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Ordinance 91-032 ORDINANCE NO. 91- 32 UNINCORPORATED AREA OF COLLIER COUNTY BY DISTRICT REGULATIONS, SUBSECTION 8.12d., ~ OFF-STREET VEHICULAR FACILITIES - PARKING AND LOADING, IN ORDER TO REVISE OFF-S]'TE ~ .%~/ PARKING REQUIREMENTS; BY PROVIDING FOR P~OVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents by enacting and enforcing zoning and business regulations necessary for the protection of the public; and WHEREAS, Chapter 163, Part II, (Local Government Comprehensive Planning and Land Development Regulation Act), Florida Statutes, provides that counties shall have the power and responsibility to plan comprehensively for their future development and growth including the adoption and implementation of appropriate land development regulations which are necessary or desirable to implement a comprehensive plan; and WHEREAS, these modifications and additions to the language of said districts will not be to the detriment of the public health, safety, comfort, order, appearance, convenience, morals, and the general welfare; and WHEREAS, the Collier County Planning Commission (Local Planning Agency) has determined that this proposed ordinance is consistent with the adopted Growth Management Plan as required by Section 163.3194(2)9a), Florida Statutes; and WHEREAS, on January 5, 1982, the Board of County Commissioners approved Ordinance Number 82-2, which established Section 8, Supplementary District Regulations, Subsection 8.12d., Off-Street Vehicular Facilities - Parking and Loading, of the Collier County Zoning Ordinance; and Words ~iD~erli~l~ are additions; Words s~ue~-~h~e~h are deletions. WHEREAS, the Community Development Services Division, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number B2-2, the Collier County Zoning Ordinance, as set forth below; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioner~ of Collier County, Florida that: SECTION ONE: Amendments to Section 8, of Ordinance No. 82-2, the Collier County Zoning Ordinance. Section 8, Supplementary District Regulations, Subsection 8.12d., Off-Street Vehicular Facilities - Parking and Loading, of Ordinance 82-2, the Zoning Ordinance of Collier County, Florida, as amended, is hereby amended to read as follows: d. Off-Street Parking: Location. The-~eq~re~-~-s~ee~-pa~n~-~a~½es e~n%~gu~us-~-perm~%%~g-~he-same-~se-as-%he aeeess&B}e-~=em-e-s~=ee~?-e~eyz-e~-ethe= a~%~m~e-sha~-hawe-~o-ba~k-~fl~o-afly-st~ee%v e½~ew-~he-es%eb~shmem~-e~-ehe-meq~e~ pa~ee~-in-%he-same-ewne~ship7-an~-wi%h-~he same-eemin~-es-%he-pe~ee~-en-whieh-~he hun~e~-t688~-fee%-ef-~he-b~i~in~-e~-~se-i~ ii~-in%enSe~-%e-se~ve-when-p~ae%~ee~ ~if~ic~%iem-p~even~-%he-p½cein~-e~-%he same-~e~-as-%he-~i~in~-e~-~se-i~-is-inten~e~ ta~ ~he-~enin~-B~ee%e~-mey-~mpese-s~eh ~e~½a~ens-e~-eom~ems-~pem-e~p~eva~ as-he-mey-~eeme~-apD=e~&a~e-~e~-~he Words underlined are additions; Words sS~uek-th~ou~h are deletions. --2-- ~e-~he-hea~hr-saeety?-an~ end-ove~heaa-wa~kwaye?-~a~e-s~gna~sr ~en~e~T-wa~sT-em~-Ye~e~a%~Ye-s~eens-as en~oreemen~-~mm~n~-~e-~he-eou~%y sh~nevem-be-e~oaehe~-~ponr-~se~7 patk~g-~ae~es-se~wes-s~-½eRg-as-~he .~a~ -~he-w~%~em-agreemen~-sha½~-be All required off-street shall be located on_the same lot they serve, may be located on another lot or lots under the same ownershiD.'Drovided: fa) The lots are conti~uous or wou~ conti~uous except for a roadway ~hat is not designated as a collector or arterial in the Traffic Element of the Growth Management pleD; and (b) The lot DroDosed for parkinq 9ermi~& parking facilities or the same or more intensive land uses than the lot on which the PrinciPal structure is located, Where off-site Darkin~ cannot be aDDrove~ because the properties are not conti~uous as descr~bed,~b0ve, the Community. Development Services Administrator. after review of a Site Development Plan submitted in ~ccordaDce wSth section 10.5, may .allow some required DarkiDg to be located off. 3ite. provided: /~ Al! of the lots are ~_~nershiD; Word~ u.nderlined are additions; Words s~rue~-~h~ough are deletions. ~e-e~-s~te. Darkin~ sDacs is located ~urther than three hundred (300) feet £rom the building or u~e they are intended to serve, measured by the ~hortest feasible walking distance, RD%ess special circu~st~pces ~st under Section 8.12d.5): (c) The lots are not separated by an arterial roadway as designated in the Traffic Element of the Growth.ManaGement, Plan: Cd) At least sixty-seven (67) percent of the reauired parkinG.for the development is located on the lot with the principal ~tructure. unless special circumstances 9Kist under Section 8,12d.5): and (9) ~be lot proposed-for p~rkinG permits ~he same or more.intensive land uses than the lot on which the principal structure is located or is~commer¢iall¥-zoned. 3) The Community Development Services Administrator. sha~l-base his determination of i r~uests for off-site Parking under Section ! 8.12d.2~-on the-follow.inG.re¥.iew criteria: (a) The-proDosed-off-site-parkin~ facility, includin~ its ingress and egress, is saf9 and convenient for motorists and pedestrians; ..... (~} The.proposed off-site parking facility does not:adversely impact the character and ~ualitv, of the neighborhood nor will binder the proper future development of surrounding properties: and (~} Approval'of the petition Will not'create parking problems for any neiGhborinG property. 4_1 Where off-site parking cannot be approved because ~he propert? is located in an ~_qriculturallv or residentially-zoned d~str~ct, an application for of~-$ite Parking approval ~av be submitted and shall be processed in conjunction with a Site Development Plan, pursuant tQ $ection 10,$ of this Zonin~ Ordinance. The procedural require~eDts set forth in Segtion 11.1b. of ]Abe zoning Ordinance shall be followed in the Yev~ew and ~pproval of off-site parkiDq petitions. The Board of Zoning Appeals, after review and recommendation by the Planning Commission, may approve the request, provid¢~[ (a~ All of the lots are under the same ownership: lb) No off-site Darkin~ space is fJl. rther than three hundred (300) from the buildin~ or use they ar~ intended to serve, measured by Words und~r~ine~ are additions; Words ~k-~h~h are deletions. shortest feasible walking distance, unless'special circumstances exist under Section L~ The lots are not ~parated by an arterial roadway as designated in the Traffic Element of the Growth Manaqement Plan~ /_~ At lea~t sixty-seven ¢67] percent of thc required parking for the development is located on the lot with the principal structure unless'Special circumstances exist under Section {el The off-site parkina~ will serve an ¢~isting structure or land use: /~ ~bere of~-site barking is proposed for commercial uses all of the lots proposed fo]~ o~f-site parking shall meet the ~ocational requirements for commercial useg...~s identified in the Future Land Use Element of the Growth Management Plan or are desiqned to serve water-dependent and/or water-related uses as described in .... the Urban Residential Subdistrict .., Future Land Use Element of the.Growth ~ .Management Plan: and..._ designed to mitigate any negative effects of this parking facility on neighboring residentially-zoned property, Mitig~tion shall include, unless specifically determined by the Board of Zoning Appeals not to be necessary: (1)~ Fo'-veh{cula~ egres~ shalI occur on .... ~ocal streets opposite of ~residential homes or within the building lines of unimproved sinqle- family residentially-zoned property: ¢~ L'i~h{inG s~all be shielded, pointing downward, and not over twent~ ~ feet in height so as to ~revent .. glare upon all nei~hboring re~idential properties: and {3)A fifteen fl5] foot wide landscape buffer strip shal~_DX_9_~ · the entire perimeter where it around directly abuts residentially-zoned p~Qperty with a six ¢6) foot high architecturally-finished wall, £en~e, hedge, or.berm combination and ten ¢10) foot tall shade trees ~paced no more than twenty ¢20~ apart on center. The Board of ~onina ApPeals may reduce the 6 foo~ biah screenin~ reauirement to hiah within front yard setback areas or where requested by t%~e abutting residential property owner. Where the followin~ special circumstanceg exist the Community Development Services Words underlined are additions; Words s~ru~-~h~u~h are deletions. Administrator or tho Board of Zoning Appeals, whichever is aDDlicablo, may reduce thQ requirements of Section 8.12d.2) lb) and/or Section 8.12d.2)~d). These Sp~gial circumstances shall include, but shall not be limited Ca) Where the proposed off-site parking will sery~ w~ter-dependent and/or water-related uses- {b) Q-~%~&i-the'pro~sed °'ff-sit~'parkinG will serve Temporary Parking for Sports Events, ReliGious Events, or Communitv Events ~s described in Section 8.23: {c) where,the proposed off-site parking will SgpYe uses within the Immokalee Central business District as described in Section 8.23A.:.. Cd) Where the propos'~d'6ff-site parking spaces will only be for valet ParkinG: spaces will only be"for employees (limited to a maximum of fifteen percent of the proJect,s total parkin~ reGuirement). 6) The Board of Zoning Appeals shall base their determination of reGuests for off-site parking on the followin~ review criteria: (a) ~h~' proPoSed 0ff_sf~e' parking facility, including its ingress and egress, is safe ~pd CQ~venient for m~orists and, p~estrians; ..... The proposed 0ff-~te p~rking f{cili~y does not adversely impact the character ~nd quality of the neighborhood nor will h~Dder the proper future deve~gDmept surrounding properties: (~) Approval of the petition will not create ~t~krking problems for any nei~hborinG property; ~d) Other more viable narkin~ solutions are RQt available to the petitioner. Words under~ine~ are additions; Words e~r~-~h~h are deletions. --6-- Where marking ts approved under Section 8.12d.2) or 8.12d.4) the following provisions shall aDDi¥~ T~e'Communitv_DgyeloDment Services Administrator or the Board of Zoning ApPeals, whichever is applicable, may impose r~quirements or conditions upon approval as appropriate to promote the public health, safetvo and welfare, These requirements or conditions may include, but shall not be limited to: pedestrian q~ound level and overhead walkways, traffic signals, traffic control devices, directional signs, controlled ingress and 9gress, DarkinG setbacks, lighting restrictions, extra landscaping, buffers, screens and-limited hou~ of operation:. Cb) Th'e owner of the land ~pon which such required off-street Darkin~ facilities are located shall enter into a .written agreement with the CountY, to be filed with the Clerk of the Circuit Court, with enforcement'runnin~ to-the.County providing that the.land comDrisinq required off-street D~rkinG facilities shall never be encroached upon, used. sold. leased or conveyed for any purDQ$~ except in con~unction with the building _ .. or use which the required off-stree~ Darkin~ facilities serve~ so long as the off-street parkin~ facilities are required; (c) The owner of th~and upon which such required off-stre~ pDrkin~ facilities ~ are located agrees to bear the expense of recordin~ the agreement, which agreement shall bind his heirs, ~u¢ces~ors. and assiqns; and (d), The written agreement shall be voided by Collier County if other reGuired off-street parking facilities are  provided in accordance with the · requirements of this zonin~ Ordinance. 8) Each off-street parking space must be directly ~ ~ssible from a street, alley, or o~her public riGht-of-waY and all off-street.~arkinq ~cilities must be so arranged that no vehicle shall have to back onto any street, e×cludinG single-family and two-family resident~a~ dwellings and churches, app~ove~ under Section 8.23 of thi~ Zoning Ordinance, SECTION TWO: Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of collier County and other applicable law, the more restrictive shall Words underlined are additions; Words s~=H=k-~h~h are deletions. ~ i --7-- imm apply. .If an phrase or portion of the Ordinance is held invalid or unconstitutiol 1 by any court'.of competent Jurisdiction, such portion shall be deem! d a separate, distinct and independent provision and such holding shall not affect ~he validity of the remaining portion. SECTION THREE Effective Date This Or( hence shall become effective uR~n receipt of notice from the Secretary of State that th~']~.~]~'~.?___~]~__-~n]f_i%ed ~%.t..n the Secretary of tare. DATE:.. April ~16, 1991 ~'O~D OF CO~TY CO~ISSIONERS COLLI~ CO~TY, F~RIDA ATTEST: ~ y J~Es c. GIL~s, 'CLERK .PATRICIA ~NE GOODNIGHT, C~I~ ~.,,~ . '~.~-%'~" ........... ~-] :'Z,. .............. ' ' ~ of State' f ~D~ZD~ CO~ AT~O~N~ Words are additions; Words se~ue~-%h~9~h are deletions. STATE OF FLOiRIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth 3udic]al Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 91-32 which was adopted by the Board of County Commissioners on · . the 16th day of April, 1991, during Special Sesslon. WITNESS my hand and the official seal of the Board of County Commla, sJoners of Collier County, Florida, this 23rd , . day of April, 1991. JAMES C. GILES '"~'\;"~'" /'% Clerk of Courts and Cler, k Ex-officio to Board of 4'. ' County Commtsston~.~'~:' ." ~: /s/Maureen Kenyon <" ' -" Deputy Clerk "