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Agenda 05/26/1999 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, May 26, 1999 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 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 ADMINISTRATOR 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 PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. AN ORDINANCE AMENDING ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DMSION 2.3 OFF-STREET PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGN DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8 ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLANS; DIVISION 3.4 EXPLOSIVES; DIVISION 3.5. EXCAVATIONS; DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND PRESERVATION; May 26, 1999 ARTICLE 6, DMSION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF NON-CONFORMING LOTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. ADJOURN 2 May 26, 1999 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3 OFF-STREET PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGN DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; 'DIVISION 3.3 SITE DEVELOPMENT PLANS; DIVISION 3.4 EXPLOSIVES; DIVISION 3.5. EXCAVATIONS; DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND PRESERVATION;' ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF NON-CONFORMING LOTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. OBJECTIVE: To amend provisions of the Collier County Land Development Code. CONSIDERATIONS: This is the first of two public hearings required by Statute for amending the Collier County Land Development Code. Each of the amendments was presented to, and reviewed by, the Development Services Advisory Committee, Collier County Planning Commission, the Environmental Policy and Technical Advisory Board, and the Environmental Advisory council where applicable. Where an advisory body recommended revisions to the staff recommended LDC ch.ange, these recommendations are included in the summary description of the LDC amendment. The Planning Commission held public hearings April 21, 1999 and May 12, 1999. A summary of the review of these amendments by the Development Services Advisory Committee, Environmental Advisory Council and the Collier County Planning Commission is provided with this Executive Summary. FISCAL IMPACT: None. NAGEND ITEM MAY 2 6 1999 GROWTH MANAGEMENT IMPACT: All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GMP. STAFF RECOMMENDATION: This is the first of two Public Hearings. Staff recommends that the Board review this proposal and direct changes as may be appropriate. No recommendation is required inasmuch as the subject matters will ag ' e formally considered at the June 16, 1999 meeting. REY i~L.~ / : nO n F. Ni'l~O, AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: "" ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. LDC EX SUMMARY/MD/05/99 AGF..NDA ITEM MAY 2 6 1999 LDC AMENDMENT SUMMARY 1999 CYCLE "I" LDC DSAC EAC CCPC SECTION PROPOSED AMENDMENT RECOMMENDATION RECOMMENDATION RECOMMENDATION Sec. 2.2.2.1 To add certain intensive farming No objection No objection No objection practices to the requirement of a minimum area of twenty acres (i.e. poultry and egg production, milk production and livestock raising and to require a conditional use for breeding and raising of exotic animals Sec. 2.2.9 To emphasize in the intent No objection N/A No objection statement the desirability of retaining a village like characteristic and to further require that no buildings contain more than 3 habitable stories hut not to exceed 35 feet in height, except for Goodland where the maximum number of stories shall not exceed 2 above 1 level of parking. Sec. 2.2.12 Changes to the C-1/T Commercial No objection N/A No objection Professional Transitional District include: deletion of the maximum lot width, maximum floor area, and traffic generation limitations; deletion of reference to the Future Land Use Element (FLUE) of the Growth Management Plan .- regarding determination of allowable residential density; deletion of requirement that residential units only be occupied by owners or lessees of commercial units; and, limited addition of personal service type uses Sec. Amend all commercial setback No objection N/A No objection 2.2.12.4.3., requirements to the same setback 2.2.13.4.3., requirements 2.2.14.4.3., 2.2.15.4.3. and AC.,Ud4DA ITEM 2.2.15¼.4.3. No. ~ MAY 2 6 1999 Pl. To allow as a conditional use a No objection N/A No objection Sec. 2.2.15.3 bus depot in the C-4 district Sec. 2.2.15¼ To correct the implications that No objection N/A No objection the building height may be fifty (50) feet when in fact it is 35 feet Sec. 2..2.16 To add Miscellaneous repair No objection N/A No objection services with no associated sales to the I district Sec. 2.2.20.3.7 To amend those sections to more No objection N/A No objection and 2.7.2.8.1 comprehensively define the way developer exaction's for a public purpose are handled and the method to be use to determine impact fee credits Sec. 2.2.27 Amendment to delete the Marco No objection N/A No objection Island Overlay District Sec. 2.3.4.11 To amend provisions of the No objection N/A No objection automobile parking section to allow BCC approval for a parking lot where said property is immediately contiguous to an existing or proposed structure requiring off-street parking. Sec. 2.3.16.1 Amendment to bicycle parking No objection N/A No objection provision limiting maximum number in lieu of automobiles Sec. 2.3.24 Amendment to parking section to No objection N/A No objection delete Marco Island parking provisions -- Sec. 2.4.3.1 Amendment to acknowledge a Object to this Object to this Object to this Florida Certified Landscape amendment amendment amendment .~ Designer as a professional discipline authorized to prepare and sign and seal landscape plans No objection N/A No objection Sec. 2.5 Amendment to sign provisions to eliminate accent lighting and to move sign regulations from Sec. 2.8 Architectural section and Sec. 2.6.28 Automobile Service I Stations to the sign section and to AGEI~A IT~ M eliminate duplication No. ~, ..iAY 2 61939 2 Sec. 2.6.4 To allow open sided carports No objection N/A No objection within required yards Sec. 2.6.10 To clarify that separation No objection N/A No objection requirement for restaurants with on premise consumption of alcoholic spirits does not apply to said restaurants Sec. 2.6.11 To amend fence provisions to add No objection N/A No objection clarity Sec. 2.6.21 To correct prior amendment No objection No objection No objection failing to delete boat houses as a conditional use and to add language indicating covered structures same as boat house Sec. 2.6.28 To eliminate sign requirements No objection N/A No objection from this section in recognition of the fact they are moved to the sign section Sec. 2.6.33 Add administrative office trailers No objection No objection No objection in conjunction with agricultural use as a temporary use Sec. 2.6.33.3 Revise Section 2.6.33.4. (Model No objection N/A No objection and 2.6.33.4 homes and model sales centers) to 1) clarify existing language; 2) extend initial permit life from 2 to 3 years, eliminate CCPC hearing for intermediate extension, and require conditional use for extension beyond 3 years for model homes and model sales centers located in dwelling units, and; 3) specify site plan requirement for different types of models and sales centers Sec. 2.6.35 To amend Tower communication No objection N/A No objection provisions to require separation between residential zoning districts of 2V2 times tower height instead of 1000 feet Sec. 2.7 Amend conditional use section to No objection N/A No objection allow conditional uses for three years instead of one year Sec. 2.8 Amend architectural section to No objection N/A No delete sign regulations inasmuch as these regulations have been MAY 2 6 1999 3 shifted to the sign section and to redefine the condition under Sec. 3.2.6.2.2 Amend these regulations to No objection No objection No objection and 3.2.6.2.3 provide that the approval of Preliminary Subdivision Plats may be approved by staff instead of the CCPC Sec. 3.2.8.3.5 Amendment to delete requirement No objection No objection No objection that landscape buffer be platted as a separate tract Sec. 3.3.5 Amendment to SDP division No objection N/A No objection regarding sidewalk/bike path construction requirements, Sec. 3.4.13.5.1 Establishment of an 80% rule to No objection No objection No objection control blasting in urban construction environments. Provide requirement to provide the measurement and recording of airblast with establishment of maximum levels. Provide additional requirements to help reduce blasting impacts within the urban boundaries Sec. 3.9 Vegetation removal for mitigation No objection No objection No objection banking and restriction Definition Non- i) to clarify that conditions of No objection No objection No objection conforming non-conforming lots include lot of record frontage or areas and not both necessarily to be non-conforming lot ii) to define commercial equipment LDC AMENDMENT SUMMARY/md/4/I 2/99 AGENDA ITEM ' MAY 2 6 1999 4 DATE: March 15, 1999 ORIGIN: Current Planning Section AUTHOR: Ronald F. Nino, AICP, Current Planning Manager Susan Murray, AICP, Chief Planner DEPARTMENT: Planning Services LDC PAGE: LDC2:174 CHANGE: Amend Section 2.2.2.1, Subsection 2. and Section 2.2.2.3., Subsection 24. to correct scrivener's errors, and to add Subsection 25., of the LDC, to regulate the breeding and raising of "non-livestock" type of animals not typically associated with farming and agricultural land uses. REASON: There are negative impacts associated with certain non-farming types of uses in the Agricultural zoning district which could be mitigated with the establishment of a miramum parcel size (greater than the required 5 acres) and the requirement for conditional use approval prior to their establishment. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amend the Land Development Code as follows: 2.2.2.1. Permitted uses. 2. Agricultural activities, including, but not limited to: crop raising; dairying; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and animal breeding, raising, training, stabling or kenneling, and aquaculture for native species subject to the State of Florida game and fleshwater fish commission permits. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: dairying;; ranching;; l~ultry and egg production: milk production: livestock raising: and animal breeding, raising, training, stabling or kenneling. This is not to preclude an individual property owner ~'om the keeping of fowl or poultry, not to exceed 25 in total mamber, and the keeping of horses and livesWck (except for hogs) not to exceed two such animals for each acre, and with not open feedlots, for personal use and not in association with a commercial agricultural activity on paree :s i~,~A IIF.~ 20 acres in size. no. c~. 2 6 1999 1 Pl. f 2.2. 2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A) subject to the standards and procedures established in division 2.7.4. 24. Dairying;~ ranching;; livestock raising;; poultry and egg productioni; milk production;~ ~; .... ,^~t- ~;~;__ animal breeding, raising, training, stabling or kenneling on parcels less than 20 acres in size. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with no open feedloB, for personal use and not in association with a commercial agricultural activity on parcels less than 20 acres in size. 25. The commercial production. raising or breeding of exotic animals. other than animals .typ. ically used for a_m'iculmral purposes or production. subject to the following standards: a. Minimum 20 acre parcel size, b, Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum Of 100 feet from any lot line. 2.2.2.1 LDC AMENDMENT/SM/md .... AGENi:)A iTEM 2 MAY 2 6 1999 pg. ,9 ORIGIN: Community Development & Environmental Services AUTHOR: Ronald F. Nino DEPARTMENT: Planning Services LDC PAGE: 2.31 and 2.32 LDC SECTION: 2.2.9.1 and 2.2.9.4 CHANGE: To emphasize in the intent statement the desirability of retaining a village like characteristic and to further require that no buildings contain more than 3 habitable stories but not to exceed 35 feet in height. REASON: In particular residents in the historical villages of Goodland and Copeland have expressed concerns that large urban type development will destroy their village character. In recognition of the fact these amendments are intended to further reinforce development standards that will help maintain the village like character. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Sec. 2.2.9. Village residential district (VR). 2.2.9.1. Purpose and intent. The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and .designed to maintain ~e a village residential character c,f the \~, '~a~ct which is generally low profile. relatively small building foo.tprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee- future land use map of the Collier County growth management plan. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County growth management plan. The maximum density permissible in the village residential district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system or as. designated on the Immokalee future land use map of the growth management plan. I toAffff~DA ITEM 2.2.9.4. Dimensional standards. The following dimensional standards shall ap y permitted, accessory, and conditional uses in the village residential distri, t Cv~3'; 2 G 1999 Single- Duplex Multiple- Accessor Conditio Family Family y Uses nal Uses Dwelling Dwelling and Mobile Home 1. Minimum lot area 6,000 10,000 1 acre N/A 1 acre square square feet feet 2. Minimum lot width 60 feet 100 feet 150 feet N/A 100 feet 3. Minimum yard requirement: Front yard 20 feet 35 feet 35 feet Section 35 feet 2.6.2 ~ Side yard 5 feet* 15 feet 15 feet Section 15 feet 2.6.2 Rear yard 20 feet 30 feet 30 feet Section 30 feet 2.6.2 *Waterfront: 10 feet. 4. Maximum height*_ 30 feet 30 feet 35 feet 15 feet 50 feet 5. Maximum density** 7.26 8.71 14.52 N/A N/A units/ units/ units/ '- gross gross gross 6. Distance between N/A N/A 1/2 sum N/A structures of the building height ~ 7. Minimum floor area. (R~ed.) . , :! ,~GEN~A ITEM '. L:,:,',' 2 6 1999 8. Maximum lot coverage. (Reserved.) 9. Off-street parking and loading. As required in division 2.3. 10. Landscaping. As required in division 2.4. * No building may contain more than three levels of habitable space. except for zoning districts located in Goodland. Official Zoning Atlas Map Number MB7G where the number of habitable floors may not exceed two above one level of parking. **_ Actual maximum density shall be determined through the application of the density rating system, or applicable policies contained in the future land use element, or the Immokalee future land use map established in the Collier County growth management plan, not to exceed the above specified density for each use. 2.2.9. I. & 2.2.9.4. LDC AMENDMENT/RFN/md AGE. NDA ~ No. ~ _.. NIAY 2 6 1999 3 ORIGIN: Comprehensive Planning Section AUTItOR: David Weeks (and former Planning staff members) DEPARTMENT: Planning Services LDC PAGE: 2:41 - 2:45 LDC SECTION: 2.2.12 CBANGE: Changes to the Col/T Commercial Professional Transitional District include: deletion of the maximum lot width, maximum floor area, and traffic generation limitations; deletion of reference to the Future Land Use Element (FLUE) of the Growth Management Plan regarding determination of allowable residential density; deletion of requirement that residential units only be occupied by owners or lessees of commercial units; and, limited addition of personal service type uses. REASON: Revisions to the C-1/T District are necessary in order to reflect recent amendments to the FLUE - specifically, deletion of the Commercial Under Criteria provision and addition of the Office and In~ll Commercial Subdistrict. The FLUE Density Rating System isn't applicable in determining allowable residential density for mixed commercial/residential projects as allowed in the C - 1/T district. Staff believes that allowing unrestricted tenancy of residential units might provide some incentive for the development of mixed residential/commercial projects. Staff believes it appropriate to allow a very limited addition of personal service type uses. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Future Land Use Element. Sec. 2.2.12. Commercial professional district (C-l) and commercial professional transitional district (C-l/T). 2.2.12.1. Purpose and intent. The C-1 commercial professional district is intended to permit those uses which minimize pedestrian and vehicular lraflic. The provisions of the C-1 district are intended to apply to areas located adjacent to highways and arterial roads. Landscaping, controlled ingress and egress, and other restrictions are intended to minimize frequent ingress and egress to the highway from abutting uses. The C-1 district is designed to be compatible with all residential uses, as well as residential uses located along arterials. The C-1/T commercial professional/transitional district is intended to apply to those areas that are transitional; and located between areas of higher and lower intensity development ~h~t ~re ne ~ ..... aFpreF~e.~, ~'^- .'~i~en~a! dev=!c-ment. The uses uses, and limited resid al uses at meet the in 2 S 1999 Pil._//,~ .. professional/transitional district. Those areas identified as transitional (C-l/T) shall be further noted on the official zoning atlas. The commercial professional district and the commercial professional/transitional district are consistent with the locational criteria for commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. The maximum density permissible in the commercial professional district and the commercial professional/transitional district ,,,~,~_ ,.,,:~.~ .... ,~ .... '~;""'"~"" shall be as provided for herein. g,ai4eat;-m m~, The C-1/T zoning district, where utilized to meet the intent of the ....... :~, ,,..~. ~.-:+~ ...... ;o:~_o Office and In~ll Commercial Subdistrict of the future land use element of the comprehensive growth management plan, shall only be applied one time to serve as transitional use and will not be permitted to expand adjacent to other C I/T commercial zoning obtained via consistency with the Office and In~ll Commercial Subdistrict. T~,,e cn!:/exception iz t,~,c 2.2.12.2. Petrified use& The following uses, as identified with a number from the Standard industrial Classification ~anual (1987), or as otherwise provided for with_in this section, are permitted as of right, or as uses accessory to permitted uses in the C-1 commercial professional district and the C-1/T commercial pro~essional/transitional district. 2.2. ] 2.2.1. Permified use~. 1. Accounting, auditing and bookkeeping services (8721). 2. Automobile parking (7521 ). 3. Barber shops (7241 ). 4. Beauty shops (7231). ~.5_. Business services (groups 7311, 7313, 7322-7331, 7338, 7361, 7371, 7372, 7374-7376, 7379). 4:6--. Child day care services (8351). Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. AGENOA ITF. M MAY 2 6 I999 pg. /~--~ 6:.8--. Offices for engineering, architectural, and surveying services (groups 0781, 8711-8713). :7-,.9_ Health services (8011-8049). 8-.10. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). g,.11. Insurance carriers, agents and brokers (groups 6311-6399, 6411 ). 10.12. Legal services (8111). t .1.13. Management and public relations services (groups 8741-8743, 8748). t2.14. Miscellaneous personal services (7291). 13.15. Museums and an galleries (8412). 44:.16. Nondepository credit institutions (groups 6141-6163). 15.17. Photographic studios (7221 ). 18. Physical fitness facilities (7991 ). 19. Real estate (groups 6531-6541 ). 20. Shoe repair shops and shoeshine parlors (7251 ). 16.21. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. 2.2.15-.2.2. Uses accessory to permitted uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-1, C-1/T district. 2. Caretaker' s residence, subject to section 2.6.16. 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the commercial professional/transitional district (C-1, C-1/T), subject to the standards and procedures established in division 2.7.4. 3 M/:,Y 2 6 1999 1. Civic, social and fraternal associations (8641). 2. Depository institutions (groups 6011-6099). 3. Educational services (8211-823 1 ). 4. Health service (8011-8049) 5. Homeless shelters, as defined by this code. 6. Increased building height to a maximum of 50 feet. 7. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3. that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. the residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. the number of residential dwelling units shall be controlled by the dimensional standards of the C-l, C-1/T district, 'together with the specific requirement that in no instanc~ shall the residential uses exceed 50 percent of the gross floor area of the building cr *~'~ ~-~;*' .... ;,,~.~ .._.~. ,u~ g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; 4 MAY 2 6 1999 p~. /,.~" A minimum of 30 percent of the mixed use development shall be maintained ~ open space. The following may be used to satis~ the open space requirements: ~eas used to satis~ water m~agement requirements, l~dscaped ~e~, recreation ~eas, or setback ~eas not covered ~th imperious s~ace or used for p~king ~king lot isl~ds may not be ~ed ~ess existing native vegetation is maintained); The mixed co~erciaFresidential stmct~e shall be designed to e~ce compatibiliW of the co~ercial ~d residential uses t~ough such me~es as, but not limited to. mi~mi~ng noise ~sociated with co~ercial uses; directing co~erci~ lighting away ~om residential ~its; ~d sep~ating pedes~ ~d ve~cul~ accessways ~d p~ng ~eas ~om residential ~its, to the greatest extent possible. 8. N~sing ~d personal c~e facilities (8082). 9~ F~eral se~ice ~d cremato~es (7261 ). ~ 10. Religious org~i~tions (8661). 10. 11. Soup ~tchens, ~ defined by ~s code. I I. 12. Vete~n~'s office (0742), excluding outdoor ke~eling. 2.2.12.4. Dime~ional standar&. ~e follo~ng d~ension~ smd~ds shall apply in ~e C-l, C-I~ dis~ct. ~ere specific development criteria ~d smd~ds also exi~i in ~e Golden Gate M~ter PI~, I~o/ee M~ter PI~ or ~e ~e l~d use element of ~e Collier Co~ go~ m~ement pl~, ~ey sh~l su~nede ~y · less s~gent requirement or place ~dition~ requiremenB on development. 2.2. I2.4.1. Minimum lot area. 20,000 sq~e feet. 2.2.12.4.2. Minimum lot width. 100 feet. 2.2.12.4.3. Minimum yard requirements. 1. Front y~d. 25 feet. i~'~' ~ ~B s 2 G 1999 .I 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. Minimum yard requirement from any residentially zoned or uses property. 25 feet. 2.2.12.4.4. Maximum height of structures. 35 feet. 2.2.12.4.5. Minimum floor area of principal structure. 1,000 square feet for each building on the ground floor. 2.2.12.4.6. Maximum lot coverage. (Reserved.) 2.2.12.4.7. Floor area ratio. (ReServed.) 2.2.12.4.8. Minimum off-streetparking and off-street loading. As required in division 2.3. 2.2.12.4.9. Landscaping. As required in division 2.4. 2.2.12.4.10. Lighting. The maximum height of lights shall be 25 feet. Lights shall be located so that no light is aimed directly toward a property designated residential, which is located within 200 feet of the source of the light. 2.2.12.5. Signs. As required in division 2.5. ct n ._,......_ ..~ .... ..~.....~......_.~, ....__.... ......._.._ .~.... ~., ^r lc. ve! .e aer.'iee C pe=k hour -'-~ .... 2.2.12.6. Architectural and site desi~ stan~r&. ~l co~erci~ b~ld~gs ~d projects ~1 ~ subject to ~c pmvisiom of ~sion 2.8. AGENDA I'IT, M 2.2.12 LDC AMENDMENT/MM/md MI, Y 2 6 1999 6 ,,./.f ORIGIN: Community Development & Environmental Services AUTHOR: Ronald F. Nino DEPARTMENT: Planning Services LDC PAGE: 2.56 LDC SECTION: 2.2.12.4.3., 2.2.13.4.3., 2.2.14.4.3., 2.2.15.4.3. and 2.2.15~.4.3. CHANGE: Amend all commercial setback requirements to the same setback requirement. REASON: There does not appear to be any justifiable reason why setbacks for commercial zoning districts should vary by type of district. In particular staff is perplexed to find any reason why the C-4 and C-5 zoning districts justify a zero (0) or five (5) foot rear yard requirement. Further compounding this requirement is the fact that these sections do not advise the circumstances under which a zero (0) or five (5) setback applies. Additionally, we cannot justify the fact that a C-2 zoning district requires a twenty-five (25) foot side yard when all other side yards C~I, C-3, C-4 and C-5 allow a fifteen (15) foot sideyard, particularly given the fact that the potential height of the building is less than the C-3 or C-4 zoning district which allows a fifteen (15) foot side yard. Setback requirements ought to have some relationship to the height of buildings to be located on the property because the single most important reason for setbacks is to allow the sunlight to extend to the ground between building blocks. In the multiple family zoning districts this has been accomplished and the setback provisions are uniform for all multiple family districts. There is no reason why this should not also be the case for all the commercial districts. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amendment 2.2.12.4.3. Minimum yard requirements 1. Front yard - 25 feet 2. Side yard - ~ one-half of the building height as measured from each exterior wall with a minimum of fifteen (15) fe~. ,,_ 3. Rear yard - 15 feet AGEND A ITEM MAY 2 6 1999 2.2.13.4.3. Minimum yard requirements 1. Front yard - 25 feet 2. Side yard - ~ one-half of the building height as measured from each exterior wall with a minimum of fifteen (15) feet. 3. Rear yard- 15 feet 2.2.14.4.3. Minimum yard requirements 1. Front yard - 25 feet 2. Side yard - ~ one-half of the building height as measured from each exterior wall with a minimum of fifteen (15) feet. 3. Rear yard- 15 feet 2.2.14.4.3. Minimum yard requirements 1. Front yard - 25 feet 2. Side yard -~ one-half of the building height as measured from each exterior wall with a minimum of fifteen (15) feet. 3. Rear yard- 15 feet 2.2.15.4.3. Minimum yard requirements 1. Front yard - 25 feet 2. Side yard - ~ one-half of the building height ,as measured from each exterior wall with a minimum of fifteen (15) feet. 3. Rear yard - O-oF-5--fe~ 15 feet 2.2.15 ½.4.3. Minimum yard requirement 1. Front yard - 25 feet 2. Side yard - ~ one-half of the building height as measured from each exterior wall with a miniram of~Reen (15) feet. 3. Rear yard - 0-or--5-fe~ 15 feet AGENC)A iTEM 2.2.12.43. to2.2.15~.4.3. LDCAMENDMENT/RFN/md NO, ' 2 6 1999 ,-. ORIGIN: Current Planning Section AUTttOR: Ronald F. Nino, AICP, Planning Services Manager Susan Murray, AICP, Chief Planner DEPARTMENT: Planning Services LDC PAGE: LDC2:56 CHANGE: Add Local and Suburban Passenger Transportation, limited, as a Conditional Use in the C-4 zoning district to allow local and long distance bus stops in C-4 districts. This change will not allow a bus depot or station. REASON: The Current Land Development Code classifies a bus stop as part of an establishment whose primary use is to provide bus charter services and motor vehicle passenger transportation, including passenger terminals, maintenance and service facilities. There is a need to allow a bus stop as a secondary use in conjunction with other commercial uses as primary uses, separate and apart from a passenger terminals, maintenance and service facilities. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amend the Land Development Code as follows: 2.2.15.3. Conditional uses. 13. ~,~^,;~- -: ...... ~, ...... ~'~e:~x Local and suburban transit (groups 4111- 4121, bus stop and vanpool stop only). C 14. .Motion picture theaters (7833)~ 15. Pe_"mitted ~ Communication towers above sIn~ified height, subiect to section 2.6.35. 16. ~ .... t,:,~u ..... -~:__-~ ~,,, ,~,:~ ~^A^ Permitted use ~ less ~ 700 sq~e f~t of ~oss ~r ma in ~e p~nci~ mc~. 17. Soup ~tchens ~ defined by ~s code. 2.2.15.3 L~ ~~~md , i t..'.Z 2 1999 ORIGIN: Community Development & Environmental Services AUTBO R: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE: 2:58.1 L1)C SECTION: 2.2.15½ Heavy commercial district (C-5) CHANGE: Change reference to building height in section 2.2.15½.4.3.1 from 50 feet to 35 feet. REASON: To clarify front yard requriement. FISCAL & OPERATIONAL IMPACTS: None RELATED COI)ES OR REGULATIONS: None 2.2.151/2. 4.3. Minimum yard requirements 1 Front yard 25 feet., 2.2.15~. LDC AMENDMENT/RG/md ORIGIN: Community Development & Environmental Services AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE: 2:59 LDC SECTION: 2.2.16.2.1 Industrial district (I) CHANGE: Add, as a permitted use, miscellaneous repair services (groups 7622-7699) with no associated retail sales. REASON: Many miscellaneous repair services, including, but not limited to boiler repairs, engine repairs other than automotive, motorcycle repairs, farm machinery. repairs, and septic tank cleaning, are at least as appropriate to industrial zoning as to C-5 (heavy commercial). The change would allow a broader range of repairs, while prohibiting these businesses from expanding into retail sales. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.2.16.2.1. Permitted uses 1. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722- 0724, 0761, 0782, 0783). 2. Apparel and other finished products (groups 2311-2399). 3. Automotive repair, service, and parking (groups 7513-7549). 4. Building construction (groups 1521-1542). 5. Business services (groups 7312, 7313, 7319, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). ""' 6. Communications (groups 4812-4899 including communicatioE" .... ~,'~g_.NS~'A ~T~M to specified heights, subject to section 2.6.35). uo. c;~ MAY 2 G 1999 7. Construction--special trade contractors (groups 1711-1799). 8. Depository and nondepository institutions (groups 6011-6163). 9. Eating places (5812). 10. Educational services (8243--8249). 11. Electronic and other electrical equipment (groups 3612--3699). 12. Engineering, accounting, research, management and related services (groups 8711--8748). 13. Fabricated metal products (groups 3411--3479, 3491-3499). 14. Food and kindred products (groups 2011--2099 except slaughtering plants). 15. Furniture and fixtures (groups 2511--2599). 16. Heavy construction (groups 1611--1629). 17. Health services (8011 accessory to industrial activities conducted on-site only). 18. Industrial and commercial machinery and computer equipment (3511--3599). 19. Leather and leather products (groups 3131 --3199). 20. Local and suburban transit (groups 4111 o4 173). 21. Lumber and wood products (groups 2426, 2431 --2499). 22. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812--3873). 23. Membership organizations (groups 8611,8631 ). 24. Miscellaneous manufactming industries (groups 3911--3999). 25. Miscellaneous repair services (_groups 7622-7699) with no associated retail sales. 25.26. Motor freight transportation and warehousing (groups 4212, 4226 except oil and gas storage, and petroleum and ch stations). 2 MAY 2 6 1999 --- 26.27. Paper and allied products (2621--2679). 27.28. Personal services (groups 7211--7251, 7291). 22.29. Physical fitness facilities (7991). i~g:.30. Printing, publishing and allied industries (groups 2711--2796). 30.31. Railroad transportation (4011,4013). 31.32. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 32.33. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--3273, 3275, 3281). 22.34. Textile mill products (groups 2211--2221, 2241--2259, 2273-2289, 2297, 2298). 2~..35. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 35.36. Transportation by air (groups 4512-4581 except airports and flying fields). 26.37. Transportation services (groups 473 1--4783, 4789 except stockyards). 37.38. United States Postal Service (4311). 22.39. Welding repair (7692). ~)-:40. Wholesale trade--durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094--5099). ~.0.41. Wholesale trade--nondurable goods (groups 5111--5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district (5192--5199). 4 ! ?.2. Any other use which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the district. 2.2.16. LDC AMENDMENT/RG/md ~ AGENDA ITEM No. c:>x° ! 3 t, AY 2 6 1999 ORIGIN: AUTHOR: Kevin Hendricks DEPARTMENT: Real Property Management Department LDC PAGE: 2:76 and 2:235 (same language both pages) LDC SECTION: 2.2.20.3.7 and 2.7.2.8.1 (same language both pages) CHANGE: Replace both sections in their entirety with new provisions that more comprehensively deal with the dedication of land for a pubic purpose and the manner by which that land is valued for purposes of impact fee credit. REASON: To clarify the intent of the several impact fee ordinances with respect to impact fee credits which may be available in return for property dedications and/or conveyances; and to establish a consistent formula for calculating the dollar amotmt of such credit. The proposed change also seeks to clarify the developer's responsibilities with respect to the actual transaction itself, i.e., who does what, who pays for what, and how much time is allotted to each party to perform its duties. Most importantly, the proposed changes seek to establish the formula for calculating the value of any impact fee credits which may be awarded. Rather than each proposed petition containing different language with respect to time frames for conveyance and dedication, and method of calculating the dollar amount of impact fee credits, and the _time frames for the parties to the transaction, it is recommended that all future rezone petitions and ordinances will simply stipulate the particular dedication and/or conveyance required and state that it shall be made in accordance with the provisions of Section 2.2.20.3.7 of the Land Development Code. The Florida constitution provides that private property shall not be taken for public use without full compensation. In addition to providing a consistent structure to the dedication/conveyance and impact fee credit process, the proposed changes represent an attempt to provide compensation to developers for the actual loss occasioned by the dedication and/or conveyance of private property for public use. FISCAL & OPERATIONAL IMPACTS: Adopting the proposed changes will clarify the responsibilities of the parties and will eliminate confusion and duplication. Requiring the developer to be responsible for securing the necessary releases and subordinations will save the County time and money. Presently, many financial institutions charge between $150 and $250 to process each request for execution of releases and subordinations. Requiring the developer to be responsible for the cost of title work will save the county time and money. MAY 2 6 1999 pg._ Adding the provisions allowing the County to sue for specific performance puts all parties on notice as to the consequences of a failure to comply with a mandatory developer commitment. Requiring developers to provide properly executed conveyance instruments and appraisals prior to bringing developer contribution agreements to the Board of County Commissioners will allow the Real Property Staff and the County Attorney to review same and provide advice and recommendations to the Board before it enters into binding commitments. . Requiring developers and their projects to accommodate the historical stormwater flow across and through their properties at their own expense prevents diverting the burden of treatment and/or management of said flows to neighboring property owners and/or to the public. RELATED CODES OR REGULATIONS: Code of Laws and Ordinances of Collier County, Florida, Chapter 74, Impact Fees, Collier County Ordinance Nos. 92-22, 92-29, 92-30, 92-33, 92-91, 92-92, 92-94, 92-95 and 92-96. 2.2.20.3.7. Dedication of the public facilities and development of prescribed amenities. Public Facility Dedication. ~'~ :.^~..4 ~c ..... , ..... ;~; ........... a 2 MAY 2 6 1999 pg. The Board of County Commissioners may, as a condition of approval and adoption of the rezoning, require that suitable areas for streets, public right-of- way, schools, parks, emergency medical services and Sheriff substations, fire stations, master utility repump stations, and other public facilities intended to serve the public at large and not just for the benefit of the property being rezoned .. be set aside, improved, and/or dedicated for public use. When developer commitments include real property_ conveyances (land and/or easements) to a public entity, such conveyances must be free of all encumbrances which could cloud title to the property or result in the extinguishment of the public entity's interest. Within 60 days of request by County, a developer may elect to provide the Collier County Real Property Management Department with either an up-to-date title commitment and subsequent title policy pertaining to the conveyance, naming Collier County as the proposed insured, or an Attorney's Opinion of Title. Should the developer elect to provide the County with a title commitment, the developer shall be responsible for all costs including all search expenses and policy premiums. Within 90 days of being provided conveyance, release and/or subordination documents by County, or such other time period the Board of County Commissioners may authorize by ordinance, the developer shall return said documents, fully executed by the appropriate parties, ready for acceptance by the Board of County Commissioners and subsequent recording i/i the public records of Collier County, Florida To the extent that impact fees are collected by Collier County to provide for public facilities and services, credits off-setting said impact fees may be provided by the County in return for the required dedication of land for public use. Conveyance of a fee estate in said lands shall not operate to reduce the gross acreage under ownership for purposes of density calculation. The dollar amount of a potential impact fee credit due to the developer as a result of the donation of a fee estate in land to Collier County shall be the lesser of the following: ~' ;{,~i,i~b'~im 3 t,.:/,:'/2 8 1999 ~ Pg. , (1) The price per acre or price per square foot the developer paid for the property (if purchased within the 2 year period immediately preceding the effective date of the initial rezone action and/or development order requiring such conveyance) multiplied times the area conveyed to the CounW; or (2) The market value of the land conveyed to the County as of the date immediately preceding the effective date of the initial rezone action and/or development order requiring such conveyance, as determined by an appraiser from the then-current List of Approved Appraisers adopted by the Board of County Commissioners. In the event the developer chooses to select the appraiser from the County's List of Approved Appraisers, the developer must notify_ the County within 10 days of the developer's notice to proceed with the appraisal assignment. The developer's notice to proceed with the appraisal assignment shall include notification to the appraiser that Collier County is appraiser's co-client along with developer. County shall have thirty_ (30) days to review and approve the appraisal report. Fees for appraisal services shall be paid for by developer. Developers may be eligible for an additional impact fee credit equal to one half (1/2) of the appraisal fee. Prior to any petition by developer to enter into a Developer Contribution agreement with Collier County, or any other agreement which may grant impact fee credits, developer must provide County with either the appraisal report referenced above, or a copy of developer's purchase agreement and deed for the property. Should developer commitments include the requirement that developer construct improvements for the benefit of the general public (as opposed to the benefit of the development), such improvements must be completed on or before the date the phase of the development containing such improvements is presented to the Board of County Commissioners for acceptance~ and the acceptance by the Board of said phase of the development shall include an acceptance of said improvements. For purposes of this Section, "County" and "Collier County, a political subdivision of the State of Florida~" The Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-ofiicio the governing board of the Collier County Water Sewer District," and any and all independent governmental districts including those of the State of Florida which may properly exercise jurisdiction over land and/or easement convev~ made pursuan~ tO the stipulations and developer commitments contained in any rezone ordinance and/or development order. "Proposed Development" ~hall mean the property legally described in the Rezone Petition. AGF. NDA ITEM MAY 2 6 1999 All dedications, conveyances and related developer commitments required of the developer as a condition to the approval of the rezone petition and adoption of the zoning ordinance shall be deemed contractual in nature, and may be enforced by suit for specific performance or other appropriate relief. All costs, including reasonable attomey's fees shall be awarded to the governmental entity if it prevails in such suite. 2.7.2.8.1. Dedication of the public facilities and development of prescribed amenities. Public Facility Dedication -n.. ~.~..4 ^e ..... , ..... ;~o; ........... a ~.~_A;,;~.. ~,c ........' ~ d ti PUD ..... : ....~: t,~e rezcmng attica, ~ dete,,,~i,~cd ' ~ accredited appraiser ,~c,,m pro MAY 2 6 1999 The Board of County Commissioners may, as a condition of approval and adoption of the rezoning, require that suitable areas for streets, public right-of- way, schools, parks, emergency medical services and Sheriff substations, fire stations, master utility repump stations, and other public facilities intended to serve the public at large and not just for the benefit of the property being rezoned, be set aside, improved, and/or dedicated for public use. When developer commitments include real property conveyances (land and/or easements) to a public entity_, such conveyances must be free of all encumbrances which could cloud title to the property or result in the extinguishment of the public entity's interest. Within 60 days of request by County, a developer may elect to provide the Collier County Real Property Management Department with either an up-to-date title commitment and subsequent title policy pertaining to the conveyance, naming Collier County as the proposed insured, or an Attorney's Opinion of Title. Should the developer elect to provide the County with a title commitment, the developer shall be responsible for all costs including all search expenses and policy premiums. Within 90 days of being provided conveyance, release and/or subordination documents by County, or such other time period as the Board of County Commissioners may authorize by ordinance, the developer shall return said documents, fully executed by the appropriate parties, ready for acceptance by the Board of County Commissioners and subsequent recording in the public records of Collier County, Florida. To the extent that impact fees are collected by Collier County to provide for public facilities and services, credits off-setting said impact fees may be provided by the County in return for the required dedication of land for public use. Conveyance of a fee estate in said lands shall not operate to reduce the gross acreage under ownership for purposes of density calculation. The dollar amount of a potential impact fee credit due to the developer as a result of the donation of a fee estate in land to Collier County shall be the lesser of the following: (1) The price per acre or price per square foot the developer paid for the property (if purchased within the 2 year period immediately preceding the effective date of the initial rezone action and/or development order requiring such conveyance) multiplied times the area conveyed to the County; or (2) The market value of the !and conveyed to the County as of the date immedlately preceding the effective date of the initial rezone action and/or development order requiring such conveyance, as dete~ ~naeutmlw=u s 'l 2 6 1999 appraiser from the then-current List of Approved Appraisers adopted by the Board of County_ Commissioners. In the event the developer chooses to select the appraiser ~'om the Cottnty's List of Approved Appraisers. the developer must notify_ the County_ within 10 days of the developer's notice to proceed with the appraisal assi_m'ffnent. The d~V~loper's notice to proceed with the appraisal assi_tmment shall include notification to the appraiser that Collier County_ is appraiser's co-client along with developer. County_ shall have thirty_ (30) days to review and approve the appraisal re?_ ort. Fees for appraisal services shall be paid for by developer. Developers may be eli~ble for an additional imnact fee credit equal to one half (1/2) of the appraisal fee. Prior to any petition bv developer to enter into a Developer Contribution a~eement with Collier Coun_ty. or any other a_m'eement which may _re'ant impact fee credits. developer must provide County_ with properly executed conveyance. release and/or subordination instruments. and either the appraisal report referenced above. or a copy of developer's purchase a~eement and deed for the property. Should developer commitments include the requirement that developer construct improvements for the benefit of the general public (as opposed to th~ benefit of the development). such improvements must be completed on or before the date the phase of the development containing such improvements is presented to the Board of County_ Commissioners for acceptance: and the acceptance by the Board of said phase of the development shall include an acceptance of said improvements. For purposes of this Section. "County" and "Collier Coun.ty. a political subdivision of the State of Florida." The Board of County_ Commissioners as the governing body of Collier County_. Florida and as Ex-officio the governing board of the Collier County Water Sewer DisU'icL" and any and all ind_ependent governmental districts including those of the State Of Florida which may properly exercise jttrisdiction over land and/or easement conveyances made pursuant to the stipulations and developer commitments contained in any rezone ordinance and/or development order. "Pronosed Development" .qhali mean the propen'y legally described in the Rezone Petition, All dedications. conveyances and related developer commitments rea. uired of the developer as a condition to the _approval of the rezone petition and adoption of the zoning ordinance shall be deemed contr~.hml in rtnmre. and may be enfore_nl by suit for _specific performance or other __a~3Amri_'ate relief. ,till costs. including reasonable attorney's fees .qhall be awarded to the ~,overnmental en~_ty if it nrevails in such suite, ..7 AGENDA ITEM 2.2.20.3.7 & 2.7.2.8.1 LDC AMENDMENT/K. Hendricks/md ;! No._ ! 2 1999 7 ORIGIN: Current Planning AUTHOR: Chahram Badamtchian, AICP LDC PAGES: 2:114.2-2:114.40 LDC SECTION: 2.2.27. CHANGES: Delete Marco Island Overlay from the LDC. REASON: Marco Island is an incorporated city with their own Zoning Code and is no longer under the County jurisdictions. FISCAL AND OPERATIONAL IMPACT: None. RELATED CODES AND REGULATIONS: None. Amendment to the LDC as follows: D,;J ..... :,i. ..... A ~_A ~i...4-,~___ +k~ ('!..14:' ,~4:' Ika_~;~ +.. +L.~ .... --, aC~,~n__k^~ ._A t~ .... k~,, Dn,, ,~ ,k ..... ,k ,~,-,A D;~ hA' .... Dn~ ,~ ,1.,~ _~,.-~k .... + D:~ p!~.~; ~x^_,^ D~^K e,,t,A;..;~;^_ It_:,,, ': ,h .... ~ ~ ~¢ 2~ ~n -r~ ,._,4 /"nil:-- /";*.-- ~,,.1,__.tl..:'..:.~..n. ,..__.J AI..i lkJ'=_-=~ 'tl;ll.,__ ~..'k4.;.,.:.;~ [^a.i~ "AIA p!a*-"-~ c ..... Ca:,,,..,, e,,,.,,-,:,,;~;^_ ~ ........,,..:^_ ,~ -. 2nd P,c .................................. e 1 ,',Y 2 6 1999 u:,~ ........~' PUD. The areas ;-~s,,,~,~ in t~,~ .... t~_,~ Zc:,2n~ Over!a-' .... ~ ........................e ....zon:ng d= nation. ..... ~,,; ....~ ........*-+;--- ccnmined in +~; ......; ....h.n 2.2.27.5. v ..... ~_,_; ......... ~ ............All cj ha'An" ~ ........ v ........6 ................... pr eels ~ .....~ ..... a .... site 222761 ..... ~---b AGF..NDA ITEM 2 MAY 2 6 1999 P~._ 3-7 . . ........... c,r more cf street ,,,~,,,,,,,o 4, Mzri.,-x::= &,':sir, v c ....dv'e!!:_n s / , ,,_ g units per ...... A"""U'6" """'*"'* ....... dm .... "0""""' L ..... , ,,.,v..j 4 NAY 2 6 1999 A;,-,+,.;.~t ..... + ,h,, ~;v~A .... A .... 1 ..... · ;o _,~;~-+~A o,l-,;~, t..-- +1-. ...... accezzoD' and incide::ta! tc multi fmmi!y d;;'e!!i::gs, ~ Frcvided for in section u.~ ,..,v · Si,~ yard.' Zero Mixed usv.' set r^.-+. i tic :,ha!! ka;'e zep-'-.-ate , AGENDA ITEM 7 ~ V,/,':' 2 ~ 1999 may .................. r ..... , ........ L;_~ solid waste ;__. o,,v; ....... required t~ suppc~ '~'~ ~" *"~f ' ' ~f +k;o ~__ All , .... n.A ot.-~h A~A MLY 2 6 1999 ") ") "')'7 "? I ") ") '2 I"' ...... ;,I .-I~,; .... ;..I~I; .... ~,,k;~, +~ ,ka ..... ;~;~,-,.-, r~ l'~;,,;~;~__ ") e "') "~ '1'7 '7 I ") 2' lJ .... T ~b~ 0,.I, 1'~;~,,.;~ TI,,~ '&. A' .... r ~b~ (2,,k B; ~h-;,-,, ;-C I~+~A ~A; .... + +~ ~.,,,~,., .,.,..~. .,_,.4, ~,..- ~_,~ ,j,,,~ ,..-,,,,, ,~,. ,,,.~,~ ~,, k,,u~ .,..,.,~,,,- ,~,~v~ ,--.*j_~---,- AGENDA n~r.M No..c~ .. 9 M~'/2 iS 1999 pJ.. ~et fc:~,,h in ~ection ~ 2.2.6.2.2 _r thi~ Code, ad:acent to the east side located within *~ ~;~*; 2.2.2'~ '~ ~ .2.A 'Pcr,,-:ittcd, co,':d!tlc:w.! -'-,:d acccssc.,'7 uses. As .__:._A ~, c^.-,h ;., ectio ~ '~ -v~ -~ , ~c ,u;~ Cod All ....................... F ....... S.*,.~T; r .' ~ Cc, m,,'7:crcial ::sos. The de:'elc-ment stand&talc ---.,1 ......r ......................... ~,-,il,., b.:.~'*--; ....,4,,,;,,,. 12 un:.ts per ................... .,, ~ Cc,==crcial :=cs. ........ 6 .... C USES, aS ,~ *~ ......; ......... ~ d i Code; _,,m+;_m~ ~;+~ ~id d ~ Di i i 2 3 _t ,~:, p~_ c_, h pk~g 13 ~ b:;','; 2 G 1999 14 ..... 2: 1399 ....... """6"' '-' ....... "' """" '-'* .... "-". '-,',' "~--""*'.--. "'-' ".-"-' t.''-~'''-'-'','-''-'''' ""'-*"-' ""'~ ""'-'- --. ....... --.,,-, 1-,~,.;,.,~,,,.,, ,.-,,~,..,,. ,.,,,,-3 ,.~,,., ,~,~,,~o., ,,.,~ ,.,.-,,.- -,-.,-- -.,,-,,**,. --.-,-,.,. ,.., ,u,, .......... arc .... g .................. : ......... ..,, st:re. -n,_., prcvisions m-%,' include, but are not U__:,,A to *~- ere=ion f,-,ll .... ;~. -,~ ........................ ~ ......~ ~stc~c stractures or sites may in ; ....... ;~, A ....: .....* St==d~dS, ;_M..A;_, re Hired .... A .... b; .... A 2.2.27.7.2.1 ~ o .... ;,.4 __,~ .... 2 .... ;~_ tt ...... ; ...... A ........ ! Of~ ~CtO Or ~, , ~ rD ...... L"""' .... ,,_. j 2.2.27.19. ~ I AGENDA IT'EM 16 ] b',AY 2 6 1999 ~.~.~ , . · v.~. · . ~,6,,~ ,,, · ~,~,,,,~, ~,~,, ,~,~. SL'e~t ,&C,~ta~, ~d s,~al! not requ re a ~ ........ ;+ ~;_,~, ff sit CO~p~}' or ~ ~.~ ..... t.,'..:.','2 5 1999 Pg- ......... h.,, ~:,h~, h ....h:,~ or black ................... ~ ............... ~, ....J .... j .... e,,~ color; _~ v ....... ,h~ .;~. e ....... ;.~,..A. ,h~ A;,.,,, ....c , ......h;~h ;.~,..A~ !til ...... ~, ..........J ..............F--j -- a ,,,~, .........may ........mu '- e 1"' s:. ~.%:bF.c.~.' Sa~d signs may ~% placsd at the prcF--~' llne, ,however, in nc case 18 t:/U;2 Z 1999 real estate in t,he state, or _,~A ~, p ~ny hiCh a ..............s:gn .......... multi-l= ,~C, ENDA ITEM i t,:.¥,'2 6 1999 ...... !1 ,-,., .... A ,.;~ _^+ +^ ~,-__J '~") ..... .,~ .¢'_^+ f"^~ 1^+ ~11__; .... ;__Z.t;h,+;~__, ~,'~;A ,; .... i.,.11 __~+ ~ ;il,,~;__~+~A , .: _>-'.;.~ , 2o ' .... 2" {999 s,h~l suc,h sign be located :r,,"cted cn ----ny ncn residential ,k,,ll ~ I~,,.,+_A ;_ +1,.,_ .C-,-.~_+ be. ,.~.v; .... hci-h:: Six feet a~ measured ~.. Color.' The ccp:,' side cf a cc,nsumcticn sign s a ................... ~ ....: ~ 2.2.27. !0.2.2.3.2. Pcr,,-:i::cd 4= XT .....,, ......A ......... ' g ig hall ..... A 111,11 ,:~, t ..... !+: +__^__+ 1---:1A1,,, ~h,'dl 1.~ ,-_:_~.o .,_ .,-_ k..:,a:__ t^^^a. fc.r ~e top c.~d ~J! c'~er prc;'is!__,n: of t,~'js Ccde. AGENDA IVEM 22 MAY 2 6 1999 ...... A ............. :., o; ........ A 15 percent of ........ , .... t'.,, .......... b °'e,---' ,T, ay not square fcstage ~c .~.~ visual C~.A~ Of *~'~ building, in .;.~ ..... ~...;~A; ...... .~. .... ;. in the case of ,-,,,,h; t, ...... not ® ...... A ig ....... ~,~, ....... t;;'o such s t_, o;_,,, a;,_,+,_, · is 100 ,,,, a ....e, .......... J s:gn square "} ~ ~'~ 1 a ~ ~ A ,V~,=CC,;:.fC;',~.i=- 2.2.27.!9.2.2.4.2. A!! ct,t:.er =ig,':s. Existing s:.gnz w,hic,h were ..................... r ....... 6 '-s ......................... purpose DT T1"1 .... h,A,A ~i~ .... 2.2.27. l ! .4. · 1, ....r , ....;~"'" or ......, may be p ..... prcm:ses ........... i _~,b.A ~_ ,K. · ~r churchcL clinics, k .....A c .....;A~_t;M ~CU~Cy. 2.2.27.12.1. ,~,~_.d .... '~17;,1..;_ ,1,~ ~/[ ....I~i~_..4 7~,;,, n ....~ ....1," re_---_, "mixed use" means ICe d "';+1,;" *1,~ 2.2.27 LDC AMENDMENT/CB/md ' f,:.~,';' 2 S 1999 28 ORIGIN: Community Development & Environmental Services AUTHOR: Ronald F. Nino DEPARTMENT: Planning Services LDC PAGE: LDC - 2:118 LDC SECTION: 2.3.4.1 1.4 CHANGE: To amend provisions of the automobile parking section to allow BCC approval of a parking lot where said property is immediately contiguous to an existing or proposed structure requiring off-street parking. REASON: As a result of a recent revision to the FLUE where Commercial Under Criteria provisions were replaced with an Office and In-fill Commercial subdistrict a unintended side effect was to eliminate the possibility of rezoning property to C-1/T on a local street even through the lot is contiguous to commercially zoned property and even though the purpose was only to allow a parking lot to serve the commercially zoned property. Provision of the off-site parking section required off-site parking to be consistent with the FLUE unless amended as herein proposed to allow an additional criteria of contiguousness to a facility requiring parking with approval of the Board of County Commissioners. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. 2.3.4.1 1. Local requirements. 1. All required off-street parking facilities shall be located on the same lot they '- serve or may be located on another lot under the same or different ownership, provided: a. The lots are contiguous or would be contiguous except for a roadway that is to designated as a collector or arterial in the traffic circulation element of the growth management plan.; and b. The lot proposed for parking permits parking facilities or the same or more intensive land uses than the lot on which the principal structure is located, or the locational requirements for commercial uses identified in the future land use element of the growth management plan can be met. or fallin~ to meet these two reouirements an atmlication may b mad~Et~D^ to use property_ for employee or customer automobile parking when the proposed parking facility_ is immediately contiguous to the property_ it is intended to serve. Such requests may be approved by the Board of County_ Commissioners following a recommendation of the Collier COun_ty Planning Commission pursuant to Section 2.7.2 of the land development cod~; and c. That in the case of off-site parking facilities proposed to be located on a lot or lots not under the same ownership as the lots on which the business or use said parking is intended to serve is located, such off-site parking may be approved as follows: 1, Subject to the procedures set forth in Section 2.3.5 of this code; or 2. When off-site parking is located on property contiguous to the property on which the business or use it is intended to serve is located and is in excess of the minimum amount of parking required pursuant to section 2.3.16 of this code. 2. Where off-site parking cannot be approved because the properties are not .--. contiguous as described above, the community development services . administrator, after review of a site development plan submitted in accordance with division 3.3 may allow some required parking to be located off-site provided: a. All of the lots are under the same ownership; b. No off-site parking space is located further than 300 feet from the building or use they are intended to serve, measured by the shortest feasible walking distance, unless special circumstances exist under section 2.3.4.11.5; c. The lots are not separated by an arterial roadway as designated in the traffic circulation element of the growth management plan; d. At least 67 percent of the required parking for the development is located on the lot with the principal structure unless special circumstances exist under section 2.3.4.11.5; e. The lot proposed for parking permits the same or more intensive land uses than the lot on which the principal structure is located or is commercially zoned. ..... AGENDA on the 2 following review criteria: a. The proposed off-site parking facility, including its ingress and egress, is safe and convenient for motorists and pedestrians; b. The proposed off-site parking facility does not adversely impact the character and quality of the neighborhood nor will hinder the proper future development of surrounding properties; and c. Approval of the petition will not create parking problems for any neighboring property. 4. Where off-site parking cannot be approved because the properly is located in an agriculturally or residentially zoned district, an application for off-site parking approval may be submitted and shall be processed in conjunction with a site development plan, pursuant to division 3.3. The procedural requirements set forth in section 2.7.5 of this code shall be followed in the review and approval of off-site parking petitions. The board of zoning appeals, after review and recommendation by the planning commission, may approve the request, provided: a. All of the lots are under the same ownership; b. No off-site parking space is located further than 300 feet from the building or use they are intended to serve, measured by the shortest feasible walking distance, unless special circumstances exists under section 2.3.4.11.5; c. The lots are not separated by an arterial roadway as designated in the traffic circulation element of the growth management plan; d. At least 67 percent of the required parking for the development is located on the lot with the principal structure unless special circumstances exist under section 2.3.4.11.5; e. The off-site parking will serve an existing structure or land use; f. Where off-site parking is proposed for commercial uses, all of the lots proposed for off-site parking shall meet the locational requirements for commercial uses as identified in the future land use element of the growth management plan or are designed to serve water-dependent and/or water- related uses as described in the urban residential subdistrict of the future land use element of the growth management plan except as othexwise permitted under 4f; and 3 M/,,v 2 S 199S Mitigation shall include, unless specifically determined by the board of zoning appeals no to be necessary: 1 ) No vehicular egress shall occur on local streets opposite of residential homes or within the building lines of unimproved single-family residentially zoned property; 2) Lighting shall be shielded, pointing downward, and not over 20 feet in height so as to prevent glare upon all neighboring residential properties; and 3) A 15-foot-wide landscape buffer strip shall be provided around the entire perimeter where it directly abuts residentially zoned property. Six-foot-high architecturally finished wall, fence, hedge, or berm combination and ten-foot-tall shade trees spaced no more ihan 20 feet apart on center shall be required. The board of zoning appeals may reduce the six-foot-high screeing requirement to four-foot-high within front yard setback areas. 2.3.4.11.4 LDC AMENDMENT/RN/mk AGE. NDA ITEM MAY 2 6 1999 I::'~ ~..._,(o...-,,~ ORIGIN: Current Planning Section AUTHOR: Raymond V. Bellows, Principal Planner DEPARTMENTS: Planning Services LDC PAGE: 2:132 LDC SECTION: 2.3.16.1 CHANGE: Delete the limit on bicycle parking spaces that is currently calculated at ratio of 10 percent of the required number of vehicular parking spaces and replace it with a maximum total of 15 bicycle parking spaces. Eliminate the ability to substitute up to five percent of the required vehicular parking spaces when providing additional bicycle parking on a five-to-one basis. Modify the bicycle paving requirement to allow the bicycle spaces to be surfaced with the same or similar material as the vehicular parking lot. REASON: The intent of the bicycle parking criteria for non-residential developments is only to provide sufficient parking for the existing bicyclists that can reasonable be expected to use the facility. Since the percentage of bicyclists do not increase at a constant ratio versus the size of a building, the provision of bicycle parking at a ratio of five percent but not to exceed ten percent of the parking requirements for motor vehicles becomes excessive for structures over 75,000 square feet. For example, a retail building that is 75,000 square feet in size requires 300 vehicular parking spaces and 15 bicycle spaces. The 15 spaces can be increased by substituting up to 5 percent of the required motor vehicle parking by adding bicycle parking on a five-to-one basis with a maximum ratio of ten (10) percent of the required vehicular parking. Under this scenario, the bicycle parking'requirement would double to 30 spaces. Furthermore, a 150,000 square foot building under the current maximum would allow 60 bicycle spaces while the proposed change would only require 15 spaces. FISCAL & OPERATIONAL IMPACTS: Approval of this amendment would save large commercial and industrial business the expense of providing paved but unused and unnecessary bicycle parking spaces. This amendment is also anticipated to reduce the time spent by Code Enforcement staff inspecting sites that have removed the unused bicycle racks. RELATED CODES OR REGULATIONS: The Collier County Comprehensive Pathways Plan. Amend the LDC as follows: 2.3.16.1. Bicycle Parking for Non-residential Developments. 1. Provisions for the safe and secure parking of bicycles shall be furnished at a ratio of five percent of requirements for motor vehicles pe ~ec.A~,c4qOkn'D,n MAY 2 6 1999 but not to exceed a ................... ,~ ............... 15 total bicycle parking spaces. A minimum of two bicycle parking spaces shall be provided. 2. A bicycle parking facility suited to a single bicycle ("parking space") shall be of a stand-alone inverted-U design measuring a minimum of 36 inches high and 18 inches wide [of 1½ inch Schedule 40 pipe per ASTM F 1083] bent in one piece ("bike rack") mounted securely to the ground [by a 3/8 inch thick steel base plate per ASTM A 36] so as to secure the bicycle frame and both wheels. 3. Each parking space shall have a minimum of three feet of clearance on all sides of the bike rack. 4. Bicycle spaces shall be ~ surfaced with the same or similar materials approved for the motor vehicle parking lot, lighted and located no greater than 100 feet from the main building entrance. 5. Extraordinary bicycle parking designs which depart from the bike rack standard but are in keeping with the development's design theme shall be considered by the County architect. Bike racks which function without ,.,_ securing the bicycle frame, require the use of a bicycle kick stand, or which may be freely reoriented are not allowable. allowable b~' providing additional bicycle p~king on a 2.3.16.1 .. LDC AMENDMENT/RB/md AGENDA ITEM No. C~ MAY 2 G 1999 ORIGIN: Current Planning AUTHOR: Chahram Badamtchian, AICP LDC PAGES: 2:137-2:138 LDC SECTION: 2.3.24. CHANGES: Delete standards for parking within the Marco Lake Drive Business District (MLDBD). REASON: Marco Island is an incorporated city with their own Zoning Code and is no longer under the County, jurisdictions. FISCAL AND OPERATIONAL IMPACT: None. RELATED CODES AND REGULATIONS: None. Amendment to the LDC as follows: 2.2.24.1.1 ........ 6 uses. Uses in AGENDA ITEM No. ~,~ i t;t Y 2 6 1999 or new consL~c on ................. on .... disabled as p ....... for ~n section ...... of 2.3.24. LDC MVIE~DI~EN'T/CB/md ORIGIN: Community Development & Environmental Services AUTHOR: Nancy L. Siemion DEPARTMENT: Planning Services LDC PAGE: 2:138 LDC SECTION: 2.4.3.1. CHANGE: Add Florida Certified Landscape Designer as an individual who is qualified to submit SDP Landscape Plans REASON: Staff was directed by the Board of County Commissioners on January 27, 1999 to proceed with this amendment. We have been advised by legal staff that this amendment could be a violation Florida Statutes Chapter 481, Part 2, Section 481.303 and 61 G10-15.002, as presently worded. These sections state that tangible objects and irrigation systems may only be designed by licensed professionals such as Landscape Architects. Tangible objects that are required by code to be shown on a SDP Landscape and Irrigation Plans include: irrigation, fences, screen walls, benches and planters, drainage swales, berms, lighting, curbing and signage. Staff has requested information from the Florida Landscape Designer Association regarding qualifications of testing agency, testing procedure and ability to verify certification of individuals. As of March 20, 1999, we have received no response. Consequently, staff is unable to determine if the Landscape Designer Certification exam tests commercial, industrial and multi-family residential projects typically reviewed during the SDP process. In addition, we have no method of verifying who is a certified Landscape Designer. FISCAL & OPERATIONAL IMPACTS: This proposed change will not have a fiscal impact to Collier County. However landscape plans that are not reviewed by a Landscape Architect (signed and sealed) do require additional staff time to review. This does have a fiscal impact as substantially more time is require to review such plans. RELATED CODES OR REGULATIONS: None. Sec. 2.4.3. Procedures 2.4.3.1. Landscape plan required Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section shall submit a landscape plan to the planning services director. The landscape plan shall bear the seal of a Landscape Architect registered in the State of Florida, Or the stamp of a Florida Certified Landscaoe Designer. The landscaping require~ family, two-family, and mobile home dwelling units shall be sl-3wn . _r~ - building permit plot plan. This plan is not required to bear the seal of a landscape architect. The landscape plan shall be drawn to a suitable scale, include dimensions, north arrow, date, title, project owner's name, delineate the existing and proposed parking, vehicular use areas, buildings, access points, and roadways, show all utility lines or easements, and show the location of existing and proposed planting areas and vegetation communities and designate them by species name. The code required landscaping shall be highlighted or indicated on the plan to differentiate from the applicant's provided landscaping that is in addition to that required by this code. Design creativity is encouraged so long as it meets the intent of this code. The plan shall show the location of permanent vegetation protection devices, such as barricades, curbing, and tree wells. The plan shall also include a chart indicating graphic plant symbol, botanical and common name, quantity, height, spread, spacing, native status, drought tolerance rating (as defined by "Xefiscape Plan guide II" published by South Florida Water Management District, West Palm Beach, FlOrida) and type of mulch. The plan shall show tree and palm staking details per accepted industry practices and standards. In addition, a tabulation of the code. 2.4.3.1. LDC AMENDMENT/NS/md " AGENDA ITEM ! 2 6 1999 ORIGIN: Current Planning AUTHOR: Chahram Badamtchian, AICP DEPARTMENT: Planning Services LDC PAGES: 2.153-2.167 LDC SECTION: 2.5. CHANGES: Staff is proposing an amendment to the Sign Section of the LDC to delete some code duplications and accent lighting, to add the requirements for unified sign code and sign for automobile services stations to the Sign Code. REASON: Accent lighting is not in keeping with the traditional Naples character. Adding the requirements for the unified sign code and the signs requirements for automobile service station is intended to reduce the confusion created by having sign restrictions in a different sections of the LDC. This amendment will provide for all sign requirements within the Sign Code Division of the LDC. FISCAL IMPACT: None. RELATED CODES OR REGULATIONS: None. Amendments to the LDC as Follows: 2.5.5.1.2. Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following: 1. One ground or wall "For Sale," For Rent," or similar. sign, with a maximum of four square feet in size, per street frontage for each parcel, or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and may be placed up to the property line abutting a right-of-way, provided it is a minimum of ten feet from the edge of pavement. (No building permit required.) 2. One ground or wall "For Sale," "For Rent," or similar sign, with a maximum of 12 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. CNo building permit required.) 3. One ..... .4 oole sign with a maximum heimht of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street ~'ontage for each parcel or lot in excess ten acres in size. AGENDA I'I'~ 1 MAY 2 6 1999 pg. r/O ,.. 4. Real estate signs shall not be located closer than 15 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 15 feet from the property line, the planning services director may allow a reduction in the mount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; the property is no longer for sale; rent or lease; or, the model home is no longer being used as a model home. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. 2.5.5.1.3. Model home signs. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 32 square feet. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner. (No building permit required.) 2.5.5.1.4. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: 1. One ground or wall sign, with a maximum of four square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size. (No building permit required.) 2. One ground or wall sign, with a maximum of 12 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acre in size. (No building permit required.) 3. One ..... ~' hole siam with a maximum hoimht of 15 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel in excess of ten acre in size. One ground or wall sign, with a maximum of four square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless r'pa~~,'ff (No building permit required.) MAY 2 6 999 2 2.5.5.1.5. Residential directional or identification signs. Directional or identification signs no greater than four square feet in size, and located internal to the subdivision or development may be allowed subject to the approval of the planning services director, or his designee. Such signs shall only be used to identify the location or direction of approved uses such as models or model sales centers, club house, recreational areas, etc. These signs may be cjustered together to constitute a sign with a maximum area of 24 square feet and a maximum height of eight feet. Such cjustered signs shall require a building permit. For signage to be located alone the Golden Gate Parkway see division 2.2, section 2.2.21.1 and 2.2.21.6.2. 2.5.5.1.6. On-premises signs within residential districts. Two ground or wall residential entrance or gate signs may be located at each entrance to a multi-family, single- family, mobile home or recreational vehicle park subject to the following requirements: 1. Such sign-q shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a 15-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 2.6.11. 2. The ground or wall signs shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. 2.5.5.1.7. Conditional uses within the residential and at, ricultural districts. 1. Conditional uses within the residential district are permitted one wall sign with a maximum of 32 square feet. Comer lots are permitted two such wall signs. 2. Conditional uses within the A_m'iculmral district in the urban area. residential ~ districts with a street frontage of 150 feet or more and a land arch ' of 43,560 square feet or larger are permitted a ground sign with a maximum area of 32 square feet. 3. Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. ('No building permit required.) 4. The Board of County Commissioners may approve additional signage as may be deemed appropriate during the conditional use approval process. 2.5.5.2. Signs within non-residential districts: i! .....~,~-'~RD~IlEM ' i:,.",',' 2 S 1999 3 " ! ~g. _ Urn;fled si~tm plan. Where multiple on-premise signs are proposed for a single site or project. or in the case of a shopping center or multi-use building. a unified signage plan shall be employed. An application for $i$e development or site improvement plan approval shall be accompanied by a _m'aphic and narrative rep. resentation of the unified si_maage plan to be utilized OIl the $i~e, The unified sign plan may be mended and resubmitted for approval to reflect style changes or changing tenant needs. Desi_ma elements which shall be addressed in both ~aphic and narrative form include: (a) colors: (b) construction materials and method: ~ architectural desi_Lm; CeLl illumination method: Ce~ copy style; LI~ sign _type(s) and location(s): and. f.g) in the case of multi-use buildings, and parcels with multiple structures on site. including outparcels. the unified sign plan shall indicate conformance with (1) No wall sign shall exceed 80 percent of the width of the unit(s) occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s); ~ All wall si_mas for multi-use buildings shall be located at a consistent location on the building facade. except that anchor tenants may vary_ from this locational requirement in scale with the anchor's larger primary. facade dimensions. All si_mas ~hall adhere to the dimensions provided for in the unified si_tmage plan: and Pole si_mas shall provide a pole cover with architectural desi_ma features. including colors and/or materials common to those used in the desi_ma of the building the si_ma is accessory_ to. A minimum 100 square foot planting area shall be provided around the b~e of any ~ound or pole si_ma. consistent with the provisions of division 2.5. of this code (se~ Iljustration 16 b~low). Ou_marcels. In addition to the above roa_uirements. unified si_ma plans for outparcels. regardless of the size of the outparcel, shall be limited to the following: :~'~"~EUDA ~TEM' " a wall sigma for any facade adjacent to a public right-of-way ~d a wall for any facade facing the main commercial center with a maximum of 60 square feet. not to exceed a maximum of two wall si_mas for any single use: and. (b) a single _m'ound or pole si_an for outparcels having a frontage of 150 feet or more. not to exceed 60 square feet. Pole signs shall be limited to 15 feet in Building permit requests. Requests for building permits for permanent on-premise signs shall adhere to the unified si_m~age plan. which shall be kept on file in the community. development and environmental services division. Requests to permit a new sign. or to relocate. replace Or sl:rUCturally alter an existing sign shall be accompanied by a unified sign plan for the building or project the si_m~ is accessory. to. Existing permitted signs may remain in place: however. all future requests for permits. whether for a new sign. or relocation- alteration. or r~lacement of an existing sign. shall adhere to the unified sign plan for the property_. 2.5.5.2.4-:. 2. Development standards. 1. Maximum allowable height. All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, except wall or pole signs, or as otherwise provided for within this section. 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. 2. Minimum setback. All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties shall not be located closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 2.1.13. 2.5.5.2.1~3. Real estate signs.' The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: 1. One ground or wall "For Sale," "For Rent," or similar sign with a maximum area of fc'ar twelve square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) 2. One ground or wall "For Sale," "For Rent," or similar sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) AGENO A ITEM MAY 2 6 1999 5 3. One gmaM pole si[m with a maximum hei_mht of 15 feet or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 Square feet in size, per street frontage for each parcel or lot in excess of ten acres in size. 4. Real estate signs shall not be located closer than 15 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 15 feet from the property line, the planning services director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. 2.5.5.2.3 4__. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction and no closer than 15 feet from any property line, and subject to the following: 1. One ground or wall sign, with a maximum of 12 square feet, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size. (No building permit required.) 2. One ground or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front .yard for each parcel one to ten acre in size. (No building permit required.) 3. One gr-oma4 pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the. general contractor of the development or as a permit board, within each front yard for each parcel in excess of 10 acres in size. 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a consu'uction sign by each contractor, lending institution, or other similar company involved with the development, r~garciless of parcel size, (NI'R) 5, All construction signs must be removed prior to the issuance of certi~~'''' occupancy, ~.~.~ ,,~:~___ 2.5.5.2.4 5. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 2.5.5.2.4 5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or two ground signs. Additional pole or ~ound si_mas may be permitted provided that there is a minimum of a 1.000-foot separation between such si_mas. and all setback requirements are met. In no case shall the number of pole or ~ound si_mas exceed two per street frontage. In addition, 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 of more independent businesses will be permitted one directory sign with a maximum size of 250 square feet for a single entrance on each public street. When directory_ si_m't is proposed then pole or ~ound si_ma shall be limited to the name and logo of the complex and shall not contain name of any tenant. 1. Maximum allowable sign area: 100 square feet for each pole or ground signs, or a maximum combined area of 120 square feet for two ground signs, except for approved directory signs. 2. Setbacks: 15 feet from any property line, public or private right-of-way, or easement, unless otherwise noted below or as provided for in section 2.1.13., · and with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum of a 15-foot setback from all project boundaries and public right-of-ways and easement, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians, unless otherwise noted below or as provided for in section 2.1.13. 3. The 15-foot setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. The planning services director's decision to reduce the required 15-foot setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; 2.5.5.2.4 5. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 2.5.5.2.4 5.1. Pole or Found signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or two ground signs. Additional pole or _m'ound signs may be permitted provided that there is a minimum of a 1.000-foot separation between such si_mas. and all setback requirements are met. In no case shall the number of pole or ~ound signs exceed two per street frontage. In addition, 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 of more independent businesses will be permitted one directory sign with a maximum size of 250 square feet for a single entrance on each public street. When directory_ sign is proposed then pole or Found sign shall be limited to the name and logo of the complex and shall not contain name of any tenant. 1. Maximum allowable sign area: 100 square feet for each pole or ground signs, or a maximum combined area of 120 square feet for two ground signs, except for approved directory signs. 2. Setbacks: 15 feet from any property line, public or private right-of-way, or easement, unless otherwise noted below or as provided for in section 2.1.13., and with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum of a 15-foot setback from all project boundaries and public right-of-ways and easement, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians, unless otherwise noted below or as provided for in section 2.1.13. 3. The 15-foot setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. The planning services director's decision to reduce the required 15-foot setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result A in the sign being any closer than 30 feet to the edge of pavement; AG'ENDA IYEM 7 b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required 15-foot setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structm'e; or, d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 4. Maximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.4.1., which may be 25 feet in height. Height shall measure from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. 5. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one display on each facing, and such sign structure shall be considered as one sign. 6. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. ..... ; .... +,, ..... + T;-, ,,-, ..... hnll +1., per street nta e. Additionally, one dL-cctc.T Sct.~:.c.~r.: 15 f::.: ~_. any F:';;P~' u ..... AGENDA ITEM t-:',;,'. 2 E; 1999 Pi._ 2.5.5.2.4-_-3 5.2. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. ~ end units within -~"~*;-~ ................. ,o shopping centers, or single occupancy parcels where there is double frontage on a public fight-of-way, shall be allowed two signs, but such signs shall not be e, ombm~ ~ ~f be placed ~'~;-- *~' .... ~,;~,4 .... on one wall. In addition, outparcels within shopping centers may by allowed one additional six _ty square feet wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case the number of wall si_~ms for an outparcel can exceed ~ Retail businesses with a floor area of larger than 15,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this code. 1. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 250 square feet in area for any sign. 2.5.5.2.4,4 5.3. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. 1. Projecting signs shall not project more than four feet ~'om the building wall to which it is attached. 2. Projecting signs shall not extend above the roofline of the building to which it is attached. 3. Projecting sig'ns shall not project into the public right-of-way. 4. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 2.5.5.2.4-3 5.4. Under-canopy signs. In addition to any other sign allowed by this code, one under- canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 2 5 5 2 4 6.4cc:,.: llgh~::g Ln ^A.~:.^_ · ..... ~-__ .:~ .,,,^_.~ ~.., .h;., ^^.4 .....· u,.t..~ ~v ~,v,,w g~..,jv~ ,v ,uv ~v~,,u~e:~ MAY 2 6 1999 10 ~ Si_~tage for automobile service stations; : The followings are the only signs allowed in automobile services stations and convenience stores with gas pumps. f.a) Window Si_m'm - only si_tms showing the building address, hours of operation. emergency telephone numbers. and acceptable credit cards are permitted. (b) An illuminated corporate logo with a maximum area of twelve (12) so. uare feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise. accent lighting and back lighting is prohibited on canopy stmcmr¢~, (c) Pole si_m'ts are prohibited. however. one (I) ~otmd sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the si_m't face is less than eight (8) feet above ~ade. Maximum permitted area 70 sQuar~ feet. fl~ Illuminated signage. logos. advertising and information is prohibited above 2.5.5.2.4-.-.~. 5.6. Signs within planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. 2.5.5.2.4:8:. 5.7. Flags. Residential properties that have been issued a certificate of ocgupall~!lq~TEM display up to three non-commercial flags. Three non-commercial f~ags ~.ay be t ~g"' displayed at the entrance of a commercial, office, industrial or residential development. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four intemally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the mount of the proposed increase to be determined by the planning services director, provided: all proposed flags would not be visible to motorists along any frontage roadways and the planning services director determines that the display of the extra flags is essential to the theme and design of the development. 1. All flagpoles with a height in excess of 15 feet above finish grade or that extend more than ten feet fi'om any building that they are attached to shall be subject to the building permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all structures (except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. 2. On single-family or duplex lots flagpoles shall not exceed 30 feet in height above finished grade. For all other residential zoned parcels, flagpoles shall not exceed 35 feet in height from the finished grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed 35 feet in height above finished grade. In all other zoning districts, flagpoles shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30 percent of the length of the pole to which it is attached. 3. All flags in all zoning districts shall have a minimum of 5 foot setback from all property_ lines. 2.5.5.2.4~. 5.8. Temporary signs. The erection of any temporary sign shall require permitting as established within section 2.6.33 unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this code. ~GSr~, ffD.I ' 12 tvi ,,Y 2 6 1999 p~._ ~r.~ 2.5.5.2.4:9A-:. 5.8.1. Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: 1. Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary permit shall be obtained. The permit number shall appear on every sign or on the pole supporting the sign. The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners. 2. Political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political signs placed within residential districts shall require written permission fi'om the property owner. 3. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 square feet per sign, and shall be located no closer than 15 feet to any properly line. The number of such signs shall be limited to two signs for each lot or parcel per bulk permit issued for each candidate or issue. 4. All supports shall be securely built, constructed and erected to conform with the requirements of this code. - 5. The maximum height of any political campaign sign or poster, except those that may be affixed to a wall, shall be limited to eight feet. 6. Political signs shall be erected not more than 60 calendar days prior to an election or political event, and shall be removed within seven calendar days after the election, event, or at~er the campaign issue has been decided. 2.5.5.2.4:0-:-~. 5.8.2. Grand opening signs. An occupant may display an on-site grand operarig sign not exceeding 32 square feet cn c. ~;A~ ^_,~ _^+ .... ~4;_~ ,~ ....... 4,~..^+^~ The banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. 2.5.5.2.4:0-3:. 5.8.3. Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than 15 feet to any property line. Such signs shall require a building permit. 2.5.5.2.440:. 5.9. Special purpose signs (on-site). Due to the unique and varied nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows! ' AGEHDA 17V_M. " 2 1999 13 i "" 2.5.5.2.4. !0.3.5.9.1. Time and temperature signs. One time and temperature sign having a surface area not exceeding -t-8 12 square feet shall be permitted at each industrial, commercial or other non-residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permit. 2.5.5.2./bt4)~. 5.10. Commercial business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, and located internal to the subdivision or development and with a minimum setback of 15 feet, may be allowed subject to the approval of the community development and environmental services administrator, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development, directional or identification signs maintaining a common architectural theme maybe combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall ~ req. uir~ a building permit. For signage to be located along the Golden Gate Parkway, see division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan. Logos on all directional si_m-~s shall not exceed 20 percent of the sign 2.5.5.2.4.11.5.11. On-premise signs within agricultural districts. 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 subject to the following restrictions: 2.5.5.2.4:4-t-~. 5.11.1. 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 not exceeding 20 feet, and shall be located a minimum of 15 feet from any property lines, public or private fight-of-way or easement. 2.5.5.2.4.1 ! .2.5.11.2. Seasonal farm signs (on-site). One temporary pole or ground sign identifying the farm, farm organization, entrance, or gate not exceeding 40 square feet in area. This sign shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such signs shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. 2.5.5.2.4A-t-.-~. 5.11.3. U-Pie signs. One U-Pie sign located at the entrance or-date-of on each street ~'ontage. The maximum allowable sign area for each U-Pie sign shall No. c~. 14 Mi Y 2 6 1999 square feet, and shall be located a minimum of 15 feet from any property line, public or private right-of-way or easement. 2.5.5.2.4:-t-h4,. 5.11.4. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: 1. One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Comer parcels or double-frontage parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any sign shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per sign. 2.5.5.2.4,-14= 5.12. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the community development and environmental services administrator, or his designee, if the following retirements are met: " 1. Off-premises directional signs shall only be permitted in nonresidentially zoned, or agricultural districts. 2. No more than two one sided or one double sided off-premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible from the arterial roadway serving such building, structure, or uses, provided: 1. Each sign is not more than 12 square feet in area A;~L.,,, ^~ ~!,, T~,,I,!~ i:'~,.i ~,;..,..,.,,, ~i.,~11 ~^, k~ ~;,~-~A 2. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. 3. The sign is located no closer than 15 feet to any property line. 4. The applicant must submit with the permit application notarized, written permission from the property owner where the off-site sign is located. 5. The sign shall only be located within 1,42}00 feet of the inte~'s~ction of ---- the arterial roadway s~'ving the building, structure, or use. i......AGENDA ITEM 15 I r.'.,: :r 2 1999 ~fi. Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. 42. Off-premises directional signs shall not be located closer than 100 feet from another off-premises directional sign. 2.5.5.2.~..12. 5.13. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; not be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. Sec.'2.5.6. Signs exempt from permitting. 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: 2.5.6.1. Signs required to be maintained or posted by law or governmental order, rule, or regulation. 2.5.6.2. On-premises directional signs, not exceeding ~ six square feet in area, 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 2 at each vehicle access point and a maximum of 4 internal to the development. Internal si~s are not intended to be readily visible from the road. 2.5.6.3. 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 pr-of~ssio~4 profession or specialty and/or the street address of the premise. 2.5.6.4. Memorial plagues, cornerstones, historical tablets, and similar types of commemorative signs when cut into any masonry surface or when constructed of bronze or other noncombustible materials. 2.5.6.5. "No Trespassing," "No Dumping," or other prohibitory or safety type signs, provided each sign does not exceed t':.'c iJlree square feet in size. 2.5.6.6. One ground or wall "For Sale," "For Rent," or similar sign per street frontage for each parcel, or lot less than ten acres in size. AGENDA IIT,.I~ ~,v I,,,,,, 2 6 1999 16 2.5.6.7. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district. 2.5.6.8. One on-premises open house sign not to exceed four square feet in size. Such sign shall not be located within 15 feet of any property line, right-of-way or access easement. 2.5.6.9. Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. 2.5.6.10. Signs located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per sign. Signs shall be oriented along the fence or wall to face the field(s) or playing area, and away from any adjacent public or private roads. 2.5.6.11. Traffic control and safety signs or other municipal, county, state or federal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency signs when erected by an appropriate authority. 2.5.6.-14 1_2. Window merchandise displays which are changed on a regular basis, meaning no less frequently than every 30 days. 2.5.6.44 j_~.. Window signs not exceeding 25 percent of tJP,~{~-[ each window area. 2.5.6A-~ 14. Sigus located at the entrance drive of residences located upon 2.25-acre ]ors or greater, displaying the name and address of the resident and not exceeding four square feet in area. 2.5.6.4-6 15. Flags, or insignias of governmental, religious, chadtable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said orgaI~zation. Non-colTlnlercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finish grade or extend more than ten feet from any bui]ding they are attached to, axe allowable if the number of flags displayed does not exceed those described in section 2.5.5.2.3.8 and the flagpoles do not require a certified design or be sealed by a Florid~ registered engineer as described in section 2.5.5.2.3.8. 2.5.6.4-~ 16. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 2.5.? of it is co~;~No^ ITEM MAY 2 6 1999 17 Pe._ 2.5.6.4-9 17. Religious displays that do not constitute advertising. 2.5.6.-2-0 18. Painting, repainting or cleaning of an advertising structure, or changes which are determined to be less than a substantial improvement. 2.5 .6.~1-19. Copy changes for shopping center, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. 2.5.6.2-~. 20. One ground or wall sign may be used as a construction sign by the general contractor of the development, within each front yard for each parcel less than ten acre in size 2.5.6.iL3 21. Temporary signs in conjunction with an approved temporary use permit. Sec. 2.5.7. Prohibited signs. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this code. The following signs are expressly prohibited: 2.5.7.1. Signs which are in violation of the building code or electrical code adopted by Collier County. 2.5.7.2. Abandoned signs. 2.5.7.3. Animated or activated signs, except time and temperature signs. 2.5.7.4. Flashing signs. Electronic reader boards 2.5.7.5. Rotating signs or displays. 2.5.7.6. Illmated signs in any residentially zoned or used district, except residential identification signs, residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned district by provisional use, PUD ordinance, or as otherwise provided for within the zoning ordinance, shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. 2.5.7.7. Signs located upon, within, or otherwise encroaching upon county or public rights- of-way, except as may be permitted under the provisions of Ordinance t,.:/,V 2 'g 1999 18 '; as amended, and those erected by a governmental agency or rehired to be erected by a governmental agency. 2.5.7.8. Billboards. 2.5.7.9. Strip lighted signs. 2.5.7.10. Neon type signs except within all commercial and industrial districts. 2.5.7.11. Roof signs. 2.5.7.12. Portable signs. 2.5.7.13. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. State law reference(s)--Display of unauthorized traffic signs, signals or markings, F.S. § 316.077. 2.5.7.14.. Signs, commonly referred to as snipe signs, made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this code. 2.5.7.15. Wind signs (except where permitted as part of section 2.5.5 and 2.5.6 of this code). 2.5.7.16. Any sign which is located adjacent to a county right-of-way within the umncorporated areas of the county which sign was erected, operated or maintained without the permit required by section 2.5.12 having been issued by the community development services administrator or his designee shall be removed as provided in section 2.5.7. Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. 2.5.7.17. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 2.5.7.17.1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2.5.7.17.2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. AGENDA I1T, M 2.5.7.18. Any sign which: no. c--,Q MAY 2 6 1999 19 2.5.7.19. Emits audible sound, vapor, smoke, or gaseous matter. 2.5.7.20. Obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. 2.5.7.21. Employs motion, have visible moving pans, or gives the illusion of motion (excluding time and temperature signs). 2.5.7.22. Is erected or maintained so as to obstruct any fire fighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. 2.5.7.23. Constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. 2.5.7.24. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, ~ vehicle is used in the usual course of operation of a business, and which are not otherwise prohibited by this code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted. mounted or affixed. on site or sites other than that at which the firm. product. or services advertised on such si_mas is offered. 2.5.7.25. Uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. ,_ 2.5.7.26. Any sign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this code. 2.5.7.27. No sign shall be placed or permitted as a principal use on any property, in any zoning district except as follows: U-Pie signs, political signs or signs approved by temporary permit pursuant to the time limitations set forth herein. 2.5.7.28. Inflatable signs. 2.5.7.29. Accent lighting as defined in this code, ^,,,u_;__ .~ ..... -~ wL-:dcwa, ^- ~**"~ *^ i"' AGENDA IT~..M" 20 N.':/2 S 1999 2.5. LDC AMENDMENT/CB/rnd MAY 2 6 1999 21 ORIGIN: Current Planning AUTHOR: Chahram Badamtchian, AICP LDC PAGES: 2:114.2-2:114.40 LDC SECTION: 2.6.4. CHANGES: Add requirements for open sided carports within the required yards. REASON: In the past few months staff has processed several variance request for open sided carports for commercial and residential districts. Due to the minimal impact open sided carports have on adjacent properties they were all approved with similar stipulations for enhanced landscaping. This amendment will allow open sided carports within the required yards provided that they do not encroach into the required landscape buffer and the landscaping is upgraded to comply with the requirements of the LDC to the greatest extent possible. FISCAL AND OPERATIONAL IMPACT: None. RELATED CODES AND REGULATIONS: None. Amendment to the LDC as follows: Sec. 2.6.4. Exceptions to required yards. 2.6.4.1.4. Fire escapes, stairways, and balconies which are unroofed (except as otherwise permitted within this Section)and unenclosed shall not project over five feet into a required side or rear yard and three feet(3') into a front yard of a multiple-family dwelling, hotel or motel and not over three feet into a required front, side or rear yard of a single-family residential dwelling. 2.6.4.1.5. Hoods, canopies, or roof overhangs shall not project over three feet into a required yard, but shall not come closer than one foot to the lot line. 2.6.4.1.6. Fences, walls and hedges, subject to section 2.6.11, and pad-mounted air conditioners are permitted in required yards, subject to the provisions of section 2.4.4.13. 2.6.4.1.7. Cornices, eaves or gutters shall not project over three feet into a required yard, provided that where the required yard is less than six feet in width, such projection shall not exceed one-half the width of the yard. 2.6.4.1.8. Except as provided in section 2.6.1, nothing in this zoning code shall be so construed as to prohibit landscaping. 2.6.4.1.9. Except as otherwise provided by this land development code, when lots on both sides of an undeveloped recorded lot contain a residential structure whose front yard setback is less than is now required. the average of the setbacks of the two contiguous developed lots shall serve to establish the minimum front yard requirement for the vacant lot. 2.6.4.1.10. Carports which are open on all sides may encroach into the required yards provided they do not encroach into the required landscape buffers, as required by this Code; and furthermore, if the landscaping is deficient where the carports are proposed, the landscaping must be upgraded to comply with the LDC requirements to the greatest extent possible prior to the issuance of a building permit for said carports. This shall be accomplished by an Site Development Plan amendment or an Site Improvement Plan approval. 2.6.4. LDC AMENDMENT/CB/md AGEND A, ITEM 2 NAY 2 1999 ORIGIN: Current Planning AUTHOR: Fred Reischl DEPARTMENT: Planning Services LDC PAGES: 2:181 - 2:183 LDC SECTION: 2.6.10 CHANGE: Staff is proposing an amendment to the Locational Restrictions for Use Involving Intoxicating Beverages, which removes the distance requirement for restaurants, private clubs, golf clubs, country clubs, civic or fraternal clubs, and motels/hotels with over 100 guest rooms. The requirement will remain in effect for establishments whose primary purpose is the sale of alcoholic beverages for consumption on premises (bars, lounges, etc.). The amendment also proposes allowing bars to apply for a distance waiver from other bars, an option the Code currently does not allow. REASON: Currently, Code Enforcement personnel physically measure distances for all businesses proposing consumption of alcoholic beverages on premises. Proposed restaurants that are found to be in violation of locational restrictions can apply to the BZA for a waiver. A review of waivers since 1991 indicates that the BZA has approved all seven waiver requests for restaurants. Staff therefore recommends that the locational requirements only apply to businesses serving alcoholic beverages as their primary business (bars, lounges, etc.). FISCAL & OPERATIONAL IMPACTS: Approval of this amendment would reduce staff time spefit in the Code Enforcement and Planning Services Departments on processing alcoholic beverage licenses.. The number of waiver petitions processed by Planning Services staff and heard by the BZA would be greatly reduced (along with the $425 application fee). Restaurant applicants would save time and the application fee. RELATED CODES OR REGULATIONS: Collier County Code of Laws & Ordinances, Chapter 6: Section 6-1 Hours of Sale; Section 6-2 Exposure of private parts at establishments selling alcoholic beverages; Section 6-3 Possession or consumption in public. Amend the LDC as follows: Sec. 2.6.10. Locational restrictions for use in:,c,!vin~ e, intoxicating businesses serving alcoholic beverages. 2.6.10.1. Sale of alcoholic beverages. The aite deve!eFment re-;i=:.' Planning Services dDirector, or his designee, may authorize the sale of alcoholic beverages for consumption on-premises subject to compliance with all zoning restfictions and the following locational criteria: i~ti~soA ~ MAY 2 1999 2.6.10.1.1. No such use shall be located within 500 feet of any established elementary, middle or high school, child care center, public library,, ~" church, public park. or public playground, unless a waiver of said distance requirement is granted by a bBoard of ~Z_oning a~_ppeals resolution pursuant to section 2.6.10.3. This does not include beach access points. The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library, church, public park or public playground is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 2.6.10.1.2. No such use shall be located within 500 feet of any existing establishment whose primary function is the sale of alcoholic beverages for consumption on-premises. The distance of 500 feet shall be measured as the shortest distance between the lot on which the existing establishment is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 2.6.10.1.3. The erection of any school, child care center, public library, church, public park or public playground within 500 feet of an establishment which offers . the sale of alcoholic beverages for consumption on-premises shall not cause such establishment to become nonconforming. 2.6.10.1.4. The applicant shall submit a site plan showing the following: 1. Dimensions of subject premises; 2. All vehicular points of ingress and egress; and 3. Compliance with all requirements of this code including landscaping, off-street parking, buffer areas, and location and size of all signs. 2.6.10.2. Expiration of zoning approval. The de~tepmem Planning sServices d~_irector's approval for the sale of alcoholic beverages for consumption on-premises, granted pursuant to this section, shall expire after the following periods of time and shall thereafter become null and void: 2.6.10.2.1. In the case of an existing structure, zoning approval shall expire six months from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. For purposes of this section, operation shall be defined as the sal!vf beverages in the normal course of business. MAY 2 6 1999 2.6.10.2.2. In the case of a new structure, zoning approval shall expire one year from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. However, if substantial construction is completed, the ~v,,tqopmem Planning sServices ~Director may grant one extension for up to six months. 2.6.10.3. [Waiver of distance requirement.~[ The b_Board of ~_oning a~_ppeals may~ by resolution, grant waiver of part or all of the minimum distance requirement set forth in section 2.6.10.1../if it is demonstrated by the applicant and determined by the bBoard of ~_oning a~_ppeals that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consumption on premises, school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures or other features which offset or limit the necessity for such minimum distance requirement. The bBoard of ~_oning a~_ppeals'_ decision to waive part or all of the distance requirement shall be based upon the following factors: 2.6.10.3.1. The nature and type of natural or manmade boundary, structure or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park or public playground which is determined by the bBoard of ~_oning a~_ppeals to lessen the need for the total 500-foot distance requirement. Such boundary, structure or other feature may include, but not be limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way. 2.6.10.3.2. The paths of vehicular and pedestrian traffic which could be taken between the establishment and the school, child care center, public library, church. public park or public playground. 2.6.10.3.3. The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. 26 1034 xxru~.,,~. ~,~,a,~,;~ ~. ...........~,~ ~.~ ~^~: .... ; .....; ....~.h c^^,~ ~. ,.. .......... : __4 ........ Prior to consideration of such waiver by the bBoard of ~Z_oning aA_.ppeals, the applicant shall provide to the ~ Planning sServices dDirector a written application for waiver of the distance limitation on an application form supplied by the de~.,ete~mqeat Planning sServiccs dI~)_irector, including a legal description of all applicable structures with a survey or boundary sketch to scale, and such other information which the applicant can supply which would assist the bBoard of ~_oning aA~peals in its evaluation pursuant to the factors set forth above. Upon receipt of the applicant's applicat:-r. c-l~ilrtl~ applicable application fee established by the bBoard ~f f~o?unty c~' c:,C_ommissioncrs, a public hearing date shall be s~'~eduleq bc e the 3 i 2 B 1999 bBoard of ~_Z_oning a~_ppeals for a determination on the proposed waiver. The applicant shall notify, by certified mail, the owners or representatives "' of the subject school, child care center, public library, church, public park or public playground, of the application at least 15 days prior to the public hearing; and evidence of such notification shalI be supplied to the ~ Planning sServices ~tDirector. 2.6.10.4. tiExemptions from distance requirernent.~} The following uses shall be exempted from the distance limitations requirements of section 2.6.10. t .2 2.6.10.4.1. Any restaurant deriving at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages. 2.6.10.4.2. Any motel and/or hotel with 100 or more guestrooms. 2.6.10.4.3. Any private club, golf club, country club, civic or fraternal club may serve alcoholic beverages for consumption on-premises when such service is incidental to the main use and for the exclusive use of the members, tenants and/or guests of the facility. 2.6.10.5. {Stalement of gross receipls.~} Any owner or operator of an establishment approved under this section to sell any alcoholic beverages for -'-- consumption on-premises shall upon written demand of the ~ Planning s_Services ~[Director, make or cause to be made under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3) Code reference-Alcoholic beverages, ch. 6. 2.6.10/FIULDC Cycle I - 1999/h:drive 4 MAY 2 6 1999 ORIGIN: Community Development & Environmental Services AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGE: 2:183 - 2:185 LDC SECTION: 2.6.11. Fences CHANGE: 1 ) Amend language to clarify fence height restrictions; 2) Standardize minimum area requirements for fence heights on residential lots; 3) Standardize fence heights in Agricultural zoning. REASON: 1) Certain language' within this section of the LDC is difficult to understand, particularly as regards fence heights on comer lots relative to safe sight triangles at intersections. The changes would clarify this language. as well as other ambiguous language. 2) Fence height restrictions relative to the area of residential lots are currently based on parcel minimum area of either 1 acre or 1.25 acres. The changes would standardize restrictions at either less than, or greater than, one acre. 3) The fence height restrictions which apply to Agricultural zoning make an unnecessary distinction between future urban and future rural areas. The changes would eliminate that distinction and standardize maximum height in both areas. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.6.11. Fences. 2.6.11.1. Fences in residential districts. Fences or walls shall be allowed in all zoning districts subject to the restrictions set forth in section[s] 2.6.11.2--2.6.11.5. 2.6.11.2. Residential districts. For the purposes of this section, residential districts shall include: RSF residential single-family; RMF-6, RMF-12, and RMF-16 residential multiple-family; RT residential tourist; VR village residential; MH mobile home; TTRVC travel trailer-recreational vehicle park campground; and residential increments of PUD residential planned unit development districts. Fences and walls placed within required yards shall be subject to the following: AGENDA1TEM 3- MAY 2 6 1999 hei"ht ~- :-*-";~' ~,o ~., ,h_, ~,~, ....... ~,o Fences or walls on all lots greater than one acre in area may reach a maximum height of 6 feet. 2 6 11 2 2 Fences ...... ,,~ _,.~A ..,;.h;. ,~- ...... ;--A ........ ~ ~r ....... r .... ,~. .... acre ~' l,oo ;. ~;., o~ll ~, 1;~1+.~ +~ f .... ~* ;" ~;'~* For non-waterfront interior lots one acre or less in ~ea, fences or walls may reach a m~ximum height of 6 feet for side ~d re~ y~ds, but ~e limited to 4 feet wi~in the required front y~d. For watc~ont lots one acre or less in ~ca, height limits ~e as for non-waterfront lots, but ~th ~e additional restriction ~at fences or walls ~thin the required re~ V~d ~e limited to 4 feet. 2.6.11.2.4. For comer lots one acre or less in ~ea, which by deflation have only ~ont y~ds ~d side y~ds, ~y po.ion of a front y~d fence ~thin the s~e sight ~lc described in section 3.2.8.3.22 is restricted to 3 feet in heiRht. (Two sides of this ~ugle extend 30 feet along the prope~y lines from the point where the right-of- way lines meet, ~d ~e third side is a line co~ecting the other two.) 2.6.11.2.5. B~bed wire, r~or wire, spire tips, sh~ objects, or electrically ch~ged fences shall be pro~bited, except that ~e bo~d of zo~ng appeals may allow the use of b~d ~rc in conj~ction ~th chainli~ fencing for facilities where a security hazard may exist. such ~ a utility substation, sewage treatment pl~t~ or similar use. 2.6.11.3. Agricultural districts. For the purposes of this section, agricultural districts shall include: A agricultural; E estates; and CON conservation districts. Fences and walls within agricultural districts shall be exempt from height and type of construction except "'-* -'-;~"""--" ...... ~ .... ...., ....'--- ~: ........in size ^_A l~+~A ..,4+i..; .... i.~_ A~I~.~+~A ....... +k~ g.+ .... I,.,,~A ........ 4r 2.6. ! 1. LDC AMENDMENT/RG/md AGENDA I'T"E.I~ No, ~ 2 MAY 2 6 1999 ORIGIN: Community Development & Environmental Services AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGE: 2:189 and 2:190 LDC SECTION: 2.6.2 1. Dock Facilities CHANGE: 1) To delete last sentence in Section 2.6.21.1., which describes boathouses on residentially zoned property as a conditional use; 2) To add language indicating that any covered structure erected on a dock shall require approval through the procedure and criteria in Section 2.6.21.3. (Dock facility extension; boathouse establishment criteria) and 2.6.21.4. (Boathouse requirements). REASON: 1 ) This sentence was erroneously not deleted following previous amendment of this section; 2) Any covered structure erected on a boat dock has the same basic impact as a boathouse, and should be subject to the same restrictions. It has been staffs policy to treat covered structures in this manner in the past, and this change would formalize that policy. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.6.2 1. Dock facilities 2.6.21.1. Individual or multiple private docks, including mooring pilings, davits, lifts and the like are permitted to serve the residents of a development on canal or waterway lots, provided they do not protrude more than the. respective distances specified in sections 2.6.21.2, and 2.6.21.3, for such canal or waterway. Docks and the like are primarily intended to adequately secure moored vessels and - provide safe access by users for routine maintenance and use while minimally impacting the navigability of the waterway, the native marine habitat, manatees, and the use and view of the waterway by surrounding property owners. Permitted dock facility protrusions as well as extension of dock facilities are measured from the property line, bulkhead line, shoreline, seawall, rip-rap line, or Mean High Water line, whichever is more restrictive. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and or structures. Boathouses and dock facilities proposed on residentially zoned properties as defined in section 2.1.4 of this Code, shall be considered an accessory use or structure. Boathouses shall be [ MAY 2 6 1999 approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4. In addition, any covered structure erected on a private boat dock shall also be considered an accessory_ use, and shall also be required to be approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4. ~,-,__,.,,-. 1.,.~1-,~..,,,o ....... ,,.,,.,, .. o,.,,. ..... ,...,.,, .... ,, .... ,.,,..~ o,.,,. .......... 2.6.21. LDC AMENDMENT?RG/md AGENDA ITEIW 2 MAY 2 13 1999 .g._ /o/ ORIGIN: Current Planning AUTHOR: Chahram Badamtchian, AICP DEPARTMENT: Planning Services LDC PAGE: 2:201-2.204 LDC SECTION: 2.6.28. CHANGE: Staff is proposing to remove the sign requirements for automobile service stations from Section 2.6.28. of the LDC and add it to Division 2.5. (Sign ordinance) of the LDC. REASON: Having sign restrictions in different sections of the LDC is confusing to the sign contractors and developers. This amendment is only intended to relocate the sign section of automobile service station requirements to the sign section of the Code. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amendment to the LDC as follows: Sec. 2.6.28. Automobile Service Stations. (12) Signage- per Division 2.5. cFeraticn, emerge::cy telcFhone .... ~' .....A ....... ~-~ ....A;, ,,,~o 2.6.28. LDC AMENDMENT/CB/md Pi../___..~J-- ORIGIN: Community Development & Environmental Services AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGE: 2:207 LDC SECTION: 2.6.33. Temporary use permits CHANGE: To Section 2.6.33.3. (Temporary construction and development permits) add, as a permitted temporary use, administrative office trailers in the Agricultural zoning district outside the Future Urban Area in conjunction with a bona fide agricultural use. REASON: Certain agricultural uses require on-site facilities in areas where a permanent structure would be neither practical nor desirable. Allowing administrative offices as a temporary use would eliminate the need for permanent structures, and allow the Planning Department to annually review the need to continue use of a temporary structure. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.6.33.3. Temporary construction and development permits. During the construction of any development for which at least a preliminary development order has been granted, as required below, the developer may request a temporary use permit for the below-listed activities. The temporary use permit shall be granted initially for a period not to exceed 24 months in length and may be renewed annually based upon demonstration of need. A request for renewal shall be submitted to the site development review director in writing 30 days prior to the expiration of the temporary use permit. Temporary construction and development permits shall be allowed for the following uses: 1. Temporary offices to be used for construction, and administrative functions within the development. 2. Temporary offices to be used for sales functions, including sales offices, allowing for the sale, resale, [or] marketing of dwellings, structures, or property within the development in which it is located, or adjacent developments under the same control. 3_:. Temporary ad__ministrative offices to be used in coniunction w th a bona fide oagricultural use in the A~,,ricultural zoning district when :L MAY 2 6 1999 area designated agricultural on the future land use map of the Future Land Use Element of the Collier County Growth Management Plan. On-site storage of equipment and construction materials for use on the development site only. 45_. On-site mobile home used as a temporary office or storage facility for persons engaged in the development of the site. ~:~5_. On-site mobile radio and television equipment and antennae. 6:.7_ On-site mobile home for the use of a watchman or caretaker only. ~.8_:. On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects. 8-=9_. Off-site temporary parking on property which is located contiguous to the subject development, or would be contiguous except for a roadway that is not designated as a collector or arterial in the traffic circulation element of the growth management plan, with the written authorization of the property owner. ~.10. Other on-site uses similar to the foregoing uses and determined to meet the intent of section 2.6.33.2. Proposed temporary structures identified above and intended to be located either within a development for which a preliminary subdivision plat, in the case of single-family projects, or a preliminary site development plan for all other projects has been granted require the submission and approval of a conceptual site plan which addresses any or all of the above referenced considerations identified in a pre-application meeting. In the case of projects requiring platting pursuant to div. 3.2, a preliminary subdivision plat shall be submitted and approved in addition to the preliminary site development plan referenced above. All other temporary uses and structures permitted within section 2.6.33.3 require the submission of a conceptual plan which demonstrates that provisions will be made to address the requirements of section 2.6.33.2. 2.6.33. LDC AMENDIv!ENT/RG/md AGENDA iYEM No._,,';-,~ . MAY 2 6 1999 p.,_/Oq' .. ORIGIN: Community Development & Environmental Services AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGE: 2:208 - 2:209 LDC SECTION: 2.6.33. Temporary use permits CHANGE: Revise Section 2.6.33.4. (Model homes and model sales centers) to 1) clarify existing language; 2) extend initial permit life from 2 to 3 years, eliminate CCPC heating for intermediate extension, and require conditional use for extension beyond 3 years for model homes and model sales centers located in dwelling units, and; 3) specify site plan requirement for different types of models and sales centers. REASON: This section as it relates to model homes and model sales centers has proved inadequate in dealing with the various situations which arise when issuing permits for these uses. The proposed change would make requirements for submittal more understandable, and would modify extension requirements to facilitate monitoring and record-keeping of models located in residential dwellings while allowing developers ample time to market their products. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.6.33. Temporary use permits. 2.6.33. I. Purpose and intent. Based upon the nature of some uses, their impact on adjacent uses, their compatibility with surrounding properties, and the length of time a use is intended to function, there is an identified need to allow certain temporary uses within a development site, and to provide for other types of temporary uses such as special events, sales and promotions. It is the intent of this section to classify temporary uses and to provide for their permitting. 2.6.33.2. General. The site development review director, or his designee, may grant a temporary use permit for requests that demonstrate compliance with the intent of section 2.6.33. Approvals for such requests shall be based upon, but not limited to, the applicant's description of the temporary use, the intended duration of the use, hours of operation and the impacts of the proposed temporary use on adjacent properties. All requests for a temporary use permit shall submit aconc. epmal or site development plan (SDP) as provided for within this section. The appropriate ..~ required plan and temporary use permit application shall be submitted and approved prior to the submission of a building permit application and Altiqih MAY 2 6 1999 pg. demonstrate, where applicable, that provisions will be made to adequately address all of the following: 1. Traffic circualtion and safety within the site as follows: a. All parking spaces shall be arranged in a manner for convenient and safe access for vehicles and pedestrians without causing vehicles to back out into a fight-of-way. No parking spaces shall be arranged to cause vehicles to be moved in order for other vehicles to enter/exit a site. 2. Minimum parking requirements for the temporary use as defined within Div. 2.3, Off-street parking and loading as follows: a. Four parking spaces for the first model unit and one and one-half spaces for each additional model unit (for dimensions see section 2.3.4.12), b. One parking space for disabled persons per parking lot shall be provided (included as part of required parking) along with an access aisle and barrier-free access to the unit (for dimensions see section 2.3.20.3), c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the site development review director (driveways and handicapped spaces shall be paved). 3. Screening, buffering, and landscaping of the temporary. use to reduce potential impacts on adjacnet properties as required in section 2.4.4 and approval by the site development review director as follows: a. One tree per 30 linear feet around the perimeter of the parking and driveway areas. b. Double hedge between the right-of-way and the parking area; single hedge to screen off perimeter of drive and parking areas. c. Pavement setback a minimum of ten feet from right-of-way line; (15 feet for right-of-way 100 feet or greater in width); ten feet from side property lines (unless otherwise authorized by the site development review director); 4. Lighting; A~A ITY, JVI 5. Sanitary facilities; No. oq, 2 MAY 2 6 1999 P,.. ../,; 6. Fire protection; 7. Environmental impacts; 8. Stormwater management; 9. Any other requirements determined to be necessary for the public health and safety. 2.6.33.3. Temporary construction and development permits. During the construction of any development for which at least a preliminary development order has been granted, as required below, the developer may request a temporary use permit for the below-listed activities. The temporary use permit shall be granted initially for a period not to exceed 24 months in length and may be renewed annually based upon demonstration of need. A request for renewal shall be submitted to the site development review director in writing 30 days prior to the expiration of the temporary use permit. Temporary construction and development permits shall be allowed for the following uses: 1. Temporary offices to be used for construction, and administrative functions within the development. --~ ~. T:mpcra:7 ,, .....tc b: ,o,,... for ................. .........e, ..........., ~.2_. On-site storage of equipment and construction materials for use on the development site only. 4-:.3--.On-site mobile home used as a temporary office or storage facility for persons engaged in the development of the site. ~ '~ On-site mobile radio and television equipment and antennae. ~..5_ On-site mobile home for the use of a watchman or caretaker only. ~6_ On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects. ~7-. Off-site temporary parking on property which is located contiguous to the subject development, or would be contiguous except for a roadway that is not designated as a collector or arterial in the ~raffic circulation element of the growth management plan, with the written authori7 AGENDA ITEM property owner. No, ,-~ _. ~.8_. Other on-site uses similar to the foregoing uses and determined to meet the intent of section 2.6.33.2. Proposed temporary structures identified above require the submission of a conceptual site plan which addresses the requirements of section 2.6.33.2. 2.6.33.4. Model homes and model sales centers. 2.6.33.4.1. Model homes and model sales centers shall be of a temporary nature and may be allowed in any residential zoning district or residential component of a PUD, in the Estates zoning district, and in the Agricultural zoning district as pan of a rural subdivision, by the issuance of a temporary use permit; however, a model center as a permitted use within a PUD, and not located within a dwelling unit, shall not require a temporary use permit. Model homes and model sales centers are intended to facilitate the sale of the model design, or of products similar in design to the model. Model homes and model sales centers located within residential zoning districts, or within a residential component of a PUD shall be restricted to the promotion of a product or products permitted within the residential zoning district or PUD in which the model home or model sales center is located and further subject to the following: 1. Model homes shall only be permitted for dwellings which have not been previously used as a residence. " 2. A model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. 3. Model homes may be "wet" or "dry." Model homes permitted as "dry" models (unoccupied by a sales office and/or representative) shall be limited to a conditional certificate of occupancy allowing the use of the structure as a model only provided all required infrastructure ~ :" --!'-_-ze t_-- , service the unit. Model homes permitted as "wet" models (o 'cupi}g~P~a'wal ' No. o~ 4 · ;i-, 2 6 1999 Pa. /Poa sales office and/or representative) shall not be occupied until such time as all required infrastructure is available to service the unit and a permanent certificate of occupancy has been issued. Transportation to and from unoccupied model homes is provided at a sales center. which also provides required parking and handicapped accommodations in accordance with section 2.6.33.2. Model homes occupied by a sales office and/or representative must have all required landscaping, parking, and handicapped access on site. A temporary_ use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4. Mode] sales centers may be located in either a temporary_ structure, usually a mobile home, or a permanent structure which is either a residential dwelling unit or a non-residential structure. Temporary use permits shall be issued as follows: a_ A temporary use permit for a sales center in a temporary structure ---- shall be issued initially for a period of three years and may be renewed annually based upon demonstration of need. b_. A temporary use permit for a sales center in a permanent structure which is a residential dwelling unit shall be issued initially for a period of three years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4. c_. A temporary use permit for a sales center in a permanent structure other than a residential 'dwelling unit shall be issued initially 'fOr a period of three years and may be renewed annually on demonstration of need. 5. Temporary use permits for model homes or model sales centers to be located within a proposed single-family or multi-family development prior to final plat approval may be requested by the applicant and require A_.iv!sicr, ~.2 1) adrninlstrafivc approval of a plat and construction plans showing all rcquh'Cd in~ for thc lot{s} on which the ~1 home or model sales center is locatccL, and 2_~ a site development plan (SDP) ,-- pursuant to division 3.3, subject to the following: s MAY 2 6 1999 (a) A maximum of five models shall be permitted within an approved development prior to final plat approval as permitted above. (b) The applicant shall provide documentation that all required utilities will be available to the subject site, and, where required, shall depict such utilities in detail on the site development plan. (c) The parcels on which the models are located must abut a privately owned and maintained road, temporary in nature or permanently constructed to Collier County roadway standards. (d) The boundaries depicted on the preliminary subdivision plat shall be depicted on the site development plan in order to ensure compliance with the applicable development standards in effect on the subject property. (e) Final lot grading and drainage conveyance shall be in conformance with the master grading plan for the project as depicted on the preliminary subdivision plat submittal documents. 6. All other temporary use requests for model homes shall require the submission of a conceptual plan which demonstrates that provisions will be made to adequately address the requirements of section 2.6.33.2. 7_ Temporary use permits for a model sales center within an existing subdivision shall require a site plan as follows: in the case of a permanent structure which is a dwelling unit, a Site Improvement Plan (SIP) per section 3.3.8.4.; in the case of a permanent structure which is other than a dwelling unit, a Site Development Plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a Conceptual Site Plan (CSP) which addresses the requirements of section 2.6.33.2., or a Site Improvement Plan, depending on the extent of the work required. 8_:. Temporary use permits for model homes to be located within a proposed single-family or multi-family development may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to division 3.2, and a Conceptual Site Plan which addresses the requirements of section 2.6.33.2. Unoccupied (dry) model homes will be permitted only in conjunction with an approved SDP for a model sales center which provides adequate parking to support the model(s). 9_. Temporary use permits for occupied (wet) model homes following subdivision shall require a Conceptual Site Plan which a ldresses the requirements of section 2.6.33.2. Temporary use permits fol uno~ r,g. //0 model homes following subdivision shall require a Conceptual Site Plan and shall be issued only in conjunction with an approved Site Development Plan or Site Improvement Plan for a model sales center which provides adequate parking to support the model(s). center may be granted for a maximum ~__;+; ...... A ...... ,4+1, ---^+:,-.n 9 '7 A t'----- '-- ,--'-~-~--,-, ----- ~--,--~-- --, · ,. AGENDA ITEM: 2.6.33.4.LDC AMEND1VIENT/RG/md 7 MAY 2 6 1999 pg. ///' ORIGIN: Current Planning Section AUTHOR: Donald J. Murray, AICP, Principal Planner Thomas C. Palmer, Assistant County Attorney DEPARTMENT: Planning Services and LDC PAGE: LDC2:223 CHANGE: Amend Section 2.6.35.6.6 of the LDC to be consistent with Section 2.6.35.6.2, to clarify separation requirements, and eliminate possible discrimination with regard to a tower in any agricultural zoning district with a planned height between 186 feet and 400 feet. REASON: Almost weekly interpretations are requested regarding these sections. These proposed amendments should help to facilitate locating towers in the appropriate districts by eliminating confusion that arises from interpretations of separation requirements for towers of varying heights. According to OPM-USA-INC. v. Brevard County, 7 F. Supp.2d 1316 (M.D. Florida, 1997), it is possible that the 1,000-foot separation requirement applied to proposed towers with heights between 186 feet and 400 feet may be discriminatory when comparing LDC Sec. 2.6.35.6.6 with LDC Sec. 2.6.35.6.2. Section 2.6.36.6.6 requires that a proposed tower with a planned height of 186 feet must be separated by at least 1,000 feet from the nearest RSF-1 through RSF-6 and RMF-6 residential districts (including PUDs with such densities). On the other hand, Section 2.3.35.6.2 requires that a 186-foot tower be separated by only 465 feet (height of the tower multiplied by a factor of 2.5) from those same districts when the tower is proposed to be located within any commercial or industrial districts. Furthermore, under the existing separation requirements, a proposed tower with a height greater than 1,000 feet (e.g., a 1,500 foot tower) could be approved with a separation distance of only 1,000 feet. If that tower fell over, it might not be contained on its site. Therefore, towers with a height in excess of 75 feet, including antennas, should have a separation distance of not less than the total height of the tower and its antennas from most residential areas in order to try to ensure that if the tower falls over, it will land only on its own lot or parcel of land, and will not fall and block any road right-of-way. A minimum separation distance of 50% of the tower height or the certified collapse area should be mandatory between towers and abutting properties where there are habitable residential and non-residential structures. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. AG~,.INIOA ITEM MAY 2 6 1999 pg. //) 2.6.35.6.6. With the exception of rooftop towers and towers on essential services- ccnditicna! use sites, each new communication tower shall meet the foil wig p ation eq i o n sear r u rements: Each new tower ~at exceeds ] 85 feet in h~iRht shall be located not less ~ 2.5 times ~e height of ~e towe= ~mm all RSE-] ~ou~ RSE-6, ~d ~E-6 zo~ng districts inc]udin~ pl~ed ~t developments (PUDs) where ~e adjacent use(s) is/=c, or comp~able to, RSF-1 ~ough RSF-6 ~d ~F-6 zo~ng dis~cB. If a p~ of a PUD is not develo~d ~d it is inconclusive wheffier · e p~ of a PUD ~ea ~n such m~m sep~ation disrace ~om the pro~sed tower site may be developed ~ffi a densiW of six ~its per acre or less, it sh~l be presmed that the PUD ~ea newest to ~e pro~sed site ~11 ~ develo~d at ~e lowest demiW possible ~der the respective PUD. In addition, each such new tower ~at exceeds a height of sevenW- five (75) feet excluding ~te~as, shall be sepiated ~om bo~d~es of s~o~ding prope~ zoned ~F-12, ~F-16, E, RT, VR, MH, TTRVC, H, ~d the residential ~eas of PUDs existing or pl~ed densities greater ~ six ~its per acre by not less th~ ~e to~ height of ~e tower ~cluding its ~te~; ~d from all o~er s~o~ding pro~ ~d~es by a disrace not less tower's certified collapse ~ea. Upon ~en application for exception(s) by ~e tower ~mit applic~t, cit~g to s~cific provisions(s) of ~legedly con~g ' law, s~ shall, in ~ng, ~t one or more speci~ly miculated exceptiota to ~ese ~p~ation requirements, but o~y tot he extent, ~ ~e op~on of ~e Co~W AUomey, each applied-for exception is m~ted by application of such law(s) ~ ~en appli~ to ~e s~ific tower si~. AGENDA iTEM 2.6.35.6.6 & 2.6.35.6.2/DM/md/3/23/99 NO. ,'~ MAY 2 6 1999 Pg../,'~ ORIGIN: Current Planning AUTHOR: Chahrarn Badamtchian, AICP DEPARTMENT: Planning Services LDC PAGE: 2:248 LDC SECTION: 2.7. CHANGE: Staff is proposing an amendment to the conditional use section of the LDC to extend the expiration of approved conditional uses from one year to three years, to limit the number of extensions an applicant may request from three to one, and allow, in case of interruption of activities for an extended period of time, the conditional use approval to remain in place if the site was improved for a specific use and those improvements are not readily convertible to a use permitted by the zoning of the property. REASON: A conditional use is currently approved for one year. This time period does not allow for churches and other organizations requiting fund raising to have enough time to raise the money necessary to improve the site. Therefore they have to apply to one or more conditional use extensions to keep there permit active. This will eliminate the need for most of the extension requests staff receives throughout the year, which will save time for the staff and the Board of Zoning Appeals. It will also eliminate a source of irritation for the applicants. The second part of this amendment will allow the conditional uses requiring substantial investment to improve the site and build buildings and/or other site related improvements which cannot be converted to be used for a permitted use in the zoning district to maintain their conditional use approval should they be forced to cease their operations for more than 12 consecutive months. FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: None. Amendment to the LDC as follows: 2.7.4.5.1. Any conditional use shall expire oa~ three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced. 2.7.4.5.2. Any conditional use shall expire one year following the discontinuance of the use for which the conditional use was granted, unless the site was improved and/or structures built for specific uses approved by a conditional use which cannot be convened to be used for a ~ permitted by the underlying zoning deSi~_h_'On of the s AC/.RDA ITEM I MAY 2 6 1999 1 2.7.4.5.3. The board of zoning appeals may grant a maximum oft4,,r-~ one one-year extensions of an approved conditional use upon written request of the petitioner. ~ 2.7. LDC AMENDMENT/CB/md AC, EINDA ITEM MAY 2 6 1999 Pg. ORIGIN: Current Planning AUTHOR: Chahram Badamtchian, AICP DEPARTMENT: Planning Services LDC PAGE: 2:201-2.204 LDC SECTION: 2.8. CHANGE: Staff is proposing to remove the unified sign requirements from Section 2.8.(Architectural and site design standards) of the LDC and add it to Division 2.5. (Sign ordinance) of the LDC. REASON: Having sign restrictions in different sections of the LDC is confusing to the sign contractors and developers. This amendment is only intended to relocate the unified sign requirements from Section 2.8. of the LDC and added it to the sign section of the Code. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amendment to the LDC as follows: (, ;ll,,__;__,a-; .... ........... ' A6ENDA ITEM " MAY 2 8 1999 I Pg. (1) KT ..... il ~;_~ ~1,^11 ..... A Off ...... , ~,c' +1., .... ;A+1, ~,c ,1-, .... ;+/~\ ...... :~A k,,busin .... ~, ....: a ~sz ;vith a ,,--:i,~imu,m of re,': percent cle= -----ea on """' AGENDA ITEId N~ ~ '- MAY 2 6 1999 2 pg._ B~IC~HT ~ V!C.,E I THE Gtc-~t,4 ~qtpTH Iljustration 16 ORIGIN: Community Development & Environmental Services AUTHOR: Ronald F. Nino DEPARTMENT: Planning Services LDC PAGE: LDC 3.13 LDC SECTION: 3.2.6.2.2. and 3.2.6.2.3. CHANGE: To amend procedures for obtaining an approval of a preliminary subdivision plat by deleting the requirement for approval of the Collier County Planning Commission (Section 3.2.6.2.3) and requiring an administrative approval of the Planning Services Director (Section 3.2.6.2.2.). REASON: The review of Preliminary Subdivision Plats is primarily a function of ensuring that provisions of Subdivision Regulations described at Division 3.2 of the Land Development Code are reflected in the preparation of subdivision plans. Once administratively approved the planning commission approval is perfunctory at best. Recognizing this the Collier County Planning Commission has recommended a revision to Division 3.2 for the purposes of making the approval of Preliminary Subdivision Plats an administrative process. This will conserve staff time and lighten the agenda of the Collier County Planning Commission. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.6.2.2. Review and rccc,,-:,~.c::daticn determination of approval. approval with conditions. or denial by development services director. After receipt of a completed preliminary subdivision plat, the development services director shall review and evaluate the preliminary subdivision plat in conformance with the preliminary subdivision plat requirements established in section 3.2.7. Based on the review and evaluation, the development services director shall · u~ _~.__; ...... ;..:,,_ a,^. ;. approve, approve with conditions, or deny the preliminary subdivision plat. The decision to _approve with conditions. or deny the preliminary_ subdivision plat may be _appe_aled to the board of county commissioners pursuant to the provisions of Section 1.6.6. of the Land Develonment Code. -n.~ r..~sn-~m~d.7.ti:n -~'^" k .... t._;,-,~.4 te .... ;..;^_ :_ _..4,4__ If the development services director ...... -~^--;-~ c~:r::_~s:~s~ should deny or pla~ conditions on the preliminary subdivision plat, he shall state in writing reasons for such ~...~:m_~'2~.~c= sf demal or conditions, and shall cite the applicable code or regulatory conditions or denial. Said det~ninadorl may b~ appealed to the Co~ Rv Board of ~ · Commissioners. MAY 2 6 1999 P.. 3.2.6.2.2.& 3.2.6.2.3. LDC AMENDMENT/RFN/md/H:LDC CYCLE 1 - 1999 AGENDA Nc~ 2 MAY 2 G 1999 Pg. ORIGIN: Community Development & Environmental Services AUTBOR: Ronald F. Nino DEPARTMENT: Planning Services LDC PAGE: LDC 3.32.1 LDC SECTION: 3.2.8.3.5. Buffer Areas CHANGE: Amend Section 3.2.8.3.4. Buffer areas deleting the requirement that landscape buffers be platted as separate tracts or easements. REASON: Provisions of the LDC division on subdivision and platting Div. 3.2 requires the platting of landscape buffers as separate tracts or recorded easements. Staff argues that this regulations is unnecessary because the requirement to provide a landscape buffer is a code requirement irrespective of whether or not there is a recorded easement or platted tract. On the other the requirement to plat a landscape tract or otherwise provide a recorded easement is an unnecessary cost addition to the platting process which does nothing to accomplish the objective of having landscape buffers. Another problem associated with platting landscape easements is that landscape buffer requirements may change from time to time which revisions may require landscape buffers inconsistent with the width of the platted easement. Another analogy worth citing is that the requirement to plat a landscape buffer when provisions of the LDC requires the buffer irrespective of whether or not there is a platted easement in place would be the same as requiring the plat to show other LDC development regulations such as setbacks and heights of buildings, etc. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend Section 3.2.8.3.4. as follows: 3.2.8.3.4. Buffer areas. Subdivisions or developments shall be buffered for the protection of property owners from surrounding land uses as required pursuant to division 2.4. Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses. Buffers shall be installed during construction as follows and in accordance with division 2.4: (a) To separate residential developments from commercial, community use, industrial and public use developments and adjacent expressways, arterials and railroad rights-of-way, except where such expressway, , arterial, or railroad right-of-way abuts a golf course. AC, E~A tTrr.~ MAY 2 6 199cJ .._ (b) To separate commercial, community use, industrial and pueblo use developments from residential developments. (c) To separate subdivisions of residential property that do not result in the submittal of a site development plan pursuant to the provisions of division 3.3 from other residential properties. Separation shall be created with a landscape buffer strip which is designed and constructed in compliance with the provisions of division 2.4. S'-'-ch b'-'-ffer z~"ip(z) ..... :~: .... ~ a:";~:"" '~ a Buffers adjacent to protected/preserve m'eas shall conform to the requirements established by the agency requiring such buffer. 3.2,8.3.5. LDC AMENDMENT/RFN/md/H:LDC CYCLE I - 1999 AGENDA II'EM No. 2 MAY 2 6 13S9 DATE: March 15, 1999 ORIGIN: Current Planning Section AUTHOR: Ronald F. Nino, AICP, Current Planning Manager Susan Murray, AICP, Chief Planner DEPARTMENT: Planning Services LDC PAGE: LDC 3:35, 3:47, 3:66 CHANGE: Change Section 3.3.5., to read as follows: "Site Development Plan Design Standards." Amend Sections 3.2.8.3.15 and 3.2.8.3.17. Add provisions, which clarify the requirements for sidewalks, bike lanes and bike paths outside of the Subdivision Regulations to clarify the requirement for sidewalks within existing subdivisions. Renumber remaining sections. REASON: To clarify the requirements for sidewalks, bike paths and bike lanes. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amend the Land Development Code as follows: 3.2.8.3.17. Sidewalks, bike lanes and bike paths. c: ,~ .....~t,~ ~,:~,~ ~ ......,a ~,;t,~ ~,~,~ o~,~u ~,~ The developer shall be required to construct sidewalks or bike paths, and bike lanes where applicable, as described below, unless otherwise exempted from the subdivision re~tlJations of this code, Sidewalks or bike paThs~ and bike ]aries shall be collstrtlcted conti~uotls to ptlblic and priva(e roadways, which are ad)acellt to and internal to the site, in conformance with the following criteria: 1. Bike lanes shall be provided on both sides of any street classified higher than a local street (i.e., collector, aerial). 2. Sidewalks, or bike paths six feet in width, shall be provided on both sides of collector and arterial streets. 3. Sidewalks, or bike paths, five feet in width, shall be provided on both sides of local streets except ~ follows: MAY 2 8 1999 1 (a) Where a cul-de-sac or dead end street exists within an approved single family residential subdivision, and where the developer of such subdivision was granted an exemption to the subdivision regulations to allow a sidewalk on only one side of the street, the same exemption shall then apply to any new abutting single family residential subdivision which extends the dead end street or cul-de-sac to no more than 1000 feet. 4. All sidewalks, bike paths and bike lanes along public and private roadways shall be constructed in accordance with design specifications identified in section 3.2.8.4.14. and Division 2.8 of this code. 5. Alternative designs for sidewalks, bike lanes, and bike paths in developments adjacent to public or private roadways may be provided, subject to approval by the Community Development and Environmental Services Division Administrator and may utilize, but not be limited to the following criteria: a. A design that matches the land use density and intensity of the development along the street or cul-de-sac. b. A design that matches the expected traffic volumes on the street or cul-de-sac. c. A design that does not create a safety hazard caused by vehicles parked across the sidewalk or directs pedestrians or cyclists into high traffic areas. d. A design that does not encourage additional landscape area due to clearing for the installation, aesthetic softening or additional hardscape, additional softening of unnatural linear concrete strips, or similar features. e. A design that matches the expected demographics of the development. including but not limited to considerations such as the expected amount of school age children and active adults. f. A design that matches reduced speed streets and 'cul-de-sacs. g. A design that matches the expected amount of utilization by joggers, walkers and cyclists. h. A design that matches the character of the development, i.e., golf course/country club community, affordable housing, private gated communities. i. Criteria pursuant to the provisions of section 3.2.7.2. 2 MAY 2 G 1BcJ9 Developments that provide an internal bike path system which functions primarily for transportation purposes, not recreation, and which connects with existing public bicycle paths or bike lanes may be exempt from this ~ the sidewalk/bike path requirement by the County's Transportation Services Division's Director if the alternative system functionally operates equal to the standards of the County's bikeway system, interconnects with the existing or proposed County bikeway_system and will be perpetually open to the public. 7. Developments providing interconnections to existing and future developments pursuant to the density rating system section of the Collier County growth management plan's future land use element, shall include sufficient fight-of-way to accommodate the roadway, sidewalks, bike--lanes or bikepaths, and bike lanes, where required. Bike paths, bike lanes and sidewalks shall be constructed concurrently with the roadway interconnection. 8_:. Where planned right-of-way improvements scheduled in the County's Capital mprovements Pro~am (CIP) would cause the removal of any sidewalks/bike paths or bike lanes required by this code within two (2) fiscal years following the fiscal year in which the first building permit for the project is issued, the developer, in lieu of construction of the required sidewalks/bike paths and bike lanes, shall provide funds for the cost of sidewalk/bike path and bike lane construction into a fund approved by the Transportation Services Director or designee for future construction of required sidewalks/bike paths and bike lanes, by Collier County. 3.2.8.4.1 4. Sidewalks and bikepaths. 5_. Where an exemption to the subdivision regulations has been granted permitting a sidewalk/bike path to be developed on one side of the street, and the sidewalk/bike path cannot be made continuous on the same side of a street for the length of the development~ the sidewalk may be allowed to continue on the other side of the street, provided a paved sidewalk/bike path connection with curb cuts is constructed from the end of the sidewalk/bike _tnn. h to the street, on both sides Of the su*cet. consistent with the design criteria described in section 3.2.8.4.14. and Division 2.8. A~A iTEM 3 MAY 2 6 1999 Sec. 3.3.5. c;+_ ,~ ....~ .....+ -~ ......; ..../chnx .....,~ .....Site Development Plan desi~m 3.3.5.1. Sidewalks. bike lanes and bike paths. For all projects required to be developed through the Site Development Plan (SDP) process. the developer shall be required to construct sidewalks or bike paths. and bike lanes where applicable. as described below. unless otherwise exempted from the subdivision regulations of this code. Sidewalks or bike paths. and bike lanes shall be constructed contiguous to public and private roadways which are adjacent to and internal to the site. in conformaxtce with the following criteria; L Sidewalks. six feet in width. or bike paths seven feet in width shall be provided on both sides of collector and arterial streets. 2. Sidewalks. or bike paths. five feet in width. shall be provided on both sides of local streets except as followS; a. Where a cul-de-sac or dead end street exists within an approved single family residential subdivision. and where the developer of such subdivision was _re'anted an exemption to the subdivision re_malations to allow a sidewalk on only one side of the street. the same exemption shall then apply to any new abutting single family residential subdivision which extends the dead end street or cul-de-sac to no more than 1000 feet. 3. Bike lanes shall be provided on both sides of any street classified higher than a local street (i.e. collector. arterial) unless otherwise modified or waived by the Board of Coun_ty Commissioners. 4. All sidewalks, bike paths and bike lanes along public and private roadways shall be constructed in accordance with design specifications identi~e~l in section 3.2.8.4.14. and Division 2.8 of this code, 5. Alternative desi_m~s for sidewalks. bike lanes. and bike paths in developments adjacent to public or private roadways may be provided. subject to approval by the Community_ Development and Environmental Services Division ' Administrator and may utilize. but not be limited to the foliowine criteria: a. A desi_m't that matches the land use density_ and intensity_ of the development along the street or cul-de-sac. b. A desi_~,n that matches the exnected traffic volumes on the street or c. A design that does not create a safety_ haTarcl caused by vehicl~ parked across the sidewalk or directs pedestrians or MAY 2 6 1999 4 --- d. A desi_ma that does not encourage additional landscape area due to clearing, for the installation. aesthetic softenina or additional hardscape, additional softening of unnatural linear concrete strips. or similar features. e. A desi_ma that matches the expected demo~aphics of the development. including but not limited to considerations such as the expected amount of school age children and active adults. f. A desi_ma that matches reduced speed streets and cul-de-sacs, g, A desi_ma that matches the expected amount of utilization by joggers. walkers and cyclists. h. A desi_ma that matches the character of the development. i.e.. golf course/country club communi.ty. affordable housing. privat~ gated i. Criteria pursuant to the provisions of section 3.2.7.2. 6. Developments that provide an internal bike path system. which functions primarily for transportation purposes. not recreation. and which Connects with existing public bicycle. paths or bike lanes may be exempt from the sidewalk/bike path requirement by the County_ 's Transportation Services Department Director if the alternative system functionally operates equal to the standards of the County's bikeway system. interconnects with the existing ---- or proposed County_ bikeway system and will be perpetually open ~i0 the public. 7. Developments providing interconnections to existing and future developments pursuant to the density_ rating system section of the Collier County_ ~owth management plan's future land use element. shall include sufficient right-of-way to accommodate the roadway. sidewalks. bike lanes or bike paths. and bike lanes. where required. Bike paths. bike lanes and sidewalks shall be constructed concurrently with the roadway 8. Where planned right-of-way improvements scheduled in the County's Capital Improvements Pro~am (CIP) would cause the removal of any sidewalks/bike paths or bike lanes re~_uired by this code within two (2) fiscal years following the fiscal year in which the first building permit for the project is issued.' the developer. in lieu of construction of the required sidewalks/bike paths and bike lanes. shall provide ~mds for the cost of sidewalk/bike path and bike lane construction into a fund approved by the Transpo_rtation Services Director or desi_maee for future construction of required sidewalks/bike paths and bike lanes. bv Collier County, 3.3.6. e:,, .~ ....~ .....· _:n_ ,~^_,~^,.~ Site development Dlan review (SDP~ .......... r ....... ~' ....... , . - - A ITEM Renumber the remaining sections. MAY 2 6 1999 5 Renumber the remaining sections. 3.3.8 c:,~ a ....~ .......b,. ,;~ ~:_:+~ Amendments. Renumber the remaining sections. 3.3.9. Vie!aliens. Site development plan time limits. Renumber the remaining sections. 3.3.1 0. Violations. 3.2.8.4.15. Sidewalks and bikepaths. 5.=. Where an exemption to the subdivision regulations has been granted permitting a sidewalk/bike path to be developed on one side of the street, and the sidewalk/bike path cannot be made continuous on the same side of a streel for the length of the development, the sidewalk may be allowed to continue on the other side of the street, provided a paved sidewalk/bike path connection with curb cuts is constructed from the end of the sidewalk/bike path to the street, on both sides of the street, consistent with the design criteria described in section 3.2.8.4.14. and Division 2.8. 3.2.8.3.17. LDC AMENDMENT/SM/md/3-25-99 AGENDA ITEM 6 MAY 2 6 1999 ORIGIN: PIning Services Staff AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager DEPARTMENT: Planning Services Department LDC PAGE: 3:88.1 LDC SECTION: 3.4.13.5.1 CHANGE: Establishment of an 80% rule to control blasting in urban construction environments. Provide requirement to provide the measurement and recording of airblast with establishment of maximum levels. Provide additional requirements to help reduce blasting impacts within the urban boundaries. REASON: Reduce the chances for structural and cosmetic damage to facilities located within the proximity of blasting operation. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. 3.4.13.5.1. It shall be unlawful for any person, to blast, fire, detonate or use any amount of explosive within the territorial limits of the county without first obtaining a blasting permit as hereinafter provided by this section; provided that in any event it shall be unlawful for any person to blast, fire or detonate or use any amount of explosives which would result in a resultant peak particle velocity in excess of 0.5 inches per second when measured on the ground at the nearest building or structure not owned by the permittee, or at a location identified by the seismologist of record and the Planning Services Director, or designee. A blasting control procedure is hereby established by an adopting an 80% rule for controlling blasting in urban construction environments. If 80% of the allowable particle velocity is exceeded, no blasting may be undertaken until a letter, fax, or telephone call with a follow-up letter or fax is provided by the blasting permit applicant to the County identifying a revised blasting methodology which provides procedures that will be implemented to assure that a peak particle velocity of 0.5 inches per second will not be exceeded Maximum allowable airblast measured at the nearest building or structure not Owmgl by the user, or when measured at a die. ante of 5280 feet from the blast shall not exceed 129 decibels when measured by an instnanent having a flat .--. frequency response over a range of at least 6 to 200 hertz. If the airblast is measured with an instntment having a fiat frequency measure over ,, ~n,.,~ ,~f at least 2 to 200 hertz, the corresponding limit is 133 decibels. Ae./nO~ ~rr.M MAY 2 6 1999 The following requirements shall apply to all blasting within the urban boundaries of the county: a) Overburden shall not be removed prior to blasting. When overburden exceeds 4 feet of depth. a minimum of 4 feet of overburden shall remain in place prior to blasting. b) Stem all blast holes within 1000 feet of the nearest structure based on a GPS measurement with 89 stone or approved equal material to confine the gaseous products of detonation. c) Backfill the "borehole" surrounding the blast tube to ensure stability of the ground surface. d) Cover or bury all surface detonators. e) Ensure charges are at proper depth originally placed prior to the detonation of multiple blasts. 3.4.13.5.1. LDC AMENDMENT/TE KJmd/3/1 I/99 MAY 2 5 1999 2 Pg.,/-30 ORIGIN: Community Development & Environmental Services AUTHOR: Barbara Burgeson, Senior Environmental Specialist Stephen Lenberger, Environmental Specialist II DEPARTMENT: Planning Services LDC PAGE: LDC3:130 LDC SECTION: 3.9.5.2.9 CHANGE: Add criteria for vegetation removal for Mitigation Bank Sites and environmental restoration. REASON: To allow clearing for environmental restoration, independent of other final local development order approvals. FISCAL & OPERATIONAL IMPACTS: Approval of this amendment will have no fiscal impact on the County. RELATED CODES OR REGULATIONS: None affected. 3.9.5.2.9 Removal of vegetation for approved Mitigation Bank Sites (as defined by the Florida Administrative Code); State or Federally endorsed environmental preservation. enhancement or restoration projects; or State of Florida. Division of Forestry approved fire breaks. Vegetation removal permits issued under this criteria are valid for the period of the time authorized by such agency permits. 3.9.5.2.9. LDC AMENDMENT/BB & SL/md No. MAY 2 /3 / ORIGIN: Community Development & Environmental Services AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGE: 6:43 LDC SECTION: Division 6.3 Definitions CHANGE: Amend definition of "nonconforming lot of record" to identify lots which do not meet minimum width or lot area, vice width and area. REASON: Correct typographical error FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Division 6.3. Definitions Nonconforming lot of record: Any lawful lot or parcel which was recorded, or for which an agreement for deed was executed, prior to the effective date of this code, and which lot or parcel does not meet the minimum width and or lot area requirements as a result of the passage of this code shall be considered as a legal nonconforming lot and shall be eligible for the issuance of a building permit provided all the other requirements of this code and the Florida Statutes are met. This definition also.includes any lot or parcel made nonconforming by a rezoning initiated by Collier County to implement the Zoning Reevaluation Ordinance [No.] 90-23 (1990) [Code ch. 106, art. II]. Div 6.3 LDC AMENDMENT/RG/md AGENDA iTEM "t MAY 2 6 1999 ORIGIN: Community Development & Environmental Services AUTHOR: Ed Morad DEPARTMENT: Code Enforcement LDC PAGE: 6:14 LDC SECTION: 6.3 CHANGE: Amend the definition of commercial equipment. REASON: To include utility trailers as pan of the commercial equipment definition. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. LDC AMENDMENT 6.3 DEFINITIONS TO READ: COMMERCIAL EQUIPMENT: Any equipment commonly used in a commercial business, i.e. contractors equipment, earth moving --- machinery, lawn equipment, or utility trailers, or devices used for the transportation of equipment, materials or merchandise. ~c ..... ,;~. -~ ~: -~ ) De~nitions/E. Morad/H: MAY 2 E; 1999 Pg .~ 0 ~ ~ o ._ .~ ~ '-- __ ~<ao ~ x u I,,I.! .- o O >,~ ::D Q ILl I, OPr' CN !,~1~J LI..I ~ MATCH LINE o ~n- co cr Z Dua ~ "tO 12 CL C-)Cb n,,n" O ~ --j,:- DO '~ D (:D ~ Oo --~:~ ~"~ 009 0 ~ "' z'~ -~ ~ '~ ~ ~ o oz<:~ _ ~ ..,~- ~,~-~ mE n;~, .... Z