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Agenda 07/08/2025 Item #11H (to advertise an ordinance to provide limitations on the parking of commercial vehicles and/or storing commercial equipment in residential areas) (2)SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting July 8, 2025 Move item 16K5 to 11H: *** This item continued from the June 24, 2025, BCC Meeting. *** Recommendation to provide direction to staff to advertise an ordinance to amend the Collier County Parking, Storage and Use of Vehicle Control Ordinance codified in the Code of Laws and Ordinances to provide limitations on the parking and/or storing of commercial motor vehicles and commercial equipment in residential areas including the Estates zoning district. (Commissioner McDaniel’s Request) Add-on Item 16B9: Recommendation to approve and authorize an after-the-fact payment in the amount of $117,236.48 to Quality Enterprises, USA, Inc. for the Immokalee Area Improvements – Tiger Grant Project under Agreement No. 20-7811 for additional driveway installations. (Staff’s Request) Notes: •On Item 10A, the title should read “imposing the 6th cent” and not “6th percent” of the Tourist Development Tax. TIME CERTAIN ITEMS: Item 6A to be heard at 9:15 AM: A signature petition submitted by Brandon Reiff and Janet Miller regarding Willoughby Acres Park. Item 11A to be heard at 9:30 AM: A Resolution adopting the Proposed Millage Rate for FY 2025/26. Item 11B to be heard at 10:00 AM: The Tourism Impact Study for the Sports Complex Expansion. Item 10A to be heard immediately following Item 11B: Directing the County Attorney to advertise an Ordinance for the purpose of levying and imposing the 6th cent of the Tourist Development Tax, subject to voter approval in the November 2026 general election. Item 11C to be heard immediately following Item 10A: The Tourism Impact Study for Sun-n-Fun Lagoon. Item 11D to be heard at 11 AM: A recommendation to proceed with land acquisition on Bay and Danford Street to address future boat parking needs and local community challenges. Item 9A and 9B to be heard no sooner than 1 PM: Amending the NC Square Mixed-Use Overlay and Planned Unit Development to change the affordable housing requirements. 7/8/2025 Item # 16.K.5 ID# 2025-2153 Executive Summary *** This item continued from the June 24, 2025, BCC Meeting. *** Recommendation to provide direction to staff to advertise an ordinance to amend the Collier County Parking, Storage and Use of Vehicle Control Ordinance codified in the Code of Laws and Ordinances to provide limitations on the parking and/or storing of commercial motor vehicles and commercial equipment in residential areas including the Estates zoning district. OBJECTIVE: To advertise an ordinance to provide limitations on the parking of commercial vehicles and/or storing of commercial equipment in residential areas. CONSIDERATIONS: On June 22, 2010, the Board adopted Ordinance No. 10-26, the Collier County Parking, Storage and Use of Vehicle Control Ordinance, which combined prior regulations concerning vehicle parking, storage and use in residential areas, excluding the Estates zoning district. Staff has been working with the County Attorney’s office to develop an ordinance regarding commercial vehicles, and a Land Development Code (LDC) amendment regarding home-based businesses, to address resident concerns in the Estates zoning district. On April 22, 2025, during Commissioner Communications, the Board of County Commissioners discussed placing limits on the number of commercial vehicles parked on a lot in the Estates zoning district. Due to resident concerns, staff and the County Attorney are moving forward with the draft Ordinance regarding commercial vehicles. The LDC amendment regarding home-based businesses will be brought to the Board at a future date. The draft Ordinance places limits on commercial vehicles and the commercial equipment parked or stored outside. It does not limit commercial vehicles and commercial equipment parked or stored in a garage or a fully enclosed structure. Staff and the County Attorney are requesting that the Board provide direction to advertise the attached Ordinance. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board direction. -JAK RECOMMENDATIONS: For the Board to direct staff to advertise an Ordinance to address commercial motor vehicles and/or commercial equipment in residential areas including the Estates zoning district. PREPARED BY: Jeffrey A. Klatzkow, County Attorney and Mike Bosi, AICP, Director - Zoning Division ATTACHMENTS: 1. Ordinance 061325 for BCC Page 4066 of 4096 [10.0001/1951904/1] 50 6/12/25 (2) Page 1 of 4 Words underlined are added; Words struck through are deleted. ORDINANCE NO. 2025 -_____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 10-26, THE PARKING, STORAGE AND USE OF VEHICLE CONTROL ORDINANCE, TO REVISE REGULATIONS FOR PARKING OF COMMERCIAL VEHICLES OR COMMERCIAL EQUIPMENT IN RESIDENTIAL AREAS, INCLUDING THE ESTATES ZONING DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection of the public; and WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (Board) directed that the regulations concerning the parking, storage and use of recreational vehicles be moved from the Land Development Code (LDC) to the Collier County Code of Laws and Ordinances; and WHEREAS, on June 22, 2010, the Board adopted Ordinance No. 10-26, the Collier County Parking, Storage and Use of Vehicle Control Ordinance, which combined previous regulations concerning vehicle parking, storage and use in residential areas; and WHEREAS, the Board desires to further amend its regulations concerning parking of commercial vehicles in residential areas by amending Ordinance No. 10-26. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section Four of Ordinance No. 10-26, the Collier County Parking, Storage and Use of Vehicle Control Ordinance Section Four of Ordinance No. 10-26, as codified in Section 130-94 the Collier County Code of Laws and Ordinances, is hereby amended as follows: SECTION FOUR: Definitions When used in this Ordinance, the following words, phrases, or terms shall have the following meanings, unless the content clearly indicates otherwise: Page 4067 of 4096 [10.0001/1951904/1] 50 6/12/25 (2) Page 2 of 4 Words underlined are added; Words struck through are deleted. 1. Commercial motor vehicle: Any vehicle used in conjunction with a commercial or business activity having a rated load capacity of greater than one ton, or exceeding 7.5 feet in height, 7 feet in width, or 25 feet in length. 2. Gross Vehicle Weight (GVW): Means the value specified by the manufacturer as the loaded weight of a single vehicle. 1. 3. Recreational vehicle: a vehicular type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as a temporary living accommodation when engaged in recreation, camping or travel use. This type of vehicle includes but is not limited to travel trailers, truck campers, camping trailers, self-propelled motor homes, boats, jet skis and trailers used for transporting the vehicles. 2. 4. Residential district: a residential zoning district as described in the Land Development Code to include: RSF-l, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-l2, RMF-l6, RT, VR and MH Zoning Districts as well as the single-family and multi-family residential components of Planned Unit Development (PUD) Zoning Districts. 3. 5. Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. SECTION TWO: Amendment to Section Seven of Ordinance No. 10-26, the Collier County Parking, Storage and Use of Vehicle Control Ordinance Section Seven of Ordinance No. 10-26, as codified in Section 130-97 the Collier County Code of Laws and Ordinances, is hereby amended as follows: SECTION SEVEN: Parking of Commercial Motor Vehicles or Commercial Equipment in Residential Areas It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a Residential District unless one of the following conditions exists: 1. The parking of commercial motor vehicles or storage of commercial equipment in residential areas is permitted in Residential Districts and the Estate (E) Zoning District when tThe vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked. The vehicle or equipment must be removed as soon as the construction or service activity has been completed. 2. When commercial motor vehicles and/or storage of commercial equipment are not used in the manner described in Paragraph 1 above, the parking of commercial motor vehicles and/or storage of commercial equipment shall be allowed if The vehicle and/or equipment is parked or stored inside in a garage or fully enclosed structure. However, vehicles and/or equipment parked or stored outside, or within an unenclosed structure such as a carport, are Page 4068 of 4096 [10.0001/1951904/1] 50 6/12/25 (2) Page 3 of 4 Words underlined are added; Words struck through are deleted. allowed subject to all of the following listed conditions. Commercial vehicles and/or equipment shall be: a. Placed on a stabilized surface. b. or carport which is sStructurally or vegetatively screened and cannot be seen from adjacent properties or the street serving the lot. The screening must be at least 80% opaque within six months of installation. c. Located to the rear of the principal structure if parked or stored outside. d. Restricted to a maximum of one commercial motor vehicle per lot in Residential Districts. e. Restricted to a maximum of two commercial motor vehicles per lot in the E Zoning District, except that a commercial motor vehicle with a gross vehicle weight of 10,001 pounds or heavier is restricted to one per lot. 3. The vehicle is parked in the rear of the main structure and is enclosed within a vegetative screening which conceals the vehicle from the view of neighbors. 4. Automobiles, passenger type vans, and pickup trucks having a rated load capacity of one ton or less - all of which do not exceed 7.5 feet in height, nor 7.0 feet in width, nor 25 feet in length shall be exempted from this section unless otherwise prohibited by a special parking overlay district created pursuant to LDC Section 2.03.07 M. 3. The operating, maneuvering, stopping, standing, or idling of a commercial motor vehicle with a gross vehicle weight of 10,001 pounds or heavier, including their audible warning systems, shall not occur before 6:30 a.m. or after 7:00 p.m., Monday through Saturday, unless it can be demonstrated that the operating, maneuvering, stopping, standing, or idling of such vehicle does not exceed 55 dB(A) or 67 dB(C). No operation shall occur on Sundays or on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 5. 4. Exempted from this section are small commercial equipment such as ladders and pipes that cannot be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in diameter per commercial vehicle. Said equipment shall be secured atop the vehicle and shall not extend beyond the length, height or width of the vehicle. SECTION THREE: Conflict and Severability In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Page 4069 of 4096 [10.0001/1951904/1] 50 6/12/25 (2) Page 4 of 4 Words underlined are added; Words struck through are deleted. SECTION FOUR: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word “ordinance” may be changed to “section”, “article”, or any other appropriate word. SECTION FIVE: Effective Date This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ____ day of _________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA By: ___________________________ By: _____________________________ , Deputy Clerk Burt Saunders, Chairman Approved as to form and legality: ______________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney 10.0001/50 Page 4070 of 4096