Ordinance 89-051ORDINANCE 89 - 51
.AN ORDINA/~CE AMENDING COLLIER COUNTY ORDINANCE
~O. 82-2, AS AMENDEDt THE COMPREHENSIVE ZONING
~;REGUL~TIONS FOR THE UNINCORPORATED AREA OF
· ~i~.~OLLIER COUNTY BY AMENDING SECTION 13,
,..iPROVISIONAL USES, BY PROVIDIN~ FOR HABITAT
· '"'~DENTIFICATION; DY PROVIDING FOR REMOVAL OF
;,~XOTIC SPECIES; BY PROVIDING FOR A PROGRA~ TO
~'~I2~REVENT REINVASION OF EXOTIC SPECIES; BY
'-~ROVIDIN~ REQUIREMENTS TO OBTAIN A TREE
~EMOVAL PERMIT PRIOR TO LAND CLEARING;
PROVIDING FOR CONFLICT A/~D SEVEP~ABILITY; AND
P~OVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the curuent County Growth Management Plan, as
approved by the Board of County Commissioners, provides for
identification, protection, conservation, and appropriate use of
native vegetative communities, and wildlife habitats; and,
W/qEREAS, Policy 6.4.1 of the Conser%,ation and Coastal
Management Element of the County Growth Management Plan requires
identification of native habitat communities; and
W~{EREAS, Policy 6.4.3 of the Conserwation and Coastal
Management Element of the County Growth Management Plan requires
new development to implement a program for removal and long-term
control of exotic plants; and
WHEREAS, .Policy 6.4.5 of the Conservation and Coastal
Management Element of the County Growth Management Plan requires
that development greater than 2.25 acres receive a tree removal
permit according to the requirements of the Tree Removal
Ordinance (Ord. 75-21), as amended; and ~_~
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUN~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that. ~i&~
Section 13 Provisional Uses, Subsection 13.1 Generalo~
Written Petition: shall be amended to read as follows: .~-~'~
a. Written Petition: A written petition for provisional use
shall be submitted to the County Development ~ervices
Administrator indicating the basis in this Zoning Ordinance
under which the provisional use is sought and stating the
groundn upon which It lm roquomted, with particular reference
to the types of findings which the Board of Zoning Appeals
must make under Subsection d. below.
Developments shall identify. Drotect, conserv~ and
appropriately use native vegetation communities and wildlif~
habitat. Habitats and their boundaries shall b~ identifie~
on an aerial photograph of th~ site. Habitat identificat~oB
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Words ~nderli~ed are added; words s%~u=k-%h~ough are deleted.
will be consistent with th9 Florida Department of
Transportation Florida Land Use Cover and Forms
Classification SYstem and shall be depicted on an aerial
photograph having a scale of one inch ~c~g~l to at least 700
foe~ ~hon a~ll~_from tho County. othorwise, a scale of at
least one inch eaual to 400 feet is acceotable. Information
obtained bv ground-truthing surveys shall have precedence
over information Presented through photographic evidence.
The petition should includo matorial nocossary to domonstrato
that the grant of special exception will be in harmony with
the general intent and purpose of this Zoning Ordinance, will
not be injurious to the neighborhood or to adjoining
properties, or otherwise detrimental to the public welfare.
Such material may include, but is not limited to, the
following, where applicable:
8~CTION TWO~
Subsection 13 Provisional Uses, shall be amended'by the
addition of two subsections (subsection 13.5, subsection 13.6),
to read as follows:
13.4 Provisional Uses for School, Religious or E~amosyna~y
Eleemosynary Purposes: A use which has been approved as part
of a subdivision master plan or a planned unit development
for schools, religious or eleemosynary uses shall be exempt
from tho provisions of this Soction. Such usos may be
approved by the ~on½n~-B½re~o~ Plannin~ Services Manager
after a finding that the use complies with Section 10.5 and
all other zoning requirements of law.
13.5 All exotic plants, as defined in County Ordinance
82-37. as amended, shall be removed during each Dbase O~
construction from developmeBt areas, open space areas, an.~
preserve areas, Following site development, a m$intenanG9
program ~ball be implemented to prevent reinvasion of th-
site by exotic species. This plan which describes control
~echniaues and inspection interwals, shall be filed with and
subject to ~pDroval by the Community Development Services
Director or designee. Fle×ibilitv in the form o~ area
~rade-offs or mitigation shou%d be allowed in the
~cter~nation o~ areas w%~h~n d~velopments to be preserveqL~
13.6 For Provisional Use petitions involvin¢~ areas ~reat~
than 2.25 acres, developer shall be subject to Ordinang~
75-21 (or the tree/vegetation removal ordinance in existgDq-
at the time of permitting], re~ruiring a tree removal perm~
prior to any land clearing. A site clearing plan shall
~ubmitted to the Development Services Director or desi~ne9
for their review and subject to approval p~ior to any work on
the site. This plan may be submitted in phases to coinc~_9
w~th the development schedule. Th~s clearin~ plan shall
clearly d~pict how the fiDa~ site layout incorporates
retained native vegetation to the maximum ext. ent Dractica~
and how roads, buildings, lakes, parkin~ lots, and other
facilities have been oriented tQ ~¢commQd~te this ~oa~,
criterion to be used in evaluating the extent of native
vegetation to be retained shall b~ g consideration of the
land use.
13.5! Changes and Amendments: The ~n~ng-B~e~ ~~
Services Manager may approve minor changes in the location,
siting, or height of buildings, structures, and improvement~
authorized by the provisional use.
All major changes or amendments except increase in land area
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Words underlined are added; words s~]{-~hr~h are delmted.
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shall require Development Plan approval. (See Section 10.5)
Any change or amendment which would increase the land area
covered by a provisional use shall require a full review as
for a new. request.
SECTION THREE: Conflict and Severability
In the event this Ordinance conflicts with any other
Ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of the
ordinance is held invalid or unconstitutional by. any court of
competent Jurisdiction, such portion shall be deemed a'separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION FOUR:
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
BOARD OF COUNTY COMMISSIONERS .
· COLLIER,:~TY, By: ~~~/~~.~~.FLORIDA ~ .' i'
BURT L. SAUND~RS, C2~AIRFuXN
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Words underlined are added; words s~=uck-%hrough are deleted.
· :'.'" ",oo 03(]
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 89-51
.which was adopted by the Board of County Commissioners on the
25th day of July, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
August, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
Cvou/~omm i s s ioners
By: Virginia Magri
Deputy Clerk
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