feet of enclosed or roofed storage structures. Catering shop 1 1 per 500 square feet. Sales and display areas shall be Child care/day nursery/adult day care center L computed at 1 per 250 square feet and office area shall be computed at 1 per 300 square feet. 1 per employee of the largest work shift plus 1 space for every 10 children/adults. In addition, adequate drop off and pickup areas shall be provided. 4/14 10/20/2020 Collier County, FL Land Development Code Church/house of worship/temple/synagogue Coin -operated (laundry, self-service) Commercial laundry Convenience store/ delicatessen/ takeout prepared food store Dance, art, music studio Dry cleaning Equipment rental store Flea market Funeral home/crematories 3 for each 7 seats in chapel or assembly area. Other uses are not counted except for residential uses. A reduction of this standard to a minimum of 1 space for each 4 seats, may be applied for in conjunction with an application for a site development plan, through the board of zoning appeals after review and recommendation of the planning commission. This reduction will only be allowed for expansion created by congregational growth, for existing church buildings where the applicant can demonstrate a significant hardship exists. A stacked or other parking plan shall be submitted with the application which will demonstrate that the vehicle parking will not have negative impacts upon neighboring properties and will provide adequate access for emergency vehicles. 1 per each 2 washing machines. 1 per 500 square feet of building area. 1 per 200 square feet plus 1 for each 2 seats provided for food patrons. 1 per 250 square feet. 1 per 300 square feet. 1 per 500 square feet plus 1 per 2,000 square feet of outside storage/display areas. 1 per 50 square feet of sales area or 1 per vendor display booth, whichever is greater. 1 per 75 square feet for room used for services and chapels and 1 per 300 square feet for all other uses. 5/14 10/20/2020 Collier County, FL Land Development Code Furniture/carpet/major appliance store 1 1 per 600 square feet (this includes retail, office and Golf course Golf driving range Golf (miniature) Heliport, helipad, ultralight flight park Hospital Hotel Industrial use/activity manufacturing/processing (not otherwise listed) storage areas). 4 per hole plus 1 per 200 square feet for office/lobby/pro shop/health club/clubhouse/lounge/snack bar/dining/meeting room areas and 50 percent of normal requirements for exterior recreation uses including: swimming pools, golf driving ranges and tennis courts. Golf cart, golf bag and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed at 1 per 1,000 square feet. 1 per 2 driving tees and 1 per practice putting green plus normal requirements for any structures. 1.25 per hole plus normal requirements for any structures. 1 per 2 helicopter tie down/storage/service areas plus 1 per 5 ultralight tie down/storage/service areas plus 1 per employee at largest work shift. 11 per 5 patient beds. 11 per 10 guestrooms (this includes the required parking for the hotel office and all accessory recreational facilities that are open to hotel guests only). Accessory uses shall be computed as follows: 50 percent of normal requirements for restaurants, 1 per 400 square feet for other retail uses, 1 per 100 square feet for meeting rooms, ballrooms and convention rooms and 1 per 100 square feet for lounges, bars and nightclubs. 1 per 500 square feet or 1 per employee of largest work shift, whichever is greater. Office/retail areas shall be computed at 1 per 275 square feet. 6/14 10/20/2020 Collier County, FL Land Development Code Interior decorator/design center 1 1 per 300 square feet of building area. Junkyard, salvage yard 1 1 per 500 square feet of roofed area plus 1 per 15,000 square feet of outside storage area. Kennel/veterinarian 1 1 per 200 square feet except for animal holding areas. 1 per 10 animal holding areas. Landfill 12 per employee of largest [work] shift. Library, community recreational facility 1 1 for each 200 square feet or 1 for each 3 seats, Lounge, bar, bottleclub, nightclub, pool hall (drinking establishment) Marina, boatel Medical/dental office or clinic (outpatient care facility) whichever is greater. 1 per 50 square feet plus 1 per 75 square feet for any outdoor eating/drinking areas. 1 per 2 wet boat slips excluding those used for charter boats plus 1 per 5 dry boat storage spaces. Wet slips used for charter boats (including those for fishing, shelling, diving, and sightseeing purposes) are computed at 1 per 3 boat passengers based on the maximum number of passengers and charter boats used for dining are computed at 1 per 2 boat passengers based on the maximum number of passengers. Each parking space provided to meet the marina's boat slip or dry storage parking requirements may also be credited towards meeting 100 square feet of the parking requirements for the marina or any permitted marina -related activities excluding restaurants, lounges/bars and private clubs. Uses not receiving credit from parking provided for boat slips or dry storage spaces shall provide parking at the normal rate for those uses as required within this LDC. 1 per 200 square feet. Model home sales office/center 1 4 for the first unit and 1.5 for each additional unit. 7/14 10/20/2020 Collier County, FL Land Development Code Motel Nursery, plant (retail) Nursery, plant (wholesale) Office 12 per 10 guestrooms (this includes the required parking for the motel office and all accessory recreational facilities designed primarily for motel guests). Where accessory uses are designed primarily for motel guests, they shall be computed as follows: 67 percent of normal requirements for restaurants, 1 per 350 square feet for other retail uses, 1 per 100 square feet for meeting rooms, ballrooms and convention rooms and 1 per 75 square feet for lounges, bars and nightclubs. 1 per 250 square feet of roofed and enclosed building area plus 1 per 2,000 square feet of outside display area open to the public. 1 per employee of largest work shift plus 1 per 10,000 square feet of display area and 1 per acre of growing areas. 1 per 300 square feet. Office (contractor's) 1 1 per 300 square feet per [of] office area and 1 per 1,000 Post office Private organizational club, lodge or fraternal organization Printing establishment square feet per [of] roofed storage area plus 1 per each company vehicle that will be parked overnight. 1 per 100 square feet. 1 per 100 square feet or 1 per 3 seats that will be set up at any time, whichever is greater. This shall be computed on all areas used for offices, meeting rooms, restaurants, dining rooms and indoor recreation. Other uses such as marinas, retail areas and outdoor recreation areas require additional parking at normal requirements. 1 per 200 square feet of building area. Retail sales areas shall be calculated at 1 per 250 square feet and office area shall be calculated 1 per 300 square feet. 8/14 10/20/2020 Collier County, FL Land Development Code Public buildings (fire, emergency medical service or sheriff station and jail) Recreation facilities (indoor) sports, exercise, fitness, aerobics, or health club/skating rink/game room/bingo parlor 1 per 200 square feet for administrative office area and 2 per employee of the largest shift for all other areas plus 1 per 5 prisoners based on the maximum holding capacity for any jails. 1 per 100 square feet. Recreation facilities (outdoor) tennis, 3 per court plus other uses as required. racquetball or handball courts Research laboratory 1 1 per 300 square feet of office area plus 1 per 500 square feet of other areas or 1 per employee of largest workshift, whichever is greater, plus 3 for visitors. Residential uses: Boarding/rooming house, bed and 1 per rented room plus 2 for owners/employees. breakfast residence Convalescent home, nursing home, 2 per 5 beds. home for the aged, rehabilitation facility Duplex Single-family house, town/row house, mobile home, guesthouse, caretaker's residence Dormitory/fraternity/sorority 2 per dwelling unit. 2 per unit. 1 per 2 beds, plus 1 per manager, plus 1 per employee. 9/14 10/20/2020 Collier County, FL Land Development Code Multi -family dwellings Family care facility, group care facility (category I and category II), and care unit, Restaurant (walk-up or drive -through with walk-up window and/or outdoor seating) All units shall have 1 per unit plus visitor parking computed at 0.5 per efficiency unit, 0.75 per 1-bedroom unit, and 1 per 2-bedroom or larger unit. Office/administrative buildings shall have parking provided at 50 percent of normal requirements. Where small-scale recreation facilities are accessory to a single- family or multifamily project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities. However, any recreation facility shall have a minimum of 2 spaces exclusive of parking spaces for dwelling units. 1 per 80 square feet for public use areas including outdoor eating areas or 1 per 2 seats, whichever is greater, and for non-public use areas (kitchen, storage, freezer, etc.) 1 per 200 square feet. A stacking area of 9 vehicles for the first drive -through lane and 6 for any additional drive -through lanes. Restaurant (drive -through with no walk- 1 per 100 square feet. A stacking area of 10 vehicles for up window or outdoor seating) the first drive -through lane and 7 for any additional drive - through lanes. 10/14 10/20/2020 Collier County, FL Land Development Code Restaurant (fast food) Restaurant (sit-down) Retail shop or store (not otherwise listed) and department stores 1 per 70 square feet for public use areas including outdoor eating areas or 1 per 2 seats, whichever is greater, and for non public use areas (kitchen, storage, freezer, etc.) 1 per 200 square feet. A stacking area of 9 vehicles for the first drive -through lane and 4 for any additional drive -through lanes. 1 per 60 square feet for public use areas including outdoor eating areas or 1 per 2 seats, whichever is greater, and for non public use areas (kitchen, storage freezer, etc.) 1 per 200 square feet. Credit for boat slip parking is allowed where the slips have all necessary permits and are located on navigable waterways, using the formula 1 boat slip = 1 vehicle space, provided that each and all boat slips credited shall not be leased or rented for boat storage or utilized for any purpose other than customers frequenting said restaurant. Credit for boat slip parking shall be limited to a maximum of 10 percent of a restaurant's required parking not to exceed a total credit of 10 parking spaces, with the amount credited determined by the County Manager or designee based on the likelihood of restaurant customers using these wet slips during peak business hours of the restaurant. 1 per 250 square feet of indoor/outdoor retail and office areas plus 1 per 500 square feet for indoor/outdoor storage areas that have no access for the general public and partly enclosed or open air garden centers. Schools: Business school/vo-tech 2 per 5 students plus 4 per 5 faculty/staff members. College/university 2 per 5 commuter students plus 1 per 2 resident students plus 4 per 5 faculty/staff members. 11/14 10/20/2020 Collier County, FL Land Development Code Elementary/junior high school 1 5 per 4 staff/faculty members. Senior high school Shopping center Sports arena, stadium (outdoor), racetrack, theater, cinema, auditorium, or public assembly area not otherwise listed 1 per faculty/staff member plus 1 per 5 students. 1 space per 250 square feet for centers with a gross floor area less than 400,000 square feet and not having significant cinemas/theaters (none or those with a total cinema/theater seating capacity of less than 5 seats per 1,000 square feet of the shopping center's gross floor area). 1 space per 200 square feet for all other centers. No more than 20 percent of a shopping center's floor area can be composed of restaurants without providing additional parking for the area over 20 percent. Regional shopping center parking requirements shall be based upon gross leasable floor area which shall include any common area that is leased or used for retail activities. Rear parking requirements: When more than 10 percent of a shopping center's total parking requirement is placed in the rear of the shopping center, the center shall have convenient and well -lighted front and rear accesses for patrons and employees and the rear buildings shall be architecturally finished adjacent to rear accesses. 1 for each 3 seats/patrons allowed to stand or 1 space per 40 square feet of spectator seating/standing areas, whichever is greater plus 1 for each employee/non-spectator who will be present during performances excluding those arriving by buses. Bus parking is required is required when employees, non - spectators or spectators will be arriving by bus. 12/14 10/20/2020 Stables, commercial riding Collier County, FL Land Development Code 1 per every 2 stalls. stable, boarding stable, livery stable and dude ranch Storage facility (self-service) 1 per 20,000 square feet of storage buildings plus 1 per 50 vehicle/boat storage spaces plus 1 per 300 square feet of office areas. Minimum of 4. Supermarket/grocery/farm 1 per 250 square feet. Supermarkets shall also meet the green stand space requirements and rear parking requirements as shown pursuant to shopping centers as set forth in this section. Swimming pool/hot tubs/spas 1 per 75 square feet of water areas for the first 1,000 square feet (outdoor) and 1 for each additional 125 square feet of water areas. A single- family house is exempt from this requirement. Taxi stand/office 1 space for each employee on the largest working shift, plus 1 space per taxi. Television/radio studio 1 per employee of largest shift or 1 per 400 square feet, whichever is greater; plus 3 for visitors. Temporary parking for sports events, religious events or community events Travel trailer/recreational vehicle park campsite Warehouse, wholesale establishment In the case of a church, community or other sporting event which operates on an intermittent or seasonal basis, the required off- street parking may be provided on a temporary basis and need not be permanently designated, paved, drained, or landscaped, provided the use has been approved and [a permit] issued by the County Manager or designee in accordance with applicable standards for the use. 1 per campsite lot or other TTRVC lot. 1 per 1,000 square feet except for sales/office areas which are 1 per 275 square feet. 13/14 ATTACHMENT F Copes Count Growth Management Depagment March 17, 2021 Davidson Engineering, Inc. 4365 Radio Road - Suite 201 Naples, FL 34104 EMAIL - tocia@davidsonengineering.com RE: Site Development Plan PL20200001903 Isle of Capri - Food Truck Park & Ice Cream Parlor (SDP) Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The followina comments need to be addressed as noted: Rejected Review: Addressing - GIS Review Reviewed By: Annis Moxam Email: annis.moxam@colliercountyfl.gov Phone #: (239) 252-5519 Correction Comment 1: The small rectangles with the letters FT followed by a number - is that a representation of the number of proposed Food Trucks to be at the site? Rejected Review: Engineering Stormwater Review Reviewed By: Melissa Nute Email: Melissa.Nute@colIiercountyfl.gov Phone #: (239) 252-2361 Correction Comment 1 Opinion of Cost: Update to include wheelstops for all parking stalls. Provide additional fees as applicable. Correction Comment 2: Please revise the Temporary Gravel Construction Entrance detail to show a minimum of 50' of gravel past the ROW line into the site. Correction Comment 3: Sheet C-25.00: a) Update Sections A -A, B-B, C-C, and E-E to show landscape buffers b) Update Section A -A to include 12" existing pipe c) Update Section B-B, C-C, and E-E to show wheel stops. Correction Comment 4: Sheet C-26: Update parking space w/ wheelstop to reflect correct sidewalk width Correction Comment 5: Per 4.05.02.B, pervious parking stalls in excess of the 15% of required parking shall be considered impervious in water management calculations for quality and quality standards. As the site is currently designed considering all parking stalls as retention areas, this does not reflect the proper impervious to pervious calculations. Review and revise land use summary table and water quality calculations accordingly. Rejected Review: Environmental Review Reviewed By: Craig Brown Email: Craig.Brown@colIiercountyfl.gov Phone M (239) 252-2548 Correction Comment 1: The SDP proposed will need approval of the Conditional Use (CU) petition (PL2021000122) before the SDP approval can occur. Correction Comment 2: The FLUCFCS map provided indicates there are mangroves (612) present on the property. These areas are considered native vegetation and will need to be preserved (10%) and placed in a Conservation Easement. Please update the plans to show the calculations and location of the preserve area. See LDC 3.05.07 or is off -site preservation being pursued ? Correction Comment 3: Will the preserve area meet the minimum width requirement of and average of 10 feet in accordance with LDC Section 3.05.07 H.1.e Correction Comment 4: The location of the parking areas adjacent to the mangroves may impact the mangroves during construction please address protection during construction and the setbacks. Provide a cross-section of this area for staff to review. Correction Comment 5: A conservation easement is required for all County required preserves. Provide an original conservation easement (signed and sealed) with referenced exhibits, Title Opinion, etc., per checklist for processing conservation easements (see Environmental Services website at http://www.colIiergov.net/index.aspx?page=103 for model conservation easement and processing checklist) (LDC 3.05.07 H.1.d). Correction Comment 6: The existing property has been cleared of vegetation. Please provide supporting documents to justify the cleared areas (i.e. permits or historical aerials). What activities have occurred on the property historically relating to uses that may require ground water/ soil sampling testing in accordance LDC Section 3.08.00. AAA. Correction Comment 7: The site plan indicates there is a Burrowing Owl (Athene cunicularia floridana) nest adjunct to the subject property. A take permit may be required from FWC (Nesting season is February 15 to July 10) Please provide written authorization prior to the approval of this SDP. Rejected Review: Fire Review Reviewed By: Thomas Mastroberto Email: Thomas. Mastroberto@colIiercountyfLgov Phone M (239) 252-7348 Correction Comment 1: NFPA 1-18.2.3.4.1.1 Fire dept. access roads shall have an unobstructed width of not less than 20ft. (fire access are roadways, Existing Kon Tiki Dr. in front of proposed site servers an apartment complex and is approx. 14ft wide. With the possibly of more traffic to this areas the roadway will be required to meet the 20 ft. fire code. Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: Mark.Templeton@colliercountyfl.gov Phone #: (239) 252-2475 Correction Comment 1: Since there are no structures along the waterfront to enhance its character (parking is shown), and the site is adjacent (separated by a body of water) to residential, it is staffs understanding that a Type B buffer is required. It appears that existing mangroves may satisfy a portion of the buffer. However, parking spaces are encroaching into the buffer. If the mangroves meet the buffer planting requirement, please note this, and add additional plantings that may be needed on either side of the existing fuel tank to meet the buffer requirement and revise to provide the minimum 15' buffer width. Otherwise, please provide a letter from Ray Bellows allowing for no buffer along the waterfront. Correction Comment 2: Since Capri Blvd is not a collector or arterial, access lighting is not required. Please remove the light poles from the terminal landscape islands at either end of the parking on the West side of Capri Blvd Correction Comment 3: On the site plan, please show bicycles in the bike rack. It appears that plantings shown on the landscape plan may not allow for the placement of all 10 bicycles. Correction Comment 4: Site plans show the back of curb line in the island at the East end of the handicapped parking along the North side of the building wrapping around the whole island. It appears though that the pervious area in that island is intended to continue around the end of the sidewalk and run between the sidewalk and the building all the way around the bike rack. If so, it seems that the single line shown on the back side of the landscape island at the East end of the handicapped parking should be removed. Correction Comment 5: 4.06.01 D. Landscape plan must meet safe sight distance triangle standards. Please show the required 30x30 site triangle and the intersection of Capri Blvd and Kon Tiki Drive. Correction Comment 6: It appears that there are trees not labeled or the quantities for some of the labels needs to change to account for all of the trees. See markup to follow via email. Correction Comment 7: 4.06.03 B. All Vehicular Use Areas must meet the standards. Plans show 7' between the back of curb and the sidewalk in the landscape island at the south end of the handicapped space on the West side of the building. Parking islands are required to be 8' wide. Please revise as necessary. Correction Comment 8: 10.02.14 A. Show tree, palm, and shrub planting details. Please include a shrub detail. Correction Comment 9: A gumbo limbo is shown within 16' of an overhead power line at the entrance on the East side of Capri Blvd. Please consider replacing with a tree from the FPL recommended list. Rejected Review: Transportation Pathways Review Reviewed By: Brett Rosenblum Email: brett.rosenblum@colliercountyfl.gov Phone #: (239) 252-2905 Correction Comment 1: Rev 1 - Per LDC 6.06.02, provide a 5-foot-wide (6-inch-thick) concrete sidewalk along the project property frontage on the south side of Kon Tiki Drive and the west and north sides of Capri Blvd. Correction Comment 2: Rev 1 - At each driveway connection, provide crosswalks, stop signs, stop bars, and ADA truncated dome mats per FDOT Standards. Correction Comment 3: Rev 1 - At the driveway connection to Capri Blvd, label the crosswalk striping and widen to min. 6 feet wide per FDOT Index 711-001. Correction Comment 4: Rev 1 - In the parking space w/ wheel stops detail, revise the sidewalk width to be "varies or per site plan." Correction Comment 5: Rev 1 - Provide a detail for the emergency vehicle access driveway apron. The existing sidewalk should extend through the driveway. Correction Comment 6: Rev 1 - Provide advance warning signage in advance of the mid -block crosswalk on Capri Blvd. per FDOT and MUTCD standards. Rejected Review: Transportation Planning Review Reviewed By: Cecilia Varga Email: Cecilia.Varga@colliercountyfl.gov Phone #: (239) 252-2613 Correction Comment 1: 03/04/2021 Comment: LOOSE MATERIAL IN THE PUBLIC ROADWAY ROW — sheet C-10.00, page 4, please mark this plan sheet to depict the swales in the public roadway ROW as scheduled for reclamation and re -sodding, please refer to ROW Standards III.C.2.c. Correction Comment 2: 03/04/2021 Comment: SMALL ASPHALT SIDEWALK SECTION AT KON TIKI DR — sheet C-10.00, page 4, please mark the plan sheet to include the removal and replacement of the remaining small asphalt sidewalk section at Kon Tiki Dr., as it will have to brought up to the code to include the ADA tactile surface at pedestrian crossing at Kon Tiki Dr. crossing location. The section of asphalt sidewalk shown on plan sheet C-20.00, page 5, as being replaced, will have to be shown on the demolition page as scheduled for removal. Correction Comment 3: 03/04/2021 Comment: STREET OWNERSHIP — on all applicable sheets, please label both Kon Tiki Dr. and Capri Blvd. as "County (Public)" Correction Comment 4: 03/04/2021 Comment: THROAT LENGTH/DEVIATION REQUEST — sheet C-10.00, page 4, please revise throat length for the access driveway the Ice Cream Parlor, from currently shown at approx. 46', as measured from the EOP to the first parking isle, to the required 50', or submit deviation request along with justification and exhibit with labeled dimension, please refer to ROW Standards III.C.6.b. Correction Comment 5: 03/04/2021 Comment: CORNER OFFSET DISTANCE/DEVIATION REQUEST — sheet C-10.00, page 4, please revise location of driveway for the Ice Cream Parlor to provide the required 180' from the property line along Kon Tiki Dr., or submit deviation request along with justification and exhibit with labeled dimension, please refer to ROW Standards Detail Drawing, Sheet 6 of 26. Correction Comment 6: 03/04/2021 Comment: ADA TACTILE SURFACES LABEL — sheet C-10.00, page 4, please revise the ADA Tactile Surfaces label from currently calling them "signal" to "detectible warning" Correction Comment 7: 03/04/2021 Comment: MIDBLOCK CROSSWALK AT CAPRI BLVD. TO BE RELOCATED AT THE CONER INTERSECTION OF CAPRI BLVD. AND KON TIKI DR. — sheet C-10.00, page 4, midblock crosswalk to be relocated from currently proposed location as midblock on Capri Blvd. to the corner intersection of Capri Blvd. and Kon Tiki Dr. Consequent associated improvements, see next comment. Correction Comment 8: 03/04/2021 Comment: NEW STOP CONDITION — sheet C-10.00, page 4, add stop bar and stop sign at the intersection of Capri Blvd. and Kon Tiki Dr. for EB vehicular movement in addition to relocating the midblock crosswalk stated in previous comment. Correction Comment 9: 03/04/2021 Comment: DRIVEWAYS SERVING PARKING SITE — sheet C-10.00, page 4, to be revised as one shared driveway access on Capri Blvd., with 30' radii, 50' throat length, and 24' wide, and include the offset distances in the deviation request mentioned above. Correction Comment 10: 03/04/2021 Comment: EMERGENCY DRIVEWAY — sheet C-10.00, page 4, please revise/replace removable bollards or chain with gate, state the gate opening type and EVAC. Correction Comment 11: 03/04/2021 Comment: PASSAGE FROM HANDICAP PARKING TO FOOD TRUCK PADS — sheet C-10.00, page 4, please provide feature indicate the path continuing from the handicap parking to the food truck pads is intended for pedestrians traffic only, no vehicular traffic allowed, if the intent is to not allow vehicles entering the path. Correction Comment 12: 03/04/2021 Comment: DETAILS — sheet C-26.00, page 9, please provide details for paving within the public roadway ROW and high emphasis crosswalk, 2020-21 FDOT Standard Details, Index 711-001. Rejected Review: Utility Billing Review Reviewed By: Natalie Pochmara Email: Natalie.Pochmara@colIiercountyfl.gov Phone #: (239) 252-5680 Correction Comment 1: 5.03.04 D. If equipped with gates, the clear opening dimension shall be a minimum of twelve (12) feet or twenty-four (24) feet depending on enclosure style. Correction Comment 2: Miscellaneous Corrections Please note that since the enclosure is at the dead-end street that after a dumpster is serviced the truck(s) will have to go into the parking lot. Please ensure the parking lot can withstand the weight of the solid waste and recycle trucks. Rejected Review: Zoning Review Reviewed By: Stefanie Nawrocki Email: Stefanie.Nawrocki@colliercountyfl.gov Phone #: (239) 252-2313 Correction Comment 1: A parallel parking space is a minimum of 23' in length. The proposed loading space appears to be a parallel space and is not meeting parallel parking dimension requirements. Please adjust loading space. Correction Comment 2: Please verify what is being proposed with the existing boat docks/ pilings. The demo plans do not show them being demolished and the proposed site plan does not show them. Correction Comment 3: Please provide architectural plans for the dance floor/ stage. Correction Comment 4: Please verify the intent of the existing boat ramp. Plans do not show it being filled in. Is this a proposed use on the site? Correction Comment 5: A portion of the bike spaces appear to be un-useable as the patron will need to walk in the landscape. Please adjust. Correction Comment 6: 4.05.02- Off-street parking areas shall be designed so as not to create dead-end aisles except as may be permitted in accordance with provisions of the Florida Building Code, or other applicable codes referenced within Chapter 1. Aisles designed for one-way traffic flow shall have painted arrows not less than four (4) feet at each end of the aisle indicating the direction of travel. There is a dead-end parking area shown near the dumpster. Please verify vehicular turn around radius in this area. Correction Comment 7: Please update architectural floor plans and elevations for the building to accurately depict the proposed deck areas. Correction Comment 8: LDC 10.02.03 B.10. Outdoor serving areas shall be explicitly detailed on the site plan, showing layout of chairs, tables, benches, bars, and other serving area features as may be requested. The plan shall clearly indicate that the location is unenclosed and provide information on hours of operation, whether or not live performance music/amplified sound will be provided as entertainment and the approximate distances of all adjacent residential zoning districts or residential uses within 2500 feet of the location. Correction Comment 9: The architectural plans incorrectly have a note stating the max building height in C-3 is 45'. The allowable max zoned building height in C-3 is 50'. Correction Comment 10: Zoned height is measured from the required FFE upwards to the midpoint of the roof. Please update architectural elevations. Correction Comment 11: Please number the parking spaces on the site plan. Correction Comment 12: Please verify the open space use behind all of the food trucks. Is this going to be seating area? Correction Comment 13: Please verify if there will be lighting on the site. If proposing lighting a signed sealed lighting place is required. Correction Comment 14: Please provide accurate dimensions for building setbacks, distance between buildings and accessory structures. Correction Comment 15: Please provide all required and provided setbacks and separations between buildings and structures in matrix form. Correction Comment 16: This project will require a comparable/ compatible use determination for the food trucks. Unable to approve the SDP until the comparable/ compatible use determination is approved. Once approved please upload a copy of the approved decision. Correction Comment 17: Please verify on the plans the amount of eating establishment sq. footage. This includes the ice cream parlor and the food trucks. Pursuant to LDC section 2.03.03 the C-3 zoning district allows up to 6,000 sq.f.t of gross floor area of the principal structure. Greater than 6,000 sq.f.t requires a conditional use. Rejected Review: Engineering Utilities Review Reviewed By: Joanna Nicholson Email: Joanna. Nicholson@ColIierCountyFL.Gov Phone #: (239) 252-2538 Correction Comment 1: Rev 1 - UO 7.1.6 - If located outside the service area of the CCWSD, but within another Certificated Service Area, submit an Adequate Public Facilities Letter from that Utility or utility service provider. Provide this letter from the City of Marco Island Utility. Correction Comment 2: Rev 1 - TS 330520 3.3 — Include a note at the meters to be abandoned, that "existing utility improvements to be abandoned shall conform to T.S. 330520 3.3. Correction Comment 3: Rev 1 - USM Section 3 - Use the latest details and only those that apply to the project. Please delete Details W-9 and W-9A and delete as appropriate. A gap configuration is not required as such delete Detail W-4. Include Detail G-10. Correction Comment 4: Rev 1 - Please provide a Water Meter Sizing Form. Rejected Review: Architectural Review Reviewed By: Peter Shawinsky Email: Peter.Shawinsky@colIiercountyfl.gov Phone #: (239) 252-8523 Correction Comment 1: Provide demolition floor plans and elevations showing existing to be removed. Correction Comment 2: Provide new floor plans and elevations showing proposed work. Plans to include new decks and patio areas. Correction Comment 3: Provide band shelter plans and elevations. Correction Comment 4: 5.08.08 D.8 Overhead doors Verify type of large door openings in the ice cream parlor. Correction Comment 5: 5.05.08 D.13.b Materials and colors Please provide colors and manufacturers numbers for all finishes proposed. Note existing colors if not changing. Provide all four-color elevations if building is being repainted. If limited colors are proposed, please provide areas of all the limited colors as a percentage of each fagade area to determine compliance with the 10 percent limitation. Correction Comment 6: 5.05.08 F.3.g. Pedestrian Pathways. Shade. i. Pedestrian pathways must provide intermittent shaded areas when the walkway exceeds 100 linear feet in length at a minimum ratio of one shade canopy tree per every 100 linear feet of walkway. The required shade trees must be located no more than ten feet from edge of the sidewalk. Please provide the required trees along the total length of the parking lot sidewalk along Capri Blvd. Correction Comment 7: 5.05.08 FA.b. Service function areas and facilities. Buffering and screening standards. Service function areas must be located and screened so that the visual impacts of these functions are fully contained and screened from adjacent properties, including public and private streets. Please provide the required screening around the A/C compressors. Correction Comment 8: 5.05.08 FA.b. Service function areas and facilities. Buffering and screening standards. Service function areas must be located and screened so that the visual impacts of these functions are fully contained and screened from adjacent properties, including public and private streets. Please provide the required screening around the gas tank. Please provide mfr. information for the gas tank, and associated equipment indicating the installed height to verify conformance with the 100 percent screening requirement. Correction Comment 9: 5.05.08 F.4.c Service function areas and facilities. Screening material and design standards. Screening materials, colors and design must be consistent with design treatment of the primary facades of the building or project and the landscape plan. Please provide the required screening around the A/C compressors and existing gas tank. Correction Comment 10: 5.05.08 F.4.g.Service function areas and facilities. Rooftop equipment. All rooftop mechanical equipment protruding from the roof must be screened from public view by integrating it into a building and roof design. Indicate on plans the location and heights of the rooftop HVAC equipment/exhaust vents to verify conformance with the screening requirement. Correction Comment 11: 5.05.08 F.7.c. Lighting. Height standards Provide lighting information or confirm no lights are being added to the building or site. Height standards. Lighting fixtures within the parking lot must be a maximum of 25 feet in height measured from adjacent grade to TOP of the light fixture including base, pole, and light fixture, and 15 feet in height for non -vehicular pedestrian areas. Please provide light pole section to verify conformance with this requirement. Correction Comment 12: Provide all revised and original architectural plans (complete set) with the resubmittal. Individual revised sheets cannot be collated into the previous set. Rejected Review: GIS Review Reviewed By: William Fowler Email: William.Fowler@colliercountyfl.gov Phone #: (239) 252-2568 Correction Comment 1: Please provide a digital drawing file in State Plane NAD 83 feet Florida East coordinates. A DWG or DXF copy of the Site Plan is a required submittal item for this petition; Please e-mail to CAD-Submittals@colliercountyfl.gov The following comments are informational and/or may include stipulations: • When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. • Should the applicant desire to schedule a Post Review Project Meeting to help facilitate resolution of any outstanding issues, please schedule through the assigned Planner. • Pursuant to FS 125.022, should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. • Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a re -submittal must be made within 270 days of this letter. Informational Comments: • If boat docks are added to the site in the future, a dry firefighting standpipe system will be required. NFPA 1 If you have any questions, please contact me at (239) 252-2313 Sincerely, Stefanie Nawrocki Senior Planner Growth Management Department ATTACHMENT G CrOr C01.14t y Growth Management Department Planning and Zoning Division May 7, 2021 Noel Davies, Esq. 2375 Tamiami Trail N., Ste 306 Naples, FL 34103 Via email: Noel. Davies(a)-DaviesDuke.com Re: SDP Application PL202000001903 - Isle of Capri Food Truck Park Dear Noel: Thank you for your letter dated April 8, 2021. We have reviewed the pertinent materials provided, including the Hearing Examiner Decision 2016-37, the Daruma Site Improvement Plan, a Zoning Verification Letter dated December 6, 2019, along with SIC Code 5812 (Eating Places), the more contemporary NAICS, and the standards for licensing of food trucks in Florida. SIC 5812 includes hamburger, hot dog, box lunch, and ice cream stands, fast food restaurants and stands, and carry -out only restaurants. As referenced in the Zoning Verification Letter dated December 6, 2019, the SIC classification system used in the Collier County Land Development Code is older and does not always address the changing trends of business. In fact, the SIC has not been updated since 1987 and can, at times, be less than sufficient in identifying and categorizing new businesses in our community, such as the increasingly popular food truck business. For this reason, when necessary, it is useful in our determinations to review and consider the more contemporary NAICS to identify the categorization of similar uses. Therefore, when we "cross -walk" the SIC code 5812 (Eating Places), we go to NAICS 72 (Accommodation and Food Services). This category includes eating establishments identified in SIC 5812, and recognizes "food stands" today can be mobile and provides for establishments primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or nonmotorized carts, including Ice cream truck vendors, Mobile food concession stands, Mobile canteens, Mobile refreshment stands, Mobile food carts, and Mobile snack stands. Furthermore, we recognize the Florida Division of Hotels and Restaurants license and regulate eating establishments, including mobile food dispensing vehicles (MFDVs). Based on Collier County's history of findings that food trucks are similar in nature to other eating places in SIC 5812, the additional information provided and reviewed supplements the ZVL issued for PL20200001955 and affirms the request for a Comparable Use Determination for food trucks is resolved and is not required as part of the Site Development Plan PL20200001903 for this use. In C-3 zoning an eating place/food truck park is limited to 6,000 1 square feet or less in gross floor area. The related ZVL still stands on drinking establishments; they are SIC Code 5813 requiring a conditional use in C-3 zoning districts. Respectfully, 4� ��� Anita Jenkins, AICP Division Director CC via email: Heidi Ashton-Cicko Jeffery A. Klatkow Ray Bellows Cormac Giblin Matt McLean Jamie French ATTACHMENT H COVIer Count Growth Management Department May 20, 2021 Davidson Engineering, Inc. - Tocia Hamlin 4365 Radio Road - Suite 201 Naples, FL 34104 EMAIL - tocia@davidsonengineering.com RE: Site Development Plan PL20200001903 Isle of Capri - Food Truck Park and Bar (SDP) Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments need to be addressed as noted. Rejected Review: Engineering Stormwater Review Reviewed By: Melissa Nute Email: Melissa.Nute@colliercountyfl.gov Phone #: (239) 252-2361 Correction Comment 5: Per 4.05.02.13, pervious parking stalls in excess of the 15% of required parking shall be considered impervious in water management calculations for quality and quality standards. As the site is currently designed considering all parking stalls as retention areas, this does not reflect the proper impervious to pervious calculations. Review and revise land use summary table and water quality calculations accordingly. Revision 2: As parking stalls must be surfaces made with asphalt, bituminous, concrete or dustless material, the use of 57 stone for parking stalls is not allowed. Revise parking to meet LDC 4.05.02. Update land use summary tables, water quality calculations and stormwater design accordingly. Correction Comment 6: Provide FFE for stage and deck structures. Rejected Review: Environmental Review Reviewed By: Craig Brown Email: Craig.Brown@colliercountyfl.gov Phone #: (239) 252-2548 Correction Comment 1: The SDP proposed will need approval of the Conditional Use (CU) petition before the SDP approval can occur. Review 2: Conditional Use (CU) review to be approved prior to approval of the SDP. Correction Comment 2: The FLUCFCS map provided indicates there are mangroves (612) present on the property. These areas are considered native vegetation and will need to be preserved (10%) and placed in a Conservation Easement. Please update the plans to show the calculations and location of the preserve area. See LDC 3.05.07 or is off -site preservation being pursued ? Review 2: Please add a note to the site plan illustrating the calculations for the off -site preservation donation. (Contact Conservation Collier). Correction Comment 7: The site plan indicates there is a Burrowing Owl (Athene cunicularia floridana) nest adjunct to the subject property. A take permit may be require from FWC (Nesting season is February 15 to July 10) Please provide written authorization prior to the approval of this SDP. Review 2 Please add a note to the site plan indicating that the landscaping and associated construction activities located along the west property boundary will not be conducted during Burrowing Owl nesting season (Type A Buffer). (February 15th to July 1 Oth). Correction Comment 8: Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. (LDC Section 3.03.05) Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: Mark.Templeton@colliercountyfl.gov Phone #: (239) 252-2475 Correction Comment 1: Since there are no structures along the waterfront to enhance its character (parking is shown), and the site is adjacent (separated by a body of water) to residential, it is staffs understanding that a Type B buffer is required. It appears that existing mangroves may satisfy a portion of the buffer. However, parking spaces are encroaching into the buffer. If the mangroves meet the buffer planting requirement please note this and add additional plantings that may be needed on either side of the existing fuel tank to meet the buffer requirement and revise to provide the minimum 15' buffer width. Otherwise, please provide a letter from Ray Bellows allowing for no buffer along the waterfront. Rev. 2: Buffers types are determined based on adjacent use. The LDC definition of adjacent is to share a common property or boundary line, or to be separated by a public right of way, easement, or water body. A property does not need to be located perpendicular to a property line to be considered adjacent. Since the subject property is separated from residential by a water body, please continue the modified Type B buffer along the remainder of the waterfront with the exception of where the existing fuel tank is located. Correction Comment 5: 4.06.01 D. Landscape plan must meet safe sight distance triangle standards. Please show the required 30x30 site triangle and the intersection of Capri Blvd and Kon Tiki Drive. Rev. 2: Please shift the Satinleaf trees outside of the visibility triangle or revise the specs so that they have a minimum 8' c.t. to maintain the minimum clear window between 30" and 8' above crown of adjacent road required within the visibility triangle. Correction Comment 10: Rev. 2: The dumpster has been relocated into a buffer. Per LDC 5.03.04 A.2, dumpsters are not permitted to encroach into a required landscape area. Correction Comment 11: Rev. 2: A tree is shown just outside of a parking island in the North row of parking. Rejected Review: Transportation Pathways Review Reviewed By: Brett Rosenblum Email: brett.rosenblum@colliercountyfl.gov Phone #: (239) 252-2905 Correction Comment 2: Rev 1 - At the driveway connection to Capri Blvd, label the crosswalk striping and widen to min 6 feet wide per FDOT Index 711-001. Rev 2 - Revise the crosswalks to be 6 feet wide to the inside of the 12 inch white stripes per FDOT Index 711-001. Correction Comment 3: Rev 1 - At each driveway connection, provide crosswalks, stop signs, stop bars, and ADA truncated dome mats per FDOT Standards. Rev 2 - Shift the stop bars to be a minimum of 4 feet from the crosswalk striping per FDOT Index 711-001. Rejected Review: Transportation Planning Review Reviewed By: Cecilia Varga Email: Cecilia.Varga@colliercountyfl.gov Phone #: (239) 252-2613 Correction Comment 8: 03/04/2021 Comment: NEW STOP CONDITION — sheet C-10.00, page 4, add stop bar and stop sign at the intersection of Capri Blvd. and Kon Tiki Dr. for EB vehicular movement in addition to relocating the midblock crosswalk stated in previous comment. 05/20/2021 UPDATE: 3-WAY STOP SUPPLEMENTAL PLAQUES - please amend all three stop signs with a "3-way" supplemental sign, MUTCD, R1-3. Correction Comment 9: 03/04/2021 Comment: DRIVEWAYS SERVING PARKING SITE — sheet C-10.00, page 4, to be revised as one shared driveway access on Capri Blvd., with 30' radii, 50' throat length, and 24' wide, and include the offset distances in the deviation request mentioned above. 05/20/2021 UPDATE: THROAT LENGTH (PARKING SITE)— please revise throat length for the vehicular access driveway on Capri Blvd., from currently measuring 41' from the EOP to the first parking space, to the compliant 50', ROW Standards, Section III.C.6.b.(2) Correction Comment 10: 03/04/2021 Comment: EMERGENCY DRIVEWAY — sheet C-10.00, page 4, please revise/replace removable bollards or chain with gate, state the gate opening type and EVAC. 05/20/2021 UPDATE: EMERGENCY DRIVEWAY WIDTH (FOOD PARK SITE) — please revise driveway width from currently measuring at 15' wide to max. 14' wide for a 1-way or 24' for a 2-way driveway. Correction Comment 12: 03/04/2021 Comment: DETAILS — sheet C-26.00, page 9, please provide details for paving within the public roadway ROW and high emphasis crosswalk, 2020-21 FDOT Standard Details, Index 711-001. 05/20/2021 UPDATE: REINFORCED CONCRETE FOR DRIVEWAYS SIDEWALK SECTIONS (DETAIL) — sheet C-26, please provide details or add note "concrete sidewalk at driveway crossings must be reinforced with welded concrete fabric (6"x6", #10/#10). CROSS -SECTIONS TO ENCOMPASS ROADWAY EOP — sheet C-25, please extend cross - sections to comprise a section of the public roadway depicting EOP. STANDARD PEDESTRIAN PAVEMENT MARKING DETAIL — sheet C-26, add standard pedestrian crosswalk pavement marking detail, FY 2021-22 FDOT Standard Details, Index #711- 001 PAVEMENT W/IN PUBLIC ROADWAY ROW DETAIL — sheet C-26, -add following wording: "surface course" for Type SP-9.5 and "structural course" for Type SP- 12.5 -remove Type F curbing -revise "Proposed Turn Lane" name to "Driveway Apron" -add wording "LBR100" to the 8" limerock -add "LBR40" for the stabilized subgrade PAVEMENT SECTION DETAIL — sheet C-26, -add "on -site" wording to the tile of this section -revise "24' Roadway" name to "Driving Isle" "TURF BLOCK" DETAIL — sheet C-26, revise "Turf Block" wording for the title of this detail to "Emergency Driveway Access" Correction Comment 13: 05/20/2021 Comment: TIS — for consistency in trip generation methodology, please revise TIS titled, "Traffic Impact Study Isles of Capri Food Truck and Bar", dated 04/26/2021, to be consistent in GSF calculation for the bar/drinking area with the methodology used for Celebration Park, PL20180002689, "Bayshore Food Truck Park - Bayshore Parking Lot (SDPA)". For your reference, TIS titled, "Traffic Impact Statement for Bayshore Food Truck Park", dated 09/03/2019 is available online at: https:Hcvportal. colliercountyfl.gov/CityViewWeb/Planning/Status?planningld=26864 Please note: Revised TIS may be have additional fees based on the TIS study scale size. Rejected Review: Zoning Review Reviewed By: Stefanie Nawrocki Email: Stefanie.Nawrocki@colliercountyfl.gov Phone #: (239) 252-2313 Correction Comment 7: Please update architectural floor plans and elevations for the building to accurately depict the proposed deck areas. Correction Comment 8: REVISION 2: Please provide a chart or site plan showing the approximate distances of all adjacent residential zoning districts or residential uses within 2500 feet of the location. REVISION 1: LDC 10.02.03 B.10. Outdoor serving areas shall be explicitly detailed on the site plan, showing layout of chairs, tables, benches, bars and other serving area features as may be requested. The plan shall clearly indicate that the location is unenclosed and provide information on hours of operation, whether or not live performance music/amplified sound will be provided as entertainment and the approximate distances of all adjacent residential zoning districts or residential uses within 2500 feet of the location. Correction Comment 10: REVISION 2: Unable to find updated architectural plans showing the height of the structures measured upwards from the required FFE. Please be sure the height is adjusted on the civil plans chart on sheet C- 20.00 as well. REVISION 1: Zoned height is measured from the required FFE upwards to the mid point of the roof. Please update architectural elevations. Correction Comment 15: REVISION 2: Please update the setbacks table to include reference to where the setbacks are being taken from. This site has two fronts and multiple sides. Setback from Kon Tiki Dr. Setback from Capri Blvd. Setback to the East Setback to the South REVISION 1: Please provide all required and provided setbacks and separations between buildings and structures in matrix form. Correction Comment 17: REVISION 2: If the proposed bar is not a separate use and the intent of the project is to be a restaurant, the deck areas that include seating should be included in the total eating establishment 6,000 sq.footage calculation. If all areas total more than 6,000 sq.ft. a conditional use for the eating establishment is required. Please include this calculation of areas under the planning notes on page C-20.00. REVISION 1: Please verify on the plans the amount of eating establishment sq. footage. This includes the ice cream parlor and the food trucks. Pursuant to LDC section 2.03.03 the C-3 zoning district allows up to 6,000 sq.f.t of gross floor area of the principal structure. Greater than 6,000 sq.f.t requires a conditional use. Correction Comment 18: This project is proposing a bar. The C-3 zoning district does not permit bars by right. The bar use for this site must go through the conditional use process. Once the conditional use is approved please upload a copy of the approved conditional use as support documents to this application. Please be sure all conditional use site/ architectural plans are consistent with those turned in for the SDP. Correction Comment 19: The 9' deck with seating and the east deck/stairs and the tiki but are encroaching into the 25' waterfront setback. Please revise and remove the 10' accessory setback note/ setback line from the civil plans. Correction Comment 20: Please update the parking summary to show the existing boat docks. Pursuant to LDC 4.05.04: 1 boat slip = 1 vehicle space, provided that each and all boat slips credited shall not be leased or rented for boat storage or utilized for any purpose other than customers frequenting said restaurant. Credit for boat slip parking shall be limited to a maximum of 10 percent of a restaurant's required parking not to exceed a total credit of 10 parking spaces, with the amount credited determined by the County Manager or designee based on the likelihood of restaurant customers using these wet slips during peak business hours of the restaurant. Correction Comment 21: If boat slips will not be demolished they should be shown as part of this SDP. Please update all applicable plans to include the boat slips. Correction Comment 22: Pursuant to LDC section 4.05.02 since less than 67% of the required parking is on the lot with the principal structure an administrative parking exemption is required. Please see the link below for the application. https://www.colliercountyfl.gov/Home/ShowDocument?id=83370 Rejected Review: Engineering Utilities Review Reviewed By: Joanna Nicholson Email: Joanna.Nicholson@CollierCountyFL.Gov Phone #: (239) 252-2538 Correction Comment 4: Rev 1 - Please provide a Water Meter Sizing Form. Rev 2 - Resulting comment: At the water service connection point, at 1, please clarify the water meter size to be used. The existing meter size is 3/4" but the engineering report proposes an upsize to 1.5". Call out the meter size to be used at the connection point. Additionally, clearly label the water service supplying water to FT5-FT9 as 2". Rejected Review: Architectural Review Reviewed By: Peter Shawinsky Email: Peter.Shawinsky@colliercountyfl.gov Phone #: (239) 252-8523 Correction Comment 1: Provide demolition floor plans and elevations showing existing to be removed. Rev. #2: Issue remains outstanding. Plans were not provided. Correction Comment 4: 5.08.08 D.8 Overhead doors Verify type of large door openings in the ice cream parlor. Rev. #2: Issue remains outstanding. Information was not provided. Correction Comment 5: 5.05.08 D.13.b Materials and colors Please provide colors and manufacturers numbers for all finishes proposed. Note existing colors if not changing. Provide all four-color elevations if building is being repainted. If limited colors are proposed, please provide areas of all the limited colors as a percentage of each fagade area to determine compliance with the 10 percent limitation. Rev. #2: Issue remains outstanding. Information was not provided. Correction Comment 8: 5.05.08 F.4.b. Service function areas and facilities. Buffering and screening standards. Service function areas must be located and screened so that the visual impacts of these functions are fully contained and screened from adjacent properties, including public and private streets. Please provide the required screening around the gas tank. Please provide mfr. information for the gas tank, and associated equipment indicating the installed height to verify conformance with the 100 percent screening requirement. Rev. #2: Issue remains outstanding. Gas tank was noted as 9.5 feet tall. Screen plants on LA plants were noted as 5 feet tall. Please revise plant material or provided alternate required screening around gas tank. Correction Comment 9: 5.05.08 F.4.c Service function areas and facilities. Screening material and design standards. Screening materials, colors and design must be consistent with design treatment of the primary facades of the building or project and the landscape plan. Please provide the required screening around the A/C compressors and existing gas tank. Rev. #2: Issue remains outstanding. Gas tank was noted as 9.5 feet tall. Screen plants on LA plants were noted as 5 feet tall. Please revise plant material or provided alternate required screening around gas tank. Correction Comment 10: 5.05.08 F.4.g.Service function areas and facilities. Rooftop equipment. All rooftop mechanical equipment protruding from the roof must be screened from public view by integrating it into a building and roof design. Indicate on plans the location and heights of the rooftop HVAC equipment/exhaust vents to verify conformance with the screening requirement. Rev. #2: Issue remains outstanding. Information was not provided. Correction Comment 12: Provide all revised and original architectural plans (complete set) with the resubmittal. Individual revised sheets cannot be collated into the previous set. Correction Comment 13: Rev. #2: Provide roof plan showing proposed and existing roof and clearly show the roof line on the floor plan. Indicate all areas to be enclosed or open. The following comments are informational and/or may include stipulations: • When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. Should the applicant desire to schedule a Post Review Project Meeting to help facilitate resolution of any outstanding issues, please schedule through the assigned Planner. Pursuant to FS 125.022, should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. • Please be advised that Sections 10.02.03.11.1, and 10.02.04.B.3.c require that a re - submittal must be made within 270 days of this letter. Informational Comments: • If boat docks are added to the site in the future, a dry firefighting standpipe system will be required. NFPA 1 MastrobertoThomas 02/10/2021 11:47 AM If you have any questions, please contact me at (239) 252-2313. Sincerely, Stefanie Nawrocki Senior Planner Growth Management Department ATTACHMENT I Collier County Growth Management Department July 29, 2021 Davidson Engineering, Inc. 4365 Radio Road Suite 201 Naples, FL 34104 Re: Final Site Development Plans Approval Isle of Capri - Food Truck Park (SDP) Project Number: PL20200001903 Dear Applicant - Davidson Engineering, Inc: THIS IS YOUR PERMIT AND MUST BE POSTED ONSITE! This office has reviewed the Final Site Development Plan for the referenced project and has no objection to the construction of water, sewer, paving, and drainage aspects of the project subject to the following stipulations: • By receipt and acceptance of this approval, the petitioner acknowledges that a pre -construction meeting is required by code for this project. If the pre -construction meeting is not held prior to the beginning of construction, the project will be cited and shut down until the required meeting is held. Even with an Early Work Authorization a pre -construction meeting is required. General Conditions • CHANGES IN USE AND/OR DESIGN OF THESE SITE AND ARCHITECTURAL PLANS ARE NOT AUTHORIZED WITHOUT WRITTEN APPROVAL BY THE COUNTY. CHANGES SHALL REQUIRE RE —REVIEW IN ACCORDANCE WITH ALL CURRENT COUNTY CODES INCLUDING PARKING FACILITIES, UTILITIES, TRANSPORTATION, ENVIRONMENTAL REQUIREMENTS AND THE LIKE. • A preliminary inspection and approval of the infrastructure for multi -family residential must be done by Engineer Inspections prior to any Certificate of Occupancy being granted. • Permits from other agencies having jurisdiction over this project shall be obtained prior to start of construction. • Please call Mr. David Crane at (239) 252-6820 to schedule a pre —construction meeting a minimum of 48 hours prior to start of construction. • This Final Site Development Plan is approved due to the issuance of a Certificate of Public Facility Adequacy #21-0033 with respect to Collier County Ordinance 93-82. • All construction activities permitted by this letter shall only occur during the following times: 6:30 A.M. to 7:00 P.M., Monday through Saturday; no work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Day. • The review and approval of these improvement plans does not authorize the construction of required improvements, which are inconsistent with easement of record. • Upon completion of the infrastructure improvements associated with a site development plan and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in Section 10.02.05 of this code including electronic disk. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. Zoning Conditions • SIGNAGE RESTRICTIONS: Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions or color depicted on the site and/or architectural plans approved by this letter. • All PUD related stipulations shall apply to this project. Utility Conditions • See attached Exhibit "A" • Written confirmation from that the water/sewer facilities have been accepted and placed in service must be provided prior to issuance of a Certificate of Occupancy. • "APPROVAL OF THESE PLANS DOES NOT CONSTITUTE APPROVAL OF THE METER SIZE. SIZING OF THE METER SHALL BE DONE WITH THE APPROVAL OF PUBLIC UTILITIES ENGINEERING DIRECTOR OR HIS DESIGNEE, BASED ON DOCUMENTATION RECEIVED FROM THE ENGINEERING OF RECORD. THE METER DETAIL SHALL BE SUBMITTED TO ENGINEERING REVIEW SERVICE FOR APPROVAL PRIOR TO INSTALLATION". • No water or sewer utility construction shall commence until proper DEP permits have been obtained. Subdivision Conditions • All work shall be in accordance with applicable Collier County ordinances and rules and regulations of other entities having jurisdiction over the project. Environmental Conditions • Site clearing is conditioned to the stipulations contained on the approved plans. • Required permits for listed species relocation must be provided to staff at the pre -construction meeting. • Silt fencing must be installed prior to any mechanical clearing. • Exotic vegetation must be removed prior to preliminary acceptance as required on the approved plans. Water Management Conditions • All work shall be in accordance with applicable State or Federal rules and regulations. • Work area shall be properly barricaded with hay bales and/or silt screens during the entire time of construction, to prevent any siltation during construction. • Separate excavation permit must be obtained. • The engineer of record, prior to issuance of a Certificate of Occupancy, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. • This project shall be permitted by SFWMD. • Whether or not this project was permitted by SFWMD, dewatering shall not occur without a dewatering permit from the South Florida Water Management District. Addressing Conditions • Pursuant to Ordinance No. 07-62, no proposed subdivision, street, building, condominium, or development may utilize the same name or a similar sounding name as any existing subdivision, street, building, condominium, or development, except that the major street within a subdivision may utilize the name of the subdivision. Any changes to the project name shall be reviewed and approved by Growth Management Department/Planning and Regulation Addressing Section. Landscaping Conditions • At the time of Preliminary Acceptance, the Landscape Architect shall certify that the landscaping has been installed in substantial accordance with the approved plans and specifications. The certification shall be in a form approved by the County Manager or his designee. Fire Protection Conditions • Please note that prior to the accumulation of combustible building materials on site, proposed fire hydrants must be operable with the minimum required fire flows and improved stabilized emergency apparatus access ways (min. 20' wide) must be available to within 100' of the structures. • No fire appliances shall be obstructed, visually or functionally, by vegetation. Additional Stipulations • Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. • Building Review and Permitting - If boat docks are added to the site in the future, a dry firefighting standpipe system will be required. NFPA 1 MastrobertoThomas 02/10/2021 11:47 AM • Development Review - A pre -construction meeting is required prior to construction of water and/or sewer improvements. Contact David Crane at (239) 252-6820 or David.Crane@colliercountyfl.gov. All preliminary and final inspections of water and/or sewer improvements shall be requested in writing at least 48 hours ahead of time. Contact Joe Bianchi at (239) 252-2391 or Joe.Bianchi@colliercountyfl.gov. • Development Review - This approval does not constitute approval by Marco Island Utilities (MIU). A letter of approval from MIU must be submitted prior to scheduling the pre -construction meeting. • Environmental Services - Landscape installation and construction activities are to be completed outside of Burrowing Owl nesting season (2/15 to 7/10) along the west boundary of the project property. BrownCraig 07/16/2021 • Environmental Services - The preserve offsite payment receipt for $7000 paid to Conservation Collier must be provided at Pre -construction meeting. BrownCraig 07/16/2021. • Transportation Planning 07/19/2021 Informational Comment: COUNTY ROW PERMIT - County ROW permit is required for any construction/maintenance work proposed within any County public roadway ROW. For the purpose of establishing County ROW permit fees for existing access upgrades, the project is considered a small development (less than 600 new vehicle trips per day). A maintenance of traffic (MOT) plan will be required with the ROW permit application. The estimated duration of sidewalk closure will be needed to determine ROW permit fees. • Transportation Planning 07/19/2021 Stipulation: TIS — TIS titled "Traffic Impact Study Isles of Capri Food Truck", dated 06/20/2021, is approved as the basis for transportation concurrency (adequacy of roadway capacity) and for trip banking (reservation of road capacity) for 9 Food Cart Pods and 4,267 SF of Fast Casual Restaurant use. Note: As a number of categories were considered for land use codes, with LUC 926 and LUC 930 being determined to be the closest fit with SF being quantified as the basis for trip estimation, additional transportation mitigation may be required depending on actual site operations. PURSUANT TO HB 503, PLEASE COMPLETE THE ATTACHED AFFIDAVIT OF COMPLIANCE AND PROVIDE TO CLIENT SERVICES STAFF (252-2400). INCLUDE THE BALANCE OF ANY OUTSTANDING INSPECTION FEES TOGETHER WITH ANY REQUIRED STATE OR FEDERAL PERMITS. UPON PROCESSING THE AFFIDAVIT OF COMPLIANCE, A PRE -CONSTRUCTION MEETING MAY BE SCHEDULED. Be advised that this approval automatically expires in thirty-six (36) months pursuant to Collier County Land Development Code Section 10.02.03.H.2. The expiration date is July 29, 2024. Please call if you have any questions or need any additional information. Sincerely, Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 EXHIBIT "A" Isles of Capri Food Truck Park SDP-PL20200001903 1. All on -site water and gravity sewer, pump station and force main shall be owned, maintained and operated by the applicant, his successors or assigns. 2. Owner should have backflow prevention assembly certified by Public Utilities Department, Water Division prior to preliminary acceptance of any water main, and tested on an annual basis by a certified AWWA backflow prevention device technician with results submitted directly to the Collier County Utilities Water Operations Director. Failure to meet the requirement for the annual certification will result in termination of water service. Should the backflow prevention device fail for any reason, the developer is required to have the backflow prevention device repaired immediately. 3. Representatives of the Growth Management Department (GMD), Engineering Services Division are to meet with your office and the Contractor for a pre -construction conference. Scheduling can be arranged by contacting David Crane at 239-252-6820 or David.Crane@colliercountyfl.gov. Advise in writing with 48 hours notice of time and date. Conference shall be conducted at the Growth Management Department Building. Meeting includes both, site and utilities, Pre -Construction items. Owner, Developer, Engineer -of -Record, General, Site, and Utilities contractors are encouraged to attend. 4. Inspections during construction required by the Collier County Public Utilities, that must be coordinated by the Public Utilities Department, Water Division are listed below. Scheduling of date, time, method and material can be arranged by calling 239-775-2007 with a minimum of 48 hours written notice. a) Usage of water from the District water facilities for filling, flushing and testing purposes. Prior approval of time and method of usage is mandatory. b) Flushing, using approved methods and materials for all water mains. c) Bacteriological sampling of all water mains. d) Testing, clearance and certification of backflow device. e) Chlorination of water lines and reflushing of line after chlorination S. Inspections during construction required by the Public Utilities Department, that must be coordinated through GMD, Engineering Services Division, are listed below. Time and date can be arranged by contacting Joe Bianchi at Joe.Bianchi@colliercountyfl.gov. A minimum of 48 hours written notice is required to arrange scheduling. a) Hot taps to potable water lines larger than 6" and wastewater systems lines greater than 4". b) Master meter and bypass piping. c) Jack & Bore casings. d) Pressure tests. e) Infiltration/Exfiltration tests. f) Lift station installation, prior to cover-up and start-up. g) Lift station start-up. Exhibit "A" Page 2 h) Lamping of sewer lines. i) Pigging and flushing of wastewater lines, force mains, potable water mains and non - potable irrigation lines. Note: full bore flushing and pigging of potable water lines need only Water Department inspection. j) Television videotaping of wastewater lines at end of construction and the warranty period ("in -office review"). k) Conflict construction. 1) Connections to existing potable water, non -potable irrigation water and wastewater systems. m) 8" diameter or larger casing installations. n) Other special requirements as specified by the County staff at the time of construction document approval. o) Installation of temporary mete rs/backflows. p) Hot taps to any water concrete mains, pressure tests on lines 20" and greater, and connections to existing potable systems greater than 12" need to be inspected by the Water Department and GMD. q) Fire flow testing. 6. Be advised that it is your responsibility to coordinate the above tasks with the Public Utilities Department and Engineering Services Division, including approval of schedules, specific procedures, methods and materials. 7. Prior to the conveyance of documents for acceptance by the Board of County Commissioners, the following shall occur: a) TV of entire gravity system. 8. All inspections of the completed utility work prior to the conveyance shall be coordinated through GMD, Engineering Services Division with a 48 hour written notice requesting the facility inspection. Time and date can be arranged by contacting Lucia Martin at 239-252-2279 or lucia.martin@colliercountyfl.gov. 9. Prior to the issuance of Certificates of Occupancy and/or final acceptance of this project into the County system, the following shall be completed: a) Actual field testing of water mains for domestic and fire flow demands, shall occur. Final approval and acceptance of the project is contingent upon joint approval by the applicable Fire Control District, GMD - Engineering Services Division and Public Utilities Department. 10. If this project requires a water meter 2" or less to be set by the County Public Utilities Department on existing main; the meter may be set prior to board acceptance of utilities. Certificate of Occupancy will be withheld until such time as utilities facilities have been accepted. Exhibit "A" Page 3 11. Attached is a copy of the Public Utilities Department checklist which indicates the items which must be submitted upon completion of the proposed utility facilities for acceptance by the Board of County Commissioners. 12. Approval of the construction drawings as shown DOES NOT CONSTITUTE APPROVAL OF THE METER SIZING as shown. The Public Utilities Department shall size the meters at time of application. 13. If there are any changes made to the approved construction plans by the FDEP, the changes shall be resubmitted to GMD, Engineering Services Division for additional review and approval. Utilities Conveyance Checklist POTABLE WATER, NON -POTABLE IRRIGATION WATER AND WASTEWATER FACILITIES ACCEPTANCE Today's Date: July 7, 2021 Project Name Original Project No. (AR/PL): ISLES OF CAPRI FOOD TRUCK PARK Utility SDP-PL20200001903 PL#: Submittal Requirements NIA In Item review accepted Item Needed Notes 1. ❑ ❑ ❑ Final Utility Acceptance Application 2. ❑ ❑ ❑ Addressing Checklist (ID number or Folio number of Property) Legal Documents N/A In Item review accepted Item Needed Notes 1. ❑ ❑ ❑ Attorney's Affidavit 2. ❑ ❑ ❑ Owner's Affidavit 3. ❑ ❑ ❑ Warranty Deed/Bill of Sale with Exhibit B per Utilities Standards and Procedures Ordinance Section 10.2.6 4. ❑ ❑ ❑ Utilities Facilities Securities Subordination (required when any security interest in the utility facilities/systems is involved). UCC-1(s) can be subordinated by a Subordination or by use of UCC-3(s) if not released by Subordination. 5. ® ❑ ❑ Deed of Utility Easement - Copy of last Deed that conveyed title of the Associated Real Property and Copy of all Utility Easements then being conveyed to the County, including legal description with Surveyor's Sketch of Easement. (Utility easements are not required provided all utility facilities then being conveyed are in public right -of way, are in then existing utility easements, or are in CUES) 6. ❑ ❑ ❑ Utilities Performance Security (UPS) 10% of Total Cost plus Final Obligations cash bond of not less than $4,000 (AR-5939 & above) 7. ❑ ❑ ❑ Final Release of Lien from Utility Contractor for the system(s) or portion(s) thereof constructed 8. ® ❑ ❑ Facilities Lease (when applicable) Page 1 of 3 Rev. 7/2018 CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97-17, AS AMENDED Page 2 9. ® ❑ ❑ Facilities Lease (including Sub -Developer) use Form 10.1 Tests, Certifications and Supplemental Documents N/A In Item review accepted Item Needed 1. ® ❑ ❑ Sewer Video of constructed gravity sewer (Sewer Report & Master Utility Sheet) 2. ® ❑ ❑ Certification of pressure testing of wastewater force mains by Engineer of Record 3. ® ❑ ❑ Certification of the infiltration/exfiltration tests for the sewer lines by Engineer of Record 4. ® ❑ ❑ Coating certification from the manufacturer or a professional testing laboratory for all manholes, wet wells and valve vault. 5. ® ❑ ❑ Lift station(s) start up report(s) 6. ® ❑ ❑ Electrical Contractor's certification of Lift Station electric service wire sizing and voltage drop pursuant to National Electrical Code Specifications 7. ® ❑ ❑ Start-up and successful testing of Data Flow telemetry equipment (AR-7936 & above) 8. ❑ ❑ ❑ Certification of pressure testing of water and non -potable irrigation mains by Engineer of Record 9. ❑ ❑ ❑ Letter by Engineer certifying that: • All water, non -potable irrigation and/or sewer facilities are located within the public right-of-way or dedicated easements • All the utilities system(s), or portion(s) thereof, has been constructed in accordance with County Ordinances and Regulations, including the required color for piping 10. ❑ ❑ ❑ One year (1) Warranty on work performed and system(s) or portion(s) thereof installed by Utilities Contractor 11. ❑ ❑ ❑ Engineer's Final Payment Confirmation 12. ® ❑ ❑ DEP Certification and copy of General Permit for WATER facilities (including interim facilities, if applicable); 13. ® ❑ ❑ DEP WATER Certification approval to be forwarded when received Notes Page 2 of 3 Rev. 07/2018 CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97-17, AS AMENDED Page 3 14. ® ❑ ❑ DEP Certification and copy of General Permit for SEWER facilities (including interim facilities, if applicable); 15. ® ❑ ❑ DEP SEWER Certification approval to be forwarded when received 16. ® ❑ ❑ DEP Certification and copy of General Permit for (RECLAIMED) NON - POTABLE IRRIGATION WATER facilities (including interim facilities, if applicable); In-service Letter to be forwarded when received 17. ❑ ❑ ❑ Lab results on bacteriological tests for potable water mains 18. ❑ ❑ ❑ Satisfactory Test Reports and Certification of backflow device by Certified Laboratory. 19. ❑ ❑ ❑ Verification of Final Cost (Include materials and labor, misc.) Cost breakdown — Contributory Assets for County/Private Materials (materials only) (i.e. detailed quantities, sizes, unit cost, total cost, etc) 20 ❑ ❑ ❑ Letter from the Fire District regarding ownership and maintenance of fire hydrants 21. ❑ ❑ ❑ Signed copy of field fire flow testing by the applicable Fire Control District Engineering Documents NIA In Item review accepted Item Needed Notes 1. ❑ ❑ ❑ One (1) complete set of Record Drawings to include all utilities and all related underground work signed and sealed by the Engineer of Record for potable water, non -potable irrigation water and / or wastewater system(s) or portion(s) thereof 2. ❑ ❑ ❑ One (1) computer -generated disk of Record Drawings in CAD and PDF format in accordance with Section 10.4: Record Drawings of the Utilities Standards and Procedures Ordinance 3. ® ❑ ❑ Longitude and latitude shall appear on detail sheet. (AR-7936 & above) Office Use Only below this line ®W ❑W/S ❑s ❑IRR Page 3 of 3 Rev. 07/2018 ATTACHMENT Growth Management Division - Planning & Regulation Planning & Zoning Department August 4, 2021 D. Wayne Arnold Q. Grady Minor & Associates 3800 Via Del Ray Bonita Springs, FL 34134 RE: INTP-2021-PL-0943, FOOD TRUCKS AS PERMITTED USES IN THE C-2 AND C-3 ZONING DISTICT, OFFICIAL INTERPRETATION REQUEST Dear Mr. Arnold. - Pursuant to Land Development Code (LDC) Section 1.06.01.D, the Planning and Zoning Director has been requested to render an official interpretation of the Collier County Land Development Code (LDC), for FCC Beach & Yacht, LLC, PL20210000943. The official interpretation responds to the below request: The applicant seeks to confirm that a "Food Truck Park", "Food Truck Court", or "Mobile Food Vending Park", is not a permitted use in the G-2 and C-3 Zoning Districts, or within any commercial component of a Planned Unit Development (PUD), unless the specific use of a "Food Truck Park", "Food Truck Court", or "Mobile Food Vending Site" (hereinafter collectively referred to as "Food Truck Park") is identified as a permitted use within the commercial zoning district or commercial component of a PUD. This interpretation also seeks to confirm that a "Food Truck Park", may not be deemed a permitted use within the C-2 and C-3 Zoning Districts, or any commercial component of a PUD. The interpretation seeks to confirm that the LDC must be amended to allow Food Truck Parks as an allowed use assuming the Board of County Commissioners agrees such a use should be allowed. Response The uses provided for within the C-2 and C-3 zoning districts, as enumerated within LDC sections 2.03.03.B and 2.03.03.0 currently do not list food truck park as a permitted use. LDC section 2.03.03.B.1.a.74 (C-2 permitted use) and 2.03.03.C.1.a.96 (C-3 permitted use) provide for the following uses, "Any other commercial convenience use which is comparable in nature with the list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K " & "Any other intermediate commercial use which is comparable in nature with the list ofpermitted uses and consistent with the purpose and intent statement of the district, as determined by the Hearing Examiner or CCPC, pursuant to LDC section 10.02.06 K" As noted within your application LDC section 2.03.00.A states, "Rules for Interpretation of Uses. In any zoning district, where the list of permitted uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted uses, which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in LDC section 10.02.06 K " Further LDC section 10.02.06.K in part reads, "Comparable Use Determination.]. The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD.2. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing based on the following standards..." Within Hearing Examiner Decision HEX NO. 2016-37 (Attachment "A"), the Hearing Examiner determined that the proposed use of a food truck park is comparable and compatible in nature to other permitted uses in the General Commercial (C-4) zoning district and affirmed staff s determination as stated in the Zoning Verification Letter ZVL(CUD)-PL20160001881, which was an attachment of the decision. Zoning Verification Letter PL20160001881, which initiates the comparable use determination, requested that staff determine that the use of "food truck park" is comparable with the permitted use in the C-4 district of "eating and drinking establishments" or SIC 5812. The conclusion of that zoning verification letter determined that, "the requested use is comparable and compatible to other permitted uses in the district and is therefore a permitted use. In order to become valid, this determination requires affirmation by the Hearing Examiner. " As noted, HEX NO.2016-37 affirmed the determination of the zoning verification letter PL20160001881. Based upon the determination, food truck parks are treated as permitted uses within zoning districts that permit SIC 5812, subject to whatever size limitations imposed by the respective zoning district. Both the C-2 and C-3 zoning districts permit SIC 5812 with square footage limitations and based upon HEX NO. 2016-37 determination, food truck parks are permitted within those zoning districts subject to the square footage limitations. Further evidence of the position that food truck parks are permitted within the zoning districts that permitted SIC 5812, eating establishments, ZLTR-PL20190002574 (Attachment "B"), determined that a food truck park was permitted within the Industrial zoning district under Eating Establishment (SIC 5812). ZLTR-PL20200001955 (Attachment "C") provides a second example where the County determined that the C-3 zoning district permits restaurants/food truck establishments (SIC 5812) by right. While the Commercial and Industrial zoning districts do not specifically designate food trucks as permitted uses, the Comparable Use determination process has been established to identify similar uses to a zoning district when the proposed use has been determined to be comparable and compatible to existing uses in the zoning district. Hearing Examiner Decision No. 2016-37, established food truck parks as comparable and compatible to a restaurant use and based upon that determination, all zoning districts that permit restaurants (SIC 5812) are determined to also permit food trucks subject to whatever restrictions imposed by the zoning district including square footage limitations. Pursuant to Division 10.02.021. ofthe LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site -specific interpretation, all property owners within 300 feet ofthe subject property will receive mail notice and acopy ofthis interpretation and appeal time frames wit I be placed inthe NaplesDailyNews. Within 3 0 days ofreceipt ofthis letter, or within 30 days of publication ofthe public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Office of the Hearing Examiner, as directed by Section 2-87 of the Collier County Code of Laws and Ordinances. A request for an appeal must be filed in writing within 30 days of the date of this Official Interpretation and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support ofthe appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, ram/ /�">4 Mike Bosi, AICP, Zoning Director Growth Management Division/Planning and Regulation Cc: Collier County Board ofCounty Commissioners Mark Isackson, County Manager Sean Callahan, Deputy County Manager Amy Patterson, Deputy County Manager Klatzkow, County Attorney Jamie French, Deputy Head Growth Management Department Heidi Ashton-Cicko, Assistant County Attorney ATTACHMENT K 5.05.01 - Businesses Serving Alcoholic Beverages a Sale of alcoholic beverages. The County Manager or designee, may authorize the sale of alcoholic beverages for consumption on -site, subject to compliance with all zoning restrictions and the following locational criteria: 1. No such use shall be located within 500 feet of any established elementary, middle, or high school, child care center, public library, church, public park, or public playground. This does not include beach access points. The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library, church, public park, or public playground is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 2. No such use shall be located within 500 feet of any existing establishment whose primary function is the sale of alcoholic beverages for consumption on -site. The distance of 500 feet shall be measured as the shortest distance between the lot on which the existing establishment is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 3. The erection of any school, child care center, public library, church, public park, or public playground within 500 feet of an establishment which offers the sale of alcoholic beverages for consumption on -site shall not cause such establishment to become nonconforming. 0 The County Manager or designee approval for the sale of alcoholic beverages for consumption on -site, granted pursuant to this section, shall expire after the following periods of time and shall thereafter become null and void: a. In the case of an existing structure, zoning approval shall expire six (6) months from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. For purposes of this section, operation shall be defined as the sale of alcoholic beverages in the normal course of business. 11 In the case of a new structure, zoning approval shall expire one (1) year from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. However, if substantial construction is completed, the County Manager or designee may grant one (1) extension for up to six (6) months. 5. The procedures for approval of a site for the sale of alcoholic beverages are set forth in Chapter 10 and the Administrative Code. The BZA may, by resolution, grant a waiver of part or all of the minimum distance requirement set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consumption on -site, from the school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirement. The BZA's decision to waive part or all of the distance requirement shall be based upon the following factors: a. The nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park, or public playground which is determined by the BZA to lessen the need for the total 500-foot distance requirement. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights -of -way. a The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the school, child care center, public library, church, public park, or public playground. The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. The Administrative Code shall establish the submittal requirements and procedures for the waiver of distance requirements. 7. The following uses shall be exempt from the requirements of section 5.05.01. a. Any restaurant deriving at least fifty-one (51) percent of its gross revenue from the sale of food and nonalcoholic beverages. Q Any motel and/or hotel with 100 or more guestrooms. Any private club, golf club, country club, or civic or fraternal club may serve alcoholic beverages for consumption on -site when such service is incidental to the main use and for the exclusive use of the members, tenants, and/or guests of the facility. Any owner or operator of an establishment approved under this section to sell any alcoholic beverages for consumption on -premises shall, upon written demand of the County Manager or designee, make, or cause to be made, under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. (Ord. No. 13-56, § 3.R) ATTACHMENT L SIC Manual / Description for 5812: Eating Places SIC Search Description for 5812: Eating Places Division G: Retail Trade I Major Group 58: Eating And Drinking Places I Industry Group 581: Eating And Drinking Places 5812 Eating Places Establishments primarily engaged in the retail sale of prepared food and drinks for on -premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. ■ Automats (eating places) • Beaneries ■ Box lunch stands ■ Buffets (eating places) ■ Cafes ■ Cafeterias ■ Carry -out restaurants ■ Caterers ■ Coffee shops ■ Commissary restaurants ■ Concession stands, prepared food (e.g., in airports and sports arenas) ■ Contract feeding ■ Dairy bars ■ Diners (eating places) ■ Dining rooms ■ Dinner theaters ■ Drive-in restaurants ■ Fast food restaurants ■ Food bars ■ Food service, institutional ■ Frozen custard stands ■ Grills (eating places) ■ Hamburger stands ■ Hot dog (frankfurter) stands ■ Ice cream stands ■ Industrial feeding ■ Lunch bars ■ Lunch counters ■ Luncheonettes ■ Lunchrooms ■ Oyster bars ■ Pizza parlors ■ Pizzerias ■ Refreshment stands ■ Restaurants ■ Restaurants, carry -out ■ Restaurants, fast food ■ Sandwich bars or shops ■ Snack shops ■ Soda fountains ■ Soft drink stands ■ Submarine sandwich shops ■ Tea rooms ■ Theaters, dinner UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 k.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 5813: Drinking Places (alcoholic Beverages) SIC Search Description for 5813: Drinking Places (alcoholic Beverages) Division G: Retail Trade I Major Group 58: Eating And Drinking Places I Industry Group 581: Eating And Drinking Places 5813 Drinking Places (alcoholic Beverages) Establishments primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the premises. The sale of food frequently accounts for a substantial portion of the receipts of these establishments. ■ Bars (alcoholic beverage drinking places) ■ Beer gardens (drinking places) ■ Beer parlors (tap rooms) • Beer taverns ■ Beer, wine, and liquors: sale for on -premise consumption ■ Bottle clubs (drinking places) ■ Cabarets ■ Cocktail lounges ■ Discotheques, alcoholic beverage ■ Drinking places, alcoholic beverages ■ Night clubs ■ Saloons (drinking places) ■ Tap rooms (drinking places) ■ Taverns (drinking places) ■ Wine bars UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 k.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance.gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7911: Dance Studios, Schools, and Halls SIC Search Description for 7911: Dance Studios, Schools, and Halls Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 791: Dance Studios, Schools, And Halls 7911 Dance Studios, Schools, and Halls Establishments primarily engaged in operating dance studios, schools, and public dance halls or ballrooms. Establishments primarily engaged in renting facilities used as dance halls or ballrooms are classified in Real Estate, Industry 6512. ■ Ballroom operation ■ Children's dancing schools ■ Dance hall operation ■ Dance instructors ■ Dance studios and schools ■ Discotheques, except those serving alcoholic beverages ■ Professional dancing schools UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 k.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance.gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7948: Racing, Including Track Operation SIC Search Description for 7948: Racing, Including Track Operation Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 794: Commercial Sports 7948 Racing, Including Track Operation Promoters and participants in racing activities, including racetrack operators, operators of racing stables, jockeys, racehorse trainers, and race car owners and operators. ■ Dog racing ■ Dragstrip operation ■ Horses, race: training ■ Horses, racing of ■ Jockeys, horse racing ■ Motorcycle racing ■ Race car drivers and owners ■ Racetrack operation: e.g. horse, dog, auto ■ Racing stables, operation of ■ Speedway operation ■ Stock car racing ■ Training racehorses UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 `800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7991: Physical Fitness Facilities SIC Search Description for 7991: Physical Fitness Facilities Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 799: Miscellaneous Amusement And Recreation 7991 Physical Fitness Facilities Establishments primarily engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other active physical fitness conditioning, whether or not on a membership basis. Also included in this industry are establishments providing aerobic dance and exercise classes. Sports and recreation clubs are classified in Industry 7997 if operated on a membership basis, and in Industries 7992 or 7999 if open to the general public. Health resorts and spas providing lodging are classified in UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 1.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7992: Public Golf Courses SIC Search Description for 7992: Public Golf Courses Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 799: Miscellaneous Amusement And Recreation 7992 Public Golf Courses Establishments primarily engaged in the operation of golf courses open to the general public on a contract or fee basis. Membership golf and country clubs are classified in Industry 7997. Miniature golf courses and golf driving ranges are classified in Industry 7999. ■ Golf club, nonmembership ■ Golf courses, public: operation of UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 1.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7996: Amusement Parks SIC Search Description for 7996: Amusement Parks Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 799: Miscellaneous Amusement And Recreation 7996 Amusement Parks Establishments of the type known as amusement parks and kiddie parks which group together and operate in whole or in part a number of attractions, such as mechanical rides, amusement devices, refreshment stands, and picnic grounds. Amusement concessionaires operating within the park are generally classified in Industry 7999. ■ Amusement centers and parks (not fairs, circuses, or carnivals) ■ Amusement parks ■ Kiddie parks ■ Piers, amusement ■ Theme parks, amusement UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 t.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7999: Amusement and Recreation Services, Not Elsewhere Classified SIC Search Description for 7999: Amusement and Recreation Services, Not Elsewhere Classified Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 799: Miscellaneous Amusement And Recreation 7999 Amusement and Recreation Services, Not Elsewhere Classified Establishments primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, riding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primarily engaged in showing or handling animals at shows or exhibitions are classified in Agricultural Services, Industry Group 075. ■ Aerial tramways, amusement or scenic ■ Amusement concessions ■ Amusement rides ■ Animal shows in circuses, fairs, and carnivals ■ Archery ranges, operation of ■ Astrologers ■ Baseball instruction schools ■ Basketball instruction schools ■ Bath houses, independently operated ■ Bathing beaches, public ■ Betting information services ■ Billiard parlors ■ Bingo parlors ■ Boat rental, pleasure ■ Boats, party fishing: operation of ■ Bookies ■ Bookmakers, race ■ Bowling instruction ■ Bridge club, nonmembership ■ Bridge instruction ■ Cable lifts, amusement or scenic: operated separately from lodges ■ Canoe rental ■ Card rooms ■ Carnival operation ■ Cave operation ■ Circus companies ■ Concession operators, amusement devices and rides ■ Day camps ■ Exhibition operation ■ Exposition operation ■ Fairs, agricultural: operation of ■ Fireworks display service ■ Fishing piers ant lakes, operation of ■ Fortune tellers ■ Gambling establishments not primarily operating coin -operated ■ Gambling machines, except coin -operated operation of ■ Game parlors, except coin -operated ■ Games, teaching of ■ Gocart raceway operation ■ Gocart rentals ■ Golf courses, miniature operation of ■ Golf driving ranges ■ Golf professionals not operating retail stores ■ Golf, pitch-n-putt ■ Gymnastics instruction ■ Handball courts, except membership club ■ Horse shows ■ Houseboat rentals ■ Hunting guides ■ Ice skating rink operation ■ Judo instruction ■ Karate instruction ■ Lifeguard service ■ Lotteries, operation of ■ Lottery club and ticket sales to individuals ■ Moped rental ■ Motorcycle rental ■ Natural wonders, tourist attraction: commercial ■ Observation tower operation ■ Off-track betting ■ Pack trains for amusement ■ Parachute training for pleasure ■ Phrenologists ■ Picnic grounds operation ■ Ping pong parlors ■ Pool parlors ■ Racquetball courts, except membership clubs ■ Rental of beach chairs and accessories ■ Rental of bicycles ■ Rental of golf carts ■ Rental of rowboats and canoes ■ Rental of saddle horses ■ Riding academies and schools ■ Riding stables ■ River rafting, operation of ■ Rodeo animal rental ■ Rodeos, operation of ■ Roller skating rink operation ■ Scenic railroads for amusement ■ Schools and camps, sports instructional ■ Scuba and skin diving instruction ■ Shooting galleries ■ Shooting ranges, operation of ■ Skating instruction, ice or roller ■ Skeet shooting facilities, except membership clubs ■ Ski instruction ■ Ski lifts, cable lifts, and ski tows operated separately from lodges ■ Ski rental concessions ■ Slot -car racetracks ■ Sporting goods rental ■ Sports instructors, professional: golf, skiing, swimming, etc. ■ Sports professionals ■ Swimming instruction ■ Swimming pools, except membership ■ Tennis clubs, nonmembership ■ Tennis courts, outdoor and indoor operation of, nonmembership ■ Tennis professionals ■ Ticket sales offices for sporting events, contract ■ Tourist attractions, natural wonder commercial ■ Tourist guides ■ Trampoline operation ■ Trapshooting facilities, except membership club ■ Waterslides, operation of ■ Wave pools, operation of ■ Wax figure exhibitions • Yoga instruction UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 t.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement ATTACHMENT M ISLES OF CAPRI DETERMINATIONS TIMELINE DATE TYPE PROJECTID ZONING REQUEST RESPONSE 3/30/2015 ZLTR PL20150000572 C-3 Questions regarding proposed temporary food trucks while restaurant is closed no permit is required as long as the mobile vendor remains mobile, a TUP is 241 Center Street required to stage, solicit business, and/or provide seating 11/30/2015 SIP PL20150001702 C-3 Site Plan Approval 4 food trucks, temporary, parking required per LDC sufficient to serve existing 241 Center Street restaurant 4/6/2016 ZLTR PL20160000519 C-4-BMUD-NC For a ZVL regarding "what is best described as a food truck park" "... the County herewith finds the proposed use to be of such a unique nature Bayshore Drive/Becca Avenue (detailed description includes the following: The use is also described in SIC 5812 that staff can only say that the proposed uses are consistent with the purpose and SIC 5963. Connections to potable water, grease traps and sewer would be and intent statements of both the C-4 and BMUD-NC districts ... however, the available at each pad similar to an RV park. LDC does not specifically allow all of the proposed uses in either district. Zoning Services Staff is of the opinion that said uses could be approved by means of either pursuing Conditional Use authorization and/or a finding that said uses are comparable to those specifically permitted within the zoning district". 8/26/2016 ZVL PL20160001881 C-4-BMUD-NC A determination that the use of "food truck park" is comparable with the By ZVL dated April 5, 2016, Ray Bellows stated that the proposed uses are Bayshore Drive/Becca Avenue permitted use in the C-4 district of "eating and drinking establishments". consistent with the purpose and intent statements of both the C-4 and BMUD-NC BMUD-NC also permits "bars" and "restaurants". districts. The Planning Manager has determined that the requested use is comparable and compatible to the other permitted uses in the district and is therefore a permitted use. In order to become valid, this determination requires affirmation by the Hearing Examiner 9/22/2016 CUD PL20160001881 C-4-BMUD-NC Affirmation of a Zoning Verification Letter issued by the Planning and Zoning Approves Petition ZVL(CUD)-PL2016000181 - and affirms staffs determinations Bayshore Drive/Becca Avenue Department pursuant to LDC Section 10.02.06, in which County staff as stated in the Zoning Verification Letter determined that the proposed use of food truck park is comparable in nature to pert other permitted uses in the General Commercial - Bayshore Mixed Use Overlay District - Neighborhood Subdistrict (C-4-BMUD-NC) 1/17/2019 SDPI PL20180003127 C-3 Site Plan Approval Add four (4) food trucks Hitching Post Shopping Center 7/25/2019 SIP PL20180002710 C-3 Site Plan Approval If permanent, then SDP required & structure must meet setbacks/arch. Hitching Post Shopping Center standards, etc. Parking per walk-up restaurant: 1/80 Sq Ft or 1/2 seats plus 1/200 Sq ft for non-public spaces 12/9/2019 ZLTR PL20190002574 I Is a food truck park permitted under Eating Establishment (SIC 5812) Zoning staff is of the opinion that 5812 SIC code is the most applicable to this 1995 Elsa St type of use and thus would consider this use a permitted use in the industrial (I) district where the site is located What is the required parking calculation for a food truck park (both with and Staff has reviewed the parking space requirements listed in LDC 4.05.04 and has without a bar) determined that parking for a food truck park without a bar at the proposed location would be subject to the parking requirement applicable to "Restaurant or Is a food truck park permitted on the subject property (with or without a bar) (walk-up or drive through with walk-up window and outdoor dining)" ZLTR PL20200001955 C-3 Is a food truck park permitted on the subject property (with or without a bar) Isles of Capri What is the required parking calculation for the proposed 'food truck park' at the subject location (with and without a bar) 7/29/2021 SDP PL202000001903 C-3 Site Plan Approval Isles of Capri This district permits restaurants/food truck establishments (SIC code 5812) by right but the bar use requires a separate conditional use approval The required parking will be: Restaurant/food truck areas: 1 space/200 sq.ft.of non-public areas plus 1 space per 2 seats; Bar area: 1 space/50 sq.ft. plus 1/75 sq. ft. for any outdoor eating/drinking areas Food Truck Park: nine (9) food trucks 8/4/2021 INTP PL20210000943 C-2/C-3 Confirm that a "Food Truck Park" is not a permitted use in C-2/C-3 districts Food Truck Park is a permitted use in C-2/C-3 districts Confirm that a "Food Truck Park" may not be deemed a permitted use within Food Truck Park is a permitted use in C-2/C-3 districts the C-2/C-3 zoning districts Confirm that the UDC must be amended to allow Food Truck Parks as an An LDC amendment is not required to permit Food Truck Parks allowed use 1 ZLTR PL20210001748 C-3 To confirm that food trucks are comparable in use as an Eating Place Staff has reviewed the Hex determination as well as the zoning letter provi Hitching Post Food Truck Park (SIC 5812) as established through the Comparable Use Determination approved the applicant can definitely say that the detemination made by the hearing PL-20160001881 approved on September 26, 2016 by the Hex Examiner. examiner is correct Furthermore, PL-20190002574 also confirmed that food trucks were considered under the same classification as a restaurant To confim that a food truck located at a site on a permanent basis and with a According to the Collier County Building Official a food truck/trailer that is located in lease for more than thirty 30 days would be considered a permanent structure a designated food truck spot and is road ready then a permit will not be required if it is there for longer than 30 days but if the truck/trailer is pemanently affixed in a location meaning it is not road ready then a permit will be required 10/2/2021 ATTACHMENT N CHARLES ] THOMAS Real Estate Planning & Development Consultant OBJECTIVE Challenging and meaningful planning and development assignments EXPERIENCE 1970 - Present Professional Real Estate Planning and Development Consultant Successfully completed a wide variety of assignments, including comprehensive plans, urban redevelopment and urban design plans and implementation programs, project conceptualization, feasibility analyses, financial analyses and financing presentations, project planning and permitting, environmental remediation, project management, including creation of governing documents, marketing materials and program, implementation, zoning (land development code) revisions and recodifications, parking needs analyses, and special studies. Assignments have been performed in all New England states, New York, Arkansas, Oklahoma, Mississippi, Florida and mainland China. 2008 - 2010 Fifth Avenue South Business Improvement District Managed the creation of the Fifth Avenue South Business Improvement District (FASBID) and served as its first Executive Director 1982 - 2008 Director of Development, Antaramian Development Corporation Responsible for all aspects of real estate development with regard to a wide range of real estate developments in Massachusetts and Florida 1972 - 1982 City of Newton, Massachusetts Director of Planning and Development (1972-1980) Commissioner of Public Works (1978-1982) 1970 - 1972 Town of Wellesley, Massachusetts Planning Director CURRENT and RECENT ASSIGNMENTS Naples Mini -Triangle Development, Naples. Florida: Performance of due diligence, owner representation regarding Site Development Plan (SDP) approval, master developer approvals including Plat approval and governing documents for a 270 units multi -family development within a Mixed Use Planned Unit within the Bayshore Gateway Triangle Redevelopment Area, Naples, Florida. Community Redevelopment Area (CRA). Everglades Isle, Everglades ity, Florida: Land Development Code amendment, Re -Plat approval and Development Order to permit Cluster Housing development. West Terry StreetReZone, Bonita Springs, Florida: Proposed Planned Development ReZone to enable preservation of existing duplex development as anaplesflorida@msn.com P.O. Box 1615 - Naples, Florida 34106 — Phone: 239-450-4544 RECENT CLIENTS EDUCATION as affordable housing resource Multiple Properties, Old Bonita Springs, Florida: Research and analysis of potential development opportunities presented by the adoption of a Form -based development code within the downtown Old Bonita Springs Community Redevelopment Area. Jasper Flats, Naples, Florida: Assumption of responsibility for completion of approval process, including Site Development Plan (SDP) approval, permits and governing documents for 54 unit multi -family project Naples Downtown Assemblage, Naples, Florida: owner representation regarding acquisition, conceptual planning and rezoning of assemblage of property in downtown Naples, Florida. Food Truck Proposal, Naples, Florida: Analysis of Land Development Code provisions applicable to food ftrucks The Brookline Companies Barron Collier Companies Neapolitan Enterprises Moorings Park, Naples, FL Florida Gulf Coast University AutoZone 7-Eleven Baldridge Properties, LLC Signature Properties University of Rhode Island Kingston, RI M.A., Community Planning and Urban Development, 1970 Massachusetts Institute of Technology Cambridge, MA B.S., Political Science, 1968 CIVIC and PROFESSIONAL ACTIVITIES AND OTHER INTERESTS Baker Park Master Plan; Naples, Florida: Participant in pro bono effort of community design, planning, landscape architecture and engineering professionals to create a master plan for the development of a new riverfront park adjacent to downtown Naples. Park completed and opened: November, 2019. Fifth Avenue South Special Overlay District Staff Actlon Committee (SAC); Member (Approx. 10 years). Appointed Committee responsible for design review and approval of all new construction, renovations, signage and other physical improvements, and allocation of reserve parking, within the Fifth Avenue South Special Overlay District Fifth Avenue South Business Improvement District, Naples, Florida: Creation of the Fifth Avenue South Business Improvement District (FASBID), approved by the Naples City Council, 2011; served as its first Executive Director ctnaplesflorida@msn.com P.O. Box 1615 - Naples, Florida 34106 — Phone: 239-450-4544 Fifth A venue South Business Association, Naples, Florida: Member of Board of Directors; President (Approx. 8 years) The Maxine Barrat Story Producer: The Maxine Barrat Story, a made for Television production "From Chocolate Bars to Caviar" featuring Maxine Barrat and Florence Henderson. United Arts Council of Collier County Member, Board of Directors: 2003 to 2010 The New Reparatory Theatre, Newton, Massachusetts Business and production manager, Lighting designer and operator, Set designer, Construction manager, Stage crew during the formation of a professional reparatory theatre company. Rowing Coxswain: Massachusetts Institute of Technology, 1965-1968, 1st varsity, 1967-1968; Union Boat Club, 1965-1968, Coach: University of Rhode Island, 1969-1970. Softball Tennis Cooking ctnaplesflorida@msn.com P.O. Box 1615 - Naples, Florida 34106 — Phone: 239-450-4544 REPRESENTATIVE ASSIGNMENTS Property Analyses 82 911 Street South, Naples, Florida: Mixed -use development within the Naples Community Redevelopment Area (CRA), development program and site plan completed, 2019. 400 Fifth Avenue South, Naples: Acquisition analysis: 2017 Confidential Client. Luxury residential and hospitality project, zoning and land use analysis, financial analysis and financing presentation, 2013. Third Street Parking Study, Naples, Florida: Multiple commercial properties; inventory and analysis of off-street parking requirements for multiple commercial properties in single ownership, 2013. Florida Gulf Coast University, Lee County, Florida: Campus Planning, South & Buckingham Campuses, 2011. Bachelor Tower. Miami, Florida: Entitlement and development analysis of a proposed mixed use high rise development, 2010. Various Properties Analyses of development opportunities in the Naples, Florida area. Property Entitlements Tree Farm MPUD, Collier County, Florida: Amendments to the Tree Farm Mixed - Use Planned Unit Development (MPUD) to increase residential entitlements, integration of abutting Tree Farm and Addie's Corner Planned Developments, capture of additional residential density through inclusion of residential units within the commercial component of the Tree Farm MPUD, preparation of governing documents, and application for plan approvals and permits, development in progress, 2019 — 2021. 1100 61h Avenue South, Naples, Florida: Mixed -use development consisting of existing restaurant and construction of 5luxury residences, property sold and entitlements not exercised, 2020. 82 91h Street South, Naples: Property analysis, demolition of existing structures, identification of development concepts, plan approval and entitlement in process, 2019. 101 6*h Street South, Naples, Florida: 18 unit transient lodging facility for 101 Development Group, LLC. 1075 Central Avenue (now 1111 Central), Naples, Florida: 212 unit multi -family residential development, original entitlements for Baldridge Properties, LLC, 2014. Lighthouse Point (now Mangrove Bay), Naples, Florida: 58 unit residential development; original entitlements for Signature Development Group, 2013. 505Fifth Avenue South, Naples, Florida: mixed -use commercial residential z building, 2012. 525-529 Fairway Drive, Naples, Florida: subdivision lot split for two attached dwelling units (private client), 2013. 1493 Blue PointA venue, Naples, Florida: canal dredging and seawall construction For Porter Van Arsdale Construction, 2012. West Boulevard Court, Naples, Florida: development conceptualization and entitlement, four single family dwellings in multi -family zoning district for WBC Partners, LLC, 2012. 500 Goodlette-Frank Road, Naples, Florida: Feasibility and permitting analysis for convenience store with fuel pumps (for 7-Eleven), 2011. ctnaplesflorida@msn.com P.O. Box 1615 - Naples, Florida 34106 — Phone: 239-450-4544 Zaara Gardens, Westborough, Massachusetts Comprehensive Permit Review: low and moderate income housing project (Town of Westborough, with Thomas Planning Services), 2010. Fairfield Inn, Naples Florida; Development conceptualization, feasibility analysis, Design coordination and permitting of the repositioning of an existing hotel, including the preparation of a Parking Needs Analysis supporting entitlements to add a 39,000 square foot office building to the property through utilization of shared parking. 2007. Parking Needs Analyses Naples Bay Resort, Naples, Florida: Mixed -use residential, commercial, hospitality, club and marina development; initial entitlements and ongoing revisions, ongoing assignment. Confidential Client. Peer review, luxury residential and hospitality development, 2019. 9001sr A venue North, Naples Wine Solutions, NRE Design Park, Naples, Florida: 2016. Moorings Park Grande Lake, Golden Gate Parkway, Naples Florida: assisted and independent living facility. 4099.9t' Street North, Naples, Florida: 2016. Port-O-Call Marina, Naples, Florida: Fleet reconfiguration, 2016. Bellasera, Naples, Florida: Proposed expansion, 2016. Bayfront Inn Fifth Avenue, Naples, Florida: Restaurant and amenity expansion, 2011. Fairfield Inn, Naples, Florida (see above): 2007. Special Projects 936 5*h Avenue South, Naples: Demolition of vacant building, environmental remediation and entitlements for commercial redevelopment in progress, 2019. 865-895 Fifth Avenue South, Naples: Environmental remediation, abandoned tank removal completed, monitoring on -going, 2019. Bay Club of Naples, Florida: 801 12' Avenue South & 1165-1189 8t" Street South, review and analysis of development proposal, 2016. 1234 B~h 5treet5outh, Naples, Florida: Permit review and analysis, 2016. RaceTrac @ Palm Street, Naples: Petition review and analysis, 2015-16. Gateway/Triangle, Naples, Florida: Participation in competitive process for Developer selection, successfully completed, 2015. Non -woven fabric import business: Participation in preparation of business plan and private placement offerings, 2014. 626 Gulf5hore Boulevard South, Naples, Florida: analysis of historic structure preservation regulations and opportunities, 2013. 375131h Avenue South, Naples, Florida: Review of permits and Parking Needs Analysis, 2012. Thermal Tire Decomposition: Financial analysis and presentation, waste tire recycling process (for Naples Business Consultants). Lemuria Condominium, Naples, Florida: project close-out for The Salce Companies, 2012. Les Falls, Marco Island, Florida: luxury beachfront condominium, project Management and owner representation for the Mady Group. anaplesflorida@msn.com P.O. Box 1615 - Naples, Florida 34106 — Phone: 239-450-4544 International Assignments (with Carol J. Thomas, Thomas Planning Services) Canton Central, Guangzhou, China: Major development plan for new urban center. Mission Park, Shanghai, China: Development conceptualization, feasibility analysis and financing presentation for the adaptive re -use of an historic property as a mixed -use hotel, commercial and residential development. Litigation Support Confidential Clients PROJECTS WITH ANTARAMIAN DEVELOPMENT CORPORATION Renaissance Village, Naples, Florida (now Naples Square): Fully entitled mixed -use development consisting of 300 residential units & 205,000 square feet of commercial space. Naples Bay Resort, Naples, Florida: Mixed -use development consisting of a 84 key condominium hotel, 108 residential cottages, 30 luxury residential units, 98 marina slips and club with fitness facilities, spa, three swimming pools and six tennis courts. Fisherman Village, Naples, Florida: Fully entitled 72 multi -family development consisting of 66 condominium units, 6 detached residences and 42 boat slips. Development deferred due to economic conditions, 2011. The Esplanade, Marco Island, Florida: Mixed -use development consisting of 72 residential condominiums, 50,000 square feet of commercial space and 65 marina slips. 305, 365, 375, 405, 625, 780 & 900 Fifth Avenue South, Naples, Florida: Mixed use retail, office and residential buildings. Fifth/Third Bank Office Building, Fort Myers, Florida, Office building Timberland & Tiburon Planned Development, Estero, Florida: Repositioning of large scale land development. Sale of major components for development of a residential/golf course community and a grocery -anchored commercial center. La Majorca, Fourth Avenue South, Naples, Florida: Residential Condominium. Hamilton Club, Seventh Avenue South, Naples, Florida: Residential Condominium. Marco Shores Golf and Country Club, Marco Island, Florida: Repositioning and revised entitlement of residential, golf course development to permit reconfiguration of golf course and development of low-rise residences and high- rise condominium towers. Marco Island Yacht and sailing Club, Marco Island, Florida: Expansion of boat basin, installation of floating dock system and construction of new waterfront club facility. Essex Condominium, Marco Island, Florida: residential condominium. Pier 81 Condominium, Marco Island, Florida: Mid -rise residential condominium with private docking facilities. Merida, Tampico, Monterrey & Cozumel Condominiums, Cape Marco, Marco Island, Florida: High-rise residential condominium towers in gated beach -front community. Eagle Cay Condominium, Marco Island, Florida: high-rise residential condominium with private docking facilities. ctnaplesflorida@msn.com P.O. Box 1615 - Naples, Florida 34106 — Phone: 239-450-4544 Somerset Condominium, Marco Island, Florida: mid -rise beachfront condominium. Smokehouse Harbour Condominium, Marco Island, Florida: residential condominium with private docking facilities. Dockside Condominium, Marco Island, Florida: Residential condominium with private docking facilities. Burroughs Wharf, Boston, Massachusetts Completion of residential condominium located on former coal docks on Boston Harbor. Village Falls, Newton, Massachusetts Residential condominium. Ledgebrook, Newton, Massachusetts Residential Condominium. 400 Centre Street, Newton, Massachusetts Mixed -use residential, commercial complex. Waterbridge, Watertown, Massachusetts Residential condominium. Avery Park, Needham, Massachusetts Residential condominium. Adaptive re -use Of historic school and new construction. 1087Beacon Street, Newton, Massachusetts Office building Winchester Park, Newton, Massachusetts Residential townhouse Condominiums etnaplesflorida@msn.com P.O. Box 1615 - Naples, Florida 34106 — Phone: 239-450-4544 ATTACHMENT C GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects April 15, 2021 Ms. Anita Jenkins, Planning and Zoning Director Growth Management Division/Planning and Regulation 2800 North Horseshoe Drive Naples, FL 34104 RE: Request for Official Interpretation Dear Ms. Jenkins: On behalf of FCC Beach & Yacht, LLC, we are requesting an official interpretation of the Collier County Land Development Code (LDC). LDC Section 1.06.02 D. provides that an official interpretation may be requested by any affected person, resident, developer, landowner, government agency or department, or any person having a contractual interest in land in Collier County. FCC Beach & Yacht, LLC is a landowner of C-3 zoned property in Collier County and is eligible to seek the official interpretation of the LDC. The applicant seeks to confirm that a "Food Truck Park", "Food Truck Court", or "Mobile Food Vending Park", is not a permitted use in the C-2 and C-3 Zoning Districts, or within any commercial component of a Planned Unit Development (PUD), unless the specific use of a "Food Truck Park", "Food Truck Court", or "Mobile Food Vending Site" (hereinafter collectively referred to as "Food Truck Park") is identified as a permitted use within the commercial zoning district or commercial component of a PUD. This interpretation also seeks to confirm that a "Food Truck Park", may not be deemed a permitted use within the C-2 and C-3 Zoning Districts, or any commercial component of a PUD. The interpretation seeks to confirm that the LDC must be amended to allow Food Truck Parks as an allowed use assuming the Board of County Commissioners agrees such a use should be allowed. As explained in this letter, a Food Truck Park is significantly different than a restaurant and should not be interpreted to be a restaurant. The term: "Food Truck Park" is not defined in the Collier County LDC, Ordinance 2004-41, as amended. LDC Section 2.02.03, Prohibited uses states the following: "Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. " Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Ms. Anita Jenkins, Planning and Zoning Director RE: Request for Official Interpretation April 15, 2021 Page 2 of 6 Because a Food Truck Park is undefined in the LDC, it is prohibited unless an official interpretation of the LDC is issued which then determines that the above described "Food Truck" use is a permitted use pursuant to LDC 2.03.00 A., and LDC 10.02.06 K. Comparable Use Determination, which state: LDC 2.03.00 A. A. Rules for Interpretation of Uses. In any zoning district, where the list of permitted uses contains the phrase "any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purpose and intent statement of the district" or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted uses, which requires the discretion of the County Manager or designee as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in LDC section 10.02.06 K. LDC section 10.02.06 K. K. Comparable Use Determination. 1. The following Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. 2. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing based on the following standards, as applicable: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours, ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use, iv. Number and type of required parking spaces, and v. Business practices and activities. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, Ms. Anita Jenkins, Planning and Zoning Director RE: Request for Official Interpretation April 15, 2021 Page 3 of 6 where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. e. Any additional relevant information as may be required by County Manager or Designee. 3. The Administrative Code shall establish the process and application submittal requirements to obtain a Comparable Use Determination. It is my expert planning opinion that a "Food Truck Park" is not a comparable use to any other commercial use identified in the Collier County LDC within the C-2 and C-3 Zoning Districts or any commercial component of a PUD. In my expert planning opinion, a "Food Truck Park" does not have similar characteristics to any other use permitted by right or conditional use in the C-2 and C-3 Zoning Districts or commercial component of a PUD. Specifically, a Food Truck Park is not comparable to a restaurant. The American Planning Association has published a Planning Advisory Service Report, PAS EIP-36, November 2015 titled Regulating Food Trucks. The Report provides an array of local government ordinances in which a multitude of local governments have developed specific zoning and permitting guidelines to address among other considerations, food safety, traffic, noise and neighborhood compatibility. These many local governments did not determine that a "Food Truck Park" is the same use as a restaurant. Communities such as San Antonio, Texas have determined that there are potential negative economic impacts associated with "Food Truck Parks". The "Food Truck Park" use is not comparable to a restaurant in that it is not located in a brick - and -mortar facility and does not meet any Collier County LDC definition for a restaurant. The LDC defines restaurant and the types of restaurants as follows: Restaurant: A building or part of a building where food is offered for sale or sold to the public primarily for immediate consumption. 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, fast food: An establishment where food is prepared 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: Ms. Anita Jenkins, Planning and Zoning Director RE: Request for Official Interpretation April 15, 2021 Page 4 of 6 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. A "Food Truck" is not a permanent structure and there are no LDC provisions relating to the use and operation of a "Food Truck". There are numerous Collier County code provisions that govern and regulate where and how a restaurant may operate. There are no such code provisions relating to "Food Truck Parks". Furthermore, restaurant sizes are specifically limited in the C-2 and C3 Zoning Districts. A Food Truck Park could collectively exceed the square footage limitation for a restaurant because the food truck is not considered a permanent structure and does not count towards a restaurant's square footage. In addition, food truck park could include multiple acres, have an unlimited number of food trucks, allow hundreds of patrons, include an outdoor bar, include an outdoor band area and not exceed the permanent structure limitations associated with a restaurant. The very nature of a Food Truck Park is more like an amusement/entertainment use and not a restaurant use. Other communities that have specifically addressed "Food Truck Park" and "Food Trucks" have included restrictions specifically for this use. Evanston, Illinois for example prohibits a "Food Truck" from being located within 100' of a fixed location restaurant, unless consent is provided by the restaurant owner. Evanston also establishes separation standards from a school, prohibits outside amplified sound, limits hours of operation and requires access to restroom facilities. Similarly, Raleigh, North Carolina regulates food trucks by setting licensing guidelines, establishing a separation from residential zones, maximizing the number of mobile vendors that may congregate, and only permitting amplified sound by City Council approval. These and many other communities have distinguished a "Food Truck" from a restaurant use due to the obvious physical and operational differences compared to a conventional restaurant. While some communities have embraced "Food Trucks" and "Food Truck Parks" as an opportunity to expand food choices within a community, most have also established clear permitting guidelines for this use in order to protect the health, safety and welfare of their Ms. Anita Jenkins, Planning and Zoning Director RE: Request for Official Interpretation April 15, 2021 Page 5 of 6 communities. These communities have recognized the unique characteristics of a "Food Truck" and "Food Truck Park" and determined that without location and operational standards the use is not permitted. The ITE Manual only recently began to include the use category for a "Food Court Pod" as a service industry. The study area was based only in Oregon and looked only at a limited number of sites and may not reflect the traffic associated with a Food Truck Park in Southwest Florida, which has year-round outdoor dining opportunities. Depending on the location a Food Truck Park, may generate far greater and vastly different traffic volume and associated vehicles associated with the use. The LDC does not contemplate a "Food Truck Park" and does not establish parking requirements for the use. Depending on the location of such a "Food Truck Park", parking and other impacts may not be similar to that of a brick -and -mortar restaurant use. With regard to Business practices and activities, a "Food Truck Park" by its nature will have almost all activities occurring outdoors, with little if any indoor dining or activity. Further, the mobile nature of the food trucks themselves require sources of power often in the form of a portable generator, which generates noise and odor, which without control may be incompatible with nearby residences, schools, or business activities. The use is largely an outdoor use with regard to dining and patron congregation, lawn games, and often an emphasis on outdoor entertainment, including live or amplified music. If not properly located and regulated, the use could quickly take on a party or amusement park atmosphere, which would be clearly incompatible with surrounding residential uses or other business operations. In my professional planning opinion, a "Food Truck Park" is not a permitted use contemplated in the Collier County LDC, nor does it meet the standards for the Hearing Examiner to determine that the use is a comparable land use to other uses permitted in the C-2 and C-3 Zoning Districts and commercial components a PUD. Without specific limitations, guidelines, and standards for a "Food Truck Park", this use cannot be determined to have no impact on neighboring properties with regard to noise, glare, or odor, nor would it be compatible in all instances given the location of the County's commercial zoning districts which in many cases are proximate to residential uses. Further, every PUD is unique and clearly a "Food Truck Park" would not be compatible in every commercial component of a PUD where for instance a restaurant use is allowed. Collier County has limited the location and effectively the number of other uses in our community based on the real and perceived impacts of that use. For instance, a convenience store with fuel pumps is subject to a very specific set of development standards that controls location, building architecture and signage, landscape buffers and building placement. Many other uses require a conditional use approval which is a public hearing process to enable the public to provide input. Given the unique nature of a "Food Truck Park" it is my professional expert opinion that a Food Truck Park is not comparable or compatible with other permitted uses found in the C-2 and C-3 Zoning Districts and commercial components of a PUD and therefore, are not permitted uses in Ms. Anita Jenkins, Planning and Zoning Director RE: Request for Official Interpretation April 15, 2021 Page 6 of 6 those districts. Accordingly, we are requesting an official interpretation that Food truck Parks are not permitted uses in the C-2 and C-3 Zoning Districts and commercial components of a PUD. Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, D. Wayne Arnold, AICP warnold@gradyminor.com c: FCC Beach & Yacht, LLC Richard D. Yovanovich GradyMinor File (GBFI-21) a 0 I N 7 0 0 i ;n i rn 3 C 0 a_ a> +• 0 I 0 0 N I 0 0 0 N I U a) LO i iJ a� O `1 Q a_ Y U Of 0 0 0 it Q U 0 w J i i U) 0 .21 a_ 0 a E 0 U i I BUILDING AREA BREAKDOWN I • �1 >� O, •e 6 dg PAN. _ few Pill � /T�' O/ i I.d • II i' • 1��Yr �Ti2:i � • ohs.• ��,1= /-1,_ i&� .� �•�� ,, I•�•' ♦•�•�•� • � � • i-c���-Ili � •- �1�:♦-�jl /�=r�g� \ • • (.���� a L•�i� �♦•� .•� � � c- "r . 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A-ST LAND USE: BAY Reviewed and Approved For: Permit Issuance PL20200001903 Date:7/29/2021 RESTAURANT FLOOR AREA CALCULATIONS AREA (SF) FOOD TRUCK PADS 1,728 GROUND -LEVEL BATHROOMS/ GIFT SHOP 1,204 GROUND -LEVEL RESTAURANT SEATING AREA 1,005 MID -LEVEL RESTAURANT SEATING AREA 864 UPPER -LEVEL RESTAURANT SEATING AREA 1,194 TOTAL 5,995 ADJACENT RESIDENTIAL USES* *AS MEASURED FROM THE EXTENTS OF THE OUTDOOR SERVING/SEATING AREAS DISTANCE TARPON VILLAGE 243' E PAGO PAGO DR. 1 ,304' E HILO ST. 1,461' TRINIDAD ST. 1 ,774' SAN SALVADOR ST. 2,153' TAHITI ST. 2,492' CRISTOBAL ST. 1 ,085' ANTIGUA ST. 1 ,437' LUZON AVE. 960' GRENADA AVE. 949' PANAY AVE. 913' SAMAR AVE. 1 ,291' SAN JUAN AVE. 1 ,718' LEGEND PROPOSED PAVED SURFACE PROPOSED #57 STONE (WASHED) - 2" DEEP ZI PROPOSED #57 STONE (WASHED) - 2" DEEP; SUPPORTED WITH GEOPAVE a° PROPOSED CONCRETE SECTION \, \,� TURF BLOCK PAVERS MANGROVE/ WETLAND AREA XX PARKING COUNT (GOLF CARTS) OPARKING COUNT (VEHICLES) PLANNING NOTES: 1:04E DAVIDSON E N G I N E E R I N G ESTABLISHED '^99nk 4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 Company Cert. of Authorization No. 00009496 ZONING: C-3 ` DEVELOPMENT TYPE/LAND USE: RESTAURANT/ EATING ESTABLISHMENT \ BUILDING CONSTRUCTION TYPE: TYPE III-B NOT SPRINKLERED TOTAL BUILDING FOOTPRINT AREA: 3,083 SF GROSS FLOOR AREA: 2,880 SF BUILDING AREA UNDER ROOF: 3,083 SF (ONLY GROUND FLOOR OF EXISTING BLDG. IS FOR RESTAURANT USE) BUILDING USE: RESTAURANT/ EATING ESTABLISHMENT MAXI UM PR VIDED BUILDING HEIGHT (ZONED - EXISTING BLDG): 50' 19'-6" BUILDING HEIGHT (ACTUAL - EXISTING BLDG): 50' 31'-3" BUILDING HEIGHT (ZONED - CHICKEE HUT): 50' 7'-1'® REQUIRED PROVIDED MINIMUM LOT AREA: 10,000 SF 29,621 SF MINIMUM LOT WIDTH: 75' 85' HOURS OF OPERATION OUTDOOR SERVING AREAS: 7:00 AM - 10:00 PM OUTDOOR LIVE PERFORMANCE/ AMPLIFIED MUSIC: 12:00 PM - 10:00 PM PARKING CALCULATIONS RESTAURANT (WALK-UP WINDOW W/OUTDOOR SEATING) O 1 SPACE/80 SF OR 1 PER 2 SEATS, WHICH EVER IS GREATER; PLUS 1 SPACE/200 SF OF NON -PUBLIC -USE AREA CLIENT: PUBLIC -USE RESTAURANT AREA @ 4,267 SF (SEE FLOOR AREA CALC TABLE) 4,267 SF/ 80 SF = 53.3 SPACES REQUIRED OR 1 PER 2 SEATS ® 151 SEATS 151 SEATS/ 2 SEATS = 75.5 SPACES REQUIRED AND SITE LOCATION MAP BUOY 1, LLC 292 CAPRI BLVD NAPLES, FL 34113 NON-PUBLIC USE AREA ® 1,728 SF (SEE FLOOR AREA CALC TABLE) PROJECT: 1,728 SF/ 200 SF = 8.6 SPACES REQUIRED TOTAL RESTAURANT PARKING REQUIREMENT = 75.5 + 8.6 SPACES = 84 SPACES ISLES OF CAPRI- FUTURE CARETAKER PARKING REQUIREMENT PER LDC @ 2 SPACES PER UNIT -(2ND STORY INDOOR EXISTING BUILDING) FOOD TRUCK PARK TOTAL REQUIRED PARKING = 86 SPACES TOTAL PROVIDED PARKING = 103 SPACES* *NOT IN EXCESS OF 120% OF THE REQUIRED PARKING -BOAT DOCKS NOT COUNTED IN PARKING REQUIRED OR PROVIDED --65 PARKING SPACES ON SITE W/PRIMARY USE (75 6% OF THE REQUIRED PARKING) ° REQUIRED BICYCLE PARKING = 5% OF REQUIRED PARKING: 5% OF 86 SPACES = 4 SPACES PROVIDED BICYCLE PARKING = 8 SPACES HANDICAP PARKING REQUIRED FOR 101-150 SPACES: 5 ADA SPACES HANDICAP SPACES PROVIDED: 6 SPACES 1 LOADING SPACE REQUIRED/PROVIDED FOR SUBJECT OPERATION REVISIONS: REV. DATE DESCRIPTION 04/27/21 REVISED PER CC RAI 0 05/12/21 REVISED PER 2ND CC RAI OFF -SITE PRESERVE: MONETARY DONATION CALC �2 ADD EXOTIC (9�16,000 X 0.002) _ $32 TOTAL $7,007 ROUNDED TO = $7,000 SIGNAGE LEGEND: T PROPOSED STOP SIGN (MUTCD R1-1) & 24" STOP BAR PER FDOT INDEX 71 1-001 \ ADA "PARKING ONLY" SIGN \ NO VEHICULAR ACCESS. EMERGENCY VEHICLE AND PEDESTRIAN ACCESS ONLY" SIGN ® PROPOSED 3-WAY SUPPLEMENTAL SIGN (MUTCD R1-3) SITE / LAND USE SUMMARY FOOD TRUCK PARK IMPERVIOUS USE ACRES % OF SITE BUILDING AREA PAVEMENT/SIDEWALKS 0.13 0.56 ACRES ACRES 6.0 0 25.3% TOTAL IMPERVIOUS AREA 0.69 ACRES 31.3% PERVIOUS SWALE OPEN SPACE STONE TURF BLOCK PAVERS 0.05 0.63 0.78 0.06 ACRES ACRES ACRES ACRES 2.6% 28.3% 35.0% 2.8% TOTAL PERVIOUS AREA 1.52 ACRES 68.7% TOTAL SITE AREA 2.21 ACRES 100.0% PARKING LOT IMPERVIOUS USE ACRES % OF SITE PAVEMENT/SIDEWALKS 0.16 ACRES 23.6% TOTAL IMPERVIOUS AREA 0.16 ACRES 23.6% PERVIOUS SWALE OPEN SPACE STONE 0.10 0.22 0.20 ACRES ACRES ACRES 14.6% 32.2% 29.6% TOTAL PERVIOUS AREA 0.52 ACRES 76.4% TOTAL SITE AREA 0.68 ACRES 100.0' A3 06/18/21 REVISED PER CITY OF MARCO ISLAND UTILITIES RAI ® 07/20/21 REVISED PER 3RD CC RAI SHEET TITLE: MASTER SITE PLAN PROJECT NO.: 20-0105 SCALE:1:30 N JEFF L. DAVIDSON, RE NO. 47161 ANDREW E. RATH, P.E. NO. 73996 RYAN A. WHITE, P.E. NO. 67400 LEE A. DAVIDSON, P.E. 90969 SHEET NO: C-20.00 a i N 0 N 0i N a 0 V) L Q a a 0 U c 0 c 0 3 Z o_ w U Z 0 U w i V) m_ X w ca Q) 0 0 L U) U 0 V) Y ry n Y U D o' 0 0 0 1 o_ U 0 w J U 0 0 0 U Q 2 1 ST FLOOR 1,500 SF / N LL / 2ND FLOOR: 650 SF / / o •LLL LLL LL R49' LLL ,d, T ` �/ R25 ci / \ �� • 2/ S m. / \\ o O R25'— \ \ \ LEGEND: \ \ \ PAVED ASPHALT \ \ \ EMERGENCY ENTRANCE/ EXIT \ \ CONCRETE 2ND STORY BUILDING OUTLINE m EMERGENCY VEHICLE ACCESS; 1 PROPOSDEDAEVAC TO BE COT ORD. Q���V \ \ \ \ \ DESIGNED BY OTHERS 8-� \ \ I (cN0 0Ty R\ \\\ 80, Rop�eC/ \ \ \ _Q \\ \\ e�C \ �v m / �� 10 \1ST FLOOR: 3,000 cn2 D FLOOR: 3,000 SF 1-1, \ \10 RAG (v� \ oN\S/TF m \ ' L • 8 / 3 LLL ,..a 2�, / / `�\ \ LLLLLL LLLLLLLLLLL LLL • / R / 10 o / 2S' T1 / \ � LLbLLLLLLLLLLL / � \ / pR R N \ ,� LLLLL�LLLLLLLLLL 0 FQ' CTi / LLLLLLL�LLLLLLLLLL / /\ \ LLLLLLLLLLLLLLLLL�LLLLLLLL FrB O & �� \ LIEL LLLLLLLLLL L�LLL��LLLLLLL LLLLLLL �L LLL LLLLLLL LLLLLLL LLLLLLLLL-LLL / \ LLLLLLLL LLLLLLLL / GV LLLLLLLLLLLLLLLL / Q / LLLLLLLLLL LLLLLLLLL LLLLLLLLLLbLLLLLL LLLLLLLLLL'�LLL O LLLLLLL LLL LLLL L �2 0) c/f R49' / O PLANNING NOTES: 9 � \ m' �� / S' ZONING: C-3 91 // PARKING REQUIREMENTS: 72 • \ / / \ / / e� °ii m� SITE 1 / / \ 6 V` / O RESTAURANT (SIT—DOWN) \ / (1) 1 SPACE/60 SQ. FT. G.F.A (FRONT OF HOUSE OPERATIONS) A_ / AND 78, \ \ / \ 6 Q'Q7(2) 1 SPACE/200 SQ. FT. G.F.A (BACK OF HOUSE OPERATIONS) �� / \ \ / �• / Q��� 0) USE G.F.A. = 2,150 SQ. FT.: 9' '6 / *C� ��� ��' (1) 2,150 SF * 60% = 1,290 SF /\ \ •.., 1,290 SF/ 60 = 22 SPACES REQUIRED / \ • \ LLLLL \ / \ AND O �� � �0�/� LLLLLL / \ CO O ,O V� LLLLLL / �/ LLLLLd�, (2) 2,150 SF * 40% = 860 SF �Q LLLLLLL /\ Q� 860 SF / 200 = 4 SPACES REQUIRED LLLLLL / �7 LLLLLLL / \ N40 = 26 SPACES REQUIRED / \ 4z �� LLLLLL , O = 26 SPACES PROVIDED \ LL�LLLLL m e�O S' \ LLLLLLL,` C SFFQ� HANDICAP SPACES REQUIRED (INCLUDED IN OVERALL PARKING PROVIDED): O \ LLLLLL LLLLLL L / Te�C� 26 SPACES TO 50 SPACES: 2 SPACES REQUIRED 2 SPACES PROVIDED LLLLLL /' \ SITE 2 \ LLL RESTAURANT (SIT—DOWN) / SITE 2: (1) 1 SPACE/60 SQ. 'AND A (FRONT OF HOUSE OPERATIONS) TOTAL PARKING ON —SITE 50 J' / 2ND FLOOR: 1,01 0 SF SF (2) 1 SPACE/200 SQ. FT. G.F.A (BACK OF HOUSE OPERATIONS) USE G.F.A. = 4,150 SQ. FT.: O (1) 4,150 SF 2,490 SF/60 * % 2'490 SF — 42 SPACES REQUIRED / AND (2) 4,150 SF * 40% = 1,660 SF 1,660 SF / 200 = 8 SPACES REQUIRED = 50 SPACES REQUIRED \\� = 50 SPACES PROVIDED \ 'L�2 ' / HANDICAP SPACES REQUIRED (INCLUDED IN OVERALL PARKING PROVIDED): 51 SPACES TO 75 SPACES: 3 SPACES REQUIRED 3 SPACES PROVIDED SITE 3 RESTAURANT (SIT—DOWN) (1) 1 SPACE/60 SQ. FT. G.F.A (FRONT OF HOUSE OPERATIONS) AND / (2) 1 SPACE/200 SQ. FT. G.F.A (BACK OF HOUSE OPERATIONS) USE G.F.A. = 6,000 SQ. FT.: (1) 6,000 SF * 60% = 3,600 SF 3,600 SF/ 60 = 60 SPACES REQUIRED -j- AND (2) 6,000 SF * 40% = 2,400 SF 2,400 SF / 200 = 12 SPACES REQUIRED = 72 SPACES REQUIRED = 84 SPACES PROVIDED HANDICAP SPACES REQUIRED (INCLUDED IN OVERALL PARKING PROVIDED): 51 SPACES TO 75 SPACES: 3 SPACES REQUIRED 3 SPACES PROVIDED 1C)IS DAVIDSON E N G I N E E R I N G M&STABLISHED 1997 4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 Company Cert. of Authorization No. 00009496 SITE LOCATION MAP CLIENT: BUOY 1, LLC 292 CAPRI BLVD NAPLES, FL 34113 PROJECT: ISLES OF CAPRI- FOOD TRUCK PARK ' REVISIONS: ' REV. I DATE DESCRIPTION SHEET TITLE: PROJECT NO.: 20-0105 SCALE: 1:30 N JEFF L. DAVIDSON, P.E NO. 47161 ANDREW E. RATH, P.E. NO. 73996 RYAN A. WHITE, P.E. NO. 67400 LEE A. DAVIDSON. P.E. 90969 SHEET NO: 1 OF 1 NOTE: NOT FOR CONSTRUCTION �C0��E, •��lii III I� I� I► I � V>�� 14 \ All��� AIV IF Aw • i/ �_•_•�•�7•_•_•_•_•- 9 _ 91V42174-MG311 MOM nw, t L 'I •I •I •I •I ��•I•I•I•I I ' - - - - - - - - - • - q Y•_•UMAX OM MIXI-Lold Apt 10 cI I- I101 WM I I -.-.-11115 .-.-.-.-.-�..- ik 011111 Kwu ME ~- ~-�00•��•1I ti- • d Mw +-T!MA DE DAVIDSON E N G I N E E R I N G ESTABLISHED �- - 4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 Company Cert. of Authorization No. 00009496 CLIENT: SITE LOCATION MAP BUOY 1, LLC 292 CAPRI BLVD NAPLES, FL 34113 PROJECT: ISLES OF CAPRI- FOOD TRUCK PARK ' REVISIONS: ' REV. I DATE DESCRIPTION SHEET TITLE: PROJECT NO.: 20-0105 SCALE: 1:25 N JEFF L. DAVIDSON, P.E NO. 47161 ANDREW E. RATH, P.E. NO. 73996 RYAN A. WHITE, P.E. NO. 67400 LEE A. DAVIDSON, P.E. 90969 SHEET NO: 1 OF 1 NOTE: NOT FOR CONSTRUCTION SIC Manual / Description for 5812: Eating Places SIC Search Description for 5812: Eating Places Division G: Retail Trade I Major Group 58: Eating And Drinking Places I Industry Group 581: Eating And Drinking Places 5812 Eating Places Establishments primarily engaged in the retail sale of prepared food and drinks for on -premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. ■ Automats (eating places) • Beaneries ■ Box lunch stands ■ Buffets (eating places) ■ Cafes ■ Cafeterias ■ Carry -out restaurants ■ Caterers ■ Coffee shops ■ Commissary restaurants ■ Concession stands, prepared food (e.g., in airports and sports arenas) ■ Contract feeding ■ Dairy bars ■ Diners (eating places) ■ Dining rooms ■ Dinner theaters ■ Drive-in restaurants ■ Fast food restaurants ■ Food bars ■ Food service, institutional ■ Frozen custard stands ■ Grills (eating places) ■ Hamburger stands ■ Hot dog (frankfurter) stands ■ Ice cream stands ■ Industrial feeding ■ Lunch bars ■ Lunch counters ■ Luncheonettes ■ Lunchrooms ■ Oyster bars ■ Pizza parlors ■ Pizzerias ■ Refreshment stands ■ Restaurants ■ Restaurants, carry -out ■ Restaurants, fast food ■ Sandwich bars or shops ■ Snack shops ■ Soda fountains ■ Soft drink stands ■ Submarine sandwich shops ■ Tea rooms ■ Theaters, dinner UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 k.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 5813: Drinking Places (alcoholic Beverages) SIC Search Description for 5813: Drinking Places (alcoholic Beverages) Division G: Retail Trade I Major Group 58: Eating And Drinking Places I Industry Group 581: Eating And Drinking Places 5813 Drinking Places (alcoholic Beverages) Establishments primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the premises. The sale of food frequently accounts for a substantial portion of the receipts of these establishments. ■ Bars (alcoholic beverage drinking places) ■ Beer gardens (drinking places) ■ Beer parlors (tap rooms) • Beer taverns ■ Beer, wine, and liquors: sale for on -premise consumption ■ Bottle clubs (drinking places) ■ Cabarets ■ Cocktail lounges ■ Discotheques, alcoholic beverage ■ Drinking places, alcoholic beverages ■ Night clubs ■ Saloons (drinking places) ■ Tap rooms (drinking places) ■ Taverns (drinking places) ■ Wine bars UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 k.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance.gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7911: Dance Studios, Schools, and Halls SIC Search Description for 7911: Dance Studios, Schools, and Halls Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 791: Dance Studios, Schools, And Halls 7911 Dance Studios, Schools, and Halls Establishments primarily engaged in operating dance studios, schools, and public dance halls or ballrooms. Establishments primarily engaged in renting facilities used as dance halls or ballrooms are classified in Real Estate, Industry 6512. ■ Ballroom operation ■ Children's dancing schools ■ Dance hall operation ■ Dance instructors ■ Dance studios and schools ■ Discotheques, except those serving alcoholic beverages ■ Professional dancing schools UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 k.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance.gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7948: Racing, Including Track Operation SIC Search Description for 7948: Racing, Including Track Operation Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 794: Commercial Sports 7948 Racing, Including Track Operation Promoters and participants in racing activities, including racetrack operators, operators of racing stables, jockeys, racehorse trainers, and race car owners and operators. ■ Dog racing ■ Dragstrip operation ■ Horses, race: training ■ Horses, racing of ■ Jockeys, horse racing ■ Motorcycle racing ■ Race car drivers and owners ■ Racetrack operation: e.g. horse, dog, auto ■ Racing stables, operation of ■ Speedway operation ■ Stock car racing ■ Training racehorses UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 `800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7991: Physical Fitness Facilities SIC Search Description for 7991: Physical Fitness Facilities Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 799: Miscellaneous Amusement And Recreation 7991 Physical Fitness Facilities Establishments primarily engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other active physical fitness conditioning, whether or not on a membership basis. Also included in this industry are establishments providing aerobic dance and exercise classes. Sports and recreation clubs are classified in Industry 7997 if operated on a membership basis, and in Industries 7992 or 7999 if open to the general public. Health resorts and spas providing lodging are classified in UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 1.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7992: Public Golf Courses SIC Search Description for 7992: Public Golf Courses Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 799: Miscellaneous Amusement And Recreation 7992 Public Golf Courses Establishments primarily engaged in the operation of golf courses open to the general public on a contract or fee basis. Membership golf and country clubs are classified in Industry 7997. Miniature golf courses and golf driving ranges are classified in Industry 7999. ■ Golf club, nonmembership ■ Golf courses, public: operation of UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 1.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7996: Amusement Parks SIC Search Description for 7996: Amusement Parks Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 799: Miscellaneous Amusement And Recreation 7996 Amusement Parks Establishments of the type known as amusement parks and kiddie parks which group together and operate in whole or in part a number of attractions, such as mechanical rides, amusement devices, refreshment stands, and picnic grounds. Amusement concessionaires operating within the park are generally classified in Industry 7999. ■ Amusement centers and parks (not fairs, circuses, or carnivals) ■ Amusement parks ■ Kiddie parks ■ Piers, amusement ■ Theme parks, amusement UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 t.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement SIC Manual / Description for 7999: Amusement and Recreation Services, Not Elsewhere Classified SIC Search Description for 7999: Amusement and Recreation Services, Not Elsewhere Classified Division I: Services I Major Group 79: Amusement And Recreation Services I Industry Group 799: Miscellaneous Amusement And Recreation 7999 Amusement and Recreation Services, Not Elsewhere Classified Establishments primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, riding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primarily engaged in showing or handling animals at shows or exhibitions are classified in Agricultural Services, Industry Group 075. ■ Aerial tramways, amusement or scenic ■ Amusement concessions ■ Amusement rides ■ Animal shows in circuses, fairs, and carnivals ■ Archery ranges, operation of ■ Astrologers ■ Baseball instruction schools ■ Basketball instruction schools ■ Bath houses, independently operated ■ Bathing beaches, public ■ Betting information services ■ Billiard parlors ■ Bingo parlors ■ Boat rental, pleasure ■ Boats, party fishing: operation of ■ Bookies ■ Bookmakers, race ■ Bowling instruction ■ Bridge club, nonmembership ■ Bridge instruction ■ Cable lifts, amusement or scenic: operated separately from lodges ■ Canoe rental ■ Card rooms ■ Carnival operation ■ Cave operation ■ Circus companies ■ Concession operators, amusement devices and rides ■ Day camps ■ Exhibition operation ■ Exposition operation ■ Fairs, agricultural: operation of ■ Fireworks display service ■ Fishing piers ant lakes, operation of ■ Fortune tellers ■ Gambling establishments not primarily operating coin -operated ■ Gambling machines, except coin -operated operation of ■ Game parlors, except coin -operated ■ Games, teaching of ■ Gocart raceway operation ■ Gocart rentals ■ Golf courses, miniature operation of ■ Golf driving ranges ■ Golf professionals not operating retail stores ■ Golf, pitch-n-putt ■ Gymnastics instruction ■ Handball courts, except membership club ■ Horse shows ■ Houseboat rentals ■ Hunting guides ■ Ice skating rink operation ■ Judo instruction ■ Karate instruction ■ Lifeguard service ■ Lotteries, operation of ■ Lottery club and ticket sales to individuals ■ Moped rental ■ Motorcycle rental ■ Natural wonders, tourist attraction: commercial ■ Observation tower operation ■ Off-track betting ■ Pack trains for amusement ■ Parachute training for pleasure ■ Phrenologists ■ Picnic grounds operation ■ Ping pong parlors ■ Pool parlors ■ Racquetball courts, except membership clubs ■ Rental of beach chairs and accessories ■ Rental of bicycles ■ Rental of golf carts ■ Rental of rowboats and canoes ■ Rental of saddle horses ■ Riding academies and schools ■ Riding stables ■ River rafting, operation of ■ Rodeo animal rental ■ Rodeos, operation of ■ Roller skating rink operation ■ Scenic railroads for amusement ■ Schools and camps, sports instructional ■ Scuba and skin diving instruction ■ Shooting galleries ■ Shooting ranges, operation of ■ Skating instruction, ice or roller ■ Skeet shooting facilities, except membership clubs ■ Ski instruction ■ Ski lifts, cable lifts, and ski tows operated separately from lodges ■ Ski rental concessions ■ Slot -car racetracks ■ Sporting goods rental ■ Sports instructors, professional: golf, skiing, swimming, etc. ■ Sports professionals ■ Swimming instruction ■ Swimming pools, except membership ■ Tennis clubs, nonmembership ■ Tennis courts, outdoor and indoor operation of, nonmembership ■ Tennis professionals ■ Ticket sales offices for sporting events, contract ■ Tourist attractions, natural wonder commercial ■ Tourist guides ■ Trampoline operation ■ Trapshooting facilities, except membership club ■ Waterslides, operation of ■ Wave pools, operation of ■ Wax figure exhibitions • Yoga instruction UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 t.800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance DisasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY & HEALTH Frequently Asked Questions A - Z Index Freedom of Information Act - OSHA Read The OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THIS SITE Freedom of Information Act - DOL Privacy & Security Statement Disclaimers Important Web Site Notices Plug -ins Used by DOL Accessibility Statement TRANSPORTATION CONSULTANTS, INC TRIP GENERATION ISLE OF CAPRI FOOD TRUCKS Table 1 Land Uses Land Use Size Food Trucks 9 Trucks/Pods Restaurant (Fast Casual) 4,267 so. ft. Fast Casual Restaurants t 12,300 sq. ft. ua vu a.v1—UPL paaal pacpaa uy Laviu�oa� a.a�gu�cciiug aua� mu�u a�cu un cc ■ao� a.aoua� restaurants (2,150 sq. ft., 4,150 sq. ft. & 6,000 sq. ft.) Table 2 Trip Generation Food Trucks & Restaurant Weekday P.M. Peak Hour In Out Total Food Trucks 14 14 28 Restaurant 34 27 61 Total Trips 48 41 89 From'1'1S Prepared by Vavidson Engineering (July 20, 2021) Table 3 Trip Generation All Restaurants Land Use Weekday P.M. Peak Hour In Out Total Restaurants 1 75 45 120 Based on three separate Fast Casual Restaurants on -site