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Agenda 10/11/2007 BCC-LDC (Blue) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ LDC AGENDA October 11, 2007 9:00 a.m. SPECIAL MEETING NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TlON OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO P ARTlCIP ATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF Page 1 October 11,2007 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCA nON AND PLEDGE OF ALLEGIANCE 2. THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. Continued to the October 24, 2007 BCC Meeting at 9:00 a.m. 3. ADJOURN Page 2 October 11, 2007 MEMQBANDUM Community Development & Environmental Services Division Department of Zoning and Land Development Review To: Members of the Board of County Commissioners From: Catherine Fabacher, LDC Coordinator Date: September 21, 2007 Subject: Land Development Code Amendments For 2007 Cycle I The first public hearing of these LDC amendments before the Board of County Commissioners (BCe) is scheduled for Thursday, October 11 from 9:00 a.m. to I :00 p.m. in the BCC Meeting Room. Attached please find the submittal packet for LDC Amendment Cycle 2007-1. The LDC packet consists of 2 bound books. These are the blue book and the pink book. The blue book contains the body of the LDC Amendment requests submitted for the 2007 LDCA Cycle 1. The amendment requests in the blue book are arranged as follows: - These are the requests for the most substantive new changes to the LDC and the requests which are most likely to be the source of public interest. ..... Impervious Area Restrictions - BCC Direction from September 20, 2006 (meeting minutes). -- Estate Setbacks - BCC Direction from March 13, 2007 (meeting minutes and public comments). YELLOW TAB These are the requests for routine changes to upgrade and maintain existing provisions. These include revisions to existing policy or procedures. These are not expected to generate extensive public comment. -........._.........Ilii.~iiIiIIP~&1.i ~i-Ml~:"' These are requests for minor changes to the LDC which are intended to clear up questions about an existing provision or correct references. -- These are requests to return text or graphics verbatim from the old code (Ord. 91-102) lost during re-codification. 1 1:\07 Amend the LDC\2007-Cyc1e l\Transmittal Memo to BCC.doc If it meets with the approval of the Chair, we would like to hear the amendments in the order in which they appear in the blue book. We would like to finish the cycle with review of the pink book. Finally, staff will be sending more analysis and comment upon the outdoor serving permit amendment to add section 5.04.07. 2 1:\07 Amend the LDC\2007-Cyc1e l\Transmittal Memo to BCC.doc Proposed Schedule For LDC Amendment Cycle 2007-1 Meetine: Dav Date Time LDC Amendment Deadline Thursday March 15 5:00 pm County Mgr.'s Review (go or no go) Wed.-Wed. Mar. 28-Apr. 4 Dir. Mtgs. Final Amendment Deadline Monday March 26 5:00 p.m. Packets to Directors/EACIDSAC Tuesday April 3 12:00 p.m. DSAC Monthly Meeting' Wednesday April II 1:00 p.m. DSAC LDR Sub-Committee Meeting' Tuesday April 24 1:00pm EAC Monthly Meeting' Monday May 7 9:00 a.m. DSAC Monthly Meeting' Wednesday May 9 I :00 p.m. I st Packets to CCPC Tues.-Fri.. June 19-22 12:00 p.m. CCPC LDC Meeting I' Wednesday July 25 5:05 p.m. DSAC Monthly Meeting' Wednesday August I I:OOp.m. CCPC LDC Meeting 2' Wednesday August 8 8:30 a.m. 2nd Packets to CCPC Tues.-Wed. Aug. 14-15 12:00 p.m. ccpe Meeting 3' Thursday August 16 Following regular eepe meeting CCP,: LDC r l@€tiag ] * ',"1,' ednggtia) ,A.Ug:.l8t 22 5:05 ~.m. cepe LDC r.h~gting 1* '.\t @QtH~EI€.tay Attgli8t 2{J-~'-~1 :99 ~.m.. ccpe LDe Meeting 4' Thursday Septem ber 6 Following regular eepe meeting cepc LDC Meeting 5' Thursday September 20 8:30 a.m. I st Packets to BCC Tues.- Wed. Sept. 25-26 12:00 p.m. BCC LDC Meeting I' Thursday October II 9:00 a.m. BCC LDC Meeting 2' Tuesday October 16 5:05 p.m. 2nd Packets to BCC Thurs.-Fri. Oct. 18-19 12:00 p.m. BCC LDC Meeting 3' Wednesday October 24 9:00 a.m. BCC LDC Meeting 4' Tuesday October 30 5:05 p.m. Ordinance to Tallahassee Tuesday November 6 12:00 p.m. Possible CCPC workshop dates following regularly scheduled CCPC meetings are: Thursday, Aug. 2 at 3:00 or earlier following regular CCPC meeting Thursday, Aug. 16 at 3:00 or earlier following regular CCPC meeting Community Development & Environmental Services 1:107 Amend the LOC\2007-Cycle 11LARCICycle 1 2007 - LOC Schedule (082207).doc 9/28/2007 ...... ~ ~ ..t:: r:/J ~ ~ r:/J tf.l 15 ~ ~ ..... ~ QJ ~ - ~ s ~ - ~ Q '"0 ~ ~ ~ N u u = ... ~ .... u u = OIl" " 0 .C ".;:: oj oj ,,-0 ..c " " ~ = U = Q... 0 U il U~ OIl" " 0 .g.~ "-0 ..c= 'd " = = "'= Uo Q..." U" U~ .~ ~ I.... u.g~ Ig .... = - ... ........ d) _ 0- r/) E - <:1\ Q8=2 ~ o Q, .,. ~ < o!':'; otlst-- 0..... 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"" ~ '" = .. 0 .~ ,...; .. '" .. Q . .0.- N ....0 '" ... g '" ~"t"'...;~ .'E = l>ll OIl .., '" .. .. '" t:: .. 1;~ .. = = .. r.; ~ M 0 bIJ C '-.S a 01:: .g l>ll a ~~~ .=Q~rI:l= 'S .., ...~ '" = !l~ 0 .. .. ~ i:l-.. 0 00. ~ M N ._ ~.c ~ Q 0 - ti~ == t::.. "'~N N .. = .. .. .. 0.."", '" rJ1 "'''' NrJ1 ... r- o o C:' '" C:' '"' u 0 -0 ^ ....l < Z - "'" ~ r- 0 '" >< N '"' 0 ~ u u c:o ~ ....l ....l < " " ..c rJl ~ S S :l O!l ~ " .t: '" S 8 " rJl o(! ~ " '3 -0 " ..c u C/l r:: 0 0 N " U :>. U U Q ~ ~ E " ~ " " s <, U Q ....l ~ Collier County Development Services Advisory Committee (DSAC) Land Development Code Amendment Cycle 2007 . I Wednesday, April II, 2007 COMMITTEE RECOMENDA nONS Subsection 2.03.07 J. Goodland Zoning Overlay " 4.02.22 Same ~ GZO District I) Several problems identified with subsection D. Remove subsection D and reference County's "build back" policy. 2) Recognize potential fiscal impacts to property owners as reduction in property values based upon square footage restrictions. Subsection 2.03.07 I. Bayshore Mixed Use District (BMUD) Overlay Subsection 2.03.07 N. Gateway Triangle Mixed Use Distriet (GTMUD) Overlay I) Why aren't real estate offices a permitted use under the mixed use provisions? 2) Take a close look at all the permitted uses. Section 5.05.13 Heliports I) Remove the required 1500 foot separation from residential property. 2) This should apply to C-5, as well as C-4, because hospitals are permitted uses in both districts. This should also be allowed in PUDs. y 1:ILOC_AmendmentsILOC Cycle 1 - 200710SAC comments (0411 07).doc Collier County Development Services Advisory Committee (DSAC) Land Development Regulations (LDR) Subcommittee Land Development Code Amendment Cycle 2007 - I Tuesday, April 24, 2007 COMMITTEE RECOMENDATIONS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts I) Ten percent of frontage per side. . . Add, "not to exceed 30 feet." Subsection 4.06.0S E. Prohibited Plant Materials I) Add text "list of invasive species." 2) re-Ietter items. Add section S.04.07 Annual Temporary Use Permits for Outdoor Serving Areas I) This seems to be "overregulation;" there are existing remedies for noise complaints: noise ordinance, amplified sound permit. 2) The annual renewal process will be a burden on owners. Section 6.0S.01 Stormwater Management System Requirements I) Remove list. 2) Change typo - 1,000 to 11,000 square feet in table. 3) Add a one time exception of an addition of 3% of lot area, not to exceed 1,000 square feet, by right. 4) Make effective date 6 months from filing of ordinance. S) Reorder subsection F, as indicated. Section 6.0S.02 Bulkheads and Seawalls I) Make this provision applicable to new or replacement seawalls. 2) Change size of stone material to 'I." - I" stone or "S7 stone." Subsection 1O.03.0S B. 1) Change typo in fiscal impacts: "the" to "ten." 2) Add cost of signage to fiscal impact. 3) Add "transmittal" to Small seale or other site-specific comprehensive plan amendments "transmital. . ." 4) Reorder subsections to separate out PUD extension requirements. z 1:ILOC_AmendmentsILOC Cycle 1 . 20071LOR Comments (042407).doc Section 2.05.01 Density standards and Housing Types I) Add "Maximum" to title of density column and remove "DRS up to . . . " in each row. Also remove "g.a." from each entry in Maximum density column. 2) Change entry in Estates row to read" 1 per 2.25 acres." 3) In footnote No.4, add effective date of October _,1991. 4) Clarify the distinction between the three rows for RT zoning district. 5) Make nomenclature consistent. Section 3.03.02 Applicability 1) Unbold and capitalize eonservation in the title "Conservation and Coastal Management of the Collier County GMP." AA I:\lDC_Amendments\lDC Cycle 1 - 2007\LDR Comments (042407).doc Text underlined is new text to be added. Te)~ 6tFiI~etl=lr8blf3h iE; GyrrBRt text t8 13e aeletes. Bold text indicates a defined term LDe Amendment Request ORIGIN: Community Development & Environmental Services. AUTHOR: Michael Sawyer, Senior Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT eyeLE: Cycle 1, 2007 LDe PAGE: LDC4:8.1 LDe SEeTION(S): 4.02.01,4.02.03. Tables 3 and 4. eHANGE: To identify standards and setbacks for the placement of permanent emergency generators for single-family homes in all zoning districts allowing a single- family residence as a permitted use. REASON: The Zoning and Building Departments have received questions regarding the placement of permanent emergency generators providing electrical power backup for private residences during and following severe weather events. The Land Development Code (LDC) does not specifically refer to generators in Section 4.02.03 (Specific Standards for Location of Accessory Buildings and Structures), either in the table providing dimensional standards for structures, or in Section 4.02.04.D. which addresses exceptions and exclusions from design standards. Setbacks for generators are therefore not addresses, other than within the category of "unlisted accessory," which would require the generators to meet setbacks as for the principal structure. FIseAL & OPERATIONAL IMPAeTS: None. RELATED eODES OR REGULATIONS: Ordinanee 90-17 (Noise Ordinanee) as amended. GROWTH MANAGEMENT PLAN IMPAeT: None. OTHER NOTESNERSION DATE: 03-12-2007,08-01-2007. Amend the LDC as follows: 4.02.01 SpecifiC Standards for Location of Accessory Buildings and Structures . . . . . . . . . . . D. Exemptions and exclusions from design standards. 1 1:107 Amend the LDC\2007-Cycle 11NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Text stril~etRr81d!3R is GblFF8At text to 1;)8 9918te8. Bold text indicates a defined term * * * * * * * * * * * 13. Permanent emerqency qenerators mav be placed within the rear vard of anv prDPertv sUPPDrtinq a permitted sinqle-familv residence. subiect to a 10-foDt rear vard setback. and within side vards subiecl to a maximum encroachmenl inlo the setback of 36 inches. Generators are nDt permitted to encroach into required front vards. Above-qround fuel tanks for the qenerators are subiect to the same setbacks: hDwever, underqround tanks are nDt subiect to setback requirements. In order tD reduce noise durinq required routine exercisinq Df the qenerators. this exercisinq is restricted tD DPeratinq the qenerator for no more than 30 minutes weeklv durinq the hours of 9:00 am tD 5:00 pm and shall nDt exceed sDund level limits fDr Manufacturinq and Industrial uses as set fDrth in Ordinance 90-17. the NDise Ordinance. as amended. All permanent emerqencv qenerators must be equipped with sound attenuatinq housinq to reduce noise. * * * * * * * * * * * * 4.02.03. Specific Standards for location of Accessory Buildings and Structures * * * * * * * * * * * * Table 3. Dimensional Standards for Accessory Buildings and Structures on Non- Waterfront Lots And Non-Golf Course Lots. Rear Structure to Front Side Slructure (If Detached) 1. Parking garage or carpDrt. SPS 10 SPS 10 feet single-family feet 2. One-story parking structures SPS 35 SPS 10 feet andlor carports feet 3. Multistory parking structures SPS 35 SPS 1/1 * feet Swimming pool and/or screen SPS 10 4. enclosure (one- and two- feet SPS N family) 5, Swimming pool (multi-family SPS 20 15 feet N and cDmmercial) feet 6. Tennis courts (private) (Dne- SPS 15 SPS 10 feet and two-family) feet 7. Tennis CDurts (multi-family, and SPS 20 15 feet 20 feet commercial) feet 2 1:107 Amend the LDC12007-Cycle 11NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Taxt f:tril{stl=lr9l:lliJl=l iE: SblFrsAt te:~ tabs aelates. Bold text indicates a defined term 8. Utility buildings SPS 10 SPS 10 feet feet 9. Chickee, barbecue areas SPS 10 SPS 10 feet feet 10. Attached screen porch SPS 10 SPS N/A feet 11. Unlisted accessory SPS SPS SPS 10 feet 12. Satellite dish antenna NP 15 SPS 10 feet feet R Permanent emerqency NP 1Q See Sec. N/A qenerators feet 4.02.01.0.13 N = None. N/A = Not applicable. NP = structure allowed in rear of building only. SPS = Calculated same as principal structure. . = 1 fooVfoot of accessory height = 1 fooVfoot of building separation. * * * * * * * * * * * Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf Course Lots Setbacks Structure to Front Rear Side structure (If Detached) 1. Parking garage or carport, SPS SPS SPS 1 0 feet single-family 2. One-story parking structures SPS SPS SPS 10 feet 3. Multistory parking structures SPS SPS SPS 1/1 1 Swimming pool and/or screen SPS 10 4. enclosure (one- and two- feee SPS N family) 5. Swimming pool (multi-family SPS 20 feet 15 feet N and commercial) 6. Tennis courts (private) (one- SPS 15 feet SPS 1 0 feet and two-family) 3 1:107 Amend the LOC12007.Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text E:tril~etl=lr9bll31=l is Gl::IrreRt tel~ ta l3e aelates. Bold text indicates a defined term 7. Tennis courts (multi-family and SPS 35 feet SPS 20 feet commercial) 8. Boathouses and boat shelters SPS N/A 7.5 feet or 15 10 feet (private) feet (See section 5.03.06(F)) 9. Utility buildings SPS SPS 10 feet 1 0 feet 10. Chickee, barbecue areas SPS 10 feet SPS N 11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 SPS feet 12. Attached screen porch SPS 10 feet SPS SPS 4 13. Unlisted accessory SPS SPS SPS 10 feet 14. Docks, decks and mooring N/A N/A 7.5 feet or 15 N/A pilings feet 15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A 16. Satellite dish antennas NP 15 feet SPS 10 feet 17. Permanent emerqency NP 10 feet See Sec. N/A qenerators 4.02.01.0.13 N = None. N/A = Not applicable. NP = structure allowed in rear of building only. SPS = Calculated same as principal structure. . = 1 fooVfoot of accessory height = 1 fooVfoot of building separation 1 1/foot of accessory height = 1/foot of building separation. 2 In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 3 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. 4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure, with the rear setback of ten feet. * * * * * * * * * * * * 4 1:107 Amend the LOC12007.Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text Eitril~etRr-el::lfJl=I is GloIrreAt te}ft te 138 selates. Bold text indicates a defined term LDC Amendment Request ORIGIN: Private amendment request from E.B. Simmonds Electrical, Inc. AUTHOR: Clay Brooker and Stephen Hruby DEPARTMENT: N/A AMENDMENT eyeLE: eycIe 1, 2007 LDC PAGE: LDC5:101 LDe SECTION(S): 5.05.13 Heliuorts and Helistous (new seetion) eHANGE: Provides siting, design and operation criteria for heliports and helistops. REASON: No such criteria currently exist in the LDC, notwithstanding the fact that "Transportation by Air" is a permitted use in the Industrial zoning district. FISCAL & OPERATIONAL IMPAeTS: None RELATED CODES OR REGULATIONS: The Table of Land Uses (LDC section 2.04.03) currently lists "Transportation by Air" as a permitted use in the Industrial zoning district. GROWTH MANAGEMENT PLAN IMPAeT: None OTHER NOTES/VERSION DATE: August 28, 2007 Add the following seetion to the LDe: 5.05.13 Heliports and Helistops A. Purpose and Intent. In accordance with Sections 330.35 and 330.36, Florida Statutes. the purpose of this section is to impose zoninq requirements on the location and operation of heliports and helistops within Collier County. It is not the intent of this section to supersede state and federal rules and requlations applicable to the sitinq. licensinq. reqistration and operation of heliports and helistops. Rather. as set forth in more detail below. this section incorporates said rules and requlations, while imposinq additional zoninq requlations which further limit the sitinq and operational criteria for heliports and helistops in Collier County. B. Definitions. 5 1:107 Amend the LDC\2007.Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text Eitril~etArebl€lA is GblrreRt teld te be aeletes. Bold text indicates a defined tellTl .1 FA TO: The desiqnated "Final Approach and TakeDff' area for helicopter operations. A defined area over which the final phase of the approach tD a hover, or a landinq is completed and from which the takeoff is initiated. This term is identical to that defined at Rule 14-60.003(2)(b)8, FIDrida Administrative Code. and Section 101 Df Federal Aviation Administration AdvisDry Circular Number 150/5390-28. 2. Private Use Heliport: A heliport developed for exclusive use of the Dwner and persons authorized by the owner. For state requlation purpDses, this type of heliPDrt falls within the scope Df the term "priyate airport." as defined at SectiDn 330.27(5). Florida Statutes. For federal reaulation purposes, this term is synonymous with a "Prior Permission Reauired (PPR) Heliport." as defined in SectiDn 101 of Federal Aviation Administration Advisory Circular Number 150/5390-28. ~ Private Use Helistop: A minimally developed helicopter facility for boardina and discharqina passenaers or caraD. and for the parkina of the helicopter when nDt in use. Fuelina and maiDr maintenance and repairs are not permitted at this type of facility. Only the owner and persons authDrized by the owner may use this facility. For state reaulatiDn purposes. this type of facility falls within the SCDPe Df the term "private airport," as defined at Section 330.27(5), FIDrida Statutes. For federal reaulatiDn purposes. this type of facility falls within the scope of the term "PriDr PermissiDn Reauired (PPR) Heliport." as defined in SectiDn 101 Df Federal Aviation Administration Advisory Circular Number 150/5390-28. 4. Public Use Heliport: A heliport available fDr use by the aeneral public withDut a reauirement for prior approyal of the owner or operator. For state reaulatiDn purposes, this type of heliport is a "public airport," as defined at Section 330.27(6). Florida Statutes. For federal reaulation purpDses. this term includes both "Public Use HelipDrts" and "General AviatiDn (GA) Heliports." as these terms are defined in Section 101 of Federal Aviation Administration Advisory Circular Number 150/5390-28. C. Site Limitations and Criteria. .1 ND heliport Dr helistop shall be permitted or DPerated without obtainina site approval from the State of Florida Department of TransPDrtatiDn and complyina with all applicable state and federal statutes, rules and reaulations, includina but not necessarily limited to the followina: a. the State Airport Licensina Law (currently codified at Chapter 330, Florida Statutes); b. Chapter 14-60 of the Florida Administrative Code: and c. Federal Aviation Administration Advisory Circular Number 150/5390-28. 2. Private Use Heliports. 6 1:107 Amend the LDC\2007-Cycle 11NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Text stril~etAFGbI€l1=l is Cl::lrrsAt text tQ se aeletea. Bold text indicates a defined term a. Allowed as a conditiDnal use in the Industrial zoninq district. as provided fDr in section 10.08.00 Df the CDde and subiect to Ihe provisiDns of this section. b. The edqes Df the FATO shall be no less than 1.500 feet from any residential zoninq district or residential cDmPDnent of a Planned Unit Development. This requirement shall not apply within the bDundaries of developments which expressly permit private aviatiDn use (e.q.. Shadow Wood PUD and the Winq South Airpark CDndDminium). c. To protect the property riqhts Df Dwners Df all properties abuttinq the property on which a Private Use Heliport is proPDsed, site approval from the State of FIDrida Department of Transportation must be obtained with the assumptiDn that all abuttinq properties are develDPed with structures built tD the maximum permitted buildinq heiqht and the minimum required setbacks at the time site approval is souqht. ;L Public Use Heliports. a. AIIDwed as a conditiDnal use in the Industrial zoninq district and at any existinq public airport. as provided for in section 10.08.00 of the Code and subiect to the provisions of this sectiDn. Q." The edqes Df the FATO shall be no less than 1.500 feet from any residential zoninq district or residential cDmponent Df a Planned Unit DevelDPment. c. To protect the property riqhts Df Dwners Df all properties abuttinq the property on which a Public Use HeliPDrt is proposed, site approval from the State of Florida Department of TransportatiDn must be obtained with the assumption that all abuttinq properties are developed with structures built to the maximum permitted buildinq heiqht and the minimum required setbacks at the time site approval is souqht. 4. Private Use Helistops. a. Allowed as an accessory use to 2 permitted principal use in the Industrial zoninq district. subiect to the provisiDns of this section. Q." The edqes of the FATO shall be nD less than 1.500 feet from any residential zoninq district or residential component Df a Planned Unit Development. This requirement shall not apply within the boundaries of developments which expressly permit private aviation use (e.q.. Shadow Wood PUD and the Winq South Airpark Condominium). c. To protect the property riqhts of owners of all properties abuttinq 7 1:107 Amend the LDC12007-Cycle 11NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Text e:trikethr-oblQI:1 ie: SblrreFlt text ts 88 aeletea. Bold text indicates a defined term the property on which a Private Use Helistop is proposed, site approval from the State of Florida Department of Transportation must be obtained with the assumption that all abuttinq properties are developed with structures built to the maximum permitted buildinq heiqht and the minimum required setbacks at the time site approval is souqht. D. Desiqn Standards and Operatinq Criteria. 1., All heliports and helistops shall be desiqned and operated in accordance with applicable state and federal statutes. rules and requlations. includinq but not necessarily limited to the followinq: a. the State Airport Licensinq Law (currently codified at Chapter 330. Florida Statutes); !L Chapter 14-60 of the Florida Administrative Code; and c. Federal Aviation Administration Advisory Circular Number 150/5390-2B. 2. Private Use Helistops are limited to use by sinqle enqine helicopters with a maximum takeoff weiqht not exceedinq 12,000 pounds. .1. All heliports and helistops must comply with the Collier County Noise Control Ordinance (currently codified at Section 54-81 et sea.. Collier County Code of Ordinances). as it may be amended from time to time. . . . . . . . . . . . . [For clarification purposes, this amendment should also include additions to the Table of Land Uses, codified at LDC section 2.04.03. Specifically, "Helistops, Private Use" should be shown as an accessory use in the Industrial zoning district. "Heliports, Private Use" should be shown as a conditional use in the Industrial zoning district. "Heliports, Public Use" should be shown as a conditional use in the Industrial district and at any existing airport. Each of these additions should also be foot-noted with a reference to the new LDC section 5.05.13.] 8 1:107 Amend the LDC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Ts)1f: stril~etl::lI:eld~R is EildrreRt te)1f: ts 8e aelates. Bold text indicates a defined term LDe Amendment Request ORIGIN: CDES - Zoning Department AUTHOR: Catherine Fabacher DEPARTMENT: Zoning AMENDMENT eyeLE: Cycle 1,2007 LDC PAGE: LDC5:26 LDe SEeTION(S): 5.04.07 Permit for Outdoor Servin!! Areas with Entertainment eHANGE: Add requirement for a permit for outdoor serving areas with entertainment on private property; which is to be approved administratively or through the conditional use process for applications with a noise ordinance violation history. REASON: In order to ensure a healthy relationship and minimize health, safety and welfare issues between nearby businesses, the establishment's customers and the surrounding property owners. FIseAL & OPERATIONAL IMPAeTS: Cost of application fee should be borne by applicant and should be of a sufficient amount to cover the cost of processing the applications. At this point the estimated fee is approximately $300.00 for administrative issuance of a one-time permit for outdoor serving areas with entertainment on private property. There will be a nominal fee associated with the issuance of a code violation history to be issued by Code Enforcement (yet to be determined) and submitted as a requirement by all applicants. When an applicant is required to pursue a permit issuance petition before the Board of Zoning Appeals through the conditional use process, the fee is $4,000. In addition, the applicant will be required to pay for property owner notifications which are approximately $1.00 per property owner notified and the cost of posting a sign in front of the business which is approximately $800.-$1,200. for properties greater than 1 acre and considerably less for properties under I acre. Finally, the applicant for a conditional use hearing must pay a $4,000. application fee and the advertising costs of the 2 required public hearings (the CCPC and the BZA). RELATED CODES OR REGULATIONS: Noise Ordinance (No. 90-17) in the Code of Laws and Ordinances. GROWTH MANAGEMENT PLAN IMPAeT: None 9 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text ~tril~8tRr.al:J!3R is G1::lrrSAt tela: t8 se elalateQ. Bold text indicates a defined term OTHER NOTES/VERSION DATE: Created March 19, 2007; revised May 4, 2007 after DSAC; and revised August 23, per CCPC. Revised September 10,2007, per the CCPC. Revised September 17,2007. Revised September 20,2007. per the CCPC. Amend the LDe as follows: 1.08.02 Definitions Amplified sound: The use of a public address system. loudspeaker. amplifier and any other deyice which electronically auqments the volume of sound. 5.04.07 Permits for Outdoor ServinQ Areas with Entertainment on Private Property A. Applicability. Owners/manaqers of outdoor servinq areas with outdoor entertainment on priyate property adiacent to and a part of an eatinq or drinkinq establishment. servinq food/beveraqes, and providinq ontortainment, within the unincorporated area of Collier County shall obtain a permit for such activity. 1. No person shall own or operate an outdoor servinq area for food or beveraqes. or both. in coniunction with outdoor entertainment on private property within the unincorporated area of Collier County unless a permit is obtained. in accordance with the provisions set forth herein. a. This requirement shall not apply if the residential use or zoninq district is mixed use and allows for the mixinq of residential and non-residential uses within the same development. b. For purposes of this section. entertainment shall be considered to include any source of amplified sound. includinq but not limited to. radios. televisions, video qames and amplified music. 2. A permit to operate outdoor servinq areas with entertainment on priyate property may be issued administratively unless 1 or more findinqs of violation of the Collier County Noise Ordinance lOrd. No. 90-17. as amended) have been issued to the owner/manaqer of the facility by the Collier County Code Enforcement Department. 3. Permit applications for outdoor servinq areas with entertainment on private property by owners/manaqers who have 1 findinq of 10 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text striketl=lreblgl=l is Gl::lrr-BAt text ts ee geleteg. Bold text indicates a defined term violation of the noise ordinance within the past 12 months shall be heard by the Board of Zonino Appeals as a conditional use. subiect to the standards and procedures established in section 10.08.00. 5. All operators of eatino and drinkino establishments with existino outdoor servino areas with outdoor entertainment on priyate property shall obtain a permit no later than May 31. 2008. Failure to obtain the permit will result in the issuance of a notice of violation. 6. Such permit shall be transferred if the owner sells. leases or otherwise disposes of his outdoor servino area or the premises upon or in which the outdoor servino area is operated. to any person by filino the appropriate transfer application to the Zonino Department. a. Transfers shall be administratively approyed. unless 1 findinos of violation of the noise ordinance have been issued to the owner/manaoer within the last 12 months. In that case. an application for an outdoor servino area with entertainment permit transfer shall be heard by the Board of Zonino Appeals as a conditional use. subject to the standards and procedures established in section 10.08.00. b. The Board of Zonino Appeals shall make the final determination as to whether or not to approve. deny. revoke or approve with conditions any permit pertainino to outdoor servino areas with entertainment on private property. 7. The issuance of such a permit shall not eliminate the oblioation of the applicant to obtain all other permits reouired under local. state and federal reoulations: includino, but not limited to: amplified sound permits. occupational licenses. alcohol licenses. special event permits and the like. B. Application. 1. An applicant for administrative approval of a permit to operate an outdoor servino area with outdoor entertainment on private property shall submit the followino: a. a completed application. as prescribed by the County Manaoer or desionee: b. a code violation historv issued by the Collier County Code Enforcement Department dated no more than 30 days prior to the date of the application submittal: 11 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text stFiI~etAFSl;I~R is Sl;IFreRt text to be Glelete8. Bold text indicates a defined term c. a valid non-residential zoninq and land use certificate issued bv Collier County: and d. an application fee as specified in the CDES fee schedule. 2. An applicant for approval to operate an outdoor servinq area with outdoor entertainment on private property throuQh the conditional use process shall follow the public notice requirements identified in section 10.08.00 of the Code. 3. In the interpretation and application of any provIsion of these requlations. it shall be held to be the minimum requirement adopted for the promotion of the public health. safety. comfort. convenience. and qeneral welfare of unincorporated Collier County and its residents. In determininq whether to issue a permit. the Board shall be entitled to refuse/revoke a permit where: a. the use will not be of a type or intensity consistent with surroundinq land uses and the reasonably quiet and peaceful eniovment thereof: b. the use will cause any danqer or health hazard to any person; c. the use will result in the depletion. destruction. removal. tramplinq or other damaqinq of existinq veqetation: d. the use will be conducted in violation of Land Development Code or any other County codes: e. the use will not have sufficient areas. available on private lands. for parkinq to accommodate the extra seatinq as required bv subsection 4.05.04 G. of the Code: or f. in the case of a special event that has been previously held at the facilitv. the operator has not demonstrated compliance with permit conditions or with anv previous permit. includinq without limitation. siqnaqe restrictions. C. Suspension of permit. 1. The approval of an outdoor servinq area permit is temporarv at all times. An outdoor servinq area permit may be suspended bv the County Manaqer or desiqnee upon a findinq that one or more conditions of this section have been violated. or the issuance of 1 findinq of violation of the noise ordinance. 12 1:107 Amend the LDC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text strikethr.eblQI:1 is GblrrSAt te)ll t9 ee aelates. Bold text indicates a defined term 2. The suspension order shall be in writina. seUina forth specific reasons and providina an effective date. The suspension shall remain in effect until such time as a public hearina is conducted by the Board of Zonina Appeals to revoke the permit or lift the suspension. 3. A decision reaardina an outdoor servina area with entertainment permit. or the suspension of said permit. may be appealed to the Board of Zonina Appeals wilhin 30 days of said decision. The Board of Zonina Appeals shall hear the appeal after due public notice. D. Public Hearina and Advertisina Reauirements 1. Issuance of permit for outdoor servina areas with entertainment on private propertv. where 1 findina of violation of the noise ordinance have been issued. a. An aoolication for an outdoor servin a area with outdoor entertainment on private property permit shall be heard bv the Board of Zonina Appeals as a conditional use as provided for in section 10.08.00. E. Operatina Reaulations 1. No outdoor servina area with outdoor entertainment on private property shall be permitted to operate without a permit. 2. No owner/manaaer shall operate or permit the occupancy of anv outdoor servina area with entertainment on private propertv. that is located within 1.000 feet of any lands with a residential or estates zonina desianation or which is used for residential purposes durina the followina times. Sunday through Thursday 11 :00 p.m. - 11 :00 a.m. Friday through Saturday 12:00 a.m. - 11 :00 a.m. a. These time restrictions shall not apply if the residential use or zonina district is part of a mixed use proiect, approved throuah the conditional use process: a mixed use proiect. approved throuah the mixed use proiect approval process or part of a Planned Use District (PUD) component desianated as mixed use. 13 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Te)~ strikethFOblQA ib: SblrreAt text t8 8e aelated. Bold text indicates a defined term 3. Everv owner/operator shall at all times post in all outdoor servinq areas, in a location which is visible to all patrons. a notice provided by the County. notifvinq the patrons of the requirements of this permit. F. Requirements for outdoor servinq area with entertainment on private property. 1. No person shall operate an outdoor servinq area on private property which is located within 1500 feet of the property line of land with a residential or estates zoninq classification or which is used for residential purposes unless the outdoor servinq area is separated from the adiacent residential property by a solid translucent or opaque barrier of a minimum of six feet in heiqht alonq its perimeter, or other interveninq structure. for the purpose of noise reduction and security. This shall not apply to mixed use proiects as defined in subsection A.1.a.. above. 2. Any person who owns or operates an outdoor servinq area with entertainment on private property. which is illuminated and is in an area adiacent to a residential or estates zoninq district or a residential use. shall arranqe. desiqn and install the liqhtinq fixtures to deflect the Iiqht down and away from nearby residential buildinqs. lots and streets. 3. Live outdoor entertainment is prohibited in outdoor servinq areas, on private property. or otherwise outdoors on premises on which establishments are located within 2500 feet of the property line of a residential or estates zoned property or a residential use unless that use is part of an approved mixed use development wherein the residential land uses are inteqrated within the same non- residential structure or are allowed to OCCUpy the same development. G. Reserved [Outdoor servinq areas on public property.1 14 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. TeHt striketl=lrEJl:lQh is Gl:lrFBRt text te se aeletes. Bold text indicates a defined term LDe Amendment Request ORIGIN: Community Development and Environmental Services, BCC Directed AUTHOR: Stan Chrzanowski, P.E. DEPARTMENT: Engineering Review Department of CDES AMENDMENT CyeLE: Cycle I, 2007 LDe PAGE: LDe SEeTlON(S): 6.05.01 F CHANGE: Add section 6.05.01. F Storrnwater Retention 1 Detention Design for Single- Family homesites: REASON: There is a proliferation of very large new homes being built in older, existing subdivisions with inadequate drainage and our existing storrnwater management systems are incapable of handling the increased runoff from these homesites FIseAL & OPERATIONAL IMPAeTS: 1. Impact fees for single family homes are computed based on area and the number of bedrooms. The amount of fees collected may be negatively impacted. 2. Larger, newer homes pay more in property taxes than older, more modest homes. The rate of growth in taxable value may decrease. 3. If the homeowner 1 builder decides to build a larger than average home, the additional cost of Engineering will be a financial impact on him. 4. If a home presently exceeds this standard and is torn down, the replacement home will have to meet this new standard and some property values may decrease. 5. Operationally, this amendment will result in less storrnwater impact on the existing County secondary and tertiary drainage systems. RELATED CODES OR REGULA TlONS: 4.03.08 Faeility and Service Improvement Requirements GROWTH MANAGEMENT PLAN IMPAeT: None. OTHER NOTESNERSION DATE: Created on 27 February 2007, changed Code Section on 13 March 2007 Amend the LDe as follows: 15 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text stril~etl=lrel:l!3t:l it Gblrr8Rt text t9 l3e aeletes. Bold text indicates a defined term 6.05.00 Water Management Systems and Drainage Improvement Standards 6.05.01 Stormwater Management System Requirements A complete stDrmwater management system shall be provided for all areas within the subdivision or development, including lots, streets, and alleys. A. The system design shall meet the applicable provisions Df the current County codes and ordinances, SFWMD rules and regulations pursuant tD Florida Statutes, and the Florida Administrative Code, and any other affected state and federal agencies' rules and regulations in effect at the time of preliminary subdivision plat submissiDn. B. Where stormwater runoff from outside the subdivision or development historically passes on, over, or through areas of the subdivision or development, such runoff shall be included in the stormwater system design. The system shall be designed for IDng life, IDW cost maintenance by nDrmal methods and prDvide for Dptimal on-site detention Df stDrmwater runoff and groundwater recharge in accordance with applicable County and SFWMD regulations. C. Any structure with an outside wall which is closer than ten (10) feet from a side property line shall install properly sized (minimum twenty-fDur (24)- square inch cross-section) gutters and dDwnspDuts to direct stormwater away frDm neighboring properties and tDward front and/or rear swales or retentiDn/detention areas. D. In-ground percolatiDn type retention systems such as rock trenches. exfiltration trenches or beds, infiltratDr type systems, gallery type systems, etc., shall not be used to achieve water quality retention for residential subdivisions. Rear yard open retentiDn systems shall likewise not be designed tD achieve water quality retentiDn Dn projects submitted after January 1, 2002. All retentiDn systems for projects designed after January 1, 2002, shall be on CDmmon property owned and maintained by a homeowners' association or similar entity. E. Any canal which forms a part of the public water management system shall be dedicated for care and maintenance per the requirements of the governmental agency which has jurisdictiDn. Canals located entirely within the subdivision and which dD not form a part of the public water management system shall be dedicated to the public, withDut the responsibility for maintenance, as a drainage easement. A maintenance easement, of a size acceptable to the County Manager or designee or Dther gDvernmental agency with maintenance responsibility, shall be prDvided adjacent to the established drainage easement, or the drainage easement created must be of a size suitable for the proposed canal and its maintenance. F. Storm water Retention / Detention Desion for Sino/e-Familv DwellinQ Units, Two-Familv Dwellina Units and Duplexes. 1. Aoolicabilitv. Anv application fDr a buildinQ permit to allow the development or redevelopment of a sinale-familv or two-familv 16 1:107 Amend the LDC12007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Text E:tFiI~ethrelJ€lh iE: GlJrr9Flt t8)~ tabs a9latea. Bold text indicates a defined tell1l dwellina or duplex submitted after July 1, 2008. except fDr the follDwina conditions: a. Any application within the bDundaries of development proiects that have: (1) been permitted by the South Florida Water Manaaement District fDr Surface Water Manaaement Dr Environmental ResDurce ProtectiDn and (2) have a central surface water manaaement collectiDn, storaae. treatment and discharae system; b. a one-time addition is allowed for certain sized hDmes, as set forth below; Dr c. an aDDlication accDmpanied by a stDrmwater manaaement plan. sianed and sealed by a reaistered Florida ProfessiDnal Enaineer. Table 6.02.01 F. Lot size Lot Coveraae Impervious Area Coveraae under 11.000 Sq. ft. 25% 40% 11.000 Sq. ft. to 52.999 sa. ft. 2.750 sa. ft. 4.400 sq. It. + 5% 01 area in excess 01 + 5% 01 area in excess 01 and 100 ft. or qreater in width 11,000 Sq. It. 11.000 Sq. It. 11.000 sa. It. to 52.999 Sq. ft. 2.750 sa. It. 4.400 Sq. It. and less than 100 ft in width. + 2% 01 area in excess 01 + 2% 01 area in excess 01 11.000 Sq. It. 11.000 sa. It. 4.850 sa. It. 6.500 sa. It. 53.000 sq. It. and over + 3% 01 area in excess 01 + 2% 01 area in excess 01 53.000 Sq. It. 53.000 sa. It. 2. The maximum allowable ratiD of lot coveraae and impervious area coveraae tD the tDtallot area shall be as provided for in table 6.02.01 F. unless accompanied by an enaineer's analysis as specified below. a. The site drainaae analysis shall include water auality calculations tD SFWMD standards and water auantity calculations dDne to accommodate the runDff, from area in excess of the above ratio, from a 5 year 1 day storm and shall include a percolation test done by a aualified enaineer or technician. If the site will use a drainfield/septic tank fDr sewaae treatment/disposal, the wet season water table calculations for drainaae must match that used for the drainfield desian. 17 1:107 Amend the LDC12007-Cycle 11NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Text 8tril~atl=lrel::l€lh is Gblrr9At text t9 138 selates. Bold text indicates a defined term b. The aoolication site plan shall list all required separation distances between wells. drainfield systems. and stormwater retention/detention areas. The calculations may be done on the site plan or may be in a separate Enqineer's report. but must be siqned and sealed by the Enqineer. c. The water surface area of swimminq pools and ponds is nol considered as impervious area for the purposes of the calculations in Table 6.02.01 F. 3. A one-time addition to an existinq residence will be allowed after July 1. 2008. The addition will be limited to 3 percent of the lot area UP to a maximum of 1000 Sq. ft. as lonq as that one-time addition does not exceed the area in Table 6.02.01 F. by more than 3 percenl of Ihe lot area or more than 1.000 Sq. ft. 18 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc ,', September 20, 2006 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 20, 2006 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special district as has been created according to law and having conducted business herein, met on this date at 5:05 p.m., in SPECIAL SESSION, LDC Amendments 2006 Cycle 1, in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Frank Halas Jim Coletta Fred W. Coyle Donna Fiala Tom Henning ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Page 1 September 20, 2006 shepherd us through this discussion. CHAIRMAN HALAS: Okay. And we have some public speakers on this, too? MS. F ABACHER: Yes, sir, we do. CHAIRMAN HALAS: Okay, great. MS. F ABACHER: Where's Stan? MR. SCHMITT: I thought Stan was here. I saw him. COMMISSIONER COLETTA: Where's Stan? CHAIRMAN HALAS: Is Stan here? COMMISSIONER COLETTA: He's standing by outside in the hall, I think. MS. F ABACHER: No, Stan's here. I saw him earlier. CHAIRMAN HALAS: Oh, okay. MS. F ABACHER: He must be in the hall. MR. SCHMITT: I was ready to cover it. Stan's here, he'll do it. COMMISSIONER COLETTA: There he is. COMMISSIONER FIALA: Stan, the man. COMMISSIONER COLETTA: Stan, the man, yep. COMMISSIONER HENNING: Motion to approve. MR. SCHMITT: House pads, Stan. Put your jacket on there. You're official now. MR. CHRZANOWSKI: Good evening. Stan Chrzanowski, Engineering Review, and I was just outside going over some of the house pad issues with civilians. CHAIRMAN HALAS: With civilians. MR. CHRZANOWSKI: Yeah, hi. What we have in Collier County, a long time ago Ed Perico and I started looking at an issue in Golden Gate Estates where a lot of homes were being built very high compared to their neighbors. And what we had was a lot of 75-foot wide lots where -- where the fill pad, because we allow a seven-and-a-half-foot side yard setback -- and we were forcing people by the septic tank code -- and by the fact that you Page 51 September 20,2006 have to build 18 inches above the crown of the road, we were forcing people to come high with their house pad fill. And as they come high, what they do generally is the house pad fill extends over onto the neighbor's property a lot. And we were getting two and three and four houses in a row where the house pad fill fills on -- it extends onto each other. So you're basically raising a row like a dam right through there. Now, in the Estates this matters because a lot of those dams are perpendicular to the flow of the water, the sheet flow. And you can see from this year, bad year, we had a lot of ponded water. And we tried coming up with a way to force people to do stem walls, but it didn't pass through a few of the reviews we had to go through. Now, recently you had a man named Mr. Selck came in, and he complained that his neighbor was doing such a project and that the project was shedding water onto him at a greater rate than it shed before. And we showed on the topography that what the water really did was, since the house pads were staggered, the water just went around one and around the other and kept going toward a third person's back yard where it sat, which happened to be the flow pattern in that neighborhood. We've had an incident, a couple incidents, in the Pine Ridge subdivision. I'll put one of these lidar topographies on the visualizer here. In roughly the center ofthat topography, there's a red spot that's on Eugenia Street next to Mockingbird Lake. North would be looking to the right. And that red spot is a house pad. He's about eight feet high compared to the road if you stand at Eugenia and look at the slag CHAIRMAN HALAS: Eight feet high. MR. CHRZANOWSKI: Well, he's got a big lot and a big house. And we've got another one off Caribbean Court, toward the left side Page 52 September 20, 2006 of that. Again, north being to the right. And if you look, he's totally surrounded by three roads by -- totally surrounded by one road -- a horseshoe shaped road and another road. He sheds a lot of water. He does have some retention on his site. But this is the property that called our attention to the other property. And then there's another property behind that one that's being built up. Now, we've had a bunch of complaints. I want to put up a little lidar topography of a portion of Golden Gate Estates, one of the nearer portions. All those red dots up and down are fill pads. And you can see as they start building onto these -- and a lot of these are the -- still the 100- and 150- foot wide lots. But as they start building, you see all these pads almost linking up in a lot of the areas. So we decided that it was time to come up with an amendment to limit the size of the fill pad, because as the pad goes up, with the side slopes that we require, the four-to-one side slopes, for every foot you get higher, the pad gets eight feet wider both ways, front and back and side to side. And we already have a requirement that you have to be 18 inches above the crown of the road or 24 inches above an unpaved road. So throughout Golden Gate Estates, a lot of these houses are built to that minimum requirement. We also have a requirement that the septic tank has to be -- the bottom of the drain field has to be two feet above the water table, and the drain field is like a foot thick of rock with the pipe being in the top six inches of that and then by the time that pipe goes back through the septic tank and quarter inch to the foot slope back to the house, the thickness of the pipe, you know, you've raised up the floor slab substantially. And if you build the fill pad up to that, you have a very large pad that sticks out very far, takes up a lot of what we've been referring to as floodplain. Technically, floodplain is a term that they use in Page 53 September 20, 2006 riverine situations where the river overflows its banks. And when you fill in a floodplain, you have to dig out somewhere else in the floodplain to compensate for that. We don't have riverine flooding down here. What we have in the Estates is the slough type flooding, intermittent areas that pass water. The intersection of Randall and Everglades, if you were out there during this last event, what you might have thought was standing water was not. It was water in the sloughs starting at Winchester Head flowing down maybe three or four miles, and coming out in one of the canals. If you start putting a whole lot of these fill pads into that slough, that floodplain, the effect of one is what they call de minimis. You can't even tell. You know, a fraction of a fraction of a inch. But we've been building houses at 800 to 1,000 a year in Golden Gate Estates. That effect multiplied by that amount per year will eventually -- it's already, I think, having some effect with flooding elevations in Golden Gate. But if we let it continue -- this is a close-in area of Golden Gate. The areas that are farther out are less developed but heading this way. If we let it continue, we're going to start seeing the effect of it in increased water -- water heights during storms. So the amendment we wrote -- a lot of the newer projects in Collier County have water management district permits and have backbone swale systems. But areas like the Pine Ridge subdivision, Naples Park, Willoughby Acres, East Naples, Golden Gate Estates, they have not a district permit and a backbone system. Some of them, like Willoughby Acres and Naples Park have district permits, but they were for improvements within there. It's called a surface water management permit, but it doesn't have any water quality or water quantity limitations. It's just to allow the installations of swales, pipes, whatever, because the area was so big the district had to permit it. Page 54 September 20, 2006 So we had to put the -- both in there, that you have to -- if you have a district permit and you have a central backbone system, then you don't have to go by this rule. You can build your house higher mostly because your permit probably already says where you can build. But if you don't have both of those, then you can only build your fill pad to 18 inches above the crown of the road where your driveway meets the road. It limits of height of your fill pad but not your base flood elevation. You have to remember, Robert Wiley was trying to get you all to put a one-foot freeboard in here for base flood elevation to the floor slab, because that improves our community rating as far as FEMA goes. Now, we don't care how high you build your floor elevation as long as you use something like a stem wall, fill inside the stem wall, and put the slab on that, or use a structural slab and have open -- I know people that have open areas under their homes like you would have up north, which is handy for running and fixing the piping and all. So, you know, it's not an unusual design. For a long time fill pads were probably used because they were so cheap, but the price of fill has gone up. So we're pretty sure that this is going to be maybe a toss-up right now because as you add to the mound, you're adding to the bottom of the mound, making it wider. So the less you take away from the bottom -- the more you take away from the bottom of the mound, the cheaper it is to build. The amendment, as written, I would have only one change to it. It was the reason I was a little late coming in, excuse me. The section __ oh, wait up. As a matter of fact, we made some changes earlier because of the comments we were getting from the public. And prior to this, I had __ prior to this, I had that you had to have the district -- that if you had the district per -- that if you had the district permits and a backbone Page 55 September 20, 2006 swale system, you didn't have to go by this rule. I added the word both and did a little clarification in there. It's in red. It says the same thing, but it says both, you need both. And before I didn't have the both in. I just had and -- one and the other. But also, it was pointed out that I -- in front of the two, the either/or, the South Florida Water Management District permit or the ERP, I should put an A in parentheses in front of south, and __ MS. HILLER: I would put the A in front of __ MR. CHRZANOWSKI: I think somebody's going to talk after I'm done, my English teacher. And in front -- and I should put a B in front of the A, central backbone system, so you know that it has -- you either have to have A, a service water management permit or an ERP and, B, a central backbone system. That's about the amendment and the reason for it. I'm here to entertain any questions you have. CHAIRMAN HALAS: Okay. Commissioner Coletta, you were first. COMMISSIONER COLETTA: Of course, this -- the existing homes are there, and we have to live with their cumulative runoff as we're dealing with flooding situations in different places. Is there some way, too, we might be able to limit the size of the pad? In other words, some of these people coming in with mega houses, I mean, where they have to build it on stem walls or maybe __ and maybe have water retention or something. I mean, you take a look at some of these house pads that are out there. Some of them are considerably bigger than the others, then you've got the ones that have a house pad then another one behind it, which is adding to the problem. Is there some other way that we can do to lessen the situation of future building? MR. CHRZANOWSKI: Yes, sir. I think you could limit the house -- the size of the house pad and force them to go higher if they Page 56 September 20, 2006 want, and I've seen articles in U.S. Today where some municipalities are limiting the size of the house you can build but that, I think __ I'd have no problem with it. I don't intend building a 10,000 square foot house in the near future. COMMISSIONER COLETTA: No. But I mean, you can take into consideration like the size of the lot. You've got an acre and a quarter lot -- MR. CHRZANOWSKI: Yes, sir, percentage. COMMISSIONER COLETTA: -- where they build almost to the edge there. What is it, seven and a half foot on each side just for the setbacks for the side lines? MR. CHRZANOWSKI: Yes, sir. COMMISSIONER COLETTA: They just fill that up, and then they -- you go to two and a quarter and you go up to five, and then some people even have a few tens out there. Something might be able to be done to make some sort of consideration for it. But maybe we should look at the idea that the new ones going in there should have water retention of some type. MR. CHRZANOWSKI: That's been suggested, too. That would mean that every house then in Collier County that was submitted for review would have to-- COMMISSIONER COLETTA: Have water retention. MR. CHRZANOWSKI: -- get an engineering review or at least a signed and sealed engineering drawing. COMMISSIONER COLETTA: Well, I-- MR. CHRZANOWSKI: I don't have a problem with that if __ COMMISSIONER COLETTA: I don't know. How do you feel? I mean, the commissioner __ CHAIRMAN HALAS: I feel the same way. I tell you, in my district we have not only Pine Ridge, but we have Naples Park, and the problem that we're running into is that these are older neighborhoods -- and even in Palm River and Willoughby Acres. Page 57 September 20, 2006 These are older neighborhoods, and there's a lot of redevelopment going on, and the problem is, when they build these house pads up, they're not held accountable for retaining the stormwater on their property. And what happens is, people that never experienced flooding now are experiencing flooding, and it's -- and the person that builds these mega homes or these big pads are not held accountable for taking care of the floodwater and directing it to the other areas other than their neighbors. And this is __ COMMISSIONER COLETTA: Or retaining it. CHAIRMAN HALAS: Yeah. And I think they -- I think we need to come up with some way ofre -- of those people having to address the stormwater issue whether they have to put underground storage systems in or whatever else. I know that adds to the cost of the house, but the end result is, you can't keep flooding your neighbors out. COMMISSIONER COLETTA: No, we can't. And what we're talking about is we're still going to have to look at a central place to be able to take water runoff. We're going to have to buy lots eventually, we're going to have to have reservoirs put in. There's going to be all sorts, but meanwhile, we're allowing people to keep going at it and to continue to build and just exacerbating the problem. So tell me, is it too late to be able to add something to this, or is this something that we should __ MR. CHRZANOWSKI: You'd have to ask the attorney. I could write something up saying that the largest footprint you could have on the ground is 3,000 feet, and I think you'd have every contractor in town at your next meeting. Not a problem. COMMISSIONER COLETTA: Listen, I'm willing to take anyone on in this issue. I've had it right up to here with the flooding. And the people come back and they say, you know, you're responsible. You're allowing this to continue, and they're right. We are allowing it to continue. So why don't we come up with something Page 58 September 20, 2006 that can address this situation in a logical and sane manner? MR. CHRZANOWSKI: It does get complex though, because if you look at that situation there, the elevations show that the flow is going from left to right, and the right way to hold -- retain water on a site is berms, whatever. If you start putting berms in an area that used to pass flow, you limit that flow, which is the problem we had in Golden Gate. We don't want berms in the flowways. So everything would have to be engineered, and not just locally. You'd have to look at large neighbors. It becomes a bit more of a design problem than a single house. COMMISSIONER COLETTA: Well, don't we require it of developers that come in to do the large PUDs? I thought that was -_ MR. CHRZANOWSKI: Yes, sir. Those are taken care of. Those are exempt by this. We're talking Pine Ridge, we're talking Willoughby Acres, Golden Gate Estates. COMMISSIONER COLETTA: I have no second thoughts in my mind. Do it. That's my feeling, you know, I can't think of any other -- I'm sony, Mr. Schmitt. It sounds like I might be jumping off the right end, is that what you're going to tell me? MR. SCHMITT: Well, my concern is, we're trying to put a Band-Aid on a -- kind of a severed artery here because the pond behind each house may solve one problem but create six more. Normally what you would do, is like Stan said, would have to be an integrated water management system, just like certainly in a PUD we require a 25-year storm event; 72-hour, 25-year event. These are platted subdivisions, old subdivisions, that, frankly, have inadequate central drainage systems. To go -- certainly the first thing you'd want -- the best thing to do is go in and retrofit and design and engineer for the entire community. That would be tremendously expensive. So if you want to go to the next step where we -- as someone builds, they retain on site. We're dealing with -- now we're dealing with other issues -- Page 59 September 20, 2006 COMMISSIONER COLETTA: I know. MR. SCHMITT: -- two and three and five years later. I think we need to look at it. COMMISSIONER COLETTA: But I mean, if we don't do something -- MR. SCHMITT: Yeah, okay. COMMISSIONER COLETTA: Ifwe don't take some sort of action and we allow it to continue, then retrofitting the community might be the idea we'll have to go with, but that's down the road quite a ways. Meanwhile, they're building houses at an unbelievable rate. Maybe they've slowed down a little bit, but they're still building out there. And the system, it's just going to continue to get worse and worse and worse. So I don't know what it is. Maybe just some measure that we can put in place that will mitigate some of it. You know, the stem walls, the size of the houses, great idea. Anything we can do to try to make a difference. And then the East of 951 Committee will be dealing with the drainage issue globally rather than just specific lots. That's my thoughts. Now, you know, if anyone's got a better idea, I'm glad to listen. CHAIRMAN HALAS: I think we've got a better idea. We'll take a 10-minute break so we can give our court reporter a break, and then we'll reconvene at 7:01. (A brief recess was had.) CHAIRMAN HALAS: Okay. We're back in session again. And I believe we were in the process of answering -- getting questions and answers from Stan. And how many public speakers do we have on this? MS. FABACHER: We have three, Commissioner. CHAIRMAN HALAS: Okay. Is there any further questions from the Board of County Commissioners before we have -- address Page 60 September 20, 2006 the public speakers? COMMISSIONER COLETTA: No. I can wait till after. CHAIRMAN HALAS: Okay. Could you call the first public speaker, please. MR. F ABACHER: Sure. Our first public speaker will be Phil Carr, and after that we'll have Georgia Hiller. CHAIRMAN HALAS: Okay. MR. CARR: My name is Phil Carr, and I have some pictures. I'm right next door to one of these mega houses that they're building right now. I'm being flooded completely with their muddy water and stuff. They built a stem -- or a -- what is it I want to say? CHAIRMAN HALAS: Pad. MR. CARR: No. They filled the lot in six foot, and then they put -- built their pad. They did build a thing around it to try to -- a berm to try to keep the water except the berm isn't working. It washed out part of it. Water goes under the berm. One area they didn't put a berm. Consequently, my yard is full of muddy water all the time now since they started this house. CHAIRMAN HALAS: Okay. The house is not completed; is that correct? They're in the process of building it. MR. CARR: No. They're in the process of building it. And I have pictures here that I want to give you people so you can see what the problem is. CHAIRMAN HALAS: Okay. MR. CHRZANOWSKI: All these? MR. CARR: All of them. CHAIRMAN HALAS: Can you just pick out maybe three or four of them? MR. CARR: Right. But I want you guys to have the rest of them. CHAIRMAN HALAS: Oh, okay. MR. CARR: And the last part of these were taken yesterday. Page 61 September 20, 2006 Now, my yard happens to be this one over here. This was taken from -- CHAIRMAN HALAS: Can you point it out on the picture itself with the pencil, give us some idea, for the record. MR. CARR: My yard is right over in this area right here. This is the lot behind this house that they're building. Right over in their yard up? CHAIRMAN HALAS: And this is how high they built the lot MR. CARR: They built -- $100,000 worth offill. They went six foot. MR. SCHMITT: Sir, can you use the microphone? MR. CARR: They used six foot of fill on the property where the house is setting. COMMISSIONER FIALA: Where is that, by the way? CHAIRMAN HALAS: Where's this located? MR. CARR: This is in Pine Ridge on Mahogany Drive. I live at 111, and the house next door to me that they're building is 125. I've had the code enforcement people there three times just because of all this muddy water. This is another one. Let's see. Let's take it from the back again. This is taken from my yard. This is my yard here. The house is over in this area over here that they're building, and this is all the muddy water that I keep getting. CHAIRMAN HALAS: Now, before they filled this in, did you experience this type of flooding? MR. CARR: Not as bad. We had some, but we had Stan out there because we were catching water from that other house, that big ball of red on that other a while ago, from that house. And since then, they've cleaned that ditch out, and this year we haven't had any water since Stan and them come out and had that all filled in, or had that dug out. CHAIRMAN HALAS: And this is the lidar? Page 62 September 20, 2006 MR. CARR: This is the house here that we were having problems with. CHAIRMAN HALAS: And your lot is the one -- show where your lot is, here, if you would. MR. CARR: This is my lot right here. CHAIRMAN HALAS: You're in back of him, okay. MR. CARR: Right. And right here, they had this all plugged up, and Stan and them come out, and they dug that, and so that stopped a lot of the water from coming through my yard. But the water now I'm having in my back yard is from my property because we did no filling there, and then also from this new house, I'm catching all the muddy water, all the drain. Also out in front of this new house, they filled a swale in with limerock so they could park and drive their trucks in and out. There is no swale there at all now. This shows you how high the house is compared. This is all their fill in here. This is where it used to be. I have a whole bunch of pictures here. I'll just let -- CHAIRMAN HALAS: I think we've got a pretty good picture of what's going on out there. MR. CARR: Right. But I'm catching nothing but the water. And that's all I had to say, thank you. CHAIRMAN HALAS: Thank you, sir. MS. F ABACHER: Our next speaker would be Georgia Hiller, and following that, Mr. Hale. MS. HILLER: Commissioners, Georgia Hiller, for the record. I'm the Vice Chair of the Pine Ridge Drainage Committee. We've been work with Stan Chrzanowski and Phil, among other neighbors, with respect to the problems they've experienced. It's because of these issues that Stan drafted what has come before you today and is the first step towards solving the problems that our county has faced. Page 63 September 20, 2006 Commissioner Coletta has been very proactive, Commissioner Halas has, and I'm sure the others have also with respect to this drainage Issue. I'd like to bring to your attention something that was just raised with respect to limiting the size of slabs. There is a way to accomplish that without limiting how much people can build on their property, which Stan was correct in suggesting that developers would object to. And what Monroe County has done is they have implemented a permitting requirement which basicalIy requires every lot to demonstrate how they will manage their runoff by showing the impervious to pervious lot area ratio and then showing how any excess runoff created by a greater impervious lot ratio will be mitigated. And I think that we could do the same thing here. It was very effective in Monroe County. It's in existence today. I have a draft of that particular permitting standard. And I would like to share it with Mr. Schmitt and Mr. Chrzanowski and work with them to develop this and present this to you possibly in the next cycle or maybe even in this one if permitted. Thank you. CHAIRMAN HALAS: Joe, have you looked at any of -- that Georgia has talked about or -- MR. SCHMITT: Yes, I'm welI aware of it. Georgia sent various notes, and I don't know if! ever got the latest copy. It you recalIlast year in your town halI meeting, we talked specificalIy about lot area ratio, size of house to size oflot, and some of those issues. This is -- and the board did not give any guidance at that time. So we basicalIy -- staff did nothing with it. We certainly can look at this with the understanding, though, that as __ so you understand, this does require, again, more reviews, engineering -- site specific engineering for every single-family home. Probably we would -- we would be tied to those developments that do not have central drainage systems. Page 64 September 20, 2006 And it will add, number one, more expense, because you're going to have to have a registered professional engineer stamp and seal that design, and it will have to be reviewed and it will have to be inspected. And we'll bring all that back if that's the direction. I would have to also preface that it could not be done during this cycle. We would have to take this and then develop it for the next LDC amendment cycle, because it's an extensive amount of work. We would -- certainly we would have to bring it back through all the committees again, advertising, so it's not something I could just bring back in the next cycle. CHAIRMAN HALAS: Okay. MS. HILLER: Can I add one thing? MR. SCHMITT: Not the next meeting, I'm sorry, to correct the record. CHAIRMAN HALAS: The next meeting. MR. SCHMITT: And we'd be bringing -- it would be in the next cycle. CHAIRMAN HALAS: Okay. MS. HILLER: It is a fee-based approval process, and so basically any additional cost to the county to implement such a permit would be self-funding. The other thing I'd like to add, for the record, is that Stan Chrzanowski has done an outstanding job in working with us and working towards the solutions. And we've been one year in the making in bringing this drainage change to the Land Development Code, and I really want to applaud him. (Applause.) MS. HILLER: Thank you. MS. F ABACHER: Mr. Hale. MR. HALE: Nick Hale, for the record. I'm chairman of the Pine Ridge Civic Association Stormwater Committee, and Georgia and I have done a great deal of work on this with a large number of county Page 65 -_. .----- September 20, 2006 staffers. Pine Ridge is 52 years old this year, and we've never had a survey. So through some diligent urging, the stormwater management people have let a contract for a survey, and it should be almost finished now. When that's done, they will know for the first time exactly which way the land lies, which way the water flows in some detail, and they can then design a system to move that water into places like the Goodlette Canal, where it can be -- where if it's ever maintained, the water will be able to flow, some down southward into the Gordon River, others will flow northward -- because the high part of Pine Ridge is right there, some will flow northward eventually into the Caloosahatchee River. But over the years, Pine Ridge, which used to have very good drainage, was surrounded on all four sides by six-lane highways, and because the natural flow of water, the historic flow of water, was not maintained, contrary to ordinances and statutes, things started to back up. Vanderbilt Beach Road to the north and Goodlette to the east are the main villains in this, and so a lot of water is blocked, and the northeastern part of our community has been underwater quite often. The subject of this amendment, these house pads, if you pass this, this will be a big help because somehow all the very rich people who couldn't get into Port Royal have decided to come into Pine Ridge, buy the older houses and tear them down and build these great big mega homes. Our lots go from one to six acres, so there's a lot of room, and they're building them. When they -- when they bring in this expensive fill, it's not a big problem for them. When you're putting up a $5 million house, spending $100,000 on fill dirt is just a minor thing. So we really need this amendment to cut down on these high, high houses. The one you see here, which Stan showed on the display, flows Page 66 September 20, 2006 water when we have rain, really good rain, right down onto my house, which is the one between the house in the middle of the court and the lake. Now, this is a natural lake and quite a good lake with high banks, so we don't get flooding from the lake, but we get flooding from the house in the middle. And stormwater management has consistently refused to build -- to dig swales around that house for reasons which I think you are -- best left to them to explain. But if we had those swales, we would be a lot better off. The water would not flow across the road and onto the properties that have never had flooding before, before that home was built. But this change to the Land Development Code will be a very big help to us, and we urge you to pass it. Do you have any questions? CHAIRMAN HALAS: Thank you very much, Nick. Commissioner Fiala? COMMISSIONER FIALA: Yeah, I think this is also going to help in my region. We have a lot -- because we're at the bottom end of the sheet flow, we get a lot of flooding there. We have a lot of wetlands in that area, and we're having the same problem, especially along Rattlesnake Hammock Road right now. And so I think this is going to help us as well. Thank you. CHAIRMAN HALAS: I think this is a step forward in the right direction. And I think some of this other issues of swales and how we're going to direct the water, that may be a cost sharing item, but I think this is the start, because we -- I believe that this problem, as you said, it's in your area because we did have some people that came over in regards to a development and how it affected their water because of the fact that there was a lady that brought forth some pictures, and there was almost a three-foot elevation change and it was causing a serious problem for that community, and that's an older community also, and we've got the same problem in other areas. Page 67 September 20, 2006 And Commissioner Coletta, he's experiencing that particular problem now with the -- with the wet season that we've had, so __ COMMISSIONER FIALA: I'd like to ask one more question, if! may. CHAIRMAN HALAS: Sure. COMMISSIONER FIALA: While they're building or when they're preparing to build this house or put the fill in, will they be required to first put in the stonnwater management system before they start building so this doesn't happen while people are building a house? And really, you get to see then what's going to happen to the surrounding properties. MR. CHRZANOWSKI: No, ma'am. That will be with the next cycle because we don't have any rule right now that says a single-family house has to provide a stormwater management plan per se. It's just a little sheet that shows which way you're going to shed your water from your site. COMMISSIONER FIALA: Can we add something like that to it if it meets with everybody else's approval? MR. SCHMITT: We have direction from the board, and we'll bring it back next cycle. CHAIRMAN HALAS: Do we have direction? Yes. MR. CHRZANOWSKI: Next cycle? MR. SCHMITT: Next cycle. MR. CHRZANOWSKI: Not this cycle. COMMISSIONER COLETTA: But I think we also gave further direction that we want to see something more elaborate coming back in the next cycle. MR. CHRZANOWSKI: Lot coverage __ MR. SCHMITT: Lot coverage __ MR. CHRZANOWSKI: -- and on-site retention. MR. SCHMITT: -- and on-site retention or on-site drainage plan of some sort. Page 68 September 20, 2006 COMMISSIONER COLETTA: Start working it through the process. COMMISSIONER FIALA: To be built first before they start flooding the surrounding areas and build a home, right? MR. CHRZANOWSKI: Yes, ma'am. I can put that in there. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN HALAS: Yeah. And let's have some more open discussion amongst the commissioners here so we have __ understanding where we're going. Commissioner Coyle? COMMISSIONER COYLE: I presume all of these streets, at least in this particular example, have swales for drainage? MR. SCHMITT: Sir, in this area, probably inadequate swales. It's not like the City of Naples where there is at least an attempt or there are stormwater runoff systems. This area, no. Certainly in Golden Gate, no. COMMISSIONER COYLE: So there are no swales along the streets? MR. SCHMITT: Stan? MR. CHRZANOWSKI: I cycle through this area. Some ofthem have swales and some of them don't. In Golden Gate every street has a swale, but the swales don't necessarily __ MR. SCHMITT: Go anywhere. MR. CHRZANOWSKI: -- go anywhere. Sorry. Some ofthe swales run uphill. COMMISSIONER COYLE: Well, in Commissioner Coletta's district, that's the way it flows out there. MR. CHRZANOWSKI: The problem is that the sloughs in Golden Gate don't necessarily correspondence to where the canals are. Sometimes -- and there's a canal about every two miles, but sometimes there's a slough halfway between the canals. And when they dug the swales, they just followed the lay of the land, not having topography. Page 69 September 20,2006 This was in the '70s, so the swales don't run toward the canal. They run towards the slough. Now, to correct that you'd have to run the swales toward the canals which would drain the slough, which is presently against DEP and water management district for water quality retention. So you're kind of stuck. COMMISSIONER COYLE: Well, I guess, bottom line is, I don't know that you can establish a single rule that is going to solve all of the problems, but I think as a general statement of policy, we should demand that there either be retention on the lot or there should be a stormwater drainage system that works to take it off the lot so that it's not deposited on somebody else's property. CHAIRMAN HALAS: Exactly. COMMISSIONER COYLE: There just is no excuse for the drainage to go off on somebody else's property, and there should be damages concerning that. MR. CHRZANOWSKI: If you look at the topography, the drainage does naturally flow from the darker colors to the lighter colors. So drainage does flow from one property to another, that's where we talk about historic sheet flow patterns. And in the Estates, these historic sheet flow patterns, like you saw with the Selck issue, they go through one person's lot, through another person's lot, through another -- it's the way of the slough. COMMISSIONER COYLE: Well, you see, to use an example here, that's exactly what I'm talking about. This house that has built up the pad very high, if you go straight north, I guess -- is that your property, Nick, this one? MR. HALE: Dh-huh. COMMISSIONER COYLE: Okay. We ought to put a drainage ditch right through the middle of Nick's property. But if you look at, if you look at this --I'mjustjoking with you, Nick. If you look at that property, you will see there's a green area just to the Page 70 September 20, 2006 north, and then there's a little bit of brown area, and then green area before you get to the lake. Now ifthat lot for both Nick's property and others, had a drainage -- CHAIRMAN HALAS: System. COMMISSIONER COYLE: -- swale or pipe -- MR. CHRZANOWSKI: Between the -- COMMISSIONER COYLE: -- between those two, you could direct the runoff from this house right through there into the lake, and it wouldn't flow on anybody's property. But that's just one situation. And I don't know how you're going to design these things to do it for everybody. MR. CHRZANOWSKI: It's somebody else's land, and we don't have an easement to go across with the swale. We have an incident in Pine Ridge where they're trying to get an easement to go in to repair a pipe, and the people that own the property on the side don't want to give it. MR. SCHMITT: Commissioner Coyle, to answer your -- just to highlight, because the requirements for a design or site specific as being requested for even a lot area ratio or whatever, and they come in and say, I'm going to move the water to the front of the house, and without some kind of a central system, then what? If they cannot demonstrate where the water's going to go adequately, just as you point out through Nick's yard or adjacent to his yard, we would have to have some kind of criteria to say, permit denied. CHAIRMAN HALAS: The problem that we're running into, Joe, is that the people may have had water on their lawn, but it may have only been about an inch or two inches deep. Now we're getting a situation where the water is becoming six to eight inches deep because of the fact that we're adding homes and we're putting pads in. And where that home or that pad is being constructed, it might have been a low point, and obviously this person Page 71 September 20, 2006 that spent $100,000 for fill, this probably was an area where the water settled. And so this person bought the land and then put the fill in, and now, guess what? The -- it's higher than the property next door, and now these people have got not one inch of water on their lawn, but they've got six inches of water. MR. SCHMITT: It's the tyranny of the last lot developed. That lot, which I believe -- Stan, if you could show on the lidar -- where the house now sits was a low area, and I would probably have to guess that water did flow from other people's yard into that lot. Now that that lot is filled, it prohibits some of that flow. Yeah, there's the lot. The other two lots in the blue -- we've been back there, Stan, and those are all small retention ponds behind their homes. MR. CARR: There was another house there -- CHAIRMAN HALAS: Sir, you have to go to the mike, please. MR. CARR: That house there -- there was another house there before, and they bulldozed the house and they filled up from there on. So there was no low water there right where that particular house is sitting. There could have been water in the back yard, front yard and that. But there was no water where that house was being built. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: We know what the problem is, you know. We don't have to discuss that anymore. What we need to do is give the staff a general guidance that hey, stormwater runoff isn't acceptable. You have to accept responsibility for either retaining it or directing it somewhere, and the staffhas to corne back to us with some methods of getting that accomplished. Is that right? Is that pretty much it? CHAIRMAN HALAS: I'd say that's it. Have I got -- have we got enough nods here? COMMISSIONER COLETTA: Yes. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Oh, yes. Page 72 Text underlined is new text to be added. Text striketAFGbl@R is GblrreFlt text ta ~e aelates. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: John DiMartino DEPARTMENT: Engineering Services AMENDMENT CYCLE: eycle 1, 2007 LDe PAGE: LDC6:20 LDC SEeTION(S): 1.08.01 1.08.02 6.05.02 Abbreviations Definitions Bulkheads and Seawalls eHANGE: Requires residential new construetion to provide minimal pretreatment of stormwater runoff prior to discharge into canals serving the Gulf of Mexico. REASON: No standards are currently defined; runoff is simply delivered over the seawall without regard to water quality control. Infiltration trenches can be expected to remove up to 90% of sediments, metals, coliform bacteria and other organic matter, as well as up to 60% of phosphorus and nitrogen in the runoff. This excellence of pretreatment is achieved for very little effort. A secondary benefit is the contribution to structural stability and longevity of new and existing seawalls by improving equalization of stress and reducing potential for failure. FISCAL & OPERATIONAL IMPAeTS: Construction costs include clearing, excavation of trench, placement of filter fabric and stone and is virtually maintenance free. This compares favorably to current single family site preparation and development of clearing, grading, installation of irrigation and sod. RELATED eODES OR REGULATIONS: EPA40 CFR (National Pollution Discharge Elimination System), USACOE; (Coastal Management), County Ordinance 85-02 governing Seawalls and Revetments GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: This proposal was created 1 March, 2007. Revised per DSAC on May 2,2007, and revised per the CCPC on 15 August 2007. Amend the LDe as follows: 1.08.01 Abbreviations 19 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Tt:mt strikett:lFSbI€jR is Gblr-rSFlt tela te se €lalatea. Bold text indicates a defined tenn * * * * * * * * * * * * BMP - Best Manaqement Practice. * * * * * * * * * * * * 1.08.02 Definitions * * * * * * . * * * * * Best Manaaement Practices: Schedule of activity, maintenance procedures, pre-emptive site control measures and Dther manaqement techniques intended to reduce the discharqe Df PDllutants to waters of the United Slates. * * * * * * * * * * * * Infiltration trench: An excavated trench, nominally two to three feet in width and depth lined with a class "C" qeo-textile fabric, Dr better. and backfilled with clean stone aqqreqate. * * * * * * * * * * * * 6.05.02 Seawalls and Bulkheads * * * * * * * * . . * * D. Best Manaaement Practice (BMP) for sinqle family residential lots employinq seawall(s). CDaslal canal residential lots bounded by seawall(s) shall provide an infiltration trench adjacent tD and alonq the entire lenqth of the seawall servinq the lot perimeter. Infiltration trenches shall be excavated to a width and depth Df 2 to 3 feet. lined and secured with a class "C" qeo- textile filter fabric, or better. and backfilled with clean Y. - 1 inch stDne. Other aqency permittinq requirements nDtwithstandinq, infiltration trench characteristics shall be suitable fDr pretreatment of drainaqe areas of five (5) acres or less. The infiltratiDn trench shall be directly behind and centered Dn the 2" weep hole shown on the "Sample Concrete Seawall" detail of the Technical Specifications sectiDn Df County Ordinance 85-02. 20 1:107 Amend the LDC\2007-Cycle 11NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Text s:triketl=lr-ablElI=l is SI;;lFfeAt text te tle aeJetea. Bold text indicates a defined term LDe Amendment Request ORIGIN: Community Redevelopment Agency (CRA) Advisory Board AUTHOR: Jean Jourdan, Project Manager DEPARTMENT: CRA Advisory Board AMENDMENT eyeLE # OR DATE: Cycle], 2007 LDC PAGE: Beginning at LDe 1.08.02 (Bayshore Mixed Use Overlay) LDe SEeTlONS: 1.08.02,2.03.07 & 4.06.16-4.02.21 CHANGE: Add language to clarify that additions or renovations to existing buildings within C-1 through C-5 zoning districts may follow the existing LDC regulations for height and setbacks or the BMUD Overlay regulations, delete residential uses from the land use tables and add them under Residential Subdistricts, reduce the minimum required residential building square footage and the maximum residential building height, change build-to-line to set-back-Iine, and make minor edits, including deletions for clarity purposes. Revise BMUD Overlay map to designate lots located adjacent to the Neighborhood Commercial Subdistrict for Accessory Parking Zone (APZ) to APZ for consistency. REASON: Requested by the Bayshore Gateway Triangle Local Advisory Board FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to either Collier County or the public. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version created on August 14, 2007 Amend the LDC as follows: 1.08.02 Definitions Accessory Unit - An accessory unit is a separate structure related to the primary residence for uses which include, but are not limited to: library studio. workshop, playroom, or guesthouse. Streetwall - A freestanding wall parallel with the facade of an adjacent building for the purpose of screening parking from the street. 21 1:107 Amend the LDC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Tell:!: str-iketAFSbI~A is GblrrSAt tSllt te be QelstsQ. Bold text indicates a defined term Front Yard Build-to-Line - The line to which a building facade must be built, not a minimum distance. Awning -Temporary canvas or other material covering extending from and attached to the facade of a building, without ground supports. Accessory Parking Zone (APZ) - Residentially zoned lots that are oermitted for off street parking or water retention and manaaement areas. APZ lots must be adiacent to the Neiahborhood Commercial. Waterfront and Mixed Use Subdistricts and havgiflg a common lot line witA, and be under same ownership or legal control (lease, easement, etc.) NC Subdi8trict ana I,jsed for off stroet parking or watGr retention and management 9flly--, Mixed Use Project Approval Process - A process by which a land owner may petition the BCC for approval of a mixed use project - a mix of commercial and residential uses, as provided for in certain zoning overlay districts. If located within certain subdistricts in the Bayshore Drive Mixed Use Overlay District or the Gateway Triangle Mixed Use Overlay District, such a petition may include a request for increased density by use of bonus density pool units. 2.03.07 Overlay Zoning Districts I. Bayshore Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent. a. Bayshore Mixed Use Overlay District is to encourage revitalization of Bayshore Drive and its environs which is part of the Bayshore / Gateway Triangle Redevelopment Overlay with Traditional Neighborhood Design (TND) projects. TNDs are typically human- scale, pedestrian-oriented, interconnected projects with a mix of residential and commercial uses such as including retail, office and civic amenities and residential uses that complement each other. Residential uses are often located above commercial uses, but can be separate areas of residential use only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. When possible Qliuildings, both commercial and residential, are located near the street, and may have front porches and/or balconies. 2. Applicability a. These regulations shall apply to the Bayshore Mixed Use Overlay District as identified on BMUD Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as otherwise provided Qy ill this section of the LDC, all etAef uses, dimensional and development 22 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text E:tFiketl:1reblgl:1 is SblFFSAt ts;a: ts I3s eslates. Bold text indicates a defined term requirements shall be as required in the applicable underlying zoning category. b. Existing Planned Unit Developments (PUDs) are not subject to the Bayshore Overlay District requirements; however, PUD applications submitted, and found sufficient. after March 3, 2006 are included in the Bayshore Overlay District and must comply with the requirements stated herein. c. Amendments or boundary changes to PUDs that existed prior to March 3, 2006 are not subject to the Bayshore Overlay District requirements. d. Property owners within the BMUD Neiqhborhood Commercial (NC) or Waterfront (IN) Subdistricts may follow existing C-1 throuqh C-5 Collier County land Development Code regulations of the underlying zoning classification, or may elect to develop/redevelop under the mixed use provisions of the BMUD Neighborhood Commercial (NC) or Waterfront (W) Subdistricts of this overlay. through a mixed use project approval from the BCC. However. in either instance, BMUD site development standards are applicable to all new development, as provided for in section 2.03.07 I. 6.h. of this Code. e. Renovations to the interior or exterior of nonconforminq buildinqs in the C-1 throuqh C-5 zoninq districts shall be in accordance with section 9.03.00. of the lDC. * * * * * * * * * * * 4. Bonus Density Pool Allocation Under the Collier County Future land Use Element, 388 bonus density units are available for reallocation within the Bayshore/Gateway Triangle Redevelopment Overlay. The County Manager or designee will track the Bonus Density Pool balance as the units are used. These 388 bonus density units may be allocated between this BMUD overlay and the Gateway Triangle Mixed Use Overlay District (GTMUD), and shall only be allocated through the MUP approval process. * * * * * * * * * * * 6. Bayshore Mixed Use District (BMUD) Subdistricts a. Neighborhood Commercial Subdistrict (NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses (see 2.03.07 I. 6 Tables 1 23 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. TS1',\ E:tFil~stl=lr9bl!:i1=l is SIdFreRt tela: ts l3e aelates. Bold text indicates a defined term and 2). Developments will be human-scale and pedestrian- oriented. For mixed use projects only, subject to the MUP approval process in Sec. 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, except for the standards set forth in section 4.02.17 For mixed use projects only. subject to the MUP approval process in Sec. 2.03.07.1.3., refer to Tables 4- aflG-.:? subsection 2.03.07 I. 6 Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. c. Residential Subdistrict 1 (R1). The purpose of this subdistrict is to encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. The intent in new development it is to encourage a traditional neighborhood design pattern. RefeF to Tables 1 am] 2 fer l3erFFlittesl,Ises in this sl,l13district. i. Permitted uses. The followinq uses are allowed in the R1 Subdistrict. ill Residential Uses. 1. Sinqle-familv dwellinq units 2. Two-familv dwellinq units 3. Duplexes 4. Townhouses 5. Multi-familv Dwellinq Units 6. Motor Homes Mobile Homes. when permitted bv the underlvina zonina 7. Essential Services as provided for in section 2.01.03 8. Parks. Public or Private. Plav Areas and Playqrounds !2l Accessory uses. 1. Private Bboathouses and docks 24 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Tem stFikatt-lrs\:I!3t-l is s",rreAt text te BB salates. Bold text indicates a defined term 2., Docks and Dock Facilities 23. Garaqes 34. Guesthouses ~. Swimminq pools-private Residential Subdistrict 2 (R2). The purpose of this subdistrict is to encourage the development of multi-family residences as transitional uses between commercial and single-family development. The multi- family buildings shall be compatible with the building patterns of traditional neighborhood design. Refer to Tables 1 and 2 for l3erFRiltes uses in thi!: wbdi!:tricl. i. Permitted uses. The followinq uses are allowed in the R2 Subdistrict. a) Residential Uses. 1. Sinqle-familv dwellinq units 2. Two-familv dwellinq units 3. Duplexes 4. Townhouses 5. Multi-family Dwellinq Units. 6. Essential Services as provided for in section 2.01.03 7. Parks. Public or Private. Play Areas and Playqrounds g Motor Home!: Ql Accessory uses. 1. Garaqes 2. Guesthouses 3. Swimminq pools-private 4. Private boathouses and docks 25 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text ~tFikett:lr:ablQt:l i~ GblrreAt text ta se aelated. Bold text indicates a defined term e. Residential Subdistrict 3 (R3). The purpose of this subdistrict is to allow the development of multi-family, two-family dwellinq units, townhouses, and single-family residences. All new development in this Subdistrict shall be compatible with the building patterns of traditional neighborhood design. Refer te Tobles 1 and 2 for i3en'Ritles I,jses in this subdistrict. i. Permitted uses. The followinq uses are allowed in the R3 Subdistrict. a) Residential Uses. 1. Sinqle-family dwellinq units 2. Two-family dwellinq units 3. Duplexes 4. Townhouses 5. Multi-family Dwellinq Units 6. Mobile & Motor Homes. when permitted by the underlyinq zoninq. 7. Essential Services as provided for in section 2.01.03 8. Parks, Public or Private, Play Areas and Playqrounds Ql Accessory uses. 1. Garaqes 2. Guesthouses 3. Swimminq pools-private 4. Private boathouses and docks 26 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text f:trikethr-eblgA if: GblrrSRt tela: t8 se Glelete(;j. Bold text indicates a defined term f . Residential Subdistrict 4 (R4). The purpose of this subdistrict is the same as Residential Subdistrict R1 except only €lingle faR'lily sinale-familv detached dwelling units are permitted. Refer to Table€l 1 and 2 for permitted uee!: in thie !:ubdi€ltrict. i. Permitted uses. The followinq uses are allowed in the R4 Subdistrict. a) Residential Uses. 1. Sinqle-Familv Dwellina Units. 2. Essential Services as provided for in section 2.01.03 3. Play Areas and Playqrounds b) Accessory uses. 1. Garaqes 2. Guesthouses 3. Swimminq pools-private 4. Private boathouse and docks * * * * * * * * * 27 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text E:tFiI~etl=lrel:;l!ilA is GblFraFlt teJR te be a81at8a. Bold text indicates a defined term Table 1. Permissible land Uses in BMUD Mixed Use Subdistricts ili P = permitted "(3 .... Gl ; ~ E = permitted with certain E . ~ exceptions E ~~ ~ 0 (.) - - Blank cell prohibited l.l = .;: - (also see table of "C III conditional and accessory 0 '6 0 .c uses) ..c :l ~ ~ .... en 0 " - .c - -a,G c: 0 .. .- z 't: Gl;;:; z_ Gl - l.l '" Gl .;: :i: - "C c.!!! c ~ ~ ~ ~ 0 (.) ~"C ~ (.) :z;.g :z; ~ ~ ~ ~ land Use Tvoe or Cateaorv iij III en III Accountinq Services 8721 P P Administrative Service Facilities Adult Day Care Facilities & 8322 Centers Aqricultural Activities Aqricultural Outdoor Sales Agricultural Services 0741. 0742, 0752- Q7gJ Agricultural Services 0711, 0721, 0722- 0724, 0762, 0782, 0783 ~ Aircraft and Parts 3721-3728 Airport - General Aviation Amusement & Recreation 7911,7991 Services Amusement & Recreation 7999 tourist guides Services on Iv Ancillarv Plants Apparel & Other Finished 2311-2399 Products Apparel & Accessory Stores 5611-5699 P P Appraisers 28 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text E:tFikett:lFeblSlA is Gl::lrreAt text te (;,9 a8letea. Bold text indicates a defined term Iii P = permitted '0 ... .. < ~ E ~ ~ E = permitted with certain E ; ~ ~ ~ exceptions 0 ~ r t) - Blank cell prohibited 0 = .;:: - (also see table of "tl III conditional and accessory 0 :c 0 .c uses) .c ::l ~ ~ ~ ~ ... III 0 .c - f ~G c: 0 ... 'Qj ~ 'l: z_ Ql - 0 ca .. .;:: 3: - "tl c.!!! c E E ~ E 0 t) ;:)"tl ;:) t) :::i:.g :::i: ; ; ~ ; Land Use Tvpe or Cateaorv in lClIl lC [ Ii Ii Artist Studios: Painting, 7922 P P drawing, graphics, fine wood working, , mixed media, fiber art (weaving), glass, custom jewelry, clay ceramics/pottery), sculpture, photography, dance, drama, and music Architectural, Engineering, 0781,8711-8713 P P Surveyinq Services Assisted Livina Facilities Attorney Offices & Legal 8111 P P Services Auctioneering Service, 7389, 5999 Auction Rooms and Houses Auto and Home Supply Store 5531 Automobile Parking 7521 E" Automotive Repair, Services, 7514, 7515, 7521, ... +542 Automotive Repair, Services, 7513-7549 and Parking .'\utornotive Services Automotive Dealers and 5511, 5531, 5541, Gasoline Service Stations 5571,5599 Barber Shops or Colleges 7241 P P Beauty Shops or Schools 7231 P P Bikinq Trails Bowlina Centers 7933 Building Construction 1521-1542 5211 52e1 Building Materials, Hardware, ~5211-5261 29 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text Eitril~etRr8101~R is Gl:lrreRt text tel3e gel8te9, Bold text indicates a defined term Garden Supplies Business Associations 8621 Business Repair Service Ihlsiness Servises lJ11, ?:l1~, lJ22 lJ~1, lJ~B, lJ€l1, lJ71, ?:l72, lJ74 ?:l4€l, lJ79 Bblsiness Servioes lJ11 lJ1~, lJ22 lJ~B, lJ€l1 lJ79, ~ Business Services 7311, 7313. 7322- P P 7338, 7384 Business Servioes lJ11 lJ1~, lJ22 lJ~B, lJ€l1 lJ79, lJB4, ?:lB9 Bblsiness Servioes lJ11 lJa2, lJa9, lJ€l1 ?:l97, lJB9 Bblsiness Servioes lJ11 lJa~, lJa9 Business Servioes lJ12, lJ1:l, lJ19, lJ:l4 ?:l:l€l. lJ42 ~ Bblsiness Servioes ~ B1I8in088 aerviee& lJ12, lJ1:l, lJ19, lJ:l1, lJ:l4 lJ:l€l, lJ42, lJ49, lJ52, lJ€l1, ?:l€l~, lJ71 lJB4, ?:lB9 Business Servioes 7342-7379, 7384, 7389.7312 Business Services 7311, 7313, 7322 lJ:l1, lJ:l5 lJ~B, lJ€l1, ?:l71, lJ74 lJ7€l, ?:l79 Business/Office Machines Canoe Rental P Canoeinq Trails Care Units Carwashes 7542 Category II Group Care Facilities Child Care - Not for Profit Child Dav Care Services 8351 Churches & Places of Worship Civic and Cultural Facilities P P Collection/Transfer Sites Commercial Printing 2752 30 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. TSJH: 6tFiI~etI=lF8l:l!iJ1:1 is surreRt text t8 138 aeleted. Bold text indicates a defined tenn COFRFR\,lRiGationG 48124841 Communications 4812-4899 Communication Towers Construction Construction - Heavy Construction Special Trase 1711179d, 179a, CeRtmGtors 4+W Construction - Special Trade 1711-1799 Contractors Continuing Care Retirement Communities Depository Institutions 6011-6099 Dopository Institutions 9011, 9019, 9081, ~ Del39€:itery IR€:titl:Jti9RE: 9021 aOa2, 9091, a099, 9111 a1 ad 9921 9092 Drinking Establishments and 5813 Places DruQ Stores 5912 P P Druos and Medicine 2833-2836 Dl:Jl3lex9C: P P Eating Establishments and 5812 E' pEL Places Educational Plants Educational Service!: 8211 82d1 IOducational Services 824d 8249 Educational Services 8221-8299 Educational Service!: 8211 8244, 8299 Electronic Equipment & 3612-3699 Other Electrical Equipment Engineering, Accounting, 8711 8748 Management and Related Services Engineering, Accounting, 8711-8713 P P Management and Related Services Equestrian Paths Essential Services" P P P P P P Excavation 31 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text Etril~etRr.a1:J!3R is S\;lr.r.6At tent ts be GlBlated. Bold text indicates a defined term Fabricated Metal Products 3411-3479, 3419- 3499 FairQrounds Familv Care Facilities Fishina Piers FishinQ/Hunting/Trapping 0912-1919 Fixture ManufacturinQ Food Manufacturing 2034, 2038, 2053, 2064, 2066, 2068, 2096,2098,2099 Food Products 2011-2099 Food Stores 5411, 5421-5499 E1 P Food Storm: 54115499 Fraternal OrQanizations Funeral Services and 7261 Crematories Furniture & Fixtures 2511-2599 ManufacturinQ Gasoline Services Stations 5541, 5511-5599 General Contraclors 1521-5261 General Merchandise Stores 5311-5399 P P Glass and Glazina Work 1793 Golf Courses Government 9111-9222, 9224- Offices/Buildings 9229, 9311, 9411- 9451, 9511-9532, 9611-9661 Group Care Facilities Gunsmith Shop 7699 Hardware Stores 5251 Health Food Stores Health Servicos 8011 8049 Health Services 8011-8049, 8082 P P Health Services 8051-8059. 8062- 8069, 8071, 8072, 8092-8099 Heavy Construction 1611-1629 Hiking Trails Home Furniture, Furnishings, 5712,5719, 5731- P P Eauipment Store 5736 Homo Furnituro, Furnishings, 57125ns . C,,_ Horne Supply Store 5531 32 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text strik8tt:lr:eI::lEjA is Sl:JrreRt text ta 138 aelated. Bold text indicates a defined term Hotels and Motels 7011,7021,7041 Hotels and Motels 7011 E~ E~ Houseboat Rental 7999 Individual & Family Social Services Industrial Inorganic 2812-2819 Chemicals Industrial, Commercial, 3511-3599 Computer Machinery and Equipment Insurance Agencies, Brokers, 6311-6399,6411 P P Carriers In&lIrQlls€l QEJ€l!lt&, erek€lF&, 6d61 and 6411 and e;9rvice, inell,iElinQ Title I ne;urance Investment/Holdina Offices 6712-6799 Job Training & Vocational 8331 Services Justice, Public Order & 9221,9222,9229 Safety Labor Pool 7363 Labor Unions 8631 Lakes Operations 7999 Large Appliance Repair 7623 Service Legal Services 8111 P P Leather Products 3131-3199 Libraries 8231 Local and Suburban Transit 4111-4121 4131-4173 local and Suburban Transit 41d1 417d lumber and Wood Products 2426, 2431-2499 Management 8. Public 8741 874d, 8748 P. P. Relations Manaaement Services 8711-8748 P P Marinas 4493 P P Measuring, Analyzing and 3812-3873 Controllina Instruments Medical and Optical Goods 3812-3873 Medical Laboratories and 8071, 8072, 8092, Research & Rehabilitation 8093 Centers Membershio Oraanizations 8611-8699 P P 8d11, 86d1 33 1:107 Amend the LDC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Te)~ stril~etRr.81::l!iJR is SHrreRt tel~ te t:le aeleteGt. Bold text indicates a defined term 39'l4 ll€i11, lle21 Misc. Manufacturing 3911-3999 Industries Miscellaneous Plastic Products Miscellaneous Repair 7622, 7629" E"" EOL Service 7631, 76991 MiE:cellaneou~ Repair 7€i22 7e41, 7e99 Service Mi~cellaneou~ Repair 7e22 7e99 Service Mi~cellaneouE: Retail 13912, 13942 age1 Service~ Mi~cellaneouE: Retail 5912 5ged Service~ Mi~celkmeouE: Retail a9125Bed, 5B92 Service~ agw Miscellaneous Retail 5912, 5932-5949, P P Services 5992-5999+ Mobile Home Dealers 5271 Motion Picture Production 7812-7819 Motion Picture Theaters 7832 Motor Freight Transportation 4225 and Warehousing Motor Homes ~ ~ ~ ~ Multi-Family Dwellinqs P P Museums and Art Galleries 8412 P P Nature Preserves Nature Trails ,....~...:+ €i141 €i1€id Non-Depository Credit 6111-6163, 6011, Institutions 6081. 6082. 6019. 6021 6091 6099 €i011 €i1€id Non Depository Institutions €i011, €i019, €iOll1, ~ €i021 €i0€i2, €i091 , ,,- 6099, 6111 €i1€i3 34 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text &trikethrgu~1=l is surreAl tellt ts laa 8alata8. Bold text indicates a defined term Nursinq Homes 8051,8052,8249 Office Machine Repair 7629-7631 Service Oil & Gas Exploration Open Space Outdoor Storaqe Yard Paint, Glass, Wallpaper 5231 Stores Paper and Allied Products 2621-2679 Park Model Travel Trailers Park Service Facilities Parkinq Facilities P P Parking Services P P Parks, Public or Private P P. P. Parochial Schools - Public or Private 8211 Party Fishing Boats Rental 7999 P Performinq Arts Theater!! 7922 P" Personal Services ~ P. P. Personal Services 72127215, +n1-- 7251, 7291 Personal Services 7212, 7215, 7221 ~ Personal Services 7212,7291 P P Personal Services 7211, 7212, 7215, 72Hl, 7291, 7299 Porsonal Servises 7215, 7217, 7219, 7261, 7291 7299 Personal Services 72117219, Personal Services 7215-7231, 7221- 7251, 7241, 7261, 7299 Porsonal Sorvicos 7221, 7291 Photoqraphic Goods 3812-3873 Photographic Studios 7221 P P Physical Fitness Facilities 7991 Physical Fitness Facilities Pickup Coaches Plant and Wildlife Conservancies Plastic Materials & Synthetics 2821.2834 Play Areas and Playgrounds P Pleasure Boat Rental P Printing and Publishing 2711,2712 Industries Printing and Publishing 2711-2796 Industries 35 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. TaJa; 6tFiI~etI=lFe\;lgh it Gblrr9At text te S9 aalatea. Bold text indicates a defined term Professional Offices 6712-6799, 6411, P P 96311-6399,6531, 6541, 6552, 6553, 8111 Professional Orqanizations 8631 Public Administration 9111-9199, 9224, P P 9229.9311,9411- 9451. 9511-9532, 9611-9661 Railroad Transportation 4011,4013 Real Estate 6531-6541 P P Real Estate 6521 6541 Real Estate ~ Real Estate 65126514. 6519, €l5d 1 €laad Real Estate Broker€: and ~ .. Real Estate Offices €lad1, €la41, 6512- 6514. 6519 6552, 6553 Recreational Service Facilities Recreational Services - 7911-7941, 7991- Indoor 7993, 7999 Recreational Uses Recreational Vehicles Rehabilitative Centers 8093 Repair shops and related 7699 services, not elsewhere P P classified Research Centers 8093 Research Services 8732 Residential uses P P 12 12 12 12 Retail Nurseries, Lawn and 5261 Garden Rubber and Misc. Plastic 3021,3052,3053 Products Safety Service Facilities Schools, public Schools - Vocational 8243-8299 Security Brokers, Dealers, 6211-6289 P P Exchanoes, Services Shoe Repair Shops or 7251 P P Shoeshine Parlors Shootino ranoe. indoor 7999 Sinole-Familv Dwellinqs P 12 12 12 12 Social Services 8322-8399 36 1:107 Amend the LDC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text 6tril~ett:lI:el;;l~R is Gl;;lrrent text te se aelates. Bold text indicates a defined term Stone, Clay, Glass and 3221, 3251, 3253, Concrete Products 3255-3273, 3275. 3281 Storage Synthetic Materials 2834 Testing Services Textile Mill Products 2211-2221, 2241- 2259, 2273-289, 2297, 2298 Timeshare Facilities Title abstract offices 6541 Tow-in Parking Lots 7514,7515,7521 Townhouses P P P. P. P. Transoortation bv Air 4512-4581 Transportation Equipment 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799 Transportation Services 4724-4783,4789 Travel Agencies 4724 Travel Trailers 5561 Two-Family Dwelling Unit P P P. P. United States Postal Service 4311 E~ E~ Veterinarian's Office 0742 E-'" E-'" Veterinarian's Office 0752 P P Videotape Rental 7841 Ell pll Vocational Rehabilitation 8331 Services Welding Repair 7692 Wholesale Trade 5148 Wholesale Trade - Durable 5021, 5031, 5043- Goods 5049, 5063-5078, 5091, 5092. 5094- 5099 Wholesale Trade - 5111-5159, 5181, Nondurable Goods 5182,5191 Wildlife Conservancies 9512 Wildlife Management 0971 Wildlife Refuge/Sanctuary Wildlife Sanctuaries Watches/Clocks 3812-3873 ~ Excludes major distribution center. 10 . _Excludes outdoor kenneling 11 Limited to 1,800 square feet of gross floor area. 37 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text E:trikett:lF9\:l€lA is S\:lrrSAt text te Be gelete8. Bold text indicates a defined term Table 2. Land Uses that May be Allowed in Each Subdistrict as Accessory or Conditional Uses. C = conditional use A = accessory use Administrative build in or service Adult da care Agricultural: animal & livestock breeding, exotic aquaculture, aviary, diary or poultry plant, egg production, exotic animals, ranching. or wholesale reptile breed in A ricultural A ricultural services Amusement & recreation services Amusement & recreation services ell "0 o U U en 8322 0741,0742, 0752-0783 7911 7911-7941, 7991-7993, 7997, 7999 7948, 7992, Amusement & recreation 7996, 7999 services AncHia lants Animal control A uariums Arche es Assisted Iivin facilities 8422 7999 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc 38 ~ 3: . . ::l ::l :!!: :!!: C C CD CD Text underlined is new text to be added. Text €tFikett:lFSbl13t:l is surrBRt text ta sa G1eletea. Bold text indicates a defined term C = conditional use A = accessory use Q) U . < ~ . "C Z ~ C ~ ~ 0 . . U ::l ::l ; ~ ~ ::!: ::!: u c c ~ in III III Auctioneering Services, 7389, 5999 auction rooms and houses 5521, 5551, Automotive dealers and 5561,5599 aasoline service stations Automotive rental/leasing 7513,7519 Beach chair, bicycle, boat or moped rentals Bed & breakfast facilities 7011 C C Boat Rental A Boathouses AJ:l A A Boat ramos A Boat vards A A Botanical aarden 8422 Bottle clubs 5813 Camping cabins Care Units Caretaker's residence Category II group care facilities Cemeteries Chemical products 2812-2899 Child dav care 8351 C C Churches & places of 8661 worship 12 -Only for waterfront property 39 1:107 Amend the LOC\2007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text Etril~8tRFEll::l~R iF; Gl::lrreAt tala: te 8e Belated. Bold text indicates a defined term Civic & cultural facilities Clam nurseries Cluster development 5813 Cocktaillounaes Collection/transfer sites Commercial uses 4812- Communications 4841 Communication towers Communitv centers Community theaters 7922 Concrete or asphalt plants Continuina care/retirement centers 5411 Convenience stores Dancing establishments & staged entertainment 6011- Depository institutions 6099 Detention facilities A A A Docks & Dock Facilities 5813 Drinkina establishments Drivina ranaes Earth minina 5812 Eatina establishments 8211- Education services 8222 40 1:107 Amend the LDC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text E:triIH)thrsblQI=l iE: Sblr:r:eRt tel::!: t813a aalatea. Bold text indicates a defined term Education facilities; public & private 8211- schools 8231 Electric generatina plants 4911- Electric, gas, & sanitarv services 4971 Excavation Extraction related processing and production 3482- Fabricated metal products 3489 Farm labor housing 5153- Farm product raw materials 5159 Field crops Fis hing/h u nti ng/trappi ng 0912- 2011. Food products 2048 Food service 5411- Food stores (over 5,000 sJ.) 5499 Fraternal lodges, private club, or social clubs 5983- Fuel dealers "OQO Fuel facilities Ci< Funeral services & crematories 7261 Garage A A A A A Gas generating plants Gift Shops Golf club house Golf course Golf driving range Group care units Guesthouses A A A A .1] For watercraft only. (not as an auto gas station or fueling center) 41 1:107 Amend the LOC\2007-Cycle 1\NEW AMENP (090907) CAF.doc Text underlined is new text to be added. Text ~tFiketl=lr9bll31=l is GblFreFlt te}~ te be elalatea. Bold text indicates a defined term Health services 8011 Homeless shelters 8322 Hospitals 8062-8069 Hotels and motels 7011,7021,7041 Huntinq cabins Incinerators Jails Justice, public order & 9211-9224 safetv Kennels & kennelinq 0742, 0752 Kiosks Leather tanning & 3111 finishinq Livestock Local and suburban 4111-4121 Local and suburban 4131-4173 Lumber and wood 2411-2421, 2429 products Maintenance areas Major maintenance facilities Marina 4493,4499 Mental health facilities Merchandise - outdoor sales Miniature qolf course 7999 Mixed residential and commercial Model homes and model sales centers Motion picture theaters 7832 Motion picture theaters 7833 42 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text 6tril~atRFQuQh is: SblFFeFlt te;a; ts be aelates. Bold text indicates a defined term Motor freight 4212, 4213-4225, transportation and 4226 warehousinq Motor freight 4225,4226 transportation and Noncommercial boat launchinq ramps Nurserv - retail 5261 Nursing and personal 8062 care facilities Nursing homes Oil and aas extraction 1321,1382 Oil & gas field development and nrnrlllrtinn Outdoor display Packinahouse Paper and allied products 2611 Personal services 7291 Petroleum refining and 2911-2999 related Pistol or rifle ranqe Play areas and plavqrounds Poultrv raisinq (small) Primary metal industries 3312-3399 Private boathouse and A A A A docks Private clubs Private landinq strips Pro shops (Iarqe) Pro shops (small) Recreational facilities Recreational services Refuse systems 4953 43 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text stril~etRr.el::J~1=I is Gurrent text te 8e aeletea. Bold text indicates a defined term Rehabilitative centers 8093 Repair or storaQe areas Residential uses Resource recovery plant Restaurant (small) or 5812 snack shop Restaurant (larQe) 5812 Retail shops or sales Rubber and misc. Plastic 3061-3089 products Sanitary landfills Sawmills Schools, public or private Schools, private Schools, vocational 8243-8299 Service facilities Slauqhterinq plants 2011 Social association or 8641 ~I"h~ Social services 8322-8399 Soup kitchens Sports instructional camps or schools Staged entertainment facilitv Stone, clay, glass and 3211, 3221, 3229, concrete products 3231, 3241, 3274, 3291-3299 Swimminq pools - public SwimminQ pools -private A A A A A A StoraQe, enclosed Tennis facilities 44 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc Text underlined is new text to be added. Text e;trikethrel:lgh ie; GblFr8Rt text te 138 8elate8. Bold text indicates a defined term Textile mill products 2231, 2261-2269, 2295, 2296 Transfer stations 4212 Veterinarian's office 0741-0742 5015, 5051, 5052, Wholesale trade - 5093 durable qoods 5162, 5169, 5171. 5172,5191 Wholesale trade - nondurable goods Yacht club 7997 Zoo 1 This use does not include tow-in parking lots or storage. ':"Except concessions stands, contract feeding, GliRIl8r th8:JterE, drive-in restaurants, food services (institutional), industrial feeding, ]. For requirements pertaining to Essential Services, see section 2.01.03 of this code. !.Except convenience stores aR8 El:l1'18FFfl:Jrkets 5 _Except hostels Q Except Aircraft, business and office machines, large appliances, and white goods such as refrigerators, and washing machines. 7 Antique repair and restoration, except furniture and automotive only, bicycle repair shops only and rod and reel repair. .8 Performance seating limited to 200 350 seats 45 1:107 Amend the LOC12007-Cycle lINEW AMENO (090907) CAF.doc CHAPTER 4 Text underlined is new text to be added. Text E:triketl=lr-abl&JA iE: SblrreFlt telH ts 138 aelates. Bold text indicates a defined term SITE DESIGN AND DEVELOPMENT STANDARDS 4.02.16 Design Standards tor Development in the BMUD - Neighborhood Commercial Subdistrict treRt yarEl bllilEl te liRe set I;):ask liRe The treRt bllilEl te liRe set bask liRe sRall alse al3l3ly to any ne'N bllilEliRgs er strllstllres in the C 1 thr-eblgR C 5 C J zoning districts '",hich underlay the BMUD Neighborhood Commercial Subdistrict. 1. EigRty l3erGeAt of tRe l3b1ilE!iAQ'e: front fell"ade strllstllre shall be placed must be leGateE! eA at the rBfll:Jire8 'reAt yard indlEl te liRe; set back liRe. Tine reR'laining 20 Bersent sf tRe mcade hae: to be mble:t recee:e:ed back be behind the treRt yarEl bllilEl te liRe 'Nithin a R'liAiR'lblR'l the raAge ef J te 19 feel freR'l tne frent mcade. * 1. Pr-opertiee: develeped in conformance '",ith underlvinQ C 4 and C 5 zoninQ clae:sificotionc are ree:tricted to bblildinQ e:et backe: per section 4.92.91 ,II,. Tablo 2.1. 2. 811ilEliRgS containing sElR'lR'lerGial er ree:idential ue:ee: are ro~b1ireE! to have a minimum depth of J5 feet from the front set bask liRe yarE! bllilE! te liRe on all fleere:. The romaininQ depth of the lot may be used for parking. J. Bblildings on lets that abllt Bayshore and intorsecting side streets shall hovo the e;omo treRt yarE! bllilEl te liRe as the treRt yarEl bllilEl te liRe for Bayshore. * [This is to allow for an entry courtyard or 1:107 Amend the LOC12007-Cycle 11NEW AMENO (090907) CAF.doc 46 Text underlined is new text to be added. Text f:trikett:lreblQt:l is Syrr:sAt text ta se aeletes. Bold text indicates a defined term 8uilEliAg Design The builEling facaEles facing the inten;ecting east 'Nm;t streets with Bayehore ehall have the S3FF18 :1n~)Rite8tI:lF:11 dosiEln tre:Jtment ae the builEliAg facaEle facing Bayehore Drive. . Maximum square feetaEle ^ bl:lilEliAiI witR GGFFlmarsbl usa GRly is IiFFlite8 to a maximum builclinQ feet ariAt equare footage of "" """ <, -, , Minimum Floor .^.rea 700 square foot gross floor area for each builcling '" Maximum height ef stnllltures TAe R'laximum builclinQ h€li€lRt Gf P~roflertios clovoloflecl in conformance with llnclorlying C 4 ancl C a zeAiAg slassifications are rostrictecl to maximum builEliAg height fler shall 130 as re~uired bv section 4.02.01 A. Tal3le 2. CeR'lR'lercial use only builEliAgS 42 foot not tG eXG€I€l8 J steFies J steries Gr 42 feet to builEliAg eave or tOfl of a flat built Ufl MaxiR'l6lR'l actual height of roof, meaeurecl to firet fiAisi:1os floor elovation, by structure 5e Feet builclinQs. NFIP stanclarEls. Parnflets on flat roof can be no more that a foot iA height. Rosisontial 61S0 only builclings 42 feet not to exceecl :3 steries or 42 feet to Maximllm actllal hoigi:1t ef builEliAg OQV€I or tG(3 Gf a flat t:>l:Iilt 1:1(3 r:GGf, structure 5e Foet builElinQs. moasurecl to tho fiFGt floor olovation, by NFIP etanElnrcle. Paraflete on flat roof can bo no moro that a foot in hoight. Mixecl llse builEliAgS reeiclontial on top of commercial \l5eS ae feot not to oxcooEl 4 stories or ae foot to builEliAg eave or top of a flat bllilt up roof, Maximum actllal height of meas6lreEl from the firet finiehocl floor elevation, structure 70 Feet bllilclinos. by NFIP etandarEls. Parnpotc on flat roof shall be no more than a foot in hoight. Only tho first two floore ehall be ueecl for commercial ueee. l-Iotol!Motel Maximum actual i:1eigi:1t of structure 70 Feet builElinos. ae feet RElt to €Ixeeed 4 sterie& or 5e foot to builEliAg oavo or top of a flat built up roof, measurecl from the firet finished floor olovation, by ~JFIP stanElarEls. Parapets on flnt roof cnn be no more that a feet in hoight. 47 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Text s:trikethreYQt:l if: Sblrr8At text te 138 Eleletes. Bold text indicates a defined term Ceiling I-Ieight Tho first fleer soiling shall be no loss ti:1an 12 feet ancl no more than 18 feot in height from the finiehecl fleer te ti:1o finisheEl soiling ans ehall bo limitecl to commercial ueee only. itlimum'se Front vard setback 5 feet 1. The front set back shall also aoolv to anv new buildinos in the C-1 throuoh C-3 zonino districts which underlav the BMUD Neiohborhood Commercial Subdistrict. 2. Prooerties develooed in conformance with underlvino C-4 and C-5 zonino classifications are restricted to buildino setbacks oer section 4.02.01 A. Table 2.1. Side yards - abuttin residential 15 feet Side ards - all other 5 feet Rear ard 20 feet Waterfront 14 25 feet Buildino Desion 1. Buildino facades facino the intersectino east- west streets with Bavshore Dr. shall have the same architectural desion treatment as the buildino facade facino Bavshore Drive. 2. Buildinos containino commercial or residential uses are reouired to have a minimum deoth of 35 feet. The remainino deoth of the lot may be used for oarkino. 14 Outdoor seating areas, canal walkway, water management facilities, and landscaping area may be located within the required setback. 48 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. T1\!1:t stFil:etRrsligR is Elliff-eAt t81(t t8 be aeletes. Bold text indicates a defined term Maximum souare footaoe A buildino with commercial use onlv is limited to a maximum buildino foot orint of 20,000 souare feet. Minimum Floor Area 700 souare foot oross floor area for each unit. residential or commercial. Maximum heiaht Commercial use onlv: Maximum heioht of buildinos. 42 feet, not to exceed 3 stories Residential use onlv: Maximum heioht of buildinos. 42 feet. not to exceed 3 stories Mixed-use: Residential on too of commercial uses. 56 feet. not to exceed 4 stories. Onlv the first two floors shall be used for commercial uses. Maximum heioht of buildinos. Hotel/Motel 56 feet. not to exceed 4 stories Maximum heioht of buildinqs. The maximum buildino heioht of orooerties develooed in conformance with underlvino C-4 and C-5 zonino classifications shall be as reouired bv section 4.02.01 A. Table 2. Ceilino heioht The first floor ceilino shall be no less than 12 feet and no more than 18 feet in heioht from the finished floor to the finished ceilino and shall be limited to commercial uses onlv. Maximum resiElential dens! 12 units er acre for mixed use ro'ects. * * * * * * * * * * c. The following regulations govern the outdoor display and sale of merchandise. 1. No automatic food and drinking vending machines or public pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site and shall be oermanentlv affixed (not oortable) 3. Outdoor display and sale of merchandise, within front yards on improved properties, 49 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tlmt stril:etRHlugh is 8l:m"-l?Jnt tl~i.t t8 he seletes. Bold text indicates a defined tenn are permitted subject to the following provisions: a. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises. D. Parking Standards. . . . . . . . . . . 5. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district (W) Subdistricts, desionated Accessory Parkino Zonino (APZ) as identified on the Bavshore Mixed Use Overlav Mao as inElicateEl on BMUD Mall Ne. 1, may be used for off street parking or water retention and manaoement areas. The accessory parking zone must be under the same ownership or legal control (i.e., lease or easement, etc), and meet the standards of section 4.05.02 of this LDC and have a site development plan approved by the County Manager or designee. (See BMUD Fioure 1) 6, Parkino ie; prolli13ito8 in tho front of buiIElinoe;. Off street oarkino in front of buildinos abuttino Bavshore and/or Thomasson Drive shall not exceed 50% of that buildino's oarkino reouirement. a. The desion shall be a sinole-aisle double-loaded oarkino lot. b. The remainino Darkino reouirement shall be located on the side or rear of the buildino. BMUD Figure 1 - Typical Corner Lot Development and On-Street Parking (For illustrative purposes only) . . . . . . . . . . . 7. Shared parking requirements shall be consistent with those provided in subsection 4.05.02 of the LDC, except that the County Manager or designee can approve or deny requests instead of the Zoning & Land Development Review Director with review by the CDES Administrator, Board of Zoning Appeals or Planning Commission. Shared parking spaces may be separated by Bayshore Drive or anv east-west street intersectino Bavshore Drive provided the two properties are located within the BMUD. . . . . . . . . . . . . 50 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added_ Te)(t striketlu8uge is IH:lFf8Bt tel:t teBe s818te8. Bold text indicates a defined term G, Architectural Design Theme 1. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified below.BuilsinQs E:hall be clesiQnos to reEluce mae;e; ancl e;cal e throuoh the lle;o of arcaseE:, .....inclowe;, entry features, ans eti:1or closion treatmente;. winElO'....e;, entry foatures, ancl other sosion troatments 2. Regardless of the architectural theme chosen, the following design elements are required. a. BuildinQs shall be desioned to reduce mass and scale throuoh the orovision of arcades, windows, entry features. and other desion treatments. aQ. Hip or gable building roofs shall be metal seam (5v Crimp, standing seam or similar design) llf. Windows with vertical orientation and the appearance of divided glass trim. GQ. Facade wall building materials shall be of wood, stucco finish or cement board products. eg. All buildings aEljasent abuttinQ lG Bayshore Drive shall have the principal pedestrian entrance fronting Sayshore Drive. Exceotions mav be oranted for mixed use oroiects of 2 acres or oreater throuoh the administrative deviation orocess oer section 2.03.07.1.5. 8f. Thirty-five (35) percent of the building facade along Bayshore Drive will be clear glass. fg. Clear glass windows with a tint of 25% or less, between the height of two (2) and seven (7) feet above sidewalk grade are required on the primary facade of the first floor of any building. l}h. Attached building awnings may encroach over the setback line by a maximum of five (5) feet. Ili. Florescent colors shall not be used, . . . . . . . . . . . . 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict A. Design Standards for the Subdistrict are the same as those set forth for the BMUD Neighborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. B, Special conditions for Marinas: 1. Repair and dry storage areas shall not be visible from the street. 2. Boats available for rental purposes shall be located in the water or screened with a fence or wall from the local side streets and not visible from Bayshore Drive. 3. All boat racks shall be enclosed, with a wall or fence and the boats shall not exceed 51 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tel(t striketlu8~ is tnmeRt t6i'(t t8 he seletes. Bold text indicates a defined term the heioht of the enclosure. The fence material can be wood, vinyl composite, concrete block with stucco finish or metal or a combination. No chain link fence is allowed. 4. Height of structures may be increased to a maximum actual height of fifty (50) feet by the Board of Zoning Appeals (BZA) upon approval of a variance petition. . . . . . . . . . . 4,02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R 1) Subdistrict design standards encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. In new development the purpose is to encourage a traditional neighborhood design pattern. The intent is to cmate a re'N of reeiclentialunits with uniform front yarEl setbasks ans assess to the street. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. A. Dimensional and Design Standards Table 12, Design Standards in the BMUD Residential Subdistrict R1, Maximum Density~ shall not exceed the maximum density of the underlvino residential zonino district Doneity allowoEl for unserlyin~ zoning purcuant to ti:1e Density Rating Systom; unless affordable housing density bonuses are granted. Single-family Two family/Duplex Two-family dwellinq unit Townhouses Multi-famil 50 feet 50 feet 80 feet 25 feet Two fuR'lily / Duplex dwelling units 10 feet 5 feet when abutlino 15 anothor dwellino unit. if not ti:1en 5 foot. 5 feet 15 Two-family El.....eIliRQ unit 10 feet 52 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Townhouse 10 feet Multi-family (three or 10 feet more) dwelling units Text underlined is new text to be added. TeJ:t stFil:ethfsligil. is 6liFF61'1t tel:t 1s BE! deletes. Bold text indicates a defined tenn o feet when abutting 15 another to'"mhoble;e, if not then 5 feet. li:1e same stanclarEls as a two family cl'Nolling unit 5 feet unless abutting 15 single family unit, then 7.5 feet Maximum ^Gtual Fleigi:1t heioht of principal structures W d5 Feet Maximum I-Ieight actual heiaht of Accessory Screen Enclosures Maximum height of all other accessory structures Single-family 4-800 1300 square feet per unit Two family/Duplex 1000 square feet per unit Two-familv dwellina unit 1000 s~uare feet oer unit Townhouses 1000 square feet per unit Multi-family 750 square feet per unit d habitablo floore; or 35 feet not to exceed 3 habitable floors. 42 feet to builEliR!J oavo or top of a flat built up roof, meae;ureEl from the fire;t habitable floor elevation, by ~JFIP e;tanclarss. Paraflets on flat roof cnn be no moro that a feet in height. Same as priAGipal structure, f1Not to exceed 35 feet, but in no case hioher than the main buildinq. as meae;urecl from peak of enclosure to the a'/crago Genterline ele'/ation of the aEljacent Parking standards 26 feet, but in no case higher than...! the main buildin . Parking standards as required by sections 4.05.02 and 4.05.03 of this Code. B. Specific Design Requirements 1. Parking areas shall not be visible from Bayshore Drive. 2. Buildings and their elements shall adhere to the following: a. Street-facing facades of multi-family buildings shall be divided using articulation and/or modulation at least every sixty (60) feet. Facade modulation is stepping back or extending forward a portion of the facade at least five (5) feet measured perpendicular to the front facade for each interval. Articulation 53 [:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Timt stfil:etl1F8l:lgh is 61:lFreHt tent 18 he s8letes. Bold text indicates a defined tenn includes porches, balconies, bay windows and/or covered entries. b. The primary entrance shall be oriented to the street, with the exceotion of mobile homes. Orientation is achieved by the provision of a front facade including an entry door that faces the street. c. On corner lots, both street facades of a building shall have complementary details; in particular, building materials and color, rooflines and shapes, window proportions and spacing, and door placement. d. All mechanical equipment must be screened with a!} opaque fence or wall at a height which is 18 inches above the top of the equipment. e. Landscaping and buffer requirements for new residential development as required by section 4.06.00 of this Code. BMUD Figure 4- Typical Front Elevation, Residential Development (For illustrative purposes only) . . . . . . . . . . . . 7. Fencing forward of the primary facade of the elructure structure is perrnitted subject to the following conditions: * * * * * . . * * * . * 4.02,19 Design Standards for Development in the BMUD--Residential Subdistrict (R2) A. Design Standards for the subdistrict are the same as those set forth for Residential Subdistrict 1, unless specified below. Table 14, Setback Standards for BMUD Residential Subdistrict (R2) Mir:lWf~C!nt am!:! One (Single) Family 25 feet Detached Dwelling Units Two Family I Duplex 25 feet Dwelling Units 7.5 feet 15 feet 6 feet unless 15 feet abutting single family unit, then 7.5 feet 54 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tent stril:etersligR is 8liffl!lBt tent tEl Be deletes. Bold text indicates a defined term Two-familv 25 feet 6 feet unless 15 feet dwellinQ unit abuttinQ sinole familv unit. then 7.5 feet Townhouse~ 25 feet 6 feet unless 15 feet abutting single family unit, then 7.5 feet Multi- Family (Three 25 feet 6 feet unless 15 feet or more) Dwelling abutting single Units family unit, then 7.5 feet 4,02.20 Design Standards for Development in the BMUD--Residential Subdistrict (R3) A. Development standards for this subdistrict are the same as those set forth for the Residential Subdistrict 1, unless set forth below. B. Minimum Lot Width 40 feet ~100feet 80 feet 40 feet C, BuildinQ Standards Minimum Floor Area Sinole-familv 1100 souare feet per unit T....,o familv!Duplex 1000 s~uare feet per unit Two-familv dwellinQ unit 1000 s~uare feet per unit Townhouses 1000 souare feet per unit Multi-familv 750 s~uare feet per unit 55 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tel:t stl'il:etlmlllgJ:i is Gl:lFfeHt tent ta be aeletes. Bold text indicates a defined tenn G D. Yard Requirements. Front yard Minimum Side Yard Minimum Rear Yard One (Single) Family 10 feet" 5 feet 8 feet Detached Dwelling Units Townhouse 10 feet" o feet when abutting 8 feet another townhouse, if not then 5 feet. Two-familv 1 0 feet" o feet when abuttino 8 feet dwellina unit another dwellino unit. if not then 5 feet. Mobile homes setbacks shall be as re~uired in the MH zonino district (where underlvino see section 4.02.01 Table 2.1 zoninG allows) " Shall be 10 feet from the property line to the outer wall of the building footprint 56 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tent stFi1:ethrel=lgA is €liFfeRt tent 18 se aeletes. Bold text indicates a defined tenn LDC Amendment Request ORIGIN: Community Redevelopment Agency (CRA) Advisory Board AUTHOR: Jean Jourdan, Project Manager DEPARTMENT: CRA Advisory Board AMENDMENT CYCLE # OR DATE: Cycle 1,2007 LDC PAGE: Beginning at LDC 1.08.02 (Gateway Triangle Mixed Use District (GTMUD) Overlay) LDC SECTIONS: 1.08.02,2.03.07 & 4.02.35, 4.02.36 CHANGE: Add language to clarify that additions or renevations to existing buildings within the C-I through C-5 zoning districts may follow the existing LDC regulations or the GTMUD Overlay regulations; delete residential uses from the land use tables and add them under Residential Subdistricts; reduce the minimum required residential building square footage and the maximum residential building height; change build-to-line to set-back-line and make minor edits, including deletions for clarity purposes. Revise the GTMUD Overlay map to designate lots adjacent to the GTMUD Mixed Use Subdistrict for Accessory Parking Zone consistent with the Bayshore Mixed Use Neighborhood Commercial Subdistrict. Remove the GTMUD-MXD designation from properties lying on the north side of Davis Boulevard in order to eliminate inconsistency with the Growth Management Plan. REASON: Requested by the Bayshore/Gateway Triangle Local Advisory Board FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to either Collier County or the public. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: This version created on August IS, 2007 Amend the LDC as follows: 1.08.01 Abbreviations GTMUD: Gateway Triangle Mixed Use District 57 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tsnt stFiI:ethrsugh is aliFFest tSl:t te be seletea. Bold text indicates a defined term 1.08.02 Definitions Front Yard Build-ta-Line - The line to which a building facade must be built, not a minimum distance. Streetscape Zone The streetscape zone is the space between the front yard build-to-line and the property line. 2,03,07 OVERLAY ZONING DISTRICTS N, GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT, Special conditions for the properties in and adjacent to the Gateway Triangle as referenced on GTMUD Map 1; and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Alias Map or map series. 1. Purpose and Intent The purpose and intent of this District is to encourage revitalization of the Gateway Triangle portion of the Bayshore / Gateway Triangle Redevelopment Area with Traditional Neighborhood Design (TND) projects. TNDs are typically human-scale, pedestrian-oriented, interconnected projects with a mix of residential and commercial uses such as inclucling retail, office and civic amenities and residential that complement each other. Residential uses are often located above commercial uses, but can be a separate area of residential only with close proximity to commercial uses. An interconnected street system is the basis for the transportation network. When possible, Q8uildings are located near the street with on street parking and off street parking on the side or in the rear of the parcel. This District is intended to: revitalize the commercial and residential development, encourage on street parking and shared parking facilities and provide appropriate landscaping and buffering between the various types of uses; and protect and enhance the nearby Shadowlawn residential neighborhood. The types of uses permitted are hotels, retail, office, personal service and residential uses. 2, Applicability a. These regulations shall apply to the Gateway Triangle Mixed Use Overlay District as identified on GTMUD Map 1 and further identified by the designation "GTMUD" on the applicable official Collier County Zoning Alias Maps. Except as otherwise provided Qy ill this section of the LDC, all etAeF uses, dimensional and development requirements shall be as required in the applicable underlying zoning classification. b. Existing Planned Unit Developments (PUDs) are not subject to the Gateway Triangle Mixed Use District requirements; however, PUD applications submitted, and found sufficient, after March 3, 2006 are included in the Gateway Triangle Overlay District and must comply with the requirements stated herein. c. Amendments or boundary changes to PUDs that existed prior to March 3, 2006 are not subject to the Gateway Triangle Overlay District requirements. d. Property owners may follow existing Collier County Land Development Code 58 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tent stFihtHrSligH is SI:IFfeHt tent tsl3e seletes. Bold text indicates a defined term regulations of the underlying zoning classification, or may elect to develop/redevelop under the mixed use provisions of the GTMUD Mixed Use (MXD) Subdistrict of this overlay, through a mixed use project approval from the BCC. However, in either instance. GTMUD site development standards are applicable to all new development, as provided for in section 2.03.07 N.6.d. of this Code. t Renovations to the interior or exterior of nonconformino buildinos in the C-1 throuoh C-5 zonino districts shall be in accordance with section 9.03.00, of the LDC. . . . . . . . . . . . . . . 4. Bonus Density Pool Allocation Under the Collier County Future Land Use Element, 388 bonus density units are available for reallocation within the Bayshore/Gateway Triangle Redevelopment Overlay. The County Manager or designee will track the Bonus Density Pool balance as the units are used. These 388 bonus density units may be allocated between this GTMUD overlay and the Bayshore Mixed Use Overlay District (BMUD1. and shall only be allocated through the MUP approval process. . . * * * * * * * * * * * * 6. Gateway Triangle Mixed Use District (GTMUD) Subdistricts a. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this subdistrict is to provide an option to current and future property owners by encouraging a mixture of low intensity commercial and residential uses on those parcels with frontage on US 41, the south side of Davis Boulevard, and west of Airport-Pulling Road. Included also is the "mini triangle" formed by US 41 on the South, Davis Boulevard on the North and Commercial Drive on the East. Developments will be pedestrian-oriented and reflect building patterns of traditional neighborhood design. For mixed use projects only, subject to the MUP approval process in Sec. 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. b. Residential Subdistrict (GTMUD-R). The purpose of this Subdistrict is to encourage the development in the Shadowlawn neighborhood a mixture of residential housing types. Rotor to Tablos 1 ancl 2 for permitteEl usos in this SubElietrict. i. Permitted uses. The followino uses are allowed in the GTMUD Residential Subdistrict. 59 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. TeJ;t strikethrsligB is 6liFFeRt tBJ(t ts 136 seleteEl. Bold text indicates a defined tenn ill. Residential Uses: 1. Sinole-Familv Dwellino Units: 2. Two-Familv Dwellino Units: 3. Townhouses: and 4. Multi-familv Dwellino Units. b) Essential Services as provided for in section 2.01.03. c) Parks, Public or Private, Plav Areas and Plavorounds d) Museums and Art Galleries e) Parochial Schools - Public or Private f) Schools, public ii. Accessorv uses, a) Garaoes-residential b) Guesthouses c) Swimmino pools-private d) Plav areas and plavorounds iii. Conditional Uses: a) Bed & Breakfast facilities b) Schools, private c) Churches c. Mixed Use Activity Center Subdistrict. Portions of the Gateway Triangle Mixed Use District coincide with Mixed Use Activity Center #16 designated in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. Development standards in the activity center is governed by requirements of the underlying zoning district requirements and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in Chapter 4.02.35 of this Code. d. All Subdistricts. Development within all Subdistricts of the GTMUD shall be subject to the site development standards as stated in sections 4.02.35 and 4.02.36, as applicable," The subdistrict site development standards shall also apply to property developed in conformance with the underlying zoning classification. 60 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Te;:t stFikethfElllgs is SliFF6At tel:t te Be sl\!letes. Bold text indicates a defined term Table 1, Permissible Land Uses in Each GTMUD Subdistrict P= permitted GTMUD E = permitted with certain lIJ exceptions ~ Blank cell = prohibited (also see fil c table of conditional and accessory ~ X ~~ uses) ell ~ == "tJ 0 - lIJ - t) -lI- t.) 'i: t) <!It) - (jj :c:- '" oq:e: 'ii -II) .c e:- ::l ~ >-~ lI) ell ~5 '" ~ l!!ll:: "tJ ell q:~ .~ Land Use Type or Catellorv <!I 0 == Accounting Services 8721 P Administrative Service Facilities Adult Dav Care Facilities & Centers 8322 Agricultural Activities Agricultural Outdoor Sales AQricultural Services 0741,0742,0752-0783 Agricultural Services 0711, 0721, 0722-0724, 0762, 0782, 078:3 ^ . ,1+, _I ~ Aircraft and Parts 3721-3728 Airport - General Aviation Amusement & Recreation Services 7911,7991 Amusement & Recreation Services 7999 tourist guides only Ancillary Plants Apparel & Other Finished Products 2311-2399 Apparel & Accessory Stores 5611-5699 P Appraisers P Architectural, Engineering, Surveying 0781,8711-8713 P Services Assisted LivinQ Facilities Attornev Offices & Leoal Services 8111 P Auctioneering Service, Auction Rooms 7389, 5999 and Houses Auto and Home Supplv Store 5531 P Automobile Parking 7521 P Automotivo Repair, ServiGes, anEl 7a14, 7a1a, 7a21, 7a42 Automotive Repair, Services, and 7513-7549 Parkino 61 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Temt BtFi1:stRrsligR is 6l:lFFBRt tSJ:t tEl be deletes. Bold text indicates a defined term p= permitted GTMUD E = permitted with certain UJ exceptions ~ Blank cell = prohibited (also see fil ~ table of conditional and accessory ~ c >< ~~ uses) Gl ~ " :!5 0 UJ - U -.I.... U .;:: U ClU - in :c:- III '<(~ '6 -lJ) J:l ~- ~ ~ >-~ lJ) Gl ~:'5 III ::> l:!!0::: " Gl q;~ .~ Land Use Tvpe or Cateaory ClO :E Automotive Services Automotive Dealers and Gasoline 5511,5531,5541,5571, Service Stations 5599 Barber Shops or Colleges 7241 Beautv Shops or Schools 7231 Biking Trails Bowling Centers 7933 Buildinq Construction 1521-1542 Buildino Materials 5211-5261 Building Materials, Hardware, Garden 5231 - 5261 Supplies Business Associations 8621 Business Repair Service P Business Services 7:311, 7:31d, 7:322 7:3d1, P- 7~d8, 7d€!1, 7d71, 7d72, 7:374 7:34€!, 7:379 Business Services 7311-7313,7322-7338, P 7361-7379, 7384, 7389 Bue;inee;e; Servicee; 7:311, 7:31d, 7:322 7:3d8, +JM. Businos6 SorviGOS 7:311 n1d, n22 nd8, P- 7361 7d79, 7d84, 7~g9 Business Services +d44-7319, 7352, 7359, +394-7397, 73119 7342, 7349 7353 Buciness SorviGes 7:311 n5d, n59 Bue;inee;e; Servicee; 7d12, 7d1d, 7d19, 7~d4 nd€!, 7:342 7:389 Businoss SorviGo& 7J44 Buciness Sorvices 7d12, 7d1d, 7d19, 7~d1, 7:3d4 7:3~€!, 7:342, 7:349, 7dl32, 7d€!1, 7d€!d, 7d71 7:384, 7:389 62 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tel:! stFihet.flf811.gh is 6liFF6nt tel:t te Be selet6s. Bold text indicates a defined tenn p= permitted GTMUD E = permitted with certain UI exceptions ~ Blank cell = prohibited (also see Cl ~ ~ table of conditional and accessory c ~ !! >< uses) .. ~ "tl == 0 UI - U -.ll- 0 U e"U ";: - iij :i!:- III <::(1: :c -I/) ~ 1:- :I i >-e I/) .. ~5 III ::l ~ffi "tl .. oq:::i .~ land Use Tvpe or Cateaorv e"o :!: Businoss Servises 7:311, 7:31J, 7:322 7aJ1, 7:3Jl3 7:3J8, 7:3€i1, 7:371, 7a74 7:37€i, 7:379 Business/Office Machines Canoe Rental Canoeino Trails Care Units P Carwashes 7542 Cateqorv II Group Care Facilities Child Care - Not for Profit Child Dav Care Services 8351 Churches & Places of Worship P- Civic and Cultural Facilities Collection/Transfer Sites Commercial PrintinG 2752 Communications 48124841 Communications 4812-4899 Communication Towers Construction Construction - HeaVY Construction Spooial Trncle 1711 179J, 179€i, 1799 Contractors Construction - Special Trade 1711-1799 Contractors Continuing Care Retirement Communities Depositorv Institutions 6011-6099,6111-6163 €i011,€i019, €ig81 , €i082 Depository Institutions €i021 €i0€i2, €i091 , €i099, 6111 €i1€iJ 6021 €i0€i2 DrinkinG Establishments and Places 5813 P DrUG Stores 5912 63 1:\07 Amend the LDC\2007-Cycle 1\NEW AMENP (090907) CAF.doc Text underlined is new text to be added. Tel(t stFil:etRvsligh it> f:!HffeAt te:<t te Be se]et8s. Bold text indicates a defined term p= permitted GTMUD E = permitted with certain lU exceptions ~ Blank cell = prohibited (also see Cl table of conditional and accessory ~ C ~ S! >< uses) ell ~ 'tl ::!; 0 lU - U -.I.... l.l U 0;:: Clu - III :c:- III 'C(~ '5 -II) ,Q ~- :J >-~ III ell ~~ III :J l!:!Q: 'tl ell q:!S! ,!5 Land Use Tvpe or Cateaorv ClO ~ Druns and Medicine 2833-2836 Duplexes DwellinaUnits P p Eatina Establishments and Places 5812 P Educational Plants P IOs6Isational Servicee; 8211 82:31 EEluGational Servises 824:3 8249 Eclucational Sorvices 8221 8299 Educational Services 8211-8244, 8221-8299 Electronic Equipment & Other 3612-3699 Electrical Eouipment Engineering, Accounting, Management 8711-8748 P and Related Services IOngineoring, AGc06lnting, Management 8711 871:3 ancl RolateEl Servicos Eauestrian Paths Essential Services 1 P P Excavation Fabricated Metal Products 3411-3479, 3419-3499 FaiiTIrounds Familv Care Facilities Fishina Piers FishinatH u ntinaiTn3Doina 0912-1919 Fixture Manufacturina Food Manufacturing 2034,2038,2053,2064, 2066, 2068, 2096, 2098, 2099 64 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Ttmt stl'il:sthrsligR is 6limmt tent te Be seletea. Bold text indicates a defined term Food Products 2011-2099 Fooa Siems 1=1- 5411, l3421 l3499 Food Stores 5411-5499 P Fraternal Organizations Funeral Services and Crematories 7261 Furniture & Fixtures Manufacturino 2511-2599 Gasoline Services Stations 5541, 5511-5599 P General Contractors 1521-5261 General Merchandise Stores 5311-5399 P Glass and Glazino Work 1793 Golf Courses Government Offices/Buildings 9111-9222,9224-9229, 9311,9411-9451,9511- 9532,9611-9661 Group Care Facilities P Gunsmith Shop 7699 Hardware Stores 5251 P Health Food Stores I-Iealth Services 8011 8049 1=1- Health Services 8011-8049,8082 P Health Services 8051-8059,8062-8069, 8071,8072,8092-8099 HeaVY Construction 1611-1629 Hiking Trails Horne FllrnitlJre, Furnishings, 571:3 5719, 5n1 5n€i 1=1- "'. .N. Home Furniture, Furnishings, 5712-5736 P Equipment Store Home Supplv Store 5531 P Hotels and Motels 7011,7021,7041 P I-Iotels anEl Motels ~ Houseboat Rental 7999 Individual & Familv Social Services P Industriallnoroanic Chemicals 2812-2819 Industrial, Commercial, Computer 3511-3599 Machinerv and Equipment Insurance Agencies, Brokers, Carriers 6311-6399, 6411 P , , €i:311 €i:3€i1, €i411 Insumnoe agents, brokers, ana €i:3€i1 anEl €i411 ...,. .T"'. ,. , InvestmenUHoldinq Offices 6712-6799 Job Traininq & Vocational Services 8331 Justice, Public Order & Safetv 9221,9222,9229 Labor Unions 8631 Labor Pool 7363 Lakes Operations 7999 Laroe Appliance Repair Service 7623 P Leather Products 3131-3199 65 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. TeJ:t 8tFil:li!tAfSligR is ElIiFFI!Rt t81(t te Be seletes. Bold text indicates a defined term Libraries 8231 Local and Suburban Transit 4111-4121 Local and Suburban Transit 4131-4173 Lumber and Wood Products 2426,2431-2499 8741 874J, 8748 P. Manaqement Services 8711-8748 P Marinas 4493,4499 P Measuring, Analyzing and Controlling 3812-3873 Instruments Medical and Optical Goods 3812-3873 Medical Laboratories and Research & 8071,8072,8092,8093 Rehabilitation Centers Membership Orqanizations 8611-8699 P 8J11, 8€iJ1 ~ 8€i11, 8€i21 Misc. Manufacturinq Industries 3911-3999 Miscellaneous Plastic Products Miscellaneous Repair Service 7629-7631 P Misc;ellanoous Repair Service 7€i22 7€i41, 7€i99 7€i22 7€i99 Missellanoolls Retail Services 8912, 8942 89€i1 P. Miscellaneous Retail Services 5912-5963 P Miscellaneous Retail Services 8912 89€iJ, 5992-5999 Mie;cellaneolle; Retail Servises 5912, 59J2 5949, 5942 59€i 1, 5992 5999 Mobile Home Dealers 5271 Mobile Homes Modular Built Homes Motion Picture Production 7812-7819 Motion Picture Theaters 7832 Motor Freight Transportation and 4225 Warehousinq Motor Homes Multi-Familv Dwellinos P P. Museums and Art Galleries 8412 P Nature Preserves Nature Trails €i141 €i1 €iJ P. Non-Depository Credit Institutions 6111-6163 P €i01181€iJ €i011, €i019,€i081,€i082 Non-Depository Institutions 6011,6019,6021-6062, 6082, 6091, 6099,e+44- ~ Nursing Homes 8051,8052,8249 P Office Machine Repair Service 7629-7631 P Oil & Gas Exploration 66 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tent stFilu:ltRf8l:1gh it> elifF6At tent te Be seletes. Bold text indicates a defined term Open Space Outdoor Storaqe Yard Paint, Glass, Wallpaper Stores 5231 P Paper and Allied Products 2621-2679 Park Model Travel Trailers Park Service Facilities Parking Facilities P Parkinq Services P Parks, Public or Private Parochial Schools - Public or Private 12 8211 Partv Fishino Boats Rental 7999 Personal Services 72917212,7215,7221- P 7251 Pore;onal Servicee; 72127218, 72217281, ~ Personal Services 7212, 7218, 7221 7281 P. PeFSGAo! aBrvicB& 7212, 7291 Personal Services 7211, 7212, 7218, 721€i, E" ~ 72992 Personal Sorvicoe; ~ 7217, 7219, 72€i1, 7291 7299 P€lF&GIlOI aervie€l& 72117219, 72:31,72€i1. 7291 7299 P€lFE:GIlOI aerviee& 7218 72:31, 7241 Perconnl Servicee; 7221, 7291 Photoqraphic Goods 3812-3873 Photooraphic Studios 7221 P Physical Fitness Facilities 7991 P Phvsical Fitness Facilities Pickup Coaches Plant and Wildlife Conservancies Plastic Materials & Synthetics 2821,2834 Plav Areas and Plavqrounds Pleasure Boat Rental Printino and Publishino Industries 2711,2712 Printing and Publishing Industries 2711-2796 Professional Offices 6712-6799,6411,96311- 6399,6531,6541,6552, 6553,8111 Professional Oroanizations 8631 Public Administration 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661 Public Service Facilities - Essential Railroad Transportation 4011,4013 Real Estate 6531-6541 P Real Estate €i521 €i541 Real !Ostate 9M2 67 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tel~t stril:ethfsHgh is 6liFFeflt tent t8 86 a6letes. Bold text indicates a defined term Real Estate 6512-6514,6519,6531- ~540 ~ ,,", ^. ~ Real !;;stato OffiGOS €iaJ1,€ia41, €i552,€iaaJ Recreational Service Facilities Recreational Services - Indoor 7911-7941,7991-7993, 7999 Recreational Uses Recreational Vehicles Rehabilitative Centers 8093 Repair shops and related services, not 7699" elsewhere classified Research Centers 8093 Research Services 8732 Ree;iElential ue;ee; Retail Nurseries, Lawn and Garden 5261 Rubber and Misc. Plastic Products 3021,3052,3053 Safety Service Facilities Schools, pubiic P- Schools - Vocational 8243-8299 Security Brokers, Dealers, Exchanges, 6211-6289 P Services Shoe Repair Shops or Shoeshine 7251 P Parlors Shooting range, indoor 7999 P- Social Services 8322-8399 Stone, Clay, Glass and Concrete 3221,3251,3253,3255- Products 3273, 3275, 3281 Storage Synthetic Materials 2834 Testino Services Textile Mill Products 2211-2221,2241-2259, 2273-289,2297,2298 Timeshare Facilities Title abstract offices 6541 Tow-in Parkinq Lots 7514,7515, 7521 Townhouses P P- Transportation bv Air 4512-4581 Transportation Equipment 3714,3716, 3731, 3732, 3751,3761,3764,3769, 3792, 3799 Transportation Services 4724-4783, 4789 Travel Aoencies 4724 Travel Trailers 5561 68 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tent stfil;ethrsligH is e~lFfeHt hmt ts Be deletes. Bold text indicates a defined term p United States Postal Service 4311 E Veterinarian's Office 0742 EO Veterinarian's Office 0752 P Videotape Rental 7841 ED Vocational Rehabilitation Services 8331 Weldino Repair 7692 Wholesale Trade 5148 Wholesale Trade - Durable Goods 5021, 5031, 5043-5049, 5063-5078, 5091, 5092, 5094-5099 Wholesale Trade - Nondurable Goods 5111-5159,5181,5182, 5191 Wildlife Conservancies 9512 Wildlife ManaQement 0971 Wildlife RefuQe/Sanctuarv Wildlife Sanctuaries Watches/Clocks 3812-3873 1 For requirements pertaining to Essential Services, see section 2.01.03 of this Code. 2 Group 7299 uses limited to babysitting bureaus, clothing and costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service and hair removal. 3 Antique repair and restoration, except furniture and automotive only, bicycle repair shops only, rod and reel repair. 4 Excludes major distribution center. S Excludes outdoor kenneling 6 Limited to 1,800 square feet of gross floor area. 69 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Teiit stFil:ethrsligh is Sl:IFfE!at te;:t ts Be 8eletes. Bold text indicates a defined term Table 2, Land Uses that May be Allowed in GTMUD Subdistricts as Accessory or Conditional Uses. C = conditional use A = accesso use II> "'C o U u in c ; i ~ Administrative or service buildin Adult da care Agricultural: animal & livestock breeding, exotic aquaculture, aviary, diary or poultry plant, egg production, exotic animals, ranching, or wholesale reptile breeding 8322 A ricultural Agricultural services 0741,0742, 0752-0783 7911 Amusement & recreation services 7911-7941, 7991-7993, 7997, 7999 Amusement & recreation services 7948, 7992, 7996, 7999 Amusement & recreation services Ancilla lants C Animal control A uariums 8422 70 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Telit stril(l~threl::lgR is SIiFreat tej[t te be seletes. Bold text indicates a defined term Gl " o u u rn c ; i (.') Arche 7999 Assisted livin facilities Automotive dealers and gasoline service stations 5521,5551, 5561,5599 Automotive rental/leasin 7513,7519 Beach chair, bic c1e, boat or mo ed rentals 7011 G Bed & breakfast facilities Boathouses Boat ram s C Boat ards 8422 C Botanical arden Bottle clubs 5813 Cam in cabins Care Units Caretaker's residence A Cemeteries Chemical roducts 2812-2899 Child da care 8351 C 71 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc C = conditional use A = accesso use Churches Ch6lrsi:1es 8. Fllacos of v:ersi:1iFl Civic & cultural facilities Clam nurseries Cluster develo ment Cocktailloun es Collection/transfer sites Commercial uses Communications Communication towers Communit centers Communit theaters lants Continuin care/retirement centers Convenience stores Dancin establishments & sta ed entertainment Gl "'C o U u in 8661 5813 4812-4841 7922 5411 Text underlined is new text to be added. Tel:t stFi1:ethreotgh is 6liFreFlt tent tB be seletea. Bold text indicates a defined tenn institutions 6011-6099 Detention facilities 72 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc c ; i C) C C = conditional use A = accesso use Docks Drinkin establishments es Earthminin Eatin establishments .. "'C o U ~ III 5813 5812 Text underlined is new text to be added. TeJ.t stFil:E!tlu8uge is elirn~Ht tei'lt t8 be deleted. Bold text indicates a defined term 8211-8222 Education services c ; i Cl C Education facilities; rivate schools 8211-8231 C lants Electric, as, & sanita services Excavation Extraction related 3482-3489 Fabricated metal roducts Farm labor housin Farm roduct raw materials Field cro s 73 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 4911-4971 5153-5159 0912-1919 Text underlined is new text to be added. TeIlt stFiI:E!tRfBligR is 6l:lffeflt tel;t t6 ee seleted. Bold text indicates a defined term C = conditional use A = accesso use Food roducts c CIl > 2011,2048 Food service Food stores over 5,000 s.f. 5411-5499 Fraternallod es, rivate club, or social clubs Fuel dealers Fuel facilities C 5983-5989 Funeral services & crematories 7261 C Gas A Gift sho s Golf club house 5947 Golf course Golf drivin ran e Grou care units Guesthouses A Health services Homeless shelters 8011 8322 Hos itals 8062-8069 Hotels and motels 7011,7021, 7041 Huntin cabins 74 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Incinerators Jails Justice, ublic order & safet Kennels & kennelin Kiosks Leather tannin Livestock Local and suburban transit Local and suburban transit Lumber and wood roducts Maintenance areas Ma'or maintenance facilities Marina Mental health facilities Merchandise - outdoor sales Miniature olf course Model homes and model sales centers Motion icture theaters 75 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. Tel(t stFil:etJ.1rel:lgli is liHI.ITBBt teiit te Be deletes. Bold text indicates a defined term CIl "tl o U u in 9211-9224 0742,0752 3111 4111-4121 4131-4173 2411-2421, 2429 4493,4499 7999 7833 c ; i l' c C = conditional use A = accesso use Gl "'C o U u in Text underlined is new text to be added. Tel:t stFil:eti'Jrsligh is Sl:IFFE!Ht tent ts be seletes. Bold text indicates a defined tenn 4212,4213- 4225,4226 Motor frei ortation and warehousin 4228, 422€i Noncommercial boat launch in Nurse - retail 5261 Nursin 8062 Nursin homes 1321,1382 Oil and as extraction Oil & as field deveio roduction Outdoor dis 113 Packin house Pa er and allied roducts 2611 Personal services 7291 Petroleum refinin and related 2911-2999 Pistol or rifle ran e Pia areas and 113 rounds Poult Prima metal industries 3312-3399 Private boathouse and docks Private clubs 76 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc c ; i <.? C C C A Text underlined is new text to be added. T61:t stFiI:etRF81igR is ElIiH"t'IHt ter:t te Be seletes. Bold text indicates a defined tenn C = conditional use A = accesso use c ell > Private land in Pro sho Pro sho Recreational facilities Recreational services Refuse s stems 4953 8093 Rehabilitative centers Residential uses Resource recove lant Restaurant or snack sho 5812 Restaurant 5812 Retail sho s or sales Rubber and misc. Plastic roducts 3061-3089 San ita landfills Sawmills Schools, Schools, rivate Schools, vocational G 8243-8299 Service facilities 2011 77 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text undcrlined is new text to be added. Tel.t stFil:ethr8ligR is SIiFrtlFlt tent 18 be asletes.. Bold text indicates a defined tenn C = conditional use A = accesso use Gl 'C o (.J !:! III Social association or clubs 8641 8322-8399 Social services Sou kitchens Sorts instructional cam s or schools Sta ed entertainment facilit Stone, clay, glass and concrete products 3211,3221, 3229, 3231, 3241,3274, 3291-3299 Swimmin Stora e, enclosed Tennis facilities Textile mill products 2231,2261- 2269, 2295, 2296 Transfer stations 4212 Veterinarian's office 0741-0742 Wholesale trade - durable goods 5015,5051, 5052,5093 5162,5169, 5171,5172, 5191 Wholesale trade - nondurable goods 78 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc c ; i C> C Text underlined is new text to be added. TS1:t stFil:etbfsHgR is ElIiFFBAt hmt te Be aBlates. Bold text indicates a defined tenn III "tl o U U II) c H Cl Zoo 4.02,35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE SUBDISTRICT (MXD) A. Dimensional Standards Table 1, Design Standards for the GTMUD Mixed Use Subdistrict Front streets cape zone Davie; Boule'/arEl, US 41, l\irpoFt Pulling Reas ana Commercial Orive 1 €i Foot Meae;urea from back of curb to front yard build to line set baGk line, If no curb exists ae; on Commorcial Drivo the front which incluEles exie;ting sidewalk aroa streets Gape zone shall bo minimum of a.8 fFeet See GTMUD Figure 1 from the front property line. The front streets Gape zone e;hall also apply to any no',,", buildin!Js or ElruGtures in the C 1 through C 5; Zoning Die;tricts 'Nhich unEler lay tho GTMUD Mixea Ue;e Subaistrict. Steps, anEl or ramps may encroach in to the streets cape zone but no more than :3 feet. Front yard build to line set baGk line Sixteon feet R'leasurod freR'l l3ack of curb. If n8 curb 8xi5:ts as on Commercial Drive tho front yard build to line set back line e;hall be a minimum of 6.8 fFeet from the front property line. 79 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc Text underlined is new text to be added. TOll:t stFil:ethfsl:IgR is elifFi!Rt tel:t te Be aeletes. Bold text indicates a defined term 1. TAe front yard build to line set back liRe The frent yard set back line build te shall FF1eon that liRe to which a buildin!J line shall apply to any nev: buildin!Js facade must l3e l3uilt, not a minimllR'l 8ie;tanco. or strl:lstl:lres in ti:1e C 1 through c:3 2. .^, minimum of 70 persent of ti:1e builcling's front c€i Zoning Die;trictc which uRser lay fa!;ade shall be plase8 on the frent yard tho GTMUD Mixecl Use SubElistrict. build te line set back line. TAe aclclitienal front facade has to l3e recesse8 a miniR'l6lm iof Properties geVel013eg in conforR'lanse :3 feet from the frent yard build to line set witR unclerlvino c4 ancl c€i zonino bask line. slassificalione; are restrisle8 te builclino -4-, e;et backs per sestien 4.02.01 /'.. Table :3. ^ minimuR'l 10 feet Stel3 Back freR'l the fFrent &1- Buil8 te Line fasa8e ie; rOfll:lired at ti:1e third fleer ancl abo'Jo. 80 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tei:t stFil:ethrsugh is SIiFFE!Ht tel:t te bE! deletes. Bold text indicates a defined tenn Oti:1er Streets in Mixes Use S6Il3clie;trict 1 <__,.< .__.. __< '-__L. " ,_ 1. The Ffront B6Iils to Line si:1all mean ti:1at line to '",hiGh a building faGaEle must l3e bllilt, The frent yard build to line set back not a R'linimllm clistance. TAe frent 'farEl line si:1all apply te any ne'N buildings setback line si:1all be €i.a feet. Gr strl:lstl:lreE in the C 1 through Cd ca Zoning DistriGte which UR8€1r lay 2. .^, miniR'l6lm of 70 perGent of the l361ilcling's the GTMUD MixeEl Use Subclistrist. front faGade at the grollns level shall l3e placocl GR the frent Eet baGk IiAe yard Properties sBvelesB8 in conformanGe build to line. Tho assilional rBR'lainser of with unElerlvino c4 :IRS Ca zonino the fmnt facaEle mw€t be reGesses a clae;e;ifications are roslrietes te l361ilsino minimllm iof d feet basi'. from the front. e;et backe; per section 4.02.01 ^- Table yartlbuilEl to line. &.-i d 2. /'. R'linimum 10 feet step back freR'l ti:1e front facacle yardbuilEl to line is reEl6lirecl at tho thirEl fleer ancl above. MiniR'luR'l setbaGks SiEle yarEls al361tling me;iclential 10 foet o or 10 feet minimum o a feet Walerfront 2a feet e;olback Minimum building separation o or 10 Feet Maximum roe;iclential density 1. For a mixeEl uso projeGt, 12 units per aGre in the "Mini Triangle" clefinecl by US 41 EaGt, Davil; Boulovmd anEl Commorcial Dri'/e. Those bonus density units are not E1eclllGteEl from the Bonus Density Pool. 2. For :1 mixecl ue;e project, 12 unite; per acre to inclucle all aroas of the Mixecl UGO Subclie;trict except: . North sicle of Davis Boule'lard . East siEle of /',irport Plllling RoaEl For these oxcoptod areas, three units per acre, or as may be allowod by a rezoning pursuant to the Future Lancl Use Element. d. Resiclential only projeGts (not part of a mixeEl Ul;O de'lelepment), per the unElorlying zoning E1istrict, or ac may be allO'.veEl by a rezoning pursuant to the Future Land Uco Element. Minimum floor mea 700 squaro foot groe;s floor aroa for oach building '" ,,_'M Minimum lot area , 81 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Teiit stril(etlu8Hgh is 6liFfent teJ:t tB be deleted. Bold text indicates a defined term Minimum lot wiclth 400 foet 8uilding feet~rint ^ building with only commersial ue;o is Iimitod te a maximum bwilding feotprint of 20,099 e;quare feot, except in Mini Triangle m~ximwm limit is :39,900 <, M~ximum Rei€lht sf bl:lilEliR8s strl:lstl:lFeS Pre~f3rties sevelofleEl in conformance with unElerlying C 4 ancl C a zoning slassificatione; are restricteEl to maximum building height por soction 4.02.01/'.. Tal3le 2. Commercial uso only builclings 42 feet not to oXGees :3 e;toriee; er 42 feot to l3etteR'l Maximum actual height of bwildinQs of bwilding ea'le or top of a flat built up roof, structures - a€i feet. R'leas6lres to fire;t finie;hecl floor olevatien, l3y NFIP stanclarcle;. Parapete; on flat roof can Be no more that a feot in height. Reciclential use only buildings Maximum actual height of buildinQs 42 feet not to €IXe€l€l9 :3 e;toriee; or 42 feet or 4 struGtwres - €i€i foet. e;toriee; or a€i feet if fronting on US 41, R'leas6lrecl to bwildiRg oave or tG(3 of a flat built up roof, meae;ureEl from the first floor olevntiGn, by NFIP e;tanclarcle;. Parapets on flat roof can B€I ALl more MixeEl uso that a feet in height. resiElential over commercial ue;e buildings a€i foet not to exceecl 4 stories er €i€i feet meae;urecl MaxiR'luR'l astual height of bllilclings to bwilding ea'le or top of a flat l3uilt up roof, strl:lstl:lre& 70 feet. R'leasures te first finished floor elevation, by NFIP e;tanclnrcle;. Parapets on flat roof can be no moro that a feet in height. I-Iotel/ Motel Maximum actual height of bwildinQs a€i feet not to exceeEl 4 stories or 5€i foot meae;ureEl struGtures 70 feet. to bwilding eave or top of a flat built up roof, meae;urecl to fire;t finishecl floor elevation, by NFIP stanElarEls. Par3pots on flat roof can be no more "Mini Trianglo" Mixod Use Project that €i foet in height. Maximum actual height of buildinQs structures - 126 feet. 112 feet not to oxcoeEl 8 e;torioG or 112 feet to building ea'/e or top of a flat built lip roof, measureEl to firGt finishod floor elevation, by NFIP e;tanclarcls. Pampet€: on flat roof GQn be no more '" " c: <, Mb(8S WS8 bl:lilEliRfj WS€lS Only fire;t two floors can be u€:eEl for commercial use& .. Tho firet floor ceiling hoight shall be no less than 12 foot and no moro than 18 feet in height for commercial uses from the finishocl floor to the finisheEl ceiling ancl e;hall be Iimitecl to commerc;ial -,. 82 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent striketAfEl~gh is SIiFreRt tent t8 be seletes. Bold text indicates a defined tean Front streetscaoe zone for new construction 16 Feet Measured from back of curb into front yard, which includes existino sidewalk area. See GTMUD Fioure 1 1. If no curb exists, as on Commercial Drive, the front streetscaoe zone shall beoin a minimum of 6.5 feet from the front propertv line into the riaht of way. 2. The front streetscaoe zone shall also applv to anv new buildinas or structures in the C-1 throuoh C-3 Zonino Districts which underlav the GTMUD Mixed Use Subdistrict. 3. Properties developed in conformance with the underlvino C-4 and C-5 zonino classifications are restricted to buildino setbacks per section 4.02.01 A. Table 2.1. 4. Steps, and or ramps mav encroach into the streetscaoe zone but no more than 3 feet. Front yard set back Sixteen feet measured from back of curb. If no curb exists as on Commercial Drive the front yard set back shall be a minimum of 6.5 feet from the front propertv line into the propertv. 1. The front yard setback shall also applv to anv new buildinos in the C-1 throuoh C-3 zonino districts which underlav the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlvino C-4 and C-5 zonino classifications are restricted to buildino setbacks per section 4.02.01 A. Table 2.1. 3. A minimum 10 feet step-back from the front facade on the first and second stories is reouired at the third stOry and above. 83 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Tcxt underlined is new text to be added. Tent stFiI(ethr81:lgh is SI:IFrtJRt ttJ;:t tEl Be BE!letl'ls. Bold text indicates a defined term Front setback 10 feet 1. The front setback shall also applv to anv new buildinos in the C-1 throuoh C-3 zonino districts which underlav the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlvino C-4 and C-5 zonino classifications are restricted to buildino setbacks per section 4.02.01 A. Table 2.1. 3. A minimum 10 feet step-back from the front facade is re~uired at the third floor and above. Side ards - abullin residential 10 feet Side ards - all other 10 feet minimum Rear ard 5 feet Waterfront18 25 feet setback Minimum floor area 700 souare foot oross floor area for each unit residential and commercial. Minimum buildin se aration 10 Feet 18 Outdoors seating areas, canal walkway, water management facilities, and landscaping area may be located within the required setback. 84 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te:Lt stril(l~tlu81:lgh is SI:IFFsat teJ:t ts Be deletes. Bold text indicates a defined term Minimum lot area 80 000 S uare feet Minimum lot width 400 feet Buildina footprint A buildina with commercial use onlv is limited to a maximum buildina footprint of 20,000 souare feet. except in the "Mini Trianole", defined bv US 41 East. Davis Boulevard and Commercial Drive. where the maximum limit is 30 000 s uare feet. Commercial use onlv: Maximum heioht of buildinos 42 feet. not to exceed 3 stories Residential use onlv: Maximum heiaht of buildinas 42 feet. not to exceed 3 stories Mixed-use: Residential on top of commercial uses 56 feet. not to exceed 4 stories Maximum heiaht of buildinas Hotel/Motel 56 feet. not to exceed 4 stories 112 feet, not to exceed 8 stories Mini Trianqle" Mixed Use Project Maximum heiaht of buildinas Maximum heiaht of buildinas, The maximum buildino heioht of properties developed in conformance with underlvino C- 4 and C-5 zonino classifications shall be as reouired bv section 4.02.01 A. Table 2. Mixed use buildina uses Onlv first two floors can be used for commercial uses. Ceilino heioht The first floor ceilino shall be no less than 12 feet and no more than 18 feet in heioht from the finished floor to the finished ceilino and shall be limited to commercial uses onlv. 85 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t stril:etRrsligk is BUFFeRt talr:t te be seleted. Bold text indicates a defined term Maximum density 1. For a mixed use project. 12 units per acre in the "Mini Trianole," defined bv US 41 East, Davis Boulevard and Commercial Drive. These bonus density units are not deducted from the Bonus Density Pool. 2. For a mixed use project. 12 units per acre to include all areas of the Mixed Use Subdistrict except: . North side of Davis Boulevard . East side of Airport-Pullino Road For these excepted areas, three units per acre, or as mav be allowed bv a rezonino pursuant to the Future Land Use Element. 3. Residential on Iv projects (not part of a mixed use development), per the underlvino zoninq district. or as mav be allowed bv a rezonino pursuant to the Future Land Use Element. . . . . . . . . . . . . B, Regulations For Outdoor Display And Sale Of Merchandise. 1. No automatic food and/or drink vending machines or public pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site and, which can be individual building or a multiple building development and shall be permanentlv affixed (not portable). 3. Outdoors display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: 4. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises. c. Parking Standards Fer Mixed Use PrejeGts Property developed in conformance with underlying zoning classifications shall meet the parking space requirements per section 4.05.03 and 4.05.04 of this 86 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/2812007 Text underlined is new text to be added. TeJ:t stFiI;ethrellgh i" SIiFfI!f1t tent te be salates. Bold text indicates a defined tenn Code 1. Mixed Use Proiects a. Four (4) spaces per 1,000 square feet of floor area open to the general public for commercial use. b, Minimum one and one half (1.5) parking spaces for each residential unit. c, Outdoor cafe areas shall be exempt from parking calculations. d, Parking Location No'.\' Development Off-street parkino in front of buildinos abuttino US41. Davis Boulevard or Airoort-Pullino Road shall not exceed 50% of that buildino's parkino re~uirement. a) The desiqn shall be a sino Ie-aisle double-loaded parkino lot. Interior lots Parking shall be lesate8 l3ei:1inEl the tront yarE! build to line on siEle or roar of tho buildings. b) The remainino parkino reouirement shall be located on the side or rear of the buildino. Corner lots Parking si:1<311 l3e lesate8 l3ei:1inEl the trent yard(s) build to liRe on cide or rear of the buildiRgS. e. Shared parkino reouirements shall be consistent with those provided in subsection 4.05.02 of the LDC. 2, C-1 throuah C-5 Zoned Properties a, The parking location requirements will also apply to new development for C-1 through C-5 zoned property, which underlay the GTMUD Mixed Use Subdistrict. Parking lots shall be designed for interconnection, with aEljaGent abuttina property. 5. Shamel parl(ing roquirements e;hall bo cone;ie;tent with thoso proviElecl in subsection 4.0a.02 of the LDc. 87 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te,lt stFilmtRreugH is SI:lFFest te;:t tEl be seletea. Bold text indicates a defined term . . . . . . . . . . . .. F. Architectural Standards 1. All buildings shall meet the requirements set forth in section 5.05.08 unless otherwise specified below. 2. Regardless of the chosen architectural theme.....lhe following design elements are required. a. BuildinQs shall be desioned to reduce mass and scale throuoh the provision of arcades, windows, entry features, and other desion treatments. . . . . . . . . . . . . 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD--RESIDENTIAL SUBDISTRICT (R) A. Dimensional and Design Standards Table 2. Design Standards in the GTMUD Residential Subdistrict (R) Density Per Under Lying Zoning RMF-6 6 units per Per new zoning district RMF 6 or RSF 4 or as acre consistent with the may be allowed by a RSF-4 4 units per Future Land Use rezoning pursuant to the acre Element Future Land Use Element ;ii;iH;;i. T :/:. ::;:...:;..;;.: Single-family 50 feet Two-family f W 80 feet Duplex ~ 50 feet Townhouses 100 feet 25 feet Multi-familv <i':. ;;; ii':i;/i:. Min. front yard Min. side yard Min. rear yard (feet) One (single) 10 feet 7.5 feet 15 feet familv units Two familVf 10 feet 5 feet 15 Duplex d'....olling tlAils 88 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stFil:ethf8ligR is SllITeR! tel:t 18 Be seletes. Bold text indicates a defined tenn Du lex 10 feet 5 feet 15 feet Townhouse 10 feet 5 feet 15 feet Multi-familv (three or more) dwellino units 10 feet 7.5 feet 15 feet Minimum floor area Single-family -1-WG 1300 square feet per unit Two-familyl1000 s~uare feet per unit Duplex 1000 square feet per unit Townhouses 1000 square feet per unit Multi-famil 750 s uare feet er unit Maximum actual height of principal buildinos &tructures a€i J8 feet 35 feet not to exceed 3 habitable floors ~ Ja feet to builcling ea'/e or top of a flat built up roof, meae;urecl from the fire;t habitable floor elevatien, by NFIP stansarss. Paral3ets on flat Maximum actual height of accessory screen enclosures Maximum actual height of all other accessor structures Same as principal buildinq structure, not to exceed 35 feet. 26 feet but in no case higher that the main building. B, Parking Standards 1. Parking shall be as required by section 4.05.00 of this Code. C, Architectural Standards 1. Buildings and their elements shall adhere to the following: e. Street-facing facades of multifamily buildings shall be divided using articulation and/or modulation at least every sixty (60) feet. Facade modulation is stepping back or extending forward a portion of the facade at least five (5) feet measured perpendicular to the front facade for each interval. Articulation includes porches, balconies, bay windows and/or covered entries. f, The primary entrance shall be oriented to the street, with the exception of mobile homes. Orientation is achieved by the provision of a front facade including an entry door that faces the street. 89 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Ttlmt stFiI:etkrsHgs is ElIiFFeat teTit te Be aeleteG. Bold text indicates a defined term g, On corner lots, both street facades of a building shall have complementary details; in particular, building materials and color, rooflines and shapes, window proportions and spacing, and door placement. h. All mechanical equipment must be screened with a three (3)-foot high hedge or an opaque fence or wall at any height equal to the mechanical equipment. 90 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Temt striketHf8ligh is el:lfH!Bt teiit te be seletea. Bold text indicates a defined term LDC Amendment Request ORIGIN: BCC Directed AUTHOR: CDES DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1, 2007 LDC PAGE: LDC SECTION(S): 4.02.01 Zoning Dimensional Standards For Principal Uses in Base Districts CHANGE: Change side yard setbacks in the Estates. REASON: Mr. Bender requested that Commission "make the rule more equitable amongst owners that have different frontages." FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES/VERSION DATE: Created March 14,2007. Amend the LDC as follows: 91 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Ti:n:t stril:etRfsligh is aliFFant tent te be se]ates. Bold text indicates a defined term Table 2, Building Dimension Standards for Principle Uses in Base Zoning Districts. Zoning Minimum Front Yard Minimum Public School ~inimum Side Yard (feet) Rear Yard Requirements district (feet) (feet) GC None None None A 50 30 50 x tm- 10 percent ofIot width E 75 per side with a 75 x maximum of 30 feet. RSF-I 50 bo 50 x RSF-2 ~o ~o 30 x Waterfront Non- RSF-3 30 10 waterfront 25 x 7.5 RSF-4 25 10 7.5 25 x RSF-5 25 10 7.5 20 x RSF-6 25 10 7.5 20 x RMF-6 S.F.25 NA 7.5 20 x Duplex 25 NA 10 20 3 + units 30 NA 15 20 RMF-12 30 ~ 30 x RMF-16 b ~ b x RT b ~ b x Waterfront Non- SF./MH 20 10 waterfront 20 VR Duplex 35 15 5 30 x M.F.35 15 15 30 15 MH I Waterfront Non- 25 10 waterfront 10 x 7.5 Waterfront Nen- Waterfront Non- TTRVC 10 10 waterfront 10 waterfront - 2 5 8 92 1:\07 Amend the LDC\2007-Cycle 1\NEW AMENP (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent :tril:etRf8Iigh is BIiFFeRt teJ:t te Be aeletes. Bold text indicates a defined term Residential Non- Residential Non- C-I 25 25 residential 25 residential x 15 15 C-2 25 25 15 25 15 x C-3 3 c 25 a 25 a x C-44 d 25 a 25 a x C-54 25 25 15 25 15 x I 4 25 50 e 50 15 x BP 50 50 10 50 25 - CON 5 50 50 50 - P f f f x Residential Non- Residential Non- CF 25 25 residential 25 residential x 15 15 Overlay See table of special design requirements for the applicable overlay district located Districts in the appropriate section for that district in chapter 4. 93 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Ter:t stFikethf8Hgh is ElIiFFeHt tel:t ts Be seJetes. Bold text indicates a defined tenn This page intentionally left blank. 94 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 March 13,2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 13, 2007 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a,m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta Tom Henning Fred W. Coyle Donna Fiala Frank Halas ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Sue Filson, BCC Executive Manager Michael Pettit, Chief Assistant County Attorney Crystal Kinzel, Office of the Clerk of Court Page I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS it'" , -... ~ .....,_.:::"'. AGENDA March 13, 2007 9:00 AM Jim Coletta, Chairman, District 5 Tom Henning, Vice- Chairman, District 3 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, Page 1 March 13, 2007 AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Dr. Craig Nelson, East Naples United Methodist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda,) B. February 8, 2007 - District 5 Town Hall Meeting C. February 13, 2007 - BCC/Regular Meeting D. February 22, 2007 - BCC/Congressman Mack Roundtable Discussion 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1) Presentation of the Advisory Committee Outstanding Member Award to William H. Poteet, Jr., Chairman, Conservation Collier Land Acquisition Advisory Committee. 4. PROCLAMATIONS Page 2 March 13, 2007 A. Proclamation designating Florida Surveyors Week as March 13 through March 19, 2007. Florida Surveyors Week recognizes the many contributions and the continual dedication of surveyors to the citizens of Florida and the United States. To be accepted by Mr. David 1. Hyatt, PSM, State Board of Directors, Florida Surveying and Mapping Society, District 5, 5. PRESENTATIONS A. Project 66045 - Immokalee Rd. Design/Build Contractor Presentation, 6. PUBLIC PETITIONS A. Public Petition request by Connie Stegall-Fullmer to discuss County Development Standards and Zoning Variance Procedures. B. Public Petition request by Ronald Bender to discuss side yard set back vanance, C. Public Petition request by Ovidio Pozo to discuss fence to be built behind home. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item was continued from the January 23, 2007 BCC meetin!!. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. DOA-2005-AR-8543: Airport Road Limited Partnership, represented by Karen Bishop, of PMS, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of957,000 square footage (further limited to 707,000 square feet ofretaiJ and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15,2005 to October 15, 2010, The subject 148.99 acres, is located along the west side of Airport-Pulling Road, parallel to and approximately 1,600 feet north of Pine Page 3 March 13, 2007 March 13,2007 CHAIRMAN COLETTA: Thank you, We have a very capable staff and we're very appreciative of them. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: We have Eddie Martin in charge of this project, and Eddie's been with the county for a long time, is very proactive for the -- not only the board, but also the residents, CHAfRMAN COLETTA: Eddie Martin, are you here in the audience? MR. MARTIN: Yes, sir, CHAIRMAN COLETTA: Yes, stand up. (Applause.) CHAIRMAN COLETTA: Thank you, Mr. Martin. We really do appreciate what you're doing working with the company. MR. MARTIN: And thank all of you. CHAIRMAN COLETTA: Thank you. Thanks again. Item #6B PUBLIC PETITION REQUEST BY RONALD BENDER TO DISCUSS A SIDE-YARD SETBACK VARIANCE - PRESENTED AND STAFF TO BRING BACK TO FUTURE AGENDA W/RECOMMENDATIONS FOR STAFF TO WORK WITH MR. BENDER MR. MUDD: Commissioner, that brings us to public petitions. The first public petition is 6B, and it's a public petition request by Ronald Bender to discuss a side yard setback variance. Mr. Bender? COMMISSIONER HENNING: Mr. Chairman, can we move this? MR. MUDD: Mr. Bender's here, Page 24 March 13, 2007 COMMISSIONER HENNING: Mr. Bender's here? Okay. MR, MUDD: Yes, sir. Standing by the door. Mr, Bender, come on up to the podium. MR. MUDD: Mr. Bender, state your name for the record. How you doing? ~ -, MR. BENDER: My name is Ronald Bender, and I live on 66th Street in Golden Gate Estates. And basically I'd like to thank Mr. Mudd for his guidance and help in getting to this point. But the reason I stand before you today is because 21 years ago I built a detached concrete block structure to be used as my garage on my two and a quarter acres in Golden Gate Estates. The zoning stated that the side yard setback was 10 percent of the width of the lot for all property in the Estates at that time. My lot is 150 feet wide, and r complied and placed the building 15 feet from the lot line. My son has returned to Naples after serving four years in the United States Air Force, He wishes to live in Naples and finish college here. And due to the lack of affordable housing in Collier County, we felt that converting this building to living space would be the best solution to our housing problem. I started the process by visiting the building department. And everything was fine until r got to the zoning department. They informed me that the Estates zoning side setback was increased to 30 feet and I could not change the uses of this building from a garage because it was not 30 feet from the lot line. r was under the impression -- excuse me -- that the existing building might be grand fathered in, as I had no way of knowing at the time of construction that the rules would change after the fact. Obviously the building cannot just be picked up and moved in another 15 feet. r am here to ask for a variance to be able to use this building as living space, This would not be an issue and r would not be in front of you today ifmy property rights were not taken away by Page 25 March 13,2007 doubling of the side yard setback in 1991, five years after I built the garage. Specifically, my point is that my property is 150 feet wide and I have lost the use to place anything on 60 feet, which is 40 percent of the width of my property. This does not affect all Estates lots. For instance, my neighbor's house is seven and a half feet from the property line because -- and because their lot is 75 feet wide and the zoning change did not affect them, if the lot was vacant, they could still build a house seven and a half feet from my property line, or if they wanted to build another conforming covered structure, it would only have to meet the seven and a half foot setback. Another neighbor has a 1 05-foot lot, and he can build a guesthouse or other structure with only a 1 O-and-a-half-foot setback. With my property's 30-foot setback requirement, I feel that this is discrimination and has no factual justification. Property owners of Golden Gate Estates should not be treated unequally or have their property use taken away without just cause or tax relief. In conclusion, I would request a side setback variance to accommodate my building proposed change of use, My specific situation may be part of a larger issue in that commissioners may want to look into the possibility of restoring the property's side setbacks to what they had been prior to 1991. If there is a good reason for the current setback rule to be the way it is, nobody that I have been in contact with so far has been able to tell me. Thank you. CHAIRMAN COLETTA: Let me go to Susan first. Susan, would you address the setback? MS. ISTENES: Certainly. Susan Istenes. I'm the Zoning Director. The setback at the time Mr. Bender built his garage was Page 26 March 13,2007 required to be 10 percent of the lot width. In this case it's 150 feet, so he's required to meet IS-foot setback, which apparently he does, The code was changed. The latest record I could find was 1991. I can't tell you why; I can only assume that it was probably done when the Land Development Code was adopted along with our Growth Management Plan, to be consistent with the Growth Management Plan. And there were different setbacks for different lot widths in the Estates. As you know, there are legal nonconforming lots of record in the Estates that were platted at 75 feet wide, and you can no longer do that. So based on the width ofthe lot, yes, there are different setbacks, The other thing I want to mention is, I'm not sure Mr. Bender really needs a variance, and I was trying to figure that out with him in the hall, because this is the first opportunity I've had to speak with him or even meet him, and I was trying to look at his plan. So I don't know if -- what that does to your discussion, but I just wanted to let you know. CHAIRMAN COLETTA: So I mean, we still don't know if there's a possibility of grandfathering this or ifhe even needs a variance? MS. ISTENES: I'm not sure he needs a variance because the use -- there's different kinds of nonconformities. You have a nonconforming use, you have a nonconforming structure and you have a nonconforming lot. Mr. Bender has a nonconforming structure, and the rules are different for each different type of nonconformity, And in this -- and I think what may have n what may have happened is that a staff member may have applied the nonconforming use provision to his structure, and the rules are different. Like I said, he's converting to a use that's permitted by right as an accessory in the Estates zoning, and so that's -- the use isn't an issue here. But anyway, I was just in the hall trying to figure that out. I don't know -- like I said, I didn't get a chance to look at his drawings. Page 27 March 13, 2007 CHAIRMAN COLETTA: Yeah. When you get a chance, since this is my district, I'd very much like to know what the finding is because I'll probably have other people that have similar questions. Meanwhile, if worse comes to worst and he does need to get a variance, that requires, what is it -- I know you have to go through a whole public process, MS.ISTENES: Correct. He would have to apply, and then he would have to go through the public hearing process both in front of the Planning Commission and the Board of County Commissioners sitting as the Board of Board of Adjustment and Appeals. And as the Board of Adjustment and Appeals, you all would make the final decision on that if he needs a variance. CHAIRMAN COLETTA: Yeah. Mr. Bender, the way it works with variances, at least for the Estates, unless there's some serious objection or something that has to do with health, safety and welfare -- and it doesn't mean this is a pre-approval to this process, but this commission generally has been very understanding in approving them to go forward. We don't know if we're there yet. We still have to explore the possibility if it's even necessary to go through the variance part. You cannot get this commission -- if it does require a variance, this commission can't sign off on it at, per se, at a meeting like this. It has to go through the process. But let's do this, then we're going to go to Commissioner Henning in a second. Let's give it a chance to find out, let Susan go out and do the little bit of research, she'll report back to both you and me, and then we'll know what the next step is that has to be taken. But I'm sure you can get there from here. MR. BENDER: Okay. Well, I'm here because I was told to be here. That's why I'm here. CHAIRMAN COLETTA: Sir, and I appreciate you being here. Sometimes under public petition we can get these things to take one Page 28 March 13, 2007 step forward. MR. BENDER: Okay. CHAIRMAN COLETTA: And you availed yourself of that, and I think we've made a giant stride forward to know where we're going. Commissioner Henning? COMMISSIONER HENNING: Mr. Chairman, Mr. Bender lives in District 3. CHAIRMAN COLETTA: Oh, forgive me. COMMISSIONER HENNING: But we do represent all the people in Collier County. Commissioner Coletta and I, our districts are in Golden Gate Estates. I looked at, after reviewing -- getting Mr. Bender's email and reviewing his petition, reviewing our Land Development Code. And it's true, the larger lot that you have, the more rights are not provided, and I have a concern. Mr. Bender, if he's allowed to convert this garage to a guest home and he wanted to replace his garage, it has to conform to today's standards. And if you look at the PUD's like what were to me by Mr. Bender, it's true, setbacks are house to house, just a handshake away, and what we have done in the past with lots in Golden Gate Estates, the smaller the lot, the more you could use your property. And I really think that we need a Land Development Code change to make it more equitable for the people who have larger lots. After all, they pay more taxes by owning larger lots. And in this case, we allow them less of a land use than a neighbor with a smaller lot, and I think that we need to correct that. I think that we need to direct our staff to correct that inordinate government burden against property, and that's my motion, COMMISSIONER FIALA: Okay. I second the motion. CHAIRMAN COLETTA: Okay. So what we're doing is directing staff to bring something back to us in the future? Page 29 March 13, 2007 COMMISSIONER HENNING: Via Land Development Code Amendment, and we have an amendment process coming up now. And if there's no objection from staff, I would like to place that on the next cycle. MS. ISTENES: We can make the timing for that. I guess I just would probably need further direction as to what you expect as -- I think I understand, but -- COMMISSIONER HENNING: And I count on you and your staff to bring us something equitable, That's all I'm asking. MS. ISTENES: So it sounds like -- okay. It sounds like you want to increase the setback requirements on larger lots in the Estates zoning district? COMMISSIONER HENNING: Is it decrease or in -- decrease. MS.ISTENES: Decrease, I'm sorry, yeah. Decrease meaning you would have an increased buildable area. COMMISSIONER HENNING: Usable, But I don't -- I don't think it's appropriate to do it like we do at PUDs and that. And I think what -- in Mr. Benderson's case -- I'm sorry, Mr. Bender's case, 15 feet on a two-and-a-half-acre lot would be equitable, my opinion. MR. BENDER: Well, may I say just that overall, why can't it all be the same percentage? Why must it be different percentages? That's the key. MS.ISTENES: Yeah. That was kind of what I alluded to before, and I'm not sure I could answer as to why it is the way it is presently. CHAIRMAN COLETTA: Let's go to Commissioner Coyle, then Commissioner Halas, then we're going to wrap this up. COMMISSIONER COYLE: Well, we've sort ofleft out disposition for Mr. Bender here, But if we could add to the motion guidance to staff to work with Mr. Bender to find out ifhe even needs a variance approval -- MS. ISTENES: Sure. ~;~ (~ Page 30 March 13, 2007 COMMISSIONER COYLE: -- would be helpful. But, yeah, I would rely upon staffto come back to us with some recommendations that make sense. I mean, you can take a look at them and try to decide what the objective is and make some recommendations to us to make sure that people are treated equitably here, and I would also support the motion if you would add the guidance to-- COMMISSIONER HENNING: I'll amend my motion to include that, but I have no question that Ms. Istenes is going to do that anyways. But if we need that in the form ofa motion, I have no problem, COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: Okay. And it will be a part of my second then. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I would also, for myself -- I'm not sure ifthe other commissioners are interested -- but I would like to know what the history is of why this was proposed back in '91. There's got to be some reason, and I'd like to make sure that I know what the reasoning is before we move forward so we've got a history on this. MS. ISTENES: Certainly. We could certainly bring that back as part of the LDC amendment, just an explanation of what is and what is proposed to change and the kind of background. That's no problem. CHAIRMAN COLETTA: We have a motion by Commissioner Henning and second by Commissioner Fiala. Seeing no other discussion -- well, no, yeah. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye, COMMISSIONER FIALA: Aye, COMMISSIONER HENNING: Aye, CHAIRMAN COLETTA: Opposed? Page 31 March 13, 2007 (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you, Mr. Bender, for being here. MR. BENDER: Thank you. Item #6C PUBLIC PETITION REQUEST BY OVIDIO POZO TO DISCUSS A FENCE TO BE BUILT BEHIND HOME; BANK OF AMERICA WAS SUPPOSED TO BUILD THE WALL - STAFF TO MEET WITH COMMISSION WITHIN I MONTHS TIME MR. MUDD: Commissioner, that brings us to our next public petition, which is 6C. It's a public petition request by Ovidio Pozo to discuss a fence to be built behind his home. Anyone you want, sir. MR. POZO: My name is Ovidio R. Pozo. I live in Kings Lake at 1737 Knights Way across from the Bank of America. They have to build a fence that should be done before December last year. Until now, nothing has been done. I contacted Commissioner Fiala's office, and she wrote a letter to the branch manager. They haven't done anything. I contact the board of code enforcement. They have sent inspectors there two, three times, and nothing has been done. I'm living practically in the middle of the street. They have on the lights, a smaller storage that I have in the back of my house. And I ask you to do what you are supposed to do. CHAIRMAN COLETTA: Michelle Arnold? MR. POZO: Is Commissioner Fiala -- MR. MUDD: If! can help a little bit. CHAIRMAN COLETTA: Sure. MR. MUDD: Mr. Pozo is absolutely correct. Bank of America was supposed to build that wall, okay, and they haven't done so. Staff Page 32 Page 1 ofl MurrayRobert From: Karl Fry [karlfry@earthllnk.net] Sent: Sun 7/22/2007 10:36 AM To: StralnMark Cc: MurrayRoberl; Iindyadel@cs.com; donnareedcarron@colliergov.net; russeltuff@collivergov.net; 'roberl'; norskitor@aol.com; pmldney@colller.org; 'Karl Fry' Subject: Oakes Estates Advisory: presidenrs personal opinion Attachments: Mark and fellow Planning Commissioners, This email is not in an official board capacity but is my personal opinion. I see only adverse effects from the proposed change to lateral setbacks in the estates. This will nearly cut in half the minimum separation between our residences. A 2.5 acre lot currently requires 30' on either side of the property line = 60' minimum separation between our homes. After the change, only 33' would be the minimum separation (2 X 165' X 10%). This level of separation is a significant differentiator between estates and gated community zoning and was a major reason for my wife Heidi and I in choosing Oakes Estates to live and raise our family. Please do not allow this change to occur. If I have somehow missed some inherent advantages of this changes, please let me know. Otherwise, it appears only to allow larger homes that crowd our neighbors. I believe we can build large- enough homes while maintaining the current setbacks. Cheers. Karl Fry President, Oakes Estates Advisory Blue Kangaroo, Inc. Home Entertainment 8r. Lighting Control "Enjoy your home. You Live there!" Karl Fry I Partner I k;:lrl@J~'J'_~~_k~ng~r()g.bi_z Office/Cell: (239) 597-3737 Fax: (603) 907-6510 Blue Kangaroo, Inc. I Home Theater. Whole~House Music. HDTV &. Surround Sound. Lighting Control. 1810 J&C Blvd, Suite 8 Naples, FL 34109 WWW_.~I~~_:-_kilng~roQ.Qiz https:/ /mail.colliergov .netJexchange/RobertMurray/Inbox/Oakes%20Estates%20Advisory:%20pre... 7/22/2007 Honorable Members of the Collier County Planning Commission; I am writing you to express my concern regarding an issue coming before you on July 25th. Any proposal to reduce side setbacks on Estates zoned properties has potentially serious implications with significant impacts and certainly deserves full study and discussion. I am most upset that this proposal seemingly came out ofleft field with no notice whatsoever to any of the residents or civic and neighborhood groups in the Estates. To summarily change a major element of the LDC iu our only significant Rural community without full discussion and review is unacceptable. Estates properties and the quatity of life in rural Collier County are greatly influenced by drainage and surface water management issues, wildfire threat and needed mediation, and a host of related environmental concerns. Any LDC changes affecting density or access should certainly include a fulI presentation to all stakeholders and should probably involve SFWMD, Soil and Water Management, FL Division of Forestry, Collier Co. Storm Water and a host of others. This is not a simplistic issue. I hope you will give fulI consideration to the serious nature and implications ofthis proposal and recommend additional study and public information and involvement before any BCC action is taken. Thank you for your consideration. Timothy Nance President I Golden Gate Estates Area Civic Associaton Gayle Nance nanceg(gJearth I ink.net EarthLink Revolves Around You. Text underlined is new text to be added. Ttmt strikethFeligH is eliFH!l'lt tel;t t8 be seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: Bruce McNall DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1,2007 LDCPAGE: 4:111 LDC SECTION(S): 4.06.05C.1. CHANGE: Redefine the boundary for native planting requirement. REASON: Current language is contradictory and unclear. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: Created on February 13, 2006. Amend the LDC as follows: 4.06,05 General Landscaping Requirements * * * * * * * * * * * * C. Plant Material Standards. 1. Quality. Plant materials used to meet the requirements of this section shall meet the standards for Florida NO.1 or better, as set out in Grades and Standards for Nursery Plants, part I and part II, Department of Agricultural, State of Florida (as amended). Root ball sizes on all transplanted plant materials shall also meet state standards. a. I\t leae;t 75 percent of tho trees anEl aO percont of the shrubs usecl to fulfill these requiroments shall be native Southern FloriElian Bpeciee;, as E10terminecl by aocepteEl '/alicl sciontific reference. For sites that nro north ancl eae;t of U.S. I-lighway 41, at loast Ja percent of the shrube; uBocl 95 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stFiI:ethFsl:lgh is SI:lITfmt teJ:t t8 Be aeletea. Bold text indicates a defined tenn to fbl Ifi II these requireR'1ents shall be native Flerisian Sf3€1eiBE. :1E 8€1t€lrFFlinod by :JCG€li3tBS V3liS EG:ientific reforense. "~Jative Trees ancl Shrube; for cellier Ceunty Lie;!" is available fer roferenco. For f'lrefleSes lans development projecte; en coae;tal sherelines ans/er unsevelopoEl ans E1evelopecl ceastal barrior islnnclE:, all reEjuirocl lancle;cafling shall be 100 f'lercont native Southern Florisian spoGioe;. a. For sites South and West of US-41 all reouired landscapino shall be 100% native species as determined bv accepted valid scientific reference. For sites South and West of 1.75 and North and East of US-41 , a minimum of 75% native trees and 50% Native shrubs are re~uired. For sites North and East of 1.75, a minimum of 75% native trees and 35% native shrubs are reouired. (Link to "Recommended Collier Countv Native Plant list" and "Native Reouired Plantino Map"). b. In addition, for all sites, at least 75 percent of the trees and shrubs used to fulfill these requirements shall be drought- tolerant species as listed in the Xeriscape Plant Guide and Native Trees and Trees for South Florida (IFAS). References used in the determination of native species may include, but not be limited to: Long, RW., and O. Lakela, 1976. A Flora ofTropical Florida. Small, J.K., 1933. A Manual of the Southeastern Flora. Wunderlin, R.P., 1982. Guide to the Vascular Plants ot Central Florida. c. Where xeric plants are to be utilized, use the South Florida Water Management District, Xeriscape Plant Guide (as amended) as a reference. 96 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeJ(t stFii<efAF8ligfl is 6liFl"eRt tellt t8 BE! seletes. Bold text indicates a detined tenn Plant Material Cold Tolerance and Native Planting Map INLAND ZONE I =:J MID ZONE COASTAL ZONE " w-<r' , -44 ~$~ o 25 5 ,...,~~;;::;::~~"?~::.":'~,~""" I I I I Miles I Fioure 4.06.05 C. A 97 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeJ:t stFil:etRF8ligB is Sl:IFr8Bt hllJ(t t8 be aeletes. Bold text indicates a defined term This page intentionally left blank, 98 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t !ltFitetRF8YgR is SlUIent t8)(t t8 Be aeletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: Bruce McNall DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: 4:114 LDC SECTION(S): 4.06.05 E.1.a.-h. CHANGE: Prohibited species to include all FLEPPC category I invasive exotics REASON: FLEPPC category I invasive exotic plant list is comprehensive for SW Florida FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: Created on February 13,2007. Amend the LDC as follows: E. Prohibited Plant Materials. 1. Prohibited species. The following plant species shall not be planted: a. All Cateoorv I Invasive Exotics as listed on the Florida Exotic Pest Plant Council's website: rwww.flepPc.orol This list is routinelv monitored and updated bv the FLEPPC. Plus the followino species: b. Melia azedarach (Chinaberrv tree). c. Dalberoia sissoo (Indian rosewood). 99 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tiimt 5tFil:etlu8l::lgH is e1:lFrent tel:t t8 be aeletes. Bold text indicates a defined term a. IOnterolobilll:r1 cYGlocarpum (ear treo). b. Melia azesaraGh (chinaberry tree). G. Bisshofia javanisa (bishop'll'oocl). cl. Scaevela frutoe;cene; (Jl.61strnlian inkberry). e. Dalbergia e;issee (Inclian roe;e'/JeeEl). f. Safli6lR'l sobiforum (Chinese tallow tree). g. l'.rElie;ia elliJ3tisa (shoe button ar-Elisia). h. FiGue; misrocQrpa!Ficue; nitisa (laurel fig/Cuban laurel). TAis lie;! e;i:1all bo e;ubject Ie r-Gvision ae; exetic plant spociee; are determines Ie be noxioue;, in'lasi'/e, caue;e environmental E1egrnclation to native hal3itats, or 10 8e setrimontallo RUR'lan health, e;afely, or li:1e J3ul3lis ',velfnre. 2. Prohibited exotic species. In addition to the prohibitions outlined in section 4.06.05 E. above, the species enumerated in section 3.05.08 or seeds thereof shall not be grown, offered for sale, or transported inter-county or intra-county. 3. Prohibited exotic plants. All prohibited exotic plants, as defined in this Chapter as well as Chapter 3, shall be removed during each phase of construction from development areas, open space areas, and preserve areas pursuant to this Chapter as well as Chapter 3. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by prohibited exotic species. This plan shall describe control techniques and inspection intervals, shall be filed with, and be approved by, the development services director prior to approval of the improvement plans and final subdivision plat. Flexibility, in the form of area tradeoffs or mitigation, may be allowed in the determination of areas within developments to be preserved. 4. Native habitats. developments shall identify, protect, conserve, incorporate and use native vegetative communities pursuant to Chapter 3 and identify, protect and conserve wildlife habitat. F. Requirements to remove prohibited plant materials. For these requirements, see section 3.05.08 of this Code. * * * * * * * * * * * * 100 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TS1:t stFiI.etRfsligH is 8liffli:'!At tel;t te Be aeletea. Bold text indicates a defined term LDC Amendment Request ORIGIN: Cemmunity Development & Environmental Services AUTHOR: Bruce McNall, Landscape Architect DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle I, 2007 LDC PAGE: 4:115 LDC SECTION(S): 4.06.05G.2. CHANGE: Add clear language under new heading and add graphic REASON: Current language unclear and imbedded in long paragraph FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Created on February 13,2007. Revised on July 31, 2007 per the CCPC. Amend the LDC as follows: G. Installation and selection requirements for plant materials 1. Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under Chapter 10 of the Code. All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 4.06.05 C. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. 2. Limerock located within planting areas shall be removed and 101 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeJ:t stFil:ethrel:lgH is el:lFrE!Ht timt 1e Be aeletes. Bold text indicates a defined term replaced with native or growing quality soil before planting. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, sidewalks, buildings, circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or where they shall require frequent pruning in order to avoid interferences with overhead power lines and buildings, ~~ii111 8ii1I'lBl'lj' t~B8S SRiillI 8S I'llliRtQll iF'! smlill s~eees Ri!I' 'ir;;t!i Iimit88 Qi!;u~e~~' s~Bee BR9 regt s~Be8. b:Br;~g gBRe~~' trees SI:HsR as b.i~'8 gah tr8as sRall 98 ~IBRt88 e miRiml!llRX1 ef 15 feet fH~m Q IIwillliAg Large sanopy treoe; ti:1at are planteEl cloe;or than 1 a' te a buillling or witi:1in 10' of a sidewalk, pavecl area or unsergrounEl utility e;i:1all proviEle reet barrier, e;tr6lst6lral soile; or oti:1er assel3table mothocl of protectien extoncling within 20 feet of s6lsi:1 building, sidewalk, flavecl area er unElergrmlRs utility. Tree ails flarking lot/pole lighting lesatiens shall be sesignecl e;o as not tp conflict with one another. Parking 10t/1301e ligi:1ting shall not be locatecl in lansssape is!ancle; '.'lith trees anEl shall be locatecl a minimuR'l of 12.a feet from the trunk of a tree. (See Figllre X belew). a. An approved root barrier svstem shall be installed when the followino occurs: i. Laroe canopv trees are planted closer than 15' to a buildino. ii. Laroe canopv trees are planted closer than 10' to a sidewalk, underoround utility or paved area with no curbino or curbino which extends less than 18" below orade (see Fioure 4.06.05 G. A, below). 102 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t stril;etAfSligfl is 6liFreflt tent ts be Eieletes. Bold text indicates a defined term 10 ORl!:SSTOC\j~1l. 10- OR LfSSTosrDEwALj(. PAVED AIlEA OR UNOEIl:GIWUN() UTILITY AIlEA CONTAfNING SIDEWALK. PAVED AIlEApR UNDEIl:Gll-OUND UTUl1')' ----y / / ~~~A :....^--....j---_.---~-+. 1 i i 18"MIN D"," , (~~ 1 T .--=----8 [.:? \=c:TIl.il...........,n.-....V.,....i , J I cc- /.:;?"" .H. .' P'~i,~'''--' I "FU I '. ~:L-;;:{\I'\J".I.',~~..l\.t.."v:".' 'UiVi' j1":~l:O:;,...~i",;j. ",,,,:i., l-f~::;":'l'- .:.....:..o,<;~, '-'------~-->.~!.;:.,; . '-1=1 (--" --- 1 '-'-'-""-. ~I- ~,~E" )' IJn...)~.JI~~. :1.'...........1'.\\.. f.l~. ..i'l.JiiT.....L-. h. .... C"'lrK.'..J.TJ'.i..,.~....I....i'i '_i . . .nL'~.~N~LcI\~\:-b"'J~ITi'~t,~:_~) i " J"';] fiN i .:\/1. "1'\ \ "'AI'''i 1 '. i " ""''','''' _k.,.."dj 'I ) \ ..,.Ii ~ ~ '-" ROOT BARRIER DETAIL NT<. rf~" ~ y '"c.=::f TREES PLANTED WITHtN to' Of A PAvED ARE"- OR UTILITY ROOT BARRIER IN5T AL-LED PER MANUFACTURER'S SP[CIf'ICA TION fOR A MININUM DISTANCE" OF 20LF '---.~" 15' FROM EDGE Of BUILDING ! .j / / ,", / "/'" \ ~-- -----~_.. ROOT / I/I! ,~-yz.~~ \ \_, -.. .-- 'ARRIER i, 1-", ~ "~~.- .-', I /// t,-;w;L "",.,} m, . ..,,' I ,:;~ '"., -~", '--, J ' t'J o\l.,...., \ '- f' r.~01' I j '" 4:: tE"::.::' <0'). IZ' "...--y' <ON( ~:'IR~t ' \ \, \ ' '9~'~ ''>>, 1",,; \, " I ) f . <J ': W /, I. - \~J~'~~"~~1~~~~~~1 I -TREE ROOT BARRIER ZONE' ALL BUILDING, SIDEWALK, OR PAVED EDGES OCCURRING- wrTHrN THrs ZONE SHALL aE PROTECTEO FROM TREE Roors BY THE PLACEMENT OF II ROOT BARRIER. ROOT BARRIER.S SHAll- NOT BE lJsED TO "80X-IN" TIl;EE ROOTS. PLAN ROOT BARRIER DETAIL N.TS REFER TO LDC 4.06.05 6.2. ""~p~,,,,(} ~~. OH1;O:~ Of ""^"Fl'"r. ."'t> r~;:HNV~L ~\""'(JOT (!JMMl,"nn '>f~(O>"""N~ 'N'~ ""''''lJl<'J'lM!;r.''A;_ >f~.'l,"~ tlt'l:_'>tON ~A'!:-I~I<%Y.> i'kk_lloo'!b',,<_,-c.t,"J'O,,(; Fioure 4.06.05 G, A b. Tree and Darkino lot/pole liohtino locations shall be desioned so as not to conflict with one another. i. Parkino lot/pole Iiohtino shall not be located in landscape islands with trees. ii. Parkino lot/pole liohtino shall be located a minimum of 12.5 feet from the trunk of a tree (see Fioure 4.06.05 G. B, 103 f:\07 Amend the LDC\2007-Cycfe 1\NEW AMEND (090907) CAF,doc 9/28/2007 Text underlined is new text to be added. Timt strikeHlrsligh is 6liFFSflt tent te Be selstes. Bold text indicates a defined term below). COMPATIBLE TREE AND LIGHTING DESIGN Fioure 4.06.05 G. B 3. Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within easements without written approval from all entities claiming an interest under said easement. 4. All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation. 104 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stril:ethrsugh is 6UFnmt temt te Be aeletea. Bold text indicates a defined tenn 5. All required landscaping shall be installed in accordance with plans approved under Chapter 10 of the Code. Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with Chapter 10 governing the final platting of subdivision. 6. All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved building and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code. 7. In instances where an act of God or conditions outside the control of the applicant have prevented immediate installation, the County Manager or his designee, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy. * * * * * * * * * * * * 105 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 912812007 Text underlined is ncw text to be added. Tel1:t stFil:elJIrsl:IgB is SliFfeBt te;:t t8 be selates. Bold text indicates a defined tenn This page intentionally left blank, 106 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to he added. Tent stFil:et1:J.F8Iigh is 6lilnnt te"t te be aeletes. Bold text indicates a defined tenn LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: John Houldsworth, Senior Engineer, Stan Chrzanowski, P.E. Engineering Manager DEPARTMENT: Engineering Review AMENDMENT CYCLE: Cycle I, 2007 LDC PAGE: LDC10:54 LDC SECTION(S): 10.02.04 B Final Plat Requirements CHANGE: Establish a time specific in which final subdivision plats must be recorded after approval by the BCC REASON: The code currently has conflicting time frames for recording of an approved plat. FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts. RELATED CODES OR REGULATIONS: 10.02.05 B.II (also being amended this cycle) GROWTH MANAGEMENT PLAN IMPACT: There IS no growth management impact. OTHER NOTES/VERSION DATE: February 23, 2007 April 24, 2007 August 9, 2007 per CCPC Amend the LDC as follows: 10.02.04 Submittal requirements for plats * * * * * * * * * * 8, Final plat requirements * * * * * * * * * * * 3. General requirements for final subdivision plats * * * * * * * * * * 107 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeJ;t stFil:etHFsligR is 6liffeRt tent ts be seletes. Bold text indicates a detined tenn b. The final subdivision plat shall conform to the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, pursuant to section 10.02.05 A.5.. The final subdivision plat shall constitute only that portion of the approved preliminary subdivision plat, if applicable, which the applicant proposes to construct within a finite period not to exceed 18 months. The improvements required by this section which apply to the final subdivision plat shall be completed within 18months from the date of approval of the final plat bv the board of countv commissioners unless prior to the 18-month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the development services administrator or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period (unless a written extension request is approved by the County Manager or his designee prior to the expiration of the 18-month construction period), whethor the final plat ie; appreves enly er a!'l!'lreves ancl recorcleEl v:ith tho posting of a e;ubclivie;ion performance e;ecurity. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section c. below. c. N. the tiR'lo of submission of the finnl e;ubsivisien !'llat, ti:1e applicant shall submit a e;tatement inclicating wi:1ether ti:1e requirecl improvemonte; are to be censtr6lstes !'lrier to tho resersin~ of the final e;ubsivisien !'lICit or after rocoroing unEler subclivie;ion performance security postecl '.'lith the county m: proviEleEl for in thie; e;ection. When the requireEl improvements aro to be completeEl after recorcling uncler guarantees ae; proviEleEl in this Election, Once approved bv the board, the applicant shall submit the final plat for recordino within 18 months. The final subdivision plat upon submittal shall be accompanied by the following: . . . . . . . . . . . . 108 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel;t stFil:etRreugR is SUFFBBt te!it te l;e seletea. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: John Houldsworth, Sf. Engineer, Stan Chrzanowski, P.E., Engineering Manager DEPARTMENT: Engineering Review AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDCIO.67 LDC SECTION(S): 10.02.05 B.II CHANGE: Establish time limits for recording of approved final subdivision plats REASON: The code currently has conflicting time frames for recording of an approved plat. Once approved by the beard, the applicant shall submit the final plat for recording within 18 months or as may otherwise be provided within the cited section. FISCAL & OPERATIONAL IMPACTS: There are ne fiscal or operational impacts RELATED CODES OR REGULATIONS: 10.02.04 B.3.b (also being amended this cycle) GROWTH MANAGEMENT PLAN IMPACT: There IS no growth management impact OTHER NOTESNERSION DATE: February 23,2007 April 25, 2007 Amend the LDC as follows: 10,02.05 Submittal requirements for improvement plans * * * * * * * * B. Construction of required improvements * . . . . . . . 11. Expiration. ,^,II r8quirecl improveR'lents associateEl \Nith tho construction ancl maintenance agr.ggment e;hall be comfllotoEl 109 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel,t stI"il:etfirsligH is 611rnmt l@l:t tsst! seletes. Bold text indicates a defined tenn within 18 monli:1s freR'l li:1e sate of resersing of the final e;b1bclivision fllat, er, if senstruGtion of roquirocl improveR'lents is b1nclertaken prior to resersing ti:1e final sbll3sivisien plat, '/Jithin 18 months from the Elate of approval of the final e;b1bclivision plat by the l3ears of county Gommie;e;ionere;. If improvements are not completed within the prescribed time period as specified in section 10.02.04 B.3.b, and a subdivision performance security has been submitted, the engineering review director may recommend to the board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements. All of the required improvements shall receive final acceptance by the board of county commissioners within 36 months from the date of the original board approval. The developer may request a one-time, one-year extension to receive final acceptance of the improvements. . . . . . . . . . . . . 110 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tl:mt stFil:ethrsligH is aliFFeat tell! te be seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E., John Houldsworth, Senior Engineer DEPARTMENT: Engineering Review Services AMENDMENT CYCLE # OR DATE: Cycle 1,2007 LDC PAGE: LDC 10.174 LDCIUDC SECTION: 10.02.05 E.2.s CHANGE: Add requirement for subdivision plans and plats to be resubmitted for review within 270 days of deficiency letter. REASON: If plans and plats are allowed to linger for months and years in some cases, development standards and requirements frequently change; also staff has to re- review entire project because we have lost familiarity with the project. This requirement is consistent with the requirement for Site Development Plans. FISCAL & OPERATIONAL IMPACTS: No fiscal impacts RELATED CODES OR REGULATIONS: 10.02.03 8.4 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESfVERSION DATE: January 15,2007 Amend the UDC [LDC] as follows: Add s 10.02.05 Submittal Requirements for Improvement Plans . . . . . . . . . . . . E. Improvement Plan Requirements. . . . . . . . . . . . . . 2. Improvement plans submission requirements. . . . . . . . . . . . . . 111 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeJlt strihedH8Hgh is 6liFF6Ht teJlt tEl be deletE!8. Bold text indicates a defined tenn s. Subdivision Construction Plans and Plats (PPLs) once submitted for review. will remain under review so lono as a resubmittal in response to a countv reviewer's comments is received within 270 davs of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for PPL review will be considered withdrawn and cancelled. Further review of the proiect will reouire a new application tooether with appropriate fees. * * * * * * * * * * * * 112 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Temt stril:ethrsl:lgh is 6UffeHt tent te be selBtBa. Bold text indicates a defined tenn LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E., John R. Houldsworth, Senior Engineer DEPARTMENT: Engineering Review AMENDMENT CYCLE: Cycle 1, 2007 LDC PAGE: LDC 10:61 LDC SECTION(S): 1O.02.05.A.2 CHANGE: Create a time limitation for resubmission of construction plans and plats (PPL's) consistent with the requirements for Site Development Plans. REASON: Occasionally a project will spend months between re-submittals. There is a 270 day time limit between submittals fer Site Development Plans, we propose the same time limits for Constructien Plans and Plats. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Created October 2006 Amend the LDC as follows: 10.02.05 Submittal Requirements for Improvement Plans * * * * * * * * A. Procedures for improvement plans and final subdivision plats * * * * * * * * 2. Review, determination and recommendation by County Manager or his designee. After receipt of completed improvement plans and final subdivision plat, the County Manager or his designee shall review and evaluate the improvement plans in light of section 10.02.05 E., including the general requirements established in section 10.02.05 E.1., the improvement plans submission requirements established in section 10.02.05 B.2., the required improvements established in section 113 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t striketRfsligk is 61:lFr6Ht teJ:t tEl 88 ssletes. Bold text indicates a defined term 10.02.05 E.3., QI'lQ the design requirements established in section 10.02.05 EA., the time limitations pursuant to section 10.02.03 BA.a. and shall review and evaluate the final subdivision plat in light of the final subdivision plat requirements established in section 10.02.04 B.3. Based on the review and evaluation, the County Manager or his designee shall approve, approve with conditions, or deny the improvement plans. If the improvement plans are denied, then the final subdivision plat shall not be submitted to the board of county commissioners unless and until the improvement plans have been approved or approved with conditions by the County Manager or his designee. If the improvement plans are approved or approved with conditions, the County Manager or his designee shall recommend that the board of county commissioners consent to, consent with conditions or deny the final subdivision plat. The determinations regarding the improvement plans and the recommendation regarding the final subdivision plat shall be in writing. If the County Manager or his designee denies or places conditions on the improvement plans or recommends denial or conditions on the final subdivision plat, he shall state reasons for such denial or conditions, or recommendation of denial or conditions and shall cite the applicable code or regulatory basis for the conditions of denial. . . . . . . . . . . . . 114 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t strikethrsl:lgh is SIiA'eHt telJ te Be seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, Engineering Director/County Engineer DEPARTMENT: Engineering Services LDC PAGE: LDCIO:8i LDC SECTION: 10.02.05 E.4 CHANGE: Add subsection, requmng off-site drainage improvements be constructed prior to anyon-site infrastructure construction. REASON: To prevent the development of new projects from creating drainage and erosion problems to neighboring lots, parcels and developments. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACTS: None OTHER NOTESNERSION DATE: Created on October 11, 2006. Revised & reformatted on Jan. 23, 2007, August 9, 2007 per CCPC Amend the LDC as follows: 10.02.05 Submittal Requirements for Improvement Plans * * * * * * * * * * E. Improvement Plan Requirements * * * * * * * * * * * 4. Design requirements for Water Management. a. Plans and specifications. As a precondition for approval of improvement plans, the developer shall deliver to the County Manager or his designee complete plans and specifications in report form prepared by a registered professional engineer licensed to practice in the State of Florida, which shall include, but may not be limited to, the following: i. A topographic map of the land development related to both NAVD and NGVD with sufficient 115 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to he added. Tel:t stri];ethrsHgh is I:Jl::I.ffeRt ti:mt t8 be deletes. Bold text indicates a detined term spot elevations to accurately delineate the site topography, prepared by a professional surveyor. This information may be shown referenced to one datum with a note on the cover sheet listing a site- specific equation for determining the grades in the other datum. ii. A drainage map of the entire basins within which the development or subdivision lies. This map may be combined with the above topographic data in a manner acceptable to the County Manager or his designee. All ridges lying within the basins and the area of the basins stated in acres, of all the existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. iii. Flow paths shall be indicated throughout including final outfalls from the development and basins, existing water elevations, all connected and isolated wetlands, recurring high water elevations, proposed design water elevations, and other related hydrologic data. iv. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design method established by the South Florida Water Management District. v. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, roads and curbs, and other proposed development construction. vi. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for existing roads. vii. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient right-of-way shall be provided by the developer or subdivider to accommodate these and future needs. viii. For projects which require a construction permit to be issued by the South Florida Water Management District, approval of improvement plans and the final subdivision plat shall not be granted by the County Manager or his designee until a copy of the permit or an acceptable "early work" permit is submitted to the County Manager or his designee. 116 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TE!l(t stri1:ethrsHgA is EHFnmt tSl:t ts be seletea. Bold text indicates a defined term ix. The master drainage plan shall include the drainage plans and details for all lots. The master drainage plan shall show proposed finished grade elevations at all lot corners and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. x. Construction plans for all subdivisions. site development plans. site development plan amendments and site improvement plans shall include a oeneral note statino that all off-site drainaoe improvements associated with the current phase of development. includino perimeter berms, swales, stormwater outfall svstems and on-site perimeter swales shall be completed and operational prior to commencement of construction of on-site improvement. a) This requirement shall be established at the mandatory pre-construction conference. Failure to complv with completion of the reouired off site improvements will result in a stop work order beino issued until such time as the proiect is brouoht into compliance with this reouirement. b. The engineer of record prior to final acceptance, 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. . . . . . . . . . . 117 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeJ[t slFil:etRf8I::1g!:J is eliFfeHt tel:t ts be seletea. Bold text indicates a defined tenn This page intentionally left blank. 118 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stFiI:et.lJ.religR is 6lment te?lt te Be seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Sue Trone, Planner/David Weeks, AICP, Planning Manager DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC]0:141 LDC SECTION(S): 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appea]s, the EAC, and the Historic Preservation Board CHANGE: Adding the requirement of posting signs announcing public hearings for site-specific amendments to the Growth Management Plan (GMP) and reorganization of the general provisions for signage. REASON: To better inform the public of hearings involving amendments to the Growth Management Plan. FISCAL & OPERATIONAL IMPACTS: Impact to the County is minimal-- some additional staff time will be necessary to review the sign contents prior to posting by the applicant; also, for County-initiated petitions, the County would bear the cost for posting of sign(s). Impact to applicants will vary, depending upon property dimensions. Presently, each sign cests between $800 and $] ,200 and signs must be posted prior to both CCPC hearings. Historically, an average of about five site-specific GMP amendment petitions are received annually. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created March 7, 2007. Edited August ]4; revised August 17. Amend the LDC as follows: 119 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stFil:ethreugh is Sl:lffSRt teJ:t 18 be se]etes. Bold text indicates a defined term 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, +!he EAC, and the Historic Preservation Board . . . . . . . . . . . B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions and for small-scale or other site-specific comprehensive plan amendments. In the case of E. small-scale or other site-specific comprehensive plan amendment. an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners as applicable. Small- scale or other site-specific comprehensive plan amendments, PUD extensions, rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. 1. Applications for a PUD extension, whether initiated by the applicant or the BCC, shall only be heard by the BCC pursuant to the notice and advertising requirements set forth in sections 10.03.05 B.g lQ. and g 11. of this Code. 2. In the case of PUD extensions pursuant to sections 10.02.13 G D.4., 10.02.13 G D.5.a. and 10.02.13 G Q.6. of this Code, a sign shall be posted at least 15 days prior to the date of the hearing before the BCC and shall conform to the applicable sign requirements listed in Bubsections J.c., J.E1., 4 and 5 below. a. The sicm advisino of the PUD extension hearino shall be in substantiallv the followino format: PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) EXTENSION TO PERMIT: (set forth alternatives ooino to the BCC) DATE: TIME: b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA. 34112. 120 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t stFiI:etRF8ligfl is 6!,Ll'feat te;:t tEl BE! aeletes. Bold text indicates a defined term 3. In the case of small-scale or other site-specific comprehensive plan amendments, a sian must be posted at least 15 davs prior to the date of both transmittal and adoption hearinos, as applicable, before the plannino commission. a. The sian advisino of the comprehensive plan amendment hearino shall be in substantiallv the followino format: PUBLIC HEARING FOR SMALL-SCALE OR SITE-SPECIFIC AMENDMENT TO COMPREHENSIVE PLAN TO PERMIT: (sufficientlv clear to describe the amendment) OTHER THE DATE: TIME: b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112. d., 4. For all other petitions noted in paraoraph B above, a A sign shall be posted at least 15 days prior to the date of the public hearing by the planning commission. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign: a. PUBLIC HEARING TO REZONE THIS PROPERTY: FROM TO TO PERMIT: DATE: TIME: (or where applicable the following:) b. PUBLIC HEARING REQUESTING CONDITIONAL USE (VARIANCE) APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the project) DATE: 121 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel(t strihethrs1:lgA is SIiFreAt tel:t te Be seletes. Bold text indicates a defined term TIME: c. The sign acl'/ie;ing of the PUD extonsion i:1ear.ing shall be in sllbstantially the fellewing fermat: PUBLIC HE/'.RING FOR !" PLA~INED U~JIT DEV~LOPr>.1Em (pUIJ) EXTENSlmJ TO PERMIT: (set ferth alternatives going to the BCC) D!'.TE: TIME: !'U OF TI-IE -"BOVE TO BE I-IELD I~l COMMISSlmlERS MEETING ROOM, COLLIER COUNTY GOVER~IMHJT CE~JTER, H^RMml TURNER BUILDING, JJQ1 E. TAMI.^.MI TR,^.IL, ~1.^,PLES, FLORID!'., J4112. f". ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING. 3301 E. TAMIAMI TRAIL. NAPLES, FLORIDA. 34112. G 9,. For all petitions, the +He area of the signs shall be as follows: i-ca. For properties less than one acre in size, the sign shall measure at least one and one-half square feet in area. ih-b. For properties one acre or more in size, the sign shall measure at least 32 square feet in area. 4c- 6. For all petitions, in iR the case of signs located on properties less than one acre in size, a sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property. Where the property for which approval is sought is landlocked or for some other reason the signs cannot be posted directly on the subject property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. &.- 7. For all petitions. in iR the case of signs located on properties one acre or more in size, the applicant shall be responsible for erecting the required sign(s). A sign shall be erected in full view of the public on each street upon which the subject property has frontage. Where the subject property is landlocked, or for some other reason the signs cannot be posted directly on the property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. 122 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t stFiI:ethfElugh is eliFfi:!Bt tellt t8 Be seletes. Bold text indicates a defined tenn There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the county manager or designee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has jurisdiction. The signs shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of written notification by the county manager or designee from the applicant requesting to withdraw the petition or requesting its indefinite continuance. <h j!. For all petitions except for small-scale or other site-specific amendments to the comprehensive plan, the +Re planning commission shall hold one advertised public hearing. Notice of the time and place of the public hearing by the planning commission shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any. +-, 9. For all petitions except for small-scale or other site-specific amendments to the comprehensive plan. notice ~Jotise of the time and place of the public hearing by the planning commission shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed land uses, applicable development standards, intensity or density in terms of total floor area of commercial or industrial space and dwelling units per acre for residential projects, and a description of the institutional or recreational uses when part of the development strategy. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. & 1Q" For all petitions except for small-scale or other site-specific amendments to the comprehensive plan, for ~ subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county at least 21 days in advance of the hearing. This notice shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notices need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. 123 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stl'il:etRfSligfl is 811FfBFlt te;:t ts be aeletes. Bold text indicates a defined term 9, 1.L For all petitions except for small-scale or other site-specific amendments to the comprehensive plan, for FGF subject properties located within areas of the future land use element of the growth management plan that are not designated urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax roils of Collier County and any other persons or entities who have formally requested the county to be notified. 12. For small-scale and other site-specific comprehensive plan amendments, the plannino commission (local plannino aoencv) shall hold advertised public hearinols) on the proposed ordinance or resolution. as applicable, pursuant to re~uirements of Chapter 163, Florida Statutes. ~ 13. For all petitions except for small-scale or other site-specific amendments to the comprehensive plan, notice ~Jotice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. -'l--'hc 14. The clerk to the board of county commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUD amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the board of county commissioners. ~ For small-scale and other site-specific comprehensive plan amendments, the board of countv commissioners shall hold advertised public hearinols) on the proposed ordinance or resolution, as applicable. Dursuant to reouirements of Chapter 163, Florida Statutes. ~ 16. For all other petitions, the +Ae board of county commissioners shall hold one advertised public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. 124 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stFil:etl'IFsligR is 6~lFfeBt teJlt ts be aeletes. Bold text indicates a defined tenn LDC Amendment Request ORIGIN: CDES AUTHOR: Bedtelyon DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle I, 2007 LDC PAGE: LDCIO:148-l49 LDC SECTION(S): 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board. CHANGE: Add the requirement for a second Neighborhood Information Meeting (NIM) when a land use petition is continued for over a year from the initial Neighborhood Information Meeting. REASON: Revisions to petition that may impact surrounding property owners and improve public awareness of Growth Management Plan Amendments FISCAL & OPERATIONAL IMPACTS: StaffOvertime/Comp time. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: Created March 22, 2007 Amend the LDC as follows: F. Public participation requirements for small-scale or other site-specific comprehensive plan amendments, rezonings, PUD amendments and conditional uses. \'ariaRses or parkfRfj exemfltioRs and Mixed Use Proiect (MUP) aoorovals.. 1. Applicants requesting a small-scale or other site-specific comprehensive plan amendment, rezoning, PUD amendment, mixed use project approval or conditional use approval must conduct at least one Neighborhood Informational Meeting ("NIM") after initial staff review and comment on the application have been 125 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stFil:etl'J.F8Iigfl is Slifnmt tel:! tl3 bE! selated. Bold text indicates a defined term provided, or after notification of application sufficiency for a small- scale or other site-specific comprehensive plan amendment, aM before the Public Hearing ie; e;checlulecl with the Planning Commission or Board of County Commissioners actino as the Board of Zonino Appeals. a. For a small-scale amendment, the NIM is required prior to the CCPC adoption hearing. For other site-specific comprehensive plan amendments, the NIM is required prior to the Planning Commission transmittal hearing. A second N I M for a site specific comprehensive plan amendment, to be held prior to the Planning Commission adoption hearing, will only be required if, as determined by staff, a substantial change has occurred to the proposed amendment subsequent to the Board of County Commissioners transmittal hearing. b. In the case of a Mixed Use Project application, after initial staff review and comment on the application have been provided, a NIM shall be conducted prior to the first public hearino. c. For all other applications, the appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public. 2. Written notice of the meeting shall be sont to all FJr-el3eFty ewners who are requiros te resei...e legal netif.isalien fr-om the county pure;uant to sestien 10.9J.95.B.€i. er 7. Netif.isalien shall be sent bv mail to all owners of propertv within 500 feet of the propertv lines of the land for which the approval is souoht. The 500 foot distance shall be measured from the boundaries of the entire ownership or PUD. For properties located within areas of the future land use element of the orowth manaoement plan that are not desionated urban, the foreooino notice reouirements applv, except that written notification must be sent to all owners of Dropertv within 1,000 linear feet of the subiect propertv. For the purposes of this reouirement. the names and addresses of propertv owners shall be deemed those appearino on the latest tax rolls of Collier County. The applicant shall also provide written notice of the Neiohborhood Information Meetino (NIM) reouest shall also be sent to property owners, condominium and civic associations whose members are mav be impacted by the proposed land use changes and who have formally requested the county to be notified. a. A list of such organizations must be provided and maintained by the county, but the applicant must bear the 126 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tlmt s'FiI:eHlF8IigH is 6\iFrent tel:t tl3 be seletea. Bold text indicates a defined tenn responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the County Manager or designee and the office of the b!2.oard of sQounty sCommissioners no less than ten days prior to the scheduled date of the neighborhood information meeting. b. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must further cause a display advertisement, one-fourth page, in type no smaller than 12 point~ and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear~ stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but no e;ooner not later than five days before, the Neighborhood Informational Meeting (NIM). The Collier County staff planner assigned to attend the pre-application meeting, or designee~ must also attend the neighborhood informational meeting and shall serve as the facilitator of the meetingT~ however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the County Manager or designee. ~ L-As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the olannino servicos Zonino and Land Development Review department. These written commitments will be made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable development order. d. In cases where the applicant's petition extends bevond one vear from the date when last Neiohborhood Information Meetino (NIM) was held. a NIM shall be conducted with adherence to all notification and advertisino reouired for the initial meetino. This 127 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TS1:t stFiI:s1l'lFflligfl. is ell.Ff8Ht tei:t te Be aeletes. Bold text indicates a defined tenn re~uirement does not apolv to site-specific comprehensive plan amendments. 3. Any applicant requesting variance approval or parking exemption approval must provide documentation to the planning servisEls Communitv Plannino Coordinator E1epartment indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient. 4. Where it has been determined that there is a property owner, functioning condominium or civic association which has made formal request of the county to be so notified, then the applicant must provide written documentation to the fllanning e;ervices Communitv Plannino Coordinator dep3rtment indicating that such property owner or organization has also been notified concerning the extent and nature of the variance or parking exemption requested. The applicant mue;l provicle a written asse~nt of the ree;lJlt of e;lJch notice ancl e;hall e;ubmit any anEl all written communications to the planning sorviGes E1opaFtR'lent. A list of property owners, homeowner or condominium associations notified and any other written communications must be submitted to the planning servicos Communitv Plannino Coordinator clepartment at least two weeks prior to the scheduled date of the first advertised public hearing. The applicant shall provide a written account of the result of such notice and shall submit any and all written communications to the Zoning and Land Development Review department. * * * * * * * * * * * * 128 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tellt s~Fil:ethf8IigR is ElIiR"eHt h~)~t te13e seletea. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board Directed AUTHOR: Catherine Fabacher DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1, 2007 LDC PAGE: Various LDC SECTION(S): 2.03.07 Overlay Zoning Districts; 10.03.05 Notice Requirements for Public Heariugs By the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board. CHANGE: Add a public hearing before the Planning Commission to the Mixed Use Project (MUP) approval process. Require MUP applicants to provide an estimated construction time line and an estimated completion date as part of the MUP application. REASON: Directed by the Board of County Commissioners FISCAL & OPERATIONAL IMPACTS: A public hearing before the Planning Commission will delay MUP approval by approximately 3 months. The additional public hearing will also double the expense of the process for the applicant; such as, an additional public hearing, an additional NIM, another required sign ($800-$1200), another newspaper ad ($800-$1200), and another mailing to adjacent property owners within 500 feet of the project (?) plus another newspaper advertisement ($800-$1200). This will also double staff review time on the project. RELATED CODES OR REGULATIONS: See LDC sections above. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created June 5,2007. Amend the LDC as follows: 2,03.07 Overlay Zoning Districts I. Bayshore Mixed Use Overlay District 3, Mixed Use Project Approval Process. 129 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeJlt stFil:etRFsHgR is SIiR'"eAt tel;! fa be seletes. Bold text indicates a defined tenn a. Owners of property in the Neighborhood Commercial (BMUD-NC) and Waterfront (BMUD-W) Subdistricts may petition the Board of County Commissioners for mixed use project approval. The appiication for MUP approval shall acknowledge that the owner shall not seek or request, and the County shall not thereafter grant or approve, any additional uses beyond those allowed in the C-1 through C-3 zoning districts. The application shall be accompanied by a conceptual site plan demonstrating compliance with the criteria in section 10.03.05.G. b. There shall be a public hearing before the Plannino Commission, leoallv noticed and advertised pursuant to subsection 10.03.05 G. 1. and Dosted as provided for in subsection 10.03.05 G. 3. The Plan nino Commission shall make a recommendation to the Board of Countv Commissioners based upon the criteria provided in subsection 10.03.05 G. 8. There shall be a public hearino before the BCC" legally noticed and advertised pursuant to section 10.03.05.G. If approved by the BCC, such approval shall be by resolution. C. Once a Mixed Use Project has been approved by the BCC, the applicant shall submit a site development plan (SDP), based on the conceptual site plan approved by the BCC and meeting the requirements of section 10.02.03 B.1. of this Code, to the Community Development and Environmental Services Division within six months of the date of approval. This SDP must be determined as sufficient and accepted for review by the Division within 30 days of submittal. After the SDP has been approved, the approved project shall be identified on the Collier County official zoning atlas map, using the map notation MUP. If a MUP approval expires, as set forth below, the map notation shall be removed from the official zoning atlas map. The burden is on the applicant to submit an SDP application in a timely manner, to be responsive to the County's SDP review comments, and to commence construction in a timely manner after SDP approval has been granted. d. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: i. The SDP is not submitted within six months of MUP approval by the BCC. ii, The SDP is not deemed sufficient for review within 30 days of submittal. 130 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Teltt strikstkrsl:IgB is 6HFr8Ht tent t8 88 s8letes. Bold text indicates a defined term iii. The SDP under review is deemed withdrawn and cancelled, pursuant to section 10.02.03.B.4.a. iv. The SDP is considered no longer valid, pursuant to section 1 0.02.03.B.4.b. and c. e. Once a property owner, through a MUP approval, elects to develop or redevelop a mixed use project under Neighborhood Commercial (NC) or Waterfront (W) Subdistricts, then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlying zoning district. . . . . . . . . . . . . 2.03.07 Overlay Zoning Districts N. Gateway Triangle Mixed Use Overlay District . . . . . . . . . . . . 3. Mixed Use Project Approval Process. a. Owners of property in the Neighborhood Commercial (BMUD-NC) and Waterfront (BMUD-W) Subdistricts may petition the Board of County Commissioners for mixed use project approval. The application for MUP approval shall acknowledge that the owner shall not seek or request, and the County shall not thereafter grant or approve, any additional uses beyond those allowed in the C-1 through C-3 zoning districts. The application shall be accompanied by a conceptual site plan demonstrating compliance with the criteria in section 10.03.05.G. b. There shall be a public hearing before the Planninq Commission. leqallv noticed and advertised pursuant to subsection 10.03.05 G. 1. and posted as provided for in subsection 10.03.05 G. 3. The Planninq Commission shall make a recommendation to the Board of County Commissioners based upon the criteria provided in subsection 10.03.05 G. 8. There shall be a public hearinq before the BCC" legally noticed and advertised pursuant to section 10.03.05.G. If approved by the BCC, such approval shall be by resolution. c. Once a Mixed Use Project has been approved by the BCC, the applicant shall submit a site development plan (SDP), based on the conceptual site plan approved by the BCC and meeting the requirements of section 10.02.03 B.1. of 131 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. nmt stril:ethrsl:LgR is 6I:LFreHt te,:t 113 88 aeletes. Bold text indicates a defined term this Code, to the Community Development and Environmental Services Division within six months of the date of approval. This SDP must be determined as sufficient and accepted for review by the Division within 30 days of submittal. After the SDP has been approved, the approved project shall be identified on the Collier County official zoning atlas map, using the map notation MUP. If a MUP approval expires, as set forth below, the map notation shall be removed from the official zoning atlas map. The burden is on the applicant to submit an SDP application in a timely manner, to be responsive to the County's SDP review comments, and to commence construction in a timely manner after SDP approval has been granted. d. MUP approval shall expire and any residential density bonus units shall be null and void and returned to the bonus density pool if any of the following occur: i. The SDP is not submitted within six months of MUP approval by the BCC. ii. The SDP is not deemed sufficient for review within 30 days of submittal. iii. The SDP under review is deemed withdrawn and cancelled, pursuant to section 10.02.03.B.4.a. iv. The SDP is considered no longer valid, pursuant to section 10.02.03.B.4.b. and c. e. Once a property owner, through a MUP approval, elects to develop or redevelop a mixed use project under Neighborhood Commercial (NC) or Waterfront (W) Subdistricts, then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlying zoning district. . . . . . . . . . . . . 10.03.05 Notice Requirements for Public Hearings By the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board. . . . . . . . . . . . . G. Notice and public hearing requirements where proposed resolution by the board of county commissioners would approve a mixed use project (MUP) located in a mixed use district overlay. In cases in which the applicant requests approval of a mixed use project (MUP) under the provisions of a mixed use district overlay, 132 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tellt s1fil:etHfElHgh is GHFreHt tent 18 Be sslstsa. Bold text indicates a detined term with or without requested allocation of bonus density units, where applicable, the mixed use project shall be considered for approval pursuant to the following public notice and hearing requirements by the board of county commissioners. 1. The plannino commission shall hold one advertised public hearino. Notice of the time and place of the public hearino by the plannino commission shall be advertised in a newspaper of oeneral circulation in the county at least one time at least 15 days prior to the date of the public hearino. -'k 2. The board of county commissioners shall hold one advertised public hearing. The public hearing shall be held at least 15 days after the day that an advertisement is published in a newspaper of general paid circulation in the county and of general interest and readership in the community. b 3. Applicants reouestino a MUP approval must conduct A2t least one Neighborhood Informational Meeting (NIM) shall be conSl,lSle8 by the Ql3l3lisanl (in conjunction with the overlay area advisory board, where such advisory board exists) after initial staff review and comment on the application and before the public hearing by the sears of counly commissioners plan nino commission. Written notice of the meeting shall be sent by applicant to all property owners who are required to receive legal notification from the County pursuant to sections 10.03.05 B.8 and 10.03.05 B.9. A Collier County staff planner, or designee, must also attend the neighborhood informational meeting: however, the applicant is required to make the presentation on the development plan of the subject property. ~ 4. The applicant shall further cause a display advertisement, one-fourth page, in type no smaller than 12 point: which shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The ad shall be published no later than 7 days prior to the date of the neighborhood informational meeting. The ad shall state the purpose, location, and time of meeting, and shall display a legible site location map of the property for which the mixed use project approval is being requested. 4, 5. The applicant shall post the subject property with an outdoor sign at least ten days prior to the date of the public hearing before the BGG plannino commission. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign: a. PUBLIC HEARING REQUESTING APPROVAL OF A MIXED USE PROJECT TO PERMIT: (Name of Project) (Number of acres) 133 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t strilmtluBHgH is SllFrIi!Ht lel:t te BIi! seletes. Bold text indicates a defined term DATE: TIME: ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FL 34112. 9, Z. The area of the sign shall be as provided in section 10.03.05 B.3.d. of this Code. 1-, 8. Criteria for Mixed Use Project Approval The following criteria must be met in order to gain approval for mixed use projects developed in accordance with provisions of a mixed use overlay. a. No less lhan sixty percent of all commercial uses within a mixed use project shall provide retail, office and personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. b. No more than 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to the construction of commercial uses so as to insure actual development of a mixed use project. c. Mixed use projects shall connect to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid pattern is usually the basis for the transportation network. Whatever the pattern of the vehicular network, internal interconnections between uses and exlernal connections between adjoining neighborhoods and land uses shall be provided for pedestrian, bicycle and other modes of alternate transportation. d. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. e. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required offstreet parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; however, commercial uses only shall be 134 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stril:e1hr8l:1gB is 6llFreHt tent 18 88 seletea. Bold tex1 indicates a defined term permitted on the ground floor. This requirement shall not apply to individual parcels less than 5 acres in size. f. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01 B. of this Code. This requirement shall not apply to individual parcels less lhan 5 acres in size. 135 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel.t stril:etkrel:lgB is €llrreHt te;:t te 88 deletes. Bold text indicates a defined term This page intentionally left blank. 136 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stri1:ethrswgk is surreR! te;:t te se 8ele188. Bold 1ext indicates a defined term LDC Amendment Request ORIGIN: Zoning & Land Development Review AUTHOR: Catherine Fabacher DEPARTMENT: CDES AMENDMENT CYCLE: Cycle 1, 2007 LDC PAGE: LDC2: 11 LDC SECTION(S): 2.03.01 B. Estate District CHANGE: Change citation. REASON: Change was not made during re-codification. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS; 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Created on March 10,2007. Amend the LDC as follows: 2.03.00 ZONING DISTRICTS 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: 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural districl "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife 137 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Ttmt !itFiI:81Rf8HgH is el:lFfeRt lent te 88 seletes. Bold text indicates a defined term resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP or as provided under the Golden Gate Master Plan. 1. Minimum yard Requirements. See tile subsection 4.02.01 A. Table 2.1 iH Chapter 2.07.00 for the general requirements. The following are exceptions to those requirements: a. Conforming Corner lots. Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street. the setback along the longer lot line may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) * * * * * * * * * * * * 138 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t stril:elHreHgh is SYFfSHt tent te Be aeleles. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Sue Trone, PlannerlDavid Weeks, AlCP, Planning Manager DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC2:31 LDC SECTION(S): 2.03.07 Overlay Zoning Districts D. Special Treatment Overlay "ST" CHANGE: Removing hotel/motel density in the RT zoning district from the Transfer of Development Rights (TDR) provision. REASON: Section 2.03.07 D 4.b.vi.a)v) lists units zoned RT can be used in the TDR program at the hotel/motel level of density (26 units). However, the TDR program is intended to engage in the transfer of residential credits only; therefore the higher hotel/motel density reference is being deleted. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. The Densily Raling System in the Future Land Use Element also only refers to residential units. OTHER NOTESNERSION DATE: Created March 7, 2007 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts . * . . . . . . . . . D. Special Treatment Overlay "ST" . . . * . . . . . . . 4. Transfer of development Rights (TDR). . . . . . . . . * . . b. Transfer of development rights from urban areas to urban areas. An owner of land located within areas designated as urban on the Future Land Use Map, including agriculturally zoned properties, which mayor may not be identified with the ST overlay, may elect to transfer some or all of the residential development rights from one parcel of land to another parcel, as an alternative to the 139 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TelLt :tFiI:etkr8l:1gB is SWFfIi!Ht tent 18 88 seletes. Bold text indicates a defined term development of the sending lands. The lands to which the development rights are to be transferred shall be referred to as receiving lands and those lands from which development rights are transferred shall be referred to as sending lands, as provided herein and shall be located within the urban designated areas of the county. . . . . . . . . . . . vi. Maximum number of residential units which eligible lands may receive. a) Lands in all residential zoning districts and residential components of planned unit development zoning districts are eligible to receive residenlial development units provided that the maximum number of residential units which may be transferred to the receiving land does not exceed ten percent of lhe maximum number of residential units permitted under the receiving property's basic zoning district. For the purpose of determining the number of residential units which a parcel of land is capable of receiving, the following formulas shall apply: i) RSF-1 through RSF-5 districts, up to and including five units per acre: Units per base density x 10% = .1 to .5 units per acre Ii) RMF-6 district, up to and including six units per acre: 6 units x 10% = 0.6 units per acre iii) RMF-12 district, seven to and including 12 units per acre: 12 units x 10% = 1.20 units per acre iv) RMF-16 district: 16 units x 5% = 0.80 units per acre v) RT dislrict: 16 units x 5% = 0.80 units per acre 2€l unils v 5% - 1.dO unils por acre vi) PUD district: Residential tract units x 5% = permitted units per acre 140 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stril:etlirsHgh i" GI:IFreHt lent t8 he seletea. Bold text indicates a defined term LDC Amendment Request ORIGIN: COES AUTHOR: Joe Thompson, Planner DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LOC 2:36 LDC SECTION(S): 2.03.07 Overlay Zoning Districts CHANGE: Change requirement for title opinion to gap affidavit requirement for TOR severance applications. REASON: Updated title opinions (in place ofa gap affidavit) are resulting in extra work and expense on the behalf TOR severance applicants; addilionally, the gap affidavit requirement will streamline the legal review and TOR easement recordation/credit Issuance. FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: N/ A GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTESNERSION DATE: created 11/6/06 - revised on 1/10/07 - reformatted on 2/07/07 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts . . . . . . . . . . . . D. Special Treatment Overlay "ST" . . . . . . . . . . . . 4. Transfer of development rights . . . . . . . . . . . . f. Procedures applicable to lhe transfer of TDR credits 141 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to he added. TeJ:t strilmtarsHga is 6HFF"tlflt h~l~t t8 se seleles. Bold text indicates a defined term from RFMU sending lands. i. General. The transfer of TDR credits from RFMU sending lands does not require the approval of the County. However, those developments that utilize such TDR credits are subjecl to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRls. ii. County-maintained central TDR registry. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry of all TDR credit purchases, sales, and transfers, as well as a central listing of TDR credits available for sale and purchasers seeking TOR credits. No TDR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. a) TDR credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU receiving lands until severed from RFMU sending lands. TDR credits shall be deemed to be severed from RFMU sending lands at such time as a TDR credit Certificate is obtained from the County and recorded. TDR credit Certificates shall be issued only by the County and upon submission of the following: i) a legal description of the property from which the RFMU TDR credits originated. including the total acreage; ii) Q titlo search, or olhor ovidenco Eufficienl 10 OElQblich a title opinion establishino that, prior to the severance of the TDR credits from RFMU sending lands. such sending lands were not subject to a conservation restriction or any other development restriction that prohibiled residential development; iii) an affidavit. sioned by the owner, statino that the property was not subiect to a conservation restriction or any other development restriction 142 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stril;:ethr8l:1gB is 6WFfeHt tent t8 8e selsts8. Bold text indicates a defined term that prohibited residential development durino the period between the effective date of the title opinion and limitation of development riohts aoreement recordation: ill iv) a legal instrument, prepared in accord wilh the form provided by the County, that limits the allowable uses on the property after the severance of TDR credits as sel forth in section 2.03.08 A.4.b.; aM iv y) a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU sending lands from which the TDR credits were generated and that the value of any such remuneration is at least $25,000 per TDR credit, unless such owner retains ownership of the TDR credits after they are severed, unless the RFMU or non-RFMU receiving lands on which the TDR credits will be utilized and the RFMU sending lands from which the TDR credits were generated are owned by the same persons or entities or affiliated persons or entities; and v vi) a statement attesting that the TOR credits are not being severed from RFMU sending lands in violation of section 2.03.07(D)(4)(c)(iv)(b) of this Code. vi vii) documented evidence that, if the property from which TDRs are being severed is subject to a mortgage, lien, or any other security interest; the mortgagee, lien holder, or holder of the security interest has consented to the conservation easement required for TDR severance. 143 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Terit stril:etRrsHgR is Sl:lITeRt h!lJ te Be seletes. Bold text indicates a defined term This page intentionally left blank. 144 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/2812007 Text underlined is new text to be added. Te]~t striketaTsllgh is eHffBRt tel:t te se seleles. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Joe Thompson, Planner DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 1, 2007 LDC PAGE: 2:34 LDC SECTION(S): 2.03.07 D.4.c. ii a) 3) CHANGE: Recognition of the firsl instrument for the establishment of financial assurance in relation to privately implemented TDR restoration and maintenance plans (RMPs) REASON: The BCC approved a letter of credit (on 11/28/06 - item 16A1) that was designed to provide the county financial assurance with respect to the implementation of a private TDR Restoration and Management Plan (RMP). FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: 2.03.08 GROWTH MANAGEMENT PLAN IMPACT: N/A OTHER NOTES/VERSION DATE: created 1110/07, reformatted 2/08/07 Amend the LDC as follows: 2.03.07 Overlay Zoning Districts . . . . . . . . . . . D. Special Treatment Overlay "ST". . . . . . . . . . 4. Transfer of Development Rights (TDR). . . . . . . . . . . . c. TDR credits from RFMU sending lands: General Provisions i. Creation of TDR credits. a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that 145 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeJ.t stril:etar81:lga is 6HFf6Flt tel~t le Be 88leles. Bold text indicates a defined term were in existence as of June 22, 1999, at a rate of 1 TDR credit per legal non- conforming lot or parcel. b) For lots and parcels 5 acres or larger, the number of TDR credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TDR credits generated. Where the number of TDR credits thus calculated is a fractional number, the number of TDR credits created shall be rounded to the nearest 1/1 OOth. ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be generated from RFMU sending land property from which TDR credils have been severed. The three types TDR Bonus credits are as follows: a) Environmental Restoration and Maintenance Bonus cred its. Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each TOR credit severed from that RFMU sending land for which a Restoration and Managemenl Plan (RMP) has been accepted by the County. In order to be accepted, a RMP shall satisfy the following: 1) The RMP shall include a listed species management plan. 2) The RMP shall comply with the criteria set forth in 3.05.08.A. and B. 3) The RMP shall provide financial assurance, in the form of a letter of credit performance sl,lrety bond or similar-financial security, establishino that the RMP shall remain in place and be performed, until the earlier of the following occurs: * * * * * * * * * * * * 146 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tli!l:t stFil:stHrsLigk is eHrreHt hmt t8 se seletea. Bold texl indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Staff DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDCl:17 LDC SECTION(S): 1.08.02 Definitions CHANGE: Change Bayshore Drive to Bayshore Way. REASON: There is no Bayshore Drive in Goodland. It is called Bayshore Way. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Created February 23, 2007. Amend the LDC as follows: J. Goodland Zoning Oyerlay "GZO". To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. The boundaries of the Goodland Zoning Overlay district are delineated on Map 1 below. GRAPHIC LINK: Click here 1. Permitted uses. The following uses are permitted as of right in this subdistrict: Reserved. 147 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel~t stril:etarsHgH is eHFfeRt te)(t ts 88 ssletea. Bold text indicates a defined term 2. Conditional uses. The following uses are permitted as conditional uses in this subdistrict: a. Clam nursery, subject to the following restrictions: 1) A "clam nursery" is defined as the growing of clams on a "raceway" or "flow-through saltwater system" on the shore of a lot until the clam reaches a size of approximately one- half inch. 2) For the purposes of this section, a "raceway" or "flow- through salt water system" is defined as a piece of plywood or similar material fashioned as a table-like flow through system designed to facilitate the growth of clams. 3) At no time may a nursery owner operate a raceway or raceways that exceed a total of 800 square feet of surface area. 4) The nursery must meet the requirements of a "minimal impact aquaculture facility" as defined by the Department of Agriculture. 5) The nursery must not be operated on a vacant lot, unless both of the following requirements are met: i. The vacant lot is owned by the same individual who owns a lot with a residence or habitable structure immediately adjacent to lhe vacant lot; and ii. The vacant lot must not be leased to another individual for purposes of operating a clam farm within the RSF-4 and VR zoning districts. 6) At no time will a nursery owner be allowed to feed the clams. as the clams will be sustained from nutrients occurring naturally in the water. 7) Only the property owner or individual in control of the property will be allowed to operate a raceway on the shore off his property within the VR and RSF-4 zoning districts. In other words, a landowner must not lease his property to another individual to use for purposes of operating a clam nursery. 8) Any pump or filtration system used in conjunction with the nursery must meet all applicable County noise ordinances and must not be more obtrusive than the average system used for a non-commercial pool or shrimp tank 3. Parking/storage of major recreational equipment, personal vehicles, and certain commercial vehicles. a. Within the VR and RSF-4 zoning districts, except for specifically designated travel trailer subdivisions, boats, trailers, 148 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new lext to be added. Te,:t stril:etlmmgk is 611FfeHt hmt te Be s8letes. Bold text indicates a defined term recreational vehicles and other recreational equipment may be stored in any yard subject to the following conditions. 1) Recreational equipment must not be used for living, sleeping, or housekeeping purposes when parked or stored. 2) Recreational vehicles or equipment must not exceed 35 feet in length. 3) Recreational vehicles or equipment must not be parked, stored or encroach in any county right-of-way easement. 4) Recreational vehicles or equipment that exceed 35 feet in length will be subject to the provisions of section 5.03.06 of this Code. b. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning districts subject to the following conditions. 1) No vehicle shall block or impede traffic. c. Commercial vehicles 35 feet in length or less will be allowed to park al the owner's home and in the drainage swale subject to the following conditions: 1) No vehicle shall block or impede traffic; 2) Drainage must not be blocked or impeded in any way as a result of the parking in the swales; 3) Parking will only be permitted in driveways and not in yard areas; and 4) No more than two commercial vehicles may be parked at one residence/site, unless one or more of the vehicles is engaged in a construction or service operation on the residence/site where it is parked. The vehicle engaged in this service must be removed as soon as the construction or service is completed. For purposes of this subsection only, a commercial vehicle is defined as a van, pickup truck, or passenger car used for commercial purposes and licensed by the Department of Transportation. A vehicle is not considered a commercial vehicle merely by the display of a business name or other insignia. No other commercial vehicle, such as dump trucks, cement trucks, forklifts or other equipment used in the construction industry will be allowed to park at a residence or site overnight unless specifically approved by the County Manager or his designee. 4. Storage Sheds. Parcels located off of Bayshore QfWe Way are allowed to retain any sheds that were constructed prior to October 17, 2003. Storage sheds for fishing and boat equipment on the boat dock parcels off of Bayshore QfWe Way constructed after October 17, 2003 are permissible if 149 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text 10 be added. Tel:t striketafElHgl:1 is SHFfE!Ht teilt te se seletea. Bold lext indicates a defined term they comply with the following requirements: a. The appropriate building permit must be obtained. b. Bayshore drive setback: ten feet. c. Waterfront setback: ten feet. d. Side yard setback: 0 feet. e. Maximum size of shed: 144 square feet. 5. Sign requirements. All signs existing as of October 17, 2003 in Goodland are exempt from the requirements of the Collier County sign ordinance (section 5.06.00) for five years from October 17, 2003 or until the sign is destroyed, whichever comes first. Any signs constructed after October 17, 2003 must strictly comply with section 5.06.00. Sign maintenance is limited to painting existing signs. All other maintenance or repairs will void the exemption and require the owner to construct a sign that strictly adheres to section 5.06.00 in the event that the owner wishes to have a sign. * * * * * * * * * * * * 150 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent striltetaFElHga is eHrr.eHt teU 18 ee ssl8tes. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Catherine Fabacher, Principal Planner LDC DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC2:53 LDC SECTION(S): 2.03.07 Overlay Zoning Districts CHANGE: Add a reference to the Design Standards for Development Activity in the Activity Center #9. REASON: The design standards are not referenced in 2.03.07 K. which describes Aclivity Center #9 overlay. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 4.02.23 Same - Development in Activity Center #9 District GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Created March 15,2007. Amend the LDC as follows: 2.03.07 Overlay Zoning Districts . . . . . . . . . . . . K. Activity Center #9 Overlay. The purpose of this designation is to create an enhanced entryway into the Naples urban area through appropriate, unified design elements and standards; the implementation of which will result in an attractive, positive image as outlined in the vision statement of the Activity Center #9 Interchange Master Plan. These regulations and the desion standards located in section 4.02.23 apply to the following properties within Activity Center #9 as identified in the Interchange Master Plan Land Use Map: 1. All buildings and projects that are subject to the requirements of section 5.05.08 of this LDC. 2. Nonresidential land uses abutting any public street except industrial buildings internal 10 industrial PUD zoned project, that are located no less than 200 feet from the public street. 151 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeJ.t stril:Btar811gB if; GI:IFr8Rt te;:t ts se seletes. Bold text indicates a defined term This page intentionally left blank. 152 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te;:t stFiI:etRrsugJ:J is eHFfI:!Ht tel:t te ae seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: Fabacher DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC2:64 LDC SECTION(S): 2.03.08 CHANGE: Cross reference to the North Belle Mead Overlay was incorrectly cited. Cross reference changed to correct citation. REASON: Correct typographical error within the Land Development Code. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Created on Jan. 24, 2007. Amend the LDC as follows: 2.03.08 Rural Fringe Zoning Districts * * * * * * * * * * * * A. Rural Fringe Mixed Use District (RFMU District) * * * * * * * * * * * * 2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU district that have been identified as being most appropriate for development and 10 which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally 153 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/2812007 Text underlined is new text to be added. Te,.t slrilletarBHgR is eUluRt tel:t 18 88 seletes. Bold text indicates a defined term have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in subsection 2.03.08 A.1. above, or as more specifically provided in an applicable PUD. a. Outside rural villages. (1) NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands are only subject to the provisions of section 2.03.08 g C. (2) Maximum density. (a) Base density. The base residential density allowable within RFMU receiving lands, exclusive of the applicable density blending provisions set forth in section 2.05.02, is one (1) unit per five (5) gross acres (0.2 dwelling units per acre) or, for those legal nonconforming lots or parcels in existence as of June 22, 1999, one (1) unit per lot or parcel. . . . . . . . . . . . . 154 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent slril:ethreHgH is €HR"eHt tent te Be seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Sue Trone, Planner/David Weeks, AICP, Planning Manager DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: 2:123 LDC SECTlON(S): 2.05.01 CHANGE: Correcting mislakes, adding omissions, and clarifying information in the Density Standards Table and its foolnotes. REASON: The Density Standards Table has some errors as well as empty cells, and omissions of zoning overlays, which can cause confusion to readers. Corrections involve numbers in superscript (also noted with underlines and slrikethroughs though hard to see in superscript). FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created March 8, 2007. Edited August 17,2007. Amend the LDC as follows: 2.05.01 Density Standards and Housing Types A. Where residential uses are allowable, the following density standards and housing type criteria shall apply. 155 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/2812007 Tcxt underlined is new text to be added. TeJ:t stril~et.lu8l:lgh is Eillfflaal te;:t te Be seletes. Bold text indicates a defined term " Housing ~ ::u 0 '- ;: 2 Type: ~ " ~ S:@ "" Maximum Density- .~ ~ ~ ~ Zoning ~ ~ :ij :ij - ~ ~ p ~ ~ ~ t:i (units per gross acre) " ~ - " .;:: ~ District: ~ ~ -" -" -" ,,~ -" "-" } ~ " :0 "i; ~ " ~ b~ " ~ G ~ " :!l , " ~ ;'2 '" u~ f:: o ~ '" '" - GC Two A ,( S ,( ~~0.2 (1 unit ner 5 acres) E ,( ,( 112 111 aSFIi!B 0.44 (J unit ocr 2.25 acres) RSF-I ,( ,/ ,/ I~ RSF-2 ,/ ,/ ,/ 2~ RSF-3 ,( ,( ,( 3~ RSF-4 ,( ,( ,( 4~ RSF-j ,( ,( ,( 5~ RSF-6 ,/ ,/ ,/ 6~ RMF-6 ,( ,/ ,/ ,( ,( ,( DI'~ HJ'l te 6.,<g,a,- - RMF-12 S ,( ,( .I DRS l:lf:ltEl 12~ - RMF-16 ,/ ,/ DR~ 1IJ'l t8 16~ RT ~ 26 RT ~~ ,( ,( ,/ 161aer!:! ill:1iR aElli it) - eeftlef RT ~ ,/ ,/ ,/ DRS HJ'lt016~ 14 ,( ,( ,( DRS Ht'llEl 7.26~ VR VR..12 ,( ,( DPS lip tEl 8.7Jfg.a.-- VR 16 ,/ ,( DRS lip to 14.52~ MHJ.6 ,( One -,/- IJPEllJ'llEl 7.26~ TTRVC One ,/ J 2 fa.ere- C_17 One 16 C-2~ One Ui C-3~ One Ui C-4 One C-j One I One 156 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new lexl 10 be added. n!l:t strik~tHreHgh is ellFfeRt tent t8 be sel61ea. Bold text indicates a defined term BP One ~ ,/ 0.2 (J unit ner 5 acres) CON~ 1'3 aeres 8ig C:;flress 9,33 (J unit oer 3 acres) Bill Cvoress 8 BMU02 S .s. .s. s 12_ GTMU02 :> .s. :> :> 12 R-l ,/ ,/ ,/ ,/ R-2 ,/ ,/ ,/ ,/ OW Per underlying zoning district VB-RT ,/ ,/ I OOOCCO Per underlying zoning district II RFMU'O I .t 0.025 (J unit ner 40 acres) - - II RFMU11 ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ 0.2 (] unit ner 5 acres) - ~ ~ - - - - ~ II RFMU12 ,f ,/ ,/ .I ,/ ,/ ,/ .I ,/ 0.2 (1 unit ner 5 acres) - - - - ~ ~ - ~ - MHO .t 0.2 (] unit oer 5 acres) Legend: S = permitted subject 10 supplemental standards g.a. - gross acre [):;;f'~ - eensity rating system 1 Recreational vehicles include travel trailers. park models. pickup coaches, and motor homes. :! In the MH district. fReeular ROfReS are allo''valJle. 2 Densitv is calculated as the number of residential dwellina unils oer aross acre (see definition of densitv. residential). Generally. in all zonina districts exceot for A. E and CON. this indicates the maximum allowable densitv. includina any aoolicable density bonuses Der the densitv ratina system in the arowth manaaement olan. Densitv may be restricted by the board of county commissioners at the time of rezonina to somelhina less than the maximum. as indicated oarenthetically on the official zonina atlas maos. For examole. "RMF-6(4)" allows all uses and develooment standards of the RMF-6 zonina district but densitv is limited to 4 dwellina units oer acre. ;1 A maximum of twenty-six (26) units oer acre are allowed for hotels and motels. 157 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to he added. TeJ':t stFiI:etarslIgh is 6liFfeRt tel:l '8 BE! sel81es. Bold text indicates a defined term ~ A ffiaxim~m sf twenty six (2€l) units fler asre lor hotels aml motels, aml sixteen (1 €l) units fler aore for timesAares and mullilamily uses 'NAen lesatea within an astivity senler er if tAS RT zoning was in existense al tAS lime of aasfltisn sf this LDC. "'or WOflorties looaled s~tsiae an aslivily Genter or if tAe RT zenin~ was nsl in exislense al the time of aaofltien sf lhis LDC, density shall Be aeterminea tAreu~A aflfllisalisn sf tAe density ralin~ systeffi. up to a maxim~m of sixteen (1€l) units fler asre. The oalGulatisn of density shall be bawd on the land area aefinea Bya lot(s) of reoerd. ~ 4 For RT zoninq located inside Activilv Centers as desiqnated on the Growth Manaqement Plan's Fulure Land Use Map. residential units lincludinq those for timeshares and multifamilv uses) are allowed at a maximum of sixteen (16) units Der acre. Similarlv for RT zoninq not located wilhin Activitv Centers but in existence at lhe time of adoption of the LDC (October 30. 1991). residential units are allowed at a maximum of sixteen (16) units per acre. 4-5 For RT zoninq not located within Activitv Centers and not in existence at the time of adoption of this LDC. October 30. 1991. allowed densitv is per lhe density ratinq system UP to sixteen (16) units per acre. The calculation of density shall be based on the land area defined bv a lolls) of record. a-6 In the MH dislricl. modular homes are allowable. 7 Properties zoned C-1 throuqh C-3 may have associated residential densities in instances of mixed-use development pursuant to the Future Land Use Element of the Growth Manaqement Plan. 6-8 The densitv of 1 dwellinq unit per 3 qross acres only applies to private in-holdinqs within the Biq Cypress National Preserve that were in existence prior to October 14. 1974. 9 Maximum allowable density in the BMUD and GTMUD overlays is attained throuqh the Mixed Use Proiect (MUP) Approval Process pursuant to the requlations in the Overlavs. 10 One unit per 40 acres is the maximum density permitted in RFMU Sendinq Lands (see section 2.03.08). 11 One unit per 5 acres is lhe maximum density Dermitted in RFMU Neutral Lands (see section 2.03.08\. 12 One unit per acre is the maximum density permitted in RFMU Receivinq Lands located outside of a Rural Villaqe with redemption of Transfer of Development Riqhts (TDR) credits; 0.2 units per acre is the maximum densilv permitted in RFMU Receivinq Lands without redemption of TDR credits: 3 units per acre is the maximum density per acre in RFMU Receivinq Lands located within a Rural Villaqe with the redemption of TDR credits (see section 2.03.08\. 13 On Iv if Mobile Home Overlav exists. 14 Densitv for sinqle-familv and mobile home. with or without clusterinq. 15 Densitv for duplex. with or without c1usterinq. 16 Densilv for multi-familv. with or withoul clusterinq. 158 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeTit stFi];etflre~gh is eurreRt tel:t te se aeletea. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist William D. Lorenz, P.E., Director DEPARTMENT: Environmental Services Department AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC3:8 LDC SECTION(S): 3.03.02 CHANGE: Delete reference to the Coastal Zone Management Plan from the LDC. REASON: In June 1993 the BCC adopted various amendments incorporating selective recommendations of the Coastal Management Plan that were previously brought to the BCC. The reference to the plan in the LDC is outdated and needs to be deleted. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created February 13,2007 Amend the LDC as follows: 3.03.02 Applicability A. New and existing development in the coastal zone shall be in compliance with the goals, objectives, and policies of the conservation and Coastal Management Element (CCME) of the Collier County GMP and with this LDC until the formal adoption by the County of all land development regulations, ordinances, policies, and programs whioh implofl1onllho soastal zone Mana!:jomont Plan 1991, as adopted by the BCC, and as prescribed by the conservation and Coastal Management Element of the Collier County GMP. B. In addition to these coastal zone regulations, all land development activities on shorelines, and/or undeveloped and developed coastal barriers, shall comply with the County's environmental land development regulations, including, but 159 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to he added. Tent striketlu81IgR is SHFfeRt led te se deleted. Bold text indicates a defined term not limited to: section 2.03.07(D)(1), Special Treatmenl Overlay district (ST); procedural requirements in Chapter 10; section 3.05.00, Vegetation Removal, Protection and Preservation; section 3.04.03, sea turtle Prolection; seclion 3.04.00, Endangered, Threatened or Listed Species Protection; Chapter 10, Coastal Construction setback line variance; and as required by Vehicle on the beach Regulations in the County Code of Ordinances. * * * * * * * * * * * * 160 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Terlt stril:8tHrslIgH is 61:1FfE~Bt tel:t t8 bs se18te8. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Environmental Services Departmenl AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC3.44 LDC SECTION(S): 3.05.10 CHANGE: Changing incorrect citation from 5.06.03 to 5.06.00. REASON: Correct citation. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: Created March 1,2007 Amend the LDC as follows: 3.05.10 Littoral Shelf Planting Area (LSPA) . . . . . . . . . . . A. Design requirements. . . . . . . . . . . . 6. Posted area. The boundary of the LSPA shall be posted with appropriate signage denoting the area as a LSPA. sign(s) should note that the posted area is a Littoral Shelf Planting Area and contain specific instructions to ensure that the planted area will not be subjected to herbicidal treatments or other activities that will kill the vegetation. The signs shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and, otherwise 161 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text 10 be added. Tlmt stril:etar8Hgk is elIfJ'SHt terit ts se seletes. Bold text indicates a defined term comply with section 5.06.WOO. A minimum of two signs shall be provided to mark the extent of the LSPA. Maximum sign spacing shall be 150 feet. . . . . . . . . . . 162 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tl!l)~t striketafslIgH is 61IFfeRl tl'lllt t8 88 seleles. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: Bruce McNall DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle I, 2007 LDC PAGE: 4:95 LDC SECTION(S): 4.06.02C.4. CHANGE: Add buffer graphic visually describing LDC required buffers with appropriate notation. REASON: To make buffer requirement more clear FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Created on February 13, 2006. Amend the LDC as follows: C. Table of buffer yards. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. 163 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/2812007 Text underlined is new text to be added. T8Jl~ stri1:etar81Igh is 61IFf6Rl teJ:t t8 se seleles. Bold text indicates a defined term 3. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combinalion thereof and two staggered rows of lrees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of- way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addilion, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative 0: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ullimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at leasl ten feet in width. Where lhe ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity cenler shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. (See FiQure 4.06.05 C.) 164 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tellt stFil:1i!1arsLigR is 6HffeHt lS!lt t8 S8 seletes. Bold text indicates a defined term TYPES OF BUFFERS CODE REQUIRED LANDSCAPE BUFFERS LDC 4.06.02.C.1.-4. 6:0-0-0-03 TYPE 'A' BUFFER ~3 TYPE 'B' BUFFER J TYPE 'C' BUFFER 30'O.C. bOUllLE-ST~DHEl)l;fAOW.#!ISH1Ml.S 24" HmH ATP\..A~"IM1NTAINED AT36' NOTE: . FLEXABIl.IlY IN BUFFER PLANTI'* IS ENCOURA6ED. TREEs & SHRUBS MAY OCCUR ANY WHERE WITHIN BUFfER AS LONG A5 ON CENTER REQUIREMENT IS MET. . BUFFER MAY MEANDER AS!.ONW AS SPECIFIED WIDTH IS MAINTAINED. --~ VAlUES 10'-1"-.20' """"'",.ON ROW WIDTH TYPE 'D' BUFFER _""""""'01'..........._........,.....-. ""'""...ITf-......r.....-.....lEIMClJI"""... Mf(,:JtO'Iou,~1IJI'fIItI#lIll Fiaure 4.06.05 C. 165 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel~t stFi1:l!laF811gR is elIFreHt lel:t ts Be seletes. Bold text indicates a defined term This page intentionally left blank. 166 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stFil:e1HrelIgR is 611Fn!Ht tent ts Be seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services. AUTHOR: Michael Sawyer, Senior Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE: Cycle 1, 2007 LDC PAGE: To be determined LDC SECTION(S): 4.06.05.1, and Chart 4.06.05.1. CHANGE: To include slope cross section A in the steeper than J: I vertical retaining wall references. REASON: The reference was inadvertently not sited when the amendment when created. Both cross-section B and A constitute steeper than I: I slope retaining systems. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: 03-26-2007. Amend the LDC as follows: 4.06.05 General Landscaping Requirements . . . . . . . . . . . . I. Treatment of Slopes: The following landscape and engineering standards shall apply to all landscape areas except for Golf Courses. See: Slope Chart 4.06.05.1. and Slope Cross Sections 4.06.05.1. . . . . . . . . . . . . 167 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text 10 be added. Tlmt strilcetafeugB is SlIfFeHt tE!l:t te se seJelea. Bold text indicates a defined term Slope Chart 4.06.05.1. Slope Ratio Slope Treatment. See a. below. No Steeper Than 4:1 Grass. See Figure 3 below. (4 horizonlallo 1 vertical) Trees. Ground Covers, Ornamental Grasses, and Shrubs. No Steeper Than 3:1 Trees, Ground Covers. Ornamental Grasses. and Shrubs. See Figure 2 below. (3 horizonlal to 1 vertical) . Requires 50% surface coverage al time of inslallation and 80% coverage within 1 year and avoid soil erosion. . Toe of slope shall be set back a minimum of 2 feet from sidewalks and paved surfaces. No Steeper Than 2:1 Rip-rap or other forms of erosion and scour protection. See Figure 1 below. (2 horizontal to 1 vertical) . Permitted only in concentrated. rapid flow water management areas or sloped areas less than 200 square feet with a maximum height of 30 inches. . Slopes shall be stabilized with geo-textile fabric and be planted with ground covers or vines to provide 80% coverage within 1 year. No Steeper Than 1:1 Permanent slope stabilization systems are required on all slopes steeper than 2:1 and no steeper than 1 :1. (1 horizontal to 1 vertical) . Stabilization systems shall require engineered plans signed and sealed by a Professional Engineer. Architect, or Landscape Architect registered in the state of Florida. . Stabilization systems if visible from any road. access, or residence shall be set back from property line a minimum of 2 feet and be landscaped to provide 80% opacity within 1 year. In addition when a system is located within a landscape buffer all buffer planlings shall be located on the high or elevated side in a minimum 5 foot wide planting area with a slope no greater than 10:1. . Stabilization systems shall not exceed 3 feet in height and shall not be located on lake banks or in lake maintenance easements. . Set back requirements from sidewalks or paved surfaces shall be a minimum of 2 feet. Steeper Than 1: 1 Verlical Retaining Walls. See b. c. and d. below. See Also Alternative A & B below. . Walls over 30 inches in height shall require engineered plans signed and sealed by a Professional Engineer. Architect. or Landscape Architect registered in the state of Florida. . Wall shall be architecturally finished or provide a natural appearance. See e. below. . Walls if visible from any road. access, or residence shall be set back from property line a minimum of 2 feet and be landscaped to provide 80% opacity within 1 year. In addition when a wall is located within a landscape buffer all buffer plantings shall be located on the high or elevated side of the wall in a minimum 5 foot wide planting area with a Slope no greater than 10:1. 168 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te;:t stFikethrellga is f:!lIFfeHt tellt te se aeleles. Bold text indicates a dellned term a. Slopes adjacent to required preserve areas shall be planted with 100% Florida native species, shall provide swales to direct water flow away from preserves, and meet set backs as required by section 3.05.07.H.3. of this code. b. Perimeter water management walls shall not exceed 3 feet in height and shall be set back from property lines a minimum of 2 feet. In addition when water management walls are located in landscape buffers the walls shall be consistent with section 4.06.02.0 of this code. All water management walls shall be landscaped to provide 80% opacity within 1 year. See Figure 4 below. c. Water management areas with continuous vertical walls exceeding 20 feet in length and/or open vaults are prohibited. d. Vertical Retaining Wall requirements and standards do not apply to headwalls or bridge abutments. e. Architectural finish requires color, texture, and materials lhat are in common with those used on surrounding structures. Exposed concrete walls are prohibited. Natural appearance requires color, texture, and materials that mimic or occur in nature. . . . . . . . . . . . . 169 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Slope "......"'T'..." ARE'" l~-- Text underlined is new text to be added. Te;:l stril<etlusHgh is SllFFSRt te;:t te Be seletes. Bold text indicates a defined term ,:;;,-1 ~- --r- ~-~='" /'EXI5T1NG ""'''u,,"'' --------- PERIMETER BERM AL TFRNATrVE .. A" """" FACEOF-GAB'ON SHALLSE P'-"NTEOTO ""O".,"E 80'" OPACI1"Y W,-rHIN ONE "EAR. OF FACE'SNOT "......"'TEO. ~~B~'i'~. ~~"'L ~~o~r~A':'~E h, I ~~.,~-I/:~::',," +1 RL--""""'NG...J------ WALL -~~_l r I I TREAn.":NT~_______-- }-------- - - - - 'N~~ ~"'XIS"N" G''''u",O --- - PERIMETER BERM ALTERNATIVE "8" ,. ,-";'""(MAX.l ~~~~ '" w>;v~"","' rPLAt>snow 1/ AREA C ___~- PERIMETER BERM ALTERNATIVF .'S:' $LOPE TREAn"ENT>_------ -- --=-----=:::::------- :~~~'~I .~> rcj ~~^,Lt ~... r ------f---- "". I/e,^"'"" ---f/ AREA '<~ ~J >v~ (MAX,) -----------J ~~~:TE...Em -- ~- ----------==-- PERIMETER BERM ALTERNATIVE "0" 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 170 /EX1STING -L _""OUNO 9/28/2007 Text underlined is new text to be added. TeItt stFi1:etafswgh is ellIT-.E!nt te1it t8 8e sstetes. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Staff DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC5:39 LDC SECTION(S): 5.05.08 Architectural Standards CHANGE: Changing an incorrect citation from 5.05.08 D. 13. to 5.05.08 C. 13. REASON: The governing provision was renumbered; so, to be accurate and guide readers to the right subsection where the information is contained. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTESNERSION DATE: Amend the LDC as follows: 5.05.08 Architectural and Site Design Standards . . . . . . * . . . . . B. Applicability. The provisions of section 5.05.08 apply: . . . * . . * * . . . * 3. To all renovations and redevelopment, including applicable additions of a building or site, as follows, except that "renovation" is not intended to apply to routine repairs and maintenance of an existing building: a. Any addition or renovation of an existing building or project including vehicular use area (i.e. - approved for use and occupancy as of November 10, 2004) that will result in a change to the exterior of the building or site such that in the case of: i. A building facade renovation where such addition, renovation, or redevelopment exceeds 50 percent of the 171 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new lext 10 be added. Tent stril:etarSlIgR is elIrreRt tent 18 se seletes. Bold text indicates a defined term wall area of an existing facade, that entire facade must comply with the standards of Section 5.05.08. ii. An addition or renovation to, or redevelopment of, an existing building or project, where the cost of such addition, renovation, or redevelopment exceeds 50 percent of the assessed value of the existing structure(s), or would exceed 25 percent of the square footage of the gross area of the existing structures, the existing building(s) and the site improvements must conform with the standards of Section 5.05.08. iii. Upon repainting an existing building, the colors to be applied must comply with Section 5.05.08 Q C.13. Materials and colors. * * * * * * * * * * * * 172 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TSll:t stril:etluelIgR is elIFfBRt 181:t te Be s8leles. Bold text indicates a defined term LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana COffipagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle I - 2007 LDC PAGE: 3:43,3:44 LDC SECTION: 5.06.05 Signs Exempt from These Regulations CHANGE: Cross reference littoral shelf planting area (LSPA) SIgnS and preserve signage to sign section ofLDC. REASON: For ease of reference to general public FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 3.05.10 A.6, 3.05.04 G GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSIONDATE: Created 2/7/06 Amend the LDC as follows: 5.06.05 Sign Exempt from these Regulations -In addition to those signs identified elsewhere in this Code, the following signs are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: A. Signs required to be maintained or posted by law or governmental order, rule, or regulation. B. On-premises directional signs, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 5.06.04 C.13. of this Code. 173 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stril:elkmlIgR is el:lFr8Ht te;:t 18 Be ssletes. Bold text indicates a defined term C. One identification sign, professional nameplate, or occupational sign for each professional office, or business establishment not to exceed two square feet in sign area and placed flush against a building face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, the occupant's profession or specialty and/or the street address of the premise. ***************************************************************************** X. Littoral Shelf Plantino Area sions. provided such sions do nol violate section 3.05.10 A.6 of this Code. Y. Preserve Sions. provided such sions do not violate subsection 3.05.04 G of this Code. ************************************************************************ 174 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tellt stFiI:etarSlIgfl is elIFl'eRt teTit te Be seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle I - 2007 LDC PAGE: 5:103 LDC SECTION: 5.06.02 A.I CHANGE: Change reference 10 wrong section in code from Sec. 1.04.04 C 10 1.04.04 B REASON: To make more accurate FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSIONDATE: Created 2/15/07 Amend the LDC as follows: 5.06.02 Permitted Signs A. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. 1. Development standards. a. Maximum allowable height. All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, or as provided within this Code. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimum setback. All signs within residential zoned districts and as applicable to residentially designated portions of PUD zoned properties shall not be located closer than ten feet from the 175 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tl!lr:t str-il:etHrel:lgk if; SI:lFF8Rt tent te 138 s1i!181es. Bold text indicates a defined term property line, unless otherwise noted below or as provided for in section 1.04.04 G !:!. as determined by the county for safety and operation. 176 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Teiit stril:etlusllgB is 61IFftmt '81lt ts Be seleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle 1 - 2007 LDC PAGE: 5:110 LDC SECTION: 5.06.04 C.3.b LDC SUPPLEMENT #: CHANGE: Change reference to wrong section in code from Sec. 1.04.04 C to 1.04.04 B REASON: To make more accurate FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSIONDA TE: Created 2/15/07 Amend the LDC as follows: 5.06.04 Sign Standards for Specific Situations . . . . . . . . . . . . C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all non residentially zoned districts subject to the restrictions below . . . . . . . . . . . . 3. Directory Signs. Multiple-occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and 177 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te)(t stril:ethr81IgR is elIrreRt tei:t ts Be seleles. Bold text indicates a defined term logo of lhe complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 G.B. c. Maximum allowable sign area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around the base of any Directory sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the Counly consistent wilh Section 4.06.03 A. of the LDC. e. The location of all permanent directory signs shall be shown on the landscape plans as required by section 4.06.05. . . . . . . . . . . . . 178 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te1it stFiI:8tlu81IgR is SI:lR'8Ht hlJ:t te Be seJe1es. Bold text indicates a defined term LDC Amendment Request ORIGIN: Building Review & Permitting AUTHOR: Diana Compagnone DEPARTMENT: Building Review & Permitting AMENDMENT CYCLE # OR DATE: Cycle I - 2007 LDC PAGE: 5:115 LDC SECTION: 5.04.06 C.14.a.i CHANGE: Change reference to wrong section in code from Sec. 5.06.04 A to 5.06.04 REASON: To make more accurate FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None OTHERNOTESNERSIONDATE:created on 2/1/07, rev. 8/13/07 Amend the LDC as follows: 5.06.04 Sign Standards for Specific Situations ***************************************************************************** C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all non- residentially zoned districts subject to the restrictions below: ************************************************************************ 14. On-premise signs within agricultural districts in the rural agricultural area designated on the future land use map of the growth management plan. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and 179 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent Strilf8tlU81IgR is SlIFreHt tel:t 18 Be aeletes. Bold text indicates a defined term subject to the following restrictions: a. One pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted agricultural uses. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet with a maximum height of 20 feet, and shall be located a minimum of 15 feet from any property lines, public or private right-of-way or easement. i. On premise signs within agricultural zoned districts in the urban area shall comply with the requirements of section 5.06.04 -A-. of the Land E1evelopment Development Code. . . . . . . . . . . . . 180 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stril:etkr8lo1gh is SIJFfeBt tent te 8e aeletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: C. Fabacher DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1, 2007 LDC PAGE: LDClO:14 LDC SECTION(S): 10.02.02 Submittal Requirements for All Applications CHANGE: Correct inaccurate reference. REASON: The provision currently references Article 6 as the location of the definition of Minor Subdivision. In the current code definitions are located in section 1.08.02. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTESIVERSION DATE: Created AprilS, 2007. Amend the LDC as follows: 10.02.02 Submittal Requirements for All Applications . . . . . . . . . . . . B. Subdivision exemptions. Before any property or development proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or his designee. After a determination of completeness, the County Manager or his designee shall approve, approve with condilions or disapprove the request for exemption based on the terms of the applicable exemplions. To the extent indicated, the following shall be exempt from the applicability of this section. 1. Active agricultural uses. Agriculturally related development as identified in the permitted and accessory uses allowed in the rural agricultural district A and located within any area designated as agricultural on the future land use map of the Collier County growth management plan and the Collier County official zoning atlas, excepl single-family dwellings and farm labor housing subject to sections 2.04.00 and 5.05.03, shall be exempt from the requirements and procedures for preliminary subdivision plats and improvements plans; provided, however, nothing contained herein shall exempt such active agricultural uses from the requirements and procedures for final subdivision plats, and 181 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te;:l stril:etarBwgf is elIFfeHt te,',t te se seletes. Bold text indicates a defined term where required subdivision improvements are contemplated, the posting of subdivision performance security. 2. Minor subdivisions for single-family detached and duplex residential development. A minor subdivision, as defined in artisle e section 1.08.02, for single-family detached and duplex residential development shall be exempt from the requiremenls and procedures for preliminary subdivision plats; provided, however, nothing contained herein shall exempt such minor subdivision from the requirements and procedures for improvement plans and final subdivision plats, and where required subdivision improvements are contemplated, the posting of subdivision performance security. No building permits shall be issued prior to recordation of the final subdivision plat. 3. Minor subdivisions for multifamily residential and nonresidential development. A minor subdivision, as defined in artiste e section 1.08.02, for multiple-family residential development and all nonresidential development shall be exempt from the requirements and procedures for preliminary subdivision plats and improvement plans; provided, however, nothing contained herein shall exempt such minor subdivision from the requirements and procedures for design requirements for access under the Collier County Construction Standards Manual, water management plans under the Collier County Construction Standards Manual, final subdivision plats under sections 10.02.04 and 10.02.05, and site development plans under section 10.02.03, and where required subdivision improvements are contemplated, the posting of subdivision performance security. No building permits shall be issued prior to recordation of the final subdivision plat. 4. Integrated phased developments. An integrated phased development, as defined in section 1.08.00 1.08.02 and which has been previously approved in accordance with section 10.02.04 A.5., shall be exempt from the requirements, standards and procedures for preliminary subdivision plats (section 10.02.04) and improvement plans (section 10.02.05 E.); provided, however, nothing contained herein shall exempt such integrated phased development from the requirements and procedures for design requirements for access according to lhe Collier County Construction Standards Manual. water management plans according to the Collier County Construction Standards Manual, final subdivision plats and subdivision performance security under sections 10.02.04 and 10.02.05, and major site development plans under section 10.02.03. No building permits shall be issued prior to recordation of the final subdivision plat. These provisions shall not require that the interior access within an integrated phased development be different from the conditions in section 10.02.03 applicable to site development plans. 182 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t stfil:etlu811ga is 61IFfeAl tel:t te se aeleles. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDCIO:38 LDC SECTION(S): 10.02.03 CHANGE: Update and correct state and federal agency names referenced in section 10.02.03 LDC. REASON: Correct state and federal agency names referenced in LDC. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created March], 2007 Amend the LDC as follows: 10.02.03 Submittal Requirements for Site Development Plans * * * * * * * * * * * * B. Final Site development plan procedure and requirements A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeling may be waived by the County Manager or his designee upon lhe request of the applicant 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: . . . . . . . . . . d. Vegetation inventory: A generalized vegetation inventory of the 183 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stFi1:etarsHga is SllffeHt tent t8 8e aeletes. Bold text indicates a defined term property shall be required to the extent necessary, as determined at the pre-application meeting, indicating the approximate location, densities and species of the following: . . . . . * . . . . iii. Projects containing the following shall provide a survey of identifying species and locations on a current aerial photograph at a scale of one inch equals 200 feet or larger or superimposed on the site plan: . . . . . . . . . (c) State or federal rare, threatened or endangered plant species surveyed according to accepted Florida GaR'le and Freshwater Fish Commissil3R Florida Fish and Wildlife Conservation Commission or U.S. Fish and Wildlife Service methods. . * . . . . . . 184 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to he added. Tel,t stFi.l:ethr81IgR is eUFf8Rt te;:l ta l3e sel8tes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Marlene Serrano / Sharon Dantini / Michelle Arnold DEPARTMENT: Code Enforcement AMENDMENT CYCLE: Cycle I, 2007 LDC PAGE: LDC 10:98.2 LDC SECTION(S): Chapter 10 Application, Review, and Decision-making Procedures, Section 1O.02.06(E)(3)( e )(i) CHANGE: To change mitigation plan reporting and monitoring requirements from 5 years to 2 years. Should it be determined by county staff within the 2 year requirement that there is less than the required 80% survival rate, further monitoring will be extended for up to 5 years. REASON: To minimize the length of time required for developers, homeowners' associations and other ownership entities, to report annually to county staff as a result of mitigation plans. At present, monitoring requirements of plantings pursuant to mitigation plans are for an 80% survival rate for 5 years. Weare proposing this requirement be shortened to 2 years. Planting survival rate within a 2 year period is consistent with horticultural determination that plantings would be "established" at that point. If an 80% survival rate is not attained by 2 years, additional monitoring can be required. Rat ta exceed 5 years. FISCAL & OPERATIONAL IMPACTS: Public impact would be decreased costs associaled with yearly reporting and less valuable time spent meeting county staff on-site for inspection. County staff impact would be to allow staff to spend valuable time resources on cases that really need to be monitored and less time spent on cases that have proven successful survival of plantings. RELATED CODES OR REGULATIONS: Section 4.06.00 Landscaping, Buffering and Vegetation Retention. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Created on March 19,2007, April 10,2007, May 1,2007, this revision written on May 9,2007. Amend the LDC as follows: 10.02.06 Submittal Requirements for Permits . . . . . . . . . . . . 185 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. T6J:t slril:etarslIgH is ewrr6Rt t8;:1 te Be del@t@s. Bold text indicates a defined term E. Enforcement and penalties. . . . . . . . . . . . . 3. Corrective measures for environmental violations. * * * * * * * * * * * * 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 minimum of #ve two reports will be submitted. Reports shall be due at one-year intervals. ii. An €eighty percent survival by species shall be required for a #ve two-year period 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 lhe mitigation plan. Should the County Manaoer or desionee determine the need for an extended monitorino schedule. monitorino may continue until at least an eiohty percent survival of re~uired plantino(sl 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 condilion 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 chanoe in ownership of the property identified in the approved mitioation plan. the seller will be responsible for notifyino the buyer of the mitioation Dlan 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 alternalives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost 10 mitigate for the violation according to section 10.02.06E.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs. earth moving costs, irrigation costs, replanting and exotic removal. 186 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new texl to be added. Tel:t slFiI:etaf81IgR is 61Irrent telLt 18 se seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners' ("Board") approval of a final subdivision plat was challenged in Circuit Court on the grounds that the Board's approval of the final subdivision plat application and the previously administratively approved preliminary subdivision pIal were not considered by Collier County Planning Commission ("CCPC"). The litigation is pending. AUTHOR: Stan Chrzanowski, P.E., John Houldsworth, Sf. Engineer DEPARTMENT: Engineering Review AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC 10:16] - ]0:]62 LDC SECTION(S): 10.04.03 and 10.04.03 A CHANGE: De]ete all references to "Final P]ats" as a Type II application REASON: Land development applications were first categorized into application types when the LDC was re-codified in 2004. Although a final subdivision plat application is identified as a Type II application, final plats are not considered by the Collier County Planning Commission. The adoption of the proposed amendment simply will harmonize LDC Sections ] 0.04.03 and LDC ] 0.04.03 A. with the existing final subdivision plat application review process. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC ]0.02.04 A.J.c GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Created January 10, 2007 Amend the LDC as follows: 10.04.03 Applications Subject to Type II Review The following applications are subject to Type II review: Final Plale;; conditional use Permits; Rezoning; LDC Text Amendments; GMP Amendments; and small-scale development Amendments. For a graphic depiction of the review procedure, please see Illustration 10.04.03 A 187 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te)(t stfil:ethr81IgR is 8WFfeHt tent te Be aeletes. Bold texl indicates a defined tenn This page intentionally left blank. 188 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tent stril:etkrelIgB is el:lrreRt te;:t te Be deletes. Bold text indicates a defined term TYPE II (FINAL Pb..A.TS; CONDITIONAL USE PERMITS; REZONING: UDC TEXT AMENDMENTS; GMP AMENDMENTS; SMALL SCALE DEVELOPMENT AMENDMENTS) DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS ! RECEIPT & COMPILATION OF COMMENTS & APPLICANT MAY RECOMMENDATIONS SUBMIT REVISED APPLICATION (Limited to ~ Resubmlttalsl , I;REPARATION OF WRITTEN STAFFI REPORT AND RECOMMENDATIONS I WORKSHOP ON APPLICATION IAs Needed) HEARINGS BY PLANNING COMMISSION AND, AS NEEDED. ENVIRONMENTAL ADVISORY COUNCIL I HEARINGS BY BCC I ! ! APPROVAL APPROVAL DENIAL (Written Findings and WITH CONDITIONS (Written Findings) Written Order\ (Written Findings and Written Orders) 189 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te7lt striltetar81IgH is 6HrreHt tl"!j:t ts Be seleted. Bold text indicates a defined term TYPE II (CONDITIONAL USE PERMITS; REZONING; UDC TEXT AMENDMENTS; GMP AMENDMENTS; SMALL SCALE DEVELOPMENT AMENDMENTS) DISTRIBUTION OF COMPLETE APPLICATION TO ALL STAFF REVIEWERS ! RECEIPT & COMPILATION OF COMMENTS & APPLICANT MAY RECOMMENDATIONS SUBMIT REVISED APPLICATION (Limited to ~ Resubmlttals) IIPREPARATION OF WRITTEN STAFFI REPORT AND RECOMMENDATIONSI WORKSHOP ON APPLICATION (As Neededl HEARINGS BY PLANNING COMMISSION AND. AS NEEDED. ENVIRONMENTAL ADVISORY COUNCIL fHEARINGS BY BCC I ! ! APPROVAL APPROVAt. DENIAL (Written Findings and WITH CONDITIONS (Wrltten Findings) Written Ordersl (Written Findings and Wrltten Orders) 190 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TeJ:t &a:i1:8tarS1:lga is elIFfeRt tlM.t t8 se seleles. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: Stan Chrzanowski, P.E., John Houldsworth, Sr. Engineer DEPARTMENT: Engineering Review AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDC 10:161 ~ 10:162 LDC SECTION(S): 10.04.04 and 10.04.04 A CHANGE: Delete all references to "Preliminary Plats" as a Type III application REASON: Board of County Commissioners' ("Board") approval of a final subdivision plat was challenged in Circuit Court on the grounds that the Board's approval of the final subdivision plat application and the previously administratively approved preliminary subdivision plat were not considered by Collier County Planning Commission ("CCPC"). The litigation is pending. Land development applications were first categorized into application types when the LDC was re-codified in 2004. Although a preliminary subdivision plat application is identified as a Type III application, preliminary plats are not considered by the Collier County Planning Commission. The adoption of lhe proposed amendment simply will harmonize LDC Sections 10.04.04 and LDC 10.04.04 A. with the existing preliminary subdivision plat application review process. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC 10.02.04 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Created January 10,2007 Amend the LDC as follows: Applications Subject to Type III Review The following applications are subject to Type III review: Variances; Administrative Appeals; Certificates of Appropriateness; conditional uses; nonconforming Use Amendments; Vested Rights; flood Variances; Parking Agreements; and Preliminary Plats. 191 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new lext to be added. Tiimt slfil:ethf8l:1gB is SHFreRt hmt 18 se seletea. Bold text indicates a defined term For a graphic depiction of the review procedure, please see Illustration 10.04.04 A TYPE III (VARIANCES, ADMINISTRATIVE APPEALS, CERTIFICATE OF APPROPRIATENESS, CONOITlONAL USES, NONCONFORMING USE AMENDMENTS, VESTED RIGHTS, FLOOD VARIANCES. PARKING AGREEMENTS,.. -PRel:lMlNARV-PlAf5t- / VARIANCES, CONDITIONAL USES, NONCONFORMING USE AMENOMENrs FLOOD VARIANCES, PARKING AGREEMENTS ! CONTINUE PROCESSING ORIGINAL APPLICATION 192 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te:lt &tril:ethr81Igh is elIffsflt te;:t te Be ssletea. Bold text indicates a defined term TYPE III (VARIANCES, ADMINISTRATIVE APPEALS, CERTIFICATE OF APPROPRIATENESS, CONDITIONAL USES. NONCONFORMING USE AMENDMENTS. VESTED RIGHTS, FLOOD VARIANCES, PARKING AGREEMENTS, PRELIMINARY PLATS) VARIANCES, CONDITIONAL USES, NONCONFORMING USE AMENDMENTS. FLOOD VARIANCES. PARKING AGREEMENTS PREPARATION OF WRITTEN STAFF REPORT AND RECOMMENDATIONS APPEALS OF ADMINISTRATIVE DECISION OR INTERPRETATIONS CONTINUE PROCESSING ORIGINAL APPLICATION 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 193 9/28/2007 Text underlined is new text to be added. Tent stFiI:elHrel:lgl1 is elIFr6Ht lel:t 113 Be seletes. Bold text indicates a defined term This page intentionally left blank. 194 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. TSJ:t stJ::il:etaF8ltgh is elIFfeHl '8ilt ts se seleles. Bold text indicates a defined term LDC Amendment Request ORIGIN: Zoning Department AUTHOR: Catherine Fabacher DEPARTMENT: Zoning Department AMENDMENT CYCLE: Cycle 1,2006 LDC PAGE: LDCl:22 LDC SECTION(S): Definitions, Section 1.08.02 CHANGE: Add definition for lot width. REASON: There are dimensional requirements for 101 width but no definition of a lot width. There was a definilion for lot width in Ord. 91-102, but when that ordinance was repealed and the LDC was recodified, the definition was removed. This definition requires that lhe lot width requirement be met from the front building setback line (as determined by the zoning district) for 80 percent of the depth of the lot to ensure that adequate lot depth is achieved commensurate with the required side yard setback requirements. FISCAL & OPERATIONAL IMPACTS: The County will not IDCur any fiscal impacts. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Created May 2, 2006_ Amend the LDC as follows: 1.08.02 Definitions Lot measurement. width: Width of a lot shall be considered to be the averaoe distance between straioht lines connectino front and rear lot lines at each side of the lot. measured as straioht lines between the foremosl points of the side lot lines where they intersect with the street line and the points of the side lot lines where they intersect the rear property line. (see Fioure 9). The width between the side lot lines at their foremost points in front shall not be less than 80 percent of the reouired lot width. except in the case of lots on the turnino circle of a cul-de-sac when the 80 percent reouirement shall not apply. The minimum lot width on a cul-de-sac shall be fioured by drawino a straioht 195 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tel:t stril:etHreHgh is elIFfE!Rt teJ:t t8 Be seletes. Bold text indicates a defined term line at the chord, then drawino a straioht line parallel to il at the reouired setback distance for that particular zonino district. That new established line shall meet the minimum lot width of that district. (see Fioure 10). c d a street I b ab;cd = width ~ required widlh ab ~ 80% required width Measurement of Lot Width P"CPAREDBY,"RAPH'C<^"01ECHN'CALOUP<>r>>T"CTlOlJ COlJ~U"'TY Of""COI'M[NT AND ["""ON"ENTAC srn"c>o "'~""IN OA'L10jO' "",,.,,.._...,, 12.0\00 1.08.02 - Fiaure 9 196 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/2812007 TeXl underlined is new text to be added. Tellt stFiI:etRF81IgR is €\;lFfeRt te;:t te Be seletes. Bold text indicates a defined term Lot Line ,___u_..___ 1 \ i \ , \ i \ i \ . . , , I \ , \ i \ , , . . I E~ - -~ - f F \ ~~. \ :l1ls' , CD.l/l I I ."C I L.-:.-.:--:::- ---;:--1 Chord street EF = Required Width Measurement of a cul-de-sac lot width r~;~w-'":'..:.-- 1.08.02 - Fiaure 10 197 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. T81:t stFil:etlu8wga is 61IFreHt tel,t 18 se deletes. Bold lexl indicates a defined term This page intentionally left blank. 198 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. T8r:t slriJ:etar81Igk is 61IFfeHt hmt te 6e deletes. Bold text indicates a defined tenn LDC Amendment Request ORIGIN: CDES AUTHOR: Staff DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDCI:17 LDC SECTION(S): 1.08.02 Definitions CHANGE: Return definilion of two-family dwelling to LDC. REASON: The Code defines townhouse as "A group of 3 or more dwelling units attached to one another by a common wall or roof wherein each unit has direct exterior access and no unit is located above another." Two townhouses together are considered to be a "two-family dwelling." The definition was omitted during re-codification and without it, there is no use that allows 2 townhouse developmenls. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.04.03 Table I. GROWTH MANAGEMENT PLAN IMPACT: None provisions of the LDC. returning to original OTHER NOTESNERSION DATE: Created February 23,2007. Amend the LDC as follows: Dune: A mound or ridge of loose sediments, usually sand-sized sediments, lying landward of the beach and extending inland to the landward toe of the dune, which intercepts the 1 OO-year storm surge. Duplex: A freestanding building, which contains only two (2) dwelling units. Dwelling (also called dwelling unit): Any building, or part thereof, constituting a separate, independent housekeeping establishment for no more than one (1) family, and physically separated from any other rooms or housekeeping establishments which may be in the same structure. A dwelling unit contains sleeping facilities, sanitary facilities, and a kitchen. Dwelling, multi-family. A group of three (3) or more dwelling units wilhin a single 199 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Tar:! stFil:etHreliga is 81IFJ'Ii!Ht tent t8 88 saletes. Bold text indicates a defined tenn building. Dwelling, single-family or one-family: A building that contains only one (1) dwelling unit. Dwellina. two-familv: A sino Ie. freestandino. conventional buildino intended. desioned. used and occupied as two dwellino units attached by a common wall or roof. but wherein each unit is located on a separate lot under separate ownership. Easement An interest in land owned by another that entitles its holder to a specific limited use or enjoyment. * * * * * * * * * * * * 200 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Teiit stril:etl1r8l:lgB is 6Hrrent t8;'lt te lJe aeleles. Bold text indicates a detined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: John Houldsworth, Senior Engineer, Stan Chrzanowski, P.E. Engineering Manager DEPARTMENT: Engineering Review AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDCI:28 LDC SECTION(S): 1.08.02 Definitions CHANGE: Add definition for "Minor Subdivision" which was left out at codification REASON: Section 10.02.02 refers to a definition for "Minor Subdivision" which is not currently listed in the definition section FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts. RELATED CODES OR REGULATIONS: 10.02.02 (also being amended this cycle) GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact. OTHER NOTESNERSION DATE: March 8, 2007 Amend the LDC as follows: 1.08.02 Definitions * * * * * * * * * * Subdivision. minor: The division of land. whether improved or unimproved. into lhree or more. but less than ten. contiouous lots or parcels of land. for the purpose. whether immediate or future. of transfer of ownership or development. which does not involve the extension of an existino street or the establishment of a new street and does not involve the extension. creation or establishment of any improvement otherwise re~uired in section 10.02.05 * * * * * * * * * * * 201 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to he added. TSiit stril<etkrBblgh is 6liFfeFlt tent te BIi! ssletes. Bold text indicates a defined term This page intentionally left blank. 202 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to he added. Tent stfil:ethrsHgh is SlIFFeHt tela t8 se seletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: John Kelly, Planner DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2007, Cycle 1 LDC PAGE: LDCI:24 LDC SECTION(S): 1.08.02 Definitions CHANGE: Restore definitions: "lot, comer," "lot, interior," and "lot, through" from the old code. REASON: Definitions were omitted during re-codification FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: Ver. 1-06/22/2007 Amend the LDC as follows: 1.08.02 Definitions * * * * * * * * * * * * Lot. corner: A lot located at the intersection of two or more streets. A lot abutlino a curved street or streets shall be considered a corner lot if straioht lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior anole of less than 135 deorees. * * * * * * * * * * * * Lot, interior: A lot other lhan a corner lot. with only one frontaoe on a street. * * * * * * * * * * * * 203 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 Text underlined is new text to be added. Te]~t striketafBlIgh is elIfl'el'lt te;:t 113 Be deletes. Bold text indicates a defined term Lot. throuah: A lot other than a corner lot. with frontaoe on more than one street. Throuoh lots abuttino two streets may be referred to as double-frontaoe lots. . . . . . . . . . . . . 204 1:\07 Amend the LDC\2007-Cycle 1\NEW AMEND (090907) CAF.doc 9/28/2007 MEMORANDUM Community Development & Environmental Services Division Department of Zoning and Land Development Review To: Members of the Collier County Board of County Commissioners From: Catherine Fabacher, LDC Coordinator Date: October 22, 2007 Subject: Revision To LDC Amendment For Cycle 1,2007 Attached for your review, please find a copy of the revision ofLDC amendment request 10.03.05 "Notice Requirements For Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board." This revision is intended to replace the LDC amendment beginning on page 125 in the blue book. Our next LDC meeting, for hearing number 2, is this Wednesday at 9:00 a.m. in the Board Meeting Room. We plan to vote on all of the LDC amendments at this meeting, except: 2.03.07 BMUD and GTMUD amendments, 5.05.13 Heliports and Helistops and the new land use lists in the pink book. We plan to vote on those amendments at the October 30,2007 LDC meeting. If you have any questions or need further information, please call me at 403-2322. cc: David Weigel, County Attorney Jim Mudd, County Manager Joe Schnitt, CDES Administrator Susan Istenes, AICP, Zoning Manager JetTKlatzkow, Assistant County Attorney Clerk of Courts Text underlined is new text to be added. Text stril(stRFSblS)t-l is GblrF8Rt text is be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: FabacherIBedtelyon/Weeks DEPARTMENT: Zoning & Land Development Review/ Public Information- Administration/Comprehensive Planning AMENDMENT CYCLE: Cycle 1,2007 LDC PAGE: LDCI0:148-149 LDC SECTION(S): 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC and the Historic Preservation Board. CHANGE: Add the requirement for a second Neighborhood Information Meeting (NIM) when a land use petition is continued for over a year from the initial Neighborhood Information Meeting; add NIM requirement for Mixed Use Project (MUP) applications; and, make minor clean-up changes, e.g., revise a County department name. REASON: To improve public awareness and make necessary clean-up revisions. FISCAL & OPERATIONAL IMPACTS: StaffOvertime/Comp time. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Created March 22, 2007 Amend the LDC as follows: F. Public participation requirements for small-scale or other site-specific comprehensive plan amendments, rezonings, PUD amendments, conditional uses, Mixed Use Proiects (MUPs). variances. fJF and parking exemptions. 1. Applicants requesting a small-scale or other site-specific comprehensive plan amendment, rezoning, PUD amendment, mixed use proiect approval or conditional use approval must conduct at least one Neighborhood Informational Meeting ("NIM") after initial staff review and comment on the application have been provided. or after notification of application 1 1:\07 Amend the LDC\2007-Cycle 1 \Amendments\1 0 03 05 second NIM Public Hearing Revised 10 19 07.doc 10/22/2007 Text underlined is new text to be added. Text striketRF9b!gR is Gblrrent islEt ts 138 l:Ieleted. Bold text indicates a defined term sufficiency for a small-scale or other site-specific comprehensive plan amendment, aflG.-before the Public Hearing is sSResl,Jled with the Planning Commission or Board of Countv Commissioners actinq as the Board of Zoninq Appeals. !L For a small-scale amendment, the NIM is required prior to the CCPC adoption hearing. For other site-specific comprehensive plan amendments, the NIM is required prior to the Planning Commission transmittal hearing. A second NIM for a site specific comprehensive plan amendment, to be held prior to the Planning Commission adoption hearing, will only be required if, as determined by staff, a substantial change has occurred to the proposed amendment subsequent to the Board of County Commissioners transmittal hearing. b. In the case of a Mixed Use Proiect application. after initial staff review and comment on the application have been provided. a NIM shall be conducted prior to the first public hearinq. c. For all other applications, the appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public. 2. Written notice of the meeting shall be sent to all proporty owners who are re~uires to receive lellal notification from the county pursl,Jant to section 1 e.ed.eli.B.e. or 7. Notification shall be sent to all propertv owners within 500 feet of the propertv lines of the land for which the amendment to zoninq is souqht. The 500 foot distance shall be measured from the boundaries of the entire ownership or PUD. For properties located within areas of the future land use element of the qrowth manaqement plan that are not desiqnated urban. the foreqoinq notice requirements applv. except that written notification must be sent to all propertv owners within 1.000 linear feet of the subiect propertv. For the purposes of this requirement. the names and addresses of propertv owners shall be deemed those appearinq on the latest tax rolls of Collier Countv. The applicant shali provide written notice of the Neiqhborhood Information Meetinq (NIM) shall also be sent to property owners, condominium and civic associations whose members are mav be impacted by the proposed land use changes and who have formally requested the county to be notified. a. A list of such organizations must be provided and maintained by the county, but the applicant must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the County Manager or designee and the office of the b!2oard of GCounty GCommissioners no less than ten days prior to the scheduled date of the neighborhood 2 1:\07 Amend the LDC\2007~Cycle 1 \A.mendments\1 0 03 05 second NIM Public Hearing Revised 1019 07.doc 10/22/2007 Text underlined is new text to be added. Teut striketRrablg!:l is current text t8 be deleted. Bold text indicates a defined term information meeting. b. The applicant must make arrangements for the iocation of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must further cause a display advertisement, one-fourth page, in type no smaller than 12 point. and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear" stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but no soonor not later than five days before, the Neighborhood Informational Meeting (NIM). The Collier County staff planner assigned to attend the pre-application meeting, or designee" must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting,~ however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the County Manager or designee. ~ ~s a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the I3lanniA€l sorviGos ZoninQ and Land Development Review department. These written commitments will be made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable development order. d. In cases where the applicant's petition activitv extends bevond one vear from the date that the last NeiQhborhood Information MeetinQ (NIM) was held. a second NIM will be conducted with adherence to all notification and advertisinQ required for the initial meeting. This requirement does not applv to site-specific comprehensive plan amendments. 3. Any applicant requesting variance approval or parking exemption approval must provide documentation to the I3lannin€l sorviGes dopartment Communitv PlanninQ Coordinator indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient. 4. Where it has been determined that there is a property owner, functioning condominium or civic association which has made formal request of the 3 1:\07 Amend the LDC\2007-Cycle 1 \Amendments\1 0 03 05 second NIM Public Hearing Revised 10 19 07.doc 10/22/2007 Text underlined is new text to be added. Text E:.trikettlreugh is Sl:meRt te)g; te 1;18 sBletes. Bold text indicates a defined term county to be so notified, then the applicant must provide written documentation to the fllannin€l services seflartment Communitv Plannina Coordinator indicating that such property owner or organization has also been notified concerning the extent and nature of the variance or parking exemption requested. The applicant must proviso a written account of the result of such notice and shall submit any ans all written communications to the fllannin€l services department. A list of property owners, homeowner or condominium associations notified and any other written communications must be submitted to the fllannin€l services deflartment Communitv Plannina Coordinator at least two weeks prior to the scheduled date of the first advertised public hearing. The applicant sAall must provide a written account of the result of such notice and shall submit any and all written communications to the Zonin€l aRs Land DevelGflA'lent Review seflartA'lent Communitv Plannina Coordinator. * * * * * * * * * * * * * 4 1:\07 Amend the LDC\2007-Cycle 1 \Amendments\1 0 03 05 second NIM Public Hearing Revised 1019 07.doc 10/22/2007